VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT ACT 2000

Queensland Consolidated Acts

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VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT ACT 2000

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title
2. Commencement
3. Objectives
4. Act binds all persons
5. Notes in text

Part 2--Definitions and basic concepts

6. Definitions—the dictionary
7. What is an apprenticeship
8. What is a traineeship
9. Who is an apprentice
10. Who is a trainee
11. What is an apprenticeship contract
12. What is a traineeship contract
13. What is a training plan
14. What is a registered training organisation
15. What is a supervising registered training organisation
16. What is a vocational placement scheme
17. What is a vocational placement

CHAPTER 2--TRAINING ORGANISATIONS

Part 1--Preliminary

18. Application
19. Definitions for ch 2

Part 2--National registration

20. National register and national effect of registration

Part 3--Registered training organisations

Division 1--Requirement for registration

21. Offence to falsely claim to be a registered training organisation

Division 2--Registration activities in this jurisdiction

22. Registration and scope of registration
23. Applying in this jurisdiction for registration
24. Decision about registration
25. Suitability for registration
26. Registration conditions
27. Condition—continued suitability for registration
27A. Condition—compulsory participation phase
28. Term of registration
29. Amending registration on application by registered training organisation
30. Removal of registered details on registration expiry or on application
31. Procedure for amending, suspending or cancelling registration
32. Amending, suspending or cancelling registration without application on particular grounds
33. Cancelling registration on change of business operations
34. Effect of suspension of registration of training organisation
35. Return of registration certificate
36. Council to register amendment, suspension or cancellation

Division 3--Audit powers

37. Audit of training organisation registered by the council
38. Audit of training organisation registered by another registering body
39. Conduct of audit
40. Powers not limited by compliance audit provisions

Division 4--Other powers

41. Function or power may be used to support national scheme
42. Information may be made available to other registering bodies

Division 5--Other provisions

43. Issuing qualifications and statements of attainment
44. Assessment of skills or knowledge by registered training organisation
45. Cancellation of qualification or statement of attainment by registered training organisation
45A. Cancellation of qualification or statement of attainment by council
45B. Public notice of cancellation of qualification or statement of attainment
45C. Offence to falsely claim to hold qualification or statement of attainment

Part 4--Accredited courses

Division 1--Requirement for accreditation

46. Offence of falsely claiming to provide an accredited course

Division 2--Course accreditation activities in this jurisdiction

47. Applying in this jurisdiction for accreditation
47A. Decision about accreditation
47B. Accreditation conditions
47C. Term of accreditation
47D. Procedure for amending accreditation
47E. Cancellation of accreditation on application
47F. Amendment or cancellation of accreditation without application
47G. Reassessment of accredited course
47H. Council to give notice of decision and register amendment or cancellation
47I. Return of registration certificate
47J. Expiry of accreditation

CHAPTER 3--APPRENTICES AND TRAINEES

Part 1--Apprenticeship and traineeship contracts

Division 1--Preliminary

48. Start of apprenticeship or traineeship
49. Term of training contract
50. Probationary period
51. Ending apprenticeship or traineeship in probationary period

Division 2--Signing and registration of training contracts

52. Training contract to be signed
53. Employer to give training contract to council for registration
54. Registering training contract
55. False or misleading information in training contract
56. Premiums prohibited

Division 3--Amending or assigning registered training contract

57. Amending or assigning registered training contract
58. Minor amendment of registered training contract
59. Statutory assignment or cancellation of registered training contract

Division 4--Cancelling training contract

61. Agreeing to cancel training contract
62. Reinstatement of training contract cancelled by coercion
63. Cancelling training contract for inability to perform contract on stated grounds
64. Suspension and cancellation for serious misconduct
65. Council's power to reinstate training
66. Cancelling registration of training contract
67. Training contract ends if registration cancelled
68. Effect of cancelling or ending training contract
69. Employer to notify supervising registered training organisation

Division 5--Discipline

70. Definition for div 5
71. Discipline

Division 6--Completion of apprenticeship or traineeship

72. Employer and apprentice or trainee to notify completion of training
73. Issuing qualification or statement of attainment on completion of training
73A. Authorising issue of qualification or statement of attainment
74. Signing of completion agreement ends registered training contract
75. Signing of completion agreement ends training plan
76. Cancelling completion certificate
77. Delayed completion of registered training contract
78. Cancellation or completion of registered training contract terminates employment

Division 7--Employers obligations for apprentice or trainee

79. Employer to provide facilities
80. Employer to comply with training plan
81. Employer not to prevent participation in training
82. Employer to report notifiable events

Division 8--Prohibited employers

83. Prohibited employers
84. Revocation of declaration as prohibited employer
85. Prohibited employer not to contravene declaration

Division 9--Other provisions

86. Temporary stand down under registered training contract
87. Employer restriction on training
88. Apprentice or trainee restriction on training
89. Restricted callings

Part 2--Supervising registered training organisations

90. Requirement for supervising registered training organisation
91. Becoming a supervising registered training organisation
92. Availability of facilities
93. Supervising registered training organisation to ensure delivery of training
94. Replacing supervising registered training organisation
95. Replaced training organisation to give statement of attainment

Part 3--Training plans for apprentices or trainees

Division 1--Signing training plan for apprentice or trainee

96. Training plan for apprentice or trainee
97. Parties to training plan for apprentice or trainee
98. Training plan for apprentice or trainee to be negotiated by parties
99. Coercion
100. Signing training plan for apprentice or trainee
101. Copies of signed training plan for apprentice or trainee
102. False or misleading information in training plan

Division 2--Ending or changing training plan for apprentice or trainee

103. Automatic cancellation on replacement of supervising registered training organisation
104. Automatic cancellation if apprenticeship or traineeship ends
105. Statement of attainment
106. Changing a training plan for an apprentice or trainee

CHAPTER 3A--SPECIAL PROVISIONS TO COMPLEMENT COMPULSORY PARTICIPATION PHASE

106A. Relationship with other legislation
106B. Ministerial declaration 'Stepping forward: improving pathways for all young people'
106C. Chief executive to ensure diversity and accessibility of employment skills development programs

CHAPTER 4--VOCATIONAL PLACEMENT

Part 1--Preliminary

Division 1--Definitions for chapter 4

107. Definitions for ch 4

Division 2--Vocational placement schemes

108. Applying for recognition of vocational placement scheme
109. How council deals with application
110. Offering course if vocational placement scheme not recognised

Division 3--Arranging vocational placement and application of laws

111. Registered training organisation to arrange vocational placement
112. Vocational placement not to be arranged contrary to recognition
113. Placement person not student's employer
114. Certain laws not to apply to students obtaining vocational placement
115. Application of Workplace Health and Safety Act 1995

Part 2--Vocational placement agreements

116. Signing vocational placement agreement
117. Registration of vocational placement agreement for short placement
118. Registration of vocational placement agreement for long placement
119. Registered training organisation to be satisfied about facilities
120. Remuneration and other conditions under vocational placement agreements
121. Extending vocational placement
122. Amending vocational placement agreement
123. Cancelling vocational placement agreement
124. Workers compensation cover
125. Liability insurance

Part 3--Training plans for vocational placements

126. Training plan for vocational placement
127. Negotiating training plan for vocational placement
128. Signing training plan for vocational placement
129. Copies of signed training plan for vocational placement
130. Placement person to deliver training
131. Automatic cancellation of training plan for vocational placement
132. Changing training plan for vocational placement

CHAPTER 5--OMBUDSMAN, SKILLS QUEENSLAND AND COUNCIL

Part 1--Training ombudsman

Division 1--Appointment and functions

133. Appointing training ombudsman
134. Functions of ombudsman
135. Administrative support

Division 2--Dealing with complaints

136. Ombudsman may refuse to deal with certain complaints
137. Ombudsman to refuse to deal with matters before industrial commission
138. Ombudsman may require information and documents from council
139. Ombudsman may recommend further steps in investigation
140. Ombudsman may recommend exercise of power
141. Ombudsman to report findings

Division 3--Reviewing decisions about employment exemptions

141A. Who may apply for review
141B. How to apply for review
141BA. Ombudsman may refuse to deal with matters before QCAT
141C. Council to provide material to ombudsman
141D. Ombudsman to review decision and report findings

Division 4--Other provisions

142. Vacating office
143. Acting ombudsman
144. Conditions of appointment
144A. Arrangements between the ombudsman and QCAT
145. Annual report

Part 2--Skills Queensland

Division 1--Establishment

146. Establishment of Skills Queensland
147. Skills Queensland represents the State
148. Application of other Acts

Division 2--Functions and powers

149. Functions
150. Skills and workforce development investment plan
151. Powers
152. Delegation

Division 3--Membership

153. Members
154. Eligibility for appointment
155. Chairperson of Skills Queensland
156. Deputy chairperson of Skills Queensland
157. Term of appointment
158. Conditions of appointment
159. Disqualification as appointed member
160. Termination of appointment
161. Resignation
162. Vacancy of office
163. Leave of absence

Division 4--Business

164. Conduct of business
165. Times and places of meetings
166. Quorum
166A. Presiding at meetings
166B. Participation of chief executive officer in meetings of Skills Queensland
166C. Attendance by proxy
166D. Conduct of meetings
166E. Minutes

Division 5--Chief executive officer

166F. Appointment of chief executive officer
166G. Conditions of appointment
166H. Functions of chief executive officer
166I. Delegation
166J. Disqualification as chief executive officer
166K. Termination of appointment
166L. Resignation
166M. Vacancy of office
166N. Leave of absence
166O. Preservation of rights

Division 6--Other staff

166P. Other staff
166Q. Administrative support

Division 7--Criminal history

166R. Report about person's criminal history
166S. Criminal history is confidential document
166T. Requirement to disclose changes in criminal history

Division 8--Miscellaneous provisions

166U. Skills Queensland may establish committees
166V. Remuneration for committee members
166W. Ministerial direction

Part 3--Training and Employment Recognition Council

Division 1--Establishment and functions

167. Establishment of council
168. Council's functions
169. Council subject to Minister

Division 2--Council membership

170. Council membership
171. Council chairperson
172. Term of appointment to council
173. Conditions of appointment to council
174. Disqualifications for appointment to council
175. Vacating office

Division 3--Council meetings

176. Times and places of council meetings
177. Presiding at council meetings
178. Voting at council meetings
179. Quorum for council meetings
180. Conduct of council meetings
181. Council minutes

Division 4--Recognition certificates

182. Recognition of work or training by council

Division 5--Declaring apprenticeships or traineeships

183. Declaring apprenticeships or traineeships

Division 5A--Deciding employment exemptions

183A. Application for employment exemption
183B. Decision about employment exemption
183C. Amending or cancelling employment exemption

Division 5B--Recognising non-departmental employment skills development programs

183D. Council may recognise program
183E. Council must maintain register

Division 6--Other provisions

184. How council signs documents
185. Council may require production of documents
186. Delegation by council
187. Establishing committees
188. Chief executive to help council
189. Approved guidelines
190. Approval of forms
190A. Report on council's operations

CHAPTER 6--TAFE INSTITUTES

Part 1--Preliminary

191. What is a TAFE institute
192. Establishing TAFE institutes

Part 2--TAFE institute councils

Division 1--TAFE institute councils

193. TAFE institute councils
194. TAFE institute council's functions
195. TAFE institute council subject to Minister's directions

Division 2--TAFE institute council membership

196. Composition of TAFE institute council
197. TAFE institute council chairperson
198. Term of appointment of appointed member
199. Conditions of appointment of appointed member
200. Disqualifications for appointment as appointed member
201. Vacating office

Division 3--TAFE institute council meetings

202. Times and places of TAFE institute council meetings
203. Presiding at TAFE institute council meetings
204. Voting at TAFE institute council meetings
205. Quorum for TAFE institute council meeting
206. Conduct of TAFE institute council meetings
207. TAFE institute council minutes

Division 4--Other provisions

208. How TAFE institute council signs documents
209. Prohibition on certain activities
210. TAFE institute director to help TAFE institute council
211. Report on TAFE institute council's operations

Part 4--Chief executive to administer TAFE institutes

217. Chief executive's functions for TAFE institutes

CHAPTER 6A--STATUTORY TAFE INSTITUTES

Part 1--Preliminary

218. Purpose of ch 6A

Part 2--Establishment of statutory TAFE institutes

Division 1--Establishment

218A. Establishing statutory TAFE institutes
218B. Statutory TAFE institute is body corporate
218C. Statutory TAFE institute represents the State
218D. Statutory TAFE institute is not a TAFE institute

Division 2--Functions and powers

218E. Functions of a statutory TAFE institute
218F. Powers of a statutory TAFE institute
218G. Statutory TAFE institute may enter into work performance arrangements
218H. Delegation by statutory TAFE institute

Division 3--Other matters

218I. Changing corporate name of statutory TAFE institute
218J. Statutory TAFE institute is a statutory body

Part 3--Accountability of statutory TAFE institutes

Division 1--Operational plans

218K. Purpose of div 1
218L. Requirement to comply with operational plan
218M. Content of operational plan
218N. Preparation of draft operational plan
218O. Special procedures for draft operational plans
218P. When draft operational plan has effect
218Q. Operational plan pending agreement
218R. Amendment of operational plan

Division 2--Agreements with chief executive

218S. Agreement for each financial year
218T. Preparation of agreement

Division 3--Reporting requirements

218U. Notice of proposed significant action
218V. Minister may require information

Division 4--Returns payable by statutory TAFE institutes

218W. Payment of returns
218X. Interim returns
218Y. Return payment for financial year in which TAFE institute becomes a statutory TAFE institute
218Z. Interim return for financial year in which TAFE institute becomes a statutory TAFE institute

Division 5--Reserve powers of Minister

219. Minister's power to notify statutory TAFE institute of public sector policies
219A. Minister's power to give directions in public interest
219B. Notice of concern about financial viability because of notice or direction

Part 4--Board of statutory TAFE institute

Division 1--Board's functions

219C. Board of a statutory TAFE institute
219D. Functions of a board

Division 2--Appointment etc. of board

219E. Composition of board
219F. Conditions of appointment of members of board
219G. Term of appointment of members of board
219H. Administration of statutory TAFE institute
219I. Chairperson of board
219J. Deputy chairperson of board
219K. Disqualification from membership of board
219L. Report about person's criminal history
219M. Criminal history is confidential document
219N. Requirement to disclose changes in criminal history
219O. Vacation of office
219P. Leave of absence
219Q. Disclosure of interests
219R. Duty to act in statutory TAFE institute's interest

Division 3--Board business

219S. Conduct of business
219T. Time and place of meetings
219U. Presiding at meetings
219V. Quorum for meetings
219W. Attendance of executive officer at board meetings
219X. Conduct of meetings
219Y. Minutes

Division 4--Committees of a board

219Z. Committees for certain purposes
220. Other matters about statutory committees
220A. Other committees
220B. Remuneration of committee members

Division 5--Removal of board

220C. Removal of statutory TAFE institute's board

Part 5--Executive officer of statutory TAFE institute

220D. Statutory TAFE institute's executive officer
220E. Duties of executive officer
220F. Things done by executive officer
220G. Delegation by executive officer
220H. Appointment of acting executive officer
220I. Resignation of executive officer
220J. Termination of executive officer's appointment

Part 6--Amalgamating or dissolving statutory TAFE institutes

Division 1--Preliminary

220K. Definitions for pt 6

Division 2--Amalgamation or dissolution

220L. Amalgamating statutory TAFE institutes
220M. Dissolving a statutory TAFE institute

Division 3--Effect of amalgamation or dissolution

220N. References to former statutory TAFE institute
220O. Student enrolments
220P. Vesting of assets, rights and liabilities
220Q. Continuing legal proceedings

Part 7--Miscellaneous provisions

220R. Annual report
220S. Protection from liability
220T. Review of operation of a statutory TAFE institute
220U. Delegation by Minister
220V. Chief executive's functions for statutory TAFE institutes
220W. Preservation of rights in relation to public service employees
220X. Secondment as employee of statutory TAFE institute

Part 8--Other provisions about change to statutory TAFE institute

220Y. Definitions for pt 8
220Z. Transfer of assets, liabilities etc. to statutory TAFE institute
220ZA. References to former TAFE institute
220ZB. Dissolution of TAFE institute council
220ZC. Applications made for former TAFE institute

CHAPTER 7--GROUP TRAINING ORGANISATIONS

221. Recognition of group training organisation
222. Function of group training organisation
223. Withdrawal of recognition

CHAPTER 7A--PRINCIPAL EMPLOYER ORGANISATIONS

223A. Recognition of principal employer organisation
223B. Function of principal employer organisation
223C. Withdrawal of recognition

CHAPTER 8--REVIEWS AND APPEALS

Part 1--Training recognition decisions and employment exemption decisions

224. Review by QCAT

Part 2--Decisions relating to apprentices and trainees

Division 1--Appeals to industrial commission

230. Appeal to industrial commission against council or other decisions
231. Stay of decision being appealed
232. Nature of appeal
233. Decision on appeal
234. Exclusive jurisdiction

Division 2--Industrial commission's orders

235. Application of div 2
236. Order to resume training
237. Order cancelling contract
238. Limit of compensation
239. Account of amounts paid to apprentice or trainee
240. Payment of additional amount
241. Instalments
242. Contravening orders

Division 3--Other provisions

243. Recovery of amounts under orders
244. Appeal to Industrial Court on question of law

CHAPTER 9--GENERAL

Part 1--Administration

Division 1--Chief executive's functions and powers

245. Chief executive's powers
246. Delegations
247. Committees
248. Membership of other bodies
249. Returns to be given as required
250. Use of facilities and staff

Division 2--Trusts

251. Definitions for div 2
252. Variation of trust purposes
253. Variation of approved arrangement
254. Requirements about purposes for arrangements
255. Recording arrangements and variations in land register
256. Rights and jurisdiction in equity not affected

Part 2--Enforcement

Division 1--Inspectors

257. Appointment
258. Limitation of inspector's powers
259. Inspector's appointment conditions
260. Inspector's identity card
261. Production or display of inspector's identity card

Division 2--Powers of inspectors
Subdivision 1--Entry of places

262. Power to enter places
Subdivision 2--Procedure for entry
263. Entry with consent
264. Application for warrant
265. Issue of warrant
266. Warrants—procedure before entry
Subdivision 3--Powers after entry
267. General powers after entering places
268. Failure to help inspector or give inspector information
Subdivision 4--Power to seize evidence
269. Power to seize evidence from places
270. Receipts for seized things
271. Inspector to allow inspection etc.
272. Obligation to return seized things
Subdivision 5--Power to obtain information
273. Power to require production of documents
Subdivision 6--General enforcement matters
274. Obstructing etc. an inspector
275. Pretending to be an inspector
276. Compensation

Part 3--Other provisions

Division 1--Offences

277. False or misleading statements to official
278. False or misleading documents to official
279. Offences about false or misleading statements or documents

Division 2--General accountability provisions

280. Executive officers must ensure corporation complies with prescribed provision
281. Responsibility for acts or omissions of representatives
282. Disclosure of interests by member of disclosure body
283. Voting etc. by interested member of disclosure body
284. Other disclosure of interests
285. Duty to act honestly
286. Protection of confidentiality

Division 3--Procedural and evidentiary provisions

287. Summary proceedings for offences
288. Representation of parties
289. Evidentiary provisions

Division 4--Other provisions

290. Protection from liability
291. Regulation-making power

CHAPTER 10--REPEALS AND TRANSITIONAL PROVISIONS

Part 1--Repeals

294. Repeal of Acts
Part 2 Transitional provisions for Act N
o
. 23 of 2000

Division 1--Preliminary

295. Definitions for pt 2

Division 2--Transitional provisions for former VETE Act

296. Dissolution of corporation and former bodies
297. Assets and liabilities
298. Proceedings
299. Existing contracts
300. References
301. Existing approvals
302. Awards conferred under former VETE Act
303. Certificate for work or training recognised under former VETE Act
304. Existing decisions under former VETE Act
305. Existing orders of industrial body
306. Existing proceedings before industrial body
307. Existing training agreements
308. Existing industry training advisory bodies
309. Existing group training schemes
311. When supervising registered training organisation required
312. When training plan required

Division 3--Transitional provisions for former industry placement Act

313. Existing approved training schemes
314. Existing vocational placement agreements etc.
315. Existing decisions under former industry placement Act
316. Existing orders of industrial commission

Part 3--Transitional provisions for Training Reform Act 2003

Division 1--General transitional provisions

317. References to Training and Employment Act 2000
318. Apprenticeship and traineeship ombudsman
319. Training Recognition Council
320. Amending or assigning registered training contract
321. Appeal to industrial commission against council or other decision
322. Amendment of subordinate legislation by Act does not affect power of Governor in Council

Division 2--Transitional provisions for training organisations

323. Definitions for div 2
324. Details on register on commencement
325. Application for registration
326. Contravention of registration condition
327. Return of registration certificate
328. Show cause notice issued
329. Issuing qualifications and statements of attainment
330. Assessment of skills or knowledge
331. Return of qualification or statement of attainment
332. Application for course accreditation
333. Amendment or cancellation of accreditation without application

Part 4--Transitional provisions for Vocational Education, Training and Employment Amendment Act 2005

Division 1--Provisions about Training and Employment Board

334. Definitions for div 1
335. Dissolution of Training and Employment Board
336. References to board taken to be references to council
337. Existing decisions of board
338. Continuation of recognition of group training organisation and industry training advisory body
339. Applications for recognition of group training organisation or industry training advisory body

Division 2--Provision about TAFE institute council

341. Appointed members of TAFE institute council continue despite amendment of s 196(1)(a)

Division 3--Provision about TAFE institute college council

342. Dissolution of college councils

Division 4--Transitional provision for vocational placement scheme

343. Application for recognition of vocational placement scheme

Part 5--Transitional provision for Higher Education (General Provisions) Act 2008

344. Recognition of group training organisation

Part 6--Transitional provisions for Education and Training Legislation (Skills Queensland) Amendment Act 2010

345. First skills and workforce development investment plan
346. Amendment of regulations
SCHEDULE 3 -- DICTIONARY
ATTACHMENT -- MINISTERIAL DECLARATION 'STEPPING FORWARD: IMPROVING PATHWAYS FOR ALL YOUNG PEOPLE'
Endnotes

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