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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.4.11 Application of certain laws if employment is for work experience

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.4.11

Application of certain laws if employment is for work experience

    (1)     Subject to this Division, an Act or law relating to the prohibition or regulation of the employment of children or young persons does not apply to the employment of a child or young person who—

        (a)     is a student at a school; and

        (b)     is of or over 14 years of age; and

        (c)     with the written consent of a parent is employed under a work experience arrangement.

    (2)     If an Act or law prohibits the employment or regulates the working conditions in a specified occupation—

        (a)     of persons of less than or not more than a specified age expressed as a number of years; or

        (b)     of females—

then subsection (1) must not be taken to permit the employment of a person contrary to that Act or law.

S. 5.4.11(3) amended by No. 27/2022 ss 45(1), 76.

    (3)     For the avoidance of doubt, a licence under Division 2 of Part 2 of the Child Employment Act 2003 is not required for the employment of a child in accordance with a work experience arrangement.

S. 5.4.11(4) repealed by No. 27/2022 s. 45(2).

    *     *     *     *     *

    (5)     The Minister, by Order published in the Government Gazette, may declare any class of employment to be dangerous employment if, in the Minister's opinion, there is a higher than usual risk of a child being exposed to the risk of physical injury in employment of that class.

    (6)     The Minister, by Order published in the Government Gazette, may from time to time amend or revoke an order made under subsection (5).

    (7)     If in respect of any trade the working conditions of young persons are regulated but the employment or working conditions of children are not specifically prohibited or regulated, a child may be employed in that trade pursuant to a work experience arrangement so long as the working conditions are those applicable to a young person.