Vocational Education, Training and Employment Regulation 1991


Queensland Crest
VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT REGULATION 1991
Queensland Training and Employment Act 2000 VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT REGULATION 1991 Reprinted as in force on 12 January 2001 (includes amendments up to SL No. 328 of 2000) Reprint No. 3D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This regulation is reprinted as at 12 January 2001. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints.
Queensland VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT REGULATION 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Meaning of “ACE course” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Meaning of “at cost” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Meaning of “nominal hours” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Meaning of “official college publication” . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Meaning of “student services” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Meaning of “tuition fee” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—FEES OTHER THAN FOR THE AUSTRALIAN RECOGNITION FRAMEWORK Division 1—Fees for State college services and other services 10 Fees for State college services and other services . . . . . . . . . . . . . . . . . . . . 5 11 Facilities fee for ACE courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2—Fee exemptions, refunds and time to pay 12 Government funded subjects for which there are no tuition or student services fees and free tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Government funded subjects for which there are no tuition fees . . . . . . . . . 6 14 Replacement of non-CBT program with CBT program . . . . . . . . . . . . . . . . 6 15 Director may waive fees for professional development of college staff . . . 7 16 Industry placement hours—25% of fees payable for nominal industry placement hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2 Vocational Education, Training and Employment Regulation 1991 17 Fee adjustment for certain transfers and cancellations of enrolment in Government funded subjects . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 Fee exemption on grounds of extreme financial hardship . . . . . . . . . . . . . . 8 19 Tuition fee exemptions for government funded subjects . . . . . . . . . . . . . . . 8 20 Half fee exemption for ACE courses for students entitled to concessions under Commonwealth law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21 Allowing time to pay fees for government funded subjects . . . . . . . . . . . . . 10 22 Refund if subject or course cancelled by director . . . . . . . . . . . . . . . . . . . . . 11 23 Refund if enrolment cancelled before subject or course starts . . . . . . . . . . 11 24 Refund after government funded subject starts . . . . . . . . . . . . . . . . . . . . . . . 12 25 Refund if academic exemption received . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 26 Refund if re-evaluation successful . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 27 Refused applications for fee exemptions, refunds and time to pay . . . . . . . 12 28 Delegation of director’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 14 FEES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 17 DICTIONARY ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 22 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
s1 3 s5 Vocational Education, Training and Employment Regulation 1991 VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT REGULATION 1991 [as amended by all amendments that commenced on or before 12 January 2001] PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Vocational Education, Training and Employment Regulation 1991 . ˙ Commencement 2. This regulation commenced on 28 October 1991. ˙ Definitions 3. The dictionary in schedule 2 defines particular words used in this regulation. ˙ Meaning of “ACE course” 4. An “ACE course” is an adult community education course, offered at a State college, that is not run for profit and for which a person completing the course does not receive an award. ˙ Meaning of “at cost” 5. “At cost” , for a service, means the amount (not more than the reasonable cost of providing the service) the college director considers reasonable.
s6 4 s9 Vocational Education, Training and Employment Regulation 1991 ˙ Meaning of “nominal hours” 6. “Nominal hours” means— (a) for a government funded subject—the number of hours stated for the subject in an official syllabus; or (b) for an ACE course—the number of hours stated for the course in an official college publication. ˙ Meaning of “official college publication” 7. “Official college publication” of a college means a publication, or advertisement, about the college, approved by the director and available for purchase or inspection at the college. Examples— an approved college diary or handbook an approved course information sheet or brochure. ˙ Meaning of “student services” 8. “Student services” means any of the following services available to all students enrolled in a government funded subject at a college— student counselling or job placement service student activities coordination service student security service library service course information service recreational facilities and activities service disability support service. ˙ Meaning of “tuition fee” 9. “Tuition fee” means— (a) for a government funded subject—the fee payable as the student’s
s 10 5 Vocational Education, Training and Employment Regulation 1991 contribution to the cost of tuition in the subject; or (b) for an ACE course—the fee for tuition in the course. s 11 PART 2—FEES OTHER THAN FOR THE AUSTRALIAN RECOGNITION FRAMEWORK Division 1—Fees for State college services and other services ˙ Fees for State college services and other services 10.(1) The fees payable under the Act, other than for the Australian Recognition Framework, are in schedule 1, parts 1 to 3. (2) A student must pay a tuition fee or student services fee when enrolling. (3) However, a student may not have to pay a tuition fee or student services fee, or may be given time to pay the fee, under division 2. 1 (4) A fee for an ACE course is chargeable at an hourly rate only if an official college publication states the fee is chargeable at an hourly rate. ˙ Facilities fee for ACE courses 11.(1) A student in an ACE course must pay a facilities fee for the course. (2) The amount of the fee— (a) is worked out by dividing the cost of running the course by the number of students for the course stated in an official college publication; and (b) is the amount stated in an official college publication as payable by each student in the course as the student’s share of the cost of 1 Division 2 (Fee exemptions, refunds and time to pay)
s 12 6 s 14 Vocational Education, Training and Employment Regulation 1991 running the course. (3) The cost of enrolment or tuition is not counted in working out the facilities fee. (4) If the course is not an adult and community education course under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), the cost of running the course may be increased to take account of GST payable for the supply of the course. Division 2—Fee exemptions, refunds and time to pay ˙ Government funded subjects for which there are no tuition or student services fees and free tests 12. There is no tuition fee or student services fee for the following government funded subjects or tests— (a) a subject for which the Commonwealth or the State requires there be no fee; (b) a subject for tutors undertaken by someone who has agreed to tutor at a college free of charge; (c) a test (other than for a special entry apprentice) to decide placement in a literacy or numeracy program; (d) a learning support subject; (e) a subject undertaken at a college as part of the student’s secondary education. ˙ Government funded subjects for which there are no tuition fees 13. There is no tuition fee for an adult literacy or numeracy program funded by the State. ˙ Replacement of non-CBT program with CBT program 14.(1) This section applies if—
s 15 7 s 17 Vocational Education, Training and Employment Regulation 1991 (a) a student receives a subject result in a program that is not a CBT program; and (b) the subjects to complete the program are no longer offered by the college; and (c) the student enrols in a comparable CBT subject simply to receive a result in the CBT subject. (2) There is no tuition or student services fee for the comparable CBT subject. ˙ Director may waive fees for professional development of college staff 15. A director may waive payment of the tuition or student services fee for a subject approved by the director and taken by a staff member as professional development. ˙ Industry placement hours—25% of fees payable for nominal industry placement hours 16. Only 25% of the tuition and student services fee is payable for the nominal industry placement hours for a subject. ˙ Fee adjustment for certain transfers and cancellations of enrolment in Government funded subjects 17.(1) This section applies if a student enrolled in a government funded subject at a college— (a) transfers the enrolment to substantially the same subject at another college; or (b) cancels the enrolment and enrols in another subject at the same college no later than 2 weeks after the start of the cancelled subject. (2) Any tuition or student services fee payable on the original or cancelled enrolment must be applied to reduce the total amount of tuition and student services fees payable on the later enrolment.
s 18 8 s 19 Vocational Education, Training and Employment Regulation 1991 (3) Any balance of the tuition and student services fees paid on the original or cancelled enrolment must be refunded. ˙ Fee exemption on grounds of extreme financial hardship 18.(1) The director may exempt a student from a tuition fee or student services fee. (2) However, the director may grant the exemption only if the director is satisfied the student is suffering extreme financial hardship. (3) The student must apply for the exemption in the approved form when enrolling. ˙ Tuition fee exemptions for government funded subjects 19.(1) The director may exempt a student from 75% of the tuition fee for a government funded subject if— (a) the student has not completed year 12 and was or will be under 17 at the end of February in the year in which the subject is taken; or (b) for a subject taken at a senior college—the student was or will be under 18 at the end of February in the year in which the subject is taken; or (c) the student is an Aboriginal or Torres Strait Islander; or (d) the student— (i) holds a health care card or pensioner concession card issued under Commonwealth law; or (ii) is— (A) the partner or a dependant of a person who holds a health care card or pensioner concession card; and (B) named on the card; or (iii) has a document issued in an official form under Commonwealth law confirming that the student, the student’s partner or the person of whom the student is a dependant is entitled to concessions under a health care card
s 20 9 s 20 Vocational Education, Training and Employment Regulation 1991 or pensioner concession card. (2) The student must apply for the exemption in the approved form when enrolling. (3) Subsection (1)(d) does not apply if the student obtained a refund of fees for the subject. (4) A student applying for exemption under subsection (1)(d) must also, when applying, produce— (a) the card or a copy of it certified to be a true copy by a justice of the peace or commissioner for declarations; or (b) the document mentioned in subsection (1)(d)(iii). ˙ Half fee exemption for ACE courses for students entitled to concessions under Commonwealth law 20.(1) This section applies if— (a) a student holds a health care card issued under Commonwealth law; or (b) a student— (i) holds a pensioner concession card issued under Commonwealth law; and (ii) is entitled to the maximum rate of pension; or (c) a student— (i) is the partner or a dependant of a person who holds a health care card; and (ii) is named on the card; or (d) a student— (i) is the partner or a dependant of a person who— (A) holds a pensioner concession card; and (B) is entitled to the maximum rate of pension; and (ii) is named on the card.
s 21 10 s 21 Vocational Education, Training and Employment Regulation 1991 (2) This section also applies— (a) if a student has a document issued in an official form under Commonwealth law confirming that the student, the student’s partner or the person of whom the student is a dependant is entitled to concessions under a health care card; or (b) if— (i) a student has a document issued in an official form under Commonwealth law confirming that the student, the student’s partner or the person of whom the student is a dependant is entitled to concessions under a pensioner concession card; and (ii) the student, the student’s partner or the person of whom the student is a dependant is entitled to the maximum rate of pension. (3) If the tuition fee for an ACE course is chargeable at an hourly rate, the student may apply to the director for exemption from half of the tuition fee for the course. (4) The student must when enrolling apply for the exemption in the approved form and produce— (a) the card or a copy of it certified to be a true copy by a justice of the peace or commissioner for declarations; or (b) the document mentioned in subsection (2). (5) In this section— “maximum rate of pension” means the maximum rate of pension payable under the Commonwealth law under which a pensioner concession card or document mentioned in this section is issued. ˙ Allowing time to pay fees for government funded subjects 21.(1) A student may apply to the director for time to pay tuition fees or student services fees for a government funded subject if the total amount of tuition fees or student services fees payable when enrolling is more than $75.00.
s 22 11 s 23 Vocational Education, Training and Employment Regulation 1991 (2) The student must apply in the approved form when enrolling. (3) If the director allows the student time to pay the fees the director may enter into a written arrangement for payment of the fees. (4) The fees must be paid as required under the arrangement. (5) If the student does not pay the fees for a subject under the arrangement the director may withhold the student’s results for the subject until the fees are paid. (6) Subsection (5) is in addition to any other remedy available to the director. ˙ Refund if subject or course cancelled by director 22. If the director cancels a government funded subject or ACE course before it starts, the director must refund the fees paid for the subject or course. ˙ Refund if enrolment cancelled before subject or course starts 23.(1) If a student cancels enrolment in a government funded subject or ACE course before it starts, the director must refund the fees the student paid for the subject or course after deducting— (a) for an ACE course—the enrolment fee for the course; or (b) for a government funded subject—an administration charge of $10.00 for all subjects cancelled at the same time. (2) However, there is no refund for an ACE course unless the enrolment is cancelled no later than 2 days before the course starts. (3) This section does not apply if a tuition or student services fee payable on the cancelled enrolment must be applied to reduce fees payable on a later enrolment. 2 2 See section 17(2) (Fee adjustment for certain transfers and cancellations of enrolment in Government funded subjects)
s 24 12 s 27 Vocational Education, Training and Employment Regulation 1991 ˙ Refund after government funded subject starts 24.(1) If any of the following things happen while the student is undertaking a government funded subject, the student may apply to the director for a refund of the fees for the subject— (a) the student accepts a place offered through the Queensland Tertiary Admissions Centre; (b) the student suffers an illness or injury preventing the student from completing the subject; (c) exceptional circumstances prevent the student from completing the subject. (2) The student must apply in the approved form before the assessment for the subject ends. (3) The director may refund the fees after deducting an administration charge of $10.00 for all subjects to which the application relates. ˙ Refund if academic exemption received 25.(1) If a student has received an academic exemption from a government funded subject since enrolling in it, the student may apply to the director for a refund of fees for the subject. (2) The student must apply in the approved form within 5 weeks after the subject starts. ˙ Refund if re-evaluation successful 26. The director must refund the fee for re-evaluation of a result of a government funded subject to a student whose re-evaluation is successful. ˙ Refused applications for fee exemptions, refunds and time to pay 27.(1) If the director refuses an application for a fee exemption, refund or time to pay, the director must give the applicant written notice of the reasons for refusal. (2) A person who is refused an exemption, refund or time to pay may,
s 28 13 s 28 Vocational Education, Training and Employment Regulation 1991 within 7 days after the written notice is given, apply to the director for a reconsideration of the refusal. (3) The refusal must be reconsidered by a person more senior than the person who refused the original application. ˙ Delegation of director’s powers 28. A director may delegate the director’s powers under this regulation to a member of the college’s staff.
14 Vocational Education, Training and Employment Regulation 1991 ¡ SCHEDULE 1 FEES section 10 PART 1—GOVERNMENT FUNDED SUBJECTS AT STATE COLLEGES 1. Tuition fee for a subject— (a) for each nominal hour for the subject . . . . . . . . . . . (b) maximum fee for a program of study for each year starting on the first day of study in the program . . . 2. Tuition fee for 1 or more BSSSS subjects or equivalent subjects for a semester . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Student services fee for a subject— (a) for each nominal hour for the subject . . . . . . . . . . . (b) maximum fee for a program of study for each year starting on the first day of study in the program . . . 4. Student services fee for 1 or more BSSSS subjects or equivalent subjects for a semester . . . . . . . . . . . . . . . . . . 5. Application for re-evaluation of the result for a subject or part of a subject— (a) re-evaluation taking 1 hour or less . . . . . . . . . . . . . . (b) re-evaluation taking over 1 hour . . . . . . . . . . . . . . . 7. Supplying a person with a replacement of an award held by the person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Supplying a person with the person’s student academic history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Supplying a person with a replacement copy of the person’s result of assessment . . . . . . . . . . . . . . . . . . . . . 10. Supplying a person with a copy of another student record about the person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.85 672.00 43.00 0.20 158.20 54.00 27.00 at cost 12.95 8.60 8.60 8.60
15 Vocational Education, Training and Employment Regulation 1991 SCHEDULE 1 (continued) 11. Supplying a statement to the holder of an award certifying the award as equivalent to another award . . . . . . . . . . . . . 12. Late enrolment fee for 1 or more subjects enrolled in at the same time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Trade test or apprentice level test— (a) for a test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) maximum fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. Literacy or numeracy test for a special entry apprentice, payable by the person requesting the test . . . . . . . . . . . . . 15. Supply of student identification card . . . . . . . . . . . . . . . . 16. Supervising a student’s examination at a college other than the college at which the student is enrolled for the subject 8.60 10.80 at cost 263.10 97.25 at cost at cost PART 2—ACE COURSES AT STATE COLLEGES 17. Tuition fee for an ACE course— (a) for an ACE course that is an adult and community education course under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth)— (i) if the fee is chargeable at an hourly rate and a tutor only is supplied—for each nominal hour for the course . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) if the fee is chargeable at an hourly rate and a teacher only is supplied—for each nominal hour for the course . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) if the fee is chargeable at an hourly rate and a tutor and a teacher are supplied—for each nominal hour for the course . . . . . . . . . . . . . . . (iv) if the fee is not chargeable at an hourly rate . . . or (b) for any other ACE course— (i) if the fee is chargeable at an hourly rate and a tutor only is supplied—for each nominal hour for the course . . . . . . . . . . . . . . . . . . . . . . . . . . 1.75 3.40 5.20 at cost 1.90
16 Vocational Education, Training and Employment Regulation 1991 SCHEDULE 1 (continued) (ii) if the fee is chargeable at an hourly rate and a teacher only is supplied—for each nominal hour for the course . . . . . . . . . . . . . . . . . . . . . . . . . . 3.75 (iii) if the fee is chargeable at an hourly rate and a tutor and a teacher are supplied—for each nominal hour for the course . . . . . . . . . . . . . . . 5.70 (iv) if the fee is not chargeable at an hourly rate . . . at cost including any GST payable on the supply of the course 18. Enrolment fee— (a) for an ACE course that is an adult and community education course under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) . . . . . . 11.20 or (b) for any other ACE course . . . . . . . . . . . . . . . . . . . . 12.30 19. Facilities fee for each course . . . . . . . . . . . . . . . . . . . . . . the amount u nd er section 11 PART 3—APPRENTICESHIPS AND TRAINING AGREEMENTS 20. Extract from the register of apprentices . . . . . . . . . . . . . . 21. Certified copy of— (a) an indenture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a certificate of completion of apprenticeship . . . . . . (c) a training agreement . . . . . . . . . . . . . . . . . . . . . . . . . (d) a certificate of completion of training under a training agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.95 14.00 12.95 12.95 12.95
17 Vocational Education, Training and Employment Regulation 1991 ¡ SCHEDULE 2 DICTIONARY section 3 PART 1—DEFINITIONS FOR PARTS 2 AND 3 OF THIS REGULATION “ACE course” see section 4. “apprentice level test” means a test to assess whether an apprentice has successfully completed a level for an apprentice mentioned in an official syllabus. “approved form” means a form approved by the chief executive. “at cost” see section 5. “BSSSS” means Board of Senior Secondary School Studies under the Education (Senior Secondary School Studies) Act 1988 . “CBT” , of a subject, means competency based training to meet industry specified standards, under which a student is assessed as competent or not yet competent in the subject. “certificate of competency” has the meaning assigned to it under the Electricity Act 1976 ; “college” means a State college. “electrical apprentice” means an apprentice indentured in an apprenticeship calling in which a tradesperson performs electrical work. “electrical trainee” means a person employed as a trainee or trainee paraprofessional. “electrical work” has the meaning assigned to it under the Electricity Act 1976 .
18 Vocational Education, Training and Employment Regulation 1991 SCHEDULE 2 (continued) “exposed” has the meaning assigned to it under the Electricity Regulation 1989 . “government funded” includes funded or partly funded by a State or the Commonwealth. “high voltage” has the meaning assigned to it under the Electricity Act 1976 . “industry placement” see Vocational Education and Training (Industry Placement) Act 1992 , section 8. “late enrolment” means enrolment for a subject after the closing time for enrolment stated in an official college publication. “learning support subject” means a subject intended to increase a student’s general ability to learn. “low voltage” has the meaning assigned to it under the Electricity Act 1976 . “minor repairs” includes— (a) the renewal of secondary fuses; and (b) the replacement of switches and similar accessories; and (c) the repair of portable electrical appliances or flexible cord sets; but does not include repairs to or in connection with— (d) lifts, hoists or conveyors for the carriage of persons; or (e) x-ray or other medical equipment; or (f) industrial heating equipment. “nominal hours” see section 6. “nominal industry placement hours” , for a subject, means the number of industry placement hours for the subject stated in an official syllabus. “official college publication” see section 7. “official syllabus” , for a subject, means a document outlining a course accredited by the Accreditation Council or BSSSS. “paraprofessional” means a person who—
19 Vocational Education, Training and Employment Regulation 1991 SCHEDULE 2 (continued) (a) works at a level below a professional level in the workforce; and (b) possesses qualifications at an associate diploma level; and (c) has appropriate experience for that level of work. “program of study” means 1 or more subjects identified in an official college publication as a program. “special entry apprentice” means a person who— (a) the State Training Council allows to enter into an apprenticeship; and (b) does not have the minimum standard of education for the apprenticeship. “student” includes a person enrolling as a student. “student services” see section 8. “subject” includes module. “trade test” mean a test to assess whether a person has skills and knowledge appropriate to a particular trade. “tuition fee” see section 9. PART 2—DEFINITIONS FOR PART 4 OF THIS REGULATION (PROVISIONS FOR AUSTRALIAN RECOGNITION FRAMEWORK) “accreditation” means accreditation in Queensland under the framework. “associated higher qualification level product” means a product that includes a subset of competencies, which if satisfactorily completed, leads to the associated lower qualification. “Australian Recognition Framework” means the Australian Recognition Framework developed under instructions from the Australian National
20 Vocational Education, Training and Employment Regulation 1991 SCHEDULE 2 (continued) Training Authority Ministerial Council. “complaint” means a complaint of non-compliance made against a registered training organisation or quality endorsed organisation to the Accreditation Council. “compliance” , for a registered training organisation or an organisation with quality endorsed status, means compliance with the requirements the organisation must comply with under the framework to obtain or retain its registration or status. “compliance audit” means an audit of compliance, carried out in or outside Queensland or Australia, that is— (a) initiated and managed by the Accreditation Council; and (b) carried out on a registered training organisation or an organisation with quality endorsed status. “expenses at cost” means travel, accommodation, communication and other expenses reasonably incurred. “ISO” means International Standards Organisation. “notification” means notification to the Accreditation Council under the framework. “registration” means registration in Queensland under the framework. “skill recognition services” means skill recognition services (assessment only) and issue of qualifications and statements of attainment. “quality endorsed status” means quality endorsed status granted in Queensland under the framework. “service fee” means a fee for providing— (a) ongoing information about the framework and developments in it; and (b) compliance audits under this regulation for which no fee is charged under this schedule. “the framework” see section 38.
21 Vocational Education, Training and Employment Regulation 1991 SCHEDULE 2 (continued) “training delivery” means training delivery, assessment and issue of qualifications and statements of attainment. “vocational training areas” means the vocational training areas decided by the chief executive.
22 Vocational Education, Training and Employment Regulation 1991 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 12 January 2001. Future amendments of the Vocational Education, Training and Employment Regulation 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
23 Vocational Education, Training and Employment Regulation 1991 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL = sub = unnum = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory Instruments Regulation 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 none 1 July 1992 2 to SL No. 411 of 1992 20 August 1993 2A to SL No. 300 of 1995 6 August 1996 2B to SL No. 284 of 1996 21 March 1997 3 to SL No. 380 of 1997 2 January 1998 3A to SL No. 221 of 1999 9 November 1999 3B to SL No. 143 of 2000 21 July 2000 3C to SL No. 267 of 2000 27 October 2000
24 Vocational Education, Training and Employment Regulation 1991 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Renumbered provisions Reprint No. 3 ´ 6 List of legislation Vocational Education, Training and Employment Regulation 1991 SL No. 102 made by the Governor in Council on 10 October 1991 pubd ind gaz 12 October 1991 pp 363–72 ss 1–2 commenced on date of publication remaining provisions commenced 28 October 1991 (see s 2) exp 28 September 2001 (2000 No. 23 s 310(5)) as amended by— Vocational Education, Training and Employment (No. 1) 1992 SL No. 411 notfd gaz 11 December 1992 pp 1830–3 commenced on date of notification Amendment Regulation Vocational Education, Training and Employment Amendment (No. 1) 1995 SL No. 300 notfd gaz 27 October 1995 pp 863–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1996 (see s 2) Regulation Vocational Education, Training and Employment Amendment (No. 1) 1996 SL No. 284 notfd gaz 18 October 1996 pp 633–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1997 (see s 2) Regulation Vocational Education, Training and Employment Amendment (No. 1) 1997 SL No. 380 notfd gaz 7 November 1997 pp 967–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1998 (see s 2) Regulation Vocational Education, Training and Employment Amendment (No. 1) 1999 SL No. 132 notfd gaz 25 June 1999 pp 932–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1999 (see s 2) Regulation
25 Vocational Education, Training and Employment Regulation 1991 Vocational Education, Training and Employment Amendment (No. 2) 1999 SL No. 221 notfd gaz 24 September 1999 pp 346–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2000 (see s 2) Regulation Employment, Training and Industrial Relations Legislation Regulation (No. 1) 2000 SL No. 143 pts 1, 3 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Amendment Training and Employment Regulation 2000 SL No. 267 s 1, pt 7 notfd gaz 20 October 2000 pp 647–8 commenced on date of notification Vocational Education, Training and Employment Amendment (No. 1) 2000 SL No. 328 notfd gaz 15 December 2000 pp 1478–83 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2001 (see s 2) Regulation ´ 7 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 8. PART 1—PRELIMINARY pt hdg ins 1995 SL No. 300 s 4 Definitions s 3 def “ACE course” ins 1995 SL No. 300 s 5 def “apprentice level test” ins 1995 SL No. 300 s 5 def “approved form” ins 1995 SL No. 300 s 5 def “at cost” ins 1995 SL No. 300 s 5 def “BSSSS” ins 1995 SL No. 300 s 5 def “CBT” ins 1996 SL No. 284 s 4(2) def “college” ins 1995 SL No. 300 s 5 def “government funded” ins 1995 SL No. 300 s 5 sub 1996 SL No. 284 s 4(1)–(2) def “industry placement” ins 1996 SL No. 284 s 4(2) def “late enrolment” ins 1995 SL No. 300 s 5 def “learning support subject” ins 1995 SL No. 300 s 5 def “nominal hours” ins 1995 SL No. 300 s 5 def “nominal industry placement hours” ins 1996 SL No. 284 s 4(2) def “number of students” ins 1995 SL No. 300 s 5 om 1996 SL No. 284 s 4(1) def “official college publication” ins 1995 SL No. 300 s 5 def “official syllabus” ins 1995 SL No. 300 s 5
26 Vocational Education, Training and Employment Regulation 1991 def “out of trade apprentice” ins 1995 SL No. 300 s 5 om 1996 SL No. 284 s 4(1) def “program of study” ins 1995 SL No. 300 s 5 def “special entry apprentice” ins 1995 SL No. 300 s 5 def “student” ins 1995 SL No. 300 s 5 def “student services” ins 1995 SL No. 300 s 5 def “subject” ins 1995 SL No. 300 s 5 def “trade test” ins 1995 SL No. 300 s 5 def “tuition fee” ins 1995 SL No. 300 s 5 prev s 3 defs reloc sch 2 pt 1 1999 SL No. 132 s 4(1) pres s 3 sub 1999 SL No. 132 ss 4(2)–5 Meaning of “ACE course” s 4 ins 1995 SL No. 300 s 6 Meaning of “at cost” s 5 ins 1995 SL No. 300 s 6 Meaning of “nominal hours” s 6 ins 1995 SL No. 300 s 6 Meaning of “official college publication” s 7 ins 1995 SL No. 300 s 6 Meaning of “student services” s 8 ins 1995 SL No. 300 s 6 Meaning of “tuition fee” s 9 ins 1995 SL No. 300 s 6 PART 2—FEES OTHER THAN FOR THE AUSTRALIAN RECOGNITION FRAMEWORK pt hdg ins 1995 SL No. 300 s 6 sub 1999 SL No. 132 s 6 Division 1—Fees for State college services and other services div hdg ins 1995 SL No. 300 s 6 Fees for State college services and other services prov hdg sub 1999 SL No. 132 s 7 s 10 sub 1995 SL No. 300 s 6 amd 1999 SL No. 132 s 7 Facilities fee for ACE courses s 11 ins 1995 SL No. 300 s 6 amd 2000 SL No. 143 s 6 Division 2—Fee exemptions, refunds and time to pay div hdg ins 1995 SL No. 300 s 6 Government funded subjects for which there are no tuition or student services fees and free tests s 12 ins 1995 SL No. 300 s 6 amd 1996 SL No. 284 s 5; 1997 SL No. 380 s 4
27 Vocational Education, Training and Employment Regulation 1991 Government funded subjects for which there are no tuition fees s 13 ins 1996 SL No. 284 s 6 amd 1997 SL No. 380 s 5 Replacement of non-CBT program with CBT program s 14 orig s 14 om R1 (see RA s 40) prev s 14 ins 1995 SL No. 300 s 7 exp 2 January 1998 (see s 14(2)) pres s 14 ins 1996 SL No. 284 s 6 Director may waive fees for professional development of college staff s 15 ins 1996 SL No. 284 s 6 Industry placement hours—25% of fees payable for nominal industry placement hours prov hdg amd 1997 SL No. 380 s 6(1) s 16 ins 1996 SL No. 284 s 6 amd 1997 SL No. 380 s 6(2) Fee adjustment for certain transfers and cancellations of enrolment in Government funded subjects s 17 ins 1996 SL No. 284 s 6 Fee exemption on grounds of extreme financial hardship s 18 ins 1995 SL No. 300 s 6 Tuition fee exemptions for government funded subjects s 19 ins 1995 SL No. 300 s 6 amd 1996 SL No. 284 s 7; 1997 SL No. 380 s 7 Half fee exemption for ACE courses for students entitled to concessions under Commonwealth law prov hdg sub 1997 SL No. 380 s 8(1) s 20 ins 1995 SL No. 300 s 6 amd 1997 SL No. 380 s 8(2)–(5) Allowing time to pay fees for government funded subjects s 21 ins 1995 SL No. 300 s 6 amd 1996 SL No. 284 s 8 Refund if subject or course cancelled by director s 22 ins 1995 SL No. 300 s 6 Refund if enrolment cancelled before subject or course starts s 23 ins 1995 SL No. 300 s 6 amd 1996 SL No. 284 s 9 Refund after government funded subject starts s 24 ins 1995 SL No. 300 s 6 amd 1996 SL No. 284 s 10 Refund if academic exemption received s 25 ins 1995 SL No. 300 s 6
28 Vocational Education, Training and Employment Regulation 1991 Refund if re-evaluation successful prov hdg amd 1996 SL No. 284 s 11(1) s 26 ins 1995 SL No. 300 s 6 amd 1996 SL No. 284 s 11(2) Refused applications for fee exemptions, refunds and time to pay prov hdg amd 1996 SL No. 284 s 12(1) s 27 ins 1995 SL No. 300 s 6 amd 1996 SL No. 284 s 12(2) Delegation of director’s powers s 28 ins 1995 SL No. 300 s 6 PART 3—APPRENTICES, PROBATIONERS AND TRAINEES pt hdg ins 1995 SL No. 300 s 6 om 2000 SL No. 267 s 38 Indentures of apprenticeship s 29 om 2000 SL No. 267 s 38 Training agreements s 30 om 2000 SL No. 267 s 38 Employer records s 31 om 2000 SL No. 267 s 38 Status of tradesperson in apprenticeship callings s 32 om 2000 SL No. 267 s 38 Ratio of apprentices to tradespersons generally s 33 om 2000 SL No. 267 s 38 Restriction on number of apprentices in certain callings s 34 om 2000 SL No. 267 s 38 State Training Council may permit increase in number of apprentices s 35 om 2000 SL No. 267 s 38 Restrictions on use of electrical apprentice or electrical trainee s 36 om 2000 SL No. 267 s 38 Restriction on use of apprentice or trainee in certain activities s 37 om 2000 SL No. 267 s 38 PART 4—PROVISIONS FOR AUSTRALIAN RECOGNITION FRAMEWORK pt hdg ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Accreditation Council is State recognition authority for Australian Recognition Framework s 38 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38
29 Vocational Education, Training and Employment Regulation 1991 Certain applications under the framework s 39 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 How to apply s 40 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Decision on application s 41 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Term of registration, status or training product accreditation s 42 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Renewal of registration or status before expiry s 43 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Continuation of registration or status after expiry if application made in time s 44 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Cancellation or suspension of registration, status or part of scope s 45 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Delegation of powers of Accreditation Council under the framework s 46 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Copy of text to accompany notification to Accreditation Council s 47 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Compliance audits s 48 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Awards s 49 ins 1999 SL No. 132 s 8 om 2000 SL No. 267 s 38 Fees for framework s 50 ins 1999 SL No. 132 s 8 amd 2000 SL No. 143 s 7 om 2000 SL No. 267 s 38 Transitional s 51 ins 1999 SL No. 132 s 8 exp 30 June 2000 (see s 51(2))
30 Vocational Education, Training and Employment Regulation 1991 SCHEDULE 1—FEES amd 1992 SL No. 411 s 3 sub 1995 SL No. 300 s 8; 1996 SL No. 284 s 13; 1997 SL No. 380 s 9 amd 1999 SL No. 132 s 9; 1999 SL No. 221 s 4; 2000 SL No. 143 s 8; 2000 SL No. 267 s 39 sub 2000 SL No. 328 s 4 SCHEDULE 2—DICTIONARY ins 1999 SL No. 132 s 10 prev s 3 defs reloc pt 1 1999 SL No. 132 s 4(1) ´ 8 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 as required by the Vocational Education, Training and Employment Regulation 1991 s 14 Previous Renumbered as 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4BB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4BC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4BD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4BE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 4L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
31 Vocational Education, Training and Employment Regulation 1991 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 © State of Queensland 2001