Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age (Fishermen) Convention, 1959 (No. 112) - Australia (Ratification: 1971)

The Committee notes the detailed information contained in the Government’s report and the attached documentation.

Article 2 of the Convention. Minimum age. The Committee notes that the legislation of the six states and two territories establishes the ages at which compulsory schooling begins and ends (six and 15 years respectively in most cases). However, each of these laws provides for the possibility for the competent authority to exempt a child from this obligation. The Committee draws the Government’s attention to the fact that, under the terms of Article 2, paragraph 1, of the Convention, children under the age of 15 years shall not, subject to certain exceptions, be employed on fishing vessels. Paragraph 2 of this provision allows certain exceptions for activities performed during school holidays and paragraph 3 establishes that national laws or regulations may provide for the issue of certificates permitting children of not less than 14 years of age to be employed, provided that such employment will be beneficial to the child and that due regard is had to the health and physical condition of the child and to the prospective as well as to the immediate benefit to the child of the employment proposed.

While recalling its previous comments on this point, the Committee requests the Government to indicate whether exemptions from compulsory schooling continue to be issued by the competent authorities in the various states and their approximate number, and to indicate whether such exemptions relate to the employment of children under the age of 15 years on fishing vessels. Furthermore, the Government is requested to indicate the measures taken to ensure that this possibility is only available for children of not less than 14 years of age after authorization has been issued in accordance with the conditions set out in Article 2, paragraph 3, of the Convention. The Committee also requests the Government to indicate whether children under the age of 15 years may occasionally take part in activities on board fishing vessels during school holidays.

Furthermore, the Committee wishes to raise certain specific points which only concern particular states or territories.

End of compulsory schooling. (Victoria). The Committee notes the Government’s statement that the priority for all children, at least to the age of 15 years, is education. However, it notes that section 3 of the Education Act 1958 establishes compulsory schooling from six to 14 years of age (paragraph 1) and provides that the Government may fix a date from which compulsory schooling will be extended up to 15 years of age (paragraph 2). The Committee requests the Government to indicate whether the age of completion of compulsory schooling has been raised to 15 years in accordance with this provision.

Work experience arrangements. (Queensland). The Committee notes that section 6(1) of the Education (Work Experience) Act 1996 permits educational establishments to make work experience arrangements for their students. The Committee requests the Government to indicate whether the employment of children under the age of 15 years on fishing vessels is permitted within the framework of such arrangements.

Dangerous work. (New South Wales and Northern Territory). The Committee notes that in New South Wales section 222 of the Children and Young Persons (Care and Protection) Act, 1998, No. 157 provides that a person who causes or allows a child under 15 years of age to take part in any employment in the course of which the child’s physical or emotional well-being is put at risk is guilty of an offence. The Committee also notes that, under the terms of section 93 of the Community Welfare Act of the Northern Territory, it is not permitted to employ a child under the age of 18 years in activity dangerous to her or his health or safety, except with and in accordance with the consent in writing of the Minister of Health and Community Services. The Committee requests the Government to specify whether work on fishing vessels is considered to be dangerous and therefore subject to these provisions.

Work on a fishing vessel. (Victoria). The Committee notes with interest that section 12(1)(b) of the new Child Employment Act 2003 prohibits work by children under 15 years of age on fishing boats, other than boats operating on inland waters.

Part V of the report form. The Government is requested to provide a general appreciation of the manner in which the Convention is applied in practice in the various states and territories, including, for instance, extracts from reports of the inspection services and, if possible, statistics on the importance of the fishing sector and the number of workers employed in the sector, the number and nature of the contraventions reported, etc.

Finally, the Committee takes this opportunity to draw the Government’s attention to the decision taken by the Governing Body with regard to the Convention following its examination by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000).

The Governing Body decided to invite the States parties to Convention No. 112, which include Australia, to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 112 involves the immediate denunciation of the latter Convention if the State accepts the obligations of Convention No. 138 for maritime fishing and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention, or if it specifies that Article 3 (establishing a higher minimum age for hazardous types of work) of Convention No. 138 applies to maritime fishing.

The Governing Body also invited the States parties to Convention No. 112 to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13-17 December 1999), in consultation with the organizations of employers and workers concerned. According to these conclusions, the minimum age for admission to employment and work in the maritime fishing industry should in no case be lower than 16 years and this activity should be considered as hazardous within the meaning of Article 3 of Convention No. 138.

The Committee requests the Government to indicate the measures adopted or envisaged to give effect to the decisions of the Governing Body.