Most young people would like some extra cash for concert tickets, clothes or the new Samsung Note 7. But how old do you have to be to work? The answer depends on what state or territory you reside. Below, we set out the different minimum age requirements for young people looking for employment.
New South Wales
There is no minimum age for when a person can start working in NSW. However, there are additional conditions which depend on the individual’s age, for example:
- If he or she is under fifteen and employed in entertainment, a photography business or door-to-door selling, or under sixteen and employed as a model, the employer must hold an employer’s authority as per the Children and Young Persons (Care and Protection) Act 1998 (NSW); and
- If the person is under eighteen, the business must provide employment terms and conditions equal to those that apply under the comparable NSW state award and industrial legislation.
Australian Capital Territory
There is no minimum age for when a person can start working in the ACT. However, there are additional conditions for employers whose employees are under the age of fifteen, including:
- 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);
- The employer can only hire a young person for up to ten hours per week without notifying the Child and Youth Protection Services; and
- The employer cannot hire the young person without parental consent.
A person must be fifteen 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 fifteen, including:
- If you work in a family business; or
- If you work in the entertainment industry.
If the person you are looking to employ is under the age of fifteen but older than thirteen, they may work with the permission of their parents. You will require a child employment permit in this scenario.
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 fifteen; 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 eighteen.
An employee must be thirteen 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;
- If you work in the entertainment industry; or
- Some forms of supervised employment such as deliveries and charitable collections.
There is no minimum age for when a person can start working in South Australia. An employer 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. An employer 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).
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, such as:
- Children under the age of eleven cannot work in sales;
- Children under the age of fourteen cannot sell anything between 9 pm and 5 am.
A person must be fifteen years or older to start working in Western Australia notwithstanding the following exceptions:
- If they work in a family business;
- If they work in the entertainment industry; or
- If they work 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 fifteen for every state and territory except for Victoria and Tasmania where it is sixteen years of age.
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.
For example, McDonalds have imposed a minimum age policy of fourteen which covers all stores Australia wide. They have expanded on what the law says in those states which do not have a minimum working age (NSW, NT, SA and TAS) by adding further conditions for those who are fourteen but not yet sixteen, including:
- Their parent or guardian must provide written consent to start work; and
- The person must be able to demonstrate during the interview that they can handle difficult situations and have the skill to fulfil the job requirements.
If you need help with determining the legislative requirements in your state or territory or need your current employment contract reviewed, get in touch with our employment lawyers on 1300 544 755.