Education Act 1989

  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
30 Employment of school-age children

(1)

No person shall employ any person who has not turned 16 at any time—

(a)

within school hours; or

(ab)

in the case of a person who is a student participating in a secondary-tertiary programme, when the employment interferes with the person’s ability to undertake the secondary-tertiary programme; or

(b)

in the case of a person enrolled at a correspondence school, when the employment interferes with the person’s ability to do the work of the course in which the student is enrolled; or

(c)

in the case of a person who has been granted a certificate of exemption under section 21, when the employment interferes with the person’s ability to be taught as well and regularly as in a registered school; or

(d)

if the employment then—

(i)

prevents or interferes with the person’s attendance at school; or

(ia)

in the case of a person who is a participating student, interferes with the person’s ability to undertake his or her secondary-tertiary programme; or

(ii)

in the case of a person enrolled at a correspondence school, interferes with the person’s ability to do the work of the course in which the person is enrolled,—

unless there has been produced to the employer a certificate of exemption, or other satisfactory evidence that the person is exempted (otherwise than under section 21(1)) from enrolment at any school.

(2)

Every person who—

(a)

being a parent of any other person, permits the other person to be employed contrary to subsection (1); or

(b)

employs any other person in contravention of the subsection,—

commits an offence, and is liable on conviction to a fine not exceeding $1,000.

Compare: 1964 No 135 ss 121, 122

Section 30(1): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 30(1)(ab): inserted, on 21 December 2010, by section 8(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 30(1)(d)(ia): inserted, on 21 December 2010, by section 8(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 30(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).