County Court multiplies child employment penalty on appeal

An appeal by the Workforce Inspectorate Victoria against a $1,000 fine and an adjourned two-year good behaviour bond has seen two businesses resentenced for offences under the Child Employment Act 2003 and fined an additional $9,650 and $2,850, respectively.

Victorian hospitality businesses Sidna (trading as Volpino) and Nasida (trading as South Beach Project) both pleaded guilty in the Magistrates Court of Victoria to multiple breaches of the Child Employment Act 2003.

Offences included employing a child under 15 without a licence, failing to ensure proper child supervision, allowing a child to work beyond permitted hours, and not providing adequate rest breaks.

The businesses were given an adjourned good behaviour bond and ordered to pay $1,000 to the court fund before Workforce Inspectorate Victoria requested the Victorian Director of Public Prosecutions appeal the decision.

Both appeals were upheld by the County Court of Victoria, and each corporate accused was resentenced, with Sidna fined $9,650 and Nasida fined $2,850.

The court found the original penalty lenient, noting that it did not provide a sufficient deterrence against breaches.

Further, the court reinforced that ignorance of obligations under the Child Employment Act does not change employer responsibilities or liabilities.

According to Workforce Inspectorate Victoria commissioner Robert Hortle, the decision reinforces the responsibility of businesses to understand and comply with their employment obligations.

“Not being aware is not an excuse and puts kids at risk,” Hortle said.

“Children are still developing, they need rest breaks, proper supervision and shouldn’t be working late or long hours.”

Under Victoria’s Child Employment Act, children can only work between 6am and 9pm, they must be given a 12-hour break between shifts, and they can be employed for a maximum of three hours a day and 12 hours per week during a school term, and up to six hours a day and 30 hours a week during school holidays.

“We will continue to support and educate businesses to ensure they are employing children under the age of 15 safely and legally,” Hortle said.

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