Legal Age For Working In NSW: Employer’s Compliance Guide

Hiring young people can bring fresh energy to your workplace and help develop the next generation of talent. If you’re employing anyone under 18 in New South Wales, it’s important to understand how the law works in practice - especially around minimum ages, restricted industries, and your obligations under workplace and child protection laws.

In this guide, we break down the essentials of the legal working age in NSW, the extra rules that apply in certain industries, and the practical steps to hire juniors safely and lawfully. Our goal is to help you set up compliant practices so you can focus on growing your business with confidence.

What Is The Legal Working Age In NSW?

A common question from employers is: what age can someone legally work in NSW?

Unlike some other states, NSW does not have a single, fixed minimum working age for most general employment. That said, there are important limits and safeguards - particularly for children and young people - that affect what work they can do, when they can do it, and under what conditions.

Two key points to keep in mind:

• There is no general minimum age for most types of work in NSW, but specific industries, tasks and times of work are restricted for children and young people.
• Young workers remain protected by national workplace laws (for example, the Fair Work Act 2009 (Cth) and modern awards) and by NSW child employment and safety requirements.

Industry And Task-Based Restrictions You Should Know

Some industries have additional rules for employing children and young people in NSW. In many cases, employers must hold an authority and comply with strict conditions relating to hours, supervision, and welfare.

• Entertainment, Advertising, Still Photography and Modelling: Employing children in these sectors is regulated. Businesses typically need an Authority to Employ Children issued by the NSW Office of the Children’s Guardian (the regulator responsible for child employment in these areas), and must follow limits on hours, rest breaks and supervision.
• Door-to-Door Sales and Similar Prescribed Activities: These activities are tightly controlled for child workers, with strict age and conditions-based limits. If your business involves direct selling, check whether child employment laws apply before engaging anyone under 18.
• Alcohol Service: You must be 18 or older to sell or serve alcohol in NSW (including roles that require Responsible Service of Alcohol).
• Hazardous Work: If tasks involve risks (for example, certain construction, plant or machinery, or high-risk environments), you’ll need to carefully assess whether the work is appropriate and lawful for junior employees.

On top of the above, your industry’s modern award or enterprise agreement may set rules for juniors (for example, minimum ages for certain classifications, rostering and allowable duties). It’s important to check the modern award that covers your workplace.

Employer Obligations When Hiring Young Workers

Hiring young people is not just “business as usual”. You have extra responsibilities to protect their safety, education and rights at work.

Work Health And Safety (WHS) And Supervision

Under WHS laws, you have a duty to provide a safe workplace and to tailor training and supervision to the worker’s experience and capability. Young workers are often less familiar with risks, so you need to take additional care.

• Provide an age-appropriate induction and job-specific training before work begins.
• Ensure competent, readily available supervision - especially in the first weeks.
• Match tasks to the worker’s capability and keep them away from high-risk duties they’re not trained or old enough to perform.

A clear understanding of your duty of care as an employer is essential, and your policies should reflect how you manage risks for juniors day-to-day.

Schooling And Work Hours

In NSW, the school leaving age is 17, unless the young person has completed Year 10 and is in full-time work, education, or a combination (such as an apprenticeship or traineeship). This means you must not roster school-aged children during hours when they are required to attend school.

In practice:

• Roster school-aged employees outside compulsory school hours and avoid clashes with exams or compulsory activities.
• Follow any hours limits set by the applicable award or by industry-specific child employment rules.
• Consider reasonable time between shifts and adequate rest, noting general limits under workplace instruments and guidance on maximum weekly hours and break entitlements.

Pay, Awards And Entitlements

Young workers are entitled to lawful pay and conditions. The Fair Work Act and modern awards set minimum wages, penalty rates, loadings and other entitlements for juniors (usually expressed as a percentage of the adult rate based on age).

• Apply the correct award classification and junior rate for the role.
• Pay at least the applicable minimum wage and any penalties or loadings (for example, weekends or evenings) as required by the award.
• Issue payslips and keep proper employment records, just as you would for adult staff.

If you’re unsure how an award applies to your business, it’s wise to get advice before you hire. Correct classification upfront prevents backpay issues later.

Parental/Guardian Engagement And Communication

There is no blanket law requiring written parental consent for all junior employment in NSW. However, obtaining a short, written acknowledgement from a parent or guardian is considered good practice when hiring under-16s, and may be required in regulated industries (for example, entertainment). It also helps keep everyone aligned on working hours, transport, supervision and emergency contacts.

How To Hire Young People Legally: A Practical 5-Step Checklist

If you’re hiring juniors for the first time, a clear process makes compliance much easier. Use this step-by-step checklist as a starting point.

1) Confirm The Role Is Appropriate For A Junior

• Identify all tasks the worker will perform and remove any hazardous or prohibited duties.
• Check whether your industry has child employment restrictions (for example, entertainment or door-to-door sales) and whether you need an authority from the Office of the Children’s Guardian.
• Review your award to confirm junior classifications, permissible work and rostering limits.

2) Plan Rosters Around School And Rest

• Do not schedule work during compulsory school hours.
• Build rosters that provide adequate breaks, safe finish times and enough time between shifts, factoring in transport and parental expectations.
• Document rostering rules in a simple policy so supervisors stay consistent.

3) Put The Right Contracts And Policies In Place

• Use a tailored Employment Contract (casual or part-time, as appropriate) that clearly sets out pay, hours, duties, supervision and termination.
• Adopt a Workplace Policy suite that covers WHS, bullying/harassment, communication with parents/guardians and reporting concerns.
• Prepare a simple parental/guardian acknowledgement for under-16s (or where industry rules require consent) addressing hours, transport and emergency contacts.

4) Onboard Thoroughly And Train For Safety

• Deliver an age-appropriate induction, including safe work procedures and how to get help.
• Assign a responsible supervisor and set clear boundaries (for example, no working alone or no high-risk tasks without direct supervision).
• Explain pay cycles, payslips and who to speak with about workplace issues.

5) Keep Records And Monitor Compliance

• Maintain copies of contracts, rosters, training records, and any required authorities or parental acknowledgements.
• Review rosters and tasks periodically to ensure they remain appropriate for the worker’s age and experience.
• Encourage feedback from young workers and parents/guardians so you can fix issues early.

Are There Any Special Laws I Must Follow For Juniors?

Yes. In addition to your general obligations under employment and WHS laws, you may need to follow extra rules depending on your industry and the age of the worker.

• Child Employment In Entertainment And Certain Sales: If you employ children in entertainment, modelling, still photography, advertising or prescribed sales (such as door-to-door sales), NSW law requires employers to hold the appropriate authority and comply with strict conditions. The NSW Office of the Children’s Guardian oversees these authorities and codes of practice (including limits on hours, rest breaks and supervision).
• Working With Children Requirements: If your business involves staff working with children (for example, sport, education or care services), separate screening laws may apply to your adult workers and supervisors. Consider whether a Working With Children Check is required for relevant roles.
• Modern Awards And Rostering: Awards often contain specific junior provisions, including age-based pay, allowable duties and rostering limits. Always confirm the details for your industry in the relevant modern award.
• WHS Risk Controls For Juniors: Because young workers can be unfamiliar with hazards, WHS expectations are higher around induction, supervision, plant/machinery access and fatigue management. Document the controls you’ll use to keep juniors safe.

If you operate in a regulated field, getting tailored employment law advice before you hire is a smart move. It’s much easier to build a compliant process upfront than to rework your systems after an audit or complaint.

What Legal Documents Should I Have In Place?

Clear documents help you set expectations, train consistently and demonstrate compliance if questions arise. Consider these essentials when employing juniors:

• Employment Contract (Casual/Part-Time): Sets out duties, classification, pay, hours, supervision arrangements, and how performance and conduct are managed.
• Workplace Health And Safety Policy: Explains how you identify hazards, train young workers, control risks, and escalate WHS issues.
• Workplace Behaviour Policies: Covers bullying, harassment, discrimination and respectful conduct, making it clear juniors have the same protections as adults.
• Parental/Guardian Acknowledgement: A short form confirming the agreed hours, contact details, transport arrangements and permission for participation in specific activities (and capturing any medical or welfare notes you should be aware of).
• Privacy Policy: If you collect personal information from staff or parents (for example, emergency contacts or medical information), you should have a compliant Privacy Policy and secure record-keeping practices.
• Staff Handbook: A simple handbook (or policy pack) helps juniors and supervisors understand rules about rosters, breaks, uniforms, safety and reporting conduct issues.

Documenting these items doesn’t need to be complicated. The key is that they reflect how your workplace actually operates, and that supervisors know how to apply them consistently.

What Happens If I Don’t Comply?

Non-compliance can lead to regulatory action, backpay claims and reputational harm. Common pitfalls include:

• Rostering school-aged children during compulsory school hours.
• Using juniors for tasks that are inappropriate or unsafe for their age or training.
• Paying below the required junior rate or ignoring award penalties and loadings.
• Failing to hold required authorities for child employment in regulated industries.
• Inadequate supervision or poor record-keeping around hours, breaks and training.

A robust framework - from contracts and policies to safe rosters and supervision - reduces risk and supports a positive experience for young workers and their families. If you’re unsure about hours, breaks or limits, review general rules on maximum weekly hours and breaks under the award, and consider refreshing your workplace policies.

Key Takeaways

• NSW has no single minimum working age for most jobs, but strict rules apply to certain industries and activities, especially entertainment and prescribed sales.
• School-aged children must not work during compulsory school hours, and rosters should account for safe finish times, breaks and rest between shifts.
• Junior pay and conditions come from the Fair Work Act and your industry’s award, including age-based rates and rostering limits - always check the applicable modern award.
• WHS duties are heightened for young workers - invest in age-appropriate training, clear supervision and practical risk controls to meet your duty of care.
• Put the essentials in writing: a tailored Employment Contract, WHS and behaviour policies, a parental/guardian acknowledgement where appropriate, and a current Privacy Policy for staff data.
• If your business touches regulated child employment (for example, entertainment), ensure you hold the right authority and follow the conditions set by the NSW Office of the Children’s Guardian.

If you would like a consultation on employing young workers in NSW or setting up compliant hiring and rostering for juniors, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.