Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 (Qld)

Queensland Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 228 Education (Accreditation of Non-State Schools) Act 2001 Education (General Provisions) Act 2006 Plumbing and Drainage Act 2002 Public Sector Ethics Act 1994 Statutory Bodies Financial Arrangements Act 1982 Vocational Education, Training and Employment Act 2000 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 Part 4 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Education (Accreditation of Non-StateSchools) Regulation 2001 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 16 (Minimum enrolment—Act, s 85(3)(c) and (4)(c)) 3 Insertion of new s 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 16A Minimum enrolment for particular applications—Act, s 85(3)(c) and (4)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Education (General Provisions) Regulation2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 16 (Age for enrolment in years 1 to 7). . . . . . . . 5 Amendment of Plumbing and Drainage Regulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Contents Part 5 10 11 Part 6 12 13 Part 7 14 15 16 17 18 19 20 Amendment of Public Sector Ethics Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Entities prescribed as public service agencies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Statutory Bodies Financial ArrangementsRegulation 2007 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Statutory bodies allocated category 1 investment power) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Vocational Education, Training andEmployment Regulation 2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of various sections . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (How Skills Queensland may deal with application to amend registered training contract) . . . . . . . . . . . . Amendment of s 16 (How Skills Queensland may deal with application to temporarily assign registered training contract) . . . Replacement of s 27 (Skills Queensland may inform itself) . . . . . 27 The chief executive may obtain information or advice Replacement of s 28 (Skills Queensland may ask for additional information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 The chief executive may ask for additional information Amendment of s 29 (All representations and material to be considered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 7 7 8 8 9 9 10 10 10 10 10 Page 2 2013 SL No. 228

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 . 2 Commencement Section 4 and part 3 commence on 1 January 2015. Part 2 Amendment of Education (Accreditation of Non-State Schools) Regulation 2001 3 Regulation amended This part amends the Education(AccreditationofNon-StateSchools) Regulation 2001. 4 Amendment of s 16 (Minimum enrolment—Act, s 85(3)(c) and (4)(c)) Section 16(b)(i), ‘8’— omit, insert— 7 5 Insertion of new s 16A After section 16A— insert— 2013 SL No. 228 Page 3

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Education (Accreditation of Non-State Schools) Regulation 2001 [s 5] 16A Minimum enrolment for particular applications—Act, s 85(3)(c) and (4)(c) (1) This section applies to any of the following applications made before 1 January 2015— (a) an application taken to be an application for Government funding under section 74 of the Act if the student-intake day stated in the application is a day on or after 1 January 2015; (b) an application to which section 50 of the Actapplies if the application is about a change in an attribute of provisional accreditation applying to a school to take effect on or after 1 January 2015; (c) an application for Government funding for a school under section 73 of the Act. (2) Despite section 16, the minimum enrolment for section 85(3)(c) and (4)(c) of the Act is as follows— (a) for a school proposing to offer, or offering, primary education—a full-time equivalent enrolment of 25; (b) for a school proposing to offer, or offering, secondary education— (i) for years 7 to 10 years of schooling—a full-time equivalent enrolment of 20 for each year of schooling proposed to be offered, or offered, at the school; and (ii) for years 11 and 12 years of schooling—a full-time equivalent enrolment of 10 for each year of schooling proposed to be offered, or offered, at the school; Page 4 2013 SL No. 228

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Part 3 Amendment of Education (General Provisions) Regulation 2006 [s 6] (c) for a school proposing to offer, or offering, special education—a full-time equivalent enrolment of 10. (3) For subsection (2)— (a) primary education is taken to not include education offered in year 7; and (b) secondary education is taken to include education offered in year 7. (4) This section expires on 1 January 2015. Part 3 Amendment of Education (General Provisions) Regulation 2006 6 Regulation amended This part amends the Education(GeneralProvisions)Regulation 2006. 7 Amendment of s 16 (Age for enrolment in years 1 to 7) (1) Section 16, heading, ‘years 1 to 7’— omit, insert— years 1 to 6 (2) Section 16, ‘years 1 to 7’— omit, insert— years 1 to 6 2013 SL No. 228 Page 5

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Plumbing and Drainage Regulation 2003 [s 8] Part 4 Amendment of Plumbing and Drainage Regulation 2003 8 Regulation amended This part amends the PlumbingandDrainageRegulation 2003. 9 Amendment of sch 5 (Dictionary) (1) Schedule 5, definition Skills Queensland — omit . (2) Schedule 5— insert— chief executive (VETE) means the chief executive of the department in which the Vocational Education, Training and EmploymentAct 2000 is administered. (3) Schedule 5, definition competencies , ‘a registered training organisation, and approved by Skills Queensland,’— omit, insert— PIC (4) Schedule 5, definition plumbing and draining apprenticeship , ‘Skills Queensland’— omit, insert— the chief executive (VETE) Page 6 2013 SL No. 228

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Part 5 Amendment of Public Sector Ethics Regulation 2010 [s 10] Part 5 Amendment of Public Sector Ethics Regulation 2010 10 Regulation amended This part amends the Public Sector Ethics Regulation 2010. 11 Amendment of schedule (Entities prescribed as public service agencies) Schedule, entry for Skills Queensland— omit . Part 6 Amendment of Statutory Bodies Financial Arrangements Regulation 2007 12 Regulation amended This part amends the StatutoryBodiesFinancialArrangements Regulation 2007. 13 Amendment of sch 3 (Statutory bodies allocated category 1 investment power) Schedule 3, entry for Skills Queensland— omit . 2013 SL No. 228 Page 7

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Part 7 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 14] Part 7 Amendment of Vocational Education, Training and Employment Regulation 2000 14 Regulation amended This part amends the VocationalEducation,TrainingandEmployment Regulation 2000. 15 Amendment of various sections (1) Each of the following provisions is amended by omitting ‘Skills Queensland’ and inserting ‘the chief executive’— • section 12(1) • section 12(3), second mention • section 13(1) • section 13(3), second mention • section 14(2) and (4) • section 15(1) • section 15(3), second mention • section 16(2) and (5)(c) • section 16(6), second mention • sections 23(1) and (3) • section 25(2)(a) • section 26(1) and (2) • section 26(3), second mention. (2) Each of the following provisions is amended by omitting ‘Skills Queensland’ and inserting ‘The chief executive’— • section 12(2) • section 12(3), first mention • section 12(4) Page 8 2013 SL No. 228

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Part 7 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 16] • section 13(3), first mention • section 13(4) • section 14(1) • section 15(3), first mention • section 15(4) • section 16(1) and (3) • section 16(6), first mention • section 23(2) • section 24 • section 25(1) • section 26(3), first mention. 16 Amendment of s 14 (How Skills Queensland may deal with application to amend registered training contract) Section 14, heading ‘Skills Queensland’— omit, insert— the chief executive 17 Amendment of s 16 (How Skills Queensland may deal with application to temporarily assign registered training contract) (1) Section 16, heading ‘Skills Queensland’— omit, insert— the chief executive (2) Section 16(4)— omit, insert— (4) If the chief executive decides to approve the proposed temporary assignment, the chief executive must promptly give the parties and the new employer signed notice of the approval. 2013 SL No. 228 Page 9

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 Part 7 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 18] 18 Replacement of s 27 (Skills Queensland may inform itself) omit, insert— 27 The chief executive may obtain information or advice The chief executive may, in the way the chief executive considers appropriate, obtain information or advice about any matter relevant to the exercise of the power or the performance of the function. 19 Replacement of s 28 (Skills Queensland may ask for additional information) omit, insert— 28 The chief executive may ask for additional information (1) The chief executive may ask the affected person for the relevant section to give the chief executive the additional documents or information the chief executive considers necessary to exercise the power or perform the function. (2) The chief executive must give the affected person a reasonable time to give the additional documents or information. 20 Amendment of s 29 (All representations and material to be considered) (1) Section 29, ‘Skills Queensland’— omit, insert— The chief executive (2) Section 29, ‘it’— omit, insert— the chief executive Page 10 2013 SL No. 228

Education, Training and Other Legislation Amendment Regulation (No. 1) 2013 ENDNOTES 1 Made by the Governor in Council on 21 November 2013. 2 Notified on the Queensland legislation website on 22 November 2013. 3 The administering agency is the Department of Education, Training and Employment. © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 SL No. 228 Page 11