Student Education (Work Experience) Act Amendment Act 1989 (Qld)

127 STUDENT ED U C A TION EXPER I ENCE ) AC T A CT ANAL YSIS OF CONTENTS 1. Short title 2. Amendment of short title of Act No. 82 of 1978 3. Citation 4. Amendment of s. 3. Interpretation 5. Amendment of s. 4. Non-application of certain laws where students are to obtain work experience 6. Repeal of and new s. 6 Work experience in apprenticeship callings 7. Amendment of s. 7. Work experience in factories and shops 8. Amendment of s. 8. Conditions of work experience 9. New ss. 8A and 8B Approval of arrangements Notification of approvals 10. Amendment of s. 10. Workers' compensation 11. Amendment of s. 11. Protection of employers from liability ANNO TRICESIMO OCTAVO ELIZA ETAE SEC AE REGINAE No. 16 of 1989 An Act to amend the Student Education ( Work Experience) Act 197 8 in certain particulars [ASSENTED TO 30TH MARCH, 1989]

128 Student Education (Work Experience) Act Amendment Act 1989, No. 16 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Student Education (Work Experience) Act Amendment Act 1989. 2. Amendment of short title of Act No . 82 of 1978 . (1) The Student Education (Work Experience) Act 1978 is amended by, in section 1, omitting the words "Student Education (Work Experience)" and substituting the words "Education (Student Work Experience)". (2) A reference in any Act passed before the commencement of this section or in any instrument or other document made before the commencement of this section to the Student Education (WorkExperience) Act 1978 shall be construed as a reference to the Education(StudentWork Experience) Act 1978. 3. Citation . (1) In this Act, the Student Education (Work Experience)Act 1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Education (StudentWork Experience) Act 1978-1989. 4. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by, in subsection (1)- (a) in the definition "school", inserting after paragraph (b), the following new paragraphs: "(c) a special education unit administered by the Department of Education; (d) a State college of technical and further education; (e) a State senior college; (f) an institution for the training of children, administered by the Department of Family Services, that is staffed by officers employed by that Department;"; (b) relettering paragraph (c) as paragraph (g). 5. Amendment of s. 4. Non - application of certain laws where students are to obtain work experience . Section 4 of the Principal Act is amended by- (a) in subsection (1), omitting the words ", with the written consent of a parent,"; (b) in subsection (2), inserting before the word " calling" , the word "apprenticeship". 6. Repeal of and new s. 6. The Principal Act is amended by repealing section 6 and substituting the following section:- "6. Work experience in apprenticeship callings. Where a student is or is to be provided with work experience in an

Student Education (Work Experience) Act Amendment Act 1989, No. 16 129 apprenticeship calling to which the Employment, VocationalEducation and Training Act 1988 applies, the provisions of section 40 of that Act shall not apply to the provision of that work experience.". 7. Amendment of s. 7. Work experience in factories and shops. Section 7 of the Principal Act is amended by- (a) in subsection (2), omitting all words from and including the words "provided that-" to and including the words "10 days." and substituting the words "provided that, where the student has not attained the age of 15 years, the consent of the Director-General of Education or of any officer of the Department of Education authorized by the Director-General in that behalf, either generally or in a particular case, is first had and obtained."; (b) in subsection (3), omitting all words from and including the words "provided that" to and including the words "exceed 10 days". 8. Amendment of s. 8. Conditions of work experience . Section 8 of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (a), inserting before the words an arrangement" the words "where a student is less than 18 years of age,"; (ii) in paragraph (b), omitting all words from and including the words "and shall not" to and including the words "any school term"; (iii) omitting paragraph (e); (iv) relettering paragraphs (f), (g) and (h) as paragraphs (e), (f) and (g) respectively; (v) in paragraph (f) as so relettered, inserting before the word "calling" the word "apprenticeship"; (b) in subsection (2)- (i) in paragraph (a)- (A) in subparagraph (i), omitting the words "referred to in paragraph (a) or (b)" and substituting the words ", unit or college referred to in paragraph (a), (b), (c), (d) or (e)"; (B) inserting after subparagraph (i), the following subparagraph:- "(ii) in the case of an institution for the training of children referred to in paragraph (f), in the meaning of the term "school" in section 3, means, in respect of the institution in question, that portion of the year beginning with the first school day of that year and ending with the last school day of that year as determined from time to time by the Director- General, Department of Family Services;"; (C) renumbering subparagraph (ii) as subparagraph (iii);

130 Student Education (Work Experience) Act Amendment Act 1989, No. 16 (D) in subparagraph (iii) as so renumbered, omitting the expression "(c)" and substituting the expression "(g)"; (ii) in paragraph (b), omitting all words from and including the words "he or it is" to and including the words "as prescribed" and substituting the following words- (i) is equal to the maximum number of persons, other than apprentices who, from time to time, are in the full-time employment of that work experience person or body; or (ii) is, in circumstances that are in the opinion of the Minister special circumstances, equal to the number of persons as may, from time to time, be approved by the Minister.". 9. New ss. 8A and 8B . The Principal Act is amended by inserting, after section 8, the following new sections:- "8A. Approval of arrangements . An arrangement shall be made- (a) in respect of- (i) a State secondary school or a State special school; (ii) a secondary school or special school that is not a State school but at which secondary education or special education is provided that, in the opinion of the Minister, is the equivalent of secondary education or special education provided at a State school; (iii) a special education unit administered by the Department of Education; or (iv) an institution, a training centre or other place prescribed by the regulations to be a school for the purposes of this Act, only with the approval of the Director-General of Education or of any officer of the Department of Education authorized by him in that behalf either generally or in the particular case; (b) in respect of- (i) a State college of technical and further education; (ii) a State senior college, only with the approval of the Chief Executive, Department of Employment, Vocational Education and Training or of any officer authorized by him in that behalf either generally or in the particular case; (c) in respect of an institution for the training of children administered by the Department of Family Services, which is staffed by officers employed by that

Student Education (Work Experience) Act Amendment Act 1989, No. 16 131 Department, only with the approval of the Director- General, Department of Family Services or of any officer authorized by him in that behalf either generally or in the particular case. 8B. Notification of approvals . For the purposes of sections 10 and 11, and at least 14 days prior to the commencement of any arrangement, any arrangement approved pursuant to section 8A (b) or (c) shall be notified in writing to the Director-General of Education by those persons charged by this Act with approving such arrangements.". 10. Amendment of s. 10 . Workers' compensation . Section 10 of the Principal Act is amended by- (a) omitting the word "or" where it appears immediately after paragraph (a); (b) inserting after paragraph (a), the following new paragraphs:- "(b) one enrolled in a special education unit administered by the Department of Education; (c) one enrolled in a State college of technical and further education; (d) one enrolled in a State senior college; (e) one who is in an institution for the training of children administered by the Department of Family Services and staffed by officers employed by that Department; or"; (c) relettering paragraph (b) as paragraph (f). 11. Amendment of s. 11 . Protection of employers from liability. Section 11 of the Principal Act is amended by- (a) in subsection (1), omitting the words "with the State Government Insurance Office (Queensland)"; (b) in subsection (2), omitting the expression "$500 000" and substituting the expression "$2 000 000".