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  • 22 Rights in Society – from discrimination to intellectual property
  • Children’s Rights and Duties
  • Children’s Rights
  • Employment
handbook symbol Tasmanian Legal

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It is an offence to employ a child under the age of 11 years in street trading (Children, Young Persons and Their Families Act 1997 (Tas). The prohibition extends to children who have not reached 14 years of age if trading between 9pm and 5am is involved (s94(2)). An exception exists however for those children acting on behalf of a school or other charitable purpose (s94(3)).

It is also an offence to employ a child while they should be at school, although if the circumstances warrant it, authorisation may be granted by the Secretary of the Department of Education. This means that traditional after school jobs, such as paper rounds, and other tasks are legal.
It is an offence to permit a child under 14 to participate in restricted categories of ‘public entertainment’ CYPFA). This does not include public entertainment where the net proceeds are devoted to the benefit of a school or a charitable purpose or takes place on premises used for religious services.

Children under 16 years of age may not be employed underground in a mine, drive tractors unless supervised, operate dangerous machinery, or (unless they are apprenticed) undertake electro-plating. Children under 18 years of age cannot undertake abrasive blasting or lead processing. They also cannot hold a certificate of competency (as, for example, a welder or a boiler attendant). Where a child is employed, the relevant award or industrial agreement may have special provisions for young people.

Unemployed children aged over 16 may qualify for Youth Allowance. In certain circumstances, for example where the child is homeless, a child may qualify for a Centrelink income support payment under the age of 16.

Page last updated 27/02/2022

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