US embassy cable - 05CANBERRA1399

UNCLAS SECTION 01 OF 02 CANBERRA 001399 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR DRL/IL LAUREN HOLT 
LABOR FOR DOL/ILAB TINA MCCARTER 
 
E.O.12958: N/A 
TAGS: PGOV, ELAB, KTDB, AS 
SUBJECT: REVISED CHILD LABOR REPORT ON AUSTRALIA 
 
REF: STATE 143552 
 
SENSITIVE BUT UNCLASSIFIED, PROTECT ACCORDINGLY. 
 
1.  Per reftel, we raised child labor issues with the 
Department of Employment and Workplace Relations (DEWR) on 
August 11 and 16, and with the domestic NGO Child Wise and 
the Australian Council of Trade Unions on August 12.  Our 
Australian counterparts responded that they shared U.S. 
concerns about the worst forms of child labor, but none of 
them was aware of such practices occurring in any of the 
Australian territories that are eligible for benefits under 
the GSP program. 
 
2.  DEWR International Relations Director Scott Evans 
provided us with additional information on Commonwealth laws 
and legal coverage regulating child employment practices in 
the territories.  The bullet points below comprise our 
revised submission on the laws governing child labor in each 
of Australia's four GSP-eligible territories: Christmas 
Island, Cocos (Keeling) Islands, Heard and McDonald Islands 
and Norfolk Island. 
 
  --  Christmas Island (Australian territory).  The 
Commonwealth Department of Transport and Regional Services 
administers Christmas Island on behalf of the Federal 
Minister for Local Government, Territories and Roads.  Both 
Federal and Western Australian (W.A.) criminal laws, which 
are enforced by the Australian Federal Police, apply to 
Christmas Island.  W.A. schooling and child protection laws 
apply on the islands, and are available online at: 
http://www.slp.wa.gov.au/statutes/swans.nsf.  The GOA 
legislation is available online at: 
http://www.austlii.edu.au/au/legis/cth/consol _act/. 
 
Statistics on the number of working children under the age 
of 15 on Christmas Island are unavailable.  W.A. State child 
welfare laws apply to Christmas Island.  The law prohibits 
the employment of children aged less than 15 years during 
school hours and between 9:30 p.m. to 6:00 a.m. [W.A. Child 
Welfare Act 1947 s.107].  Education is free and compulsory 
between the ages of six and 15 [W.A. Schools Education Act 
1999, section 6 definitions].  Causing, permitting or 
seeking to induce a child under the age of 18 years to act 
as a prostitute or participate in pornographic performances 
is prohibited under W.A. law [W.A. Prostitutes Act 2000 
section 16 and W.A. Child Welfare Act 1947 section 108]. 
Slavery and sexual servitude are also prohibited and 
punishable under Federal law [Criminal Code section 270]. 
 
  --  Cocos (Keeling) Islands (Australian territory).  The 
Commonwealth Department of Transport and Regional Services 
administers Cocos (Keeling) Islands on behalf of the Federal 
Minister for Local Government, Territories and Roads.  Both 
Federal and Western Australian (W.A.) criminal laws, which 
are enforced by the Australian Federal Police, apply to 
Cocos (Keeling) Islands.  See section above on Christmas 
Island for reference to schooling and child protection laws 
applying to Cocos (Keeling) Islands, and for reference to 
relevant Federal Government criminal laws. 
 
Statistics on the number of working children under the age 
of 15 on Cocos (Keeling) Islands are unavailable.  W.A. 
State child welfare laws apply to Cocos (Keeling) Island. 
The law prohibits the employment of children aged less than 
15 years during school hours and between 9:30 p.m. to 6:00 
a.m. [W.A. Child Welfare Act 1947 s.107].  Education is free 
and compulsory between the ages of six and 15 [W.A. Schools 
Education Act 1999, section 6 definitions].  Causing, 
permitting or seeking to induce a child under the age of 18 
years to act as a prostitute or participate in pornographic 
performances is prohibited under W.A. law [W.A. Prostitutes 
Act 2000 section 16 and W.A. Child Welfare Act 1947 section 
108].  Slavery and sexual servitude are also prohibited and 
punishable under Federal law [Criminal Code section 270]. 
 
  --  Norfolk Island (Self-Governing Australian territory). 
Norfolk Island is a self-governing territory that shares 
legislative power with the Commonwealth Government.  The 
Island's Government and Legislative Assembly retain certain 
legislative and executive powers, including education and 
labor relations.  Norfolk Island laws are available online 
at: http://www.info.gov.nf/legislation/Consolidat edActs. 
Statistics on the number of working children under the age 
of 15 on Norfolk Island are unavailable.  Norfolk Island law 
prohibits the employment of children under the age of 15 
years during school hours and between the hours of 11:00 
p.m. and 6:00 a.m. [Norfolk Island's Employment Act 1988 
Section 24. Employment of persons under the age of 15 
years].  Education is free and compulsory between the ages 
of five and 15 [Norfolk Island Education Act 1931, 
http://www.norfolk.gov.nf/].  Slavery and sexual servitude 
are also prohibited and punishable under Australian Federal 
law [Criminal Code section 270]. 
  --  Heard and McDonald Islands (Australian territory). 
Heard and McDonald Islands are uninhabited sub-Antarctic 
islands managed by the Government of Australia's Antarctic 
Division.  There are no children resident on Heard and 
McDonald Islands. 
STANTON