Students on Work Experiences Legislation
Work Experience 2004
Pursuant to section 71 (2) of the Education Act 1989, the Minister of Education hereby gives notice:
- This notice may be cited as the Work Experience Notice 2004.
- This notice shall come into force on 1 January 2005.
- The provisions of this notice apply to student attendance in a workplace of any kind other than for one-off workplace visits designed to give students a taste of different occupations, help them in career planning, or to illustrate an aspect of the curriculum.
- No principal, teacher, or occupier of a workplace shall allow a student to go into, or remain in, a workplace to undertake work-based learning or work experience, unless the following conditions have been complied with:
a. The Board of Trustees has approved a written document outlining practices to be followed in relation to work experience for students in its school.
b. Appropriate written consent has been obtained, according to practices approved by the Board of Trustees. For students under the age of 16 this must include consent from parents or caregivers.
c. The only cost, if any, that is charged to the student or their family is for travel to and from the workplace. (Please note this notice does not give a Board any right to charge fees that it would otherwise be unable to charge).
d. There is a written agreement between each student, the school and the employer that covers the following:
- the knowledge and skills to be attained;
- the assessment method;
- the supervision to be provided to the student;
- the student's attendance and hours in the workplace;
- the applicability of school rules and workforce rules; and
- procedures for early withdrawal (if necessary) from the work-based learning or work experience.
e. The student concerned is not paid.
f. The student concerned is not required to join or belong to a union.
g. The student concerned will not undertake work that is arduous or dangerous in relation to the student's age or stage of development.
- Students undertaking work experience are to be treated as if they are attending school and the school must take all reasonable steps to monitor and record attendance as required by appropriate regulations.
The "Work Exploration Schemes Notice (No. 1) 1982" published in the New Zealand Gazette of 18 March 1982, No 32, page 848, is hereby revoked.
Dated at Wellington this 2nd day of November 2004.
MINISTER OF EDUCATION