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Mandatory code of practice
Employers in entertainment must also comply with the Mandatory Code of Practice for the Employment of Children in Entertainment, which outlines requirements for:
- supervision
- general duties of an employer
- hours of work
- tutoring
- babies
- record keeping.
Key parts of the code are explained on this page.
Age requirements
There is no minimum age of employment in entertainment, but you need a licence to employ anyone under 15.
There are also conditions that apply depending on the child’s age:
- A child may not be employed during school hours on any school day unless they have been granted an exemption from attendance at school by the Department of Education.
- There are requirements for employing a baby less than 12 weeks old, and the employer must complete the relevant form:
Employment of a baby for one hour or less
Employment of a baby for more than one hour
These requirements are set out in detail in the Mandatory Code of Practice for the Employment of Children in Entertainment.
Licensing system
An employer must hold an entertainment specific child employment licence to employ someone under 15, whether the work is paid or voluntary. Employing a child without a licence is a crime and may be penalised.
An entertainment licence must include details of at least one employee representative, who will:
- have a current Working with Children Clearance, unless they are exempt, for example, a parent supervising their child
- be able to make day‐to‐day decisions about the child’s work
- have authority to direct the work of any child employed
- ensure the Child Employment Act 2003 and any licence conditions are complied with.
Where a licence is granted, a business can employ multiple children under one licence.
Licences are free and, for the entertainment industry, last for 1 year.
Notification requirements
Employers must use our online portal to notify us of each child they employ. It is preferable that we are notified before the child has started work.
Watch our short video about child employment laws.
Victoria's child employment laws animationChild Safe Standards
Victoria’s Child Safe Standards require organisations to embed child safety in their day-to-day operations, helping keep children safe from physical, sexual, emotional and psychological abuse and neglect.
Child employment licence holders must comply with Child Safe Standards.
Supervision
Workers under 15 must always be supervised by someone who is at least 18 years old and holds a Victorian Working with Children Clearance, unless they are exempt, for example, a parent supervising their child.
There are also specific supervision requirements for children working in entertainment. Children aged between 12 weeks and 6 years old must be supervised by either a:
- parent or guardian of the child
- person nominated by the employer and authorised by the parent or guardian
- person who holds an approved early childhood teaching qualification
- person who holds a diploma level education and care qualification
- registered nurse or midwife
Children aged 6 years or older must be supervised by either:
- a parent or guardian
- a person nominated by the employer and authorised by the parent or guardian
- an adult with training or experience in the care of children of the age of the child to be supervised
Children less than 12 weeks old must be supervised by a parent or guardian.
An employer must ensure that a supervisor is not given other responsibilities that prevent them from directly supervising the child.
Supervision requirements also apply during casting.
General duties of an employer
The Mandatory Code of Practice for the Employment of Children in the Entertainment Industry requires an employer to give parents a Summary of the Code and information about the intended:
- role and duties the child will perform
- employment hours and workplaces.
The employer must get certain information about the child, including details of any medical conditions, from their parent or guardian before the child can start work. A template child information form is available for employers to use.
Hours of work
The Mandatory Code of Practice for the Employment of Children in Entertainment outlines the maximum:
- days of employment in any week
- employment hours per day
- consecutive days of employment
- spread of hours.
For film, television, radio, advertising, photography and modelling:
| Age | Maximum number of days of employment in any week | Spread of hours | Maximum employment hours per day | Maximum number of consecutive days of employment |
|---|---|---|---|---|
| Under 3 years | 3 | 6am-6pm | 4 hours | 3 |
| 3 years and under 8 years | 4 | 6am-11pm* | 6 hours** | 4 |
| 8 years and under 15 years | 5 | 6am-11pm* | 8 hours** | 5 |
* A child cannot work beyond 9pm if they are required to attend school on the morning of the following day.
** A child cannot work for more than 4 hours on any day on which they attend school for 3 hours or more.
For live entertainment, including musical theatre, plays, operas and circuses:
| Age | Maximum number of days of employment in any week | Spread of hours | Maximum employment hours per day | Maximum number of consecutive days of employment |
|---|---|---|---|---|
| Under 2 years | 1 | 9am-6pm | 4 hours | 1 |
| 2 years and under 6 years | 3 | 9am-6pm | 4 hours | 3 |
| 6 years and under 10 years | 4 | 9am-10pm* | 4 hours | 4 |
| 10 years and under 12 years | 4 | 9am-11pm* | 6 hours** | 4 |
| 12 years and under 15 years | 4 | 9am-11pm* | 8 hours** | 4 |
* A child cannot work beyond 9pm if they are required to attend school on the morning of the following day.
** A child cannot work for more than 4 hours on any day on which they attend school for 3 hours or more.
You can apply for a variation to requirements under the Mandatory Code.
You can also apply for an exemption for a child to work during school hours through the Department of Education.
Prohibited conduct
An employer must take reasonable steps to ensure children are not socially isolated or caused to feel:
- intimidated
- threatened
- frightened
- humiliated.
A child must not be made to feel distressed for the purpose of depicting an emotional reaction.
Children must not be exposed to nudity or adult themes, including:
- sex
- cruelty
- violence
- drug misuse.
Record keeping
An employer must keep records about the employment of children. Most records must be held for 12 months after the child ends work.
A record of supervision must be kept for 5 years and include the name of any person who supervises workers under 15 and their Working with Children Clearance number. A template is available to help you record this information.
Tutoring
If a child has an exemption from school attendance and receives tutoring from the employer, the employer must keep written details of the tutoring arrangements.
Our role
At the Wage Inspectorate we:
- provide information about child employment laws
- administer the child employment licensing system
- monitor and enforce compliance with the laws
- respond to complaints and tip-offs about non-compliance
- promote child safety outcomes in Victorian workplaces
- monitor and enforce compliance with Child Safe Standards in Victorian workplaces.
Ask a question or report a business
Use our online form to:
- report a business you suspect is breaking child employment rules
- ask a question about child employment
- submit additional documents for an existing report.
Ask a question or make a report
You can also ask a question or make a report by calling us on 1800 287 287.
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