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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.]