VZCZCXRO9386
RR RUEHPT
DE RUEHBY #0099/01 0400548
ZNR UUUUU ZZH
R 090548Z FEB 10
FM AMEMBASSY CANBERRA
TO RUEHC/DEPT OF LABOR WASHINGTON DC
RUEHC/SECSTATE WASHDC 2637
INFO RUEHPT/AMCONSUL PERTH 5232
RUEHBN/AMCONSUL MELBOURNE 6965
RUEHDN/AMCONSUL SYDNEY 5244
RUEHGV/USMISSION GENEVA 0004
RUEHBS/USEU BRUSSELS

UNCLAS SECTION 01 OF 02 CANBERRA 000099 
 
SIPDIS 
 
DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY, AND TINA 
MCCARTER 
STATE FOR DRL/ILCSR SARAH MORGAN AND G/TIP LUIS CDEBACA 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD KTIP SOCI AS
SUBJECT: AUSTRALIA:  INFORMATION ON CHILD AND FORCED LABOR 
 
REF: STATE 131995 
 
¶1.  (U) Summary:  Reftel requested information on 
developments regarding child labor in Australia.  On April 
30, 2009, federal, state and territory governments endorsed a 
"National Framework for Protecting Australia's Children 
2009-2020."  There were no reports of forced child labor last 
year.  Reftel also requested particular information on 
developments regarding child labor in Australia's overseas 
territories Norfolk Island, Christmas Island, Cocos Islands, 
Heard Island and MacDonald 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.  End summary. 
 
AUSTRALIA 
--------- 
 
¶2.  (U) Australian law prohibits forced or compulsory labor, 
including by children.  Minimum age school attendance 
requirements, imposed by all states and territories, 
effectively prevent children from joining the full-time work 
force full-time until they are 15, 16 or 17 years of age. 
 
¶3.  (U) Specific child employment laws provide further 
protections in some jurisdictions.  In Queensland, parental 
consent is required to employ someone who is under age 16 and 
has not completed the tenth grade; a maximum of 12 hours may 
be worked during a school week.  In Victoria and Western 
Australia, those under age 15 are restricted in the hours 
they can work and the duties they can perform; in Victoria 
parents are required to apply for permit.  In the Australian 
Capital Territory, there is no minimum working age; however, 
departmental approval is required to work more than 10 hours 
a week in "light work" for those under age 15.  In response 
to the previous federal government's WorkChoices laws, the 
New South Wales government in 2006 introduced laws requiring 
corporations covered by the federal system to provide pay and 
conditions at least equal with the relevant NSW industry 
standard or "award" to those under age 18. 
 
¶4.  (U) There is a minimum age for some specified occupations 
in awards.  Under the current government's labor law changes, 
individual contracts can no longer be signed.  Prior to this, 
workers under age 18 required parental consent to sign an 
individual contract.  State laws impose occupational health 
and safety responsibilities on employers.  The states, 
excluding Western Australia, agreed to be part of a national 
award system commencing January 1, 2010. 
 
¶5.  (U) Junior wage rates, included in "awards," pay a 
proportion of adult wages, typically for those under age 21. 
This has occurred for over 100 years, on the basis that the 
needs of junior workers are less than adults.  Employment of 
young people is prevalent in the hospitality, retail, and 
fast food sectors. 
 
¶6.  (U) Slavery (including sexual slavery), trafficking in 
children, forced prostitution, production of child 
pornography material, forced recruitment of children (under 
15) for armed conflict, and other related activity are 
punishable under the Commonwealth Criminal Code Act 1995. 
 
¶7.  (U) Underage workers have been discovered in legal 
brothels.  In September 2009, the Chief Corner of the 
Australian Capital Territory announced there would be a full 
inquest into the death in a Canberra brothel of a tenth grade 
student, a 17 year old girl. 
 
¶8.  (U) Australia ratified on December 19, 2006 the ILO's 
Q8.  (U) Australia ratified on December 19, 2006 the ILO's 
Worst Forms of Child Labor Convention 1999 (No. 182), and the 
UN Convention on the Rights of the Child on December 17, 
¶1990.  Australia has Memoranda of Understanding with the 
governments of the Philippines and Fiji for joint action to 
combat child sexual abuse and other serious crimes against 
children and young people . 
 
NORFOLK ISLAND 
-------------- 
 
¶9.  (U) There is no minimum working age, but employment of 
children under the age of 15 years is subject to limitations 
under the Employment Act 1988 (Norfolk Island).  Those under 
 
CANBERRA 00000099  002 OF 002 
 
 
age 15 are not permitted to be employed more than 20 hours a 
week and may not be employed between 11 pm and 6:30 am or at 
any time when they are supposed to be in school.  Minimum 
wage levels are scaled down for those age 15 and over, but 
under age 18.  Employment of someone under age 18 requires 
parental consent and written agreement with strict conditions 
in relation to schooling, medical needs and withdrawal of 
labor upon notice.  The Education Act requires school 
attendance up to age 15. 
 
¶10.  (U) Employment Inspectors and Child Welfare officers 
(the latter under the Child Welfare Act 1937) monitor and 
take action in regard to the protection of young workers. 
 
¶11.  (U) Slavery (including sexual slavery, trafficking in 
children, forced prostitution, production of child 
pornography material, forced recruitment of children (under 
15) for armed conflict, and other related activity are 
punishable under the Criminal Code Act 1995 (Commonwealth) 
which applies to Norfolk Island.  Under the Criminal Code Act 
2007 (Norfolk Island) sexual servitude is an offense.  The 
Immigration Act 1980 (Norfolk Island) contains penalties for 
giving false or misleading information, and entering the 
territory for illegal purposes. 
 
¶12.  (U) Under Regulation 7 of the Cadet Forces (equivalent 
to U.S. ROTC in secondary schools) 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. 
 
¶13.  (U) Given the small geographic and population size of 
the Norfolk Island, abuses in regard to child labor are 
expected to be quickly detected and reported for 
investigation and action. 
 
¶14.  (U) There have been no known cases or reports of child 
labor abuse or exploitation over the past year. 
 
CHRISTMAS ISLAND AND COCOS ISLANDS 
---------------------------------- 
 
¶15.  (U) Child labor laws in the state of Western Australia 
apply.  The Children and Community Services Act 2004 and the 
School Education Act 1999, in effect, prohibit child labor. 
The federal Fair Work Act 2009 covers these territories. 
 
HEARD ISLAND AND MACDONALD ISLANDS 
---------------------------------- 
 
¶16.  (U) These islands are part of a marine reserve 
approximately 4000 kilometers southwest of Western Australia 
and 1000 kilometers north of Antarctica.  They have no 
resident populations. 
BLEICH