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EDUCATION (PARTICIPATION) AMENDMENT ACT 2009 (NO. 40 OF 2009) - SCHEDULE 1

Schedule 1     Consequential amendments

(see s 3)

Part 1.1     Children and Young People Act 2008

[1.1]     Section 86 (1) and note

substitute

    (1)     This section applies if a family group conference agreement proposed under section 85 (2) is about a young person who is 15 years old or older.

[1.2]     Section 397 (d) and note

substitute

        (d)     for a voluntary care agreement in relation to a young person who is 15 years old or older, the chief executive—

              (i)     obtains the young person's agreement to the voluntary care agreement; or

              (ii)     is satisfied that the young person does not have sufficient maturity or developmental capacity to understand and agree to the proposed voluntary care agreement.

[1.3]     Section 645 (1) (a) and note

substitute

        (a)     for a young person who is 15 years old or older—the young person; and

[1.4]     Section 779

omit

[1.5]     Section 780, definition of work experience and note

substitute

"work experience" means the engagement of a child or young person who is under 15 years old by someone if the engagement is—

        (a)     arranged by an educational institution where the child or young person is enrolled; and

        (b)     part of a work experience program (however described) conducted by the educational institution.

[1.6]     Section 782 (a)

substitute

        (a)     for a child or young person under 15 years old who is required to attend a school or participate in an education course under the Education Act 2004 —it is likely to prejudice the ability of the child or young person to benefit from the education; or

[1.7]     Part 21.4 heading and notes

substitute

Part 21.4     Employment of children and young people under 15 years old

Note     Work safety matters are dealt with in the Work Safety Act 2008 .

[1.8]     Dictionary, definition of school-leaving age and note

omit

[1.9]     Further amendments, mentions of school-leaving age

omit

school-leaving age

substitute

15 years old

in

              •     section 76, definition of family group conference agreement

              •     section 85

              •     section 87

              •     section 399

              •     section 400

              •     section 795

              •     section 799

              •     section 803

              •     dictionary, definition of high risk employment

              •     dictionary, definition of light work

Part 1.2     Evidence (Miscellaneous Provisions) Act 1991

[1.10]     Section 74 (2) (b) (iii)

substitute

              (iii)     section 803 (Offence––employment of child or young person under 15 years old in high risk employment);



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