Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

44 General duties relating to young persons at workplace

(1)

A PCBU with management or control of a workplace must ensure, so far as is reasonably practicable, that no person aged under 15 years is present in any area of the workplace at any time when—

(a)

goods are being prepared or manufactured in that area for trade or sale:

(b)

construction work is being carried out in that area:

(c)

a logging operation or tree-felling operation is being carried out in that area:

(d)

work involving the manufacture, use, or generation of hazardous substances is being carried out in that area:

(e)

any work is being carried out in that area that is likely to cause harm to the health and safety of a person aged under 15 years.

(2)

Subclause (1) does not apply in relation to a person aged under 15 years who is present at all times—

(a)

in any part of that area to which the public generally has access; or

(b)

under the direct and active supervision of an adult in that area that is appropriate to the age of the young person and the nature of the risks present in the workplace; or

(c)

on a guided tour of that area; or

(d)

in any part of that area that is used only for selling goods or services.

(3)

A PCBU who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 1995/167 r 59