Children and Young Persons (Care and Protection) Amendment (Children’s Employment) Act 2009 (NSW)

An Act to amend the Children and Young Persons (Care and Protection) Act 1998 and related legislation with respect to the employment of children.

1Name of Act

This Act is the Children and Young Persons (Care and Protection) Amendment (Children’s Employment) Act 2009.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157[1]Section 221 Definitions

Omit the definition of child in section 221 (1). Insert instead:

child means:

• (a)

  a person under the age of 15 years (except as provided by paragraph (b)), or

• (b)

  a person under the age of 16 years (in the case of employment as a model).

[2]Section 223 Certain employers of children to be authorised

Omit “10 penalty units”. Insert instead “100 penalty units”.

[3]Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Children and Young Persons (Care and Protection) Amendment (Children’s Employment) Act 2009

[4]Schedule 3

Insert at the end of the Schedule with appropriate Part and clause numbering:

PartProvision consequent on enactment of Children and Young Persons (Care and Protection) Amendment (Children’s Employment) Act 2009

The amendment to the definition of child in section 221 made by the Children and Young Persons (Care and Protection) Amendment (Children’s Employment) Act 2009 extends to the employment of a person on or after the commencement of that amendment, even if the contract or other arrangement under which the person is employed was entered into or made before that commencement.

Schedule 2Amendment of Children and Young Persons (Care and Protection—Child Employment) Regulation 2005

Insert “(or 16 years for models)” after “15 years” in the Column with the heading “Age” in Table A.