sec.12Chief executive may authorise a child to do particular work

sec.12 Chief executive may authorise a child to do particular work

A child, or an adult on the child’s behalf, may apply to the chief executive, in writing, for a certificate under this section ( special circumstances certificate ) for the child. The application must— state, in enough detail to allow the chief executive to properly consider the application, what is sought to be authorised by the special circumstances certificate; and if the child is a school-aged child, state when the child is required to attend school; and be supported by— a parent of the child, unless the child does not have a parent or lives independently from his or her parents; and if the application is made by an adult—the child; and if the person making the application is not the child’s employer—the child’s employer or proposed employer; and the information required under a regulation; and any other information the chief executive reasonably requires to decide the application. A special circumstances certificate may authorise— a child— to do work a regulation states a child may not do; or to work in a way a regulation states a child may not work; or to work when a regulation states a child may not work; or to work without supervision by an adult; or if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school; or an employer to permit a child— to do work a regulation states a child may not do; or to work in a way a regulation states a child may not work; or to work when a regulation states a child may not work; or to work without supervision by an adult; or if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school. The chief executive may grant a special circumstances certificate for a child only if the chief executive is satisfied, on reasonable grounds, that, having regard to the child’s particular circumstances, the work— will not interfere with the child’s schooling; and will not be harmful to the child’s health or safety or physical, mental, moral or social development. The chief executive may impose conditions on the special circumstances certificate and may review the special circumstances certificate at any time the chief executive considers appropriate. A regulation may prescribe matters the chief executive must take into account when considering whether to grant a special circumstances certificate. An employer who requires or permits a child to work in contravention of a special circumstances certificate granted for the child commits an offence. Maximum penalty for subsection (7) —100 penalty units. This provision is an executive liability provision—see section 33 . s 12 amd 2013 No. 51 s 229 sch 1 (sec.12-ssec.1) A child, or an adult on the child’s behalf, may apply to the chief executive, in writing, for a certificate under this section ( special circumstances certificate ) for the child. (sec.12-ssec.2) The application must— state, in enough detail to allow the chief executive to properly consider the application, what is sought to be authorised by the special circumstances certificate; and if the child is a school-aged child, state when the child is required to attend school; and be supported by— a parent of the child, unless the child does not have a parent or lives independently from his or her parents; and if the application is made by an adult—the child; and if the person making the application is not the child’s employer—the child’s employer or proposed employer; and the information required under a regulation; and any other information the chief executive reasonably requires to decide the application. (sec.12-ssec.3) A special circumstances certificate may authorise— a child— to do work a regulation states a child may not do; or to work in a way a regulation states a child may not work; or to work when a regulation states a child may not work; or to work without supervision by an adult; or if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school; or an employer to permit a child— to do work a regulation states a child may not do; or to work in a way a regulation states a child may not work; or to work when a regulation states a child may not work; or to work without supervision by an adult; or if the child is a school-aged child who does not have a parent or lives independently from his or her parents—to work without having a parent’s consent form when the school-aged child is not required to attend school. (sec.12-ssec.4) The chief executive may grant a special circumstances certificate for a child only if the chief executive is satisfied, on reasonable grounds, that, having regard to the child’s particular circumstances, the work— will not interfere with the child’s schooling; and will not be harmful to the child’s health or safety or physical, mental, moral or social development. (sec.12-ssec.5) The chief executive may impose conditions on the special circumstances certificate and may review the special circumstances certificate at any time the chief executive considers appropriate. (sec.12-ssec.6) A regulation may prescribe matters the chief executive must take into account when considering whether to grant a special circumstances certificate. (sec.12-ssec.7) An employer who requires or permits a child to work in contravention of a special circumstances certificate granted for the child commits an offence. Maximum penalty for subsection (7) —100 penalty units. This provision is an executive liability provision—see section 33 .