Appeal against sentence results in fines for businesses breaching child employment laws
Workforce Inspectorate Victoria
Two businesses have been fined for offences under the Child Employment Act 2003 after their original sentences were appealed in the County Court of Victoria.
On 5 June 2026 both Sidna Pty Ltd (trading as Volpino) and Nasida Pty Ltd (trading as South Beach Project) pleaded guilty in the Magistrates’ Court of Victoria to a range of offences under the Child Employment Act 2003 and were placed on an adjourned good behaviour bond for two years and ordered each to pay $1,000 to the court fund.
Workforce Inspectorate Victoria (WIV) approached the Victorian Director of Public Prosecutions (DPP) to appeal the decision for the offences which included employing a child under 15 without a licence, failing to ensure a child was properly supervised, allowing a child to work beyond the hours permitted and not providing adequate rests breaks.
On 6 October 2026, both DPP appeals were upheld and each Corporate Accused resentenced. The County Court fined Sidna Pty Ltd $9,650, and Nasida Pty Ltd was fined $2,850.
In sentencing the court remarked that despite the strong mitigation the imposition of an adjourned undertaking for multiple breaches of the Child Employment Act did not give sufficient weight to significant sentencing purpose of general deterrence. The court also noted that while businesses maybe unaware of their obligations under the Child Employment Act, it does not change an employer’s responsibility and liability under the Act.
Quotes attributable to Robert Hortle, Commissioner of Workforce Inspectorate Victoria
“We will continue to support and educate businesses to ensure they are employing children under the age of 15 safely and legally.”
“This decision reinforces the responsibility of businesses to understand and comply with their employment obligations - not being aware is not an excuse and puts kids at risk.”
“Children are still developing, they need rest breaks, proper supervision and shouldn’t be working late or long hours.”
Background on Victoria’s Child Employment Act
Victoria’s child employment laws require employers of children under 15 to have a child employment licence before any work takes place, and to comply with Child Safe Standards.
Workers under 15 must be supervised by someone who holds a valid Victorian Working with Children Clearance (unless exempt).
Child employment laws restrict when businesses can employ children and how long they can work:
- during a school term, children can be employed for a maximum of 3 hours a day and 12 hours per week and cannot work during school hours
- during school holidays, children can be employed up to 6 hours a day and 30 hours a week
- children can only work between 6am and 9pm
- must be given a break of at least 12 hours between finishing one shift of work and commencing the next.
Children must also receive a 30-minute rest break after every 3 hours work and have at least 12 hours break between shifts.
For more information Victoria’s child employment laws visit the Workforce Inspectorate’s website at wiv.vic.gov.au or call 1800 287 287.
Contact details:
Email [email protected], or call 0486 163 446