My rights as a young person

Different environments and contexts have distinct implications for your rights. However, regardless of the setting, you have the right to feel safe and be safe.

Being safe means you are free from abuse, harassment, discrimination or inappropriate behaviour. Feeling safe means you are comfortable in the places where you spend time, and can trust the adults around you.

You have a right to:

• Be safe and feel safe wherever you are

• Expect that the adults around you are keeping you safe

• Be given information about how to raise a safety concern

• Be listened to and for action to be taken if you have a safety concern.

Knowing your rights and obligations is one of the most important things you can do to prevent workplace problems.

At work, issues relating to race, age, sex and disability discrimination may occur, so it’s important to know your rights and responsibilities in this environment.

The National Employment Standards (NES)

These are the 11 minimum employment entitlements that apply to most employees:

• Maximum weekly hours

• Requests for flexible working arrangements

• Offers and requests to convert from casual to permanent employment

• Parental leave and related entitlements

• Annual leave

• Personal/carer's leave, compassionate leave, family and domestic violence leave

• Community service leave

• Long service leave

• Public holidays

• Notice of termination and redundancy pay

• Fair Work Information Statement (the FWIS) and Casual Employment Information Statement (the CEIS).

Remember, these are the very minimum standards you are entitled to, and you may have more rights and entitlements you can find depending on your workplace.

A great place to start looking for specific information on your workplace is your Enterprise Agreement (EA). An EA contains the terms and conditions for your employment, clearly stating your entitlements as an employee.

Not all workplaces have an EA. Other places to look for information could be your employment contract and organisation's policies and procedure documents.

Key workplace policies and procedures

• Staff code of conduct

• Child safe code of conduct

• Recruitment

• Whistleblower

• Leave entitlements

• Parental leave

• Professional development

• Equal employment opportunity

• Working from home

• Flexible work arrangements

• Bullying and harassment

• Internal grievance

• Flexitime, overtime and time-in-lieu (TIL)

• Travel and working away from home, vehicles

• Disciplinary

• Diversity and inclusion

This list is not complete and your workplace may have policies and procedures unique to them. The main thing is to access and read your workplaces policies and procedures – they will give you a solid understanding of your rights.

Bullying and harassment in the workplace

Workplaces should feel safe and comfortable while you are there and whenever you engage with co-workers.

Under the Occupational Health and Safety Act (2004), bullying and occupational violence is illegal.

If you believe you are being bullied or harassed at work you should:

• Take firm, decisive and prompt action.

• If you feel comfortable, tell the person that you find their behaviour offensive, unwelcome, unacceptable, and that it needs to stop immediately.

• If the behaviour continues, or if you don’t feel comfortable telling the person, seek advice from someone else you trust in the organisation such as your line manager or someone from human resources (HR). They will support and guide you on how to resolve the situation

• Work in a healthy and safe environment

• Be covered by equal opportunity and anti-discrimination legislation

• Be adequately covered by insurance

• Be given accurate and truthful information about the workplace and receive an appropriate training

• Be reimbursed for out-of-pocket expenses

• Not fill a position that a paid worker has done before you

• Not do the work of paid staff during industrial disputes

• Have a job description and agreed working hours

• Have your personal information dealt with confidentially

Workplaces often have a volunteer policy and procedure, so check that out as a first step.

Many workplaces will also send you volunteer documents to read and sign before you begin. They may include:

• Volunteer agreements

• Volunteer induction forms

• Staff code of conduct

• Child safe code of conduct

• Grievance policy and procedure

Workplaces should also send you any other policy that affects our relates to your work. If the workplace you volunteer for doesn’t send you any documents, you can request them. It’s your right to know your rights.

Your right to participate as a young person is a human right, written in three articles of the UNCRC, cementing them into international law.

• Article 12: You have the right to say what you think should happen when adults are making decisions that affect you.

• Article 13: You have the right to get, and to share, information.

• Article 15: You have the right to meet with other children and young people and to join groups and organisations.

YouthLaw legal advocate for young people.

WEstjustice provides free legal help to people in the Western suburbs of Melbourne. 

Flemington & Kensington Legal Centre assist people and communities to assert their rights, and access justice.

Young Workers Centre provides free advice and representation to young people under the age of 30 with employment law issues.