79Employment of infirm persons

### 79 Employment of infirm persons > *\[Section 79 Substituted by No. 59 of 1992, s. 55 \]* > > > (1)  [*\[Section 79 Subsection (1) amended by No. 18 of 1997, s. 39, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS39@Hpa@EN) The Commission may, on application by an infirm person, grant that person an authority to work at a wage less than that fixed by any relevant award or relevant registered agreement. > > > (2)  [*\[Section 79 Subsection (2) amended by No. 18 of 1997, s. 39, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS39@Hpb@EN) The Commission must not grant an authority under [subsection (1)](#GS79@Gs1@EN) unless, after consulting officers of such employee organizations as the Commission considers appropriate, the Commission is satisfied that the applicant is, by reason of infirmity, unable to obtain employment at the wage fixed by any relevant award or relevant registered agreement. > > > (3)  If the Commission refuses to grant an authority under [subsection (1)](#GS79@Gs1@EN) , the Commission must immediately serve a written notice on the applicant informing the applicant of the refusal and the reason for the refusal. > > > (4)  An authority – > > > > > > (a) must specify the terms on which it is granted including the minimum wage rate at which the person to whom the authority is granted is authorized to work; and > > > > > > > (b) may specify the period for which it is to remain in force. > > > (5)  The Commission may revoke an authority at any time by giving the person to whom it was granted at least 7 days written notice of the revocation and the reason for the revocation. > > > (6)  Subject to [subsection (7)](#GS79@Gs7@EN) , an employer in an industry or occupation within the jurisdiction of the Commission must not employ a number of persons authorized under this section that exceeds 20% of the whole number of persons employed by the employer in that industry or occupation. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (7)  [Subsection (6)](#GS79@Gs6@EN) does not apply to the employment in an industry or occupation of one person authorized under this section.