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

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. Provincial legislation. Victoria. In reply to its previous comments concerning prohibiting children under the age of 18 years from engaging in work that are likely to be harmful to their health, safety and morals, the Government states that specified legislation and related policies and practices prohibit children under 18 years from undertaking hazardous work. The Government indicates that this is achieved through the combined application of Victorian legislation including the Child Employment Act, Fisheries Act, Road Safety Act, Building Act, Occupational Health and Safety (OHS) Act and Regulations, Gambling Regulation Act 2003, and Liquor Control Act of 1998. The Committee accordingly notes that while persons under 18 years of age are prohibited from performing certain work under the Liquor Control Reform Act and Gambling Regulation Act, the Road Safety Act prohibits children under 16 years from engaging in any employment which requires driving a motor vehicle. The Building Act and the Fisheries Act does not explicitly require the attainment of a particular age for performing any work under these Acts. With regard to the agricultural sector which is regulated by WorkSafe Victoria, children under 16 years are prohibited from using quad bikes and to drive a tractor while the Chemical users’ permit shall be granted to children under 18 years for a limited range of chemicals. The OHS Regulations prohibits persons under the age of 18 years from performing hazardous and high risk works such as scaffolding and rigging, crane, hoist, forklift and pressure equipment operation while handling of hazardous chemicals are prohibited to persons under 16 years. The Committee further notes the Government’s indication that the OHS Act requires employers to provide safe workplace for all employees irrespective of age.

Queensland. Following its previous comments concerning information on the number of children between 16 and 18 years who are working in underground mines and quarries, the Government indicates that the Resources Safety and Health Queensland (RSHQ) collect data concerning the ages of workers involved in events that cause, or have the potential to cause, a significant adverse effect on the safety or health of a person. The Committee notes the Government’s statement that this data which is categorized based on the hazards identified, type of incident, major equipment and worksite location does not show any high-potential incidents relating to workers aged between 16 and 18 years.