Worst Forms of Child Labour Convention, 1999 (No. 182) - Australia (Ratification: 2006)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. Provincial legislation. Victoria. In reply to its previous comments concerning prohibiting children under the age of 18 years from engaging in work that are likely to be harmful to their health, safety and morals, the Government states that specified legislation and related policies and practices prohibit children under 18 years from undertaking hazardous work. The Government indicates that this is achieved through the combined application of Victorian legislation including the Child Employment Act, Fisheries Act, Road Safety Act, Building Act, Occupational Health and Safety (OHS) Act and Regulations, Gambling Regulation Act 2003, and Liquor Control Act of 1998. The Committee accordingly notes that while persons under 18 years of age are prohibited from performing certain work under the Liquor Control Reform Act and Gambling Regulation Act, the Road Safety Act prohibits children under 16 years from engaging in any employment which requires driving a motor vehicle. The Building Act and the Fisheries Act does not explicitly require the attainment of a particular age for performing any work under these Acts. With regard to the agricultural sector which is regulated by WorkSafe Victoria, children under 16 years are prohibited from using quad bikes and to drive a tractor while the Chemical users’ permit shall be granted to children under 18 years for a limited range of chemicals. The OHS Regulations prohibits persons under the age of 18 years from performing hazardous and high risk works such as scaffolding and rigging, crane, hoist, forklift and pressure equipment operation while handling of hazardous chemicals are prohibited to persons under 16 years. The Committee further notes the Government’s indication that the OHS Act requires employers to provide safe workplace for all employees irrespective of age.

Queensland. Following its previous comments concerning information on the number of children between 16 and 18 years who are working in underground mines and quarries, the Government indicates that the Resources Safety and Health Queensland (RSHQ) collect data concerning the ages of workers involved in events that cause, or have the potential to cause, a significant adverse effect on the safety or health of a person. The Committee notes the Government’s statement that this data which is categorized based on the hazards identified, type of incident, major equipment and worksite location does not show any high-potential incidents relating to workers aged between 16 and 18 years.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography and for pornographic performances. Provincial legislation. New South Wales (NSW). In its previous comments, the Committee noted that Division 15A of the Crimes Act which deals with offences related to child pornography applied only to children under 16 years of age. The Committee therefore urged the Government to take the necessary measures to extend this prohibition up to 18 years.

The Committee notes the Government’s reference in its report to section 91D of the Crimes Act concerning promoting or engaging in acts of child prostitution which include sexual services by children under 18 years of age. The Government also indicates that where a relevant act involving a child over the age of 16 occurs without that child’s consent, numerous other offences may also apply, including sexual assault and related offences under Division 10 of Part 3 of the Crimes Act, and offences relating to voyeurism and the recording and distribution of intimate images under Divisions 15B and 15C of the Crimes Act. The Government states that despite the distinction drawn between children under the age of 16 and 18 for child abuse material offences, the NSW Government considers that the commercial sexual exploitation of children under the age of 18 is prohibited in NSW.

While noting that the NSW legislation provides protection to children under 16 years of age regarding their involvement in the production of child abuse material and to children above 16 years if they do not consent, the Committee once again emphasizes the importance of distinguishing between the age of sexual consent and the age for protection from commercial sexual exploitation. The Committee considers that all persons under the age of 18 years are entitled to be protected absolutely from commercial sexual exploitation, and that neither the age of consent nor the physical appearance of a child affects the obligation to prohibit the worst forms of child labour. Therefore, recalling that by virtue of Article 3(b) of the Convention the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances is considered to be one of the worst forms of child labour and, under the terms of Article 1, this worst form of child labour shall be prohibited as a matter of urgency, the Committee once again urges the Government to take the necessary measures to specifically extend this prohibition up to 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities. Provincial legislation. Northern Territory. In its previous comments, the Committee noted the Government’s information that the Department of Justice would develop a proposal to the Minister of Justice and Attorney-General, for considering a provision being inserted to the Criminal Code Act prohibiting the use, procuring or offering of a child for the purpose of illicit activities. It therefore urged the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for illicit activities.

The Committee notes with satisfaction that a new provision which prohibits the recruitment of children under 18 years to engage in criminal activity has been introduced under section 148F of the Criminal Code Amendment Act No 6 of 2021.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography and for pornographic performances. Queensland. In its previous comments, the Committee noted that the provincial legislation in Queensland only prohibited the use, procuring or offering of a child under 16 for the production of pornography or for pornographic performances. It noted, however, that section 18 of the Classification of Publication Act which deals with the procurement of minors for the production of child abuse photographs, section 43 of the Classification of Films Act which deals with the procurement of minors for objectionable films and section 28, which deals with obtaining a minor for objectionable computer games do not provide for a definition of a “minor”. The Committee requested the Government to indicate the provision which defines a “minor” as a person under the age of 18 years.

The Committee notes the Government’s information in its report that Schedule 1 of the Acts Interpretation Act 1954 provides for a list of definitions for commonly used words and expressions, including the definition of “minor”, which refers to an individual who is under 18.

Clause (c). Use, procuring or offering of a child for illicit activities. Provincial legislation. Western Australia. In its previous comments, the Committee noted that the Misuse of Drugs Act 1981 did not specifically prohibit the use of children in the production and trafficking of drugs. It also noted that according to section 193 of the Children and Community Services Act 2004 (CCS Act), the Chief Executive Officer of the Department of Child Protection had the power to prohibit or limit the employment of a child (defined as persons under the age of 18 years), by written notice given to the parent of the child, if the officer was of the opinion that such employment or the nature or extent of the work carried out by that child was likely to jeopardize the well-being of that child. The Committee observed, however, that the provisions under the CCS Act applied only in cases where a child is “employed” in work that may jeopardize the well-being of the child and which may be prohibited or limited by the Chief Executive Officer by issuing notice to the child’s parents. The Committee also noted the Government’s indication that the Department of Child Protection had not received any reports since 2010 concerning the employment of children for the production and trafficking of drugs.

The Committee notes the Government’s information that, according to section 33(3) of the Misuse of Drugs Act 1981, a person who incites another person to commit, or becomes an accessory after the fact to, an offence under this Act commits the offence itself and is liable to imprisonment for a term up to 14 years. The Government also indicates that where it is determined that a child is being employed (used or engaged in any arrangement) in illicit activities, the Department for Child Protection and Family Support will refer the situation to the police. The Department will also undertake a child protection assessment to determine the safety and well-being of the child, and take further action as necessary.

Northern Territory. In its previous comments, the Committee noted the Government’s information that the Department of Justice would develop a proposal to the Minister of Justice and Attorney-General, for considering a provision being inserted to the Criminal Code Act prohibiting the use, procuring or offering of a child for the purpose of illicit activities.

The Committee notes the Government’s information that there are no changes made in this regard. The Committee therefore urges the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs in the Northern Territory, and to provide information on any progress made in this regard.

Article 3(d). Hazardous work. Provincial legislation. Queensland. The Committee previously noted that the Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999 prohibit children under the age of 16 years from working underground. The Government stated that section 42 of the Coal Mining Safety and Health Act 1999 and section 39 of the Mining and Quarrying Safety and Health Act 1999, ensure the safety and health of all workers permitted to work in mines, irrespective of age. The Committee also noted that, although the Government of Queensland adopted the Work Health and Safety Act 2011 and its regulations prohibiting the work of persons under 18 years in high-risk works as listed in schedule 3 of the regulations, this list does not include work in underground mines.

The Committee notes the Government’s indication that appropriate protection is afforded to all workers in the mining industry, including children between the ages of 16 and 18 years, through the Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999, as well as complementary regulations that control mining and quarrying industry hazards. Pursuant to sections 83–85 of the Coal Mining Safety and Health Regulations 2001, no one shall carry out tasks at the mine unless the person has completed induction training and been assessed as competent, for which the site senior executive is responsible. Similarly, sections 91 and 93 of the Mining and Quarrying Safety and Health Regulation 2001 require a site senior executive to ensure each worker at a mine is trained, including undertaking appropriate induction training and other necessary trainings, and that workers are periodically assessed to ensure that the worker has adequate knowledge and understanding of the processes to be carried out and has the skills to carry out processes.

The Committee also notes that, according to the Queensland Mines and Quarries Safety Performance and Health Report (2016–17), there are around 47,000 workers engaged in the industry in 2016–17 (page 13), while the number of serious accidents in Queensland overall increased from 60 in 2014–15 to 75 in 2016–17 (page 16). The Committee requests the Government to provide information on the number of children between 16 and 18 years of age working in underground mines and quarries, and the number of them who have encountered occupational accidents or diseases.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU) received on 4 October 2017.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography and for pornographic performances. Provincial legislation. New South Wales (NSW). In its previous comments, the Committee noted that Division 15A of the Crimes Act which deals with offences related to child pornography applied only to children under 16 years of age. The Committee also noted the introduction of “child abuse material” by the Crimes Amendment (Child Pornography and Abuse Material) Act 2010 which replaces the word “pornographic performances” and “child pornography” as used under Division 15A of the Crimes Act. According to section 91FB of the Crimes Amendment Act, “child abuse material” means material that depicts or describes, in a way that reasonable persons would regard as being, in all circumstances, offensive: (a) a person who is, or appears to be or is implied to be, a child as a victim of torture, cruelty or abuse; (b) or a person who is, or appears to be or is implied to be, a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons). The Government stated that since the age of sexual consent in NSW was 16 years, raising the definition of a child to 18 years for the purposes of child pornography would lead to criminalize the depiction of otherwise legal conduct. The Government also indicated that increasing the age for pornography or pornographic performances to 18 years would create difficulties for the prosecution while proving the age of the person depicted, as the physical differences between the appearance of a 17-year-old and a 19-year-old are less obvious than the physical differences between a 14-year-old and 16-year-old.

In this regard, the Committee notes the observations made by the ACTU that NSW is yet to take the necessary measures to extend the provisions prohibiting child pornography up to 18 years to ensure compliance with Article 3(b) of the Convention.

The Committee notes the Government’s information in its report that the Government of NSW is committed to protecting all young persons from being used in pornography without their consent. Children up to the age of 18 years, as well as adults, are protected from commercial sexual exploitation which involves threats or force. The Government indicates that it is an offence under section 80D of the Crimes Act 1900 to cause another person to enter into or remain in sexual servitude, which is defined as the commercial use or display of the body of the person providing the service for the sexual arousal or sexual gratification of others, by the use of force or threats. The maximum penalty for this offence is 15 years’ imprisonment. If the offence is committed against a person under 18 years, the maximum penalty is imprisonment for 20 years. Moreover, the Government of NSW recently introduced new criminal offences of intentionally taking or recording an intimate image of a person without consent, and of sharing an intimate image without consent (the Crimes Amendments (Intimate Images) Bill 2017, assented to on 27 June 2017).

While noting that the NSW legislation provides protection to children under 16 years of age regarding their involvement in the production of child abuse material and to children above 16 years if they do not consent, the Committee once again emphasizes the importance of distinguishing between the age of sexual consent and the age for protection from commercial sexual exploitation. The Committee considers that all persons under the age of 18 years are entitled to be protected absolutely from commercial sexual exploitation, and that neither the age of consent nor the physical appearance of a child affects the obligation to prohibit the worst forms of child labour. Consequently, recalling that by virtue of Article 3(b) of the Convention the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances is considered to be one of the worst forms of child labour and, under the terms of Article 1, this worst form of child labour shall be prohibited as a matter of urgency, the Committee once again urges the Government to take the necessary measures to extend this prohibition up to 18 years.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. Provincial legislation. Victoria. The Committee previously noted that section 12 of the Child Employment Act 2003 prohibits the employment of a child (defined as a person under the age of 15 years) in door-to-door selling, in a fishing boat, on a building or construction site or in any other prohibited work and the Mines Act 1958 prohibits the employment of children under the age of 14 years in a mine and children under the age of 17 years from working underground in any mine. The Committee therefore requested the Government to take the necessary measures to prohibit the employment of children under 18 years in work which is likely to be harmful to their health, safety or morals.

The Committee notes that no changes in legislation have taken place in Victoria in this regard. The Government states that the prescriptive measures contained in the Child Employment Act 2003 are considered suitable for children under the age of 15 years, and that occupational health and safety legislation contains obligations on employers to ensure that children over this age are protected from harm in workplaces. The Committee, therefore, again reminds the Government that by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children constitutes one of the worst forms of child labour and must be prohibited for all children under 18 years of age. The Committee also recalls that, by virtue of Article 1, the member States are required to take the necessary measures to prohibit the worst forms of child labour, as a matter of urgency. The Committee once again urges the Government to take the necessary measures to ensure that children under 18 years of age in Victoria are prohibited from engaging in work which is likely to be harmful to their health, safety or morals.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. Commonwealth (federal legislation). Following its previous comments, the Committee notes the Government’s statement that a number of practical initiatives assist with the application of Australia’s extraterritorial child sex offences. According to the Government’s report, the Australian Federal Police (AFP) works with state and territory police to investigate and apprehend travelling child sex offenders. The AFP receives referrals relating to suspected child sex offenders travelling overseas and monitors convicted child sex offenders through the Australian National Child Offender Register (ANCOR), a national database containing details of persons convicted of sexual offences or other serious offences against children, either domestically or while overseas. The Committee notes the Government’s indication that since 1995, the Commonwealth Director of Public Prosecutions has commenced a total of 43 prosecutions and sentenced a total of 28 defendants for offences related to child sex tourism.

Queensland. In its previous comments, the Committee noted that the provincial legislation only prohibited the use, procuring or offering of a child under 16 for the production of pornography or for pornographic performances. It also noted, however, that section 18 of the Classification of Publication Act which deals with the procurement of minors for the production of child abuse photographs, section 43 of the Classification of Films Act which deals with the procurement of minors for objectionable films and section 28, which deals with obtaining a minor for objectionable computer games do not provide for a definition of a “minor”. Noting the absence of response in the Government’s report, the Committee once again requests the Government to indicate the provision which defines a “minor” as a person under the age of 18 years and to provide the text thereof.

South Australia. The Committee previously noted that sections 63 and 63A of the Criminal Law Consolidation Act of 1935 prohibit the production, dissemination and possession of child pornography. It also noted that section 62 defines a child as a person under the age of 16 years. The Committee requested the Government to take the necessary measures to prohibit the use, procuring or offering of children under the age of 18 years for the production of pornography or for pornographic performances.

The Committee notes with interest the Government’s indication that the production of child pornography involving persons over 16 years is a criminal offence as per the provisions of the Summary Offences Act 1953, as amended. The Committee notes that according to section 33 of the Summary Offences Act, a person who produces, sells, exhibits, deposits, delivers indecent material or causes or permits a person to do any of these acts is guilty of an offence and shall be punishable with a fine of $20,000 or imprisonment for six months. It notes that the term “indecent material” includes any written, printed, picture, painting, photograph, film, video, computer data or record or any other material or object that is whole or in part of an indecent, immoral or obscene nature.

Clause (c). Use, procuring or offering of a child for illicit activities. Provincial legislation. Western Australia. In its previous comments, the Committee noted that the Misuse of Drugs Act 1981 did not specifically prohibit the use of children in the production and trafficking of drugs. It also noted that according to section 193 of the Children and Community Services Act, 2004 (CCS Act), the Chief Executive Officer of the Department of Child Protection had the power to prohibit or limit the employment of a child (defined as persons under the age of 18 years), by written notice given to the parent of the child, if he was of the opinion that such employment or the nature or extent of the work carried out by that child is likely to jeopardize the well-being of that child.

The Committee notes the Government’s indication that the Department of Child Protection has not received any reports from 2010 to up to now concerning the employment of children for the production and trafficking of drugs. The Committee observes, however, that the provisions under the CCS Act apply only in cases where a child is “employed” in work that may jeopardize the well-being of the child and which may be prohibited or limited by the Chief Executive Officer by issuing notice to the child’s parents. The Committee, therefore, requests the Government to indicate any legislation that makes it an offence to use, procure or offer a child for illicit activities, such as the production and trafficking of drugs.

Northern Territory. In its previous comments, the Committee noted the Government’s information that the Department of Justice would develop a proposal to the Minister of Justice and Attorney-General, for considering a provision being inserted to the Criminal Code Act prohibiting the use, procuring or offering of a child for the purpose of illicit activities. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate any progress made in this regard.

Article 3(d). Hazardous work. Provincial legislation. Queensland. The Committee previously noted that the Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999 prohibit children under the age of 16 years from working underground. It also noted the Government’s statement that section 42 of the Coal Mining Safety and Health Act 1999 and section 39 of the Mining and Quarrying Safety and Health Act 1999, ensure the safety and health of all workers permitted to work in mines, irrespective of age.

The Committee notes the absence of information in the Government’s report. The Committee notes that although the Government of Queensland has adopted the Work Health and Safety Act 2011, and its regulations prohibiting the work of persons under 18 years in high-risk works as listed in schedule 3 of the regulations, the Committee notes that this list does not include work in underground mines. The Committee, therefore, once again reminds the Government that under Paragraph 4 of Recommendation No. 190, the possibility of authorizing the employment or work of young persons as from the age of 16 years is subject to strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of authority. The Committee requests the Government to indicate the measures taken to ensure that underground work by young persons aged between 16 and 18 years is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity.

Article 5. Monitoring mechanisms. Interdepartmental committee on human trafficking (IDC). Following its previous comments, the Committee notes the Government’s information that since the establishment of Australia’s strategy to combat human trafficking and slavery in 2003, there have been seven cases of trafficking involving minors aged 15–17 years referred to the AFP for investigation, out of which one conviction for child trafficking was issued. The Government further indicates that the IDC and the Operational Working Group (OWG), a subcommittee of the IDC, have amended relevant policies to ensure that the Government provides appropriate assistance to minors who are victims of trafficking as well as to suspected victims of trafficking.

Application of the Convention in practice. The Committee notes the Government’s information that in Western Australia from 2010–14, five prosecutions were initiated for breach of section 190(1) of the Children and Community Services Act relating to the unlawful employment of children under the age of 15 years, for which penalties ranging from $2,000 to $30,000 were imposed on employers. In Victoria, a case was referred for prosecution in 2013–14 for an alleged breach of the Child Employment Act. In this case, 72 investigations were conducted following which six employers were issued with formal breach notices for an offence under this Act. In addition, during 2013–14, 20 workers’ compensation claims were received from workers under the age of 18 years.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU) received on 1 September 2014.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography and for pornographic performances. Provincial legislation. New South Wales (NSW). In its previous comments, the Committee noted that Division 15A of the Crimes Act which deals with offences related to child pornography applied only to children under 16 years of age. The Government stated that since the age of sexual consent in New South Wales was 16 years, raising the definition of a child to 18 years for the purposes of child pornography would lead to criminalize the depiction of otherwise legal conduct. Emphasizing that the age of sexual consent does not affect the obligation to prohibit this worst form of child labour, the Committee urged the Government to take the necessary measures to extend the prohibition on child pornography up to 18 years.

In this regard, the Committee notes the observations made by the ACTU that the NSW is yet to take the necessary measures to extend the provisions prohibiting child pornography up to 18 years to ensure compliance with Article 3(b) of the Convention.

The Committee notes the Government’s reference to the new definition of “child abuse material” introduced by section 91FB of the Crimes Amendment (Child Pornography and Abuse Material) Act 2010 which replaces the word “pornographic performances” and “child pornography” as used under section 91G and 91H of the Crimes Act. According to section 91FB of the Crimes Amendment Act, “child abuse material” means material that depicts or describes, in a way that reasonable persons would regard as being, in all circumstances, offensive: (a) a person who is, or appears to be or is implied to be, a child as a victim of torture, cruelty or abuse; (b) or a person who is, or appears to be or is implied to be, a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons). The Committee notes the Government’s indication that increasing the age for pornography or pornographic performances to 18 years would create difficulties for the prosecution while proving the age of the person depicted, as the physical differences between the appearance of a 17-year old and a 19-year old are less obvious than the physical differences between a 14-year old and 16-year old.

The Committee therefore observes that while the NSW legislation provides protection to children under 16 years with regard to their use in the production of child abuse material, children above 16 years may be protected if they appear to be under the age of 16 years. The Committee once again emphasizes the importance of distinguishing between the age of sexual consent and the age for protection from commercial sexual exploitation. The Committee considers that all persons under the age of 18 years are entitled to be protected absolutely from commercial sexual exploitation, and that neither the age of consent nor the physical appearance of a child affects the obligation to prohibit the worst forms of child labour. It again reminds the Government that the Convention lays emphasis on the age of a child and not the physical appearance of a child. Consequently, recalling that by virtue of Article 3(b) of the Convention the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances is considered to be one of the worst forms of child labour and, under the terms of Article 1, this worst form of child labour shall be prohibited as a matter of urgency, the Committee once again urges the Government to take the necessary measures to extend this prohibition up to 18 years, thereby specifying that the sexual freedom granted to children from 16 years of age by the penal legislation does not include the freedom to participate in pornographic performances.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. Provincial legislation. NSW, South Australia and Tasmania. The Committee previously observed that there was no legislative prohibition for hazardous work by children under 18 years of age in these three provinces. The Committee, therefore, requested the respective Governments to take the necessary measures to establish the minimum age for admission to hazardous work at 18 years, thereby bringing it into conformity with the provisions of the Convention.

The Committee notes with satisfaction that the governments of NSW, South Australia and Tasmania have adopted the Work Health and Safety Act 2012 (WHS Act) which extends the provisions relating to the protection of health and safety to all workers, including unpaid workers as well as the Work Health and Safety Regulation 2012 (WHS Regulation) which prohibits the employment of children under 18 years in high-risk work. The Committee notes that according to section 89(2)(d) of the WHS Regulation, a high-risk work license may be granted only to persons who are at least 18 years of age. “High-risk work” as per section 5 of the WHS Regulation includes any work set out in schedule 3 as being within the scope of a high-risk license. The Committee notes that schedule 3 of the WHS Regulation contains a list of 28 types of activities classified as high-risk work including: scaffolding, dogging, rigging, crane and hoist operations, reach stackers, forklift operation, and pressure equipment operation.

Victoria. The Committee previously noted that section 12 of the Child Employment Act 2003, prohibits the employment of a child (defined as a person under the age of 15 years) in door-to-door selling, in a fishing boat, on a building or construction site or in any other prohibited work and the Mines Act 1958 prohibits the employment of children under the age of 14 years in a mine and children under 17 years from working underground in any mine. Accordingly, the Committee requested the Government to take the necessary measures to prohibit the employment of children under 18 years in work which is likely to be harmful to their health, safety or morals.

The Committee notes that no changes in legislation have taken place in Victoria in this regard. The Committee, therefore, again reminds the Government that by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children constitutes one of the worst forms of child labour, and by virtue of Article 1, the member States are required to take the necessary measures to prohibit the worst forms of child labour, as a matter of urgency. The Committee again urges the Government to take the necessary measures to ensure that children under 18 years of age are prohibited from engaging in work which is likely to be harmful to their health, safety or morals.

The Committee is raising other matters in a request directly addressed to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. Commonwealth (federal legislation). Following its previous comments, the Committee notes the Government’s indication that under Australia’s federal system of government, the responsibility for domestic child sex-related offences, including child prostitution offences and child pornography offences rests primarily with states and territories. The Committee notes the Government’s indication that the Australian Parliament enacted the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010, which amended the Criminal Code of 1995 in order to improve the operation of Commonwealth child sex-related offences. This Act establishes penalties for extraterritorial child sex-related offences against all forms of sexual activity with children by Australians overseas. The Act includes offences related to grooming or procuring a child to engage in sexual activity outside Australia, using postal services or the internet to transmit child pornography and provides for higher penalties for carriage service child pornography offences. The Committee requests the Government to provide information on the application in practice of the above provisions on extraterritorial child-sex related offences.

Provincial legislation. New South Wales. The Committee had previously noted that sections 91G and 91H of the Crimes Act 1900, prohibit the use, causing or procuring of a child for pornographic performances as well as the production, dissemination or possession of child pornography. It had noted that “child” as used in these sections refers to children under the age of 16 years. The Committee notes the Government’s indication that the Crimes Amendment (Sexual Offences) Act 2008, amended division 15, Part 3, of the Crimes Act 1900 by separating child pornography offences from child prostitution offences. The Committee notes, however, that while Division 15, which now deals with child prostitution covers children under the age of 18 years, Division 15A which deals with offences related to child pornography still applies only to children under 16 years of age.

The Committee notes the several reasons put forward by the Government in its report for not raising the age for pornography to 18 years. The Government states that the age of sexual consent in New South Wales is 16 years, and if the definition of a child is raised to 18 years for the purposes of child pornography, it would lead to criminalize the depiction of otherwise legal conduct. Moreover, this would also create difficulties for the prosecution in proving that the material depicts or describes an underage child, as the physical differences in appearance of a 17 year old or 19 year old child is less obvious. The Government further states that this provision continues to provide some protection for young persons over 16 years who are portrayed as minors in child pornography specifically because they appear to be under the age of 16.

The Committee emphasizes that it is necessary to make a distinction between the age of sexual consent and the age for protecting children from commercial sexual exploitation. The Committee considers that all persons under the age of 18 years are entitled to be protected absolutely from commercial sexual exploitation, particularly child prostitution and child pornography.

Although the national legislation recognizes that a child of 16 years of age may lawfully consent to a sexual act, the Committee considers that the age of consent does not affect the obligation to prohibit this worst form of child labour. Moreover, while the Government states that the provision prohibiting child pornography for children under 16 years, gives some protection to children above 16 years of age who appear to be under the age of 16 years, the Committee must express its concern at the lack of protection of those children who are under the age of 16 years, but who appear to be above 16 years. It reminds the Government that the Convention lays emphasis on the age of a child and not the physical appearance of a child. Consequently, recalling that by virtue of Article 3(b) of the Convention the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances is considered to be one of the worst forms of child labour and, under the terms of Article 1, this worst form of child labour shall be prohibited as a matter of urgency, the Committee urges the Government to take the necessary measures to extend this prohibition up to 18 years, thereby specifying that the sexual freedom granted to children as from 16 years of age by the penal legislation does not include the freedom to participate in pornographic performances.

Victoria. The Committee had previously noted that sections 45, 47, 47A, 48 and 54 of the Crimes Act of 1958 provide for penalties for several offences related to the sexual exploitation of children under 16 years. The Committee had requested the Government to take the necessary measures to prohibit the use, procuring or offering of children under the age of 18 years for prostitution. The Committee notes the Government’s reference to section 60AC of the Crimes Act according to which a person guilty of committing an offence of sexual servitude against a person under the age of 18 years shall be liable to imprisonment for a maximum of 20 years. The offence of sexual servitude under section 60AB includes using, causing or inducing another person to provide commercial sexual services. It also notes that sections 60AD and 60AE establishes penalties for the offence related to the deceptive recruiting of persons under the age of 18 years for commercial sexual services. The Government further notes the Government’s indication that the Prostitution Control Act of 1994 makes it an offence to cause or induce a child to take part in prostitution (section 5); obtaining payment for sexual services provided by a child (section 6); agreement for the provision of sexual services by a child (section 7); and allowing a child to take part in prostitution (section 11). According to section 3 of this Act, a child means a person under the age of 18 years.

Queensland. In its previous comments, the Committee had noted that provincial legislation only prohibited the use, procuring or offering of a child under 16 for the production of pornography or for pornographic performances and had requested the Government to take the necessary measures to prohibit the use, procuring or offering of children under the age of 18 years for the production of pornography or for pornographic performances.

The Committee notes the Government’s information that the Classification of Publications Act 1991, Classification of Films Act 1991, and Classification of Computer Games and Images Act 1995 establish offences against procuring a minor in the making or production of an objectionable film, an RC publication or a child abuse photograph or obtaining a minor in the making or production of an objectionable computer game. The Committee notes, however, that section 18 of the Classification of Publication Act which deals with the procurement of minors for RC publication or child abuse photographs, section 43 of the Classification of Films Act which deals with the procurement of minors for objectionable film and section 28 which deals with obtaining a minor for objectionable computer games does not provide for a definition of a “minor”. It further notes that sections 12, 13, 14, 15, and 17 of the Classification of Publications Act prohibit the sale, possession, exhibition or production of child abuse publication or photographs. “Child abuse photograph” as defined under section 3 means a photograph depicting a child under 16 years, and “child abuse publication” means an RC publication that depicts or describes, in pictorial or other form, a person under 16 years of age. The Committee requests the Government to indicate the provision which defines a “minor” as a person under the age of 18 years and to provide the text thereof.

South Australia. The Committee had previously noted that sections 63 and 63A of the Criminal Law Consolidation Act of 1935 prohibit the production, dissemination and possession of child pornography. It had also noted that section 63B makes it an offence to incite or procure a child for the commission of an indecent act, which includes exposing any part of the body or making a photograph, image or other record of a child engaged in sexual acts and that a “child” is defined as a person under the age of 16 years (section 62). The Committee had requested the Government to take the necessary measures to prohibit the use, procuring or offering of children under the age of 18 years for the production of pornography or for pornographic performances.

The Committee notes the Government’s information that no changes have been made to these provisions. It notes the Government’s statement that this issue shall be referred to the responsible agency of the Government, South Australia’s Attorney-General’s Department, for consideration. Referring to its comments made on this issue on provincial legislation in New South Wales, the Committee expresses the firm hope that the South Australia’s Attorney General’s Department will take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for the production of pornography and for pornographic performances.

Tasmania. The Committee had previously noted that sections 124, 125, 125A and 125C of the Criminal Code Act of 1924 provide for penalties for several offences related to the sexual exploitation of young persons under 17 years. The Committee notes the Government’s information that, according to sections 8 and 9 of the Sex Industry Offences Act 2005, procuring, causing or permitting or soliciting and accosting a child (defined as a person under 18 years of age) to provide sexual services is punishable as an offence.

Clause (c). Use, procuring or offering of a child for illicit activities. Provincial legislation. New South Wales. Noting section 351A of the Crimes Act 1900 which makes it an offence to recruit a child under the age of 18 years to carry out or assist in the carrying out of a criminal activity, the Committee had previously requested the Government to indicate whether the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs, constitutes a crime pursuant to this provision. The Committee notes the Government’s statement that, according to section 351A of the Crimes Act, the term “recruiting” include counselling, procuring, soliciting, inciting or inducing, and “criminal activity” means conduct that constitutes a serious indictable offence which includes any indictable offence that is punishable by imprisonment for life or for a term of five or more years. The Committee notes the Government’s indication that this would include all the drug trafficking and production offences under the Drugs Misuse and Trafficking Act, 1985.

Western Australia. Following its previous comments, the Committee notes the Government’s information that, though the Misuse of Drugs Act 1981 does not specifically prohibit the use of children in the production and trafficking of drugs, the Children and Community Services Act, 2004 (CCS Act), contains provisions to protect children under the age of 18 years from being engaged in any employment that could cause them physical or moral harm. The Committee notes that according to section 193 of the CCS Act, the Chief Executive Officer of the Department of Child Protection has the power to prohibit or limit the employment of a child (defined as persons under the age of 18 years), by written notice given to the parent of the child, if he is of the opinion that such employment or the nature or extent of the work carried out by that child is likely to jeopardize the well-being of that child. The provisions further provide for serious penalties for employing or allowing employment of a child in contravention of a notice. The Committee requests the Government to indicate whether any written notices were issued by the Chief Executive Officer prohibiting the employment of a child in illicit activities, in particular the production and trafficking of drugs.

South Australia. Following its previous comments, the Committee notes that Part 5 of the Controlled Substances Act 1984 establishes penalties for the offences related to the sale, trafficking, manufacture and supply of controlled drugs (sections 32, 33, 33A). Section 33H further states that any person who procures a child (under the age of 18 years) to commit an offence against this Part is guilty of an offence.

Northern Territory. Following its previous comments, the Committee notes the Government’s indication that Part 3.2 of Chapter 3 of the Care and Protection of Children Act, 2008, contains provisions to protect children under the age of 18 years from being engaged in any employment which is likely to jeopardize the well-being of that child. Section 201 of this Act deals with the powers of the Chief executive Officer to prohibit or restrict the employment of a child, if he is of the opinion that such employment shall jeopardize the well-being of that child. The Committee further notes the Government’s information that the Department of Justice will develop a proposal to the Minister of Justice and Attorney-General, for considering a provision being inserted to the Criminal Code Act prohibiting the use, procuring or offering of a child for the purpose of illicit activities. The Committee requests the Government to provide information on any progress made in this regard.

Victoria and Tasmania. The Committee had previously requested the Government to indicate the measures taken to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities. With regard to Victoria, the Committee notes the Government’s information that using a child for criminal activities or inciting a person to commit a criminal act constitutes an offence under the Crimes Act 1958. It also notes that, according to section 71B of the Drugs, Poisons and Controlled Substances Act 1981, a person who supplies a drug to a child (under the age of 18 years) to supply that drug to another person is guilty of an indictable offence punishable with imprisonment for up to 15 years.

The Committee further notes the Government’s information with regard to Tasmania that section 298 of the Criminal Code 1924 makes it a crime to incite another person to commit crimes which include the production and trafficking of drugs.

Article 3(d). Prohibition of hazardous work. Provincial legislation. New South Wales. The Committee had previously observed that section 222 of the Children and Young Persons (Care and Protection) Act of 1998 established the age of admission to hazardous work at 15 years, and that it covered only paid employment. The Committee had requested the Government to indicate the measures taken to ensure that any work, whether paid or unpaid, that is likely to harm the health, safety and morals of children under 18 years of age is prohibited. The Committee notes the Government’s information that this matter has been brought to the attention of the Senior Officers Group (SOG) in the Workplace Relations Ministers’ Council and had been asked to report on options for harmonizing children’s employment rules. It further notes the Government’s indication that, according to the Regulatory Impact Statement for the Care and Protection Act, the Children’s Guardian, in order to formulate a proposal for amendment of the Act to address unpaid work by children, intends to consult other Australian jurisdictions where unpaid work by children is subject to specific legislation.

The Government further states that the Commonwealth and all Australian states and territories are contributing to the development of harmonized model work health and safety legislation. This approved draft Work Health and Safety Act (WHS Act) extends its scope of applicability to unpaid employment. New South Wales is expected to introduce the WHS Act into Parliament in 2010. The Committee finally notes the Government’ s statement that New South Wales is a signatory to the Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety, under which the provincial governments had agreed to harmonize the legislation by the end of 2011. The Committee expresses the firm hope that the Work Health and Safety Act which covers unpaid workers will be adopted in New South Wales very soon. It further expresses the hope that, in the process of harmonizing the health and safety legislation, the Government of New South Wales will take all the necessary measures to establish the minimum age for admission to hazardous work at 18 years, thereby bringing it into conformity with the provisions of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Queensland. The Committee had previously noted that the Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999 prohibit children under the age of 16 years from working underground. It had requested the Government to indicate the specific measures taken to ensure that employment of young persons aged between 16 and 18 years in underground work is not likely to jeopardize their health or safety. The Committee notes the Government’s statement that section 42 of the Coal Mining Safety and Health Act 1999 and section 39 of the Mining and Quarrying Safety and Health Act 1999, ensure the safety and health of all workers permitted to work in mines, irrespective of age. The Committee reminds the Government that under Paragraph 4 of Recommendation No. 190, the possibility of authorizing the employment or work of young persons as from the age of 16 years is subject to strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of authority. The Committee therefore urges the Government to take the necessary measures to ensure that underground work by young persons aged between 16 and 18 years is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No.190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. The Committee requests the Government to provide information on the progress made in this regard.

Western Australia. The Committee had previously observed that, other than section 10(4) of the Mines Safety and Inspection Regulations 1995 which prohibit the employment of children under 18 years in an underground mine, there are no other provisions that prohibit the employment of children under 18 years in hazardous work. It had also noted section 193 of the CCS Act which sets out the powers of the Chief Executive Officer to prohibit or limit the employment of children. It had further noted that, according to the Schools Education Act 1999, it is compulsory for all children aged 6–17 years to attend school, failing which the parents will be liable for penalty. The Committee had asked the Government to indicate the manner in which it is ensured that children between the ages of 17 and 18 years do not perform work which is harmful to their health, safety or morals. The Committee notes the Government’s statement that section 192 of the CCS Act which prohibits the employment of children to perform in an indecent manner combined with the wording of section 193(2) relating to the “well-being” of a child in employment is broad enough to ensure that children between the ages of 17 and 18 years of age do not perform work which is harmful to their health, safety or morals. The Committee further notes the Government’s information on the health and safety measures established for young persons under the Occupational Safety and Health Act 1984 (OSH) and OSH Regulations of 1996. The Committee requests the Government to indicate whether the Chief Executive Officer has prohibited any work by children pursuant to section 193 of the CCS Act.

South Australia. In its previous comments, the Committee had noted that there is no legislative prohibition for hazardous work by children under 18 years. It had also noted the Government’s indication that it intended to enact new legislation to improve protection for child workers. The Committee notes the Government’s information that amendments to the draft Bill for the protection of child workers are currently being considered and shall be introduced into Parliament by the end of 2010. The Committee trusts that the draft Bill for the protection of child workers will ensure that children under 18 years of age are protected from types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It expresses the firm hope that this Bill will be adopted soon, and requests the Government to provide information on any progress made in this regard.

Victoria. The Committee notes that, according to section 12 of the Child Employment Act 2003, a child (defined as a person under the age of 15 years) is prohibited from being employed in door-to-door selling, in a fishing boat, on a building or construction site or in any other prohibited work. In addition, the Mines Act 1958 prohibits the employment of children under the age of 14 years in a mine and children under 17 years from working underground in any mine.

Tasmania. The Committee had previously noted that there existed no legislative prohibition for hazardous work by children under 18 years of age. The Committee notes the Government’s information that section 9 of the Workplace Health and Safety Act 1995 requires an employer to ensure that an employee, including young persons, are competent to do the work, and to provide them a safe workplace. It also notes the Government’s information that work harmful to morals is not specifically addressed, but in practice would be acted upon if a complaint is made by the employee.

The Committee recalls that, by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children constitutes one of the worst forms of child labour, and by virtue of Article 1, the member States are required to take the necessary measures to prohibit the worst forms of child labour, as a matter of urgency. The Committee accordingly urges the governments of the provinces of Victoria and Tasmania to take the necessary measures to ensure that children under 18 years of age are prohibited from engaging in work which is likely to be harmful to their health, safety or morals.

Northern Territory. The Committee had previously noted the Government’s statement that it was in the process of enacting The Care and Protection of Children Act which contains provisions prohibiting the employment of children under 18 years of age in work harmful to their physical, mental or emotional well-being. The Committee notes with interest the Government’s indication that this Act has been adopted and that Part 3.2 of Chapter 3 of the Act sets out provisions dealing with hazardous work. The Committee requests the Government to supply a copy of the Care and Protection of Children Act along with its next report.

Article 4(1) and (2). Determination and identification of hazardous work. The Committee had previously noted that, except for Queensland, none of the other provincial legislations provided for a list of types of hazardous work prohibited to children under 18 years. The Committee had requested the Government to provide information on the measures taken to determine the types of hazardous work prohibited for children. The Committee observes the following information provided by the Government:

New South Wales  Other than the prohibition on employment of children for underground work in mines, no other work is identified as hazardous.

Victoria. In addition to the prohibition on children working in the mining industry, in prostitution, gaming venues and on licensed premises, the Child Employment Act makes it unlawful to employ a child in certain prohibited works which include: door-to-door sales; deep-sea fishing; employment on a building or construction site prior to lock-up stage; and any kind of employment declared to be prohibited by the Governor in Council. The Government further provides a list of 18 occupations, declared to be classes of employment where there is a higher risk of physical injury to children.

Western Australia. The Occupational Safety and Health Regulations prohibit the employment of children under 18 years of age at high-risk work activities of scaffolding, rigging, crane and hoist operation, forklift operation and pressure equipment operation.

South Australia and Tasmania. No works identified as hazardous for children under the age of 18 years.

Northern Territory. The National Standard for Licensing Persons Performing High Risk Work adopted on 30 June 2010, contains a list of high-risk work, such as crane and hoist operations, forklift operation, scaffolding work, dogging and rigging work, and pressure equipment operation. A high-risk license shall be issued only to persons who are at least 18 years of age.

Australian Capital Territory. Pursuant to section 798 of the Children and Young People Act 2008, the Minister, through the Children and Young People (High Risk Employment) Declaration of 2009, declared employment in an industry, occupation or activity that involves any of the following to be high-risk employment: use of dangerous machinery; use of dangerous substances; handling harsh or toxic chemicals; high elevation work; service of alcohol; gaming or gambling service; nudity and display of genitals; working with extreme temperatures; and heavy construction and excavation work.

The Committee notes that New South Wales, South Australia and Tasmania have not determined the types of work considered as hazardous for children under the age of 18 years. The Committee once again reminds the Government that in accordance with Article 4(1) of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again requests the Government to take the necessary measures to determine the types of hazardous work to be prohibited to persons under the age of 18 years, in New South Wales, South Australia and Tasmania, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. Interdepartmental committee on human trafficking. The Committee had previously noted the Government’s statement that an Interdepartmental Committee (IDC) to discuss key issues and developments on human trafficking had been established. The Committee notes the Government’s information that the IDC addresses the emerging issues on human trafficking and ensures that the anti-trafficking strategy remains relevant and effective on a whole-of-government basis. In 2008, an Operational Working Group (OWG) was established as a sub-committee of the IDC to provide a more formal mechanism to resolve operational issues that arise in the management of individual cases and plays an important role in referring emergency policy issues for the IDC’s consideration. It further notes that the IDC along with the Australian Government initiated several programmes and measures for combating human trafficking in Australia and overseas, such as the Asia Regional Trafficking in Persons Project. Moreover, the Australian Federal Police undertake preventive work, co-operative activities and regional training programmes to combat human trafficking within the Asia-Pacific region, and the Australian Institute of Criminology monitors trends and issues in human trafficking in the Asia-Pacific region and is developing a monitoring programme to gather data on human trafficking in Australia. The Committee requests the Government to provide information on the impact of the activities of the IDC and the OWG through the various programmes and measures initiated by the IDC and the Australian Government in combating the offences related to trafficking in children. It also requests the Government to provide information on the data related to trafficking in children collected under the monitoring programme developed by the Australian Institute of Criminology.

Article 7(1). Penalties. The Committee notes the Government’s information that, with regard to New South Wales, the Government increased the penalty for employing a child in an employment without authorization by the Children’s Guardian, or in contravention of an authority, from ten penalty units to 100 penalty units. It further notes that during the period 2008–09 the Children’s Guardian did not refer any matters for prosecution but issued four formal breach notices and 35 warnings and directions to take remedial action against employers. With regard to Western Australia, in 2009–10, there has been one prosecution by the labour inspectorate for breaches of the provisions related to child labour under the CCS Act 2004, for which a fine of $6,000 was imposed on the employer. The Committee requests the Government to continue providing information on the application of the penalties in practice in all the states and territories for the offences under Article 3(a)–(d) of the Convention.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the statistical information on child labour provided by the Government. According to the data issued by the Australian Bureau of Statistics in 2006, an estimated 6.6 per cent of all children aged 5 to 14 years worked at some time in the previous 12 months. Victoria and New South Wales shared the lowest proportion of working children. The most common occupation for boys involved delivering newspapers or leaflets, and work in farms, forestry and gardens, and for girls the most common occupation was sales work. From July 2005 to June 2008, 26 standard workers’ compensation claims were received from workers under the age of 15 working in sporting groups, newsagents and pharmacies.

According to the annual report of the Department of Justice and Attorney-General of Queensland, during the period 2007–08, a total of 4,287 child employees were audited, 28 complaints were received and one infringement notice was issued, and during the period from 2008–09, 18,939 child employees were audited, 27 complaints were received and 30 infringement notices were issued.

In Western Australia, 9.5 per cent of children (25,300) between the ages of 5 and 14 years worked during the 12 months to June 2006, and 39.8 per cent of children (34,016) between the ages of 15 and 17 years were employed in 2006. The Committee notes the Government’s information that the Compliance and Education Directorate has disseminated significant amounts of educative material about the laws governing the employment of children, as well as widespread media coverage of previous prosecutions, particularly of major fast food brands which had increased public awareness on child employment leading to a dramatic reduction in the number of prosecutions since 2008.

In the Australian Capital Territory, during the period from July 2008 to July 2010, only one standard worker’s compensation claim was received from a worker under the age of 18 years from the hospitality industry. The Committee requests the Government to continue providing information on the worst forms of child labour in the other states and territories, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s information that, according to sections 271.4 and 271.7 of the Commonwealth Criminal Code Act of 1995 (Criminal Code of 1995), as amended by the Criminal Code Amendment (Trafficking in Persons Offences) Act of 2005, a person who organizes or facilitates the transportation of a child under the age of 18 years into, or outside, Australia, as well as internal transportation for labour and sexual purposes shall be punished.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and force or compulsory labour. The Committee notes that the Criminal Code of 1995 criminalizes the offences related to slavery (section 270.3), and debt bondage (section 271.8). Section 271.8 of the Criminal Code of 1995 defines an offence of debt bondage and section 271.9 provides for aggravated offence when the victim is under the age of 18 years.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the information in the Government’s report that section 268 of the Commonwealth Criminal Code Act of 1995 was amended so as to include criminal penalties for those individuals who use, conscript or enlist children in either international or national armed conflicts. The Committee notes that, according to the Commonwealth Criminal Code Act of 1995, it is an offence to use, conscript or enlist a child under the age of 15 years in the national armed forces (sections 268.68(1)–(3)) whereas in other armed forces it is an offence if the person is under the age of 18 years (sections 268.68(4)–(6)). The Committee notes the Government’s statement that the minimum age for recruitment into the Australian Defence Force (ADF) is 17 years although the applicants must be at least 16 years and 6 months to apply to join the ADF. In addition, children under 18 years of age must have the written consent of their parent or guardian to join the ADF, prior to their enlistment or appointment. The Committee notes the Government’s statement that, though the Defence Force Ombudsman, in 2005 recommended to consider raising the enlistment age to 18 years, it was not accepted. The Defence argued that any move to increase the enlistment age to 18 years would severely affect the quality and quantity of recruits, particularly from those states and territories where students finish school at 17 years. The Defence believed that the Australian Defence Force Academy provided a reasonable framework for the transition from adolescence to adulthood and therefore wanted to maintain the recruitment age of 17 years. The Committee further notes the Government’s statement that the Defence has established a policy on the management and administration of under-age personnel serving in the ADF, such as: all feasible measures to ensure that under-age personnel do not participate in hostilities or be deployed in areas of operations where there is likelihood of hostile action; and to remove under-age personnel from the area of hostility to a safe area. The Committee notes that these measures apply to minors from the time they are enlisted until they are either discharged from the ADF, or reach 18 years.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. 
1. Commonwealth (federal legislation). The Committee notes that, by virtue of section 270.6 of the Commonwealth Criminal Code Act of 1995, sexual services offences apply to persons who cause another person to enter into or remain in sexual servitude or conduct a business that involves the sexual servitude of other persons. “Sexual servitude” as defined under section 270.4 is the condition of a person who provides sexual services, and who, because of the use of force or threat is not free to cease providing sexual services or to leave from the place or area where sexual services is provided. It also notes that section 270.7 of the Criminal Code of 1995 further provides penalties for the offences related to “deceptive recruiting for sexual services”, which covers the recruitment by deceit, of another person with the intention of inducing that person to engage in sexual services. According to section 270.8 of the Criminal Code of 1995, sexual servitude and deceptive recruiting offences, if committed against a person under the age of 18 years, amounts to an aggravated offence, for which a higher penalty applies. The Committee notes, however, that the offences of sexual servitude and deceptive recruiting require the involvement of force or threat and there seems to be no prohibition of “using” a child under the age of 18 years for prostitution where there is consent. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use of a child under 18 years of age for prostitution is considered to be one of the worst forms of child labour and therefore shall be prohibited. The Committee therefore requests the Government to take the necessary measures to prohibit and criminalize the use of a child under 18 years of age for prostitution.

The Committee notes the Government’s statement that the Criminal Code of 1995 (Division 474), as amended in 2005 prohibits the use of a “carriage service” (telecommunication means such as the Internet or a mobile phone) to access, transmit, make available or distribute child pornography or child abuse material. According to section 473.1 of the Criminal Code of 1995, “child abuse material” means material that depicts a person under the age of 18 years, and “child pornography material” means a material that depicts a person under the age of 18 years as engaged in a sexual pose of activity. The Committee requests the Government to indicate any Commonwealth legislation that prohibits the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances where the pornographic material or its dissemination does not involve any carriage services (telecommunication services).

2. Provincial legislation. New South Wales. Under section 91D of the Crimes Act 1900, any person who, by any means, causes or induces a child under the age of 18 years to participate in an act of child prostitution, or participates as a client with a child in an act of child prostitution shall be punished. Section 91E of the Crimes Act 1900 further prohibits obtaining a benefit from child prostitution and section 91F prohibits the use of premises for child prostitution. The Committee also notes that by virtue of sections 91G and 91H of the Crimes Act 1900, any person who use, causes or procures a child for pornographic performances, and any person who is involved in the production, dissemination or possession of child pornography shall be punished. It notes that a “child”, according to section 91FA of the Crimes act 1900 means a person under the age of 16 years.

Victoria. The Committee notes that the Crimes Act of 1958 provides for penalties for several offences related to the sexual exploitation of children under 16 years. These offences include: act of sexual penetration with a child of 16 years (section 45); persistent sexual abuse of a child under the age of 16 years (section 47A); act of sexual penetration and commission of an indecent act with a child under 17 years to whom the child is not married (sections 47 and 48); inducing or permitting a child under the age of 17 years to enter or remain in premises for the purpose of taking part in an unlawful sexual penetration (section 54). It also notes that sections 68 and 70 of the Crimes Act prohibit the production and possession of child pornography and section 69 prohibits the use or procurement of a minor for child pornography. Child pornography, according to section 67A of the Crimes Act means a film, photograph, publication or computer game that describes or depicts a minor under the age of 18 years engaging in sexual activity or in an indecent manner.

Queensland. The Committee notes that according to the Criminal Code Act of 1899 any person who procures another person to engage in prostitution (section 229G) or who knowingly participates, directly or indirectly, in the provision of prostitution by others (section 229H) shall be punished. Subsection (2) of sections 229G and 229H provides that the above offences if committed against a person who is not an adult, shall be punishable with higher penalties. The Committee further notes that section 210(1)(f) of the Criminal Code Act of 1899 prohibits the indecent treatment of a child under 16 years (which includes any indecent photograph or record or indecent visual image of a child); procuring a child to commit an indecent act (section 210(1)(b)) and exposing a child to an indecent act (section 210(1)(d)). Other offences relating to the use of a child in the production of child exploitation material, its possession and distribution would be prosecuted according to sections 228A–D of the Criminal Code Act. It notes that “child exploitation material” refers to any material which describes or depicts a child under 16 years in a sexual context.

Western Australia. According to sections 14 and 15 of the Prostitution Act of 2000, it is illegal for a child under 18 years of age to act as a prostitute or receive services from a prostitute. The Act further criminalizes any person who: causes, seeks or induces a child under the age of 18 years to act as a prostitute (section 16); receives payment from the prostitution of a child (section 17); enters or offers to enter into an agreement under which a child is to act as a prostitute (section 18). With regard to child pornography, the Committee notes the Government’s statement that section 60 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996 prohibits any person to produce, sell, supply, publish or exhibit child pornography which depicts a child under the age of 16 years. It further notes that section 192 of the Children and Community Services Act of 2004 prohibits the employment of children under the age of 18 years in an “indecent, obscene or pornographic manner” which includes situations where the child may be engaged in or subjected to activities of a sexual nature or posing in a manner so as to emphasize sexual organs.

South Australia. By virtue of section 68 of the Criminal Law Consolidation Act of 1935, a person must not employ, engage, cause, permit or ask a child under the age of 18 years to provide, or to continue to provide, commercial sexual services. Subsection (3) of section 68 further penalizes any person who receives money out of the prostitution of a child. Under sections 63 and 63A of the Criminal Law Consolidation Act of 1935, the production, dissemination and possession of child pornography is prohibited. Section 63B further makes it an offence to incite or procure a child for the commission of an indecent act which includes exposing any part of the body or making a photograph, image or other record of a child engaged in sexual act. A “child” according to section 62 of the Criminal Law Consolidation Act of 1935 refers to a person under the age of 16 years.

Tasmania. The Committee notes that the Criminal Code Act of 1924 provides for penalties for several offences related to the sexual exploitation of young persons under 17 years. The offences include: committing unlawful sexual intercourse with young persons (section 124); occupier or owner inducing or knowingly permitting unlawful sexual intercourse with a young person within his premises (section 125); maintaining a sexual relationship with young persons (section 125A); procuring young persons for sexual intercourse or an indecent act (section 125C); and making communications with intent to procure a young person for unlawful sexual act. The Criminal Code Act of 1924 further covers the following offences related to child pornography: involving persons under 18 years of age in the production of child exploitation material (section 130); and producing, distributing, possessing and assessing child exploitation material (sections 130A–D).

Northern Territory. The Committee notes that, pursuant to the provisions of the Prostitution Regulation Act of 2004, it is an offence for a person to: cause or induce an infant to take part, or to continue to take part in prostitution services (section 13); allow an infant to take part in prostitution services (section 14); receive payment in respect of prostitution services provided by an infant (section 15); or enter into an agreement under which an infant is to provide prostitution services (section 16). The Committee notes the Government’s statement that “an infant” as used in the Prostitution Regulation refers to persons under the age of 18 years by virtue of Interpretation Act (NT). The Committee also notes that, according to section 125E of the Criminal Code, a person who uses, offers or procures a child or who appears to be a child for the production of child abuse material or for a pornographic or abusive performance is guilty of a crime. Section 125B further prohibits the production, possession, distribution and sale of child abuse material.

Australian Capital Territory. The Committee notes that the Prostitution Act 1992 makes it an offence to cause, permit, offer or procure a child under the age of 18 years to provide commercial sexual services. The Committee also notes the Government’s statement that, according to section 64 of the Crimes Act, it is an offence to use, offer or procure a child under the age of 18 years for the production of child pornography or pornographic performance.

The Committee observes that the provisions in Western Australia, the Northern Territory and the Australian Capital Territory establish a prohibition on the use, procuring or offering of a child under the age of 18 years for child prostitution, child pornography or for pornographic performances. While the use, procuring or offering of a child under the age of 18 years for prostitution is prohibited in New South Wales, Queensland and South Australia, the prohibition on the use, procuring or offering of a child for the production of pornography and for pornographic performances applies only to children under the age of 16 years. Similarly in Victoria and Tasmania, while the use of a child under 18 years of age for child pornography and for pornographic performances is prohibited, the prohibition on child prostitution covers only children under the age of 16 years. The Committee reminds the Government that in accordance with Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution, production of pornography and for pornographic performances constitutes one of the worst forms of child labour and is therefore prohibited for children under the age of 18 years. The Committee therefore requests the Government to take the necessary measures to prohibit the use, procuring or offering of children under the age of 18 years for prostitution, for the production of pornography or for pornographic performances in all the States.

Clause (c). Use, procuring or offering of a child for illicit activities.
1. Commonwealth. The Committee notes the Government’s statement that section 309 of the Criminal Code Act of 1995 addresses drug offences involving children. Sections 309.2 to 309.10 include a number of offences, all carrying severe penalties for persons who use or procure children under the age of 18 years for the purpose of selling, manufacturing, supplying, possessing or trafficking a controlled drug.

2. Provincial legislation. New South Wales. According to the Criminal Code of New South Wales, sections 23A, 24, 25(2C) and 25(2D) of the Drugs Misuse and Trafficking Act of 1985 criminalizes any person who procures a child under the age of 16 years for the manufacture, production, or supply of prohibited drugs. Section 27 further makes it an offence to aid, abet, counsel, procure or incite a person in the commission of the offences related to prohibited drugs. It also notes that section 351A of the Crimes Act 1900 states that recruiting a child under the age of 18 years to carry out or assist in the carrying out of a criminal activity is an offence. The Committee requests the Government to indicate whether the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs, constitutes a crime pursuant to section 351A of the Crimes Act.

Queensland, Western Australia, South Australia and the Northern Territory. The Committee notes that, as per the information provided by the Government, the states of Queensland, Western Australia, South Australia and the Northern Territory have provisions prohibiting the production, manufacture and supply of drugs or controlled substances under the Drugs Misuse Act 1986, Misuse of Drugs Act 1981, Controlled Substances Act 1984 and Misuse of Drugs Act, respectively. Furthermore in Queensland, the Criminal Code makes it an offence to procure, aid, enable or counsel a person to commit an offence. The Committee observes that, apart from Queensland, the legislation respecting the illicit trafficking of drugs in the above states does not specifically prohibit the use, procuring or offering of a child under 18 years for the purpose of illicit activities. The Committee therefore requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years, for illicit activities, in particular for the production and trafficking of drugs in Western Australia, South Australia and the Northern Territory.

Victoria and Tasmania. The Committee observes that there appears to be no legislation that specifically addresses the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Australian Capital Territory. The Committee notes the Government’s statement that section 624 of the Criminal Code of 2002 makes it an offence to procure a person under the age of 18 years to traffic in a commercial quantity of a controlled drug.

Article 3, clause (d), and Article 4, paragraph 1. Prohibition and determination of hazardous work. 1. Provincial legislation. New South Wales. The Committee notes that, according to section 222 of the Children and Young Persons (Care and Protection) Act of 1998 (Care and Protection Act), any person who causes or allows a child to take part in any employment during the course of which the child’s physical or emotional well-being is put at risk is guilty of an offence. The Committee notes that the definition of a “child” as per section 221 means a person under the age of 15 years (or under 16 for modelling), and “employment” means any paid employment or employment for which other material benefit is provided. Section 223 specifies certain types of child employment (mainly in the entertainment industry) that may be undertaken by authorized employers. A code of practice contained in the Child Employment Regulation sets out the conditions precedent to the granting of authority to the employer and regulates the working hours and conditions of such child employment. The Committee further notes the Government’s statement that the general statutory protection which extends to all employees under the Occupational Health and Safety Act 2000 also applies to children. The Committee observes, however, that section 222 as mentioned above establishes the age of admission to hazardous work at 15 years, and that it covers only paid employment. The Committee reminds the Government that according to Article 3(d) of the Convention, work, which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18 years of age is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, a government which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that any work, whether paid or unpaid, that is likely to harm the health, safety and morals of persons under 18 years of age is prohibited.

Queensland. The Committee notes the Government’s statement that the Child Employment Act 2006 and supporting Regulation 2006 were designed to ensure that the work children perform (defined as persons under the age of 18 years) is not harmful to their health, safety or their physical, mental, moral or social development by imposing restrictions upon all types of work. The Committee notes that, according to section 9 of the Child Employment Act, a child may not be permitted to carry out work not permitted by the Regulation; or if the child has not reached the appropriate age prescribed by the Regulation for that work; or without appropriate supervision. It also notes that section 8 of the Child Employment Regulation requires the employer to take reasonable steps to ensure that the child, while at work, is not subjected to deliberate or unnecessary social isolation or any other behaviour that is likely to intimidate, threaten, frighten or humiliate the child. The Committee further notes the Government’s statement that, according to section 13 of the Child Employment Act, the Chief Executive Officer of the Department of Employment and Industrial relations may prohibit a child from doing a particular work or limit the work the child may do through the issue of a work limitation notice. The Committee also notes the Government’s statement that the Child Protection Act 1999 enables the removal of a child under 18 years from a situation of “harm” which means any detrimental effect of a significant nature on the child’s physical, psychological or emotional well-being. It further notes the Government’s statement that the Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999 prohibit children under the age of 16 years to work underground. Finally, the Committee notes the Government’s information that the Workplace Health and Safety Queensland publication entitled Children and Young People at Workplaces Guide, developed after consultations with the representative of workers’ and employers’ organizations identified the following types of work as being of particular risk to young workers:

–      physical work, activity-manual handling, repetitive work, vibration, noise, extreme temperature, sunburn and chemicals and other substances;

–      operating machinery-industrial equipment and machinery, vehicles including off-road vehicles, tractors and motorbikes;

–      other work situations – workplace violence, bullying, unpopular work and paced work.

The Committee asks the Government to indicate the specific measures taken to ensure that the employment of young persons aged between 16 and 18 years in underground work is not likely to jeopardize their health or safety. The Committee further asks the Government to indicate whether the Chief Executive Officer has prohibited any particular work by children pursuant to section 13 of the Child Employment Act of 2006.

Western Australia. The Committee notes the Government’s statement that the Mines Safety and Inspection Regulations 1995, under section 10(4), prohibit the employment of children under 18 years at an underground mine. Section 190 of the Children and Community Services Act 2004 sets out the conditions under which children under 15 years may be employed. According to section 193 of the Children and Community Services Act, the Chief Executive Officer (CEO) may issue a notice prohibiting or limiting the employment of a child under 18 years of age, if the CEO is of the opinion that the well-being of the child is likely to be jeopardized due to the employment or due to the nature and extent of the work that the child is carrying out. The Committee observes, however, that there appears to be no provision that prohibits the employment of children under 18 years in hazardous work. The Committee notes the Government’s indication that, according to the Schools Education Act 1999, it is compulsory for all children aged 6–17 years to attend school, failing which the parents will be liable for penalty. The Committee also notes the Government’s statement that the Occupational Safety and Health Act 1984 requires employers to provide and maintain a working environment where their employees are not exposed to hazards and ensure safety of their employees at the workplace. The Government further states that, while child employment does exist in Western Australia, the worst forms of child employment are non-existent. The Committee requests the Government to indicate the manner in which it is ensured that children between the ages of 17 and 18 years do not perform work which is harmful to their health, safety or morals.

South Australia. The Committee notes that there is no legislative prohibition for hazardous work by children under 18 years of age. It notes the Government’s reference to the general occupational health and safety rules and obligations laid down in the Occupational, Health, Safety and Welfare Act of 1986 and the Occupational Health, Safety and Welfare Regulations 1995. The Committee notes the Government’s statement that it intends to enact new legislation to improve protection for children under the age of 18 years in the workplace. The Committee hopes that the Government will take the necessary measures to prohibit the employment of children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals, in conformity with the Convention.

Tasmania. The Committee notes that the existing legislation does not contain any provisions prohibiting children under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age do not carry out work which is likely to harm their health, safety or morals.

Northern Territory. The Committee notes that, according to sections 92
and 93 of the Community Welfare Act, it is prohibited to employ children under the age of 15 years in work which is dangerous to their health and safety, as well as night work between the hours of 10 p.m. and 6 a.m. The Committee notes the Government’s statement that it is in the process of enacting a new law “The Care and Protection of Children Act” which will replace the Community Welfare Act. The Committee notes that, according to section 203(1) of the Care and Protection of Children Act, an employer who employs a child under the age of 15 years at any time after 10 p.m. and before 6 a.m. shall be punished. Section 203(2) further provides for penalties to any employer who employs a child in work that is harmful or likely to be harmful to their physical, mental or emotional well-being. The Committee notes the Government’s information that a “child” according to section 13 of the Care and Protection of Children Act refers to persons under the age of 18 years. The Committee hopes that the Government will take the necessary measures to enact the Care and Protection of Children Act, as a matter of urgency. It requests the Government to provide information on progress made in this regard.

Australian Capital Territory. The Committee notes that section 781 of the Children and Young People Act 2008 prohibits the employment of a person under the age of 18 years if that work is likely to harm their health, safety, personal or social development.

Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. The Committee notes that none of the provincial legislations, except the Children and Young People at Workplaces Guide of Queensland, provide for a list of types of hazardous work that shall not be performed by children under 18 years of age. The Committee reminds the Government that, in accordance with Article 4(1) of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which enumerates activities to which the Government should give special consideration when determining types of hazardous work. The Committee requests the Government to provide information on the measures taken or envisaged to determine the types of work considered as hazardous, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. Interdepartmental committee on human trafficking. The Committee notes the Government’s statement that an interdepartmental committee (IDC) to discuss key issues and developments on human trafficking has been established. The IDC consists of members from the Australian Crime Commissions, the Australian Institute of Criminology, the Australian Federal Police, the Australian Agency for International Development, the Commonwealth Director of Public Prosecutions, the Department of Foreign Affairs and the Department of the Prime Minister and the Cabinet. The Committee notes the Government’s statement that, as per the investigations conducted by the law enforcement agencies, including the Australian Crime Commissions, from 2004 to July 2008, 107 victims of trafficking have been identified. It further notes the Government’s statement that an evaluation of the operation of the IDC is under way. The Committee requests the Government to provide information on the impact of the activities of the Interdepartmental Committee in combating the offences related to trafficking in children. It also requests the Government to indicate how many among the 107 victims identified from 2004 to 2008 were children under the age of 18 years.

2. Labour inspectorate. The Committee notes the Government’s detailed information with regard to the mechanisms in place in the states and territories, for the enforcement of their laws and regulations. It notes, in particular the information provided by the Government on the state monitoring mechanisms such as the Queensland Commission for Children and Young People and Guardian (CCYPG), industrial inspectors in Western Australia, and the Industrial Relations Court and Industrial Relations Commission of South Australia. With regard to Tasmania and the Northern Territory, the Government states that the police and labour inspectorate monitor the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. Strategy to combat trafficking in persons. The Committee notes the Government’s statement that it has introduced a Strategy to Combat Trafficking in Persons in 2003 and since then there have been no identified cases of trafficking in children. It notes that the strategy addresses the full trafficking cycle, from recruitment to reintegration, and areas of prevention, detection, investigation, prosecution and victim support. The Committee also notes the Government’s statement that, in 2007, further funding was allocated to continue the existing measures as well as to introduce new measures such as: further support of trafficking prosecutions and training for prosecutors in trafficking matters; victim support programme to support victim witnesses returning to Australia to assist with prosecutions; additional two senior migration compliance positions opened in Manila and Beijing; and research into trafficking trends in the country, including labour trafficking.

Article 7, paragraph 1. Penalties. The Committee notes that the Commonwealth Criminal Code of 1995 imposes penalties of imprisonment for the following offences: (i) trafficking in children (section 271.4); (ii) slavery (section 270.3); (iii) aggravated debt bondage (section 271.9); (iv) conscription of under‑18s into the armed force (section 268.68); (v) using a carriage service for child pornography (section 474.19); and (vi) procuring children for trafficking of controlled drugs (section 309.7).

The Committee also notes that the provincial and territorial legislation establishes sufficiently effective and dissuasive penalties of imprisonment for the breach of the provisions of the Convention. The Committee notes that the offences related to promoting, engaging, using, causing or inducing child prostitution carry penalties of imprisonment in the different states and territories pursuant to the following provisions: section 91D of the Crimes Act of New South Wales; section 45 of the Crimes Act of Victoria; section 229G of the Queensland Criminal Code: section 16 of the Prostitution Act of Western Australia; section 68 of the Criminal Law of South Australia; section 13 of the Prostitution Regulation Act of the Northern Territory; and under section 20 of the Prostitution Act of Australian Capital Territory.

The Committee further notes that, under the provincial and territorial laws, the production, dissemination and possession of child pornography or child exploitation material, using, procuring or involving a child for the production of child pornography, child exploitation material or for the purposes of committing an indecent act or pornographic performances are punishable pursuant to the following provisions: sections 91G and 91H of the Crimes Act of New South Wales; sections 68, 69 and 70 of the Crimes Act of Victoria; sections 228A–228D of the Criminal Code of Queensland; section 192 of the Children and Community Services Act of Western Australia; sections 63, 63A and 63B of the Criminal Law Consolidation act of South Australia; and under section 125E of the Criminal Code of Northern Territory.

In addition, the Committee notes that the legislation of the provinces and territories provide for penalties in case of violations of the provisions related to employment of a child in hazardous work. The penalties range from 100 penalty units to $24,000 or imprisonment for 12 months for the various offences related to the employment of children from 15 to 18 years. The Committee finally notes the information provided by the Government on the number of criminal prosecutions instituted in cases related to various offences under Article 3(a)–(d) of the Convention. It notes that in the Commonwealth, 245 prosecutions were instituted against child sex-related carriage service offences, out of which, for 68 cases, sentences (with bonds attached) were imposed; in three cases periodic detention, and in eight cases pecuniary penalties were imposed. For the offences related to serious drug offences involving children, two prosecutions were instituted, neither of which resulted in proven offences. In the fast food outlets in Western Australia, during the period from November 2006 to March 2008 a total of 20 child labour cases were prosecuted and penalties ranging from $25,000 to $50,000 were imposed. The Committee requests the Government to continue to provide information on the application of the penalties in practice in all the states and territories for the offences under Article 3(a)–(d) of the Convention.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking. The Committee notes the detailed information provided by the Government on various measures relating to the protection and assistance to victims of trafficking. It notes that the Support for Victims of People Trafficking Programme which was established in 2004 aims to support victims trafficked into Australia for the sex industry or for labour servitude. The Committee notes the Government’s statement that, to date, all the victims so far assisted under this programme were adults, 75 per cent of whom were Thai nationals. It further notes that the visa framework programme, which was started in January 2004 within the framework of the victim support programme was designed to support victims of trafficking. This programme which applies to all suspected victims of trafficking comprises Bridging F visa, the Criminal Justice stay visa and Witness Protection visas. The Committee further notes the Government’s statement that, between January 2004 and 31 March 2008, 85 people were granted Bridging F visas, 15 persons were granted Witness Protection (Trafficking) visas, and 52 Criminal Justice Stay visas were issued in relation to trafficking matters. The Committee requests the Government to indicate whether any children under the age of 18 years were assisted and supported within the framework of the Support for Victims of People Trafficking Programme after 31 March 2008.

2. Humanitarian assistance to child soldiers migrating to Australia. The Committee notes the Government’s statement that the Department of Immigration and Citizenship have introduced measures to assist children who suffered from the worst forms of child labour, in particular child soldiers outside the country who migrated to Australia. It notes the Government’s statement that Australia recognizes the special vulnerability of children in humanitarian need, including recognized refugees, asylum seekers and internally displaced minors and their need for durable solutions. The Committee further notes the Government’s information that during the period between 2006 and 2007, Australia granted humanitarian visas to more than 5,700 children under the age of 18 years under the humanitarian programme of which more than 2,800 were females.

Article 8. International cooperation and assistance. The Committee notes the Government’s statement that Australia is a party to the Asia Regional Trafficking in Persons Project (ARTIP) with other partner countries such as Thailand, Lao Peoples’ Democratic Republic, Cambodia, Burma and Indonesia. The ARTIP which commenced in August 2006 aims to promote a more effective and coordinated approach to dealing with human trafficking by criminal justice systems of governments in the Asia–Pacific region. Australia further contributed funds to the IOM Return and Reintegration of Trafficking Women and Children Project and the Regional Pilot Project for Returning Victims of Trafficking from Australia to Thailand. The Committee further notes the Government’s information that, through the Australian Agency for International Development, Australia takes an active approach in the international development cooperation programme to mitigate the impact of conflict on children in Asia and the Pacific, including countering the problem of child soldiers. These efforts include: demobilization and reintegration of ex-combatants, including child soldiers, into productive civilian life in Sri Lanka and Bougainville; reform and capacity building of police, judicial and penal systems in East Timor, Fiji, Tonga, Samoa, Soloman Islands, Cambodia and Papua New Guinea; and the release and reintegration of former child soldiers associated with the armed groups in Nepal. In addition, the Australian Government is providing financial assistance to UNICEF and the UN Special Representative for Children and Armed Conflict to undertake a ten-year strategic review to assess the progress of existing strategies to prevent the recruitment of child soldiers, increase prosecutions and enhance the psychological well-being and education of children affected by conflict.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the Government’s reference to the report on Children at Work, 2005 published by the New South Wales Commission for Children and Young People. This study which covered about 11,000 children from year seven to year ten in 22 schools across New South Wales revealed that over 56 per cent of the children worked in the previous 12 months, which roughly equates to over 240,000 children between 12 and 16 years in the whole of New South Wales. These children were mainly found involved in agriculture, manufacturing and service industries and were exposed to a number of hazards and sustained a significant number of workplace injuries. The Committee requests the Government to provide information on the worst forms of child labour in the other states and territories, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.