Employment, Vocational Education and Training Act Amendment Act 1988 (Qld)

1032 ANNO TRICESIMO SEPTIMO EL,IZA ET AE SECUN D AE R EGINAE i An Act to repeal the Industry and Commerce Training Act1979-1988 and to amend the Education Act1964-1987 and the Employment, Vocational Educationand Training Act 1988 each in certain particulars and for related purposes [ASSENTED TO 1ST DECEMBER, 1988]

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1033 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short Title. This Act may be cited as the Employment, Vocational Education and Training Act Amendment Act 1988. 2. Commencement. (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1) the provisions of this Act shall commence on a date to be appointed by Proclamation. The day so appointed is in this Act called the commencement of this Act. 3. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY (SS. 1-3); PART II-REPEAL OF INDUSTRY AND COMMERCE TRAINING ACT 1979-1988 (ss. 4-5); PART 111- AMENDMENT OF EDUCATION ACT (ss. 6-16); PART IV- TRANSITIONAL PROVISIONS (SS. 17 - 1 8); 1964-1987 PART V-AMENDMENT OF EMPLOYMENT, VOCATIONAL EDUCATION AND TRAINING ACT 1988 (ss. 19-52); SCHEDULE. PART 11-REPEAL OF INDUSTRY AND COMMERCE TRAINING ACT 4. Repeals. The Acts set forth in the schedule (in this Act referred to as the "repealed Acts") are repealed. 5. Dissolution of Commission and committees. On the commencement of this Act the members of the Industry and Commerce Training Commission, all industry and commerce advisory committees and all regional advisory committees shall go out of office as such members and the Industry and Commerce Training Commission and all those respective committees shall be dissolved. PART III-AMENDMENT OF EDUCATION ACT 1964-1987 6. Citation . (1) In this Part the Education Act 1964-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Education Act 1964-1988. 7.. - ent of s. 2 . Parts and Divisions. Section 2 of the Principal Act is amended by- (a) omitting the words "PART V-TECHNICAL AND FURTHER EDUCATION;";

1034 Employment , Vocational Education and Training Act Amendment Act 1988, No. 85 (b) omitting the words "PART VII-ADULT EDUCATION;"; (c) in the heading "PART VIII-PROVISIONS RELATING TO THE BOARD OF SECONDARY SCHOOL STUDIES, THE BOARD OF ADULT EDUCATION, THE BOARD OF ADVANCED EDUCATION, THE BOARD OF TEACHER EDUCATION AND THE COUNCILS OF COLLEGES OF ADVANCED EDUCATION;" omitting the words ",THE BOARD OF ADULT EDUCATION". 8. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) omitting from the definition "Other educational institution" the words ", college or other means of technical and further education" and substituting the words "or college"; (b) omitting from the definition "Principal" or "Head" the words ", college or other means of technical and further education"; (c) omitting from the definition "Pupil" or "Student" the words ", college or other means of technical and further education" and substituting the words "or college"; (d) omitting the definition "Technical and further education"; (e) omitting from the definition "Tertiary education" the words ": The term does not include adult education". 9. Amendment of s. 16. Use of schools . Section 16 of the Principal Act is amended by, in subsection (1), omitting the words "or a college of technical and further education". 10. Amendment of s. 22 . Wilful disturbance of school . Section 22 of the Principal Act is amended by, in the paragraph commencing with the words " For the purposes ", omitting the words ", State technical college, State agricultural college". 11. Repeal of Part V. The Principal Act is amended by- (a) omitting the heading "PART V-TECHNICAL AND FURTHER EDUCATION" immediately preceding section 34; ( b) repealing sections 34, 35 and 35A. 12. Repeal of Part VII . The Principal Act is amended by- (a) omitting the heading "PART VII-ADULT EDUCATION" immediately preceding section 49; ( b) repealing sections 49, 50 and 51. 13. Amendment of Part VIII heading preceding s. 53. The Part VIII heading preceding section 53 of the Principal Act is amended by omitting the words " THE BOARD OF ADULT EDUCATION,". 14. Amendment of s. 53. Definition of terms . Section 53 of the Principal Act is amended by, in the definition " Board ", omitting the words "Board of Adult Education,".

Employment, Vocational Education and Training Act 1035 Amendment Act 1988, No. 85 15. Amendment of s. 62. Attendance by proxy at meetings . Section 62 of the Principal Act is amended by- (a) omitting the words "a Board" and substituting the words "the Board of Secondary School Studies"; (b) omitting the words "or of paragraph (i) of subsection (2) of section forty-nine of this Act"; (c) omitting the word "concerned"; (d) omitting the words "such Board" and substituting the words "the Board". 16. Dissolution of Board of Adult Education . On the commencement of this Act the members of the Board of Adult Education shall go out of office as such members and that Board shall be dissolved. PART IV-TRANSITIONAL 17. Savings . (1) Every order, requirement, direction, consent, registration, certificate, approval, determination, notice, prohibition, delegation or other act of authority made, given, granted, issued, done or otherwise originated under the repealed Acts and in force or subsisting immediately before the commencement of this Act shall continue in force as if it were made, given, granted, issued, done or otherwise originated under the Employment, Vocational Education and TrainingAct 1988 as amended and in force for the time being until it expires by effluxion of time or is revoked or cancelled under that Act. (2) All indentures and training agreements entered into under the repealed Acts and in force immediately before the commencement of this Act shall continue in force and have effect as if they had been entered into under the Employment, Vocational Education and TrainingAct 1988 as amended and in force for the time being. (3) Every action or legal proceeding arising out of or taken with respect to any matter under the repealed Acts which action or proceeding was commenced before the commencement of this Act and is not completed at that date may be carried on and completed as if this Act had not been passed. (4) Those provisions of The Apprentices and Minors Acts, 1929 to 1959 and the regulations made thereunder that relate to minors other than apprentices, continued in force by the repealed Acts and in force at the commencement of this Act, shall continue in force until superseded by awards, industrial agreements or orders made under the Industrial Conciliation and Arbitration Act 1961-1988. (5) Those provisions of the repealed Acts and the regulations made thereunder that relate to the tools of trade to be provided by an employer to an apprentice shall continue in force until superseded by orders made by the Industrial Commission under the Employment, VocationalEducation and Training Act 1988 as amended and in force for the time being.

1036 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 (6) Those provisions contained in parts 3, 4, 5 and 6 of the Apprenticeship (Trade) Regulations 1987 shall continue in force until superseded by regulations made under the Employment, VocationalEducation and Training Act 1988 as amended and in force for the time being. (7) A person who at the commencement of this Act holds an office or position to which he was appointed under or for the purposes of the repealed Acts shall continue to hold that office or position or the corresponding office or position under and for the purposes of the Employment, Vocational Education and Training Act 1988 as amended and in force for the time being. (8) All fees prescribed by or under the repealed Acts to be paid shall be deemed to have been prescribed by or, as the case may be, under the Employment, Vocational Education and Training Act 1988 as amended and in force for the time being. 18. Provisions relating to dissolved Commission etc. (1) In this section- "Board of Adult Education" means the Board of Adult Education constituted pursuant to section 49 of the Education Act1964-1987 prior to its dissolution by section 16. "corporation sole" has the meaning assigned it by the Employment,Vocational Education and Training Act 1988; "Industry and Commerce Training Commission", "industry and commerce advisory committee" and "regional advisory committee" mean respectively the Industry and Commerce Training Commission and an industry and commerce advisory committee established and constituted by, and a regional advisory committee appointed under, the Industryand Commerce Training Act 1979-1988 prior to their dissolution by section 5. (2) Where, but for the commencement of this Act, by any testamentary disposition or otherwise property would have passed to or for the benefit of the Industry and Commerce Training Commission, any industry and commerce advisory committee or regional advisory committee or the Board of Adult Education, that property shall pass to or for the benefit of the corporation sole and shall vest in the corporation sole, but without prejudice to any lawful claim of any person in relation to that property. (3) All real and personal property which immediately prior to the commencement of this Act is held by or vested in the Industry and Commerce Training Commission, an industry and commerce advisory committee, a regional advisory committee or the Board of Adult Education shall be divested from that Commission, committee or Board, as the case may be and shall, on and from the date of such commencement, vest in the corporation sole. (4) If any property vested in the corporation sole by subsection (3) is or shall be subject to any condition or trust, that property shall be

Employment, Vocational Education and Training Act 1037 Amendment Act 1988, No. 85 held by the corporation sole subject to the conditions or trusts on which it was held immediately before that vesting. Any reference in any such conditions or trusts to the Industry and Commerce Training Commission , an industry and commerce advisory committee , a regional advisory committee or the Board of Adult Education shall, on and from the commencement of this Act , be read and construed as a reference to the corporation sole. (5) All rights accruing or accrued to the Industry and Commerce Training Commission , an industry and commerce advisory committee, a regional advisory committee or the Board of Adult Education in respect of any property vested in the corporation sole pursuant to subsection (3) are hereby vested in and may be enforced by the corporation sole. (6) All liabilities of the Industry and Commerce Training Commission, an industry and commerce advisory committee , a regional advisory committee or the Board of Adult Education in respect of any property vested in the corporation sole pursuant to subsection (3) may be enforced against the corporation sole. (7) All actions and proceedings commenced by or against the Industry and Commerce Training Commission, an industry and commerce advisory committee, a regional advisory committee or the Board of Adult Education and subsisting immediately prior to the commencement of this Act and all contracts , matters and things entered into or commenced by any of them before that commencement may be continued by or , as the case may be , against the corporation sole. ( 8) The Registrar of Titles, Registrar of Dealings or other person required by any Act or law to make or enter any note or memorial on any instrument of title to land on receiving notice thereof shall, upon the written request of the corporation sole, register the corporation sole for or with respect to any right, title , estate or interest in land that vests in it pursuant to this section , and for that purpose may make every entry , cancellation and correction in any register , record or book in his custody or under his control and do and execute such other acts, matters and things as shall to him appear necessary and proper. PART V-AMENDMENT OF EMPLOYMENT , VOCATIONAL EDUCATION AND TRAINING ACT 1988 19. Citati o n. (1) In this Part the Employment , Vocational Education and Training Act 1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Emp l oyment, Vocational Education and Training Act 1988. 20. Repeal of and new s. 3 . The Principal Act is amended by repealing section 3 and substituting the following section- "3. Arrangement. This Act is arranged in Parts and Divisions as follows:- PART I-PRELIMINARY (ss. 1-4B);

1038 Employment , Vocational Education and Training Act Amendment Act 1988, No. 85 PART II-ADMINISTRATION MATTERS (ss. 5-15); Division 1-Constitution of corporation sole Division 2-Powers and functions of Minister Division 3-Miscellaneous provisions PART III-STATE COLLEGES (ss. 16-20); PART IV-QUEENSLAND EMPLOYMENT, VOCATIONAL EDUCATION AND TRAINING BOARD AND TRAINING EXECUTIVE (ss. 21-37); Division 1-Queensland Employment, Vocational Education and Training Board Division 2-Training Executive Division 3-General provisions relating to Board and Training Executive PART V-TRAINING ADMINISTRATION (ss. 38-82); Division 1-Apprenticeships Division 2-Traineeships Division 3-Other training arrangements Division 4-Entitlements Division 5-Miscellaneous provisions PART VI-GENERAL PROVISIONS (ss. 83-96).". 21. Amendment of s. 4. Interpretation. Section 4 of the Principal Act is amended by- (a) inserting before the definition "corporation sole" the following definitions- "accredit" means recognize as meeting certain criteria; "accredited course" means any course or subject of a course that has been accredited by the Board; "apprentice" means a person registered as an apprentice pursuant to this Act; "apprenticeship calling" means a trade prescribed by Order in Council, whether made before or after the commencement of the Employment, Vocational Education and Training Act Amendment Act 1988, to be an apprenticeship calling; "authorised person" means- (a) an industrial union; (b) an organisation or body interested in an apprenticeship calling or trainee training scheme; (c) the Minister; "award" or "industrial agreement" means an award or industrial agreement made in pursuance of the Industrial Conciliation

Employment, Vocational Education and Training Act 1039 Amendment Act 1988, No. 85 and Arbitration Act 1961-1988 or the Conciliation andArbitration Act 1904 of the Commonwealth as amended or any Act in substitution therefore; "Board" means the Queensland Employment, Vocational Education and Training Board constituted under this Act; "chief executive" means the chief executive of the Department of Employment, Vocational Education and Training; "Commissioner" means the Commissioner for Training appointed in accordance with this Act and includes a person who at any time performs the duties of the Commissioner;"; (b) inserting after the definition "corporation sole" the following definitions- "director" means the person in charge of a State college; "employer" means an employer within the meaning of the Industrial Conciliation and Arbitration Act 1961-1988 and includes an industrial union and a group training scheme; "executive director (TAFE)" means the executive director (TAFE) appointed in accordance with this Act and includes a person who at any time performs the duties of the executive director (TAFE); "group training scheme" means an industrial union or a body corporate that is approved by the Minister to employ apprentices or trainees but which uses the facilities of its members or other employers to train those apprentices or trainees; "guardian" means a parent or guardian and includes, in a case where a person has no parent or guardian resident in Queensland capable of acting and willing to act, a person approved by the Training Executive in the stead of a parent or guardian; "industrial union" means a body or association of persons registered as an industrial union under the Industrial Conciliation and Arbitration Act 1961-1988 or as an organisation under the Conciliation and Arbitration Act1904 of the Commonwealth as amended or any Act in substitution therefor;"; (c) inserting after the definition "Minister" the following definitions- " "occupation" means any trade, apprenticeship calling, vocation or craft; "place" or "premises" means- (a) any land; (b) any building, structure or erection of any kind whether wholly or partly constructed or erected or in the course of construction or erection; (c) a room in any building, structure or erection; (d) any aircraft, vehicle or vessel;

1040 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 "pre-apprenticeship course" means a course of instruction approved by the Training Executive in an apprenticeship calling undertaken before entry into apprenticeship in that apprenticeship calling; "pre-vocational course" means a course of instruction approved by the Training Executive in more than one apprenticeship calling undertaken before entry into apprenticeship in any of those apprenticeship callings; "probationer" means an apprentice who pursuant to this Act is employed on probation; "State college" means any State college or other means of technical and further education and any State senior college continued or established pursuant to this Act and any other State vocational education and training institution established pursuant to this Act; "student" means a person enrolled in a State college; "TAFE" is the acronym formed from the words "technical and further education"; "technical and further education" means tertiary education other than advanced education or university education; "tertiary education" means education, other than primary or secondary education, offered wholly or primarily to students who have completed their primary and secondary education or who are above the age of compulsory attendance at school; "trainee" means a trainee under a training agreement entered into pursuant to this Act; "training consultant" means the Commissioner and any other person appointed in accordance with this Act as a training consultant; "Training Executive" means the Training Executive constituted under this Act; "training establishment" means a training committee or a board, council, programme, class, school or similar body by whatever name called other than the Board or Training Executive or a State college; "welfare consultant" means the Commissioner and any other person appointed in accordance with this Act as a welfare consultant;"; (d) omitting subsection (2) and substituting the following subsection- "(2) An expression which is defined in the Industrial Conciliation and Arbitration Act 1961-1988 shall when used in this Act, unless the contrary intention appears, have the meaning assigned it by that Act.";

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1041 (e) inserting after subsection ( 2) the following subsection:- "(3) Nothing in any other Act or enactment or in any award shall limit or affect the operation or effect of any provision of this Act and whenever any provision of any other Act or enactment or any award is inconsistent with this Act, this Act shall prevail.". 22. New ss. 4A and 4B. The Principal Act is amended by inserting after section 4 the following sections:- "4A. Crown bound . This Act binds the Crown. 4B. Exemptions. The Governor in Council by Order in Council may exempt any person or class of persons from the operation of this Act or any provision thereof specified in the Order and for so long as an Order made under this section remains in force, the person or class of persons specified therein shall be exempted from the operation of this Act or, as the case may be, the provisions so specified.". 23. New s. 6A. The Principal Act is amended by inserting after section 6 of the following section:- "6A. Power of delegation by Minister. (1) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him delegate- (a) to any person; (b) to the holder of an office specifying its title but not the name of the holder for the time being, all or any of his powers, authorities, functions or duties under this Act except this power of delegation and the powers conferred on him under section 31. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate , shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the Minister thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power , authority , function or duty. (4) The Minister may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable. (5) A delegation is revocable at the will of the Minister and does not prevent the exercise of a power or authority or the performance of a function or duty by him.". 34

1042 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 24. Repeal of and new s. 12. The Principal Act is amended by repealing section 12 and substituting the following section:- "12. Appointment of officers . There may be appointed pursuant to the Public Service Management and Employment Act 1988- (a) a Commissioner for Training; (b) an executive director (TAFE); (c) such training consultants, welfare consultants and other officers as are necessary for the effectual administration of this Act. A person appointed for the purposes of paragraph (c) may be appointed to hold more than one of the offices referred to therein.". 25. New ss . 13, 14 and 15 . The Principal Act is amended by inserting after section 12 as inserted by this Act the following sections:- "13. Powers of entry and inspection . (1) An industrial inspector, training consultant or welfare consultant- (a) may subject to subsection (4) enter any place; (b) may inspect the place, plant and machinery therein, and any work being performed therein; (c) may question any person therein in the presence of others or alone; (d) may require the production of any record or document required to be kept by or under this Act and inspect, examine, copy or seize and detain it; (e) shall take all action necessary to ensure the well- being and proper training of apprentices and other employees to whom this Act applies is maintained; (f) may call to his aid- (i) any other industrial inspector, training consultant, welfare consultant or a member of the Queensland Police Force in a case where he is obstructed or has reasonable grounds to believe that he will be obstructed in the exercise of his powers or the performance of his functions and duties; (ii) a person whom he thinks is competent to assist him in the exercise of his powers or the performance of his function and duties; A member of the Queensland Police Force called to the aid of an officer pursuant to this section shall render assistance as required in accordance with this Act and the member so assisting shall have such powers as are conferred on the industrial inspector, welfare consultant or training consultant by this section. (2) Every industrial inspector, training consultant or welfare consultant shall report to the Commissioner forthwith every

Employment , Vocational Education and Training Act 1043 Amendment Act 1988, No. 85 contravention of or failure to comply with this Act which he finds or which comes to his knowledge. (3) Members of the Training Executive comprising the chairman and not less than one other member may, at all reasonable times and subject to subsection (4), enter any place and inspect therein the facilities for training and question any person therein with respect to the training of persons to whom this Act applies. (4) (a) Before any industrial inspector, welfare consultant, training consultant or members of the Training Executive in accordance with subsection (3), may enter any part of premises which part is being used exclusively as a dwelling-house he or they shall, save where he or they has or have the permission of the occupier of that part to his or their entry, obtain from a justice a warrant to enter. (b) A justice who is satisfied upon the complaint of an industrial inspector, welfare consultant, training consultant or members of the Training Executive in accordance with subsection (3), that there is reasonable cause to suspect- (i) that there is in any place any record, book, document, other writing or thing in respect of which an offence against this Act has been, is being or is likely to be committed; (ii) that in any place an offence against this Act has been, is being or is likely to be committed, may issue his warrant directed to the industrial inspector, welfare consultant, training consultant or those members of the Training Executive to enter the place specified in the warrant for the purpose of exercising therein the powers conferred upon an industrial inspector, welfare consultant, training consultant or members of the Training Executive in accordance with subsection (3), under this Act. (c) A warrant shall be, for the period of one month from the date of its issue, sufficient authority for the industrial inspector, welfare consultant, training consultant or members of the Training Executive in accordance with subsection (3), and all persons acting in aid of him or them- (i) to enter the place specified in the warrant; (ii) to exercise therein the powers conferred on an industrial inspector, welfare consultant, training consultant or members of the Training Executive in accordance with subsection (3), by or under this Act. (d) In this subsection premises that are used as a dwelling- house do not include the curtilage of those premises. (5) For the purposes of gaining entry to any place an industrial inspector, welfare consultant, training consultant or members of the Training Executive in accordance with subsection

1044 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 (3), may call to his or their aid such persons as he or they shall think necessary and those persons, while acting in aid of him or them in the lawful exercise by him or them of his or their power of entry, shall have a like power of entry. 14. Offences with respect to industrial inspectors and other o ffi cers. A person shall not- (a) hinder, assault, abuse, threaten, insult, intimidate or obstruct an industrial inspector, welfare consultant, training consultant, member of the Training Executive or other person acting in accordance with this Act in the exercise of a power conferred by section 13; (b) refuse or fail to answer truthfully any question put to him pursuant to section 13; (c) fail to comply with a requirement made under this Act. 15. Delegation of powers , authorities , functions and duties of Commissioner . (1) The Commissioner may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate to any person all or any of his powers, authorities, functions and duties under this Act except this power of delegation. (2) A delegation under subsection (1) may be to the holder of an office, specifying the office but without naming the holder, in which case each successive holder of that office and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, perform such delegated powers, functions, authorities and duties as are specified in the instrument. (3) A power, authority, function or duty so delegated, if exercised or performed by the,gelegate, shall be exercised in accordance with the instrument of delegation. (4) A delegation may be made subject to such terms or limitations as the Commissioner thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function or duty. (5) The Commissioner may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable. (6) A delegation is revocable at the will of the Commissioner and does not prevent the exercise of a power or authority or the performance of a function or duty by him.".

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1045 26. New heading and ss. 16 , 17, 18, 19 and 20. The Principal Act is amended by inserting immediately after section 15 as inserted by this Act the following heading and sections:- "PART III-STATE COLLEGES 16. Power to continue and establish State colleges etc. The Minister may- (a) continue and maintain all State colleges and other means of technical and further education and State senior colleges in existence at the commencement of this Act; and (b) establish and maintain such State colleges and other means of technical and further education and State senior colleges as he considers necessary or desirable for the purposes of this Act. 17. Authority with respect to other State vocational education and training institutions . The Governor in Council may, from time to time by Order in Council, authorise the Minister to establish and maintain such other State vocational education and training institutions as the Minister considers necessary or desirable for the purposes of this Act. The Governor in Council may, in such Order in Council, specify terms and conditions on which the Minister may establish, maintain or conduct any such other State vocational education and training institution. 18. Minister to provide for running of State colleges etc. In relation to State colleges the Minister may provide for all or any of the following purposes (and to that end may make rules applicable to all or any of such State colleges)- (a) the management and conduct of such State colleges and defining the powers and duties of the persons conducting such State colleges or any part thereof; (b) the courses to be offered therein and services to be provided; (c) the conditions on which students may enrol for and obtain instruction; (d) the fees payable for instruction, assessment and other services provided therein or thereby; (e) the imposition and collection in respect of each year of a higher education administration charge in accordance with the States Grants (Tertiary EducationAssistance) Act 1984 of the Commonwealth, as

1046 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 amended for the time being, or any Act passed in substitution for that Act; (f) the attendance of students thereat and the exclusion and expulsion of such students or any other person; (g) the establishment of facilities designed to support the conduct of technical and further education and the conditions on which the facilities may be used; (h) the most effectual use of the property, apparatus and appliances of such State colleges for the purpose of education and instruction; (i) the assessment of students and the granting of certificates, diplomas, degrees and other academic awards; (j) the use of such State college premises, facilities, equipment and materials for purposes other than education; (k) the establishment and conduct of student organisations; (1) the establishment and conduct of community councils; (m) the enforcement of such occupational, health and safety conditions as the Minister considers necessary; (n) the establishment and conduct of research and consultancy centres, and the affiliation of a State college with an educational or research establishment; (o) disciplinary penalties for breaches of rules applicable to such State colleges; (p) such other purposes as are prescribed by Order in Council. 19. Inspection of State colleges , etc. The Minister shall cause every State college to be inspected at such intervals as appear to him to be appropriate. 20. Trespass on State colleges . Any person who, without lawful authority or excuse, proof whereof shall lie upon him, is on any State college premises commits an offence against this Act.". 27. New heading and ss. 21, 22 and 23. The Principal Act is amended by inserting immediately after section 20 as inserted by this Act the following headings and sections:- "PART IV-QUEENSLAND EMPLOYMENT, VOCATIONAL EDUCATION AND TRAINING BOARD AND TRAINING EXECUTIVE Division 1-Queensland Employment, Vocational Education and Training Board 21. Constitution of Board . (1) There shall be constituted a Board to be called the Queensland Employment, Vocational

Employment, Vocational Education and Training Act 1047 Amendment Act 1988, No. 85 Education and Training Board which shall consist of the following members- (a) one person who shall in his appointment be designated and shall be chairman of the Board, nominated by the Minister; (b) three persons representing industry or commerce, nominated by the Minister; (c) two persons representing employees, nominated by the Minister; (d) the chief executive who shall be ex-officio a member; (e) one person nominated by the Minister charged with the administration of the Education Act 1964-1988; (f) one person nominated by the Minister charged with the administration of the Industrial Development Act1963-1987; (g) one person nominated by the Commonwealth Minister responsible for vocational education and training. (2) The members of the Board determined in accordance with this Act shall be appointed by the Governor in Council on the recommendation of the Minister by notification published in the Queensland Government Industrial Gazette. (3) The Governor in Council shall, in his appointment of members of the Board, designate one of the members to be deputy chairman. 22. Role , functions and powers of Board. (1) The role of the Board shall be- (a) to advise the Minister on a vocational education and training strategy which will complement the State's economic development; (b) to advise the Minister on matters relating to the accreditation of technical and further education courses offered by- (i) State colleges; and (ii) any other person, institution or body which, upon application by that person, institution or body to the Minister, is deemed by the Minister to be an appropriate technical and further education institution; (c) to identify major employment, vocational education and training issues and to make recommendations to the Minister on policy directions appropriate thereto; (d) to advise the Minister on strategies and priorities for employment, vocational education and training initiatives and the application of resources thereto.

1048 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 (2) The functions of the Board shall be- (a) to accredit for the granting of academic awards, technical and further education courses conducted by the State colleges, persons, institutions or bodies referred to in subsection (1); (b) to ensure consistency in the nomenclature of academic awards for similar technical and further education courses; (c) to confer with and where it considers necessary or desirable, extend recognition to other bodies within or outside the State on matters relating to employment, vocational education and training; (d) to develop for the Minister's consideration, plans for the future development of the vocational education and training system within the State. (e) to advise the Minister with respect to apprenticeship callings and occupations to which this Act should be applied; (f) to appoint such standing committees and sub- committees as it considers necessary to assist in the performance of its functions; (g) to make by-laws pursuant to section 23; and (h) to furnish to the Minister as soon as practicable, after 30 June in each year, a report of its work and activities during the year. (3) The Board shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under this Act. 23. Board may make by-laws. (1) The Board may from time to time make by-laws not inconsistent with this Act or the regulations, for or with respect to- (a) course accreditation and fees if any charged in relation thereto; (b) standing committees and sub-committees appointed pursuant to section 22; and (c) such other matters as by this Act are required or permitted to be prescribed or as are necessary or convenient for the carrying into effect of the several provisions, objects and purposes of this Act. (2) A by-law may authorise the Board to make rules for the carrying into effect of all or any of the provisions and objects of the by-laws. (3) All rules made pursuant to any by-law by the Board shall be of full force and effect on and from the day on which

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1049 they are promulgated in accordance with the by-law under which they are made or on and from such later date as may be specified in the rule, and the production of a copy of any such rule verified by the Board is sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially. (4) Every by-law made by the Board shall be submitted to the Minister and by him to the Governor in Council. The Governor in Council may in his discretion approve any by-law. A by-law has no effect unless and until approved by the Governor in Council.". 28. New heading and ss . 24 and 25. The Principal Act is amended by inserting immediately after section 23 as inserted by this Act the following heading and sections:- "Division 2-Training Executive 24. Constitution of Training Executive . (1) There shall be constituted a Training Executive which shall consist of- (a) the Commissioner for Training who shall be ex officio a member and who shall be chairman of the Training Executive; (b) four persons representing employers, nominated by the Minister; (c) four persons representing employees, nominated by the Minister; (d) one person who is involved in the operation of a private training establishment, nominated by the Minister; (e) the executive director (TAFE) who shall be ex officio a member; (f) a director of a State college nominated by the Minister; and (g) a nominee of the Commonwealth Minister responsible for vocational education and training. (2) The members of the Training Executive determined in accordance with this Act shall be appointed by the Governor in Council on the recommendation of the Minister by notification published in the Queensland Government Industrial Gazette. (3) The members of the Training Executive shall appoint from among their members a person to be deputy chairman of the Training Executive and such person, subject to this Act, shall be deputy chairman for such period, not exceeding the term for which he is appointed as a member, as the Training Executive determines.

1050 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 25. Functions and powers of Training Executive. The functions of the Training Executive shall be- (a) to advise the Board on policy matters with respect to apprentices, trainees and other training systems and such other matters as the Board may refer to it; (b) to administer indentures, and training agreements; (c) to make determinations and orders on all matters with respect to apprentices and apprenticeships and to other skilled employees and their training as authorised by or under this Act; (d) to determine the entitlements to and where appropriate arrange the issue of certificates indicating the training undertaken by and the qualifications of persons- (i) who complete courses of training approved by the Training Executive; or (ii) who satisfy the Training Executive, in such other manner as the Training Executive shall determine, as to their entitlement to any such certificates; (e) to administer the registration or recognition of vocational education and training establishments pursuant to section 61; and (f) to furnish to the Minister as soon as practicable, after 30 June in each year, a report of its work and activity during the year. (2) The Training Executive shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under the Act.". 29. New heading and ss . 26, 27 and 28. The Principal Act is amended by inserting immediately after section 25 as inserted by this Act the following heading and sections:- "Division 3-General provisions relating to Board and Training Executive 26. Time for constitution of Board or T raining Executive. (1) The Governor in Council shall, by notification published in the Queensland Government Industrial Gazette, appoint a date or dates on or before which the Board or the Training Executive is to be first constituted under this Act. (2) The Board or the Training Executive shall be constituted in the manner prescribed on or before the date or dates so appointed by the Governor in Council pursuant to subsection (1). 27. Term of appointment . (1) A member of the Board or the Training Executive (other than an ex officio member) shall

Employment , Vocational Education and Training Act 1051 Amendment Act 1988, No. 85 be appointed such a member for a term of three years but if, by the expiration of that term, his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. A member of the Board or the Training Executive shall, if he is otherwise qualified, be eligible for re-appointment. An ex officio member of the Board or the Training Executive shall be a member for so long as he holds the appointment which entitles him to membership. (2) The Governor in Council may at any time before the expiration of the period for which a member of the Board or the Training Executive (other than an ex officio member) was appointed remove such member from his membership by notification published in the Queensland Government Industrial Gazette. Upon publication of such notification in the Queensland Government Industrial Gazette the person so removed shall cease to be a member of the Board or the Training Executive. 28. Vacation of office of members of Board or Training Executive . A member of the Board or the Training Executive shall be taken to have vacated his office as such member if- (a) he dies; (b) he declines to act or to further act as such member; (c) he resigns his office as such member in writing delivered to the chairman of the Board or, as the case may be, the Training Executive; (d) he is absent, without leave of the Board or, as the case may be, the Training Executive first had and obtained, from three consecutive ordinary meetings of -the Board or, as the case may be, the Training Executive of which meetings notice has been given; (e) he ceases to be qualified to be a member of the Board or, as the case may be, the Training Executive; or (f) he is removed from office as such member by the Governor in Council.". 30. New ss. 29 , 30 and 31. The Principal Act is amended by inserting immediately after section 28 as inserted by this Act the following sections:- " 29. Casual appointments to Board or Training Executive. (1) When a vacancy occurs in the membership of the Board or the Training Executive during the term of office of such member the Governor in Council may appoint another person as such member to hold office for the balance of his predecessor's term of office as such member.

1052 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 (2) A person appointed to fill a casual vacancy in the office of an appointed member pursuant to subsection (1) shall, if otherwise qualified, be eligible for re-appointment as such member. 30. Manner of exercising power of Board or Training Executive . The Board or the Training Executive shall exercise a power or authority or perform a duty or function by majority vote of its members present and voting at the meeting at which such exercise or performance is to occur. A member who abstains from voting shall be deemed to have voted for the negative. The chairman of the Board or the Training Executive (including any person for the time being acting as such chairman) shall have a deliberative vote and, in the event of an equality of votes, a casting vote. 31. Board and Training Executive subject to Minister. Notwithstanding sections 22 and 25, the Minister may give directions to the Board or the Training Executive on matters of policy, the exercise of their respective powers and authorities or performances of their respective functions and duties and the Board or the Training Executive shall comply with such directions.". 31. New ss . 32, 33 and 34. The Principal Act is amended by inserting immediately after section 31 as inserted by this Act the following sections:- "32. Power of delegation by Board or Training Executive. (1) The Board or the Training Executive may by writing either generally or otherwise as provided by the instrument of delegation, delegate to the chairman of the Board or, as the case may be, the Training Executive, any sub-committee thereof appointed from amongst its own members or otherwise or any other person, all or any of its powers, authorities, functions and duties except this power of delegation. The Board or the Training Executive may make such and so many delegations of the same power, authority, function or duty and to such number of sub-committees or persons as it considers necessary or desirable. (2) A delegation may be made subject to such terms or limitations as the Board or, as the case may be, the Training Executive thinks fit including a requirement that the delegate shall report to it on the exercise or performance of the delegated power, authority, function or duty. (3) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (4) A delegation does not prevent or prejudice- (a) the exercise of a delegated power or authority or the performance of a delegated function or duty by the Board or, as the case may be, the Training Executive;

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1053 or (b) the exercise by the Board or, as the case may be, the Training Executive, of supervision of the carrying out by the delegate of the terms of the delegation to the extent of countermanding the delegate's exercise of a power or authority or performance of a function or duty under the delegation. (5) A delegation is revocable at the will of the Board or, as the case may be, the Training Executive. 33. Validity of proceedings . An act or proceeding of the Board or the Training Executive shall not be invalidated or in any way prejudiced by reason only of the fact that, at the time such act was done or proceeding taken, there were vacancies in the membership of the Board or the Training Executive not exceeding one third of the total number of members for the time being required to constitute the Board or the Training Executive or that all the members of the Board or the Training Executive were not present at the meeting at which such act or proceeding was done or authorised or that there is a defect in the qualification, membership or appointment of any one or more members of the Board or the Training Executive who joined in doing such act or taking such proceeding or in authorising such act or proceeding. 34. Authentication of documents . Save where it is by this Act otherwise provided, a document made or issued by the Board or the Training Executive for the purposes of this Act shall be sufficiently authenticated if it is made, or as the case may be, signed by the chairman of the Board, or as the case may be, the Training Executive.". 32. New ss. 35, 36 and 37. The Principal Act is amended by inserting immediately after section 34 as inserted by this Act the following sections:- "35. Meetings, quorum and business etc. of Board or T raining Executive. (1) Subject to this section the Board or the Training Executive shall, unless otherwise prescribed, determine- (a) the manner in which and by whom meetings of the Board or the Training Executive may be called; (b) the manner in which the meetings shall be conducted; (c) the frequency of the meetings; (d) the notice of the meetings to be given to members of the Board or the Training Commission and the manner of giving notice; (e) the quorum of members of the Board or the Training Executive required to constitute a meeting of the Board or the Training Executive; and (f) the manner in which and by whom decisions of the Board or the Training Executive are recorded and

1054 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 the procedure for the confirmation of the correctness of that record. (2) The chairman of the Board or the Training Executive shall preside at every meeting of the Board or, as the case may be, the Training Executive, at which he is present and, in his absence, the deputy chairman of the Board or the Training Executive if he is present shall preside at every meeting of the Board or, as the case may be, the Training Executive. Should both the chairman and deputy chairman of the Board or the Training Executive be absent from the meeting thereof a member of the Board or the Training Executive elected from among the members who are present shall preside at such meeting. (3) The power to make regulations conferred upon the Governor in Council by section 96 includes power to make regulations for or with respect to any of the matters in subparagraphs (a) to (f) of subsection (1). 36. Minister to provide staff and approve expenditure. (1) In relation to the Board and the Training Executive, the Minister may provide- (a) out of resources available to him, such secretarial, administrative and other assistance as, in his opinion, is necessary or desirable; and (b) for the payment of costs and expenses reasonably incurred by or on behalf of the Board or the Training Executive, in the carrying out of their respective roles and functions. (2) In relation to the Board, the Minister, or an officer authorised by him, may arrange with such colleges, persons and authorities as the Minister thinks necessary, to provide the Board with the services of suitable persons, for such periods as the Minister thinks necessary and on such terms, including the payment of salaries, fees and allowances, if any, as the Governor in Council may from time to time determine. 37. -_,m m-ttion to members of Board , Training Executive and other c( __I_rees, etc. (1) Members of the Board, members of the Trair Executive and members of a standing committee or sub-committee of the Board or a sub-committee of the Training Executive or other committee appointed under this Act shall be paid such fees, allowances and expenses, if any, as the Governor in Council from time to time determines. (2) Fees, allowances and expenses may differ in respect of different members according to class of payment, rate or position held on the Board, the Training Executive, or as the case may be, other committee. (3) A provision in any Act requiring the holder of an office specified therein to devote the whole of his time to the duties

Employment, Vocational Education and Training Act 1055 Amendment Act 1988, No. 85 of his office or prohibiting him from engaging in employment outside the duties of his office shall not operate to disqualify him from holding that office and also the office of a member of the Board, the Training Executive or other committee or from accepting and retaining any fees, allowances or expenses payable to him pursuant to this section. (4) A fee, allowance or amount by way of expenses shall not be paid to a member who is an officer of the public service of Queensland for attendance at a meeting of the Board, the Training Executive or any other committee to which this section applies held during the ordinary office working hours of that member.". 33. New headings and ss. 38, 39 and 40. The Principal Act is amended by inserting immediately after section 37 as inserted by this Act the following headings and sections:- "PART V-TRAINING ADMINISTRATION Division 1-Apprenticeships 38. Trades that are apprenticeship callings . (1) The provisions of this Act that provide for or in connexion with apprenticeships or apprentices apply to trades prescribed by Order in Council, whether made before or after the commencement of the Employment, Vocational Education and Training Act Amendment Act 1988 and the trades so prescribed are apprenticeship callings. (2) A trade may be prescribed under subsection (1) in relation to an industry specified in the Order in Council and in such case the trade is one to which the provisions referred to in that subsection apply and is an apprenticeship calling only in so far as it relates to that industry. (3) The Board may recommend to the Minister that apprentices be apprenticed to a portion or portions of an apprenticeship calling and if the Minister accepts the recommendation those apprentices shall be so apprenticed in respect of the apprenticeship calling by reference to the apprenticeship calling and the portion or portions thereof to which the apprenticeship relates and the provisions of this Act shall apply and extend to those apprentices and their employers. (4) The Board may recommend to the Minister that apprentices be apprenticed to a group of occupations, at least one of which is an apprenticeship calling or portion of an apprenticeship calling, and if the Minister accepts the recommendation those apprentices shall be so apprenticed. The conditions attached to such apprenticeships shall be as determined by the Training Executive. (5) An employer may make application to the Training Executive to indenture a person as an apprentice in an occupation that is not an apprenticeship calling pursuant to subsection (1) and where the employer and that person so agree, the Training

1056 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 Executive may approve that an indenture of apprenticeship be entered into in respect of that person and in that case all the provisions of this Act shall then apply to that voluntary apprenticeship as if it were an apprenticeship in an apprenticeship calling prescribed pursuant to subsection (1). 39. Minimum standards for entry . (1) (a) An Order in Council pursuant to section 38 may prescribe- (i) the age; (ii) the minimum standard of education, which a person must have attained before he may become an apprentice in an apprenticeship calling. (b) Notwithstanding paragraph (a), in the case of a person whose education was obtained at a place outside of Queensland, the minimum standard of education required shall be that which the Training Executive determines as being at the least equal to the standard prescribed for an apprentice in that apprenticeship calling. (2) Different ages or minimum education standards may be prescribed in relation to different apprenticeship callings or group of occupations. (3) Notwithstanding subsection (1) the Minister may approve of a person becoming an apprentice in a case where that person has not attained the prescribed age or prescribed standard of education and, where the Minister does so approve, that person shall not be prevented from becoming an apprentice by reason only of his not having attained the prescribed age or prescribed standard of education. 40. Restrictions as to employment of persons under the age of 21 years. (1) A person- (a) shall not utilize or employ in an apprenticeship calling a person under the age of 21 years who is not in respect of that apprenticeship calling an apprentice employed by such person or who has not in respect of that apprenticeship calling completed an apprenticeship; (b) shall not utilize or employ in an apprenticeship calling otherwise than in accordance with this Act a person under the age of 21 years as an apprentice. (2) A person under the age of 21 years, shall not without the prior written approval of the Training Executive- (a) engage himself in employment in an apprenticeship calling on his own behalf unless he has completed an apprenticeship in that apprenticeship calling; (b) engage himself with another person as an apprentice otherwise than in accordance with this Act.".

Employment, Vocational Education and Training Act 1057 Amendment Act 1988, No. 85 34. New ss. 41, 42 and 43 . The Principal Act is amended by inserting immediately after section 40 as inserted by this Act the following sections:- "41. Prohibition of premiums and the like in respect of apprenticeship . A person shall not demand, accept or agree to accept directly or indirectly from any other person any premium, fee, gift or reward for- (a) employing an apprentice in an apprenticeship calling; (b) inducing or attempting to induce any other person to employ an apprentice in an apprenticeship calling. Upon a conviction for an offence defined in this section the court, in addition to imposing a penalty, may order the defendant to repay to the person who paid or gave the premium, fee, gift or reward the amount of the premium, fee, gift or reward so paid or given. 42. Employer ' s entitlement to apprentice . (1) Subject to this section, every employer who has in his employment a tradesman or who is himself a tradesman in the apprenticeship calling in question shall be entitled to employ at least one apprentice. (2) This section does not apply to an employer in respect of whom the Training Executive has determined that he has not the plant or facilities available to teach the apprentice that apprenticeship calling. (3) This section does not apply to an industrial union, a group training scheme, or an employer who substantially contracts his work out to sub-contractors if the industrial union, group training scheme or contracting employer can place apprentices with its members, other employers or sub-contractors respectively who, in the opinion of the Training Executive can each collectively provide the plant, facilities and tradesmen to teach apprentices in that apprenticeship calling. (4) Where there is a group of two or more employers engaged in an apprenticeship calling which satisfies the Training Executive that the employers comprising that group have the collective facilities to train adequately apprentices in that apprenticeship calling, the group may, subject to this Act, be permitted by the Training Executive to indenture any person as an apprentice. The Training Executive shall determine the joint and several liabilities of the members of the group with respect to apprentices indentured to the group and shall give to each such member a notification in writing of the determination so made. Each member of the group shall comply with that determination. 43. Registration and employment of apprentices . (1) A person who has entered into an arrangement with an employer to become an apprentice shall make application to the Training Executive, in a form approved by the Commissioner, for registration with the Training Executive as an apprentice.

1058 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 (2) An employer who has entered into an arrangement with a person to employ him as an apprentice shall make application to the Training Executive, in a form approved by the Commissioner, for the allotment of that person to him as an apprentice by the Training Executive. (3) Upon receipt of the applications referred to in subsections (1) and (2) the Commissioner shall record in the register of apprentices the name of and other particulars as may be prescribed or so far as not prescribed as may be determined by the Commissioner from time to time, relating to the person applying for registration as an apprentice and the employer applying for the allotment of that person to him as an apprentice. (4) Every person registered as an apprentice in accordance with subsection (3) shall, subject to compliance with the requirements of this Act, be allotted by the Training Executive as an apprentice to the employer with whom the arrangement to become an apprentice has been made. (5) When the Training Executive has allotted an apprentice to an employer pursuant to this section it shall notify the apprentice and the employer in writing of the allotment and prepare an indenture to be executed by the apprentice and where the apprentice is under the age of 18 years, his guardian, and the employer.". 35. New ss. 44, 45 and 46 . The Principal Act is amended by inserting immediately after section 43 as inserted by this Act the following sections:- "44. Register of apprentices . The Commissioner shall establish and maintain a register of apprentices which shall be in such form as may be prescribed or so far as not prescribed as may be determined by the Commissioner from time to time. 45. Probationers . (1) A person who becomes an apprentice in accordance with section 43 shall be employed by his employer on probation for three months from date of commencement of employment on trade work or such longer period not exceeding six months as the Training Executive allows. The probationary period served by a probationer shall be included in and form part of the period of his apprenticeship. (2) (a) The service of a probationer may be terminated during the probationary period or any extension of that period by the giving of one week's notice- (i) by the probationer to the employer and if not so given the probationer shall forfeit to the employer one week's wages in lieu of notice; (ii) by the employer to the probationer and if not so given the employer shall pay the probationer one week's wages in lieu of notice except where the service is terminated because of the misconduct of the probationer.

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1059 (b) Where a notice of termination is given at a time less than one week before the expiration of the probationary period- (i) by the probationer, he shall forfeit to the employer; (ii) by the employer, he shall pay the probationer, wages in lieu of notice in an amount such that the total of the amount of wages for the days remaining in the probationary period after the notice is given and the amount of wages which the probationer is to forfeit or the employer is to pay, as the case may be, shall be equivalent to one week's wages. (3) An indenture executed pursuant to section 46 prior to the termination of the service of a probationer during the probationary period in accordance with this section shall be cancelled by the termination and be of no further force or effect. 46. Indenture of apprenticeship . (1) Every indenture shall be in the prescribed form and contain the prescribed particulars. (2) The parties to an indenture shall be- (a) the employer; (b) the apprentice and where the apprentice is under the age of 18 years, his guardian; and ( c) the Training Executive. (3) When a person becomes an apprentice in accordance with section 43 the employer , the apprentice and where the apprentice is under the age of 18 years , his guardian , shall execute an indenture and return that indenture to the Training Executive prior to the expiration of the period of probation or any extension of that period. (4) The indenture shall be deemed to have been executed by the Training Executive on the date that the indenture duly executed by the employer , the apprentice and, where the apprentice is under the age of 18 years, his guardian , is received by it pursuant to subsection (3). (5) The Training Executive shall retain an indenture executed in accordance with this section and shall give a copy of it to every other party thereto. (6) A person who has been allotted to an employer as an apprentice pursuant to section 43 (4) and who continues to be employed by that employer after the period of his probation or, if that period has been extended, that extended period shall, notwithstanding that an indenture has not been entered into and duly executed and dealt with , be deemed to be and to have been an apprentice under indenture to that employer in the apprenticeship calling in question on and from the date of commencement of his employment on probation with that employer.".

1060 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 36. New ss. 47, 48 and 49. The Principal Act is amended by inserting immediately after section 46 as inserted by this Act the following sections:- "47. Completion of apprenticeship. (1) The period of apprenticeship in an apprenticeship calling or to a group of occupations shall be determined by the Training Executive which may determine that an apprenticeship shall be completed by the effluxion of time, or by the apprentice having reached such a level of trade competence that he may be regarded as a qualified tradesman. (2) The period of apprenticeship in a portion or portions of a calling shall, subject to this Act, be determined by the Training Executive having regard to the period of apprenticeship with respect to an apprentice in the apprenticeship calling in question determined pursuant to subsection (1). (3) The Training Executive may examine the experience and knowledge gained by an apprentice prior to the commencement of his apprenticeship, and if satisfied that by reason of such experience and knowledge the period of indenture in a particular case should be reduced, it may so determine and, in that event, may fix the period that it considers appropriate as the period of apprenticeship in that case. A determination made in accordance with this subsection shall be subject to such terms and conditions as the Training Executive imposes including a condition that, if the apprentice at any time fails to make progress in the theoretical or practical knowledge applicable at any stage to the apprenticeship calling, the Training Executive may extend the period of his apprenticeship for such period as it thinks fit. (4) Where the Training Executive, during the period of an apprenticeship is satisfied that an apprentice in that apprenticeship is attaining high standards of education and trade experience, it may reduce the period of the apprenticeship of that apprentice by such period as in its opinion is warranted in the circumstances. 48. Extent to which indenture is binding. (1) An apprentice who is a party to an indenture of apprenticeship under this Act shall be bound thereby throughout the currency of the indenture notwithstanding that he has attained the age of 18 years. (2) A guardian of an apprentice who is a party to an indenture of apprenticeship under this Act shall be bound thereby until the apprentice attains the age of 18 years. 49. Transfer of apprentice. (1) The Training Executive may transfer an apprentice from one employer to another- (a) if it is satisfied that the employer is not providing the facilities or training necessary to ensure that the apprentice becomes proficient in his apprenticeship calling;

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1061 or (b) for good cause shown upon the application of the employer, apprentice or guardian. (2) The Training Executive may, upon the application of the present employer of an apprentice, a proposed new employer of that apprentice, the guardian, if any, of the apprentice and the apprentice, transfer an apprentice from the present employer to the proposed new employer where the present employer, the proposed new employer, the guardian, if any, of the apprentice and the apprentice are agreeable to the transfer. (3) (a) An apprentice who has been transferred pursuant to this section shall be employed by the new employer on probation for a period which does not exceed one month and the services of that apprentice, while he is on probation, may be terminated in the same manner as the services of a probationer referred to in section 45 may be terminated. (b) Upon a termination of his services pursuant to paragraph (a), the apprentice shall return to the employment of his former employer, but if the Training Executive so determines, the apprentice may be transferred to such other employer as the Training Executive determines and, in that event, the liability of the former employer shall continue until the apprentice is transferred to another employer or the apprenticeship is cancelled, unless the Training Executive authorises the former employer to discharge the apprentice from his employment or the apprentice to terminate his employment with the former employer. (4) (a) At the expiration of a period of one month after an apprentice commences employment with a new employer pursuant to subsections (1) or (2), the Training Executive shall, unless the services of the apprentice with the new employer have been terminated pursuant to subsection (3), assign the indenture of the apprentice to the new employer. (b) An assignment of an indenture of apprenticeship shall be in a form approved by the Commissioner. (c) On and from the date of execution of the assignment by the Training Executive, the assignment shall be deemed to have been executed by the former employer, the new employer, the guardian of the apprentice, if any, and the apprentice and thereafter the new employer, the guardian, if any, of the apprentice and the apprentice shall be bound by the covenants, terms and conditions of the indenture as if they were original parties thereto. (5) Where an apprentice has been employed by a new employer for a period exceeding one month and his transfer to that employer has not been authorised pursuant to subsections (1), (2) or (6), the transfer shall for all purposes of this Act, be deemed to have been authorised by the Training Executive on and from the date on which the apprentice commenced employment with that employer.

1062 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 (6) (a) Notwithstanding subsections (1) and (2), where the Training Executive is satisfied from information received that the period of employment of the apprentice with the employer to whom the apprentice is to be transferred will be for a period not exceeding six months, a notification in a form approved by the Commissioner given to the former employer, new employer, guardian, if any, of the apprentice and apprentice shall be sufficient authority for all purposes for the temporary transfer only of the apprentice to the new employer for the period specified in the notification. (b) At the expiration of that period of temporary transfer, the apprentice shall return to the employ of his former employer.". 37. New ss. 50 , 51, 52 and 53. The Principal Act is amended by inserting immediately after section 49 as inserted by this Act the following sections:- " 50. Attendance at classes and submission for examinations. (1) The Training Executive may direct by notification published in the Queensland Government Industrial Gazette that every apprentice in the apprenticeship calling or group of apprenticeship callings stipulated in the direction, shall undertake the course or courses of instruction by attendance at a State college or any other college or school approved by the Training Executive or by correspondence, as stipulated in the direction for each stage of the course or courses of instruction and may in like manner revoke or vary a direction so given. (2) (a) The Commissioner shall notify in writing the employer, the apprentice and where the apprentice is under the age of 18 years, his guardian, of the commencement date and mode of attendance or study which the apprentice is required to undertake, in respect of the course or courses of instruction stipulated pursuant to subsection (1) and the apprentice, when so notified, shall undertake that course of instruction. (b) Unless all parties to the indenture of apprenticeship are agreeable to a lesser period of notification, the Commissioner shall give such notification not later than 42 days prior to the commencement date of any course which is to be undertaken by continuous attendance. (3) (a) An apprentice shall be entitled to be paid wages by his employer in respect of each attendance at a college or school referred to in subsection (1) at ordinary rates for each period of attendance and the period of attendance shall be regarded as ordinary hours worked. (b) Notwithstanding paragraph (a), an employer shall not be required to pay his apprentice wages for more than the equivalent of the maximum time of attendance as directed by the Training Executive under subsection (1) during the period of apprenticeship. (4) An apprentice may agree with his employer to work in the employer's establishment at times outside those on any day

Employment, Vocational Education and Training Act 1063 Amendment Act 1988, No. 85 which the apprentice is required to be in attendance at such earlier mentioned college or school, and in consideration of performing such work, the apprentice shall be entitled to receive at least the minimum rate of wages as prescribed by the award for those hours of work. (5) An employer shall permit an apprentice employed by him to take his annual holidays at a time other than a time when the apprentice is required to attend a course or courses of instruction by continuous attendance at a college or school referred to in subsection (1). (6) (a) The employer of any apprentice who is required to undertake a course of instruction by correspondence pursuant to subsection (1) shall, for the purpose of enabling the apprentice to undertake that course of instruction by correspondence, permit the apprentice to absent himself during working hours for 4 continuous hours in each week for the duration of the course and shall pay the apprentice, for those 4 hours, wages at the rate which would have been payable if the apprentice had performed ordinary work during those 4 hours. (b) Where an apprentice to whom paragraph (a) applies fails to devote the whole of the 4 hours leave of absence referred to in that paragraph to undertaking the appropriate course of instruction, the Training Executive may order that the apprentice be not granted the 4 hours leave of absence during such period as the Training Executive sees fit to specify and where the Training Executive does so order the apprentice shall not be entitled to that 4 hours leave of absence during the period specified by the Training Executive. (7) Where a course of instruction referred to in subsection (1) contains a requirement that examinations be conducted, each apprentice undertaking that course shall submit himself to such examination as specified by the college or school being attended. 51. Advice of service after termination of apprenticeship or transfer of apprentice . Upon the termination from any cause of an apprenticeship or the transfer under an assignment of an indenture of apprenticeship of an apprentice from one employer to another, the former employer of the apprentice shall, within 30 days after the termination or transfer, advise the Training Executive in a form approved by the Commissioner, of full details of the time served by the apprentice with him. 52. Certificate after completion of apprenticeship . (1) The Training Executive shall issue to every apprentice who completes an apprenticeship in accordance with section 47, a certificate to that effect. (2) Where an apprentice has been indentured to a group of occupations, the certificate referred to in subsection (1) shall indicate each of the occupations or the additional skills taught to the apprentice during the term of the indenture.

1064 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 (3) Notwithstanding subsection (1), where the period of indenture of an apprentice is incomplete by a period not exceeding 14 days, the Training Executive may issue the certificate referred to therein to that apprentice. 53. Apprentice not required to be member of union. An apprentice shall not be required or compelled by any person to become a member of an industrial union of employees.". 38. New heading and ss. 54, 55 and 56. The Principal Act is amended by inserting immediately after section 53 as inserted by this Act the following heading and sections:- "Division 2-Traineeships 54. Trainees. (1) The Training Executive may approve such training schemes as it considers necessary or desirable to advance knowledge and skills required in industry and commerce. (2) A training scheme approved under this section shall provide for such courses of instruction, on the job training, off-the-Job training and certificates of completion as the Training Executive considers necessary or desirable. (3) The Training Executive may require or authorise training under a training scheme approved under this section to be undertaken in accordance with a training agreement entered into pursuant to section 55. (4) The Training Executive may direct a training consultant and may authorise any other person (whether or not employed in the public service of the State) to investigate any training scheme. (5) A person who investigates a training scheme pursuant to subsection (4) shall, upon completing his investigations, furnish to the Training Executive a report of the results of the investigations and his recommendations in respect of the scheme. 55. Training agreement. (1) Every training agreement shall contain the prescribed particulars. (2) The parties to a training agreement shall be- (a) the employer; (b) the proposed trainee and where the proposed trainee is under the age of 18 years, his guardian; and (c) the Training Executive. (3) An employer who wishes to enter into a training agreement pursuant to this section, the proposed trainee under that agreement and where the proposed trainee is under the age of 18 years, his guardian, shall make application to the Training Executive. The Training Executive shall consider each application and approve or reject it. (4) (a) Where the Training Executive approves the application it shall notify the employer, the proposed trainee and where the

Employment, Vocational Education and Training Act 1065 Amendment Act 1988, No. 85 proposed trainee is under the age of 18 years, his guardian, in writing of its approval and prepare a training agreement to be executed by the employer, the proposed trainee and where the proposed trainee is under the age of 18 years, his guardian. (b) The employer, the proposed trainee and where the proposed trainee is under the age of 18 years, his guardian, shall execute the training agreement and return that agreement to the Training Executive within one month of the date of commencement of employment by the trainee with the employer. (5) The training agreement shall be deemed to have been executed by the Training Executive on the date that the agreement duly executed by the employer, the trainee and where the trainee is under the age of 18 years, his guardian, is received by it pursuant to subsection (4). (6) Except in the case of a training agreement deemed to have been executed pursuant to subsection (7), the Training Executive shall retain a training agreement executed in accordance with this section and shall provide a copy of it to every other party thereto. (7) Where the training Executive approves an application to enter into a training agreement, if the employer and the trainee and where the trainee is under the age of 18 years of age, his guardian, do not execute the training agreement, and return it to the Training Executive within one month from the date of commencement of employment by the trainee with the employer, then unless the employer, the proposed trainee or where the proposed trainee is under the age of 18 years, his guardian, withdraws his application in writing, the training agreement shall be deemed to have been executed by all the parties thereto on that date. (8) Where a trainee successfully completes his training under a training agreement entered into pursuant to this section, the Training Executive shall issue to him a certificate to that effect. 56. Register of tra inees. The Commissioner shall establish and maintain a register of trainees which shall be in such form and shall contain such particulars as may be prescribed or so far as not prescribed, as may be determined by the Commissioner from time to time.". 39. New ss. 57 and 58. The Principal Act is amended by inserting immediately after section 56 as inserted by this Act the following sections:- "57. Extent to which training agreement is binding. (1) A trainee who is a party to a training agreement under this Act shall be bound thereby throughout the currency of the agreement notwithstanding that he has attained the age of 18 years. (2) A guardian of a trainee who is a party to an agreement under this Act shall be bound thereby until the trainee attains the age of 18 years.

1066 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 58. Attendance at classes . The Commissioner shall notify the employer, the trainee and where the trainee is under the age of 18 years, his guardian, of the commencement date of any period of instruction which the trainee is required to undertake by attendance at a State college or any other college or school approved by the Training Executive and the trainee, when so notified to attend for that period shall attend.". 40. New heading and ss. 59, 60 and 61 . The Principal Act is amended by inserting immediately after section 58 as inserted by this Act the following heading and sections:- "Division 3-Other training arrangements 59. Pre-apprenticeship , pre-vocational and full time institutional training . (1) The Training Executive, may approve that- (a) a pre-apprenticeship course of instruction in an apprenticeship calling; (b) a pre-vocational course of instruction in a specified group of apprenticeship callings; (c) a full time educational and training course of instruction as an alternative to apprenticeship training in an apprenticeship calling, be introduced into a State college or any other college or school approved by it for the purpose. (2) The Training Executive shall consider every course introduced under this section and may determine whether a further period of training under an indenture of apprenticeship is necessary for persons who have completed the course to enable them to become competent in that apprenticeship calling for the purpose of being issued with a completion of apprenticeship certificate. If the Training Executive considers a further period of training under apprenticeship indenture is necessary, it shall determine that period. A determination in accordance with this subsection may also specify that a person undertake a specified course of instruction by attendance at a State college or any other college or school referred to in subsection (1) during that period. 60. Recognition of work or training . (1) A person may apply to the Training Executive to have any work or training previously performed or undertaken by him recognized. (2) A person referred to in subsection (1) shall supply to the Training Executive full details of the- (a) type of work performed, the period during which that work was performed and the name and address

Employment, Vocational Education and Training Act 1075 Amendment Act 1988, No. 85 employer, the apprentice or trainee and where the apprentice or trainee is under the age of 18 years, his guardian, and lodged with the Training Executive; and (b) the Training Executive approves of the variation and signs the variation of indenture of apprenticeship or training agreement form. (3) On and from the date that the Training Executive signs the variation of indenture of apprenticeship or training agreement form, the covenants, terms and conditions contained in the indenture of apprenticeship or training agreement shall be deemed to be varied in accordance with the variations set out in the variation of indenture of apprenticeship or training agreement form and the indenture of apprenticeship or training agreement shall thereafter be read and construed accordingly. (4) The Commissioner shall notify the employer, the apprentice or trainee and where the apprentice or trainee is under the age of 18 years, his guardian, of the decision of the Training Executive in respect of a variation in accordance with subsection (2), and where the Training Executive has approved of a variation and signed the variation of indenture of apprenticeship or training agreement form it shall send copies thereof to the employer and the apprentice or trainee and where the apprentice or trainee is under the age of 18 years, his guardian. 72. Inability of employer to provide work. (1) An employer who is unable from any cause to provide work for an apprentice or trainee may agree with the Training Executive, the apprentice or trainee and where the apprentice or trainee is under the age of 18 years, his guardian, to arrange a transfer to another employer. Where the employer, the apprentice or trainee and where the apprentice or trainee is under the age of 18 years, his guardian, cannot reach agreement, then any of them may apply to the Training Executive to arrange the transfer and execute an assignment of the indenture or training agreement or to have the indenture or training agreement cancelled. The apprentice or trainee shall remain in the employment of the employer pending the decision of the Training Executive. (2) An employer who from any cause is unable temporarily to provide work to employ fully an apprentice or trainee during ordinary working time may apply in writing to the Commissioner for permission to stand down the apprentice or trainee or to employ the apprentice or trainee for less than his full working time per week or per month at a remuneration in accordance with the time worked proportionate to his weekly wage and the Training Executive, shall determine the matter. Where the Training Executive grants permission pursuant to this subsection it may impose such conditions as it thinks fit.

1076 Employment , Vocational Education and Training Act Amendment Act 1988, No. 85 (3) Unless the Training Executive determines otherwise as part of the conditions of permission, where an apprentice or trainee is stood down or employed for less than his full working time pursuant to permission granted by the Training Executive under subsection (2), the year of apprenticeship of the apprentice or the stage of training concerned or the period of the training agreement shall be extended by the time so lost. The Training Executive may determine that the year of apprenticeship or stage of training thereunder or the period of the training agreement shall be extended for a period of time less than the time so lost, or not extended, and may impose conditions upon the apprentice or trainee in respect thereof.". 45. New ss. 73 , 74 and 75. The Principal Act is amended by inserting immediately after section 72 as inserted by this Act the following sections:- "73. Record to be maintained by employer . (1) Each employer shall establish and maintain as prescribed a record containing the prescribed particulars in relation to each apprentice, probationer and trainee to whom this Act applies who is for the time being employed by him. (2) A record required to be maintained by an employer under subsection (1) shall be retained by him for a period of five years after the person to whom the record relates has ceased to be employed by him. (3) An employer shall produce any record maintained or retained by him pursuant to this section to a person authorized under this Act to inspect the same upon demand being made by that person. 74. Training record . (1) The Training Executive may, for the purposes of this section, from time to time issue to an apprentice or trainee, a training record book containing instructions in respect of the completion thereof. (2) A person to whom a training record book is issued pursuant to subsection (1) shall maintain therein a record of his training and produce it to his employer from time to time in accordance with the instructions set forth in the training record book and in accordance with such further written instructions as the Training Executive may give to him, from time to time. (3) An employer to whom a training record book is produced pursuant to subsection (2) shall make, in respect of each entry therein, a notation indicating whether or not the entry is correct. A notation may be in respect of more than one entry. (4) Upon being required to do so by a training consultant, a person to whom a training record book is issued pursuant to subsection (1) shall produce the record book for inspection. 75. Absence from employment . Where an apprentice or a trainee is absent, other than an absence which is authorised or

Employment, Vocational Education and Training Act 1077 Amendment Act 1988, No. 85 required by this Act, from his employment during the period of training required under his indenture or training agreement, the Training Executive may extend the period of training under the indenture or the training agreement or a stage thereof, by the period of absence, or by a lesser period, as it thinks fit. Where the Training Executive extends the period of training or stage thereof, under this section, the indenture or the training agreement shall be deemed to be varied accordingly.". 46. New ss . 76, 77 and 78. The Principal Act is amended by inserting immediately after section 75 as inserted by this Act the following sections:- "76. Prevention by employer of attendance by apprentice or trainee at college or class . An employer who in any way directly or indirectly- (a) interferes with or obstructs an apprentice or trainee in such manner as to prevent him or attempts to prevent him from attending a college or school on any occasion on which he is required by this Act to attend thereat; (b) prejudices the employment of an apprentice or trainee or places him at any disadvantage as a consequence of his attending or attempting to attend or so as to discourage him from attending a college or school, as herein before mentioned, commits an offence against this Act. 77. Discipline. (1) If the Training Executive has reason to believe- (a) upon complaint made to it by an employer; or (b) upon its own motion or information from any other source, that an apprentice or trainee is guilty of behaviour such as is prescribed by subsection (3), it may, subject to this section, impose on the apprentice or trainee any of the following penalties- (c) cancellation of his apprenticeship indentures or training agreement; (d) suspension of his apprenticeship indenture or training agreement; (e) fining of the apprentice or trainee in such amounts as may be prescribed; or (f) reprimand of the apprentice or trainee. (2) The Training Executive shall not impose a penalty under subsection (1) unless- (a) it has first given the apprentice or trainee an opportunity to present his case as to why a penalty should not be imposed;

1078 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 and (b) whether or not the apprentice or trainee avails himself of the opportunity referred to in paragraph (a), it is satisfied that the circumstances warrant the imposition of a penalty under subsection (1). (3) Behaviour in respect of which action may be taken under subsection (1) occurs if the apprentice or trainee- (a) wilfully disobeys a lawful order of his employer; (b) is dishonest or guilty of gross misbehaviour; (c) absents himself from his employer's service without the consent of his employer; (d) fails to attend a college or school that he is required to attend; (e) absents himself from classes which he is required to attend, without the prior permission of the director; (f) fails to return any correspondence papers he is required to return in connexion with a course of instruction; (g) fails to make adequate progress with respect to a stage of the course of instruction that he is required to attend; (h) fails to maintain his training record book, or fails to produce it to his employer, as required by section 74; (i) upon being required to do so by a training consultant or welfare consultant fails to produce his training record book for inspection; or (j) fails to make satisfactory progress in the theoretical or practical knowledge applicable to the apprenticeship calling or traineeship in question. (4) Where a fine is imposed on any apprentice or trainee under subsection (1), the Training Executive shall stipulate whether the fine is to be paid directly by the apprentice or trainee or deducted by the employer from the wages of the apprentice or trainee. All fines imposed under subsection (1) shall be paid to and be the property of the corporation sole. (5) Cancellation of an indenture of apprenticeship or a training agreement under subsection (1) shall have no effect until the expiry of four weeks or such lesser period as the Training Executive may direct, from the day on which the Training Executive imposed the cancellation. 78. Cancellation of indenture or training agreement on request. The Training Executive may cancel an indenture of apprenticeship or a training agreement upon receipt, of a request in that regard

Employment , Vocational Education and Training Act 1079 Amendment Act 1988, No. 85 from the employer, the apprentice or trainee and, where the apprentice or trainee is under the age of 18 years, his guardian.". 47. New ss. 79, 80, 81 and 82. The Principal Act is amended by inserting immediately after section 78 as inserted by this Act the following sections:- "79. Failure to provide tools of trade . (1) An employer shall not fail to provide to his apprentice or trainee, such tools of trade as are required by or under this Act or under a training agreement pursuant to this Act, to be so provided. (2) Upon a conviction for an offence defined in this section, the industrial magistrate may, in addition to imposing a penalty, order- (a) that the defendant provide the apprentice or trainee in respect of whom the proceeding is brought with such tools of trade as have not been so provided; or (b) that the defendant pay to the Commissioner an amount of money equal to the value of such tools of trade as have not been provided. (3) An apprentice or trainee who has not been provided by his employer with such tools of trade as are required by or under this Act or under a training agreement pursuant to this Act, to be so provided or an industrial union of employees on his behalf may, whilst he is employed by that employer or within 12 months after the termination of his employment with that employer, make application to an industrial magistrate for an order- (a) that the employer provide the apprentice or trainee with such tools of trade as have not been so provided; (b) that the employer pay to the Commissioner an amount equal to the value of such tools of trade as have not been provided. An application under this subsection shall be set down for hearing and served on the employer. Upon the return day, the industrial magistrate shall hear the application and may make an order in accordance with this subsection. An order made by an industrial magistrate in accordance with this subsection shall be enforceable as if it were an order made by him sitting as a Magistrates Court and the Justices Act1886-1988 shall apply and extend accordingly. (4) The Commissioner shall, upon receipt of the money ordered to be paid under subsection (2) (b) or (3) (b), arrange to have supplied to the apprentice or trainee in respect of whom the order was made tools of trade to the value of that money.

1080 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 80. Offences with respect to employment of apprentices and other persons to whom this Act applies . A person- (a) shall not directly or indirectly or under a pretence or device employ or attempt to employ or authorize or permit to be employed by any other person an apprentice, person under the age of 21 years referred to in section 40 or trainee at a lower rate of pay than that to which he is entitled under this Act; (b) shall not directly or indirectly fail to pay or provide to an apprentice, person under the age of 21 years referred to in section 40 or trainee any other entitlement due to him under this Act; (c) shall not employ or attempt to employ or authorise or permit to be employed by any other person an apprentice or trainee in excess of the number that he is entitled to employ under this Act. 81. Recovery of wages and other money due to apprentice or trainee . (1) Upon application made to an industrial magistrate by- (a) an apprentice, person under the age of 21 years referred to in section 40 or trainee to whom this Act applies; (b) his guardian, where a person referred to in provision (a) is under the age of 18 years; (c) an industrial union of employees on behalf of any apprentice, person under the age of 21 years referred to in section 40 or trainee to whom this Act applies, within 2 years after any money payable under this Act becomes payable to the apprentice, person under the age of 21 years referred to in section 40 or trainee to whom this Act applies- (d) for work done by him; (e) for any holiday, leave by way of annual holidays or sick leave; (f) otherwise howsoever, the industrial magistrate may order the person liable under this Act for payment of that money to pay to the apprentice, person under the age of 21 years referred to in section 40 or trainee to whom this Act applies any unpaid amount thereof earned or that became due within the 2 years last preceding the date of the application. The industrial magistrate may by his order impose such terms and condition with respect to payment of the money ordered to be paid and may award costs at his discretion and assess the amount of costs so awarded. (2) An order under subsection (1) may be made notwithstanding any agreement to the contrary or for smaller payments expressed or implied between the apprentice, person

Employment, Vocational Education and Training Act 1081 Amendment Act 1988, No. 85 under the age of 21 years referred to in section 40 or trainee to whom this Act applies and the person liable to make the payments. (3) Upon the conviction of a person for an offence that involves failure by him to pay an apprentice, person under the age of 21 years referred to in section 40 or other trainee to whom this Act applies any money due to him under this Act, the industrial magistrate may, in addition to imposing a penalty, order payment by the defendant to the apprentice, person under the age of 21 years referred to in section 40 or other trainee to whom this Act applies of all money payable that has become so payable within the 2 years last preceding the date on which the proceeding for the offence was instituted. (4) An order made by an industrial magistrate in accordance with this section whether upon application or by way of a proceeding for an offence shall be enforceable as if it were an order made by an industrial magistrate sitting as a Magistrates Court and the provisions of the Justices Act 1886-1988 shall apply and extend accordingly. 82. Payment to industrial inspector or training consultant of money due to apprentice or trainee . Upon demand made by an industrial inspector or training consultant in that behalf, an employer shall pay to him the amount of money due to an apprentice, person under the age of 21 years referred to in section 40 or trainee under this Act and remaining unpaid in respect of the period of 12 months last preceding the date of the demand, or in the case where employment has terminated with that employer, 12 months preceding the date of termination.". 48. New heading and ss. 83 , 84 and 85 . The Principal Act is amended by inserting immediately after section 82 as inserted by this Act the following heading and sections:- "PART VI-GENERAL PROVISIONS 83. Criminating questions . A person is not obliged under this Act to answer any question or furnish any information or evidence if the answer to that question or the information or evidence would incriminate him. 84. Attendance of persons before Training Executive. (1) The Commissioner by notice in writing given by him, may require a person who is a party to any indenture of apprenticeship, or training agreement entered into pursuant to this Act to attend before the Training Executive for the purpose of the investigation and determination of any matter with respect to such apprenticeship or training agreement. (2) Subject to section 83, a person who attends in accordance with subsection (1) may be required to answer any question and to produce any document or writing in his possession that the Training Executive thinks relevant to the investigation. (3) A person who fails to attend before the Training Executive after notice given in accordance with subsection (1) or who,

1082 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 having so attended, without lawful excuse fails to answer any question put to him or to produce any document or writing that he is required to produce commits an offence against this Act. 85. Prohibition as to disclosure of information . (1) Subject to subsection (2), an officer appointed for the purposes of this Act or a member of the Board, the Training Executive or other committee constituted or appointed under this Act or any person engaged in carrying this Act into effect shall not disclose to any person information that he has acquired in the performance of his functions and duties. (2) Subsection (1) does not operate to prevent the disclosure of information- (a) for the purposes of this Act and in the performance of functions and duties under this Act; (b) with the authorisation of the chief executive; (c) ordered by a court or other duly constituted tribunal to be disclosed for the purpose of a proceeding before that court or tribunal.". 49. New ss. 86 , 87 and 88 . The Principal Act is amended by inserting immediately after section 85 as inserted by this Act the following sections:- "86. Service of writings . A notice, order or other writing authorised or required by this Act to be given to or served upon any person shall be duly given or served if- (a) it is served personally on the person to whom it is directed; (b) it is left at the place of residence or business of the person to whom it is directed last known to the person who gives it; (c) it is sent by post to the place of residence or business of the person to whom it is directed last known to the person who gives it. 87. Defacing and the like of documents . A person shall not, without lawful authority or excuse, destroy, deface, alter, take or otherwise interfere with an indenture of apprenticeship or assignment thereof or a training agreement or other document or form used for the purposes of this Act. 88. Offences generally and penalty . (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) A person who- (a) fails to do that which he is directed or required to do; (b) does that which he is forbidden to do, by a person acting under the authority of this Act commits an offence against this Act.

Employment, Vocational Education and Training Act 1083 Amendment Act 1988, No. 85 (3) Save where a specific penalty is otherwise prescribed, a person who commits an offence against this Act is liable to a penalty of 30 penalty units.". 50. New ss. 89 , 90 and 91. The Principal Act is amended by inserting immediately after section 88 as inserted by this Act the following sections:- "89. Proceedings for offences . (1) (a) Except as provided in this subsection, a prosecution for an offence against this Act shall be taken by summary proceeding before an industrial magistrate sitting alone, within 12 months after the offence is committed or within 6 months after the commission of the offence first comes to the knowledge of the complainant, whichever period is the later to expire. (b) A prosecution for an offence against section 20 shall be taken by way of summary proceedings under the Justices Act1886-1988. (2) A prosecution for an offence against this Act may be instituted- (a) by the Commissioner, or any training consultant; (b) by a person authorised in writing in that behalf by the Minister. (3) Notwithstanding this Act, the Justices Act 1886-1988 or any other Act, law or practice, where all parties so agree in writing signed by them or their representatives, a proceeding under this Act may be heard and determined at a place other than the place at which but for this provision that proceeding may be heard and determined according to law. Where a proceeding under this Act has been instituted at the place at which but for this provision it may be heard and determined according to law and an agreement has been entered into in accordance with this subsection, the industrial magistrate shall order that the proceeding be transferred for hearing and determination to the place agreed upon and shall grant necessary adjournments accordingly and transmit to the industrial magistrate at the place so agreed upon all documents relevant to the proceeding. (4) Subject to this section, the Justices Act 1886-1988 shall apply and extend to a prosecution for an offence against this Act. 90. Representation of parties at hearing . (1) Subject to subsection (2), a party to a proceeding under this Act may be represented at the hearing and determination thereof by his agent duly appointed in writing in that behalf. (2) Unless the parties thereto so agree, a party to a proceeding under this Act shall not be represented by counsel or solicitor.

1084 Employment , Vocational Education and Training Act Amendment Act 1988, No. 85 91. Evidentiary provisions . (1) In a proceeding for the purposes of this Act- (a) it shall not be necessary to prove- (i) the appointment of the Commissioner, or any other officer appointed for the purposes of this Act or a member of the Board or the Training Executive; (ii) the authority of the Commissioner, or any other officer appointed for the purposes of this Act to do any act, take any proceeding or give any order or direction; (b) a direction given by the Training Executive pursuant to section 50 shall, upon notification published in the Queensland Government Industrial Gazette, be judicially noticed; (c) a signature purporting to be that of the Commissioner, or other officer appointed for the purposes of this Act shall until the contrary is proved be taken to be the signature it purports to be; (d) an entry in a register required to be kept by or under this Act or a copy of or extract therefrom certified by the Commissioner shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (e) the absence of the name of a person or the name of a vocational education and training establishment from a register required to be kept by or under this Act shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that that person or that vocational education and training establishment is or is not or was or was not registered as an apprentice, a trainee or, as the case may be, a vocational education and training establishment under this Act; (f) a certificate signed by the Commissioner that a person or vocational education and training establishment is or is not or was or was not registered as an apprentice or trainee or as the case may be, a vocational education and training establishment under this Act shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters stated therein; (g) a certificate purporting to be signed by a person authorized to grant it shall, upon its production in that proceeding, be evidence and, in the absence of

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1085 evidence to the contrary, conclusive evidence of the matters contained therein; (h) an allegation or averment in a complaint- (i) that any place is or that any act, matter or thing was done or omitted within a specified district; (ii) of the date on which the commission of an offence against this Act first came to the knowledge of the complainant, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment. (2) A facsimile signature purporting to be a facsimile of the signature of the Commissioner appearing on any document or writing shall, until the contrary is proved, be taken to be the signature of the Commissioner and be recognized and accepted for all purposes as his signature.". 51. New ss. 92 , 93 and 94. The Principal Act is amended by inserting immediately after section 91 as inserted by this Act the following sections-- "92. Offence by body corporate etc. (1) Where a body corporate or industrial union commits an offence against this Act, each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly- (a) the person who at the time the offence is committed was the chairman of directors, managing director, manager, secretary or other governing officer by whatever name called or other member of the governing or controlling body thereof by whatever name called; (b) every person who at the time the offence is committed manages or acts or takes part in the management, administration, government or control of the business or activities in Queensland thereof. (2) This section applies so as not to limit or affect in any way the liability of a body corporate or industrial union to be proceeded against and punished for an offence against this Act committed by it. (3) It is a defence to a charge of an offence against this Act brought against a person specified in subsection (1) (a) or (1) (b) to prove that the offence was committed without that person's consent or connivance and that he exercised due diligence to prevent the commission of the offence. 93. Appeal to Minister. (1) A person aggrieved by a decision or action of the Board, the Training Executive or the Commissioner on any matter arising under this Act may, within 21 days from the date that notice of the decision or action was

1086 Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 given to him, appeal in writing against that decision or action to the Minister and the Minister- (a) may make a decision thereon; or (b) may refer the appeal to an industrial magistrate. An industrial magistrate to whom an appeal is referred under this section shall hear and determine the appeal. (2) A decision of the Minister or an industrial magistrate on an appeal pursuant to subsection (1) shall be final and conclusive. (3) The procedure upon an appeal pursuant to this section shall be as prescribed. (4) An appeal under this section does not operate to stay the decision or action appealed against unless the Minister otherwise directs and any conditions imposed by the Minister when directing the stay are complied with. 94. Appeal to Industrial Court. A person aggrieved by a decision of an industrial magistrate in the exercise of the jurisdiction conferred upon him by this Act, save a decision given upon a reference by the Minister in accordance with section 93, may appeal to the Industrial Court. A party to an appeal under this section may be represented by counsel or solicitor with the consent of all parties to the appeal or by leave of the Industrial Court. Proceedings upon the appeal shall be as prescribed by Rules of the Industrial Court or, so far as not prescribed, as that court determines.". 52. New ss. 95 and 96 . The Principal Act is amended by inserting immediately after section 94 as inserted by this Act the following sections:- "95. Protection for acts done pursuant to Act. (1) No matter or thing done or omitted to be done by the Crown or any person- (a) pursuant to this Act; or (b) bona fide and without negligence for the purposes of this Act, shall subject the Crown or that person to any liability. (2) Where any question arises as to whether the Crown's or a person's liability for any act or omission, the subject of the proceedings, is negatived under subsection (1) and the Crown or the person claims to have acted pursuant to or for the purpose of this Act the burden of proof of negligence and the absence of good faith shall lie upon the person alleging to the contrary.

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1087 96. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to- (a) applications by persons desirous of becoming apprentices, pre-vocational or pre-apprenticeship students, or trainees; (b) training courses required for apprentices, pre- vocational or pre-apprenticeship students, or for trainees; (c) the trade experience or training or both required to be given by an employer to an apprentice or trainee; (d) the enrolment for and attendance at courses of instruction and classes forming part of those courses by apprentices in apprenticeship courses, or trainees in traineeship courses; (e) the standard form of an indenture of apprenticeship and the covenants, terms and conditions thereof; (f) applications by employees other than apprentices, whose occupations require training, who are desirous of undergoing such training; training courses required for such employees; work experience or training or both required to be given by an employer to such employees; enrolment for and attendance at courses of instruction and classes forming part of those courses by such employees; (g) all matters and things with respect to probation and probationers; (h) the period of training required for trainees, the standard form for a training agreement and the convenants, terms and conditions to be inserted therein; (i) the registration of apprentices, trainees and vocational education and training establishments; (j) the registration, variation, cancellation and assignment of identures, and training agreements; (k) the registration of pre-apprenticeship students and pre-vocational students; (1) the effect of a certificate issued to an apprentice, or trainee after completion by him of an apprenticeship or other course of training and the extent to which and the purposes for which that certificate shall be recognized;

1088 Employment , Vocational Education and Training Act Amendment Act 1988, No. 85 (m) the keeping and maintenance of records by employers, apprentices and trainees; (n) the forms to be used for the purposes of this Act and the particular purposes for which those forms shall respectively be used; (o) the fees payable under this Act and the fixing thereof and the purposes for which those fees are payable; (p) the procedure to be followed at an inquiry of any nature by the Board or the Training Executive; (q) the fines which may be imposed on apprentices and trainees for breaches of discipline; (r) penalties not exceeding in each case four penalty units for a contravention of or failure to comply with the regulations; (s) the maximum number of apprentices who may be employed by an employer in an apprenticeship calling in proportion to the number of tradesmen employed by that employer in that calling; the maximum number of trainees who may be employed by employer; the variation of that number by the Training Executive in relation to an application by an employer for that purpose; (t) the operations of group training schemes, the training of apprentices and trainees employed by group training schemes and the conditions of employment of apprentices and trainees employed by group training schemes; (u) the procedure upon an appeal to the Minister; (v) all matters required or permitted by this Act to be prescribed where the manner of prescription is not specified; (w) all matters necessary or convenient to be prescribed for the proper administration of this Act or for better achieving the objects and purposes of this Act. The power to regulate conferred by this subsection includes the power to prohibit. (2) The regulations may be made- (a) to apply generally or to meet a particular case or class of case or subject matter; (b) to apply to a specified apprenticeship calling or group of apprenticeship callings; (c) to apply thoughout the State or within any part of the State. A regulation may vary according to different apprenticeship callings or traineeship classifications.

Employment, Vocational Education and Training Act Amendment Act 1988, No. 85 1089 (3) The regulations may adopt wholly or partly and either by reference or express specification therein any of the provisions of an award.". SCHEDULE [S. 4] Year and Number of Act Short title 1979 No. 4 .. .. .. .. .. .. .. 1980 No. 38 1982 No. 6 .. .. .. .. .. .. .. 1983 No. 35 1985 No. 104 ........... . 1986 No. 10 1987 No. 49 1988 No. 10 Industry and Commerce Training Act1979 Industry and Commerce Training ActAmendment Act 1980 Industry and Commerce Training ActAmendment Act 1982 Industry and Commerce Training ActAmendment Act 1983 Industry and Commerce Training ActAmendment Act 1985 Industry and Commerce Training ActAmendment Act 1986 Industry and Commerce Training ActAmendment Act 1987 Industry and Commerce Training ActAmendment Act 1988