Child performers: permits, hours and supervision in NSW.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.

Employing a child in a performance in New South Wales is tightly regulated to protect the child's safety, schooling and wellbeing. An employer who casts and directs a child performer generally needs an authority to employ children from the NSW Office of the Children's Guardian, and must comply with the Children's Guardian Code of Practice for the entertainment industry.

The rules cover working hours, rest breaks, supervision and safety. A child cannot generally be employed past 9pm on a day before a school day, or for more than a set number of hours on a day when they have attended school, and must have a rest break each period of work. Rehearsals and costume fittings count as work and are covered by the same rules.

When authorisation is needed

The employer responsible for casting and directing the child generally needs an authority to employ children. Authorities run for set periods, and the employer, not the parent, holds the obligation to comply. Engaging a child performer without the required authority and processes is a breach of the child employment rules.

The Code of Practice

Employers in entertainment, exhibition and still photography must comply with the Children's Guardian Code of Practice. The Code sets the detailed conditions, including maximum hours by age, required breaks, supervision ratios, and the welfare arrangements that must be in place on set or in the theatre.

Hours and rest breaks

Hours are limited and depend on the child's age and whether they have school. As a guide, a child cannot generally work past 9pm before a school day, hours are capped on school days, and a rest break is required for each period of work, with a common minimum of a one hour break for each four hours worked. Total daily and weekly limits also apply.

Supervision, schooling and welfare

A child performer must be properly supervised, and arrangements for schooling and tutoring may be required where a production runs during school time. The welfare of the child comes first, and a production schedule has to be built around these limits, not the other way around.

Notification and planning

Employers must notify the regulator ahead of a child's first day of work, commonly at least seven days before, and that includes preparatory activities such as rehearsals and fittings. Build the authority, the notifications and the welfare arrangements into the production timeline early, because they cannot be rushed at the last minute.

Other states and working with children checks

Other states run their own regimes. Victoria, for example, requires child employment permits under its own child employment laws, with similar protections. If you tour a production with child performers, you must meet the rules of each state you perform in. Separately, adults working with the child may need a working with children check, which is a distinct requirement from the authority to employ children.

Frequently asked.

Do I need a permit to cast a child in a show in NSW?

Generally yes. The employer who casts and directs the child needs an authority to employ children from the NSW Office of the Children's Guardian, and must comply with the Code of Practice.

What are the working hour limits for child performers in NSW?

Hours depend on age and schooling. As a guide, a child generally cannot work past 9pm before a school day, hours are capped on school days, and a rest break is required for each period of work.

Do rehearsals and fittings count as work?

Yes. Preparatory activities such as rehearsals and costume fittings are treated as work and are covered by the same rules and notification requirements.

Are the rules the same in other states?

No. Each state has its own child employment regime. Victoria, for example, uses child employment permits. A touring production must meet the rules of each state it performs in.

Is a working with children check the same as the authority to employ children?

No. They are separate. The authority to employ children is held by the employer. A working with children check applies to adults who work with the child and is a distinct requirement.

If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 13 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.

← Back to Entertainment & Arts Law