Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies in relation to a child of compulsory school age who has not completed year 10 of secondary education.
(2) A person must not employ, or permit to be employed, the child during a time of a school day when the child is required to attend school.
Fault elements:
The person:
(a) intentionally employs the child; and
(b) is reckless as to whether the child:
(i) is of compulsory school age; and
(ii) has completed year 10 of secondary education; and
(c) knows the day is a school day.
Maximum penalty: For a first offence – 50 penalty units or imprisonment for 3 months.
For a second or subsequent offence –100 penalty units or imprisonment for 6 months.
(3) Also, a person must not employ, or permit to be employed, the child at any time in employment likely to cause the child to be:
(a) unfit or unable to attend school at the times the child is required to attend school; or
(b) unfit or unable to understand instruction provided for the child when attending the school.
Fault elements:
The person:
(a) intentionally employs the child; and
(b) is reckless as to whether the child is or will be unfit or unable to attend school or understand instruction.
Maximum penalty: For a first offence – 50 penalty units or imprisonment for 3 months.
For a second or subsequent offence –100 penalty units or imprisonment for 6 months.
(4) Subsections (2) and (3) do not apply if an exemption under subsection (5) applies in relation to the child.
(5) The Minister may grant an exemption for a child from all or any of the provisions of subsection (2) or (3) if satisfied it is appropriate to do so because of special circumstances.