NEWBORNS IN THE ENTERTAINMENT INDUSTRY

Many employers may struggle to effectively manage their adult employees on a daily basis. However, when a business employs a baby, things become even more difficult.

Victoria’s Child Employment Act 2003 subjects babies to strict criteria when their parents attempt to get work for them in the entertainment industry.

Example include advertising for products such as nappies or baby formula, television shows such as Neighbours or Home & Away, film, modelling or other related productions.

When a parent of a newborn baby under 12 weeks wishes for their child to partake in a role, even with their written consent there may be factors that render the child unable to do so, with parents unable to do anything about it.

For example, to employ a newborn baby and gain a work permit, an employer must be satisfied of key health and developmental factors. The baby must have been delivered full term, in good health with a birth weight of at least three kilograms and be exhibiting satisfactory weight gain. The child must not have had any post-natal problems and should be feeding successfully.

These are understandable as the health and development of such young infants is critical.

However, if the child satisfies all requirements except one, they will be barred from working. If a healthy newborn is feeding well, gaining weight satisfactorily, has had no post-natal problems and was delivered full term but with a weight of 2,500 grams, gaining a permit to work will be impossible.

This is where a certain restriction seem excessive. Of the 83,493 Victorian babies born in 2017, Victoria’s Consultative Council on Obstetric and Paediatric Mortality and Morbidity (CCOPMM) report states that 83.1% had a birthweight of between 2,500 and 3,999 grams.

This is the most common weight category and is associated with the least health risks (birthing a baby of a very low or high weight poses serious health risks to both mother and child).

Why is the weight restriction three kilograms in particular? This condition seems restrictive. What if an advertisement involves premature babies and therefore needs a smaller baby to exhibit its purpose? As long as a child is born at what is deemed a ‘healthy weight’ by paediatricians and nurses, and other requirements are satisfied, the child should be allowed to partake in work.

These health and developmental conditions are seen in the legislation of Victoria, Queensland and New South Wales, however New South Wales laws also maintain that a baby mustn’t be handled by more than four people including the child’s parent or guardian and a registered nurse or midwife.

Once an employer is satisfied of regulations relating to a baby’s birth and development, they must commit to upholding further regulations pertaining to the care and treatment of the baby on set.

Records of the child’s employment must be recorded and maintained. A baby may not be exposed to harmful lighting during their employment. An employer must also ensure that makeup is not applied to a baby unless the makeup is non-irritating and uncontaminated.

Finally, the child must not be exposed to anyone suffering from infectious diseases, or respiratory or skin infections during the baby’s employment. These are all fair and justifiable conditions that any reasonable person would adhere to, and are solidified in Victoria, New South Wales and Queensland’s related legislation.

Babies in Victoria can be employed for one hour or less on any day as long as a parent or guardian is present. However, babies aged 12 weeks and under cannot work for more than one hour on any day without a parent or guardian and registered nurse or registered midwife at all times.

The nurse or midwife must ensure the baby’s work environment doesn’t cause it distress, and that the employer follows the nurse or midwife’s advice in all matters relating to the baby’s welfare.

Children under three years are only allowed to work a maximum of four hours per day and three days per week in any consecutive seven day period. Privately hiring a registered nurse can cost approximately $100 per hour for a regular weekday, meaning production budgets could be made to foot an extra $400 to satisfy the requirement of ‘adequate supervision’.

Why must a licensed medical professional be present? Is a parent not capable enough of supervising the safety of their own child?

Depending on the time required to record a baby’s role, exorbitant amounts may be spent by employers on nurses or midwives. Employers can sometimes combat this by hiring identical twins or other multiple babies, allowing more than one hour’s worth of filming without breaching regulations.

At least Victoria hasn’t adopted New South Wales’ regulations: employers must to have a registered nurse or midwife on set for any child under the age of three years, regardless of how long the child works for.

Where Victoria, New South Wales and Queensland share many common regulations, all other states and territories have vastly different laws relating to the employment of children and babies. The inconsistency and ambiguity surrounding such laws makes child employment difficult for employers and parents to navigate.

As of 1 February 2019, all Australian states and territories confirmed their commitment to the Australian Human Rights Commission’s National Principles for Child Safe Organisations. These principles allow for the protection of children’s rights and safety, as well as that of their families.

Whilst these principles aren’t law, the uniform commitment by all states and territories provides a clear and consistent outline of how organisations should conduct themselves. The states should unite to create a consistent set of laws regarding child employment in the entertainment industry.

Moreover, if the Federal Parliament invoked its constitutional ability to govern over all relevant state legislation, a uniform and understandable set of laws could be enacted to ensure all Australian babies and children working in entertainment are treated equally.