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Employing children in entertainment

There are industry specific requirements and a mandatory code of practice for employing a child under 15 in entertainment.

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Our online learning module can help you understand the requirements of Victoria's child employment laws.

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Mandatory code of practice

Employers in entertainment must also comply with the Mandatory Code of Practice for the Employment of Children in Entertainment, which outlines requirements for:

  • supervision
  • general duties of an employer
  • hours of work
  • tutoring
  • babies
  • record keeping.

Key parts of the code are explained on this page.

Age requirements

There is no minimum age of employment in entertainment, but you need a licence to employ anyone under 15.

There are also conditions that apply depending on the child’s age:

Employment of a baby for one hour or less

Employment of a baby less than 1 hour form
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Employment of a baby for more than one hour

Employment of a baby more than 1 hour form
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These requirements are set out in detail in the Mandatory Code of Practice for the Employment of Children in Entertainment.

Licensing system

An employer must hold an entertainment specific child employment licence to employ someone under 15, whether the work is paid or voluntary. Employing a child without a licence is a crime and may be penalised.

An entertainment licence must include details of at least one employee representative, who will:

  • have a current Working with Children Clearance, unless they are exempt, for example, a parent supervising their child
  • be able to make day‐to‐day decisions about the child’s work
  • have authority to direct the work of any child employed
  • ensure the Child Employment Act 2003 and any licence conditions are complied with.

Where a licence is granted, a business can employ multiple children under one licence.

Licences are free and, for the entertainment industry, last for 1 year.

Apply for a licence

Renew a child employment licence

Notification requirements

Employers must use our online portal to notify us of each child they employ. It is preferable that we are notified before the child has started work.

Make a notification

Watch our short video about child employment laws.

Victoria's child employment laws animation

Child Safe Standards

Victoria’s Child Safe Standards require organisations to embed child safety in their day-to-day operations, helping keep children safe from physical, sexual, emotional and psychological abuse and neglect.

Child employment licence holders must comply with Child Safe Standards.

Child Safe Standards and employing children

Supervision

Workers under 15 must always be supervised by someone who is at least 18 years old and holds a Victorian Working with Children Clearance, unless they are exempt, for example, a parent supervising their child.

There are also specific supervision requirements for children working in entertainment. Children aged between 12 weeks and 6 years old must be supervised by either a:

  • parent or guardian of the child
  • person nominated by the employer and authorised by the parent or guardian
  • person who holds an approved early childhood teaching qualification
  • person who holds a diploma level education and care qualification
  • registered nurse or midwife

Children aged 6 years or older must be supervised by either:

  • a parent or guardian
  • a person nominated by the employer and authorised by the parent or guardian
  • an adult with training or experience in the care of children of the age of the child to be supervised

Children less than 12 weeks old must be supervised by a parent or guardian.

An employer must ensure that a supervisor is not given other responsibilities that prevent them from directly supervising the child.

Supervision requirements also apply during casting.

Record of supervision

A record of supervision must be kept for 5 years and include the name of any person who supervises workers under 15 and their Working with Children Clearance number. A template is available to help you record this information.

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Accessible record of supervisors template
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General duties of an employer

The Mandatory Code of Practice for the Employment of Children in the Entertainment Industry requires an employer to give parents a Summary of the Code and information about the intended:

  • role and duties the child will perform
  • employment hours and workplaces.

The employer must get certain information about the child, including details of any medical conditions, from theit parent or guardian before the child can start work. A template child information form is available for employers to use.

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Hours of work

The Mandatory Code of Practice for the Employment of Children in Entertainment outlines the maximum:

  • days of employment in any week
  • employment hours per day
  • consecutive days of employment
  • spread of hours.

For film, television, radio, advertising, photography and modelling:

AgeMaximum number of days of employment in any weekSpread of hoursMaximum employment hours per dayMaximum number of consecutive days of employment
Under 3 years36am-6pm4 hours3
3 years and under 8 years46am-11pm*6 hours**4
8 years and under 15 years56am-11pm*8 hours**5

* A child cannot work beyond 9pm if they are required to attend school on the morning of the following day.

** A child cannot work for more than 4 hours on any day on which they attend school for 3 hours or more.

For live entertainment, including musical theatre, plays, operas and circuses:

AgeMaximum number of days of employment in any weekSpread of hoursMaximum employment hours per dayMaximum number of consecutive days of employment
Under 2 years19am-6pm4 hours1
2 years and under 6 years39am-6pm4 hours3
6 years and under 10 years49am-10pm*4 hours4
10 years and under 12 years49am-11pm*6 hours**4
12 years and under 15 years49am-11pm*8 hours**4

* A child cannot work beyond 9pm if they are required to attend school on the morning of the following day.

** A child cannot work for more than 4 hours on any day on which they attend school for 3 hours or more.

You can apply for a variation to requirements under the Mandatory Code.

You can also apply for an exemption for a child to work during school hours through the Department of Education.

Prohibited conduct

An employer must take reasonable steps to ensure children are not socially isolated or caused to feel:

  • intimidated
  • threatened
  • frightened
  • humiliated.

A child must not be made to feel distressed for the purpose of depicting an emotional reaction.

Children must not be exposed to nudity or adult themes, including:

  • sex
  • cruelty
  • violence
  • drug misuse.

Record keeping

An employer must keep records about the employment of children. Most records must be held for 12 months after the child ends work.

A record of supervision must be kept for 5 years and include the name of any person who supervises workers under 15 and their Working with Children Clearance number. A template is available to help you record this information.

Record-of-supervisors-template
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Accessible-record-of-supervisors-template
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Tutoring

If a child has an exemption from school attendance and receives tutoring from the employer, the employer must keep written details of the tutoring arrangements.

Our role

At the Wage Inspectorate we:

  • provide information about child employment laws
  • administer the child employment licensing system
  • monitor and enforce compliance with the laws
  • respond to complaints and tip-offs about non-compliance
  • promote child safety outcomes in Victorian workplaces
  • monitor and enforce compliance with Child Safe Standards in Victorian workplaces.

If you have questions about child employment, email us or call 1800 287 287.

Report an employer

Report an employer you suspect is breaking child employment rules using our online form or by calling 1800 287 287. You can remain anonymous.

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