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Queensland
TRAINING REFORM BILL 2003
Queensland
TRAINING REFORM BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF TRAINING AND EMPLOYMENT
ACT 2000
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4 Replacement of title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Replacement of s 1 (Short title). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
6 Amendment of s 3 (Objectives). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Amendment of s 7 (What is an "apprenticeship"). . . . . . . . . . . . . . . . . . . . . 12
8 Amendment of s 8 (What is a "traineeship") . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Replacement of ch 2 (Training organisations) . . . . . . . . . . . . . . . . . . . . . . . 13
CHAPTER 2--TRAINING ORGANISATIONS
PART 1--PRELIMINARY
18 Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Definitions for ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 2--NATIONAL REGISTRATION
20 National register and national effect of registration. . . . . . . . . . . . . . 17
PART 3--REGISTERED TRAINING ORGANISATIONS
Division 1--Requirement for registration
21 Offence to falsely claim to be a registered training organisation. . . . 17
Division 2--Registration activities in this jurisdiction
22 Registration and scope of registration . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Applying in this jurisdiction for registration . . . . . . . . . . . . . . . . . . . 19
2
Training Reform Bill 2003
24 Decision about registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Suitability for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Registration conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Condition--continued suitability for registration . . . . . . . . . . . . . . . 23
28 Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Amending registration on application by registered training
organisation ......................................... 23
30 Removal of registered details on registration expiry or
on application ..................................... 24
31 Procedure for amending, suspending or cancelling registration . . . . 24
32 Amending, suspending or cancelling registration without
application on particular grounds . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Cancelling registration on change of business operations . . . . . . . . . 28
34 Effect of suspension of registration of training organisation . . . . . . . 28
35 Return of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
36 Council to register amendment, suspension or cancellation . . . . . . . 29
Division 3--Audit powers
37 Audit of training organisation registered by the council . . . . . . . . . . 29
38 Audit of training organisation registered by another registering
body ........................................... 30
39 Conduct of audit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Powers not limited by compliance audit provisions . . . . . . . . . . . . . 31
Division 4--Other powers
41 Function or power may be used to support national scheme . . . . . . . 31
42 Information may be made available to other registering bodies . . . . 32
Division 5--Other provisions
43 Issuing qualifications and statements of attainment . . . . . . . . . . . . . 32
44 Assessment of skills or knowledge by registered training
organisation ...................................... 33
45 Cancellation of qualification or statement of attainment . . . . . . . . . . 33
PART 4--ACCREDITED COURSES
Division 1--Requirement for accreditation
46 Offence of falsely claiming to provide an accredited course. . . . . . . 34
Division 2--Course accreditation activities in this jurisdiction
3
Training Reform Bill 2003
47 Applying in this jurisdiction for accreditation . . . . . . . . . . . . . . . . . . 35
47A Decision about accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
47B Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
47C Term of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
47D Procedure for amending accreditation . . . . . . . . . . . . . . . . . . . . . . . . 36
47E Cancellation of accreditation on application . . . . . . . . . . . . . . . . . . . 36
47F Amendment or cancellation of accreditation without application . . . 36
47G Reassessment of accredited course . . . . . . . . . . . . . . . . . . . . . . . . . . 36
47H Council to give notice of decision and register amendment or
cancellation ........................................ 36
47I Return of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
47J Expiry of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
10 Amendment of s 24 (Decision about registration) . . . . . . . . . . . . . . . . . . . . 37
11 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
27A Condition--compulsory participation phase . . . . . . . . . . . . . . . . . . . 38
12 Amendment of s 57 (Amending or assigning registered training contract) . 38
13 Amendment of s 59 (Statutory assignment or cancellation of registered
training contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
14 Omission of s 60 (Reinstatement in previous position). . . . . . . . . . . . . . . . . 38
15 Replacement of s 64 (Cancellation for serious misconduct). . . . . . . . . . . . . 39
64 Suspension and cancellation for serious misconduct. . . . . . . . . . . . . 39
16 Amendment of s 66 (Cancelling registration of training contract) . . . . . . . . 43
17 Amendment of s 70 (Definition for div 5). . . . . . . . . . . . . . . . . . . . . . . . . . . 43
18 Amendment of s 77 (Delayed completion of registered training contract) . . 44
19 Amendment of s 78 (Cancellation or completion of registered training
contract terminates employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
20 Amendment of s 83 (Prohibited employers) . . . . . . . . . . . . . . . . . . . . . . . . . 44
21 Amendment of s 86 (Temporary stand down under registered training
contract) ................................................ 44
22 Insertion of new ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
CHAPTER 3A--SPECIAL PROVISIONS TO COMPLEMENT
COMPULSORY PARTICIPATION PHASE
106A Relationship with other legislation . . . . . . . . . . . . . . . . . . . . . . . . . . 45
106B Ministerial declaration `Stepping forward: improving pathways
for all young people' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
4
Training Reform Bill 2003
23 Insertion of new s 106C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
106C Chief executive to ensure diversity and accessibility of employment
skills development programs ......................... 46
24 Amendment of ch 5, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 1--TRAINING OMBUDSMAN'.
25 Amendment of s 133 (Appointing apprenticeship and traineeship
ombudsman) ............................................ 46
26 Amendment of s 134 (Functions of ombudsman) . . . . . . . . . . . . . . . . . . . . . 46
27 Amendment and relocation of ch 5, pt 1, div 2, hdg . . . . . . . . . . . . . . . . . . . 47
28 Renumbering of ch 5, pt 1, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
29 Insertion of new ch 5, pt 1, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 3--Reviewing decisions about employment exemptions
141A Who may apply for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
141B How to apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
141C Council to provide material to ombudsman. . . . . . . . . . . . . . . . . . . . 48
141D Ombudsman to review decision and report findings . . . . . . . . . . . . . 48
30 Amendment of s 145 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
31 Amendment of s 147 (Board's functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
32 Amendment of s 149 (Board membership) . . . . . . . . . . . . . . . . . . . . . . . . . . 50
33 Amendment of s 165 (Report on board's operations) . . . . . . . . . . . . . . . . . . 50
34 Amendment of ch 5, pt 3, hdg (Training recognition council) . . . . . . . . . . . 50
35 Amendment of s 167 (Establishment of council) . . . . . . . . . . . . . . . . . . . . . 50
36 Replacement of s 168 (Council's functions) . . . . . . . . . . . . . . . . . . . . . . . . . 50
168 Council's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
37 Amendment of s 168 (Council's functions) . . . . . . . . . . . . . . . . . . . . . . . . . 52
38 Amendment of s 169 (Council subject to Minister and board) . . . . . . . . . . . 52
39 Amendment of s 170 (Council membership) . . . . . . . . . . . . . . . . . . . . . . . . 52
40 Insertion of new ch 5, pt 3, divs 5A and 5B . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 5A--Deciding employment exemptions
183A Application for employment exemption . . . . . . . . . . . . . . . . . . . . . . 53
183B Decision about employment exemption. . . . . . . . . . . . . . . . . . . . . . . 53
183C Amending or cancelling employment exemption . . . . . . . . . . . . . . . 54
5
Training Reform Bill 2003
Division 5B--Recognising non-departmental employment skills
development programs
183D Council may recognise program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
183E Council must maintain register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
41 Amendment of s 187 (Establishing committees) . . . . . . . . . . . . . . . . . . . . . 56
42 Amendment of s 196 (Composition of TAFE institute council) . . . . . . . . . . 56
43 Amendment of s 211 (Report on TAFE institute council's operations) . . . . 56
44 Amendment of s 217 (Chief executive's functions for TAFE institutes). . . . 57
45 Amendment of ch 8, pt 1 hdg (Training recognition decisions) . . . . . . . . . . 57
46 Amendment of s 224 (Appeal to Magistrates Court) . . . . . . . . . . . . . . . . . . 57
47 Amendment of s 230 (Appeal to industrial commission against council
or other decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
48 Amendment of s 291 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 59
49 Amendment of ch 10, hdg (Amendments, repeals and transitional provisions) 59
50 Renumbering of ch 10, pt 2 (Repeals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
51 Amendment of ch 10, pt 3, hdg (Transitional provisions). . . . . . . . . . . . . . . 59
52 Insertion of new ch 10, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PART 3--TRANSITIONAL PROVISIONS FOR TRAINING REFORM
ACT 2003
Division 1--General transitional provisions
317 References to Training and Employment Act 2000 . . . . . . . . . . . . . . 60
318 Apprenticeship and traineeship ombudsman . . . . . . . . . . . . . . . . . . . 60
319 Training Recognition Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
320 Amending or assigning registered training contract . . . . . . . . . . . . . 61
321 Appeal to industrial commission against council or other decision . 61
322 Amendment of subordinate legislation by Act does not affect power
of Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2--Transitional provisions for training organisations
323 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
324 Details on register on commencement. . . . . . . . . . . . . . . . . . . . . . . . 62
325 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
326 Contravention of registration condition . . . . . . . . . . . . . . . . . . . . . . . 63
327 Return of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
328 Show cause notice issued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
6
Training Reform Bill 2003
329 Issuing qualifications and statements of attainment . . . . . . . . . . . . . 64
330 Assessment of skills or knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . 64
331 Return of qualification or statement of attainment . . . . . . . . . . . . . . 64
332 Application for course accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 65
333 Amendment or cancellation of accreditation without application . . . 65
53 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
54 Insertion of new attachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
ATTACHMENT
MINISTERIAL DECLARATION `STEPPING FORWARD: IMPROVING
PATHWAYS FOR ALL YOUNG PEOPLE'
PART 3--AMENDMENT OF AGRICULTURAL COLLEGES
ACT 1994
55 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
56 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
4A Ministerial declaration `Stepping forward: improving pathways
for all young people' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
57 Amendment of s 7 (Functions of college board) . . . . . . . . . . . . . . . . . . . . . . 73
58 Amendment of s 13 (Official members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
59 Insertion of new attachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
ATTACHMENT
MINISTERIAL DECLARATION `STEPPING FORWARD: IMPROVING
PATHWAYS FOR ALL YOUNG PEOPLE'
PART 4--CONSEQUENTIAL AMENDMENTS
60 Amended legislation--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 79
AMENDED LEGISLATION
AGRICULTURAL COLLEGES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . 79
ANTI-DISCRIMINATION ACT 1991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
CHARITABLE AND NON-PROFIT GAMING ACT 1999 . . . . . . . . . . . . 80
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 . . 80
DRUG REHABILITATION (COURT DIVERSION) REGULATION 2000 80
EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS)
ACT 2001 ............................................... 81
EDUCATION (QUEENSLAND STUDIES AUTHORITY) ACT 2002 . . . 81
7
Training Reform Bill 2003
EDUCATION (WORK EXPERIENCE) ACT 1996 . . . . . . . . . . . . . . . . . . 82
ELECTRICAL SAFETY ACT 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
ELECTRICAL SAFETY REGULATION 2002. . . . . . . . . . . . . . . . . . . . . . 83
ENVIRONMENTAL PROTECTION REGULATION 1998. . . . . . . . . . . . 83
HEALTH (DRUGS AND POISONS) REGULATION 1996. . . . . . . . . . . . 83
INDUSTRIAL RELATIONS ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
INDUSTRIAL RELATIONS (TRIBUNALS) RULES 2000 . . . . . . . . . . . . 87
PAY-ROLL TAX ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
PROSTITUTION REGULATION 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
PUBLIC SECTOR ETHICS ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
QUEENSLAND BUILDING SERVICES AUTHORITY
REGULATION 1992 ....................................... 89
SEWERAGE AND WATER SUPPLY ACT 1949. . . . . . . . . . . . . . . . . . . . 90
SUPERANNUATION (STATE PUBLIC SECTOR) NOTICE 2000 . . . . . 90
SUPERANNUATION (STATE PUBLIC SECTOR) REGULATION 1996 90
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT)
REGULATION 1995 ....................................... 90
WHISTLEBLOWERS PROTECTION ACT 1994. . . . . . . . . . . . . . . . . . . . 91
WORKERS' ACCOMMODATION ACT 1952 . . . . . . . . . . . . . . . . . . . . . . 92
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 . . 92
WORKPLACE HEALTH AND SAFETY ACT 1995 . . . . . . . . . . . . . . . . . 93
2003
A BILL
FOR
An Act to amend the Training and Employment Act 2000, and for other
purposes
s1 10 s2
Training Reform Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Training Reform Act 2003. 4
2 Commencement
Clause 5
(1) The following provisions commence on 1 January 2006-- 6
· section 71 7
· section 8 2
8
· section 103 9
· section 114 10
· section 235 11
· section 26 6
12
· section 277 13
· section 288 14
· section 299 15
1 Section 7 (Amendment of s 7 (What is an "apprenticeship"))
2 Section 8 (Amendment of s 8 (What is a "traineeship"))
3 Section 10 (Amendment of s 24 (Decision about registration))
4 Section 11 (Insertion of new s 27A)
5 Section 23 (Insertion of new s 106C)
6 Section 26 (Amendment of s 134 (Functions of ombudsman))
7 Section 27 (Amendment and relocation of ch 5, pt 1, div 2, hdg)
8 Section 28 (Renumbering of ch 5, pt 1, div 3)
9 Section 29 (Insertion of new ch 5, pt 1, div 3)
s3 11 s4
Training Reform Bill 2003
· section 31(2)10 1
· section 3711 2
· section 3812 3
· section 4013
4
· section 44(2) and (3)14 5
· section 4615 6
· section 53(7)16 7
· section 57(3) and (5). 17
8
(2) The remaining provisions of this Act commence on a day to be fixed 9
by proclamation. 10
PART 2--AMENDMENT OF TRAINING AND 11
EMPLOYMENT ACT 2000 12
3 Act amended in pt 2
Clause 13
This part amends the Training and Employment Act 2000. 14
4 Replacement of title
Clause 15
Title-- 16
omit, insert-- 17
`An Act to provide for vocational education, training and 18
employment'. 19
10 Section 31 (Amendment of s 147 (Board's functions))
11 Section 37 (Amendment of s 168 (Council's functions))
12 Section 38 (Amendment of s 169 (Council subject to Minister and board))
13 Section 40 (Insertion of new ch 5, pt 3, divs 5A and 5B)
14 Section 44 (Amendment of s 217 (Chief executive's functions for TAFE institutes))
15 Section 46 (Amendment of s 224 (Appeal to Magistrates Court))
16 Section 53 (Amendment of sch 3 (Dictionary))
17 Section 57 (Amendment of s 7 (Functions of college board))
s5 12 s8
Training Reform Bill 2003
5 Replacement of s 1 (Short title)
Clause 1
Section 1-- 2
omit, insert-- 3
`1 Short title 4
`This Act may be cited as the Vocational Education, Training and 5
Employment Act 2000.'. 6
6 Amendment of s 3 (Objectives)
Clause 7
Section 3(f)-- 8
omit, insert-- 9
`(f) to further the commitment by the States, the Territories and the 10
Commonwealth, in partnership with industry, to work together to 11
increase the participation of Australians in an integrated national 12
vocational education and training system that allows for local 13
diversity; and 14
(g) to promote a community commitment towards supporting young 15
people in the compulsory participation phase; and 16
(h) to implement initiatives that are consistent with the ministerial 17
declaration `Stepping forward: improving pathways for all young 18
people.'. 19
7 Amendment of s 7 (What is an "apprenticeship")
Clause 20
Section 7, note-- 21
omit, insert-- 22
23
`Notes--
24
1. The declaration is made under section 183.18
25
2. Without limiting who may undertake an apprenticeship, an apprenticeship may be
26
undertaken by a young person in the compulsory participation phase.'.
8 Amendment of s 8 (What is a "traineeship")
Clause 27
Section 8, note-- 28
18 Section 183 (Declaring apprenticeships or traineeships)
s9 13 s9
Training Reform Bill 2003
omit, insert-- 1
2
`Notes--
3
1. The declaration is made under section 183.
4
2. Without limiting who may undertake a traineeship, a traineeship may be
5
undertaken by a young person in the compulsory participation phase.'.
9 Replacement of ch 2 (Training organisations)
Clause 6
Chapter 2-- 7
omit, insert-- 8
`CHAPTER 2--TRAINING ORGANISATIONS 9
`PART 1--PRELIMINARY 10
`18 Application 11
`Chapter 2 only applies to the provision of training and assessments for 12
qualifications and statements of attainments in relation to vocational 13
education and training. 14
`19 Definitions for ch 2 15
`In this chapter-- 16
"accreditation" includes renewed accreditation. 17
"accredited", for a course, means registered. 18
"amended" includes varied, altered and replaced. 19
"another jurisdiction" means a jurisdiction other than this jurisdiction. 20
"ANTA" means the Australian National Training Authority established 21
under the Commonwealth Act. 22
"ANTA agreement" means the `Agreement' as defined in section 4(1) of 23
the Commonwealth Act. 24
"AQF" means the policy framework entitled `Australian Qualifications 25
Framework' that defines all qualifications (whether as defined under 26
this chapter or otherwise) recognised nationally in education and 27
training within Australia, endorsed by the Ministerial Council on 28
s9 14 s9
Training Reform Bill 2003
Education, Employment, Training and Youth Affairs so as to 1
commence on 1 January 1995 and that policy framework as amended 2
from time to time. 3
"AQTF" means the policy framework entitled `Australian Quality Training 4
Framework' that defines the criteria and standards for the registration 5
of training organisations and the accreditation of courses in the 6
vocational education and training sector as endorsed or amended from 7
time to time by the ministerial council.19 8
"Commonwealth Act" means the Australian National Training Authority 9
Act 1992 (Cwlth). 10
"compliance audit"-- 11
(a) for an audit conducted by the council--means an audit 12
establishing whether the subject of the audit complies with-- 13
(i) the national standards, other than the legislative compliance 14
standard; and 15
(ii) this Act; or 16
(b) for an audit conducted under a corresponding law for this 17
chapter--means a compliance audit within the meaning of the 18
corresponding law. 19
"condition" means any of the following-- 20
(a) a condition on all or some of the operations of a registered 21
training organisation; 22
(b) a restriction. 23
"corresponding law" for this chapter or a provision of this chapter, 24
means-- 25
(a) if a regulation prescribes a law of another jurisdiction as the 26
corresponding law for this definition--the law prescribed under 27
the regulation; or 28
(b) otherwise--a law of another jurisdiction that corresponds to this 29
chapter or the provision of this chapter. 30
"course accrediting body" means the council or an equivalent body in 31
another jurisdiction responsible for the administration of the 32
19 The initial policy framework was endorsed on 8 June 2001.
s9 15 s9
Training Reform Bill 2003
accreditation of courses under that jurisdiction's legislation relating to 1
vocational education and training. 2
"jurisdiction" means Queensland or, if it has enacted a corresponding law 3
for this chapter, another State, the Australian Capital Territory or the 4
Northern Territory. 5
"legislative compliance standard" means the standard included in the 6
national standards requiring that a registered training organisation 7
ensures that compliance with Commonwealth, State and Territory 8
legislation and regulatory requirements relevant to its operations is 9
integrated into its policies and procedures and that compliance is 10
maintained. 11
12
Note--
13
On enactment of this definition, the relevant standard was standard 2 of the national
14
standards.
"ministerial council" means the Council consisting of the Ministers from 15
each State and the Commonwealth responsible for vocational 16
education and training operating in accordance with the ANTA 17
Agreement. 18
"nationally endorsed", for a training package, means endorsed by a 19
committee established by ANTA's members. 20
"national register" see section 20. 21
"national standards" means the standards for registered training 22
organisations. 23
"prohibition" means a prohibition on all or some of the operations of a 24
registered training organisation. 25
"qualification" means formal certification in the vocational education and 26
training sector by a registered training organisation and under the AQF 27
that a person has achieved all the units of competencies or modules 28
comprising learning outcomes stated for the qualification in-- 29
(a) a nationally endorsed training package for which details of the 30
qualification have been registered by ANTA; or 31
(b) an accredited course that provides training for the qualification. 32
"registered" means registered as prescribed under section 20. 33
"registered training organisation" means a person whose details as a 34
training organisation are registered. 35
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Training Reform Bill 2003
"registering body" means the council or an equivalent body in another 1
jurisdiction responsible for the registration of training organisations 2
under that jurisdiction's legislation relating to vocational education 3
and training. 4
"registration" includes renewed registration. 5
"restriction" means a restriction on all or some of the operations of a 6
registered training organisation or a prohibition. 7
"scope of registration", of a training organisation, means its scope of 8
registration as prescribed under section 22(2). 9
"standards for accreditation of courses" means the standards for 10
accreditation of courses as adopted or amended from time to time by 11
the ministerial council under the AQTF.20 12
"standards for registered training organisations" means the standards 13
for registered training organisations as adopted or amended from time 14
to time by the ministerial council under the AQTF.21 15
"standards for State and Territory registering and course accrediting 16
bodies" means the standards for State and Territory registering/ 17
course accrediting bodies as adopted or amended from time to time by 18
the ministerial council under the AQTF.22 19
"statement of attainment" means formal certification in the vocational 20
education and training sector by a registered training organisation 21
under the AQF that a person has achieved-- 22
(a) part of a qualification; or 23
(b) one or more units of competency from a nationally endorsed 24
training package; or 25
(c) all the units of competency or modules comprising learning 26
outcomes for an accredited course that does not meet the 27
requirements for a qualification. 28
"this jurisdiction" means Queensland. 29
"training package" means an integrated set of competency standards and 30
assessment guidelines leading to a qualification for a particular 31
industry, industry sector or enterprise. 32
20 Standards were initially adopted on 8 June 2001.
21 Standards were initially adopted on 8 June 2001.
22 Standards were initially adopted on 8 June 2001.
s9 17 s9
Training Reform Bill 2003
"unit of competency" means a specification of knowledge and skill and 1
their application to a specified standard of performance. 2
"vocational education and training" means the education and training 3
and qualifications and statements of attainment under the vocational 4
education and training provisions of the AQF. 5
`PART 2--NATIONAL REGISTRATION 6
`20 National register and national effect of registration 7
`(1) The "national register" is the National Training Information 8
Service maintained by ANTA to the extent it consists of registered matters. 9
`(2) For subsection (1), a matter is "registered" to the extent details of 10
the matter are recorded-- 11
(a) for the purposes of this chapter--by the council; or 12
(b) for the purposes of a corresponding law--by another registering 13
body or course accrediting body; or 14
(c) for the purposes of this chapter, a corresponding law or a 15
regulation made under either of the laws--by ANTA or another 16
entity. 17
`PART 3--REGISTERED TRAINING ORGANISATIONS 18
`Division 1--Requirement for registration 19
`21 Offence to falsely claim to be a registered training organisation 20
`(1) A person who is not a registered training organisation must not 21
claim to be a registered training organisation. 22
Maximum penalty--80 penalty units. 23
`(2) A person who is not, or not acting for, a registered training 24
organisation operating within the scope of registration of the registered 25
training organisation must not-- 26
(a) issue, or claim to be able to issue, a qualification or statement of 27
attainment; or 28
s9 18 s9
Training Reform Bill 2003
(b) claim to be able to provide training or assessments resulting in 1
the issue of a qualification or statement of attainment. 2
Maximum penalty--80 penalty units. 3
`(3) A person must not claim to be able to provide training resulting in 4
the issue of a qualification or statement of attainment by another person 5
knowing that the other person is not lawfully able to issue the qualification 6
or statement of attainment. 7
Maximum penalty--80 penalty units. 8
`(4) For subsections (1) to (3), a person claims to be a registered training 9
organisation or claims to be able to do a particular thing if the person-- 10
(a) makes that claim; or 11
(b) purports to be a registered training organisation or to be able to 12
do the particular thing; or 13
(c) does any act likely to induce someone else to believe the person 14
is a registered training organisation or is able to do the particular 15
thing. 16
`(5) This section does not apply to a registering body. 17
`Division 2--Registration activities in this jurisdiction 18
`22 Registration and scope of registration 19
`(1) A person may be registered under this chapter as a training 20
organisation that provides, within its scope of registration-- 21
(a) training and assessments resulting in the issue of qualifications or 22
statements of attainment by the organisation; or 23
(b) assessments resulting in the issue of qualifications or statements 24
of attainment by the organisation. 25
`(2) A training organisation's "scope of registration" consists of-- 26
(a) the training or assessments the training organisation is registered 27
to provide; and 28
(b) the qualifications, statements of attainment or units of 29
competency for which the training organisation is registered to 30
provide training or assessments. 31
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`23 Applying in this jurisdiction for registration 1
`(1) A person may apply to the council for registration as a training 2
organisation. 3
`(2) The application must be in the approved form and accompanied by 4
the prescribed fee. 5
`(3) The applicant must give the council any information required by it 6
to decide the application. 7
`24 Decision about registration 8
`(1) On an application for registration, the council may register the 9
applicant as a training organisation, or refuse to do so. 10
`(2) In deciding the application, the council must apply the national 11
standards. 12
`(3) The council must not grant the application unless-- 13
(a) on registration under the application, the applicant will not 14
otherwise be registered as a training organisation by any 15
registering body; and 16
(b) the council considers that the applicant's principal place of 17
business is, or all or most of its operations will be conducted, in 18
this jurisdiction; and 19
(c) the council considers that the applicant complies with the 20
national standards (other than the legislative compliance 21
standard) and this Act. 22
`(4) In considering whether the applicant complies with the national 23
standards (other than the legislative compliance standard) and this Act, the 24
council may, without limiting the matters the council may have regard to, 25
have regard to a compliance audit of the applicant. 26
27
Note--
28
Section 39 prescribes a requirement for an audit mentioned in subsection (4).
`(5) Subsection (3)(c) does not apply to an application, if-- 29
(a) the application is made by a registered training organisation 30
registered by another registering body; and 31
(b) the registered training organisation has received a notice from the 32
other registering body under a corresponding law for section 31; 33
and 34
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Training Reform Bill 2003
(c) the application does not ask for an amendment of the existing 1
scope of registration or registered conditions of the registered 2
training organisation. 3
`(6) Subsections (2) and (3) do not limit the grounds on which the 4
council may decide not to grant the application. 5
6
Note--
7
Section 25 provides an example of additional grounds.
`(7) The council may impose reasonable conditions on the registration of 8
the training organisation to take effect for the period of registration. 9
10
Note--
11
Section 27 deals with the imposition of a condition about continued suitability for
12
registration.
`(8) A condition imposed under subsection (7)-- 13
(a) must apply for all jurisdictions, that is, it may not be limited in 14
effect to a particular place or jurisdiction; and 15
(b) is not limited to matters mentioned in this chapter; and 16
(c) must be consistent with this chapter and the national standards. 17
18
Note--
19
All the conditions to which a registered training organisation is subject under this
20
chapter are listed in section 26.
`(9) If the council decides to grant the application, the registering body 21
must-- 22
(a) register the applicant as a training organisation and the 23
applicant's scope of registration; and 24
(b) if the council imposes a condition under subsection (7)-- 25
(i) give the applicant an information notice for the decision; 26
and 27
(ii) register the condition for the applicant; and 28
(c) give the applicant a certificate of registration. 29
`(10) The council must comply with subsection (9)-- 30
(a) immediately after granting the application; or 31
(b) if the application is a transfer application mentioned in 32
section 33--immediately after the existing registration of the 33
training organisation is cancelled under section 36. 34
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Training Reform Bill 2003
`(11) If the council decides not to grant the application, the council must 1
immediately give the applicant an information notice for its decision. 2
`25 Suitability for registration 3
`(1) Without limiting section 24(6), the council may decide not to grant 4
an application for registration of a training organisation on the ground that 5
the council is not satisfied that the training organisation is suitable for 6
registration. 7
`(2) In considering whether a training organisation is suitable for 8
registration, the council may have regard to-- 9
(a) the prior conduct of the training organisation or an associate of 10
the organisation, whether in this State or elsewhere; and 11
(b) any other matter that the council considers relevant. 12
`(3) For this section, a person is an "associate" of a training organisation 13
if-- 14
(a) they are partners; or 15
(b) they are both trustees or beneficiaries of the same trust, or one is 16
a trustee and the other is a beneficiary of the same trust; or 17
(c) one is a body corporate and the other is a member of the board or 18
committee of management of the body corporate; or 19
(d) one is a body corporate and the other is a person who has a legal 20
or equitable interest in 5% or more of the share capital of the 21
body corporate; or 22
(e) a chain of relationships can be traced between them under any 1 23
or more of the preceding paragraphs. 24
`26 Registration conditions 25
`(1) Registration of a training organisation under section 24 is subject 26
to-- 27
(a) conditions imposed under subsection (2); and 28
(b) registered conditions imposed-- 29
(i) under section 24(7) or 32(2); or 30
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Training Reform Bill 2003
(ii) by another registering body under a corresponding law for 1
section 32(2)(a). 2
`(2) For a training organisation registered under section 24, the following 3
conditions are imposed for the training organisation's period of 4
registration-- 5
(a) the training organisation must comply with requirements stated 6
to apply to a registered training organisation under the national 7
standards; 8
(b) the training organisation must give notice to the council of the 9
following matters immediately after they happen-- 10
(i) any substantial change to the control, management or 11
operations of the training organisation; 12
(ii) any matter the national standards states the training 13
organisation must give notice of to the council; 14
(c) the training organisation-- 15
(i) must submit to any compliance audit conducted by the 16
council under section 37; and 17
(ii) if a particular compliance audit shows the training 18
organisation does not comply with the national standards, 19
other than the legislative compliance standard, or this Act, 20
must take all necessary steps to comply; 21
(d) the training organisation must submit to any compliance audit 22
conducted by another registering body under a corresponding 23
law for section 38; 24
25
Note--
26
Section 39 prescribes a requirement for a compliance audit mentioned in
27
subsection (2)(c) and (d).
(e) the training organisation must not contravene a provision of this 28
chapter or a corresponding law; 29
(f) the training organisation must give to the council any information 30
about any of its operations reasonably required by the council; 31
(g) the training organisation must give to the council any information 32
reasonably required by it relating to a registered condition 33
imposed by the council under section 32; 34
(h) the training organisation must give to another registering body 35
any information reasonably required by the other registering 36
s9 23 s9
Training Reform Bill 2003
body relating to a registered condition imposed by the registering 1
body under a corresponding law for section 32(2)(a). 2
`(3) Conditions mentioned in subsections (1) and (2) to which a training 3
organisation is subject apply in relation to the operations of the training 4
organisation in every jurisdiction, unless the contrary intention appears. 5
`(4) A training organisation must not contravene a condition of its 6
registration. 7
Maximum penalty--80 penalty units. 8
9
Note--
10
For effect on registration of non-compliance with a condition, see section 32(2).
`(5) It is declared that a condition to which a training organisation 11
registered by another registering body is expressed to be subject in this 12
jurisdiction under a corresponding law for subsection (3) has effect for this 13
jurisdiction. 14
`27 Condition--continued suitability for registration 15
`(1) Without limiting the conditions the council may impose on a 16
registered training organisation under section 24(7), the council may 17
impose a condition requiring that the organisation remains suitable for 18
registration. 19
`(2) In considering whether a training organisation remains suitable for 20
registration, the council may have regard to the matters mentioned in 21
section 25(2). 22
`28 Term of registration 23
`Registration may be for a term up to 5 years and may be renewed if 24
application for renewal is made at least 3 months before the registration 25
expires. 26
`29 Amending registration on application by registered training 27
organisation 28
`(1) The council may, on application by a training organisation that was 29
registered by it, amend the training organisation's registered details. 30
s9 24 s9
Training Reform Bill 2003
1
Note--
2
For the procedure to be followed after exercising a power under subsection (1), see
3
section 35.
`(2) If the application is to amend the training organisation's scope of 4
registration or registered conditions-- 5
(a) the application must be in the approved form and accompanied 6
by the prescribed fee; and 7
(b) the training organisation must give the council any information 8
reasonably required by it to decide the application. 9
`(3) For an application mentioned in subsection (2), section 24 applies as 10
if it were an application under the section, subject to the following-- 11
(a) section 24(3)(a) is not relevant; 12
(b) section 24(3)(b) applies in relation to the scope of registration or 13
registered conditions as amended in accordance with the 14
application; 15
(c) section 24(3)(c) applies only in relation to the proposed 16
amendment; 17
(d) section 24(9)(c) does not apply. 18
`30 Removal of registered details on registration expiry or 19
on application 20
`The council must remove from the national register the details of a 21
training organisation registered by it-- 22
(a) if the training organisation's registration expires; or 23
(b) if the training organisation applies to the council to have its 24
registration cancelled and the council grants the application. 25
`31 Procedure for amending, suspending or cancelling registration 26
`(1) Before amending, suspending or cancelling the registration of a 27
training organisation under section 32(2) or 33(2)(b), the council must-- 28
(a) give the training organisation a signed notice to show cause (a 29
"show cause notice"); and 30
(b) consider all representations made within the time to show cause 31
stated in the show cause notice. 32
s9 25 s9
Training Reform Bill 2003
`(2) The show cause notice must state the following-- 1
(a) the action (the "proposed action") the council proposes taking 2
under section 32 or 33; 3
(b) the grounds for the proposed action; 4
(c) an outline of the facts and circumstances that are the basis of the 5
grounds; 6
(d) if the proposed action is to amend the registration, including a 7
condition of registration--the proposed amendment; 8
(e) if the proposed action is to suspend the registration--the 9
proposed maximum suspension period; 10
(f) an invitation to the training organisation to show, within a stated 11
reasonable time, not less than 14 days after the notice is given to 12
the training organisation, why the proposed action should not be 13
taken. 14
`(3) If the council decides to take no further action about the proposed 15
action, the council must give the training organisation signed written notice 16
of the decision. 17
`(4) If the council decides to amend, suspend or cancel the registration-- 18
(a) the council must immediately give the training organisation an 19
information notice for its decision; and 20
(b) any amendment must be the same as the proposed amendment 21
mentioned in the show cause notice unless the training 22
organisation consents to the new amendment; and 23
(c) any suspension must not be for more than the proposed 24
maximum suspension period mentioned in the show cause notice 25
unless the training organisation consents to a longer period; and 26
(d) for an amendment, suspension or cancellation, the decision takes 27
effect on the day the information notice is given to the training 28
organisation, or if a later day is stated in the information notice, 29
the later day. 30
`(5) However, if a condition is imposed under section 27 on the 31
organisation's registration and the council decides to amend, suspend or 32
cancel the registration because the organisation has contravened the 33
condition because of the organisation's conviction for an offence, the 34
decision-- 35
(a) does not take effect until-- 36
s9 26 s9
Training Reform Bill 2003
(i) the time to appeal against the conviction ends without an 1
appeal being made; or 2
(ii) the appeal is finally decided or otherwise ends; and 3
(b) has no effect if the conviction is quashed. 4
`32 Amending, suspending or cancelling registration without 5
application on particular grounds 6
`(1) An object of this section is to ensure that, of all registering bodies, 7
the registering body that registers a training organisation has the primary 8
responsibility to take action against the training organisation if a ground 9
mentioned in subsection (3) arises. 10
`(2) On 1 or more of the grounds mentioned in subsection (3), the 11
council may on its own initiative-- 12
(a) amend the scope of registration or registered conditions of a 13
training organisation that was registered by another registering 14
body, but only to impose a restriction applying in this 15
jurisdiction; or 16
(b) amend the scope of registration or registered conditions of a 17
training organisation that was registered by it, including by 18
imposing a restriction applying in this or another jurisdiction; or 19
(c) suspend the registration, or part of the scope of registration, of a 20
training organisation that was registered by it, by imposing a 21
prohibition applying in this or another jurisdiction while the 22
suspension is in force; or 23
(d) cancel the registration of a training organisation that was 24
registered by it. 25
26
Note--
27
For the procedure to be followed before exercising a power under subsection (2), see
28
section 31.
29
For the procedure to be followed after exercising a power under subsection (2), see
30
section 35.
`(3) The grounds are as follows-- 31
(a) the registration, or the part of the scope of registration, was 32
obtained because of incorrect or misleading information; 33
(b) the training organisation has contravened a condition of its 34
registration. 35
s9 27 s9
Training Reform Bill 2003
`(4) The council may not impose a restriction under subsection (2)(a) 1
unless the registering body that registered the training organisation-- 2
(a) fails to take any step to deal with the matter to which the grounds 3
relate within 30 days after the matter comes to its attention; or 4
(b) advises the council that it does not propose taking any step to 5
deal with the matter to which the grounds relate; or 6
(c) after taking any step to deal with the matter to which the grounds 7
relate-- 8
(i) fails to take another step within 30 days; or 9
(ii) advises the council that it does not propose taking another 10
step. 11
`(5) Subsection (4) does not apply if the council is relying on a ground 12
established by a compliance audit under section 38. 13
`(6) Also, subsection (4) does not stop the council, before the end of a 14
30 day period mentioned in the subsection, taking all steps necessary to 15
impose a restriction immediately after, or at any time after, the period has 16
ended. 17
`(7) A restriction imposed under subsection (2)(a), (b) or (c) may, but 18
need not, relate to a particular place or jurisdiction, but if it does so, it may 19
only be imposed because of a particular fact situation that has arisen in the 20
place or jurisdiction. 21
`(8) Also, a restriction imposed under subsection (2)(a), (b) or (c) must 22
be consistent with this chapter and the national standards. 23
`(9) For subsection (2)(c), in exceptional circumstances, the registering 24
body may direct the training organisation to immediately stop conducting 25
operations continued under section 34(3). 26
27
Example of exceptional circumstance--
28
Danger of injury to anyone's health or safety.
`(10) Before cancelling the registration of a training organisation under 29
subsection (2)(d), the council must consult the registering bodies of each of 30
the other jurisdictions where the training organisation is operating. 31
`(11) Failure to comply with subsection (10) does not affect a 32
cancellation of the registration of a training organisation. 33
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Training Reform Bill 2003
`33 Cancelling registration on change of business operations 1
`(1) This section applies to a training organisation registered by the 2
council. 3
`(2) On the grounds that the training organisation neither has its principal 4
place of business, nor conducts all or most of its operations, in this 5
jurisdiction, the council may cancel the training organisation's 6
registration-- 7
(a) on application by the training organisation; or 8
(b) on its own initiative. 9
10
Note--
11
For the procedure to be followed before exercising a power under subsection (2), see
12
section 31.
13
For the procedure to be followed after exercising a power under subsection (2), see
14
section 35.
`(3) If, before the end of the time to show cause mentioned in the show 15
cause notice given under section 31, the training organisation makes an 16
application to another registering body for registration as a training 17
organisation (the "transfer application"), the council must not cancel the 18
registration of the training organisation until the transfer application is 19
decided. 20
`34 Effect of suspension of registration of training organisation 21
`(1) This section applies if a prohibition is imposed on a training 22
organisation under section 32(2)(c). 23
`(2) A person must not, for training or an assessment provided or to be 24
provided in operations the subject of the prohibition, do anything for any of 25
the following purposes-- 26
(a) recruiting or enrolling anyone; 27
(b) soliciting or accepting any consideration from anyone for 28
anyone's recruitment or enrolment; 29
(c) starting anyone's training or assessment; 30
(d) if the operations have been directed to immediately stop under 31
section 32(9)--training or assessing anyone. 32
Maximum penalty--50 penalty units. 33
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Training Reform Bill 2003
`(3) If the training organisation, before the prohibition took effect, 1
entered into an agreement to provide training or an assessment to a person, 2
subsection (2)(a) to (c) does not prohibit anyone from relying on the 3
agreement-- 4
(a) to provide the training or assessment; or 5
(b) to solicit or accept consideration for the provision of the training 6
or assessment. 7
`35 Return of registration certificate 8
`(1) If a training organisation's registration is suspended or cancelled, 9
the training organisation must return the certificate of registration to the 10
council within 14 days after the decision takes effect, unless the training 11
organisation has a reasonable excuse. 12
Maximum penalty--40 penalty units. 13
`(2) If the registration was suspended, the council must return the 14
certificate of registration to the training organisation at the end of the 15
suspension period. 16
`36 Council to register amendment, suspension or cancellation 17
`If, in relation to a registered training organisation, the council decides to 18
do anything under sections 32(2) or 33(2), it must, on the national 19
register-- 20
(a) for an amendment of the scope of registration or registered 21
conditions--amend the scope of registration or registered 22
conditions in accordance with its decision; or 23
(b) for a suspension of the registration or part of the scope of 24
registration--register the suspension; or 25
(c) for a cancellation of the registration--remove the registered 26
details of the training organisation. 27
`Division 3--Audit powers 28
`37 Audit of training organisation registered by the council 29
`(1) This section applies in relation to-- 30
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Training Reform Bill 2003
(a) a training organisation registered by the council; and 1
(b) any of the training organisation's operations. 2
`(2) The council may at any time conduct a compliance audit of the 3
training organisation. 4
`38 Audit of training organisation registered by another registering 5
body 6
`(1) This section applies in relation to-- 7
(a) a training organisation registered by a registering body other than 8
the council (the "other registering body"); and 9
(b) any of the training organisation's operations in this jurisdiction. 10
`(2) Subsection (3) applies if-- 11
(a) the council-- 12
(i) suspects on reasonable grounds that the training 13
organisation may have contravened the national standards; 14
and 15
(ii) has advised the other registering body of the suspected 16
contravention; and 17
(b) the other registering body-- 18
(i) within 30 days after receiving the advice, fails to take steps 19
to deal with the suspected contravention to the satisfaction 20
of the council; or 21
(ii) at any time advises the council that it does not propose to 22
take any step or further step to deal with the suspected 23
contravention. 24
`(3) The council may conduct a compliance audit of the training 25
organisation. 26
`39 Conduct of audit 27
`(1) A compliance audit mentioned in section 24(4), 26(2)(c), 26(2)(d), 28
37 or 38 must have regard to the standards for State and Territory 29
registering and course accrediting bodies. 30
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Training Reform Bill 2003
`(2) A failure to comply with subsection (1) is of no effect if the 1
failure-- 2
(a) does not substantially affect the outcome of the audit; or 3
(b) arises out of inconsistency between the standards mentioned in 4
the subsection and the legislation of the particular jurisdiction in 5
relation to which the failure arises. 6
`40 Powers not limited by compliance audit provisions 7
`A provision of this chapter that makes provision for a compliance audit 8
does not limit the power of any registering body to inquire into the 9
activities of a registered training organisation or other training 10
organisation. 11
`Division 4--Other powers 12
`41 Function or power may be used to support national scheme 13
`(1) This section applies to a person who, apart from this section, may 14
exercise a power or perform a function under this chapter in relation to a 15
registered training organisation or an applicant for registration under 16
section 24. 17
`(2) The person may also perform the same kind of function or exercise 18
the same kind of power in this jurisdiction-- 19
(a) at the request of the council--for inquiries into whether a 20
training organisation registered by another registering body is 21
complying with this chapter or a corresponding law; or 22
(b) at the request of another registering body--for a compliance 23
audit that is being conducted under a corresponding law for this 24
chapter in relation to-- 25
(i) a training organisation registered by the other registering 26
body; or 27
(ii) an applicant for registration by the other registering body 28
under a corresponding law for section 24. 29
`(3) Subsection (2) does not limit the person's functions or powers. 30
s9 32 s9
Training Reform Bill 2003
`42 Information may be made available to other registering bodies 1
`(1) The council may disclose to another registering body information it 2
has about, or arising from, the following-- 3
(a) an application by anyone for registration as a training 4
organisation; 5
(b) a training organisation's registration; 6
(c) a compliance audit conducted for this chapter; 7
(d) action taken by the council in relation to a registered training 8
organisation; 9
(e) the performance of a function, or the exercise of a power, by a 10
person at the request of another registering body. 11
`(2) A person disclosing information under subsection (1) or under a 12
corresponding law for subsection (1) does not contravene an obligation not 13
to disclose the information, whether imposed by an Act or by another rule 14
of law. 15
`Division 5--Other provisions 16
`43 Issuing qualifications and statements of attainment 17
`(1) A registered training organisation must issue a qualification or 18
statement of attainment to a student who-- 19
(a) has-- 20
(i) undertaken an accredited course or training consistent with 21
the vocational education and training provisions of the AQF 22
with the organisation; and 23
(ii) attained the skills and knowledge required for the issue of a 24
qualification or statement of attainment; or 25
(b) has been recognised by the organisation as having the skills and 26
knowledge required for the issue of a qualification or statement 27
of attainment. 28
Maximum penalty--40 penalty units. 29
`(2) For subsection (1), the qualification or statement of attainment must 30
be issued within 21 days after both of the following matters are satisfied-- 31
s9 33 s9
Training Reform Bill 2003
(a) the organisation-- 1
(i) is satisfied the student attains the skills and knowledge 2
required for its issue; or 3
(ii) recognises the student as having the skills and knowledge 4
required for its issue; 5
(b) the student has paid all fees payable by the student to the 6
organisation. 7
`44 Assessment of skills or knowledge by registered training 8
organisation 9
`(1) This section applies if a person-- 10
(a) claims to have skills or knowledge for which no qualification or 11
statement of attainment has been issued; and 12
(b) reasonably believes a qualification or statement of attainment 13
could be issued to the person for the skills or knowledge. 14
`(2) The person may apply to a registered training organisation to have 15
the person's skills or knowledge assessed to decide whether the person may 16
be issued a qualification or statement of attainment for the skills or 17
knowledge. 18
`(3) After assessing the person's skills or knowledge, the organisation 19
must issue the person with the appropriate qualification or statement of 20
attainment within 21 days after all of the following matters are satisfied-- 21
(a) the organisation is authorised by its registration to issue the 22
qualification or statement of attainment; and 23
(b) the organisation is satisfied the person has the skills or 24
knowledge required for the issue of a qualification or statement 25
of attainment; and 26
(c) the person has paid all fees payable by the person to the 27
organisation. 28
`45 Cancellation of qualification or statement of attainment 29
`(1) A registered training organisation may cancel a qualification or 30
statement of attainment that it issued, by fair procedures prescribed under a 31
regulation, if the qualification or statement of attainment was issued-- 32
s9 34 s9
Training Reform Bill 2003
(a) in error; or 1
(b) because of a document or representation that-- 2
(i) is false or misleading; or 3
(ii) was obtained or made in another improper way. 4
`(2) If the registered training organisation cancels the qualification or 5
statement of attainment, the organisation must give an information notice 6
to the person to whom the qualification or statement was issued 7
("holder"). 8
`(3) The holder must, unless the holder has a reasonable excuse, return 9
the cancelled qualification or statement of attainment to the registered 10
training organisation after the later of-- 11
(a) 21 days after the organisation gives the holder the information 12
notice; or 13
(b) if the holder appeals the decision under section 230--the holder 14
withdraws the appeal or the appeal is dismissed.23 15
Maximum penalty for subsection (3)--40 penalty units. 16
`PART 4--ACCREDITED COURSES 17
`Division 1--Requirement for accreditation 18
`46 Offence of falsely claiming to provide an accredited course 19
`(1) A person must not claim to provide an accredited course unless the 20
course is an accredited course. 21
Maximum penalty--80 penalty units. 22
`(2) For subsection (1), a person claims to provide an accredited course 23
if the person-- 24
(a) makes that claim; or 25
(b) claims to provide a course that purports to be an accredited 26
course; or 27
23 Section 230 (Appeal to industrial commission against council or other decisions)
s9 35 s9
Training Reform Bill 2003
(c) does any act likely to induce someone else to believe a course the 1
person is providing is accredited. 2
`Division 2--Course accreditation activities in this jurisdiction 3
`47 Applying in this jurisdiction for accreditation 4
`(1) A person may apply to the council to have a course accredited if the 5
skills and knowledge that may be attained under the course are not 6
recognised under the vocational education and training provisions of the 7
AQF. 8
`(2) The application must be in the approved form and accompanied by 9
the prescribed fee. 10
`(3) The applicant must give the council any information required by it 11
to decide the application. 12
`47A Decision about accreditation 13
`(1) On an application to have a course accredited if the skills and 14
knowledge that may be attained under the course are not recognised under 15
the vocational education and training provisions of the AQF, the council 16
must grant, or refuse to grant, the accreditation. 17
`(2) In deciding the application, the council must apply the standards for 18
accreditation of courses. 19
`(3) Subsection (2) does not limit the grounds on which the council may 20
decide not to grant the application. 21
`(4) If the council decides to grant the application, it must-- 22
(a) immediately register the course as an accredited course; and 23
(b) give the applicant a certificate of accreditation for the course. 24
`(5) If the council decides not to grant the application, it must 25
immediately give the applicant an information notice for its decision. 26
`47B Accreditation conditions 27
`(1) An accreditation may be subject to reasonable conditions imposed 28
by the council. 29
s9 36 s9
Training Reform Bill 2003
`(2) Without limiting subsection (1), a condition may be about 1
restrictions on providing the course. 2
`47C Term of accreditation 3
`Accreditation may be for a term up to 5 years and may be renewed if 4
application for renewal is made at least 3 months before the accreditation 5
expires. 6
`47D Procedure for amending accreditation 7
`The amendment of an accreditation granted by the council may be 8
applied for and granted or refused as prescribed under a regulation. 9
`47E Cancellation of accreditation on application 10
`The council may cancel an accreditation granted by it at the written 11
request of the person who applied for the accreditation. 12
`47F Amendment or cancellation of accreditation without application 13
`(1) The council may, on its own initiative and by fair procedures 14
prescribed under a regulation, amend or cancel an accreditation granted by 15
it. 16
`(2) Amendment of an accreditation under subsection (1) includes 17
imposing a condition on the accreditation or changing an existing 18
condition. 19
`47G Reassessment of accredited course 20
`The council may, by fair procedures prescribed under a regulation, 21
reassess a course accredited by the council to ensure it continues to meet 22
the needs of industry and the community. 23
`47H Council to give notice of decision and register amendment or 24
cancellation 25
`(1) This section applies if the council amends or cancels an 26
accreditation granted by it. 27
s 10 37 s 11
Training Reform Bill 2003
`(2) The council must immediately give an information notice for its 1
decision to the person on whose application the accreditation was granted. 2
`(3) The council must also, on the national register-- 3
(a) for an amendment--amend the registered accreditation in 4
accordance with its decision; or 5
(b) for a cancellation--remove the registered accreditation. 6
`47I Return of registration certificate 7
`(1) If the council amends or cancels an accreditation, the person on 8
whose application the accreditation was granted must return a certificate of 9
accreditation for the course to the council within 14 days after the decision 10
takes effect, unless the person has a reasonable excuse. 11
Maximum penalty--40 penalty units. 12
`(2) If the registration was amended, the council must promptly return 13
the certificate to the person after amending it. 14
`47J Expiry of accreditation 15
`(1) This section applies to a course that has been accredited on an 16
application to the council. 17
`(2) If the accreditation of the course expires, the council must remove 18
the registered details of the accredited course from the national register.'. 19
10 Amendment of s 24 (Decision about registration)
Clause 20
Section 24(7), note-- 21
omit, insert-- 22
23
`Note--
24
Sections 27 and 27A deal with the imposition of conditions about continued suitability
25
for registration and training or assessments provided to young people in the
26
compulsory participation phase.'.
11 Insertion of new s 27A
Clause 27
After section 27-- 28
insert-- 29
s 12 38 s 14
Training Reform Bill 2003
`27A Condition--compulsory participation phase 1
`Without limiting the conditions the council may impose on a registered 2
training organisation under section 24(7), the council may, if the 3
organisation within its scope of registration provides training or 4
assessments to young people in the compulsory participation phase, impose 5
a condition in relation to the training or assessments.'. 6
12 Amendment of s 57 (Amending or assigning registered training 7
contract)
Clause 8
(1) Section 57(1)(a), after `writing'-- 9
insert-- 10
`and the council approves the amendment or assignment'. 11
(2) Section 57(1)(b)(i), `as'-- 12
omit, insert-- 13
`in the way'. 14
(3) Section 57-- 15
insert-- 16
`(1A) If the council refuses to approve the amendment or assignment, 17
the council must promptly give the parties an information notice.'. 18
13 Amendment of s 59 (Statutory assignment or cancellation of 19
registered training contract)
Clause 20
Section 59(1), from `when'-- 21
omit, insert-- 22
`on the day agreed between the employer and the purchaser.'. 23
14 Omission of s 60 (Reinstatement in previous position)
Clause 24
Section 60-- 25
omit. 26
s 15 39 s 15
Training Reform Bill 2003
15 Replacement of s 64 (Cancellation for serious misconduct)
Clause 1
Section 64-- 2
omit, insert-- 3
`64 Suspension and cancellation for serious misconduct 4
(1) This section applies if-- 5
(a) an apprentice or trainee who is a party to a training contract 6
engages in serious misconduct; and 7
(b) because of the misconduct, the employer of the apprentice or 8
trainee decides it is unreasonable to continue to train the 9
apprentice or trainee at that time. 10
`(2) The employer may immediately suspend the training contract by-- 11
(a) telling the apprentice or trainee the contract is suspended; or 12
(b) giving the apprentice or trainee a suspension notice. 13
`(3) If the employer suspends the contract under subsection (2)(a), the 14
employer must, within 1 working day after the suspension, give the 15
apprentice or trainee a suspension notice. 16
`(4) If the employer suspends the contract, the employer must-- 17
(a) within 1 working day after the suspension, notify the council of 18
the suspension; and 19
(b) within 5 working days after the suspension, give the council a 20
copy of the suspension notice. 21
`(5) If the suspension notice states that the employer proposes to apply 22
for cancellation of the contract-- 23
(a) the employer is taken to have applied for the cancellation by 24
giving the council a copy of the suspension notice; and 25
(b) the apprentice or trainee is taken to be stood down from 26
employment without pay until the council decides the 27
application. 28
`(6) If the suspension notice does not state that the employer proposes to 29
apply for cancellation of the contract, the apprentice or trainee is taken to 30
be stood down from employment without pay for-- 31
(a) if the suspension notice states a period for which the apprentice 32
or trainee is suspended of not longer than 1 working day--the 33
stated period; or 34
s 15 40 s 15
Training Reform Bill 2003
(b) otherwise--1 working day. 1
`(7) The council must promptly-- 2
(a) by fair procedures prescribed under a regulation-- 3
(i) for an application for cancellation of a contract--decide the 4
application; or 5
(ii) for a suspension notice that does not state that the employer 6
proposes to apply for cancellation of the contract--confirm 7
or refuse to confirm the suspension; and 8
(b) give the employer and the apprentice or trainee an information 9
notice for its decision. 10
`(8) The council may cancel the contract only if-- 11
(a) it is satisfied the employer gave the apprentice or trainee a 12
suspension notice as required under subsection (2)(b) or (3); and 13
(b) the council reasonably believes-- 14
(i) the apprentice or trainee engaged in the serious misconduct; 15
and 16
(ii) it is unreasonable in the circumstances for the employer to 17
continue the training. 18
`(9) However, subsection (10) applies if-- 19
(a) having told the apprentice or trainee of the suspension under 20
subsection (2)(a), the employer fails to give the apprentice or 21
trainee a suspension notice as required under subsection (3); or 22
(b) the employer fails to notify the council of the suspension as 23
required under subsection (4)(a); or 24
(c) the employer fails to give the council a copy of the suspension 25
notice as required under subsection (4)(b); or 26
(d) for a suspension notice that states that the employer proposes to 27
apply for cancellation of the contract--the council, or the 28
commission on appeal, refuses to cancel the contract; or 29
(e) for a suspension notice that does not state that the employer 30
proposes to apply for cancellation of the contract--the council, 31
or the commission on appeal, refuses to confirm the suspension. 32
`(10) The suspension is taken not to have happened and the employer 33
must immediately-- 34
s 15 41 s 15
Training Reform Bill 2003
(a) resume training the apprentice or trainee; and 1
(b) reimburse the apprentice or trainee for wages lost during the 2
period the apprentice or trainee was stood down from 3
employment without pay. 4
Maximum penalty--50 penalty units. 5
`(11) In this section-- 6
"dangerous event" see the Workplace Health and Safety Act 1995, 7
schedule 3.24 8
24 The Workplace Health and Safety Act 1995, schedule 3 defines dangerous event as
follows--
"dangerous event" means an event caused by specified high risk plant, or an event at a
workplace caused by a workplace activity, if the event involves or could have
involved exposure of persons to risk to their health and safety because of--
(a) collapse, overturning, failure or malfunction of, or damage to, an item of
specified high risk plant; or
(b) collapse or failure of an excavation or of any shoring supporting an
excavation; or
(c) collapse or partial collapse of any part of a building or other structure; or
(d) damage to any load bearing member of, or the failure of any brake, steering
device or other control device of, a crane, hoist, conveyor, lift or escalator; or
(e) implosion, explosion or fire; or
(f) escape, spillage or leakage of any hazardous material or dangerous goods; or
(g) fall or release from a height of any plant, substance or object; or
(h) damage to a boiler, pressure vessel or refrigeration plant; or
(i) uncontrolled explosion, fire or escape of gas or steam.
s 15 42 s 15
Training Reform Bill 2003
"serious bodily injury" see the Workplace Health and Safety Act 1995, 1
schedule 3.25 2
"serious misconduct" means any of the following-- 3
(a) theft; 4
(b) assault; 5
(c) fraud; 6
(d) at work-- 7
(i) being under the influence of liquor or a drug; or 8
(ii) causing an imminent risk of serious bodily injury or work 9
caused illness or a dangerous event happening; or 10
(iii) behaving in a way that is inconsistent with the continuation 11
of a registered training contract. 12
"suspension notice" means a notice-- 13
(a) stating, or (if the apprentice or trainee was told of the suspension 14
under subsection (2)(a)) confirming, that the apprentice or trainee 15
is suspended; and 16
(b) stating the grounds for the suspension; and 17
(c) stating whether the employer proposes to apply for cancellation 18
of the contract. 19
25 The Workplace Health and Safety Act 1995, schedule 3 defines serious bodily injury
as follows--
"serious bodily injury" means an injury to a person that causes--
(a) the injured person's death; or
(b) the loss of a distinct part or an organ of the injured person's body; or
(c) the injured person to be absent from the person's voluntary or paid
employment for more than 4 days.
s 16 43 s 17
Training Reform Bill 2003
"work caused illness" see Workplace Health and Safety Act 1995, 1
schedule 3.26'. 2
16 Amendment of s 66 (Cancelling registration of training contract)
Clause 3
(1) Section 66(1), after `training contract'-- 4
insert-- 5
`, whether on application by a party to the contract or the council's own 6
initiative,'. 7
(2) Section 66(1)-- 8
insert-- 9
`(d) an apprentice or trainee is failing, for a reason other than neglect 10
or default, to make reasonable progress in training under the 11
apprentice's or trainee's training plan. 12
13
`Example for paragraph (d)--
14
After starting an apprenticeship, the apprentice contracts a debilitating
15
illness that prevents the apprentice making reasonable progress in training
16
under the apprentice's training plan.'.
17 Amendment of s 70 (Definition for div 5)
Clause 17
Section 70, definition "misconduct", paragraph (b)(iv), after `fails'-- 18
insert-- 19
`, because of the party's deliberate neglect or default,'. 20
26 The Workplace Health and Safety Act 1995, schedule 3 defines work caused illness
as follows--
"work caused illness" means--
(a) an illness contracted by a person to which work, a workplace, a workplace
activity or specified high risk plant was a significant contributing factor; or
(b) the recurrence, aggravation, acceleration, exacerbation or deterioration in a
person of an existing illness if work, a workplace, a workplace activity or
specified high risk plant was a significant contributing factor to the
recurrence, aggravation, acceleration, exacerbation or deterioration.
s 18 44 s 21
Training Reform Bill 2003
18 Amendment of s 77 (Delayed completion of registered training 1
contract)
Clause 2
Section 77-- 3
insert-- 4
`(5) The council must-- 5
(a) if it extends the nominal term, give the parties signed notice of 6
the extension; or 7
(b) if it refuses to extend the nominal term, promptly give the parties 8
an information notice.'. 9
19 Amendment of s 78 (Cancellation or completion of registered 10
training contract terminates employment)
Clause 11
Section 78(2)(a)-- 12
omit, insert-- 13
`(a) the Industrial Relations Act 1999, section 139A27 applies; or'. 14
20 Amendment of s 83 (Prohibited employers)
Clause 15
Section 83(4)-- 16
insert-- 17
`(e) whether the employer behaves, or permits his or her employees 18
to behave, in an objectionable way towards an apprentice or 19
trainee.'. 20
21 Amendment of s 86 (Temporary stand down under registered 21
training contract)
Clause 22
(1) Section 86-- 23
insert-- 24
`(2A) When the council decides the application, it must promptly give 25
the employer and the apprentice or trainee an information notice.'. 26
(2) Section 86(3), from `it' to `stating'-- 27
27 Industrial Relations Act 1999, Section 139A (Reinstatement to previous position)
s 22 45 s 22
Training Reform Bill 2003
omit, insert-- 1
`the information notice must state'. 2
(3) Section 86(4), `notice'-- 3
omit, insert-- 4
`information notice'. 5
22 Insertion of new ch 3A
Clause 6
After section 106-- 7
insert-- 8
`CHAPTER 3A--SPECIAL PROVISIONS TO 9
COMPLEMENT COMPULSORY PARTICIPATION 10
PHASE 11
`106A Relationship with other legislation 12
`This chapter complements the provisions of the Youth Participation in 13
Education and Training Act 2003 dealing with the compulsory 14
participation phase for young people. 15
`106B Ministerial declaration `Stepping forward: improving pathways 16
for all young people' 17
`(1) The "ministerial declaration `Stepping forward: improving 18
pathways for all young people'" is the declaration of commitment to the 19
young people of Australia by Ministers for Education, Employment, 20
Training, Youth Affairs and Community Services endorsed in July 2002 by 21
the Ministerial Council on Education, Employment, Training and Youth 22
Affairs. 23
24
Note--
25
Section 3(h) provides that it is an objective of this Act to implement initiatives for
26
young people that are consistent with the declaration.
`(2) A copy of the declaration is set out in the attachment. 27
`(3) The attachment is not part of this Act.'. 28
s 23 46 s 26
Training Reform Bill 2003
23 Insertion of new s 106C
Clause 1
Chapter 3A, after section 106B-- 2
insert-- 3
`106C Chief executive to ensure diversity and accessibility of 4
employment skills development programs 5
`(1) The chief executive must ensure-- 6
(a) employment skills development programs are developed to meet 7
the diverse needs of young people in the compulsory 8
participation phase; and 9
(b) the programs are accessible by young people in the compulsory 10
participation phase. 11
`(2) The chief executive may provide employment skills development 12
programs ("departmental employment skills development 13
programs").'. 14
24 Amendment of ch 5, pt 1, hdg
Clause 15
Chapter 5, part 1, heading-- 16
omit, insert-- 17
`PART 1--TRAINING OMBUDSMAN'. 18
25 Amendment of s 133 (Appointing apprenticeship and traineeship 19
ombudsman)
Clause 20
(1) Section 133, heading-- 21
omit, insert-- 22
`133 Appointing training ombudsman'. 23
(2) Section 133(1), `apprenticeship and traineeship ombudsman'-- 24
omit, insert-- 25
`training ombudsman'. 26
26 Amendment of s 134 (Functions of ombudsman)
Clause 27
(1) Section 134(1)(d)-- 28
s 27 47 s 29
Training Reform Bill 2003
renumber as section 134(1)(e). 1
(2) Section 134(1)-- 2
insert-- 3
`(d) if asked by a young person in the compulsory participation 4
phase, or a parent of the young person, to review the council's 5
decision about an employment exemption for the young person;'. 6
27 Amendment and relocation of ch 5, pt 1, div 2, hdg
Clause 7
(1) Chapter 5, part 1, division 2, heading-- 8
omit, insert-- 9
`Division 2--Dealing with complaints'. 10
(2) Chapter 5, part 1, division 2, heading, as amended-- 11
relocate to after section 135. 12
28 Renumbering of ch 5, pt 1, div 3
Clause 13
Chapter 5, part 1, division 3-- 14
renumber as division 4. 15
29 Insertion of new ch 5, pt 1, div 3
Clause 16
After section 141-- 17
insert-- 18
`Division 3--Reviewing decisions about employment exemptions 19
`141A Who may apply for review 20
`(1) A young person in the compulsory participation phase, or a parent of 21
the young person, may apply to the ombudsman to review an adverse 22
decision about an employment exemption for the young person. 23
`(2) In this section-- 24
"adverse decision about an employment exemption" means-- 25
(a) a decision of the council refusing to grant an employment 26
exemption; or 27
s 29 48 s 29
Training Reform Bill 2003
(b) a decision of the council amending or cancelling an employment 1
exemption. 2
`141B How to apply for review 3
`An application for review of an adverse decision about an employment 4
exemption must-- 5
(a) be in the approved form; and 6
(b) give particulars of the decision and state in detail the grounds on 7
which the applicant disputes the decision; and 8
(c) be made within 30 days after the information notice for the 9
decision is given to the applicant or within the longer period the 10
ombudsman allows, whether before or after the end of that 11
period. 12
`141C Council to provide material to ombudsman 13
`The council must, at the written request of the ombudsman stating the 14
receipt of an application for review, give the ombudsman a copy of the 15
material before the council in making its decision. 16
`141D Ombudsman to review decision and report findings 17
`(1) As soon as practicable after completing a review of the council's 18
decision, the ombudsman must-- 19
(a) give the applicant and the interested person signed notice of the 20
findings of the review; and 21
(b) give the council and the Minister a signed report of the review 22
that includes the findings. 23
`(2) The notice must also state the following-- 24
(a) that a person aggrieved by the decision may, within 21 days after 25
being given the notice, appeal against the decision; 26
(b) how to appeal. 27
`(3) The report may include any recommendation the ombudsman 28
considers appropriate. 29
`(4) If the report includes a recommendation, the Minister may ask the 30
council to notify the Minister, within a stated time, of-- 31
s 30 49 s 31
Training Reform Bill 2003
(a) the steps that have been or are proposed to be taken to give effect 1
to the recommendation; or 2
(b) if no steps have been, or are proposed to be, taken to give effect 3
to the recommendations, the reasons for not taking the steps. 4
`(5) The ombudsman must not make an adverse comment in the report 5
about a person unless the person has been given an opportunity to respond 6
to the proposed comment and the person's response is fairly stated in the 7
report. 8
`(6) In this section-- 9
"interested person" means-- 10
(a) if the applicant is the young person--a parent of the young 11
person; or 12
(b) if the applicant is a parent of the young person--the young 13
person.'. 14
30 Amendment of s 145 (Annual report)
Clause 15
Section 145(1), `3 months'-- 16
omit, insert-- 17
`4 months'. 18
31 Amendment of s 147 (Board's functions)
Clause 19
`(1) Section 147(1)(d)-- 20
insert-- 21
`(xii)the recognition of learning and qualifications within the 22
education and training system;'. 23
`(2) Section 147(1)(d)-- 24
insert-- 25
`(xiii)making decisions about employment exemptions; 26
(xiv)recognising non-departmental employment skills 27
development programs under section 183D;28'. 28
28 Section 183D (Council may recognise program)
s 32 50 s 36
Training Reform Bill 2003
32 Amendment of s 149 (Board membership)
Clause 1
(1) Section 149(4)-- 2
renumber as section 149(6). 3
(2) Section 149-- 4
insert-- 5
`(4) One member must be a young adult having current or recent student 6
experience in vocational education and training. 7
`(5) One member must be a person nominated by the Minister 8
administering the Youth Participation in Education and Training 9
Act 2003.'. 10
33 Amendment of s 165 (Report on board's operations)
Clause 11
Section 165(1), `3 months'-- 12
omit, insert-- 13
`4 months'. 14
34 Amendment of ch 5, pt 3, hdg (Training recognition council)
Clause 15
Chapter 5, part 3, heading, after `TRAINING'-- 16
insert-- 17
`AND EMPLOYMENT'. 18
35 Amendment of s 167 (Establishment of council)
Clause 19
Section 167, after `Training'-- 20
insert-- 21
`and Employment'. 22
36 Replacement of s 168 (Council's functions)
Clause 23
Section 168-- 24
omit, insert-- 25
s 36 51 s 36
Training Reform Bill 2003
`168 Council's functions 1
`(1) The council has the following functions-- 2
(a) if asked by the Minister, to make recommendations to the 3
Minister on the AQF and AQTF; 4
(b) to advise the board on policy and guidelines for-- 5
(i) registering and regulating training organisations and 6
training contracts; and 7
(ii) accrediting courses and regulating accredited courses; and 8
(iii) the training requirements for apprentices and trainees; and 9
(iv) vocational placements; and 10
(v) the recognition of learning and qualifications within the 11
education and training system; 12
(c) to register and regulate training organisations and training 13
contracts; 14
(d) to accredit courses and regulate accredited courses; 15
(e) to recognise vocational placement schemes and register and 16
regulate vocational placement agreements; 17
(f) to regulate the issuing of qualifications and statements of 18
attainment; 19
(g) to declare apprenticeships or traineeships; 20
(h) to declare a calling to be a restricted calling; 21
(i) to decide probationary periods and nominal terms for 22
apprenticeships and traineeships; 23
(j) to issue recognition certificates; 24
(k) to perform other functions requested by the board. 25
`(2) Subsection (1) does not limit the council in performing another 26
function conferred on it under this Act. 27
`(3) The council has power to do all things necessary or convenient for 28
performing its functions. 29
`(4) In performing its functions, the council must have regard to 30
industry.'. 31
s 37 52 s 39
Training Reform Bill 2003
37 Amendment of s 168 (Council's functions)
Clause 1
(1) Section 168(1)(b)-- 2
insert-- 3
`(vi) making decisions about employment exemptions; 4
(vii) recognising non-departmental employment skills 5
development programs for the purposes of the Youth 6
Participation in Education and Training Act 2003, 7
section 20(3);29'. 8
(2) Section 168(1)(k)-- 9
renumber as section 168(1)(n). 10
(3) Section 168(1), as amended-- 11
insert-- 12
`(k) to grant employment exemptions; 13
(l) to recognise non-departmental employment skills development 14
programs for the purposes of the Youth Participation in 15
Education and Training Act 2003, section 20(3); 16
(m) to maintain a register of recognised non-departmental 17
employment skills development programs;'. 18
38 Amendment of s 169 (Council subject to Minister and board)
Clause 19
Section 169(2), `to (k)'-- 20
omit, insert-- 21
`to (n)'. 22
39 Amendment of s 170 (Council membership)
Clause 23
(1) Section 170(4)-- 24
renumber as section 170(5). 25
(2) Section 170-- 26
insert-- 27
29 Youth Participation in Education and Training Act 2003, section 20 (Exceptions to
obligation)
s 40 53 s 40
Training Reform Bill 2003
`(4) One member must be a person nominated by the Minister 1
administering the Youth Participation in Education and Training 2
Act 2003.'. 3
40 Insertion of new ch 5, pt 3, divs 5A and 5B
Clause 4
After section 183-- 5
insert-- 6
`Division 5A--Deciding employment exemptions 7
`183A Application for employment exemption 8
`(1) A young person in the compulsory participation phase or a parent of 9
the young person may apply to the council for an employment exemption 10
for the young person. 11
`(2) The application must be in the approved form. 12
`(3) The applicant must give the council any information required by it 13
to decide the application. 14
`(4) In this section-- 15
"employment exemption" means an exemption from the compulsory 16
participation phase for a young person who is-- 17
(a) in paid employment for less than 25 hours each week; or 18
(b) in unpaid employment. 19
`183B Decision about employment exemption 20
`(1) On an application for an employment exemption, the council may 21
grant the employment exemption for the young person, or refuse to do so. 22
`(2) If the council decides to grant the application, the council must 23
immediately give the applicant a notice of the decision ("exemption 24
notice"). 25
`(3) If the council decides to refuse the application, the council must 26
immediately give the applicant a notice of the decision ("information 27
notice"). 28
`(4) An information notice must state the following-- 29
(a) the decision; 30
s 40 54 s 40
Training Reform Bill 2003
(b) the reasons for the decision; 1
(c) the day the decision has effect; 2
(d) that the young person or a parent of the young person may, 3
within 30 days after receiving the notice, apply to have the 4
decision reviewed by the ombudsman or to appeal the decision; 5
(e) how to apply for a review and how to appeal. 6
`183C Amending or cancelling employment exemption 7
`(1) The council may amend or cancel the employment exemption for a 8
young person-- 9
(a) on application by the young person or a parent of the young 10
person; or 11
(b) on its own initiative. 12
`(2) The application must be in the approved form. 13
`(3) If the council decides to amend the employment exemption-- 14
(a) the council must immediately give a notice of the decision (also 15
an "exemption notice")-- 16
(i) if the decision is made on application--to the applicant and 17
an interested person; or 18
(ii) otherwise--to the young person and a parent of the young 19
person; and 20
(b) the amended employment exemption replaces any earlier 21
employment exemption for the young person. 22
`(4) If the council decides to cancel the employment exemption, the 23
council must immediately give a notice of the decision (also an 24
"information notice")-- 25
(a) if the decision is made on application--to the applicant and an 26
interested person; or 27
(b) otherwise--to the young person and a parent of the young 28
person. 29
`(5) An exemption notice or information notice given under this section 30
must include appropriate information about the following-- 31
(a) the decision; 32
s 40 55 s 40
Training Reform Bill 2003
(b) the reasons for the decision; 1
(c) the day the decision has effect; 2
(d) that the young person or a parent of the young person may, 3
within 30 days after receiving the notice, apply to have the 4
decision reviewed by the ombudsman or to appeal the decision; 5
(e) how to apply for a review and how to appeal. 6
`(6) In this section-- 7
"interested person" means-- 8
(a) if the applicant is the young person--a parent of the young 9
person; or 10
(b) if the applicant is a parent of the young person--the young 11
person. 12
`Division 5B--Recognising non-departmental employment skills 13
development programs 14
`183D Council may recognise program 15
`(1) The council may recognise a non-departmental employment skills 16
development program for the purposes of the Youth Participation in 17
Education and Training Act 2003, section 20(3).30 18
`(2) The council may withdraw a recognition by fair procedures 19
prescribed under a regulation. 20
`(3) In this section-- 21
"non-departmental employment skills development program" means 22
an employment skills development program other than a departmental 23
employment skills development program. 24
30 Youth Participation in Education and Training Act 2003, section 20 (Exceptions to
obligation)
s 41 56 s 43
Training Reform Bill 2003
`183E Council must maintain register 1
`The council must maintain a register of non-departmental employment 2
skills development programs recognised under section 183D.31'. 3
41 Amendment of s 187 (Establishing committees)
Clause 4
Section 187(1), `chapter 3'-- 5
omit, insert-- 6
`this Act'. 7
42 Amendment of s 196 (Composition of TAFE institute council)
Clause 8
(1) Section 196(2), `An appointed member'-- 9
omit, insert-- 10
`Other appointed members'. 11
(2) Section 196(2), as amended-- 12
renumber as section 196(4). 13
(3) Section 196-- 14
insert-- 15
`(2) Two appointed members must be young adults having current or 16
recent student experience in vocational education and training. 17
`(3) One appointed member must be a person nominated by the Minister 18
administering the Youth Participation in Education and Training 19
Act 2003.'. 20
43 Amendment of s 211 (Report on TAFE institute council's 21
operations)
Clause 22
Section 211(1), `3 months'-- 23
omit, insert-- 24
`4 months'. 25
31 The register is available for inspection during office hours at Level 4, Education
House, 30 Mary Street, Brisbane.
s 44 57 s 46
Training Reform Bill 2003
44 Amendment of s 217 (Chief executive's functions for TAFE 1
institutes)
Clause 2
(1) Section 217-- 3
insert-- 4
`(f) to improve the participation of young people in vocational 5
education and training by attracting young people to, and 6
supporting young people in, vocational education and training 7
resulting in a qualification or statement of attainment; 8
(g) to ensure rural, remote and indigenous communities are given 9
support, advice or other help in developing services in those 10
communities that facilitate better access to education and 11
training for young people in those communities.'. 12
(2) Section 217-- 13
insert-- 14
`(h) to participate in the development of whole-of-community 15
planning in relation to young people in the compulsory 16
participation phase.'. 17
(3) Section 217-- 18
insert-- 19
`(2) Without limiting subsection (1)(a), the reference in that provision to 20
vocational education and training services includes a reference to 21
vocational education and training services for young people in the 22
compulsory participation phase.'. 23
45 Amendment of ch 8, pt 1 hdg (Training recognition decisions)
Clause 24
Chapter 8, part 1, heading-- 25
omit, insert-- 26
`PART 1--TRAINING RECOGNITION DECISIONS AND 27
EMPLOYMENT EXEMPTION DECISIONS'. 28
46 Amendment of s 224 (Appeal to Magistrates Court)
Clause 29
Section 224-- 30
insert-- 31
s 47 58 s 47
Training Reform Bill 2003
`(e) a decision about an employment exemption for a young person in 1
the compulsory participation phase.'. 2
47 Amendment of s 230 (Appeal to industrial commission against 3
council or other decisions)
Clause 4
Section 230(1)-- 5
omit, insert-- 6
`(1) A person aggrieved by any of the following decisions may appeal to 7
the industrial commission-- 8
(a) a registered training organisation's cancellation of a qualification 9
or statement of attainment under section 45;32 10
(b) the council's refusal to register a training contract under 11
section 54;33 12
(c) the council's refusal to approve an amendment or assignment of a 13
registered training contract under section 57;34 14
(d) the council's cancellation of, or refusal to cancel, a registered 15
training contract under section 63, 64 or 66;35 16
(e) the council's confirmation of, or refusal to confirm, the 17
suspension of an apprentice or trainee under section 64; 18
(f) the council's cancellation, or refusal to cancel, a completion 19
certificate under section 76;36 20
(g) the council's refusal to extend the nominal term of a registered 21
training contract under section 77;37 22
32 Section 45 (Cancellation of qualification or statement of attainment)
33 Section 54 (Registering training contract)
34 Section 57 (Amending or assigning registered training contract)
35 Section 63 (Cancelling training contract for inability to perform contract on stated
grounds), section 64 (Suspension or cancellation for serious misconduct) or
66 (Cancelling registration of training contract)
36 Section 76 (Cancelling completion certificate)
37 Section 77 (Delayed completion of registered training contract)
s 48 59 s 51
Training Reform Bill 2003
(h) the council's declaration, variation of a declaration or refusal to 1
vary a declaration, of a prohibited employer under section 83 2
or 84;38 3
(i) the council's approval, or refusal to approve, the temporary stand 4
down of an apprentice or trainee under section 86.39'. 5
48 Amendment of s 291 (Regulation-making power)
Clause 6
Section 291(2)-- 7
insert-- 8
`(c) provide for the registration as prescribed under section 2040 of 9
details not otherwise expressly provided for under chapter 2; or 10
(d) provide for the prescription of a law of a jurisdiction other than 11
Queensland as the corresponding law for chapter 2 or a provision 12
of chapter 2.'. 13
49 Amendment of ch 10, hdg (Amendments, repeals and transitional 14
provisions)
Clause 15
Chapter 10, heading, `AMENDMENTS,'-- 16
omit. 17
50 Renumbering of ch 10, pt 2 (Repeals)
Clause 18
Chapter 10, part 2-- 19
renumber as chapter 10, part 1. 20
51 Amendment of ch 10, pt 3, hdg (Transitional provisions)
Clause 21
Chapter 10, part 3, heading-- 22
omit, insert-- 23
38 Section 83 (Prohibited employers) or 84 (Revocation of declaration as prohibited
employer)
39 Section 86 (Temporary stand down under registered training contract)
40 Section 20 (National register and national effect of registration)
s 52 60 s 52
Training Reform Bill 2003
`PART 2--TRANSITIONAL PROVISIONS FOR ACT 1
NO. 23 OF 2000'. 2
52 Insertion of new ch 10, pt 3
Clause 3
After section 316-- 4
insert-- 5
`PART 3--TRANSITIONAL PROVISIONS FOR 6
TRAINING REFORM ACT 2003 7
`Division 1--General transitional provisions 8
`317 References to Training and Employment Act 2000 9
`In an Act or document, a reference to the Training and Employment Act 10
2000 may, if the context permits, be taken to be a reference to this Act. 11
`318 Apprenticeship and traineeship ombudsman 12
`(1) In an Act or document, a reference to the apprenticeship and 13
traineeship ombudsman may, if the context permits, be taken to be a 14
reference to the training ombudsman. 15
`(2) The person who, immediately before the commencement of this 16
section, was the apprenticeship and traineeship ombudsman is taken, for 17
the remaining term of the person's appointment, to be the training 18
ombudsman. 19
`(3) The Training Reform Act 2003 does not affect anything done or 20
existing in relation to the ombudsman before the commencement of this 21
section. 22
`319 Training Recognition Council 23
`(1) The Training Recognition Council as formerly established is 24
continued in existence as the Training and Employment Recognition 25
Council. 26
s 52 61 s 52
Training Reform Bill 2003
`(2) In an Act or document, a reference to the Training Recognition 1
Council may, if the context permits, be taken to be a reference to the 2
Training and Employment Recognition Council. 3
`(3) A person who, immediately before the commencement of this 4
section, was a member of the Training Recognition Council is taken, for 5
the remaining term of the person's appointment, to be a member of the 6
Training and Employment Recognition Council. 7
`(4) The Training Reform Act 2003 does not affect anything done or 8
existing in relation to the council before the commencement of this section. 9
`320 Amending or assigning registered training contract 10
`Section 57, as in force immediately before the commencement of this 11
section, continues to apply to a training contract registered before the 12
commencement as if the Training Reform Act 2003, section 1241 had not 13
been enacted. 14
`321 Appeal to industrial commission against council or other decision 15
`Section 230, as in force immediately before the commencement of this 16
section, ("old section 230") continues to apply in relation to a decision 17
mentioned in old section 230 that was made before the commencement as 18
if the Training Reform Act 2003, section 4742 had not been enacted. 19
`322 Amendment of subordinate legislation by Act does not affect 20
power of Governor in Council 21
`The amendment of particular subordinate legislation by the Training 22
Reform Act 2003 does not affect the power of the Governor in Council to 23
further amend the subordinate legislation or to repeal it. 24
`Division 2--Transitional provisions for training organisations 25
41 Section 12 (Amendment of s 57 (Amending or assigning registered training
contract))
42 Section 47 (Amendment of s 230 (Appeal to industrial commission against council
or other decisions))
s 52 62 s 52
Training Reform Bill 2003
`323 Definitions for div 2 1
`In this division-- 2
"commencement" means the commencement of this section. 3
"old" in relation to a provision, means the provision as in force 4
immediately before commencement. 5
`324 Details on register on commencement 6
`(1) The following details recorded on the National Training Information 7
Service maintained by ANTA at commencement are taken to have been 8
registered under chapter 2 or a corresponding law by the entity that 9
recorded the detail-- 10
(a) a training organisation's registration; 11
(b) a training organisation's scope of registration and term of 12
registration; 13
(c) registered conditions of a registered training organisation; 14
(d) registration of an accredited course; 15
(e) an accredited course's term of registration; 16
(f) a qualification registered for a nationally endorsed training 17
package. 18
19
Note--
20
Under section 20,43 these details are the national register.
`(2) On commencement, a condition of a registered training organisation 21
taken to be registered under subsection (1) (a "recorded condition") is 22
taken to be a condition imposed under a section of chapter 2 or a 23
corresponding law under which a similar condition may be imposed in 24
similar circumstances to those applying when the recorded condition was 25
imposed. 26
`325 Application for registration 27
`An application for registration of a training organisation made under old 28
section 1844 and not decided by council before commencement is, after 29
43 Section 20 (National register and national effect of registration)
44 Old section 18 (Applying for registration)
s 52 63 s 52
Training Reform Bill 2003
commencement, taken to have been made under section 2345 and to have 1
been accompanied by the prescribed fee. 2
`326 Contravention of registration condition 3
`If, before commencement, a registered training organisation 4
contravenes a condition stated in its certificate of registration, old 5
chapter 2, in particular old section 23(2) and old section 28(b)46 continue to 6
apply after commencement in relation to the contravention as if those 7
provisions had not been repealed. 8
`327 Return of registration certificate 9
`(1) If, before commencement, the council cancelled the registration of a 10
training organisation under old section 27,47 old section 27(2) continues to 11
apply in relation to the organisation as if old section 27 had not been 12
repealed. 13
`(2) If, before commencement, the council amended, suspended or 14
cancelled the registration of a training organisation under old section 29, 15
old section 30 continues to apply after commencement in relation to the 16
organisation as if old section 3048 had not been repealed. 17
`328 Show cause notice issued 18
`(1) This section applies if, before commencement-- 19
(a) a show cause notice is given under old section 29; and 20
(b) the council has not made a decision, or, if the council has made a 21
decision, the decision has not taken effect. 22
45 Section 23 (Applying in this jurisdiction for registration)
46 Old section 23 (Registration conditions) and 28 (Grounds for amending, suspending
or cancelling registration without application)
47 Old section 27 (Amending or cancelling registration on application by registered
training organisation)
48 Old section 29 (Procedure for amending, suspending or cancelling registration) and
old section 30 (Return of registration certificate)
s 52 64 s 52
Training Reform Bill 2003
`(2) Old chapter 2, part 1, division 249 continues to apply after 1
commencement in relation to the show cause notice and the council's 2
decision as if it had not been repealed. 3
`329 Issuing qualifications and statements of attainment 4
`(1) This section applies if, before commencement-- 5
(a) a student has complied with old section 34(1)(a) or has been 6
recognised under old section 34(1)(b);50 and 7
(b) the registered training organisation has not issued the appropriate 8
qualification or statement of attainment. 9
`(2) Old section 34(2) continues to apply after commencement as if it 10
had not been repealed. 11
`330 Assessment of skills or knowledge 12
`(1) This section applies if, before commencement-- 13
(a) a registered training organisation has assessed a person's skills or 14
knowledge for the purposes of old section 35;51 and 15
(b) the organisation has not issued the appropriate qualification or 16
statement of attainment. 17
`(2) Old section 35(3) continues to apply after commencement as if it 18
had not been repealed. 19
`331 Return of qualification or statement of attainment 20
`(1) This section applies if, before commencement-- 21
(a) a registered training organisation cancels a qualification or 22
statement of attainment under old section 36;52 and 23
49 Old chapter 2 (Training organisations), part 1 (Registration of training
organisations), division 2 (Provisions about amending, suspending and cancelling
registration)
50 Old section 34 (Issuing qualifications and statements of attainment)
51 Old section 35 (Assessment of skills or knowledge by registered training
organisation)
52 Old section 36 (Cancellation of qualification or statement of attainment)
s 53 65 s 53
Training Reform Bill 2003
(b) the person to whom the qualification or statement of attainment 1
was issued has not returned it to the organisation. 2
`(2) Old section 36(2) continues to apply after commencement as if it 3
had not been repealed. 4
`332 Application for course accreditation 5
`(1) This section applies if, before commencement-- 6
(a) an entity applies for the grant of an accreditation for a course 7
under old section 38; and 8
(b) the council has not granted or refused to grant the accreditation. 9
`(2) Old sections 38, 40, 41 and 4453 continue to apply after 10
commencement as if the provisions had not been repealed. 11
`(3) Section 47C54 applies in relation to the term of accreditation. 12
`333 Amendment or cancellation of accreditation without application 13
`(1) This section applies if, before commencement-- 14
(a) the council begins the process to amend or cancel an 15
accreditation under old section 4555 without application by the 16
entity to whom it was granted; and 17
(b) the council has not made a decision, or, if the council has made a 18
decision, the decision has not taken effect. 19
`(2) Section 47F56 applies in relation to the process and decision.'. 20
53 Amendment of sch 3 (Dictionary)
Clause 21
(1) Schedule 3, definitions "council" and "ombudsman"-- 22
omit. 23
53 Old sections 38 (Council may accredit courses), 40 (How council may deal with
application), 41 (Accreditation conditions) and 44 (Procedure for granting and
amending accreditation)
54 Section 47C (Term of accreditation)
55 Old section 45 (Amendment or cancellation of accreditation without application)
56 Section 47F (Amendment or cancellation of accreditation without application)
s 53 66 s 53
Training Reform Bill 2003
(2) Schedule 3-- 1
insert-- 2
` "council" means the Training and Employment Recognition Council 3
established under section 167. 4
"industrial commission" means the Queensland Industrial Relations 5
Commission under the Industrial Relations Act 1999. 6
"ministerial declaration `Stepping forward: improving pathways for 7
all young people'" see section 106B. 8
"ombudsman" means the training ombudsman appointed under 9
section 133. 10
"young adult" means a person aged between 18 and 25 years.'. 11
(3) Schedule 3, definitions "accredited", "corresponding law", 12
"national training system of qualifications", "qualification", 13
"registered", "registered training organisation" and "statement of 14
attainment"-- 15
omit. 16
(4) Schedule 3-- 17
insert-- 18
"accreditation", for chapter 2, see section 19. 19
"accredited", for chapter 2, see section 19. 20
"amended", for chapter 2, see section 19. 21
"another jurisdiction", for chapter 2, see section 19. 22
"ANTA", for chapter 2, see section 19. 23
"ANTA agreement", for chapter 2, see section 19. 24
"AQF", for chapter 2, see section 19. 25
"AQTF", for chapter 2, see section 19. 26
"Commonwealth Act", for chapter 2, see section 19. 27
"compliance audit", for chapter 2, see section 19. 28
"condition", for chapter 2, see section 19. 29
"corresponding law", for chapter 2, see section 19. 30
"course accrediting body", for chapter 2, see section 19. 31
s 53 67 s 53
Training Reform Bill 2003
"jurisdiction", for chapter 2, see section 19. 1
"legislative compliance standard", for chapter 2, see section 19. 2
"ministerial council", for chapter 2, see section 19. 3
"nationally endorsed", for chapter 2, see section 19. 4
"national register", for chapter 2, see section 20. 5
"national standards", for chapter 2, see section 19. 6
"prohibition", for chapter 2, see section 19. 7
"qualification", for chapter 2, see section 19. 8
"registered", for chapter 2, see section 19. 9
"registered training organisation", for chapter 2, see section 19. 10
"registering body", for chapter 2, see section 19. 11
"registration", for chapter 2, see section 19. 12
"restriction", for chapter 2, see section 19. 13
"scope of registration", for chapter 2, see section 19. 14
"standards for accreditation of courses", for chapter 2, see section 19. 15
"standards for registered training organisations", for chapter 2, see 16
section 19. 17
"standards for State and Territory registering and course accrediting 18
bodies", for chapter 2, see section 19. 19
"statement of attainment", for chapter 2, see section 19. 20
"this jurisdiction", for chapter 2, see section 19. 21
"training package", for chapter 2, see section 19. 22
"unit of competency", for chapter 2, see section 19. 23
"vocational education and training", for chapter 2, see section 19. 24
(5) Schedule 3, definition "information notice", `or the council'-- 25
omit, insert-- 26
`, the council or a registered training organisation'. 27
(6) Schedule 3, definition "information notice"-- 28
insert-- 29
s 54 68 s 54
Training Reform Bill 2003
`(e) other information required under this Act to be stated in the 1
notice.'. 2
(7) Schedule 3-- 3
insert-- 4
` "adverse decision about an employment exemption" see 5
section 141A(2). 6
"compulsory participation phase" see the Youth Participation in 7
Education and Training Act 2003, section 11. 8
"departmental employment skills development program" see 9
section 106C(2). 10
"employment exemption" see section 183B. 11
"non-departmental employment skills development program" see 12
section 183D(3).'. 13
54 Insertion of new attachment
Clause 14
After schedule 3-- 15
insert-- 16
`ATTACHMENT 17
`MINISTERIAL DECLARATION `STEPPING 18
FORWARD: IMPROVING PATHWAYS FOR ALL 19
YOUNG PEOPLE' 20
section 106B 21
A COMMITMENT TO THE YOUNG PEOPLE OF 22
AUSTRALIA BY MINISTERS FOR EDUCATION, 23
s 54 69 s 54
Training Reform Bill 2003
EMPLOYMENT, TRAINING, YOUTH AFFAIRS AND 1
COMMUNITY SERVICES 2
Young people make a significant contribution to Australia today and will 3
shape what it will be tomorrow. The vitality, ideas, creativity and visions of 4
all young people must be embraced. 5
The majority of young people are doing well, moving successfully through 6
the different stages of their lives and responding to the challenges of the 7
future. We can be confident that they will achieve success, find fulfilment in 8
their adult lives and make a positive contribution to this country. 9
Some young people find their journeys more difficult and challenging. 10
They may face problems in acquiring the knowledge, skills and 11
selfconfidence that form the foundations of their adult lives. We recognise 12
the emotional, physical, cultural and learning barriers faced by these young 13
people and the social, economic and locational factors that may negatively 14
impact on their lives. There are opportunities for governments to address 15
these barriers so that young people can achieve their best. 16
As Ministers entrusted with the collective wellbeing and interests of young 17
people, we must foster an environment in which young people are nurtured 18
and challenged--a society where all young people can realise their full 19
potential. We must work together to support young Australians to achieve 20
success as individuals and as members of society. We need to act 21
collectively and we need to act now. 22
VISION 23
Our vision is of an Australia where: 24
· young people benefit and flourish through sustaining networks of 25
family, friends and community, and through their engagement in 26
education, training, employment, recreation and society 27
· young people's opinions and contributions are sought and valued, 28
and they are encouraged and supported to take an active role in 29
their communities and the nation 30
s 54 70 s 54
Training Reform Bill 2003
· young people's lives are enriched by positive learning 1
experiences and opportunities that assist them to reach their full 2
potential 3
· we recognise and celebrate young people's achievements. 4
CHALLENGE 5
Our challenge is to: 6
· listen and respond to young people 7
· work creatively in partnership with young people to build 8
comprehensive networks that draw together jurisdictions, 9
government departments, families and communities so that 10
united we can address the complex issues confronting young 11
people 12
· recognise and address structural barriers faced by young people 13
· ensure that our governmental systems recognise the diversity of 14
young people through being inclusive, flexible and adaptive 15
· create effective opportunities for young people that are 16
accessible, integrated and meaningful 17
· encourage young people to take increasing responsibility for 18
their own lives, support their peers and contribute to their 19
community 20
· ensure that young people have the information, skills and support 21
needed to negotiate the transition to adult life and to make 22
informed life decisions. 23
OUR DECLARATION 24
With this declaration, we commit to developing practical ways to 25
increase the social, educational and employment outcomes of Australia's 26
young people including those who are at risk, disconnected or in vulnerable 27
circumstances. We agree to establish a common direction to make a real 28
and lasting difference to the lives of young people. We are united by a 29
shared commitment and a joint responsibility. We unanimously agree to 30
s 54 71 s 54
Training Reform Bill 2003
work in partnership towards implementing a shared vision for all young 1
people. 2
Australia's Ministers for Education, Employment, Training, Youth Affairs 3
and Community Services 4
s 55 72 s 56
Training Reform Bill 2003
1
'. 2
PART 3--AMENDMENT OF AGRICULTURAL 3
COLLEGES ACT 1994 4
55 Act amended in pt 3
Clause 5
This part amends the Agricultural Colleges Act 1994. 6
56 Insertion of new s 4A
Clause 7
Part 1-- 8
insert-- 9
s 57 73 s 57
Training Reform Bill 2003
`4A Ministerial declaration `Stepping forward: improving pathways 1
for all young people' 2
`(1) One of the objectives of this Act is to implement initiatives that are 3
consistent with the ministerial declaration `Stepping forward: improving 4
pathways for all young people'. 5
`(2) The ministerial declaration is the declaration of commitment to the 6
young people of Australia by Ministers for Education, Employment, 7
Training, Youth Affairs and Community Services endorsed in July 2002 by 8
the Ministerial Council on Education, Employment, Training and Youth 9
Affairs. 10
`(3) A copy of the declaration is set out in the attachment. 11
`(4) The attachment is not part of this Act.'. 12
57 Amendment of s 7 (Functions of college board)
Clause 13
(1) Section 7(3)(h) to (l)-- 14
renumber as section 7(3)(i) to (m). 15
(2) Section 7(3)-- 16
insert-- 17
`(h) improving the participation of young people in training by 18
attracting young people to, and supporting young people in, 19
training resulting in a qualification or statement of attainment;' 20
(3) Section 7(3)-- 21
insert-- 22
`(ha)without limiting the other training the college may provide, 23
ensuring the college provides training for young people in the 24
compulsory participation phase; 25
(hb) ensuring the community the college serves is given support, 26
advice or other help in developing services in the community that 27
faciliate better access to education and training for young people 28
in the community in the compulsory participation phase;' 29
(4) Section 7-- 30
insert-- 31
`(4) In this section-- 32
s 58 74 s 59
Training Reform Bill 2003
"qualification" see the Vocational Education, Training and Employment 1
Act 2000, section 19. 2
"statement of attainment" see the Vocational Education, Training and 3
Employment Act 2000, section 19.'. 4
(5) Section 7(4), as inserted-- 5
insert-- 6
` "compulsory participation phase" see the Youth Participation in 7
Education and Training Act 2003, section 11.'. 8
58 Amendment of s 13 (Official members)
Clause 9
Section 13(3), `subsection (2)(e)'-- 10
omit, insert-- 11
`subsection (2)(f)'. 12
59 Insertion of new attachment
Clause 13
After part 7-- 14
insert-- 15
s 59 75 s 59
Training Reform Bill 2003
`ATTACHMENT 1
`MINISTERIAL DECLARATION `STEPPING 2
FORWARD: IMPROVING PATHWAYS FOR ALL 3
YOUNG PEOPLE' 4
section 4A 5
A COMMITMENT TO THE YOUNG PEOPLE OF 6
AUSTRALIA BY MINISTERS FOR EDUCATION, 7
EMPLOYMENT, TRAINING, YOUTH AFFAIRS AND 8
COMMUNITY SERVICES 9
Young people make a significant contribution to Australia today and will 10
shape what it will be tomorrow. The vitality, ideas, creativity and visions of 11
all young people must be embraced. 12
The majority of young people are doing well, moving successfully through 13
the different stages of their lives and responding to the challenges of the 14
future. We can be confident that they will achieve success, find fulfilment in 15
their adult lives and make a positive contribution to this country. 16
Some young people find their journeys more difficult and challenging. 17
They may face problems in acquiring the knowledge, skills and 18
selfconfidence that form the foundations of their adult lives. We recognise 19
the emotional, physical, cultural and learning barriers faced by these young 20
people and the social, economic and locational factors that may negatively 21
impact on their lives. There are opportunities for governments to address 22
these barriers so that young people can achieve their best. 23
As Ministers entrusted with the collective wellbeing and interests of young 24
people, we must foster an environment in which young people are nurtured 25
and challenged--a society where all young people can realise their full 26
potential. We must work together to support young Australians to achieve 27
success as individuals and as members of society. We need to act 28
collectively and we need to act now. 29
s 59 76 s 59
Training Reform Bill 2003
VISION 1
Our vision is of an Australia where: 2
· young people benefit and flourish through sustaining networks of 3
family, friends and community, and through their engagement in 4
education, training, employment, recreation and society 5
· young people's opinions and contributions are sought and valued, 6
and they are encouraged and supported to take an active role in 7
their communities and the nation 8
· young people's lives are enriched by positive learning 9
experiences and opportunities that assist them to reach their full 10
potential 11
· we recognise and celebrate young people's achievements. 12
CHALLENGE 13
Our challenge is to: 14
· listen and respond to young people 15
· work creatively in partnership with young people to build 16
comprehensive networks that draw together jurisdictions, 17
government departments, families and communities so that 18
united we can address the complex issues confronting young 19
people 20
· recognise and address structural barriers faced by young people 21
· ensure that our governmental systems recognise the diversity of 22
young people through being inclusive, flexible and adaptive 23
· create effective opportunities for young people that are 24
accessible, integrated and meaningful 25
· encourage young people to take increasing responsibility for 26
their own lives, support their peers and contribute to their 27
community 28
· ensure that young people have the information, skills and support 29
needed to negotiate the transition to adult life and to make 30
informed life decisions. 31
s 59 77 s 59
Training Reform Bill 2003
OUR DECLARATION 1
With this declaration, we commit to developing practical ways to 2
increase the social, educational and employment outcomes of Australia's 3
young people including those who are at risk, disconnected or in vulnerable 4
circumstances. We agree to establish a common direction to make a real 5
and lasting difference to the lives of young people. We are united by a 6
shared commitment and a joint responsibility. We unanimously agree to 7
work in partnership towards implementing a shared vision for all young 8
people. 9
Australia's Ministers for Education, Employment, Training, Youth Affairs 10
and Community Services 11
s 60 78 s 60
Training Reform Bill 2003
1
'. 2
PART 4--CONSEQUENTIAL AMENDMENTS 3
60 Amended legislation--schedule
Clause 4
The schedule amends the legislation mentioned in it. 5
79
Training Reform Bill 2003
SCHEDULE 1
AMENDED LEGISLATION 2
section 60 3
AGRICULTURAL COLLEGES ACT 1994 4
1 Section 3, definition "accredited", `Training and Employment 5
Act 2000'-- 6
omit, insert-- 7
`Vocational Education, Training and Employment Act 2000'. 8
2 Section 3, definition "registered training organisation"-- 9
omit, insert-- 10
` "registered training organisation" means a training organisation under 11
the Vocational Education, Training and Employment Act 2000.'. 12
3 Section 3, definition "TAFE institute", `Training and Employment 13
Act 2000'-- 14
omit, insert-- 15
`Vocational Education, Training and Employment Act 2000'. 16
4 Section 39(3), footnote, `Training and Employment Act 2000'-- 17
omit, insert-- 18
`Vocational Education, Training and Employment Act 2000'. 19
80
Training Reform Bill 2003
SCHEDULE (continued)
ANTI-DISCRIMINATION ACT 1991 1
1 Schedule, definition "work", paragraph (ea), `Training and 2
Employment Act 2000'-- 3
omit, insert-- 4
`Vocational Education, Training and Employment Act 2000'. 5
CHARITABLE AND NON-PROFIT GAMING ACT 1999 6
1 Section 10(5), definition "educational purpose", paragraph (a)(i), 7
`Training and Employment Act 2000'-- 8
omit, insert-- 9
`Vocational Education, Training and Employment Act 2000'. 10
CRIMINAL LAW (REHABILITATION OF OFFENDERS) 11
ACT 1986 12
1 Section 9A(1), table, column 1, item 7, `Training and Employment 13
Act 2000', both mentions-- 14
omit, insert-- 15
`Vocational Education, Training and Employment Act 2000'. 16
DRUG REHABILITATION (COURT DIVERSION) 17
REGULATION 2000 18
1 Schedule 4, definition "chief executive (State colleges)"-- 19
omit, insert-- 20
` "chief executive (State colleges)" means the chief executive of the 21
department within which the Vocational Education, Training and 22
Employment Act 2000 is administered.'. 23
81
Training Reform Bill 2003
SCHEDULE (continued)
EDUCATION (ACCREDITATION OF NON-STATE 1
SCHOOLS) ACT 2001 2
1 Section 6(2)(d) and footnote, `Training and Employment 3
Act 2000'-- 4
omit, insert-- 5
`Vocational Education, Training and Employment Act 2000'. 6
EDUCATION (QUEENSLAND STUDIES AUTHORITY) 7
ACT 2002 8
1 Section 14(a)-- 9
omit, insert-- 10
`(a) to exercise powers delegated to the authority, by the Training and 11
Employment Recognition Council, under the Vocational 12
Education, Training and Employment Act 2000, section 186;57'. 13
2 Section 15(f)(ii) and (viii), `Training and Employment Act 2000'-- 14
omit, insert-- 15
`Vocational Education, Training and Employment Act 2000'. 16
3 Section 74-- 17
omit, insert-- 18
`74 Authority's annual report 19
`In the authority's annual report for a financial year, the authority must 20
include details of any powers delegated by the Training and Employment 21
57 Vocational Education, Training and Employment Act 2000, section 186 (Delegation
by council)
82
Training Reform Bill 2003
SCHEDULE (continued)
Recognition Council to the authority, in the financial year, under the 1
Vocational Education, Training and Employment Act 2000, section 186.58'. 2
4 Schedule 2, definition "vocational education and training 3
department", `Training and Employment Act 2000'-- 4
omit, insert-- 5
`Vocational Education, Training and Employment Act 2000'. 6
EDUCATION (WORK EXPERIENCE) ACT 1996 7
1 Section 5(1)(f) and (g), `Training and Employment Act 2000'-- 8
omit, insert-- 9
`Vocational Education, Training and Employment Act 2000'. 10
2 Section 11, `Training and Employment Act 2000'-- 11
omit, insert-- 12
`Vocational Education, Training and Employment Act 2000'. 13
ELECTRICAL SAFETY ACT 2002 14
1 Schedule 2, definition "Training and Employment Act", `Training 15
and Employment Act 2000'-- 16
omit, insert-- 17
`Vocational Education, Training and Employment Act 2000'. 18
58 Vocational Education, Training and Employment Act 2000, section 186 (Delegation
by council)
83
Training Reform Bill 2003
SCHEDULE (continued)
ELECTRICAL SAFETY REGULATION 2002 1
1 Sections 34 to 38, `Training and Employment Act 2000'-- 2
omit, insert-- 3
`Vocational Education, Training and Employment Act 2000'. 4
2 Section 53(2)(c), `Training and Employment Act 2000'-- 5
omit, insert-- 6
`Vocational Education, Training and Employment Act 2000'. 7
3 Section 209(4), definition "training person", paragraph (a), 8
`Training and Employment Act 2000'-- 9
omit, insert-- 10
`Vocational Education, Training and Employment Act 2000'. 11
ENVIRONMENTAL PROTECTION REGULATION 1998 12
1 Section 6D, definition "educational institution", paragraph (b), 13
`Training and Employment Act 2000'-- 14
omit, insert-- 15
`Vocational Education, Training and Employment Act 2000'. 16
HEALTH (DRUGS AND POISONS) REGULATION 1996 17
1 Appendix 9, definition "hospital pharmaceutical assistant", 18
paragraph (a), `Training and Employment Act 2000'-- 19
omit, insert-- 20
`Vocational Education, Training and Employment Act 2000'. 21
84
Training Reform Bill 2003
SCHEDULE (continued)
2 Appendix 9, definition "registered training organisation"-- 1
omit, insert-- 2
` "registered training organisation" means a registered training 3
organisation under the Vocational Education, Training and 4
Employment Act 2000.'. 5
3 Appendix 9, definition "statement of attainment" from `Training 6
and Employment Act 2000'-- 7
omit, insert-- 8
`Vocational Education, Training and Employment Act 2000, 9
section 19.59'. 10
INDUSTRIAL RELATIONS ACT 1999 11
1 Section 5(2), `Training and Employment Act 2000'-- 12
omit, insert-- 13
`Vocational Education, Training and Employment Act 2000'. 14
2 Section 138A(4)-- 15
omit, insert-- 16
`(4) However, subsection (1) does not apply if section 139A applies.'. 17
59 Vocational Education, Training and Employment Act 2000, section 19--
"statement of attainment" means formal certification in the vocational education and
training sector by a registered training organisation under the AQF that a person has
achieved--
(a) part of a qualification; or
(b) one or more units of competency from a nationally endorsed training package;
or
(c) all the units of competency or modules comprising learning outcomes for an
accredited course that does not meet the requirements for a qualification.
85
Training Reform Bill 2003
SCHEDULE (continued)
3 Section 138A(5), definition "probationary period"-- 1
omit, insert-- 2
` "probationary period" means the probationary period decided by the 3
Training and Employment Recognition Council under the Vocational 4
Education, Training and Employment Act 2000.'. 5
4 Section 139(2), `Training and Employment Act 2000'-- 6
omit, insert-- 7
`Vocational Education, Training and Employment Act 2000'. 8
5 After section 139-- 9
insert-- 10
`139A Reinstatement to previous position 11
`(1) This section applies if-- 12
(a) an apprenticeship or traineeship is started with an employer; and 13
(b) immediately before the apprenticeship or traineeship started, the 14
person training as the apprentice or trainee was employed in a 15
position (the "previous position") by the employer; and 16
(c) any of the following events happen-- 17
(i) the Training and Employment Recognition Council refuses 18
to register the person's training contract; 19
(ii) the training contract is cancelled; 20
(iii) the apprenticeship or traineeship ends before the 21
probationary period for the apprenticeship or traineeship 22
ends; 23
(iv) the person completes the apprenticeship or traineeship. 24
`(2) The person is taken to be immediately reinstated with the employer 25
in the person's previous position. 26
86
Training Reform Bill 2003
SCHEDULE (continued)
`(3) The reinstated person is not excluded from the operation of 1
chapter 360 only because of the apprenticeship or traineeship. 2
3
Example--
4
If the reinstated person is dismissed, section 73(1)61 may apply to the reinstated person
5
despite section 72(1)(f).'.
6 Section 140A(5), definition "vocational placement scheme", 6
`Training and Employment Act 2000'-- 7
omit, insert-- 8
`Vocational Education, Training and Employment Act 2000'. 9
7 Section 350(3)(a)(ii), `Training and Employment Act 2000'-- 10
omit, insert-- 11
`Vocational Education, Training and Employment Act 2000'. 12
8 Section 391(2)(b), `Training and Employment Act 2000'-- 13
omit, insert-- 14
`Vocational Education, Training and Employment Act 2000'. 15
9 Section 392(4), definition "supervised training", `Training and 16
Employment Act 2000'-- 17
omit, insert-- 18
`Vocational Education, Training and Employment Act 2000'. 19
60 Chapter 3 (Dismissals)
61 Section 73 (When is a dismissal unfair)
87
Training Reform Bill 2003
SCHEDULE (continued)
10 Schedule 5, definitions "apprentice" and "trainee" and footnotes, 1
`Training and Employment Act 2000'-- 2
omit, insert-- 3
`Vocational Education, Training and Employment Act 2000'. 4
11 Schedule 5, definitions "apprenticeship", "approving authority", 5
"group training organisation", "traineeship" and "young 6
employee", `Training and Employment Act 2000'-- 7
omit, insert-- 8
`Vocational Education, Training and Employment Act 2000'. 9
12 Schedule 5, definition "Training Recognition Council"-- 10
omit, insert-- 11
` "Training Recognition Council" means the Training and Employment 12
Recognition Council established under the Vocational Education, 13
Training and Employment Act 2000, section 167.'. 14
INDUSTRIAL RELATIONS (TRIBUNALS) RULES 2000 15
1 Rule 78 and footnote, `Training and Employment Act 2000'-- 16
omit, insert-- 17
`Vocational Education, Training and Employment Act 2000'. 18
2 Rule 108(c) and footnote, `Training and Employment Act 2000'-- 19
omit, insert-- 20
`Vocational Education, Training and Employment Act 2000'. 21
88
Training Reform Bill 2003
SCHEDULE (continued)
3 Rule 109(1), `Training and Employment Act 2000'-- 1
omit, insert-- 2
`Vocational Education, Training and Employment Act 2000'. 3
4 Rule 110(1) and footnote, `Training and Employment Act 2000'-- 4
omit, insert-- 5
`Vocational Education, Training and Employment Act 2000'. 6
5 Rule 112(1)(a), `Training and Employment Act 2000'-- 7
omit, insert-- 8
`Vocational Education, Training and Employment Act 2000'. 9
6 Schedule 2, definition "council"-- 10
omit, insert-- 11
` "council" means the Training and Employment Recognition Council 12
established under the Vocational Education, Training and 13
Employment Act 2000, section 167.'. 14
PAY-ROLL TAX ACT 1971 15
1 Section 10(2)(j), `Training and Employment Act 2000'-- 16
omit, insert-- 17
`Vocational Education, Training and Employment Act 2000'. 18
89
Training Reform Bill 2003
SCHEDULE (continued)
PROSTITUTION REGULATION 2000 1
1 Schedule 1, `Training and Employment Act 2000'-- 2
omit, insert-- 3
`Vocational Education, Training and Employment Act 2000'. 4
PUBLIC SECTOR ETHICS ACT 1994 5
1 Schedule, definition "TAFE institute" and footnote, `Training and 6
Employment Act 2000'-- 7
omit, insert-- 8
`Vocational Education, Training and Employment Act 2000'. 9
QUEENSLAND BUILDING SERVICES AUTHORITY 10
REGULATION 1992 11
1 Section 3, definitions "recognition certificate" and "Training and 12
Employment Board" and footnotes, `Training and Employment 13
Act 2000'-- 14
omit, insert-- 15
`Vocational Education, Training and Employment Act 2000'. 16
2 Section 3, definition "registered training organisation"-- 17
omit, insert-- 18
` "registered training organisation" means a registered training 19
organisation under the Vocational Education, Training and 20
Employment Act 2000.'. 21
90
Training Reform Bill 2003
SCHEDULE (continued)
SEWERAGE AND WATER SUPPLY ACT 1949 1
1 Sections 6(1)(b) and 21(2)(b), `Training and Employment 2
Act 2000'-- 3
omit, insert-- 4
`Vocational Education, Training and Employment Act 2000'. 5
SUPERANNUATION (STATE PUBLIC SECTOR) 6
NOTICE 2000 7
1 Schedule, column 1, `Training and Employment Act 2000'-- 8
omit, insert-- 9
`Vocational Education, Training and Employment Act 2000'. 10
SUPERANNUATION (STATE PUBLIC SECTOR) 11
REGULATION 1996 12
1 Schedule, entry starting `an industry training advisory body'-- 13
omit, insert-- 14
`an industry training advisory body under the Vocational Education, 15
Training and Employment Act 2000;'. 16
TRANSPORT OPERATIONS (ROAD USE 17
MANAGEMENT) REGULATION 1995 18
1 Section 33R, `Training and Employment Act 2000'-- 19
omit, insert-- 20
`Vocational Education, Training and Employment Act 2000'. 21
91
Training Reform Bill 2003
SCHEDULE (continued)
2 Section 34, definition "council"-- 1
omit, insert-- 2
` "council" means the Training and Employment Recognition Council 3
established under the Vocational Education, Training and 4
Employment Act 2000, section 167.'. 5
3 Section 34, definition "registered training organisation", `Training 6
and Employment Act 2000'-- 7
omit, insert-- 8
`Vocational Education, Training and Employment Act 2000'. 9
4 Section 39(2)(b)(iii), `Training and Employment Act 2000'-- 10
omit, insert-- 11
`Vocational Education, Training and Employment Act 2000'. 12
5 Section 40(2)(b)(ii), `Training and Employment Act 2000'-- 13
omit, insert-- 14
`Vocational Education, Training and Employment Act 2000'. 15
WHISTLEBLOWERS PROTECTION ACT 1994 16
1 Schedule 6, definition "TAFE institute" and footnote, `Training 17
and Employment Act 2000'-- 18
omit, insert-- 19
`Vocational Education, Training and Employment Act 2000'. 20
92
Training Reform Bill 2003
SCHEDULE (continued)
WORKERS' ACCOMMODATION ACT 1952 1
1 Section 4, definition "worker", paragraph (b), `Training and 2
Employment Act 2000'-- 3
omit, insert-- 4
`Vocational Education, Training and Employment Act 2000'. 5
WORKERS' COMPENSATION AND REHABILITATION 6
ACT 2003 7
1 Section 22(4), definition "registered training organisation"-- 8
omit, insert-- 9
` "registered training organisation" means a registered training 10
organisation under the Vocational Education, Training and 11
Employment Act 2000.'. 12
2 Section 22(4), definition "vocational placement" and footnote, 13
`Training and Employment Act 2000'-- 14
omit, insert-- 15
`Vocational Education, Training and Employment Act 2000'. 16
3 Schedule 6, definitions "contract of service" and "group training 17
organisation", `Training and Employment Act 2000'-- 18
omit, insert-- 19
`Vocational Education, Training and Employment Act 2000'. 20
93
Training Reform Bill 2003
SCHEDULE (continued)
WORKPLACE HEALTH AND SAFETY ACT 1995 1
1 Section 10(4), definitions "apprentice", "group training 2
organisation" and "trainee", `Training and Employment 3
Act 2000'-- 4
omit, insert-- 5
`Vocational Education, Training and Employment Act 2000'. 6
7
© State of Queensland 2003
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