247Employment of children

247 Employment of children

(1)  In this section –

prescribed child means a school-aged child who is not exempted under section 13 from the requirement to be enrolled at a school;

prescribed youth means a youth who is required under section 24 to participate in an approved learning program or be home educated.

(2)  Except as authorised by the Secretary, a person must not employ, or permit to be employed, a prescribed child during the hours when the child is required to –

(a) attend a school; or

(b) undertake home education; or

(c) participate in an individual education program.

Penalty:  Fine not exceeding 100 penalty units.

(3)  Except as authorised by the Secretary, a person must not employ, or permit to be employed, a prescribed youth during the hours when the youth is required to –

(a) participate in his or her approved learning program; or

(b) undertake home education.

Penalty:  Fine not exceeding 100 penalty units.

(4)  Subsection (3) does not apply if the person employing the prescribed youth is a provider under the youth's approved learning program and employs the youth in accordance with that program.

(5)  It is a defence to an offence against subsection (2) or (3) if the defendant proves that he or she had a reasonable belief that the prescribed child or prescribed youth was not –

(a) a school-aged child or youth; or

(b) a prescribed child or prescribed youth.