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Vocational Education, Training and Employment Act 2000

Queensland Vocational Education, Training and Employment Act 2000 Current as at 30 June 2014 Reprint note This is the last reprint before repeal. Repealed by 2014 Act No. 25 s 198. Repealed on 1 July 2014.

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Vocational Education, Training and Employment Act 2000 Contents Chapter 1 Part 1 1 2 3 4 5 Part 2 6 7 8 9 10 11 12 13 14 15 16 17 Chapter 3 Part 1A 47 Part 1 Division 1 48 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Objectives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Definitions and basic concepts Definitions—the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 What is an apprenticeship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 What is a traineeship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Who is an apprentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Who is a trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 What is an apprenticeship contract . . . . . . . . . . . . . . . . . . . . . . . 19 What is a traineeship contract . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 What is a training plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 What is a registered training organisation . . . . . . . . . . . . . . . . . . 20 What is a supervising registered training organisation. . . . . . . . . 20 What is a vocational placement scheme . . . . . . . . . . . . . . . . . . . 20 What is a vocational placement . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Apprentices and trainees Declaring apprenticeships or traineeships Declaring apprenticeships or traineeships . . . . . . . . . . . . . . . . . . 21 Apprenticeship and traineeship contracts Preliminary Start of apprenticeship or traineeship. . . . . . . . . . . . . . . . . . . . . . 22

Vocational Education, Training and Employment Act 2000 Contents 49 50 51 Division 2 52 53 54 54A 55 56 Division 3 57 58 59 Division 4 61 62 63 64 65 66 67 68 69 Division 5 70 71 Division 6 72 73 74 75 76 77 Term of training contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Probationary period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Ending apprenticeship or traineeship in probationary period . . . . 23 Signing and registration of training contracts Training contract to be signed. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Employer to give training contract to chief executive for registration 24 Registering training contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Chief executive may keep register . . . . . . . . . . . . . . . . . . . . . . . . 25 False or misleading information in training contract . . . . . . . . . . . 25 Premiums prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Amending or assigning registered training contract Amending or assigning registered training contract . . . . . . . . . . . 26 Minor amendment of registered training contract . . . . . . . . . . . . . 27 Statutory assignment or cancellation of registered training contract 27 Cancelling training contract Agreeing to cancel training contract . . . . . . . . . . . . . . . . . . . . . . . 28 Reinstatement of training contract cancelled by coercion . . . . . . 28 Cancelling training contract for inability to perform contract on stated grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Suspension and cancellation for serious misconduct. . . . . . . . . . 30 Chief executive’s power to reinstate training . . . . . . . . . . . . . . . . 33 Cancelling registration of training contract . . . . . . . . . . . . . . . . . . 34 Training contract ends if registration cancelled. . . . . . . . . . . . . . . 35 Effect of cancelling or ending training contract. . . . . . . . . . . . . . . 35 Employer to notify supervising registered training organisation . . 35 Discipline Definition for div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Completion of apprenticeship or traineeship Employer and apprentice or trainee to notify completion of training 39 Notice of issue of qualification or statement of attainment on completion of training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Signing of completion agreement ends registered training contract 40 Signing of completion agreement ends training plan . . . . . . . . . . 41 Cancelling completion certificate . . . . . . . . . . . . . . . . . . . . . . . . . 41 Delayed completion of registered training contract . . . . . . . . . . . 42 Page 2

78 Division 7 79 80 81 82 Division 8 83 84 85 Division 9 86 87 88 89 Part 2 90 91 92 93 94 95 Part 3 Division 1 96 97 98 99 100 101 102 Division 2 103 104 Vocational Education, Training and Employment Act 2000 Contents Cancellation or completion of registered training contract terminates employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Employers’ obligations for apprentice or trainee Employer to provide facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Employer to comply with training plan . . . . . . . . . . . . . . . . . . . . . 43 Employer not to prevent participation in training. . . . . . . . . . . . . . 43 Employer to report notifiable events . . . . . . . . . . . . . . . . . . . . . . . 44 Prohibited employers Prohibited employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Revocation of declaration as prohibited employer . . . . . . . . . . . . 46 Prohibited employer not to contravene declaration . . . . . . . . . . . 47 Other provisions Temporary stand down under registered training contract . . . . . . 48 Employer restriction on training . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Apprentice or trainee restriction on training . . . . . . . . . . . . . . . . . 49 Restricted callings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Supervising registered training organisations Requirement for supervising registered training organisation . . . 50 Becoming a supervising registered training organisation. . . . . . . 51 Availability of facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Supervising registered training organisation to ensure delivery of training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Replacing supervising registered training organisation . . . . . . . . 52 Replaced training organisation to give statement of attainment. . 52 Training plans for apprentices or trainees Signing training plan for apprentice or trainee Training plan for apprentice or trainee . . . . . . . . . . . . . . . . . . . . . 53 Parties to training plan for apprentice or trainee. . . . . . . . . . . . . . 53 Training plan for apprentice or trainee to be negotiated by parties 53 Coercion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Signing training plan for apprentice or trainee . . . . . . . . . . . . . . . 54 Copies of signed training plan for apprentice or trainee . . . . . . . . 54 False or misleading information in training plan . . . . . . . . . . . . . . 54 Ending or changing training plan for apprentice or trainee Automatic cancellation on replacement of supervising registered training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Automatic cancellation if apprenticeship or traineeship ends. . . . 55 Page 3

Vocational Education, Training and Employment Act 2000 Contents 105 106 Chapter 3A 106A 106B 106C Chapter 4 Part 1 Division 1 107 Division 2 108 109 110 Division 3 111 112 113 114 115 Part 2 116 117 118 119 120 121 122 123 124 125 Part 3 126 Statement of attainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Changing a training plan for an apprentice or trainee . . . . . . . . . 56 Special provisions to complement compulsory participation phase Relationship with other legislation . . . . . . . . . . . . . . . . . . . . . . . . 56 Ministerial declaration ‘Stepping forward: improving pathways for all young people’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Chief executive to ensure diversity and accessibility of employment skills development programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Vocational placement Preliminary Definitions for chapter 4 Definitions for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Vocational placement schemes Applying for recognition of vocational placement scheme . . . . . . 58 How chief executive deals with application. . . . . . . . . . . . . . . . . . 58 Offering course if vocational placement scheme not recognised . 58 Arranging vocational placement and application of laws Registered training organisation to arrange vocational placement 59 Vocational placement not to be arranged contrary to recognition 59 Placement person not student’s employer . . . . . . . . . . . . . . . . . . 59 Certain laws not to apply to students obtaining vocational placement 60 Application of Work Health and Safety Act 2011 . . . . . . . . . . . . . 60 Vocational placement agreements Signing vocational placement agreement. . . . . . . . . . . . . . . . . . . 61 Registration of vocational placement agreement for short placement 62 Registration of vocational placement agreement for long placement 62 Registered training organisation to be satisfied about facilities . . 63 Remuneration and other conditions under vocational placement agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Extending vocational placement. . . . . . . . . . . . . . . . . . . . . . . . . . 64 Amending vocational placement agreement . . . . . . . . . . . . . . . . 65 Cancelling vocational placement agreement . . . . . . . . . . . . . . . . 65 Workers’ compensation cover . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Liability insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Training plans for vocational placements Training plan for vocational placement . . . . . . . . . . . . . . . . . . . . . 67 Page 4

127 128 129 130 131 132 Chapter 6 Part 1 191 192 Part 2 Division 1 193 194 195 Division 2 196 197 198 199 200 201 Division 3 202 203 204 205 206 207 Division 4 208 209 210 211 Part 4 217 Vocational Education, Training and Employment Act 2000 Contents Negotiating training plan for vocational placement . . . . . . . . . . . . Signing training plan for vocational placement . . . . . . . . . . . . . . . Copies of signed training plan for vocational placement . . . . . . . Placement person to deliver training . . . . . . . . . . . . . . . . . . . . . . Automatic cancellation of training plan for vocational placement . Changing training plan for vocational placement . . . . . . . . . . . . . TAFE institutes Preliminary What is a TAFE institute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishing TAFE institutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAFE institute councils TAFE institute councils TAFE institute councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAFE institute council’s functions . . . . . . . . . . . . . . . . . . . . . . . . . TAFE institute council subject to Minister’s directions . . . . . . . . . TAFE institute council membership Composition of TAFE institute council . . . . . . . . . . . . . . . . . . . . . TAFE institute council chairperson . . . . . . . . . . . . . . . . . . . . . . . . Term of appointment of appointed member . . . . . . . . . . . . . . . . . Conditions of appointment of appointed member. . . . . . . . . . . . . Disqualifications for appointment as appointed member . . . . . . . Vacating office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAFE institute council meetings Times and places of TAFE institute council meetings . . . . . . . . . Presiding at TAFE institute council meetings . . . . . . . . . . . . . . . . Voting at TAFE institute council meetings. . . . . . . . . . . . . . . . . . . Quorum for TAFE institute council meeting . . . . . . . . . . . . . . . . . Conduct of TAFE institute council meetings . . . . . . . . . . . . . . . . . TAFE institute council minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions How TAFE institute council signs documents . . . . . . . . . . . . . . . . Prohibition on certain activities. . . . . . . . . . . . . . . . . . . . . . . . . . . TAFE institute director to help TAFE institute council . . . . . . . . . . Report on TAFE institute council’s operations . . . . . . . . . . . . . . . Chief executive to administer TAFE institutes Chief executive’s functions for TAFE institutes . . . . . . . . . . . . . . . 67 68 68 68 68 68 69 69 70 70 70 71 71 72 72 73 73 73 74 74 74 74 75 75 76 76 76 76 Page 5

Vocational Education, Training and Employment Act 2000 Contents Chapter 7 221 222 223 Chapter 7A 223A 223B 223C Chapter 8 Part 1 224 Part 2 Division 1 230 231 232 233 234 Division 2 235 236 237 238 239 240 241 242 Division 3 243 244 Group training organisations Recognition of group training organisation . . . . . . . . . . . . . . . . . . 78 Function of group training organisation . . . . . . . . . . . . . . . . . . . . 78 Withdrawal of recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Principal employer organisations Recognition of principal employer organisation . . . . . . . . . . . . . . 79 Function of principal employer organisation . . . . . . . . . . . . . . . . . 79 Withdrawal of recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Reviews and appeals Training recognition decisions and employment exemption decisions Review by QCAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Decisions relating to apprentices and trainees Appeals to industrial commission Appeal to industrial commission against particular decisions of chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Stay of decision being appealed. . . . . . . . . . . . . . . . . . . . . . . . . . 81 Nature of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Decision on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Exclusive jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Industrial commission’s orders Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Order to resume training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Order cancelling contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Limit of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Account of amounts paid to apprentice or trainee . . . . . . . . . . . . 84 Payment of additional amount . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Contravening orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Other provisions Recovery of amounts under orders . . . . . . . . . . . . . . . . . . . . . . . 85 Appeal to Industrial Court on question of law. . . . . . . . . . . . . . . . 86 Page 6

Vocational Education, Training and Employment Act 2000 Contents Chapter 9 Part 1 Division 1 Subdivision 1 245 245A 246 247 248 249 250 Subdivision 2 250A Subdivision 3 250B 250C 250D Subdivision 4 250E 250F Division 2 251 252 253 254 255 256 Part 2 Division 1 257 258 259 260 261 General Administration Chief executive’s functions and powers Functions and powers generally Chief executive’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of other bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returns to be given as required . . . . . . . . . . . . . . . . . . . . . . . . . . Use of facilities and staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recognition certificates Recognition of work or training. . . . . . . . . . . . . . . . . . . . . . . . . . . Deciding employment exemptions Application for employment exemption . . . . . . . . . . . . . . . . . . . . . Decision about employment exemption . . . . . . . . . . . . . . . . . . . . Amending or cancelling employment exemption . . . . . . . . . . . . . Recognising non-departmental employment skills development programs Chief executive may recognise program. . . . . . . . . . . . . . . . . . . . Chief executive must maintain register. . . . . . . . . . . . . . . . . . . . . Trusts Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation of trust purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation of approved arrangement . . . . . . . . . . . . . . . . . . . . . . . Requirements about purposes for arrangements . . . . . . . . . . . . . Recording arrangements and variations in land register . . . . . . . Rights and jurisdiction in equity not affected . . . . . . . . . . . . . . . . Enforcement Inspectors Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation of inspector’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector’s appointment conditions . . . . . . . . . . . . . . . . . . . . . . . Inspector’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of inspector’s identity card . . . . . . . . . . . . . 86 88 88 88 89 89 90 90 91 91 92 93 94 94 94 95 96 97 97 98 98 98 99 99 Page 7

Vocational Education, Training and Employment Act 2000 Contents Division 2 Subdivision 1 262 Subdivision 2 263 264 265 266 Subdivision 3 267 268 Subdivision 4 269 270 271 272 Subdivision 5 273 Subdivision 6 274 275 276 Part 3 Division 1 277 278 279 Division 2 281 282 283 284 285 286 Division 3 287 Page 8 Powers of inspectors Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for entry Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . Powers after entry General powers after entering places. . . . . . . . . . . . . . . . . . . . . . Failure to help inspector or give inspector information . . . . . . . . . Power to seize evidence Power to seize evidence from places . . . . . . . . . . . . . . . . . . . . . . Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector to allow inspection etc. . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to return seized things . . . . . . . . . . . . . . . . . . . . . . . . . Power to obtain information Power to require production of documents . . . . . . . . . . . . . . . . . . General enforcement matters Obstructing etc. an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pretending to be an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions Offences False or misleading statements to official. . . . . . . . . . . . . . . . . . . False or misleading documents to official. . . . . . . . . . . . . . . . . . . Offences about false or misleading statements or documents. . . General accountability provisions Responsibility for acts or omissions of representatives . . . . . . . . Disclosure of interests by member of disclosure body . . . . . . . . . Voting etc. by interested member of disclosure body . . . . . . . . . . Other disclosure of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to act honestly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedural and evidentiary provisions Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 100 101 102 102 103 104 105 105 106 106 106 107 107 107 108 108 109 109 109 110 111 112 112 113 113

288 289 Division 4 290 290A 291 Chapter 10 Part 1 294 Part 2 Division 1 295 Division 2 296 297 298 299 300 301 302 303 304 305 306 307 308 309 311 312 Division 3 313 314 315 316 Vocational Education, Training and Employment Act 2000 Contents Representation of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeals and transitional provisions Repeals Repeal of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Act No. 23 of 2000 Preliminary Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for former VETE Act Dissolution of corporation and former bodies. . . . . . . . . . . . . . . . Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Awards conferred under former VETE Act . . . . . . . . . . . . . . . . . . Certificate for work or training recognised under former VETE Act Existing decisions under former VETE Act. . . . . . . . . . . . . . . . . . Existing orders of industrial body . . . . . . . . . . . . . . . . . . . . . . . . . Existing proceedings before industrial body . . . . . . . . . . . . . . . . . Existing training agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing industry training advisory bodies . . . . . . . . . . . . . . . . . . Existing group training schemes. . . . . . . . . . . . . . . . . . . . . . . . . . When supervising registered training organisation required . . . . When training plan required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for former industry placement Act Existing approved training schemes. . . . . . . . . . . . . . . . . . . . . . . Existing vocational placement agreements etc. . . . . . . . . . . . . . . Existing decisions under former industry placement Act . . . . . . . Existing orders of industrial commission . . . . . . . . . . . . . . . . . . . 114 114 115 116 116 116 117 118 118 118 118 119 119 120 120 120 121 121 122 122 123 123 123 124 124 124 124 Page 9

Vocational Education, Training and Employment Act 2000 Contents Part 3 Division 1 317 318 319 320 321 Division 2 323 324 325 326 327 328 329 330 331 332 333 Part 4 Division 1 334 335 336 337 338 339 Division 2 341 Division 3 342 Division 4 343 Transitional provisions for Training Reform Act 2003 General transitional provisions References to Training and Employment Act 2000. . . . . . . . . . . . 125 Apprenticeship and traineeship ombudsman . . . . . . . . . . . . . . . . 125 Training Recognition Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Amending or assigning registered training contract . . . . . . . . . . . 126 Appeal to industrial commission against council or other decision 126 Transitional provisions for training organisations Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Details on register on commencement. . . . . . . . . . . . . . . . . . . . . 127 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Contravention of registration condition . . . . . . . . . . . . . . . . . . . . . 128 Return of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Show cause notice issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Issuing qualifications and statements of attainment. . . . . . . . . . . 129 Assessment of skills or knowledge. . . . . . . . . . . . . . . . . . . . . . . . 129 Return of qualification or statement of attainment . . . . . . . . . . . . 129 Application for course accreditation . . . . . . . . . . . . . . . . . . . . . . . 130 Amendment or cancellation of accreditation without application . 130 Transitional provisions for Vocational Education, Training and Employment Amendment Act 2005 Provisions about Training and Employment Board Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Dissolution of Training and Employment Board . . . . . . . . . . . . . . 131 References to board taken to be references to council . . . . . . . . 131 Existing decisions of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Continuation of recognition of group training organisation and industry training advisory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Applications for recognition of group training organisation or industry training advisory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Provision about TAFE institute council Appointed members of TAFE institute council continue despite amendment of s 196(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Provision about TAFE institute college council Dissolution of college councils . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Transitional provision for vocational placement scheme Application for recognition of vocational placement scheme . . . . 134 Page 10

Part 5 344 Part 6 345 Part 7 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 Vocational Education, Training and Employment Act 2000 Contents Transitional provision for Higher Education (General Provisions) Act 2008 Recognition of group training organisation . . . . . . . . . . . . . . . . . . 134 Transitional provisions for Education and Training Legislation (Skills Queensland) Amendment Act 2010 First skills and workforce development investment plan. . . . . . . . 135 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Documents held by council that become documents of Skills Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Nominal terms of training contracts for apprenticeships and traineeships 136 Process to decide whether to shorten or lengthen probationary period 136 Probationary periods for apprenticeships and traineeships . . . . . 137 Training contracts received by the council but not yet registered . 137 Continuation of registration of training contracts . . . . . . . . . . . . . 137 Process to amend or assign registered training contract . . . . . . . 137 Decision about amendment or assignment of registered training contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Minor amendment of registered training contract . . . . . . . . . . . . . 138 Application to cancel training contract . . . . . . . . . . . . . . . . . . . . . 138 Cancellation of training contract . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Application to cancel training contract or confirm suspension . . . 139 Cancellation of training contract or suspension of apprentice or trainee 139 Application for cancelled training contract to resume . . . . . . . . . . 140 Order to resume or undertake training . . . . . . . . . . . . . . . . . . . . . 140 Process to cancel registration of training contract . . . . . . . . . . . . 140 Cancellation of registration of training contract . . . . . . . . . . . . . . 141 Discipline orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Cancellation of completion certificate. . . . . . . . . . . . . . . . . . . . . . 141 Application to extend nominal term of registered training contract 141 Decision to extend or refuse to extend nominal term of registered training contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Declaration of employer to be prohibited employer . . . . . . . . . . . 142 Request by prohibited employer to revoke declaration. . . . . . . . . 142 Decision about declaration that employer is a prohibited employer 143 Page 11

Vocational Education, Training and Employment Act 2000 Contents 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 Page 12 Application by employer to temporarily stand down apprentice or trainee 143 Decision about application to stand down apprentice or trainee . 143 Declaration of calling to be restricted calling . . . . . . . . . . . . . . . . 144 Application to recognise vocational placement scheme . . . . . . . . 144 Decision to recognise or refuse to recognise vocational placement scheme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Vocational placement agreement sent by registered training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Decision to register or refuse to register vocational placement agreement for long placement . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Application to extend approved time for vocational placement. . . 145 Decision to extend or refuse to extend vocational placement . . . 145 Ombudsman to continue to perform functions in relation to things done by council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Application to have skills and knowledge in a calling recognised. 146 Recognition certificate issued by council . . . . . . . . . . . . . . . . . . . 147 Decision by council to cancel a recognition certificate . . . . . . . . . 147 Declaration of training to be apprenticeship or traineeship . . . . . 147 Application for employment exemption for young person . . . . . . . 148 Decision about employment exemption . . . . . . . . . . . . . . . . . . . . 148 Application to amend or cancel employment exemption . . . . . . . 148 Decision to amend or cancel employment exemption . . . . . . . . . 148 Process to recognise non-departmental employment skills development program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Recognition of non-departmental employment skills development program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Process to recognise corporation as group training organisation 149 Recognition of corporation as group training organisation . . . . . . 150 Process to withdraw recognition of corporation as group training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Withdrawal of recognition of corporation as group training organisation 151 Process to recognise entity as principal employer organisation. . 151 Recognition of entity as principal employer organisation . . . . . . . 151 Process to withdraw recognition of entity as principal employer organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Withdrawal of recognition of entity as principal employer organisation 152

400 401 402 403 404 405 Part 8 407 408 409 Part 9 411 412 413 414 415 416 417 418 419 420 421 422 423 424 Vocational Education, Training and Employment Act 2000 Contents Skills Queensland substituted for council in proceedings in QCAT and industrial commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Appeal in industrial commission about decisions of council. . . . . 153 Skills Queensland to replace council for matter remitted by industrial commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Delegations by council to continue as delegations by Skills Queensland 154 Guidelines for council to continue as guidelines for Skills Queensland 154 Council’s approved forms to continue as approved forms of Skills Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Transitional provisions for Fiscal Repair Amendment Act 2012 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 End of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Documents and records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Transitional provisions for Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Dissolution of Skills Queensland . . . . . . . . . . . . . . . . . . . . . . . . . 157 Chief executive is legal successor . . . . . . . . . . . . . . . . . . . . . . . . 157 Documents held by Skills Queensland that become documents of chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Continuation of registration of training contracts and vocational placement agreements for long placement . . . . . . . . . . . . . . . . . 158 Obligation to return cancelled recognition certificate . . . . . . . . . . 158 Applications made to Skills Queensland taken to be made to chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Decisions etc. of Skills Queensland taken to be decisions etc. of chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Right of review or appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Chief executive substituted for Skills Queensland in proceedings in QCAT and industrial commission . . . . . . . . . . . . . . . . . . . . . . . . . 160 Chief executive to replace Skills Queensland for matter remitted by industrial commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Delegations by Skills Queensland to continue as delegations by chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Guidelines for Skills Queensland to continue as guidelines of chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Approved forms continue as approved forms of chief executive. . 162 Page 13

Vocational Education, Training and Employment Act 2000 Contents 425 Schedule 3 Attachment References in documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Ministerial declaration ‘Stepping forward: improving pathways for all young people’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 175 175 177 180 Page 14

Vocational Education, Training and Employment Act 2000 Chapter 1 Preliminary Part 1 Introduction [s 1] Vocational Education, Training and Employment Act 2000 [as amended by all amendments that commenced on or before 30 June 2014] An Act to provide for vocational education, training and employment Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Vocational Education, Training and Employment Act 2000 . 2 Commencement (1) Schedule 1, section 15 is taken to have commenced on 1 July 1999. (2) Schedule 1, section 77 commences, or is taken to have commenced, on 1 July 2000. (3) The remaining provisions of this Act commence on a day to be fixed by proclamation. 3 Objectives The objectives of this Act are— Current as at 30 June 2014 Page 15

Vocational Education, Training and Employment Act 2000 Chapter 1 Preliminary Part 1 Introduction [s 4] (b) to provide mechanisms for employees, employers, associations of employees or employers, industry and the community to advise government on vocational education and training needs and priorities to meet those needs; and (c) to support the continued development of high quality training by and within industry; and (d) to facilitate the provision of vocational education and training that is relevant to employment, encourages the generation of employment opportunities and is responsive to the future workforce development and skills requirements of industry; and (f) to further the commitment by the States, the Territories and the Commonwealth, in partnership with industry, to work together to increase the participation of Australians in an integrated national vocational education and training system that allows for local diversity; and (g) to promote a community commitment towards supporting young people in the compulsory participation phase; and (h) to implement initiatives that are consistent with the ministerial declaration ‘Stepping forward: improving pathways for all young people’; and (i) to strengthen Queensland’s economic base by providing a skilled workforce that meets the current and future needs of industry, Government and the community. 4 Act binds all persons (1) This Act binds all persons including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. Page 16 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 1 Preliminary Part 2 Definitions and basic concepts [s 5] (2) However, nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence. 5 Notes in text A note in the text of this Act is part of the Act. Part 2 Definitions and basic concepts 6 Definitions—the dictionary The dictionary in schedule 3 defines particular words used in this Act. 7 What is an apprenticeship An apprenticeship is employment based training declared by the chief executive to be an apprenticeship. Notes — 1 The declaration is made under section 47. 2 Without limiting who may undertake an apprenticeship, an apprenticeship may be undertaken by a young person in the compulsory participation phase. 8 What is a traineeship A traineeship is employment based training declared by the chief executive to be a traineeship. Notes — 1 The declaration is made under section 47. 2 Without limiting who may undertake a traineeship, a traineeship may be undertaken by a young person in the compulsory participation phase. Current as at 30 June 2014 Page 17

Vocational Education, Training and Employment Act 2000 Chapter 1 Preliminary Part 2 Definitions and basic concepts [s 9] 9 Who is an apprentice (1) An employee who is being trained in an apprenticeship is an apprentice if— (a) an apprenticeship contract for the apprenticeship has been signed by the parties to the contract, whether or not the contract has been registered under this Act; or (b) the probationary period for the apprenticeship has not ended. Note — Section 52(3) states who are the parties to the contract. (2) However, an employee can not be an apprentice if the employee’s employer has been declared a prohibited employer and the employment contravenes the declaration. Note — An employer may be declared to be a prohibited employer under section 83. 10 Who is a trainee (1) An employee who is being trained in a traineeship is a trainee if— (a) a traineeship contract has been signed by the parties to the contract, whether or not the contract has been registered under this Act; or (b) the probationary period for the traineeship has not ended. Note — Section 52(3) states who are the parties to the contract. (2) However, an employee can not be a trainee if the employee’s employer has been declared a prohibited employer and the employment contravenes the declaration. Page 18 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 1 Preliminary Part 2 Definitions and basic concepts [s 11] Note — An employer may be declared to be a prohibited employer under section 83. 11 What is an apprenticeship contract (1) An apprenticeship contract is a contract in the approved form for the training and employment of a person in an apprenticeship. (2) A training plan is not part of an apprenticeship contract. 12 What is a traineeship contract (1) A traineeship contract is a contract in the approved form for the training and employment of a person in a traineeship. (2) A training plan is not part of a traineeship contract. 13 What is a training plan (1) A training plan for an apprentice or trainee is a document stating— (a) the training to be delivered to the apprentice or trainee by the apprentice’s or trainee’s employer; and (b) if the apprentice or trainee is also to be trained by a supervising registered training organisation— (i) the training to be delivered to the apprentice or trainee by the organisation; and (ii) the maximum period of the training to be delivered by the organisation during the apprenticeship or traineeship; and (c) the qualification or statement of attainment to be issued to the apprentice or trainee on completing the training. (2) A training plan for a student under a vocational placement is a document stating the training to be delivered to the student during the placement by a placement person. Current as at 30 June 2014 Page 19

Vocational Education, Training and Employment Act 2000 Chapter 1 Preliminary Part 2 Definitions and basic concepts [s 14] 14 What is a registered training organisation A registered training organisation is a registered training organisation under the Commonwealth Act. 15 What is a supervising registered training organisation A supervising registered training organisation is a registered training organisation that— (a) delivers training to an apprentice or trainee under a training plan for the apprentice or trainee that requires the training to be delivered by a registered training organisation; and (b) when satisfied the apprentice or trainee has completed the training required to be completed under the plan, issues the qualification or statement of attainment stated in the plan. 16 What is a vocational placement scheme (1) A vocational placement scheme is a scheme stating the particulars mentioned in subsection (2) (the relevant particulars ) for a course that— (a) is to be offered by a registered training organisation; and (b) requires a student undertaking the course to complete a vocational placement. (2) The relevant particulars are— (a) the qualification or statement of attainment to be issued to a student completing the course; and (b) the skills and knowledge to be attained by a student during the placement and their relevance to the qualification or statement of attainment; and (c) the duration of the placement. Page 20 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1A Declaring apprenticeships or traineeships [s 17] 17 What is a vocational placement (1) A vocational placement , for a student, is the placement under a vocational placement agreement of the student in a work environment with a placement person who agrees to deliver to the student the training stated in the training plan for the placement. (2) The object of the placement is to give the student practical training and experience that is required under, and is an assessable part of, the student’s course. Chapter 3 Apprentices and trainees Part 1A Declaring apprenticeships or traineeships 47 Declaring apprenticeships or traineeships (1) This section applies if a person can obtain a qualification or statement of attainment by completing employment based training with an employer. (2) The chief executive may declare the employment based training leading to the qualification or statement of attainment to be an apprenticeship or traineeship. (3) A declaration under subsection (2) does not prevent the qualification or statement of attainment from being attained in a way other than by completing an apprenticeship or traineeship. Current as at 30 June 2014 Page 21

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 48] Part 1 Apprenticeship and traineeship contracts Division 1 Preliminary 48 Start of apprenticeship or traineeship An apprenticeship or traineeship starts on the day agreed by the employer and the person who is to become the employer’s apprentice or trainee. 49 Term of training contract (1) The chief executive may decide the term (the nominal term ) of training contracts for apprenticeships and traineeships. (2) The nominal terms may be different for different apprenticeships or traineeships or different classes of apprenticeships or traineeships. Note — Section 77 provides for an extension of the nominal term for a particular apprentice or trainee. 50 Probationary period (1) The chief executive is to decide the probationary periods for apprenticeships and traineeships. (2) Probationary periods may be different for different apprenticeships or traineeships or different classes of apprenticeships or traineeships. (3) The nominal term of a training contract must include the probationary period for the apprenticeship or traineeship. (4) An employer and the employer’s apprentice or trainee may make written submissions to the chief executive to shorten or lengthen the probationary period for the apprentice or trainee. Page 22 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 51] 51 Ending apprenticeship or traineeship in probationary period An apprenticeship or traineeship may be ended during the probationary period by the giving of 1 week’s notice— (a) by the employer to the employer’s apprentice or trainee; or (b) by the employer’s apprentice or trainee to the employer. Note — Under the Industrial Relations Act 1999 , section 138A, an employer or the employer’s apprentice or a trainee may end the employment of the apprentice or trainee before the end of the probationary period. Division 2 Signing and registration of training contracts 52 Training contract to be signed (1) The employer of a person who is to be trained by the employer as an apprentice or trainee must ensure that a training contract is signed by the parties before the probationary period ends. Maximum penalty—40 penalty units. (2) A person must not coerce, or attempt to coerce, a person to become a party to a training contract. Maximum penalty—40 penalty units. (3) The parties to the contract are— (a) the employer; and (b) the person training as an apprentice or trainee under the contract; and (c) if the person mentioned in paragraph (b) is a minor, the person’s parent unless the minor is not in the parent’s care and control. Current as at 30 June 2014 Page 23

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 53] 53 Employer to give training contract to chief executive for registration The employer must send the signed training contract to the chief executive for registration within 1 month after the end of the probation period for the apprenticeship or traineeship to which the contract relates. Maximum penalty—40 penalty units. 54 Registering training contract (1) The chief executive may register, or refuse to register, a training contract in the way prescribed under a regulation. (2) The chief executive must refuse to register a training contract if the employer is declared to be a prohibited employer and the employment of the apprentice or trainee contravenes the declaration. Note — An employer may be declared to be a prohibited employer under section 83. (3) The chief executive may register a training contract only if the contract conforms with the requirements stated in the approved guidelines. (4) If the chief executive registers the contract— (a) the contract is effective on and from the day it is registered; and (b) the chief executive must promptly give the parties to the contract signed notice that the contract is registered. (5) If the chief executive refuses to register the contract, the chief executive must promptly give each party an information notice. (6) If the chief executive refuses to register the contract, the contract and the apprenticeship or traineeship under it end on the day stated in the information notice as the day the decision has effect or an earlier day agreed to by the parties. Page 24 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 54A] 54A Chief executive may keep register The chief executive may keep a register of training contracts for apprentices and trainees. 55 False or misleading information in training contract (1) A person must not state anything in a training contract that the person knows is false or misleading. Maximum penalty—50 penalty units. (2) A person must not induce or coerce someone else to state anything in a training contract that the person knows is false or misleading. Maximum penalty for subsection (2)—50 penalty units. 56 Premiums prohibited (1) A person must not, either directly or indirectly, demand, accept or agree to accept from another person a premium for— (a) employing the person as an apprentice or trainee; or (b) inducing, or attempting to induce, another person to employ a person as an apprentice or trainee; or (c) amending a registered training contract; or (d) cancelling a registered training contract. Maximum penalty—50 penalty units. (2) If a person is convicted of an offence against subsection (1), the court by, or before, which the person is convicted may order the person— (a) to return the premium to the person who gave the premium; or (b) to reimburse the person who gave the premium an amount equal to the value of the premium. Current as at 30 June 2014 Page 25

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 57] (3) Subsection (2) does not limit the court’s power to impose a penalty on the person convicted. (4) An order under subsection (2)— (a) may be filed in a court with jurisdiction to recover in an action for debt an amount equal to the amount payable under the order; and (b) on being filed, is taken to be an order of that court and may be enforced accordingly. (5) In this section— premium does not include a payment to a person in the form of a grant or incentive from the State or the Commonwealth for employing or training, or promoting the employment or training of, an apprentice or trainee. State or the Commonwealth includes an entity that pays a grant or incentive under a written agreement with the State or the Commonwealth. Division 3 Amending or assigning registered training contract 57 Amending or assigning registered training contract (1) Except as provided in sections 58 and 59, a registered training contract— (a) may not be amended or assigned, unless the parties to it agree in writing and the chief executive approves the amendment or assignment; and (b) may only be— (i) amended in the way prescribed under a regulation; or (ii) temporarily assigned to another employer (the new employer ) in the way prescribed under a regulation if— Page 26 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 58] (A) the employer under the contract can not temporarily meet the training obligations under the training plan for the employer’s apprentice or trainee; and (B) the parties to the contract and the new employer agree to the temporary assignment of the contract to the new employer. (1A) If the chief executive refuses to approve the amendment or assignment, the chief executive must promptly give the parties an information notice. (2) A party to a registered training contract must not coerce, or attempt to coerce, another party to the contract to agree to its amendment or assignment. Maximum penalty for subsection (2)—50 penalty units. 58 Minor amendment of registered training contract (1) A party to a registered training contract may notify in writing the other parties to the contract and the chief executive of a minor amendment of the contract. (2) When the notice is given, the contract is taken to be amended in the way stated in the notice. (3) In this section— minor amendment , of a contract, means an amendment of the contract that does not alter its substance or effect. Examples of a minor amendment — • a party changes the party’s name or address • a correction of a typographical error in a party’s name or address 59 Statutory assignment or cancellation of registered training contract (1) If an event mentioned in section 82(1)(b) happens, the training contract is taken to have been assigned by the Current as at 30 June 2014 Page 27

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 61] employer who is a party to the contract to the purchaser of the employer’s business on the day agreed between the employer and the purchaser. (2) If an event mentioned in section 82(1)(c) happens— (a) if the business of the dissolved partnership is continued by 1 person who was a partner of the dissolved partnership—the training contract is taken to be assigned to the person when the winding up of the affairs of the dissolved partnership is complete; or (b) if the business of the dissolved partnership is continued by 2 or more persons who were partners of the dissolved partnership under a new partnership—the training contract is taken to be assigned to the persons when the new partnership begins; or (c) if neither paragraph (a) or (b) apply—the training contract is cancelled. Division 4 Cancelling training contract 61 Agreeing to cancel training contract (1) The parties to a training contract may cancel it at any time if they agree in writing to its cancellation. (2) A party to a training contract must not coerce, or attempt to coerce, another party to the contract to agree to cancel it. Maximum penalty for subsection (2)—50 penalty units. 62 Reinstatement of training contract cancelled by coercion (1) A person who was a party to a decision to cancel a registered training contract by agreement under section 61 may apply to the industrial commission for an order reinstating the contract if the person’s agreement to the cancellation was obtained as a result of coercion. Page 28 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 63] (2) The application must be made, as required under the rules made under the Industrial Relations Act 1999 , within 21 days after the cancellation of the contract. (3) The commission may extend the time for making the application. (4) In deciding the application, the commission may make any order that it could make under section 236. 63 Cancelling training contract for inability to perform contract on stated grounds (1) If a party to a training contract can not perform the party’s obligations under the contract on any of the following grounds, the party may apply to the chief executive in writing to cancel the contract— (a) if the party is an employer— (i) the employer has ceased business; or (ii) there has been a substantial change in the employer’s circumstances and the change has affected the employer’s capacity to perform the employer’s obligations under the contract; (b) if the party is an apprentice or trainee (the relevant party )— (i) the employer has moved the employer’s business to a place to which it is impracticable or unreasonable for the relevant party to travel; or (ii) there has been a substantial change in the relevant party’s circumstances affecting the relevant party’s capacity to perform the relevant party’s obligations under the contract. (2) The chief executive must promptly decide the application by fair procedures prescribed under a regulation and give the parties an information notice for the decision. Current as at 30 June 2014 Page 29

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 64] (3) If the chief executive decides to cancel the contract, the cancellation has no effect until at least 4 weeks from the day the notice is given, unless a shorter time is stated in the notice. (4) The notice must not state a time less than 4 weeks, unless the chief executive is satisfied it is reasonable in the circumstances to do so. 64 Suspension and cancellation for serious misconduct (1) This section applies if— (a) an apprentice or trainee who is a party to a training contract engages in serious misconduct; and (b) because of the misconduct, the employer of the apprentice or trainee decides it is unreasonable to continue to train the apprentice or trainee at that time. (2) The employer may immediately suspend the training contract by— (a) telling the apprentice or trainee the contract is suspended; or (b) giving the apprentice or trainee a suspension notice. (3) If the employer suspends the contract under subsection (2)(a), the employer must, within 1 working day after the suspension, give the apprentice or trainee a suspension notice. (4) If the employer suspends the contract, the employer must— (a) within 1 working day after the suspension, notify the chief executive of the suspension; and (b) within 5 working days after the suspension, give the chief executive a copy of the suspension notice. (5) If the suspension notice states that the employer proposes to apply for cancellation of the contract— (a) the employer is taken to have applied for the cancellation by giving the chief executive a copy of the suspension notice; and Page 30 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 64] (b) the apprentice or trainee is taken to be stood down from employment without pay until the chief executive decides the application. (6) If the suspension notice does not state that the employer proposes to apply for cancellation of the contract, the apprentice or trainee is taken to be stood down from employment without pay for— (a) if the suspension notice states a period for which the apprentice or trainee is suspended of not longer than 1 working day—the stated period; or (b) otherwise—1 working day. (7) The chief executive must promptly— (a) by fair procedures prescribed under a regulation— (i) for an application for cancellation of a contract—decide the application; or (ii) for a suspension notice that does not state that the employer proposes to apply for cancellation of the contract—confirm or refuse to confirm the suspension; and (b) give the employer and the apprentice or trainee an information notice for the decision. (8) The chief executive may cancel the contract only if— (a) it is satisfied the employer gave the apprentice or trainee a suspension notice as required under subsection (2)(b) or (3); and (b) the chief executive reasonably believes— (i) the apprentice or trainee engaged in the serious misconduct; and (ii) it is unreasonable in the circumstances for the employer to continue the training. (9) However, subsection (10) applies if— Current as at 30 June 2014 Page 31

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 64] (a) having told the apprentice or trainee of the suspension under subsection (2)(a), the employer fails to give the apprentice or trainee a suspension notice as required under subsection (3); or (b) the employer fails to notify the chief executive of the suspension as required under subsection (4)(a); or (c) the employer fails to give the chief executive a copy of the suspension notice as required under subsection (4)(b); or (d) for a suspension notice that states that the employer proposes to apply for cancellation of the contract—the chief executive, or the commission on appeal, refuses to cancel the contract; or (e) for a suspension notice that does not state that the employer proposes to apply for cancellation of the contract—the chief executive, or the commission on appeal, refuses to confirm the suspension. (10) The suspension is taken not to have happened and the employer must immediately— (a) resume training the apprentice or trainee; and (b) reimburse the apprentice or trainee for wages lost during the period the apprentice or trainee was stood down from employment without pay. Maximum penalty—50 penalty units. (11) In this section— dangerous incident see the Work Health and Safety Act 2011, section 37. serious injury or illness see the Work Health and Safety Act 2011 , section 36. serious misconduct means any of the following— (a) theft; (b) assault; Page 32 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 65] (c) fraud; (d) at work— (i) being under the influence of liquor or a drug; or (ii) causing an imminent risk of serious injury or illness or a dangerous incident happening; or (iii) behaving in a way that is inconsistent with the continuation of a registered training contract. suspension notice means a notice— (a) stating, or (if the apprentice or trainee was told of the suspension under subsection (2)(a)) confirming, that the apprentice or trainee is suspended; and (b) stating the grounds for the suspension; and (c) stating whether the employer proposes to apply for cancellation of the contract. 65 Chief executive’s power to reinstate training (1) This section applies if a person who was a party to a training contract that has purportedly been cancelled by another party to the contract, believes on reasonable grounds that the contract has not been cancelled in accordance with this Act. (2) Within 21 days after the cancellation, the person may apply in writing to the chief executive for an order that training under the contract be resumed. (3) The person must state the grounds in the application. (4) If the chief executive decides, by fair procedures prescribed under a regulation, that a party to the contract has purported to cancel the contract other than in accordance with this Act, the chief executive may order— (a) if the employer purported to cancel the contract—the employer under the contract to resume training the apprentice or trainee; or Current as at 30 June 2014 Page 33

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 66] (b) if another party purported to cancel the contract—the apprentice or trainee under the contract to resume undertaking the training. (5) If the chief executive considers it would be impracticable to make the order, the chief executive may order the cancellation of the contract. (6) The chief executive must promptly give the parties an information notice for the decision on an order under subsection (4) or (5). (7) A person must not contravene the chief executive’s order. Maximum penalty for subsection (7)—50 penalty units. 66 Cancelling registration of training contract (1) The chief executive may, by fair procedures prescribed under a regulation, cancel the registration of a training contract, whether on application by a party to the contract or the chief executive’s own initiative, if the chief executive reasonably believes— (a) the contract was registered in error or because of a materially false or misleading representation or declaration; or (b) a party to the contract has been convicted of an offence against this Act; or (c) there has been a change in the circumstances of the employer or the apprentice or trainee that make it unlikely that the contract will be completed; or (d) an apprentice or trainee is failing, for a reason other than neglect or default, to make reasonable progress in training under the apprentice’s or trainee’s training plan. Example for paragraph (d) — After starting an apprenticeship, the apprentice contracts a debilitating illness that prevents the apprentice making reasonable progress in training under the apprentice’s training plan. Page 34 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 67] (2) The chief executive must promptly give the parties an information notice for the decision. (3) Subsection (1) does not limit the power of the chief executive to cancel the registration of a training contract under section 64 or 71. 67 Training contract ends if registration cancelled If the registration of a training contract is cancelled before it is completed, the contract ends on the day the cancellation takes effect. 68 Effect of cancelling or ending training contract If a training contract ends or is cancelled before it is completed, the apprenticeship or traineeship of the person who was the apprentice or trainee ends on the day the contract ends or is cancelled. Note — Section 78 provides for the effect of cancelling or completing a training contract on the apprentice’s or trainee’s employment. 69 Employer to notify supervising registered training organisation (1) This section applies if a training contract ends or is cancelled before it is completed. (2) The person who was the employer under the contract must give the supervising registered training organisation for the apprentice or trainee signed notice of the ending of the apprenticeship or traineeship within 7 days after— (a) if the parties have agreed to cancel the contract—the cancellation; or (b) if the chief executive has cancelled the contract or the registration of the contract and given the person signed Current as at 30 June 2014 Page 35

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 70] notice of the cancellation—the person being given the notice. Maximum penalty—40 penalty units. Division 5 Discipline 70 Definition for div 5 In this division— misconduct , for a party to a registered training contract, means— (a) if the party is an employer or an apprentice or trainee— (i) the party fails to carry out a reasonable and lawful instruction that is consistent with the party’s obligations under the contract given by— (A) if the party is the employer—the chief executive; or (B) if the party is an apprentice or trainee—the chief executive, the apprentice’s or trainee’s employer, the employer’s agent or employee or the supervising registered training organisation for the apprentice or trainee; or (ii) the party does not— (A) keep a training record prescribed under a regulation to be kept by the party; or (B) when requested by another party to the contract, produce the record for the party’s inspection; or (iii) the party has been convicted of an offence against this Act; or (b) if the party is an apprentice or trainee— Page 36 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 71] (i) the party is absent from the party’s employer’s service without the employer’s consent, unless the absence is authorised under this Act or the Industrial Relations Act 1999 ; or (ii) the party is absent from training required under the party’s training plan to be provided by the party’s supervising registered training organisation without the organisation’s consent; or (iii) the party does not participate in training provided under the party’s training plan; or (iv) the party fails, because of the party’s deliberate neglect or default, to make reasonable progress in training provided under the party’s training plan; or (v) the party causes serious damage, or risk of serious damage, to the party’s employer’s business or business reputation. 71 Discipline (1) This section applies if the chief executive reasonably believes a party to a registered training contract— (a) has contravened this Act or the contract; or (b) has engaged in misconduct. (2) The chief executive may make any of the following orders— (a) an order reprimanding the party; (b) an order directing the party— (i) to pay the chief executive an amount of not more than 4 penalty units; or (ii) to comply with the contract; (c) if the party contravening the contract or engaging in the misconduct is the apprentice or trainee—an order suspending the contract for a period no longer than 30 days; Current as at 30 June 2014 Page 37

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 71] (d) if an order has not been made under paragraph (b)(ii) or (c)—an order cancelling the contract. (3) The chief executive— (a) may make an order under subsection (2) only by fair procedures prescribed under a regulation; and (b) must give the parties an information notice for the decision on the order. (4) If the contract is suspended, the apprentice or trainee who is a party to the contract is taken to be stood down from employment without pay for the suspension period. (5) If the contract is cancelled, section 78 applies and, subject to that section, the employment of the apprentice or trainee is taken to be terminated. (6) If an order under subsection (2)(b)(i) directs a party to pay an amount to the chief executive, the order may direct that— (a) the party pay the amount directly or by instalments over a stated period; or (b) if the party is an apprentice or trainee—despite the Industrial Relations Act 1999 , section 391, the apprentice’s or trainee’s employer deduct the amount directly or by instalments over a stated period from the apprentice’s or trainee’s wages and pay it. (7) A person must not contravene an order made under subsection (2)(b), (c) or (d). Maximum penalty for subsection (7)—50 penalty units. Page 38 Current as at 30 June 2014

Division 6 Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 72] Completion of apprenticeship or traineeship 72 Employer and apprentice or trainee to notify completion of training (1) This section applies if an employer of an apprentice or trainee and the apprentice or trainee agree the apprentice or trainee has completed the training required to be delivered by the employer under the training plan for the apprentice or trainee. (2) Within 5 working days after agreeing, the employer and the apprentice or trainee must sign a written statement that the apprentice or trainee has completed the training. Maximum penalty—50 penalty units. (3) Within 10 working days after agreeing, the employer or the apprentice or trainee must give the supervising registered training organisation for the apprentice or trainee a signed notice that the apprentice or trainee has completed the training. Maximum penalty—50 penalty units. (4) The employer or the apprentice or trainee must not give the supervising registered training organisation a false or misleading notice. Maximum penalty for subsection (4)—50 penalty units. 73 Notice of issue of qualification or statement of attainment on completion of training (1) This section applies if a supervising registered training organisation for an apprentice or trainee— (a) receives a notice under section 72(3) from an employer or apprentice or trainee; and (b) the organisation is reasonably satisfied the apprentice or trainee— Current as at 30 June 2014 Page 39

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 74] (i) has completed all the training required for the apprenticeship or traineeship; and (ii) is entitled, under the Commonwealth Act, to be issued a qualification or statement of attainment for the apprenticeship or traineeship. (2) The organisation must, as soon as is reasonably practicable, ensure that it, the employer and the apprentice or trainee sign an agreement (the completion agreement ) acknowledging the completion of the training. Maximum penalty—50 penalty units. Note — The registered training organisation issues the qualification or statement of attainment stated in the plan to the apprentice or employee under the Commonwealth Act. (4) The organisation must, within 14 days after issuing the qualification or statement of attainment, give the chief executive and the apprentice’s or trainee’s employer signed notice of issuing the qualification or statement of attainment. Maximum penalty—50 penalty units. (5) Promptly after receiving the notice mentioned in subsection (4), the chief executive must issue a completion certificate to the apprentice or trainee. (6) The organisation must not give a false or misleading notice. Maximum penalty for subsection (6)—80 penalty units. 74 Signing of completion agreement ends registered training contract (1) When a supervising registered training organisation, an employer and the employer’s apprentice or trainee sign a completion agreement, the registered training contract for the apprenticeship or traineeship stated in the agreement ends. (2) This section applies despite the nominal term of the contract. Page 40 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 75] 75 Signing of completion agreement ends training plan When a supervising registered training organisation, an employer and the employer’s apprentice or trainee sign a completion agreement, the training plan for the apprentice or trainee ends. 76 Cancelling completion certificate (1) This section applies if, within 6 months after the issue of a completion certificate, the chief executive reasonably believes the certificate was issued— (a) in error; or (b) because of a materially false or misleading representation or declaration. (2) The chief executive may, by fair procedures prescribed under a regulation, cancel the certificate. (3) When the chief executive decides to cancel, or not cancel the certificate, the chief executive must immediately give the holder of the certificate an information notice for the decision. (4) If the chief executive cancels the certificate, the cancellation is effective from the day the information notice is given. (5) Also, if the chief executive cancels the certificate, the chief executive— (a) must notify the cancellation in the gazette; and (b) may, by signed notice to the person to whom the certificate was issued, require the person to return it to the chief executive within the time stated in the notice. (6) The person must comply with the requirement under subsection (5)(b), unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (7) The cancellation of the certificate does not reinstate the training contract that ended when the completion agreement was signed. Current as at 30 June 2014 Page 41

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 77] 77 Delayed completion of registered training contract (1) This section applies if the nominal term of a registered training contract is to end before the apprentice or trainee who is a party to the contract completes the apprenticeship or traineeship. (2) The parties to the contract may apply in writing to the chief executive to extend the nominal term. Example — Because an apprentice is ill, the apprentice can not participate in training for several months. The parties to the contract may apply to the chief executive for an extension of the nominal term of the contract. (3) The chief executive may extend the nominal term by a reasonable time if the chief executive reasonably believes the apprentice or trainee can complete the apprenticeship or traineeship in the extended nominal term. (4) If the chief executive extends the nominal term, the contract is taken to be similarly extended. (5) The chief executive must— (a) if the chief executive extends the nominal term, give the parties signed notice of the extension; or (b) if the chief executive refuses to extend the nominal term, promptly give the parties an information notice. 78 Cancellation or completion of registered training contract terminates employment (1) This section applies if a registered training contract is cancelled or completed. (2) The employment of the apprentice or trainee who was a party to the contract (the employee ) with the employer is taken to be lawfully terminated under the Industrial Relations Act 1999 unless— (a) the Industrial Relations Act 1999 , section 139A applies; or Page 42 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 79] (b) the employer and the employee agree the employee is to be employed in another position. (3) To remove doubt, it is declared that if the employment is terminated, the employee has, under the Industrial Relations Act 1999 , the rights given to an employee whose employment has been lawfully terminated under that Act. Note — See, for example, the Industrial Relations Act 1999 , chapter 11 (Records and wages), part 2 (Wages and occupational superannuation), division 3 (Paying and recovering wages). Division 7 Employers’ obligations for apprentice or trainee 79 Employer to provide facilities The employer of an apprentice or trainee must provide, or arrange to provide, to the apprentice or trainee the facilities, range of work, supervision and training required under the training plan for the apprentice or trainee. Maximum penalty—60 penalty units. 80 Employer to comply with training plan The employer of an apprentice or trainee must deliver to the apprentice or trainee the training the employer is required to deliver under the training plan for the apprentice or trainee. Maximum penalty—60 penalty units. 81 Employer not to prevent participation in training The employer of an apprentice or trainee must not directly, or indirectly— (a) obstruct the apprentice or trainee from participating in the training required under the training plan for the Current as at 30 June 2014 Page 43

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 82] apprentice or trainee to be delivered by the supervising registered training organisation for the apprentice or trainee (the required training ); or (b) prejudice the apprentice’s or trainee’s employment, or place the apprentice or trainee at a disadvantage, because the apprentice or trainee participates or attempts to participate in the required training; or (c) discourage the apprentice or trainee from participating in the required training; or (d) induce or coerce the apprentice or trainee to not participate in the required training. Maximum penalty—60 penalty units. 82 Employer to report notifiable events (1) This section applies if any of the following events (a notifiable event ) happens in relation to a registered training contract— (a) the parties to the contract agree to— (i) amend the contract; or (ii) temporarily assign the contract; or (iii) cancel the contract; (b) the employer sells or disposes of the employer’s business to someone else (a purchaser ) and the purchaser agrees to continue to train the apprentice or trainee under the registered training contract; (c) the employer is a partnership and the partnership is dissolved; (d) the employer decides— (i) the apprentice or trainee is failing to make reasonable progress in the training for the apprenticeship or traineeship; or Page 44 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 83] (ii) the training can not be completed within the nominal term of the contract. (2) The employer must give the chief executive signed notice of the event within 14 days after the event happens. Maximum penalty—50 penalty units. (3) If the notifiable event is an event mentioned in subsection (1)(b), the purchaser must give the chief executive signed notice of the purchaser’s agreement to continue training the apprentice or trainee under the registered training contract within 14 days after the event happens. Maximum penalty for subsection (3)—50 penalty units. Division 8 Prohibited employers 83 Prohibited employers (1) The chief executive may, by fair procedures prescribed under a regulation, declare an employer to be a prohibited employer if the chief executive reasonably believes the employer is not a suitable person to employ an apprentice or trainee. (2) A declaration may be for a stated or indefinite period. (3) A declaration must state the employer must not, while the declaration is in force, employ— (a) any apprentice or trainee; or (b) an apprentice or trainee in 1 or more stated apprenticeships or traineeships. (4) In deciding whether or not a person is suitable to employ an apprentice or trainee, the chief executive must have regard to the following— (a) the employer’s ability to provide, or arrange to provide, to an apprentice or trainee the facilities, range of work, supervision and training required under a training plan for the apprentice or trainee; Current as at 30 June 2014 Page 45

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 84] (b) the employer’s record in delivering training to apprentices or trainees; (c) whether the employer has contravened any Act or Commonwealth Act relating to employment including this Act, the former VETE Act, the Industrial Relations Act 1999 and the Work Health and Safety Act 2011 ; (d) whether the employer has been convicted of an indictable offence; (e) whether the employer behaves, or permits his or her employees to behave, in an objectionable way towards an apprentice or trainee. (5) If the chief executive decides not to declare an employer to be a prohibited employer, the chief executive must immediately give the employer written notice of the decision. (6) If the chief executive decides to declare an employer to be a prohibited employer, the chief executive must immediately give the employer an information notice about the decision. (7) The chief executive must promptly notify the declaration of an employer as a prohibited employer by gazette notice after the sooner of— (a) if the employer does not appeal against the decision to make the declaration—the end of the time for appealing against the decision; and (b) if the employer appeals against the decision to make the declaration and the appeal is discontinued or unsuccessful—the end of the appeal. 84 Revocation of declaration as prohibited employer (1) A prohibited employer may, by signed notice given to the chief executive, request the chief executive to revoke the declaration. (2) The chief executive may, by fair procedures prescribed under a regulation, completely or partly revoke the declaration. Page 46 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 85] (3) The chief executive may completely revoke the declaration only if satisfied the employer is no longer an unsuitable person to employ any apprentice or trainee. (4) The chief executive may partly revoke the declaration only if satisfied— (a) if the declaration stated the employer must not employ any apprentice or trainee—the employer is no longer an unsuitable person to employ an apprentice or trainee in a particular apprenticeship or traineeship; or (b) if the declaration stated the employer must not employ an apprentice or trainee in more than 1 stated apprenticeships or traineeships—the employer is no longer an unsuitable employer to employ an apprentice or trainee in 1 or more apprenticeships or traineeships stated in the original declaration. (5) If the chief executive decides to completely revoke the declaration, the chief executive must immediately give the employer written notice of the decision. (6) If the chief executive decides to partly revoke the declaration or to leave the declaration stand, the chief executive must immediately give the employer an information notice about the decision. (7) If the chief executive completely or partly revokes the declaration, the chief executive must promptly notify the complete or partial revocation by gazette notice. (8) If the chief executive partly revokes the declaration, the gazette notice must state the employer must not, while the declaration is in force, employ an apprentice or trainee in 1 or more stated apprenticeships or traineeships. 85 Prohibited employer not to contravene declaration (1) A prohibited employer must not employ, or offer to employ, a person as an apprentice or trainee in contravention of a declaration. Current as at 30 June 2014 Page 47

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 86] Maximum penalty—80 penalty units. (2) In this section— declaration means— (a) a declaration made under section 83; or (b) if the declaration has been partially revoked under section 84, the declaration as partially revoked. Division 9 Other provisions 86 Temporary stand down under registered training contract (1) This section applies if the employer of an apprentice or trainee temporarily can not provide the apprentice or trainee with the training stated in the training plan for the apprentice or trainee. (2) The employer may apply in writing to the chief executive for approval to temporarily stand down the apprentice or trainee from the apprenticeship or traineeship. (2A) When the chief executive decides the application, the chief executive must promptly give the employer and the apprentice or trainee an information notice for the decision. (3) If the chief executive approves the application, the information notice must state— (a) the maximum period, not more than 30 days, over which the stand down may happen; and (b) the maximum time during the period the employer may stand down the apprentice or trainee; and Examples of paragraph (b) — • the chief executive may approve that the employer stand down the apprentice or trainee for the whole period • the chief executive may approve that the employer stand down the apprentice or trainee for a stated number of working days in a week for the period Page 48 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 1 Apprenticeship and traineeship contracts [s 87] (c) the day the period starts. (4) The employer may stand down the apprentice or trainee from the apprenticeship or traineeship without pay only in accordance with the information notice from the chief executive. (5) If the apprentice or trainee is stood down, the apprentice or trainee is also stood down from employment with the employer unless the employer and the apprentice or trainee otherwise agree. (6) An employer must not stand down an apprentice or trainee from the apprenticeship or traineeship other than under this section. Maximum penalty for subsection (6)—50 penalty units. 87 Employer restriction on training (1) An employer must not knowingly enter into a training contract with a person to train the person as an apprentice or trainee in an apprenticeship or traineeship if the person is already being trained as an apprentice or trainee under a registered training contract in the same apprenticeship or traineeship by another employer (the original employer ). Maximum penalty—40 penalty units. (2) However, the employer does not contravene subsection (1) if the original employer consents in writing to the apprentice or trainee entering into the training contract with the employer. 88 Apprentice or trainee restriction on training (1) An apprentice or trainee under a registered training contract must not enter into a training contract with an employer (the second employer ) for training for the same apprenticeship or traineeship for which the apprentice or trainee is being trained under the registered training contract. Maximum penalty—40 penalty units. Current as at 30 June 2014 Page 49

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 2 Supervising registered training organisations [s 89] (2) However, the apprentice or trainee does not contravene subsection (1) if the apprentice’s or trainee’s employer consents in writing to the apprentice or trainee entering into the training contract with the second employer. 89 Restricted callings (1) The chief executive may, by gazette notice, declare a calling to be a restricted calling. (2) An employer must not employ a young person in a restricted calling unless the young person— (a) has completed a qualification or statement of attainment relevant to the calling; or (b) is employed by the employer as an apprentice or trainee in the calling under a registered training contract. Maximum penalty—50 penalty units. (3) A person does not contravene this section if the person provides a young person with a vocational placement under a vocational placement agreement under chapter 4, part 2. (4) In this section— young person means a person under 21 years. Part 2 Supervising registered training organisations 90 Requirement for supervising registered training organisation (1) There must be a supervising registered training organisation for each apprentice or trainee. Page 50 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 2 Supervising registered training organisations [s 91] (2) If a person is an apprentice or trainee under more than 1 training contract, there must be a supervising registered training organisation for each apprenticeship or traineeship. 91 Becoming a supervising registered training organisation (1) The parties to a training contract must agree on the registered training organisation that is to become the supervising registered training organisation for the apprentice or trainee. (2) There can not be more than 1 supervising registered training organisation for each apprentice’s apprenticeship or trainee’s traineeship at any one time. (3) A registered training organisation can not become a supervising registered training organisation for an apprentice or trainee without the organisation’s agreement. 92 Availability of facilities A registered training organisation may be a supervising registered training organisation for an apprentice or trainee only if the organisation is able to provide, or arrange to provide, to the apprentice or trainee the facilities, services, supervision and training required under the training plan for the apprentice or trainee. Maximum penalty—80 penalty units. 93 Supervising registered training organisation to ensure delivery of training A supervising registered training organisation for an apprentice or trainee must ensure the training required to be delivered under the apprentice’s or trainee’s training plan is delivered to the apprentice or trainee. Maximum penalty—60 penalty units. Current as at 30 June 2014 Page 51

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 2 Supervising registered training organisations [s 94] 94 Replacing supervising registered training organisation (1) If the parties to a training contract agree, they may replace the supervising registered training organisation for the apprenticeship or traineeship with another registered training organisation. (2) If the supervising registered training organisation is to be replaced, the employer must give the organisation a signed notice stating the day, no sooner than 14 days after the day it is given, when the replacement becomes effective. Maximum penalty—40 penalty units. (3) Action to replace a supervising registered training organisation is of no effect if subsection (2) is contravened. 95 Replaced training organisation to give statement of attainment (1) This section applies if a supervising registered training organisation is to be replaced and is given a notice under section 94. (2) On or before the day stated in the notice when the replacement becomes effective (the replacement day ), the organisation must give the apprentice or trainee a statement of attainment stating the training completed under the training plan for the apprentice or trainee up to the replacement day. Maximum penalty—40 penalty units. Page 52 Current as at 30 June 2014

Part 3 Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 3 Training plans for apprentices or trainees [s 96] Training plans for apprentices or trainees Division 1 Signing training plan for apprentice or trainee 96 Training plan for apprentice or trainee (1) There must be a training plan for each apprentice or trainee. (2) If a person is an apprentice or trainee under more than 1 training contract, there must be a training plan for each apprenticeship or traineeship. 97 Parties to training plan for apprentice or trainee (1) The parties to a training plan for an apprentice or trainee are— (a) the employer; and (b) the apprentice or trainee; and (c) the supervising registered training organisation for the apprentice or trainee. (2) The supervising registered training organisation must be a party to the plan even though it may not be delivering any training to the apprentice or trainee under the plan. 98 Training plan for apprentice or trainee to be negotiated by parties (1) The training to be delivered under the training plan can not be unilaterally decided by the employer or supervising registered training organisation. (2) It must be negotiated, and agreed to, by all the parties. Current as at 30 June 2014 Page 53

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 3 Training plans for apprentices or trainees [s 99] 99 Coercion A person must not coerce, or attempt to coerce— (a) a person to become a party to a training plan; or (b) a party to a training plan to change the plan. Maximum penalty—50 penalty units. 100 Signing training plan for apprentice or trainee (1) When the parties have agreed to the training plan, they must sign it. (2) The supervising registered training organisation for an apprentice or trainee must take all reasonable steps to ensure that the apprentice’s or trainee’s plan is signed— (a) if the training plan is the initial training plan for the apprentice or trainee—before the probationary period for the apprentice or trainee ends; or (b) if a training plan for an apprentice or trainee ends because the supervising registered training organisation has been replaced—within 14 days after the replacement day. Maximum penalty for subsection (2)—50 penalty units. 101 Copies of signed training plan for apprentice or trainee The supervising registered training organisation for an apprentice or trainee must ensure a copy of the signed training plan is given to the apprentice or trainee, and the employer, within 7 days after the parties sign it. Maximum penalty—50 penalty units. 102 False or misleading information in training plan (1) A person must not state anything in a training plan for an apprentice or trainee the person knows is false or misleading. Page 54 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 3 Apprentices and trainees Part 3 Training plans for apprentices or trainees [s 103] Maximum penalty—50 penalty units. (2) A person must not induce or coerce someone else to state anything in a training plan the person knows is false or misleading. Maximum penalty for subsection (2)—50 penalty units. Division 2 Ending or changing training plan for apprentice or trainee 103 Automatic cancellation on replacement of supervising registered training organisation If a supervising registered training organisation for an apprentice or trainee is replaced, the training plan for the apprentice or trainee ends on the replacement day. 104 Automatic cancellation if apprenticeship or traineeship ends If a supervising registered training organisation receives notice under section 69 about the end of an apprenticeship or traineeship, the training plan for the apprentice or trainee ends on the same day the apprenticeship or traineeship ends. 105 Statement of attainment (1) This section applies if a training plan for an apprentice or trainee ends under section 104. (2) The training organisation must, within 14 days after receiving the notice mentioned in section 69, give the person who was the apprentice or trainee a statement of attainment stating the training the person completed under the training plan before it ended. Maximum penalty—40 penalty units. Current as at 30 June 2014 Page 55

Vocational Education, Training and Employment Act 2000 Chapter 3A Special provisions to complement compulsory participation phase [s 106] 106 Changing a training plan for an apprentice or trainee The parties to a training plan for an apprentice or trainee may change the plan only in the way prescribed under a regulation. Chapter 3A Special provisions to complement compulsory participation phase 106A Relationship with other legislation This chapter complements the provisions of the Education (General Provisions) Act 2006 dealing with the compulsory participation phase for young people. 106B Ministerial declaration ‘Stepping forward: improving pathways for all young people’ (1) The ministerial declaration ‘Stepping forward: improving pathways for all young people’ is the declaration of commitment to the young people of Australia by Ministers for Education, Employment, Training, Youth Affairs and Community Services endorsed in July 2002 by the Ministerial Council on Education, Employment, Training and Youth Affairs. Note — Section 3(h) provides that it is an objective of this Act to implement initiatives for young people that are consistent with the declaration. (2) A copy of the declaration is set out in the attachment. (3) The attachment is not part of this Act. 106C Chief executive to ensure diversity and accessibility of employment skills development programs (1) The chief executive must ensure— Page 56 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 1 Preliminary [s 107] (a) employment skills development programs are developed to meet the diverse needs of young people in the compulsory participation phase; and (b) the programs are accessible by young people in the compulsory participation phase. (2) The chief executive may provide employment skills development programs ( departmental employment skills development programs ). Chapter 4 Vocational placement Part 1 Preliminary Division 1 Definitions for chapter 4 107 Definitions for ch 4 In this chapter— course means a course that— (a) is conducted by a registered training organisation; and (b) leads to the issue of a qualification or statement of attainment. parties , to a vocational placement agreement, are— (a) the student undertaking vocational placement; and (b) the registered training organisation offering the course that requires the student to complete a vocational placement under the agreement; and (c) the placement person for the vocational placement under the agreement. Current as at 30 June 2014 Page 57

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 1 Preliminary [s 108] vocational placement , other than for part 1, division 2, means a vocational placement conforming with the particulars stated in a notice for a recognised vocational placement scheme under section 109(3). Division 2 Vocational placement schemes 108 Applying for recognition of vocational placement scheme (1) A registered training organisation may apply to the chief executive to recognise a vocational placement scheme. (2) The application must be in the approved form and accompanied by the prescribed fee. 109 How chief executive deals with application (1) The chief executive may recognise, or refuse to recognise, a vocational placement scheme. (2) The chief executive must promptly give the registered training organisation signed notice of its decision. (3) If the chief executive recognises the scheme, the notice must state the relevant particulars for the recognised scheme. 110 Offering course if vocational placement scheme not recognised A registered training organisation must not offer a course that requires a student undertaking the course to complete a vocational placement unless the organisation has applied for and obtained the chief executive’s recognition of a vocational placement scheme for the course. Maximum penalty—80 penalty units. Page 58 Current as at 30 June 2014

Division 3 Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 1 Preliminary [s 111] Arranging vocational placement and application of laws 111 Registered training organisation to arrange vocational placement (1) If a student must complete a vocational placement, the registered training organisation offering the course must arrange the placement with a placement person, unless the chief executive otherwise consents in writing. Maximum penalty—80 penalty units. (2) The registered training organisation must not arrange the placement with a placement person who is a prohibited employer, unless the chief executive consents in writing. Maximum penalty for subsection (2)—80 penalty units. 112 Vocational placement not to be arranged contrary to recognition If a registered training organisation obtains recognition for a vocational placement scheme, the organisation must not arrange a vocational placement other than under the recognised scheme. Maximum penalty—80 penalty units. 113 Placement person not student’s employer A placement person under a vocational placement agreement is not to be taken to be the employer of a student undertaking a vocational placement under the agreement, and the student is not to be taken to be the person’s employee, only because the student is undertaking the placement. Current as at 30 June 2014 Page 59

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 1 Preliminary [s 114] 114 Certain laws not to apply to students obtaining vocational placement (1) An Act or law, to the extent it prohibits or regulates the employment of a person, does not apply to a vocational placement agreement or the placement of a student under the agreement. (2) However, subsection (1) does not apply to— (a) the Anti-Discrimination Act 1991 ; or (b) another Act or law, to the extent it prohibits or regulates the work a person may do, if the person— (i) is less than, or not more than, a stated age; or (ii) is of a particular sex; or (iii) does not have a licence, qualification or registration required under the Act or law to do the work. 115 Application of Work Health and Safety Act 2011 Despite section 113, the Work Health and Safety Act 2011 applies to a vocational placement and for that Act— (a) the student is taken to be a worker of the placement person; and (b) the placement person is taken to be the student’s employer. Page 60 Current as at 30 June 2014

Part 2 Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 2 Vocational placement agreements [s 116] Vocational placement agreements 116 Signing vocational placement agreement (1) Before a student starts a vocational placement, the registered training organisation offering the student’s course must ensure that an agreement ( vocational placement agreement ) in the approved form is signed by each of the following— (a) the organisation; (b) the student; (c) the person who is to provide the placement; (d) if the student is a minor, the student’s parent unless the minor is not in the parent’s care and control. Maximum penalty—80 penalty units. (2) However, the registered training organisation does not contravene subsection (1) if— (a) immediately before the placement starts, there is a signed agreement, in the approved form, in force between the organisation and the placement person under which the person agrees to provide a stated number of placements in a stated period; and (b) before starting the placement, the organisation and the student sign an agreement about the placement in the approved form. (3) The signed agreements mentioned in subsection (2)(a) and (b) for each placement are together taken to be a vocational placement agreement for the placement. (4) A vocational placement agreement is effective from the day the student starts the placement. Current as at 30 June 2014 Page 61

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 2 Vocational placement agreements [s 117] 117 Registration of vocational placement agreement for short placement (1) This section applies if— (a) a registered training organisation obtains recognition for a vocational placement scheme; and (b) a placement under the scheme is to be a short placement. (2) The organisation must, within 7 days after obtaining the recognition, establish a register of each vocational placement agreement for a placement under the scheme. Maximum penalty—70 penalty units. (3) After the parties sign a vocational placement agreement for a short placement, the organisation must immediately register the agreement by entering the particulars prescribed under a regulation in the register. Maximum penalty—70 penalty units. (4) However, the organisation must not register the agreement if it does not conform with the requirements stated in any approved guidelines for a vocational placement. Maximum penalty—70 penalty units. (5) In this section— short placement means a vocational placement for not more than 240 hours in a year. 118 Registration of vocational placement agreement for long placement (1) After the parties sign a vocational placement agreement for a long placement, the registered training organisation must immediately send the signed agreement to the chief executive for registration. Maximum penalty—70 penalty units. (2) The chief executive may refuse to register the agreement only if— Page 62 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 2 Vocational placement agreements [s 119] (a) the placement person under the agreement is a prohibited employer; or (b) the agreement does not conform with the requirements stated in any approved guidelines for a vocational placement. (3) However, the chief executive must refuse to register the agreement if the industrial commission has not made an order under the Industrial Relations Act 1999 , section 140A, fixing remuneration and conditions for the placement. (4) The chief executive must immediately give the organisation signed notice of the chief executive’s decision to register, or refuse to register, the agreement. (5) If the chief executive gives the organisation signed notice of the chief executive’s refusal to register the agreement, the organisation must immediately tell the student and the placement person of the refusal. Maximum penalty—70 penalty units. (6) The agreement ceases to have effect immediately the student and the placement person are advised of the refusal. (7) In this section— long placement means a vocational placement for more than 240 hours in a year. 119 Registered training organisation to be satisfied about facilities A registered training organisation must not enter into a vocational placement agreement unless it is satisfied the proposed placement person can provide, or arrange to provide, to the student the facilities, range of work, supervision and training required under the training plan for the placement. Maximum penalty—80 penalty units. Current as at 30 June 2014 Page 63

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 2 Vocational placement agreements [s 120] 120 Remuneration and other conditions under vocational placement agreements (1) Subsection (2) applies if a student undertakes a course that requires vocational placement, under 1 or more vocational placement agreements, of not more than 240 hours in a year. (2) The student is not entitled to be paid remuneration for the placement. (3) Subsection (4) applies if a student undertakes a course that requires vocational placement, under 1 or more vocational placement agreements, of more than 240 hours in a year. (4) The student is entitled— (a) to be paid the remuneration; and (b) to the benefit of the conditions; ordered by the industrial commission under the Industrial Relations Act 1999 , section 140A for the placement. (5) Training for a student under a vocational placement may be given only in the ordinary working hours of the placement person. 121 Extending vocational placement (1) This section applies if a registered training organisation considers— (a) a student about to undertake, or undertaking, a vocational placement would not be able to complete the training under the placement in the approved time on either of the following grounds— (i) the student has an impairment that impacts adversely on the student’s ability to undertake training; (ii) another ground the organisation considers reasonable in the circumstances; and (b) it is necessary to extend the approved time. Page 64 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 2 Vocational placement agreements [s 122] (2) The organisation may apply in writing to the chief executive to extend the approved time. (3) The chief executive may approve the extension only if reasonably satisfied the student would be able to complete the training under the placement in the extended time. (4) The chief executive must notify the organisation in writing immediately after deciding the application. (5) Section 120(3) and (4) does not apply if an approved time of not more than 240 hours is extended to more than 240 hours. (6) In this section— approved time , means the time for a vocational placement approved by the chief executive when the chief executive approved the vocational placement scheme for the student’s course. impairment , has the meaning given by the Anti-Discrimination Act 1991 , schedule. 122 Amending vocational placement agreement (1) A vocational placement agreement may not be amended. (2) However, subsection (1) does not prevent a registered training organisation from amending a vocational placement agreement to correct a minor or typographical error or omission. (3) If the chief executive has registered the agreement, the organisation must promptly advise the chief executive of the amendment to the agreement. 123 Cancelling vocational placement agreement (1) A student, registered training organisation or placement person under a vocational placement agreement may cancel the agreement at any time by signed notice to the other parties to the agreement. Current as at 30 June 2014 Page 65

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 2 Vocational placement agreements [s 124] (2) The cancellation is effective when the notice is given, unless the person giving the notice agrees to a later time. (3) If the chief executive has registered the agreement, the organisation must promptly advise the chief executive of its cancellation. 124 Workers’ compensation cover A registered training organisation conducting a course requiring a vocational placement must enter into, and keep in force until the course is no longer offered, an insurance contract under the Workers’ Compensation and Rehabilitation Act 2003 , section 22 to cover a student undertaking the placement. Maximum penalty—80 penalty units. 125 Liability insurance (1) This section applies if a registered training organisation conducts a course requiring a vocational placement. (2) The organisation must enter into, and keep in force until the course is no longer offered, an approved insurance policy. Maximum penalty—80 penalty units. (3) In this section— approved insurance policy , for a course requiring a vocational placement, means an insurance policy— (a) indemnifying, to the extent of the policy, each person who is a placement person for a placement under the course against— (i) proceedings for damages brought by— (A) a student undertaking the course for injury to the student, or loss of or damage to the student’s property, arising out of the placement; or Page 66 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 3 Training plans for vocational placements [s 126] (B) another person for injury to the person, or loss of or damage to the person’s property, arising out of the placement; and (ii) loss of, or damage to, the placement person’s property caused by the student in the placement; and (b) indemnifying, to the extent of the policy, the student against proceedings for damages brought by the placement person or the placement person’s employee or agent, or another person for injury to a person, or loss of or damage to property, arising out of the placement; and (c) providing coverage for a single claim or action relating to an injury, loss or damage in an amount not less than $10000000 excluding GST. Part 3 Training plans for vocational placements 126 Training plan for vocational placement (1) There must be a training plan for every vocational placement. (2) A registered training organisation that provides a course requiring a vocational placement must ensure there is a training plan conforming with the requirements of this division for the placement before a student starts the placement. Maximum penalty for subsection (2)—50 penalty units. 127 Negotiating training plan for vocational placement The training to be delivered to a student under a training plan for a vocational placement by the proposed placement person Current as at 30 June 2014 Page 67

Vocational Education, Training and Employment Act 2000 Chapter 4 Vocational placement Part 3 Training plans for vocational placements [s 128] is the training agreed on by the registered training organisation and the proposed placement person. 128 Signing training plan for vocational placement The training plan for a vocational placement must be signed by all the parties. 129 Copies of signed training plan for vocational placement After the training plan is signed by all the parties, the registered training organisation must ensure a copy of the signed plan is given to the student and the placement person before the placement starts. Maximum penalty—50 penalty units. 130 Placement person to deliver training The placement person must deliver to the student being trained under the placement the training stated in the signed training plan for the placement. Maximum penalty—60 penalty units. 131 Automatic cancellation of training plan for vocational placement If a vocational placement agreement is cancelled, the training plan for the placement ends on the same day the agreement ends. 132 Changing training plan for vocational placement The training to be delivered under a signed training plan for a vocational placement may be changed if the student, the registered training organisation and the placement person agree to the change. Page 68 Current as at 30 June 2014

Chapter 6 Vocational Education, Training and Employment Act 2000 Chapter 6 TAFE institutes Part 1 Preliminary [s 191] TAFE institutes Part 1 Preliminary 191 What is a TAFE institute (1) A TAFE institute is an institution operated by the State that provides vocational education and training. (2) A TAFE institute may also provide— (a) adult community education; or (b) post compulsory general education. (3) A TAFE institute may also include colleges or campuses as part of it. 192 Establishing TAFE institutes (1) The Minister may establish— (a) TAFE institutes; or (b) colleges or campuses of TAFE institutes. (2) The Minister may— (a) amalgamate an institute or part of an institute with another institute or part of an institute; or (b) abolish or close an institute or part of an institute. Current as at 30 June 2014 Page 69

Vocational Education, Training and Employment Act 2000 Chapter 6 TAFE institutes Part 2 TAFE institute councils [s 193] Part 2 TAFE institute councils Division 1 TAFE institute councils 193 TAFE institute councils There is a TAFE institute council for each TAFE institute. 194 TAFE institute council’s functions (1) A TAFE institute council has the following functions— (a) to support vocational education and training through the institute; (b) to advise and report on the activities of the institute to— (i) the Minister; and (ii) the institute director; (c) to develop and approve institute directions. (2) The institute council has power to do all things necessary or desirable to be done for the performance of its functions. 195 TAFE institute council subject to Minister’s directions (1) A TAFE institute council is subject to the Minister and must comply with the Minister’s written directions about the performance of its functions. (2) The institute council must disclose directions given to it by the Minister in a financial year in the TAFE institute’s annual report for the financial year. Page 70 Current as at 30 June 2014

Division 2 Vocational Education, Training and Employment Act 2000 Chapter 6 TAFE institutes Part 2 TAFE institute councils [s 196] TAFE institute council membership 196 Composition of TAFE institute council (1) A TAFE institute council consists of— (a) up to 15 persons appointed by the Minister ( appointed members ); and (b) the institute’s director, without further appointment. (2) One appointed member must be a person nominated by the Minister administering the Education (General Provisions) Act 2006 . (3) Other appointed members may be from— (a) any industry that is closely linked to the economic, social and employment environment in which the institute operates; or (b) the local community; or (c) any industrial union of employees; or (d) the staff and students of the institute; or (e) the indigenous community; or (f) those young adults who have current or recent student experience in vocational education and training. 197 TAFE institute council chairperson (1) The Minister is to appoint an appointed member of a TAFE institute council to be the chairperson of the institute council and may appoint another appointed member to be the deputy chairperson of the institute council. (2) The chairperson or deputy chairperson holds office as chairperson or deputy chairperson— (a) for the term decided by the Minister; or Current as at 30 June 2014 Page 71

Vocational Education, Training and Employment Act 2000 Chapter 6 TAFE institutes Part 2 TAFE institute councils [s 198] (b) if the person’s term of office as member ends before the person’s term of office as chairperson or deputy chairperson ends—until the day the person’s term of office as member ends; or (c) if the person’s term of office as member and the person’s term of office as chairperson or deputy chairperson end on the same day—until the day the person’s offices end. (3) A vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office— (a) is removed from office by signed notice from the Minister; or (b) resigns the office by signed notice of resignation given to the Minister. (4) However, a person removed from, or resigning, the office of chairperson or deputy chairperson may continue to be a member of the institute council. 198 Term of appointment of appointed member (1) An appointed member is appointed for a term not longer than 3 years. (2) An appointed member may resign by signed notice of resignation given to the Minister. 199 Conditions of appointment of appointed member (1) An appointed member is to be paid the remuneration and allowances decided by the Minister. (2) An appointed member holds office— (a) on the conditions stated in this Act; and (b) on the other conditions decided by the Minister. Page 72 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 6 TAFE institutes Part 2 TAFE institute councils [s 200] 200 Disqualifications for appointment as appointed member A person is not qualified to be, or continue as, an appointed member if the person— (a) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or (b) is incapable of performing the duties of a member because of physical or mental incapacity; or (c) is convicted of an indictable offence, whether on indictment or summarily. 201 Vacating office The office of an appointed member becomes vacant if the member— (a) resigns office by signed notice of resignation given to the Minister; or (b) is absent without the TAFE institute council’s permission from 3 consecutive institute council meetings of which proper notice has been given; or (c) is no longer qualified to be an appointed member; or (d) is removed from office by signed notice from the Minister. Division 3 TAFE institute council meetings 202 Times and places of TAFE institute council meetings (1) A TAFE institute council meeting is to be held at the times and places the institute council decides. (2) However, the chairperson may call an institute council meeting at any time. Current as at 30 June 2014 Page 73

Vocational Education, Training and Employment Act 2000 Chapter 6 TAFE institutes Part 2 TAFE institute councils [s 203] (3) The Minister may also call an institute council meeting at any time. 203 Presiding at TAFE institute council meetings (1) The chairperson is to preside at all TAFE institute council meetings at which the chairperson is present. (2) If the chairperson is absent, the deputy chairperson, if present, is to preside. (3) If the chairperson and the deputy chairperson are absent, the member chosen by the members present is to preside. 204 Voting at TAFE institute council meetings (1) At TAFE institute council meetings, all questions are to be decided by a majority of votes of the members present. (2) If a member abstains from voting, the member is taken to vote for the negative. (3) The chairperson or member presiding at a meeting is to have a vote, and if the votes are equal, a second or casting vote. 205 Quorum for TAFE institute council meeting A quorum for a TAFE institute council meeting is the number equal to one-half of the number of the members on the institute council or, if one-half is not a whole number, the next highest whole number. 206 Conduct of TAFE institute council meetings (1) A TAFE institute council may conduct its meetings as it considers appropriate. (2) The institute council may hold meetings, or permit members to take part in meetings, by telephone, closed-circuit television or another form of communication allowing Page 74 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 6 TAFE institutes Part 2 TAFE institute councils [s 207] reasonably contemporaneous and continuous communication between members taking part in the meeting. (3) A member who participates in an institute council meeting under a permission under subsection (2) is taken to be present at the meeting. (4) A resolution is a valid resolution of the institute council, even though it is not passed at a meeting of the institute council, if— (a) notice of the resolution is given to the institute council members under procedures approved by the institute council; and (b) the number of members required for a quorum agree in writing to the resolution. 207 TAFE institute council minutes A TAFE institute council must keep a record of the minutes of its meetings and its decisions. Division 4 Other provisions 208 How TAFE institute council signs documents A document required to be signed by a TAFE institute council may be signed by— (a) the institute council’s chairperson; or (b) if the chairperson is absent or is otherwise unable to sign the document and a deputy chairperson has been appointed—the deputy chairperson; or (c) otherwise—the person authorised in writing by the chairperson. Current as at 30 June 2014 Page 75

Vocational Education, Training and Employment Act 2000 Chapter 6 TAFE institutes Part 4 Chief executive to administer TAFE institutes [s 209] 209 Prohibition on certain activities To remove doubt, it is declared that despite any other provision of this Act, a TAFE institute or a TAFE institute council may not— (a) alter an institute building, other than in a minor way; or (b) extend an institute building; or (c) build or buy a building for use by the institute; or (d) sell institute land or an institute building. 210 TAFE institute director to help TAFE institute council A TAFE institute director is to give the TAFE institute council reasonable help to perform its functions. 211 Report on TAFE institute council’s operations (1) A TAFE institute council must prepare and give to the Minister, within 4 months after the end of each financial year, a report on its operations during the financial year. (2) If the Minister has given the institute council a signed direction under section 195 in the year, the report must include a copy of the direction. Part 4 Chief executive to administer TAFE institutes 217 Chief executive’s functions for TAFE institutes (1) The chief executive has the following functions for TAFE institutes— (a) to ensure the provision of vocational education and training services; Page 76 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 6 TAFE institutes Part 4 Chief executive to administer TAFE institutes [s 217] (b) to produce and sell vocational education and training products and services or other products and services connected with TAFE institutes; (c) to prepare, publish, distribute or license the use of literary or artistic work, audio or audiovisual material, or computer software; (d) to exploit commercially— (i) TAFE institute resources, including any study, research or knowledge; or (ii) the practical application of any study, research or knowledge; (e) to undertake research and development related to a function of the chief executive; (f) to improve the participation of young people in vocational education and training by attracting young people to, and supporting young people in, vocational education and training resulting in a qualification or statement of attainment; (g) to ensure rural, remote and indigenous communities are given support, advice or other help in developing services in those communities that facilitate better access to education and training for young people in those communities; (h) to participate in the development of whole-of-community planning in relation to young people in the compulsory participation phase. (2) Without limiting subsection (1)(a), the reference in that provision to vocational education and training services includes a reference to vocational education and training services for young people in the compulsory participation phase. Current as at 30 June 2014 Page 77

Vocational Education, Training and Employment Act 2000 Chapter 7 Group training organisations [s 221] Chapter 7 Group training organisations 221 Recognition of group training organisation (1) The chief executive may, by signed notice to a corporation that employs apprentices or trainees for placing under a hosting arrangement, recognise the corporation as a group training organisation. (2) However, the chief executive may recognise a corporation as a group training organisation only if the corporation conforms with the requirements of the approved guidelines for a group training organisation. 222 Function of group training organisation The main function of a group training organisation is, by agreement between the organisation and an entity, to arrange for the entity to train under a training plan, an apprentice or trainee employed by the organisation. 223 Withdrawal of recognition (1) The chief executive may withdraw the recognition of a corporation as a group training organisation by fair procedures prescribed under a regulation. (2) If the chief executive withdraws the recognition of a corporation as a group training organisation, the chief executive must promptly give the corporation an information notice. Page 78 Current as at 30 June 2014

Chapter 7A Vocational Education, Training and Employment Act 2000 Chapter 7A Principal employer organisations [s 223A] Principal employer organisations 223A Recognition of principal employer organisation (1) The chief executive may, by signed notice to an entity, recognise the entity as a principal employer organisation. (2) However, the chief executive may recognise an entity as a principal employer organisation only if the entity conforms with the requirements of the approved guidelines for a principal employer organisation. (3) In this section— entity means an entity that— (a) employs, or intends to employ, 25 or more apprentices or trainees for placing under a hosting arrangement; and (b) is not recognised under section 221 as a group training organisation. 223B Function of principal employer organisation A function of a principal employer organisation is, by agreement between the organisation and another entity, to arrange for the other entity to train, under a training plan, an apprentice or trainee employed by the organisation. 223C Withdrawal of recognition (1) The chief executive may withdraw the recognition of an entity as a principal employer organisation by fair procedures prescribed under a regulation. (2) If the chief executive withdraws the recognition of an entity as a principal employer organisation, the chief executive must promptly give the entity an information notice. Current as at 30 June 2014 Page 79

Vocational Education, Training and Employment Act 2000 Chapter 8 Reviews and appeals Part 1 Training recognition decisions and employment exemption decisions [s 224] Chapter 8 Reviews and appeals Part 1 Training recognition decisions and employment exemption decisions 224 Review by QCAT (1) A person aggrieved by any of the following decisions may apply to QCAT for a review of the decision— (c) a decision about the recognition of a group training organisation or principal employer organisation; (d) a decision about an employment exemption for a young person in the compulsory participation phase. (2) The application must be made as provided under the QCAT Act. Part 2 Decisions relating to apprentices and trainees Division 1 Appeals to industrial commission 230 Appeal to industrial commission against particular decisions of chief executive (1) A person aggrieved by any of the following decisions of the chief executive may appeal to the industrial commission— (a) a refusal to register a training contract under section 54; (b) a refusal to approve an amendment or assignment of a registered training contract under section 57; Page 80 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 8 Reviews and appeals Part 2 Decisions relating to apprentices and trainees [s 231] (c) a cancellation of, or refusal to cancel, a registered training contract under section 63, 64 or 66; (d) a confirmation of, or refusal to confirm, the suspension of an apprentice or trainee under section 64; (e) an order under section 65(4) or (5); (f) an order, or refusal to make an order, under section 71; (g) a cancellation, or refusal to cancel, a completion certificate under section 76; (h) a refusal to extend the nominal term of a registered training contract under section 77; (i) a declaration, variation of a declaration, or refusal to vary a declaration, of a prohibited employer under section 83 or 84; (j) an approval, or refusal to approve, the temporary stand down of an apprentice or trainee under section 86. (2) A parent of an apprentice or trainee can not be a person aggrieved for any of the decisions mentioned in subsection (1). (3) The appeal must be started, as required under the rules made under the Industrial Relations Act 1999 , within 21 days after the aggrieved person is given an information notice for the decision being appealed. (4) However, the commission may extend the time for starting an appeal. 231 Stay of decision being appealed The industrial commission may order that the decision being appealed be wholly or partly stayed pending— (a) the determination of the appeal; or (b) a further order of the commission. Current as at 30 June 2014 Page 81

Vocational Education, Training and Employment Act 2000 Chapter 8 Reviews and appeals Part 2 Decisions relating to apprentices and trainees [s 232] 232 Nature of appeal (1) An appeal to the industrial commission is by way of rehearing on the record. (2) However, the commission may hear evidence afresh, or hear additional evidence, if the commission considers it appropriate to effectively dispose of the appeal. 233 Decision on appeal (1) The industrial commission must deal with an appeal as quickly as possible. (2) The commission may— (a) dismiss the appeal; or (b) allow the appeal, set aside the decision being appealed and substitute another decision; or (c) allow the appeal and amend the decision; or (d) allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the person who made the decision to act according to law. (3) Subject to section 244, the commission’s decision— (a) is final and conclusive; and (b) can not be impeached for informality or want of form. 234 Exclusive jurisdiction (1) The industrial commission’s jurisdiction is exclusive of any court’s jurisdiction and an injunction or prerogative order can not be issued, granted or made in relation to proceedings in the commission that are within the commission’s jurisdiction. (2) Subsection (1) is subject to section 244. Page 82 Current as at 30 June 2014

Division 2 Vocational Education, Training and Employment Act 2000 Chapter 8 Reviews and appeals Part 2 Decisions relating to apprentices and trainees [s 235] Industrial commission’s orders 235 Application of div 2 This division applies if— (a) an appeal to the industrial commission is about the cancellation of a registered training contract; and (b) the commission decides the employer or the apprentice or trainee has purported to cancel the contract other than in a way allowed under this Act. 236 Order to resume training (1) The industrial commission may order— (a) the employer to resume training the apprentice or trainee; or (b) the apprentice or trainee to resume training. (2) If the commission makes an order under subsection (1), the commission may— (a) make an order it considers necessary to maintain the continuity of the training; or (b) order the employer to pay to the apprentice or trainee the remuneration lost, or likely to have been lost, by the apprentice or trainee because of the purported cancellation; or (c) order the apprentice or trainee to repay an amount paid to the apprentice or trainee by or for the employer on the purported cancellation. 237 Order cancelling contract If the industrial commission considers it would be inappropriate in the circumstances for training to continue, the commission may order— Current as at 30 June 2014 Page 83

Vocational Education, Training and Employment Act 2000 Chapter 8 Reviews and appeals Part 2 Decisions relating to apprentices and trainees [s 238] (a) the contract be cancelled; and (b) the employer pay to the apprentice or trainee the compensation decided by the commission if the commission is satisfied the payment of compensation is reasonable in all the circumstances. 238 Limit of compensation The industrial commission must not award an amount under section 237 that is more than the amount that could be awarded if the compensation were payable under the Industrial Relations Act 1999 , section 79. 239 Account of amounts paid to apprentice or trainee In deciding remuneration payable under section 236(2)(b) or compensation payable under section 237, the industrial commission may take into account an amount paid to the apprentice or trainee by the employer on the purported cancellation. 240 Payment of additional amount If satisfied the employer has purported to cancel the contract other than in a way allowed under this Act, the industrial commission may, in addition to amounts ordered to be paid under section 236(2)(b) or 237, order the employer to pay the apprentice or trainee an amount of not more than the monetary value of 135 penalty units. 241 Instalments The industrial commission may allow an amount ordered to be paid under this division to be paid in the instalments decided by the commission. Page 84 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 8 Reviews and appeals Part 2 Decisions relating to apprentices and trainees [s 242] 242 Contravening orders (1) A person must not contravene an industrial commission order made under this division. Maximum penalty—40 penalty units. (2) If the employer wilfully contravenes an order to continue training made under section 236, the industrial commission may— (a) further order the employer to pay to the apprentice or trainee— (i) an amount of not more than the monetary value of 50 penalty units; and (ii) an amount as remuneration for lost wages; or (b) make a further order the commission considers necessary about the continuity of training. Division 3 Other provisions 243 Recovery of amounts under orders (1) If the industrial commission orders, under division 2, an amount be paid (as a penalty or otherwise), the registrar may issue a certificate, under the commission’s seal, stating— (a) the amount payable; and (b) who is to pay the amount; and (c) to whom the amount is payable; and (d) any conditions about payment. (2) The amount may be recovered in proceedings as for a debt. (3) When the certificate is filed in a court having jurisdiction for the recovery of the amount in an action for a debt, the order evidenced by the certificate is enforceable as if it were an order made by the court where the certificate is filed. Current as at 30 June 2014 Page 85

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 244] (4) This section does not limit other ways in which amounts may be recovered on an order of the commission. 244 Appeal to Industrial Court on question of law (1) A party to an appeal to the industrial commission may appeal against the commission’s decision to the Industrial Court on a question of law only. (2) The Industrial Relations Act 1999 applies, with any necessary changes, to a proceeding on appeal before the Industrial Court brought under subsection (1). Chapter 9 General Part 1 Administration Division 1 Chief executive’s functions and powers Subdivision 1 Functions and powers generally 245 Chief executive’s powers (1) The chief executive has, under the Minister and as agent of the State, all the powers of the State that are necessary or desirable for performing the chief executive’s functions. (2) Anything the chief executive does in the name of, or for, the State in performing the chief executive’s functions is taken to be done for, and binds, the State. (3) Without limiting subsection (1), the chief executive may, for example, in performing the chief executive’s functions— Page 86 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 245] (a) enter into arrangements, agreements, contracts and deeds; and (b) acquire, hold, deal with, and dispose of property; and (c) appoint agents and attorneys; and (d) form or establish, or participate in forming or establishing, an association, corporation, trust or other arrangement for a purpose calculated to further in any way the objects of this Act; and (e) compound, or prove in a court having jurisdiction for the recovery of the amount claimed, all debts or amounts owing to the State; and (f) accept gifts, including testamentary gifts and grants and create and administer trust funds; and (g) charge, and fix terms, for goods, services, facilities and information supplied; and (h) seal a document; and (i) make directions for the performance of a function in relation to a TAFE institute; and (j) do other things necessary or desirable to be done in connection with the functions. (4) Without limiting subsection (1), the chief executive has the powers given to the chief executive under this or another Act or at common law. (5) However, the chief executive’s powers are subject to any restriction expressly imposed on the chief executive under this or another Act. (6) In this section— law includes a common law rule. restriction includes prohibition. Current as at 30 June 2014 Page 87

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 245A] 245A Guidelines (1) The chief executive may make guidelines for the performance of a function of the chief executive under this Act. (2) The chief executive must— (a) publish the guidelines on the department’s website; and Editor’s note— The department’s website is <www.dete.qld.gov.au>. (b) keep a copy of the guidelines available for inspection, free of charge, at an office of the department during ordinary office hours on business days. (3) A guideline takes effect— (a) on the day it is published on the department’s website; or (b) if a later day is stated in the guideline—on the later day. (4) If the chief executive makes a guideline for performing a function, the chief executive must have regard to the guideline in performing the function. 246 Delegations (1) The chief executive may delegate the chief executive’s functions and powers to an appropriately qualified person. (2) A person delegated a function or power may subdelegate it only— (a) if the delegation permits the subdelegation; and (b) to an appropriately qualified person. 247 Committees The chief executive may establish committees to help the chief executive to perform the chief executive’s functions. Page 88 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 248] 248 Membership of other bodies (1) The chief executive— (a) may become and be a member or manager of an entity that— (i) has among its objects— (A) a declared object; or (B) the conduct of research relevant to a declared object; or (ii) the chief executive personally considers, is engaged in furthering a declared object; and (b) may enter into agreements with an entity for a declared object. (2) The chief executive may be a member or manager of an entity only if its governing body agrees. (3) The chief executive may be a member of the governing body of an entity of which the chief executive is a member or manager. (4) In this section— chief executive includes the chief executive’s nominee. declared object means— (a) vocational education and training; or (b) adult and community education; or (c) post compulsory general education. 249 Returns to be given as required (1) A corporation in whose formation the chief executive has participated, and an entity of which the chief executive is a member or manager, must give to the Minister reports, returns and information about its affairs as required by the Minister. (2) In this section— Current as at 30 June 2014 Page 89

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 250] chief executive includes the chief executive’s nominee. 250 Use of facilities and staff The chief executive may contract, or enter into an arrangement, with an entity for the use by the entity of the facilities and staff available to the chief executive. Subdivision 2 Recognition certificates 250A Recognition of work or training (1) A person who has worked, or undertaken training, in a calling may apply to the chief executive to have the person’s skills and knowledge in the calling recognised. (2) If the chief executive is satisfied the person has necessary skills and knowledge in the calling, the chief executive may issue the person with a certificate (a recognition certificate ). (3) To remove doubt, it is declared that a recognition certificate is not a qualification or a statement of attainment. (4) The chief executive may cancel a recognition certificate by fair procedures prescribed under a regulation if the recognition certificate was issued— (a) in error; or (b) because of a document or representation that— (i) is false or misleading; or (ii) was obtained or made in another improper way. (5) If the recognition certificate is cancelled, the person to whom it was issued must return it to the chief executive within 7 days after the chief executive gives notice of the cancellation to the person, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—40 penalty units. Page 90 Current as at 30 June 2014

Subdivision 3 Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 250B] Deciding employment exemptions 250B Application for employment exemption (1) A young person in the compulsory participation phase or a parent of the young person may apply to the chief executive for an employment exemption for the young person. (2) The application must be in the approved form. (3) The applicant must give any information required by the chief executive to decide the application. 250C Decision about employment exemption (1) On an application for an employment exemption, the chief executive may grant the employment exemption for the young person, or refuse to do so. (2) If the chief executive decides to grant the application, the chief executive must immediately give the applicant a notice of the decision (an exemption notice ). (3) If the chief executive decides to refuse the application, the chief executive must immediately give the applicant a notice of the decision (an information notice ). (4) An information notice must state the following— (a) the decision; (b) the reasons for the decision; (c) the day the decision has effect; (d) that the young person or parent of the young person may apply, as provided under the QCAT Act, to QCAT for a review of the decision; (e) how to apply for a review; (f) any right the young person or parent of the young person has to have the operation of the decision stayed. Current as at 30 June 2014 Page 91

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 250D] 250D Amending or cancelling employment exemption (1) The chief executive may amend or cancel the employment exemption for a young person— (a) on application by the young person or a parent of the young person; or (b) on the chief executive’s own initiative. (2) The application must be in the approved form. (3) If the chief executive decides to amend the employment exemption— (a) the chief executive must immediately give a notice of the decision (an exemption notice )— (i) if the decision is made on application—to the applicant and an interested person; or (ii) otherwise—to the young person and a parent of the young person; and (b) the amended employment exemption replaces any earlier employment exemption for the young person. (4) If the chief executive decides to cancel the employment exemption, the chief executive must immediately give a notice of the decision (an information notice )— (a) if the decision is made on application—to the applicant and an interested person; or (b) otherwise—to the young person and a parent of the young person. (5) An exemption notice or information notice given under this section must include appropriate information about the following— (a) the decision; (b) the reasons for the decision; (c) the day the decision has effect; Page 92 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 250E] (d) that the young person or parent of the young person may apply, as provided under the QCAT Act, to QCAT for a review of the decision; (e) how to apply for a review; (f) any right the young person or parent of the young person has to have the operation of the decision stayed. (6) In this section— interested person means— (a) if the applicant is the young person—a parent of the young person; or (b) if the applicant is a parent of the young person—the young person. Subdivision 4 Recognising non-departmental employment skills development programs 250E Chief executive may recognise program (1) The chief executive may recognise a non-departmental employment skills development program for the purposes of the Education (General Provisions) Act 2006 , section 240(3). (2) The chief executive may withdraw a recognition by fair procedures prescribed under a regulation. (3) In this section— non-departmental employment skills development program means an employment skills development program other than a departmental employment skills development program. Current as at 30 June 2014 Page 93

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 250F] 250F Chief executive must maintain register The chief executive must maintain a register of non-departmental employment skills development programs recognised under section 250E. Editor’s note — The register is available for inspection during office hours at Level 4, Education House, 30 Mary Street, Brisbane or on the department’s website <www.training.qld.gov.au/training-organisations/education- reforms/employment-skills.html>. Division 2 Trusts 251 Definitions for div 2 In this division— approved arrangement means an arrangement— (a) approved by the Minister under section 252(4); and (b) notified by gazette notice under section 252(5). trust property see section 252(1). 252 Variation of trust purposes (1) This section applies if— (a) property ( trust property ) is held by or for the State, at the commencement of this section or at a later time, on terms requiring the property or income from the property to be applied to a purpose (the original purpose ) intended to further in any way the objects of this Act; and (b) 1 or more of the following happen— (i) the original purpose is carried out; (ii) the original purpose ceases to exist; Page 94 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 253] (iii) the original purpose is adequately provided for otherwise; (iv) the original purpose is uncertain or insufficiently defined or can not be identified; (v) it is or becomes impossible, impracticable or inexpedient to carry out the original purpose; (vi) the property or income from the property is not enough to carry out the original purpose. (2) The chief executive may propose an arrangement to apply the trust property or a part of it or the income from the property to a purpose stated in the proposal. (3) The chief executive must submit the proposed arrangement in writing to the Minister. (4) The proposed arrangement has no effect unless it is approved by the Minister. (5) If the Minister approves the proposed arrangement, the approval must be notified by gazette notice. (6) The approval is effective from the publication of the notice or a later day stated in the notice. (7) Despite the original purpose for which the trust property was held immediately before the proposed arrangement becomes effective, when the approved arrangement becomes effective the trust property or income from it is to be applied to the purpose stated in the approved arrangement. (8) However, the chief executive may not propose an arrangement under subsection (2) for trust property if the trust instrument under which the property is held on trust states the way the property is to be dealt with if something mentioned in subsection (1)(b) happens. 253 Variation of approved arrangement (1) The chief executive may propose a variation of an approved arrangement. Current as at 30 June 2014 Page 95

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 254] (2) The chief executive must submit the proposed variation in writing to the Minister. (3) The proposed variation has no effect unless it is approved by the Minister. (4) If the Minister approves the proposed variation— (a) the variation must be notified by gazette notice; and (b) the approved arrangement as varied, is taken to be the approved arrangement for the trust property, or the part of the property to which it relates, on publication of the notice or a later day stated in the notice. 254 Requirements about purposes for arrangements (1) This section applies if the chief executive proposes— (a) an arrangement under section 252(2); or (b) a variation of an approved arrangement under section 253(1) and the proposal is to change the purpose of the approved arrangement. (2) The chief executive must— (a) choose a purpose that, in the chief executive’s opinion, is as similar as possible to the purpose for which the trust property is held by or for the State immediately before— (i) the proposal of the arrangement; or (ii) the variation of the approved arrangement; and (b) in choosing the purpose, have regard to— (i) its usefulness; and (ii) how easily it can be achieved. (3) If the chief executive might have chosen another purpose for the arrangement or variation, other than the chosen purpose, it is not a sufficient ground for a court— Page 96 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 1 Administration [s 255] (a) to declare the chief executive’s chosen purpose invalid or defective; or (b) to stop the chief executive’s chosen purpose from being carried out. 255 Recording arrangements and variations in land register (1) This section applies if trust property to which an approved arrangement, or a variation of an approved arrangement, relates consists wholly or partly of land. (2) The chief executive must notify the registrar of titles or other person (each a recorder ) charged by law with recording dealings for the land of the approved arrangement or variation of an approved arrangement within 1 month after the approval of the arrangement or variation takes effect. (3) On receiving the notification and any other particulars about the land, arrangement or variation the recorder requires, the recorder must make, in the appropriate register, the entries necessary to record the existence of the approved arrangement or variation. 256 Rights and jurisdiction in equity not affected Other than as provided in this division, this division does not affect— (a) rights, entitlements and obligations conferred or imposed by law for property held on trust; or (b) the jurisdiction of a court to enforce, or declare about, trusts. Current as at 30 June 2014 Page 97

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 257] Part 2 Enforcement Division 1 Inspectors 257 Appointment (1) The chief executive may appoint a public service officer or a person prescribed under a regulation as an inspector. (2) The chief executive may appoint an officer or a person as an inspector only if, in the chief executive’s opinion, the officer or person has the necessary expertise or experience to be an inspector. 258 Limitation of inspector’s powers The powers of an inspector may be limited— (a) under a regulation; or (b) under a condition of appointment; or (c) by signed notice of the chief executive given to the inspector. 259 Inspector’s appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. (2) An inspector ceases holding office— (a) if the appointment provides for a term of appointment—at the end of the term; or (b) if the appointment conditions provide—on ceasing to hold another office stated in the appointment conditions (the main office ). (3) An inspector may resign by signed notice of resignation given to the chief executive. Page 98 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 260] (4) However, an inspector may not resign from the office as inspector under this Act (the secondary office ) if a condition of appointment to the main office requires the inspector to hold the secondary office. 260 Inspector’s identity card (1) The chief executive must give each inspector an identity card. (2) The identity card must— (a) contain a recent photograph of the inspector; and (b) be in a form approved by the chief executive; and (c) be signed by the inspector; and (d) identify the person as an inspector under this Act. (3) A person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it. Maximum penalty—40 penalty units. (4) This section does not prevent the giving of a single identity card to a person for this and other Acts or for other purposes. 261 Production or display of inspector’s identity card (1) An inspector may exercise a power under this Act in relation to a person only if the inspector— (a) first produces the inspector’s identity card for inspection by the person; or (b) has the inspector’s identity card displayed so that it is clearly visible to the person. (2) However, if, for any reason, it is not practicable to comply with subsection (1), the inspector must produce the identity card for inspection by the person at the first reasonable opportunity. Current as at 30 June 2014 Page 99

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 262] Division 2 Powers of inspectors Subdivision 1 Entry of places 262 Power to enter places (1) An inspector may enter a place if— (a) its occupier consents to the entry; or (b) it is a public place and the entry is made when it is open to the public; or (c) it is a place where a registered training organisation carries on business and the entry is made when the place is open for the conduct of business or otherwise open for entry; or (d) the entry is authorised by a warrant; or (e) the place is a place where the inspector reasonably believes— (i) a registered training organisation or an employer is— (A) training an apprentice or trainee under a registered training contract or a student under a vocational placement agreement; or (B) providing vocational education and training to a student for the issue of a qualification or statement of attainment; or (C) assessing a person’s skills and knowledge for the issue of a qualification or statement of attainment; or (ii) a delegate of the chief executive, other than an officer of the department, is exercising a power delegated to the delegate by the chief executive; Page 100 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 263] and the entry is made when the place is open for work or the conduct of business or otherwise open for entry. (2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (3) For subsection (1)(c) and (e), the place does not include part of the place where a person resides. Subdivision 2 Procedure for entry 263 Entry with consent (1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 262(1)(a). (2) Before asking for the consent, the inspector must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent. (4) The acknowledgement must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and Current as at 30 June 2014 Page 101

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 264] (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and (d) the time and date the consent was given. (5) If the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier. (6) A court must find the occupier of a place did not consent to an inspector entering the place under this part if— (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 262(1)(a); and (b) an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. 264 Application for warrant (1) An inspector may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration. 265 Issue of warrant (1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— Page 102 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 266] (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (b) the evidence is at the place or, within the next 72 hours, may be at the place. (2) The warrant must state— (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this part; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 7 days after the warrant’s issue, the warrant ends. 266 Warrants—procedure before entry (1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant. (2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the inspector’s notice of appointment or other document evidencing the appointment; (b) give the person a copy of the warrant; (c) tell the person the inspector is permitted by the warrant to enter the place; Current as at 30 June 2014 Page 103

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 267] (d) give the person an opportunity to allow the inspector immediate entry to the place without using force. (3) However, the inspector need not comply with subsection (2) if the inspector reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Subdivision 3 Powers after entry 267 General powers after entering places (1) This section applies to an inspector who enters a place. (2) However, if an inspector— (a) enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given; or (b) enters a place under a warrant, this section applies subject to the warrant. (3) For monitoring or enforcing compliance with this Act, the inspector may— (a) search any part of the place; or (b) inspect a document in or on the place; or (c) take extracts from, or make copies of, a document in or on the place; or (d) take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this Act; or (e) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (d); or (f) require the occupier of the place, or a person at the place, to give the inspector information to help the Page 104 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 268] inspector ascertain whether this Act is being complied with. (4) When making a requirement mentioned in subsection (3)(e) or (f), the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 268 Failure to help inspector or give inspector information (1) A person required to give reasonable help under section 267(3)(e) or information under section 267(3)(f), must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (2) If the requirement is to be complied with by the person giving information, or producing a document, other than a document required to be kept by the person under this Act, it is a reasonable excuse for the person to fail to comply with the requirement if complying with it might tend to incriminate the person. Subdivision 4 Power to seize evidence 269 Power to seize evidence from places (1) An inspector who enters a place under section 262(1)(e) may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act. (2) An inspector who enters a place under this division under a warrant may seize the evidence for which the warrant was issued. (3) An inspector who enters a place under this division under a warrant, or enters a place with the occupier’s consent, may seize a thing if the inspector reasonably believes— Current as at 30 June 2014 Page 105

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 270] (a) the thing is evidence of the commission of an offence against this Act; and (b) the seizure is necessary to prevent— (i) the thing’s concealment, loss or destruction; or (ii) the thing’s use in committing, continuing or repeating the offence. 270 Receipts for seized things (1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way. (3) The receipt must describe generally each thing seized and its condition. 271 Inspector to allow inspection etc. Until a seized thing is returned or otherwise finally dealt with under this Act, an inspector must allow a person who would be entitled to possession of it, if it had not been seized— (a) to inspect it free of charge; or (b) if it is a document, to obtain a copy of it free of charge. 272 Obligation to return seized things (1) This section applies if a thing is seized under this Act. (2) The chief executive must return the seized thing to its owner at the end of— (a) 6 months; or Page 106 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 2 Enforcement [s 273] (b) if a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution. (3) Despite subsection (2), the chief executive must return the seized thing to its owner immediately if the chief executive stops being satisfied its retention as evidence is necessary. Subdivision 5 Power to obtain information 273 Power to require production of documents (1) An inspector may require a person to make available for inspection by an inspector, or produce to an inspector for inspection, at a reasonable time and place nominated by the inspector— (a) a document issued to the person under this Act; or (b) a document required to be kept by the person under this Act. (2) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. Subdivision 6 General enforcement matters 274 Obstructing etc. an inspector A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. 275 Pretending to be an inspector A person must not pretend to be an inspector. Current as at 30 June 2014 Page 107

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 3 Other provisions [s 276] Maximum penalty—40 penalty units. 276 Compensation (1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this part. (2) Payment of compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court having jurisdiction for the recovery of the amount of compensation claimed; or (b) an offence against this Act brought against the person claiming compensation. (3) A court may order the payment of compensation for the loss or expense only if satisfied that it is just to make the order in the circumstances of the particular case. Part 3 Other provisions Division 1 Offences 277 False or misleading statements to official (1) A person must not state anything to an official the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. (2) In this section— official means the chief executive or an inspector. Page 108 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 3 Other provisions [s 278] 278 False or misleading documents to official (1) A person must not give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply to a person who when giving the document— (a) tells the official, to the best of the person’s ability, how it is false or misleading; and (b) if the person has, or can get, the correct information, gives the correct information to the official. (3) In this section— official has the meaning given by section 277. 279 Offences about false or misleading statements or documents (1) For an offence against a prescribed provision, it is enough to allege that the relevant statement or document was ‘false or misleading’ without specifying which. (2) In this section— prescribed provision means section 55, 72(4), 73(6), 102, 277(1) or 278(1). Division 2 General accountability provisions 281 Responsibility for acts or omissions of representatives (1) This section applies in a proceeding for an offence against this Act. (2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— Current as at 30 June 2014 Page 109

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 3 Other provisions [s 282] (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves— (a) if the person was in a position to influence the conduct of the representative in relation to the act or omission, the person took reasonable steps to prevent the act or omission; or (b) the person was not in a position to influence the conduct of the representative in relation to the act or omission. (4) In this section— representative means— (a) for a corporation—an executive officer, employee or agent of the corporation; or (b) for an individual—an employee or agent of the individual. 282 Disclosure of interests by member of disclosure body (1) This section applies if a member of a disclosure body has a direct or indirect interest in a matter being considered, or about to be considered, by the body. (2) The member must disclose the nature of the interest to a meeting of the body as soon as practicable after the relevant facts come to the member’s knowledge. Maximum penalty—50 penalty units. (3) The disclosure must be recorded in the minutes of the meeting of the body. Page 110 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 3 Other provisions [s 283] (4) In this section— disclosure body means any of the following— (a) a TAFE institute council; (b) a committee established by a TAFE institute council; (c) a committee established by the chief executive. 283 Voting etc. by interested member of disclosure body (1) If a member of a disclosure body has a material personal interest in a matter being considered by the body, the member must not— (a) vote on the matter; or (b) vote on a proposed resolution (a related resolution ) under subsection (2)(a) in relation to the matter (whether in relation to the member or another member); or (c) be present while the matter, or a related resolution, is being considered by the body; or (d) otherwise take part in any decision of the body in relation to the matter or a related resolution. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply to the matter if— (a) the body has passed a resolution that— (i) states the member, the interest and the matter; and (ii) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter; or (b) if a quorum of the body can not be formed because of subsection (1)—the Minister has given a written direction to that effect for the matter. (3) In this section— Current as at 30 June 2014 Page 111

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 3 Other provisions [s 284] disclosure body has the meaning given by section 282. 284 Other disclosure of interests (1) This section applies if a person, other than a public service employee, has a direct or indirect interest in a matter that appears likely to conflict, or appears capable of conflicting, with the exercise of the person’s powers or the performance of the person’s functions under this Act. (2) The person must disclose the interest to the chief executive. Maximum penalty—50 penalty units. (3) The Minister or chief executive may, by signed notice, direct the person to take the reasonable action stated in the notice to resolve the conflict. (4) The person must not contravene the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (4)—40 penalty units. 285 Duty to act honestly (1) This section applies if a person exercises a power or performs a function under this Act. (2) In exercising the power or performing the function, the person must act honestly. Maximum penalty—50 penalty units. (3) The person must not use any information acquired in exercising the power or performing the function to, directly or indirectly— (a) gain a benefit for the person or someone else; or (b) cause a detriment to someone else. Maximum penalty for subsection (3)—50 penalty units. Page 112 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 3 Other provisions [s 286] 286 Protection of confidentiality (1) This section applies if a person exercises a power or performs a function under this Act. (2) The person must not disclose to anyone else information that comes to the person’s knowledge in exercising the power or performing the function or because of an opportunity provided by the exercise of the power or performance of the function. Maximum penalty—50 penalty units. (3) However, a person does not contravene subsection (2) if the person discloses information— (a) under this Act; or (b) with the authorisation of the chief executive; or (c) required to be disclosed under a matter before the chief executive; or (d) ordered by a court, commission or tribunal constituted by law to be disclosed under proceedings before it; or (e) otherwise required by law to be disclosed. Division 3 Procedural and evidentiary provisions 287 Summary proceedings for offences (1) A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 . (2) A proceeding for an offence under this Act must be commenced— (a) within 1 year after the offence was committed; or (b) within 6 months after the offence comes to the complainant’s knowledge, but within 18 months after the offence was committed. Current as at 30 June 2014 Page 113

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 3 Other provisions [s 288] 288 Representation of parties (1) A party to a proceeding for an offence against this Act may be represented in the proceedings by an agent appointed in writing or a lawyer. (2) However, a party who is represented by an agent or lawyer can not be awarded costs of the representation. 289 Evidentiary provisions (1) This section applies to a proceeding under this Act. (2) It is not necessary to prove the appointment of the chief executive or an inspector, or the authority of the chief executive or an inspector to do anything under this Act, unless a party, by reasonable notice of at least 7 days, requires proof of the appointment or authority. (3) A signature on a document purporting to be that of the chief executive, an inspector, or an owner or executive officer of a registered training organisation is evidence of the signature it purports to be. (4) An entry in a register kept under this Act, or a copy or extract from a register kept under this Act, certified to be a true copy or extract by the chief executive is evidence of the matters contained in the register. (5) A certificate signed by the chief executive or an inspector and stating any of the following matters is evidence of the matter— (a) on a stated day, or during a stated time, a stated person was, or was not, a party to a registered training contract or a registered vocational placement agreement; (b) on a stated day, or during a stated time, a stated training organisation was, or was not, a registered training organisation. (6) A registered training contract or vocational placement agreement is evidence of the things stated in it. Page 114 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 9 General Part 3 Other provisions [s 290] (7) A document apparently published by or for the Minister or the chief executive, is evidence that the document and the things stated in it are authorised by the Minister or the chief executive. (8) A copy signature on a document purporting to be a facsimile of the signature of a person ( signatory ) who is, or was, the chief executive or an inspector is evidence— (a) of the signature of the person who is, or was, the signatory; and (b) the signature was placed on the document by or with the authority of the person who is, or was, the signatory. Division 4 Other provisions 290 Protection from liability (1) An indemnified person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to the person, the liability attaches instead to the State. (3) In this section— indemnified person means any of the following— (a) the Minister; (b) a member of a TAFE institute council; (c) the chief executive; (d) an officer or employee of the department; (e) an inspector; (f) a person mentioned in section 267(3)(e). Current as at 30 June 2014 Page 115

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 1 Repeals [s 290A] 290A Approved forms The chief executive may approve forms for use under this Act. 291 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) Without limiting subsection (1), a regulation may— (a) provide for the fees payable under this Act; or (b) create offences and impose penalties (including different penalties for successive offences) of not more than 20 penalty units. Chapter 10 Repeals and transitional provisions Part 1 Repeals 294 Repeal of Acts The following Acts are repealed— • Vocational Education, Training and Employment Act 1991 • Vocational Education and Training (Industry Placement) Act 1992. Page 116 Current as at 30 June 2014

Part 2 Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 2 Transitional provisions for Act No. 23 of 2000 [s 295] Transitional provisions for Act No. 23 of 2000 Division 1 Preliminary 295 Definitions for pt 2 In this part— commission means the Vocational Education, Training and Employment Commission established under the former VETE Act. corporation means the Vocational Education, Training and Employment Corporation established under the former VETE Act. former body means any of the following bodies constituted or established under the former VETE Act— (a) the commission; (b) the accreditation council; (c) the state planning and development council; (d) the state training council. former industry placement Act means the repealed Vocational Education and Training (Industry Placement) Act 1992 . industrial body means the industrial commission or an industrial magistrate. new training contract see section 307. State Training Council means the State Training Council constituted under the former VETE Act. Current as at 30 June 2014 Page 117

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 2 Transitional provisions for Act No. 23 of 2000 [s 296] Division 2 Transitional provisions for former VETE Act 296 Dissolution of corporation and former bodies (1) The corporation and each former body are dissolved. (2) The members of each former body go out of office. 297 Assets and liabilities (1) The assets and liabilities of the corporation and each former body vest in the State. (2) If the corporation held property on trust, the State holds the property on the terms of the trust. 298 Proceedings (1) A proceeding by or against the corporation or a former body that has not ended before the commencement of this section may be continued and finished by or against the State. (2) A proceeding that could have been taken by or against the corporation or a former body if the corporation or former body had continued to exist, may be taken by or against the State. 299 Existing contracts (1) If the corporation or a former body was a party to a contract in force immediately before the commencement of this section, the contract continues in force and the State is taken to be a party instead of the corporation or former body. (2) In this section— contract means a contract other than a training contract. Page 118 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 2 Transitional provisions for Act No. 23 of 2000 [s 300] 300 References A reference in an Act or document to— (a) the former VETE Act or the former industry placement Act may, if the context permits, be taken to be a reference to this Act; or (b) the corporation may, if the context permits, be taken to be a reference to the chief executive; or (c) a former body may, if the context permits, be taken to be a reference to— (i) if the reference is to the commission or the state planning and development council—the board; or (ii) if the reference is to the accreditation council or state training council—the council. 301 Existing approvals (1) An approval in force immediately before the commencement of this section is taken to be an approval granted under this Act. (2) The approval continues in force subject to this Act and is not renewable. (3) The approval ends when it would have ended under the former VETE Act, unless the council by fair procedures prescribed under a regulation— (a) if the approval is the registration of a training organisation—sooner suspends or cancels the registration; or (b) if the approval is the accreditation of a course—sooner cancels the accreditation. (4) Subsection (2) applies despite a provision of the approval or the former VETE Act about renewing the approval. (5) In this section— approval means— Current as at 30 June 2014 Page 119

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 2 Transitional provisions for Act No. 23 of 2000 [s 302] (a) the registration of a training organisation under the former VETE Act; or (b) the accreditation of a course under the former VETE Act. 302 Awards conferred under former VETE Act (1) An award conferred, or continued in force, under the former VETE Act is taken to be a qualification issued under this Act. (2) In this section— award means any of the following— (a) a certificate of completion given under section 73 of the former VETE Act; (b) a certificate, advanced certificate, associate diploma, diploma or other award that was approved by the commission under the former VETE Act; (c) another academic award or certificate. 303 Certificate for work or training recognised under former VETE Act A certificate issued under section 82 of the former VETE Act by the State Training Council and in force immediately before the commencement of this section is taken to be a recognition certificate issued by the council under this Act. 304 Existing decisions under former VETE Act (1) This section applies to a decision made under the former VETE Act by the corporation or a former body if the decision has not had full effect at the commencement of this section. (2) The decision continues in force subject to this Act and— (a) if the decision was made under the former VETE Act by the corporation—is taken to be a decision made by the chief executive; or Page 120 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 2 Transitional provisions for Act No. 23 of 2000 [s 305] (b) if the decision was made under the former VETE Act by a former body— (i) if the former body was the commission or state planning and development council—is taken to be a decision made by the board; or (ii) if the former body was the accreditation council or the state training council—is taken to be a decision made by the council. (3) If a person had a right to appeal against a decision mentioned in subsection (2)(a) under the former VETE Act that had not ended immediately before the commencement of this section, the person may, within the time allowed for appealing under the former VETE Act, appeal against the decision under chapter 8 as if the decision were made under this Act. (4) However, the decision does not authorise a matter that can not be decided under this Act. (5) In this section— decision includes determination, direction and ruling. 305 Existing orders of industrial body (1) This section applies to an order made under the former VETE Act by an industrial body if the order has not had full effect at the commencement of this section. (2) The order continues in force as if it were made under the provisions of the Industrial Relations Act 1999 corresponding with provisions of the former VETE Act under which the order was made. 306 Existing proceedings before industrial body A proceeding for an offence started before an industrial body under the former VETE Act but not finished at the commencement of this section may be carried on and prosecuted as if it had been started under this Act. Current as at 30 June 2014 Page 121

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 2 Transitional provisions for Act No. 23 of 2000 [s 307] 307 Existing training agreements (1) A training agreement (the former training agreement ) for an apprentice or trainee approved under section 70 of the former VETE Act and in force immediately before the commencement of this section continues in force, subject to this Act, as if it were a registered training contract (the new training contract ) under this Act. (2) Despite any contrary or inconsistent provision of the former training agreement, the new training contract is taken to provide that, at its completion, the apprentice or trainee being trained under it is eligible to receive the qualification or statement of attainment— (a) identified in a national training system of qualifications or an accredited course as the most appropriate qualification or statement of attainment for the training undertaken by the apprentice or trainee under the former training agreement and the new training contract; and (b) issued by the supervising registered training organisation appointed under section 311 for the new training contract. (3) Also, despite a provision of the former training agreement, at the completion of the new training contract, the council must issue a completion certificate to the apprentice or trainee. (4) The apprentice or trainee continues to be entitled under the new training contract to the same conditions of employment under the Industrial Relations Act 1999 the apprentice or trainee was entitled to under the former training agreement. 308 Existing industry training advisory bodies The industry training advisory bodies mentioned in section 14 of the former VETE Act and in existence immediately before the commencement of this section are taken to be recognised by the board as industry training advisory bodies under this Act. Page 122 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 2 Transitional provisions for Act No. 23 of 2000 [s 309] 309 Existing group training schemes A group training scheme under the former VETE Act in existence immediately before the commencement of this section is taken be recognised by the board as a group training organisation under this Act. 311 When supervising registered training organisation required (1) This section applies if the unexpired term of a new training contract for an apprentice or trainee is more than 6 months. (2) There must be a supervising registered training organisation for the apprentice or trainee. (3) Promptly after the commencement of this section, the parties to the contract must agree with a registered training organisation that it become the supervising registered training organisation for the apprentice or trainee. (4) A provision of this Act, other than section 91(1), applying in relation to a supervising registered training organisation applies in relation to a supervising registered training organisation required under this section. 312 When training plan required (1) This section applies if the unexpired term of a new training contract for an apprentice or trainee is more than 6 months. (2) There must be a training plan for the apprentice or trainee. (3) Chapter 3, part 3, other than section 100(2) applies to the training plan, with necessary changes. Current as at 30 June 2014 Page 123

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 2 Transitional provisions for Act No. 23 of 2000 [s 313] Division 3 Transitional provisions for former industry placement Act 313 Existing approved training schemes An approved training scheme in existence under the former industry placement Act immediately before the commencement of this section is taken to be a vocational placement scheme recognised under this Act by the council. 314 Existing vocational placement agreements etc. A vocational placement agreement and a vocational training agreement in force under the former industry placement Act immediately before the commencement of this section continues in force, subject to this Act, as if it were a vocational placement agreement under this Act. 315 Existing decisions under former industry placement Act (1) This section applies to a decision made under the former industry placement Act if the decision has not had full effect at the commencement of this section. (2) The decision continues in force subject to this Act and is taken to be a decision made by the council. (3) However, the decision does not authorise a matter that can not be decided under this Act. (4) In this section— decision includes determination, direction and ruling. 316 Existing orders of industrial commission (1) This section applies to an order made under the former industry placement Act by the industrial commission if the order has not had full effect at the commencement of this section. Page 124 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 3 Transitional provisions for Training Reform Act 2003 [s 317] (2) The order continues in force as if it were made under the provisions of the Industrial Relations Act 1999 corresponding with the provisions of the former industry placement Act under which the order was made. Part 3 Transitional provisions for Training Reform Act 2003 Division 1 General transitional provisions 317 References to Training and Employment Act 2000 In an Act or document, a reference to the Training and Employment Act 2000 may, if the context permits, be taken to be a reference to this Act. 318 Apprenticeship and traineeship ombudsman (1) In an Act or document, a reference to the apprenticeship and traineeship ombudsman may, if the context permits, be taken to be a reference to the training ombudsman. (2) The person who, immediately before the commencement of this section, was the apprenticeship and traineeship ombudsman is taken, for the remaining term of the person’s appointment, to be the training ombudsman. (3) The Training Reform Act 2003 does not affect anything done or existing in relation to the ombudsman before the commencement of this section. Current as at 30 June 2014 Page 125

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 3 Transitional provisions for Training Reform Act 2003 [s 319] 319 Training Recognition Council (1) The Training Recognition Council as formerly established is continued in existence as the Training and Employment Recognition Council. (2) In an Act or document, a reference to the Training Recognition Council may, if the context permits, be taken to be a reference to the Training and Employment Recognition Council. (3) A person who, immediately before the commencement of this section, was a member of the Training Recognition Council is taken, for the remaining term of the person’s appointment, to be a member of the Training and Employment Recognition Council. (4) The Training Reform Act 2003 does not affect anything done or existing in relation to the council before the commencement of this section. 320 Amending or assigning registered training contract Section 57, as in force immediately before the commencement of this section, continues to apply to a training contract registered before the commencement as if the Training Reform Act 2003 , section 12 had not been enacted. 321 Appeal to industrial commission against council or other decision Section 230, as in force immediately before the commencement of this section, ( old section 230 ) continues to apply in relation to a decision mentioned in old section 230 that was made before the commencement as if the Training Reform Act 2003 , section 47 had not been enacted. Page 126 Current as at 30 June 2014

Division 2 Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 3 Transitional provisions for Training Reform Act 2003 [s 323] Transitional provisions for training organisations 323 Definitions for div 2 In this division— commencement means the commencement of this section. old in relation to a provision, means the provision as in force immediately before commencement. 324 Details on register on commencement (1) The following details recorded on the National Training Information Service maintained by ANTA at commencement are taken to have been registered under chapter 2 or a corresponding law by the entity that recorded the detail— (a) a training organisation’s registration; (b) a training organisation’s scope of registration and term of registration; (c) registered conditions of a registered training organisation; (d) registration of an accredited course; (e) an accredited course’s term of registration; (f) a qualification registered for a nationally endorsed training package. Note — Under section 20, these details are the national register. (2) On commencement, a condition of a registered training organisation taken to be registered under subsection (1) (a recorded condition ) is taken to be a condition imposed under a section of chapter 2 or a corresponding law under which a similar condition may be imposed in similar circumstances to those applying when the recorded condition was imposed. Current as at 30 June 2014 Page 127

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 3 Transitional provisions for Training Reform Act 2003 [s 325] (3) In this section— ANTA has the meaning given to it, at the commencement, in section 19. 325 Application for registration An application for registration of a training organisation made under old section 18 and not decided by council before commencement is, after commencement, taken to have been made under section 23 and to have been accompanied by the prescribed fee. 326 Contravention of registration condition If, before commencement, a registered training organisation contravenes a condition stated in its certificate of registration, old chapter 2, in particular old section 23(2) and old section 28(b) continue to apply after commencement in relation to the contravention as if those provisions had not been repealed. 327 Return of registration certificate (1) If, before commencement, the council cancelled the registration of a training organisation under old section 27, old section 27(2) continues to apply in relation to the organisation as if old section 27 had not been repealed. (2) If, before commencement, the council amended, suspended or cancelled the registration of a training organisation under old section 29, old section 30 continues to apply after commencement in relation to the organisation as if old section 30 had not been repealed. 328 Show cause notice issued (1) This section applies if, before commencement— (a) a show cause notice is given under old section 29; and Page 128 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 3 Transitional provisions for Training Reform Act 2003 [s 329] (b) the council has not made a decision, or, if the council has made a decision, the decision has not taken effect. (2) Old chapter 2, part 1, division 2 continues to apply after commencement in relation to the show cause notice and the council’s decision as if it had not been repealed. 329 Issuing qualifications and statements of attainment (1) This section applies if, before commencement— (a) a student has complied with old section 34(1)(a) or has been recognised under old section 34(1)(b); and (b) the registered training organisation has not issued the appropriate qualification or statement of attainment. (2) Old section 34(2) continues to apply after commencement as if it had not been repealed. 330 Assessment of skills or knowledge (1) This section applies if, before commencement— (a) a registered training organisation has assessed a person’s skills or knowledge for the purposes of old section 35; and (b) the organisation has not issued the appropriate qualification or statement of attainment. (2) Old section 35(3) continues to apply after commencement as if it had not been repealed. 331 Return of qualification or statement of attainment (1) This section applies if, before commencement— (a) a registered training organisation cancels a qualification or statement of attainment under old section 36; and Current as at 30 June 2014 Page 129

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 3 Transitional provisions for Training Reform Act 2003 [s 332] (b) the person to whom the qualification or statement of attainment was issued has not returned it to the organisation. (2) Old section 36(2) continues to apply after commencement as if it had not been repealed. 332 Application for course accreditation (1) This section applies if, before commencement— (a) an entity applies for the grant of an accreditation for a course under old section 38; and (b) the council has not granted or refused to grant the accreditation. (2) Old sections 38, 40, 41 and 44 continue to apply after commencement as if the provisions had not been repealed. (3) Section 47C applies in relation to the term of accreditation. 333 Amendment or cancellation of accreditation without application (1) This section applies if, before commencement— (a) the council begins the process to amend or cancel an accreditation under old section 45 without application by the entity to whom it was granted; and (b) the council has not made a decision, or, if the council has made a decision, the decision has not taken effect. (2) Section 47F applies in relation to the process and decision. Page 130 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 4 Transitional provisions for Vocational Education, Training and Employment Amendment Act 2005 [s 334] Part 4 Transitional provisions for Vocational Education, Training and Employment Amendment Act 2005 Division 1 Provisions about Training and Employment Board 334 Definitions for div 1 In this division— board means the Training and Employment Board established under section 146 as in force immediately before the commencement. commencement means the commencement of this division. 335 Dissolution of Training and Employment Board (1) On the commencement— (a) the board is dissolved; and (b) the members of the board go out of office. (2) No compensation is payable to a member of the board because of subsection (1). 336 References to board taken to be references to council A reference in an Act or document to the board may, if the context permits, be taken to be a reference to the council. Current as at 30 June 2014 Page 131

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 4 Transitional provisions for Vocational Education, Training and Employment Amendment Act 2005 [s 337] 337 Existing decisions of board (1) This section applies to a decision of the board before the commencement, if the decision had not had full effect at the commencement. (2) The decision continues in force, subject to this Act, and is taken to be a decision of the council. (3) Without limiting subsection (2), if the decision is one in relation to which a person had a right to appeal against the decision that had not ended immediately before the commencement, the person may appeal against the decision as if it were a decision of the council. 338 Continuation of recognition of group training organisation and industry training advisory body A recognition by the board of a corporation as a group training organisation or an industry training advisory body that is in force immediately before the commencement is taken, on the commencement, to be a recognition by the council. 339 Applications for recognition of group training organisation or industry training advisory body (1) This section applies if an application for recognition as a group training organisation or an industry training advisory group has been made but not decided before the commencement. (2) The application is taken to have been made to the council. Page 132 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 4 Transitional provisions for Vocational Education, Training and Employment Amendment Act 2005 [s 341] Division 2 Provision about TAFE institute council 341 Appointed members of TAFE institute council continue despite amendment of s 196(1)(a) (1) This section applies if, immediately before the commencement of the Vocational Education, Training and Employment Amendment Act 2005 , section 19, there were more than 15 appointed members on a TAFE institute council. (2) Despite the commencement of section 19, each of the appointed members continues as an appointed member until— (a) the member’s term of appointment ends; or (b) the member’s office sooner becomes vacant. Division 3 Provision about TAFE institute college council 342 Dissolution of college councils (1) On the commencement of this section— (a) each college council established under chapter 6, part 3 is dissolved; and (b) the members of each of the college councils go out of office. (2) No compensation is payable to a member of a college council because of subsection (1). Current as at 30 June 2014 Page 133

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 5 Transitional provision for Higher Education (General Provisions) Act 2008 [s 343] Division 4 Transitional provision for vocational placement scheme 343 Application for recognition of vocational placement scheme (1) This section applies if an application for recognition of a vocational placement scheme has been made but not decided before the commencement. (2) The prescribed fee mentioned in section 108(2) is not payable in relation to the application. Part 5 Transitional provision for Higher Education (General Provisions) Act 2008 344 Recognition of group training organisation (1) Subsection (2) applies to the recognition of a corporation as a group training organisation, in force immediately before the commencement, for— (a) an industry; or (b) an industry sector; or (c) an area. (2) The corporation’s recognition is no longer limited to the industry, industry sector or area. (3) In this section— commencement means the commencement of this section. Page 134 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 6 Transitional provisions for Education and Training Legislation (Skills Queensland) Amendment Act 2010 [s 345] Part 6 Transitional provisions for Education and Training Legislation (Skills Queensland) Amendment Act 2010 345 First skills and workforce development investment plan Despite section 150, the first skills and workforce development investment plan required to be developed under that section must be given to the Minister for approval by 30 November 2011. Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 347 Definitions for pt 7 In this part— commencement means the commencement of this part. council means the Training and Employment Recognition Council established under the former Act. former Act means this Act as in force from time to time before the commencement. 348 Documents held by council that become documents of Skills Queensland (1) This section applies to documents held by the council immediately before the commencement that— Current as at 30 June 2014 Page 135

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 349] (a) related to the council’s functions under the former Act; and (b) on the commencement, relate to similar functions to be performed by Skills Queensland under this Act. (2) On the commencement, the documents become the documents of Skills Queensland and may be used by Skills Queensland in performing its functions under this Act. 349 Nominal terms of training contracts for apprenticeships and traineeships (1) This section applies to the nominal terms of training contracts for apprenticeships and traineeships decided by the council under section 49 of the former Act and in force immediately before the commencement. (2) On the commencement, the nominal terms of the contracts continue in force as if they had been decided by Skills Queensland under this Act. 350 Process to decide whether to shorten or lengthen probationary period (1) This section applies if— (a) before the commencement, the council received a written submission under section 50 of the former Act and was undertaking a process to decide whether to shorten or lengthen the probationary period for an apprentice or trainee; and (b) immediately before the commencement, the council had not made its decision. (2) Skills Queensland may continue the process under this Act and decide whether to shorten or lengthen the probationary period for the apprentice or trainee. Page 136 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 351] 351 Probationary periods for apprenticeships and traineeships (1) This section applies to the probationary periods for apprenticeships and traineeships decided by the council under section 50 of the former Act and in force immediately before the commencement. (2) On the commencement, the probationary periods continue in force as if they had been decided by Skills Queensland under this Act. 352 Training contracts received by the council but not yet registered (1) This section applies if — (a) before the commencement, a training contract was received by the council; and (b) immediately before the commencement, the council had not registered or refused to register the contract under section 54 of the former Act. (2) Skills Queensland may register or refuse to register the training contract under this Act. 353 Continuation of registration of training contracts (1) This section applies to the registration of a training contract by the council under section 54 of the former Act in force immediately before the commencement. (2) On the commencement, the registration continues in force as if it had been granted by Skills Queensland under this Act. 354 Process to amend or assign registered training contract (1) This section applies if— (a) before the commencement, the parties to a registered training contract applied to the council, under section 57 Current as at 30 June 2014 Page 137

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 355] of the former Act, to approve the amendment or assignment of the contract; and (b) immediately before the commencement, the council had not decided the matter. (2) Skills Queensland may approve or refuse to approve the amendment or assignment under this Act. 355 Decision about amendment or assignment of registered training contract (1) This section applies to a decision to approve the amendment or assignment of a registered training contract made under section 57 of the former Act and in force immediately before the commencement. (2) On the commencement, the decision continues in force as if it had been made by Skills Queensland under this Act. 356 Minor amendment of registered training contract (1) This section applies if a registered training contact was taken to be amended under section 58 of the former Act and the amendment continued in force immediately before the commencement. (2) On the commencement, the amendment of the contract continues in force under this Act. 357 Application to cancel training contract (1) This section applies if— (a) before the commencement, an application was made to the council, under section 63 of the former Act, to cancel a training contract; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. Page 138 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 358] 358 Cancellation of training contract (1) This section applies to the cancellation of a training contract by the council under section 63 of the former Act in force immediately before the commencement. (2) On the commencement, the cancellation continues in force as if the decision to cancel had been made by Skills Queensland under this Act. 359 Application to cancel training contract or confirm suspension (1) This section applies if— (a) before the commencement, an application was made to the council under section 64 of the former Act— (i) to cancel a training contract; or (ii) to confirm a suspension; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. 360 Cancellation of training contract or suspension of apprentice or trainee (1) Subsection (2) applies to the cancellation of a training contract by the council under section 64 of the former Act in force immediately before the commencement. (2) On the commencement, the cancellation continues in force as if the decision to cancel had been made by Skills Queensland under this Act. (3) Subsection (4) applies if— (a) before the commencement, the council confirmed the suspension of a contract by an employer under section 64 of the former Act; and Current as at 30 June 2014 Page 139

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 361] (b) immediately before the commencement, the period of suspension had not expired. (4) The suspension continues in force under this Act for the balance of the period stated in the suspension notice and is taken to have been confirmed by Skills Queensland. 361 Application for cancelled training contract to resume (1) This section applies if— (a) before the commencement, a party applied to the council under section 65 of the former Act for an order that training be resumed under a training contract that was purportedly cancelled by another party to the contract; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. 362 Order to resume or undertake training (1) This section applies to an order to resume training or to resume undertaking training under a training contract made by the council under section 65 of the former Act and in force immediately before the commencement. (2) On the commencement, the order continues in force as if it had been made by Skills Queensland under this Act. 363 Process to cancel registration of training contract (1) This section applies if, before the commencement, the council was considering whether to cancel the registration of a training contract under section 66 of the former Act— (a) either— (i) as a result of an application by a party to the contract; or Page 140 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 364] (ii) on its own initiative; and (b) immediately before the commencement, the council had not decided whether to cancel the registration. (2) Skills Queensland may decide whether to cancel the registration under this Act. 364 Cancellation of registration of training contract (1) This section applies to the cancellation of the registration of a training contract by the council under section 66 of the former Act in force immediately before the commencement. (2) On the commencement, the cancellation continues in force as if the decision to cancel had been made by Skills Queensland under this Act. 365 Discipline orders (1) This section applies to an order made by the council under section 71 of the former Act and in force immediately before the commencement. (2) On the commencement, the order continues in force as if it had been made by Skills Queensland under this Act. 366 Cancellation of completion certificate (1) This section applies to the cancellation by the council of a completion certificate under section 76 of the former Act in force immediately before the commencement. (2) On the commencement, the cancellation of the certificate continues in force as if the decision to cancel had been made by Skills Queensland under this Act. 367 Application to extend nominal term of registered training contract (1) This section applies if— Current as at 30 June 2014 Page 141

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 368] (a) before the commencement, an application was made to the council, under section 77 of the former Act, to extend the nominal term of a registered training contract; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. 368 Decision to extend or refuse to extend nominal term of registered training contract (1) This section applies to a decision made by the council to extend or refuse to extend a registered training contract under section 77 of the former Act in force immediately before the commencement. (2) On the commencement, the decision continues in force under this Act and is taken to have been made by Skills Queensland. 369 Declaration of employer to be prohibited employer (1) This section applies to a declaration made by the council under section 83 of the former Act that an employer is a prohibited employer and in force immediately before the commencement. (2) On the commencement, the declaration continues in force as if it had been made by Skills Queensland under this Act. 370 Request by prohibited employer to revoke declaration (1) This section applies if— (a) before the commencement, a request was made by a prohibited employer to the council, under section 84 of the former Act, to revoke the declaration that the employer is a prohibited employer; and Page 142 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 371] (b) immediately before the commencement, a decision had not been made on the request. (2) Skills Queensland may make a decision on the request under this Act. 371 Decision about declaration that employer is a prohibited employer (1) This section applies to a decision made by the council on a request by a prohibited employer under section 84 of the former Act and in force immediately before the commencement. (2) On the commencement, the decision continues in force as if it had been made by Skills Queensland under this Act. 372 Application by employer to temporarily stand down apprentice or trainee (1) This section applies if— (a) before the commencement, an employer applied to the council, under section 86 of the former Act, to temporarily stand down an apprentice or trainee; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. 373 Decision about application to stand down apprentice or trainee (1) This section applies to a decision made by the council on an application by an employer, under section 86 of the former Act, to temporarily stand down an apprentice or trainee in force immediately before the commencement. (2) On the commencement, the decision continues in force as if it had been made by Skills Queensland under this Act. Current as at 30 June 2014 Page 143

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 374] 374 Declaration of calling to be restricted calling (1) This section applies to a declaration made by the council, under section 89 of the former Act, that a calling is a restricted calling in force immediately before the commencement. (2) On the commencement, the declaration continues in force as if it had been made by Skills Queensland under this Act. 375 Application to recognise vocational placement scheme (1) This section applies if— (a) before the commencement, an application was made by a registered training organisation to the council, under section 108 of the former Act, to recognise a vocational placement scheme; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. 376 Decision to recognise or refuse to recognise vocational placement scheme (1) This section applies to a decision to recognise, or refuse to recognise, a vocational placement scheme made under section 109 of the former Act and in force immediately before the commencement. (2) On the commencement, the decision continues in force as if it had been made by Skills Queensland under this Act. 377 Vocational placement agreement sent by registered training organisation (1) This section applies if— (a) before the commencement, a registered training organisation sent a signed vocational placement Page 144 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 378] agreement for a long placement to the council for registration, under section 118 of the former Act; and (b) immediately before the commencement, the council had not decided whether to register or refuse to register the agreement. (2) Skills Queensland may decide whether to register or refuse to register the agreement under this Act. 378 Decision to register or refuse to register vocational placement agreement for long placement (1) This section applies to a decision made by the council to register, or refuse to register, a vocational placement agreement for a long placement under section 118 of the former Act and in force immediately before the commencement. (2) On the commencement, the decision continues in force as if it had been made by Skills Queensland under this Act. 379 Application to extend approved time for vocational placement (1) This section applies if— (a) before the commencement, an application was made to the council, under section 121 of the former Act, to extend the approved time for a vocational placement; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. 380 Decision to extend or refuse to extend vocational placement (1) This section applies to a decision made by the council to extend or refuse to extend the approved time for a vocational Current as at 30 June 2014 Page 145

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 381] placement under section 121 of the former Act and in force immediately before the commencement. (2) On the commencement, the decision continues in force as if it had been made by Skills Queensland under this Act. 381 Ombudsman to continue to perform functions in relation to things done by council (1) This section applies to decisions made, investigations undertaken or anything else done (a council action ) by the council under the former Act before the commencement. (2) On the commencement— (a) the council action is taken to have been made, undertaken or done by Skills Queensland; and (b) the ombudsman may do anything in relation to Skills Queensland under this Act that the ombudsman could have done but had not done in relation to the council under the former Act. (3) Without limiting subsection (2), the ombudsman may do the following in relation to the council action— (a) require Skills Queensland to give it information or documents under section 138; (b) recommend Skills Queensland take further steps under section 139; (c) recommend Skills Queensland exercise a power or perform a function under section 140. 382 Application to have skills and knowledge in a calling recognised (1) This section applies if— (a) before the commencement, a person applied to the council, under section 182 of the former Act, to have the Page 146 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 383] person’s skills and knowledge in a calling recognised; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. 383 Recognition certificate issued by council (1) This section applies to a recognition certificate issued by the council under section 182 of the former Act and in force immediately before the commencement. (2) On the commencement, the certificate continues in force as if it had been issued by Skills Queensland under this Act. 384 Decision by council to cancel a recognition certificate (1) This section applies to a decision to cancel a recognition certificate made by the council under section 182 of the former Act and in force immediately before the commencement. (2) On the commencement, the cancellation continues in force as if the decision to cancel had been made by Skills Queensland under this Act. 385 Declaration of training to be apprenticeship or traineeship (1) This section applies to a declaration made by the council that employment based training is an apprenticeship or traineeship under section 183 of the former Act and in force immediately before the commencement. (2) On the commencement, the declaration continues in force as if it had been made by Skills Queensland under this Act. Current as at 30 June 2014 Page 147

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 386] 386 Application for employment exemption for young person (1) This section applies if— (a) before the commencement, an application was made by a young person or a parent of a young person to the council, under section 183A of the former Act, for an employment exemption for the young person; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. 387 Decision about employment exemption (1) This section applies to a decision made by the council to grant or refuse to grant an employment exemption under section 183B of the former Act and in force immediately before the commencement. (2) On the commencement, the decision continues in force as if it had been made by Skills Queensland under this Act. 388 Application to amend or cancel employment exemption (1) This section applies if— (a) before the commencement, a young person or a parent of a young person applied to the council, under section 183C of the former Act, to amend or cancel the employment exemption for the young person; and (b) immediately before the commencement, the application had not been decided. (2) Skills Queensland may decide the application under this Act. 389 Decision to amend or cancel employment exemption (1) This section applies to a decision made by the council to amend or cancel an employment exemption under section Page 148 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 390] 183C of the former Act in force immediately before the commencement. (2) On the commencement, the decision continues in force as if it had been made by Skills Queensland under this Act. 390 Process to recognise non-departmental employment skills development program (1) This section applies if— (a) before the commencement, the council was undertaking a process to decide whether to recognise a non-departmental employment skills development program under section 183D of the former Act; and (b) immediately before the commencement, the council had not made its decision. (2) Skills Queensland may continue the process under this Act and decide whether to recognise the non-departmental employment skills development program. 391 Recognition of non-departmental employment skills development program (1) This section applies if the council recognised a non-departmental employment skills development program under section 183D of the former Act and the recognition was in force immediately before the commencement. (2) On the commencement, the recognition continues in force as if it had been granted by Skills Queensland under this Act. 392 Process to recognise corporation as group training organisation (1) This section applies if— (a) before the commencement, the council was undertaking a process to decide whether to recognise a corporation Current as at 30 June 2014 Page 149

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 393] as a group training organisation under section 221 of the former Act; and (b) immediately before the commencement, the council had not made its decision. (2) Skills Queensland may continue the process under this Act and decide whether to recognise the corporation as a group training organisation. 393 Recognition of corporation as group training organisation (1) This section applies if the council recognised a corporation as a group training organisation under section 221 of the former Act and the recognition was in force immediately before the commencement. (2) On the commencement, the recognition continues in force as if it had been granted by Skills Queensland under this Act. 394 Process to withdraw recognition of corporation as group training organisation (1) This section applies if— (a) before the commencement, the council was undertaking a process to decide whether to withdraw the recognition of a corporation as a group training organisation under section 223 of the former Act; and (b) immediately before the commencement, the council had not made its decision. (2) Skills Queensland may continue the process under this Act and decide whether to withdraw the recognition of the corporation as a group training organisation. Page 150 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 395] 395 Withdrawal of recognition of corporation as group training organisation (1) This section applies if the council withdrew the recognition of a corporation as a group training organisation under section 223 of the former Act and the withdrawal was in force immediately before the commencement. (2) On the commencement, the decision to withdraw the recognition continues in force as if it had been made by Skills Queensland under this Act. 396 Process to recognise entity as principal employer organisation (1) This section applies if— (a) before the commencement, the council was undertaking a process to decide whether to recognise an entity as a principal employer organisation under section 223A of the former Act; and (b) immediately before the commencement, the council had not made its decision. (2) Skills Queensland may continue the process under this Act and decide whether to recognise the entity as a principal employer organisation. 397 Recognition of entity as principal employer organisation (1) This section applies if the council recognised an entity as a principal employer organisation under section 223A of the former Act and the recognition was in force immediately before the commencement. (2) On the commencement, the recognition continues in force as if it had been granted by Skills Queensland under this Act. Current as at 30 June 2014 Page 151

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 398] 398 Process to withdraw recognition of entity as principal employer organisation (1) This section applies if— (a) before the commencement, the council was undertaking a process to decide whether to withdraw the recognition of an entity as a principal employer organisation under section 223C of the former Act; and (b) immediately before the commencement, the council had not made its decision. (2) Skills Queensland may continue the process under this Act and decide whether to withdraw the recognition of the entity as a principal employer organisation. 399 Withdrawal of recognition of entity as principal employer organisation (1) This section applies if the council withdrew the recognition of an entity as a principal employer organisation under section 223C of the former Act and the withdrawal was in force immediately before the commencement. (2) On the commencement, the decision to withdraw the recognition continues in force as if it had been made by Skills Queensland under this Act. 400 Skills Queensland substituted for council in proceedings in QCAT and industrial commission (1) This section applies if— (a) immediately before the commencement, the council was a party to a proceeding in QCAT or the industrial commission in relation to a decision of the council about a matter under the former Act; and (b) on the commencement, Skills Queensland will make decisions for similar matters under its functions under this Act. Page 152 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 401] (2) On the commencement, Skills Queensland becomes a party to the proceeding instead of the council. 401 Appeal in industrial commission about decisions of council (1) This section applies if— (a) before the commencement, the council made a decision about a matter mentioned in section 230; and (b) immediately before the commencement, a person aggrieved by the decision had not appealed. (2) The person may appeal to the industrial commission under this Act as if the decision about the matter had been made by Skills Queensland. (3) Nothing in this section affects — (a) the requirement that the aggrieved person start the appeal within 21 days after receiving an information notice for the decision being appealed; or (b) the industrial commission’s power to extend the time for starting an appeal. 402 Skills Queensland to replace council for matter remitted by industrial commission (1) This section applies if— (a) before the commencement, the council made a decision about a matter mentioned in section 230; and (b) on the commencement, the decision is the subject of a proceeding; and (c) the industrial commission allows the appeal and remits a matter to the person who made the decision under section 233(2)(d). (2) The matter is remitted to Skills Queensland instead of to the council. Current as at 30 June 2014 Page 153

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) Act 2012 [s 403] 403 Delegations by council to continue as delegations by Skills Queensland (1) This section applies to the following in force immediately before the commencement and relating to a power or function that Skills Queensland has under this Act— (a) a delegation by the council to an entity under section 186(1) of the former Act; (b) a subdelegation by an entity under section 186(2) of the former Act. (2) On the commencement, Skills Queensland is taken to replace the council as delegator and the delegation or subdelegation continues in force until the earlier of the following— (a) Skills Queensland makes a new delegation for the matter the subject of the delegation; (b) 6 months after the commencement. 404 Guidelines for council to continue as guidelines for Skills Queensland (1) This section applies to a guideline for the council in force immediately before the commencement that relates to a power or function that Skills Queensland has under this Act. (2) The guideline continues in force under this Act as if it had been made by Skills Queensland until the earlier of the following— (a) Skills Queensland makes a new guideline for the matter the subject of the guideline; (b) 6 months after the commencement. 405 Council’s approved forms to continue as approved forms of Skills Queensland (1) This section applies to an approved form in force immediately before the commencement that relates to a power or function that Skills Queensland has under this Act. Page 154 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 8 Transitional provisions for Fiscal Repair Amendment Act 2012 [s 407] (2) The approved form continues in force under this Act as if it had been approved by Skills Queensland until the earlier of the following— (a) Skills Queensland approves a new form for the matter the subject of the form; (b) 6 months after the commencement. Part 8 Transitional provisions for Fiscal Repair Amendment Act 2012 407 Definitions for pt 8 In this part— commencement means the time this part commences. former ombudsman means the person holding appointment as the training ombudsman under repealed section 133 immediately before the commencement. 408 End of appointment (1) On the commencement, the former ombudsman goes out of office. (2) No compensation is payable to the former ombudsman because of subsection (1). 409 Documents and records On the commencement, documents and records of the former ombudsman become documents and records of the department. Current as at 30 June 2014 Page 155

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 9 Transitional provisions for Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 [s 411] Part 9 Transitional provisions for Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 411 Definitions for pt 9 In this part— commencement means the commencement of this part. former Act means this Act as in force from time to time before the commencement. former provision means the following sections of the former Act repealed by the Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 — (a) section 182; (b) section 183; (c) section 183A; (d) section 183B; (e) section 183C; (f) section 183D; (g) section 183E. new provision , for a former provision, means the following sections— (a) for section 182 of the former Act—section 250A; (b) for section 183 of the former Act—section 47; (c) for section 183A of the former Act—section 250B; (d) for section 183B of the former Act—section 250C; (e) for section 183C of the former Act—section 250D; Page 156 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 9 Transitional provisions for Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 [s 412] (f) for section 183D of the former Act—section 250E; (g) for section 183E of the former Act—section 250F. 412 Dissolution of Skills Queensland (1) On the commencement— (a) Skills Queensland is dissolved; and (b) the members of Skills Queensland go out of office; and (c) the chief executive officer of Skills Queensland goes out of office. (2) No compensation is payable to a member or the chief executive officer because of subsection (1). 413 Chief executive is legal successor (1) The chief executive is the successor in law of Skills Queensland. (2) Subsection (1) is not limited by another provision of this part. 414 Documents held by Skills Queensland that become documents of chief executive (1) This section applies to documents held by Skills Queensland immediately before the commencement that— (a) related to Skills Queensland’s functions under the former Act; and (b) on the commencement, relate to similar functions to be performed by the chief executive under this Act. (2) On the commencement, the documents become the documents of the chief executive and may be used by the chief executive in performing the chief executive’s functions under this Act. Current as at 30 June 2014 Page 157

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 9 Transitional provisions for Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 [s 415] 415 Continuation of registration of training contracts and vocational placement agreements for long placement (1) This section applies to the registration of a training contract or vocational placement agreement for a long placement by Skills Queensland under the former Act and in force immediately before the commencement. (2) On the commencement, the contract or agreement continues as if it had been registered by the chief executive under this Act. 416 Obligation to return cancelled recognition certificate An obligation to return a cancelled recognition certificate under section 182(5) of the former Act that had not ended before the commencement is taken to be an obligation to return the certificate to the chief executive under section 250A(5). 417 Applications made to Skills Queensland taken to be made to chief executive (1) This section applies if— (a) before the commencement, a person made an application under the former Act to Skills Queensland; and (b) immediately before the commencement, the application had not been finally dealt with. (2) On the commencement— (a) the application is taken to have been made to the chief executive; and (b) the chief executive may deal or continue to deal with the application under this Act. Page 158 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 9 Transitional provisions for Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 [s 418] 418 Decisions etc. of Skills Queensland taken to be decisions etc. of chief executive (1) This section applies to— (a) an approval, certificate, consent, decision, declaration, notice, order, requirement or thing given, issued, made or done before the commencement by, or in relation to, Skills Queensland under the former Act that is current immediately before the commencement; and (b) a recognition by Skills Queensland that is current immediately before the commencement. (2) On the commencement— (a) the approval, certificate, consent, decision, declaration, notice, order, requirement or thing is taken to have been given, issued, made or done by, or in relation to, the chief executive; and (b) the recognition is taken to be a recognition by the chief executive. (3) The chief executive may deal or continue to deal with the matter the subject of the approval, certificate, consent, decision, declaration, notice, order, requirement, thing or recognition. Examples — 1 If, before the commencement, Skills Queensland was deciding whether to cancel a completion certificate and it had given the affected person a show cause notice under the regulation, on the commencement, the chief executive is taken to have given the show cause notice and the chief executive may continue to undertake the process and decide whether to cancel the completion certificate. 2 A recognition of a group training organisation by Skills Queensland that is in force immediately before the commencement is, on the commencement, taken to be a recognition of the group training organisation by the chief executive. 3 A declaration by Skills Queensland of an employer as a prohibited employer that has not ended before the commencement is, on the commencement, taken to be a declaration by the chief executive. Current as at 30 June 2014 Page 159

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 9 Transitional provisions for Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 [s 419] (4) A thing done by Skills Queensland under a former provision before the commencement is taken to have been done by the chief executive under the new provision for the former provision. (5) In this section— current includes in force. 419 Right of review or appeal (1) Without limiting section 418, if a person had a right of review or appeal against a decision mentioned in that section that had not ended immediately before the commencement, the person may apply for a review of, or appeal against, the decision as if it were a decision of the chief executive. (2) Also, without limiting subsection (1), if the decision was made under a former provision, the person may apply for a review of the decision under the new provision for the former provision. 420 Chief executive substituted for Skills Queensland in proceedings in QCAT and industrial commission (1) This section applies if immediately before the commencement, Skills Queensland was a party to a proceeding in QCAT or the industrial commission in relation to a decision of Skills Queensland about a matter under the former Act. (2) On the commencement, the chief executive becomes a party to the proceeding instead of Skills Queensland. 421 Chief executive to replace Skills Queensland for matter remitted by industrial commission (1) This section applies if— (a) before the commencement, Skills Queensland made a decision about a matter mentioned in section 230; and Page 160 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Chapter 10 Repeals and transitional provisions Part 9 Transitional provisions for Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 [s 422] (b) on the commencement— (i) the decision is the subject of a proceeding; and (ii) the industrial commission allows the appeal and remits a matter to the person who made the decision under section 233(2)(d). (2) The matter is remitted instead to the chief executive. 422 Delegations by Skills Queensland to continue as delegations by chief executive (1) This section applies to the following in force immediately before the commencement and relating to a function or power that the chief executive has under this Act— (a) a delegation by Skills Queensland to an appropriately qualified entity under section 152(1)(e) of the former Act; (b) a subdelegation by an entity under section 152(2) of the former Act. (2) On the commencement, the chief executive is taken to replace Skills Queensland as delegator and the delegation or subdelegation continues in force until the earlier of the following— (a) the chief executive ends the delegation or subdelegation; (b) 1 year after the commencement. 423 Guidelines for Skills Queensland to continue as guidelines of chief executive (1) This section applies to a guideline for Skills Queensland under section 152A of the former Act in force immediately before the commencement that relates to a power or function that the chief executive has under this Act. (2) On the commencement, the guideline continues in force under this Act as if it had been made by the chief executive under section 245A until the earlier of the following— Current as at 30 June 2014 Page 161

Schedule 3 Vocational Education, Training and Employment Act 2000 Schedule 3 Dictionary section 6 advertisement includes circular, notice, sign and matter that is not in writing but which conveys a message because of the form or context in which it appears. appointed members , for chapter 6, part 2, division 2, see section 196. apprentice see section 9. apprenticeship see section 7. apprenticeship contract see section 11. appropriately qualified , for a person or entity to whom a function or power may be delegated or subdelegated, includes having the qualifications, experience or standing appropriate for the function or power. approved arrangement , for chapter 9, part 1, division 2, means an arrangement approved by the Minister under section 252(4). approved form see section 290A. approved guideline , for a requirement for a matter, means the guideline for the matter made under section 245A. AQF means the Australian Qualifications Framework as defined in the Commonwealth Act, section 3. calling means— (a) a craft, manufacture, occupation, trade, undertaking or vocation; or (b) a section of something mentioned in paragraph (a). commission , for chapter 10, part 2, see section 295. commissioner of police means the commissioner of the police service appointed under the Police Service Administration Act 1990 . Current as at 30 June 2014 Page 163

Vocational Education, Training and Employment Act 2000 Schedule 3 Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 (Cwlth). completion agreement see section 73. completion certificate means a certificate issued by the chief executive stating that the person named in the certificate has successfully completed the apprenticeship or traineeship stated in the certificate. compulsory participation phase see the Education (General Provisions) Act 2006 , section 231. convicted means a finding of guilt, or the acceptance of a plea of guilt, by a court, whether or not a conviction is recorded. corporation , for chapter 10, part 2, see section 295. course — (a) generally—means a structured approach to the development and attainment of skills and knowledge; or (b) for chapter 4—see section 107. criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 to the extent the criminal history relates to indictable offences, other than spent convictions. deliver includes arrange to deliver. departmental employment skills development program see section 106C(2). employee see Industrial Relations Act 1999 , section 5. employee organisation means an organisation of employees. employer see Industrial Relations Act 1999 , section 6. employer organisation means an organisation of employers. employment exemption means an exemption from the compulsory participation phase for a young person who is— (a) in paid employment for less than 25 hours each week; or (b) in unpaid employment. Page 164 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Schedule 3 executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. former body , for chapter 10, part 2, see section 295. former industry placement Act , for chapter 10, part 2, see section 295. former VETE Act means the repealed Vocational Education, Training and Employment Act 1991 . government entity see the Public Service Act 2008 , section 24. group training organisation means a corporation recognised by the chief executive as a a group training organisation. hosting arrangement means an arrangement under which a group training organisation or a principal employer organisation (each an organisation ) agrees in writing with another entity for— (a) the organisation, for a fee, to hire out an apprentice or trainee employed by the organisation to perform work for the other entity; and (b) the other entity to train the apprentice or trainee under a training plan. industrial body , for chapter 10, part 2, see section 295. industrial commission means the Queensland Industrial Relations Commission under the Industrial Relations Act 1999 . industrial registrar means the industrial registrar under the Industrial Relations Act 1999 . industrial registry means the industrial registry under the Industrial Relations Act 1999 . information notice , for a decision of the chief executive or a registered training organisation, means a signed notice stating the following— (a) the decision; Current as at 30 June 2014 Page 165

Vocational Education, Training and Employment Act 2000 Schedule 3 Page 166 (b) the reasons for the decision; (c) the day the decision has effect; (d) for a decision appealable under section 230, the person to whom the notice is given may appeal the decision within 21 days; (e) for a decision reviewable under section 224, that the person to whom the notice is given may apply, as provided under the QCAT Act, to QCAT for a review of the decision; (f) how the person may appeal or apply for the review; (g) any right the person has to have the operation of the decision stayed; (h) other information required under this Act to be stated in the notice. insolvent under administration see the Corporations Act, section 9. ministerial declaration ‘Stepping forward: improving pathways for all young people’ see section 106B. misconduct , for chapter 3, part 1, division 5, see section 70. new training contract , for chapter 10, part 2, see section 295. nominal term see section 49. non-departmental employment skills development program see section 250E(3). obstruct includes hinder, interfere with, resist and attempt to obstruct. parent includes guardian and each person who is liable to maintain, or has the care and control of, a minor. placement person means an employer who has signed a vocational placement agreement with— (a) if the agreement is signed under section 116(1)—the registered training organisation and the student; or (b) if the agreement is signed under section 116(2)(a)—the registered training organisation. Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Schedule 3 principal employer organisation means an entity recognised by the chief executive under section 223A as a principal employer organisation. probationary period , for an apprenticeship or traineeship, means the period decided by the chief executive under section 50 as the probationary period for the apprenticeship or traineeship. prohibited employer means an employer declared to be a prohibited employer under section 83. publish , for an advertisement— (a) means publish the advertisement in any way and includes publishing it in any of the following ways— (i) in a newspaper or periodical; (ii) by radio or television, on the internet or in another electronic way; (iii) in a film or video recording; (iv) by a circular, notice or sign; and (b) includes cause to be published. purchaser see section 82. qualification means a VET qualification as defined in the Commonwealth Act, section 3. reasonably believes means believes on grounds that are reasonable in all the circumstances. recognition certificate see section 250A. recognition services means— (a) the recognition of skills and knowledge; or (b) the assessment of skills and knowledge; or (c) the issue of qualifications or statements of attainment. registered training contract means a training contract registered under section 54. registered training organisation see section 14. Current as at 30 June 2014 Page 167

Vocational Education, Training and Employment Act 2000 Schedule 3 relevant particulars see section 16. replacement day , for chapter 3, part 2, see section 95. restricted calling means a calling declared by the chief executive to be a restricted calling under section 89. spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. statement of attainment means a VET statement of attainment as defined in the Commonwealth Act, section 3. State Training Council , for chapter 10, part 2, see section 295. student means a person undertaking a course at a registered training organisation. supervising registered training organisation see section 15. TAFE institute see section 191. trainee see section 10. traineeship see section 8. traineeship contract see section 12. training contract means— (a) for an apprentice—an apprenticeship contract; or (b) for a trainee—a traineeship contract. training organisation means a person or an organisation providing, or offering to provide, training or assessment of skills and knowledge. training plan — (a) for an apprentice or trainee—see section 13(1); or (b) for a student under a vocational placement—see section 13(2). Page 168 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Schedule 3 training services means— (a) the delivery of training; or (b) the assessment or recognition of skills and knowledge; or (c) the issue of qualifications or statements of attainment. trust property , for chapter 9, part 1, division 2, see section 252. unit of competency means a specification of knowledge and skill and their application to a specified standard of performance. vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF. vocational placement — (a) generally—see section 17; or (b) for chapter 4—see section 107. vocational placement agreement means an agreement in the approved form for the vocational placement of a student. working day , for an employee, means a day on which the employee normally performs work. work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity. young adult means a person aged between 18 and 25 years. Current as at 30 June 2014 Page 169

Vocational Education, Training and Employment Act 2000 Attachment Attachment Ministerial declaration ‘Stepping forward: improving pathways for all young people’ section 106B A commitment to the young people of Australia by Ministers for Education, Employment, Training, Youth Affairs and Community Services Page 170 Young people make a significant contribution to Australia today and will shape what it will be tomorrow. The vitality, ideas, creativity and visions of all young people must be embraced. The majority of young people are doing well, moving successfully through the different stages of their lives and responding to the challenges of the future. We can be confident that they will achieve success, find fulfilment in their adult lives and make a positive contribution to this country. Some young people find their journeys more difficult and challenging. They may face problems in acquiring the knowledge, skills and self-confidence that form the foundations of their adult lives. We recognise the emotional, physical, cultural and learning barriers faced by these young people and the social, economic and locational factors that may negatively impact on their lives. There are opportunities for governments to address these barriers so that young people can achieve their best. As Ministers entrusted with the collective wellbeing and interests of young people, we must foster an environment in which young people are nurtured and challenged—a society where all young people can realise their full potential. We must work together to support young Australians to achieve Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Attachment success as individuals and as members of society. We need to act collectively and we need to act now. Vision Our vision is of an Australia where: • young people benefit and flourish through sustaining networks of family, friends and community, and through their engagement in education, training, employment, recreation and society • young people’s opinions and contributions are sought and valued, and they are encouraged and supported to take an active role in their communities and the nation • young people’s lives are enriched by positive learning experiences and opportunities that assist them to reach their full potential • we recognise and celebrate young people’s achievements. Challenge Our challenge is to: • listen and respond to young people • work creatively in partnership with young people to build comprehensive networks that draw together jurisdictions, government departments, families and communities so that united we can address the complex issues confronting young people • recognise and address structural barriers faced by young people • ensure that our governmental systems recognise the diversity of young people through being inclusive, flexible and adaptive Current as at 30 June 2014 Page 171

Vocational Education, Training and Employment Act 2000 Attachment • create effective opportunities for young people that are accessible, integrated and meaningful • encourage young people to take increasing responsibility for their own lives, support their peers and contribute to their community • ensure that young people have the information, skills and support needed to negotiate the transition to adult life and to make informed life decisions. Our declaration With this declaration, we commit to developing practical ways to increase the social, educational and employment outcomes of Australia’s young people including those who are at risk, disconnected or in vulnerable circumstances. We agree to establish a common direction to make a real and lasting difference to the lives of young people. We are united by a shared commitment and a joint responsibility. We unanimously agree to work in partnership towards implementing a shared vision for all young people. Page 172 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Attachment Australia’s Ministers for Education, Employment, Training, Youth Affairs and Community Services Current as at 30 June 2014 Page 173

Vocational Education, Training and Employment Act 2000 Attachment Page 174 Current as at 30 June 2014

Endnotes Vocational Education, Training and Employment Act 2000 Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .175 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .175 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .177 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .180 2 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory Current as at 30 June 2014 Page 175

Vocational Education, Training and Employment Act 2000 Endnotes requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A Amendments to none — Effective 28 September 2000 29 September 2001 Reprint date 6 October 2000 29 September 2001 Reprint No. 1B 1C 1D 2 2A 2B 2C 2D 2E 3 3A 3B 3C 3D 3E 3F 4 4A 4B 4C 4D 5 rv Amendments included 2002 Act No. 74 2003 Act No. 27 2003 Act No. 63 (amd 2003 Act No. 88) — 2004 Act No. 53 2005 Act No. 16 2003 Act No. 63 (amd 2005 Act No. 16) 2006 Act No. 39 2007 Act No. 2 — 2007 Act No. 53 2008 Act No. 25 2008 Act No. 25 2009 Act No. 9 2009 Act No. 25 2009 Act No. 24 2009 Act No. 40 — 2010 Act No. 50 2010 Act No. 41 2011 Act No. 39 2011 Act No. 18 2012 Act No. 11 Effective 31 March 2003 1 July 2003 1 January 2004 1 January 2004 29 November 2004 27 May 2005 1 January 2006 30 October 2006 23 March 2007 23 March 2007 9 November 2007 1 July 2008 1 August 2008 1 July 2009 2 November 2009 1 December 2009 1 December 2009 5 November 2010 20 December 2010 24 November 2011 1 January 2012 29 June 2012 5A 2012 Act No. 25 1 November 2012 Notes R1D withdrawn, see R2 R2E withdrawn, see R3 R3F withdrawn, see R4 Revision notice issued for R5 Current as at 30 June 2013 1 July 2013 23 September 2013 Amendments included — 2013 Act No. 27 2013 Act No. 39 Notes prov exp 29 June 2013 Page 176 Current as at 30 June 2014

Current as at 1 November 2013 2 November 2013 22 November 2013 30 June 2014 Vocational Education, Training and Employment Act 2000 Endnotes Amendments included 2013 Act No. 51 — 2013 Act No. 49 — Notes prov exp 1 November 2013 provs exp 29 June 2014 4 List of legislation Vocational Education, Training and Employment Act 2000 No. 23 (prev Training and Employment Act 2000) date of assent 27 June 2000 ss 1–2 commenced on date of assent sch 1 amdt 15 commenced 1 July 1999 (see s 2(1)) sch 1 amdt 77 commenced 1 July 2000 (see s 2(2)) s 292, sch 1 amdts 1–14, 16–76, 78–81 commenced 23 July 2000 (2000 SL No. 197) remaining provisions commenced 28 September 2000 (2000 SL No. 248) amending legislation— Discrimination Law Amendment Act 2002 No. 74 ss 1–2, 90 sch date of assent 13 December 2002 ss 1–2 commenced on date of assent remaining provisions commenced 31 March 2003 (2003 SL No. 51) Workers’ Compensation and Rehabilitation Act 2003 No. 27 ss 1–2(2), 622 sch 5 date of assent 23 May 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (see s 2(2)) Training Reform Act 2003 No. 63 pts 1–2 (this Act is amended, see amending legislation below) date of assent 13 October 2003 ss 1–2 commenced on date of assent ss 31(2), 38 never proclaimed into force and om 2005 No. 16 ss 40, 42 ss 7–8, 10–11, 23, 26–29, 37, 40, 44(2)–(3), 46, 53(7) commenced 1 January 2006 (see s 2(1)) remaining provisions commenced 1 January 2004 (2003 SL No. 293) amending legislation— Education and Other Legislation (Student Protection) Amendment Act 2003 No. 88 pts 1, 6 (amends 2003 No. 63 above) date of assent 18 November 2003 ss 1–2 commenced on date of assent remaining provisions commenced 31 December 2003 (2003 SL No. 345) Current as at 30 June 2014 Page 177

Vocational Education, Training and Employment Act 2000 Endnotes Vocational Education, Training and Employment Amendment Act 2005 No. 16 pts 1, 4 (amends 2003 No. 63 above) date of assent 29 April 2005 ss 1–2 commenced on date of assent remaining provisions commenced 27 May 2005 (2005 SL No. 93) Statute Law (Miscellaneous Provisions) Act 2004 No. 53 date of assent 29 November 2004 commenced on date of assent Vocational Education, Training and Employment Amendment Act 2005 No. 16 pts 1–2 date of assent 29 April 2005 ss 1–2 commenced on date of assent remaining provisions commenced 27 May 2005 (2005 SL No. 93) Education (General Provisions) Act 2006 No. 39 ss 1, 2(3), 512(1) sch 1 date of assent 11 August 2006 ss 1–2 commenced on date of assent remaining provisions commenced 30 October 2006 (2006 SL No. 247) Vocational Education, Training and Employment and Other Acts Amendment Act 2007 No. 2 pts 1–2 date of assent 16 February 2007 ss 1–2 commenced on date of assent remaining provisions commenced 23 March 2007 (2007 SL No. 34) Vocational Education, Training and Employment and Other Legislation Amendment Act 2007 No. 53 pts 1–2 date of assent 9 November 2007 commenced on date of assent Higher Education (General Provisions) Act 2008 No. 25 ss 1–2, 157–163, 164 sch 1 date of assent 9 May 2008 ss 1–2 commenced on date of assent ss 157–163 commenced 1 July 2008 (2008 SL No. 182) remaining provisions commenced 1 August 2008 (2008 SL No. 242) Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 4 pt 7 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Page 178 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009 No. 25 pt 1, s 83 sch date of assent 11 August 2009 ss 1–2 commenced on date of assent remaining provisions commenced 2 November 2009 (2009 SL No. 241) Education and Training Legislation Amendment Act 2009 No. 40 pts 1, 8 date of assent 15 October 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 267) Education and Training Legislation (Skills Queensland) Amendment Act 2010 No. 41 pts 1–2, s 3 sch date of assent 14 October 2010 ss 1–2 commenced on date of assent remaining provisions commenced 20 December 2010 (2010 SL No. 338) Education and Training Legislation Amendment Act 2010 No. 50 pts 1, 4 date of assent 5 November 2010 commenced on date of assent Work Health and Safety Act 2011 No. 18 ss 1–2, 404 sch 4 pt 1 date of assent 6 June 2011 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2012 (2011 SL No. 238) Education and Training Legislation Amendment Act 2011 No. 39 s 1, pt 10 date of assent 24 November 2011 commenced on date of assent Vocational Education and Training (Commonwealth Powers) Act 2012 No. 11 pts 1, 6, s 43 sch pt 2 date of assent 27 June 2012 ss 1–2 commenced on date of assent remaining provisions commenced 29 June 2012 (see s 2) Fiscal Repair Amendment Act 2012 No. 25 ss 1, 2(5), pt 12 date of assent 21 September 2012 ss 1–2 commenced on date of assent remaining provisions commenced 1 November 2012 (see s 2(5)) TAFE Queensland Act 2013 No. 27 ss 1–2, 70 sch 1 pt 2 date of assent 3 June 2013 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2013 (2013 SL No. 108) Treasury and Trade and Other Legislation Amendment Act 2013 No. 39 ss 1, 109 sch 2 date of assent 23 September 2013 commenced on date of assent Current as at 30 June 2014 Page 179

Vocational Education, Training and Employment Act 2000 Endnotes Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 No. 49 pts 1–2, s 28 sch 1 date of assent 29 October 2013 ss 1–2 commenced on date of assent remaining provisions commenced 22 November 2013 (2013 SL No. 227) Directors’ Liability Reform Amendment Act 2013 No. 51 ss 1–2(1), pt 75 date of assent 29 October 2013 ss 1–2 commenced on date of assent remaining provisions commenced 1 November 2013 (see s 2(1)) 5 List of annotations Long title sub 2003 No. 63 s 4 Short title s 1 sub 2003 No. 63 s 5 Objectives s 3 amd 2003 No. 63 s 6; 2004 No. 53 s 2 sch; 2010 No. 41 s 4; 2012 No. 11 s 25 What is an apprenticeship s 7 amd 2003 No. 63 s 7; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 What is a traineeship s 8 amd 2003 No. 63 s 8; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 What is a training plan s 13 amd 2004 No. 53 s 2 sch What is a registered training organisation s 14 sub 2012 No. 11 s 26 CHAPTER 2—TRAINING ORGANISATIONS ch hdg sub 2003 No. 63 s 9 om 2012 No. 11 s 27 PART 1—PRELIMINARY pt hdg sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Division 1—Applying for registration div hdg om 2003 No. 63 s 9 Application s 18 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Definitions for ch 2 s 19 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 def ANTA om 2007 No. 2 s 4(1) Page 180 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes def ANTA agreement om 2007 No. 2 s 4(1) def AQTF amd 2007 No. 2 s 4(3) def Commonwealth Act sub 2007 No. 2 s 4(1)–(2) def Ministerial Council sub 2007 No. 2 s 4(1)–(2) def nationally endorsed amd 2007 No. 2 s 4(4) def National Quality Council ins 2007 No. 2 s 4(2) def qualification amd 2007 No. 2 s 4(5) def skill set ins 2010 No. 50 s 25(1) def standards for accreditation of courses amd 2007 No. 2 s 4(3) def standards for registered training organisations amd 2007 No. 2 s 4(3) def standards for State and Territory registering and course accrediting bodies amd 2007 No. 2 s 4(3) def statement of attainment amd 2010 No. 50 s 25(2) Division 2—Provisions about amending, suspending and cancelling registration div hdg om 2003 No. 63 s 9 Division 3—False statements div hdg om 2003 No. 63 s 9 Division 4—Other provisions div hdg om 2003 No. 63 s 9 PART 2—NATIONAL REGISTRATION pt hdg sub 2003 No. 63 s 9 om 2012 No. 11 s 27 National register and national effect of registration s 20 sub 2003 No. 63 s 9 amd 2007 No. 2 s 5; 2010 No. 50 s 26 om 2012 No. 11 s 27 PART 3—REGISTERED TRAINING ORGANISATIONS pt hdg ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Division 1—Requirement for registration div hdg ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Offence to falsely claim to be a registered training organisation s 21 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Division 2—Registration activities in this jurisdiction div hdg ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Registration and scope of registration s 22 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Current as at 30 June 2014 Page 181

Vocational Education, Training and Employment Act 2000 Endnotes Applying in this jurisdiction for registration s 23 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Decision about registration s 24 sub 2003 No. 63 s 9 amd 2004 No. 53 s 2 sch; 2003 No. 63 s 10 om 2012 No. 11 s 27 Suitability for registration s 25 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Registration conditions s 26 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Condition—continued suitability for registration s 27 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Condition—compulsory participation phase s 27A ins 2003 No. 63 s 11 om 2012 No. 11 s 27 Term of registration s 28 sub 2003 No. 63 s 9 amd 2005 No. 16 s 4 om 2012 No. 11 s 27 Amending registration on application by registered training organisation s 29 sub 2003 No. 63 s 9 amd 2010 No. 41 s 3 sch om 2012 No. 11 s 27 Removal of registered details on registration expiry or on application s 30 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Procedure for amending, suspending or cancelling registration s 31 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Amending, suspending or cancelling registration without application on particular grounds s 32 sub 2003 No. 63 s 9 amd 2005 No. 16 s 5 om 2012 No. 11 s 27 Cancelling registration on change of business operations s 33 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Page 182 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Effect of suspension of registration of training organisation s 34 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Return of registration certificate s 35 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Council to register amendment, suspension or cancellation s 36 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Division 3—Audit powers div hdg ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Audit of training organisation registered by the council s 37 sub 2003 No. 63 s 9 amd 2005 No. 16 s 6 om 2012 No. 11 s 27 Audit of training organisation registered by another registering body s 38 sub 2003 No. 63 s 9 amd 2005 No. 16 s 7 om 2012 No. 11 s 27 Conduct of audit s 39 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Powers not limited by compliance audit provisions s 40 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Division 4—Other powers div hdg ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Function or power may be used to support national scheme s 41 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Information may be made available to other registering bodies s 42 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Division 5—Other provisions div hdg ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Issuing qualifications and statements of attainment s 43 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Current as at 30 June 2014 Page 183

Vocational Education, Training and Employment Act 2000 Endnotes Assessment of skills or knowledge by registered training organisation s 44 sub 2003 No. 63 s 9 amd 2004 No. 53 s 2 sch om 2012 No. 11 s 27 Cancellation of qualification or statement of attainment by registered training organisation prov hdg amd 2009 No. 40 s 48(1) s 45 sub 2003 No. 63 s 9 amd 2009 No. 40 s 48(2) om 2012 No. 11 s 27 Cancellation of qualification or statement of attainment by council s 45A ins 2009 No. 40 s 49 om 2012 No. 11 s 27 Public notice of cancellation of qualification or statement of attainment s 45B ins 2009 No. 40 s 49 om 2012 No. 11 s 27 Offence to falsely claim to hold qualification or statement of attainment s 45C ins 2009 No. 40 s 49 om 2012 No. 11 s 27 PART 4—ACCREDITED COURSES pt hdg ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Division 1—Requirement for accreditation div hdg ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Offence of falsely claiming to provide an accredited course s 46 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 Division 2—Course accreditation activities in this jurisdiction div hdg ins 2003 No. 63 s 9 om 2012 No. 11 s 27 CHAPTER 3—APPRENTICES AND TRAINEES PART 1A—DECLARING APPRENTICESHIPS OR TRAINEESHIPS pt hdg ins 2013 No. 49 s 5 Declaring apprenticeships or traineeships s 47 prev s 47 sub 2003 No. 63 s 9 om 2012 No. 11 s 27 pres s 47 ins 2013 No. 49 s 5 Decision about accreditation s 47A ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Page 184 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Accreditation conditions s 47B ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Term of accreditation s 47C ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Procedure for amending accreditation s 47D ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Cancellation of accreditation on application s 47E ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Amendment or cancellation of accreditation without application s 47F ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Reassessment of accredited course s 47G ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Council to give notice of decision and register amendment or cancellation s 47H ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Return of registration certificate s 47I ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Expiry of accreditation s 47J ins 2003 No. 63 s 9 om 2012 No. 11 s 27 Term of training contract s 49 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Probationary period s 50 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Employer to give training contract to chief executive for registration prov hdg amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 6(1) s 53 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 6(2) Registering training contract s 54 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Chief executive may keep register s 54A ins 2013 No. 49 s 4 Amending or assigning registered training contract s 57 amd 2003 No. 63 s 12; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Current as at 30 June 2014 Page 185

Vocational Education, Training and Employment Act 2000 Endnotes Minor amendment of registered training contract s 58 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Statutory assignment or cancellation of registered training contract s 59 amd 2003 No. 63 s 13 Reinstatement in previous position s 60 om 2003 No. 63 s 14 Cancelling training contract for inability to perform contract on stated grounds s 63 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Suspension and cancellation for serious misconduct s 64 sub 2003 No. 63 s 15 amd 2011 No. 18 s 404 sch 4 pt 1; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Chief executive’s power to reinstate training prov hdg amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 s 65 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Cancelling registration of training contract s 66 amd 2003 No. 63 s 16; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Employer to notify supervising registered training organisation s 69 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Definition for div 5 s 70 def misconduct amd 2003 No. 63 s 17; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Discipline s 71 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Notice of issue of qualification or statement of attainment on completion of training prov hdg amd 2012 No. 11 s 28(1) s 73 amd 2012 No. 11 s 28(2)–(6); 2013 No. 49 s 28 sch 1 Authorising issue of qualification or statement of attainment s 73A ins 2007 No. 2 s 6 om 2012 No. 11 s 29 Cancelling completion certificate s 76 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Delayed completion of registered training contract s 77 amd 2003 No. 63 s 18; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Cancellation or completion of registered training contract terminates employment s 78 amd 2003 No. 63 s 19; 2013 No. 49 s 28 sch 1 Employer to report notifiable events s 82 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Page 186 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Prohibited employers s 83 amd 2003 No. 63 s 20; 2009 No. 40 s 50; 2011 No. 18 s 404 sch 4 pt 1; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Revocation of declaration as prohibited employer s 84 amd 2009 No. 40 s 51; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Temporary stand down under registered training contract s 86 amd 2003 No. 63 s 21; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Restricted callings s 89 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 CHAPTER 3A—SPECIAL PROVISIONS TO COMPLEMENT COMPULSORY PARTICIPATION PHASE ch hdg ins 2003 No. 63 s 22 Relationship with other legislation s 106A ins 2003 No. 63 s 22 amd 2006 No. 39 s 512(1) sch 1 Ministerial declaration ‘Stepping forward: improving pathways for all young people’ s 106B ins 2003 No. 63 s 22 Chief executive to ensure diversity and accessibility of employment skills development programs s 106C ins 2003 No. 63 s 23 CHAPTER 4—VOCATIONAL PLACEMENT Applying for recognition of vocational placement scheme s 108 sub 2005 No. 16 s 8 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 How chief executive deals with application prov hdg amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 s 109 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Offering course if vocational placement scheme not recognised s 110 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Registered training organisation to arrange vocational placement s 111 amd 2004 No. 53 s 2 sch; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Application of Work Health and Safety Act 2011 prov hdg amd 2011 No. 18 s 404 sch 4 pt 1 s 115 a md 2011 No. 18 s 404 sch 4 pt 1 Registration of vocational placement agreement for long placement s 118 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Extending vocational placement s 121 amd 2002 No. 74 s 90 sch; 2004 No. 53 s 2 sch; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Current as at 30 June 2014 Page 187

Vocational Education, Training and Employment Act 2000 Endnotes Amending vocational placement agreement s 122 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Cancelling vocational placement agreement s 123 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Workers compensation cover s 124 amd 2003 No. 27 s 622 sch 5 PART 4—VET LEGISLATION DISPLACEMENT PROVISION pt 4 (s 132A) ins 2012 No. 11 s 30 exp 29 June 2014 (see s 132A(2)) CHAPTER 5—SKILLS QUEENSLAND ch hdg amd 2005 No. 16 s 9; 2010 No. 41 s 5; 2012 No. 11 s 43 sch pt 2; 2012 No. 25 s 181 om 2013 No. 49 s 7 PART 1—TRAINING OMBUDSMAN pt hdg sub 2003 No. 63 s 24 om 2012 No. 25 s 182 Division 1—Appointment and functions div hdg om 2012 No. 25 s 182 Appointing training ombudsman prov hdg sub 2003 No. 63 s 25(1) s 133 amd 2003 No. 63 s 25(2) om 2012 No. 25 s 182 Functions of ombudsman s 134 amd 2003 No. 63 s 26; 2012 No. 11 s 43 sch pt 2 om 2012 No. 25 s 182 Administrative support s 135 om 2012 No. 25 s 182 Division 2—Dealing with complaints div hdg sub 2003 No. 63 s 27(1) reloc 2003 No. 63 s 27(2) om 2012 No. 25 s 182 Ombudsman may refuse to deal with certain complaints s 136 om 2012 No. 25 s 182 Ombudsman to refuse to deal with matters before industrial commission s 137 om 2012 No. 25 s 182 Ombudsman may require information and documents from Skills Queensland prov hdg amd 2012 No. 11 s 43 sch pt 2 s 138 amd 2012 No. 11 s 43 sch pt 2 om 2012 No. 25 s 182 Ombudsman may recommend further steps in investigation s 139 amd 2012 No. 11 s 43 sch pt 2 Page 188 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes om 2012 No. 25 s 182 Ombudsman may recommend exercise of power s 140 amd 2012 No. 11 s 43 sch pt 2 om 2012 No. 25 s 182 Ombudsman to report findings s 141 amd 2012 No. 11 s 43 sch pt 2 om 2012 No. 25 s 182 Division 3—Reviewing decisions about employment exemptions div hdg ins 2003 No. 63 s 29 om 2012 No. 25 s 182 Who may apply for review s 141A ins 2003 No. 63 s 29 amd 2012 No. 11 s 43 sch pt 2 om 2012 No. 25 s 182 How to apply for review s 141B ins 2003 No. 63 s 29 om 2012 No. 25 s 182 Ombudsman may refuse to deal with matters before QCAT s 141BA ins 2009 No. 24 s 283 om 2012 No. 25 s 182 Skills Queensland to provide material to ombudsman prov hdg amd 2012 No. 11 s 43 sch pt 2 s 141C ins 2003 No. 63 s 29 amd 2012 No. 11 s 43 sch pt 2 om 2012 No. 25 s 182 Ombudsman to review decision and report findings s 141D ins 2003 No. 63 s 29 amd 2009 No. 24 s 284; 2012 No. 11 s 43 sch pt 2 om 2012 No. 25 s 182 Division 4—Other provisions div hdg (prev div 3 hdg) renum 2003 No. 63 s 28 om 2012 No. 25 s 182 Vacating office s 142 om 2012 No. 25 s 182 Acting ombudsman s 143 om 2012 No. 25 s 182 Conditions of appointment s 144 amd 2004 No. 53 s 2 sch om 2012 No. 25 s 182 Arrangements between the ombudsman and QCAT s 144A ins 2009 No. 24 s 285 Current as at 30 June 2014 Page 189

Vocational Education, Training and Employment Act 2000 Endnotes om 2012 No. 25 s 182 Annual report s 145 amd 2003 No. 63 s 30 om 2012 No. 25 s 182 PART 2—SKILLS QUEENSLAND pt hdg orig pt 2 hdg om 2005 No. 16 s 10 prev pt 2 hdg ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Division 1—Establishment div hdg orig div 1 hdg om 2005 No. 16 s 10 prev div 1 hdg ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Establishment of Skills Queensland s 146 orig s 146 om 2005 No. 16 s 10 prev s 146 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Skills Queensland represents the State s 147 orig s 147 amd 2003 No. 63 s 31(1) om 2005 No. 16 s 10 prev s 147 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Application of other Acts s 148 orig s 148 om 2005 No. 16 s 10 prev s 148 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Division 2—Functions and powers div hdg orig div 2 hdg om 2005 No. 16 s 10 prev div 2 hdg ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Functions s 149 orig s 149 amd 2003 No. 63 s 32 om 2005 No. 16 s 10 prev s 149 ins 2010 No. 41 s 6 amd 2012 No. 11 s 31 om 2013 No. 49 s 7 Skills and workforce development investment plan s 150 orig s 150 om 2005 No. 16 s 10 prev s 150 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Powers s 151 orig s 151 om 2005 No. 16 s 10 prev s 151 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Page 190 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Delegation s 152 orig s 152 amd 2004 No. 53 s 2 sch om 2005 No. 16 s 10 prev s 152 ins 2010 No. 41 s 6 amd 2012 No. 11 s 32 om 2013 No. 49 s 7 Guidelines s 152A ins 2012 No. 11 s 33 om 2013 No. 49 s 7 Approval of forms s 152B ins 2012 No. 11 s 33 om 2013 No. 49 s 7 Division 3—Membership div hdg orig div 3 hdg om 2005 No. 16 s 10 prev div 3 hdg ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Members s 153 orig s 153 om 2005 No. 16 s 10 prev s 153 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Eligibility for appointment s 154 orig s 154 om 2005 No. 16 s 10 prev s 154 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Chairperson of Skills Queensland s 155 orig s 155 om 2005 No. 16 s 10 prev s 155 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Deputy chairperson of Skills Queensland s 156 orig s 156 om 2005 No. 16 s 10 prev s 156 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Term of appointment s 157 orig s 157 om 2005 No. 16 s 10 prev s 157 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Conditions of appointment s 158 orig s 158 om 2005 No. 16 s 10 prev s 158 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Disqualification as appointed member s 159 orig s 159 om 2005 No. 16 s 10 prev s 159 ins 2010 No. 41 s 6 Current as at 30 June 2014 Page 191

Vocational Education, Training and Employment Act 2000 Endnotes om 2013 No. 49 s 7 Termination of appointment s 160 orig s 160 om 2005 No. 16 s 10 prev s 160 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Resignation s 161 orig s 161 om 2005 No. 16 s 10 prev s 161 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Vacancy of office s 162 orig s 162 om 2005 No. 16 s 10 prev s 162 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Leave of absence s 163 orig s 163 om 2005 No. 16 s 10 prev s 163 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Division 4—Business div hdg orig div 4 hdg om 2005 No. 16 s 10 prev div 4 hdg ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Conduct of business s 164 orig s 164 om 2005 No. 16 s 10 prev s 164 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Times and places of meetings s 165 orig s 165 amd 2003 No. 63 s 33 om 2005 No. 16 s 10 prev s 165 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Quorum s 166 orig s 166 om 2005 No. 16 s 10 prev s 166 ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Presiding at meetings s 166A ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Participation of chief executive officer in meetings of Skills Queensland s 166B ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Attendance by proxy s 166C ins 2010 No. 41 s 6 Page 192 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes om 2013 No. 49 s 7 Conduct of meetings s 166D ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Minutes s 166E ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Division 5—Chief executive officer div 5 (ss 166F–166O) ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Division 6—Other staff div 6 (ss 166P–166Q) ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Division 7—Criminal history div 7 (ss 166R–166T) ins 2010 No. 41 s 6 om 2013 No. 49 s 7 Division 8—Miscellaneous provisions div 8 (ss 166U–166W) ins 2010 No. 41 s 6 om 2013 No. 49 s 7 PART 3—PARTICULAR FUNCTIONS OF SKILLS QUEENSLAND pt hdg amd 2003 No. 63 s 34 sub 2012 No. 25 s 183 om 2013 No. 49 s 7 Division 1—Establishment and functions div hdg om 2012 No. 11 s 34 Establishment of council s 167 amd 2003 No. 63 s 35 om 2012 No. 11 s 34 Council’s functions s 168 sub 2003 No. 63 s 36 amd 2005 No. 16 s 11; 2003 No. 63 s 37 (amd 2005 No. 16 s 41); 2006 No. 39 s 512(1) sch 1; 2007 No. 2 s 7; 2008 No. 25 s 158; 2010 No. 41 s 3 sch om 2012 No. 11 s 34 Council subject to Minister s 169 sub 2005 No. 16 s 12 om 2012 No. 11 s 34 Division 2—Council membership div hdg om 2012 No. 11 s 34 Council membership s 170 amd 2003 No. 63 s 39; 2005 No. 16 s 13; 2006 No. 39 s 512(1) sch 1 om 2012 No. 11 s 34 Current as at 30 June 2014 Page 193

Vocational Education, Training and Employment Act 2000 Endnotes Council chairperson s 171 om 2012 No. 11 s 34 Term of appointment to council s 172 om 2012 No. 11 s 34 Conditions of appointment to council s 173 amd 2004 No. 53 s 2 sch om 2012 No. 11 s 34 Disqualifications for appointment to council s 174 om 2012 No. 11 s 34 Vacating office s 175 om 2012 No. 11 s 34 Division 3—Council meetings div hdg om 2012 No. 11 s 34 Times and places of council meetings s 176 om 2012 No. 11 s 34 Presiding at council meetings s 177 om 2012 No. 11 s 34 Voting at council meetings s 178 om 2012 No. 11 s 34 Quorum for council meetings s 179 om 2012 No. 11 s 34 Conduct of council meetings s 180 om 2012 No. 11 s 34 Council minutes s 181 om 2012 No. 11 s 34 Division 4—Recognition certificates div hdg om 2013 No. 49 s 7 Recognition of work or training by Skills Queensland prov hdg amd 2012 No. 11 s 43 sch pt 2 s 182 amd 2012 No. 11 s 43 sch pt 2 om 2013 No. 49 s 7 Division 5—Declaring apprenticeships or traineeships div hdg om 2013 No. 49 s 7 Declaring apprenticeships or traineeships s 183 amd 2012 No. 11 s 43 sch pt 2 om 2013 No. 49 s 7 Division 5A—Deciding employment exemptions div hdg ins 2003 No. 63 s 40 om 2013 No. 49 s 7 Page 194 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Application for employment exemption s 183A ins 2003 No. 63 s 40 amd 2010 No. 41 s 3 sch; 2012 No. 11 s 43 sch pt 2 om 2013 No. 49 s 7 Decision about employment exemption s 183B ins 2003 No. 63 s 40 amd 2009 No. 24 s 286; 2012 No. 11 s 43 sch pt 2; 2012 No. 25 s 184 om 2013 No. 49 s 7 Amending or cancelling employment exemption s 183C ins 2003 No. 63 s 40 amd 2009 No. 24 s 287; 2012 No. 11 s 43 sch pt 2; 2012 No. 25 s 185 om 2013 No. 49 s 7 Division 5B—Recognising non-departmental programs div hdg ins 2003 No. 63 s 40 om 2013 No. 49 s 7 employment skills development Skills Queensland may recognise program prov hdg amd 2012 No. 11 s 43 sch pt 2 s 183D ins 2003 No. 63 s 40 amd 2006 No. 39 s 512(1) sch 1; 2012 No. 11 s 43 sch pt 2 om 2013 No. 49 s 7 Skills Queensland must maintain register prov hdg amd 2012 No. 11 s 43 sch pt 2 s 183E ins 2003 No. 63 s 40 amd 2012 No. 11 s 43 sch pt 2 om 2013 No. 49 s 7 Division 6—Other provisions div hdg om 2012 No. 11 s 34 How council signs documents s 184 om 2012 No. 11 s 34 Council may require production of documents s 185 om 2012 No. 11 s 34 Delegation by council s 186 amd 2010 No. 41 s 3 sch om 2012 No. 11 s 34 Establishing committees s 187 amd 2003 No. 63 s 41 sub 2005 No. 16 s 14 om 2012 No. 11 s 34 Chief executive to help council s 188 amd 2005 No. 16 s 15; 2010 No. 41 s 3 sch om 2012 No. 11 s 34 Current as at 30 June 2014 Page 195

Vocational Education, Training and Employment Act 2000 Endnotes Approved guidelines s 189 sub 2005 No. 16 s 16 om 2012 No. 11 s 34 Approval of forms s 190 om 2012 No. 11 s 34 Report on council’s operations s 190A ins 2005 No. 16 s 17 om 2012 No. 11 s 34 CHAPTER 6—TAFE INSTITUTES TAFE institute council’s functions s 194 amd 2005 No. 16 s 18 Composition of TAFE institute council s 196 amd 2003 No. 63 s 42; 2005 No. 16 s 19; 2006 No. 39 s 512(1) sch 1 Report on TAFE institute council’s operations s 211 amd 2003 No. 63 s 43 PART 3—COLLEGE COUNCILS pt 3 (ss 212–216) om 2005 No. 16 s 20 Chief executive’s functions for TAFE institutes s 217 amd 2003 No. 63 s 44 CHAPTER 6A—STATUTORY TAFE INSTITUTES ch hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 PART 1—PRELIMINARY pt hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Purpose of ch 6A s 218 orig s 218 amd 2005 No. 16 s 21 om 2007 No. 2 s 8 prev s 218 ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 PART 2—ESTABLISHMENT OF STATUTORY TAFE INSTITUTES pt hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 1—Establishment div hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Establishing statutory TAFE institutes s 218A ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Page 196 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Statutory TAFE institute is body corporate s 218B ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Statutory TAFE institute represents the State s 218C ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Statutory TAFE institute is not a TAFE institute s 218D ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 2—Functions and powers div hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Functions of a statutory TAFE institute s 218E ins 2007 No. 53 s 3 amd 2011 No. 39 s 42 om 2013 No. 27 s 70 sch 1 pt 2 Powers of a statutory TAFE institute s 218F ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Statutory TAFE institute may enter into work performance arrangements s 218G ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Delegation by statutory TAFE institute s 218H ins 2007 No. 53 s 3 amd 2010 No. 41 s 3 sch om 2013 No. 27 s 70 sch 1 pt 2 Division 3—Other matters div hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Changing corporate name of statutory TAFE institute s 218I ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Statutory TAFE institute is a statutory body s 218J ins 2007 No. 53 s 3 amd 2009 No. 9 s 136 sch 1 om 2013 No. 27 s 70 sch 1 pt 2 PART 3—ACCOUNTABILITY OF STATUTORY TAFE INSTITUTES pt hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 1—Operational plans div hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Current as at 30 June 2014 Page 197

Vocational Education, Training and Employment Act 2000 Endnotes Purpose of div 1 s 218K ins 2007 No. 53 s 3 amd 2009 No. 9 s 136 sch 1 om 2013 No. 27 s 70 sch 1 pt 2 Requirement to comply with operational plan s 218L ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Content of operational plan s 218M ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Preparation of draft operational plan s 218N ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Special procedures for draft operational plans s 218O ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 When draft operational plan has effect s 218P ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Operational plan pending agreement s 218Q ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Amendment of operational plan s 218R ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 2—Agreements with chief executive div 2 (ss 218S–218T) ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 3—Reporting requirements div 3 (ss 218U–218V) ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 4—Returns payable by statutory TAFE institutes div hdg ins 2007 No. 53 s 3 amd 2011 No. 39 s 43 om 2013 No. 27 s 70 sch 1 pt 2 Payment of returns prov hdg amd 2011 No. 39 s 44(1) s 218W ins 2007 No. 53 s 3 amd 2011 No. 39 s 44(2)–(3) om 2013 No. 27 s 70 sch 1 pt 2 Page 198 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Interim returns prov hdg amd 2011 No. 39 s 45(1) s 218X ins 2007 No. 53 s 3 amd 2011 No. 39 s 45(2)–(3) om 2013 No. 27 s 70 sch 1 pt 2 Return payment for financial year in which TAFE institute becomes a statutory TAFE institute prov hdg amd 2011 No. 39 s 46(1) s 218Y amd 2011 No. 39 s 46(2) om 2013 No. 27 s 70 sch 1 pt 2 Interim return for financial year in which TAFE institute becomes a statutory TAFE institute prov hdg amd 2011 No. 39 s 47 s 218Z amd 2011 No. 39 s 47 om 2013 No. 27 s 70 sch 1 pt 2 Division 5—Reserve powers of Minister div hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Minister’s power to notify statutory TAFE institute of public sector policies s 219 orig s 219 amd 2005 No. 16 s 22 om 2007 No. 2 s 8 prev s 219 ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Minister’s power to give directions in public interest s 219A ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Notice of concern about financial viability because of notice or direction prov hdg amd 2011 No. 39 s 48(1) s 219B ins 2007 No. 53 s 3 amd 2011 No. 39 s 48(2)–(4) om 2013 No. 27 s 70 sch 1 pt 2 PART 4—BOARD OF STATUTORY TAFE INSTITUTE pt hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 1—Board’s functions div 1 (ss 219C–219D) ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 2—Appointment etc. of board div 2 (ss 219E–219R) ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 3—Board business div 3 (ss 219S–219Y) ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Current as at 30 June 2014 Page 199

Vocational Education, Training and Employment Act 2000 Endnotes Division 4—Committees of a board div hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Committees for certain purposes s 219Z ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Other matters about statutory committees s 220 orig s 220 amd 2005 No. 16 s 23 om 2007 No. 2 s 8 prev s 220 ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Other committees s 220A ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Remuneration of committee members s 220B ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 5—Removal of board div hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Removal of statutory TAFE institute’s board s 220C ins 2007 No. 53 s 3 amd 2009 No. 9 s 136 sch 1 om 2013 No. 27 s 70 sch 1 pt 2 PART 5—EXECUTIVE OFFICER OF STATUTORY TAFE INSTITUTE pt hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Statutory TAFE institute’s executive officer s 220D ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Duties of executive officer s 220E ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Things done by executive officer s 220F ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Delegation by executive officer s 220G ins 2007 No. 53 s 3 amd 2010 No. 41 s 3 sch om 2013 No. 27 s 70 sch 1 pt 2 Page 200 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Appointment of acting executive officer s 220H ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Resignation of executive officer s 220I ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Termination of executive officer’s appointment s 220J ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 PART 6—AMALGAMATING OR INSTITUTES pt hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 DISSOLVING Division 1—Preliminary div 1 (s 220K) ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 2—Amalgamation or dissolution div 1 (s 220L–M) ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Division 3—Effect of amalgamation or dissolution div 1 (s 220N–Q) ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 PART 7—MISCELLANEOUS PROVISIONS pt hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Annual report s 220R ins 2007 No. 53 s 3 amd 2009 No. 9 s 136 sch 1 om 2013 No. 27 s 70 sch 1 pt 2 Protection from liability s 220S ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Review of operation of a statutory TAFE institute s 220T ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Delegation by Minister s 220U ins 2007 No. 53 s 3 amd 2010 No. 41 s 3 sch om 2013 No. 27 s 70 sch 1 pt 2 Chief executive’s functions for statutory TAFE institutes s 220V ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 STATUTORY TAFE Current as at 30 June 2014 Page 201

Vocational Education, Training and Employment Act 2000 Endnotes Preservation of rights in relation to public service employees s 220W ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Secondment as employee of statutory TAFE institute s 220X ins 2007 No. 53 s 3 amd 2009 No. 25 s 83 sch om 2013 No. 27 s 70 sch 1 pt 2 PART 8—OTHER PROVISIONS ABOUT CHANGE TO STATUTORY TAFE INSTITUTE pt hdg ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Definitions for pt 8 s 220Y ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Transfer of assets, liabilities etc. to statutory TAFE institute s 220Z ins 2007 No. 53 s 3 amd 2008 No. 25 s 164 sch 1; 2012 No. 11 s 35 om 2013 No. 27 s 70 sch 1 pt 2 References to former TAFE institute s 220ZA ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Dissolution of TAFE institute council s 220ZB ins 2007 No. 53 s 3 om 2013 No. 27 s 70 sch 1 pt 2 Applications made for former TAFE institute prov hdg amd 2010 No. 41 s 3 sch s 220ZC ins 2007 No. 53 s 3 amd 2008 No. 25 s 164 sch 1 om 2013 No. 27 s 70 sch 1 pt 2 CHAPTER 7—GROUP TRAINING ORGANISATIONS ch hdg prev ch 7 hdg om 2007 No. 2 s 8 pres ch 7 hdg ins 2007 No. 2 s 9 PART 1—INDUSTRY TRAINING ADVISORY BODIES pt hdg om 2007 No. 2 s 8 PART 2—GROUP TRAINING ORGANISATIONS pt hdg om 2007 No. 2 s 9 Recognition of group training organisation s 221 amd 2005 No. 16 s 24; 2008 No. 25 s 159; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Withdrawal of recognition s 223 amd 2005 No. 16 s 25; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Page 202 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes CHAPTER 7A—PRINCIPAL EMPLOYER ORGANISATIONS ch hdg ins 2008 No. 25 s 160 Recognition of principal employer organisation s 223A ins 2008 No. 25 s 160 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 Function of principal employer organisation s 223B ins 2008 No. 25 s 160 Withdrawal of recognition s 223C ins 2008 No. 25 s 160 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 CHAPTER 8—REVIEWS AND APPEALS ch hdg amd 2009 No. 24 s 288 PART 1—TRAINING RECOGNITION DECISIONS AND EMPLOYMENT EXEMPTION DECISIONS pt hdg sub 2003 No. 63 s 45 Review by QCAT s 224 amd 2003 No. 63 s 46; 2007 No. 2 s 10; 2008 No. 25 s 161 sub 2009 No. 24 s 289 amd 2012 No. 11 s 36; 2012 No. 25 s 186 Starting appeals s 225 amd 2005 No. 16 s 26 om 2009 No. 24 s 290 Stay of operation of decisions s 226 om 2009 No. 24 s 290 Hearing procedures s 227 amd 2005 No. 16 s 27 om 2009 No. 24 s 290 Powers of court on appeal s 228 amd 2005 No. 16 s 28 om 2009 No. 24 s 290 Appeal to District Court on question of law s 229 om 2009 No. 24 s 290 Appeal to industrial commission against particular decisions of chief executive prov hdg amd 2012 No. 11 s 37(1); 2013 No. 49 s 8(1) s 230 amd 2003 No. 63 s 47 (amd 2003 No. 88 s 43); 2007 No. 2 s 11; 2009 No. 40 s 52; 2012 No. 11 s 37(2)–(5); 2013 No. 49 s 8(2) Appeal to Industrial Court on question of law s 244 amd 2009 No. 40 s 53 Current as at 30 June 2014 Page 203

Vocational Education, Training and Employment Act 2000 Endnotes CHAPTER 9—GENERAL PART 1—ADMINISTRATION Division 1—Chief executive’s functions and powers Subdivision 1—Functions and powers generally sdiv hdg ins 2013 No. 49 s 9 Chief executive’s powers s 245 amd 2013 No. 49 s 10 Guidelines s 245A ins 2013 No. 49 s 11 Delegations s 246 amd 2010 No. 41 s 3 sch sub 2013 No. 49 s 12 Subdivision 2—Recognition certificates sdiv 2 (s 250A) ins 2013 No. 49 s 13 Subdivision 3—Deciding employment exemptions sdiv 3 (ss 250B–250D) ins 2013 No. 49 s 13 Subdivision 4—Recognising non-departmental employment skills development programs sdiv 4 (ss 250E–250F) ins 2013 No. 49 s 13 Power to enter places s 262 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 14 False or misleading statements to official s 277 amd 2005 No. 16 s 29; 2012 No. 11 s 43 sch pt 2; 2012 No. 25 s 187; 2013 No. 49 s 15 Offences about false or misleading statements or documents s 279 amd 2007 No. 2 s 12; 2012 No. 11 s 38 Executive officers must ensure corporation complies with prescribed provision s 280 amd 2007 No. 2 s 13; 2012 No. 11 s 39 om 2013 No. 51 s 216 Disclosure of interests by member of disclosure body s 282 amd 2005 No. 16 s 30; 2007 No. 53 s 4; 2010 No. 41 s 7; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 16 Other disclosure of interests s 284 amd 2004 No. 53 s 2 sch; 2010 No. 41 s 8; 2012 No. 25 s 188; 2013 No. 49 s 17 Protection of confidentiality s 286 amd 2012 No. 11 s 43 sch pt 2; 2012 No. 25 s 189; 2013 No. 49 s 28 sch 1 Evidentiary provisions s 289 amd 2005 No. 16 s 31; 2010 No. 41 s 9; 2012 No. 11 s 43 sch pt 2; 2012 No. 25 s 190; 2013 No. 49 s 18 Page 204 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Protection from liability s 290 amd 2005 No. 16 s 32; 2010 No. 41 s 10; 2012 No. 11 s 43 sch pt 2; 2012 No. 25 s 191; 2013 No. 49 s 19 Approved forms s 290A ins 2013 No. 49 s 20 Regulation-making power s 291 amd 2003 No. 63 s 48; 2012 No. 11 s 40 CHAPTER 10—REPEALS AND TRANSITIONAL PROVISIONS ch hdg amd 2003 No. 63 s 49 PART 1—REPEALS pt hdg prev pt 1 hdg om R1 (see RA s 40) pres pt 1 hdg (prev pt 2 hdg) renum 2003 No. 63 s 50 Division 1—Consequential amendments of Industrial Relations Act 1999 div 1 (s 292) om R1 (see RA s 40) Division 2—Consequential amendments of other Acts div 2 (s 293) om R1 (see RA s 40) PART 2—TRANSITIONAL PROVISIONS FOR ACT No. 23 OF 2000 pt hdg (prev pt 3 hdg) sub 2003 No. 63 s 51 Definitions for pt 2 s 295 prov hdg amd 2007 No. 2 s 14 Existing regulations s 310 exp 28 September 2001 (see s 310(5)) PART 3—TRANSITIONAL PROVISIONS FOR TRAINING REFORM ACT 2003 pt hdg ins 2003 No. 63 s 52 Division 1—General transitional provisions div hdg ins 2003 No. 63 s 52 References to Training and Employment Act 2000 s 317 ins 2003 No. 63 s 52 Apprenticeship and traineeship ombudsman s 318 ins 2003 No. 63 s 52 Training Recognition Council s 319 ins 2003 No. 63 s 52 Amending or assigning registered training contract s 320 ins 2003 No. 63 s 52 Appeal to industrial commission against council or other decision s 321 ins 2003 No. 63 s 52 Amendment of subordinate legislation by Act does not affect power of Governor in Council s 322 ins 2003 No. 63 s 52 Current as at 30 June 2014 Page 205

Vocational Education, Training and Employment Act 2000 Endnotes om 2013 No. 39 s 109 sch 2 Division 2—Transitional provisions for training organisations div hdg ins 2003 No. 63 s 52 Definitions for div 2 s 323 ins 2003 No. 63 s 52 Details on register on commencement s 324 ins 2003 No. 63 s 52 amd 2007 No. 2 s 15 Application for registration s 325 ins 2003 No. 63 s 52 Contravention of registration condition s 326 ins 2003 No. 63 s 52 Return of registration certificate s 327 ins 2003 No. 63 s 52 Show cause notice issued s 328 ins 2003 No. 63 s 52 Issuing qualifications and statements of attainment s 329 ins 2003 No. 63 s 52 Assessment of skills or knowledge s 330 ins 2003 No. 63 s 52 Return of qualification or statement of attainment s 331 ins 2003 No. 63 s 52 Application for course accreditation s 332 ins 2003 No. 63 s 52 Amendment or cancellation of accreditation without application s 333 ins 2003 No. 63 s 52 PART 4—TRANSITIONAL PROVISIONS FOR VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT AMENDMENT ACT 2005 pt hdg ins 2005 No. 16 s 33 Division 1—Provisions about Training and Employment Board div hdg ins 2005 No. 16 s 33 Definitions for div 1 s 334 ins 2005 No. 16 s 33 Dissolution of Training and Employment Board s 335 ins 2005 No. 16 s 33 References to board taken to be references to council s 336 ins 2005 No. 16 s 33 Page 206 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Existing decisions of board s 337 ins 2005 No. 16 s 33 Continuation of recognition of group training organisation and industry training advisory body s 338 ins 2005 No. 16 s 33 Applications for recognition of group training organisation or industry training advisory body s 339 ins 2005 No. 16 s 33 Remission of matters by magistrates court to board s 340 ins 2005 No. 16 s 33 om 2009 No. 24 s 291 Division 2—Provision about TAFE institute council div 2 (s 341) ins 2005 No. 16 s 33 Division 3—Provision about TAFE institute college council div 3 (s 342) ins 2005 No. 16 s 33 Division 4—Transitional provision for vocational placement scheme div 4 (s 343) ins 2005 No. 16 s 33 PART 5—TRANSITIONAL PROVISION FOR HIGHER EDUCATION (GENERAL PROVISIONS) ACT 2008 pt 5 (s 344) ins 2008 No. 25 s 162 PART 6—TRANSITIONAL PROVISIONS FOR EDUCATION AND TRAINING LEGISLATION (SKILLS QUEENSLAND) AMENDMENT ACT 2010 pt hdg ins 2010 No. 41 s 11 First skills and workforce development investment plan s 345 ins 2010 No. 41 s 11 Amendment of regulations s 346 ins 2010 No. 41 s 11 om 2013 No. 39 s 109 sch 2 PART 7—TRANSITIONAL PROVISIONS FOR THE VOCATIONAL EDUCATION AND TRAINING (COMMONWEALTH POWERS) ACT 2012 pt hdg ins 2012 No. 11 s 41 Definitions for pt 7 s 347 ins 2012 No. 11 s 41 Documents held by council that become documents of Skills Queensland s 348 ins 2012 No. 11 s 41 Nominal terms of training contracts for apprenticeships and traineeships s 349 ins 2012 No. 11 s 41 Process to decide whether to shorten or lengthen probationary period s 350 ins 2012 No. 11 s 41 Current as at 30 June 2014 Page 207

Vocational Education, Training and Employment Act 2000 Endnotes Probationary periods for apprenticeships and traineeships s 351 ins 2012 No. 11 s 41 Training contracts received by the council but not yet registered s 352 ins 2012 No. 11 s 41 Continuation of registration of training contracts s 353 ins 2012 No. 11 s 41 Process to amend or assign registered training contract s 354 ins 2012 No. 11 s 41 Decision about amendment or assignment of registered training contract s 355 ins 2012 No. 11 s 41 Minor amendment of registered training contract s 356 ins 2012 No. 11 s 41 Application to cancel training contract s 357 ins 2012 No. 11 s 41 Cancellation of training contract s 358 ins 2012 No. 11 s 41 Application to cancel training contract or confirm suspension s 359 ins 2012 No. 11 s 41 Cancellation of training contract or suspension of apprentice or trainee s 360 ins 2012 No. 11 s 41 Application for cancelled training contract to resume s 361 ins 2012 No. 11 s 41 Order to resume or undertake training s 362 ins 2012 No. 11 s 41 Process to cancel registration of training contract s 363 ins 2012 No. 11 s 41 Cancellation of registration of training contract s 364 ins 2012 No. 11 s 41 Discipline orders s 365 ins 2012 No. 11 s 41 Cancellation of completion certificate s 366 ins 2012 No. 11 s 41 Application to extend nominal term of registered training contract s 367 ins 2012 No. 11 s 41 Decision to extend or refuse to extend nominal term of registered training contract s 368 ins 2012 No. 11 s 41 Declaration of employer to be prohibited employer s 369 ins 2012 No. 11 s 41 Page 208 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Request by prohibited employer to revoke declaration s 370 ins 2012 No. 11 s 41 Decision about declaration that employer is a prohibited employer s 371 ins 2012 No. 11 s 41 Application by employer to temporarily stand down apprentice or trainee s 372 ins 2012 No. 11 s 41 Decision about application to stand down apprentice or trainee s 373 ins 2012 No. 11 s 41 Declaration of calling to be restricted calling s 374 ins 2012 No. 11 s 41 Application to recognise vocational placement scheme s 375 ins 2012 No. 11 s 41 Decision to recognise or refuse to recognise vocational placement scheme s 376 ins 2012 No. 11 s 41 Vocational placement agreement sent by registered training organisation s 377 ins 2012 No. 11 s 41 Decision to register or refuse to register vocational placement agreement for long placement s 378 ins 2012 No. 11 s 41 Application to extend approved time for vocational placement s 379 ins 2012 No. 11 s 41 Decision to extend or refuse to extend vocational placement s 380 ins 2012 No. 11 s 41 Ombudsman to continue to perform functions in relation to things done by council s 381 ins 2012 No. 11 s 41 Application to have skills and knowledge in a calling recognised s 382 ins 2012 No. 11 s 41 Recognition certificate issued by council s 383 ins 2012 No. 11 s 41 Decision by council to cancel a recognition certificate s 384 ins 2012 No. 11 s 41 Declaration of training to be apprenticeship or traineeship s 385 ins 2012 No. 11 s 41 Application for employment exemption for young person s 386 ins 2012 No. 11 s 41 Decision about employment exemption s 387 ins 2012 No. 11 s 41 Current as at 30 June 2014 Page 209

Vocational Education, Training and Employment Act 2000 Endnotes Application to amend or cancel employment exemption s 388 ins 2012 No. 11 s 41 Decision to amend or cancel employment exemption s 389 ins 2012 No. 11 s 41 Process to recognise non-departmental employment skills development program s 390 ins 2012 No. 11 s 41 Recognition of non-departmental employment skills development program s 391 ins 2012 No. 11 s 41 Process to recognise corporation as group training organisation s 392 ins 2012 No. 11 s 41 Recognition of corporation as group training organisation s 393 ins 2012 No. 11 s 41 Process to withdraw recognition of corporation as group training organisation s 394 ins 2012 No. 11 s 41 Withdrawal of recognition of corporation as group training organisation s 395 ins 2012 No. 11 s 41 Process to recognise entity as principal employer organisation s 396 ins 2012 No. 11 s 41 Recognition of entity as principal employer organisation s 397 ins 2012 No. 11 s 41 Process to withdraw recognition of entity as principal employer organisation s 398 ins 2012 No. 11 s 41 Withdrawal of recognition of entity as principal employer organisation s 399 ins 2012 No. 11 s 41 Skills Queensland substituted for council in proceedings in QCAT and industrial commission s 400 ins 2012 No. 11 s 41 Appeal in industrial commission about decisions of council s 401 ins 2012 No. 11 s 41 Skills Queensland to replace council for matter remitted by industrial commission s 402 ins 2012 No. 11 s 41 Delegations by council to continue as delegations by Skills Queensland s 403 ins 2012 No. 11 s 41 Guidelines for council to continue as guidelines for Skills Queensland s 404 ins 2012 No. 11 s 41 Council’s approved forms to continue as approved forms of Skills Queensland s 405 ins 2012 No. 11 s 41 Page 210 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes Transitional regulation-making power s 406 ins 2012 No. 11 s 41 exp 29 June 2013 (see s 406(4)) PART 8—TRANSITIONAL PROVISIONS FOR FISCAL REPAIR AMENDMENT ACT 2012 pt hdg ins 2012 No. 25 s 192 Definitions for pt 8 s 407 ins 2012 No. 25 s 192 End of appointment s 408 ins 2012 No. 25 s 192 Documents and records s 409 ins 2012 No. 25 s 192 Transitional regulation-making power s 410 ins 2012 No. 25 s 192 exp 1 November 2013 (see s 410(5)) PART 9—TRANSITIONAL PROVISIONS FOR VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT (SKILLS QUEENSLAND) AND ANOTHER ACT AMENDMENT ACT 2013 pt 9 (ss 411–425) ins 2013 No. 49 s 21 SCHEDULE 1—AMENDMENTS OF INDUSTRIAL RELATIONS ACT 1999 om R1 (see RA s 40) SCHEDULE 2—CONSEQUENTIAL AMENDMENTS OF OTHER ACTS om R1 (see RA s 40) SCHEDULE 3—DICTIONARY def accreditation ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def accredited sub 2003 No. 63 s 53(3)–(4) om 2012 No. 11 s 42(1) def adverse decision about an employment exemption ins 2003 No. 63 s 53(7) om 2012 No. 25 s 193(1) def amalgamation regulation ins 2007 No. 53 s 5 om 2013 No. 27 s 70 sch 1 pt 2 def amended ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def another jurisdiction ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def ANTA ins 2003 No. 63 s 53(4) om 2007 No. 2 s 16(1) def ANTA agreement ins 2003 No. 63 s 53(4) om 2007 No. 2 s 16(1) def appointed members sub 2010 No. 41 s 12(2); 2013 No. 49 s 22 Current as at 30 June 2014 Page 211

Vocational Education, Training and Employment Act 2000 Endnotes def appropriately qualified ins 2010 No. 41 s 12(1) amd 2012 No. 11 s 43 sch pt 2 sub 2012 No. 11 s 42 def approved form sub 2012 No. 11 s 42; 2013 No. 49 s 22 def approved guideline sub 2005 No. 16 s 34(1)–(2); 2012 No. 11 s 42; 2013 No. 49 s 22 def AQF ins 2003 No. 63 s 53(4) sub 2012 No. 11 s 42 def AQTF ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def board om 2005 No. 16 s 34(1) def chief executive officer ins 2010 No. 41 s 12(1) om 2013 No. 49 s 22(1) def commission amd 2010 No. 41 s 3 sch def commissioner of police ins 2007 No. 53 s 5 def Commonwealth Act ins 2003 No. 63 s 53(4) sub 2012 No. 11 s 42 def community service obligation ins 2007 No. 53 s 5 om 2013 No. 27 s 70 sch 1 pt 2 def completion certificate amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 def compliance audit ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def compulsory participation phase ins 2003 No. 63 s 53(7) sub 2006 No. 39 s 512(1) sch 1 def condition ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def corporation amd 2010 No. 41 s 3 sch def corresponding law sub 2003 No. 63 s 53(3)–(4) om 2012 No. 11 s 42(1) def council sub 2003 No. 63 s 53(1)–(2) om 2012 No. 11 s 42(1) def course accrediting body ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def criminal history ins 2007 No. 53 s 5 def departmental employment skills development program ins 2003 No. 63 s 53(7) def dissolution regulation ins 2007 No. 53 s 5 om 2013 No. 27 s 70 sch 1 pt 2 def employment exemption ins 2003 No. 63 s 53(7) sub 2010 No. 41 s 3 sch def former body amd 2010 No. 41 s 3 sch def former industry placement Act amd 2010 No. 41 s 3 sch def government entity ins 2007 No. 53 s 5 amd 2009 No. 25 s 83 sch def group training organisation amd 2004 No. 53 s 2 sch; 2005 No. 16 s 35(3); 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 def guideline om 2012 No. 11 s 42(1) Page 212 Current as at 30 June 2014

Vocational Education, Training and Employment Act 2000 Endnotes def hosting arrangement ins 2008 No. 25 s 163 def industrial body amd 2010 No. 41 s 3 sch def industrial commission ins 2003 No. 63 s 53(2) def industry training advisory body amd 2005 No. 16 s 34(4) om 2007 No. 2 s 16(1) def information notice amd 2003 No. 63 s 53(5)–(6); 2005 No. 16 s 34(5); 2009 No. 24 s 292; 2012 No. 11 s 43 sch pt 2; 2012 No. 25 s 193(2); 2013 No. 49 s 28 sch 1 def insolvent under administration ins 2007 No. 53 s 5 def jurisdiction ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def legislative compliance standard ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def Ministerial Council ins 2003 No. 63 s 53(4) sub 2007 No. 2 s 16 om 2012 No. 11 s 42(1) def ministerial declaration ‘Stepping forward: improving pathways for all young people’ ins 2003 No. 63 s 53(2) def nationally endorsed ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def National Quality Council ins 2007 No. 2 s 16(2) om 2012 No. 11 s 42(1) def national register ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def national standards ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def national training system of qualifications om 2003 No. 63 s 53(3) def new training contract amd 2010 No. 41 s 3 sch def non-departmental employment skills development program ins 2003 No. 63 s 53(7) sub 2013 No. 49 s 22 def ombudsman sub 2003 No. 63 s 53(1)–(2) om 2012 No. 25 s 193(1) def operational plan ins 2007 No. 53 s 5 amd 2009 No. 9 s 136 sch 1 om 2013 No. 27 s 70 sch 1 pt 2 def principal employer organisation ins 2008 No. 25 s 163 amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 def probationary period amd 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 def prohibition ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def qualification sub 2003 No. 63 s 53(3)–(4); 2012 No. 11 s 42 def recognition certificate sub 2013 No. 49 s 22 def referrable matter om 2012 No. 25 s 193(1) def registered sub 2003 No. 63 s 53(3)–(4) om 2012 No. 11 s 42(1) Current as at 30 June 2014 Page 213

Vocational Education, Training and Employment Act 2000 Endnotes def registered training organisation sub 2003 No. 63 s 53(3)–(4); 2012 No. 11 s 42 def registering body ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def registration ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def restricted calling amd 2004 No. 53 s 2 sch; 2012 No. 11 s 43 sch pt 2; 2013 No. 49 s 28 sch 1 def restriction ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def return ins 2011 No. 39 s 49 om 2013 No. 27 s 70 sch 1 pt 2 def scope of registration ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def spent conviction ins 2007 No. 53 s 5 def standards for accreditation of courses ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def standards for registered training organisations ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def standards for State and Territory registering and course accrediting bodies ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def statement of attainment sub 2003 No. 63 s 53(3)–(4); 2012 No. 11 s 42 def State Training Council amd 2010 No. 41 s 3 sch def statutory committee ins 2007 No. 53 s 5 om 2013 No. 27 s 70 sch 1 pt 2 def statutory TAFE institute ins 2007 No. 53 s 5 om 2013 No. 27 s 70 sch 1 pt 2 def this jurisdiction ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def training package ins 2003 No. 63 s 53(4) om 2012 No. 11 s 42(1) def unit of competency ins 2003 No. 63 s 53(4) sub 2012 No. 11 s 42 def vocational education and training ins 2003 No. 63 s 53(4) sub 2012 No. 11 s 42 def work performance arrangement ins 2007 No. 53 s 5 def young adult ins 2003 No. 63 s 53(2) ATTACHMENT—MINISTERIAL DECLARATION ‘STEPPING FORWARD: IMPROVING PATHWAYS FOR ALL YOUNG PEOPLE’ ins 2003 No. 63 s 54 © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 214 Current as at 30 June 2014

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