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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Vocational Education, Training
and Employment Amendment
Bill 2004
Queensland
Vocational Education, Training and
Employment Amendment Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Vocational Education, Training and
Employment Act 2000
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 28 (Term of registration) . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 32 (Amending, suspending or cancelling
registration without application on particular grounds) . . . . . . . . . 6
6 Amendment of s 37 (Audit of training organisation registered
by the council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 38 (Audit of training organisation registered
by another registering body). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Replacement of s 108 (Applying for recognition of vocational
placement scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
108 Applying for recognition of vocational placement
scheme ................................ 7
9 Amendment of ch 5 hdg (Ombudsman, board and council) . . . . . 7
10 Omission of ch 5, pt 2 (Training and employment board) . . . . . . . 8
11 Amendment of s 168 (Council's functions) . . . . . . . . . . . . . . . . . . 8
12 Replacement of s 169 (Council subject to Minister and board) . . 8
169 Council subject to Minister . . . . . . . . . . . . . . . . . . . . . 8
13 Amendment of s 170 (Council membership) . . . . . . . . . . . . . . . . 9
14 Replacement of s 187 (Establishing committees) . . . . . . . . . . . . 9
187 Establishing committees. . . . . . . . . . . . . . . . . . . . . . . 9
15 Amendment of s 188 (Chief executive to help council). . . . . . . . . 10
16 Replacement of s 189 (Council to comply with approved
guidelines) ...................................... 10
2
Vocational Education, Training and Employment
Amendment Bill 2004
189 Approved guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Insertion of new s 190A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
190A Report on council's operations . . . . . . . . . . . . . . . . . . 10
18 Amendment of s 194 (TAFE institute council's functions). . . . . . . 11
19 Amendment of s 196 (Composition of TAFE institute council) . . . 11
20 Omission of ch 6, pt 3 (College councils) . . . . . . . . . . . . . . . . . . . 11
21 Amendment of s 218 (Recognition of industry training advisory
bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 Amendment of s 219 (Role of industry training advisory bodies) 12
23 Amendment of s 220 (Withdrawal of recognition). . . . . . . . . . . . . 12
24 Amendment of s 221 (Recognition of group training
organisation) ................................... 12
25 Amendment of s 223 (Withdrawal of recognition). . . . . . . . . . . . . 12
26 Amendment of s 225 (Starting appeals). . . . . . . . . . . . . . . . . . . . 13
27 Amendment of s 227 (Hearing procedures) . . . . . . . . . . . . . . . . . 13
28 Amendment of s 228 (Powers of court on appeal) . . . . . . . . . . . . 13
29 Amendment of s 277 (False or misleading statements to official) 13
30 Amendment of s 282 (Disclosure of interests by member of
disclosure body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
31 Amendment of s 289 (Evidentiary provisions) . . . . . . . . . . . . . . . 14
32 Amendment of s 290 (Protection from liability). . . . . . . . . . . . . . . 14
33 Insertion of new ch 10, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 4 Transitional provisions for Vocational
Education, Training and Employment
Amendment Act 2004
Division 1 Provisions about Training and Employment
Board
334 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
335 Dissolution of Training and Employment Board . . . . . 15
336 References to board taken to be references to
council .............................. 15
337 Existing decisions of board. . . . . . . . . . . . . . . . . . . . . 15
338 Continuation of recognition of group training
organisation and industry training advisory body . . . . 15
339 Applications for recognition of group training
organisation or industry training advisory body . . . . . 16
340 Remission of matters by magistrates court to board . 16
Division 2 Provision about TAFE institute council
3
Vocational Education, Training and Employment
Amendment Bill 2004
341 Appointed members of TAFE institute council
continue despite amendment of s 196(1)(a). . . . . . . . 16
Division 3 Provision about TAFE institute college council
342 Dissolution of college councils . . . . . . . . . . . . . . . . . . 17
Division 4 Transitional provision for vocational placement
scheme
343 Application for recognition of vocational placement
scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
34 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 3 Consequential amendment of Industrial Relations Act 1999
35 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
36 Insertion of new ch 20, pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 18
37 Insertion of new ch 20, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 2 Transitional provision for Vocational Education,
Training and Employment Amendment Act
2004
734 Continuation of decisions made by approving
authority ............................. 19
38 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 19
2004
A Bill
for
An Act to amend the Vocational Education, Training and
Employment Act 2000, and for other purposes
s1 6 s5
Vocational Education, Training and Employment
Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Vocational Education, Training 4
and Employment Amendment Act 2004. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Vocational 8
Education, Training and 9
Employment Act 2000 10
Clause 3 Act amended in pt 2 11
This part amends the Vocational Education, Training and 12
Employment Act 2000. 13
Clause 4 Amendment of s 28 (Term of registration) 14
Section 28-- 15
insert-- 16
`(2) A regulation may provide for an annual registration fee to be 17
paid for each year, or part of a year, of the registration's term.'. 18
Clause 5 Amendment of s 32 (Amending, suspending or cancelling 19
registration without application on particular grounds) 20
Section 32(3)-- 21
s6 7 s9
Vocational Education, Training and Employment
Amendment Bill 2004
insert-- 1
`(c) the training organisation has not paid the annual 2
registration fee under section 28(2).'. 3
Clause 6 Amendment of s 37 (Audit of training organisation 4
registered by the council) 5
Section 37-- 6
insert-- 7
`(3) A regulation may require the training organisation to pay the 8
council a fee for the conduct of the compliance audit.'. 9
Clause 7 Amendment of s 38 (Audit of training organisation 10
registered by another registering body) 11
Section 38-- 12
insert-- 13
`(4) A regulation may require the training organisation to pay the 14
council a fee for the conduct of the compliance audit.'. 15
Clause 8 Replacement of s 108 (Applying for recognition of 16
vocational placement scheme) 17
Section 108-- 18
omit, insert-- 19
`108 Applying for recognition of vocational placement 20
scheme 21
`(1) A registered training organisation may apply to the council to 22
recognise a vocational placement scheme. 23
`(2) The application must be in the approved form and 24
accompanied by the prescribed fee.'. 25
Clause 9 Amendment of ch 5 hdg (Ombudsman, board and 26
council) 27
Chapter 5, heading, `, board'-- 28
omit. 29
s 10 8 s 12
Vocational Education, Training and Employment
Amendment Bill 2004
Clause 10 Omission of ch 5, pt 2 (Training and employment board) 1
Chapter 5, part 2-- 2
omit. 3
Clause 11 Amendment of s 168 (Council's functions) 4
(1) Section 168(1)(b), `board'-- 5
omit, insert-- 6
`Minister'. 7
(2) Section 168(1)(k)-- 8
omit, insert-- 9
`(k) to provide up-to-date and strategic advice to the 10
Minister on-- 11
(i) current vocational education and training issues 12
and strategies; and 13
(ii) current employment issues and strategies as they 14
relate to vocational education and training; 15
(l) to recognise industry training advisory bodies and group 16
training organisations; 17
(m) to perform the functions of an approving authority under 18
the Industrial Relations Act 1999 and the Workplace 19
Relations Act 1996 (Cwlth); 20
(n) to make recommendations to the Minister about 21
guidelines for the council about matters arising from the 22
performance of the council's functions; 23
(o) to perform other functions requested by the Minister.'. 24
Clause 12 Replacement of s 169 (Council subject to Minister and 25
board) 26
Section 169-- 27
omit, insert-- 28
`169 Council subject to Minister 29
`(1) The council is subject to the Minister. 30
s 13 9 s 14
Vocational Education, Training and Employment
Amendment Bill 2004
`(2) The council must comply with the Minister's signed 1
directions about exercising its powers or performing its 2
functions.'. 3
Clause 13 Amendment of s 170 (Council membership) 4
(1) Section 170-- 5
insert-- 6
`(4A) One member may be a young adult having current or recent 7
experience in vocational education and training.'. 8
(2) Section 170(5), after `higher education'-- 9
insert-- 10
`, industry'. 11
(3) Section 170(4A) and (5)-- 12
renumber as section 170(5) and (6). 13
Clause 14 Replacement of s 187 (Establishing committees) 14
Section 187-- 15
omit, insert-- 16
`187 Establishing committees 17
`(1) The council may, with the Minister's signed approval, 18
establish a committee to help it to perform its functions. 19
`(2) When seeking the Minister's approval, the council must give 20
the Minister a statement of the proposed committee's terms of 21
reference or functions. 22
`(3) Appointments to the committee are to be made by the council 23
by signed notice. 24
`(4) The council may appoint a person to the committee only if the 25
person has skills or experience appropriate to the committee's 26
terms of reference or functions. 27
`(5) A member of the committee is not entitled to any 28
remuneration, other than the reimbursement of reasonable 29
expenses and a travel allowance, unless the remuneration is 30
approved in writing by the Minister. 31
s 15 10 s 17
Vocational Education, Training and Employment
Amendment Bill 2004
`(6) Subsection (1) does not apply to a committee of the council's 1
own members.'. 2
Clause 15 Amendment of s 188 (Chief executive to help council) 3
Section 188-- 4
insert-- 5
`(2) Without limiting subsection (1), the chief executive must 6
nominate an appropriately qualified departmental officer to 7
help the council in performing its functions. 8
`(3) A departmental officer is appropriately qualified if the officer 9
has qualifications, experience or standing appropriate to help 10
the council in performing its functions.'. 11
Clause 16 Replacement of s 189 (Council to comply with approved 12
guidelines) 13
Section 189-- 14
omit, insert-- 15
`189 Approved guidelines 16
`(1) A guideline recommended by the council becomes effective 17
when it is approved in writing by the Minister. 18
`(2) If a guideline is approved by the Minister, the council must 19
ensure the guideline is published in the gazette. 20
`(3) In performing its functions, the council must comply with all 21
approved guidelines.'. 22
Clause 17 Insertion of new s 190A 23
Chapter 5, part 3, after section 190-- 24
insert-- 25
`190A Report on council's operations 26
`(1) The council must prepare and give to the Minister, within 4 27
months after the end of each financial year, a report on its 28
operations during the financial year. 29
s 18 11 s 20
Vocational Education, Training and Employment
Amendment Bill 2004
`(2) If the Minister has given the council a signed direction under 1
section 169(2)1 in the year, the report must include a copy of 2
the direction. 3
`(3) The Minister must table a copy of the report in the Legislative 4
Assembly within 14 days after the Minister receives it.'. 5
Clause 18 Amendment of s 194 (TAFE institute council's functions) 6
(1) Section 194(1)(b)(ii)-- 7
omit. 8
(2) Section 194(1)(b)(iii)-- 9
renumber as section 194(1)(b)(ii). 10
Clause 19 Amendment of s 196 (Composition of TAFE institute 11
council) 12
(1) Section 196(1)(a), `20'-- 13
omit, insert-- 14
`15'. 15
(2) Section 196(2)-- 16
omit. 17
(3) Section 196(4)-- 18
insert-- 19
`(f) those young adults who have current or recent student 20
experience in vocational education and training.'. 21
(4) Section 196(3) and (4)-- 22
renumber as section 196(2) and (3). 23
Clause 20 Omission of ch 6, pt 3 (College councils) 24
Chapter 6, part 3-- 25
omit. 26
1 Section 169 (Council subject to Minister)
s 21 12 s 25
Vocational Education, Training and Employment
Amendment Bill 2004
Clause 21 Amendment of s 218 (Recognition of industry training 1
advisory bodies) 2
Section 218, `board'-- 3
omit, insert-- 4
`council'. 5
Clause 22 Amendment of s 219 (Role of industry training advisory 6
bodies) 7
Section 219, `board'-- 8
omit, insert-- 9
`council'. 10
Clause 23 Amendment of s 220 (Withdrawal of recognition) 11
Section 220, `board'-- 12
omit, insert-- 13
`council'. 14
Clause 24 Amendment of s 221 (Recognition of group training 15
organisation) 16
Section 221, `board'-- 17
omit, insert-- 18
`council'. 19
Clause 25 Amendment of s 223 (Withdrawal of recognition) 20
Section 223, `board'-- 21
omit, insert-- 22
`council'. 23
s 26 13 s 30
Vocational Education, Training and Employment
Amendment Bill 2004
Clause 26 Amendment of s 225 (Starting appeals) 1
Section 225(1)(b), `or board'-- 2
omit. 3
Clause 27 Amendment of s 227 (Hearing procedures) 4
Section 227(1), `or board'-- 5
omit. 6
Clause 28 Amendment of s 228 (Powers of court on appeal) 7
(1) Section 228(1)(d), `or the board'-- 8
omit. 9
(2) Section 228(2), `or board's'-- 10
omit. 11
Clause 29 Amendment of s 277 (False or misleading statements to 12
official) 13
(1) Section 277(2), definition official, paragraph (a)-- 14
omit. 15
(2) Section 277(2), definition official, paragraphs (b) to (e)-- 16
renumber as paragraphs (a) to (d). 17
Clause 30 Amendment of s 282 (Disclosure of interests by member 18
of disclosure body) 19
Section 282(4), definition disclosure body-- 20
omit, insert-- 21
`disclosure body means any of the following-- 22
(a) the council; 23
(b) a TAFE institute council; 24
s 31 14 s 33
Vocational Education, Training and Employment
Amendment Bill 2004
(c) a committee established by an entity mentioned in 1
paragraph (a) or (b); 2
(d) a committee established by the chief executive.'. 3
Clause 31 Amendment of s 289 (Evidentiary provisions) 4
(1) Section 289(2)(a)(ii), `the board or'-- 5
omit. 6
(2) Section 289(3) and (7), `board or'-- 7
omit. 8
Clause 32 Amendment of s 290 (Protection from liability) 9
(1) Section 290(3), definition indemnified person, paragraph (c), 10
`board or'-- 11
omit. 12
(2) Section 290(3), definition indemnified person, paragraph (d), 13
`or college council'-- 14
omit. 15
Clause 33 Insertion of new ch 10, pt 4 16
After section 333-- 17
insert-- 18
`Part 4 Transitional provisions for 19
Vocational Education, Training 20
and Employment Amendment 21
Act 2004 22
`Division 1 Provisions about Training and 23
Employment Board 24
`334 Definitions for div 1 25
`In this division-- 26
s 33 15 s 33
Vocational Education, Training and Employment
Amendment Bill 2004
board means the Training and Employment Board established 1
under section 146 as in force immediately before the 2
commencement. 3
commencement means the commencement of this division. 4
`335 Dissolution of Training and Employment Board 5
`(1) On the commencement-- 6
(a) the board is dissolved; and 7
(b) the members of the board go out of office. 8
`(2) No compensation is payable to a member of the board because 9
of subsection (1). 10
`336 References to board taken to be references to 11
council 12
`A reference in an Act or document to the board may, if the 13
context permits, be taken to be a reference to the council. 14
`337 Existing decisions of board 15
`(1) This section applies to a decision of the board before the 16
commencement, if the decision had not had full effect at the 17
commencement. 18
`(2) The decision continues in force, subject to this Act, and is 19
taken to be a decision of the council. 20
`(3) Without limiting subsection (2), if the decision is one in 21
relation to which a person had a right to appeal against the 22
decision that had not ended immediately before the 23
commencement, the person may appeal against the decision 24
as if it were a decision of the council. 25
`338 Continuation of recognition of group training 26
organisation and industry training advisory body 27
`A recognition by the board of a corporation as a group 28
training organisation or an industry training advisory body 29
that is in force immediately before the commencement is 30
s 33 16 s 33
Vocational Education, Training and Employment
Amendment Bill 2004
taken, on the commencement, to be a recognition by the 1
council. 2
`339 Applications for recognition of group training 3
organisation or industry training advisory body 4
`(1) This section applies if an application for recognition as a 5
group training organisation or an industry training advisory 6
group has been made but not decided before the 7
commencement. 8
`(2) The application is taken to have been made to the council. 9
`340 Remission of matters by magistrates court to board 10
`(1) This section applies if-- 11
(a) before the commencement, a matter had been remitted 12
under section 228(1)(d) to the board to act according to 13
law; and 14
(b) the board had not finished acting in relation to the matter 15
at the commencement. 16
`(2) The matter is taken to have been remitted to the council and 17
any action taken by the board in relation to the matter is taken 18
to have been action taken by the council. 19
`Division 2 Provision about TAFE institute 20
council 21
`341 Appointed members of TAFE institute council 22
continue despite amendment of s 196(1)(a) 23
`(1) This section applies if, immediately before the 24
commencement of the Vocational Education, Training and 25
Employment Amendment Act 2004, section 19, there were 26
more than 15 appointed members on a TAFE institute council. 27
`(2) Despite the commencement of section 19, each of the 28
appointed members continues as an appointed member 29
until-- 30
s 34 17 s 34
Vocational Education, Training and Employment
Amendment Bill 2004
(a) the member's term of appointment ends; or 1
(b) the member's office sooner becomes vacant. 2
`Division 3 Provision about TAFE institute 3
college council 4
`342 Dissolution of college councils 5
`(1) On the commencement of this section-- 6
(a) each college council established under chapter 6, part 3 7
is dissolved; and 8
(b) the members of each of the college councils go out of 9
office. 10
`(2) No compensation is payable to a member of a college council 11
because of subsection (1). 12
`Division 4 Transitional provision for vocational 13
placement scheme 14
`343 Application for recognition of vocational placement 15
scheme 16
`(1) This section applies if an application for recognition of a 17
vocational placement scheme has been made but not decided 18
before the commencement. 19
`(2) The prescribed fee mentioned in section 108(2) is not payable 20
in relation to the application.'. 21
Clause 34 Amendment of sch 3 (Dictionary) 22
(1) Schedule 3, definitions approved guideline and board-- 23
omit. 24
(2) Schedule 3-- 25
insert-- 26
s 35 18 s 37
Vocational Education, Training and Employment
Amendment Bill 2004
`approved guideline means a guideline approved by the 1
Minister under section 189(1).'. 2
(3) Schedule 3, definition group training organisation, `board 3
as'-- 4
omit, insert-- 5
`council as a'. 6
(4) Schedule 3, definition industry training advisory body, 7
`board'-- 8
omit, insert-- 9
`council'. 10
(5) Schedule 3, definition information notice, `the board,'-- 11
omit. 12
Part 3 Consequential amendment of 13
Industrial Relations Act 1999 14
Clause 35 Act amended in pt 3 15
This part amends the Industrial Relations Act 1999. 16
Clause 36 Insertion of new ch 20, pt 1 hdg 17
Chapter 20, before section 733-- 18
insert-- 19
`Part 1 Transitional provision for 20
Industrial Relations 21
Amendment Act 2002'. 22
Clause 37 Insertion of new ch 20, pt 2 23
After section 733-- 24
s 38 19 s 38
Vocational Education, Training and Employment
Amendment Bill 2004
insert-- 1
`Part 2 Transitional provision for 2
Vocational Education, Training 3
and Employment Amendment 4
Act 2004 5
`734 Continuation of decisions made by approving 6
authority 7
`A decision of the Training and Employment Board as the 8
approving authority that is in force immediately before the 9
commencement of this section is taken, on the 10
commencement, to be a decision of the Training and 11
Employment Recognition Council as the approving 12
authority.'. 13
Clause 38 Amendment of sch 5 (Dictionary) 14
(1) Schedule 5, definition approving authority-- 15
omit, insert-- 16
`approving authority means the Training and Employment 17
Recognition Council under the Vocational Education, 18
Training and Employment Act 2000, section 167.'. 19
(2) Schedule 5, definition group training organisation, `Training 20
and Employment Board'-- 21
omit, insert-- 22
`Training and Employment Recognition Council'. 23
© State of Queensland 2004
AMENDMENTS TO BILL
1
Vocational Education, Training and Employment
Amendment Bill 2004
Vocational Education, Training and
Employment Amendment Bill 2004
Amendments agreed to during Consideration
1 After clause 38--
At page 19, after line 23--
insert--
`Part 4 Amendment of Training Reform
Act 2003
`39 Act amended in pt 4
`This part amends the Training Reform Act 2003.
`40 Amendment of s 31 (Amendment of s 147 (Board's
functions))
`Section 31(2)--
omit.
`41 Amendment of s 37 (Amendment of s 168 (Council's
functions))
`Section 37(2) and (3)--
omit, insert--
`(2) Section 168(1)(o)--
renumber as section 168(1)(r).
(3) Section 168(1), as amended--
insert--
`(o) to grant employment exemptions;
(p) to recognise non-departmental employment skills
development programs for the purposes of the Youth
2
Vocational Education, Training and Employment
Amendment Bill 2004
Participation in Education and Training Act 2003,
section 20(3);1
(q) to maintain a register of recognised non-departmental
employment skills development programs;'.
`42 Omission of s 38 (Amendment of s 169 (Council subject
to Minister and board))
`Section 38--
omit.'.
© State of Queensland 2005
1 Youth Participation in Education and Training Act 2003, section 20 (Exceptions to
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