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Hiring young workers can be an exciting opportunity for both employers and young Australians looking to gain skills and work experience early on. However, understanding the ins and outs of the legal age of employment – and your responsibilities as an employer – is crucial to doing the right thing by your team, your business, and the law.
Questions like “what’s the legal age to work?”, “how old do you have to be to work in Australia?”, and “how long can 15 year olds work?” come up often – especially if you’re running a business in retail, hospitality, or any sector that hires minors. The rules can be complex, and they vary depending on your state, which makes compliance especially important for small businesses.
In this guide, we’ll walk you through everything you need to know about the minimum age of employment in Australia, employer responsibilities when hiring young staff, practical tips, and what legal documents and policies you’ll need to protect your business from risk. If you want to make sure your hiring process is watertight, keep reading – or reach out to Sprintlaw for a quick chat about your specific situation.
What Is The Legal Age Of Employment In Australia?
The question “what age can you work?” doesn’t have a one-size-fits-all answer in Australia. Unlike some other countries, there is no nation-wide minimum age to start working set by the federal government. Instead, laws regulating the minimum employment age (sometimes called the “minimum work age”) are set individually by each state and territory.
That means the legal age to start working, the types of work permitted, and the number of hours allowed for young workers can all depend on where your business is based. Below, we break down some of the key points for each major state so you know what to check for.
Minimum Age Of Employment In Different States
- Victoria: The minimum age to start work is generally 13, however, there are strict conditions placed on employment of kids under 15 (such as the need for a Victorian Child Employment Licence). There are also limits on hours and the type of work young people can do.
- New South Wales: There is no specified minimum age for most jobs, but you must be 14 and 9 months for some work (like delivering newspapers). There are rules about hours when school is in session – school must always come first.
- Queensland: The minimum age for paid work (outside of family businesses or the entertainment industry) is 13, unless you’re delivering newspapers or advertising material, where the minimum age is 11.
- Western Australia: Children can work from age 13 in retail or food businesses, but not before 6am or after 10pm. There are also additional rules if the work involves selling takeaway food.
- South Australia, Tasmania, ACT, NT: These states/territories don’t set a specific minimum employment age, but do enforce “fit for age” work requirements and rules to protect education and health.
If you’re unsure, always check with your state’s Department of Industrial Relations or equivalent, as the rules may update or be nuanced depending on the type of work and whether the job is during term time, weekends, or school holidays.
What Kind Of Work Can Young People Do?
Regardless of the minimum age, there are always restrictions on the type of work a minor can undertake. Typically, work must be “suitable for the age” and not harmful or exploitative.
- No dangerous or hazardous roles (e.g., heavy lifting, exposure to chemicals, or adult entertainment industries).
- No work during school hours or at times that might interfere with schooling or well-being.
- Strict bans on some industries, including licensed premises (alcohol service) for those under 18, unless special exceptions apply.
For some jobs – such as working in a family business or performing in entertainment – different rules or exemptions may apply. Always seek advice for your particular setup, as getting it wrong can result in fines or harm to your business reputation.
How Many Hours Can Young People Work In Australia?
Another common question is, “how long can 15 year olds work?” or “what working hours apply for young staff?”
Hours are tightly regulated. For example, in Victoria, children aged 13 and 14 can work for up to 3 hours per day and up to 12 hours per week during school terms. In Queensland, similar rules apply: no more than 4 hours on a school day and 8 hours on a non-school day.
Some key rules around child employment hours include:
- No work for children (typically under 15) during school hours
- Strict maximum shift lengths and total weekly hours
- Mandatory rest breaks and meal breaks for longer shifts
- Not permitted to work late at night or early mornings (exact cut-off times depend on state legislation)
It’s crucial for employers to double-check the details in their state and document scheduled hours carefully. Breaching these rules can have serious legal and reputational consequences.
What Are Employer Responsibilities When Hiring Young Workers?
If you’re looking to hire staff who are under 18, it’s not just a matter of checking their age. As an employer, you hold key responsibilities to ensure their safety and well-being at work.
Here’s what you’ll need to consider:
- Child Employment Permits/Licences: In some states (e.g. Victoria), you must obtain a special child employment permit or licence before a minor can start work. This includes submitting specific details about the role, intended hours, and workplace conditions. Failing to obtain a permit may result in fines or penalties.
- Parent or Guardian Consent: Written consent from a parent or guardian is often required for younger employees.
- Safe Work Environment: As with all employees, you must follow Australian work health and safety laws to provide a safe workplace for minors. Young workers may need extra training, supervision, and risk assessments because of their age and inexperience.
- Comply With Child Protection Laws: You must comply with both state and federal child protection laws, including mandatory reportable conduct schemes.
- Fair Treatment & Equal Opportunity: Anti-discrimination and harassment policies must be in place to prevent bullying, discrimination, or exploitation of younger staff.
- Pay Legal Minimum Wage & Conditions: Young workers are usually entitled to minimum pay rates under Modern Awards or the National Minimum Wage (with different junior rates depending on age). They also get superannuation if eligible, and leave entitlements if engaged as part-time or full-time employees.
In addition to legal obligations, it’s simply good business practice to create an environment where young employees feel supported. This not only helps you stay compliant but also builds a positive culture and reduces staff turnover.
Do I Need Special Contracts Or Legal Documents For Young Employees?
Yes. If you’re hiring staff under 18, or any employee for that matter, proper legal documentation is essential to protect everyone involved – especially given the additional responsibilities towards minors.
Key legal documents you should consider include:
- Employment Agreement: Outlines the rights and duties of the employer and employee, start date, pay, hours, and termination process. Should include clauses covering safeguarding, hours compliant with local laws, and minimum entitlements.
- Parental/Guardian Consent Forms: For minors, written consent from parents or guardians is best practice and may be required by law in your state.
- Workplace Safety Policies: Ensures all workers, including young staff, understand workplace safety procedures and reporting mechanisms.
- Anti-Bullying & Harassment Policy: Outlines your commitment to preventing bullying or discrimination at work.
- Performance Management Policies: Sets out fair and transparent rules for supervising and providing feedback to all staff, including juniors.
Not every business will need every document, but you’ll need at least an employment contract and basic workplace policy suite. Getting these documents drafted or reviewed by a legal expert ensures your templates are up to date and legally compliant – tailored to your state’s requirements and your business’s risk profile.
What Other Legal Requirements Should I Be Aware Of?
Beyond minimum age laws and employment contracts, make sure your business is complying with the other core areas of law that apply across the board:
- Fair Work Laws: All employees are covered by the Fair Work Act 2009. You must provide Fair Work Information Statements to any new starters, keep proper records, and pay correct entitlements.
- Privacy and Data Protection: If you collect personal information (even from job applicants), you may need to comply with the Privacy Act and have a Privacy Policy in place. This is especially important if you’re storing ID or sensitive information about minors.
- Insurance: Check that your workers compensation insurance covers under-18 workers. If you don’t have the right policy in place, you could be exposed if there’s a workplace accident.
- Working With Children Checks: Some jobs, especially those involving child care or vulnerable groups, require Working With Children Checks for adult staff. If your business fits this description, don’t skip this step.
Common Questions About The Legal Age Of Employment
What Age Do You Have To Be To Work In Australia?
Typically, you can start work at 13 in most states for non-hazardous jobs, though there are exceptions (as low as 11 for some delivery jobs). Each state and industry adds its own rules, so always check your local law.
What Is The Minimum Age To Work In Australia?
There is no single national minimum working age, but most states start at 13 for general work, with additional protections for anyone under 15. A few roles or regional areas may permit younger children in very limited circumstances.
How Long Can 15 Year Olds Work?
This varies by state – generally, there are limits like a maximum shift length (e.g. 3-4 hours per day on school days) and a set number of hours per week during school term. Always check both state rules and relevant Modern Award or enterprise agreement, as these may create additional limits for your industry.
What Happens If I Get The Minimum Employment Age Wrong?
Hiring a child who is too young, or allowing them to work more hours or do riskier work than allowed, can result in penalties for your business. It can also void your insurance cover in the event of an incident, so it’s always worth a quick compliance check first.
Key Takeaways
- The legal age of employment in Australia is set by state and territory law – there’s no single answer nationwide. Most states set 13 as the minimum work age for non-hazardous jobs, with tighter rules for those under 15.
- You must comply with local rules around working hours, types of permitted work for minors, and must often obtain special licences or parental consent for child employees.
- Essential legal documents when hiring young staff include employment agreements, workplace safety policies, and consent forms. These should be designed for your state and your business scenario.
- Always ensure compliance with broader employment, anti-discrimination, and workplace safety laws for all staff – young workers included. Don’t forget privacy policies if handling sensitive data.
- Breaches can result in significant fines, reputational damage, or insurance risks, so a proactive compliance check is critical. Having legal documents drafted or reviewed by a professional makes compliance simpler and more robust.
If you would like a consultation on staying compliant when hiring young workers – or need help preparing the right legal documents for your business – you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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