Vocational Education, Training and Employment Act 1991

Queensland VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT ACT 1991 Reprinted as in force on 1 October 1999 (includes amendments up to Act No. 33 of 1999) Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 October 1999. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT ACT 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2—ADMINISTRATION Division 1—Vocational Education, Training and Employment Commission 6 Constitution of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 Membership of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8 Commission subject to direction of the Minister . . . . . . . . . . . . . . . . . . . . . 14 9 Functions of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 10 Functions of commission in relation to ANTA . . . . . . . . . . . . . . . . . . . . . . . 16 11 Powers of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11A Commission is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 12 Chairperson may sign agreements for commission . . . . . . . . . . . . . . . . . . . . 18 13 Commission’s rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Recognition of industry training advisory bodies . . . . . . . . . . . . . . . . . . . . . 19 Division 2—Standing committees of commission 15 Constitution of State Training Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 16 Functions and powers of State Training Council . . . . . . . . . . . . . . . . . . . . . 20 17 Constitution of State Planning and Development Council . . . . . . . . . . . . . . 21 18 Functions and powers of State Planning and Development Council . . . . . . 22

2 Vocational Education, Training and Employment Act 1991 19 Constitution of Accreditation Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 20 Functions and powers of Accreditation Council . . . . . . . . . . . . . . . . . . . . . . 23 21 Appointment of advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 3—General provisions relating to Commission and standing committees 22 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 23 Vacancy in membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 24 Filling casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 25 Manner of exercising power of Commission or standing committees . . . . . 26 26 Power of delegation by commission or standing committees . . . . . . . . . . . 26 27 Meetings, quorum and business etc. of commission or standing committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 28 Validity of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 29 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 30 Remuneration to members of commission, standing committees and other committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 4—Vocational Education, Training and Employment Corporation 31 Chief executive is corporation sole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 32 Chief executive subject to direction of the Minister . . . . . . . . . . . . . . . . . . 30 33 Functions of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 33A Corporation is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 34 Power of corporation to be a member of other bodies . . . . . . . . . . . . . . . . . 32 35 Returns to be furnished as required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 36 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 37 Power to continue and establish State colleges . . . . . . . . . . . . . . . . . . . . . . 33 38 Powers incident to maintaining State colleges . . . . . . . . . . . . . . . . . . . . . . . 33 39 Trespass on State colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 40 Production and sale of materials and services . . . . . . . . . . . . . . . . . . . . . . . 35 41 Power of delegation by corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 5—Trusts, gifts and fees 42 Approved scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 43 Variation of trust purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

3 Vocational Education, Training and Employment Act 1991 44 Amendment of approved scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 45 Requirement for schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 46 Recording schemes in land register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 47 Rights and jurisdiction in equity not affected . . . . . . . . . . . . . . . . . . . . . . . . 38 48 Disposal of moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 6—Employment of staff and other persons 49 Commission employees etc. employed under Public Service Act . . . . . . . 39 Division 7—State college councils 52 Establishment and constitution of councils . . . . . . . . . . . . . . . . . . . . . . . . . . 39 53 Functions of State college council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 54 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 55 Removal of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 56 Chairperson, deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 57 Vacancy in membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 58 Filling casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 8—ANTA 59 Conferral of functions on ANTA in relation to State . . . . . . . . . . . . . . . . . . 44 60 Powers of ANTA in State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 PART 3—TRAINING ADMINISTRATION Division 1—Vocational education and training establishments 61 Recognition of vocational education and training establishments as approved training organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 62 Renewal of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 63 Notification of refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 64 Conduct of unrecognised establishment required to be recognised . . . . . . . 47 65 Cancellation or suspension of recognition as approved training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 66 Offence re advertising vocational education and training establishment or program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 67 Control over matters about the conferring of awards . . . . . . . . . . . . . . . . . . 49 Division 2—Approved training schemes 68 Approved training schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 69 Prohibition of premium for training scheme . . . . . . . . . . . . . . . . . . . . . . . . . 52

4 Vocational Education, Training and Employment Act 1991 70 Training agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 71 Trainee probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 72 Amendment of training agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 73 Period of training scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 74 Temporary assignment of trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 75 Trainees attendance at courses of instruction . . . . . . . . . . . . . . . . . . . . . . . . 56 77 Minimum qualifications for apprenticeships . . . . . . . . . . . . . . . . . . . . . . . . . 57 78 Restrictions on employing persons under 21 in an apprenticeship calling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 79 Employer’s entitlement to apprentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 3—Other training arrangements 81 Pre-apprenticeship, pre-vocational and full-time institutional training . . . . 59 82 Recognition of work or training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 5—General provisions 90 Effect of death or retirement of partner or transfer of business . . . . . . . . . . 61 91 Temporary inability of employer to provide work . . . . . . . . . . . . . . . . . . . . . 62 92 Inspection of time and wages record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 93 Training record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 94 Period of absence from employment may be added to training period . . . . 63 95 Prevention by employer of attendance by apprentice or trainee at college or class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 96 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 97 Cancellation of training agreement on request . . . . . . . . . . . . . . . . . . . . . . . 66 98 Additional powers in relation to cancellation of training agreements . . . . . 66 99 Offences concerning employment of apprentices or trainees . . . . . . . . . . . . 67 PART 4—MISCELLANEOUS PROVISIONS 105 State bound by Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 106 Act prevails in event of inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 107 Approved forms of State Training Council . . . . . . . . . . . . . . . . . . . . . . . . . . 68 108 Conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 109 Holders of office to act honestly and with propriety . . . . . . . . . . . . . . . . . . . 69 110 Protection of name of commission and corporation . . . . . . . . . . . . . . . . . . . 70

5 Vocational Education, Training and Employment Act 1991 111 Entry onto premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 112 Monitoring warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 113 Offence related warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 114 Provisions concerning exercise of powers and seizure . . . . . . . . . . . . . . . . . 74 115 Duty to protect interests of employees to whom Act applies . . . . . . . . . . . . 74 116 Offences of obstruction and failing to answer questions . . . . . . . . . . . . . . . . 75 117 Attendance at investigation by commission or State Training Council . . . 75 118 Destruction etc. of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 119 Protection of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 120 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 122 Representation of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 123 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 124 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 124A Additional powers on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 125 Indemnity to persons administering Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 126 Regulations may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 PART 5—TRANSITIONAL PROVISIONS 127 Indentures become training agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 128 Apprenticeships and traineeships become approved training schemes . . . . 85 129 Transitional provision about existing delegations . . . . . . . . . . . . . . . . . . . . . 86 129 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 87 NATIONAL VOCATIONAL EDUCATION AND TRAINING STATEMENT ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 100 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

6 Vocational Education, Training and Employment Act 1991 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

s1 7 s3 Vocational Education, Training and Employment Act 1991 VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT ACT 1991 [as amended by all amendments that commenced on or before 1 October 1999] An Act to provide for vocational education, training and employment and related purposes † PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Vocational Education, Training and Employment Act 1991 . ˙ Commencement 2.(1) Section 1 and this section commence on the day this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day to be appointed by proclamation. ˙ Objects 3. The objects of this Act are— (a) to establish effective and efficient mechanisms for the provision of vocational education, training and employment services responsive to the needs of industry and the community; and (b) to provide mechanisms by which employers, unions and the community can advise government on vocational education and training needs and priorities to meet those needs; and

s4 8 s4 Vocational Education, Training and Employment Act 1991 (c) to provide mechanisms for consultation between the Commission and providers of vocational education and other bodies involved in vocational education; and (d) to provide for a system of accreditation of vocational education and training courses to ensure the quality of those courses; and (e) to facilitate the development of training by and within industry; and (f) to promote cross-crediting and articulation of courses between providers of vocational education and training and other sectors of education so as to maximise progression of students; and (g) to regulate training including apprenticeship, traineeship and other training systems; and (h) to promote the creation of employment services within the State; and (i) to improve links between vocational education and training and secondary or higher education; and (j) to promote the development of a national vocational education and training system in accordance with the National Statement. ˙ Interpretation 4. In this Act— “accreditation” of a course means confirmation that the course has met standards set by the commission. “ANTA” means the Australian National Training Authority established under the Australian National Training Authority Act 1992 (Cwlth). “ANTA Act” means the Australian National Training Authority Act 1992 (Cwlth). “apprentice” means a person who is registered as an apprentice under this Act, whether or not the person has entered into a training agreement with an employer. “apprenticeship” means an approved training scheme under section 68(2)(b).

s4 9 s4 Vocational Education, Training and Employment Act 1991 “apprenticeship calling” means a trade that is approved under section 68(9) as an apprenticeship calling. “approved training organisation” means a vocational education and training establishment that is recognised as an approved training organisation under section 61. “approved training scheme” has the meaning given by section 68(1). “authorised person” means— (a) an industrial organisation; or (b) an organisation or body with an interest in an apprenticeship calling or training scheme; or (c) the State Training Council. “award” means a certificate, advanced certificate, associate diploma, diploma or other award that is approved by the commission. “chief executive” means the chief executive of the department. “commission” means the Vocational Education, Training and Employment Commission. “Commissioner for Training” means the chairperson for the time being of the State Training Council. “corporation” means the Vocational Education, Training and Employment Corporation. “course” means a structured sequence of vocational education and training. “director” , in relation to a State college, means the person in charge of the college. “employer” means an employer within the meaning of the Industrial Relations Act 1999 , and includes an industrial organisation and a group training scheme. “group training scheme” means an industrial organisation or a body corporate that is approved by the State Training Council to employ apprentices or trainees but which uses the facilities of its members or other employers to train those apprentices or trainees. “guardian” means a parent or guardian, and includes, in a case where a

s 4 10 s 4 Vocational Education, Training and Employment Act 1991 person has no parent or guardian resident in Queensland capable of acting and willing to act, a person approved by the State Training Council. “industrial organisation” means— (a) a body registered as an industrial organisation, or a body whose registration was continued or preserved, under the Industrial Relations Act 1999 ; or (b) an organisation under the Workplace Relations Act 1996 (Cwlth). “Ministerial Council” means the Ministerial Council established in accordance with the National Statement. “National Statement” means the statement set out in the schedule. “National Strategic Plan” has the meaning given to it in the National Statement. “occupation” means any trade, apprenticeship calling, vocation or craft. “pre-apprenticeship course” means a course of instruction that— (a) is approved by the State Training Council in an apprenticeship calling; and (b) is undertaken before entry into apprenticeship in that apprenticeship calling. “premises” means— (a) land; or (b) a building, structure or erection of any kind, whether wholly or partly constructed or erected or in the course of construction or erection; or (c) a part of a building, structure or erection; or (d) any aircraft, vehicle or vessel. “premium” means money, goods or service paid or provided, or action done, as an inducement or a reward or gift. “pre-vocational course” means a course of instruction that— (a) is approved by the State Training Council in more than 1

s 4 11 s 4 Vocational Education, Training and Employment Act 1991 apprenticeship calling; and (b) is undertaken before entry into apprenticeship in any of those apprenticeship callings. “probationary period” includes any prescribed period of extension of a probationary period. “probationer” means an apprentice or trainee who under this Act is employed on probation. “recognition” of a training program or short course means confirmation that the program or course has met standards set by the commission. “registration” , of an entity providing a course, training program or short course, means confirmation that the entity has met standards set by the commission. “repealed Act” includes— (a) the Employment, Vocational Education and Training Act 1988 ; and (b) that Act as amended by the Employment, Vocational Education and Training Act Amendment Act 1988 ; and (c) that Act as further amended by the Public Service (Administrative Arrangements) Act 1990 . “senior secondary education” means education offered in years 11 and 12. “short course” means a course— (a) that does not contain a component of an accredited course; and (b) for which a person completing the course does not receive an award. “State college” means— (a) any State college or other means of technical and further education; and (b) any State senior college continued or established under this Act. “State Training Council” means the State Training Council constituted under this Act.

s 4 12 s 4 Vocational Education, Training and Employment Act 1991 “State Training Profile” has the meaning given to it in the National Statement. “student” means a person enrolled in a State college. “technical and further education” means tertiary education other than advanced education or university education. “tertiary education” means education, other than primary or secondary education, offered wholly or primarily to students who have completed their primary and secondary education or who are above the age of compulsory attendance at school. “trainee” means a person registered as a trainee under this Act (whether or not a training agreement has been entered into). “traineeship” means an approved training scheme under section 68(2)(a). “training agreement” means an agreement of training, binding a trainee or apprentice and an employer, made under this Act. “training consultant” means the Commissioner for Training and any other person appointed in accordance with this Act as a training consultant. “training program” means a course— (a) that contains a component of an accredited course; and (b) for which a person completing the course does not receive an award. “vocational education” means education having a vocational outcome and encompassing technical and further education including courses run by State colleges. “vocational education and training establishment” means any institution established for private or commercial purposes providing or offering a vocational education course, other than a State college. “welfare consultant” means the Commissioner for Training and any other person appointed in accordance with this Act as a welfare consultant.

s 6 13 s 7 Vocational Education, Training and Employment Act 1991 † PART 2—ADMINISTRATION † Division 1—Vocational Education, Training and Employment Commission ˙ Constitution of commission 6.(1) There is to be a body called the Vocational Education, Training and Employment Commission. (2) The commission is a body corporate with perpetual succession and a common seal and is capable in law of— (a) suing and being sued; and (b) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it; and (c) accepting gifts, grants, bequests or devises and creating and administering trust funds; and (d) doing and suffering all such other actions and things as bodies corporate may in law do and suffer. (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the common seal of the commission affixed to a document and must presume that it was duly affixed until the contrary is proved. ˙ Membership of commission 7.(1) The commission consists of— (a) 3 persons having standing as employers, 1 of whom has standing in the rural industry; and (b) 3 persons having standing with industrial organisations of employees; and (c) 3 persons having standing in the community, of whom— (i) 1 is drawn from the area of higher education; and

s 8 14 s 9 Vocational Education, Training and Employment Act 1991 (ii) another is drawn from the area of general education and nominated by the Minister charged with the administration of the Education (General Provisions) Act 1989 ; and (d) the general manager for the time being of the commission; and (e) a nominee of the Commonwealth Minister responsible for vocational education and training; and (f) the chief executive. (2) The members of the commission (other than the general manager of the commission and the chief executive) are to be appointed by the Governor in Council. (3) The Governor in Council is to designate a member of the commission to be chairperson of the commission and another member to be deputy chairperson of the commission. (4) The deputy chairperson is to act as chairperson during— (a) all vacancies in the office of chairperson; and (b) all periods when the chairperson is absent from duty or, for another reason, cannot perform the functions of the office. ˙ Commission subject to direction of the Minister 8.(1) In respect of matters of policy and in exercise of its powers, and performance of its functions, under this Act, the commission is subject to directions given to it in writing by the Minister and is to comply with such directions. (2) Directions given by the Minister in a financial year must be disclosed in the annual report furnished under section 9(m) in relation to that financial year. ˙ Functions of commission 9. The functions of the commission are— (a) to advise the Minister on the development of frameworks for the State’s vocational education, training and employment services,

s 9 15 s 9 Vocational Education, Training and Employment Act 1991 which will ensure efficient and high quality services from both the public and private sectors; and (b) to advise the Minister on vocational education, training and employment strategies, which will complement State economic and social development; and (c) to determine policy relating to regulated training including apprenticeship, traineeship and other training systems; and (d) to decide policy about— (i) the accreditation of courses; and (ii) the recognition of training programs and short courses; and (iii) the registration of persons providing courses, training programs or short courses; and (iv) the conferment of awards; and (e) to identify major vocational education, training and employment services issues and make recommendations to the Minister on policy directions; and (f) to ensure consistency in the nomenclature of awards granted to persons who have successfully completed vocational education and training; and (g) to confer with and, where it is considered necessary or desirable, extend recognition to other bodies within or outside the State on matters relating to vocational education, training and employment services; and (h) to undertake research in relation to the vocational education, training and employment system; and (i) to advise the Minister on curriculum policy formulation in relation to the vocational education and training system; and (j) to advise the Minister on capital work planning in relation to the vocational education and training system; and (k) to recognise vocational education and training establishments as approved training organisations; and (l) to advise the Minister on the most effective application of funds

s 10 16 s 10 Vocational Education, Training and Employment Act 1991 for the purpose of vocational education, training and employment services; and (m) to furnish to the Minister as soon as practicable after the end of each financial year a report of its work and activities and those of its standing committees during that financial year; and (n) to advise the Minister on such other matters as the Minister may refer to it; and (o) the commission’s functions mentioned in section 10 as the State training agency for Queensland under the National Statement; and (p) to perform the functions of an approving authority under— (i) the Industrial Relations Act 1999 ; or (ii) the Workplace Relations Act 1996 (Cwlth). ˙ Functions of commission in relation to ANTA 10.(1) The commission is the State training agency for Queensland under the National Statement. (2) In relation to ANTA, the functions of the commission are— (a) to advise ANTA about— (i) the development of vocational education and training policy; and (ii) the development of the National Strategic Plan; and (iii) the vocational education and training needs of the State; and (b) to consult with ANTA about the allocation of funds by the authority to the commission; and (c) to develop with ANTA a State Training Profile based on the planning parameters set by the Ministerial Council and the National Strategic Plan; and (d) to ensure vocational education and training is managed and delivered in accordance with the National Strategic Plan and the State Training Profile; and

s 11 17 s 11 Vocational Education, Training and Employment Act 1991 (e) to consult with ANTA to enable it to make recommendations to the Ministerial Council for the more effective and efficient delivery of vocational education and training; and (f) to provide information to ANTA to enable it to maintain national data on vocational education and training; and (g) to provide annual vocational education and training performance reports to ANTA; and (h) to perform other functions given under the National Statement to Queensland’s State training agency. ˙ Powers of commission 11. The powers of the commission are— (a) to engage a person (other than a member or employee of the commission) or a body of persons to conduct on the commission’s behalf any of its operations; and (b) to engage persons to advise it in respect of matters of an educational, administrative or technical nature; and (c) to produce and sell vocational education and training materials and services and to enter into an agreement with any person for those purposes; and (d) to exploit commercially any resources of the commission including any study, research or knowledge, or the practical application of any study, research or knowledge, developed by or within the commission or belonging (whether alone or jointly with any other person or body) to the commission; and (e) to make determinations and orders on all matters concerning recognition of vocational education and training establishments or categories of such training establishments as approved training organisations; and (f) to appoint such standing committees and subcommittees as it considers necessary to assist in the performance of its functions; and (g) to issue directions to members of a standing committee on

s 11A 18 Vocational Education, Training and Employment Act 1991 s 13 matters of policy, the exercise of their respective powers and performance of their respective functions; and (h) to recognise and establish such industry advisory bodies as it considers necessary; and (i) to make rules as prescribed; and (j) to do all things necessary or convenient to be done for or in connection with the performance of its functions. ˙ Commission is statutory body 11A.(1) Under the Statutory Bodies Financial Arrangements Act 1982 , the commission is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the Commission’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . ˙ Chairperson may sign agreements for commission 12. The chairperson of the commission is empowered to sign agreements for and on behalf of the commission, if the commission has passed a resolution to enter into the agreement. ˙ Commission’s rules 13.(1) The commission, with the approval of the Minister, may make rules with respect to— (a) the accreditation of courses; and (b) the recognition of training programs and short courses; and (c) the recognition of vocational education and training establishments as approved training organisations; and (d) the registration of entities providing courses, training programs or short courses; and (e) fees payable for the matters mentioned in paragraphs (a) to (d); and

s 14 19 s 15 Vocational Education, Training and Employment Act 1991 (f) standing committees and subcommittees appointed under section 11. 1 (2) The rules are subordinate legislation. (3) All fees payable under rules made under subsection (1) are to be paid to and are the property of the corporation. ˙ Recognition of industry training advisory bodies 14.(1) The industry training advisory bodies are the principal source of advice to the commission in relation to matters concerning vocational education and training. (2) The commission may recognise and seek advice from such other bodies or persons in relation to matters concerning vocational education and training as it thinks fit. † Division 2—Standing committees of commission ˙ Constitution of State Training Council 15.(1) There is to be constituted as a standing committee of the commission a State Training Council consisting of— (a) a member of the commission nominated by the Minister, who is the chairperson of the council; and (b) 4 persons representing employers, of whom— (i) 1 at least is a member of an industry training advisory body; and (ii) another is an executive member of an industrial organisation of employers; and (iii) another is a person experienced in enterprise based training; and (c) 4 persons representing employees, of whom 1 at least is an 1 Section 11 (Powers of commission)

s 16 20 s 16 Vocational Education, Training and Employment Act 1991 executive member of an industry training advisory body; and (d) a person representing non-government vocational education and training; and (e) 2 officers of the department nominated by the chief executive; and (f) a nominee of the Commonwealth Minister responsible for vocational education and training. (2) The members of the State Training Council are to be appointed by the commission by industrial gazette notice. (3) The members of the State Training Council are to appoint from their number a deputy chairperson for a period, not exceeding the term of appointment of the appointee to the council, determined by the members and the appointee is the deputy chairperson of the council. ˙ Functions and powers of State Training Council 16.(1) The functions and powers of the State Training Council are— (a) to advise the commission on policy matters with respect to apprenticeship and traineeship training, other training systems and such other matters as the commission may refer to it; and (b) to determine the apprenticeship callings and occupations to which this Act should be applied; and (c) to make determinations and orders on all matters concerning apprentices and apprenticeships, trainees and traineeships and other persons and their training arrangements as authorised by or under this Act; and (d) to determine the entitlements to and, where appropriate, arrange the issue of certificates indicating the training undertaken and the qualifications of persons— (i) who complete courses of training approved by the State Training Council; or (ii) who satisfy the State Training Council, in such other manner as the State Training Council accepts, as to their entitlement to any such certificates; and

s 17 21 s 17 Vocational Education, Training and Employment Act 1991 (e) to administer training agreements; and (f) to appoint such subcommittees as it considers necessary to assist in the performance of its functions; and (g) to undertake such other activities as the commission may refer to it; and (h) to furnish to the commission such reports on its work and activities as are required by the commission. (2) The State Training Council has such powers as are incident to the proper performance by it of any of its functions under this Act. ˙ Constitution of State Planning and Development Council 17.(1) There is to be constituted as a standing committee of the Commission a State Planning and Development Council consisting of— (a) a member of the commission, nominated by the Minister, who is the chairperson of the council; and (b) 2 persons representing industry training advisory bodies; and (c) 2 persons representing industry or commerce; and (d) 2 persons representing industrial organisations of employees; and (e) a person representing non-government vocational education and training; and (f) 2 officers of the department nominated by the chief executive; and (g) a nominee of the Minister charged with the administration of the Education (General Provisions) Act 1989 ; and (h) a nominee of the Minister charged with the administration of the Industrial Development Act 1963 ; and (i) a nominee of the Commonwealth Minister responsible for vocational education and training. (2) The members of the State Planning and Development Council are to be appointed by the commission by industrial gazette notice. (3) The members of the State Planning and Development Council are to

s 18 22 s 18 Vocational Education, Training and Employment Act 1991 appoint from their number a deputy chairperson for a period, not exceeding the term of appointment of the appointee to the council, determined by the members and the appointee is the deputy chairperson of the council. ˙ Functions and powers of State Planning and Development Council 18.(1) The functions and powers of the State Planning and Development Council are— (a) to advise the commission regarding short and long-term plans to meet vocational education and training needs of the State; and (b) to advise the commission on priorities regarding the application of public sector funds to meet vocational education, training and employment service needs of the State; and (c) to coordinate information and advice obtained from various industry bodies; and (d) to work with industry bodies recognised by the commission to establish mechanisms for determining priorities for vocational education and training needs; and (e) to assess information on long-term needs and immediate priorities in any industry and to advise the commission accordingly; and (f) to advise the commission regarding the development of both public and private sector delivery of vocational education, training and employment services; and (g) to undertake such other activities as the commission may refer to it; and (h) to furnish to the commission such reports on its work and activities as are required by the commission. (2) The State Planning and Development Council has such powers as are incident to the proper performance by it of any of its functions under this Act.

s 19 23 s 20 Vocational Education, Training and Employment Act 1991 ˙ Constitution of Accreditation Council 19.(1) There is to be constituted as a standing committee of the commission an Accreditation Council consisting of— (a) a member of the commission nominated by the Minister, who is the chairperson of the council; and (b) the Commissioner for Training; and (c) a person drawn from the area of higher education; and (d) a person drawn from the area of senior secondary education nominated by the Minister charged with the administration of the Education (General Provisions) Act 1989 ; and (e) 2 persons representing industrial organisations of employers; and (f) 2 persons representing industrial organisations of employees; and (g) a person representing non-government provided vocational education and training; and (h) a person representing government provided vocational education and training; and (i) a nominee of the Commonwealth Minister responsible for vocational education and training. (2) The members of the Accreditation Council are to be appointed by the commission by industrial gazette notice. (3) The members of the Accreditation Council are to appoint from their number a deputy chairperson for a period, not exceeding the term of appointment of the appointee to the council, determined by the members and the appointee is the deputy chairperson of the council. ˙ Functions and powers of Accreditation Council 20.(1) The functions and powers of the Accreditation Council are— (a) to make decisions and orders about— (i) the accreditation of courses; and (ii) the recognition of training programs and short courses; and

s 21 24 s 22 Vocational Education, Training and Employment Act 1991 (iii) the registration of entities providing courses, training programs or short courses; and (b) to review accredited courses, recognised training programs and recognised short courses to ensure maintenance of standards and portability of awards; and (c) to administer a system of awards; and (d) to liaise about accreditation and recognition with— (i) other recognition bodies; and (ii) providers of secondary and higher education; and (iii) persons conducting vocational education and training establishments; and (e) to appoint such subcommittees as it considers necessary to assist in the performance of its functions; and (f) to undertake such other activities as the commission may refer to it; and (g) to furnish to the commission such reports on its work and activities as are required by the commission. (2) The Accreditation Council has such powers as are incident to the proper performance by it of any of its functions under this Act. ˙ Appointment of advisory committees 21. The Minister may establish committees to advise the Minister on any aspect of vocational education, training or employment. † Division 3—General provisions relating to Commission and standing committees ˙ Term of appointment 22.(1) Appointment of a member of the commission or a standing committee is for a term of 3 years but if, by the expiry of that term, a successor has not been duly appointed the member continues in office,

s 23 25 s 23 Vocational Education, Training and Employment Act 1991 subject to this Act, for a period of 6 months or until a successor is duly appointed, whichever period is less. (2) The Governor in Council may at any time remove an appointed member of the commission from office, by industrial gazette notice. (3) The commission may at any time remove a member of a standing committee from office by industrial gazette notice. ˙ Vacancy in membership 23.(1) A vacancy occurs in the office of an appointed member of the commission or a standing committee if the member— (a) dies; or (b) resigns by signed writing delivered to the prescribed person; or (c) is absent, without leave of the commission or standing committee, as the case may be, first obtained and without reasonable excuse, from 3 consecutive ordinary meetings of the commission or standing committee of which meetings notice has been given to the member; or (d) ceases to be qualified as an appointed member of the commission or standing committee, as the case may be; or (e) is removed from office under section 22(2) or (3). (2) In subsection (1)— “prescribed person” means— (a) in the case of resignation of the chairperson of the commission—the Minister; (b) in the case of resignation of the chairperson of a standing committee—the chairperson of the commission; (c) in the case of resignation of any other member of the commission or a standing committee—the chairperson of the commission or standing committee, as the case may be.

s 24 26 s 26 Vocational Education, Training and Employment Act 1991 ˙ Filling casual vacancies 24.(1) If a vacancy occurs in the office of an appointed member of the commission or a standing committee during the term of the member’s appointment, appointment must be made as prescribed of a person of the relevant prescribed description to fill the vacancy. (2) A person appointed under subsection (1) holds office, subject to this Act, for the balance of the term of appointment of the predecessor in the office. (3) If the vacancy filled is in the office of a member who was the chairperson of the commission or deputy chairperson of the commission or a standing committee, the appointee to the vacancy is not such chairperson or deputy chairperson unless— (a) in the case of an office on the commission—the appointee is designated by the Governor in Council to be chairperson or deputy chairperson, as the case may be; (b) in the case of an office on a standing committee—the appointee is appointed by the members of the committee to be deputy chairperson. ˙ Manner of exercising power of Commission or standing committees 25.(1) The commission or a standing committee exercises a power or performs a function by majority vote of its members present at the meeting at which the exercise or performance is to occur. (2) A member who abstains from voting is to be taken to have voted for the negative. (3) The chairperson of the commission or a standing committee has a deliberative vote and, in the event of an equality of votes, a casting vote. ˙ Power of delegation by commission or standing committees 26.(1) The commission or a standing committee may delegate all or any

s 27 27 s 27 Vocational Education, Training and Employment Act 1991 of its powers to any appropriately qualified person 2 or other appropriate entity. (2) A standing committee must inform the commission as soon as is practicable after it has made or revoked a delegation. (3) In subsection (1)— “appropriate entity” means an entity that is constituted by, or employs, appropriately qualified persons. “appropriately qualified person” means a person with the qualifications, experience or standing appropriate to exercise the power. Example of standing— A person’s classification level in the public service. ˙ Meetings, quorum and business etc. of commission or standing committees 27.(1) Except to the extent that the regulations prescribe with respect to the following matters, the commission or a standing committee may determine— (a) the manner in which and by whom its meetings may be called; and (b) the manner in which its meetings are to be conducted; and (c) the frequency of its meetings; and (d) the notice of its meetings to be given to its members and the manner of giving notice; and (e) the quorum for its meetings; and (f) the way in which its decisions are to be made; and (g) the manner in which and by whom its decisions are recorded and the procedure for the confirmation of the correctness of that record. (2) The chairperson of the commission or a standing committee must 2 Also amended 1997 No. 1 s 495 sch 4 (see Endnotes—List of annotations)

s 28 28 s 30 Vocational Education, Training and Employment Act 1991 preside at every meeting of the commission or standing committee at which he or she is present and, in his or her absence, the deputy chairperson of the commission or standing committee, if he or she is present, must so preside. (3) If the chairperson and the deputy chairperson are both absent from a meeting, a member of the commission or standing committee, elected from among the members who are present, may preside at the meeting. ˙ Validity of proceedings 28. An action or a proceeding of the commission or a standing committee is not invalidated or prejudiced because, at the time the action was done or proceeding was taken— (a) there were vacancies in the membership of the commission or standing committee not exceeding one third of the whole number of members required to constitute the commission or standing committee; or (b) all of the members of the commission or standing committee were not present at the meeting at which the action was done or proceeding was taken; or (c) there is a defect in the qualification, appointment or membership of any member or members who joined in doing the action or taking the proceeding. ˙ Authentication of documents 29. Except as otherwise prescribed, a document made or issued by the commission or a standing committee for the purposes of this Act is sufficiently authenticated if it is made or, as the case may be, issued by the chairperson of the commission or standing committee. ˙ Remuneration to members of commission, standing committees and other committees 30.(1) Members of the commission, members of a standing committee or subcommittee of the commission or a subcommittee of a standing committee or other committee established under this Act are to be paid such

s 31 29 s 31 Vocational Education, Training and Employment Act 1991 fees, allowances and expenses (if any) as the Governor in Council determines for the time being. (2) A provision in any Act requiring the holder of a specified office to devote the whole of the holder’s time to the duties of that office or prohibiting the holder from engaging in employment outside the duties of that office does not disqualify the holder from holding that office and also the office of a member of the commission, a standing committee, or other committee or from accepting and retaining any fees, allowances or expenses payable to the member under this section. † Division 4—Vocational Education, Training and Employment Corporation ˙ Chief executive is corporation sole 31.(1) The corporation sole constituted by the Minister under the repealed Act— (a) is preserved, continued in existence and constituted for the purposes of this Act; and (b) is called the Vocational Education, Training and Employment Corporation. (2) The corporation sole is constituted by the chief executive. (3) The corporation sole— (a) has perpetual succession and an official seal; and (b) is capable in law of— (i) suing and being sued; and (ii) acquiring, holding, leasing, letting, exchanging and disposing of property; and (iii) participating in forming corporations, and being a member or manager of any corporation or unincorporated body under section 34; 3 and 3 Section 34 (Power of corporation to be a member of other bodies)

s 32 30 s 33 Vocational Education, Training and Employment Act 1991 (iv) forming or establishing, or participating in forming or establishing, any association, trust or other arrangement for any purpose calculated to further in any way the objects of this Act; and (v) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it; and (vi) accepting gifts, grants, bequests or devises and creating and administering trust funds; and (vii) doing and suffering all such other actions and things as bodies corporate may in law do and suffer. (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the official seal of the corporation affixed to a document and must presume that it was duly affixed until the contrary is proved. ˙ Chief executive subject to direction of the Minister 32.(1) In respect of matters of policy and in exercise of its powers, and performance of its functions, under this Act, the chief executive is subject to directions given to it in writing by the Minister and is to comply with such directions. (2) Directions given by the Minister in a financial year must be disclosed in the annual report of the department prepared in relation to that financial year. ˙ Functions of corporation 33.(1) The functions of the corporation are— (a) to promote the creation of employment opportunities in the State; and (b) to work in cooperation with other government bodies and industry, commerce and community groups and persons on matters concerning vocational education, training and employment services; and

s 33 31 s 33 Vocational Education, Training and Employment Act 1991 (c) to develop and provide, and to promote the development and provision by others of, vocational education and training programs with a view to meeting the State’s need for a highly skilled and adaptable workforce; and (d) to provide, and to promote the provision by others of, programs appropriate to personal skills enrichment and recreation and leisure activities; and (e) to provide encouragement and opportunities for people to enter upon and to continue learning throughout their lives; and (f) to provide facilities or services for study, research, vocational education, training and employment services; and (g) to undertake consultancy or other services for commercial organisations, public bodies or individuals; and (h) to aid or engage in the development or promotion of research associated with vocational education, training and employment or the application or use of the results of such research; and (i) to prepare, publish, distribute or license the use of literary or artistic work, audio or audiovisual material or computer software; and (j) to exploit commercially any facility or resource of the corporation including any study, research or knowledge, or the practical application of any study, research or knowledge, developed by or belonging (whether alone or jointly with any other person or body) to the corporation; and (k) to seek or encourage gifts to or for the purpose of the corporation; and (l) to undertake research and development related to all or any of its functions; and (m) to pursue any other object or purpose not inconsistent with this Act, which the corporation considers appropriate. (2) The function specified in subsection (1)(k) does not extend to seeking or encouraging gifts in consideration of benefits to be conferred by the corporation.

s 33A 32 Vocational Education, Training and Employment Act 1991 s 34 (3) If a gift is made to the corporation, details of the gift and of any condition to which it is subject must be recorded in a register of gifts kept by the corporation and held available for public inspection free of charge. ˙ Corporation is statutory body 33A.(1) Under the Statutory Bodies Financial Arrangements Act 1982 , the corporation is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the Corporation’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . ˙ Power of corporation to be a member of other bodies 34.(1) The corporation or a person authorised by it for the purpose— (a) may become and be a member or manager of any corporation or any unincorporated body that— (i) has among its objects vocational education, training and employment or research or any associated matter; or (ii) in the opinion of the corporation, is engaged in the furtherance of vocational education, training or employment; and (b) may enter into agreements with any corporation, body or person in respect of any of those objects. (2) Nothing in subsection (1)(a) is to be construed as empowering the corporation to assume membership or management of any corporation or unincorporated body except pursuant to agreement with its governing body. (3) The corporation or its nominee may be a member of the governing body of any corporation or unincorporated body of which it, or the nominee, is a member or manager. (4) The corporation may incur expenditure for contributions or other liability that membership of a corporation or unincorporated body entails.

s 35 33 s 38 Vocational Education, Training and Employment Act 1991 ˙ Returns to be furnished as required 35. A corporation in whose formation the corporation has participated, and a corporation or unincorporated body of which the corporation, or its nominee, is a member or manager must furnish to the Minister reports, returns and information as to its affairs required by the Minister from time to time. ˙ Use of facilities and staff 36. The corporation may contract, or enter into an arrangement, with any person or body for the use by that person or body of the facilities and staff available to the corporation. ˙ Power to continue and establish State colleges 37. The corporation may— (a) continue and maintain all State colleges in existence at the commencement of this Act; and (b) establish and maintain such State colleges as it considers necessary or desirable for the purposes of this Act. ˙ Powers incident to maintaining State colleges 38.(1) For maintaining State colleges, the chief executive may make provision for, or rules with respect to, any of the following matters— (a) management and conduct of State colleges and the powers and duties of persons engaged in conducting such colleges or any part of them; (b) production and sale of vocational education and training materials, services for vocational education and training and the making of agreements with persons in respect of such materials or services; (c) courses to be offered and services to be provided in State colleges; (d) exploitation commercially of facilities and resources of the chief executive (including studies, research and knowledge and the practical application of them) developed by the chief executive, or

s 39 34 s 39 Vocational Education, Training and Employment Act 1991 belonging (whether alone or jointly with any other person or body) to the chief executive; (e) effectual use of property, apparatus and appliances of State colleges for vocational education and training; (f) establishment of facilities designed to support provision of vocational education and training and conditions on which such facilities may be used; (g) establishment and conduct of research and consultancy centres and the affiliation of a State college with an educational or research establishment; (h) use of State colleges’ premises, property, apparatus, facilities and materials for purposes other than vocational education and training; (i) conditions for enrolment and obtaining instruction in State colleges other than the payment of fees; (j) attendance of students at State colleges and exclusion and expulsion of students or any other persons from State colleges; (k) assessment of students and granting of academic awards; (l) establishment and conduct of student organisations; (m) disciplinary penalties for breaches of rules applicable in State colleges; (n) enforcement of occupational health and safety conditions considered by the chief executive to be necessary; (o) other matters associated with or relevant to the maintenance of State colleges or the provision of vocational education and training considered by the chief executive to be appropriate. (2) A rule is subordinate legislation. ˙ Trespass on State colleges 39.(1) A person must not be on premises comprising a State college except with lawful authority or excuse.

s 40 35 s 41 Vocational Education, Training and Employment Act 1991 Maximum penalty—40 penalty units. (2) A person found on premises in contravention of subsection (1), who fails to comply with a request to leave the premises, may be removed from the premises by— (a) the director of the State college concerned or a person authorised by the director; or (b) a police officer; using such reasonable force as is necessary for the purpose. (3) The director, authorised person or police officer may require a person found contravening subsection (1) to state in full details of the person’s name and the address of his or her place of residence and, if it is suspected on reasonable grounds that a name or address stated is not correct, to produce evidence of the correctness of the person’s name or place of residence. (4) A police officer exercising power under this section is acting in execution of duty. ˙ Production and sale of materials and services 40.(1) The corporation may produce and sell vocational education and training materials and services and may make agreements with any persons for those purposes. (2) The corporation is not empowered to prescribe or require the use of materials or services produced under subsection (1) in any place other than a State college. ˙ Power of delegation by corporation 41. The corporation may delegate all or any of its powers under this Act to any person.

s 42 36 s 43 Vocational Education, Training and Employment Act 1991 † Division 5—Trusts, gifts and fees ˙ Approved scheme 42. In this division— “approved scheme” means a scheme prepared under section 43(1) and approved by the Minister. ˙ Variation of trust purposes 43.(1) If property is held by or for the commission or corporation, at the commencement of this Act or at any later time, on terms requiring the property or income from the property to be applied to any purpose and— (a) the purpose has been effected; or (b) the purpose has ceased to exist; or (c) the purpose has been adequately provided for otherwise; or (d) the purpose is uncertain or insufficiently defined or cannot be identified; or (e) it is or becomes impossible, impracticable or inexpedient to carry out the purpose; or (f) the property or income from the property is inadequate to carry out the purpose; the commission or corporation, as the case may be, may, subject to this section, cause to be prepared a scheme by which the property or any part of it or the income from the property will be applied to a purpose designated in the scheme. (2) A scheme prepared under subsection (1) must be submitted to the Minister and is of no effect unless it is approved by the Minister. (3) Immediately on the Minister approving of a scheme the approved scheme must be published in the industrial gazette. (4) When an approved scheme takes effect in relation to property, the property or income from the property, according as the scheme provides— (a) is not to be applied to the purpose for which it was held

s 44 37 s 45 Vocational Education, Training and Employment Act 1991 immediately before the approved scheme took effect; and (b) is to be applied to the purpose designated in the approved scheme. (5) It is not competent for the commission or corporation to cause a scheme to be prepared under subsection (1) if an instrument of trust under which property is held on trust provides for the consequences to ensue upon the happening of the events that have occurred. ˙ Amendment of approved scheme 44.(1) The commission or corporation may amend an approved scheme by submitting the desired amendment to the Minister. (2) An amendment of an approved scheme is of no effect unless it is approved by the Minister. (3) On an amendment being approved by the Minister— (a) the amendment as approved must be published in the industrial gazette; and (b) the approved scheme, amended in accordance with the amendment as approved, becomes the approved scheme in relation to the property to which it relates, or to the part of that property to which the approved scheme as so amended relates. ˙ Requirement for schemes 45.(1) In selecting a purpose to be designated in a scheme prepared under section 43(1), 4 or in an amendment of an approved scheme, the commission or corporation is to select a purpose that in its opinion is as nearly similar to the purpose for which the property in question is held by or for it immediately before the scheme’s preparation or amendment as is consistent with— (a) usefulness of purpose; and (b) convenient realisation. (2) The fact that any purpose other than one selected by the commission 4 Section 43 (Variation of trust purposes)

s 46 38 s 48 Vocational Education, Training and Employment Act 1991 or corporation might have been selected, or should have been selected, in connection with any scheme is not to be adjudged sufficient reason— (a) to declare invalid or defective the selection made by the commission or corporation; or (b) to prevent the carrying out of the purpose selected by the commission or corporation. ˙ Recording schemes in land register 46.(1) If property to which an approved scheme, or an amendment of an approved scheme, relates consists wholly or partly of land, within 1 month following publication of the approved scheme or amendment in the industrial gazette the commission or corporation must notify the Registrar of Titles or other person charged by law with recording dealings in respect of the land of the approved scheme or amendment. (2) On receipt of the notification and of a request by or on behalf of the commission or corporation in acceptable form, the registrar or other person is to cause to be made in the appropriate register all such entries as are necessary to record the existence of the approved scheme or the amendment. ˙ Rights and jurisdiction in equity not affected 47. Except as is otherwise prescribed by this division, the provisions of this division do not affect— (a) rights, entitlements and obligations conferred or imposed by law in respect of property held on trust; or (b) the jurisdiction of a court to enforce, or declare with respect to, trusts. ˙ Disposal of moneys 48. All fees and other moneys received under authority of this Act are to be applied to the purposes of this Act.

s 49 39 s 52 Vocational Education, Training and Employment Act 1991 † Division 6—Employment of staff and other persons ˙ Commission employees etc. employed under Public Service Act 49.(1) The commission may employ persons and engage training and welfare consultants for this Act. (2) A person may be employed as both a training consultant and a welfare consultant. (3) The persons and consultants are to be employed under the Public Service Act 1996. † Division 7—State college councils ˙ Establishment and constitution of councils 52.(1) In this section— “officer” of a State college means an officer of the public service employed at the State college. (2) A college council must be established for each State college in the way decided by the Minister. (3) Subject to any variation therein directed by the Minister, a State college council consists of— (a) the director, who is a member ex officio and is executive officer of the council; and (b) an officer of the department nominated by the chief executive; and (c) an officer of the Commonwealth department responsible for vocational education and training nominated by the chief officer of the Commonwealth department in the State; and (d) an officer of the State college nominated by the staff; and (e) a student representative nominated by the student body recognised by the director as representing the students enrolled at the college; and

s 53 40 s 53 Vocational Education, Training and Employment Act 1991 (f) a person nominated by an industrial organisation of employers, selected by the director; and (g) a person representing industrial organisations of employees, nominated by the Trades and Labor Council of Queensland; and (h) the chairperson for the time being of any campus council associated with the State college, who is a member ex officio; and (i) a person drawn from the area of general education, nominated by the Minister for Education; and (j) a number of persons, not exceeding 8, as representing— (i) industry; (ii) commerce; (iii) industrial organisations of employees; (iv) local government; (v) general education; (vi) the community at large; nominated by the director; and (k) a number of persons, not exceeding 3, as representing industries in the region in which the State college is situated, nominated by the relevant industry training advisory bodies. (4) Directions given by the Minister in any financial year must be disclosed in the annual report of the department prepared in relation to that financial year. ˙ Functions of State college council 53. The functions of a State college council are— (a) at the college level— (i) to consult with and advise the director on all matters pertaining to the policy and direction of the State college, including— (A) the strategic direction of the college and its profile of

s 53 41 s 53 Vocational Education, Training and Employment Act 1991 services to be offered for inclusion in the college development plan, commitment plan and financial estimates; and (B) priorities of courses and activities; and (C) identification of ongoing and emerging needs in vocational education and training in the community; and (D) physical and human resources to provide courses and activities; and (E) the need for review and development of services to students; and (F) the relevance of college curricula; and (G) joint ventures with industry, commerce and the community; and (ii) to assist the director, where appropriate, in any review, negotiation or other process in relation to any matter referred to in subparagraph (i); and (iii) if required by the director to do so— (A) to assist the director in assessment of overall student performance; and (B) to assist in college staffing by participating in selection panels; and (C) to assist in college operations by providing representation on college committees; and (D) to participate in college procedures for determining appeals by students against assessment, exclusion or discipline; and (iv) to provide a means of communication and information between the college and the community; and (v) in consultation with industry training advisory bodies, to encourage the establishment of local industry advisory committees; and (vi) to advise in relation to appointment of the director, if

s 54 42 s 54 Vocational Education, Training and Employment Act 1991 requested to do so by the chief executive; and (vii) to establish subcommittees, and arrange for assistance as required, to assist the council in performance of its functions; and (b) at the regional level—to advise or inform management in the region as to— (i) regional needs; and (ii) initiatives, strategies, networks and cooperative endeavours between the college and other regional institutions or bodies; with a view to improving regional economic development by making the most effective use of resources available for vocational education, training and employment services; and (c) at the State level— (i) to inform the commission on council’s view of— (A) existing commission policies relating to vocational education, training and employment; and (B) future policy directions proposed by the commission; and (ii) to identify issues related to vocational education, training and employment which need to be considered by the commission; and (iii) to advise the commission as to ways and means of improving the service delivery of the network of State colleges and the operations of State college councils. ˙ Appointment of members 54.(1) The members of a State college council, other than a member ex officio, are to be appointed by the Minister. (2) Appointment of a member of a State college council is for a term of 3 years but if, by the expiry of that term, a successor has not been duly appointed the member continues in office, subject to this Act, for a period of 6 months or until a successor is duly appointed, whichever period is less.

s 55 43 s 58 Vocational Education, Training and Employment Act 1991 ˙ Removal of members 55. A member of a State college council, other than a member ex officio, may be removed from office at any time by the Minister, by written notice given to the member. ˙ Chairperson, deputy chairperson 56. The members of a State college council are to appoint from their number a chairperson and a deputy chairperson for a period, not exceeding the term of appointment of the appointee to the council, directed by the Minister or, if there be no direction by the Minister, determined by the members, and the appointee is the chairperson or deputy chairperson of the council. ˙ Vacancy in membership 57. A vacancy occurs in the office of an appointed member of a State college council if the member— (a) dies; or (b) resigns by signed writing delivered to the director; or (c) is absent, without leave of the council first obtained and without reasonable excuse, from 3 consecutive ordinary meetings of the council of which meetings notice has been given to the member; or (d) is removed from office as prescribed. ˙ Filling casual vacancies 58.(1) If a vacancy occurs in the office of an appointed member of a State college council during the term of the member’s appointment, the Minister may appoint a person to fill the vacancy. (2) A person appointed under subsection (1) holds office, subject to this Act, for the balance of the term of appointment of the predecessor in the office.

s 59 44 s 61 Vocational Education, Training and Employment Act 1991 † Division 8—ANTA ˙ Conferral of functions on ANTA in relation to State 59. ANTA has the functions, in relation to the State, that are expressed to be conferred on it by the ANTA Act. ˙ Powers of ANTA in State 60.(1) In this State, ANTA has power to do all things in the performance of the functions, and may exercise the powers, expressed to be conferred on it by— (a) this Act; or (b) the ANTA Act; or (c) the law of another State or a Territory corresponding to this Act. (2) In this State, ANTA also has power to do all things necessary or convenient to be done in the performance of the functions expressed to be conferred on it by the laws mentioned in subsection (1). (3) This section is in addition to, and does not limit, another law of the Commonwealth, a State or a Territory that confers power on ANTA. † PART 3—TRAINING ADMINISTRATION † Division 1—Vocational education and training establishments ˙ Recognition of vocational education and training establishments as approved training organisations 61.(1) The commission may require such vocational education and training establishments, or categories of such establishments, as are notified from time to time in the industrial gazette to be recognised as approved training organisations in accordance with this section.

s 61 45 s 61 Vocational Education, Training and Employment Act 1991 (2) The person responsible for the conduct and management of a vocational education and training establishment in respect of which, or of a category in respect of which, a notification has been published under subsection (1) must make application to have the vocational education and training establishment recognised as an approved training organisation and when it is so recognised must keep the establishment so recognised. (3) A person responsible for the conduct and management of a vocational education and training establishment may voluntarily apply to have that establishment recognised by the commission as an approved training organisation. (4) Every application for recognition under this section— (a) must be made to the chairperson of the commission in a form determined by the commission; and (b) must contain such particulars as are determined by the commission; and (c) must be accompanied by the prescribed fee. (5) The commission must consider each application and may grant or refuse it. (6) If the commission grants an application, it must issue a certificate of recognition to the applicant. (7) A certificate of recognition issued under this section— (a) must be in a form determined by the commission and contain such particulars as are determined by the commission; and (b) is in force for the period specified by the commission in the certificate unless sooner cancelled or suspended; and (c) is subject to such terms, conditions or restrictions as are specified by the commission in the certificate; and (d) authorises the holder to do such actions and things as are specified by the commission in the certificate; and (e) may be transferred, surrendered or renewed; and (f) may be amended, altered, varied or modified by the commission. (8) The commission must establish and maintain a register of vocational

s 62 46 s 63 Vocational Education, Training and Employment Act 1991 education and training establishments recognised as approved training organisations under this Act. (9) The register is to be in such form and contain such particulars as are determined by the commission. ˙ Renewal of certificate 62.(1) The holder for the time being of a certificate of recognition of an approved training organisation may apply to have the certificate renewed in accordance with this section. (2) An application for renewal of recognition— (a) must be made to the chairperson of the commission in a form determined by the commission; and (b) must contain such particulars as are determined by the commission; and (c) must be accompanied by the prescribed fee. (3) The commission must consider each application for renewal and may grant or refuse it. (4) If the commission grants an application for renewal, it must cause written notification to be given to the applicant together with written notification of— (a) the period of renewal; and (b) the terms, conditions and restrictions (if any) imposed by it on the renewal. ˙ Notification of refusal of application 63. If the commission refuses an application for a certificate under section 61 5 or an application for renewal of a certificate under section 62 6 it 5 Section 61 (Recognition of vocational education and training establishments as approved training organisations) 6 Section 62 (Renewal of certificate)

s 64 47 s 65 Vocational Education, Training and Employment Act 1991 must cause written notification to be given to the applicant together with written notification of the reasons for its refusal. ˙ Conduct of unrecognised establishment required to be recognised 64. After the expiry of 60 days following publication of a notification under section 61(1) a person must not conduct a vocational education and training establishment in respect of which, or of a category in respect of which, the notification was published, if there is not in force in respect of the establishment a certificate of recognition issued under section 61. Maximum penalty—40 penalty units. ˙ Cancellation or suspension of recognition as approved training organisation 65.(1) The commission may cancel or suspend for any period a certificate of recognition under section 61 if— (a) the certificate was issued in error or granted in consequence of a false or misleading document, statement or representation; or (b) the holder is convicted of an offence against this Act or contravenes any term, condition or restriction of the certificate; or (c) there has been a substantial change in the establishment to which the certificate relates since its issue; or (d) for any reason the commission is of the opinion that the holder is not a fit and proper person to hold it. (2) The power to cancel or suspend a certificate of recognition includes power to cancel or suspend the certificate wholly or partly. (3) A lawful cancellation or suspension of a certificate of recognition does not give rise to a right to compensation. (4) The holder of a certificate of recognition that is cancelled or suspended must deliver the certificate to the chairperson of the commission within 7 days following demand made on the holder therefor. Maximum penalty—40 penalty units.

s 66 48 s 66 Vocational Education, Training and Employment Act 1991 (5) If a person convicted of an offence against this Act that consists in a failure to comply with subsection (4) fails to deliver the certificate to the chairperson of the commission within 14 days following the conviction, that person commits a continuing offence, which may be charged in 1 complaint, from time to time, in respect of any period, and is liable to a penalty not exceeding 2 penalty units for each day during which the failure continues. ˙ Offence re advertising vocational education and training establishment or program 66.(1) In this section— “vocational education and training establishment” includes a State college. (2) A person who— (a) publishes in the State; or (b) in the State, does any action or takes any step to cause to be published outside the State; any advertisement or statement relating to— (c) a vocational education and training establishment; or (d) a program or course of instruction relating to vocational education or training; that the commission considers to be false or misleading may be called on, by written notice signed by the chairperson of the commission, to show cause to the commission on a day and at a time and place specified in the notice why publication of the advertisement or statement should not be discontinued. (3) If a person called on under subsection (2) fails to appear in response to the notice, or, having appeared, fails to show sufficient cause in the commission’s opinion, the commission, if it is satisfied that the advertisement or statement is false or misleading, may by its order direct that publication of the advertisement or statement be discontinued. (4) A person to whom an order made under subsection (3) is directed must comply immediately with the order.

s 67 49 s 67 Vocational Education, Training and Employment Act 1991 Maximum penalty—40 penalty units. (5) If a person convicted of an offence against this Act that consists of a failure to comply with an order made under subsection (3) fails to discontinue publication of the advertisement or statement to which the order relates within 14 days following the conviction, that person commits a continuing offence, which may be charged in 1 complaint, from time to time, in respect of any period, and is liable to a penalty not exceeding 2 penalty units for each day during which the failure continues. ˙ Control over matters about the conferring of awards 67.(1) In this section— “advertisement” of a matter includes a verbal or written representation that— (a) is intended to inform, or is likely to have the effect of informing, another person of the matter; or (b) is intended, or likely, to induce another person to believe the matter. “prescribed words” means— (a) if the course for which the award is issued has not been accredited— ‘The course for which this award is issued has not been accredited under the Vocational Education, Training and Employment Act 1991 ’; and (b) if the entity conferring or offering to confer the award is not registered to provide the course for the award— ‘The provider of this award is not registered under the Vocational Education, Training and Employment Act 1991 ’. “vocational education and training establishment” includes a State college. (2) A person conducting a vocational education and training establishment is authorised to confer an award if— (a) the award is for a course accredited by the Accreditation Council

s 67 50 s 67 Vocational Education, Training and Employment Act 1991 and the person— (i) provides, and is registered by the Accreditation Council to provide, the course; or (ii) is authorised to confer the award by the entity that provides, and is registered by the Accreditation Council to provide, the course; or (b) the person is authorised by a law of the Commonwealth, another State or a Territory to confer the award. (3) A person conducting a vocational education and training establishment who is not authorised to confer an award must not— (a) confer the award; or (b) offer to confer the award; or (c) advertise that the person is authorised to confer the award. Maximum penalty—40 penalty units. (4) A person conducting a vocational education and training establishment must not advertise that another person who is not authorised to confer an award— (a) confers the award; or (b) offers to confer the award; or (c) is authorised to confer the award. Maximum penalty—40 penalty units. (5) Subsections (3) and (4) apply to— (a) a person conducting a vocational education and training establishment in Queensland who does any of the acts mentioned in either subsection in Queensland or elsewhere; and (b) a person conducting a vocational education and training establishment outside Queensland who does any of the acts mentioned in either subsection in Queensland. (6) Despite subsection (3), a person who is not authorised to confer an award may—

s 68 51 s 68 Vocational Education, Training and Employment Act 1991 (a) if the prescribed words are written on the award—confer the award; and (b) if the prescribed words are stated in any offer or advertisement made by or on behalf of the person—offer to confer the award or advertise that the person may lawfully confer the award. † Division 2—Approved training schemes ˙ Approved training schemes 68.(1) The State Training Council may approve a type of training scheme (an “approved training scheme” ) it considers necessary or desirable to advance the knowledge and skills required in industry or commerce. (2) An approved training scheme may consist of— (a) a traineeship; or (b) an apprenticeship— (i) in an apprenticeship calling; or (ii) to a group of occupations, at least 1 of which is an apprenticeship calling; or (iii) in part of an apprenticeship calling. (3) The council must decide the training required to be completed by a trainee or apprentice in an approved training scheme. (4) The training may include a course of instruction or on-the-job training. (5) A person employing an apprentice in an approved training scheme must employ the apprentice under a training agreement. Maximum penalty—40 penalty units. (6) The council may require or authorise a trainee, or a type of trainee, employed in an approved training scheme to be employed under a training agreement. (7) An employer may apply to the council to employ a person, under a training agreement, in a training scheme not approved by the council.

s 69 52 s 69 Vocational Education, Training and Employment Act 1991 (8) If the council approves the application, this Act applies to the training agreement as if the training scheme were an approved training scheme. (9) The council may approve a trade, generally or in a particular industry, to be an apprenticeship calling. (10) The provisions of this Act about apprenticeships or apprentices apply to all apprenticeship callings. (11) The council must notify an approval under subsection (1) or (9) in the industrial gazette. ˙ Prohibition of premium for training scheme 69.(1) In this section— “trainee” includes an apprentice. (2) A person must not demand, accept or agree to accept (directly or indirectly) from another person a premium for— (a) employing a trainee in a training scheme; or (b) inducing, or attempting to induce, another person to employ a trainee in a training scheme; or (c) cancelling a training agreement. Maximum penalty—40 penalty units. (3) If a court finds a person guilty of accepting a premium in contravention of subsection (2), it may order the person to— (a) return the premium to the person who gave the premium; or (b) reimburse the person who gave the premium. (4) Subsection (3) does not affect the court’s power to impose a penalty. (5) An order under subsection (3) may be filed in a court with jurisdiction in an action for debt for the amount payable under the order ( “filing court” ) and be enforced as an order of the filing court.

s 70 53 s 70 Vocational Education, Training and Employment Act 1991 ˙ Training agreements 70.(1) In this section— “trainee” includes an apprentice. (2) If an employer agrees to employ a person in an approved training scheme that requires employment under a training agreement, the employer must send to the State Training Council— (a) an application for the person’s registration as a trainee; and (b) a training agreement. Maximum penalty—40 penalty units. (3) The application and training agreement must be signed by the following persons (the “parties to the agreement” )— (a) the employer; (b) the person; (c) if the person is a minor—the person’s guardian. (4) On receiving the application and training agreement, the council must record the following particulars in a register— (a) the names of the parties to the agreement; (b) any other particulars decided by the council. (5) The council must consider the application and approve or refuse it. (6) After making the decision, the council must promptly— (a) if it approves the application—return a copy of the approved training agreement to each of the parties to the agreement; or (b) if it refuses the application— (i) write to each of the parties to the agreement giving the reasons for the refusal; and (ii) remove the person’s particulars from the register.

s 71 54 s 72 Vocational Education, Training and Employment Act 1991 (7) The training agreement binds— (a) the trainee and the trainee’s employer throughout the period of the agreement; and (b) the trainee’s guardian while the trainee is a minor. ˙ Trainee probation 71.(1) In this section— “trainee” includes an apprentice. (2) A trainee is employed on probation from the start of work with the trainee’s employer for the period (of no more than 180 days) specified by the State Training Council. (3) The probationary period is part of the period to be served in a training scheme. (4) The probationary period is extended by any period for which a trainee is absent from work. (5) A trainee’s service may be terminated during the probationary period by 1 week’s notice (a “termination notice” ) given by— (a) the trainee to the employer; or (b) the employer to the trainee. (6) A trainee who terminates the service without giving a termination notice loses an amount equal to 1 week’s wages to the employer. (7) An employer who terminates the service without giving a termination notice must pay the trainee an amount equal to 1 week’s wages. (8) An amount owed by a person to another person because of subsection (6) or (7) may be recovered by an action in an Industrial Magistrates Court or as otherwise prescribed by an Act. ˙ Amendment of training agreement 72.(1) A party to a training agreement who wants to amend the agreement must send an application for amendment to the State Training Council.

s 73 55 s 73 Vocational Education, Training and Employment Act 1991 (2) The council must consider the application and approve or refuse it. (3) After making the decision, the council must promptly— (a) if it approves the application—return a copy of the approved amendment to each of the parties to the agreement; or (b) if it refuses the application—write to each of the parties to the agreement giving the reasons for the refusal. ˙ Period of training scheme 73.(1) In this section— “trainee” includes an apprentice. “training period” means the period of an approved training scheme to be served by a trainee under a training agreement. (2) For each type of approved training scheme, the State Training Council must decide whether the training period is completed— (a) at the end of a period specified by the council; or (b) when the trainee reaches a level of competence indicating to the council that the trainee is qualified in the occupation or trade concerned. (3) The council may reduce or extend the training period to be served by a particular trainee by a period it considers appropriate. (4) The council may reduce the training period if the council considers it appropriate because— (a) of the experience and knowledge gained by the trainee before starting the training scheme; or (b) of the experience and knowledge gained by the trainee when employed under a training agreement that has since been cancelled; or (c) the trainee is making exceptional progress in gaining theoretical or practical knowledge of the occupation or trade concerned. (5) The council may extend the training period if it considers the trainee is not making appropriate progress in gaining theoretical or practical

s 74 56 s 75 Vocational Education, Training and Employment Act 1991 knowledge of the occupation or trade concerned. (6) If the council reduces or extends the training period, the training agreement is taken to be amended in the same way. (7) The council may cancel a training agreement if it considers it unlikely that the trainee will make appropriate progress in gaining theoretical or practical knowledge of the occupation or trade concerned. (8) The council must give the trainee a certificate of completion if it is satisfied that the trainee has completed an approved training scheme. ˙ Temporary assignment of trainee 74.(1) In this section— “trainee” includes an apprentice. (2) A trainee may be assigned from the trainee’s employer to another person for training for a period (of no more than 6 months) specified by the State Training Council. (3) The employer of a trainee who wants to assign the trainee must send an application for assignment to the council. (4) The council must consider the application and approve or refuse it. (5) After making the decision, the council must promptly— (a) if it approves the application—give written notice of the approval to each of the parties to the application; or (b) if it refuses the application—write to each of the parties to the application giving the reasons for the refusal. ˙ Trainees attendance at courses of instruction 75.(1) In this section— “trainee” includes an apprentice. (2) The State Training Council may decide that a trainee, as part of an approved training scheme, must take a specified course of instruction—

s 77 57 s 77 Vocational Education, Training and Employment Act 1991 (a) by attending a State college, another college or a school approved by the council; or (b) by correspondence with a State college. (3) The council must give written notice of the decision to— (a) the trainee; and (b) the trainee’s employer; and (c) if the trainee is a minor—the trainee’s guardian. (4) The trainee and employer must comply with the decision. Maximum penalty—40 penalty units. (5) An employer must allow a trainee to take annual holidays at a time other than when the trainee is required to take a specified course. Maximum penalty—40 penalty units. ˙ Minimum qualifications for apprenticeships 77.(1) The State Training Council may decide, by industrial gazette notice— (a) the age; and (b) the minimum standard of education; a person must have reached (the “minimum qualifications” ) before the person may enter into an apprenticeship. (2) Different minimum qualifications may be decided for different types of apprenticeships. (3) If a person has received education outside the State, the minimum standard of education is the standard the council decides is equal to the standard decided under subsection (1) for the apprenticeship calling concerned. (4) Despite subsection (1), the council may allow a person who does not have the minimum qualifications to enter into an apprenticeship.

s 78 58 s 79 Vocational Education, Training and Employment Act 1991 ˙ Restrictions on employing persons under 21 in an apprenticeship calling 78.(1) A person must not employ or use a person who has not reached 21 years (a “youth” ) in an apprenticeship calling unless the youth— (a) has completed an apprenticeship in the calling; or (b) is an apprentice in the apprenticeship calling employed by the person. (2) A person must not employ a youth as an apprentice in an apprenticeship calling other than under this Act. (3) A youth must not, without first obtaining the approval of the State Training Council— (a) engage in an apprenticeship calling on the youth’s own behalf unless the youth has completed an apprenticeship in the calling; or (b) enter employment with another person as an apprentice other than under this Act. Maximum penalty—40 penalty units. ˙ Employer’s entitlement to apprentice 79.(1) In this section— “person” includes— (a) a person who contracts the person’s work out, wholly or substantially, to subcontractors; or (b) a group training scheme; or (c) an industrial organisation; or (d) a group of 2 or more persons. 7 (2) The State Training Council may allow a person to employ at least 1 apprentice in an apprenticeship calling if— 7 This definition is included to avoid doubt, despite the Acts Interpretation Act 1954 , section 32C.

s 81 59 s 81 Vocational Education, Training and Employment Act 1991 (a) the person— (i) is a tradesperson in the calling; or (ii) employs a tradesperson in the calling; or (iii) is able to make arrangements in the person’s business to make tradespersons in the calling available to train apprentices; and (b) the person satisfies the council that the person has (or has made arrangements to ensure there will be) sufficient plant, facilities and tradespersons to adequately train the apprentice in the calling. (3) If a group of more than 1 person is permitted to employ an apprentice, the council must— (a) decide the liabilities of each member of the group under the apprenticeship; and (b) give each member written notice of the liabilities. (4) Each member must comply with the decision. Maximum penalty—40 penalty units. † Division 3—Other training arrangements ˙ Pre-apprenticeship, pre-vocational and full-time institutional training 81.(1) The State Training Council may approve that— (a) a pre-apprenticeship course of instruction in an apprenticeship calling; or (b) a pre-vocational course of instruction in a specified group of apprenticeship callings; or (c) a full-time educational and training course of instruction as an alternative to apprenticeship training in an apprenticeship calling; be introduced into a State college or any other college or school approved by the council for the purpose. (2) The State Training Council must consider every course introduced

s 82 60 s 82 Vocational Education, Training and Employment Act 1991 under this section and may determine whether a further period of training under a training agreement is necessary for persons who have completed the course to enable them to become competent in that apprenticeship calling for the purpose of being issued with a completion of apprenticeship certificate. (3) If the State Training Council determines a further period of training under a training agreement is necessary, it must determine that period. (4) A determination under subsection (2) may also specify that a person undertake a specified course of instruction by attendance at a State college or other college or school approved by the State Training Council during that period. ˙ Recognition of work or training 82.(1) A person may apply to the State Training Council to have any work or training previously performed or undertaken by that person recognised. (2) Any such applicant must supply to the State Training Council full details of— (a) in the case of work performed— (i) the period during which it was performed; and (ii) the name and place of business of the applicant’s employer (if any) when the work was performed; (b) in the case of training undertaken— (i) the period during which it was undertaken; and (ii) the name and place of business of the person or institution responsible for the training. (3) If, after such investigation as it thinks fit of the work or training performed or undertaken by the applicant, the State Training Council is of the opinion that the applicant has had experience and has expertise in a particular occupation sufficient to qualify the person as the holder of a status in relation to that occupation, the State Training Council may— (a) recognise the person’s work or training or both; and (b) issue to the person a certificate to the effect that the person is

s 90 61 s 90 Vocational Education, Training and Employment Act 1991 qualified to hold that status and is entitled as specified in the certificate. (4) A person to whom a certificate is issued under subsection (3) is to be taken to hold the status referred to in the certificate and has all the entitlements specified in the certificate. (5) The State Training Council may cancel a certificate issued under subsection (3) if— (a) the certificate was issued in error or granted in consequence of false or misleading information; or (b) the issue of the certificate was contrary to law. (6) The holder of a certificate that is cancelled must deliver the certificate to the Commissioner for Training within 7 days following demand made on the holder. Maximum penalty for subsection (6)—40 penalty units. † Division 5—General provisions ˙ Effect of death or retirement of partner or transfer of business 90.(1) A training agreement by which a person is bound to partners is not determined merely because of the death or retirement of a partner but is to be taken to be assigned to the surviving or continuing partner or partners. (2) Where a partnership is dissolved and the parties cannot agree as to whom a training agreement is to be assigned, the matter is to be decided by the State Training Council. (3) If an apprentice or trainee becomes an employee of an employer (the “new employer” ) because of the transfer of a business to the new employer from another employer, the training agreement is taken to be assigned to the new employer. (4) The new employer must give the State Training Council written notice of the name of the new employer within 21 days after the transfer.

s 91 62 s 92 Vocational Education, Training and Employment Act 1991 ˙ Temporary inability of employer to provide work 91.(1) An employer who is temporarily unable to provide work to employ fully an apprentice or trainee during ordinary working time may apply in writing to the State Training Council for permission— (a) to stand down the apprentice or trainee; or (b) to employ the apprentice or trainee for less than the full working time per week or per month at a remuneration in accordance with the time worked proportionate to the relevant weekly wage of the apprentice or trainee; and the Council must determine the matter. (2) Where the State Training Council grants permission under subsection (1) it may impose such conditions as it thinks fit. (3) Unless the State Training Council determines otherwise as a condition of its permission, where an apprentice or trainee is stood down or employed for less than the apprentice’s or trainee’s full working time with permission under subsection (1), the year of apprenticeship of the apprentice or the stage of training of the apprentice or the period of the training agreement is to be extended by the time so lost. (4) The State Training Council may determine that the year of apprenticeship or stage of training of the apprentice or the period of the training agreement is to be extended for a period less than the time so lost, or not extended, and may impose conditions on the apprentice or trainee. ˙ Inspection of time and wages record 92.(1) An employer must produce a time and wages record for inspection by— (a) a training consultant; or (c) a person authorised by the State Training Council. (2) In this section— “time and wages record” see the Industrial Relations Act 1999 , section 363.

s 93 63 s 94 Vocational Education, Training and Employment Act 1991 ˙ Training record 93.(1) The State Training Council may, for the purposes of this section, from time to time issue to an apprentice or trainee, a training record containing instructions in respect of the completion of the record. (2) A person to whom a training record is issued must maintain in it a record of his or her training and produce it to the employer from time to time in accordance with— (a) the instructions contained in the record; and (b) such further written instructions as the State Training Council gives to the person, from time to time. Maximum penalty—40 penalty units. (3) An employer to whom a training record is produced must make, in respect of each entry, a notation indicating whether or not the entry is correct. Maximum penalty—40 penalty units. (4) A notation may be in respect of more than 1 entry. (5) On being required to do so by a training consultant or welfare consultant, a person to whom a training record is issued under subsection (1) must produce the record for inspection. Maximum penalty—40 penalty units. ˙ Period of absence from employment may be added to training period 94.(1) In this section— “trainee” includes an apprentice. (2) If a trainee is absent from the trainee’s employment (other than as required under this Act) during the period of training required under the trainee’s training agreement, the State Training Council may extend the period of the training. (3) The Council may extend the period of training for any period (not longer than the period of absence) it considers appropriate.

s 95 64 s 96 Vocational Education, Training and Employment Act 1991 (4) If the Council extends the period of training, the training agreement is taken to be amended in the same way. ˙ Prevention by employer of attendance by apprentice or trainee at college or class 95. An employer must not directly or indirectly— (a) obstruct, or attempt to obstruct, or interfere with an apprentice or trainee in attending a college or school at any time when the apprentice or trainee is required to attend the college or school; or (b) prejudice the employment of an apprentice or trainee, or place an apprentice or trainee at a disadvantage— (i) because of his or her attending or attempting to attend; or (ii) to discourage him or her from attending; a college or school at any time when the apprentice or trainee is required to attend the college or school. Maximum penalty—40 penalty units. ˙ Discipline 96.(1) In this section— “trainee” includes an apprentice. (2) If the State Training Council considers, on reasonable grounds, that a trainee has engaged in misconduct mentioned in subsection (5), the Council may make 1 or more of the following orders— (a) an order cancelling or suspending a training agreement; (b) an order directing the trainee to pay an amount of not more than 4 penalty units; (c) an order reprimanding the trainee. (3) The council may act under subsection (2)— (a) on a complaint made to it by the trainee’s employer; or (b) on its own initiative, on information received from any source.

s 96 65 s 96 Vocational Education, Training and Employment Act 1991 (4) The State Training Council must not make an order under subsection (2) unless— (a) it has first given the trainee an opportunity to present a case as to why an order should not be made; and (b) whether or not the trainee takes the opportunity referred to in paragraph (a), it is satisfied that the circumstances warrant the making of an order under subsection (2). (5) Misconduct in respect of which action may be taken under subsection (2) occurs if the trainee— (a) wilfully disobeys a lawful order of the employer; or (b) is dishonest or guilty of gross misbehaviour; or (c) is absent from the employer’s service without the consent of the employer or the authority of this Act; or (d) fails to attend a college or school that the trainee is required to attend under this Act; or (e) is absent from classes which the trainee is required to attend under this Act, without the permission of the director or principal first obtained; or (f) fails to return any correspondence papers required to be returned in connection with a course of instruction; or (g) fails to make adequate progress with respect to a stage of the course of instruction that the trainee is required to undertake; or (h) fails to maintain a training record, or fails to produce it to the employer, as required by section 93; 8 or (i) on being required to do so by a training consultant or welfare consultant, fails to produce the training record for inspection; or (j) fails to make satisfactory progress in the theoretical or practical knowledge appropriate to the apprenticeship calling or traineeship in question. (6) If a trainee is ordered to pay an amount under subsection (2), the State 8 Section 93 (Training record)

s 97 66 s 98 Vocational Education, Training and Employment Act 1991 Training Council must direct whether it is to be paid directly by the trainee or deducted by the employer from the wages of the trainee. (7) All amounts ordered under subsection (2) to be paid are to be paid to and are the property of the corporation. (8) Cancellation of an indenture or a training agreement under subsection (2) has no effect until the expiry of 4 weeks, or such shorter period as the State Training Council may direct in a particular case, following the day on which the council orders the cancellation. (9) An order made under this section has effect in law according to its terms and must be given effect by all persons concerned. Maximum penalty—40 penalty units. (10) A direction given under this section must be complied with by the person to whom it is addressed. Maximum penalty—40 penalty units. ˙ Cancellation of training agreement on request 97. The State Training Council may cancel a training agreement on receipt by it of a request to do so made by— (a) the employer; or (b) the apprentice or trainee, and, if the apprentice or trainee is a minor, his or her guardian. ˙ Additional powers in relation to cancellation of training agreements 98.(1) In addition to the powers given under sections 96 and 97, the State Training Council may exercise a power under this section. (2) If the council finds a party to the agreement has purported to cancel the agreement other than in accordance with this Act, it may order— (a) the employer to resume training the person undertaking training under the agreement; or (b) the employee to resume undertaking the training under the agreement.

s 99 67 s 99 Vocational Education, Training and Employment Act 1991 (3) If the council considers it would be impracticable for training under the agreement to continue, it may order the agreement be cancelled. (4) A person must not contravene an order under this section. Maximum penalty for subsection (4)—50 penalty units. ˙ Offences concerning employment of apprentices or trainees 99.(1) In this section— “apprentice” includes a person who has not attained the age of 21 years and who is engaged in an apprenticeship calling in contravention of section 78. 9 (4) A person must not— (a) employ or attempt to employ; (b) authorise or permit another person to employ; any apprentice or trainee in excess of the number that the person is authorised under this Act to employ. Maximum penalty—40 penalty units. (4A) An offence under subsection (2), (3) or (4) is a continuing offence, that may be charged in 1 complaint for a period. (5) A person must not— (a) state anything to the State Training Council that the person knows is false or misleading in a material particular; or (b) omit from a statement made to the State Training Council anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—40 penalty units. (6) A complaint against a person for an offence against subsection (5) is sufficient if it states that the statement made was false or misleading to the person’s knowledge. 9 Section 78 (Restrictions on employing persons under 21 in an apprenticeship calling)

s 105 68 Vocational Education, Training and Employment Act 1991 s 107 † PART 4—MISCELLANEOUS PROVISIONS ˙ State bound by Act 105.(1) This Act binds the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. (3) However, subsection (2) does not prevent the prosecution of an officer, employee or agent of the State for an offence. ˙ Act prevails in event of inconsistency 106. Despite any other Act, a minor is authorised by this Act— (a) to be on any part of premises for the purpose of— (i) performing duties as an employee of the owner of the premises or the occupier of that part of the premises; or (ii) performing duties in the conduct of a lawful business; and (b) to be on any other part of the premises— (i) that gives access to the part where such duties are being, or are to be, performed; or (ii) on which the minor has a need to be in connection with performing such duties. ˙ Approved forms of State Training Council 107.(1) The State Training Council may approve a form for the purposes of this Act. (2) If the council approves a form for a purpose, the form must be used for the purpose. (3) A person may request the council to give the person an approved form. (4) The council must promptly comply with the request.

s 108 69 Vocational Education, Training and Employment Act 1991 s 109 ˙ Conflict of interest 108.(1) If a person who is— (a) a member of the commission or any committee of the commission; or (b) a member or manager of a corporation or unincorporated body under section 34; 10 or (c) otherwise engaged in giving effect to this Act; has a personal or pecuniary interest that appears likely to conflict, or capable of conflicting, with the proper exercise of the person’s discretion or the proper performance of the person’s duty in respect of any matter under this Act, the person must— (d) disclose that interest to; and (e) take no action in relation to the matter, except as authorised by; the Minister, in the case of a member of the commission or a committee, or a member or manager of a corporation or body, or the chief executive in any other case. Maximum penalty—40 penalty units. (2) The Minister or chief executive may direct a person who has such an interest to take specified action with a view to resolving any such conflict. (3) A person to whom a direction under subsection (2) is given must either comply with the direction so as to resolve the possible conflict or cease to hold the position whereby the possible conflict arises. Maximum penalty—40 penalty units. ˙ Holders of office to act honestly and with propriety 109.(1) This section applies to— (a) a member of the Commission or any committee; and (b) a member or manager of a corporation or unincorporated body under section 34; and 10 Section 34 (Power of corporation to be member of other bodies)

s 110 70 Vocational Education, Training and Employment Act 1991 s 111 (c) other persons engaged in giving effect to this Act. (2) A person must at all times act honestly in exercise of powers, and performance of duties, that he or she has by virtue of being a person to whom this section applies. (3) A person to whom this section applies must not make improper use of the office or position held for the purposes of this Act to gain, directly or indirectly, an advantage for himself, herself or any other person, or to cause detriment to the commission, committee, corporation or body, as the case may be. (4) A person to whom this section applies, or at any time applied, must not make improper use of information acquired by virtue of the office or position held for the purposes of this Act to gain, directly or indirectly, an advantage for himself, herself or any other person or to cause detriment to the commission, committee, corporation or body, as the case may be. Maximum penalty—40 penalty units. ˙ Protection of name of commission and corporation 110. An association of persons must not have as its name, or part of its name— (a) the name of the commission or corporation; or (b) an expression that closely resembles the name of the commission or corporation; except under authority of this Act or the permission in writing of the commission or the corporation, as the case may be. Maximum penalty—40 penalty units. ˙ Entry onto premises 111.(1) The following persons— (a) a training consultant or welfare consultant; (c) a person authorised by the State Training Council; may at all reasonable times enter premises with the consent of the occupier

s 111 71 Vocational Education, Training and Employment Act 1991 s 111 or under authority of a warrant issued under section 112 or 113. 11 (2) A person referred to in subsection (1) who enters premises under authority of a warrant issued under section 112 may— (a) inspect the premises and plant and facilities on the premises and work being performed on the premises; and (b) require any person found on the premises to state in full details of the person’s name and the address of his or her place of residence and, if it is suspected on reasonable grounds that a name or address stated is not correct, to produce evidence of the correctness of the person’s name or place of residence; and (c) question (alone or in the presence of others) any person found on the premises; and (d) require production then and there, or as otherwise required, of any document required by this Act to be kept that is in the occupier’s possession or control, and inspect, examine, copy and take extracts from such a record or document that is produced. (3) A person referred to in subsection (1) who enters premises under authority of a warrant issued under section 113 may exercise any power referred to in subsection (2) and may seize as prescribed by section 113 anything found on the premises that would afford evidence of commission of an offence against this Act. (4) At least 2 members of the State Training Council of whom 1 is the Commissioner for Training may at all reasonable times enter premises where a calling is carried on, with the consent of the occupier of the premises or under authority of a warrant issued under section 112. (5) The persons referred to in subsection (4) who enter premises under authority of a warrant issued under section 112— (a) may inspect the premises and plant and facilities on the premises; and (b) may question any person found on the premises in respect of training of persons to whom this Act applies. 11 Section 112 (Monitoring warrant) or 113 (Offence related warrant)

s 112 72 Vocational Education, Training and Employment Act 1991 s 112 (6) A person who enters premises with the consent of the occupier may, if authorised by the consent of the occupier, exercise on the premises any power that the person could exercise under authority of a warrant, without proceeding to obtain a warrant. ˙ Monitoring warrant 112.(1) A person referred to in section 111(1) or (4) may make application to an industrial magistrate for a warrant under this section in respect of particular premises. (2) If, on consideration of the application and such further information (furnished orally or in writing) as the magistrate requires as to the grounds on which the warrant is sought, the magistrate is satisfied that it is reasonable that the applicant should have access to the premises to ascertain— (a) whether the requirements of this Act, or any order, direction or requisition made or issued under this Act, or the provisions of any training agreement are being complied with; or (b) the facilities for training available in the premises; or (c) the work practices prevailing in the premises; the magistrate may issue a warrant under this section. (3) The warrant must— (a) authorise the applicant, with such assistance and by such reasonable force as is necessary for the purpose— (i) to enter the premises; and (ii) to exercise the powers that the applicant is authorised by section 111(2) or (5) to exercise; and (b) state the purpose for which the warrant is issued; and (c) state whether the entry is authorised to be made by day or night, or during specified hours of day or night; and (d) specify the day (not more than 1 month following issue of the warrant) on which the warrant ceases to have effect.

s 113 73 Vocational Education, Training and Employment Act 1991 s 113 ˙ Offence related warrant 113.(1) A person referred to in section 111(1) 12 may make application, by information on oath, to an industrial magistrate for a warrant under this section in respect of particular premises. (2) If, on consideration of the application and such further information (furnished orally or by affidavit) as the magistrate requires as to the grounds on which the warrant is sought, the magistrate is satisfied there are reasonable grounds for suspecting that there is on the premises evidence of commission of an offence against this Act, the magistrate may issue a warrant under this section. (3) The warrant must— (a) authorise the applicant, with such assistance and by such reasonable force as is necessary for the purpose— (i) to enter the premises; and (ii) to exercise the powers that the applicant is authorised by section 111(2) to exercise; and (iii) to seize the evidence; and (b) state the purpose for which the warrant is issued; and (c) state whether the entry is authorised to be made by day or night, or during specified hours of day or night; and (d) specify the day (not more than 1 month following issue of the warrant) on which the warrant ceases to have effect. (4) If, in the course of searching premises under authority of a warrant issued under this section— (a) there is found anything, other than the evidence referred to in subsection (2), that would afford evidence of commission of an offence against this Act; and (b) the applicant for the warrant believes, on reasonable grounds, that it is necessary to seize the thing to prevent— (i) its concealment, loss or destruction; or 12 Section 111 (Entry onto premises)

s 114 74 Vocational Education, Training and Employment Act 1991 s 115 (ii) its use in committing, continuing or repeating an offence against this Act; the applicant may seize the thing. ˙ Provisions concerning exercise of powers and seizure 114.(1) A person seeking to exercise powers under authority of a warrant may call to his or her aid— (a) any person of relevant competence; and (b) any other person having duties similar to those of such first mentioned person, or a police officer, if obstruction or hindrance to such exercise is met or is reasonably apprehended. (2) A police officer acting in aid of a person under subsection (1) is acting in execution of duty. (3) A person who has seized evidence or other thing under authority of a warrant— (a) may keep the material seized for 60 days, or, if a prosecution for an offence against this Act to which the material is relevant is commenced within that period, until the completion of the prosecution proceedings and of any appeal from the decision in the proceedings; and (b) if the material seized is a document—must allow it to be inspected and copied at any reasonable time by a person who would be entitled to inspect it, if it had not been seized. (4) A person who has seized evidence or other thing with consent of an occupier of premises may retain and deal with the material seized in accordance with the terms of the consent. ˙ Duty to protect interests of employees to whom Act applies 115. A person referred to in section 111(1)— (a) must, as soon as is practicable, report to the State Training Council every contravention of a provision of this Act that the person finds or that comes to the person’s knowledge; and

s 116 75 Vocational Education, Training and Employment Act 1991 s 117 (b) must take all practical steps necessary to ensure the wellbeing and adequate training of apprentices, trainees and other persons in employment to whom this Act applies. Maximum penalty—40 penalty units. ˙ Offences of obstruction and failing to answer questions 116.(1) A person must not— (a) obstruct, hinder, assault, abuse, insult, intimidate, or attempt to do so, a person lawfully acting in exercise of a power referred to in section 111 or performance of a duty referred to in section 115; (b) refuse or fail to answer truthfully a question put to him or her in lawful exercise of a power referred to in section 111 or performance of a duty referred to in section 115, unless the person has a lawful excuse. Maximum penalty—40 penalty units. (2) It is a lawful excuse for refusal or failure by a person to answer a question if a truthful answer would tend to incriminate the person. ˙ Attendance at investigation by commission or State Training Council 117.(1) The chairperson of the commission or the commissioner for training, by written notice, may require a person who is a party to a training agreement to attend before the commission or the State Training Council for the purpose of its investigation and determination of any matter concerning the relevant apprenticeship or the training agreement. (2) A person who attends before the commission or the State Training Council may be required— (a) to answer any question; and (b) to produce any document or writing in the person’s possession or control; that the commission or council considers relevant to the investigation. (3) A person to whom a notice is given under subsection (1) must

s 118 76 Vocational Education, Training and Employment Act 1991 s 118 comply with the notice, except for good and sufficient reason disclosed to the chairperson of the commission or commissioner for training who issued the notice before the day appointed by the notice for the person’s attendance. Maximum penalty—40 penalty units. (4) A person who attends before the commission or State Training Council for the purpose of its investigation of any matter— (a) must answer any question put to the person, unless he or she has a lawful excuse; and (b) must produce to the commission or council any document required of the person unless he or she has a lawful excuse. Maximum penalty—40 penalty units. (5) It is a lawful excuse for failure by a person to answer a question if an answer would tend to incriminate the person. (6) It is a lawful excuse for failure by a person to produce a document if production of the document would tend to incriminate the person. (7) For the purpose of an investigation by the commission or the State Training Council, the chairperson of the commission or commissioner for training, or a person designated by either of them, may administer an oath to any person attending before the commission or council. ˙ Destruction etc. of documents 118. A person must not wilfully or negligently destroy, deface, alter, take or interfere with— (a) a training agreement; or (b) an award or a certificate of a State college or a vocational education and training establishment that is recognised under this Act as an approved training organisation; or (c) any document made or completed for the purpose of this Act; unless the person has lawful authority or excuse. Maximum penalty—40 penalty units.

s 119 77 Vocational Education, Training and Employment Act 1991 s 120 ˙ Protection of confidentiality 119.(1) Except as provided by subsection (2), a member of the commission or any committee constituted for the purposes of this Act, or of the State Training Council or other person engaged in giving effect to this Act must not disclose to any person information acquired by the member or other person in performance of functions or exercise of powers under this Act. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to disclosure of information— (a) for the purposes of this Act; or (b) with the authorisation of the chief executive; or (c) ordered by a court or tribunal constituted according to law to be disclosed for the purposes of proceedings before it; or (d) required by law to be disclosed. ˙ Proceedings for offences 120.(1) Proceedings in respect of an offence defined in section 39 13 are to be taken in a summary way before justices in accordance with the Justices Act 1886 . (2) Except as provided by subsection (1), proceedings in respect of an offence against this Act are to be taken in a summary way before an industrial magistrate. (3) Proceedings in respect of an offence against this Act may be instituted— (a) in the case of an offence defined in section 39—by the director of the State college where the offence was committed or by a police officer; 13 Section 39 (Trespass on State colleges)

s 122 78 Vocational Education, Training and Employment Act 1991 s 123 (b) in any other case by— (i) the chairperson of the commission or the commissioner for training; or (ii) a training consultant. ˙ Representation of parties 122.(1) A party to proceedings under or for the purposes of this Act may be represented in the proceedings by an agent duly appointed in writing for the purpose but, unless all parties to the proceedings agree, cannot be represented by counsel or solicitor (enrolled in Queensland or elsewhere) engaged as counsel or solicitor for those proceedings. (2) This section does not apply to proceedings in respect of an offence defined in section 39. 14 ˙ Evidentiary provisions 123.(1) In proceedings for the purposes of this Act or the Industrial Relations Act 1999 — (a) in the absence of evidence to the contrary, it is not necessary to prove— (i) the appointment of any member of the commission or State Training Council or of any committee constituted for the purposes of this Act or the Industrial Relations Act 1999 or of any person appointed for the purposes of this Act or the Industrial Relations Act 1999 ; or (ii) the authority of the chairperson of the commission or of any committee constituted for the purposes of this Act or the Industrial Relations Act 1999 , the Commissioner for Training or any person appointed for the purposes of this Act or the Industrial Relations Act 1999 to take any action, institute any proceedings or make or give any order, direction or requirement; 14 Section 39 (Trespass on State colleges)

s 123 79 Vocational Education, Training and Employment Act 1991 s 123 (b) a signature purporting to be that of the chairperson of the commission or of any committee constituted for the purposes of this Act or the Industrial Relations Act 1999 , the Commissioner for Training or any person appointed for the purposes of this Act or the Industrial Relations Act 1999 is to be taken to be the signature it purports to be until the contrary is proved; (c) an entry in a register required by this Act or the Industrial Relations Act 1999 to be kept, or a copy of or extract from the register, certified by a member of a class of person authorised by the commission or a standing committee of the commission, to be a true copy or extract, is evidence of the matters contained in the register; (d) the absence of— (i) the name of a person from a register of apprentices or trainees required by this Act or the Industrial Relations Act 1999 to be kept; or (ii) the name of a vocational education and training establishment from a register of approved training organisations required by this Act or the Industrial Relations Act 1999 to be kept; is evidence that— (iii) the person is not, or was not at a material time, registered as an apprentice or a trainee under this Act or the Industrial Relations Act 1999 ; or (iv) the vocational education and training establishment is not, or was not at a material time, an approved training organisation under this Act; (e) a certificate purporting to be that of a member of a class of person authorised by the commission, or a standing committee of the commission, that— (i) a person is, or is not, or was, or was not, at a specified time registered under this Act or the Industrial Relations Act 1999 as an apprentice or a trainee; or (ii) a vocational education and training establishment is, or is

s 124 80 Vocational Education, Training and Employment Act 1991 s 124 not, or was, or was not at a specified time registered under this Act or the Industrial Relations Act 1999 as an approved training organisation; is evidence of the matters contained in the certificate; (f) a training agreement is evidence of the matters contained in agreement; (g) a document apparently published by or on behalf of a State college is evidence that the document was authorised by the director of the State college; is evidence of the matters. (2) A copy signature purporting to be a facsimile of the signature of the person who is, or was, the chairperson of the commission or of a standing committee of the commission, appearing on any document, is to be taken— (a) to be the signature of that person; and (b) to have been affixed to the document by or with the authority of that person; until the contrary is proved. ˙ Appeals 124.(1) A person aggrieved by a decision or action of a standing committee of the commission in respect of a matter under this Act may appeal to the commission. (2) An appeal under subsection (1) must be in writing given to the commission’s chairperson within 21 days after the day written notice of the decision or action is given to the person aggrieved or within a further period allowed at any time by the commission. (3) A person aggrieved by a decision of the commission may appeal to— (a) for a decision relating to the cancellation of a training agreement—the Industrial Relations Commission; or (b) an industrial magistrate. (4) An appeal under subsection (3)(a) must be in writing given to the