Minimum Age (Fishermen) Convention, 1959 (No. 112) - Australia (Ratification: 1971)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee welcomes the information provided by the Government in its report that, on 13 June 2023, Australia ratified the Minimum Age Convention, 1973 (No. 138) and specified a minimum age of 15 years. The Committee notes that, based on Article 10(4)(e) of Convention No. 138, Convention No. 112 will be denounced ipso jure by Australia. The Committee takes note of this information.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2 of the Convention. Minimum Age. Commonwealth. The Committee notes the information provided by the Government in its report that Marine Order 51 and Marine Order 505, which were made under the Navigation Act 2012 and the National Law, are legislative instruments and set out minimum age requirements for qualifications of fishers. The Committee takes note of this information.

South Australia. In its previous comment, the Committee had requested the Government to provide further information on the exemptions granted by the Minister pursuant to section 81A of the Education Act 1972 to employ a child of compulsory school age. The Committee notes the Government’s indication that while it cannot provide detailed information in this regard, it considers that there is little opportunity for the Convention to be breached in practice, given that a child is of compulsory school age until the age of 16 years, and that, according to section 78 of the Education Act 1972, employers are prohibited from employing a child of compulsory school age during school time or in any labour or occupation that renders, or is likely to render, the child unfit to attend school. However, the Government recognizes that there is no law, other than section 78 of the Education Act 1972, which prohibits children under the age of 15 years from working out of school or during their school holidays. The Committee therefore requests the Government to indicate any measure taken to comply with the general prohibition against the employment of children under the age of 15 years on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)-(3) and 4 of the Convention.

Queensland. The Committee had requested the Government to bring the Education (General Provisions) Act 2006 and the Child Employment Act 2006 into conformity with the Convention by including a general prohibition against the employment of children under the age of 15 years on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention. The Government did not provide a specific reply on this point. The Committee has noted that section 4 of the Child Employment Regulation 2006 sets the minimum age for all types of work to 13 years, except for supervised delivery work, which is 11 years. In light of the above, the Committee requests the Government to indicate the measures taken or envisaged to bring the legislation into conformity with this requirement of the Convention.

Western Australia. The Committee had requested the Government to include in its legislation a general prohibition against the employment of children under the age of 15 years on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention. The Committee notes the Government’s indication that the Department for Child Protection and Family Support is considering, as part of a 2017 statutory review of the Children and Community Services Act 2004, the possibility of including such a prohibition. The Committee notes that while the Children and Community Services Act 2004 sets in its Part 7 restrictions on the employment of children under the age of 15 years, it contains exceptions in relation, among others, to a family business. In this regard, the Committee recalls that Articles 2(2)–(3) and 4 of the Convention provide for limited exceptions that do not include the work performed within a family business. In light of the 2017 statutory review, the Committee requests the Government to indicate the specific measures taken or envisaged to bring the legislation into full conformity with the requirements of the Convention.

New South Wales. The Committee had requested the Government to include in its legislation a general prohibition against the employment of children under the age of 15 years on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention. The Committee notes the Government’s indication that the Children and Young Persons (Care and Protection) Act cannot set a minimum age for fishers, since it regulates children’s employment in a restricted range of industries, which does not include fishing. The Government further indicates that in practice minimum age is complied with thanks to the work of the Australian Maritime Safety Authority (which would refuse applicants for certificates of competencies who do not meet the minimum age), the Roads and Maritime Services (which check the ages of all certificate holders) and regular compliance activity combined with the application of penalty provisions. In this regard, the Government informs that in 2014–15 only one offence relating to operating without the required certificate of competency was reported. In light of the above, the Committee requests the Government to adopt the necessary measures to ensure full compliance with the requirements of the Convention.

Northern Territory. The Committee had requested the Government to include in its legislation a general prohibition against the employment of children under the age of 15 years on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention. The Committee notes the Government’s indication that there are no current plans to amend the Care and Protection of Children Act to provide more specific protections in the area of employment of children under 15 years on board fishing vessels. The Government further states that the Department of Children and Families is unaware of any issues arising in relation to this area. In light of the above, the Committee requests the Government to adopt the necessary measures to ensure full compliance with the requirements of the Convention.

Tasmania. The Committee had requested the Government to provide more information on the exemptions granted by the Secretary of the Education Department pursuant to the Education Act 1994 to school-aged children from compulsory schooling to authorize them to work. The Government replied that no further information on exemptions is available. The Government further indicates that the Education Act 1994, together with the Youth Participation in Education and Training (Guaranteeing Futures) Act 2005, have been repealed by Schedule 6 to the Education Act 2016. Accordingly, the Committee requests the Government to indicate the relevant provisions of the Education Act 2016 which ensure compliance with the Convention and whether a general prohibition against the employment of children under the age of 15 on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention has been included in the current legislation. Furthermore, the Committee requests the Government to indicate whether the exemptions that can be granted pursuant to sections 13 and 247 of the Education Act 2016 by the Minister or by the Secretary of the Education Department, respectively, are issued in compliance with the Convention.

Moreover, the Committee understands that, for persons employed in commercial fishing, a minimum age is imposed through the Marine Safety (Domestic Commercial Vessel) National Law 2012, which regulates all domestic commercial vessels, including fishing vessels. In particular, the National Standard for Commercial Vessels (NSCV) Part D requires (including for “General Purpose Hand”, among others) that the minimum age of an applicant must be at least 16 years when the certificate of crew competency is issued, according to its chapter 2, clause 2.1(1)(a). The Committee takes note of this information.

Norfolk Island. The Committee had noted that section 24 of the Employment Act 1988 is not consistent with the Convention as it allows the employment, including as apprentice, of children under the age of 15 years under the conditions that go beyond the limited exceptions set out in Articles 2(2) and 4 of the Convention. The Committee notes the Government’s indication that the legislation and administrative regulations largely remained the same and that there is currently no commercial fishing activity in the Norfolk Island, except for limited island-based restaurant and café, take away fish catch suppliers who are highly dependent on favourable weather conditions. According to the Government, the only legislation controlling the minimum age of fishers is the Employment Act 1988. The Committee has noted that several provisions of this Act have been amended and this is reflected in the Norfolk Island Continued Laws Ordinance 2015 (Cth), but the relevant provision for the Convention, i.e. section 24 of the Act, remains unchanged. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure full compliance with the Convention.

Article 4. Exemptions for work on school-ships. Queensland. The Committee had requested the Government to explain how compliance is ensured with the requirements of the Convention under the Vocational Education, Training and Employment Act 2000 (VETA), which allows students and young persons of less than 15 years of age to take part in a range of employment types. The Committee notes the Government’s indication that: (1) the Further Education and Training Act (FETA) 2014 repealed the VETA; (2) the FETA does not contain provisions for the regulation of vocational placements, as the power in relation to this issue was referred to the Commonwealth; (3) apprenticeships and traineeships can be declared under the FETA, and can only be established under contracts which, according to its section 15(3), must also include the signed consent of a parent, if the apprentice or trainee is under 18 years of age; and (4) should there be any change to regulatory requirements for the employment of persons under 15 years on fishing vessels, an apprenticeships or traineeship declaration can be adjusted to reflect the new requirements. Recalling that Article 4 of the Convention allows exemptions to the rule on the minimum age only for work by children on board school-ships, provided that such work is approved and supervised by the competent authority, the Committee requests the Government to clarify how compliance is ensured with this requirement of the Convention and indicate the indicate any change to the regulatory requirements for the employment of persons under 15 years on fishing vessels.

Tasmania. The Committee notes the Government’s indication that, if a school-ship is built, owned and operated by a Tasmanian school, the related activities are conducted under the authority of the school; if the vessel is not owned by a school, an exemption from compulsory schooling to undertake work needs to be granted by the Secretary of the Department of Education under the Education Act 1994. The Committee further notes that the Government has indicated that, while the Tasmanian Marine Safety Agency (MAST) is the delegated authority for the effective operation of the National System, it is not responsible for matters relating to training or employment in the fishing industry. It is the Tasmanian Department of Education, according to the Government’s report, which is responsible for all matters related to the Education Act 1994 and Guaranteeing Future legislation. In light of the above, and taking into account that the Education Act 1994 and the Guaranteeing Future legislation have been repealed, the Committee requests the Government to indicate the new relevant provisions and the authority in charge of approving and supervising work done by children on school-ships or training-ships under Article 4 of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Minimum age. South Australia. Further to its previous comment, the Committee notes the Government’s indications that pursuant to section 81A of the Education Act 1972, individual children may be granted permission under exceptional circumstances to work in a particular occupation, including the fishing industry. The Government adds that ministerial exemptions may be issued for a variety of reasons, such as family welfare, and health or cultural requirements, they may be conditional or unconditional and they are often issued for short periods of time. While noting the confidential character of the information contained in those ministerial exemptions, the Committee requests the Government to provide more detailed redacted information to enable the Committee to assess whether the conditions of Article 2(3) of the Convention are fully met.

Western Australia. Further to its previous comment, the Committees notes the Government’s indication that while the Children and Community Services Act 2004 does not expressly prevent a child of less than 15 years of age from being employed in the Western Australian fishing industry, in practice, it is highly unlikely that children of less than 15 years of age would be eligible to be employed given the restrictions and requirements of the Western Australian Marine Act 1982, the Western Australian Marine (Certificates of Competency and Safety Manning) Regulations 1983 and the School Education Act 1999. The Committee hopes that the Government will consider on the first suitable occasion the possibility to include in the Children and Community Services Act a general prohibition against the employment of children under the age of 15 on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention.

New South Wales. Further to its previous comment, the Committee notes the Government’s indication that the authorities of New South Wales consider that the employment of children under 15 years of age on board fishing vessels operating in salt water, and not only in the open ocean, may be dangerous and may put their well-being at risk. Recalling that under Article 2 of the Convention, children under the age of 15 years may only occasionally take part in activities on board fishing vessels on condition that these activities are not harmful to their health, the Committee requests the Government to consider the possibility of inserting in the Children and Young Persons (Care and Protection) Act a general prohibition against the employment of children under the age of 15 on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention.

Queensland. Further to its previous comment, the Committee notes the Government’s references to the Education (General Provisions) Act 2006 and the Child Employment Act 2006 prohibiting children of compulsory school age from working during school hours. It also notes the information that while the Child Employment Act permits children to work in family enterprises, parents are still obliged to ensure that their children are attending compulsory school in accordance with the Education Act. In addition, the Director-General of the Department of Justice and Attorney-General can prohibit a child from performing work considered to be harmful by issuing a work limitation notice. Furthermore, with reference to section 12 of the Child Employment Act authorizing the chief executive of the Department of Industrial Relations to issue certificates authorizing a child to undertake work that would normally be prohibited or not normally authorized, the Committee notes the Government’s indication that such certificates may permit children to work on fishing vessels under the condition that the work does not interfere with their schooling and will not be harmful to their health or safety or physical, mental, moral or social development. It also notes that during the reporting period no such certificates have been issued. Moreover, with regard to the possibility to exempt children from compulsory schooling requirements under section 185 of the Education (General Provisions) Act 2006, the Committee notes the Government’s indications that such exemptions are only made in exceptional circumstances and in cases where school attendance is impossible or should not be required (for example, in case of a young person whose parent is terminally ill or who has just become a parent). While noting that as a result of the various checks and balances provided for in the relevant legislation, the chances for children under 15 years of age to be employed on board fishing vessels are fairly limited, the Committee requests the Government to consider on a suitable opportunity the possibility of bringing the Education (General Provisions) Act 2006 and the Child Employment Act 2006 into closer conformity with the requirements of the Convention by including a general prohibition against the employment of children under the age of 15 on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention.

Moreover, the Committee notes the Government’s indication that student and young persons of less than 15 years of age may, in accordance with the Vocational Education, Training and Employment Act 2000 (VETA), take part in a range of employment types including apprenticeships, traineeships and vocational placement. Recalling that Article 4 of the Convention only allows exemptions to the rules on the minimum age for work by children on board school-ships provided that such work is approved and supervised by public authority, the Committee requests the Government to further explain how compliance is ensured with these requirements of the Convention under the Vocational Education, Training and Employment Act.

Tasmania. Further to its previous comment, the Committee notes the Government’s indications that pursuant to sections 5 and 82 of the Education Act 1994, the Secretary of the Education Department may exempt school-aged children from compulsory schooling and authorize them to work. While noting the confidential character of the information contained in the exemptions granted by the Secretary of the Education Department, the Committee requests the Government to provide more detailed redacted information to enable the Committee to assess whether the conditions of Article 2(3) of the Convention are fully met.

Northern Territory. Further to its previous comment, the Committee notes the Government’s indication that following the recent amendment of the Education Act the conditions under which the Minister of Employment may grant exemptions from compulsory schooling have been tightened and they can only be granted for a specified period and only if special circumstances so require (for instance where the child is seriously ill). While noting that in practice it is unlikely that children under 15 years of age are to be found legally working on board fishing vessels, the Committee hopes that the Government will consider on the first suitable occasion the possibility to include in the Care and Protection of Children Act a general prohibition against the employment of children under the age of 15 on board fishing vessels subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention.

Part V of the report form. Practical application. The Committee notes the detailed information provided by the Government with regard to the practical application of the Convention in Victoria, Queensland, Tasmania and the Northern Territory. The Committee would be grateful if the Government would continue to provide up-to-date information on the manner in which the Convention is applied in practice, including statistical data on the size of the fishing sector and the number of children and young persons employed on fishing vessels, as well as information on the results of the inspections carried out by the labour inspection services.

Furthermore, the Committee notes with interest the Government’s statement that consideration is given to the possibility of ratifying the Minimum Age Convention, 1973 (No. 138), in the course of 2011–12. It recalls, in this regard, that Article 10(4)(e) of Convention No. 138 provides that the ratification of that Convention by a member who is a party to Convention No. 112 involves under certain conditions the immediate denunciation of the latter Convention. The Committee requests the Government to keep the Office informed of any progress made in this regard.

Finally, the Committee wishes to draw the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. In particular, Article 9 of Convention No. 188 raises the minimum age for work on board a fishing vessel from 15 to 16 years, provides that the competent authority may authorize a minimum age of 15 for person who are no longer subject to compulsory schooling and who are engaged in vocational training in fishing, and prohibits the night work of fishers under the age of 18. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information provided by the Government in reply to its previous comment. It would be grateful to be provided with further particulars on the following points.

Article 2 of the Convention. Minimum age. Commonwealth. The Committee notes the adoption of the federal Age Discrimination Act 2004 which, according to the indications provided by the Government in its report, does not prejudice the application of the rules respecting the minimum age for admission to employment contained in marine orders, as the latter are designed to ensure the safety of crew and passengers. The Committee also notes that section 39(4) of the Act provides that the Act does not make unlawful anything done in direct compliance with an Act of a State or Territory. It accordingly understands that the Age Discrimination Act 2004 does not prejudice the application of the laws of the various States and Territories examined below.

End of compulsory schooling. Victoria. The Committee notes with interest that the Education Act 1958 has been replaced by the Education and Training Reform Act 2006, section 2.1.1 raises to 16 years the age of completion of compulsory schooling, and that the Act will enter into force by 31 December 2007 at the latest.

South Australia. The Committee notes the Government’s indications that there are few possibilities for violating the law as schooling is compulsory up to the age of 16 years. It however notes that section 81A of the Education Act 1972 provides for possibilities to grant exemption from compulsory schooling if the Minister of Education sees fit. The Committee requests the Government to indicate whether exemptions from compulsory schooling have been granted to allow children under 15 years of age to work on fishing vessels.

Western Australia. The Committee notes that, under the terms of section 190 of the Children and Community Services Act 2004, children under 15 years of age cannot in principle be employed in an establishment carried on for profit. However, it notes that section 191 excludes from this rule employment in family businesses, even though the latter are included in the scope of application of the Convention. The Committee also notes that children at least 13 years of age may perform certain types of work between 6 a.m. and 10 p.m. by virtue of section 191(4) of the Act. The Committee further notes that section 11 of the School Education Act 1999 allows the Minister of Education to exempt a child from compulsory schooling if it is in the interests of the child. It notes in this respect that section 191(5) of the Children and Community Services Act 2004 makes the rules respecting minimum age inapplicable to children covered by an exemption from compulsory schooling. The Committee notes that, according to the Government, it is unlikely that children under 15 years of age work in the fishing sector in view of the restrictions imposed by the Children and Community Services Act 2004. It observes that, according to the Government, 248 children were granted exemptions in 2005, in most cases because they had been admitted to apprenticeships. It further notes the Government’s indications that there are no apprenticeships in the fishing industry. In view of the various types of exemptions authorized by the legislation, the Committee requests the Government to provide fuller information on the measures adopted to ensure compliance with the prohibition of work by children under 15 years of age on fishing vessels.

Hazardous work. New South Wales. The Committee notes that, in reply to its previous comment, the Government indicates that the Children and Young Persons (Care and Protection) Act, No. 157 of 1998, does not require the maritime authority to make a general determination as to whether working on fishing vessels is dangerous. It further notes that in the view of the maritime authority the employment of a child under 15 years of age on a fishing vessel in the open ocean would put the child’s physical well-being at risk. The Committee requests the Government to specify whether the employment of a child under 15 years of age on a fishing vessel in salt waters but not on the high seas is also considered to be dangerous for such children.

Queensland. The Committee notes that, under section 4 of the Child Employment Regulation 2006, the minimum age for admission to work is 13 years, except for specific types of work (delivery work, the entertainment industry or voluntary work). However, it notes that these restrictions are not applicable where the child works in a business that is totally owned by a close adult relative of the child. In this respect, the Committee draws the Government’s attention to the fact that family enterprises are included in the scope of application of the Convention. With regard to hours of work, the Committee notes that section 11 of the Child Employment Act 2006 prohibits an employer to engage a child who is required to attend school during school hours which, according to the Government, would limit employment opportunities for children in the fishing industry. However, the Committee notes that section 115(1) of the Education (General Provisions) Act 1989 allows the chief executive to grant an exemption to the parents of a child with regard to compulsory schooling, which normally continues up to the age of 15 years. The Committee is therefore bound to note that, in addition to possibilities for exemption from compulsory schooling, the legislation allows exceptions which are not envisaged by the Convention to the prohibition to employ children under 15 years of age during the school year: exemption for work in a business that is owned by a close relative of the child; and work authorized outside school hours but during the school year. The Committee requests the Government to indicate the measures adopted to ensure compliance with the prohibition of work by children under 15 years of age on fishing vessels, as set out in the Convention.

Furthermore, the Committee notes the Government’s indications that the legislation does not prohibit the employment of children on fishing vessels, but contains mechanisms to prohibit or restrict inappropriate employment. It also notes the Government’s reference to section 13 of the Child Employment Act 2006, under the terms of which the chief executive of the Department of Industrial Relations may prohibit a particular child from performing certain work that would otherwise be allowable or issue a work limitation notice if, in her or his opinion, the work would interfere with the schooling of the child or would be harmful to the health or safety or physical, mental, moral or social development of the child. It notes that no work limitation notices have been issued to date. However, the Committee notes that section 12 of the Act envisages the possibility of authorizing a child to perform work that would otherwise be prohibited, or at times that would not be normally authorized. The Committee draws the Government’s attention to Article 2, paragraph 3, of the Convention, which only authorizes the issue of such certificates for children of not less than 14 years of age and which requires the competent authority to be satisfied, after having due regard to the health of the child and to the prospective as well as to the immediate benefit to the child of the employment proposed, that such employment will be beneficial to the child. The Committee requests the Government to indicate whether certificates issued under section 12 of the Child Employment Act 2006 may be granted in respect of children under 14 years of age for work on a fishing vessel. The Government is also requested to indicate the manner in which the competent authority ascertains that the work envisaged is beneficial to the child taking into account the health of the child and the benefit to the child of the employment proposed.

The Committee further notes, under the terms of section 8(2) of the Child Employment Act 2006, that apprenticeship is not included in the definition of the term “work”. It recalls that Article 4 of the Convention only allows exemptions to the rules on the minimum age for work by children on board school-ships. The Committee requests the Government to indicate whether apprentices in the fishing sector work on board school-ships and to specify the rules and limits applicable to apprentice fishers.

Exemptions from compulsory schooling. Tasmania. The Committee notes that, under the terms of section 4 of the Education Act 1994, schooling is compulsory up to the age of 16 years. It also notes that section 82 of this Act provides that a person must not employ a school-aged child during the hours when the child is required to attend school. However, the Committee notes that, by virtue of section 5(2) of the above Act, the Secretary of the Department of Education may grant an exemption to a child from compulsory schooling at his or her own initiative or on application by the parents, if satisfied that it is in the best interests of the child’s education. The Committee draws the Government’s attention to the fact that, under the terms of Article 2, paragraph 1, of the Convention, children under the age of 15 years shall not be employed or work on fishing vessels except in the case of exemptions. The Convention authorizes exemptions for activities during school holidays and in the event that a certificate is issued permitting the employment of children of not less than 14 years, on condition that such employment is beneficial to the child and that due regard is had to the health and physical condition of the child and to the prospective as well as to the immediate benefit to the child of the employment proposed. The Committee requests the Government to indicate whether exemptions have been granted from compulsory schooling with a view to allowing children under 15 years of age to work on fishing vessels.

Non-applicability. Australian Capital Territory. The Committee notes that there are no bodies of salt water within the Australian Capital Territory and that there are therefore no fishing vessels within the meaning of the Convention.

Hazardous work. Northern Territory. The Committee notes that, in reply to its previous comment, the Government indicates that the Department of Health and Community Services does not conduct inspections on fishing boats but that, if the Department received information regarding children working on fishing boats, it would be required to consider, under the Community Welfare Act 1983, whether the child is under 15 years of age and working between 10 p.m. and 6 a.m. and whether the work is dangerous to the health or safety of the child. It notes that, under the terms of section 24 of the Education Act 1994, the Minister of Employment, Education and Training may exempt a child from compulsory schooling for a specified period. It further notes that section 30 of the Act allows the Minister to grant exemptions from the provisions limiting the hours of work of children who are required to attend school. The Committee also notes the Government’s confirmation that working on a fishing boat is not in itself sufficient to be regarded as dangerous and that its classification as such would depend on the age of the child, the hours of work, the type of work performed, whether the child is of school age and if the work is affecting school attendance.

The Committee wishes to recall that the Convention in principle establishes the prohibition of work by children under 15 years of age on fishing vessels. The only exceptions allowed relate to: (1) work during school holidays under certain conditions (Article 2, paragraph 2, of the Convention); (2) the employment of children of not less than 14 years of age when the work is beneficial to the child having due regard to the child’s health and the benefit to the child of the employment (Article 2, paragraph 3); and (3) work on school-ships (Article 4). Furthermore, in relation to the statement that work on a fishing vessel is not in itself dangerous, the Committee wishes to recall that the ILO considers fishing to be one of the most hazardous occupations in the world (on this subject, see: ILO: Safety and health in the fishing industry, report for discussion at the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 1999)). The Committee requests the Government to indicate the measures adopted to ensure compliance with the provisions of the Convention prohibiting work by children under the age of 15 years on fishing vessels outside the limited exceptions indicated above.

Part V of the report form. The Committee notes the information provided by the Government on the application of the Convention in practice in the Territories of Western Australia, South Australia, Victoria, Queensland and Northern Territory. It requests the Government to continue providing updated information of this type. The Government is also asked to provide a general appreciation of the manner in which the Convention is applied in practice in the other States (New South Wales and Tasmania) including, for instance, extracts from the reports of the inspection services and information concerning the number and nature of the contraventions reported of the legislation on the minimum age for work in the fishing sector.

Finally, the Committee notes that no specific measures are currently envisaged to follow up the decision taken by the Governing Body with regard to the Convention following its examination by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000. It requests the Government to provide information on any further measure that it may take in this respect.

Furthermore, the Committee draws the Government’s attention to the new Work in Fishing Convention, which was adopted by the International Labour Conference at its 96th Session (June 2007) and which revises and updates most ILO instruments on fishing, including Convention No. 112. The Committee requests the Government to give full attention to this new overall instrument on the working and living conditions of fishers and to keep the Office informed of any decision it may take with a view to its ratification.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the detailed information contained in the Government’s report and the attached documentation.

Article 2 of the Convention. Minimum age. The Committee notes that the legislation of the six states and two territories establishes the ages at which compulsory schooling begins and ends (six and 15 years respectively in most cases). However, each of these laws provides for the possibility for the competent authority to exempt a child from this obligation. The Committee draws the Government’s attention to the fact that, under the terms of Article 2, paragraph 1, of the Convention, children under the age of 15 years shall not, subject to certain exceptions, be employed on fishing vessels. Paragraph 2 of this provision allows certain exceptions for activities performed during school holidays and paragraph 3 establishes that national laws or regulations may provide for the issue of certificates permitting children of not less than 14 years of age to be employed, provided that such employment will be beneficial to the child and that due regard is had to the health and physical condition of the child and to the prospective as well as to the immediate benefit to the child of the employment proposed.

While recalling its previous comments on this point, the Committee requests the Government to indicate whether exemptions from compulsory schooling continue to be issued by the competent authorities in the various states and their approximate number, and to indicate whether such exemptions relate to the employment of children under the age of 15 years on fishing vessels. Furthermore, the Government is requested to indicate the measures taken to ensure that this possibility is only available for children of not less than 14 years of age after authorization has been issued in accordance with the conditions set out in Article 2, paragraph 3, of the Convention. The Committee also requests the Government to indicate whether children under the age of 15 years may occasionally take part in activities on board fishing vessels during school holidays.

Furthermore, the Committee wishes to raise certain specific points which only concern particular states or territories.

End of compulsory schooling. (Victoria). The Committee notes the Government’s statement that the priority for all children, at least to the age of 15 years, is education. However, it notes that section 3 of the Education Act 1958 establishes compulsory schooling from six to 14 years of age (paragraph 1) and provides that the Government may fix a date from which compulsory schooling will be extended up to 15 years of age (paragraph 2). The Committee requests the Government to indicate whether the age of completion of compulsory schooling has been raised to 15 years in accordance with this provision.

Work experience arrangements. (Queensland). The Committee notes that section 6(1) of the Education (Work Experience) Act 1996 permits educational establishments to make work experience arrangements for their students. The Committee requests the Government to indicate whether the employment of children under the age of 15 years on fishing vessels is permitted within the framework of such arrangements.

Dangerous work. (New South Wales and Northern Territory). The Committee notes that in New South Wales section 222 of the Children and Young Persons (Care and Protection) Act, 1998, No. 157 provides that a person who causes or allows a child under 15 years of age to take part in any employment in the course of which the child’s physical or emotional well-being is put at risk is guilty of an offence. The Committee also notes that, under the terms of section 93 of the Community Welfare Act of the Northern Territory, it is not permitted to employ a child under the age of 18 years in activity dangerous to her or his health or safety, except with and in accordance with the consent in writing of the Minister of Health and Community Services. The Committee requests the Government to specify whether work on fishing vessels is considered to be dangerous and therefore subject to these provisions.

Work on a fishing vessel. (Victoria). The Committee notes with interest that section 12(1)(b) of the new Child Employment Act 2003 prohibits work by children under 15 years of age on fishing boats, other than boats operating on inland waters.

Part V of the report form. The Government is requested to provide a general appreciation of the manner in which the Convention is applied in practice in the various states and territories, including, for instance, extracts from reports of the inspection services and, if possible, statistics on the importance of the fishing sector and the number of workers employed in the sector, the number and nature of the contraventions reported, etc.

Finally, the Committee takes this opportunity to draw the Government’s attention to the decision taken by the Governing Body with regard to the Convention following its examination by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000).

The Governing Body decided to invite the States parties to Convention No. 112, which include Australia, to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 112 involves the immediate denunciation of the latter Convention if the State accepts the obligations of Convention No. 138 for maritime fishing and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention, or if it specifies that Article 3 (establishing a higher minimum age for hazardous types of work) of Convention No. 138 applies to maritime fishing.

The Governing Body also invited the States parties to Convention No. 112 to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13-17 December 1999), in consultation with the organizations of employers and workers concerned. According to these conclusions, the minimum age for admission to employment and work in the maritime fishing industry should in no case be lower than 16 years and this activity should be considered as hazardous within the meaning of Article 3 of Convention No. 138.

The Committee requests the Government to indicate the measures adopted or envisaged to give effect to the decisions of the Governing Body.