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As an employer, hiring new staff can be a stressful process. If you work in an industry that typically hires young workers, you might consider how old a child needs to be to legally work. The answer depends on what state or territory the young person resides in. Hence, this article will set out the minimum age of employment in each state or territory, so you can have peace of mind that you are hiring legally.
New South Wales
There is no minimum age for when a person can start working in New South Wales. However, there are additional conditions that depend on a child’s age. For example:
- if he or she is under 15 and employed in entertainment, a photography business, or door-to-door selling, or under 16 and employed as a model, you must hold an employer’s authority; and
- if the person is under 18, the business must provide employment terms and conditions equal to those that apply under the comparable NSW state award and industrial legislation.
A young person has to be 17 to enter full-time work. However, they may apply for an exemption to leave school and work full time instead if they have finished Year 10.
Australian Capital Territory
There is no minimum age for when a person can start working in the Australian Capital Territory (ACT). However, there are additional conditions for employers whose employees are under the age of 15, including that the employer:
- can only hire a young person for light work that is not contrary to their best interests (e.g. sports umpiring, working as a cashier or babysitting);
- can only hire a young person for up to ten hours per week without notifying the Child and Youth Protection Services; and
- cannot hire the young person without parental consent.
Victoria
A person must be 15 years or older to start working in Victoria. However, there are some exceptions to this rule which allow you to employ a person under the age of 15, including if you work in:
- a family business; or
- the entertainment industry.
If the person you are looking to employ is under the age of 15 but older than 13, they may work with the permission of their parents. You will require a child employment permit in this scenario.
Northern Territory
There is no minimum age for when employees can start working in the Northern Territory. However, there are additional conditions which depend on the age of the employee. For example, an employer must not require the employee to perform any work that is:
- between 10 p.m. and before 6 am, if they are under the age of 15; or
- harmful or likely to be harmful to their physical, mental or emotional wellbeing or involves any exploitation, if they are under the age of 18.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
Queensland
An employee must be 13 years or older to start working in Queensland. There are, however, some exceptions to this rule which allow you to employ a person under the age of thirteen, including if:
- you work in a family business;
- you work in the entertainment industry; or
- there is some form of supervised employment such as deliveries and charitable collections.
South Australia
There is no minimum age for when a person can start working in South Australia. You cannot, however, employ a child of compulsory school age (between 6 and 16 years of age) during the hours that they are required to attend school. You also cannot require the employee to work at a time that is likely to render them unfit to attend school (i.e. late nights and early mornings).
Tasmania
There is no minimum age for when a person can start working in Tasmania. There are, however, limits to the type of work that the young person can do when performing or selling in public places. This includes that children under the age of:
- 11 cannot work in sales; and
- 14 cannot sell anything between 9 pm and 5 am.
Western Australia
A person must be 15 years or older to start working in Western Australia unless they work;
- in a family business;
- in the entertainment industry; or
- as a volunteer for charities or sporting clubs.
Work During School Hours
A person must be of minimum school leaving age if you would like to employ them to work during school hours. Like the minimum working age, the minimum school leaving age differs between each state and territory. It is currently 14 for every state and territory except for Victoria and Tasmania where it is 16 years of age.
Company Policy
You may want to consider developing a company policy to set out the minimum age required for your employees while keeping in mind the legislative requirements for your state or territory.
Legal Considerations and Penalties
Employers should be aware of the legal consequences of hiring young workers. Non-compliance with child labour laws can result in substantial fines, legal action, and damage to the company’s reputation. It is crucial to understand and adhere to the laws specific to your state or territory to avoid these penalties.
Best Practices for Hiring Young Workers
If you employ young people for your business, you should:
- always verify the age of the young worker with proper documentation;
- ensure that the work is suitable for their age and does not interfere with their education;
- obtain necessary permits and parental consent where required;
- provide a safe and supportive work environment; and
- educate young workers about their rights and responsibilities.
Key Takeaways
As an employer, it is crucial that you do not employ people who are too young to legally work. However, the requirements of the minimum working age differ from state to state. You should also take into account how a person’s young age can impact on their work.
If you have any questions about ensuring that you are hiring workers legally, our experienced employment lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
The age restrictions vary between each state and territory in Australia, so you should check your relevant area’s laws.
There is no minimum age for when a person can start working in New South Wales. However, there are additional conditions that depend on a child’s age.
In Victoria, a child must be 15 years or older to work. There are some important exceptions to this law if someone under 15 would like to work, namely if they work in a family business or the entertainment industry.
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