VZCZCXYZ0000
PP RUEHWEB

DE RUEHBY #0073/01 0210651
ZNR UUUUU ZZH
P 210651Z JAN 09
FM AMEMBASSY CANBERRA
TO RUEHC/DEPT OF LABOR WASHINGTON DC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 0873
INFO RUEHGV/USMISSION GENEVA PRIORITY 1982

UNCLAS CANBERRA 000073 
 
SIPDIS 
 
DOL/ILAB FOR TINA MCCARTER; DRL/ILCSR FOR TU DANG 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD PHUM SOCI USAID
SUBJECT: CHILD LABOR INFORMATION FOR GSP 2008 REPORT 
 
REF: 08 STATE 127448 
 
¶1. Reftel requested information on new developments regarding 
child labor in Australia's overseas territories, of which 
there are three inhabited territories:  Norfolk Island, 
Christmas Island, and the Cocos Islands.  There has been no 
change over the past year regarding Australia's 
implementation of laws and regulations relating to child 
labor in these territories. 
 
¶2. For DOL's information, responses for Norfolk Island, keyed 
to the questions in para 9 in reftel, that were provided by 
the Government of Australia, follow in para 3 below.  For 
Christmas Island and Cocos Island, see para 4 below. 
 
¶3. Norfolk Island 
 
A) Laws and regulations proscribing the worst forms of child 
labor. 
 
There is no minimum age for admission to work but employment 
of children under the age of 15 years is subject to statutory 
limitations under Section 24 of the Employment Act 1988 
(Norfolk Island). 
 
Section 20(2)(b) of the Employment Act enables employment 
contracts to be entered into or varied despite the legal 
incapacity of either the employer or employee to enter into a 
contract. 
 
Section 13(1)(b) prescribes the minimum wages to be paid to 
persons under the age of 16 years, 16 and under 17 years, as 
well as 17 and under 18 years where the employee is aged less 
than 18 years. 
 
Assuming the reference to 'hazardous work' to be a reference 
to the definition in Article 3(d) of the Convention as set 
out in clause 1 of the Chief Minister's submission above, 
Part 4, Sections 48 to 64 (Safe Working Practices) of the 
Employment Act set out the statutory duties and penalties in 
regard to employers and employees in regard to workplace 
health and safety issues. 
 
Employment Inspectors and Child Welfare officers are 
appointed by law (the latter under the Child Welfare Act 
1937) to monitor and take action in regard to the protection 
of workers (particularly those under 18 years of age). 
 
The Norfolk Island Government notes the definition in Article 
3 of the worst forms of child labor as comprising (and 
therefore limited to) the following: 
(a) all forms of slavery or practices similar to slavery, 
such as the sale and trafficking of children, debt bondage 
and serfdom and forced or compulsory labor, including forced 
or compulsory recruitment of children for use in armed 
conflict; 
(b) the use, procuring or offering of a child for 
prostitution, for the production of pornography or for 
pornographic performances; 
(c) the use, procuring or offering of a child for illicit 
activities, in particular for the production and trafficking 
of drugs as defined in the relevant international treaties; 
(d) 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. 
It is noted that child or children are, for the purposes of 
the convention all persons under the age of 18 years: see 
Article 2. 
 
Slavery or practices similar to slavery generally (and 
therefore including in relation to children) is a serious 
offense under Section 268.10 - Crime against Humanity - 
enslavement, Section 268.15 - Crime against Humanity - Sexual 
Slavery, Section 268.60 - War Crime - sexual slavery, 268.83 
- War Crime - sexual slavery (non-international conflict), 
Section 270.2 - slavery is unlawful, Section 270.3 - slavery 
offenses of the Criminal Code Act 1995 (Commonwealth) which 
by section 3A applies to Norfolk Island. Under the Criminal 
Code Act 2007 (Norfolk Island), slavery as such is not 
defined as a specific territory offense but sexual servitude 
Qdefined as a specific territory offense but sexual servitude 
is a serious offense under Section 138 of that Norfolk Island 
law (as it is under Section 270.6 of the Criminal Code Act 
1995). 
 
The sale and trafficking of children and debt bondage would 
generally be covered by the Criminal Code Act 1995 and by 
relevant offenses under the Immigration Act 1980 (Norfolk 
Island) in regard to false or misleading documents and 
information being provided or for persons entering the 
territory for illegal purposes. Section 271.4 of the Criminal 
Code Act 1995 makes trafficking in children a serious offense 
punishable by up to 25 years imprisonment (which law is 
applicable to Norfolk Island by section 3A of that Code). It 
is also an offense to traffic in children between one place 
in Australia and another (see Section 271.7 - domestic 
trafficking in children). 
 
In regard to forced labor, the Norfolk Island Government 
noted that the Employment Act governs the employment of 
persons under 18 years and requires that such persons (with 
the consent of their parents) can only be employed on the 
basis of written agreements with strict conditions as to the 
availability and freedom of the child for schooling and 
education, medical needs and withdrawal of labor upon notice. 
A child might only be compelled to perform work as part of a 
community service condition of a release upon probation order 
issued by a court upon a juvenile offender under the Child 
Welfare Act 1937 (Norfolk Island) or where the child is 
directed to perform work whilst in court ordered detention or 
imprisonment arising from a court sentence imposed upon such 
a child according to law applicable to the territory. In such 
circumstances, the Norfolk Island Government would rely upon 
the judgment and powers of the relevant correctional officers 
and authorities for a determination of the type and period of 
work appropriate to each particular child under their control 
in the circumstances. 
 
In accordance with Article 3 (b), the use or offering of any 
child for prostitution, pornography or for pornographic 
performances is in each instance a serious offense under the 
laws applicable to Norfolk Island: see Section 268.16 - Crime 
Against Humanity - Enforced Prostitution, Section 268.61- War 
Crime - Enforced Prostitution -International Conflict, 
Section 268.84 - War Crime - Enforced Prostitution - 
Non-international conflict, Section 474.20 - production of 
child pornography material for use in offense of using 
carriage service for child pornography material) of the 
Criminal Code Act 1995 and see also Part 3.7, Sections 122 to 
126 of the Criminal Code Act 2007 in regard to offense of 
using child for production of child pornography etc. 
 
In regard to recruitment of children for armed conflicts, the 
Criminal Code Act 1995 creates serious offenses in regard to 
compulsory or forced recruitment of children for armed 
conflicts (see Section 102.4 (recruiting for a terrorist 
organization), Section 268.68 - War Crime - conscripting or 
enlisting children (under 15 years) for international 
conflict, Section 268.88 - War Crime - conscripting or 
enlisting children (under 15 years) for non-international 
conflict, which are offenses applicable to Norfolk Island by 
virtue of the application of the Criminal Code Act 1995 to 
Norfolk Island. It should be noted however that the 
recruitment of children for school-based or junior volunteer 
cadet training units (where such units are not generally 
expected or required to participate in any armed conflict) is 
considered lawful where cadets are part of the Australian 
Cadets Corps established under the Defense Act 1903 
(Commonwealth) where it is applicable to Norfolk Island. 
 
It should be noted that Section 5A of the Defense Act 1903 
states: "This Act extends to the external Territories as if 
each of those Territories were part of Australia." see 
Section 18(1), Norfolk Island Act 1979 (Commonwealth). 
 
Section 59 (c) makes person ages between 18 years and 60 
years who have resided Australia for not less than 6 months 
Qyears who have resided Australia for not less than 6 months 
liable to be called for service in the defense force in time 
of war if called upon under Section 60. 
 
Section 62 governs the establishment and use of the 
Australian Army Cadets (formerly the Australian Cadet Corps) 
 
Section 118B relieves apprentices who voluntarily enlist to 
serve in the defense forces in time of war from liability or 
legal action due to a breach of their articles of 
apprenticeship (what happens to persons called by allotment 
to compulsorily serve under section 60 is not clear). 
 
Under Regulation 7 of the Cadet Forces Regulations 1977 
(Commonwealth), the minimum age for Army and Navy Cadets is 
12 years and 6 months while the minimum age for Air Force 
Cadets is 13 years. 
 
The Naval Defense Act 1910 (Commonwealth) extends to every 
Territory: Section 5A. 
 
The Air Force Act 1923 (Commonwealth) extends to every 
Territory: Section 4. 
B) Regulations for implementation and enforcement of 
proscriptions against the worst forms of child labor. 
 
The Norfolk Island Government, in consultation with the 
Commonwealth of Australia and with relevant employer and 
worker representatives will consider and determine as 
appropriate from time to time what other activities might 
comprise 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 Article 3( d) having regard to 
the lists of such work to be developed, examined and revised 
from time to time under Article 4 of the Convention. 
 
In regard to Articles 5, 6 and 7, the Norfolk Island 
Government in cooperation with the Commonwealth of Australia 
shall use its best endeavors within the funding and resources 
available to it from time to time to encourage, facilitate 
and promote the implementation, development of programs, and 
education regarding the provision of the convention within 
the territory. 
 
Given the small geographic and population size of the Norfolk 
Island community, and violations or abuses in regard to child 
labor or child exploitation are expected to be quickly 
detected and reported for investigation and action. 
 
The Norfolk Island Government allocates the level of 
resources appropriate within the constraints of its budget 
for the purposes of enforcement of the Employment Act and 
Child Welfare Act as well as for employment or appointment of 
appropriate inspectors. 
 
There have been no known cases or reports of child labor 
abuse or exploitation to date so far as the Government of 
Norfolk is aware such that no child labor investigations were 
required to be conducted over the past year. 
 
 
C) Whether there are social programs specifically designed to 
prevent and withdraw children from the worst forms of child 
labor. 
 
N/A. 
 
D) Does Norfolk Island have a comprehensive policy aimed at 
the elimination of the worst forms of child labor? 
 
The Education Act 1931 (Norfolk Island) expressly prevents 
the charging of fees for provision of education except for 
persons over 15 years of age for teaching of any special 
subject outside the normal course and for teaching in evening 
classes: see Section 14, Education Act. 
 
Section 16 and 18 of the Education Act imposes a statutory 
duty on parents to cause the attendance of school aged 
children at a public or private school registered under the 
Education Act. 
 
E) Is Norfolk Island making continual progress toward 
eliminating the worst forms of child labor? 
 
N/A 
 
¶4.  Responses for Christmas Island and Cocos Islands: 
 
Child labor laws in force in the state of Western Australia 
apply to the Indian Ocean Territories.  The Children and 
Community Services Act 2004 and the School Education Act 
1999, are laws in effect in the state of Western Australia 
that cover child labor.  The federal Workplace Relations Act 
of 1996 is also extended to the Indian Ocean Territories. 
 
CLUNE