(1) Despite anything to the contrary in any law, the minimum rate of payment payable to a student employed under an arrangement—
(a) in the case of a work experience arrangement, is the minimum rate of payment fixed under section 5.4.4; or
(b) in the case of a structured workplace learning arrangement, is the minimum rate of payment fixed under section 5.4.6.
(a) an arrangement is for employment with an organisation that is engaged wholly or mainly in an educational, charitable, or community welfare service not conducted for profit; and
(b) the student determines that the whole of his or her payment will be donated back to the organisation; and
(c) the written consent of his or her parent is obtained to the proposed donation—
the determination of the student to donate back the payment and the consent of his or her parent may be stated in the arrangement.
(3) A department of the Commonwealth Government or a body established under a Commonwealth Act that employs a student under an arrangement is not required to make any payment to the student, despite anything to the contrary in this or any other Act or in any law or award.
(4) If the Minister is satisfied that a structured workplace learning arrangement is for the employment of a student or a category of students in a skills or training centre conducted by an employer on a not for profit basis, the Minister may determine that the employer is not required to make any payment to a student or a member of the category of students referred to in the determination in respect of any period of employment in that centre.
(5) If the Minister makes a determination under subsection (4) the employer is not required to make any payment to the student or the member of the category of students referred to in the determination in respect of any period of employment in the skills or training centre despite anything to the contrary in this or any other Act or in any law or award.
S. 5.4.9(6) amended by No. 67/2013 s. 649(Sch. 9 item 13(1)).
(6) For the purposes of the Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation Act 2013 , payment at the minimum rate under subsection (1) is deemed to be payable to a student in the circumstances set out in subsections (3), (4) and (5).