Country profile AUS
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1914 | C182 | Criminal Code Act 1995 (Cth) - Sections 309 and 310 | [{"link_name":"Criminal Code Act 1995 (Cth)","source_link":"https://www.legislation.gov.au/C2004A04868/latest/text"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | The Australian Government has comprehensive legislative, policy and operational frameworks to prevent, disrupt and prosecute these crimes and protect victims and survivors. These include offences in Divisions 309 and 310 of the Criminal Code Act 1995 (Cth) (Criminal Code) which target adults who exploit and endanger children in the illicit drug industry. This is complemented by other criminal offences at the state and territory level. Australia’s Criminal Code offences for trafficking in persons, slavery and slavery-like practices cover exploitation in any industry or setting. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1914 | C182 | Criminal Code Act 1995 (Cth) - Sections 272.15, 272.15A, 273.6, 471.25, 471.25A, 474.27, 474.27AA | [{"link_name":"Criminal Code Act 1995 (Cth)","source_link":"https://www.legislation.gov.au/C2004A04868/latest/text"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | The Criminal Code Act 1995 (Cth) (Criminal Code) offences combats child abuse online, outside of Australia and through the postal service, which cover a range of conduct including engaging in sexual activities with children overseas, child abuse material offences (Section 273.6), and grooming / procuring behaviours (Sections 272.15, 272.15A, 471.25, 471.25A, 474.27, 474.27AA), (complemented by other criminal offences at the state and territory level); Criminal Code offences for trafficking in persons, slavery and slavery-like practices, which cover exploitation in any industry or setting. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1903 | C182 | Defence Act | [{"link_name":"Defence Act","source_link":"https://www.legislation.gov.au/Series/C1903A00020"}] | N/A | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | There is no conscription in Australia and the voluntary recruitment age is over 16.5 years or 16 years for the Australian Defence Force Academy. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1995 | C182 | Criminal Code Act 1995 (Cth) - Sections 270.3, 270.5, 270.6A, 270.7 , 270.8, 271.4, 271.7 | [{"link_name":"Criminal Code Act 1995 (Cth)","source_link":"https://www.legislation.gov.au/C2004A04868/latest/text"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | According to Section 271.4 of the Criminal code, regarding the offence of trafficking in children (1) A person (the first person) commits an offence of trafficking in children if: (a) the first person organises or facilitates the entry or proposed entry into Australia, or the receipt in Australia, of another person; and (b) the other person is under the age of 18; and (c) in organising or facilitating that entry or proposed entry, or that receipt, the first person: (i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt; or (ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt. The penalty is imprisonment for 25 years. In addition, Section 271.7 criminalises domestic trafficking in children , with penalties of up to 25 years’ imprisonment; Section 270.3 criminalises slavery (including all circumstances where a child or other person is ‘sold’) , with penalties of up to 25 years’ imprisonment; section 270.5 criminalises slavery-like practices including servitude while Section 270.6A punishes forced labour, and Section 270.7 punishes deceptive recruiting for labour or services. Besides, forced marriage is criminalized in Section 270.7B of the Text and debt bondage is criminalized in its section 270.7C. According to Section 270.8, slavery-like offence committed against a victim under 18 is an aggravated offence, with penalties of up to 20 years’ imprisonment. These offences (other than domestic trafficking) have universal or extended geographical jurisdiction. |
| List of hazardous activities prohibited for children | N/A | C138 & C182 | Commonwealth, state and territory laws, including work health and safety regulations, child employment laws, and sector-specific restrictions | [{"link_name":"N/A","source_link":"N/A"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Hazardous work in Australia is regulated and determined through a combination of Commonwealth, state and territory laws, including work health and safety regulations, child employment laws, and sector-specific restrictions (see "Minimum age for hazardous work" section). |
| Minimum age for hazardous work | N/A | C138 & C182 | Model Work Health and Safety Regulations - Section 336 ; Commonwealth, state and territory work health and safety laws and regulations, state and territory compulsory education, child employment and protection legislation, sector specific legislation | [{"link_name":"Model Work Health and Safety\r\nRegulations","source_link":"https://www.safeworkaustralia.gov.au/sites/default/files/2024-11/model-whs-regulations-1_september_2024.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Australia has a legal framework which limits, in most fundamental respects, any possibility that children engage in hazardous work. For instance, Section 336 of the Model Work Health and Safety Regulations stipulates that a person conducting a business or undertaking must not direct or allow a worker to supply a hazardous chemical that is a flammable gas or flammable liquid to another person into any container or vehicle provided by that other person unless the worker is at least 16 years of age. This includes Commonwealth, state and territory work health and safety laws and regulations, state and territory compulsory education, child employment and protection legislation. Sector specific legislation places additional limitations and conditions on children working in certain industries or engaging in certain work activities. |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"No information","source_link":"https://www.legislation.gov.au/C2009A00028/latest/text"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | No information was found in the Australian legal framework regarding the minimum age for admission to apprenticeship. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | No information | C138 | No information | [{"link_name":"No information","source_link":"https://www.legislation.gov.au/C2009A00028/latest/text"}] | No information | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | No information was found in the Australian legal framework regarding the age at which compulsory schooling is completed. |
| Light work - Determination of types and conditions of activities | 2009 | C138 | Fair Work Act | [{"link_name":"Fair Work Act","source_link":"https://www.legislation.gov.au/C2009A00028/latest/text"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | The Fair Work Act 2009 does not specifically define light work, leaving the determination of types and conditions to state and territory laws. |
| Minimum age for light work | 2009 | C138 | Fair Work Act | [{"link_name":"Fair Work Act","source_link":"https://www.legislation.gov.au/C2009A00028/latest/text"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | At the federal level, there is no specific legislation on the minimum age for light work in the Fair Work Act 2009 (Cth), however, this is covered variously in state and territory law and practice (see "Minimum age for admission to work" section). |
| Minimum age for admission to work | 2009 | C138 | Fair Work Act | [{"link_name":"Fair Work Act","source_link":"https://www.legislation.gov.au/C2009A00028/latest/text"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | C138 entered into force for Australia on 13 June 2024. The Minimum age for admission to work specified when ratifying C138 was 15 years. Nationally, the Fair Work Act 2009 (Cth) provides overarching legislation covering minimum conditions, standards and protections for all workers in the national system, including young workers. Laws specifically relating to children’s employment are a combination of state and territory compulsory education legislation, child employment/protection legislation, and work, health and safety legislation. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 13-JUN-2023 | Source |
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 19-DEC-2006 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| This comprehensive strategy is implemented through two main action plans: the "First Action Plan 2023-2026" and the "Aboriginal and Torres Strait Islander First Action Plan 2023-2026." First Action Plan 2023-2026: Main Objectives: This plan aims to improve the safety and well-being of all Australian children, particularly those who are disadvantaged or vulnerable. It focuses on reducing harm and neglect through early intervention and support services, promoting the well-being of children and their families, and ensuring their voices are central to the implementation of these actions. Aboriginal and Torres Strait Islander First Action Plan 2023-2026. Main Objectives: This plan specifically addresses the unique needs of Aboriginal and Torres Strait Islander children. It aims to reduce their over-representation in child protection systems and improve their overall safety and well-being. The plan includes targeted actions and activities developed in close consultation with Indigenous communities to ensure culturally appropriate support and intervention. Importantly, Safe and Supported is the key national mechanism for delivering on Closing the Gap Target 12, which aims to reduce the over-representation of Aboriginal and Torres Strait Islander children in out-of-home care. | [{"link_name":"National Framework for Protecting Australia\u2019s Children 2021-2031","source_link":"https://www.dss.gov.au/our-responsibilities/families-and-children/programs-services/protecting-australias-children#:~:text=Triple%20Zero%20(000)-,Safe%20and%20Supported%3A%20the%20National%20Framework%20for%20Protecting%20Australia%27s%20Children,free%20from%20harm%20and%20neglect."}] | 2021-2031 | Safe and Supported: the National Framework for Protecting Australia’s Children 2021-2031 | Department of Social Services, Australian Government |