Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s information that, according to sections 271.4 and 271.7 of the Commonwealth Criminal Code Act of 1995 (Criminal Code of 1995), as amended by the Criminal Code Amendment (Trafficking in Persons Offences) Act of 2005, a person who organizes or facilitates the transportation of a child under the age of 18 years into, or outside, Australia, as well as internal transportation for labour and sexual purposes shall be punished.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and force or compulsory labour. The Committee notes that the Criminal Code of 1995 criminalizes the offences related to slavery (section 270.3), and debt bondage (section 271.8). Section 271.8 of the Criminal Code of 1995 defines an offence of debt bondage and section 271.9 provides for aggravated offence when the victim is under the age of 18 years.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the information in the Government’s report that section 268 of the Commonwealth Criminal Code Act of 1995 was amended so as to include criminal penalties for those individuals who use, conscript or enlist children in either international or national armed conflicts. The Committee notes that, according to the Commonwealth Criminal Code Act of 1995, it is an offence to use, conscript or enlist a child under the age of 15 years in the national armed forces (sections 268.68(1)–(3)) whereas in other armed forces it is an offence if the person is under the age of 18 years (sections 268.68(4)–(6)). The Committee notes the Government’s statement that the minimum age for recruitment into the Australian Defence Force (ADF) is 17 years although the applicants must be at least 16 years and 6 months to apply to join the ADF. In addition, children under 18 years of age must have the written consent of their parent or guardian to join the ADF, prior to their enlistment or appointment. The Committee notes the Government’s statement that, though the Defence Force Ombudsman, in 2005 recommended to consider raising the enlistment age to 18 years, it was not accepted. The Defence argued that any move to increase the enlistment age to 18 years would severely affect the quality and quantity of recruits, particularly from those states and territories where students finish school at 17 years. The Defence believed that the Australian Defence Force Academy provided a reasonable framework for the transition from adolescence to adulthood and therefore wanted to maintain the recruitment age of 17 years. The Committee further notes the Government’s statement that the Defence has established a policy on the management and administration of under-age personnel serving in the ADF, such as: all feasible measures to ensure that under-age personnel do not participate in hostilities or be deployed in areas of operations where there is likelihood of hostile action; and to remove under-age personnel from the area of hostility to a safe area. The Committee notes that these measures apply to minors from the time they are enlisted until they are either discharged from the ADF, or reach 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. 
1. Commonwealth (federal legislation). The Committee notes that, by virtue of section 270.6 of the Commonwealth Criminal Code Act of 1995, sexual services offences apply to persons who cause another person to enter into or remain in sexual servitude or conduct a business that involves the sexual servitude of other persons. “Sexual servitude” as defined under section 270.4 is the condition of a person who provides sexual services, and who, because of the use of force or threat is not free to cease providing sexual services or to leave from the place or area where sexual services is provided. It also notes that section 270.7 of the Criminal Code of 1995 further provides penalties for the offences related to “deceptive recruiting for sexual services”, which covers the recruitment by deceit, of another person with the intention of inducing that person to engage in sexual services. According to section 270.8 of the Criminal Code of 1995, sexual servitude and deceptive recruiting offences, if committed against a person under the age of 18 years, amounts to an aggravated offence, for which a higher penalty applies. The Committee notes, however, that the offences of sexual servitude and deceptive recruiting require the involvement of force or threat and there seems to be no prohibition of “using” a child under the age of 18 years for prostitution where there is consent. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use of a child under 18 years of age for prostitution is considered to be one of the worst forms of child labour and therefore shall be prohibited. The Committee therefore requests the Government to take the necessary measures to prohibit and criminalize the use of a child under 18 years of age for prostitution.

The Committee notes the Government’s statement that the Criminal Code of 1995 (Division 474), as amended in 2005 prohibits the use of a “carriage service” (telecommunication means such as the Internet or a mobile phone) to access, transmit, make available or distribute child pornography or child abuse material. According to section 473.1 of the Criminal Code of 1995, “child abuse material” means material that depicts a person under the age of 18 years, and “child pornography material” means a material that depicts a person under the age of 18 years as engaged in a sexual pose of activity. The Committee requests the Government to indicate any Commonwealth legislation that prohibits the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances where the pornographic material or its dissemination does not involve any carriage services (telecommunication services).

2. Provincial legislation. New South Wales. Under section 91D of the Crimes Act 1900, any person who, by any means, causes or induces a child under the age of 18 years to participate in an act of child prostitution, or participates as a client with a child in an act of child prostitution shall be punished. Section 91E of the Crimes Act 1900 further prohibits obtaining a benefit from child prostitution and section 91F prohibits the use of premises for child prostitution. The Committee also notes that by virtue of sections 91G and 91H of the Crimes Act 1900, any person who use, causes or procures a child for pornographic performances, and any person who is involved in the production, dissemination or possession of child pornography shall be punished. It notes that a “child”, according to section 91FA of the Crimes act 1900 means a person under the age of 16 years.

Victoria. The Committee notes that the Crimes Act of 1958 provides for penalties for several offences related to the sexual exploitation of children under 16 years. These offences include: act of sexual penetration with a child of 16 years (section 45); persistent sexual abuse of a child under the age of 16 years (section 47A); act of sexual penetration and commission of an indecent act with a child under 17 years to whom the child is not married (sections 47 and 48); inducing or permitting a child under the age of 17 years to enter or remain in premises for the purpose of taking part in an unlawful sexual penetration (section 54). It also notes that sections 68 and 70 of the Crimes Act prohibit the production and possession of child pornography and section 69 prohibits the use or procurement of a minor for child pornography. Child pornography, according to section 67A of the Crimes Act means a film, photograph, publication or computer game that describes or depicts a minor under the age of 18 years engaging in sexual activity or in an indecent manner.

Queensland. The Committee notes that according to the Criminal Code Act of 1899 any person who procures another person to engage in prostitution (section 229G) or who knowingly participates, directly or indirectly, in the provision of prostitution by others (section 229H) shall be punished. Subsection (2) of sections 229G and 229H provides that the above offences if committed against a person who is not an adult, shall be punishable with higher penalties. The Committee further notes that section 210(1)(f) of the Criminal Code Act of 1899 prohibits the indecent treatment of a child under 16 years (which includes any indecent photograph or record or indecent visual image of a child); procuring a child to commit an indecent act (section 210(1)(b)) and exposing a child to an indecent act (section 210(1)(d)). Other offences relating to the use of a child in the production of child exploitation material, its possession and distribution would be prosecuted according to sections 228A–D of the Criminal Code Act. It notes that “child exploitation material” refers to any material which describes or depicts a child under 16 years in a sexual context.

Western Australia. According to sections 14 and 15 of the Prostitution Act of 2000, it is illegal for a child under 18 years of age to act as a prostitute or receive services from a prostitute. The Act further criminalizes any person who: causes, seeks or induces a child under the age of 18 years to act as a prostitute (section 16); receives payment from the prostitution of a child (section 17); enters or offers to enter into an agreement under which a child is to act as a prostitute (section 18). With regard to child pornography, the Committee notes the Government’s statement that section 60 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996 prohibits any person to produce, sell, supply, publish or exhibit child pornography which depicts a child under the age of 16 years. It further notes that section 192 of the Children and Community Services Act of 2004 prohibits the employment of children under the age of 18 years in an “indecent, obscene or pornographic manner” which includes situations where the child may be engaged in or subjected to activities of a sexual nature or posing in a manner so as to emphasize sexual organs.

South Australia. By virtue of section 68 of the Criminal Law Consolidation Act of 1935, a person must not employ, engage, cause, permit or ask a child under the age of 18 years to provide, or to continue to provide, commercial sexual services. Subsection (3) of section 68 further penalizes any person who receives money out of the prostitution of a child. Under sections 63 and 63A of the Criminal Law Consolidation Act of 1935, the production, dissemination and possession of child pornography is prohibited. Section 63B further makes it an offence to incite or procure a child for the commission of an indecent act which includes exposing any part of the body or making a photograph, image or other record of a child engaged in sexual act. A “child” according to section 62 of the Criminal Law Consolidation Act of 1935 refers to a person under the age of 16 years.

Tasmania. The Committee notes that the Criminal Code Act of 1924 provides for penalties for several offences related to the sexual exploitation of young persons under 17 years. The offences include: committing unlawful sexual intercourse with young persons (section 124); occupier or owner inducing or knowingly permitting unlawful sexual intercourse with a young person within his premises (section 125); maintaining a sexual relationship with young persons (section 125A); procuring young persons for sexual intercourse or an indecent act (section 125C); and making communications with intent to procure a young person for unlawful sexual act. The Criminal Code Act of 1924 further covers the following offences related to child pornography: involving persons under 18 years of age in the production of child exploitation material (section 130); and producing, distributing, possessing and assessing child exploitation material (sections 130A–D).

Northern Territory. The Committee notes that, pursuant to the provisions of the Prostitution Regulation Act of 2004, it is an offence for a person to: cause or induce an infant to take part, or to continue to take part in prostitution services (section 13); allow an infant to take part in prostitution services (section 14); receive payment in respect of prostitution services provided by an infant (section 15); or enter into an agreement under which an infant is to provide prostitution services (section 16). The Committee notes the Government’s statement that “an infant” as used in the Prostitution Regulation refers to persons under the age of 18 years by virtue of Interpretation Act (NT). The Committee also notes that, according to section 125E of the Criminal Code, a person who uses, offers or procures a child or who appears to be a child for the production of child abuse material or for a pornographic or abusive performance is guilty of a crime. Section 125B further prohibits the production, possession, distribution and sale of child abuse material.

Australian Capital Territory. The Committee notes that the Prostitution Act 1992 makes it an offence to cause, permit, offer or procure a child under the age of 18 years to provide commercial sexual services. The Committee also notes the Government’s statement that, according to section 64 of the Crimes Act, it is an offence to use, offer or procure a child under the age of 18 years for the production of child pornography or pornographic performance.

The Committee observes that the provisions in Western Australia, the Northern Territory and the Australian Capital Territory establish a prohibition on the use, procuring or offering of a child under the age of 18 years for child prostitution, child pornography or for pornographic performances. While the use, procuring or offering of a child under the age of 18 years for prostitution is prohibited in New South Wales, Queensland and South Australia, the prohibition on the use, procuring or offering of a child for the production of pornography and for pornographic performances applies only to children under the age of 16 years. Similarly in Victoria and Tasmania, while the use of a child under 18 years of age for child pornography and for pornographic performances is prohibited, the prohibition on child prostitution covers only children under the age of 16 years. The Committee reminds the Government that in accordance with Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution, production of pornography and for pornographic performances constitutes one of the worst forms of child labour and is therefore prohibited for children under the age of 18 years. The Committee therefore requests the Government to take the necessary measures to prohibit the use, procuring or offering of children under the age of 18 years for prostitution, for the production of pornography or for pornographic performances in all the States.

Clause (c). Use, procuring or offering of a child for illicit activities.
1. Commonwealth. The Committee notes the Government’s statement that section 309 of the Criminal Code Act of 1995 addresses drug offences involving children. Sections 309.2 to 309.10 include a number of offences, all carrying severe penalties for persons who use or procure children under the age of 18 years for the purpose of selling, manufacturing, supplying, possessing or trafficking a controlled drug.

2. Provincial legislation. New South Wales. According to the Criminal Code of New South Wales, sections 23A, 24, 25(2C) and 25(2D) of the Drugs Misuse and Trafficking Act of 1985 criminalizes any person who procures a child under the age of 16 years for the manufacture, production, or supply of prohibited drugs. Section 27 further makes it an offence to aid, abet, counsel, procure or incite a person in the commission of the offences related to prohibited drugs. It also notes that section 351A of the Crimes Act 1900 states that recruiting a child under the age of 18 years to carry out or assist in the carrying out of a criminal activity is an offence. The Committee requests the Government to indicate whether the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs, constitutes a crime pursuant to section 351A of the Crimes Act.

Queensland, Western Australia, South Australia and the Northern Territory. The Committee notes that, as per the information provided by the Government, the states of Queensland, Western Australia, South Australia and the Northern Territory have provisions prohibiting the production, manufacture and supply of drugs or controlled substances under the Drugs Misuse Act 1986, Misuse of Drugs Act 1981, Controlled Substances Act 1984 and Misuse of Drugs Act, respectively. Furthermore in Queensland, the Criminal Code makes it an offence to procure, aid, enable or counsel a person to commit an offence. The Committee observes that, apart from Queensland, the legislation respecting the illicit trafficking of drugs in the above states does not specifically prohibit the use, procuring or offering of a child under 18 years for the purpose of illicit activities. The Committee therefore requests 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 Western Australia, South Australia and the Northern Territory.

Victoria and Tasmania. The Committee observes that there appears to be no legislation that specifically addresses the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Australian Capital Territory. The Committee notes the Government’s statement that section 624 of the Criminal Code of 2002 makes it an offence to procure a person under the age of 18 years to traffic in a commercial quantity of a controlled drug.

Article 3, clause (d), and Article 4, paragraph 1. Prohibition and determination of hazardous work. 1. Provincial legislation. New South Wales. The Committee notes that, according to section 222 of the Children and Young Persons (Care and Protection) Act of 1998 (Care and Protection Act), any person who causes or allows a child to take part in any employment during the course of which the child’s physical or emotional well-being is put at risk is guilty of an offence. The Committee notes that the definition of a “child” as per section 221 means a person under the age of 15 years (or under 16 for modelling), and “employment” means any paid employment or employment for which other material benefit is provided. Section 223 specifies certain types of child employment (mainly in the entertainment industry) that may be undertaken by authorized employers. A code of practice contained in the Child Employment Regulation sets out the conditions precedent to the granting of authority to the employer and regulates the working hours and conditions of such child employment. The Committee further notes the Government’s statement that the general statutory protection which extends to all employees under the Occupational Health and Safety Act 2000 also applies to children. The Committee observes, however, that section 222 as mentioned above establishes the age of admission to hazardous work at 15 years, and that it covers only paid employment. The Committee reminds the Government that according to Article 3(d) of the Convention, work, which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18 years of age is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, a government which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that any work, whether paid or unpaid, that is likely to harm the health, safety and morals of persons under 18 years of age is prohibited.

Queensland. The Committee notes the Government’s statement that the Child Employment Act 2006 and supporting Regulation 2006 were designed to ensure that the work children perform (defined as persons under the age of 18 years) is not harmful to their health, safety or their physical, mental, moral or social development by imposing restrictions upon all types of work. The Committee notes that, according to section 9 of the Child Employment Act, a child may not be permitted to carry out work not permitted by the Regulation; or if the child has not reached the appropriate age prescribed by the Regulation for that work; or without appropriate supervision. It also notes that section 8 of the Child Employment Regulation requires the employer to take reasonable steps to ensure that the child, while at work, is not subjected to deliberate or unnecessary social isolation or any other behaviour that is likely to intimidate, threaten, frighten or humiliate the child. The Committee further notes the Government’s statement that, according to section 13 of the Child Employment Act, the Chief Executive Officer of the Department of Employment and Industrial relations may prohibit a child from doing a particular work or limit the work the child may do through the issue of a work limitation notice. The Committee also notes the Government’s statement that the Child Protection Act 1999 enables the removal of a child under 18 years from a situation of “harm” which means any detrimental effect of a significant nature on the child’s physical, psychological or emotional well-being. It further notes the Government’s statement 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 to work underground. Finally, the Committee notes the Government’s information that the Workplace Health and Safety Queensland publication entitled Children and Young People at Workplaces Guide, developed after consultations with the representative of workers’ and employers’ organizations identified the following types of work as being of particular risk to young workers:

–      physical work, activity-manual handling, repetitive work, vibration, noise, extreme temperature, sunburn and chemicals and other substances;

–      operating machinery-industrial equipment and machinery, vehicles including off-road vehicles, tractors and motorbikes;

–      other work situations – workplace violence, bullying, unpopular work and paced work.

The Committee asks the Government to indicate the specific measures taken to ensure that the employment of young persons aged between 16 and 18 years in underground work is not likely to jeopardize their health or safety. The Committee further asks the Government to indicate whether the Chief Executive Officer has prohibited any particular work by children pursuant to section 13 of the Child Employment Act of 2006.

Western Australia. The Committee notes the Government’s statement that the Mines Safety and Inspection Regulations 1995, under section 10(4), prohibit the employment of children under 18 years at an underground mine. Section 190 of the Children and Community Services Act 2004 sets out the conditions under which children under 15 years may be employed. According to section 193 of the Children and Community Services Act, the Chief Executive Officer (CEO) may issue a notice prohibiting or limiting the employment of a child under 18 years of age, if the CEO is of the opinion that the well-being of the child is likely to be jeopardized due to the employment or due to the nature and extent of the work that the child is carrying out. The Committee observes, however, that there appears to be no provision that prohibits the employment of children under 18 years in hazardous work. The Committee notes the Government’s indication that, according to the Schools Education Act 1999, it is compulsory for all children aged 6–17 years to attend school, failing which the parents will be liable for penalty. The Committee also notes the Government’s statement that the Occupational Safety and Health Act 1984 requires employers to provide and maintain a working environment where their employees are not exposed to hazards and ensure safety of their employees at the workplace. The Government further states that, while child employment does exist in Western Australia, the worst forms of child employment are non-existent. The Committee requests the Government to indicate the manner in which it is ensured that children between the ages of 17 and 18 years do not perform work which is harmful to their health, safety or morals.

South Australia. The Committee notes that there is no legislative prohibition for hazardous work by children under 18 years of age. It notes the Government’s reference to the general occupational health and safety rules and obligations laid down in the Occupational, Health, Safety and Welfare Act of 1986 and the Occupational Health, Safety and Welfare Regulations 1995. The Committee notes the Government’s statement that it intends to enact new legislation to improve protection for children under the age of 18 years in the workplace. The Committee hopes that the Government will take the necessary measures to prohibit the employment of children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals, in conformity with the Convention.

Tasmania. The Committee notes that the existing legislation does not contain any provisions prohibiting children under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age do not carry out work which is likely to harm their health, safety or morals.

Northern Territory. The Committee notes that, according to sections 92
and 93 of the Community Welfare Act, it is prohibited to employ children under the age of 15 years in work which is dangerous to their health and safety, as well as night work between the hours of 10 p.m. and 6 a.m. The Committee notes the Government’s statement that it is in the process of enacting a new law “The Care and Protection of Children Act” which will replace the Community Welfare Act. The Committee notes that, according to section 203(1) of the Care and Protection of Children Act, an employer who employs a child under the age of 15 years at any time after 10 p.m. and before 6 a.m. shall be punished. Section 203(2) further provides for penalties to any employer who employs a child in work that is harmful or likely to be harmful to their physical, mental or emotional well-being. The Committee notes the Government’s information that a “child” according to section 13 of the Care and Protection of Children Act refers to persons under the age of 18 years. The Committee hopes that the Government will take the necessary measures to enact the Care and Protection of Children Act, as a matter of urgency. It requests the Government to provide information on progress made in this regard.

Australian Capital Territory. The Committee notes that section 781 of the Children and Young People Act 2008 prohibits the employment of a person under the age of 18 years if that work is likely to harm their health, safety, personal or social development.

Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. The Committee notes that none of the provincial legislations, except the Children and Young People at Workplaces Guide of Queensland, provide for a list of types of hazardous work that shall not be performed by children under 18 years of age. The Committee reminds the Government that, in accordance with Article 4(1) of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which enumerates activities to which the Government should give special consideration when determining types of hazardous work. The Committee requests the Government to provide information on the measures taken or envisaged to determine the types of work considered as hazardous, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. Interdepartmental committee on human trafficking. The Committee notes the Government’s statement that an interdepartmental committee (IDC) to discuss key issues and developments on human trafficking has been established. The IDC consists of members from the Australian Crime Commissions, the Australian Institute of Criminology, the Australian Federal Police, the Australian Agency for International Development, the Commonwealth Director of Public Prosecutions, the Department of Foreign Affairs and the Department of the Prime Minister and the Cabinet. The Committee notes the Government’s statement that, as per the investigations conducted by the law enforcement agencies, including the Australian Crime Commissions, from 2004 to July 2008, 107 victims of trafficking have been identified. It further notes the Government’s statement that an evaluation of the operation of the IDC is under way. The Committee requests the Government to provide information on the impact of the activities of the Interdepartmental Committee in combating the offences related to trafficking in children. It also requests the Government to indicate how many among the 107 victims identified from 2004 to 2008 were children under the age of 18 years.

2. Labour inspectorate. The Committee notes the Government’s detailed information with regard to the mechanisms in place in the states and territories, for the enforcement of their laws and regulations. It notes, in particular the information provided by the Government on the state monitoring mechanisms such as the Queensland Commission for Children and Young People and Guardian (CCYPG), industrial inspectors in Western Australia, and the Industrial Relations Court and Industrial Relations Commission of South Australia. With regard to Tasmania and the Northern Territory, the Government states that the police and labour inspectorate monitor the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. Strategy to combat trafficking in persons. The Committee notes the Government’s statement that it has introduced a Strategy to Combat Trafficking in Persons in 2003 and since then there have been no identified cases of trafficking in children. It notes that the strategy addresses the full trafficking cycle, from recruitment to reintegration, and areas of prevention, detection, investigation, prosecution and victim support. The Committee also notes the Government’s statement that, in 2007, further funding was allocated to continue the existing measures as well as to introduce new measures such as: further support of trafficking prosecutions and training for prosecutors in trafficking matters; victim support programme to support victim witnesses returning to Australia to assist with prosecutions; additional two senior migration compliance positions opened in Manila and Beijing; and research into trafficking trends in the country, including labour trafficking.

Article 7, paragraph 1. Penalties. The Committee notes that the Commonwealth Criminal Code of 1995 imposes penalties of imprisonment for the following offences: (i) trafficking in children (section 271.4); (ii) slavery (section 270.3); (iii) aggravated debt bondage (section 271.9); (iv) conscription of under‑18s into the armed force (section 268.68); (v) using a carriage service for child pornography (section 474.19); and (vi) procuring children for trafficking of controlled drugs (section 309.7).

The Committee also notes that the provincial and territorial legislation establishes sufficiently effective and dissuasive penalties of imprisonment for the breach of the provisions of the Convention. The Committee notes that the offences related to promoting, engaging, using, causing or inducing child prostitution carry penalties of imprisonment in the different states and territories pursuant to the following provisions: section 91D of the Crimes Act of New South Wales; section 45 of the Crimes Act of Victoria; section 229G of the Queensland Criminal Code: section 16 of the Prostitution Act of Western Australia; section 68 of the Criminal Law of South Australia; section 13 of the Prostitution Regulation Act of the Northern Territory; and under section 20 of the Prostitution Act of Australian Capital Territory.

The Committee further notes that, under the provincial and territorial laws, the production, dissemination and possession of child pornography or child exploitation material, using, procuring or involving a child for the production of child pornography, child exploitation material or for the purposes of committing an indecent act or pornographic performances are punishable pursuant to the following provisions: sections 91G and 91H of the Crimes Act of New South Wales; sections 68, 69 and 70 of the Crimes Act of Victoria; sections 228A–228D of the Criminal Code of Queensland; section 192 of the Children and Community Services Act of Western Australia; sections 63, 63A and 63B of the Criminal Law Consolidation act of South Australia; and under section 125E of the Criminal Code of Northern Territory.

In addition, the Committee notes that the legislation of the provinces and territories provide for penalties in case of violations of the provisions related to employment of a child in hazardous work. The penalties range from 100 penalty units to $24,000 or imprisonment for 12 months for the various offences related to the employment of children from 15 to 18 years. The Committee finally notes the information provided by the Government on the number of criminal prosecutions instituted in cases related to various offences under Article 3(a)–(d) of the Convention. It notes that in the Commonwealth, 245 prosecutions were instituted against child sex-related carriage service offences, out of which, for 68 cases, sentences (with bonds attached) were imposed; in three cases periodic detention, and in eight cases pecuniary penalties were imposed. For the offences related to serious drug offences involving children, two prosecutions were instituted, neither of which resulted in proven offences. In the fast food outlets in Western Australia, during the period from November 2006 to March 2008 a total of 20 child labour cases were prosecuted and penalties ranging from $25,000 to $50,000 were imposed. The Committee requests the Government to continue to provide information on the application of the penalties in practice in all the states and territories for the offences under Article 3(a)–(d) of the Convention.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking. The Committee notes the detailed information provided by the Government on various measures relating to the protection and assistance to victims of trafficking. It notes that the Support for Victims of People Trafficking Programme which was established in 2004 aims to support victims trafficked into Australia for the sex industry or for labour servitude. The Committee notes the Government’s statement that, to date, all the victims so far assisted under this programme were adults, 75 per cent of whom were Thai nationals. It further notes that the visa framework programme, which was started in January 2004 within the framework of the victim support programme was designed to support victims of trafficking. This programme which applies to all suspected victims of trafficking comprises Bridging F visa, the Criminal Justice stay visa and Witness Protection visas. The Committee further notes the Government’s statement that, between January 2004 and 31 March 2008, 85 people were granted Bridging F visas, 15 persons were granted Witness Protection (Trafficking) visas, and 52 Criminal Justice Stay visas were issued in relation to trafficking matters. The Committee requests the Government to indicate whether any children under the age of 18 years were assisted and supported within the framework of the Support for Victims of People Trafficking Programme after 31 March 2008.

2. Humanitarian assistance to child soldiers migrating to Australia. The Committee notes the Government’s statement that the Department of Immigration and Citizenship have introduced measures to assist children who suffered from the worst forms of child labour, in particular child soldiers outside the country who migrated to Australia. It notes the Government’s statement that Australia recognizes the special vulnerability of children in humanitarian need, including recognized refugees, asylum seekers and internally displaced minors and their need for durable solutions. The Committee further notes the Government’s information that during the period between 2006 and 2007, Australia granted humanitarian visas to more than 5,700 children under the age of 18 years under the humanitarian programme of which more than 2,800 were females.

Article 8. International cooperation and assistance. The Committee notes the Government’s statement that Australia is a party to the Asia Regional Trafficking in Persons Project (ARTIP) with other partner countries such as Thailand, Lao Peoples’ Democratic Republic, Cambodia, Burma and Indonesia. The ARTIP which commenced in August 2006 aims to promote a more effective and coordinated approach to dealing with human trafficking by criminal justice systems of governments in the Asia–Pacific region. Australia further contributed funds to the IOM Return and Reintegration of Trafficking Women and Children Project and the Regional Pilot Project for Returning Victims of Trafficking from Australia to Thailand. The Committee further notes the Government’s information that, through the Australian Agency for International Development, Australia takes an active approach in the international development cooperation programme to mitigate the impact of conflict on children in Asia and the Pacific, including countering the problem of child soldiers. These efforts include: demobilization and reintegration of ex-combatants, including child soldiers, into productive civilian life in Sri Lanka and Bougainville; reform and capacity building of police, judicial and penal systems in East Timor, Fiji, Tonga, Samoa, Soloman Islands, Cambodia and Papua New Guinea; and the release and reintegration of former child soldiers associated with the armed groups in Nepal. In addition, the Australian Government is providing financial assistance to UNICEF and the UN Special Representative for Children and Armed Conflict to undertake a ten-year strategic review to assess the progress of existing strategies to prevent the recruitment of child soldiers, increase prosecutions and enhance the psychological well-being and education of children affected by conflict.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the Government’s reference to the report on Children at Work, 2005 published by the New South Wales Commission for Children and Young People. This study which covered about 11,000 children from year seven to year ten in 22 schools across New South Wales revealed that over 56 per cent of the children worked in the previous 12 months, which roughly equates to over 240,000 children between 12 and 16 years in the whole of New South Wales. These children were mainly found involved in agriculture, manufacturing and service industries and were exposed to a number of hazards and sustained a significant number of workplace injuries. The Committee requests the Government to provide information on the worst forms of child labour in the other states and territories, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.