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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
VOCATIONAL EDUCATION
AND TRAINING (INDUSTRY
PLACEMENT) BILL 1992
Queensland
VOCATIONAL EDUCATION AND
TRAINING (INDUSTRY PLACEMENT)
BILL 1992
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Act binds Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Certain laws not to apply to students obtaining industry placement . . . . . . 6
PART 2--BASIC CONCEPTS
7 Meaning of "approved training scheme" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Meaning of "industry placement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Meaning of "industry placement person" . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Meaning of "industry placement student" . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Meaning of "vocational placement agreement" . . . . . . . . . . . . . . . . . . . . . . 7
12 Meaning of "vocational training agreement" . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--INDUSTRY PLACEMENT
13 Restriction on industry placement under an approved training
scheme that is for more than 240 hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Fixing of rates of pay and terms of employment by Industrial
Relations Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15 Conditions of industry placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Students with disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Amendment and cancellation of agreements . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Vocational Education and Training (Industry
Placement)
18 Party to an unpaid industry placement not an employer . . . . . . . . . . . . . . . 11
19 Workers' compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 4--MISCELLANEOUS
21 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 Amendment of Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . 13
1992
A BILL
FOR
An Act to provide for industry placement of students in structured
vocational education and training programs, and for related
purposes
4
Vocational Education and Training (Industry
Placement)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
This Act may be cited as the Vocational Education and Training 6
Clause1.
(Industry Placement) Act 1992. 7
8
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 9
of Act 10
Object
The object of this Act is to provide for industry placement of 11
Clause3.
students in structured vocational education and training programs. 12
13
Definitions
In this Act-- 14
Clause4.
"approved training scheme" has the meaning given by section 7; 15
"authorised person" has the same meaning as in the Vocational 16
Education, Training and Employment Act 1991; 17
"college" means-- 18
(a) a secondary school, or special school, that is a State school for the 19
purposes of the Education (General Provisions) Act 1989; or 20
(b) a secondary school, or special school, that is a non-State school 21
for the purposes of the Education (General Provisions) Act 1989; 22
or 23
5
Vocational Education and Training (Industry
Placement)
(c) a special education unit administered by the department that deals 1
with matters arising under the Education (General Provisions) 2
Act 1989; or 3
(d) a State college within the meaning of the Vocational Education, 4
Training and Employment Act 1991; or 5
(e) a rural training school within the meaning of the Rural Training 6
Schools Act 1965; or 7
(f) an approved training organisation recognised under section 3.1 of 8
the Vocational Education, Training and Employment Act 1991; 9
or 10
(g) any other person or body prescribed by regulation for the 11
purposes of this definition; 12
"Commissioner for Training" has the same meaning as in the Vocational 13
Education, Training and Employment Act 1991; 14
"Council" means the State Training Council established under the 15
Vocational Education, Training and Employment Act 1991; 16
"director" means the person in charge (by whatever name called) of a 17
college; 18
"disability" has the same meaning as in the Disability Services Act 1992; 19
"industry placement" has the meaning given by section 8; 20
"industry placement person" has the meaning given by section 9; 21
"industry placement student" has the meaning given by section 10; 22
"law" includes an award, industrial agreement or determination made under 23
the Industrial Relations Act 1990; 24
"student" means an individual who is enrolled in a college and is-- 25
(a) 15 years of age or more; or 26
(b) 14 years of age and approved by the Council; 27
"vocational placement agreement" has the meaning given by section 11; 28
"vocational training agreement" has the meaning given by section 12. 29
6
Vocational Education and Training (Industry
Placement)
ct binds Crown 1
A
This Act binds the Crown in right of the State and, so far as the 2
Clause5.
legislative power of the Parliament permits, the Crown in all its other 3
capacities. 4
laws not to apply to students obtaining industry placement 5
Certain
Any Act or law (other than the Anti-Discrimination Act 1991) 6
Clause6.(1)
relating to the prohibition or regulation of the employment of persons who 7
are under 21 years of age does not apply to an industry placement student. 8
(2) However, if an Act or law prohibits the employment or regulates the 9
working conditions of persons-- 10
(a) of less than, or not more than, a specified age expressed as a 11
number of years; or 12
(b) of a particular sex; or 13
(c) who do not have particular qualifications; 14
in any process, business or occupation, or any branch of a process, business 15
or occupation, subsection (1) does not permit a person to do anything 16
contrary to that Act or law. 17
(3) Without limiting subsection (2) and despite section 18, the Workplace 18
Health and Safety Act 1989 applies to the industry placement of a student 19
and, for that purpose-- 20
(a) the student is taken to be an employee; and 21
(b) the relevant industry placement person is taken to be an employer. 22
(4) Section 3.10 of the Vocational Education, Training and Employment 23
Act 1991 does not apply to the industry placement of a student in an 24
apprenticeship calling. 25
7
Vocational Education and Training (Industry
Placement)
ART 2--BASIC CONCEPTS 1
P
of "approved training scheme" 2
Meaning
An "approved training scheme" is a training scheme, approved 3
Clause7.
by the Council, whose purpose is to meet that part of a college's course 4
curriculum that requires a student of the college to undertake 1 or more 5
industry placements to satisfy the practical training and experience 6
requirements of the course. 7
of "industry placement" 8
Meaning
An "industry placement" is a placement, under an approved 9
Clause8.
training scheme, of a student with an industry placement person for the 10
purpose of providing practical training and experience as part of the 11
student's studies. 12
of "industry placement person" 13
Meaning
An "industry placement person" is a person, body, 14
Clause9.(1)
department or authority of the State or the Commonwealth, or local 15
authority, that is approved by the director of a college to provide industry 16
placement for a student. 17
(2) The director may approve an industry placement person only if, in the 18
director's opinion, the person, body, department or authority is suitable to 19
provide industry placement for a student. 20
of "industry placement student" 21
Meaning
An "industry placement student" is a student who is the 22
Clause10.
subject of an industry placement. 23
of "vocational placement agreement" 24
Meaning
A "vocational placement agreement" is a written agreement 25
Clause11.
made between a director and an industry placement person for the industry 26
placement of a student under an approved training scheme that is for 240 27
8
Vocational Education and Training (Industry
Placement)
hours or less. 1
of "vocational training agreement" 2
Meaning
A "vocational training agreement" is a written agreement 3
Clause12.(1)
made between a student and an industry placement person for the industry 4
placement of the student under an approved training scheme that is for more 5
than 240 hours. 6
(2) A vocational training agreement must-- 7
(a) contain the prescribed particulars; and 8
(b) be approved by the Council. 9
ART 3--INDUSTRY PLACEMENT 10
P
on industry placement under an approved training 11
Restriction
scheme that is for more than 240 hours 12
Subject to section 16, the industry placement of a student under 13
Clause13.
an approved training scheme that is for more than 240 hours is subject to 14
the following conditions-- 15
(a) the industry placement must take place under a vocational training 16
agreement; 17
(b) the Industrial Relations Commission must have made an order 18
under section 14 that applies to the student. 19
of rates of pay and terms of employment by Industrial 20
Fixing
Relations Commission 21
An authorised person may apply to the Industrial Relations 22
Clause14.(1)
Commission for an order that fixes, in relation to an industry placement 23
under an approved training scheme that is for more than 240 hours-- 24
(a) the appropriate rate of wage payable to an industry placement 25
9
Vocational Education and Training (Industry
Placement)
student; and 1
(b) other terms of employment of an industry placement student. 2
(2) The authorised person may include in the application an approved 3
training scheme in which the authorised person does not have an interest. 4
(3) The Council and any other authorised person may make submissions 5
to the Commission on the application. 6
(4) The Commission may fix a rate of wage by reference to any 1 or 7
more of the following-- 8
(a) a rate of wage payable under an award or industrial agreement to 9
a classification of employee that the Commission considers 10
appropriate; 11
(b) a percentage of such a rate; 12
(c) the stage of training of an industry placement student; 13
(d) such other factors as the Commission considers appropriate, 14
including factors submitted by the Council. 15
(5) The Commission may fix other terms of employment by reference to 16
any 1 or more of the following-- 17
(a) terms of an award or industrial agreement in relation to a 18
classification of employee that the Commission considers 19
appropriate; 20
(b) terms prescribed by the Industrial Relations Act 1990; 21
(c) such other factors as the Commission considers appropriate, 22
including factors submitted by the Council. 23
(6) The rate of wage and other terms of employment fixed by the 24
Commission are the minimum rate of wage payable, and other minimum 25
terms applicable, to an industry placement student in relation to the industry 26
placement concerned. 27
of industry placement 28
Conditions
Clause15.(1) Industry placement is subject to the following conditions-- 29
(a) if a student is under 18 years--an industry placement may be 30
10
Vocational Education and Training (Industry
Placement)
made only with the written consent of the student's parent or 1
guardian; 2
(b) a student must not be provided with unpaid industry placement 3
for more than 240 hours under a single approved training 4
scheme; 5
(c) an industry placement of 240 hours or less must start and finish 6
within the academic year of the college attended by the student 7
concerned; 8
(d) an industry placement person must not, at any time, provide more 9
than the permitted number of students with industry placement; 10
(e) an industry placement student must not perform unpaid work for 11
more than, or outside, the ordinary working hours for the 12
performance of that work or in any way contrary to the terms 13
provided for in awards or industrial agreements that are applicable 14
to the workplace concerned. 15
(2) In subsection (1)(d)-- 16
"permitted number" of students means the number-- 17
(a) equal to the maximum number of individuals, suitably qualified 18
in the particular area covered by the industry placement who, 19
from time to time, are in the full-time employment of the industry 20
placement person; or 21
(b) if the Commissioner for Training considers that special 22
circumstances exist--the number approved by the 23
Commissioner. 24
with disabilities 25
Students
The Council may suspend the operation of any conditions 26
Clause16.(1)
mentioned in section 13 or 15 (1)(b), (c), (d) or (e) in relation to a student 27
with a disability. 28
(2) The Council must not act in a way that is inconsistent with the 29
Anti-Discrimination Act 1991. 30
11
Vocational Education and Training (Industry
Placement)
and cancellation of agreements 1
Amendment
Clause17.(1) A vocational placement agreement-- 2
(a) may be amended by a further vocational placement agreement; 3
and 4
(b) may be cancelled at any time by written notice given-- 5
(i) by the industry placement person to the director; or 6
(ii) by the director to the industry placement person. 7
(2) A vocational training agreement-- 8
(a) may be amended by a further vocational training agreement; and 9
(b) may be cancelled by the Council on its own initiative or on 10
application by-- 11
(i) the industry placement student; or 12
(ii) the industry placement person; or 13
(iii) the director of the student's college. 14
(3) Written notice of the cancellation of a vocational training agreement 15
must be given to the industry placement student and to the industry 16
placement person. 17
to an unpaid industry placement not an employer 18
Party
Clause18. An industry placement person that is a party to an unpaid industry 19
placement of a student is taken not to be the employer of the student. 20
compensation 21
Workers'
Clause19. The college attended by a student who is the subject of an unpaid 22
industry placement must provide the student with workers' compensation 23
cover under the Workers' Compensation Act 1990. 24
from liability 25
Protection
The college attended by a student who is the subject of an 26
Clause20.(1)
12
Vocational Education and Training (Industry
Placement)
unpaid industry placement must obtain the following indemnity insurance 1
cover-- 2
(a) cover for the industry placement person providing the industry 3
placement against-- 4
(i) proceedings for damages brought by the student for injury to 5
the student, or loss of or damage to the student's property, 6
arising out of the industry placement; and 7
(ii) loss of or damage to the industry placement person's 8
property caused by the student during the industry 9
placement; 10
(b) cover for the student against proceedings for damages brought by 11
the industry placement person, an employee or agent of the 12
industry placement person, or another person for injury to a 13
person, or loss of or damage to property, arising out of the 14
industry placement. 15
(2) The maximum amount payable under a policy mentioned in 16
subsection (1) in respect of a single claim or action relating to an injury, loss 17
or damage is limited to $2 000 000. 18
ART 4--MISCELLANEOUS 19
P
20
Delegation
The Council may delegate its powers under this Act to the 21
Clause21.
Commissioner for Training or any director. 22
23
Regulations
The Governor in Council may make regulations for the purposes 24
Clause22.
of this Act. 25
13
Vocational Education and Training (Industry
Placement)
of Anti-Discrimination Act 1991 1
Amendment
The Anti-Discrimination Act 1991 is amended as set out in 2
Clause23.(1)
subsection (2). 3
(2) Section 4 (definition "work", after paragraph (e))-- 4
insert-- 5
`(ea) work under an industry placement under the Vocational 6
Education and Training (Industry Placement) Act 1992;'. 7
8
© State of Queensland 1992
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