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Worst Forms of Child Labour Convention, 1999 (No. 182) - Australia (RATIFICATION: 2006)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography and for pornographic performances. Queensland. In its previous comments, the Committee noted that the provincial legislation in Queensland only prohibited the use, procuring or offering of a child under 16 for the production of pornography or for pornographic performances. It noted, however, that section 18 of the Classification of Publication Act which deals with the procurement of minors for the production of child abuse photographs, section 43 of the Classification of Films Act which deals with the procurement of minors for objectionable films and section 28, which deals with obtaining a minor for objectionable computer games do not provide for a definition of a “minor”. The Committee requested the Government to indicate the provision which defines a “minor” as a person under the age of 18 years.

The Committee notes the Government’s information in its report that Schedule 1 of the Acts Interpretation Act 1954 provides for a list of definitions for commonly used words and expressions, including the definition of “minor”, which refers to an individual who is under 18.

Clause (c). Use, procuring or offering of a child for illicit activities. Provincial legislation. Western Australia. In its previous comments, the Committee noted that the Misuse of Drugs Act 1981 did not specifically prohibit the use of children in the production and trafficking of drugs. It also noted that according to section 193 of the Children and Community Services Act 2004 (CCS Act), the Chief Executive Officer of the Department of Child Protection had the power to prohibit or limit the employment of a child (defined as persons under the age of 18 years), by written notice given to the parent of the child, if the officer was of the opinion that such employment or the nature or extent of the work carried out by that child was likely to jeopardize the well-being of that child. The Committee observed, however, that the provisions under the CCS Act applied only in cases where a child is “employed” in work that may jeopardize the well-being of the child and which may be prohibited or limited by the Chief Executive Officer by issuing notice to the child’s parents. The Committee also noted the Government’s indication that the Department of Child Protection had not received any reports since 2010 concerning the employment of children for the production and trafficking of drugs.

The Committee notes the Government’s information that, according to section 33(3) of the Misuse of Drugs Act 1981, a person who incites another person to commit, or becomes an accessory after the fact to, an offence under this Act commits the offence itself and is liable to imprisonment for a term up to 14 years. The Government also indicates that where it is determined that a child is being employed (used or engaged in any arrangement) in illicit activities, the Department for Child Protection and Family Support will refer the situation to the police. The Department will also undertake a child protection assessment to determine the safety and well-being of the child, and take further action as necessary.

Northern Territory. In its previous comments, the Committee noted the Government’s information that the Department of Justice would develop a proposal to the Minister of Justice and Attorney-General, for considering a provision being inserted to the Criminal Code Act prohibiting the use, procuring or offering of a child for the purpose of illicit activities.

The Committee notes the Government’s information that there are no changes made in this regard. The Committee therefore urges the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs in the Northern Territory, and to provide information on any progress made in this regard.

Article 3(d). Hazardous work. Provincial legislation. Queensland. The Committee previously noted that the Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999 prohibit children under the age of 16 years from working underground. The Government stated that section 42 of the Coal Mining Safety and Health Act 1999 and section 39 of the Mining and Quarrying Safety and Health Act 1999, ensure the safety and health of all workers permitted to work in mines, irrespective of age. The Committee also noted that, although the Government of Queensland adopted the Work Health and Safety Act 2011 and its regulations prohibiting the work of persons under 18 years in high-risk works as listed in schedule 3 of the regulations, this list does not include work in underground mines.

The Committee notes the Government’s indication that appropriate protection is afforded to all workers in the mining industry, including children between the ages of 16 and 18 years, through the Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999, as well as complementary regulations that control mining and quarrying industry hazards. Pursuant to sections 83–85 of the Coal Mining Safety and Health Regulations 2001, no one shall carry out tasks at the mine unless the person has completed induction training and been assessed as competent, for which the site senior executive is responsible. Similarly, sections 91 and 93 of the Mining and Quarrying Safety and Health Regulation 2001 require a site senior executive to ensure each worker at a mine is trained, including undertaking appropriate induction training and other necessary trainings, and that workers are periodically assessed to ensure that the worker has adequate knowledge and understanding of the processes to be carried out and has the skills to carry out processes.

The Committee also notes that, according to the Queensland Mines and Quarries Safety Performance and Health Report (2016–17), there are around 47,000 workers engaged in the industry in 2016–17 (page 13), while the number of serious accidents in Queensland overall increased from 60 in 2014–15 to 75 in 2016–17 (page 16). The Committee requests the Government to provide information on the number of children between 16 and 18 years of age working in underground mines and quarries, and the number of them who have encountered occupational accidents or diseases.