Queensland Consolidated Acts

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

           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 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
   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
   145.    Annual report

           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--Dividends payable by statutory TAFE institutes

   218W.   Payment of dividends
   218X.   Interim dividends
   218Y.   Dividend payment for financial year in which TAFE institute becomes a statutory TAFE institute
   218Z.   Interim dividend 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 suspected insolvency 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 by 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--APPEALS

           Part 1--Training recognition decisions and employment exemption decisions

   224.    Appeal to Magistrates Court
   225.    Starting appeals
   226.    Stay of operation of decisions
   227.    Hearing procedures
   228.    Powers of court on appeal
   229.    Appeal to District Court on question of law

           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
   340.    Remission of matters by magistrates court to board

           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
           SCHEDULE 3 DICTIONARY
           ATTACHMENT MINISTERIAL DECLARATION 'STEPPING FORWARD: IMPROVING PATHWAYS FOR ALL YOUNG PEOPLE'
           Endnotes