Child Employment Law Update for Victorian Sailing Clubs

From 1 July 2023, the Victorian Government's new child employment laws will come into effect. Previously not-for-profit organisations were exempt from falling under the Act. However, that is no longer the case.

Not-for-profit organisations that engage children are covered by the Act, even where they do not have an employment contract with a child.

Not-for-profit organisations need to apply for a child employment licence and comply with the Act if they:

• engage a child (under 15 years-old) for the benefit of the organisation or a person involved in the organisation, whether paid, unpaid, or the child receives another reward for performing that work, and
• the child (under 15 years old) is under direction about how the work will be performed.

A typical scenario where the above will occur is when the club is employing a child as an assistant instructor at the Club - aged between 14 and 9 months and 15 years old. If you use children under 15, your club needs to:

• Apply for a child employment licence - https://www.vic.gov.au/apply-child-employment-licence
• ensure the supervisor of the child under 15, is over 18 years old and holds a current Victorian Working with Children Clearance

An employer must ensure a child is not socially isolated or caused to feel:

• intimidated
• threatened
• frightened
• humiliated.

For more information, please visit: https://www.vic.gov.au/changes-child-employment-act or contact Wage Inspectorate Victoria directly.

Thank you

Meaghan