Can A 13-Year-Old Work In Australia?

Thinking about hiring a keen 13-year-old to help out in your business? It’s a common question for retailers, hospitality venues and local service businesses, especially in school holiday periods.

The short answer is: sometimes - but the rules are strict, and they differ across states and territories. As the employer, it’s on you to get it right.

In this guide, we’ll step through when you can engage a 13-year-old, the guardrails around hours and duties, what documents you should have in place, and practical risk management tips so your business stays compliant and young workers stay safe.

What’s The Legal Minimum Working Age In Australia?

Australia doesn’t have a single national minimum working age. Child employment rules are set by state and territory legislation, and each jurisdiction approaches it a little differently.

Broadly, most states allow limited paid work from around 13 years of age (sometimes younger for specific delivery roles), with extra conditions like parent/guardian consent, restricted hours outside school time, and supervision requirements. Some states have licensing or permit systems for employing children under a certain age.

At a glance:

• Victoria and Queensland have detailed child employment laws, with tighter limits for workers under 15 and additional requirements like parental consent and strict caps on hours around school.
• Western Australia allows work from 13 in retail/hospitality (with parental permission and curfews), and specific newspaper/leaflet delivery roles can start younger.
• New South Wales doesn’t set a general minimum age for most industries, but there are strong limits on hours, the kind of work a child can do, and special rules for entertainment. For more detail, see the legal age to start working in NSW.
• South Australia, Tasmania, the ACT and the Northern Territory apply restrictions on hours and types of work to protect schooling and safety, rather than a single hard minimum age across all industries.

Because the details vary, your first step should always be to check the child employment laws for the state or territory where the work will be performed. If your business operates across multiple locations, build a policy that meets the strictest requirements you’re exposed to - it’s simpler and safer.

Can You Hire A 13-Year-Old In Your Business?

Often you can, provided the role and hours fit within your local rules and the child’s schooling. But there are important conditions.

Common conditions you should expect

• Parental/guardian consent must be obtained before employment begins (and kept on file).
• Work must not interfere with schooling. Children generally cannot work during school hours and will have capped hours on school days and during school terms.
• Curfews apply. Most jurisdictions limit how early or late a young teen can work (for example, only during daytime or early evening).
• Supervision is essential. A responsible adult must be available to supervise and ensure tasks are appropriate and safe.
• Some industries are restricted. Hazardous work, licensed premises and adult entertainment are off-limits for under-18s, with extra prohibitions for under-15s.
• Permits/licences may be required before employing a child under a specified age (particularly in Victoria for under-15s and for entertainment work across several states).

If your role doesn’t clearly sit within these guardrails, it’s best to rethink your approach or seek advice before proceeding.

What Work Can 13-Year-Olds Do (And Not Do)?

Your starting point is “light, safe, supervised, and age-appropriate.” Think simple retail, hospitality or office support tasks that don’t involve dangerous equipment, heavy lifting, hazardous chemicals or unsupervised work off-site.

Examples of age-appropriate tasks

• Basic retail tasks: greeting customers, shelf-stacking of light items, tidying displays, bagging purchases, simple point-of-sale tasks under supervision.
• Hospitality support: table clearing, basic food prep that doesn’t involve hot equipment or sharp machinery, polishing cutlery, restocking consumables, running non-alcoholic beverages at tables under close supervision.
• Admin and back-of-house: filing, light data entry, handling click-and-collect pickups, packaging small orders.
• Newspaper/leaflet delivery: permitted from younger ages in some states, but always check your local rules.

Tasks to avoid for young teens

• Operating commercial kitchen equipment (deep fryers, slicers, industrial mixers) or any machinery with a risk of serious injury.
• Working at heights, working alone late at night, or working in areas with limited supervision.
• Handling alcohol service or working in restricted areas of licensed premises.
• Door-to-door or street trading where prohibited, or any role involving undue pressure or unsafe environments.

Even within “safe” categories, conduct your own risk assessment. If a task requires adult judgment or has a low margin for error, it likely isn’t suitable for a 13-year-old.

Pay, Breaks And Hours: How Do Junior Rules Apply?

When you hire a 13-year-old, you’re hiring an employee - so workplace laws apply. That means paying lawful junior rates under the applicable modern award or agreement, providing proper breaks, keeping accurate records and following work health and safety laws.

Minimum pay (junior rates)

Most young employees are covered by a modern award that sets out junior rates based on age and classification (for example, retail or hospitality awards). You must pay at least the minimum for their age and the work they perform, including loadings, penalty rates and overtime where applicable.

Breaks and maximum hours

Break entitlements apply to juniors too, and your state child employment rules will cap how many hours they can work on a school day, during term time and on non-school days. Plan rosters with these caps and curfews in mind. For general guidance on rest pauses and meal breaks, it’s worth reviewing your obligations around workplace break laws and ensuring your roster system can enforce them.

School comes first

Children must not work during school hours or in ways that negatively impact their education. Expect stricter limits during term time and more flexibility in school holidays (still within daily/weekly caps).

Record-keeping and payroll

Keep records of hours worked, pay, breaks taken, supervision arrangements and parental consent. These records matter if a regulator ever asks you to show compliance.

What Documents And Permissions Should You Collect?

Before a 13-year-old sets foot on site, put the right paperwork in place. This protects the young worker and your business.

• Parental Consent Form: Written consent from a parent or guardian to employ the child, including the hours, location, duties and emergency contact details.
• Employment Contract: Clear terms covering role, pay, rostering, breaks, supervision, confidentiality and safety obligations. If you’re engaging casually, use a junior-appropriate casual agreement aligned with the applicable award.
• Workplace Policy: A concise policy on child workers that sets supervision standards, prohibited tasks, escalation procedures and transport/pick-up protocols.
• Induction and training checklist: Age-appropriate onboarding covering safety basics, how to ask for help, reporting hazards, and what to do if they feel unsafe or unwell at work.
• Parent communication log: A simple record of schedule changes, incidents, or performance issues communicated with the parent/guardian.
• Permits/licences: In jurisdictions that require an employer licence or child employment permit for under-15s, secure this before work starts and keep copies on file.
• School approvals (if needed): For school-endorsed placements, use a structured Work Experience Agreement to ensure the placement is lawful and genuinely educational (and not unpaid work that should be paid).

Templates help, but young worker arrangements benefit from tailoring. If you’re not sure whether your forms and contracts match your award, roster and state rules, a quick check with an employment lawyer can save you a lot of time and risk.

Practical Risk Management When Employing Young Teens

Hiring a 13-year-old comes with an elevated duty to protect their wellbeing. Good systems make this simpler and keep you compliant.

1) Complete a junior-specific risk assessment

Look at the role through the lens of a child. Identify hazards (equipment, chemicals, crowds, aggressive customers, manual handling) and remove or control them. If you can’t make a task safe for a 13-year-old, remove it from their position description.

2) Set supervision and escalation

Nominate a responsible adult to supervise each shift. Spell out when the supervisor must step in (e.g. handling difficult customers, using ladders, near hot equipment). Make it clear how the young person can ask for help without fear.

3) Keep communication open with parents

Confirm availability around school commitments, transport arrangements and any health needs. If shifts change, notify parents with adequate notice. Keep the Parental Consent Form updated if duties or hours change materially.

4) Reinforce your safety culture

Young workers may be less confident about speaking up. Emphasise your duty of care, encourage reporting, and make your workplace a psychologically safe environment for questions and concerns.

5) Roster conservatively

Err on the side of shorter shifts, earlier finishes and generous breaks for young teens. Build in buffer time for handover with the supervising adult.

6) Respect boundaries and privacy

Be careful about data you collect and who can access it (like parent contact details and medical information). Keep it secure and only used for employment purposes according to your internal policies.

7) Avoid “work trials” that should be paid

Unpaid trials should only cover the time reasonably required to demonstrate skills necessary for the job and under close supervision. If the trial looks like productive work, pay the candidate appropriately - or structure it properly as a school-based Work Experience Agreement.

8) Train your team

Provide a short briefing to managers and co-workers on how to supervise and support young workers, including setting expectations for professional conduct and mentoring.

Frequently Asked Employer Questions

Do I have to pay award rates to 13-year-olds?

Yes. Young employees are entitled to junior rates under the relevant modern award, plus any applicable penalty rates, loadings and allowances. Ensure your payroll system uses the correct age-based classification.

Can a 13-year-old work after 8pm?

Curfew rules vary by state and industry. As a rule of thumb, plan early finishes for young teens and check your state’s child employment limits before rostering later hours.

Do I need written permission from a parent?

In practice, yes. Many jurisdictions require it, and even where it’s not mandated for a particular role, obtaining a signed consent (covering duties and hours) is a sensible minimum standard.

What about breaks and meal times?

Provide legally required rest and meal breaks, and remember that young teens will often need more frequent pauses. Review your obligations around workplace break laws and build them into your roster.

Can I hire a 13-year-old for delivery work?

Some states allow delivery of newspapers and advertising material from a younger age, while others set 13 as the minimum. Always confirm what’s allowed in your location and put safe delivery procedures and supervision in place.

What To Put In Your Junior Hiring Toolkit

To make compliance repeatable, create a simple toolkit for any junior hire (especially under 15):

• Role description with an “allowed tasks” list and a “not permitted” list.
• Junior-appropriate Employment Contract aligned to the correct award.
• Signed Parental Consent Form and up-to-date contact details.
• Induction and training checklist covering safety, supervision, speaking up and incident reporting.
• Child employment permit/licence (if your state requires one).
• Roster rules that enforce curfews, caps and break entitlements.
• Internal Workplace Policy on engaging child workers, including manager responsibilities and parent communication.

Key Takeaways

• Hiring a 13-year-old is possible in many parts of Australia, but state and territory child employment rules set strict limits on hours, duties, supervision and consent.
• Choose light, safe and supervised tasks; avoid hazardous equipment, late-night work and anything that interferes with schooling.
• Junior employees must receive lawful award pay, proper breaks and protections - keep accurate records and roster conservatively.
• Put paperwork in place before the first shift: a junior-appropriate Employment Contract, a signed Parental Consent Form, any required permits and a clear workplace policy for young workers.
• Proactive risk management - supervision, training, safe tasks and open parent communication - protects young workers and your business.
• If you’re unsure about your state requirements or award alignment, a short chat with an employment lawyer can help you set up a compliant, practical system.

If you’d like a consultation on employing 13-year-olds in your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.