SCHOOL EDUCATION ACT 1999 - SECT 11L
SCHOOL EDUCATION ACT 1999 - SECT 11L
11L . Independent child, designating child to be
(1) The Minister may
designate a child to be an independent child for the purposes of this
Subdivision if the Minister is satisfied that the child has the capacity to
make his or her own decisions in relation to the provisions referred to in
subsection (3).
(2) The Minister is
not to designate a child under subsection (1) —
(a)
without having taken into account —
(i)
the existence or absence of a relationship between the
child and a parent of the child; and
(ii)
the nature of the relationship, if any;
and
(b)
unless the Minister is satisfied that no working relationship exists between
the child and a parent of the child.
(3) An independent
child may, in relation to the child —
(a) give
or cancel a notice under section 11D(1) or (3); or
(b) give
notice of a variation or proposed variation under section 11D(4); or
(c) give
notice of cessation under section 11D(5); or
(d) make
an application under section 11G(2); or
(e) give
notice of employment or cessation of employment under section 11H,
and the notice or
application has effect as if it had been given or made by a parent of the
child.
(4) If an independent
child has made an application under section 11G(2) references in
section 11G(5) and (6) to a parent are, subject to subsection (5), to be read
as references to the child.
(5) A decision to
designate a child as an independent child may be reviewed or revoked by the
Minister at any time.
(6) This section does
not apply to a child —
(a) who,
before the commencement day, is a ward for the purposes of the
Child Welfare Act 1947 2 , whether or not the child is under the guardianship
of the Director-General as defined in that Act; or
(b) for
whom, after the commencement day, the CEO as defined in section 3 of the
Children and Community Services Act 2004 has parental responsibility under
that Act.
(7) In subsection (6)
—
commencement day means the day on which section
250 of the Act mentioned in subsection (6)(b) comes into operation.
[Section 11L inserted: No. 22 of 2005 s. 20.]