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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRAINING AND
EMPLOYMENT BILL 2000
Queensland
TRAINING AND EMPLOYMENT BILL
2000
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
5 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 2--DEFINITIONS AND BASIC CONCEPTS
6 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
7 What is an "apprenticeship" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8 What is a "traineeship" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9 Who is an "apprentice" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
10 Who is a "trainee" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 What is an "apprenticeship contract" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
12 What is a "traineeship contract" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
13 What is a "training plan" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
14 What is a "registered training organisation" . . . . . . . . . . . . . . . . . . . . . . . . . 22
15 What is a "supervising registered training organisation" . . . . . . . . . . . . . . . 22
16 What is a "vocational placement scheme" . . . . . . . . . . . . . . . . . . . . . . . . . . 22
17 What is a "vocational placement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2
Training and Employment
CHAPTER 2--TRAINING ORGANISATIONS
PART 1--REGISTRATION OF TRAINING ORGANISATIONS
Division 1--Applying for registration
18 Applying for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19 Council to keep register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
20 Suitability for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
21 How council may deal with application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
22 Type of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 Registration conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24 Registering training organisations registered under corresponding law . . . . 25
25 Training organisation registered under corresponding law not to
provide service unless registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
26 Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2--Provisions about amending, suspending and cancelling
registration
27 Amending or cancelling registration on application by registered
training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28 Grounds for amending, suspending or cancelling registration
without application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
29 Procedure for amending, suspending or cancelling registration . . . . . . . . . . 28
30 Return of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
31 Restrictions after action to amend, suspend or cancel registration
started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
32 Council to notify amendment, suspension or cancellation of registration . 31
Division 3--False statements
33 False statements by training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 4--Other provisions
34 Issuing qualifications and statements of attainment . . . . . . . . . . . . . . . . . . . 32
35 Assessment of skills or knowledge by registered training organisation . . . . 33
36 Cancellation of qualification or statement of attainment . . . . . . . . . . . . . . . 34
PART 2--COURSE ACCREDITATION
37 Object of accrediting a course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
38 Council may accredit courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
39 Issue of qualification or statement of attainment . . . . . . . . . . . . . . . . . . . . . 35
3
Training and Employment
40 How council may deal with application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
41 Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
42 Term of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
43 Cancelling accreditation on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
44 Procedure for granting and amending accreditation . . . . . . . . . . . . . . . . . . . 36
45 Amendment or cancellation of accreditation without application . . . . . . . . 37
46 Recognition of courses accredited under corresponding laws . . . . . . . . . . . 37
47 Reassessment of accredited course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
CHAPTER 3--APPRENTICES AND TRAINEES
PART 1--APPRENTICESHIP AND TRAINEESHIP CONTRACTS
Division 1--Preliminary
48 Start of apprenticeship or traineeship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
49 Term of training contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
50 Probationary period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
51 Ending apprenticeship or traineeship in probationary period . . . . . . . . . . . . 39
Division 2--Signing and registration of training contracts
52 Training contract to be signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
53 Employer to give training contract to council for registration . . . . . . . . . . . 40
54 Registering training contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
55 False or misleading information in training contract . . . . . . . . . . . . . . . . . . 41
56 Premiums prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 3--Amending or assigning registered training contract
57 Amending or assigning registered training contract . . . . . . . . . . . . . . . . . . . 42
58 Minor amendment of registered training contract . . . . . . . . . . . . . . . . . . . . . 43
59 Statutory assignment or cancellation of registered training contract . . . . . 43
Division 4--Cancelling training contract
60 Reinstatement in previous position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
61 Agreeing to cancel training contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
62 Reinstatement of training contract cancelled by coercion . . . . . . . . . . . . . . 45
63 Cancelling training contract for inability to perform contract on
stated grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64 Cancellation for serious misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
4
Training and Employment
65 Council's power to reinstate training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
66 Cancelling registration of training contract . . . . . . . . . . . . . . . . . . . . . . . . . . 50
67 Training contract ends if registration cancelled . . . . . . . . . . . . . . . . . . . . . . 50
68 Effect of cancelling or ending training contract . . . . . . . . . . . . . . . . . . . . . . 50
69 Employer to notify supervising registered training organisation . . . . . . . . . 51
Division 5--Discipline
70 Definition for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
71 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 6--Completion of apprenticeship or traineeship
72 Employer and apprentice or trainee to notify completion of training . . . . . 54
73 Issuing qualification or statement of attainment on completion of
training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
74 Signing of completion agreement ends registered training contract . . . . . . 55
75 Signing of completion agreement ends training plan . . . . . . . . . . . . . . . . . . 55
76 Cancelling completion certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
77 Delayed completion of registered training contract . . . . . . . . . . . . . . . . . . . 56
78 Cancellation or completion of registered training contract
terminates employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 7--Employers obligations for apprentice or trainee
79 Employer to provide facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
80 Employer to comply with training plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
81 Employer not to prevent participation in training . . . . . . . . . . . . . . . . . . . . . 58
82 Employer to report notifiable events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 8--Prohibited employers
83 Prohibited employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
84 Revocation of declaration as prohibited employer . . . . . . . . . . . . . . . . . . . . 61
85 Prohibited employer not to contravene declaration . . . . . . . . . . . . . . . . . . . 62
Division 9--Other provisions
86 Temporary stand down under registered training contract . . . . . . . . . . . . . . 62
87 Employer restriction on training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
88 Apprentice or trainee restriction on training . . . . . . . . . . . . . . . . . . . . . . . . . 63
89 Restricted callings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
5
Training and Employment
PART 2--SUPERVISING REGISTERED TRAINING
ORGANISATIONS
90 Requirement for supervising registered training organisation . . . . . . . . . . . 64
91 Becoming a supervising registered training organisation . . . . . . . . . . . . . . . 64
92 Availability of facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
93 Supervising registered training organisation to ensure delivery of
training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
94 Replacing supervising registered training organisation . . . . . . . . . . . . . . . . 65
95 Replaced training organisation to give statement of attainment . . . . . . . . . 66
PART 3--TRAINING PLANS FOR APPRENTICES OR
TRAINEES
Division 1--Signing training plan for apprentice or trainee
96 Training plan for apprentice or trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
97 Parties to training plan for apprentice or trainee . . . . . . . . . . . . . . . . . . . . . . 66
98 Training plan for apprentice or trainee to be negotiated by parties . . . . . . . 67
99 Coercion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
100 Signing training plan for apprentice or trainee . . . . . . . . . . . . . . . . . . . . . . . 67
101 Copies of signed training plan for apprentice or trainee . . . . . . . . . . . . . . . . 68
102 False or misleading information in training plan . . . . . . . . . . . . . . . . . . . . . 68
Division 2--Ending or changing training plan for apprentice or
trainee
103 Automatic cancellation on replacement of supervising registered
training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
104 Automatic cancellation if apprenticeship or traineeship ends . . . . . . . . . . . 68
105 Statement of attainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
106 Changing a training plan for an apprentice or trainee . . . . . . . . . . . . . . . . . 69
CHAPTER 4--VOCATIONAL PLACEMENT
PART 1--PRELIMINARY
Division 1--Definitions for chapter 4
107 Definitions for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 2--Vocational placement schemes
108 Applying for recognition of vocational placement scheme . . . . . . . . . . . . . 70
109 How council deals with application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
110 Offering course if vocational placement scheme not recognised . . . . . . . . 70
6
Training and Employment
Division 3--Arranging vocational placement and application of laws
111 Registered training organisation to arrange vocational placement . . . . . . . 71
112 Vocational placement not to be arranged contrary to recognition . . . . . . . . 71
113 Placement person not student's employer . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
114 Certain laws not to apply to students obtaining vocational placement . . . . 71
115 Application of Workplace Health and Safety Act 1995 . . . . . . . . . . . . . . . . 72
PART 2--VOCATIONAL PLACEMENT AGREEMENTS
116 Signing vocational placement agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
117 Registration of vocational placement agreement for short placement . . . . 73
118 Registration of vocational placement agreement for long placement . . . . . 74
119 Registered training organisation to be satisfied about facilities . . . . . . . . . 75
120 Remuneration and other conditions under vocational placement
agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
121 Extending vocational placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
122 Amending vocational placement agreement . . . . . . . . . . . . . . . . . . . . . . . . . 77
123 Cancelling vocational placement agreement . . . . . . . . . . . . . . . . . . . . . . . . 77
124 Workers compensation cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
125 Liability insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
PART 3--TRAINING PLANS FOR VOCATIONAL
PLACEMENTS
126 Training plan for vocational placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
127 Negotiating training plan for vocational placement . . . . . . . . . . . . . . . . . . . 79
128 Signing training plan for vocational placement . . . . . . . . . . . . . . . . . . . . . . 79
129 Copies of signed training plan for vocational placement . . . . . . . . . . . . . . . 80
130 Placement person to deliver training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
131 Automatic cancellation of training plan for vocational placement . . . . . . . 80
132 Changing training plan for vocational placement . . . . . . . . . . . . . . . . . . . . . 80
CHAPTER 5--OMBUDSMAN, BOARD AND COUNCIL
PART 1--APPRENTICESHIP AND TRAINEESHIP
OMBUDSMAN
Division 1--Appointment and functions
133 Appointing apprenticeship and traineeship ombudsman . . . . . . . . . . . . . . . . 81
134 Functions of ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
7
Training and Employment
135 Administrative support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
136 Ombudsman may refuse to deal with certain complaints . . . . . . . . . . . . . . . 82
137 Ombudsman to refuse to deal with matters before industrial
commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Division 2--Ombudsman's powers
138 Ombudsman may require information and documents from council . . . . . . 83
139 Ombudsman may recommend further steps in investigation . . . . . . . . . . . . 84
140 Ombudsman may recommend exercise of power . . . . . . . . . . . . . . . . . . . . . 84
141 Ombudsman to report findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 3--Other provisions
142 Vacating office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
143 Acting ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
144 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
145 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 2--TRAINING AND EMPLOYMENT BOARD
Division 1--Establishment and functions
146 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
147 Board's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
148 Board subject to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 2--Board membership
149 Board membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
150 Board chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . 88
151 Term of appointment to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
152 Conditions of appointment to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
153 Disqualifications for appointment to board . . . . . . . . . . . . . . . . . . . . . . . . . . 90
154 Vacating office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 3--Board meetings
155 Times and places of board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
156 Presiding at board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
157 Voting at board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
158 Quorum for board meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
159 Conduct of board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
8
Training and Employment
160 Board minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 4--Other provisions
161 How board signs documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
162 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
163 Establishing committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
164 Chief executive to help board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
165 Report on board's operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
166 Minister's approval for guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
PART 3--TRAINING RECOGNITION COUNCIL
Division 1--Establishment and functions
167 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
168 Council's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
169 Council subject to Minister and board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 2--Council membership
170 Council membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
171 Council chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
172 Term of appointment to council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
173 Conditions of appointment to council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
174 Disqualifications for appointment to council . . . . . . . . . . . . . . . . . . . . . . . . . 97
175 Vacating office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 3--Council meetings
176 Times and places of council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
177 Presiding at council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
178 Voting at council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
179 Quorum for council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
180 Conduct of council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
181 Council minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 4--Recognition certificates
182 Recognition of work or training by council . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 5--Declaring apprenticeships or traineeships
183 Declaring apprenticeships or traineeships . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
9
Training and Employment
Division 6--Other provisions
184 How council signs documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
185 Council may require production of documents . . . . . . . . . . . . . . . . . . . . . . . 101
186 Delegation by council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
187 Establishing committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
188 Chief executive to help council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
189 Council to comply with approved guidelines . . . . . . . . . . . . . . . . . . . . . . . . 102
190 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
CHAPTER 6--TAFE INSTITUTES
PART 1--PRELIMINARY
191 What is a "TAFE institute" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
192 Establishing TAFE institutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
PART 2--TAFE INSTITUTE COUNCILS
Division 1--TAFE institute councils
193 TAFE institute councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
194 TAFE institute council's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
195 TAFE institute council subject to Minister's directions . . . . . . . . . . . . . . . . 104
Division 2--TAFE institute council membership
196 Composition of TAFE institute council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
197 TAFE institute council chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
198 Term of appointment of appointed member . . . . . . . . . . . . . . . . . . . . . . . . . . 105
199 Conditions of appointment of appointed member . . . . . . . . . . . . . . . . . . . . . 106
200 Disqualifications for appointment as appointed member . . . . . . . . . . . . . . . 106
201 Vacating office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 3--TAFE institute council meetings
202 Times and places of TAFE institute council meetings . . . . . . . . . . . . . . . . . 107
203 Presiding at TAFE institute council meetings . . . . . . . . . . . . . . . . . . . . . . . . 107
204 Voting at TAFE institute council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 107
205 Quorum for TAFE institute council meeting . . . . . . . . . . . . . . . . . . . . . . . . . 107
206 Conduct of TAFE institute council meetings . . . . . . . . . . . . . . . . . . . . . . . . 108
207 TAFE institute council minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
10
Training and Employment
Division 4--Other provisions
208 How TAFE institute council signs documents . . . . . . . . . . . . . . . . . . . . . . . . 108
209 Prohibition on certain activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
210 TAFE institute director to help TAFE institute council . . . . . . . . . . . . . . . . 109
211 Report on TAFE institute council's operations . . . . . . . . . . . . . . . . . . . . . . . 109
PART 3--COLLEGE COUNCILS
212 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
213 Ministerial approval for establishment of college council . . . . . . . . . . . . . . 110
214 College council membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
215 Duration and conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
216 Conducting college council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
PART 4--CHIEF EXECUTIVE TO ADMINISTER TAFE
INSTITUTES
217 Chief executive's functions for TAFE institutes . . . . . . . . . . . . . . . . . . . . . . 111
CHAPTER 7--INDUSTRY TRAINING ADVISORY BODIES AND
GROUP TRAINING ORGANISATIONS
PART 1--INDUSTRY TRAINING ADVISORY BODIES
218 Recognition of industry training advisory bodies . . . . . . . . . . . . . . . . . . . . . 111
219 Role of industry training advisory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
220 Withdrawal of recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
PART 2--GROUP TRAINING ORGANISATIONS
221 Recognition of group training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . 112
222 Function of group training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
223 Withdrawal of recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
CHAPTER 8--APPEALS
PART 1--TRAINING RECOGNITION DECISIONS
224 Appeal to Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
225 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
226 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
227 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
228 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
229 Appeal to District Court on question of law . . . . . . . . . . . . . . . . . . . . . . . . . 115
11
Training and Employment
PART 2--DECISIONS RELATING TO APPRENTICES AND
TRAINEES
Division 1--Appeals to industrial commission
230 Appeal to industrial commission against council or other decisions . . . . . . 115
231 Stay of decision being appealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
232 Nature of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
233 Decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
234 Exclusive jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 2--Industrial commission's orders
235 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
236 Order to resume training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
237 Order cancelling contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
238 Limit of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
239 Account of amounts payed to apprentice or trainee . . . . . . . . . . . . . . . . . . . 119
240 Payment of additional amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
241 Instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
242 Contravening orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 3--Other provisions
243 Recovery of amounts under orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
244 Appeal to Industrial Court on question of law . . . . . . . . . . . . . . . . . . . . . . . . 120
CHAPTER 9--GENERAL
PART 1--ADMINISTRATION
Division 1--Chief executive's functions and powers
245 Chief executive's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
246 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
247 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
248 Membership of other bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
249 Returns to be given as required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
250 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 2--Trusts
251 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
252 Variation of trust purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
12
Training and Employment
253 Variation of approved arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
254 Requirements about purposes for arrangements . . . . . . . . . . . . . . . . . . . . . . 125
255 Recording arrangements and variations in land register . . . . . . . . . . . . . . . . 126
256 Rights and jurisdiction in equity not affected . . . . . . . . . . . . . . . . . . . . . . . . 127
PART 2--ENFORCEMENT
Division 1--Inspectors
257 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
258 Limitation of inspector's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
259 Inspector's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
260 Inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
261 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 128
Division 2--Powers of inspectors
Subdivision 1--Entry of places
262 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Subdivision 2--Procedure for entry
263 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
264 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
265 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
266 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Subdivision 3--Powers after entry
267 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
268 Failure to help inspector or give inspector information . . . . . . . . . . . . . . . . 134
Subdivision 4--Power to seize evidence
269 Power to seize evidence from places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
270 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
271 Inspector to allow inspection etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
272 Obligation to return seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Subdivision 5--Power to obtain information
273 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Subdivision 6--General enforcement matters
274 Obstructing etc. an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
275 Pretending to be an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
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Training and Employment
276 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
PART 3--OTHER PROVISIONS
Division 1--Offences
277 False or misleading statements to official . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
278 False or misleading documents to official . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
279 Offences about false or misleading statements or documents . . . . . . . . . . . 138
Division 2--General accountability provisions
280 Executive officers must ensure corporation complies with
prescribed provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
281 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 139
282 Disclosure of interests by member of disclosure body . . . . . . . . . . . . . . . . . 140
283 Voting etc. by interested member of disclosure body . . . . . . . . . . . . . . . . . . 141
284 Other disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
285 Duty to act honestly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
286 Protection of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 3--Procedural and evidentiary provisions
287 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
288 Representation of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
289 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Division 4--Other provisions
290 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
291 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
CHAPTER 10--AMENDMENTS, REPEALS AND
TRANSITIONAL PROVISIONS
PART 1--CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
Division 1--Consequential amendments of Industrial Relations Act
1999
292 Consequential amendment of Industrial Relations Act 1999 . . . . . . . . . . . . 146
Division 2--Consequential amendments of other Acts
293 Consequential amendment of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
PART 2--REPEALS
294 Repeal of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
14
Training and Employment
PART 3--TRANSITIONAL PROVISIONS
Division 1--Preliminary
295 Definitions for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Division 2--Transitional provisions for former VETE Act
296 Dissolution of corporation and former bodies . . . . . . . . . . . . . . . . . . . . . . . . 148
297 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
298 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
299 Existing contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
300 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
301 Existing approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
302 Awards conferred under former VETE Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
303 Certificate for work or training recognised under former VETE Act . . . . . . 150
304 Existing decisions under former VETE Act . . . . . . . . . . . . . . . . . . . . . . . . . . 151
305 Existing orders of industrial body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
306 Existing proceedings before industrial body . . . . . . . . . . . . . . . . . . . . . . . . . 152
307 Existing training agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
308 Existing industry training advisory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
309 Existing group training schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
310 Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
311 When supervising registered training organisation required . . . . . . . . . . . . . 154
312 When training plan required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Division 3--Transitional provisions for former industry placement
Act
313 Existing approved training schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
314 Existing vocational placement agreements etc. . . . . . . . . . . . . . . . . . . . . . . 155
315 Existing decisions under former industry placement Act . . . . . . . . . . . . . . . 155
316 Existing orders of industrial commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 156
AMENDMENTS OF INDUSTRIAL RELATIONS ACT 1999
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 180
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
AGRICULTURAL COLLEGES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . 180
15
Training and Employment
ANTIDISCRIMINATION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
CHARITABLE AND NON-PROFIT GAMING ACT 1999 . . . . . . . . . . . . . 182
COMMUNITY SERVICES (ABORIGINES) ACT 1984 . . . . . . . . . . . . . . . 183
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 . . . . . . . . . . . . 183
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 . . . 183
DENTAL TECHNICIANS AND DENTAL PROSTHETISTS ACT 1991 . . 184
EDUCATION (SCHOOL CURRICULUM P--10) ACT 1996 . . . . . . . . . . 184
EDUCATION (SENIOR SECONDARY SCHOOL STUDIES)
ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
EDUCATION (TEACHER REGISTRATION) ACT 1988 . . . . . . . . . . . . . . 187
EDUCATION (TERTIARY ENTRANCE PROCEDURES
AUTHORITY) ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
EDUCATION (WORK EXPERIENCE) ACT 1996 . . . . . . . . . . . . . . . . . . . 187
PUBLIC SECTOR ETHICS ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . . 189
WHISTLEBLOWERS PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . 189
WORKCOVER QUEENSLAND ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . 190
WORKERS' ACCOMMODATION ACT 1952 . . . . . . . . . . . . . . . . . . . . . . . 192
WORKPLACE HEALTH AND SAFETY ACT 1995 . . . . . . . . . . . . . . . . . . 192
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 194
DICTIONARY
2000
A BILL
FOR
An Act to provide for training and employment, and for other
purposes
s1 18 s3
Training and Employment
The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
ART 1--INTRODUCTION 3
P
title 4
Short
1. This Act may be cited as the Training and Employment Act 2000. 5
6
Commencement
2.(1) Schedule 1, section 15 is taken to have commenced on 1 July 1999. 7
(2) The remaining provisions of this Act commence on a day to be fixed 8
by proclamation. 9
10
Objectives
3. The objectives of this Act are-- 11
(a) to establish a system for the effective and efficient provision of 12
high quality vocational education and training to meet the 13
immediate and future needs of industry and the community; and 14
(b) to provide mechanisms for employees, employers, associations 15
of employees or employers and the community to advise 16
government on vocational education and training needs and 17
priorities to meet those needs; and 18
(c) to support the continued development of high quality training by 19
and within industry; and 20
(d) to facilitate the provision of vocational education and training that 21
is relevant to employment and encourages the generation of 22
employment opportunities; and 23
s4 19 s7
Training and Employment
(e) to regulate the registration of training organisations within the 1
State; and 2
(f) to meet the State's obligations under national training 3
arrangements about vocational education and training. 4
binds all persons 5
Act
4.(1) This Act binds all persons including the State and, so far as the 6
legislative power of the Parliament permits, the Commonwealth and the 7
other States. 8
(2) However, nothing in this Act makes the State, the Commonwealth or 9
another State liable to be prosecuted for an offence. 10
in text 11
Notes
5. A note in the text of this Act is part of the Act. 12
ART 2--DEFINITIONS AND BASIC CONCEPTS 13
P
dictionary 14
Definitions--the
6. The dictionary in schedule 3 defines particular words used in this Act. 15
is an "apprenticeship" 16
What
7. An "apprenticeship" is employment based training declared by the 17
council to be an apprenticeship. 18
19
Note--
20
The declaration is made under section 183 (Declaring apprenticeships or
21
traineeships).
s8 20 s 10
Training and Employment
is a "traineeship" 1
What
8. A "traineeship" is employment based training declared by the council 2
to be a traineeship. 3
4
Note--
5
The declaration is made under section 183 (Declaring apprenticeships or
6
traineeships).
is an "apprentice" 7
Who
9.(1) An employee who is being trained in an apprenticeship is an 8
"apprentice" if-- 9
(a) an apprenticeship contract for the apprenticeship has been signed 10
by the parties to the contract, whether or not the contract has been 11
registered under this Act; or 12
(b) the probationary period for the apprenticeship has not ended. 13
14
Note--
15
Section 52(3) states who are the parties to the contract.
(2) However, an employee can not be an apprentice if the employee's 16
employer has been declared a prohibited employer and the employment 17
contravenes the declaration. 18
19
Note--
20
An employer may be declared to be a prohibited employer under section 83.
is a "trainee" 21
Who
10.(1) An employee who is being trained in a traineeship is a "trainee" 22
if-- 23
(a) a traineeship contract has been signed by the parties to the 24
contract, whether or not the contract has been registered under this 25
Act; or 26
(b) the probationary period for the traineeship has not ended. 27
28
Note--
29
Section 52(3) states who are the parties to the contract.
s 11 21 s 13
Training and Employment
(2) However, an employee can not be a trainee if the employee's 1
employer has been declared a prohibited employer and the employment 2
contravenes the declaration. 3
4
Note--
5
An employer may be declared to be a prohibited employer under section 83.
is an "apprenticeship contract" 6
What
11.(1) An "apprenticeship contract" is a contract in the approved form 7
for the training and employment of a person in an apprenticeship. 8
(2) A training plan is not part of an apprenticeship contract. 9
is a "traineeship contract" 10
What
12.(1) A "traineeship contract" is a contract in the approved form for 11
the training and employment of a person in a traineeship. 12
(2) A training plan is not part of a traineeship contract. 13
is a "training plan" 14
What
13.(1) A "training plan" for an apprentice or trainee is a document 15
stating-- 16
(a) the training to be delivered to the apprentice or trainee by the 17
apprentice's or trainee's employer; and 18
(b) if the apprentice or trainee is also to be trained by a supervising 19
registered training organisation-- 20
(i) the training to be delivered to the apprentice or trainee by the 21
organisation; and 22
(ii) the maximum period of the training to be delivered by the 23
organisation during the apprenticeship or traineeship; and 24
(c) the qualification or statement of attainment to be issued to the 25
apprentice or trainee on completing the training; and 26
s 14 22 s 16
Training and Employment
(2) A "training plan" for a student under a vocational placement is a 1
document stating the training to be delivered to the student during the 2
placement by a placement person. 3
is a "registered training organisation" 4
What
14. A "registered training organisation" is a training organisation that 5
is registered to provide-- 6
(a) training services; or 7
(b) recognition services. 8
is a "supervising registered training organisation" 9
What
15. A "supervising registered training organisation" is a registered 10
training organisation that-- 11
(a) delivers training to an apprentice or trainee under a training plan 12
for the apprentice or trainee that requires the training to be 13
delivered by a registered training organisation; and 14
(b) when satisfied the apprentice or trainee has completed the training 15
required to be completed under the plan, issues the qualification or 16
statement of attainment stated in the plan. 17
is a "vocational placement scheme" 18
What
16.(1) A "vocational placement scheme" is a scheme stating the 19
particulars mentioned in subsection (2) (the "relevant particulars") for a 20
course that-- 21
(a) is to be offered by a registered training organisation; and 22
(b) requires a student undertaking the course to complete a vocational 23
placement. 24
(2) The relevant particulars are-- 25
(a) the qualification or statement of attainment to be issued to a 26
student completing the course; and 27
s 17 23 s 18
Training and Employment
(b) the skills and knowledge to be attained by a student during the 1
placement and their relevance to the qualification or statement of 2
attainment; and 3
(c) the duration of the placement. 4
is a "vocational placement" 5
What
17.(1) A "vocational placement", for a student, is the placement under a 6
vocational placement agreement of the student in a work environment with a 7
placement person who agrees to deliver to the student the training stated in 8
the training plan for the placement. 9
(2) The object of the placement is to give the student practical training and 10
experience that is required under, and is an assessable part of, the student's 11
course. 12
CHAPTER 2--TRAINING ORGANISATIONS 13
PART 1--REGISTRATION OF TRAINING 14
ORGANISATIONS 15
Division 1--Applying for registration 16
for registration 17
Applying
18.(1) A training organisation offering vocational education and training 18
may apply to the council, in the approved form, for registration. 19
(2) The council may register the organisation only if the council is 20
satisfied the organisation-- 21
(a) meets an approved guideline for registration; and 22
(b) is a suitable organisation for registration. 23
s 19 24 s 21
Training and Employment
to keep register 1
Council
19.(1) The council must keep a register of the training organisations 2
registered under this part. 3
(2) The register may be kept in any way the council thinks appropriate. 4
for registration 5
Suitability
20. In deciding whether a training organisation is a suitable organisation 6
for registration, the council must have regard to the following-- 7
(a) if the organisation is an individual, the individual's character; 8
(b) the organisation's business reputation; 9
(c) the organisation's current financial position and financial 10
background; 11
(d) whether the organisation has, or has access to, the appropriate 12
resources and services to deliver the training or recognition 13
services for which the registration is sought; 14
(e) whether the organisation has been convicted of an indictable 15
offence or an offence against this Act or the former VETE Act; 16
(f) whether the organisation has been refused registration under a 17
corresponding law. 18
council may deal with application 19
How
21.(1) The council may register, or refuse to register, a training 20
organisation. 21
(2) If the council decides to grant the registration, the council must 22
promptly-- 23
(a) give the organisation-- 24
(i) a certificate of registration stating any condition to which the 25
registration is subject; and 26
(ii) if the registration is subject to a condition, an information 27
notice; and 28
(b) include the organisation on the register. 29
s 22 25 s 24
Training and Employment
(3) If the council decides not to grant the registration, the council must 1
promptly give the organisation an information notice. 2
of registration 3
Type
22. The council may register a training organisation to provide-- 4
(a) the training services stated in its registration; or 5
(b) the recognition services stated in its registration. 6
conditions 7
Registration
23.(1) Registration of a training organisation may be subject to 8
reasonable conditions imposed by the council. 9
(2) A registered training organisation must not contravene a condition 10
stated in its certificate of registration. 11
Maximum penalty for subsection (2)--80 penalty units. 12
training organisations registered under corresponding law 13
Registering
24.(1) The council must include a training organisation on the register of 14
registered training organisations if the organisation-- 15
(a) is registered as a training organisation under a corresponding law; 16
and 17
(b) notifies the council in writing that it intends to provide, in 18
Queensland, a service stated in the organisation's registration 19
under the corresponding law. 20
(2) The registration may be subject to reasonable conditions imposed by 21
the council. 22
(3) However, the council may refuse to include the organisation on the 23
register if-- 24
(a) the organisation's registration under the corresponding law is 25
currently suspended; or 26
s 24 26 s 24
Training and Employment
(b) the council decides, by fair procedure prescribed under a 1
regulation, that there is a reasonable ground for refusing the 2
registration. 3
(4) The council must promptly give the organisation an information 4
notice if the council-- 5
(a) imposes a condition on the registration; or 6
(b) refuses to include the organisation on the register. 7
(5) If the council includes the organisation in the register-- 8
(a) the organisation is taken to be registered under this part; and 9
(b) the registration must, to the greatest possible extent and subject to 10
a condition imposed under subsection (2), be the same as the 11
registration under the corresponding law. 12
(6) However, the registration under subsection (5) does not authorise the 13
organisation to do anything that can not be authorised by registration under 14
this Act. 15
(7) If the organisation's registration under the corresponding law is 16
amended, suspended, cancelled or expires ("significant event"), from the 17
day the significant event happens the registration under this Act is-- 18
(a) if the significant event is an amendment--amended in the same 19
way to the greatest possible extent, subject to any condition 20
imposed by the council under subsection (2); or 21
(b) if the significant event is a suspension--suspended in the same 22
way to the greatest possible extent; or 23
(c) if the significant event is a cancellation--cancelled; or 24
(d) if the significant event is expiry--expired. 25
(8) If a significant event happens, the organisation must immediately 26
notify the council of the event in writing unless the organisation has a 27
reasonable excuse. 28
Maximum penalty for subsection (8)--80 penalty units. 29
s 25 27 s 27
Training and Employment
organisation registered under corresponding law not to 1
Training
provide service unless registered 2
25.(1) This section applies if a training organisation is registered as a 3
training organisation under a corresponding law. 4
(2) The organisation must not provide or offer to provide, in Queensland, 5
a service stated in its registration under the corresponding law unless the 6
organisation is included on the register of registered training organisations 7
under section 24. 8
Maximum penalty--80 penalty units. 9
of registration 10
Term
26.(1) A training organisation may be registered for an initial term of not 11
longer than 5 years. 12
(2) The registration may be renewed for a term of not longer than 13
5 years. 14
(3) The total term of registration including the initial term and all renewed 15
terms must not be longer than 10 years. 16
(4) However, subsection (3) does not prevent a training organisation 17
whose registration is about to end, or ends, from applying for a new 18
registration. 19
2--Provisions about amending, suspending and cancelling 20
Division
registration 21
or cancelling registration on application by registered 22
Amending
training organisation 23
27.(1) The council may, on the application of a registered training 24
organisation amend or cancel the organisation's registration. 25
s 28 28 s 29
Training and Employment
(2) If a registered training organisation's registration is cancelled, the 1
organisation must return the certificate of registration to the council within 2
28 days after receiving notification of the cancellation, unless the 3
organisation has a reasonable excuse. 4
Maximum penalty for subsection (2)--40 penalty units. 5
for amending, suspending or cancelling registration without 6
Grounds
application 7
28. Each of the following is a ground for amending, suspending or 8
cancelling the registration of a registered training organisation-- 9
(a) the registration was obtained because of incorrect or misleading 10
information; 11
(b) the organisation has contravened a condition of registration; 12
(c) the organisation has been convicted of-- 13
(i) an offence against this Act or a corresponding law; or 14
(ii) an indictable offence; 15
(d) the organisation is no longer a suitable organisation for 16
registration; 17
(e) the organisation can not provide training or recognition services in 18
accordance with its registration. 19
for amending, suspending or cancelling registration 20
Procedure
29.(1) This section applies if the council believes there is a ground to 21
amend, suspend or cancel the registration of a registered training 22
organisation. 23
(2) Before taking the proposed action, the council must give the 24
organisation a signed notice under this section ("show cause notice"). 25
(3) The show cause notice must state the following-- 26
(a) the action (the "proposed action") the council proposes taking 27
under this section; 28
(b) the grounds for the proposed action; 29
s 29 29 s 29
Training and Employment
(c) an outline of the facts and circumstances that are the basis of the 1
grounds; 2
(d) if the proposed action is to amend the registration (including a 3
condition of registration)--the proposed amendment; 4
(e) if the proposed action is to suspend the registration--the proposed 5
maximum suspension period; 6
(f) an invitation to the organisation to show, within a stated 7
reasonable time (not less than 14 days after the notice is given to 8
the organisation), why the proposed action should not be taken. 9
(4) If, after considering all representations made within the stated time, 10
the council still believes there is a ground to take the proposed action and 11
taking the proposed action is warranted, the council may-- 12
(a) if the proposed action was to amend the registration--amend the 13
registration; or 14
(b) if the proposed action was to suspend the registration--suspend 15
the registration for not longer than the proposed maximum 16
suspension period stated in the notice; or 17
(c) if the proposed action was to cancel the registration--cancel the 18
registration. 19
(5) If the council decides to take no further action about the proposed 20
action, the council must inform the organisation of the decision by signed 21
notice. 22
(6) If the council decides to amend, suspend or cancel the registration, the 23
council must give the organisation an information notice. 24
(7) However, if the registration is amended, suspended or cancelled 25
because of the organisation's conviction for an offence, the decision-- 26
(a) does not take effect until-- 27
(i) the end of the time to appeal against the conviction; and 28
(ii) if an appeal is made against the conviction--the appeal is 29
finally decided or otherwise ends; and 30
(b) has no effect if the conviction is quashed. 31
s 30 30 s 31
Training and Employment
(8) Subject to subsection (7), the decision takes effect on the day the 1
notice is given to the organisation or, if a later day is stated in the notice, the 2
later day. 3
of registration certificate 4
Return
30.(1) If the registration is amended, suspended or cancelled, the 5
organisation must return the certificate of registration to the council within 6
14 days after the decision takes effect, unless the organisation has a 7
reasonable excuse. 8
Maximum penalty--40 penalty units. 9
(2) The council must return the certificate of registration to the registered 10
training organisation-- 11
(a) if the registration was amended--promptly after amending it; or 12
(b) if the registration was suspended--at the end of the suspension 13
period. 14
after action to amend, suspend or cancel registration 15
Restrictions
started 16
31. After a show cause notice is given to a registered training 17
organisation under section 29(2) and until the council advises the 18
organisation of its decision about the proposed action, the organisation must 19
not-- 20
(a) if the proposed action is the suspension or cancellation of the 21
registration-- 22
(i) accept a person as a student at the organisation; or 23
(ii) allow an existing student to begin a new course at the 24
organisation; or 25
(iii) publish an advertisement for its business as a registered 26
training organisation; or 27
s 32 31 s 33
Training and Employment
(b) if the proposed action is the amendment of the registration--do 1
any of the things mentioned in paragraph (a)(i) to (iii) if the things 2
would not be permitted under the proposed amended registration. 3
Maximum penalty--50 penalty units. 4
to notify amendment, suspension or cancellation of 5
Council
registration 6
32.(1) If the council amends the registration of a training organisation in a 7
material way or cancels it under section 27, the council must promptly 8
notify the particulars of the amendment or cancellation in the gazette. 9
(2) If the council amends, suspends or cancels the registration of a 10
training organisation under section 29, (the "disciplinary action") the 11
council must promptly notify the particulars of the disciplinary action in the 12
gazette after the later of the following-- 13
(a) the end of the time to appeal against the disciplinary action; 14
(b) if an appeal is made against the disciplinary action--the appeal is 15
withdrawn or discontinued before it is decided or the appeal is 16
finally decided and the disciplinary action upheld. 17
Division 3--False statements 18
statements by training organisation 19
False
33.(1) A training organisation that is not registered must not state, either 20
orally or in writing, anything to a person that is likely to induce the person to 21
believe the organisation is registered. 22
Maximum penalty--80 penalty units. 23
(2) A training organisation must not state, either orally or in writing, 24
anything to a person that is likely to induce the person to believe the 25
organisation is authorised to offer an accredited course unless-- 26
(a) the organisation is authorised by its registration to issue the 27
qualification or statement of attainment for the course; and 28
(b) the course is accredited. 29
s 34 32 s 34
Training and Employment
Maximum penalty--80 penalty units. 1
(3) A training organisation must not state, either orally or in writing, 2
anything to a person that is likely to induce the person to believe the 3
organisation is authorised to issue a qualification or statement of attainment 4
unless the organisation is authorised by its registration to issue the 5
qualification or statement of attainment. 6
Maximum penalty--80 penalty units. 7
(4) A training organisation that is not registered must not publish an 8
advertisement stating-- 9
(a) the organisation is registered; or 10
(b) the organisation may issue a qualification or statement of 11
attainment; or 12
(c) a course the organisation conducts is accredited. 13
Maximum penalty--80 penalty units. 14
(5) If the council reasonably believes a training organisation is 15
contravening subsection (1), (2), (3) or (4), the council may, by signed 16
notice given to the organisation, state the conduct constituting the 17
contravention and direct the organisation to immediately stop contravening 18
the subsection. 19
(6) The organisation must not contravene the direction. 20
Maximum penalty--80 penalty units. 21
(7) An offence against subsection (6) is a continuing offence and may be 22
charged in 1 or more complaints for periods the offence continues. 23
Maximum penalty for each day the offence continues after a conviction 24
against subsection (6)--10 penalty units. 25
4--Other provisions 26
Division
qualifications and statements of attainment 27
Issuing
34.(1) A registered training organisation must issue a qualification or 28
statement of attainment to a student who-- 29
s 35 33 s 35
Training and Employment
(a) has-- 1
(i) undertaken an accredited course or training under a national 2
training system of qualifications with the organisation; and 3
(ii) attained the skills and knowledge required for the issue of a 4
qualification or statement of attainment; or 5
(b) has been recognised by the organisation as having the skills and 6
knowledge required for the issue of a qualification or statement of 7
attainment. 8
(2) The qualification or statement of attainment must be issued within 9
21 days after the organisation-- 10
(a) is satisfied the student attains the skills and knowledge required 11
for its issue; or 12
(b) recognises the student as having the skills and knowledge 13
required for its issue. 14
Maximum penalty--40 penalty units. 15
(3) A training organisation must not issue a document purporting to be a 16
qualification or statement of attainment to a person who has undertaken an 17
accredited course or vocational education and training under a national 18
training system of qualifications with the organisation unless-- 19
(a) the organisation is authorised by its registration to issue the 20
qualification or statement of attainment; and 21
(b) the person has attained the skills and knowledge required for the 22
issue of a qualification or statement of attainment. 23
Maximum penalty for subsection (3)--80 penalty units. 24
of skills or knowledge by registered training organisation 25
Assessment
35.(1) This section applies if a person-- 26
(a) claims to have skills or knowledge for which no qualification or 27
statement of attainment has been issued; and 28
(b) reasonably believes a qualification or statement of attainment 29
could be issued to the person for the skills or knowledge. 30
s 36 34 s 37
Training and Employment
(2) The person may apply to a registered training organisation to have the 1
person's skills or knowledge assessed to decide whether the person may be 2
issued a qualification or statement of attainment for the skills or knowledge. 3
(3) After assessing the person's skills or knowledge, the organisation 4
must issue the person with the appropriate qualification or statement of 5
attainment if the organisation-- 6
(a) is authorised by its registration to issue the qualification or 7
statement of attainment; and 8
(b) is satisfied the person has the skills or knowledge required for the 9
issue of a qualification or statement of attainment. 10
of qualification or statement of attainment 11
Cancellation
36.(1) A registered training organisation may cancel a qualification or 12
statement of attainment that it issued, by fair procedures prescribed under a 13
regulation, if the qualification or statement of attainment was issued-- 14
(a) in error; or 15
(b) because of a document or representation that-- 16
(i) is false or misleading; or 17
(ii) was obtained or made in another improper way. 18
(2) If a qualification or statement of attainment is cancelled, the person to 19
whom it was issued must return it to the registered training organisation 20
within 21 days after the registered training organisation gives notice of the 21
cancellation to the person, unless the person has a reasonable excuse. 22
Maximum penalty for subsection (2)--40 penalty units. 23
ART 2--COURSE ACCREDITATION 24
P
of accrediting a course 25
Object
37. The object of accrediting a vocational education and training course is 26
to allow a qualification or statement of attainment to be issued to a person 27
s 38 35 s 40
Training and Employment
who undertakes the course and attains the requisite level of skills and 1
knowledge if the skills and knowledge are not recognised under a national 2
training system of qualifications. 3
may accredit courses 4
Council
38.(1) This section applies if the skills and knowledge that may be 5
attained under a vocational education and training course are not recognised 6
under a national training system of qualifications. 7
(2) An entity providing the course may apply in writing to the council for 8
the grant of an accreditation for the course. 9
(3) The council may grant the accreditation only if satisfied the course 10
meets the approved guidelines for accreditation. 11
(4) The council must keep a register of the courses granted accreditation 12
under this part. 13
(5) The register may be kept in any way the council thinks appropriate. 14
of qualification or statement of attainment 15
Issue
39. A person who attains the requisite level of skills and knowledge 16
under an accredited course at a training organisation that is registered to 17
provide the course is entitled to be issued with the appropriate qualification 18
or statement of attainment. 19
council may deal with application 20
How
40.(1) The council must consider an application for accreditation and 21
either-- 22
(a) grant the accreditation; or 23
(b) refuse to grant the accreditation. 24
(2) If the council decides to grant the accreditation, the council must 25
promptly give the applicant-- 26
(a) a certificate of accreditation for the course; and 27
(b) if the accreditation is subject to conditions, an information notice. 28
s 41 36 s 44
Training and Employment
(3) If the council decides not to grant the accreditation, the council must 1
promptly give the applicant an information notice. 2
conditions 3
Accreditation
41.(1) An accreditation may be subject to reasonable conditions imposed 4
by the council. 5
(2) Without limiting subsection (1), a condition may be about restrictions 6
on providing the course. 7
of accreditation 8
Term
42.(1) A course may be accredited for an initial term of not longer than 9
5 years. 10
(2) The accreditation may be renewed for a term of not longer than 11
5 years. 12
(3) The total term of accreditation including the initial term and all 13
renewed terms must not be longer than 10 years. 14
(4) However, subsection (3) does not prevent the entity that obtained the 15
accreditation ("original accreditation") from applying for a new 16
accreditation when the original accreditation is about to end or ends. 17
accreditation on application 18
Cancelling
43. The council may cancel an accreditation of a course at the written 19
request of the entity that applied for the accreditation. 20
for granting and amending accreditation 21
Procedure
44. The grant or amendment of an accreditation may be applied for and 22
granted or refused as prescribed under a regulation. 23
s 45 37 s 47
Training and Employment
or cancellation of accreditation without application 1
Amendment
45.(1) The council may amend or cancel an accreditation without 2
application by the entity to whom it was granted, by fair procedures 3
prescribed under a regulation. 4
(2) Amending an accreditation under subsection (1) includes imposing a 5
condition on the accreditation or changing an existing condition. 6
of courses accredited under corresponding laws 7
Recognition
46.(1) This section applies if a course has been granted an accreditation 8
under a corresponding law (an "interstate accreditation"). 9
(2) The course is taken to be accredited under this Act, to the greatest 10
possible extent, for the same accreditation and on the same conditions as the 11
interstate accreditation. 12
(3) However, the interstate accreditation does not authorise anything that 13
can not be authorised by an accreditation under this Act. 14
(4) A registered training organisation must not offer an interstate 15
accredited course, unless the organisation has given the council signed 16
notice of its intention to offer the course. 17
Maximum penalty--80 penalty units. 18
(5) If the interstate accreditation is cancelled or expires (a "significant 19
event") under the corresponding law, the accreditation under this Act is 20
cancelled or expired from the day the significant event happens. 21
(6) If a significant event happens, a registered training organisation that is 22
offering the interstate accredited course must immediately notify the council 23
of the event in writing, unless the organisation has a reasonable excuse. 24
Maximum penalty for subsection (6)--80 penalty units. 25
of accredited course 26
Reassessment
47. The council may, by fair procedures prescribed under a regulation, 27
reassess an accredited course, other than a course accredited under a 28
corresponding law, to ensure it continues to meet the needs of industry and 29
the community. 30
s 48 38 s 50
Training and Employment
CHAPTER 3--APPRENTICES AND TRAINEES 1
ART 1--APPRENTICESHIP AND TRAINEESHIP 2
P
CONTRACTS 3
Division 1--Preliminary 4
of apprenticeship or traineeship 5
Start
48. An apprenticeship or traineeship starts on the day agreed by the 6
employer and the person who is to become the employer's apprentice or 7
trainee. 8
of training contract 9
Term
49.(1) The council may decide the term (the "nominal term") of training 10
contracts for apprenticeships and traineeships. 11
(2) The nominal terms may be different for different apprenticeships or 12
traineeships or different classes of apprenticeships or traineeships. 13
14
Note--
15
Section 771 provides for an extension of the nominal term for a particular
16
apprentice or trainee.
period 17
Probationary
50.(1) The council is to decide the probationary periods for 18
apprenticeships and traineeships. 19
(2) Probationary periods may be different for different apprenticeships or 20
traineeships or different classes of apprenticeships or traineeships. 21
(3) The nominal term of a training contract must include the probationary 22
period for the apprenticeship or traineeship. 23
1 Section 77 (Delayed completion of registered training contract)
s 51 39 s 52
Training and Employment
(4) An employer and the employer's apprentice or trainee may make 1
written submissions to the council to shorten or lengthen the probationary 2
period for the apprentice or trainee. 3
apprenticeship or traineeship in probationary period 4
Ending
51. An apprenticeship or traineeship may be ended during the 5
probationary period by the giving of 1 week's notice-- 6
(a) by the employer to the employer's apprentice or trainee; or 7
(b) by the employer's apprentice or trainee to the employer. 8
9
Note--
10
Under the Industrial Relations Act 1999, section 138A, 2 an employer or the
11
employer's apprentice or a trainee may end the employment of the apprentice
12
or trainee before the end of the probationary period.
2--Signing and registration of training contracts 13
Division
contract to be signed 14
Training
52.(1) The employer of a person who is to be trained by the employer as 15
an apprentice or trainee must ensure that a training contract is signed by the 16
parties before the probationary period ends. 17
Maximum penalty--40 penalty units. 18
(2) A person must not coerce, or attempt to coerce, a person to become a 19
party to a training contract. 20
Maximum penalty--40 penalty units. 21
(3) The parties to the contract are-- 22
(a) the employer; and 23
(b) the person training as an apprentice or trainee under the contract; 24
and 25
2 Industrial Relations Act 1999, section 138A (Termination of employment during
probationary period)
s 53 40 s 54
Training and Employment
(c) if the person mentioned in paragraph (b) is a minor, the person's 1
parent unless the minor is not in the parent's care and control. 2
to give training contract to council for registration 3
Employer
53. The employer must send the signed training contract to the council 4
for registration within 1 month after the end of the probation period for the 5
apprenticeship or traineeship to which the contract relates. 6
Maximum penalty--40 penalty units. 7
training contract 8
Registering
54.(1) The council may register, or refuse to register, a training contract 9
in the way prescribed under a regulation. 10
(2) The council must refuse to register a training contract if the employer 11
is declared to be a prohibited employer and the employment of the 12
apprentice or trainee contravenes the declaration. 13
14
Note--
15
An employer may be declared to be a prohibited employer under section 83.
(3) The council may register a training contract only if the contract 16
conforms with the requirements stated in the approved guidelines. 17
(4) If the council registers the contract-- 18
(a) the contract is effective on and from the day it is registered; and 19
(b) the council must promptly give the parties to the contract signed 20
notice that the contract is registered. 21
(5) If the council refuses to register the contract, the council must 22
promptly give each party an information notice. 23
(6) If the council refuses to register the contract, the contract and the 24
apprenticeship or traineeship under it end on the day stated in the 25
information notice as the day the decision has effect or an earlier day agreed 26
to by the parties. 27
s 55 41 s 56
Training and Employment
or misleading information in training contract 1
False
55.(1) A person must not state anything in a training contract that the 2
person knows is false or misleading. 3
Maximum penalty--50 penalty units. 4
(2) A person must not induce or coerce someone else to state anything in 5
a training contract that the person knows is false or misleading. 6
Maximum penalty for subsection (2)--50 penalty units. 7
prohibited 8
Premiums
56.(1) A person must not, either directly or indirectly, demand, accept or 9
agree to accept from another person a premium for-- 10
(a) employing the person as an apprentice or trainee; or 11
(b) inducing, or attempting to induce, another person to employ a 12
person as an apprentice or trainee; or 13
(c) amending a registered training contract; or 14
(d) cancelling a registered training contract. 15
Maximum penalty--50 penalty units. 16
(2) If a person is convicted of an offence against subsection (1), the court 17
by, or before, which the person is convicted may order the person-- 18
(a) to return the premium to the person who gave the premium; or 19
(b) to reimburse the person who gave the premium an amount equal 20
to the value of the premium. 21
(3) Subsection (2) does not limit the court's power to impose a penalty 22
on the person convicted. 23
(4) An order under subsection (2)-- 24
(a) may be filed in a court with jurisdiction to recover in an action for 25
debt an amount equal to the amount payable under the order; and 26
(b) on being filed, is taken to be an order of that court and may be 27
enforced accordingly. 28
(5) In this section-- 29
s 57 42 s 57
Training and Employment
"premium" does not include a payment to a person in the form of a grant 1
or incentive from the State or the Commonwealth for employing or 2
training, or promoting the employment or training of, an apprentice or 3
trainee. 4
"State or the Commonwealth" includes an entity that pays a grant or 5
incentive under a written agreement with the State or the 6
Commonwealth. 7
Division 3--Amending or assigning registered training contract 8
or assigning registered training contract 9
Amending
57.(1) Except as provided in sections 58 and 59, a registered training 10
contract-- 11
(a) may not be amended or assigned, unless the parties to it agree in 12
writing; and 13
(b) may only be-- 14
(i) amended as prescribed under a regulation; or 15
(ii) temporarily assigned to another employer (the "new 16
employer") in the way prescribed under a regulation if-- 17
(A) the employer under the contract can not temporarily 18
meet the training obligations under the training plan for 19
the employer's apprentice or trainee; and 20
(B) the parties to the contract and the new employer agree to 21
the temporary assignment of the contract to the new 22
employer. 23
(2) A party to a registered training contract must not coerce, or attempt to 24
coerce, another party to the contract to agree to its amendment or 25
assignment. 26
Maximum penalty for subsection (2)--50 penalty units. 27
s 58 43 s 59
Training and Employment
amendment of registered training contract 1
Minor
58.(1) A party to a registered training contract may notify in writing the 2
other parties to the contract and the council of a minor amendment of the 3
contract. 4
(2) When the notice is given, the contract is taken to be amended in the 5
way stated in the notice. 6
(3) In this section-- 7
"minor amendment", of a contract, means an amendment of the contract 8
that does not alter its substance or effect. 9
10
Examples of a minor amendment--
11
· a party changes the party's name or address
12
· a correction of a typographical error in a party's name or address.
assignment or cancellation of registered training contract 13
Statutory
59.(1) If an event mentioned in section 82(1)(b) happens, the training 14
contract is taken to have been assigned by the employer who is a party to the 15
contract to the purchaser of the employer's business when the council 16
receives notice of the event under section 82(2) or (3). 17
(2) If an event mentioned in section 82(1)(c) happens-- 18
(a) if the business of the dissolved partnership is continued by 19
1 person who was a partner of the dissolved partnership--the 20
training contract is taken to be assigned to the person when the 21
winding up of the affairs of the dissolved partnership is complete; 22
or 23
(b) if the business of the dissolved partnership is continued by 2 or 24
more persons who were partners of the dissolved partnership 25
under a new partnership--the training contract is taken to be 26
assigned to the persons when the new partnership begins; or 27
(c) if neither paragraph (a) or (b) apply--the training contract is 28
cancelled. 29
s 60 44 s 60
Training and Employment
4--Cancelling training contract 1
Division
in previous position 2
Reinstatement
60.(1) This section applies if an apprenticeship or traineeship (the 3
"training") starts and-- 4
(a) any of the following events happen-- 5
(i) the council refuses to register the training contract for the 6
training; 7
(ii) the training contract for the training is cancelled under 8
section 61; 9
(iii) the apprenticeship or traineeship ends before the 10
probationary period for the apprentice or trainee ends; and 11
(b) immediately before the apprenticeship or traineeship started, the 12
person training as an apprentice or trainee was employed in a 13
position (the "previous position") by the employer, other than as 14
a casual employee. 15
(2) The employer, immediately after the event happens, must give the 16
person a written notice stating that within 5 days after receiving the notice, 17
the person may ask to be reinstated in the person's previous position or in 18
another position on at least the same pay and conditions as applied to the 19
previous position immediately before the apprenticeship or traineeship 20
started. 21
Maximum penalty--50 penalty units. 22
(3) If the person asks to be reinstated under subsection (2), the employer 23
must re-employ the person in the person's previous position, or another 24
position, on at least the same pay and conditions as applied to the previous 25
position immediately before the apprenticeship or traineeship started. 26
Maximum penalty--50 penalty units. 27
(4) If the employer contravenes subsection (3), the person is taken to 28
have been unfairly dismissed under the Industrial Relations Act 1999, 29
chapter 3, part 2,3 and subject to that part, has the remedies under that part. 30
3 Industrial Relations Act 1999, chapter 3 (Dismissals), part 2 (Unfair dismissals)
s 61 45 s 62
Training and Employment
(5) In this section-- 1
"casual employee" includes a person-- 2
(a) engaged by the hour or day; or 3
(b) engaged for a specific period or task; or 4
(c) participating in a labour market program. 5
to cancel training contract 6
Agreeing
61.(1) The parties to a training contract may cancel it at any time if they 7
agree in writing to its cancellation. 8
(2) A party to a training contract must not coerce, or attempt to coerce, 9
another party to the contract to agree to cancel it. 10
Maximum penalty for subsection (2)--50 penalty units. 11
of training contract cancelled by coercion 12
Reinstatement
62.(1) A person who was a party to a decision to cancel a registered 13
training contract by agreement under section 61 may apply to the industrial 14
commission for an order reinstating the contract if the person's agreement 15
to the cancellation was obtained as a result of coercion. 16
(2) The application must be made, as required under the rules made 17
under the Industrial Relations Act 1999, within 21 days after the 18
cancellation of the contract. 19
(3) The commission may extend the time for making the application. 20
(4) In deciding the application, the commission may make any order that 21
it could make under section 236.4 22
4 Section 236 (Order to resume training)
s 63 46 s 64
Training and Employment
training contract for inability to perform contract on stated 1
Cancelling
grounds 2
63.(1) If a party to a training contract can not perform the party's 3
obligations under the contract on any of the following grounds, the party 4
may apply to the council in writing to cancel the contract-- 5
(a) if the party is an employer-- 6
(i) the employer has ceased business; or 7
(ii) there has been a substantial change in the employer's 8
circumstances and the change has affected the employer's 9
capacity to perform the employer's obligations under the 10
contract; 11
(b) if the party is an apprentice or trainee (the "relevant party")-- 12
(i) the employer has moved the employer's business to a place 13
to which it is impracticable or unreasonable for the relevant 14
party to travel; or 15
(ii) there has been a substantial change in the relevant party's 16
circumstances affecting the relevant party's capacity to 17
perform the relevant party's obligations under the contract. 18
(2) The council must promptly decide the application by fair procedures 19
prescribed under a regulation and give the parties an information notice for 20
its decision. 21
(3) If the council decides to cancel the contract, the cancellation has no 22
effect until at least 4 weeks from the day the notice is given, unless a shorter 23
time is stated in the notice. 24
(4) The notice must not state a time less than 4 weeks, unless the council 25
is satisfied it is reasonable in the circumstances to do so. 26
for serious misconduct 27
Cancellation
64.(1) This section applies if-- 28
(a) an apprentice or trainee who is a party to a training contract 29
engages in serious misconduct; and 30
s 64 47 s 64
Training and Employment
(b) because of the misconduct, the employer of the apprentice or 1
trainee decides it is unreasonable to continue to train the apprentice 2
or trainee. 3
(2) The employer may immediately suspend the training contract by-- 4
(a) telling the apprentice or trainee the contract is suspended; or 5
(b) giving the apprentice or trainee signed notice stating the apprentice 6
or trainee is suspended and the grounds for the suspension. 7
(3) If the employer suspends the contract under subsection (2)(a), the 8
employer must, within 1 working day after the suspension, give the 9
apprentice or trainee signed notice confirming the suspension and stating the 10
grounds for it. 11
(4) If the employer suspends the contract, the employer must-- 12
(a) within 1 working day after the suspension, notify the council of 13
the suspension; and 14
(b) within 5 working days after the suspension-- 15
(i) apply to the council in writing to cancel the contract; and 16
(ii) give the council a copy of the notice stating the grounds for 17
the suspension that was given to apprentice or trainee under 18
subsection (2)(b) or (3). 19
(5) The suspension is effective until the council decides the application. 20
(6) The council must promptly-- 21
(a) decide the application by fair procedures prescribed under a 22
regulation; and 23
(b) give the parties an information notice for its decision. 24
(7) The council may cancel the contract only if-- 25
(a) it is satisfied the employer gave the apprentice or trainee the 26
signed notice required by subsection (2)(b) or (3); and 27
(b) the council reasonably believes-- 28
(i) the apprentice or trainee engaged in the serious misconduct; 29
and 30
s 64 48 s 64
Training and Employment
(ii) it is unreasonable in the circumstances for the employer to 1
continue the training. 2
(8) However, if the employer does not apply for cancellation of the 3
contract under subsection (4)(a), or the council refuses to cancel the contract, 4
the suspension is taken not to have happened and the employer must 5
immediately-- 6
(a) resume training the apprentice or trainee; and 7
(b) reimburse the apprentice or trainee for wages lost during the 8
suspension period. 9
Maximum penalty--50 penalty units. 10
(9) In this section-- 11
"dangerous event" see the Workplace Health and Safety Act 1995, 12
schedule 3.5 13
"serious bodily injury" see the Workplace Health and Safety Act 1995, 14
schedule 3.6 15
"serious misconduct" means any of the following-- 16
(a) theft; 17
(b) assault; 18
(c) fraud; 19
(d) at work-- 20
(i) being under the influence of liquor or a drug; or 21
(ii) causing an imminent risk of serious bodily injury or work 22
caused illness or a dangerous event happening; or 23
5 The Workplace health and Safety Act 1995, schedule 3 defines `dangerous event'
as follows--
"dangerous event" means an event at a workplace involving imminent risk of
explosion, fire or serious bodily injury.
6 The Workplace health and Safety Act 1995, schedule 3 defines `serious bodily
injury' as follows--
"serious bodily injury" means an injury--
(a) that causes death; or
(b) impairs a person to such an extent that as a consequence of the injury the
person becomes an overnight or longer stay patient in a hospital.
s 65 49 s 65
Training and Employment
(iii) behaving in a way that is inconsistent with the continuation 1
of a registered training contract. 2
"work caused illness" see Workplace Health and Safety Act 1995, 3
schedule 3.7 4
power to reinstate training 5
Council's
65.(1) This section applies if a person who was a party to a training 6
contract that has purportedly been cancelled by another party to the contract, 7
believes on reasonable grounds that the contract has not been cancelled in 8
accordance with this Act. 9
(2) Within 21 days after the cancellation, the person may apply in writing 10
to the council for an order that training under the contract be resumed. 11
(3) The person must state the grounds in the application. 12
(4) If the council decides, by fair procedures prescribed under a 13
regulation, that a party to the contract has purported to cancel the contract 14
other than in accordance with this Act, the council may order-- 15
(a) if the employer purported to cancel the contract--the employer 16
under the contract to resume training the apprentice or trainee; or 17
(b) if another party purported to cancel the contract--the apprentice or 18
trainee under the contract to resume undertaking the training. 19
(5) If the council considers it would be impracticable to make the order, it 20
may order the cancellation of the contract. 21
(6) The council must promptly give the parties an information notice on 22
its decision for an order under subsection (4) or (5). 23
7 The Workplace health and Safety Act 1995, schedule 3 defines `work caused
illness' as follows--
"work caused illness" means--
(a) an illness that is contracted by an employer, self-employed person or
worker (a "person") in the course of doing work and to which the work
was a contributing factor; or
(b) the recurrence, aggravation, acceleration, exacerbation or deterioration in
a person of an existing illness in the course of doing work to which the
work was a contributing factor to the recurrence, aggravation,
acceleration, exacerbation or deterioration.
s 66 50 s 68
Training and Employment
(7) A person must not contravene the council's order. 1
Maximum penalty for subsection (7)--50 penalty units. 2
registration of training contract 3
Cancelling
66.(1) The council may, by fair procedures prescribed under a regulation, 4
cancel the registration of a training contract if the council reasonably 5
believes-- 6
(a) the contract was registered in error or because of a materially false 7
or misleading representation or declaration; or 8
(b) a party to the contract has been convicted of an offence against 9
this Act; or 10
(c) there has been a change in the circumstances of the employer or 11
the apprentice or trainee that make it unlikely that the contract will 12
be completed. 13
(2) The council must promptly give the parties an information notice for 14
its decision. 15
(3) Subsection (1) does not limit the power of the council to cancel the 16
registration of a training contract under section 64 or 71. 17
contract ends if registration cancelled 18
Training
67. If the registration of a training contract is cancelled before it is 19
completed, the contract ends on the day the cancellation takes effect. 20
of cancelling or ending training contract 21
Effect
68. If a training contract ends or is cancelled before it is completed, the 22
apprenticeship or traineeship of the person who was the apprentice or trainee 23
ends on the day the contract ends or is cancelled. 24
25
Note--
26
Section 78 provides for the effect of cancelling or completing a training
27
contract on the apprentice's or trainee's employment.
s 69 51 s 70
Training and Employment
to notify supervising registered training organisation 1
Employer
69.(1) This section applies if a training contract ends or is cancelled 2
before it is completed. 3
(2) The person who was the employer under the contract must give the 4
supervising registered training organisation for the apprentice or trainee 5
signed notice of the ending of the apprenticeship or traineeship within 6
7 days after-- 7
(a) if the parties have agreed to cancel the contract--the cancellation; 8
or 9
(b) if the council has cancelled the contract or the registration of the 10
contract and given the person signed notice of the 11
cancellation--the person being given the notice. 12
Maximum penalty--40 penalty units. 13
5--Discipline 14
Division
for div 5 15
Definition
70. In this division-- 16
"misconduct", for a party to a registered training contract, means-- 17
(a) if the party is an employer or an apprentice or trainee-- 18
(i) the party fails to carry out a reasonable and lawful instruction 19
that is consistent with the party's obligations under the 20
contract given by-- 21
(A) if the party is the employer--the council; or 22
(B) if the party is an apprentice or trainee--the council, the 23
apprentice's or trainee's employer, the employer's 24
agent or employee or the supervising registered training 25
organisation for the apprentice or trainee; or 26
(ii) the party does not-- 27
(A) keep a training record prescribed under a regulation to 28
be kept by the party; or 29
s 71 52 s 71
Training and Employment
(B) when requested by another party to the contract, 1
produce the record for the party's inspection; or 2
(iii) the party has been convicted of an offence against this Act; 3
or 4
(b) if the party is an apprentice or trainee-- 5
(i) the party is absent from the party's employer's service 6
without the employer's consent, unless the absence is 7
authorised under this Act or the Industrial Relations Act 8
1999; or 9
(ii) the party is absent from training required under the party's 10
training plan to be provided by the party's supervising 11
registered training organisation without the organisation's 12
consent; or 13
(iii) the party does not participate in training provided under the 14
party's training plan; or 15
(iv) the party fails to make reasonable progress in training 16
provided under the party's training plan; or 17
(v) the party causes serious damage, or risk of serious damage, 18
to the party's employer's business or business reputation. 19
20
Discipline
71.(1) This section applies if the council reasonably believes a party to a 21
registered training contract-- 22
(a) has contravened this Act or the contract; or 23
(b) has engaged in misconduct. 24
(2) The council may make any of the following orders-- 25
(a) an order reprimanding the party; 26
(b) an order directing the party-- 27
(i) to pay the chief executive an amount of not more than 28
4 penalty units; or 29
(ii) to comply with the contract; 30
s 71 53 s 71
Training and Employment
(c) if the party contravening the contract or engaging in the 1
misconduct is the apprentice or trainee--an order suspending the 2
contract for a period no longer than 30 days; 3
(d) if an order has not been made under paragraph (b)(ii) or (c)--an 4
order cancelling the contract. 5
(3) The council-- 6
(a) may make an order under subsection (2) only by fair procedures 7
prescribed under a regulation; and 8
(b) must give the parties an information notice of its decision on the 9
order. 10
(4) If the contract is suspended, the apprentice or trainee who is a party to 11
the contract is taken to be stood down from employment without pay for the 12
suspension period. 13
(5) If the contract is cancelled, section 78 applies and, subject to that 14
section, the employment of the apprentice or trainee is taken to be 15
terminated. 16
(6) If an order under subsection (2)(b)(i) directs a party to pay an amount 17
to the chief executive, the order may direct that-- 18
(a) the party pay the amount directly or by instalments over a stated 19
period; or 20
(b) if the party is an apprentice or trainee--despite the Industrial 21
Relations Act 1999, section 391,8 the apprentice's or trainee's 22
employer deduct the amount directly or by instalments over a 23
stated period from the apprentice's or trainee's wages and pay it. 24
(7) A person must not contravene an order made under subsection (2)(b), 25
(c) or (d). 26
Maximum penalty for subsection (7)--50 penalty units. 27
8 Industrial Relations Act 1999, section 391 (Wages etc. to be paid without
deduction)
s 72 54 s 73
Training and Employment
6--Completion of apprenticeship or traineeship 1
Division
and apprentice or trainee to notify completion of training 2
Employer
72.(1) This section applies if an employer of an apprentice or trainee and 3
the apprentice or trainee agree the apprentice or trainee has completed the 4
training required to be delivered by the employer under the training plan for 5
the apprentice or trainee. 6
(2) Within 5 working days after agreeing, the employer and the 7
apprentice or trainee must sign a written statement that the apprentice or 8
trainee has completed the training. 9
Maximum penalty--50 penalty units. 10
(3) Within 10 working days after agreeing, the employer or the 11
apprentice or trainee must give the supervising registered training 12
organisation for the apprentice or trainee a signed notice that the apprentice 13
or trainee has completed the training. 14
Maximum penalty--50 penalty units. 15
(4) The employer or the apprentice or trainee must not give the 16
supervising registered training organisation a false or misleading notice. 17
Maximum penalty for subsection (4)--50 penalty units. 18
qualification or statement of attainment on completion of 19
Issuing
training 20
73.(1) This section applies if a supervising registered training 21
organisation for an apprentice or trainee-- 22
(a) receives a notice under section 72(3) from an employer or 23
apprentice or trainee; and 24
(b) the organisation is reasonably satisfied the apprentice or trainee-- 25
(i) has completed all the training required for the apprenticeship 26
or traineeship; and 27
(ii) is entitled to be issued a qualification or statement of 28
attainment for the apprenticeship or traineeship. 29
s 74 55 s 75
Training and Employment
(2) The organisation must, as soon as is reasonably practicable, ensure 1
that it, the employer and the apprentice or trainee sign an agreement (the 2
"completion agreement") acknowledging the completion of the training. 3
Maximum penalty--50 penalty units. 4
(3) The organisation must issue the qualification or statement of 5
attainment stated in the plan to the apprentice or trainee within 21 days after 6
the completion agreement is signed. 7
Maximum penalty--40 penalty units. 8
(4) The organisation must, within 14 days after issuing the qualification 9
or statement of attainment, give the council and the apprentice's or trainee's 10
employer signed notice of issuing the qualification or statement of 11
attainment. 12
Maximum penalty--50 penalty units. 13
(5) Promptly after receiving the notice mentioned in subsection (4), the 14
council must issue a completion certificate to the apprentice or trainee. 15
(6) The organisation must not-- 16
(a) issue a false or misleading qualification or statement of 17
attainment; or 18
(b) give a false or misleading notice. 19
Maximum penalty for subsection (6)--80 penalty units. 20
of completion agreement ends registered training contract 21
Signing
74.(1) When a supervising registered training organisation, an employer 22
and the employer's apprentice or trainee sign a completion agreement, the 23
registered training contract for the apprenticeship or traineeship stated in the 24
agreement ends. 25
(2) This section applies despite the nominal term of the contract. 26
of completion agreement ends training plan 27
Signing
75. When a supervising registered training organisation, an employer and 28
the employer's apprentice or trainee sign a completion agreement, the 29
training plan for the apprentice or trainee ends. 30
s 76 56 s 77
Training and Employment
completion certificate 1
Cancelling
76.(1) This section applies if, within 6 months after the issue of a 2
completion certificate, the council reasonably believes the certificate was 3
issued-- 4
(a) in error; or 5
(b) because of a materially false or misleading representation or 6
declaration. 7
(2) The council may, by fair procedures prescribed under a regulation, 8
cancel the certificate. 9
(3) When the council decides to cancel, or not cancel the certificate, it 10
must immediately give the holder of the certificate an information notice of 11
its decision. 12
(4) If the council cancels the certificate, the cancellation is effective from 13
the day the information notice is given. 14
(5) Also, if the council cancels the certificate, the council-- 15
(a) must notify the cancellation in the gazette; and 16
(b) may, by signed notice to the person to whom the certificate was 17
issued, require the person to return it to the council within the time 18
stated in the notice. 19
(6) The person must comply with the requirement under 20
subsection (5)(b), unless the person has a reasonable excuse. 21
Maximum penalty--40 penalty units. 22
(7) The cancellation of the certificate does not reinstate the training 23
contract that ended when the completion agreement was signed. 24
completion of registered training contract 25
Delayed
77.(1) This section applies if the nominal term of a registered training 26
contract is to end before the apprentice or trainee who is a party to the 27
contract completes the apprenticeship or traineeship. 28
s 78 57 s 78
Training and Employment
(2) The parties to the contract may apply in writing to the council to 1
extend the nominal term. 2
3
Example--
4
Because an apprentice is ill, the apprentice can not participate in training for
5
several months. The parties to the contract may apply to the council for an extension
6
of the nominal term of the contract.
(3) The council may extend the nominal term by a reasonable time if the 7
council reasonably believes the apprentice or trainee can complete the 8
apprenticeship or traineeship in the extended nominal term. 9
(4) If the council extends the nominal term, the contract is taken to be 10
similarly extended. 11
or completion of registered training contract terminates 12
Cancellation
employment 13
78.(1) This section applies if a registered training contract is cancelled or 14
completed. 15
(2) The employment of the apprentice or trainee who was a party to the 16
contract (the "employee") with the employer is taken to be lawfully 17
terminated under the Industrial Relations Act 1999 unless-- 18
(a) section 609 applies and under that section the apprentice or trainee 19
asks to be reinstated in a previous position; or 20
(b) the employer and the employee agree the employee is to be 21
employed in another position. 22
(3) To remove doubt, it is declared that if the employment is terminated, 23
the employee has, under the Industrial Relations Act 1999, the rights given 24
to an employee whose employment has been lawfully terminated under that 25
Act.10 26
9 Section 60 (Reinstatement in previous position)
10 See, for example the Industrial Relations Act 1999, chapter 11 (Records and
wages), part 2 (Wages and occupational superannuation), division 3 (Paying and
recovering wages).
s 79 58 s 81
Training and Employment
7--Employers obligations for apprentice or trainee 1
Division
to provide facilities 2
Employer
79. The employer of an apprentice or trainee must provide, or arrange to 3
provide, to the apprentice or trainee the facilities, range of work, supervision 4
and training required under the training plan for the apprentice or trainee. 5
Maximum penalty--60 penalty units. 6
to comply with training plan 7
Employer
80. The employer of an apprentice or trainee must deliver to the 8
apprentice or trainee the training the employer is required to deliver under 9
the training plan for the apprentice or trainee. 10
Maximum penalty--60 penalty units. 11
not to prevent participation in training 12
Employer
81. The employer of an apprentice or trainee must not directly, or 13
indirectly-- 14
(a) obstruct the apprentice or trainee from participating in the training 15
required under the training plan for the apprentice or trainee to be 16
delivered by the supervising registered training organisation for 17
the apprentice or trainee (the "required training"); or 18
(b) prejudice the apprentice's or trainee's employment, or place the 19
apprentice or trainee at a disadvantage, because the apprentice or 20
trainee participates or attempts to participate in the required 21
training; or 22
(c) discourage the apprentice or trainee from participating in the 23
required training; or 24
(d) induce or coerce the apprentice or trainee to not participate in the 25
required training. 26
Maximum penalty--60 penalty units. 27
s 82 59 s 82
Training and Employment
to report notifiable events 1
Employer
82.(1) This section applies if any of the following events (a "notifiable 2
event") happens in relation to a registered training contract-- 3
(a) the parties to the contract agree to-- 4
(i) amend the contract; or 5
(ii) temporarily assign the contract; or 6
(iii) cancel the contract; 7
(b) the employer sells or disposes of the employer's business to 8
someone else (a "purchaser") and the purchaser agrees to 9
continue to train the apprentice or trainee under the registered 10
training contract; 11
(c) the employer is a partnership and the partnership is dissolved; 12
(d) the employer decides-- 13
(i) the apprentice or trainee is failing to make reasonable 14
progress in the training for the apprenticeship or traineeship; 15
or 16
(ii) the training can not be completed within the nominal term of 17
the contract. 18
(2) The employer must give the council signed notice of the event within 19
14 days after the event happens. 20
Maximum penalty--50 penalty units. 21
(3) If the notifiable event is an event mentioned in subsection (1)(b), the 22
purchaser must give the council signed notice of the purchaser's agreement 23
to continue training the apprentice or trainee under the registered training 24
contract within 14 days after the event happens. 25
Maximum penalty for subsection (3)--50 penalty units. 26
s 83 60 s 83
Training and Employment
8--Prohibited employers 1
Division
employers 2
Prohibited
83.(1) The council may, by fair procedures prescribed under a regulation, 3
declare an employer to be a prohibited employer if the council reasonably 4
believes the employer is not a suitable person to employ an apprentice or 5
trainee. 6
(2) A declaration may be for a stated or indefinite period. 7
(3) A declaration must state the employer must not, while the declaration 8
is in force, employ-- 9
(a) any apprentice or trainee; or 10
(b) an apprentice or trainee in 1 or more stated apprenticeships or 11
traineeships. 12
(4) In deciding whether or not a person is suitable to employ an 13
apprentice or trainee, the council must have regard to the following-- 14
(a) the employer's ability to provide, or arrange to provide, to an 15
apprentice or trainee the facilities, range of work, supervision and 16
training required under a training plan for the apprentice or trainee; 17
(b) the employer's record in delivering training to apprentices or 18
trainees; 19
(c) whether the employer has contravened any Act or 20
Commonwealth Act relating to employment including this Act, 21
the former VETE Act, the Industrial Relations Act 1999 and the 22
Workplace Health and Safety Act 1995; 23
(d) whether the employer has been convicted of an indictable offence. 24
(5) When the council decides to declare or not declare an employer to be 25
a prohibited employer, it must immediately give the employer an 26
information notice of its decision. 27
(6) The council must promptly notify the declaration of an employer as a 28
prohibited employer by gazette notice after the sooner of-- 29
(a) if the employer does not appeal against the decision to make the 30
declaration--the end of the time for appealing against the 31
decision; and 32
s 84 61 s 84
Training and Employment
(b) if the employer appeals against the decision to make the 1
declaration and the appeal is discontinued or unsuccessful--the 2
end of the appeal. 3
of declaration as prohibited employer 4
Revocation
84.(1) A prohibited employer may, by signed notice given to the council, 5
request it to revoke the declaration. 6
(2) The council may, by fair procedures prescribed under a regulation, 7
completely or partly revoke the declaration. 8
(3) The council may completely revoke the declaration only if it is 9
satisfied the employer is no longer an unsuitable person to employ any 10
apprentice or trainee. 11
(4) The council may partly revoke the declaration only if it is satisfied-- 12
(a) if the declaration stated the employer must not employ any 13
apprentice or trainee--the employer is no longer an unsuitable 14
person to employ an apprentice or trainee in a particular 15
apprenticeship or traineeship; or 16
(b) if the declaration stated the employer must not employ an 17
apprentice or trainee in more than 1 stated apprenticeships or 18
traineeships--the employer is no longer an unsuitable employer 19
to employ an apprentice or trainee in 1 or more apprenticeships or 20
traineeships stated in the original declaration. 21
(5) When the council decides to completely or partly revoke the 22
declaration or to leave the declaration stand, it must immediately give the 23
employer an information notice of its decision. 24
(6) If the council completely or partly revokes the declaration it must 25
promptly notify the complete or partial revocation by gazette notice. 26
(7) If the council partly revokes the declaration, the gazette notice must 27
state the employer must not, while the declaration is in force, employ an 28
apprentice or trainee in 1 or more stated apprenticeships or traineeships. 29
s 85 62 s 86
Training and Employment
employer not to contravene declaration 1
Prohibited
85.(1) A prohibited employer must not employ, or offer to employ, a 2
person as an apprentice or trainee in contravention of a declaration. 3
Maximum penalty--80 penalty units. 4
(2) In this section-- 5
"declaration" means-- 6
(a) a declaration made under section 83; or 7
(b) if the declaration has been partially revoked under section 84, the 8
declaration as partially revoked. 9
9--Other provisions 10
Division
stand down under registered training contract 11
Temporary
86.(1) This section applies if the employer of an apprentice or trainee 12
temporarily can not provide the apprentice or trainee with the training stated 13
in the training plan for the apprentice or trainee. 14
(2) The employer may apply in writing to the council for its approval to 15
temporarily stand down the apprentice or trainee from the apprenticeship or 16
traineeship. 17
(3) If the council approves the application, it must give the employer a 18
signed notice stating-- 19
(a) the maximum period, not more than 30 days, over which the 20
stand down may happen; and 21
(b) the maximum time during the period the employer may stand 22
down the apprentice or trainee; and 23
24
Examples of paragraph (b)--
25
· the council may approve that the employer stand down the apprentice or
26
trainee for the whole period
27
· the council may approve that the employer stand down the apprentice or
28
trainee for a stated number of working days in a week for the period
(c) the day the period starts. 29
s 87 63 s 88
Training and Employment
(4) The employer may stand down the apprentice or trainee from the 1
apprenticeship or traineeship without pay only in accordance with the notice 2
from the council. 3
(5) If the apprentice or trainee is stood down, the apprentice or trainee is 4
also stood down from employment with the employer unless the employer 5
and the apprentice or trainee otherwise agree. 6
(6) An employer must not stand down an apprentice or trainee from the 7
apprenticeship or traineeship other than under this section. 8
Maximum penalty for subsection (6)--50 penalty units. 9
restriction on training 10
Employer
87.(1) An employer must not knowingly enter into a training contract 11
with a person to train the person as an apprentice or trainee in an 12
apprenticeship or traineeship if the person is already being trained as an 13
apprentice or trainee under a registered training contract in the same 14
apprenticeship or traineeship by another employer (the "original 15
employer"). 16
Maximum penalty--40 penalty units. 17
(2) However, the employer does not contravene subsection (1) if the 18
original employer consents in writing to the apprentice or trainee entering 19
into the training contract with the employer. 20
or trainee restriction on training 21
Apprentice
88.(1) An apprentice or trainee under a registered training contract must 22
not enter into a training contract with an employer (the "second employer") 23
for training for the same apprenticeship or traineeship for which the 24
apprentice or trainee is being trained under the registered training contract. 25
Maximum penalty--40 penalty units. 26
(2) However, the apprentice or trainee does not contravene subsection (1) 27
if the apprentice's or trainee's employer consents in writing to the apprentice 28
or trainee entering into the training contract with the second employer. 29
s 89 64 s 91
Training and Employment
callings 1
Restricted
89.(1) The council may, by gazette notice, declare a calling to be a 2
restricted calling. 3
(2) An employer must not employ a young person in a restricted calling 4
unless the young person-- 5
(a) has completed a qualification or statement of attainment relevant 6
to the calling; or 7
(b) is employed by the employer as an apprentice or trainee in the 8
calling under a registered training contract. 9
Maximum penalty--50 penalty units. 10
(3) A person does not contravene this section if the person provides a 11
young person with a vocational placement under a vocational placement 12
agreement under chapter 4, part 2. 13
(4) In this section-- 14
"young person" means a person under 21 years. 15
ART 2--SUPERVISING REGISTERED TRAINING 16
P
ORGANISATIONS 17
for supervising registered training organisation 18
Requirement
90.(1) There must be a supervising registered training organisation for 19
each apprentice or trainee. 20
(2) If a person is an apprentice or trainee under more than 1 training 21
contract, there must be a supervising registered training organisation for 22
each apprenticeship or traineeship. 23
a supervising registered training organisation 24
Becoming
91.(1) The parties to a training contract must agree on the registered 25
training organisation that is to become the supervising registered training 26
organisation for the apprentice or trainee. 27
s 92 65 s 94
Training and Employment
(2) There can not be more than 1 supervising registered training 1
organisation for each apprentice's apprenticeship or trainee's traineeship at 2
any one time. 3
(3) A registered training organisation can not become a supervising 4
registered training organisation for an apprentice or trainee without the 5
organisation's agreement. 6
of facilities 7
Availability
92. A registered training organisation may be a supervising registered 8
training organisation for an apprentice or trainee only if the organisation is 9
able to provide, or arrange to provide, to the apprentice or trainee the 10
facilities, services, supervision and training required under the training plan 11
for the apprentice or trainee. 12
Maximum penalty--80 penalty units. 13
registered training organisation to ensure delivery of 14
Supervising
training 15
93. A supervising registered training organisation for an apprentice or 16
trainee must ensure the training required to be delivered under the 17
apprentice's or trainee's training plan is delivered to the apprentice or 18
trainee. 19
Maximum penalty--60 penalty units. 20
supervising registered training organisation 21
Replacing
94. (1) If the parties to a training contract agree, they may replace the 22
supervising registered training organisation for the apprenticeship or 23
traineeship with another registered training organisation. 24
(2) If the supervising registered training organisation is to be replaced, the 25
employer must give the organisation a signed notice stating the day, no 26
sooner than 14 days after the day it is given, when the replacement becomes 27
effective. 28
Maximum penalty--40 penalty units. 29
s 95 66 s 97
Training and Employment
(3) Action to replace a supervising registered training organisation is of 1
no effect if subsection (2) is contravened. 2
training organisation to give statement of attainment 3
Replaced
95.(1) This section applies if a supervising registered training 4
organisation is to be replaced and is given a notice under section 94. 5
(2) On or before the day stated in the notice when the replacement 6
becomes effective (the "replacement day"), the organisation must give the 7
apprentice or trainee a statement of attainment stating the training completed 8
under the training plan for the apprentice or trainee up to the replacement 9
day. 10
Maximum penalty--40 penalty units. 11
ART 3--TRAINING PLANS FOR APPRENTICES OR 12
P
TRAINEES 13
Division 1--Signing training plan for apprentice or trainee 14
plan for apprentice or trainee 15
Training
96.(1) There must be a training plan for each apprentice or trainee. 16
(2) If a person is an apprentice or trainee under more than 1 training 17
contract, there must be a training plan for each apprenticeship or traineeship. 18
to training plan for apprentice or trainee 19
Parties
97.(1) The parties to a training plan for an apprentice or trainee are-- 20
(a) the employer; and 21
(b) the apprentice or trainee; and 22
(c) the supervising registered training organisation for the apprentice 23
or trainee. 24
s 98 67 s 100
Training and Employment
(2) The supervising registered training organisation must be a party to the 1
plan even though it may not be delivering any training to the apprentice or 2
trainee under the plan. 3
plan for apprentice or trainee to be negotiated by parties 4
Training
98.(1) The training to be delivered under the training plan can not be 5
unilaterally decided by the employer or supervising registered training 6
organisation. 7
(2) It must be negotiated, and agreed to, by all the parties. 8
9
Coercion
99. A person must not coerce, or attempt to coerce-- 10
(a) a person to become a party to a training plan; or 11
(b) a party to a training plan to change the plan. 12
Maximum penalty--50 penalty units. 13
training plan for apprentice or trainee 14
Signing
100.(1) When the parties have agreed to the training plan, they must sign 15
it. 16
(2) The supervising registered training organisation for an apprentice or 17
trainee must take all reasonable steps to ensure that the apprentice's or 18
trainee's plan is signed-- 19
(a) if the training plan is the initial training plan for the apprentice or 20
trainee--before the probationary period for the apprentice or 21
trainee ends; or 22
(b) if a training plan for an apprentice or trainee ends because the 23
supervising registered training organisation has been 24
replaced--within 14 days after the replacement day. 25
Maximum penalty for subsection (2)--50 penalty units. 26
s 101 68 s 104
Training and Employment
of signed training plan for apprentice or trainee 1
Copies
101. The supervising registered training organisation for an apprentice or 2
trainee must ensure a copy of the signed training plan is given to the 3
apprentice or trainee, and the employer, within 7 days after the parties sign 4
it. 5
Maximum penalty--50 penalty units. 6
or misleading information in training plan 7
False
102.(1) A person must not state anything in a training plan for an 8
apprentice or trainee the person knows is false or misleading. 9
Maximum penalty--50 penalty units. 10
(2) A person must not induce or coerce someone else to state anything in 11
a training plan the person knows is false or misleading. 12
Maximum penalty for subsection (2)--50 penalty units. 13
Division 2--Ending or changing training plan for apprentice or trainee 14
cancellation on replacement of supervising registered 15
Automatic
training organisation 16
103. If a supervising registered training organisation for an apprentice or 17
trainee is replaced, the training plan for the apprentice or trainee ends on the 18
replacement day. 19
cancellation if apprenticeship or traineeship ends 20
Automatic
104. If a supervising registered training organisation receives notice 21
under section 6911 about the end of an apprenticeship or traineeship, the 22
training plan for the apprentice or trainee ends on the same day the 23
apprenticeship or traineeship ends. 24
11 Section 69 (Employer to notify supervising registered training organisation)
s 105 69 s 107
Training and Employment
of attainment 1
Statement
105.(1) This section applies if a training plan for an apprentice or trainee 2
ends under section 104. 3
(2) The training organisation must, within 14 days after receiving the 4
notice mentioned in section 69, give the person who was the apprentice or 5
trainee a statement of attainment stating the training the person completed 6
under the training plan before it ended. 7
Maximum penalty--40 penalty units. 8
a training plan for an apprentice or trainee 9
Changing
106. The parties to a training plan for an apprentice or trainee may change 10
the plan only in the way prescribed under a regulation. 11
CHAPTER 4--VOCATIONAL PLACEMENT 12
ART 1--PRELIMINARY 13
P
Division 1--Definitions for chapter 4 14
for ch 4 15
Definitions
107. In this chapter-- 16
"course" means a course that-- 17
(a) is conducted by a registered training organisation; and 18
(b) leads to the issue of a qualification or statement of attainment. 19
"parties", to a vocational placement agreement, are-- 20
(a) the student undertaking vocational placement; and 21
s 108 70 s 110
Training and Employment
(b) the registered training organisation offering the course that 1
requires the student to complete a vocational placement under the 2
agreement; and 3
(c) the placement person for the vocational placement under the 4
agreement. 5
"vocational placement", other than for part 1, division 2, means a 6
vocational placement conforming with the particulars stated in a notice 7
for a recognised vocational placement scheme under section 109(3). 8
2--Vocational placement schemes 9
Division
for recognition of vocational placement scheme 10
Applying
108. A registered training organisation may apply in writing to the 11
council to recognise a vocational placement scheme. 12
council deals with application 13
How
109.(1) The council may recognise, or refuse to recognise, a vocational 14
placement scheme. 15
(2) The council must promptly give the registered training organisation 16
signed notice of its decision. 17
(3) If the council recognises the scheme, the notice must state the relevant 18
particulars for the recognised scheme. 19
course if vocational placement scheme not recognised 20
Offering
110. A registered training organisation must not offer a course that 21
requires a student undertaking the course to complete a vocational placement 22
unless the organisation has applied for and obtained the council's 23
recognition of a vocational placement scheme for the course. 24
Maximum penalty--80 penalty units. 25
s 111 71 s 114
Training and Employment
Division 3--Arranging vocational placement and application of laws 1
training organisation to arrange vocational placement 2
Registered
111.(1) If a student must complete a vocational placement, the registered 3
training organisation offering the course must arrange the placement with an 4
placement person, unless the council otherwise consents in writing. 5
Maximum penalty--80 penalty units. 6
(2) The registered training organisation must not arrange the placement 7
with a placement person who is a prohibited employer, unless the council 8
consents in writing. 9
Maximum penalty for subsection (2)--80 penalty units. 10
placement not to be arranged contrary to recognition 11
Vocational
112. If a registered training organisation obtains recognition for a 12
vocational placement scheme, the organisation must not arrange a vocational 13
placement other than under the recognised scheme. 14
Maximum penalty--80 penalty units. 15
person not student's employer 16
Placement
113. A placement person under a vocational placement agreement is not 17
to be taken to be the employer of a student undertaking a vocational 18
placement under the agreement, and the student is not to be taken to be the 19
person's employee, only because the student is undertaking the placement. 20
laws not to apply to students obtaining vocational placement 21
Certain
114.(1) An Act or law, to the extent it prohibits or regulates the 22
employment of a person, does not apply to a vocational placement 23
agreement or the placement of a student under the agreement. 24
(2) However, subsection (1) does not apply to-- 25
(a) the Anti-Discrimination Act 1991; or 26
s 115 72 s 116
Training and Employment
(b) another Act or law, to the extent it prohibits or regulates the work 1
a person may do, if the person-- 2
(i) is less than, or not more than, a stated age; or 3
(ii) is of a particular sex; or 4
(iii) does not have a licence, qualification or registration required 5
under the Act or law to do the work. 6
of Workplace Health and Safety Act 1995 7
Application
115. Despite section 113, the Workplace Health and Safety Act 1995 8
applies to a vocational placement and for that Act-- 9
(a) the student is taken to be a worker of the placement person; and 10
(b) the placement person is taken to be the student's employer. 11
PART 2--VOCATIONAL PLACEMENT 12
AGREEMENTS 13
vocational placement agreement 14
Signing
116.(1) Before a student starts a vocational placement, the registered 15
training organisation offering the student's course must ensure that an 16
agreement ("vocational placement agreement") in the approved form is 17
signed by each of the following-- 18
(a) the organisation; 19
(b) the student; 20
(c) the person who is to provide the placement; 21
(d) if the student is a minor, the student's parent unless the minor is 22
not in the parent's care and control. 23
Maximum penalty--80 penalty units. 24
(2) However, the registered training organisation does not contravene 25
subsection (1) if-- 26
s 117 73 s 117
Training and Employment
(a) immediately before the placement starts, there is a signed 1
agreement, in the approved form, in force between the 2
organisation and the placement person under which the person 3
agrees to provide a stated number of placements in a stated 4
period; and 5
(b) before starting the placement, the organisation and the student 6
sign an agreement about the placement in the approved form. 7
(3) The signed agreements mentioned in subsection (2)(a) and (b) for 8
each placement are together taken to be a vocational placement agreement 9
for the placement. 10
(4) A vocational placement agreement is effective from the day the 11
student starts the placement. 12
of vocational placement agreement for short placement 13
Registration
117.(1) This section applies if-- 14
(a) a registered training organisation obtains recognition for a 15
vocational placement scheme; and 16
(b) a placement under the scheme is to be a short placement. 17
(2) The organisation must, within 7 days after obtaining the recognition, 18
establish a register of each vocational placement agreement for a placement 19
under the scheme. 20
Maximum penalty--70 penalty units. 21
(3) After the parties sign a vocational placement agreement for a short 22
placement, the organisation must immediately register the agreement by 23
entering the particulars prescribed under a regulation in the register. 24
Maximum penalty--70 penalty units. 25
(4) However, the organisation must not register the agreement if it does 26
not conform with the requirements stated in any approved guidelines for a 27
vocational placement. 28
Maximum penalty--70 penalty units. 29
s 118 74 s 118
Training and Employment
(5) In this section-- 1
"short placement" means a vocational placement for not more than 240 2
hours in a year. 3
of vocational placement agreement for long placement 4
Registration
118.(1) After the parties sign a vocational placement agreement for a long 5
placement, the registered training organisation must immediately send the 6
signed agreement to the council for registration. 7
Maximum penalty--70 penalty units. 8
(2) The council may refuse to register the agreement only if-- 9
(a) the placement person under the agreement is a prohibited 10
employer; or 11
(b) the agreement does not conform with the requirements stated in 12
any approved guidelines for a vocational placement. 13
(3) However, the council must refuse to register the agreement if the 14
industrial commission has not made an order under the Industrial Relations 15
Act 1999, section 140A,12 fixing remuneration and conditions for the 16
placement. 17
(4) The council must immediately give the organisation signed notice of 18
its decision to register, or refuse to register, the agreement. 19
(5) If the council gives the organisation signed notice of its refusal to 20
register the agreement, the organisation must immediately tell the student 21
and the placement person of the refusal. 22
Maximum penalty--70 penalty units. 23
(6) The agreement ceases to have effect immediately the student and the 24
placement person are advised of the refusal. 25
(7) In this section-- 26
"long placement" means a vocational placement for more than 240 hours 27
in a year. 28
12 Industrial Relations Act 1999, section 140A (Vocational placement)
s 119 75 s 121
Training and Employment
training organisation to be satisfied about facilities 1
Registered
119. A registered training organisation must not enter into a vocational 2
placement agreement unless it is satisfied the proposed placement person 3
can provide, or arrange to provide, to the student the facilities, range of 4
work, supervision and training required under the training plan for the 5
placement. 6
Maximum penalty--80 penalty units. 7
and other conditions under vocational placement 8
Remuneration
agreements 9
120.(1) Subsection (2) applies if a student undertakes a course that 10
requires vocational placement, under 1 or more vocational placement 11
agreements, of not more than 240 hours in a year. 12
(2) The student is not entitled to be paid remuneration for the placement. 13
(3) Subsection (4) applies if a student undertakes a course that requires 14
vocational placement, under 1 or more vocational placement agreements, of 15
more than 240 hours in a year. 16
(4) The student is entitled-- 17
(a) to be paid the remuneration; and 18
(b) to the benefit of the conditions; 19
ordered by the industrial commission under the Industrial Relations Act 20
1999, section 140A13 for the placement. 21
(5) Training for a student under a vocational placement may be given 22
only in the ordinary working hours of the placement person. 23
vocational placement 24
Extending
121.(1) This section applies if a registered training organisation 25
considers-- 26
13 Industrial Relations Act 1999, section 140A (Vocational placement)
s 121 76 s 121
Training and Employment
(a) a student about to undertake, or undertaking, a vocational 1
placement would not be able to complete the training under the 2
placement in the approved time on either of the following 3
grounds-- 4
(i) the student has an impairment that impacts adversely on the 5
student's ability to undertake training; 6
(ii) another ground the organisation considers reasonable in the 7
circumstances; and 8
(b) it is necessary to extend the approved time. 9
(2) The organisation may apply in writing to the council to extend the 10
approved time. 11
(3) The council may approve the extension only if the council is 12
reasonably satisfied the student would be able to complete the training under 13
the placement in the extended time. 14
(4) The council must notify the organisation in writing immediately after 15
making its decision. 16
(5) Section 120(3) and (4) does not apply if an approved time of not 17
more than 240 hours is extended to more than 240 hours. 18
(6) In this section-- 19
"approved time", means the time for a vocational placement approved by 20
the council when the council approved the vocational placement 21
scheme for the student's course. 22
s 122 77 s 123
Training and Employment
"impairment", has the meaning given by Anti-Discrimination Act 1991, 1
section 4.14 2
vocational placement agreement 3
Amending
122.(1) A vocational placement agreement may not be amended. 4
(2) However, subsection (1) does not prevent a registered training 5
organisation from amending a vocational placement agreement to correct a 6
minor or typographical error or omission. 7
(3) If the council has registered the agreement, the organisation must 8
promptly advise the council of the amendment to the agreement. 9
vocational placement agreement 10
Cancelling
123.(1) A student, registered training organisation or placement person 11
under a vocational placement agreement may cancel the agreement at any 12
time by signed notice to the other parties to the agreement. 13
(2) The cancellation is effective when the notice is given, unless the 14
person giving the notice agrees to a later time. 15
14 The Anti-Discrimination Act 1991, section 4, defines `impairment' as follows--
"impairment", in relation to a person, means--
(a) the total or partial loss of the person's bodily functions, including the loss
of a part of the person's body; or
(b) the malfunction, malformation or disfigurement of a part of the person's
body; or
(c) a condition or malfunction that results in the person learning more slowly
than a person without the condition or malfunction; or
(d) a condition, illness or disease that impairs a person's thought processes,
perception of reality, emotions or judgment or that results in disturbed
behaviour; or
(e) the presence in the body of organisms capable of causing illness or
disease; or
(f) reliance on a guide dog, wheelchair or other remedial device;
whether or not arising from an illness, disease or injury or from a condition
subsisting at birth, and includes an impairment that--
(g) presently exists; or
(h) previously existed but no longer exists.
s 124 78 s 125
Training and Employment
(3) If the council has registered the agreement, the organisation must 1
promptly advise the council of its cancellation. 2
compensation cover 3
Workers
124. A registered training organisation conducting a course requiring a 4
vocational placement must enter into, and keep in force until the course is no 5
longer offered, an insurance contract under the WorkCover Queensland Act 6
1996, section 2415 to cover a student undertaking the placement. 7
Maximum penalty--80 penalty units. 8
insurance 9
Liability
125.(1) This section applies if a registered training organisation conducts 10
a course requiring a vocational placement. 11
(2) The organisation must enter into, and keep in force until the course is 12
no longer offered, an approved insurance policy. 13
Maximum penalty--80 penalty units. 14
(3) In this section-- 15
"approved insurance policy", for a course requiring a vocational 16
placement, means an insurance policy-- 17
(a) indemnifying, to the extent of the policy, each person who is a 18
placement person for a placement under the course against-- 19
(i) proceedings for damages brought by-- 20
(A) a student undertaking the course for injury to the 21
student, or loss of or damage to the student's property, 22
arising out of the placement; or 23
(B) another person for injury to the person, or loss of or 24
damage to the person's property, arising out of the 25
placement; and 26
(ii) loss of, or damage to, the placement person's property 27
caused by the student in the placement; and 28
15 WorkCover Queensland Act 1996, section 24 (Students)
s 126 79 s 128
Training and Employment
(b) indemnifying, to the extent of the policy, the student against 1
proceedings for damages brought by the placement person or the 2
placement person's employee or agent, or another person for 3
injury to a person, or loss of or damage to property, arising out of 4
the placement; and 5
(c) providing coverage for a single claim or action relating to an 6
injury, loss or damage in an amount not less than $10 000 000 7
excluding GST. 8
ART 3--TRAINING PLANS FOR VOCATIONAL 9
P
PLACEMENTS 10
plan for vocational placement 11
Training
126.(1) There must be a training plan for every vocational placement. 12
(2) A registered training organisation that provides a course requiring a 13
vocational placement must ensure there is a training plan conforming with 14
the requirements of this division for the placement before a student starts the 15
placement. 16
Maximum penalty for subsection (2)--50 penalty units. 17
training plan for vocational placement 18
Negotiating
127. The training to be delivered to a student under a training plan for a 19
vocational placement by the proposed placement person is the training 20
agreed on by the registered training organisation and the proposed 21
placement person. 22
training plan for vocational placement 23
Signing
128. The training plan for a vocational placement must be signed by all 24
the parties. 25
s 129 80 s 132
Training and Employment
of signed training plan for vocational placement 1
Copies
129. After the training plan is signed by all the parties, the registered 2
training organisation must ensure a copy of the signed plan is given to the 3
student and the placement person before the placement starts. 4
Maximum penalty--50 penalty units. 5
person to deliver training 6
Placement
130. The placement person must deliver to the student being trained 7
under the placement the training stated in the signed training plan for the 8
placement. 9
Maximum penalty--60 penalty units. 10
cancellation of training plan for vocational placement 11
Automatic
131. If a vocational placement agreement is cancelled, the training plan 12
for the placement ends on the same day the agreement ends. 13
training plan for vocational placement 14
Changing
132. The training to be delivered under a signed training plan for a 15
vocational placement may be changed if the student, the registered training 16
organisation and the placement person agree to the change. 17
s 133 81 s 134
Training and Employment
CHAPTER 5--OMBUDSMAN, BOARD AND 1
COUNCIL 2
ART 1--APPRENTICESHIP AND TRAINEESHIP 3
P
OMBUDSMAN 4
Division 1--Appointment and functions 5
apprenticeship and traineeship ombudsman 6
Appointing
133.(1) The Governor in Council may, by gazette notice, appoint a 7
person as the apprenticeship and traineeship ombudsman. 8
(2) The ombudsman is appointed for the term stated in the notice. 9
(3) The stated term must not be longer than 3 years. 10
unctions of ombudsman 11
F
134.(1) The ombudsman has the following functions-- 12
(a) to receive and send to the council a complaint by a party to a 13
training contract about any of the following matters ("referrable 14
matters")-- 15
(i) the training being delivered to the apprentice or trainee under 16
the contract; 17
(ii) the adequacy of the facilities, range of work and supervision 18
provided by the employer under the contract; 19
(iii) the circumstances in which the contract was signed or 20
subsequently amended or cancelled; 21
(iv) the failure of the employer to register the contract within the 22
time required under section 53;16 23
16 Section 53 (Employer to give training contract to council for registration)
s 135 82 s 136
Training and Employment
(v) the failure of the apprentice or trainee to make progress 1
under the training plan for the apprentice or trainee; 2
(vi) the council's exercise of a power or performance of a 3
function under chapter 3, part 1;17 4
(b) if asked by a party to a training contract, to review the council's 5
investigation of a complaint about a referrable matter arising 6
under the contract; 7
(c) to make recommendations to the council about a matter arising 8
from the ombudsman's review of a matter under paragraph (b); 9
(d) to refer a matter coming to the ombudsman's attention to another 10
entity having jurisdiction to deal with the matter. 11
(2) Despite subsection (1)(a), the ombudsman may receive and send to 12
the council a complaint about a referrable matter from any person if the 13
ombudsman decides the person has a sufficient interest in the matter. 14
(3) The ombudsman has power to do all things necessary or convenient 15
to be done for, or in connection with, the performance of his or her 16
functions. 17
support 18
Administrative
135. The chief executive must ensure the ombudsman has the 19
administrative support services reasonably required for the ombudsman to 20
discharge the ombudsman's functions effectively and efficiently. 21
may refuse to deal with certain complaints 22
Ombudsman
136.(1) The ombudsman may refuse to deal with, or to continue to deal 23
with, a complaint if-- 24
(a) the complaint is about a referrable matter and the circumstances 25
giving rise to the matter happened more than 3 months before the 26
complaint was made; or 27
(b) the ombudsman reasonably believes-- 28
17 Chapter 3 (Apprentices and trainees), part 1 (Apprenticeship and traineeship
contracts)
s 137 83 s 138
Training and Employment
(i) the complaint is frivolous or vexatious; or 1
(ii) the complaint lacks substance; or 2
(iii) the complainant does not have a sufficient interest in the 3
matter raised in the complaint; or 4
(iv) that, having regard to all the circumstances of the case, a 5
review, or the continuance of a review, of the matter raised in 6
the complaint is unnecessary or unjustifiable. 7
(2) If the ombudsman decides to refuse to deal with, or to refuse to 8
continue to deal with, a complaint, the ombudsman must, as soon as 9
practicable after making the decision, give the complainant an information 10
notice. 11
to refuse to deal with matters before industrial 12
Ombudsman
commission 13
137. The ombudsman must refuse to deal with, or refuse to continue to 14
deal with, a complaint if-- 15
(a) an appeal is started in the industrial commission about the 16
referrable matter that gave rise to the complaint; or 17
(b) the industrial commission makes a decision on an appeal about 18
the referrable matter that gave rise to the complaint. 19
ivision 2--Ombudsman's powers 20
D
may require information and documents from council 21
Ombudsman
138.(1) The ombudsman may, by signed notice, require the council to 22
give the ombudsman all information and documents in its possession or 23
control about-- 24
(a) a complaint about a referrable matter; or 25
(b) the council's investigation of the complaint. 26
(2) The council must comply with the requirement. 27
s 139 84 s 141
Training and Employment
may recommend further steps in investigation 1
Ombudsman
139.(1) This section applies if the ombudsman reasonably believes the 2
council's investigation of a complaint about a referrable matter is 3
inadequate. 4
(2) The ombudsman may, by signed notice to the council, recommend 5
that the council take the further steps stated in the notice to investigate the 6
matter. 7
may recommend exercise of power 8
Ombudsman
140.(1) This section applies if, after reviewing the council's investigation 9
of a complaint, the ombudsman reasonably believes the council should have 10
exercised a power or performed a function under chapter 3, part 118 while 11
investigating the complaint or as a result of the investigation. 12
(2) The ombudsman may, by signed notice to the council, recommend 13
that the council exercise the power or perform the function. 14
to report findings 15
Ombudsman
141.(1) As soon as practicable after completing a review of the council's 16
investigation of a complaint about a referrable matter, the ombudsman 17
must-- 18
(a) give the complainant signed notice of the findings of the review; 19
and 20
(b) give the council and the Minister a signed report of the review that 21
includes the findings. 22
(2) The report may include any recommendation the ombudsman 23
considers appropriate. 24
(3) If the report includes a recommendation, the Minister may ask the 25
council to notify the Minister, within a stated time, of-- 26
(a) the steps that have been or are proposed to be taken to give effect 27
to the recommendation; or 28
18 Chapter 3 (Apprentices and trainees), part 1 (Apprenticeship and traineeship
contracts)
s 142 85 s 143
Training and Employment
(b) if no steps have been, or are proposed to be, taken to give effect to 1
the recommendations, the reasons for not taking the steps. 2
(4) The ombudsman must not make an adverse comment in the report 3
about a person unless the person has been given an opportunity to respond 4
to the proposed comment and the person's response is fairly stated in the 5
report. 6
3--Other provisions 7
Division
office 8
Vacating
142.(1) The office of the ombudsman becomes vacant if-- 9
(a) the ombudsman resigns by signed notice of resignation given to 10
the Minister; or 11
(b) the ombudsman is convicted of-- 12
(i) an indictable offence; or 13
(ii) an offence against this Act; or 14
(c) the ombudsman's appointment ends under subsection (2). 15
(2) The Minister may end the appointment of the ombudsman if the 16
ombudsman-- 17
(a) becomes incapable of performing the ombudsman's functions 18
because of physical or mental incapacity; or 19
(b) becomes an undischarged bankrupt or takes advantage of the laws 20
in force for the time being relating to bankrupt or insolvent 21
debtors; or 22
(c) is guilty of misconduct of a kind that could warrant dismissal 23
from the public service if the ombudsman were an officer of the 24
public service. 25
cting ombudsman 26
A
143. The Governor in Council may appoint a person to act as 27
ombudsman-- 28
s 144 86 s 147
Training and Employment
(a) during a vacancy in the office; or 1
(b) during any or all periods when the ombudsman is absent from 2
duty or from the State or is, for another reason, unable to perform 3
the duties of the office. 4
of appointment 5
Conditions
144.(1) The ombudsman is entitled to be paid the remuneration and 6
allowances decided by the Governor in Council. 7
(2) The ombudsman holds office-- 8
(a) on the conditions stated in this Act; and 9
(b) the other conditions decided by the Minister. 10
report 11
Annual
145.(1) The ombudsman must prepare and give to the Minister, within 3 12
months after the end of each financial year, a report on the discharge of the 13
ombudsman's functions during the year. 14
(2) The Minister must table a copy of the report in the Legislative 15
Assembly within 14 days after receiving the report. 16
ART 2--TRAINING AND EMPLOYMENT BOARD 17
P
1--Establishment and functions 18
Division
of board 19
Establishment
146. The Training and Employment Board is established. 20
functions 21
Board's
147.(1) The board has the following functions-- 22
s 147 87 s 147
Training and Employment
(a) to provide up-to-date and strategic advice to the Minister on-- 1
(i) current vocational education and training issues and 2
strategies; and 3
(ii) current employment issues and strategies as they relate to 4
vocational education and training; 5
(b) to provide advice to the Minister on-- 6
(i) the appropriate development of vocational education and 7
training infrastructure; and 8
(ii) matters, including access and equity matters, relating to the 9
continued development of a high quality vocational education 10
and training system; 11
(c) to recommend to the Minister an annual training plan including 12
priorities for vocational education and training; 13
(d) to recommend to the Minister guidelines for the board or the 14
council about the following-- 15
(i) registering and regulating training organisations, training 16
contracts and vocational placement agreements; 17
(ii) declarations of apprenticeships or traineeships; 18
(iii) declaring a calling to be a restricted calling; 19
(iv) deciding probationary periods; 20
(v) declaring an employer to be a prohibited employer; 21
(vi) accrediting and regulating courses; 22
(vii) issuing qualifications or statements of attainment; 23
(viii)recognising vocational placement schemes; 24
(ix) recognising industry training advisory bodies; 25
(x) recognising group training organisations; 26
(xi) the effective and equitable operation and regulation of 27
vocational education and training; 28
(e) to recognise industry training advisory bodies and group training 29
organisations; 30
s 148 88 s 150
Training and Employment
(f) to perform the functions of an approving authority under the 1
Workplace Relations Act 1996 (Cwlth) and the Industrial 2
Relations Act 1999; 3
(g) to perform the functions of the State Training Agency for the 4
Australian National Training Authority Act 1992 (Cwlth); 5
(h) to undertake other functions requested by the Minister. 6
(2) Subsection (1) does not limit the board in performing another 7
function conferred on it under this Act. 8
(3) The board has power to do all things necessary or convenient for 9
performing its functions. 10
subject to Minister 11
Board
148.(1) The board is subject to the Minister. 12
(2) The board must comply with the Minister's signed directions about 13
exercising its powers or performing its functions. 14
Division 2--Board membership 15
membership 16
Board
149.(1) The board consists of not more than 15 members appointed by 17
signed notice by the Minister. 18
(2) Up to 4 members must be persons having standing with unions. 19
(3) Up to 4 members must be persons having standing with employers. 20
(4) Each other member must have standing in vocational education and 21
training, industry or the general community. 22
chairperson and deputy chairperson 23
Board
150.(1) The Minister must appoint a member to be the chairperson of the 24
board and may appoint another member to be the deputy chairperson of the 25
board. 26
s 151 89 s 152
Training and Employment
(2) The chairperson or deputy chairperson holds office as chairperson or 1
deputy chairperson-- 2
(a) for the term decided by the Minister; or 3
(b) if the person's term of office as member ends before the person's 4
term of office as chairperson or deputy chairperson ends--until 5
the day the person's term of office as member ends; or 6
(c) if the person's term of office as member and the person's term of 7
office as chairperson or deputy chairperson end on the same 8
day--until the day the person's offices end. 9
(3) A vacancy occurs in the office of chairperson or deputy chairperson if 10
the person holding the office-- 11
(a) is removed from office by signed notice from the Minister; or 12
(b) resigns the office by signed notice of resignation given to the 13
Minister. 14
(4) However, a person removed from, or resigning, the office of 15
chairperson or deputy chairperson may continue to be a member of the 16
board. 17
of appointment to board 18
Term
151.(1) A board member is appointed for a term not longer than 3 years. 19
(2) A board member may resign by signed notice of resignation given to 20
the Minister. 21
of appointment to board 22
Conditions
152.(1) A board member is to be paid the remuneration and allowances 23
decided by the Minister. 24
(2) A board member holds office-- 25
(a) on the conditions stated in this Act; and 26
(b) the other conditions decided by the Minister. 27
s 153 90 s 155
Training and Employment
for appointment to board 1
Disqualifications
153. A person is not qualified to be, or continue as, a board member if 2
the person-- 3
(a) is an undischarged bankrupt or is taking advantage of the laws in 4
force for the time being relating to bankrupt or insolvent debtors; 5
or 6
(b) is incapable of performing the duties of a member because of 7
physical or mental incapacity; or 8
(c) is convicted of an indictable offence, whether on indictment or 9
summarily. 10
office 11
Vacating
154. The office of a board member becomes vacant if the member-- 12
(a) resigns office by signed notice of resignation given to the 13
Minister; or 14
(b) is absent without the board's permission from 3 consecutive 15
board meetings of which proper notice has been given; or 16
(c) is no longer qualified to be a member; or 17
(d) is removed from office by signed notice from the Minister. 18
Division 3--Board meetings 19
and places of board meetings 20
Times
155.(1) Board meetings are to be held at the times and places it decides. 21
(2) However, the chairperson may call a board meeting at any time. 22
(3) The Minister may also call a board meeting at any time. 23
(4) The board must meet at least once a year. 24
s 156 91 s 159
Training and Employment
at board meetings 1
Presiding
156.(1) The chairperson is to preside at all board meetings at which the 2
chairperson is present. 3
(2) If the chairperson is absent, the deputy chairperson, if present, is to 4
preside. 5
(3) If the chairperson and the deputy chairperson are absent, the member 6
chosen by the members present is to preside. 7
at board meetings 8
Voting
157.(1) At board meetings, all questions are to be decided by a majority 9
of votes of the members present. 10
(2) If a member abstains from voting, the member is taken to vote for the 11
negative. 12
(3) The chairperson or member presiding at a meeting is to have a vote, 13
and if the votes are equal, a second or casting vote. 14
for board meeting 15
Quorum
158. A quorum for a board meeting is the number equal to one half of 16
the number of its appointed members or, if one half is not a whole number, 17
the next highest whole number. 18
of board meetings 19
Conduct
159.(1) The board may conduct its meetings as it considers appropriate. 20
(2) The board may hold meetings, or permit members to take part in 21
meetings, by telephone, closed-circuit television or another form of 22
communication allowing reasonably contemporaneous and continuous 23
communication between members taking part in the meeting. 24
(3) A member who participates in a board meeting under a permission 25
under subsection (2) is taken to be present at the meeting. 26
(4) A resolution is a valid resolution of the board, even though it is not 27
passed at a meeting of the board, if-- 28
s 160 92 s 162
Training and Employment
(a) notice of the resolution is given to the board members under 1
procedures approved by the board; and 2
(b) the number of members required for a quorum agree in writing to 3
the resolution. 4
minutes 5
Board
160. The board must keep a record of the minutes of its meetings and its 6
decisions. 7
4--Other provisions 8
Division
ow board signs documents 9
H
161. A document required to be signed by the board may be signed by-- 10
(a) the board's chairperson; or 11
(b) if the chairperson is absent or is otherwise unable to sign the 12
document and a deputy chairperson has been appointed--the 13
deputy chairperson; or 14
(c) otherwise--the person authorised in writing by the chairperson. 15
by board 16
Delegation
162.(1) The board may delegate the board's powers to an appropriately 17
qualified entity. 18
(2) An entity delegated a power may subdelegate the power to an 19
appropriately qualified entity. 20
(3) In this section-- 21
"appropriately qualified", for an entity to whom a power under this Act 22
may be delegated or subdelegated, includes having the qualifications, 23
experience or standing appropriate to exercise the power. 24
s 163 93 s 165
Training and Employment
committees 1
Establishing
163.(1) The board may, with the Minister's earlier signed approval, 2
establish a committee to help it to perform its functions. 3
(2) When seeking the Minister's approval, the board must give the 4
Minister a statement of the proposed committee's terms of reference or 5
functions. 6
(3) Appointments to the committee are to be made by the board by 7
signed notice. 8
(4) The board may appoint a person to the committee only if the person 9
has skills or experience appropriate to the committee's terms of reference or 10
functions. 11
(5) A committee member is not entitled to any remuneration, other than 12
the reimbursement of reasonable expenses and travel allowance, unless the 13
remuneration is approved in writing by the Minister. 14
(6) Subsection (1) does not apply to a committee of the board's own 15
members. 16
executive to help board 17
Chief
164.(1) The chief executive is to give the board reasonable help to 18
perform its functions. 19
(2) Without limiting subsection (1), the chief executive must nominate an 20
appropriately qualified departmental officer to assist the board in performing 21
its functions. 22
(3) A departmental officer is appropriately qualified if the officer has 23
qualifications, experience or standing appropriate to assist the board in 24
performing its functions. 25
on board's operations 26
Report
165.(1) The board must prepare and give to the Minister, within 27
3 months after the end of each financial year, a report on its operations 28
during the financial year. 29
s 166 94 s 168
Training and Employment
(2) If the Minister has given the board a signed direction under 1
section 14819 in the year, the report must include a copy of the direction. 2
(3) The Minister must table a copy of the report in the Legislative 3
Assembly within 14 days after the Minister receives it. 4
approval for guideline 5
Minister's
166.(1) A guideline recommended by the board becomes effective when 6
it is approved in writing by the Minister. 7
(2) If a guideline is approved by the Minister, the board must ensure the 8
guideline is published in the gazette. 9
PART 3--TRAINING RECOGNITION COUNCIL 10
1--Establishment and functions 11
Division
of council 12
Establishment
167. The Training Recognition Council is established. 13
functions 14
Council's
168.(1) The council has the following functions-- 15
(a) if asked by the Minister, to make recommendations to the 16
Minister on national training systems of qualifications; 17
(b) to advise the board on policy and guidelines for-- 18
(i) registering and regulating training organisations and training 19
contracts; and 20
(ii) accrediting courses and regulating accredited courses; and 21
(iii) the training requirements for apprentices and trainees; and 22
19 Section 148 (Board subject to Minister)
s 169 95 s 169
Training and Employment
(iv) vocational placements; 1
(c) to register and regulate training organisations and training 2
contracts; 3
(d) to accredit courses and regulate accredited courses; 4
(e) to recognise vocational placement schemes and register and 5
regulate vocational placement agreements; 6
(f) to regulate the issuing of qualifications and statements of 7
attainment; 8
(g) to declare apprenticeships or traineeships; 9
(h) to declare a calling to be a restricted callings; 10
(i) to decide probationary periods and nominal terms for 11
apprenticeships and traineeships; 12
(j) to issue recognition certificates; 13
(k) to perform other functions requested by the board. 14
(2) Subsection (1) does not limit the council in performing another 15
function conferred on it under this Act. 16
(3) The council has power to do all things necessary or convenient for 17
performing its functions. 18
subject to Minister and board 19
Council
169.(1) In performing its functions under section 168(1)(a), the council is 20
subject to the Minister. 21
(2) In performing its functions under section 168(1)(b) to (k), the council 22
is subject to the board. 23
(3) The council must comply with the signed directions of the Minister or 24
the board given under subsection (1) or (2). 25
s 170 96 s 171
Training and Employment
Division 2--Council membership 1
membership 2
Council
170.(1) The council consists of not more than 14 members appointed by 3
signed notice by the Minister. 4
(2) Up to 4 members must be persons having standing with unions. 5
(3) Up to 4 members must be persons having standing with employers. 6
(4) Each other member must have standing in vocational education and 7
training, general or higher education or the general community. 8
chairperson 9
Council
171.(1) The Minister must appoint a member to be the chairperson and 10
may appoint another member to be the deputy chairperson of the council. 11
(2) The chairperson or deputy chairperson holds office as chairperson or 12
deputy chairperson-- 13
(a) for the term decided by the Minister; or 14
(b) if the person's term of office as member ends before the person's 15
term of office as chairperson or deputy chairperson ends--until 16
the day the person's term of office as member ends; or 17
(c) if the person's term of office as member and the person's term of 18
office as chairperson or deputy chairperson end on the same 19
day--until the day the person's offices end. 20
(3) A vacancy occurs in the office of chairperson or deputy chairperson if 21
the person holding the office-- 22
(a) is removed from office by signed notice from the Minister; or 23
(b) resigns the office by signed notice of resignation given to the 24
Minister. 25
(4) However, a person removed from, or resigning, the office of 26
chairperson or deputy chairperson may continue to be a member of the 27
council. 28
s 172 97 s 175
Training and Employment
of appointment to council 1
Term
172.(1) A council member is appointed for a term not longer than 2
3 years. 3
(2) A council member may resign by signed notice of resignation given 4
to the Minister. 5
of appointment to council 6
Conditions
173.(1) A council member is to be paid the remuneration and allowances 7
decided by the Minister. 8
(2) A council member holds office-- 9
(a) on the conditions stated in this Act; and 10
(b) the other conditions decided by the Minister. 11
for appointment to council 12
Disqualifications
174. A person is not qualified to be, or continue as, a council member if 13
the person-- 14
(a) is an undischarged bankrupt or is taking advantage of the laws in 15
force for the time being relating to bankrupt or insolvent debtors; 16
or 17
(b) becomes incapable of performing the duties of a member because 18
of physical or mental incapacity; or 19
(c) is convicted of an indictable offence, whether on indictment or 20
summarily. 21
office 22
Vacating
175. The office of a member of the council becomes vacant if the 23
member-- 24
(a) resigns office by signed notice of resignation given to the 25
Minister; or 26
(b) is absent without the council's permission from 3 consecutive 27
meetings of the council of which proper notice has been given; or 28
s 176 98 s 178
Training and Employment
(c) is no longer qualified to be a member; or 1
(d) is removed from office by signed notice from the Minister. 2
Division 3--Council meetings 3
and places of council meetings 4
Times
176.(1) Council meetings are to be held at the times and places it decides. 5
(2) However, the chairperson may call a council meeting at any time. 6
(3) The Minister may also call a council meeting at any time. 7
(4) The council must meet at least once a year. 8
at council meetings 9
Presiding
177.(1) The chairperson is to preside at all council meetings at which the 10
chairperson is present. 11
(2) If the chairperson is absent, the deputy chairperson, if present, is to 12
preside. 13
(3) If the chairperson and the deputy chairperson are absent, the member 14
chosen by the members present is to preside. 15
at council meetings 16
Voting
178.(1) At council meetings, all questions are to be decided by a majority 17
of votes of the members present. 18
(2) If a member abstains from voting, the member is taken to vote for the 19
negative. 20
(3) The chairperson or member presiding at a meeting is to have a vote, 21
and if the votes are equal, a second or casting vote. 22
s 179 99 s 182
Training and Employment
for council meetings 1
Quorum
179. A quorum for a council meeting is the number equal to one half of 2
the number of its appointed members or, if one half is not a whole number, 3
the next highest whole number. 4
of council meetings 5
Conduct
180.(1) The council may conduct its meetings as it considers appropriate. 6
(2) The council may hold meetings, or permit members to take part in 7
meetings, by telephone, closed-circuit television or another form of 8
communication allowing reasonably contemporaneous and continuous 9
communication between members taking part in the meeting. 10
(3) A member who participates in a council meeting under a permission 11
under subsection (2) is taken to be present at the meeting. 12
(4) A resolution is a valid resolution of the council, even though it is not 13
passed at a meeting of the council, if-- 14
(a) notice of the resolution is given to the council members under 15
procedures approved by the council; and 16
(b) the number of members required for a quorum agree in writing to 17
the resolution. 18
minutes 19
Council
181. The council must keep a record of the minutes of its meetings and 20
its decisions. 21
Division 4--Recognition certificates 22
of work or training by council 23
Recognition
182.(1) A person who has worked, or undertaken training, in a calling 24
may apply to the council to have the person's skills and knowledge in the 25
calling recognised. 26
s 183 100 s 183
Training and Employment
(2) If the council is satisfied the person has necessary skills and 1
knowledge in the calling, the council may issue the person with a certificate 2
("recognition certificate"). 3
(3) To remove doubt, it is declared that a recognition certificate is not a 4
qualification or a statement of attainment. 5
(4) The council may cancel a recognition certificate by fair procedures 6
prescribed under a regulation if the recognition certificate was issued-- 7
(a) in error; or 8
(b) because of a document or representation that-- 9
(i) is false or misleading; or 10
(ii) was obtained or made in another improper way. 11
(5) If the recognition certificate is cancelled, the person to whom it was 12
issued must return it to the council within 7 days after the council gives 13
notice of the cancellation to the person, unless the person has a reasonable 14
excuse. 15
Maximum penalty for subsection (5)--40 penalty units. 16
Division 5--Declaring apprenticeships or traineeships 17
apprenticeships or traineeships 18
Declaring
183.(1) This section applies if a person can obtain a qualification or 19
statement of attainment by completing employment based training with an 20
employer. 21
(2) The council may declare the employment based training leading to the 22
qualification or statement of attainment to be an apprenticeship or 23
traineeship. 24
(3). A declaration under subsection (2) does not prevent the qualification 25
or statement of attainment from being attained in a way other than by 26
completing an apprenticeship or traineeship. 27
s 184 101 s 186
Training and Employment
6--Other provisions 1
Division
council signs documents 2
How
184. A document required to be signed by the council may be signed 3
by-- 4
(a) the council's chairperson; or 5
(b) if the chairperson is absent or is otherwise unable to sign the 6
document and a deputy chairperson has been appointed--the 7
deputy chairperson; or 8
(c) otherwise--the person authorised in writing by the chairperson. 9
may require production of documents 10
Council
185.(1) The council may, by signed notice, require a person to produce to 11
the council for inspection-- 12
(a) a document issued to the person under this Act; or 13
(b) a document required to be kept by the person under this Act. 14
(2) The notice must state a reasonable time for compliance with the 15
requirement. 16
(3) The person must comply with the requirement, unless the person has 17
a reasonable excuse. 18
Maximum penalty--50 penalty units. 19
by council 20
Delegation
186.(1) The council may delegate the council's powers to an 21
appropriately qualified entity. 22
(2) An entity delegated a power may subdelegate the power to an 23
appropriately qualified entity. 24
(3) In this section-- 25
"appropriately qualified", for an entity to whom a power under this Act 26
may be delegated or subdelegated, includes having the qualifications, 27
experience or standing appropriate to exercise the power. 28
s 187 102 s 190
Training and Employment
committees 1
Establishing
187.(1) The council may establish a committee to help it to perform its 2
functions under chapter 3. 3
(2) Appointments to the committee are to be made by the council by 4
signed notice. 5
(3) The council may appoint a person to a committee only if the person 6
has skills or experience appropriate for the functions the committee is to 7
perform. 8
(4) A committee member is not entitled to any remuneration, other than 9
the reimbursement of reasonable expenses and travel allowance, unless the 10
remuneration is approved in writing by the Minister. 11
executive to help council 12
Chief
188. The chief executive is to give the council reasonable help to perform 13
its functions. 14
to comply with approved guidelines 15
Council
189. In performing its function or exercising its powers, the council must 16
comply with all approved guidelines. 17
of forms 18
Approval
190. The council may approve a form (an "approved form") for use 19
under this Act. 20
s 191 103 s 193
Training and Employment
CHAPTER 6--TAFE INSTITUTES 1
ART 1--PRELIMINARY 2
P
is a "TAFE institute" 3
What
191.(1) A "TAFE institute" is an institution operated by the State that 4
provides vocational education and training. 5
(2) A TAFE institute may also provide-- 6
(a) adult community education; or 7
(b) post compulsory general education. 8
(3) A TAFE institute may also include colleges or campuses as part of it. 9
TAFE institutes 10
Establishing
192.(1) The Minister may establish-- 11
(a) TAFE institutes; or 12
(b) colleges or campuses of TAFE institutes. 13
(2) The Minister may-- 14
(a) amalgamate an institute or part of an institute with another 15
institute or part of an institute; or 16
(b) abolish or close an institute or part of an institute. 17
ART 2--TAFE INSTITUTE COUNCILS 18
P
Division 1--TAFE institute councils 19
institute councils 20
TAFE
193. There is a TAFE institute council for each TAFE institute. 21
s 194 104 s 196
Training and Employment
institute council's functions 1
TAFE
194.(1) A TAFE institute council has the following functions-- 2
(a) to support vocational education and training through the institute; 3
(b) to advise and report on the activities of the institute to-- 4
(i) the Minister; and 5
(ii) the board; and 6
(iii) the institute director; 7
(c) to develop and approve institute directions. 8
(2) The institute council has power to do all things necessary or desirable 9
to be done for the performance of its functions. 10
institute council subject to Minister's directions 11
TAFE
195.(1) A TAFE institute council is subject to the Minister and must 12
comply with the Minister's written directions about the performance of its 13
functions. 14
(2) The institute council must disclose directions given to it by the 15
Minister in a financial year in the TAFE institute's annual report for the 16
financial year. 17
Division 2--TAFE institute council membership 18
of TAFE institute council 19
Composition
196.(1) A TAFE institute council consists of-- 20
(a) up to 20 persons appointed by the Minister ("appointed 21
members"); and 22
(b) the institute's director, without further appointment. 23
(2) An appointed member may be from-- 24
(a) any industry that is closely linked to the economic, social and 25
employment environment in which the institute operates; or 26
(b) the local community; or 27
s 197 105 s 198
Training and Employment
(c) any industrial union of employees; or 1
(d) the staff and students of the institute; or 2
(e) the indigenous community. 3
institute council chairperson 4
TAFE
197.(1) The Minister is to appoint an appointed member of a TAFE 5
institute council to be the chairperson of the institute council and may 6
appoint another appointed member to be the deputy chairperson of the 7
institute council. 8
(2) The chairperson or deputy chairperson holds office as chairperson or 9
deputy chairperson-- 10
(a) for the term decided by the Minister; or 11
(b) if the person's term of office as member ends before the person's 12
term of office as chairperson or deputy chairperson ends--until 13
the day the person's term of office as member ends; or 14
(c) if the person's term of office as member and the person's term of 15
office as chairperson or deputy chairperson end on the same 16
day--until the day the person's offices end. 17
(3) A vacancy occurs in the office of chairperson or deputy chairperson if 18
the person holding the office-- 19
(a) is removed from office by signed notice from the Minister; or 20
(b) resigns the office by signed notice of resignation given to the 21
Minister. 22
(4) However, a person removed from, or resigning, the office of 23
chairperson or deputy chairperson may continue to be a member of the 24
institute council. 25
of appointment of appointed member 26
Term
198.(1) An appointed member is appointed for a term not longer than 27
3 years. 28
(2) An appointed member may resign by signed notice of resignation 29
given to the Minister. 30
s 199 106 s 201
Training and Employment
of appointment of appointed member 1
Conditions
199.(1) An appointed member is to be paid the remuneration and 2
allowances decided by the Minister. 3
(2) An appointed member holds office-- 4
(a) on the conditions stated in this Act; and 5
(b) on the other conditions decided by the Minister. 6
for appointment as appointed member 7
Disqualifications
200. A person is not qualified to be, or continue as, an appointed member 8
if the person-- 9
(a) is an undischarged bankrupt or is taking advantage of the laws in 10
force for the time being relating to bankrupt or insolvent debtors; 11
or 12
(b) is incapable of performing the duties of a member because of 13
physical or mental incapacity; or 14
(c) is convicted of an indictable offence, whether on indictment or 15
summarily. 16
office 17
Vacating
201. The office of an appointed member becomes vacant if the 18
member-- 19
(a) resigns office by signed notice of resignation given to the 20
Minister; or 21
(b) is absent without the TAFE institute council's permission from 22
3 consecutive institute council meetings of which proper notice 23
has been given; or 24
(c) is no longer qualified to be an appointed member; or 25
(d) is removed from office by signed notice from the Minister. 26
s 202 107 s 205
Training and Employment
Division 3--TAFE institute council meetings 1
and places of TAFE institute council meetings 2
Times
202.(1) A TAFE institute council meeting is to be held at the times and 3
places the institute council decides. 4
(2) However, the chairperson may call an institute council meeting at any 5
time. 6
(3) The Minister may also call an institute council meeting at any time. 7
at TAFE institute council meetings 8
Presiding
203.(1) The chairperson is to preside at all TAFE institute council 9
meetings at which the chairperson is present. 10
(2) If the chairperson is absent, the deputy chairperson, if present, is to 11
preside. 12
(3) If the chairperson and the deputy chairperson are absent, the member 13
chosen by the members present is to preside. 14
at TAFE institute council meetings 15
Voting
204.(1) At TAFE institute council meetings, all questions are to be 16
decided by a majority of votes of the members present. 17
(2) If a member abstains from voting, the member is taken to vote for the 18
negative. 19
(3) The chairperson or member presiding at a meeting is to have a vote, 20
and if the votes are equal, a second or casting vote. 21
for TAFE institute council meeting 22
Quorum
205. A quorum for a TAFE institute council meeting is the number equal 23
to one half of the number of the members on the institute council or, if one 24
half is not a whole number, the next highest whole number. 25
s 206 108 s 208
Training and Employment
of TAFE institute council meetings 1
Conduct
206.(1) A TAFE institute council may conduct its meetings as it 2
considers appropriate. 3
(2) The institute council may hold meetings, or permit members to take 4
part in meetings, by telephone, closed-circuit television or another form of 5
communication allowing reasonably contemporaneous and continuous 6
communication between members taking part in the meeting. 7
(3) A member who participates in an institute council meeting under a 8
permission under subsection (2) is taken to be present at the meeting. 9
(4) A resolution is a valid resolution of the institute council, even though 10
it is not passed at a meeting of the institute council, if-- 11
(a) notice of the resolution is given to the institute council members 12
under procedures approved by the institute council; and 13
(b) the number of members required for a quorum agree in writing to 14
the resolution. 15
institute council minutes 16
TAFE
207. A TAFE institute council must keep a record of the minutes of its 17
meetings and its decisions. 18
4--Other provisions 19
Division
TAFE institute council signs documents 20
How
208. A document required to be signed by a TAFE institute council may 21
be signed by-- 22
(a) the institute council's chairperson; or 23
(b) if the chairperson is absent or is otherwise unable to sign the 24
document and a deputy chairperson has been appointed--the 25
deputy chairperson; or 26
(c) otherwise--the person authorised in writing by the chairperson. 27
s 209 109 s 212
Training and Employment
on certain activities 1
Prohibition
209. To remove doubt, it is declared that despite any other provision of 2
this Act, a TAFE institute or a TAFE institute council may not-- 3
(a) alter an institute building, other than in a minor way; or 4
(b) extend an institute building; or 5
(c) build or buy a building for use by the institute; or 6
(d) sell institute land or an institute building. 7
institute director to help TAFE institute council 8
TAFE
210. A TAFE institute director is to give the TAFE institute council 9
reasonable help to perform its functions. 10
on TAFE institute council's operations 11
Report
211.(1) A TAFE institute council must prepare and give to the Minister, 12
within 3 months after the end of each financial year, a report on its 13
operations during the financial year. 14
(2) If the Minister has given the institute council a signed direction under 15
section 19520 in the year, the report must include a copy of the direction. 16
PART 3--COLLEGE COUNCILS 17
18
Application
212. This part applies if-- 19
(a) a TAFE institute includes 1 or more colleges; and 20
(b) the institute council decides a college needs a college council. 21
20 Section 195 (TAFE institute council subject to Minister's directions)
s 213 110 s 216
Training and Employment
approval for establishment of college council 1
Ministerial
213.(1) The TAFE institute council must, by signed notice to the 2
Minister, ask for the Minister's approval to establish the college council. 3
(2) The notice must state the following-- 4
(a) the structure and function of the proposed college council; 5
(b) the sectors and interests the proposed college council will 6
represent; 7
(c) the procedures for appointing members to the proposed college 8
council. 9
(3) If the Minister gives written approval to the establishment of the 10
college council-- 11
(a) the college council is established in accordance with the Minister's 12
approval; and 13
(b) the members of the college council are the members appointed by 14
the Minister under section 214; and 15
(c) the functions of the college council are those stated in the 16
Minister's approval. 17
council membership 18
College
214. The college council consists of the members appointed to it by 19
signed notice from the Minister. 20
and conditions of appointment 21
Duration
215. A member of the college council is appointed for the term and on 22
the conditions decided by the Minister. 23
college council meetings 24
Conducting
216. A college council may conduct its meetings in the way it considers 25
appropriate. 26
s 217 111 s 218
Training and Employment
PART 4--CHIEF EXECUTIVE TO ADMINISTER 1
TAFE INSTITUTES 2
executive's functions for TAFE institutes 3
Chief
217. The chief executive has the following functions for TAFE 4
institutes-- 5
(a) to ensure the provision of vocational education and training 6
services; 7
(b) to produce and sell vocational education and training products and 8
services or other products and services connected with TAFE 9
institutes; 10
(c) to prepare, publish, distribute or license the use of literary or 11
artistic work, audio or audiovisual material, or computer software; 12
(d) to exploit commercially-- 13
(i) TAFE institute resources, including any study, research or 14
knowledge; or 15
(ii) the practical application of any study, research or knowledge; 16
(e) to undertake research and development related to a function of the 17
chief executive. 18
HAPTER 7--INDUSTRY TRAINING ADVISORY 19
C
BODIES AND GROUP TRAINING 20
ORGANISATIONS 21
ART 1--INDUSTRY TRAINING ADVISORY BODIES 22
P
of industry training advisory bodies 23
Recognition
218.(1) The board may, by signed notice to a corporation, recognise the 24
corporation as an industry training advisory body for-- 25
s 219 112 s 221
Training and Employment
(a) an industry; or 1
(b) an industry sector; or 2
(c) a grouping of industries. 3
(2) However, the board may recognise a corporation as an industry 4
training advisory body only if the corporation conforms with the 5
requirements of the approved guidelines for an industry training advisory 6
body. 7
of industry training advisory bodies 8
Role
219. An industry training advisory body is the principal source of advice 9
to the board about vocational education and training within its industry, 10
industry sector or grouping. 11
of recognition 12
Withdrawal
220.(1) The board may withdraw the recognition of a corporation as an 13
industry training advisory body by fair procedures prescribed under a 14
regulation. 15
(2) If the board withdraws the recognition of a corporation as an industry 16
training advisory body, the board must promptly give the corporation an 17
information notice. 18
ART 2--GROUP TRAINING ORGANISATIONS 19
P
of group training organisation 20
Recognition
221.(1) The board may, by signed notice to a corporation, recognise the 21
corporation as a group training organisation for-- 22
(a) an industry; or 23
(b) an industry sector; or 24
(c) an area. 25
s 222 113 s 224
Training and Employment
(2) However, the board may recognise a corporation as a group training 1
organisation only if the corporation conforms with the requirements of the 2
approved guidelines for a group training organisation. 3
of group training organisation 4
Function
222. The main function of a group training organisation is, by agreement 5
between the organisation and an entity, to arrange for the entity to train 6
under a training plan, an apprentice or trainee employed by the organisation. 7
of recognition 8
Withdrawal
223.(1) The board may withdraw the recognition of a corporation as a 9
group training organisation by fair procedures prescribed under a regulation. 10
(2) If the board withdraws the recognition of a corporation as a group 11
training organisation, the board must promptly give the corporation an 12
information notice. 13
CHAPTER 8--APPEALS 14
PART 1--TRAINING RECOGNITION DECISIONS 15
to Magistrates Court 16
Appeal
224. A person aggrieved by any of the following decisions may appeal to 17
a Magistrates Court-- 18
(a) a decision about the registration of a training organisation; 19
(b) a decision about the accreditation of a course; 20
(c) a decision about the recognition of an industry training advisory 21
body; 22
(d) a decision about the recognition of a group training organisation. 23
s 225 114 s 227
Training and Employment
appeals 1
Starting
225.(1) The appeal is started by-- 2
(a) filing a written notice of appeal with the court; and 3
(b) serving a copy of the notice on the chairperson of the council or 4
board. 5
(2) The notice of appeal must be filed within 21 days after the day the 6
aggrieved person is given an information notice for the decision being 7
appealed. 8
(3) The court may, at any time, extend the period for filing the notice of 9
appeal. 10
(4) The notice of appeal must state fully the grounds of the appeal. 11
of operation of decisions 12
Stay
226.(1) The court may grant a stay of the operation of the decision being 13
appealed to secure the effectiveness of the appeal. 14
(2) The stay-- 15
(a) may be given on conditions the court considers appropriate; and 16
(b) operates for the period fixed by the court; and 17
(c) may be revoked or amended by the court. 18
(3) The period of the stay must not extend past the time when the court 19
decides the appeal. 20
(4) The appeal affects the decision, or carrying out of the decision, only if 21
the decision is stayed. 22
procedures 23
Hearing
227.(1) In deciding the appeal, the court has the same powers as the 24
council or board in making the decision being appealed. 25
(2) The appeal is by way of rehearing. 26
s 228 115 s 230
Training and Employment
of court on appeal 1
Powers
228.(1) In deciding the appeal, the court may-- 2
(a) dismiss the appeal; or 3
(b) allow the appeal, set aside the decision being appealed and 4
substitute another decision; or 5
(c) allow the appeal and amend the decision; or 6
(d) allow the appeal, suspend the operation of the decision and remit 7
the matter, with or without directions, to the council or the board 8
to act according to law. 9
(2) If the court amends the decision or substitutes another decision for it, 10
the amended or substituted decision is, for this Act (other than this part) 11
taken to be the council's or board's decision. 12
to District Court on question of law 13
Appeal
229. A party to an appeal to a Magistrates Court may appeal against the 14
Magistrates Court's decision to the District Court on a question of law only. 15
PART 2--DECISIONS RELATING TO APPRENTICES 16
AND TRAINEES 17
1--Appeals to industrial commission 18
Division
to industrial commission against council or other decisions 19
Appeal
230.(1) A person aggrieved by any of the following decisions may 20
appeal to the industrial commission-- 21
(a) the council's refusal to register a training contract; 22
(b) the amendment or assignment of a registered training contract; 23
s 231 116 s 232
Training and Employment
(c) an order under section 71;21 1
(d) the cancellation of a training contract for serious misconduct; 2
(e) the cancellation of a training contract for a reason other than for 3
serious misconduct; 4
(f) the cancellation of the registration of a training contract; 5
(g) the cancellation of a completion certificate; 6
(h) the cancellation of, or a refusal to cancel, a qualification or 7
statement of attainment by a registered training organisation; 8
(i) the extension of the nominal term of a registered training contract; 9
(j) the declaration, variation of a declaration or refusal to vary a 10
declaration of a prohibited employer; 11
(k) the stand down, or the refusal to approve the stand down, of an 12
apprentice or trainee. 13
(2) A parent of an apprentice or trainee can not be a person aggrieved for 14
any of the decisions mentioned in subsection (1). 15
(3) The appeal must be started, as required under the rules made under 16
the Industrial Relations Act 1999, within 21 days after the aggrieved person 17
is given an information notice for the decision being appealed. 18
(4) However, the commission may extend the time for starting an appeal. 19
of decision being appealed 20
Stay
231. The industrial commission may order that the decision being 21
appealed be wholly or partly stayed pending-- 22
(a) the determination of the appeal; or 23
(b) a further order of the commission. 24
of appeal 25
Nature
232.(1) An appeal to the industrial commission is by way of rehearing on 26
the record. 27
21 Section 71 (Discipline)
s 233 117 s 235
Training and Employment
(2) However, the commission may hear evidence afresh, or hear 1
additional evidence, if the commission considers it appropriate to effectively 2
dispose of the appeal. 3
on appeal 4
Decision
233.(1) The industrial commission must deal with an appeal as quickly 5
as possible. 6
(2) The commission may-- 7
(a) dismiss the appeal; or 8
(b) allow the appeal, set aside the decision being appealed and 9
substitute another decision; or 10
(c) allow the appeal and amend the decision; or 11
(d) allow the appeal, suspend the operation of the decision and remit 12
the matter, with or without directions, to the person who made the 13
decision to act according to law. 14
(3) Subject to section 244, the commission's decision-- 15
(a) is final and conclusive; and 16
(b) can not be impeached for informality or want of form. 17
jurisdiction 18
Exclusive
234.(1) The industrial commission's jurisdiction is exclusive of any 19
court's jurisdiction and an injunction or prerogative order can not be issued, 20
granted or made in relation to proceedings in the commission that are within 21
the commission's jurisdiction. 22
(2) Subsection (1) is subject to section 244. 23
2--Industrial commission's orders 24
Division
of div 2 25
Application
235. This division applies if-- 26
s 236 118 s 237
Training and Employment
(a) an appeal to the industrial commission is about the cancellation of 1
a registered training contract; and 2
(b) the commission decides the employer or the apprentice or trainee 3
has purported to cancel the contract other than in a way allowed 4
under this Act. 5
to resume training 6
Order
236.(1) The industrial commission may order-- 7
(a) the employer to resume training the apprentice or trainee; or 8
(b) the apprentice or trainee to resume training. 9
(2) If the commission makes an order under subsection (1), the 10
commission may-- 11
(a) make an order it considers necessary to maintain the continuity of 12
the training; or 13
(b) order the employer to pay to the apprentice or trainee the 14
remuneration lost, or likely to have been lost, by the apprentice or 15
trainee because of the purported cancellation; or 16
(c) order the apprentice or trainee to repay an amount paid to the 17
apprentice or trainee by or for the employer on the purported 18
cancellation. 19
cancelling contract 20
Order
237. If the industrial commission considers it would be inappropriate in 21
the circumstances for training to continue, the commission may order-- 22
(a) the contract be cancelled; and 23
(b) the employer pay to the apprentice or trainee the compensation 24
decided by the commission if the commission is satisfied the 25
payment of compensation is reasonable in all the circumstances. 26
s 238 119 s 242
Training and Employment
of compensation 1
Limit
238. The industrial commission must not award an amount under 2
section 237 that is more than the amount that could be awarded if the 3
compensation were payable under the Industrial Relations Act 1999, 4
section 79.22 5
of amounts payed to apprentice or trainee 6
Account
239. In deciding remuneration payable under section 236(2)(b) or 7
compensation payable under section 237, the industrial commission may 8
take into account an amount paid to the apprentice or trainee by the 9
employer on the purported cancellation. 10
of additional amount 11
Payment
240. If satisfied the employer has purported to cancel the contract other 12
than in a way allowed under this Act, the industrial commission may, in 13
addition to amounts ordered to be paid under section 236(2)(b) or 237, 14
order the employer to pay the apprentice or trainee an amount of not more 15
than the monetary value of 135 penalty units. 16
17
Instalments
241. The industrial commission may allow an amount ordered to be paid 18
under this division to be paid in the instalments decided by the commission. 19
orders 20
Contravening
242.(1) A person must not contravene an industrial commission order 21
made under this division. 22
Maximum penalty--40 penalty units. 23
(2) If the employer wilfully contravenes an order to continue training 24
made under section 236, the industrial commission may-- 25
(a) further order the employer to pay to the apprentice or trainee-- 26
22 Industrial Relations Act 1999, section 79 (Remedies--compensation)
s 243 120 s 244
Training and Employment
(i) an amount of not more than the monetary value of 1
50 penalty units; and 2
(ii) an amount as remuneration for lost wages; or 3
(b) make a further order the commission considers necessary about 4
the continuity of training. 5
3--Other provisions 6
Division
of amounts under orders 7
Recovery
243.(1) If the industrial commission orders, under division 2, an amount 8
be paid (as a penalty or otherwise), the registrar may issue a certificate, 9
under the commission's seal, stating-- 10
(a) the amount payable; and 11
(b) who is to pay the amount; and 12
(c) to whom the amount is payable; and 13
(d) any conditions about payment. 14
(2) The amount may be recovered in proceedings as for a debt. 15
(3) When the certificate is filed in a court having jurisdiction for the 16
recovery of the amount in an action for a debt, the order evidenced by the 17
certificate is enforceable as if it were an order made by the court where the 18
certificate is filed. 19
(4) This section does not limit other ways in which amounts may be 20
recovered on an order of the commission. 21
to Industrial Court on question of law 22
Appeal
244. A party to an appeal to the industrial commission may appeal 23
against the commission's decision to the Industrial Court on a question of 24
law only. 25
s 245 121 s 245
Training and Employment
HAPTER 9--GENERAL 1
C
ART 1--ADMINISTRATION 2
P
1--Chief executive's functions and powers 3
Division
executive's powers 4
Chief
245.(1) The chief executive has, under the Minister and as agent of the 5
State, all the powers of the State that are necessary or desirable for 6
performing the chief executive's functions. 7
(2) Anything the chief executive does in the name of, or for, the State in 8
performing the chief executive's functions is taken to be done for, and 9
binds, the State. 10
(3) Without limiting subsection (1), the chief executive may, for 11
example, in performing the chief executive's functions-- 12
(a) enter into arrangements, agreements, contracts and deeds; and 13
(b) acquire, hold, deal with, and dispose of property; and 14
(c) appoint agents and attorneys; and 15
(d) form or establish, or participate in forming or establishing, an 16
association, corporation, trust or other arrangement for a purpose 17
calculated to further in any way the objects of this Act; and 18
(e) compound, or prove in a court having jurisdiction for the recovery 19
of the amount claimed, all debts or amounts owing to the State; 20
and 21
(f) accept gifts, including testamentary gifts and grants and create and 22
administer trust funds; and 23
(g) charge, and fix terms, for goods, services, facilities and 24
information supplied; and 25
(h) seal a document; and 26
(i) issue guidelines and directions for the performance of a function 27
in relation to a TAFE institute; and 28
s 246 122 s 248
Training and Employment
(j) do other things necessary or desirable to be done in connection 1
with the functions. 2
(4) Without limiting subsection (1), the chief executive has the powers 3
given to the chief executive under this or another Act or at common law. 4
(5) However, the chief executive's powers are subject to any restriction 5
expressly imposed on the chief executive under this or another Act. 6
(6) In this section-- 7
"law" includes a common law rule. 8
"restriction" includes prohibition. 9
10
Delegations
246.(1) The chief executive may delegate the chief executive's powers to 11
an appropriately qualified officer of the department. 12
(2) In this section-- 13
"appropriately qualified", for an officer of the department to whom a 14
power under this Act may be delegated, includes having the 15
qualifications, experience or standing appropriate to the exercise of the 16
power. 17
18
Example of `standing'--
19
An officer's classification level in the public service.
20
Committees
247. The chief executive may establish committees to help the chief 21
executive to perform the chief executive's functions. 22
of other bodies 23
Membership
248.(1) The chief executive-- 24
(a) may become and be a member or manager of an entity that-- 25
(i) has among its objects-- 26
(A) a declared object; or 27
s 249 123 s 250
Training and Employment
(B) the conduct of research relevant to a declared object; or 1
(ii) the chief executive personally considers, is engaged in 2
furthering a declared object; and 3
(b) may enter into agreements with an entity for a declared object. 4
(2) The chief executive may be a member or manager of an entity only if 5
its governing body agrees. 6
(3) The chief executive may be a member of the governing body of an 7
entity of which the chief executive is a member or manager. 8
(4) In this section-- 9
"chief executive" includes the chief executive's nominee. 10
"declared object" means-- 11
(a) vocational education and training; or 12
(b) adult and community education; or 13
(c) post compulsory general education. 14
to be given as required 15
Returns
249.(1) A corporation in whose formation the chief executive has 16
participated, and an entity of which the chief executive is a member or 17
manager, must give to the Minister reports, returns and information about 18
its affairs as required by the Minister. 19
(2) In this section-- 20
"chief executive" includes the chief executive's nominee. 21
of facilities and staff 22
Use
250. The chief executive may contract, or enter into an arrangement, with 23
an entity for the use by the entity of the facilities and staff available to the 24
chief executive. 25
s 251 124 s 252
Training and Employment
2--Trusts 1
Division
for div 2 2
Definitions
251. In this division-- 3
"approved arrangement" means an arrangement-- 4
(a) approved by the Minister under section 252(4); and 5
(b) notified by gazette notice under section 252(5). 6
"trust property" see section 252(1). 7
of trust purposes 8
Variation
252.(1) This section applies if-- 9
(a) property ("trust property") is held by or for the State, at the 10
commencement of this section or at a later time, on terms 11
requiring the property or income from the property to be applied 12
to a purpose (the "original purpose") intended to further in any 13
way the objects of this Act; and 14
(b) 1 or more of the following happen-- 15
(i) the original purpose is carried out; 16
(ii) the original purpose ceases to exist; 17
(iii) the original purpose is adequately provided for otherwise; 18
(iv) the original purpose is uncertain or insufficiently defined or 19
can not be identified; 20
(v) it is or becomes impossible, impracticable or inexpedient to 21
carry out the original purpose; 22
(vi) the property or income from the property is not enough to 23
carry out the original purpose. 24
(2) The chief executive may propose an arrangement to apply the trust 25
property or a part of it or the income from the property to a purpose stated 26
in the proposal. 27
(3) The chief executive must submit the proposed arrangement in writing 28
to the Minister. 29
s 253 125 s 254
Training and Employment
(4) The proposed arrangement has no effect unless it is approved by the 1
Minister. 2
(5) If the Minister approves the proposed arrangement, the approval must 3
be notified by gazette notice. 4
(6) The approval is effective from the publication of the notice or a later 5
day stated in the notice. 6
(7) Despite the original purpose for which the trust property was held 7
immediately before the proposed arrangement becomes effective, when the 8
approved arrangement becomes effective the trust property or income from 9
it is to be applied to the purpose stated in the approved arrangement. 10
(8) However, the chief executive may not propose an arrangement under 11
subsection (2) for trust property if the trust instrument under which the 12
property is held on trust states the way the property is to be dealt with if 13
something mentioned in subsection (1)(b) happens. 14
of approved arrangement 15
Variation
253.(1) The chief executive may propose a variation of an approved 16
arrangement. 17
(2) The chief executive must submit the proposed variation in writing to 18
the Minister. 19
(3) The proposed variation has no effect unless it is approved by the 20
Minister. 21
(4) If the Minister approves the proposed variation-- 22
(a) the variation must be notified by gazette notice; and 23
(b) the approved arrangement as varied, is taken to be the approved 24
arrangement for the trust property, or the part of the property to 25
which it relates, on publication of the notice or a later day stated in 26
the notice. 27
about purposes for arrangements 28
Requirements
254.(1) This section applies if the chief executive proposes-- 29
(a) an arrangement under section 252(2); or 30
s 255 126 s 255
Training and Employment
(b) a variation of an approved arrangement under section 253(1) and 1
the proposal is to change the purpose of the approved 2
arrangement. 3
(2) The chief executive must-- 4
(a) choose a purpose that, in the chief executive's opinion, is as 5
similar as possible to the purpose for which the trust property is 6
held by or for the State immediately before-- 7
(i) the proposal of the arrangement; or 8
(ii) the variation of the approved arrangement; and 9
(b) in choosing the purpose, have regard to-- 10
(i) its usefulness; and 11
(ii) how easily it can be achieved. 12
(3) If the chief executive might have chosen another purpose for the 13
arrangement or variation, other than the chosen purpose, it is not a sufficient 14
ground for a court-- 15
(a) to declare the chief executive's chosen purpose invalid or 16
defective; or 17
(b) to stop the chief executive's chosen purpose from being carried 18
out. 19
arrangements and variations in land register 20
Recording
255.(1) This section applies if trust property to which an approved 21
arrangement, or a variation of an approved arrangement, relates consists 22
wholly or partly of land. 23
(2) The chief executive must notify the registrar of titles or other person 24
(each a "recorder") charged by law with recording dealings for the land of 25
the approved arrangement or variation of an approved arrangement within 26
1 month after the approval of the arrangement or variation takes effect. 27
(3) On receiving the notification and any other particulars about the land, 28
arrangement or variation the recorder requires, the recorder must make, in 29
the appropriate register, the entries necessary to record the existence of the 30
approved arrangement or variation. 31
s 256 127 s 259
Training and Employment
and jurisdiction in equity not affected 1
Rights
256. Other than as provided in this division, this division does not 2
affect-- 3
(a) rights, entitlements and obligations conferred or imposed by law 4
for property held on trust; or 5
(b) the jurisdiction of a court to enforce, or declare about, trusts. 6
ART 2--ENFORCEMENT 7
P
Division 1--Inspectors 8
9
Appointment
257.(1) The chief executive may appoint a public service officer or a 10
person prescribed under a regulation as an inspector. 11
(2) The chief executive may appoint an officer or a person as an inspector 12
only if, in the chief executive's opinion, the officer or person has the 13
necessary expertise or experience to be an inspector. 14
of inspector's powers 15
Limitation
258. The powers of an inspector may be limited-- 16
(a) under a regulation; or 17
(b) under a condition of appointment; or 18
(c) by signed notice of the chief executive given to the inspector. 19
appointment conditions 20
Inspector's
259.(1) An inspector holds office on the conditions stated in the 21
instrument of appointment. 22
(2) An inspector ceases holding office-- 23
s 260 128 s 261
Training and Employment
(a) if the appointment provides for a term of appointment--at the end 1
of the term; or 2
(b) if the appointment conditions provide--on ceasing to hold another 3
office stated in the appointment conditions (the "main office"). 4
(3) An inspector may resign by signed notice of resignation given to the 5
chief executive. 6
(4) However, an inspector may not resign from the office as inspector 7
under this Act (the "secondary office") if a condition of appointment to the 8
main office requires the inspector to hold the secondary office. 9
identity card 10
Inspector's
260.(1) The chief executive must give each inspector an identity card. 11
(2) The identity card must-- 12
(a) contain a recent photograph of the inspector; and 13
(b) be in a form approved by the chief executive; and 14
(c) be signed by the inspector; and 15
(d) identify the person as an inspector under this Act. 16
(3) A person who ceases to be an inspector must return the person's 17
identity card to the chief executive within 21 days after the person ceases to 18
be an inspector, unless the person has a reasonable excuse for not returning 19
it. 20
Maximum penalty--40 penalty units. 21
(4) This section does not prevent the giving of a single identity card to a 22
person for this and other Acts or for other purposes. 23
or display of inspector's identity card 24
Production
261.(1) An inspector may exercise a power under this Act in relation to a 25
person only if the inspector-- 26
(a) first produces the inspector's identity card for inspection by the 27
person; or 28
s 262 129 s 262
Training and Employment
(b) has the inspector's identity card displayed so that it is clearly 1
visible to the person. 2
(2) However, if, for any reason, it is not practicable to comply with 3
subsection (1), the inspector must produce the identity card for inspection 4
by the person at the first reasonable opportunity. 5
2--Powers of inspectors 6
Division
1--Entry of places 7
Subdivision
to enter places 8
Power
262.(1) An inspector may enter a place if-- 9
(a) its occupier consents to the entry; or 10
(b) it is a public place and the entry is made when it is open to the 11
public; or 12
(c) it is a place where a registered training organisation carries on 13
business and the entry is made when the place is open for the 14
conduct of business or otherwise open for entry; or 15
(d) the entry is authorised by a warrant; or 16
(e) the place is a place where the inspector reasonably believes-- 17
(i) a registered training organisation or an employer is-- 18
(A) training an apprentice or trainee under a registered 19
training contract or a student under a vocational 20
placement agreement; or 21
(B) providing vocational education and training to a student 22
for the issue of a qualification or statement of 23
attainment; or 24
(C) assessing a person's skills and knowledge for the issue 25
of a qualification or statement of attainment; or 26
s 263 130 s 263
Training and Employment
(ii) a delegate of the council is exercising a power delegated to 1
the delegate by the council; 2
and the entry is made when the place is open for work or the 3
conduct of business or otherwise open for entry. 4
(2) For the purpose of asking the occupier of a place for consent to enter, 5
an inspector may, without the occupier's consent or a warrant-- 6
(a) enter land around premises at the place to an extent that is 7
reasonable to contact the occupier; or 8
(b) enter part of the place the inspector reasonably considers 9
members of the public ordinarily are allowed to enter when they 10
wish to contact the occupier. 11
(3) For subsection (1)(c) and (e), the place does not include part of the 12
place where a person resides. 13
2--Procedure for entry 14
Subdivision
with consent 15
Entry
263.(1) This section applies if an inspector intends to ask an occupier of a 16
place to consent to the inspector or another inspector entering the place 17
under section 262(1)(a). 18
(2) Before asking for the consent, the inspector must tell the occupier-- 19
(a) the purpose of the entry; and 20
(b) that the occupier is not required to consent. 21
(3) If the consent is given, the inspector may ask the occupier to sign an 22
acknowledgment of the consent. 23
(4) The acknowledgment must state-- 24
(a) the occupier has been told-- 25
(i) the purpose of the entry; and 26
(ii) that the occupier is not required to consent; and 27
(b) the purpose of the entry; and 28
s 264 131 s 265
Training and Employment
(c) the occupier gives the inspector consent to enter the place and 1
exercise powers under this part; and 2
(d) the time and date the consent was given. 3
(5) If the occupier signs the acknowledgment, the inspector must 4
immediately give a copy to the occupier. 5
(6) A court must find the occupier of a place did not consent to an 6
inspector entering the place under this part if-- 7
(a) an issue arises in a proceeding before the court whether the 8
occupier of the place consented to the entry under 9
section 262(1)(a); and 10
(b) an acknowledgment mentioned in subsection (4) is not produced 11
in evidence for the entry; and 12
(c) it is not proved by the person relying on the lawfulness of the 13
entry that the occupier consented to the entry. 14
for warrant 15
Application
264.(1) An inspector may apply to a magistrate for a warrant for a place. 16
(2) The application must be sworn and state the grounds on which the 17
warrant is sought. 18
(3) The magistrate may refuse to consider the application until the 19
inspector gives the magistrate all the information the magistrate requires 20
about the application in the way the magistrate requires. 21
22
Example--
23
The magistrate may require additional information supporting the application to be
24
given by statutory declaration.
of warrant 25
Issue
265.(1) The magistrate may issue a warrant only if the magistrate is 26
satisfied there are reasonable grounds for suspecting-- 27
(a) there is a particular thing or activity (the "evidence") that may 28
provide evidence of an offence against this Act; and 29
s 266 132 s 266
Training and Employment
(b) the evidence is at the place or, within the next 72 hours, may be at 1
the place. 2
(2) The warrant must state-- 3
(a) that a stated inspector may, with necessary and reasonable help 4
and force-- 5
(i) enter the place and any other place necessary for entry; and 6
(ii) exercise the inspector's powers under this part; and 7
(b) the offence for which the warrant is sought; and 8
(c) the evidence that may be seized under the warrant; and 9
(d) the hours of the day or night when the place may be entered; and 10
(e) the date, within 7 days after the warrant's issue, the warrant ends. 11
before entry 12
Warrants--procedure
266.(1) This section applies if an inspector named in a warrant issued 13
under this part for a place is intending to enter the place under the warrant. 14
(2) Before entering the place, the inspector must do or make a reasonable 15
attempt to do the following things-- 16
(a) identify himself or herself to a person present at the place who is 17
an occupier of the place by producing the inspector's notice of 18
appointment or other document evidencing the appointment; 19
(b) give the person a copy of the warrant; 20
(c) tell the person the inspector is permitted by the warrant to enter 21
the place; 22
(d) give the person an opportunity to allow the inspector immediate 23
entry to the place without using force. 24
(3) However, the inspector need not comply with subsection (2) if the 25
inspector reasonably believes that immediate entry to the place is required to 26
ensure the effective execution of the warrant is not frustrated. 27
s 267 133 s 267
Training and Employment
Subdivision 3--Powers after entry 1
powers after entering places 2
General
267.(1) This section applies to an inspector who enters a place. 3
(2) However, if an inspector-- 4
(a) enters a place to get the occupier's consent to enter premises, this 5
section applies to the inspector only if the consent is given; or 6
(b) enters a place under a warrant, this section applies subject to the 7
warrant. 8
(3) For monitoring or enforcing compliance with this Act, the inspector 9
may-- 10
(a) search any part of the place; or 11
(b) inspect a document in or on the place; or 12
(c) take extracts from, or make copies of, a document in or on the 13
place; or 14
(d) take into or onto the place any persons, equipment and materials 15
the inspector reasonably requires for exercising a power under 16
this Act; or 17
(e) require the occupier of the place, or a person at the place, to give 18
the inspector reasonable help to exercise the inspector's powers 19
under paragraphs (a) to (d); or 20
(f) require the occupier of the place, or a person at the place, to give 21
the inspector information to help the inspector ascertain whether 22
this Act is being complied with. 23
(4) When making a requirement mentioned in subsection (3)(e) or (f), 24
the inspector must warn the person it is an offence to fail to comply with the 25
requirement, unless the person has a reasonable excuse. 26
s 268 134 s 270
Training and Employment
to help inspector or give inspector information 1
Failure
268.(1) A person required to give reasonable help under 2
section 267(3)(e) or information under section 267(3)(f), must comply with 3
the requirement, unless the person has a reasonable excuse. 4
Maximum penalty--40 penalty units. 5
(2) If the requirement is to be complied with by the person giving 6
information, or producing a document, other than a document required to be 7
kept by the person under this Act, it is a reasonable excuse for the person to 8
fail to comply with the requirement if complying with it might tend to 9
incriminate the person. 10
4--Power to seize evidence 11
Subdivision
to seize evidence from places 12
Power
269.(1) An inspector who enters a place under section 262(1)(e) may 13
seize a thing at the place if the inspector reasonably believes the thing is 14
evidence of an offence against this Act. 15
(2) An inspector who enters a place under this division under a warrant 16
may seize the evidence for which the warrant was issued. 17
(3) An inspector who enters a place under this division under a warrant, 18
or enters a place with the occupier's consent, may seize a thing if the 19
inspector reasonably believes-- 20
(a) the thing is evidence of the commission of an offence against this 21
Act; and 22
(b) the seizure is necessary to prevent-- 23
(i) the thing's concealment, loss or destruction; or 24
(ii) the thing's use in committing, continuing or repeating the 25
offence. 26
for seized things 27
Receipts
270.(1) As soon as practicable after an inspector seizes a thing, the 28
inspector must give a receipt for it to the person from whom it was seized. 29
s 271 135 s 273
Training and Employment
(2) However, if for any reason it is not practicable to comply with 1
subsection (1), the inspector must leave the receipt at the place of seizure in 2
a conspicuous position and in a reasonably secure way. 3
(3) The receipt must describe generally each thing seized and its 4
condition. 5
to allow inspection etc. 6
Inspector
271. Until a seized thing is returned or otherwise finally dealt with under 7
this Act, an inspector must allow a person who would be entitled to 8
possession of it, if it had not been seized-- 9
(a) to inspect it free of charge; or 10
(b) if it is a document, to obtain a copy of it free of charge. 11
to return seized things 12
Obligation
272.(1) This section applies if a thing is seized under this Act. 13
(2) The chief executive must return the seized thing to its owner at the 14
end of-- 15
(a) 6 months; or 16
(b) if a prosecution for an offence involving the thing is started within 17
the 6 months--the prosecution for the offence and any appeal 18
from the prosecution. 19
(3) Despite subsection (2), the chief executive must return the seized 20
thing to its owner immediately if the chief executive stops being satisfied its 21
retention as evidence is necessary. 22
Subdivision 5--Power to obtain information 23
to require production of documents 24
Power
273.(1) An inspector may require a person to make available for 25
inspection by an inspector, or produce to an inspector for inspection, at a 26
reasonable time and place nominated by the inspector-- 27
s 274 136 s 276
Training and Employment
(a) a document issued to the person under this Act; or 1
(b) a document required to be kept by the person under this Act. 2
(2) The person must comply with the requirement, unless the person has 3
a reasonable excuse. 4
Maximum penalty--40 penalty units. 5
Subdivision 6--General enforcement matters 6
etc. an inspector 7
Obstructing
274. A person must not obstruct an inspector in the exercise of a power, 8
unless the person has a reasonable excuse. 9
Maximum penalty--40 penalty units. 10
to be an inspector 11
Pretending
275. A person must not pretend to be an inspector. 12
Maximum penalty--40 penalty units. 13
14
Compensation
276.(1) A person may claim compensation from the State if the person 15
incurs loss or expense because of the exercise or purported exercise of a 16
power under this part. 17
(2) Payment of compensation may be claimed and ordered in a 18
proceeding for-- 19
(a) compensation brought in a court having jurisdiction for the 20
recovery of the amount of compensation claimed; or 21
(b) an offence against this Act brought against the person claiming 22
compensation. 23
(3) A court may order the payment of compensation for the loss or 24
expense only if satisfied that it is just to make the order in the circumstances 25
of the particular case. 26
s 277 137 s 278
Training and Employment
ART 3--OTHER PROVISIONS 1
P
Division 1--Offences 2
or misleading statements to official 3
False
277.(1) A person must not state anything to an official the person knows 4
is false or misleading in a material particular. 5
Maximum penalty--50 penalty units. 6
(2) In this section-- 7
"official" means any of the following-- 8
(a) the board; 9
(b) the council; 10
(c) the ombudsman; 11
(d) the chief executive; 12
(e) an inspector. 13
or misleading documents to official 14
False
278.(1) A person must not give an official a document containing 15
information the person knows is false or misleading in a material particular. 16
Maximum penalty--50 penalty units. 17
(2) Subsection (1) does not apply to a person who when giving the 18
document-- 19
(a) tells the official, to the best of the person's ability, how it is false 20
or misleading; and 21
(b) if the person has, or can get, the correct information, gives the 22
correct information to the official. 23
(3) In this section-- 24
"official" has the meaning given by section 277. 25
s 279 138 s 280
Training and Employment
about false or misleading statements or documents 1
Offences
279.(1) For an offence against a prescribed provision, it is enough to 2
allege that the relevant statement or document was `false or misleading' 3
without specifying which. 4
(2) In this section-- 5
"prescribed provision" means section 55, 72(4), 73(6), 102, 277(1) or 6
278(1).23 7
2--General accountability provisions 8
Division
officers must ensure corporation complies with prescribed 9
Executive
provision 10
280.(1) This section applies if a corporation commits an offence against a 11
prescribed provision. 12
(2) Each of the corporation's executive officers also commits an offence, 13
namely, the offence of failing to ensure the corporation complies with the 14
prescribed provision. 15
Maximum penalty--the maximum penalty for the contravention of the 16
prescribed provision by an individual. 17
(3) Evidence that a corporation has been convicted of an offence against a 18
prescribed provision is evidence each of the corporation's executive officers 19
committed the offence of failing to ensure the corporation complies with the 20
prescribed provision. 21
(4) However, it is a defence for an executive officer to prove-- 22
(a) if the officer was in a position to influence the conduct of the 23
corporation in relation to the offence--that the officer took 24
reasonable steps to ensure the corporation complied with the 25
prescribed provision; or 26
23 Section 55 (False or misleading information in training contract), 72 (Employer
and apprentice or trainee to notify completion of training), 73 (Issuing
qualification or statement of attainment on completion of training), 102 (False or
misleading information in training plan), 277 (False or misleading statements to
official) or 278 (False or misleading documents to official)
s 281 139 s 281
Training and Employment
(b) the officer was not in a position to influence the conduct of the 1
corporation in relation to the offence. 2
(5) In this section-- 3
"prescribed provision" means section 23(2), 24(8), 25(2), 31, 33(1), (2), 4
(3), (4), (6) or (7), 34(3), 46(4) or (6), 52(1) or (2), 54(1), 55, 56, 5
57(2), 60(2) or (3), 61(2), 64(8), 65(7), 71(7), 73(6), 79, 80, 85(1), 93, 6
99, 102, 110, 111 or 112.24 7
for acts or omissions of representatives 8
Responsibility
281.(1) This section applies in a proceeding for an offence against this 9
Act. 10
(2) If it is relevant to prove a person's state of mind about a particular act 11
or omission, it is enough to show-- 12
(a) the act was done or omitted to be done by a representative of the 13
person within the scope of the representative's actual or apparent 14
authority; and 15
(b) the representative had the state of mind. 16
24 Section 23 (Registration conditions), 24 (Registering training organisations
registered under corresponding law), 25 (Training organisation registered under
corresponding law not to provide service unless registered), 31 (Restrictions after
action to amend, suspend or cancel registration started), 33 (False statements by
training organisation), 34 (Issuing qualifications and statements of attainment),
46 (Recognition of courses accredited under corresponding laws), 52 (Training
contract to be signed), 54 (Registering training contract), 55 (False or
misleading information in training contract), 56 (Premiums prohibited), 57
(Amending or assigning registered training contract), 60 (Reinstatement in
previous position), 61 (Agreeing to cancel training contract), 64 (Cancellation
for serious misconduct), 65 (Council's power to reinstate training), 71
(Discipline), 73 (Issuing qualification or statement of attainment on completion
of training), 79 (Employer to provide facilities), 80 (Employer to comply with
training plan), 85 (Prohibited employer not to contravene declaration), 93
(Supervising registered training organisation to ensure delivery of training), 99
(Coercion), 102 (False or misleading information in training plan), 110 (Offering
course if vocational placement scheme not recognised), 111 (Registered training
organisation to arrange vocational placement) or 112 (Vocational placement not
to be arranged contrary to recognition)
s 282 140 s 282
Training and Employment
(3) An act done or omitted to be done for a person by a representative of 1
the person within the scope of the representative's actual or apparent 2
authority is taken to have been done or omitted to be done also by the 3
person, unless the person proves-- 4
(a) if the person was in a position to influence the conduct of the 5
representative in relation to the act or omission, the person took 6
reasonable steps to prevent the act or omission; or 7
(b) the person was not in a position to influence the conduct of the 8
representative in relation to the act or omission. 9
(4) In this section-- 10
"representative" means-- 11
(a) for a corporation--an executive officer, employee or agent of the 12
corporation; or 13
(b) for an individual--an employee or agent of the individual. 14
of interests by member of disclosure body 15
Disclosure
282.(1) This section applies if a member of a disclosure body has a direct 16
or indirect interest in a matter being considered, or about to be considered, 17
by the body. 18
(2) The member must disclose the nature of the interest to a meeting of 19
the body as soon as practicable after the relevant facts come to the 20
member's knowledge. 21
Maximum penalty--50 penalty units. 22
(3) The disclosure must be recorded in the minutes of the meeting of the 23
body. 24
(4) In this section-- 25
"disclosure body" means any of the following-- 26
(a) the board; 27
(b) the council; 28
(c) a TAFE institute council; 29
(d) a TAFE college council; 30
s 283 141 s 283
Training and Employment
(e) a committee established by an entity mentioned in paragraphs (a) 1
to (d); 2
(f) a committee established by the chief executive. 3
etc. by interested member of disclosure body 4
Voting
283.(1) If a member of a disclosure body has a material personal interest 5
in a matter being considered by the body, the member must not-- 6
(a) vote on the matter; or 7
(b) vote on a proposed resolution (a "related resolution") under 8
subsection (2)(a) in relation to the matter (whether in relation to 9
the member or another member); or 10
(c) be present while the matter, or a related resolution, is being 11
considered by the body; or 12
(d) otherwise take part in any decision of the body in relation to the 13
matter or a related resolution. 14
Maximum penalty--50 penalty units. 15
(2) Subsection (1) does not apply to the matter if-- 16
(a) the body has passed a resolution that-- 17
(i) states the member, the interest and the matter; and 18
(ii) states that the members voting for the resolution are satisfied 19
that the interest should not disqualify the member from 20
considering or voting on the matter; or 21
(b) if a quorum of the body can not be formed because of 22
subsection (1)--the Minister has given a written direction to that 23
effect for the matter. 24
(3) In this section-- 25
"disclosure body" has the meaning given by section 282. 26
s 284 142 s 285
Training and Employment
disclosure of interests 1
Other
284.(1) This section applies if a person, other than a public service 2
employee, has a direct or indirect interest in a matter that appears likely to 3
conflict, or appears capable of conflicting, with the exercise of the person's 4
powers or the performance of the person's functions under this Act.25 5
(2) The person must disclose the interest to-- 6
(a) if the person is the ombudsman--the Minister; or 7
(b) if the person is an owner or executive officer of an registered 8
training organisation--the chief executive; or 9
(c) otherwise--the chief executive. 10
Maximum penalty--50 penalty units. 11
(3) The Minister or chief executive may, by signed notice, direct the 12
person to take the reasonable action stated in the notice to resolve the 13
conflict. 14
(4) The person must not contravene the direction, unless the person has a 15
reasonable excuse. 16
Maximum penalty for subsection (4)--40 penalty units. 17
to act honestly 18
Duty
285.(1) This section applies if a person exercises a power or performs a 19
function under this Act. 20
(2) In exercising the power or performing the function, the person must 21
act honestly. 22
Maximum penalty--50 penalty units. 23
(3) The person must not use any information acquired in exercising the 24
power or performing the function to, directly or indirectly-- 25
(a) gain a benefit for the person or someone else; or 26
25 The Public Service Act 1996, sections 56 and 84 provide for the disclosure of
interests by public service employees.
s 286 143 s 287
Training and Employment
(b) cause a detriment to someone else. 1
Maximum penalty for subsection (3)--50 penalty units. 2
of confidentiality 3
Protection
286.(1) This section applies if a person exercises a power or performs a 4
function under this Act. 5
(2) The person must not disclose to anyone else information that comes 6
to the person's knowledge in exercising the power or performing the 7
function or because of an opportunity provided by the exercise of the power 8
or performance of the function. 9
Maximum penalty--50 penalty units. 10
(3) However, a person does not contravene subsection (2) if the person 11
discloses information-- 12
(a) under this Act; or 13
(b) with the authorisation of the chief executive; or 14
(c) required to be disclosed under a matter before the council or 15
ombudsman; or 16
(d) ordered by a court, commission or tribunal constituted by law to 17
be disclosed under proceedings before it; or 18
(e) otherwise required by law to be disclosed. 19
Division 3--Procedural and evidentiary provisions 20
proceedings for offences 21
Summary
287.(1) A proceeding for an offence against this Act is to be taken in a 22
summary way under the Justices Act 1886. 23
(2) A proceeding for an offence under this Act must be commenced-- 24
(a) within 1 year after the offence was committed; or 25
(b) within 6 months after the offence comes to the complainant's 26
knowledge, but within 18 months after the offence was 27
committed. 28
s 288 144 s 289
Training and Employment
of parties 1
Representation
288.(1) A party to a proceeding for an offence against this Act may be 2
represented in the proceedings by an agent appointed in writing or a lawyer. 3
(2) However, a party who is represented by an agent or lawyer can not be 4
awarded costs of the representation. 5
provisions 6
Evidentiary
289.(1) This section applies to a proceeding under this Act. 7
(2) It is not necessary to prove-- 8
(a) the appointment of-- 9
(i) the ombudsman; or 10
(ii) a member of the board or the council or a member of a 11
committee established by the board or the council; or 12
(iii) the chief executive or an inspector; or 13
(b) the authority of the council, chief executive or an inspector to take 14
an action, commence a proceeding or make or give an order, 15
direction or requirement; 16
unless a party, by reasonable notice of at least 7 days, requires proof of the 17
appointment or authority. 18
(3) A signature on a document purporting to be that of the ombudsman, a 19
person authorised to sign the document for the board or council, the chief 20
executive, an inspector, or an owner or executive officer of a registered 21
training organisation is evidence of the signature it purports to be. 22
(4) An entry in a register required to be kept under this Act, or a copy or 23
extract from a register, certified to be a true copy or extract by a person 24
authorised to sign a document for the council or the chief executive is 25
evidence of the matters contained in the register. 26
(5) A certificate signed by a person authorised to sign a document for the 27
council, the chief executive or an inspector and stating any of the following 28
matters is evidence of the matter-- 29
s 290 145 s 290
Training and Employment
(a) on a stated day, or during a stated time, a stated person was, or 1
was not, a party to a registered training contract or a registered 2
vocational placement agreement; 3
(b) on a stated day, or during a stated time, a stated training 4
organisation was, or was not, a registered training organisation. 5
(6) A registered training contract or vocational placement agreement is 6
evidence of the things stated in it. 7
(7) A document apparently published by or for the Minister, the board or 8
council or the chief executive, is evidence that the document and the things 9
stated in it are authorised by the Minister, the board or council or the chief 10
executive. 11
(8) A copy signature on a document purporting to be a facsimile of the 12
signature of a person ("signatory") who is, or was, a person authorised to 13
sign a document for the council, the chief executive or an inspector is 14
evidence-- 15
(a) of the signature of the person who is, or was, the signatory; and 16
(b) the signature was placed on the document by or with the authority 17
of the person who is, or was, the signatory. 18
4--Other provisions 19
Division
from liability 20
Protection
290.(1) An indemnified person is not civilly liable for an act done, or 21
omission made, honestly and without negligence under this Act. 22
(2) If subsection (1) prevents a civil liability attaching to the person, the 23
liability attaches instead to the State. 24
(3) In this section-- 25
"indemnified person" means any of the following-- 26
(a) the Minister; 27
(b) the ombudsman; 28
(c) a member of the board or council or a member of a committee 29
established by the board or council; 30
s 291 146 s 292
Training and Employment
(d) a member of a TAFE institute council or college council; 1
(e) the chief executive; 2
(f) an officer or employee of the department; 3
(g) an inspector; 4
(h) a person mentioned in section 267(3)(e).26 5
power 6
Regulation-making
291.(1) The Governor in Council may make regulations under this Act. 7
(2) Without limiting subsection (1), a regulation may-- 8
(a) provide for the fees payable under this Act; or 9
(b) create offences and impose penalties (including different penalties 10
for successive offences) of not more than 20 penalty units. 11
CHAPTER 10--AMENDMENTS, REPEALS AND 12
TRANSITIONAL PROVISIONS 13
PART 1--CONSEQUENTIAL AMENDMENTS OF 14
OTHER ACTS 15
Division 1--Consequential amendments of Industrial Relations Act 16
1999 17
amendment of Industrial Relations Act 1999 18
Consequential
292. Schedule 1 amends the Industrial Relations Act 1999. 19
26 Section 267 (General powers after entering places)
s 293 147 s 295
Training and Employment
Division 2--Consequential amendments of other Acts 1
amendment of other Acts 2
Consequential
293. Schedule 2 amends the Acts stated in it. 3
ART 2--REPEALS 4
P
of Acts 5
Repeal
294. The following Acts are repealed-- 6
· Vocational Education, Training and Employment Act 1991 7
· Vocational Education and Training (Industry Placement) Act 8
1992. 9
PART 3--TRANSITIONAL PROVISIONS 10
Division 1--Preliminary 11
for pt 3 12
Definitions
295. In this part-- 13
"commission" means the Vocational Education, Training and Employment 14
Commission established under the former VETE Act. 15
"corporation" means the Vocational Education, Training and Employment 16
Corporation established under the former VETE Act. 17
"former body" means any of the following bodies constituted or 18
established under the former VETE Act-- 19
(a) the commission; 20
s 296 148 s 298
Training and Employment
(b) the accreditation council; 1
(c) the state planning and development council; 2
(d) the state training council. 3
"former industry placement Act" means the repealed Vocational 4
Education and Training (Industry Placement) Act 1992. 5
"industrial body" means the industrial commission or an industrial 6
magistrate. 7
"new training contract" see section 307. 8
"State Training Council" means the State Training Council constituted 9
under the former VETE Act. 10
Division 2--Transitional provisions for former VETE Act 11
of corporation and former bodies 12
Dissolution
296.(1) The corporation and each former body are dissolved. 13
(2) The members of each former body go out of office. 14
and liabilities 15
Assets
297.(1) The assets and liabilities of the corporation and each former body 16
vest in the State. 17
(2) If the corporation held property on trust, the State holds the property 18
on the terms of the trust. 19
20
Proceedings
298.(1) A proceeding by or against the corporation or a former body that 21
has not ended before the commencement of this section may be continued 22
and finished by or against the State. 23
(2) A proceeding that could have been taken by or against the corporation 24
or a former body if the corporation or former body had continued to exist, 25
may be taken by or against the State. 26
s 299 149 s 301
Training and Employment
contracts 1
Existing
299.(1) If the corporation or a former body was a party to a contract in 2
force immediately before the commencement of this section, the contract 3
continues in force and the State is taken to be a party instead of the 4
corporation or former body. 5
(2) In this section-- 6
"contract" means a contract other than a training contract. 7
8
References
300. A reference in an Act or document to-- 9
(a) the former VETE Act or the former industry placement Act may, 10
if the context permits, be taken to be a reference to this Act; or 11
(b) the corporation may, if the context permits, be taken to be a 12
reference to the chief executive; or 13
(c) a former body may, if the context permits, be taken to be a 14
reference to-- 15
(i) if the reference is to the commission or the state planning 16
and development council--the board; or 17
(ii) if the reference is to the accreditation council or state training 18
council--the council. 19
approvals 20
Existing
301.(1) An approval in force immediately before the commencement of 21
this section is taken to be an approval granted under this Act. 22
(2) The approval continues in force subject to this Act and is not 23
renewable. 24
(3) The approval ends when it would have ended under the former 25
VETE Act, unless the council by fair procedures prescribed under a 26
regulation-- 27
(a) if the approval is the registration of a training 28
organisation--sooner suspends or cancels the registration; or 29
s 302 150 s 303
Training and Employment
(b) if the approval is the accreditation of a course--sooner cancels the 1
accreditation. 2
(4) Subsection (2) applies despite a provision of the approval or the 3
former VETE Act about renewing the approval. 4
(5) In this section-- 5
"approval" means-- 6
(a) the registration of a training organisation under the former VETE 7
Act; or 8
(b) the accreditation of a course under the former VETE Act. 9
conferred under former VETE Act 10
Awards
302.(1) An award conferred, or continued in force, under the former 11
VETE Act is taken to be a qualification issued under this Act. 12
(2) In this section-- 13
"award" means any of the following-- 14
(a) a certificate of completion given under section 7327 of the former 15
VETE Act; 16
(b) a certificate, advanced certificate, associate diploma, diploma or 17
other award that was approved by the commission under the 18
former VETE Act; 19
(c) another academic award or certificate. 20
for work or training recognised under former VETE Act 21
Certificate
303. A certificate issued under section 82 28 of the former VETE Act by 22
the State Training Council and in force immediately before the 23
commencement of this section is taken to be a recognition certificate issued 24
by the council under this Act. 25
27 Section 73 (Period of a training scheme) of the former VETE Act
28 Section 82 (Recognition of work or training) of the former VETE Act
s 304 151 s 305
Training and Employment
decisions under former VETE Act 1
Existing
304.(1) This section applies to a decision made under the former VETE 2
Act by the corporation or a former body if the decision has not had full 3
effect at the commencement of this section. 4
(2) The decision continues in force subject to this Act and-- 5
(a) if the decision was made under the former VETE Act by the 6
corporation--is taken to be a decision made by the chief 7
executive; or 8
(b) if the decision was made under the former VETE Act by a 9
former body-- 10
(i) if the former body was the commission or state planning and 11
development council--is taken to be a decision made by the 12
board; or 13
(ii) if the former body was the accreditation council or the state 14
training council--is taken to be a decision made by the 15
council. 16
(3) If a person had a right to appeal against a decision mentioned in 17
subsection (2)(a) under the former VETE Act that had not ended 18
immediately before the commencement of this section, the person may, 19
within the time allowed for appealing under the former VETE Act, appeal 20
against the decision under chapter 8 as if the decision were made under this 21
Act. 22
(4) However, the decision does not authorise a matter that can not be 23
decided under this Act. 24
(5) In this section-- 25
"decision" includes determination, direction and ruling. 26
orders of industrial body 27
Existing
305.(1) This section applies to an order made under the former VETE 28
Act by an industrial body if the order has not had full effect at the 29
commencement of this section. 30
s 306 152 s 307
Training and Employment
(2) The order continues in force as if it were made under the provisions 1
of the Industrial Relations Act 1999 corresponding with provisions of the 2
former VETE Act under which the order was made. 3
proceedings before industrial body 4
Existing
306. A proceeding for an offence started before an industrial body under 5
the former VETE Act but not finished at the commencement of this section 6
may be carried on and prosecuted as if it had been started under this Act. 7
training agreements 8
Existing
307.(1) A training agreement (the "former training agreement") for an 9
apprentice or trainee approved under section 7029 of the former VETE Act 10
and in force immediately before the commencement of this section 11
continues in force, subject to this Act, as if it were a registered training 12
contract (the "new training contract") under this Act. 13
(2) Despite any contrary or inconsistent provision of the former training 14
agreement, the new training contract is taken to provide that, at its 15
completion, the apprentice or trainee being trained under it is eligible to 16
receive the qualification or statement of attainment-- 17
(a) identified in a national training system of qualifications or an 18
accredited course as the most appropriate qualification or 19
statement of attainment for the training undertaken by the 20
apprentice or trainee under the former training agreement and the 21
new training contract; and 22
(b) issued by the supervising registered training organisation 23
appointed under section 311 for the new training contract. 24
(3) Also, despite a provision of the former training agreement, at the 25
completion of the new training contract, the council must issue a completion 26
certificate to the apprentice or trainee. 27
29 Section 70 (Training agreements) of the former VETE Act
s 308 153 s 310
Training and Employment
(4) The apprentice or trainee continues to be entitled under the new 1
training contract to the same conditions of employment under the Industrial 2
Relations Act 1999 the apprentice or trainee was entitled to under the former 3
training agreement. 4
industry training advisory bodies 5
Existing
308. The industry training advisory bodies mentioned in section 1430 of 6
the former VETE Act and in existence immediately before the 7
commencement of this section are taken to be recognised by the board as 8
industry training advisory bodies under this Act. 9
group training schemes 10
Existing
309. A group training scheme under the former VETE Act in existence 11
immediately before the commencement of this section is taken be 12
recognised by the board as a group training organisation under this Act. 13
regulations 14
Existing
310.(1) The Vocational Education, Training and Employment 15
Regulation 1991, (the "preserved regulation") in force under the former 16
Act immediately before the commencement of this section remains in force 17
for this Act and is taken to have been made under this Act. 18
(2) The preserved regulation-- 19
(a) is to be read with the changes necessary to make it consistent 20
with, and adapt its operation to, this Act; and 21
(b) may be amended or repealed by a regulation under this Act. 22
(3) The preserved regulation expires when this section expires, unless the 23
preserved regulation is earlier repealed. 24
(4) This section has effect despite the Statutory Instruments Act 1992, 25
section 54. 26
30 Section 14 (Recognition of industry training advisory bodies) of the former VETE
Act
s 311 154 s 313
Training and Employment
(5) This section expires 1 year after it commences or, if an earlier day is 1
prescribed under a regulation for this section, the earlier day. 2
supervising registered training organisation required 3
When
311.(1) This section applies if the unexpired term of a new training 4
contract for an apprentice or trainee is more than 6 months. 5
(2) There must be a supervising registered training organisation for the 6
apprentice or trainee. 7
(3) Promptly after the commencement of this section, the parties to the 8
contract must agree with a registered training organisation that it become the 9
supervising registered training organisation for the apprentice or trainee. 10
(4) A provision of this Act, other than section 91(1),31 applying in 11
relation to a supervising registered training organisation applies in relation to 12
a supervising registered training organisation required under this section. 13
training plan required 14
When
312.(1) This section applies if the unexpired term of a new training 15
contract for an apprentice or trainee is more than 6 months. 16
(2) There must be a training plan for the apprentice or trainee. 17
(3) Chapter 3, part 3, other than section 100(2)32 applies to the training 18
plan, with necessary changes. 19
Division 3--Transitional provisions for former industry placement Act 20
approved training schemes 21
Existing
313. An approved training scheme in existence under the former industry 22
placement Act immediately before the commencement of this section is 23
taken to be a vocational placement scheme recognised under this Act by the 24
council. 25
31 Section 91 (Becoming a supervising registered training organisation)
32 Section 100 (Signing training plan for apprentice or trainee)
s 314 155 s 316
Training and Employment
vocational placement agreements etc. 1
Existing
314. A vocational placement agreement and a vocational training 2
agreement in force under the former industry placement Act immediately 3
before the commencement of this section continues in force, subject to this 4
Act, as if it were a vocational placement agreement under this Act. 5
decisions under former industry placement Act 6
Existing
315.(1) This section applies to a decision made under the former industry 7
placement Act if the decision has not had full effect at the commencement 8
of this section. 9
(2) The decision continues in force subject to this Act and is taken to be a 10
decision made by the council. 11
(3) However, the decision does not authorise a matter that can not be 12
decided under this Act. 13
(4) In this section-- 14
"decision" includes determination, direction and ruling. 15
orders of industrial commission 16
Existing
316.(1) This section applies to an order made under the former industry 17
placement Act by the industrial commission if the order has not had full 18
effect at the commencement of this section. 19
(2) The order continues in force as if it were made under the provisions 20
of the Industrial Relations Act 1999 corresponding with the provisions of 21
the former industry placement Act under which the order was made. 22
23
156
Training and Employment
SCHEDULE 1 1
¡
AMENDMENTS OF INDUSTRIAL RELATIONS ACT 2
1999 3
section 292 4
1. Section 5(2)-- 5
omit, insert-- 6
`(2) A person who is undertaking a vocational placement within the 7
meaning of the Training and Employment Act 2000 is not an employee.'. 8
2. Section 6(2)(d), `scheme'-- 9
omit, insert-- 10
`organisation'. 11
3. Section 6(2)-- 12
insert-- 13
`(f) a person for whose calling or business an outworker works.'. 14
4. Section 10(1)-- 15
omit, insert-- 16
`10.(1) This section does not apply to-- 17
(a) casual employees; or 18
(b) pieceworkers; or 19
(c) school-based apprentices or trainees.'. 20
5. Section 10(5)-- 21
renumber as section 10(7). 22
157
Training and Employment
SCHEDULE 1 (continued)
6. Section 10-- 1
insert-- 2
`(5) Sick leave may be taken for part of a day. 3
4
Examples--
5
1. An employee is ordinarily required to work for 8 hours on a particular day and
6
on that day becomes sick after working 3 hours. The employee may take sick leave
7
for the remaining 5 hours that the employee is unable to work because of the
8
sickness.
9
2. An employee is ordinarily required to perform work for 40 hours a week over 5
10
days, but has come to an arrangement with the employer to work 10 hours a day for 4
11
days a week. If the employee is unable to work because of sickness on a day, the
12
employee may take 10 hours sick leave, which equates to 11/4 days sick leave.
`(6) Sick leave accumulates, unless an industrial instrument provides 13
otherwise.'. 14
7. Section 10-- 15
insert-- 16
`(8) In subsections (2) and (5)-- 17
"day", for an employee who is paid on the basis of the number of hours 18
worked, means-- 19
(a) for an employee for whom an industrial instrument provides sick 20
leave--a day within the meaning of the industrial instrument so 21
far as it relates to sick leave; or 22
(b) otherwise--one-fifth of the number of ordinary hours that the 23
employee would ordinarily have been required to work in a week, 24
averaged over each completed 6 weeks of employment with the 25
employer.'. 26
8. Section 11(1)-- 27
omit, insert-- 28
`11.(1) This section does not apply to-- 29
158
Training and Employment
SCHEDULE 1 (continued)
(a) casual employees; or 1
(b) pieceworkers; or 2
(c) school-based apprentices or trainees.'. 3
9. Section 11(6)-- 4
renumber as section 11(7). 5
10. Section 11-- 6
insert-- 7
`(6) Annual leave accumulates, unless an industrial instrument provides 8
otherwise.'. 9
11. Section 14(6)-- 10
omit. 11
12. Section 15(1), `, other than a casual employee or pieceworker,'-- 12
omit. 13
13. Section 15(2) and (3)-- 14
omit, insert-- 15
`(2) Subsection (1) applies to an employee whether the employee-- 16
(a) works on the public holiday; or 17
(b) does not work on that day because of the public holiday. 18
`(2A) Despite subsection (2), subsection (1) applies to a school-based 19
apprentice or trainee only if the apprentice or trainee works on the public 20
holiday. 21
`(3) Subsection (1) does not apply-- 22
159
Training and Employment
SCHEDULE 1 (continued)
(a) to a casual employee or pieceworker; or 1
(b) if the employee is rostered off on the public holiday.'. 2
14. Section 47(4)-- 3
renumber as section 47(5). 4
15. Section 47-- 5
insert-- 6
`(4) Subsection (3)(a)(i) does not affect an employee's entitlement to 7
long service leave under-- 8
(a) an award made before 23 June 1990; or 9
(b) the Industrial Conciliation and Arbitration Act 1961.'. 10
16. Section 68(1), `under this chapter or chapter 3'-- 11
omit. 12
17. Section 72(1) to (3)-- 13
omit, insert-- 14
`72.(1) Section 73(1) does not apply to-- 15
(a) an employee during the first 3 months of employment with an 16
employer (the "probationary period"), if the dismissal is for a 17
reason other than an invalid reason, unless the employee and 18
employer agree in writing that the employee serve-- 19
(i) a period of probation that is shorter than the probationary 20
period; or 21
(ii) no period of probation; or 22
(b) an employee serving a period of probation that is longer than the 23
probationary period, if-- 24
160
Training and Employment
SCHEDULE 1 (continued)
(i) the period decided, by written agreement between the 1
employee and employer before the employment started, is a 2
reasonable period having regard to the nature and 3
circumstances of the employment; and 4
(ii) the dismissal is for a reason other than an invalid reason; or 5
(c) a short term casual employee; or 6
(d) an employee engaged for a specific period or task, unless the 7
main purpose of engaging the employee in that way is, or was at 8
the time of the employee's engagement, to avoid the employer's 9
obligations under part 2; or 10
(e) an employee-- 11
(i) who is not employed under an industrial instrument; and 12
(ii) who is not a public service officer employed on tenure under 13
the Public Service Act 1996; and 14
(iii) whose annual wages immediately before the dismissal are 15
more than $68 000 or a greater amount stated in, or worked 16
out in a way prescribed under a regulation; or 17
(f) an apprentice or trainee. 18
`(2) Parts 3 and 433 do not apply to-- 19
(a) a casual employee; or 20
(b) an employee engaged by the hour or day; or 21
(c) an employee engaged for a specific period or task; or 22
(d) an employee during the first 3 months of employment with an 23
employer (the "probationary period") unless the employee and 24
employer agree in writing that the employee serve-- 25
(i) a period of probation that is shorter than the probationary 26
period; or 27
(ii) no period of probation; or 28
33 Parts 3 (Requirements for dismissal) and 4 (Dismissal of 15 or more employees)
161
Training and Employment
SCHEDULE 1 (continued)
(e) an employee serving a period of probation that is longer than the 1
probationary period if the period decided by written agreement 2
between the employee and employer before the employment 3
started, is a reasonable period having regard to the nature and 4
circumstances of the employment; or 5
(f) an employee-- 6
(i) who is not employed under an industrial instrument; and 7
(ii) who is not a public service officer employed on tenure under 8
the Public Service Act 1996; and 9
(iii) whose annual wages immediately before the dismissal are 10
more than $68 000 or a greater amount stated in, or worked 11
out in a way prescribed, under a regulation. 12
`(3) Part 4 does not apply to an employee with less than 1 year of 13
continuous service.'. 14
18. Section 72(6) and (7)-- 15
omit, insert-- 16
`(6) Parts 3 to 734 do not apply to-- 17
(a) an apprentice or trainee; or 18
(b) an employee participating in a labour market program.'. 19
19. Section 72(8), definition "federal award employee"-- 20
omit. 21
20. Section 72(8)-- 22
renumber as section 72(7). 23
34 Chapter 3 (Dismissals), parts 3 (Requirements for dismissal), 4 (Dismissal of 15
or more employees), 5 (Protection of injured employees), 6 (Stand-down of
employees) and 7 (General)
162
Training and Employment
SCHEDULE 1 (continued)
21. Section 74-- 1
insert-- 2
`(2A) However, a person-- 3
(a) who, immediately before the commencement of this subsection, 4
was a federal award employee within the meaning of 5
section 72(8), as in force immediately before the commencement 6
of this subsection; and 7
(b) who was dismissed after 30 June 1999, but before the 8
commencement of this subsection; and 9
(c) who-- 10
(i) has made an application for reinstatement relating to that 11
dismissal to the commission, but the application was rejected 12
or dismissed because the person was a federal award 13
employee; and 14
(ii) has not made an application for reinstatement relating to that 15
dismissal to the Australian commission; 16
may make an application within 21 days after the commencement of this 17
subsection.'. 18
22. Section 74(4) and (5)(b), `to whom this chapter does not apply'-- 19
omit, insert-- 20
`mentioned in section 72(1) as a person to whom section 73(1) does not 21
apply'. 22
23. Section 75(3), from `, it--' to `for a stated ground; and'-- 23
omit, insert-- 24
`or because the applicant is a person to whom section 73(1) does not 25
apply, it-- 26
`(a) must issue a written certificate stating that the commission-- 27
(i) is so satisfied for a stated ground; or 28
163
Training and Employment
SCHEDULE 1 (continued)
(ii) considers the applicant is a person to whom section 73(1) 1
does not apply; and'. 2
24. Section 75(3)(b)(i), after `stated ground'-- 3
insert-- 4
`or in relation to how the applicant is a person to whom section 73(1) 5
does not apply'. 6
25. Section 97(1), from `within' to `instrument'-- 7
omit. 8
26. Section 136(2)-- 9
omit, insert-- 10
`(2) An apprentice or trainee is entitled to wages at-- 11
(a) if an industrial instrument applying to employees in the workplace 12
where the apprentice or trainee is employed or placed states a rate 13
payable to apprentices or trainees--the rate stated in the 14
instrument; or 15
(b) otherwise--the rate fixed by the commission, being a proportion 16
of the wages payable for the relevant calling to employees in the 17
workplace where the apprentice or trainee is employed or placed. 18
19
Examples--
20
1. An apprentice plumber is placed by a group training organisation in the
21
workplace of a host employer where a federal award applies. The apprentice is
22
entitled to the rate of wages stated in the federal award rather than a State
23
award.
24
2. An apprentice carpenter is placed by a group training organisation in the
25
workplace of a host employer where a certified agreement applies. The
26
certified agreement does not state the rate of wages payable to an apprentice.
27
The apprentice is entitled to wages at the rate fixed by the commission, being a
28
proportion of the wages payable to a qualified carpenter under the certified
29
agreement.'.
164
Training and Employment
SCHEDULE 1 (continued)
27. Section 136(6)-- 1
insert-- 2
` "workplace", for an apprentice or trainee employed by a group training 3
organisation, includes the workplace of the host employer with whom 4
the apprentice or trainee is placed.'. 5
28. Section 137(3), after `industrial instrument'-- 6
insert-- 7
`(other than a certified agreement or QWA)'. 8
29. Section 137(4)(b)(i), `State Training'-- 9
omit, insert-- 10
`Training Recognition'. 11
30. Section 138(3)(b)(i), `State Training'-- 12
omit, insert-- 13
`Training Recognition'. 14
31. Section 138(7), `subsection (5)(b)'-- 15
omit, insert-- 16
`subsection (9)(b)'. 17
32. Section 138(5) to (7)-- 18
renumber as section 138(9) to (11). 19
33. Section 138-- 20
insert-- 21
165
Training and Employment
SCHEDULE 1 (continued)
`(5) An offence against subsection (4) may consist of-- 1
(a) a single failure to provide the apprentice with the relevant tools, or 2
tool allowance, for a level of the apprenticeship; or 3
(b) a failure to provide the apprentice with the relevant tools, or tool 4
allowance, for the term of the apprenticeship. 5
`(6) The offence starts on the day of the failure and continues until the 6
apprentice has been provided with the relevant tools or tool allowance. 7
`(7) A complaint, or a series of complaints, may be made for any period 8
over which the offence continues. 9
`(8) However, a complaint may only relate to offences started within 10
6 years before the complaint is made.'. 11
34. After section 138-- 12
insert-- 13
`Termination of employment during probationary period 14
`138A.(1) The employment of an apprentice or trainee may be terminated 15
during the probationary period by 1 week's notice given by-- 16
(a) the employer to the apprentice or trainee; or 17
(b) the apprentice or trainee to the employer. 18
`(2) An employer who terminates the employment without giving 19
1 week's notice must pay the apprentice or trainee an amount equal to 20
1 week's wages. 21
`(3) An apprentice or trainee who terminates the employment without 22
giving 1 week's notice loses an amount equal to 1 week's wages. 23
`(4) However, subsection (1) does not apply if the person who was the 24
apprentice or trainee is re-employed by the employer under the Training 25
and Employment Act 2000, section 60.35 26
35 Training and Employment Act 2000, section 60 (Reinstatement in previous
position)
166
Training and Employment
SCHEDULE 1 (continued)
`(5) In this section-- 1
"1 week's wages" means the amount that is at least equal to the total of the 2
amounts the employer would have been liable to pay the apprentice or 3
trainee if the apprentice's or trainee's employment had continued until 4
the end of the required notice period, worked out on the basis of-- 5
(a) the ordinary working hours worked by the apprentice or trainee; 6
and 7
(b) the amounts payable to the apprentice or trainee for the hours, 8
including, for example, allowances, loadings and penalties; and 9
(c) any other amounts payable under the apprentice's or trainee's 10
employment contract. 11
"probationary period" means the probationary period decided by the 12
Training Recognition Council under the Training and Employment Act 13
2000. 14
`Wages payable to former apprentices or trainees 15
`138B.(1) This section applies if-- 16
(a) an employee was engaged as an apprentice or trainee; and 17
(b) the employer continued to employ the employee after the end of 18
the probationary period; and 19
(c) either-- 20
(i) the employer dismisses the employee; or 21
(ii) the employer does not sign a training contract. 22
`(2) The employee is entitled to the higher of the following for the period 23
after the end of the probationary period-- 24
(a) the wages that would have been payable under the relevant 25
industrial instrument had the employee continued to be employed 26
as an apprentice or trainee; 27
(b) the wages payable under the relevant industrial instrument 28
applicable to the type of work the employee performed. 29
167
Training and Employment
SCHEDULE 1 (continued)
`(3) This section does not apply to an employee if a training contract 1
between the employee and employer has been sent to the Training 2
Recognition Council for registration.'. 3
35. Section 139(2), `Vocational Education, Training and Employment 4
Act 1991, part 3'-- 5
omit, insert-- 6
`Training and Employment Act 2000'. 7
36. Section 140(3)(b)(i), `State Training'-- 8
omit, insert-- 9
`Training Recognition'. 10
37. Section 140(4)-- 11
omit. 12
38. Chapter 5-- 13
insert-- 14
`PART 7--VOCATIONAL PLACEMENT 15
Vocational placement 16
`140A.(1) The commission may make an order fixing remuneration and 17
conditions that apply to the vocational placement of a student that is for 18
more than 240 hours a year. 19
`(2) The commission may make an order-- 20
(a) of its own initiative; or 21
(b) on application by-- 22
(i) the Training Recognition Council; or 23
168
Training and Employment
SCHEDULE 1 (continued)
(ii) an organisation; or 1
(iii) the Minister; or 2
(iv) another entity with an interest in vocational placement. 3
`(3) In making an order, the commission may consider anything it 4
considers relevant, including for example-- 5
(a) the objectives of the vocational placement scheme; and 6
(b) any attribute of the students, including for example-- 7
(i) the age and competency of the students; and 8
(ii) any disability or incapacity of the students; and 9
(c) the kind of work done in the vocational placement scheme; and 10
(d) the experience to be gained by the students; and 11
(e) any relevant industrial instrument; and 12
(f) any remuneration or benefit the students are receiving from the 13
Commonwealth or the State. 14
`(4) A person must not contravene the order. 15
Maximum penalty--40 penalty units. 16
`(5) In this section-- 17
"vocational placement scheme" has the meaning given by the Training 18
and Employment Act 2000.'. 19
39. Section 275(3), `commission'-- 20
omit, insert-- 21
`full bench'. 22
40. Section 276(6)(b)-- 23
omit, insert-- 24
`(b) the person-- 25
169
Training and Employment
SCHEDULE 1 (continued)
(i) is not a public service officer employed on tenure under the 1
Public Service Act 1996; and 2
(ii) has an annual wage of more than $68 000 or a greater 3
amount stated in, or worked out in a way prescribed under a 4
regulation.'. 5
41. Section 278(1)-- 6
insert-- 7
`(e) remuneration unpaid because a person contravened an order 8
mentioned in section 140A(1).'. 9
42. Section 278(12)-- 10
insert-- 11
` "employee" includes a student to whom an order made under 12
section 140A applies.36 13
"employer" includes an employer to whom an order made under 14
section 140A applies.'. 15
43. Section 307(1), `in accordance with an agreement between'-- 16
omit, insert-- 17
`as agreed from time to time by'. 18
44. Section 350(3)(a)(ii)-- 19
omit, insert-- 20
`(ii) an inspector under the Training and Employment Act 2000; 21
or'. 22
36 Section 140A (Vocational placement)
170
Training and Employment
SCHEDULE 1 (continued)
45. Section 354(4) and (5), `(2)(d)'-- 1
omit, insert-- 2
`(3)(d)'. 3
46. Section 366(1), after `workplace'-- 4
insert-- 5
`of the employer'. 6
47. Section 366(5)-- 7
omit, insert-- 8
`(5) In this section-- 9
"employer" includes an employer to whom an order made under 10
section 140A37 applies. 11
"industrial instrument employee" means-- 12
(a) a person who-- 13
(i) is employed by the employer; and 14
(ii) works under an industrial instrument or permit; or 15
(b) a student to whom an order made under section 140A applies.'. 16
48. Section 367(1), after `workplace'-- 17
insert-- 18
`of the employer'. 19
49. Section 370(2), before subparagraph (i)-- 20
insert-- 21
37 Section 140A (Vocational placement)
171
Training and Employment
SCHEDULE 1 (continued)
`(a) the date of payment; 1
(b) the period covered by the payment; 2
(c) the number of hours covered by the payment at--'. 3
50. Section 372(1), `registered calling'-- 4
omit, insert-- 5
`calling of the officer's organisation'. 6
51. Section 373-- 7
insert-- 8
`(3A) The officer may make a copy of the record, but can not require any 9
help from the employer.'. 10
52. Section 376, definition "fixed rate", after `a permit'-- 11
insert-- 12
`or, for an apprentice or trainee, the rate applicable under section 136'. 13
53. Section 391(2)(a), `agreement'-- 14
omit, insert-- 15
`contract'. 16
54. Section 391(2)(b)-- 17
omit, insert-- 18
`(b) the Training Recognition Council has allowed the employer to 19
stand-down the apprentice or trainee under the Training and 20
Employment Act 2000.'. 21
172
Training and Employment
SCHEDULE 1 (continued)
55. Section 392-- 1
omit, insert-- 2
`Paying apprentices or trainees for supervised training 3
`392.(1) Time spent by an apprentice or trainee undertaking supervised 4
training is taken to be-- 5
(a) time worked for the employer; and 6
(b) ordinary working hours when calculating the apprentice's or 7
trainee's wages and employment conditions. 8
9
Example of paragraph (b)--
10
A trainee is required to work 38 ordinary working hours a week under an
11
award. In a particular week, the trainee spends 30 hours working for the
12
employer and 10 hours at college. The trainee is entitled to be paid 38
13
hours ordinary time (which includes 10 hours ordinary time for the time
14
spent at college) and 2 hours overtime.
`(2) Subsection (1) applies irrespective of the way the supervised training 15
is delivered. 16
17
Examples of ways supervised training can be delivered--
18
Block release, day release, workplace-delivered training or correspondence.
`(3) Despite subsection (1), wages are not payable for time spent by an 19
apprentice or trainee undertaking supervised training when the apprentice or 20
trainee is-- 21
(a) a school-based apprentice or trainee; or 22
(b) the subject of a decision of the approving authority under 23
section 162 or 211. 24
`(4) In this section-- 25
"supervised training", for an apprentice or trainee, means training up to 26
the maximum period required, under the Training and Employment 27
Act 2000, to be delivered by a supervising registered training 28
organisation during the apprenticeship or traineeship.'. 29
173
Training and Employment
SCHEDULE 1 (continued)
56. Section 399(1)-- 1
insert-- 2
`(d) remuneration unpaid because a person contravened an order 3
mentioned in section 140A(1).'. 4
57. Section 399-- 5
insert-- 6
`(7) In this section-- 7
"employee" includes a student to whom an order made under 8
section 140A38 applies. 9
"employer" includes an employer to whom an order made under 10
section 140A applies.'. 11
58. Section 400(1)(b), `138(5)'-- 12
omit, insert-- 13
`138(9)'. 14
59. Section 400(1)(d)-- 15
omit, insert-- 16
`(d) remuneration lost by an apprentice or trainee because the 17
employer contravened section 391(2);39 or 18
(e) remuneration unpaid because a person contravened an order 19
mentioned in section 140A(1); or 20
(f) costs in proceedings relating to unpaid amounts mentioned in 21
paragraphs (a) to (e).'. 22
38 Section 140A (Vocational placement)
39 Section 391 (Wages etc. to be paid without deduction)
174
Training and Employment
SCHEDULE 1 (continued)
60. Section 400-- 1
insert-- 2
`(5) In this section-- 3
"employer" includes an employer to whom an order made under 4
section 140A40 applies.'. 5
61. Section 409, definitions "employee organisation" and "employer 6
organisation"-- 7
omit. 8
62. Section 420(1)(b)(iii)-- 9
omit. 10
63. Section 445(c)-- 11
omit, insert-- 12
`(c) that a person ("eligible member") may vote in the ballot only if 13
the person was a financial member of the organisation on a stated 14
day during the period-- 15
(i) starting no earlier than 60 days before the opening time for 16
nominations; and 17
(ii) ending no later than 30 days before the opening time;'. 18
64. Section 458, `1 year'-- 19
omit, insert-- 20
`2 years'. 21
40 Section 140A (Vocational placement)
175
Training and Employment
SCHEDULE 1 (continued)
65. Section 474(2)-- 1
omit. 2
66. Section 666(1), `employee's wages under a relevant industrial 3
instrument or permit'-- 4
omit, insert-- 5
`employee's wages payable under a relevant industrial instrument or 6
permit or under section 136'. 7
67. Section 666-- 8
insert-- 9
`(8) In this section-- 10
"employee" includes a student to whom an order made under section 140A 11
applies.41 12
"wages" includes-- 13
(a) remuneration payable to an apprentice or trainee under 14
section 391(2); and 15
(b) remuneration payable under an order made under section 140A.'. 16
68. Section 673, heading, before `368'-- 17
insert-- 18
`138,'. 19
69. Section 673(1), before `368'-- 20
insert-- 21
`138,'. 22
41 Section 140A (Vocational placement)
176
Training and Employment
SCHEDULE 1 (continued)
70. Section 683(7), `under section 406'-- 1
omit, insert-- 2
`against section 138, 406'. 3
71. Section 686(2)(b) to (e)-- 4
omit, insert-- 5
`(b) section 13(2)(a); 6
(c) section 15(4); 7
(d) section 46(1); 8
(e) section 366(1)(c)(iii).'. 9
72. Sections 695(4), `immediately'-- 10
omit, insert-- 11
`promptly'. 12
73. Section 696(4) and (5)-- 13
omit, insert-- 14
`(4) On receiving an application, the registrar must promptly notify the 15
secretary of an employee organisation in the calling of-- 16
(a) the application; and 17
(b) the time when the commission will hear any objection to the issue 18
of the permit. 19
`(5) The commission must promptly hear any objection to the issue of 20
the permit from the organisation's authorised representative.'. 21
177
Training and Employment
SCHEDULE 1 (continued)
74. Section 696(6), `An'-- 1
omit, insert-- 2
`The'. 3
75. Section 709(2)(g) and (h)-- 4
renumber as section 709(2)(h) and (i). 5
76. Section 709(2)(f)-- 6
omit, insert-- 7
`(f) regulating the conduct of persons, other than lawyers, 42 who act 8
for parties in an industrial cause; and 9
(g) regulating the conduct of persons, other than lawyers, who appear 10
in proceedings-- 11
(i) in the court; or 12
(ii) before the commission or registrar; and'. 13
77. Section 711(5), `1 July'-- 14
omit, insert-- 15
`31 December'. 16
78. Schedule 2, section 2-- 17
insert-- 18
`(5) For the purposes of the pensions Act, the salary of a chief 19
commissioner who retired before 2 August 1999 is the salary payable to the 20
vice president.'. 21
42 See the Acts Interpretation Act 1958, section 36 for the definition of lawyer.
178
Training and Employment
SCHEDULE 1 (continued)
79. Schedule 5, definitions "apprentice", "apprenticeship", "approving 1
authority", "employee organisation", "employer organisation", "group 2
training scheme", "ordinary rate", "State Training Council", 3
"trainee", "traineeship" and "training agreement"-- 4
omit. 5
80. Schedule 5-- 6
insert-- 7
` "apprentice" see the Training and Employment Act 2000, section 9.43 8
"apprenticeship" see the Training and Employment Act 2000, section 7. 9
"approving authority" means the Training and Employment Board under 10
the Training and Employment Act 2000, section 146. 11
"employee organisation" means an organisation of employees. 12
"employer organisation" means an organisation of employers. 13
"group training organisation" means a corporation recognised by the 14
Training and Employment Board as a group training organisation 15
under the Training and Employment Act 2000. 16
"host employer" means a person who contracts with a group training 17
organisation for the training of apprentices and trainees. 18
"labour market program" means a labour market program approved by 19
the Minister. 20
"ordinary rate", for an employee under an industrial instrument, means 21
the rate that the instrument states is payable for ordinary time. 22
43 The Training and Employment Act 2000, section 9, defines `apprentice' as
follows--
An employee who is being trained in an apprenticeship is an "apprentice" if--
(a) an apprenticeship contract for the apprenticeship has been signed by the
parties to the contract, whether or not the contract has been registered
under this Act; or
(b) the probationary period for the apprenticeship has not ended.
179
Training and Employment
SCHEDULE 1 (continued)
"school-based apprentice or trainee" means an apprentice or trainee 1
who-- 2
(a) is a student studying at a secondary school or tertiary institution; 3
and 4
(b) has entered into an arrangement about the apprenticeship or 5
traineeship with the school or institution and the employer. 6
"trainee" see the Training and Employment Act 2000, section 10.44 7
"traineeship" see the Training and Employment Act 2000, section 8. 8
"training contract" means-- 9
(a) for an apprentice--an apprenticeship contract; or 10
(b) for a trainee--a traineeship contract. 11
"Training Recognition Council" means the Training Recognition Council 12
established under the Training and Employment Act 2000, 13
section 167.'. 14
81. Schedule 5, definition "young employee", `Vocational Education, 15
Training and Employment Act 1991'-- 16
omit, insert-- 17
`Training and Employment Act 2000'. 18
19
44 The Training and Employment Act 2000, section 10, defines `trainee' as follows--
An employee who is being trained in a traineeship is a "trainee" if--
(a) a traineeship contract has been signed by the parties to the contract,
whether or not the contract has been registered under this Act; or
(b) the probationary period for the traineeship has not ended.
180
Training and Employment
SCHEDULE 2 1
¡
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS 2
section 293 3
AGRICULTURAL COLLEGES ACT 1994 4
´
1. Section 3, definitions "agricultural college" and "State college"-- 5
omit. 6
2. Section 3-- 7
insert-- 8
` "agricultural college" means a registered training organisation that is-- 9
(a) operated by the State; and 10
(b) declared by the Minister under section 4 to be an agricultural 11
college. 12
"registered training organisation" see the Training and Employment Act 13
2000, section 14.45 14
"TAFE institute" see the Training and Employment Act 2000, 15
section 191.46'. 16
45 The Training and Employment Act 2000, section 14, defines `registered training
organisation' as follows--
"registered training organisation", is a training organisation that is registered to
provide--
(a) training services; or
(b) recognition services.
46 The Training and Employment Act 2000, section 191, defines `TAFE institute' as
follows--
"TAFE institute", is an institution operated by the State that provides vocational
education and training.
181
Training and Employment
SCHEDULE 2 (continued)
3. Section 3, definition "accredited", `Vocational Education, Training 1
and Employment Act 1991'-- 2
omit, insert-- 3
`Training and Employment Act 2000'. 4
4. Section 4(1), `State college'-- 5
omit, insert-- 6
`registered training organisation operated by the State'. 7
5. Section 4(2), `State college'-- 8
omit, insert-- 9
`registered training organisation'. 10
6. Section 5-- 11
omit. 12
7. Section 8(2)(j), from `State' to `colleges)'-- 13
omit, insert-- 14
`TAFE institute under the Training and Employment Act 2000, 15
section 217'. 16
8. Section 13(3), `a State college'-- 17
omit, insert-- 18
`an agricultural college or TAFE institute'. 19
182
Training and Employment
SCHEDULE 2 (continued)
9. Section 39(2), from `Corporation' to `1991'-- 1
omit, insert-- 2
`State'. 3
10. Section 39(3) and (4), `Corporation'-- 4
omit, insert-- 5
`State'. 6
ANTIDISCRIMINATION ACT 1991 7
´
1. Section 4, definition "work", paragraph (ea)-- 8
omit, insert-- 9
`(ea) work under a vocational placement under the Training and 10
Employment Act 2000; and'. 11
HARITABLE AND NON-PROFIT GAMING ACT 12
´C
1999 13
1. Section 10(5), definition "educational purpose", paragraph (a)(i)-- 14
omit, insert-- 15
`(i) a school, college (including a TAFE institute within the 16
meaning of the Training and Employment Act 2000), 17
university or other educational institution;'. 18
183
Training and Employment
SCHEDULE 2 (continued)
OMMUNITY SERVICES (ABORIGINES) ACT 1984 1
´C
1. Section 59(2)(c), `contracts of apprenticeship'-- 2
omit, insert-- 3
`apprenticeship or traineeship contracts'. 4
OMMUNITY SERVICES (TORRES STRAIT) ACT 5
´C
1984 6
1. Section 57(2)(c), `contracts of apprenticeship'-- 7
omit, insert-- 8
`apprenticeship or traineeship contracts'. 9
RIMINAL CODE 10
´C
1. Sections 287 and 325-- 11
omit. 12
RIMINAL LAW (REHABILITATION OF 13
´C
OFFENDERS) ACT 1986 14
1. Section 9A(1), table, column 1, item 7, ` in which the Vocational 15
Education, Training and Employment Act 1991'-- 16
omit, insert-- 17
` in which the Training and Employment Act 2000'. 18
184
Training and Employment
SCHEDULE 2 (continued)
2. Section 9A(1), table, column 1, item 7(d), `State college under the 1
Vocational Education, Training and Employment Act 1991'-- 2
omit, insert-- 3
` TAFE institute under the Training and Employment Act 2000'. 4
DENTAL TECHNICIANS AND DENTAL 5
´
PROSTHETISTS ACT 1991 6
1. Section 25(1)(b)(i) and (2)(b)(i), `Employment, Vocational Education 7
and Training Act 1988'-- 8
omit, insert-- 9
`Training and Employment Act 2000'. 10
EDUCATION (SCHOOL CURRICULUM P--10) ACT 11
´
1996 12
1. Section 16(2)(g), `Vocational Education, Training and Employment 13
Commission'-- 14
omit, insert-- 15
`Training and Employment Board established under the Training and 16
Employment Act 2000'. 17
2. Schedule 3, definition "Vocational Education Minister", `Vocational 18
Education, Training and Employment Act 1991'-- 19
omit, insert-- 20
`Training and Employment Act 2000'. 21
185
Training and Employment
SCHEDULE 2 (continued)
EDUCATION (SENIOR SECONDARY SCHOOL 1
´
STUDIES) ACT 1988 2
1. Section 4, definition "State college"-- 3
omit. 4
2. Section 4-- 5
insert-- 6
` "agricultural college" see Agricultural Colleges Act 1994, section 3.47 7
"registered training organisation" see the Training and Employment Act 8
2000, section 14.48 9
"TAFE institute" see the Training and Employment Act 2000, 10
section 191.49'. 11
3. Section 4, definition "higher education", from `other than' to 12
`technical and further education colleges'-- 13
omit, insert-- 14
47 The Agricultural Colleges Act 1994, section 3, defines `agricultural college' as
follows--
"agricultural college" means a State college that is declared to be an agricultural
college.
48 The Training and Employment Act 2000, section 14, defines `registered training
organisation' as follows--
"registered training organisation", is a training organisation that is registered to
provide--
(a) training services; or
(b) recognition services.
49 The Training and Employment Act 2000, section 191, defines `TAFE institute' as
follows--
"TAFE institute", is an institution operated by the State that provides vocational
education and training.
186
Training and Employment
SCHEDULE 2 (continued)
`other than vocational education, and includes advanced education 1
courses offered in registered training organisations'. 2
4. Section 4, definition "recorded subject", `State college'-- 3
omit, insert-- 4
`agricultural college, TAFE institute'. 5
5. Section 4, definitions "vocational education" and "Vocational 6
Education Minister", `Vocational Education, Training and 7
Employment Act 1991'-- 8
omit, insert-- 9
`Training and Employment Act 2000'. 10
6. Section 5(3)(d), `Vocational Education, Training and Employment 11
Commission'-- 12
omit, insert-- 13
`Training and Employment Board established under the Training and 14
Employment Act 2000'. 15
7. Sections 6(1)(h) and 44, `Vocational Education, Training and 16
Employment Act 1991, section 26'-- 17
omit, insert-- 18
`Training and Employment Act 2000, section 18650'. 19
50 Training and Employment Act 2000, section 186 (Delegation by council)
187
Training and Employment
SCHEDULE 2 (continued)
DUCATION (TEACHER REGISTRATION) ACT 1988 1
´E
1. Section 2, definition "higher education", from `other than' to 2
`technical and further education colleges'-- 3
omit, insert-- 4
`other than vocational education, and includes advanced education 5
courses offered in registered training organisations'. 6
DUCATION (TERTIARY ENTRANCE 7
´E
PROCEDURES AUTHORITY) ACT 1990 8
1. Sections 5(1)(d) and 6(1)(f)(v), `Vocational Education, Training and 9
Employment Act 1991'-- 10
omit, insert-- 11
`Training and Employment Act 2000'. 12
2. Section 5(1)(d), `technical and further education'-- 13
omit, insert-- 14
`vocational education'. 15
DUCATION (WORK EXPERIENCE) ACT 1996 16
´E
1. Section 5(1)(f) and (g)-- 17
omit, insert-- 18
`(f) if the student is enrolled in an agricultural college under the 19
Agricultural Colleges Act 1994 or a TAFE institute under the 20
Training and Employment Act 2000--the college or institute; and 21
188
Training and Employment
SCHEDULE 2 (continued)
(g) if the student is enrolled in a training organisation registered under 1
the Training and Employment Act 2000--the organisation; and'. 2
2. Section 11-- 3
omit, insert-- 4
`Work experience in restricted callings 5
`11.(1) The Training and Employment Act 2000, section 89, 51 does not 6
apply to work experience in restricted callings. 7
`(2) In this section-- 8
"restricted calling" means a calling declared to be a restricted calling under 9
the Training and Employment Act 2000, section 89(1).'. 10
PUBLIC SECTOR ETHICS ACT 1994 11
´
1. Schedule, definition "State college"-- 12
omit. 13
2. Schedule-- 14
insert-- 15
` "TAFE institute" see the Training and Employment Act 2000, 16
section 191.52'. 17
51 Training and Employment Act 2000, section 89 (Restricted callings)
52 The Training and Employment Act 2000, section 191, defines `TAFE institute' as
follows--
"TAFE institute", is an institution operated by the State that provides vocational
education and training.
189
Training and Employment
SCHEDULE 2 (continued)
3. Schedule, definition, "public sector entity" paragraph (e), `State 1
college'-- 2
omit, insert-- 3
`TAFE institute'. 4
SEWERAGE AND WATER SUPPLY ACT 1949 5
´
1. Sections 7AA(1)(b) and 16(2)(b), `Vocational Education, Training 6
and Employment Act 1991'-- 7
omit, insert-- 8
`Training and Employment Act 2000'. 9
HISTLEBLOWERS PROTECTION ACT 1994 10
´W
1. Schedule 5, section 2(1)(h), `State college'-- 11
omit, insert-- 12
`TAFE institute'. 13
2. Schedule 6, definition "State college"-- 14
omit. 15
190
Training and Employment
SCHEDULE 2 (continued)
3. Schedule 6-- 1
insert-- 2
` "TAFE institute" see the Training and Employment Act 2000, 3
section 191.53'. 4
WORKCOVER QUEENSLAND ACT 1996 5
´
1. Section 24(1)(c), `the college attended by an industry placement 6
student'-- 7
omit, insert-- 8
`a registered training organisation attended by a vocational placement 9
student'. 10
2. Section 24(2), `industry placement'-- 11
omit, insert-- 12
`vocational placement'. 13
3. Section 24(4), definitions "college" and "industry placement 14
student"-- 15
omit. 16
4. Section 24(4)-- 17
insert-- 18
53 The Training and Employment Act 2000, section 191, defines `TAFE institute' as
follows--
"TAFE institute", is an institution operated by the State that provides vocational
education and training.
191
Training and Employment
SCHEDULE 2 (continued)
` "registered training organisation" see the Training and Employment 1
Act 2000, section 14.54 2
"vocational placement" see the Training and Employment Act 2000, 3
section 17.55'. 4
5. Schedule 2, part 1, item 6, `scheme'-- 5
omit, insert-- 6
`organisation'. 7
6. Schedule 2A, item 2, `scheme'-- 8
omit, insert-- 9
`organisation'. 10
7. Schedule 3, definition "contract of service", `an apprenticeship 11
agreement'-- 12
omit, insert-- 13
`an apprenticeship contract or traineeship contract under the Training and 14
Employment Act 2000'. 15
54 The Training and Employment Act 2000, section 14, defines `registered training
organisation' as follows--
"registered training organisation", is a training organisation that is registered to
provide--
(a) training services; or
(b) recognition services.
55 The Training and Employment Act 2000, section 17, defines `vocational
placement' as follows--
"vocational placement", for a student, is the placement under a vocational
placement agreement of the student in a work environment with a placement
person who agrees to deliver to the student the training stated in the training
plan for the placement.
192
Training and Employment
SCHEDULE 2 (continued)
8. Schedule 3, definition "group training scheme"-- 1
omit, insert-- 2
` "group training organisation" means a group training organisation 3
under the Training and Employment Act 2000.'. 4
ORKERS' ACCOMMODATION ACT 1952 5
´W
1. Section 4, heading-- 6
omit, insert-- 7
`Definitions'. 8
2. Section 4, definition "worker"-- 9
omit, insert-- 10
` "worker " means a person performing work under-- 11
(a) a contract of service; or 12
(b) an apprenticeship contract or a traineeship contract under the 13
Training and Employment Act 2000.'. 14
WORKPLACE HEALTH AND SAFETY ACT 1995 15
´
1. Section 10(3), `scheme'-- 16
omit, insert-- 17
`organisation'. 18
2. Section 10(4), definitions "apprentice", "group training scheme" 19
and "trainee"-- 20
omit. 21
193
Training and Employment
SCHEDULE 2 (continued)
3. Section 10(4)-- 1
insert-- 2
` "apprentice" means an apprentice under the Training and Employment 3
Act 2000. 4
"group training organisation" means a group training organisation under 5
the Training and Employment Act 2000. 6
"trainee" means a trainee under the Training and Employment Act 2000.'. 7
4. Section 10(4), definition "host employer", `scheme'-- 8
omit, insert-- 9
`organisation'. 10
11
194
Training and Employment
SCHEDULE 3 1
¡
DICTIONARY 2
section 6 3
"accredited" means accredited under this Act. 4
"advertisement" includes circular, notice, sign and matter that is not in 5
writing but which conveys a message because of the form or context in 6
which it appears. 7
"appointed members", for chapter 6, part 2, division 2, see section 196. 8
"apprentice" see section 9. 9
"apprenticeship" see section 7. 10
"apprenticeship contract" see section 11. 11
"approved arrangement", for chapter 9, part 1, division 2, means an 12
arrangement approved by the Minister under section 252(4). 13
"approved form" see section 190. 14
"approved guideline" means a guideline approved by the Minister under 15
section 166. 16
"board" means the Training and Employment Board established under 17
section 146. 18
"calling" means-- 19
(a) a craft, manufacture, occupation, trade, undertaking or vocation; 20
or 21
(b) a section of something mentioned in paragraph (a). 22
"commission", for chapter 10, part 3, see section 295. 23
"completion agreement" see section 73. 24
"completion certificate" means a certificate issued by the council stating 25
that the person named in the certificate has successfully completed the 26
apprenticeship or traineeship stated in the certificate. 27
195
Training and Employment
SCHEDULE 3 (continued)
"convicted" means a finding of guilt, or the acceptance of a plea of guilt, by 1
a court, whether or not a conviction is recorded. 2
"corporation", for chapter 10, part 3, see section 295. 3
"corresponding law" means a law of another State about vocational 4
education and training that corresponds with this Act. 5
"council" means the Training Recognition Council established under 6
section 167. 7
"course"-- 8
(a) generally--means a structured approach to the development and 9
attainment of skills and knowledge; or 10
(b) for chapter 4--see section 107. 11
"deliver" includes arrange to deliver. 12
"employee" see Industrial Relations Act 1999, section 5. 13
"employee organisation" means an organisation of employees. 14
"employer" see Industrial Relations Act 1999, section 6. 15
"employer organisation" means an organisation of employers. 16
"executive officer", of a corporation, means a person who is concerned 17
with, or takes part in, the corporation's management, whether or not 18
the person is a director or the person's position is given the name of 19
executive officer. 20
"former body", for chapter 10, part 3, see section 295. 21
"former industry placement Act", for chapter 10, part 3, see section 295. 22
"former VETE Act" means the repealed Vocational Education, Training 23
and Employment Act 1991. 24
"group training organisation" means a corporation recognised by the 25
board as group training organisation. 26
"guideline" includes criteria. 27
"industrial body", for chapter 10, part 3, see section 295. 28
196
Training and Employment
SCHEDULE 3 (continued)
"industrial registrar" means the industrial registrar under the Industrial 1
Relations Act 1999. 2
"industrial registry" means the industrial registry under the Industrial 3
Relations Act 1999. 4
"industry training advisory body" means a corporation recognised by the 5
board as an industry training advisory body. 6
"information notice", for a decision of the ombudsman, the board or the 7
council, means a signed notice stating the following-- 8
(a) the decision; 9
(b) the reasons for the decision; 10
(c) the day the decision has effect; 11
(d) for a decision other than a decision of the ombudsman, the person 12
to whom the notice is given may appeal the decision within 13
21 days. 14
"misconduct", for chapter 3, part 1, division 5, see section 70. 15
"national training system of qualifications" means a training system 16
that-- 17
(a) is endorsed by the Minister, the Ministers administering 18
corresponding laws of other States and the Commonwealth 19
Minister responsible for vocational education and training; and 20
(b) applies nationally; and 21
(c) may contain-- 22
(i) a competencies framework; or 23
(ii) an assessment framework; or 24
(iii) a qualifications framework. 25
"new training contract", for chapter 10, part 3, see section 295. 26
"nominal term" see section 49. 27
"obstruct" includes hinder, interfere with, resist and attempt to obstruct. 28
197
Training and Employment
SCHEDULE 3 (continued)
"ombudsman" means the apprenticeship and traineeship ombudsman 1
appointed under section 133. 2
"parent" includes guardian and each person who is liable to maintain, or 3
has the care and control of, a minor. 4
"placement person" means an employer who has signed a vocational 5
placement agreement with-- 6
(a) if the agreement is signed under section 116(1)--the registered 7
training organisation and the student; or 8
(b) if the agreement is signed under section 116(2)(a)--the registered 9
training organisation. 10
"probationary period", for an apprenticeship or traineeship, means the 11
period decided by the council under section 50 as the probationary 12
period for the apprenticeship or traineeship. 13
"prohibited employer" means an employer declared to be a prohibited 14
employer under section 83. 15
"publish", for an advertisement-- 16
(a) means publish the advertisement in any way and includes 17
publishing it in any of the following ways-- 18
(i) in a newspaper or periodical; 19
(ii) by radio or television, on the internet or in another electronic 20
way; 21
(iii) in a film or video recording; 22
(iv) by a circular, notice or sign; and 23
(b) includes cause to be published. 24
"purchaser" see section 82. 25
"qualification" means a certification recognising a person has achieved 26
learning outcomes identified-- 27
(a) in a national training system of qualifications or an accredited 28
course; and 29
198
Training and Employment
SCHEDULE 3 (continued)
(b) in the system or course as being relevant to community, 1
individual, industry or professional needs. 2
"reasonably believes" means believes on grounds that are reasonable in all 3
the circumstances. 4
"recognition certificate" see section 182. 5
"recognition services" means-- 6
(a) the recognition of skills and knowledge; or 7
(b) the assessment of skills and knowledge; or 8
(c) the issue of qualifications or statements of attainment. 9
"referrable matter" see section 134. 10
"registered" means registered under this Act. 11
"registered training contract" means a training contract registered under 12
section 54. 13
"registered training organisation" see section 14. 14
"relevant particulars" see section 16. 15
"replacement day", for chapter 3, part 2, see section 95. 16
"restricted calling" means a calling declared by the council to be restricted 17
calling under section 89. 18
"statement of attainment" means a certification recognising that a person 19
has achieved 1 or more of the learning outcomes identified for a 20
particular qualification or accredited course. 21
"State Training Council", for chapter 10, part 3, see section 295. 22
"student" means a person undertaking a course at a registered training 23
organisation. 24
"supervising registered training organisation" see section 15. 25
"TAFE institute" see section 191. 26
"trainee" see section 10. 27
"traineeship" see section 8. 28
199
Training and Employment
SCHEDULE 3 (continued)
"traineeship contract" see section 12. 1
"training contract" means-- 2
(a) for an apprentice--an apprenticeship contract; or 3
(b) for a trainee--a traineeship contract. 4
"training organisation" means a person or an organisation providing, or 5
offering to provide, training or assessment of skills and knowledge. 6
"training plan"-- 7
(a) for an apprentice or trainee--see section 13(1); or 8
(b) for a student under a vocational placement--see section 13(2). 9
"training services" means-- 10
(a) the delivery of training; or 11
(b) the assessment or recognition of skills and knowledge; or 12
(c) the issue of qualifications or statements of attainment. 13
"trust property", for chapter 9, part 1, division 2, see section 252. 14
"vocational placement"-- 15
(a) generally--see section 17; or 16
(b) for chapter 4--see section 107. 17
"vocational placement agreement" means an agreement in the approved 18
form for the vocational placement of a student. 19
"working day", for an employee, means a day on which the employee 20
normally performs work. 21
22
© State of Queensland 2000
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