Child Employment Regulations 2004

Victorian Legislation and Parliamentary Documents i Child Employment Regulations 2004 S.R. No. 60/2004 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Definition 2 5. Consent to entry 2 6. Records 2 7. Availability of records 3 8. Documents 3 9. Application of record-keeping requirements 4 __________________ SCHEDULE—Acknowledgment of Occupier's Consent to Enter Premises 5 ═══════════════ -- 1 of 7 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 60/2004 Child Employment Act 2003 Child Employment Regulations 2004 The Governor in Council makes the following Regulations: Dated: 8 June 2004 Responsible Minister: ROB HULLS Minister for Industrial Relations DIANE CASEY Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe the form required for the occupier's consent to entry of a child employment officer to any part of the occupier's premises used for residential purposes; (b) to require an employer to keep records in relation to the employment of a child. 2. Authorising provision These Regulations are made under section 53 of the Child Employment Act 2003. 3. Commencement These Regulations come into operation on 12 June 2004. -- 2 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 60/2004 Child Employment Regulations 2004 2 4. Definition In these Regulations, "the Act" means the Child Employment Act 2003. 5. Consent to entry For the purposes of section 42(5) of the Act, the prescribed form is the form set out in the Schedule. 6. Records (1) An employer must keep records in accordance with this regulation in relation to each child employed by the employer under a permit. Penalty: 10 penalty units. (2) The records must include— (a) the times the child started work and finished work each day of work; and (b) the hours the child worked each day and each week; and (c) the date the child started employment and the date that he or she finished employment; and (d) each date the child worked. (3) The records in relation to a child must be kept for at least 12 months after the date on which the last entry was made in those records in relation to the child. (4) An employer must not alter a record, or allow a record to be altered, except to correct an error. (5) An employer must— (a) correct any error in a record as soon as the employer becomes aware of that error; and (b) record the nature of the error with the correction. r. 4 -- 3 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 60/2004 Child Employment Regulations 2004 3 (6) A record kept under this regulation must— (a) be in a legible form in the English language; or (b) be in a form that is readily accessible and is convertible into a legible form in the English language. Note: An employer does not necessarily satisfy all record keeping obligations by complying with these Regulations. There may be additional record keeping obligations in relation to a child's employment under other legislation. 7. Availability of records (1) An employer must make a copy of a record kept under regulation 6 available to— (a) the child to whom the record relates, on request from that child; or (b) a parent or guardian of the child, on request from that parent or guardian. (2) The employer must make the copy available— (a) if the record is kept at the premises where the child is or was employed, as soon as practicable after the request at those premises; or (b) in any other case, within 14 days after the request in a manner agreed between the employer and the person making the request. 8. Documents An employer must keep, until the expiry date of each document, in relation to each child employed under a permit— (a) a copy of the permit; and r. 7 -- 4 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 60/2004 Child Employment Regulations 2004 4 (b) any declaration of suitability issued under section 19(4) of the Act in relation to a person permitted to have direct supervision or control of the child in the course of the child's employment. 9. Application of record-keeping requirements (1) Regulations 6 and 7 apply to every employer of a child employed under a permit, other than— (a) an employer who is an extended family member of the child; or (b) an employer who employs the child in accordance with a work experience arrangement under the Education Act 1958. (2) Regulation 8 applies to every employer of a child employed under a permit, other than an employer who is an extended family member of the child. __________________ r. 9 -- 5 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 60/2004 Child Employment Regulations 2004 5 SCHEDULE Regulation 5 Child Employment Act 2003 ACKNOWLEDGMENT OF OCCUPIER'S CONSENT TO ENTER PREMISES A Child Employment Officer appointed under the Child Employment Act 2003 may not enter any part of premises used for residential purposes unless— (a) the Child Employment Officer produces his or her identity card for inspection; and (b) the Child Employment Officer informs the owner or occupier of the purpose of the entry; and (c) the Child Employment Officer informs the occupier that he or she may refuse to consent to the entry; and (d) the occupier consents to the entry of those premises by the Child Employment Officer. As an occupier of premises any part of which is used for residential purposes, you have a right to refuse entry to a Child Employment Officer to those parts of your premises. If you, as the occupier, are willing to consent to the entry of the Child Employment Officer, in accordance with section 42(5) of the Child Employment Act 2003 you are requested to acknowledge this consent by signing below. By signing this consent for the Child Employment Officer to enter your premises, you are acknowledging that: † You have been informed of the purpose of the entry; and † You have been informed that you have the right to refuse to consent to the entry; and † You have consented to the entry. Time: am/pm (time consent given) Date: (date consent given) Sch. -- 6 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 60/2004 Child Employment Regulations 2004 6 Signed: (signature) (full name of occupier) Address of Premises: Child Employment Officer: (signature) (full name of Child Employment Officer) Time of departure am/pm Date: The Child Employment Officer must give the occupier a copy of this Acknowledgment before leaving the premises. It is advisable that the occupier retain a copy of this Acknowledgment for his or her records. ═══════════════ Sch. -- 7 of 7 --