Further Education and Training Act 2014 (Qld)

Further Education and Training Act 2014

An Act to streamline the regulation of apprenticeships and traineeships and to establish a robust and modern legislative framework for training

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Further Education and Training Act 2014.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Act binds all persons

(1)This Act binds all persons including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.

Part 2    Objects of Act

4   Objects

The objects of this Act are—

(a)to strengthen Queensland’s economic base by providing a skilled workforce that meets the current and future needs of industry, Government and the community; and

(b)to facilitate the provision of vocational education and training that is linked to employment and is responsive to the future workforce development and skills requirements of industry; and

(c)to support the continued development of high-quality training by and within industry; and

(d)to support Queenslanders to access and complete the skills training they need to get a job and contribute to the State’s economy and their own prosperity; and

(e)to establish a simple, streamlined apprenticeship and traineeship system featuring flexible, industry-endorsed approaches to trade training; and

(f)to support industry and employers to take on, train and retain apprentices and trainees.

Part 3    Interpretation

5   Definitions

The dictionary in schedule 1 defines particular words used in this Act.

6   Who is an apprentice

(1)An employee who is being trained in an apprenticeship is an apprentice if an apprenticeship contract for the apprenticeship has been signed by the parties to the contract, whether or not the contract has been registered under this Act.

Note—

Section 15 states who are the parties to the contract.

(2)However, an employee is not an apprentice if—

(a)the employee’s employer is a prohibited employer; and

(b)the employment contravenes the declaration of the employer under section 59.

7   Who is a trainee

(1)An employee who is being trained in a traineeship is a trainee if a traineeship contract for the traineeship has been signed by the parties to the contract, whether or not the contract has been registered under this Act.

Note—

Section 15 states who are the parties to the contract.

(2)However, an employee is not a trainee if—

(a)the employee’s employer is a prohibited employer; and

(b)the employment contravenes the declaration of the employer under section 59.

Chapter 2    Apprentices and trainees

Part 1    Declaring apprenticeships or traineeships

8   Declaring apprenticeships or traineeships

(1)This section applies if a person can obtain a qualification or statement of attainment by completing employment-based training with an employer.

(2)The chief executive may declare the employment-based training leading to the qualification or statement of attainment to be an apprenticeship or traineeship.

(3)A declaration under subsection (2)—

(a)must be in writing; and

(b)must be published on the department’s website; and

(c)may include requirements prescribed by regulation for the apprenticeship or traineeship.

(4)Without limiting subsection (3)(c), the requirements may include the following for the apprenticeship or traineeship—

(a)the minimum hours of paid employment;

(b)whether it is to be completed on a full-time or part-time basis;

(c)whether it may be completed by a student at a school;

(d)the number of units of competency that may be completed by a student at a school.

(5)A declaration under subsection (2) does not prevent the qualification or statement of attainment being attained in a way other than by completing an apprenticeship or traineeship.

Part 2    Training contracts

Division 1 Preliminary

9   Start of apprenticeship or traineeship

An apprenticeship or traineeship starts on the day agreed by the employer and the person who is to become the employer’s apprentice or trainee.

10   Term of training contract

(1)The chief executive may decide the term (the nominal term) of training contracts for apprenticeships and traineeships.

(2)Different nominal terms may be decided—

(a)for different apprenticeships or traineeships; or

(b)depending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school; or

(c)for individual apprentices or trainees who have previous experience as an apprentice or trainee; or

(d)for individual apprentices or trainees who have previously obtained qualifications or gained relevant work experience.

(3)The nominal term of a training contract must include the probationary period for the apprenticeship or traineeship.

Note—

Section 23 provides for an extension of the nominal term for a particular apprentice or trainee.

11   Probationary period

(1)The chief executive is to decide the probationary period for apprenticeships and traineeships.

(2)Different probationary periods may be decided—

(a)for different apprenticeships or traineeships; or

(b)depending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school.

12   Application to extend probationary period

(1)The parties to a training contract may apply in the approved form to the chief executive to extend the probationary period for the apprentice or trainee.

Note—

Section 15 states who are the parties to the contract.

(2)However, the probationary period may not be extended past the date that is 6 months from the commencement of the training contract.

(3)The application must be received by the chief executive at least 14 days before the end of the probationary period.

(4)However, the chief executive may consider an application received after that time if the chief executive is satisfied exceptional circumstances caused or contributed to the lateness of the application.

(5)If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.

(6)However, subsection (5) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.

Example—

It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.

13   Decision on application to extend probationary period

(1)The chief executive must decide an application under section 12 within 7 days after receiving the application.

(2)If the chief executive decides to grant the application, the chief executive must give the parties to the training contract written notice of the decision.

(3)If the chief executive decides not to grant the application, the chief executive must give the parties to the training contract written notice of the decision, including the reasons for the decision.

(4)If the chief executive fails to decide the application within 7 days after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.

14   Ending apprenticeship or traineeship during probationary period

(1)An apprenticeship or traineeship may be ended during the probationary period by the giving of written notice—

(a)by the employer to the apprentice or trainee; or

(b)by the apprentice or trainee to the employer.

(2)A notice under subsection (1) must state the date the apprenticeship or traineeship is to end.

(3)For subsection (2), the stated date must not be later than the end of the probationary period.

(4)The employer must notify the chief executive that the apprenticeship or traineeship has ended within 7 days after it ends.

Maximum penalty for subsection (4)—20 penalty units.

Division 2 Signing and registration of training contracts

15   Training contract to be signed

(1)The employer of a person who is to be trained by the employer as an apprentice or trainee must ensure a training contract is signed by the parties within 14 days after the day the apprenticeship or traineeship starts.

Maximum penalty—40 penalty units.

(2)The parties to the training contract are—

(a)the employer; and

(b)the person to be trained as an apprentice or trainee under the contract.

(3)If the person to be trained as an apprentice or trainee is under 18 years, the training contract must also include the signed consent of a parent of the person within the time mentioned in subsection (1).

(4)However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.

Example—

It may be inappropriate for a parent to give signed consent if the person to be trained as an apprentice or trainee is living independently of his or her parents.

16   Employer must ensure training contract is given to chief executive or person authorised

(1)An employer who is a party to a training contract must take all reasonable steps to ensure the contract is given to either of the following within 28 days after the day the apprenticeship or traineeship starts—

(a)the chief executive;

(b)a person authorised by the chief executive to accept training contracts.

Maximum penalty—40 penalty units.

(2)The chief executive must publish on the department’s website the names and addresses of persons authorised to accept training contracts.

17   Registering training contracts

(1)This section applies if the chief executive or a person authorised to accept training contracts receives a signed training contract from an employer under section 16.

(2)The chief executive must decide whether to register or refuse to register the training contract.

(3)The chief executive may, by written notice, request the employer to give, within the reasonable time of not less than 14 days stated in the notice, the additional documents or information the chief executive considers necessary to decide whether to register the training contract.

(4)The chief executive may refuse to decide whether to register the training contract until the parties supply the requested documents or information.

(5)The chief executive may register the training contract only if—

(a)the contract is in the approved form; and

(b)if the chief executive has requested documents or information under subsection (3)—the employer has supplied the documents or information; and

(c)the employer is not a prohibited employer whose employment of the apprentice or trainee contravenes the declaration of the employer under section 59; and

(d)if the employer is actively employing 25 or more apprentices and trainees under a hosting arrangement—the employer is a group training organisation or principal employer organisation; and

(e)the apprentice or trainee is not prohibited under an Act or law from undertaking paid employment; and

Example for paragraph (e)—

an apprentice or trainee who holds a visa that prohibits him or her from working while in Australia.

(f)a registered training organisation has—

(i)accepted the nomination to be the supervising registered training organisation for the apprentice or trainee; and

(ii)undertaken to prepare a training plan, including an employer resource assessment; and

(g)if the apprentice or trainee is a school student—the chief executive is satisfied it is appropriate in all the circumstances for the training contract to be registered.

(6)For subsection (5)(g), in deciding whether it is appropriate to register the training contract, the chief executive must have regard to the following—

(a)the age and year of schooling of the student;

(b)whether the student’s school supports the contract;

(c)other matters that may be relevant for deciding whether the training contract is suitable for the student.

(7)In subsection (6)(b), a reference to the student’s school is, for a student registered for home education under the Education (General Provisions) Act 2006, a reference to the chief executive of the department administering that Act.

(8)If the chief executive registers the training contract, the chief executive must give the parties to the contract written notice that the contract is registered.

(9)If the chief executive refuses to register the training contract, the chief executive must give each party written notice of the decision, including the reasons for the decision.

(10)If the chief executive refuses to register the training contract, the contract and the apprenticeship or traineeship to which it relates end on—

(a)the day stated in the written notice of the decision as the day the decision has effect; or

(b)an earlier day agreed to by the parties.

(11)In this section—

home education has the meaning given in the Education (General Provisions) Act 2006, section 205.

18   False or misleading information in training contract

(1)A person must not state anything in a training contract that the person knows is false or misleading.

Maximum penalty—50 penalty units.

(2)A person must not induce or coerce someone else to state anything in a training contract that the person knows is false or misleading.

Maximum penalty—50 penalty units.

19   Premiums prohibited

(1)A person must not, either directly or indirectly, demand, accept, or agree to accept, from another person a premium for—

(a)employing a person as an apprentice or trainee; or

(b)inducing, or attempting to induce, another person to employ a person as an apprentice or trainee; or

(c)amending a registered training contract; or

(d)cancelling a registered training contract.

Maximum penalty—50 penalty units.

(2)If a person is convicted of an offence against subsection (1), the court in which the person is convicted may order the person—

(a)to return the premium to the person who gave it; or

(b)to reimburse the person who gave the premium an amount equal to the value of the premium.

(3)Subsection (2) does not limit the court’s power to impose a penalty on the person convicted.

(4)An order under subsection (2)—

(a)may be filed in a court with jurisdiction to recover in an action for debt the amount payable under the order; and

(b)on being filed, is taken to be an order of that court and may be enforced accordingly.

(5)In this section—

premium does not include a payment to a person in the form of a grant or incentive from a relevant entity for employing or training, or promoting the employment or training of, an apprentice or trainee.

relevant entity means—

(a)the State; or

(b)the Commonwealth; or

(c)an entity that pays a grant or incentive under a written agreement with the State or the Commonwealth; or

(d)an employer group, union or other industry body.

Division 3 Amending registered training contract

20   Amending registered training contract

(1)Except as provided for in sections 13, 21, 22 and 23, a registered training contract may only be amended with the approval of the chief executive obtained under this section.

(2)The parties to the registered training contract may apply to the chief executive for approval of an amendment to the contract.

(3)The application must be in the approved form and state—

(a)the proposed amendment; and

(b)the reasons for the proposed amendment; and

(c)that the proposed amendment is agreed to by the parties.

(4)If the apprentice or trainee under the registered training contract is under 18 years, the application must also be signed by a parent of the person.

(5)However, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application.

Example—

It may be inappropriate for a parent to sign the application if the apprentice or trainee is living independently of his or her parents.

(6)The chief executive may, by written notice, request the parties to give, within the reasonable time of not less than 14 days stated in the notice, the additional documents or information the chief executive considers necessary to decide the application.

(7)The chief executive may refuse to consider the application until the parties give the documents or information requested under subsection (6).

(8)The chief executive—

(a)must consider the application and any documents or information given as requested under subsection (6); and

(b)may approve the proposed amendment or refuse to approve the proposed amendment.

(9)If the chief executive decides to approve the proposed amendment, the chief executive must—

(a)update the records held by the department; and

(b)give the parties a signed notice of the approval.

(10)If the chief executive refuses to approve the amendment, the chief executive must give each party written notice of the decision, including the reasons for the decision.

21   Minor amendment of registered training contract

(1)A party to a registered training contract may give notice of a minor amendment of the contract to—

(a)the other party to the contract; and

(b)either—

(i)the chief executive; or

(ii)a person authorised by the chief executive to accept the notice.

(2)The notice may be given orally or in writing.

(3)On receiving the notice, the chief executive or authorised person may approve the amendment and update the department’s records to include it if the chief executive or authorised person is satisfied the amendment is appropriate.

(4)The chief executive or authorised person may request further information before deciding whether to approve the amendment.

(5)The amendment takes effect when the department’s records are updated.

(6)The chief executive must publish on the department’s website the names and addresses of persons authorised to accept notices under this section.

(7)In this section—

minor amendment, of a registered training contract, means an amendment of the contract that does not alter its substance or effect.

Examples of a minor amendment—

•a party changes the party’s name or address

•a correction of a typographical error in a party’s name or address

22   When chief executive may amend registered training contract without application by the parties

(1)The chief executive may amend a registered training contract without an application by the parties to the contract if the chief executive considers the amendment is necessary to update matters that are no longer correct because of changed circumstances.

Examples of changed circumstances—

•an apprentice who started his or her apprenticeship while at school continues the apprenticeship after leaving school

•the name of a qualification changes because of an update to a national training package

•the supervising registered training organisation for the apprentice or trainee changes and it is not reasonably practical for the parties to the registered training contract to give the chief executive notice of the change

•the legal entity that is the employer changes for many registered training contracts

(2)The chief executive must update the department’s records to include the amendment.

(3)The amendment takes effect when the records are updated.

(4)The chief executive does not have to give notice of the amendment to the parties.

23   Application for extension of nominal term of registered training contract

(1)This section applies if the nominal term of a registered training contract is to end before the apprentice or trainee who is a party to the contract completes the apprenticeship or traineeship.

(2)The parties and the supervising registered training organisation for the apprentice or trainee may apply to the chief executive to extend the nominal term.

(3)The application must be in the approved form and state—

(a)that each applicant agrees to an extension of the registered training contract; and

(b)the reasons for the requested extension.

(4)If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.

(5)However, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application.

(6)On receiving the application, the chief executive may approve or refuse to approve the application.

(7)Despite subsection (6), the chief executive may approve an application made after the end of the nominal term only if the chief executive is satisfied it is appropriate to do so in all the circumstances.

(8)If the chief executive approves the application, the chief executive must give notice to the parties and the supervising registered training organisation that the nominal term has been extended.

(9)If the chief executive refuses to approve the application, the chief executive must give the parties and the supervising registered training organisation written notice of the decision, including the reasons for the decision.

(10)If the nominal term of a training contract is extended, the contract is taken to be similarly extended.

(11)If the chief executive approves an application after the end of the nominal term, the training contract and training plan are taken to have continued in force until the approval.

Division 4 Transfer of registered training contract

Subdivision 1 Temporary transfer of registered training contract

24   Temporary transfer of registered training contract

(1)The parties to a registered training contract may agree to temporarily transfer the contract to a new employer for a period not exceeding 1 year that ends before the nominal term of the contract is to end.

(2)The employer under the registered training contract must, within 7 days after the day the transfer takes effect, give the chief executive notice that complies with subsection (3).

Maximum penalty—40 penalty units.

(3)The notice must—

(a)be in the approved form; and

(b)state—

(i)the name of the new employer; and

(ii)the day the transfer took effect; and

(iii)the period of the transfer; and

(iv)that the transfer is agreed to by each of the parties to the registered training contract; and

(c)be signed by—

(i)each of the parties; and

(ii)the new employer; and

(iii)if the apprentice or trainee is under 18 years—the parent of the apprentice or trainee.

(4)However, subsection (3)(c)(iii) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice.

Example—

It may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents.

25   Transferring employer must notify supervising registered training organisation of temporary transfer of registered training contract

(1)This section applies if a registered training contract is temporarily transferred to a new employer under section 24.

(2)The transferring employer must notify the supervising registered training organisation for the apprentice or trainee within 7 days after the day the transfer takes effect.

Maximum penalty—40 penalty units.

Subdivision 2 Permanent transfer of registered training contract

26   Application for permanent transfer of registered training contract

(1)The following may apply to the chief executive for a registered training contract to be permanently transferred to a new employer—

(a)all parties to the contract and the proposed new employer;

(b)the apprentice or trainee under the contract and the proposed new employer.

(2)The application must be in the approved form and state the following information—

(a)the name of the proposed new employer;

(b)the proposed day for the transfer;

(c)that the proposed transfer is agreed to by each of the applicants;

(d)the reasons for the proposed transfer.

(3)If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.

(4)However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.

Example—

It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.

27   Procedure for deciding application if application by all parties to registered training contract and proposed new employer

(1)This section applies if an application for the permanent transfer of a registered training contract is made under section 26 by all parties to the contract and the proposed new employer.

(2)The chief executive must decide the application within 28 days of receiving it.

(3)The chief executive may grant the application only if satisfied the criteria mentioned in section 17(5)(c) to (g) are satisfied.

(4)For subsection (3), section 17(5)(c) to (g) applies with any necessary modifications and as if a reference to registration of the contract were a reference to approval of the application.

(5)If the chief executive approves the application, the chief executive must advise the applicants—

(a)that the transfer has been approved; and

(b)of the date from which the transfer takes effect.

(6)If the chief executive refuses the application, the chief executive must give each of the applicants written notice of the decision, including the reasons for the decision.

28   Procedure for deciding application if application only by apprentice or trainee and proposed new employer

(1)This section applies if an application for the permanent transfer of a registered training contract is made under section 26 only by the apprentice or trainee and the proposed new employer.

(2)The chief executive must give the current employer notice of the application stating that the employer may object in writing to the transfer within 14 days of receiving the notice.

(3)The chief executive must decide the application within 28 days of receiving it.

(4)In deciding the application the chief executive—

(a)must have regard to any objection received from the current employer; and

(b)may grant the application only if satisfied the criteria mentioned in section 17(5)(c) to (g) are satisfied.

(5)For subsection (4)(b), section 17(5)(c) to (g) applies with any necessary modifications and as if a reference to registration of the contract were a reference to approval of the application.

(6)If the chief executive approves the application, the chief executive must advise each of the applicants and the current employer—

(a)that the transfer has been approved; and

(b)of the date on which the transfer takes effect.

(7)If the chief executive refuses the application, the chief executive must—

(a)advise the current employer of the decision; and

(b)give each of the applicants written notice of the decision, including the reasons for the decision.

(8)In this section—

current employer means the employer who is a party to the registered training contract.

Subdivision 3 Statutory transfer or cancellation of registered training contract

29   Statutory transfer or cancellation of registered training contract

(1)This section applies if an event mentioned in section 58(1)(a) happens.

(2)The registered training contract is taken to have been transferred by the employer who is a party to the contract to the purchaser of the employer’s business on the day agreed between the employer and the purchaser.

(3)However, subsection (2) does not apply if the purchaser gives the chief executive written notice, before the sale or disposal of the business takes effect, that the purchaser does not want the registered training contract to be transferred under subsection (2).

(4)Notice under subsection (3) relates only to the registered training contract and not to the employment by the purchaser of the apprentice or trainee under the contract.

(5)If the purchaser gives the chief executive notice under subsection (3), the registered training contract is cancelled and the chief executive must give the apprentice or trainee written notice of the cancellation.

(6)If an event mentioned in section 58(1)(b) happens—

(a)if the business of the dissolved partnership is continued by 1 person who was a partner of the dissolved partnership—the registered training contract is taken to be assigned to the person when the winding-up of the affairs of the dissolved partnership is complete; or

(b)if the business of the dissolved partnership is continued by 2 or more persons who were partners of the dissolved partnership under a new partnership—the registered training contract is taken to be assigned to the persons when the new partnership begins; or

(c)if neither paragraph (a) nor (b) applies—the registered training contract is cancelled.

Division 5 Suspension of registered training contracts

Subdivision 1 Application for suspension by both parties

30   Application for suspension of registered training contract by the parties to the contract

(1)The parties to a registered training contract may apply to the chief executive to suspend the contract for a period not exceeding 1 year.

(2)The application must be in the approved form and must state the following—

(a)the reasons for the proposed suspension;

(b)the period of the proposed suspension;

(c)the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive;

(d)that the proposed suspension is agreed to by each of the parties to the registered training contract.

(3)If the apprentice or trainee under the registered training contract is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.

(4)However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.

Example—

It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.

31   Applicant may withdraw consent to the application to suspend

(1)A party to a registered training contract may, by written notice, withdraw the party’s consent to an application under section 30 within 7 days after the application is given to the chief executive.

(2)If the party is the apprentice or trainee under the registered training contract and is under 18 years, the notice must also be signed by a parent of the apprentice or trainee.

(3)However, subsection (2) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice.

Example—

It may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents.

(4)If a party to a registered training contract withdraws the party’s consent under subsection (1)—

(a)the application is taken to have been withdrawn; and

(b)the chief executive must give all parties to the contract written notice stating—

(i)the application has been withdrawn; and

(ii)the contract continues in force.

32   Suspension if consent not withdrawn

(1)This section applies if—

(a)an application is made under section 30 to suspend a registered training contract; and

(b)section 31 does not apply.

(2)The registered training contract is suspended—

(a)from the day stated in the application; and

(b)for the period stated in the application.

(3)The chief executive must give the parties to the registered training contract written notice of the suspension.

Subdivision 2 Application for suspension by one party

32A   Application for suspension of registered training contract by one party to the contract

(1)A party to a registered training contract may apply to the chief executive to suspend the contract for a period not exceeding 1 year if the party reasonably believes that the other party to the contract can not, under section 30, agree to a proposed suspension.

(2)The application must be in the approved form and state the following—

(a)the reasons for the proposed suspension, including why the applicant believes the other party can not agree to the suspension;

(b)the period of the proposed suspension;

(c)the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive.

(3)If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.

(4)However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.

32B   Chief executive may request further information

(1)Within 21 days after receiving the application, the chief executive may give the applicant a written notice asking for further information the chief executive reasonably requires to decide the application.

(2)The notice must state a reasonable period, of at least 14 days after the day the notice is given, for the applicant to comply with the notice.

(3)The chief executive must consider any information given by the applicant within the period stated in the notice.

(4)The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.

32C   Show cause notice before suspension of registered training contract

(1)The chief executive must give each party to the registered training contract a notice (a show cause notice) stating the following—

(a)that an application has been made under section 32A;

(b)the reasons stated in the application for the proposed suspension;

(c)if the chief executive proposes to suspend the contract—

(i)the period of the proposed suspension; and

(ii)the day the proposed suspension is to take effect;

(d)if the chief executive proposes not to suspend the contract—the reasons for the decision;

(e)that the party may, within 14 days after the show cause notice is given, give the chief executive a written response to the proposed suspension.

(2)Also, if the apprentice or trainee is under 18 years, the chief executive must give the show cause notice to the parent of the apprentice or trainee.

(3)However, subsection (1) does not apply if the chief executive reasonably considers it is not practicable to give a show cause notice to the party.

(4)Also, subsection (2) does not apply if it would be inappropriate in all the circumstances for the chief executive to give the show cause notice to the parent of the apprentice or trainee.

32D   Decision about suspension

(1)After having regard to the reasons stated in the application and, if a show cause notice was given, any written responses to the notice made under section 32C(1)(e), the chief executive must decide—

(a)if satisfied that a party can not perform the party’s obligations under the training contract—to suspend the contract; or

(b)otherwise—not to suspend the contract.

(2)The chief executive must give each party an information notice about the decision.

(3)If the chief executive decides to suspend the training contract the information notice must state—

(a)the period of the suspension; and

(b)the day the suspension takes effect.

Division 5A Application for temporary suspension by employer and stand down of employment

32E   Application for temporary suspension of registered training contract

(1)This section applies if an employer of an apprentice or trainee temporarily can not provide the training stated in the training plan for the apprentice or trainee.

(2)The employer may apply to the chief executive for approval to temporarily suspend the registered training contract for a period of no more than 30 days.

(3)The application must be in the approved form and state—

(a)the reasons for the proposed temporary suspension; and

(b)the period of the proposed temporary suspension.

(4)The employer must give a copy of the application to the employer’s apprentice or trainee inviting the apprentice or trainee to make a submission to the chief executive, within 5 days, in relation to the proposed temporary suspension.

32F   Decision about temporary suspension

(1)Within 7 days after receiving the application, the chief executive must decide the application.

(2)After having regard to the reasons stated in the application and any submissions made under section 32E(4), the chief executive must decide—

(a)if satisfied the employer can not provide the training to the apprentice or trainee under the training contract—to approve the application; or

(b)otherwise—not to approve the application.

(3)The chief executive must give each party an information notice about the decision.

(4)If the chief executive approves the application, the information notice must state the following—

(a)the maximum period, of not more than 30 days, over which the training contract may be suspended;

(b)the time during the maximum period, or a part of the period, the employer may stand down the apprentice or trainee;

(c)the day the period starts.

(5)If the training contract is temporarily suspended, the employer may stand down the apprentice or trainee unless the employer and the apprentice or trainee otherwise agree.

(6)The employer may stand down the apprentice or trainee without pay under this section only in accordance with the information notice from the chief executive.

Division 6 Cancellation of registered training contracts

Subdivision 1 Cancellation on application by all parties

33   Application to cancel registered training contract by all parties

(1)The parties to a registered training contract may apply to the chief executive to cancel the contract.

(2)The application must be in the approved form.

(3)If the apprentice or trainee is under 18 years, the application must be signed by a parent of the apprentice or trainee.

(4)However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application.

Example—

It may be inappropriate for a parent to sign the application if the apprentice or trainee is living independently of his or her parents.

34   Applicant may withdraw consent to the application to cancel

(1)A party to a registered training contract may, by written notice, withdraw the party’s consent to an application to cancel the contract within 7 days after the application is given to the chief executive.

(2)If the party is the apprentice or trainee under the registered training contract and is under 18 years, the notice must also be signed by a parent of the apprentice or trainee.

(3)However, subsection (2) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice.

Example—

It may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents.

(4)If a party to a registered training contract withdraws the party’s consent under subsection (1)—

(a)the application is taken to have been withdrawn; and

(b)the chief executive must give all parties to the contract written notice stating—

(i)the application has been withdrawn; and

(ii)the contract continues in force.

35   Cancellation if consent not withdrawn

(1)This section applies if—

(a)an application is made under section 33 to cancel a registered training contract; and

(b)section 34 does not apply.

(2)The registered training contract is cancelled on the day stated in the application.

(3)The chief executive must give the parties to the registered training contract written notice of the cancellation.

Subdivision 1A Cancellation on application by one party

35A   Application to cancel registered training contract by one party

(1)A party to a registered training contract may apply to the chief executive to cancel the contract if the party believes—

(a)the party can not successfully complete the party’s obligations under the contract; or

(b)the other party can not successfully complete the other party’s obligations under the contract.

(2)The application must be in writing and—

(a)must state the following—

(i)the reasons for the proposed cancellation;

(ii)the day the proposed cancellation is to take effect, being not less than 7 days after the application is given to the chief executive; and

(b)may include material in support of the application.

35B   Chief executive may request further information

(1)Within 21 days after receiving the application, the chief executive may give an applicant a written notice asking for further information the chief executive reasonably requires to decide the application.

(2)The notice must state a reasonable period of at least 14 days after the day the notice is given for the applicant to comply with the notice.

(3)The chief executive must consider any information given by the applicant within the period stated in the notice.

(4)The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.

35C   Show cause notice before deciding to cancel

(1)The chief executive must give each party to the registered training contract a notice (a show cause notice) stating the following—

(a)that an application has been made under section 35A;

(b)the reasons, as stated in the application, for the proposed cancellation;

(c)if the chief executive proposes to cancel the contract—

(i)the reasons for the decision; and

(ii)the day the cancellation takes effect;

(d)if the chief executive proposes not to cancel the contract—the reasons for the decision;

(e)that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.

(2)Also, if the apprentice or trainee is under 18 years, the chief executive must give the show cause notice to the parent of the apprentice or trainee.

(3)However, subsection (2) does not apply if it would be inappropriate in all the circumstances for the chief executive to give the show cause notice to the parent of the apprentice or trainee.

35D   Decision about cancellation

(1)After having regard to the reasons stated in the application and any written responses made under section 35C(1)(e), the chief executive must decide—

(a)if satisfied that a party to the training contract can not successfully complete the party’s obligations under the contract—to cancel the contract; or

(b)otherwise—not to cancel the contract.

(2)The chief executive must give each party an information notice about the decision.

(3)If the chief executive decides to cancel the training contract the information notice must state the day the cancellation takes effect.

35E   Cancellation in response to application

If a registered training contract is cancelled under section 35D, the apprenticeship or traineeship of the person who was the apprentice or trainee ends on the day the contract is cancelled.

Subdivision 2 Cancellation without application

36   Grounds for cancellation of registered training contract by chief executive

(1)The chief executive may cancel a registered training contract if reasonably satisfied that 1 or more of the following grounds applies—

(a)the employer has ceased business;

(b)the employer has ceased operating the business in which the apprentice or trainee under the contract was employed;

(c)there has been a substantial change in a party’s circumstances and the change has affected the party’s capacity to perform the party’s obligations under the contract;

(d)the employer has moved the employer’s business to a place to which it is impractical or unreasonable for the apprentice or trainee to travel;

(e)the contract contains false or misleading information;

(f)the supervising registered training organisation withdraws from the training plan for the contract and no replacement supervising registered training organisation has been nominated;

(g)the employer has been declared a prohibited employer;

(h)the employer is failing, or has failed, to comply with the employer’s obligations under this Act or the contract;

(i)the apprentice or trainee is no longer employed by the employer and it is at least 21 days since the employment ceased;

(j)if the apprentice or trainee is a school student—the school withdraws support for the student’s participation under the contract;

(k)the contract was registered in error.

(2)The chief executive must not cancel a registered training contract under subsection (1)(i) if—

(a)the chief executive has received notice of a contested event under section 58A; and

(b)the contested event has not been finalised.

37   Show cause notice before cancellation of registered training contract

(1)This section applies if the chief executive is proposing to cancel a registered training contract under this subdivision.

(2)The chief executive must first give each party to the registered training contract a notice (a show cause notice) stating—

(a)that the chief executive proposes to cancel the contract; and

(b)the reasons for the proposed cancellation; and

(c)that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.

(3)However, subsection (2) does not apply if the chief executive reasonably considers it is not practicable to give the parties a show cause notice.

Example of circumstances in which it may not be practicable to give a show cause notice—

The employer who is a party to the registered training contract has ceased trading.

38   Decision about cancellation after show cause notice

(1)After considering any written response received from a party within the time stated in the show cause notice under section 37(2)(c), the chief executive must—

(a)decide whether to cancel the registered training contract; and

(b)give the parties—

(i)if the chief executive decides to cancel the contract under section 36(1)(c), (e) or (h)—an information notice for the decision; or

(ii)if the chief executive decides to cancel the contract other than under section 36(1)(c), (e) or (h)—written notice of the decision, including the reasons for the decision; or

(iii)if the chief executive decides not to cancel the contract—written notice of the decision.

(2)The decision to cancel the registered training contract takes effect on the day stated in the notice given under subsection (1)(b).

39   Decision about cancellation if show cause notice not given

(1)This section applies if the chief executive does not give the parties a show cause notice under section 37(3).

(2)The chief executive may cancel the registered training contract under section 36 and give the parties written notice of the date of the cancellation.

(3)The cancellation takes effect on the date stated in the notice.

40   Registered training contract ends if cancelled

If a registered training contract is cancelled before it is completed, the apprenticeship or traineeship of the person who was the apprentice or trainee ends on the day the contract is cancelled.

Division 6A Re-registration of cancelled contract in particular circumstances

40A   Definitions for division

In this division—

cancelled contract means a registered training contract that was cancelled under division 6.

reinstatement decision means a decision of the industrial relations commission or fair work commission to reinstate the employment of the apprentice or trainee who was a party to a cancelled contract.

relevant entity means—

(a)each person that was a party to a cancelled contract; and

(b)the supervising registered training organisation for the apprentice or trainee who was a party to the cancelled contract.

40B   Application of division

This division applies if the industrial relations commission or fair work commission makes a reinstatement decision.

40C   Obligation to notify chief executive of relevant decision

Each person that was a party to a cancelled contract must, as soon as possible after becoming aware of the reinstatement decision, notify the chief executive of the decision.

40D   Notice of re-registration of training contract after relevant decision

The chief executive must, as soon as practicable after receiving a notice under section 40C—

(a)re-register the training contract; and

(b)provide each relevant entity with a written notice stating the following—

(i)that the chief executive has re-registered the cancelled contract as a registered training contract;

(ii)that the nominal term of the re-registered training contract is extended by the period the contract was cancelled before being re-registered under paragraph (a);

(iii)the date the nominal term ends taking into account the period of extension under subparagraph (ii);

(iv)that the training plan for the apprentice or trainee under the cancelled contract continues in force unless the parties enter into a new training plan.

Division 7 Discipline

41   Definition for div 7

In this division—

misconduct, for a party to a registered training contract, means—

(a)the party fails to carry out a reasonable and lawful instruction that is consistent with the party’s obligations under the contract given by—

(i)if the party is the employer—the chief executive; or

(ii)if the party is the apprentice or trainee, any of the following—

(A)the chief executive;

(B)the employer;

(C)the employer’s agent or employee;

(D)the supervising registered training organisation for the apprentice or trainee; or

(b)the party does not—

(i)keep a training record prescribed by regulation in the way prescribed by regulation; or

(ii)when requested by any of the following persons, produce the record for the person’s inspection—

(A)another party to the contract;

(B)the chief executive;

(C)the supervising registered training organisation for the apprentice or trainee under the registered training contract; or

(c)if the party is the employer—the party does not comply with section 56, 57 or 58; or

(d)if the party is the apprentice or trainee—the party does not comply with section 55.

42   Discipline

(1)This section applies if the chief executive reasonably believes a party to a registered training contract—

(a)has contravened this Act or the contract; or

(b)has engaged in misconduct.

(2)The chief executive may make an order—

(a)reprimanding the party; or

(b)directing the party to pay the chief executive an amount of not more than 4 penalty units.

(3)A order under subsection (2)(b) may direct—

(a)the party to pay the amount directly or by instalments over a stated period; or

(b)if the party is the apprentice or trainee—despite the Industrial Relations Act 2016, section 371, the apprentice’s or trainee’s employer to deduct the amount directly or by instalments over a stated period from the apprentice’s or trainee’s wages and pay it to the chief executive.

(4)A person must not contravene an order made under subsection (2)(b).

Maximum penalty for subsection (4)—50 penalty units.

43   Chief executive must give show cause notice before making an order

(1)This section applies if the chief executive is proposing to make an order under section 42(2).

(2)The chief executive must first give each party to the registered training contract a notice (a show cause notice) stating—

(a)the order the chief executive proposes to make; and

(b)the reasons for the proposed order; and

(c)that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed order.

44   Decision about order after show cause notice

(1)After considering any written response received from a party to the registered training contract within the time stated in the show cause notice under section 43(2)(c), the chief executive must decide whether to make an order under section 42(2).

(2)If the chief executive decides to make an order under section 42(2), the chief executive must give the parties an information notice for the decision.

Division 8 Completion of registered training contract

Subdivision 1 Issue of completion certificate

45   Issue of completion certificate if all parties agree

(1)This section applies if—

(a)the parties to a registered training contract are satisfied the apprentice or trainee under the contract has completed all training and assessment required under the training plan for the apprentice or trainee; and

(b)the supervising registered training organisation for the apprentice or trainee has issued the qualification or statement of attainment stated in the plan.

Note—

See part 4 for provisions about training plans.

(2)The parties to the registered training contract and the supervising registered training organisation must sign an agreement in the approved form (the completion agreement) stating that all training and assessment required under the training plan has been completed by the apprentice or trainee.

(3)If the apprentice or trainee is under 18 years, the completion agreement must also include the signed consent of a parent of the apprentice or trainee.

(4)However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.

Example—

It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.

(5)A person must not state anything in the completion agreement that is false or misleading.

Maximum penalty for subsection (5)—50 penalty units.

46   Supervising registered training organisation must give completion agreement to chief executive

The supervising registered training organisation for the apprentice or trainee must give the completion agreement to the chief executive within 10 days after the agreement is signed.

47   Decision by chief executive about issue of completion certificate if all parties agree

(1)On receiving the completion agreement, the chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship.

(2)The chief executive may issue the completion certificate only if satisfied that the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.

(3)The chief executive may request further information before deciding whether to issue a completion certificate.

(4)If the chief executive decides to issue the completion certificate, the chief executive must immediately—

(a)give written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and

(b)give the apprentice or trainee the completion certificate.

(5)If the chief executive decides not to issue the completion certificate, the chief executive must immediately give the parties to the contract and the supervising registered training organisation written notice of the decision, including the reasons for the decision.

48   Notification of failure to sign completion agreement

(1)This section applies if—

(a)the apprentice’s or trainee’s supervising registered training organisation is reasonably satisfied—

(i)all training and assessment under the training plan for the apprentice or trainee has been completed by the apprentice or trainee; and

(ii)the apprentice or trainee has been, or is entitled to be, issued with the qualification or statement of attainment for the apprenticeship or traineeship; and

(b)the employer or apprentice or trainee—

(i)has refused or neglected to sign a completion agreement after being requested to do so; or

(ii)has not signed a completion agreement because they can not be contacted.

(2)The supervising registered training organisation must advise the chief executive in writing—

(a)that the organisation is reasonably satisfied of the matters mentioned in subsection (1)(a) and the reasons it is reasonably satisfied; and

(b)of the party to the registered training contract that has not signed the completion agreement.

49   Chief executive must give notice to the parties to the registered training contract

On receiving notice from the apprentice’s or trainee’s supervising registered training organisation under section 48, the chief executive must give each party to the registered training contract written notice stating that—

(a)the supervising registered training organisation has advised the chief executive of the matters mentioned in section 48(1)(a); and

(b)the chief executive is considering whether to issue a completion certificate to the apprentice or trainee; and

(c)the party may, within 21 days after the notice is given, advise the chief executive whether the party considers the completion certificate should be given, including the reasons for the party’s view.

50   Decision by chief executive about issue of completion certificate if all parties do not agree

(1)This section applies if—

(a)the chief executive has given notice to the parties to the registered training contract under section 49; and

(b)21 days have elapsed since the notice was given.

(2)The chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship.

(3)The chief executive may issue the completion certificate only if satisfied that the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.

(4)If the chief executive decides to issue the completion certificate, the chief executive must immediately—

(a)give written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and

(b)give the apprentice or trainee the completion certificate.

(5)If the chief executive decides not to issue the completion certificate, the chief executive must immediately give the parties to the contract and the supervising registered training organisation written notice of the decision, including the reasons for the decision.

50A   Application for completion certificate

(1)This section applies if a supervising registered training organisation has stopped operating as a registered training organisation before a completion agreement is signed by the parties to a registered training contract.

(2)The parties may apply to the chief executive for the issue of a completion certificate.

(3)The application must be in the approved form and include—

(a)evidence that the apprentice or trainee has completed all training and assessment required under the training plan for the apprentice or trainee; and

(b)if the apprentice or trainee is under 18 years—the signed consent of a parent of the apprentice or trainee.

(4)However, subsection (3)(b) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.

(5)The chief executive may issue the completion certificate only if satisfied the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.

51   Issue of completion certificate ends registered training contract

(1)The registered training contract for an apprentice or trainee ends when the chief executive issues a completion certificate for the apprenticeship or traineeship.

(2)This section applies despite the nominal term of the contract.

Subdivision 2 Cancellation of completion certificate

52   Chief executive must give show cause notice before cancelling completion certificate

(1)The chief executive may cancel a completion certificate if the chief executive reasonably believes the certificate was issued—

(a)in error; or

(b)because of a materially false or misleading representation or declaration.

(2)The chief executive must first give the holder of the completion certificate a notice (a show cause notice) stating—

(a)that the chief executive is considering cancelling the completion certificate; and

(b)the reason for the proposed cancellation; and

(c)that the holder may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.

53   Decision about cancellation after show cause notice

(1)After considering any written response from the holder of the completion certificate received within the time stated in the show cause notice under section 52(2)(c), the chief executive—

(a)may decide to cancel, or not to cancel, the certificate; and

(b)must give the holder an information notice for the decision.

(2)If the chief executive cancels the completion certificate, the cancellation takes effect from the day the information notice is given.

(3)Also, if the chief executive cancels the completion certificate, the chief executive—

(a)must notify the cancellation on the department’s website; and

(b)may, by signed notice to the person to whom the certificate was issued, require the person to return it to the chief executive within the time stated in the notice.

(4)The person must comply with a requirement under subsection (3)(b), unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(5)The cancellation of the completion certificate does not reinstate the training contract that ended when the completion certificate for the apprenticeship or traineeship was issued.

Subdivision 3 Ending of apprenticeship or traineeship at end of nominal term

54   Apprenticeship or traineeship ends when nominal term ends

(1)This section applies if the nominal term of a registered training contract ends and the apprentice or trainee has not completed all training and assessment required under the apprentice’s or trainee’s training plan.

(2)To remove any doubt, it is declared that the apprenticeship or traineeship ends when the nominal term ends.

Note—

Section 23 provides for an application to extend the nominal term of a registered training contract.

Division 9 Obligations of apprentice or trainee and employer

55   Apprentice’s or trainee’s obligations under registered training contract

The obligations of an apprentice or trainee under a registered training contract are to—

(a)attend work, do his or her job and follow the employer’s lawful instructions; and

(b)work towards achieving the qualification or statement of attainment stated in the contract; and

(c)undertake the training and assessment required under the apprentice’s or trainee’s training plan.

56   Employer to provide supervision, facilities and training

The employer of an apprentice or trainee must provide, or arrange to provide, the apprentice or trainee with the facilities, range of work, supervision and training—

(a)the employer is required to provide under the apprentice’s or trainee’s training plan; or

(b)prescribed by regulation.

Maximum penalty—60 penalty units.

57   Employer not to prevent participation in training

The employer of an apprentice or trainee must not directly or indirectly—

(a)obstruct the apprentice or trainee from participating in the training required under his or her training plan to be delivered by the supervising registered training organisation for the apprentice or trainee (the required training); or

(b)prejudice the apprentice’s or trainee’s employment, or place the apprentice or trainee at a disadvantage, because the apprentice or trainee participates or attempts to participate in the required training; or

(c)discourage the apprentice or trainee from participating in the required training; or

(d)induce or coerce the apprentice or trainee to not participate in the required training.

Maximum penalty—60 penalty units.

58   Employer to report notifiable events

(1)This section applies if any of the following events (a notifiable event) happens in relation to a registered training contract—

(a)the employer sells or disposes of the employer’s business to someone else (the purchaser);

(b)the employer is a partnership and the partnership is dissolved;

(c)the employer decides—

(i)the apprentice or trainee is unlikely to meet the requirements of his or her training plan; or

(ii)the training required under the apprentice’s or trainee’s training plan can not be completed within the nominal term of the contract;

(d)the employment of the apprentice or trainee has ceased;

(e)the apprentice or trainee has—

(i)made an application for unfair dismissal under the Fair Work Act 2009 (Cwlth), section 394; or

(ii)made an application for reinstatement under the Industrial Relations Act 2016, section 317; or

(iii) commenced another proceeding contesting the cessation of employment.

(2)The employer must give the chief executive signed notice of the notifiable event within 14 days after the notifiable event happens.

Maximum penalty—50 penalty units.

(3)Subsection (4) applies if—

(a)the notifiable event is an event mentioned in subsection (1)(a); and

(b)the purchaser agrees to continue training the apprentice or trainee under the registered training contract.

(4)The purchaser must give the chief executive signed notice of the purchaser’s agreement to continue training the apprentice or trainee under the registered training contract within 14 days after the notifiable event happens.

Maximum penalty—50 penalty units.

58A   Apprentice or trainee must report contested event

(1)This section applies if the employment of an apprentice or trainee has ceased and any of the following events (each a contested event) happens—

(a)the apprentice or trainee makes an application for unfair dismissal under the Fair Work Act 2009 (Cwlth), section 394;

(b)the apprentice or trainee makes an application for reinstatement under the Industrial Relations Act 2016, section 317;

(c)the apprentice or trainee commences another proceeding contesting the cessation of employment.

(2)The apprentice or trainee must give the chief executive notice of the contested event within 21 days after the employment of the apprentice or trainee ceased.

Division 10 Prohibited employers

59   Prohibited employers

(1)The chief executive may declare an employer to be a prohibited employer if the chief executive reasonably believes the employer is not a suitable person to employ an apprentice or trainee.

(2)The declaration may be for a stated or indefinite period.

(3)The declaration must state that the employer must not, while the declaration is in force, employ—

(a)any apprentice or trainee; or

(b)an apprentice or trainee in 1 or more stated apprenticeships or traineeships.

(4)In deciding whether or not the employer is suitable to employ an apprentice or trainee, the chief executive must have regard to the following—

(a)the employer’s ability to provide, or arrange to provide, an apprentice or trainee with the facilities, range of work, supervision and training required under a training plan for the apprentice or trainee;

(b)the employer’s record in delivering training to apprentices or trainees;

(c)whether the employer behaves, or permits his or her employees to behave, in an objectionable way towards an apprentice or trainee;

(d)whether the employer has contravened an Act of the State, another State or the Commonwealth relating to employment, including, for example, this Act, the Fair Work Act 2009 (Cwlth), the repealed Act, the Industrial Relations Act 2016 and the Work Health and Safety Act 2011;

(e)whether the employer has been convicted of an indictable offence;

(f)any other matter the chief executive considers relevant to the decision whether or not to declare the employer to be a prohibited employer.

60   Chief executive must give show cause notice before making a declaration

(1)This section applies if the chief executive is proposing to make a declaration under section 59.

(2)The chief executive must first give the employer a notice (a show cause notice) stating—

(a)that the chief executive proposes to declare the employer to be a prohibited employer; and

(b)the reasons for the proposed declaration; and

(c)whether the proposed declaration is to apply—

(i)indefinitely; or

(ii)for the period stated in the show cause notice; and

(d)whether the proposed declaration is to apply either to—

(i)all apprenticeships and traineeships; or

(ii)only the apprenticeships and traineeships stated in the show cause notice; and

(e)that the employer may, within 14 days after the notice is given, give the chief executive a written response to the proposed declaration.

61   Notice of decision about declaration after show cause notice

(1)The chief executive must consider any written response received from the employer within the time stated in the show cause notice under section 60(2)(e).

(2)If the chief executive decides not to declare the employer to be a prohibited employer, the chief executive must immediately give the employer written notice of the decision.

(3)If the chief executive decides to declare the employer to be a prohibited employer, the chief executive must give the employer an information notice for the decision.

(4)The information notice must also state—

(a)that the employer may apply for revocation of the declaration; and

(b)how the employer may apply.

62   Revocation of declaration as prohibited employer

(1)A prohibited employer may apply to the chief executive in the approved form requesting the chief executive to revoke the declaration.

(2)The chief executive may completely revoke the declaration if the chief executive is satisfied the employer is no longer an unsuitable person to employ an apprentice or trainee.

(3)The chief executive may partly revoke the declaration only if the chief executive is satisfied—

(a)if the declaration stated the employer must not employ any apprentice or trainee—the employer is no longer an unsuitable person to employ an apprentice or trainee in a particular apprenticeship or traineeship; or

(b)if the declaration stated the employer must not employ an apprentice or trainee in more than 1 stated apprenticeships or traineeships—the employer is no longer an unsuitable employer to employ an apprentice or trainee in 1 or more of the stated apprenticeships or traineeships.

(4)If the chief executive decides to completely revoke the declaration, the chief executive must immediately give the employer written notice of the decision.

(5)If the chief executive decides to partly revoke the declaration or not to revoke the declaration, the chief executive must immediately give the employer written notice of the decision, including the reasons for the decision.

63   Prohibited employer not to contravene declaration

(1)A prohibited employer must not employ, or offer to employ, a person as an apprentice or trainee in contravention of a declaration.

Maximum penalty—80 penalty units.

(2)In this section—

declaration means—

(a)a declaration made under section 59; or

(b)if the declaration has been partly revoked under section 62—the declaration as partly revoked.

Division 11 Restricted callings

64   Declaration of restricted calling

(1)The chief executive may, by notice published on the department’s website, declare a calling to be a restricted calling.

(2)An employer must not employ a young person in a restricted calling unless the young person—

(a)has completed a qualification or statement of attainment relevant to the calling; or

(b)is employed by the employer as an apprentice or trainee in the calling under a registered training contract.

Maximum penalty—50 penalty units.

Part 3    Supervising registered training organisations

65   Requirement for supervising registered training organisation

(1)There must be a supervising registered training organisation for each apprentice or trainee.

(2)If a person is an apprentice or trainee under more than 1 training contract, there must be a supervising registered training organisation for each apprenticeship or traineeship.

66   Becoming a supervising registered training organisation

(1)The parties to a training contract must agree on the registered training organisation that is to become the supervising registered training organisation for the apprentice or trainee.

(2)There can not be more than 1 supervising registered training organisation for each apprentice’s apprenticeship or trainee’s traineeship at a time.

(3)A registered training organisation can not become a supervising registered training organisation for an apprentice or trainee without the organisation’s agreement.

66A    Supervising registered training organisation must complete employer resource assessment

(1)This section applies to the supervising registered training organisation for an apprentice or trainee in relation to the apprentice’s or trainee’s training plan.

(2)The organisation must—

(a)complete an employer resource assessment in the approved form for the apprentice’s or trainee’s training plan; and

(b)regularly review and, if necessary, revise the employer resource assessment during the period of the training plan; and

(c)on request, give the chief executive a copy of the most recent employer resource assessment completed for the training plan.

Maximum penalty—80 penalty units

67   Availability of facilities

The supervising registered training organisation for an apprentice or trainee must provide, or arrange to provide, the apprentice or trainee with the facilities, services, supervision and training required under the training plan for the apprentice or trainee.

Maximum penalty—80 penalty units.

68   Supervising registered training organisation to ensure delivery of training

The supervising registered training organisation for an apprentice or trainee must ensure the training and assessment required to be delivered under the apprentice’s or trainee’s training plan is delivered to the apprentice or trainee.

Maximum penalty—60 penalty units.

69   Supervising registered training organisation to notify chief executive if progress not made under training plan

(1)This section applies if the supervising registered training organisation for an apprentice or trainee considers the apprentice or trainee is not making the progress required under his or her training plan.

(2)The supervising registered training organisation must give the chief executive written notice stating that it considers the apprentice or trainee is not making the progress required under the apprentice’s or trainee’s training plan.

Maximum penalty—60 penalty units.

70   Replacing supervising registered training organisation

(1)If the parties to a registered training contract agree, they may replace the supervising registered training organisation for the apprentice or trainee with another registered training organisation.

Note—

See also section 77 in relation to the effect on the apprentice’s or trainee’s training plan.

(2)If the supervising registered training organisation is to be replaced, the employer must—

(a)give the organisation a signed notice stating the day, no sooner than 14 days after the day the notice is given, when the replacement becomes effective; and

(b)at least 14 days before the replacement becomes effective, give the chief executive a signed notice stating the name of the new supervising registered training organisation for the apprentice or trainee.

Maximum penalty—40 penalty units.

(3)Action to replace a supervising registered training organisation is of no effect if subsection (2) is contravened.

Part 4    Training plans for apprentices or trainees

Division 1 Establishing training plan for apprentice or trainee

71   Training plan for apprentice or trainee

(1)There must be a training plan in the approved form for each apprentice or trainee.

(2)If a person is an apprentice or trainee under more than 1 training contract, there must be a training plan for each apprenticeship or traineeship.

72   Parties to training plan

The parties to a training plan for an apprentice or trainee are—

(a)the employer; and

(b)the apprentice or trainee; and

(c)the supervising registered training organisation for the apprentice or trainee.

73   Training plan to be negotiated by parties

The training to be delivered under a training plan for an apprentice or trainee—

(a)can not be unilaterally decided by the employer or supervising registered training organisation; and

(b)must be negotiated, and agreed to, by all the parties.

74   Signing of training plan

(1)When the parties have agreed to a training plan for an apprentice or trainee, they must sign it.

(2)The supervising registered training organisation for the apprentice or trainee must take all reasonable steps to ensure the apprentice’s or trainee’s training plan is signed—

(a)if the training plan is the initial training plan for the apprentice or trainee—within 3 months of the start of the apprenticeship or traineeship; or

(b)if a training plan for the apprentice or trainee has ended because the supervising registered training organisation has been replaced—within 28 days after the replacement of the supervising registered training organisation; or

(c)if a training plan for the apprentice or trainee has ended because of the permanent, temporary or statutory transfer of a registered training contract—within 28 days after the transfer of the contract.

Maximum penalty for subsection (2)—50 penalty units.

75   Copies of signed training plan for apprentice or trainee

The supervising registered training organisation for an apprentice or trainee must ensure a copy of the signed training plan is given to the apprentice or trainee, and the employer, within 14 days after the parties sign it.

Maximum penalty—20 penalty units.

76   False or misleading information in training plan

(1)A person must not state anything in a training plan for an apprentice or trainee the person knows is false or misleading.

Maximum penalty—50 penalty units.

(2)A person must not induce or coerce someone else to state anything in a training plan for an apprentice or trainee the person knows is false or misleading.

Maximum penalty—50 penalty units.

Division 2 Ending or changing training plan for apprentice or trainee

Subdivision 1 Ending a training plan

77   Training plan ends on replacement of supervising registered training organisation

If the supervising registered training organisation for an apprentice or trainee is replaced—

(a)the training plan for the apprentice or trainee ends on the replacement of the supervising registered training organisation; and

(b)a new training plan must be entered into.

78   Training plan ends when apprenticeship or traineeship ends

The training plan for an apprentice or trainee ends on the day the apprenticeship or traineeship ends.

79   Training plan ends if registered training contract transferred

If a registered training contract for an apprentice or trainee is transferred to a new employer under part 2, division 4—

(a)the training plan for the apprentice or trainee ends on the day the contract is transferred; and

(b)a new training plan must be entered into.

Note—

See section 74 for the supervising registered training organisation’s obligations in relation to the signing of the plan.

Subdivision 2 Changing a training plan—all parties agree

80   Changing training plan for an apprentice or trainee

The parties to a training plan for an apprentice or trainee may change the plan if all the parties agree to the change.

81   Signing changed training plan for apprentice or trainee

(1)If the parties agree to change a training plan for an apprentice or trainee, they must sign the changed training plan within 14 days after the change is agreed to.

(2)The supervising registered training organisation for the apprentice or trainee must take all reasonable steps to ensure subsection (1) is complied with.

Maximum penalty for subsection (2)—20 penalty units.

Subdivision 3 Changing a training plan—supervising registered training organisation

82   Supervising registered training organisation may make minor change to training plan

(1)A supervising registered training organisation for an apprentice or trainee may change the training plan for the apprentice or trainee if the change is minor.

Example of a minor amendment—

an amendment to reflect the changed title of a qualification

(2)The supervising registered training organisation must send a changed training plan to the parties to the plan within 14 days after making the change.

Maximum penalty—20 penalty units.

(3)The change takes effect when the parties receive the changed training plan.

Subdivision 4 Changing a training plan—on application by one party

82A   Application by one party to change a training plan

(1)If a party to a training plan considers an apprentice or trainee has not made sufficient progress to achieve the qualification or statement of attainment under the training plan, the party may apply to the chief executive to change the mode of delivery of the training plan.

(2)The application must be in the approved form and state the following—

(a)the proposed change to the mode of delivery of the training plan;

(b)the reasons for the proposed change.

(3)If the apprentice or trainee makes the application and is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.

(4)However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.

82B   Chief executive may request further information

(1)Within 21 days after receiving the application, the chief executive may give the applicant a written notice asking for further information the chief executive reasonably requires to decide the application.

(2)The notice must state a reasonable period of at least 14 days after the day the notice is given for the applicant to comply with the notice.

(3)The chief executive must consider any information given by the applicant within the period stated in the notice.

(4)The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.

82C   Show cause notice before changing a training plan

If the chief executive proposes to change the mode of delivery of the training plan the chief executive must give each party to the registered training contract a notice (a show cause notice) stating the following—

(2)A regulation may prescribe the fee payable for providing a copy of the document.

196   Approved forms

The chief executive may approve forms for use under this Act.

197   Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)Without limiting subsection (1), a regulation may—

(a)provide for the fees payable under this Act; or

(b)create offences and impose penalties (including different penalties for successive offences) of not more than 20 penalty units.

Chapter 9    Repeal, savings and transitional provisions

Part 1    Repeal

198   Repeal

The following Acts are repealed—

•Higher Education (General Provisions) Act 2008, No. 25

•Vocational Education, Training and Employment Act 2000, No. 23.

Part 2    Savings and transitional provisions for the Further Education and Training Act 2014

Division 1 Preliminary

199   Definition for pt 2

In this part—

commencement means the commencement of the provision in which the term is used.

Division 2 Apprentices and trainees

200   Declaration of apprenticeship or traineeship continues in force

(1)This section applies if—

(a)a declaration is made by the chief executive under the repealed Act, section 47 that employment-based training is an apprenticeship or traineeship; and

(b)the declaration is in force immediately before the commencement.

(2)The declaration continues in force under this Act as if it were made by the chief executive under this Act.

201   Continuation of registered training contracts

(1)This section applies to a registered training contract under the repealed Act in force immediately before the commencement.

(2)The contract continues in force after the commencement and is taken to be a registered training contract under this Act.

202   Continuation of statutory assignment of registered training contract

(1)This section applies if—

(a)immediately before the commencement, a registered training contract was taken to have been assigned under the repealed Act, section 59; and

(b)the agreed day is on or after the commencement.

(2)The assignment takes effect under this Act on the agreed day.

203   Agreement to cancel registered training contract continues in force

(1)This section applies if, within 7 days before the commencement, a registered training contract under the repealed Act was cancelled by agreement between the parties.

(2)To remove any doubt, it is declared that a party may not withdraw the party’s consent to the application to cancel under section 34 of this Act.

204   Continuation of training plan

(1)This section applies to a training plan under the repealed Act in force immediately before the commencement.

(2)The training plan continues in force after the commencement and is taken to be a training plan under this Act.

205   Continuation of supervising registered training organisation

(1)This section applies if, immediately before the commencement, a registered training organisation is the supervising registered training organisation for an apprentice or trainee under the repealed Act.

(2)The registered training organisation continues as the supervising registered training organisation for the apprentice or trainee under this Act after the commencement.

206   Continuation of process for issue of completion certificate

(1)This section applies if—

(a)before the commencement, the chief executive received a signed notice under the repealed Act, section 73(4) about the issue of the qualification or statement of attainment for an apprenticeship or traineeship; and

(b)immediately before the commencement, the chief executive had not issued a completion certificate for the apprenticeship or traineeship.

(2)The chief executive must continue to deal with the matter under this Act after the commencement as if the notice mentioned in subsection (1)(a) had been given under section 48(2).

207   Cancellation of completion certificates issued under the repealed Act

(1)This section applies if a completion certificate was issued under the repealed Act before the commencement.

(2)The provisions of this Act relating to the cancellation of the certificate apply as if it were issued under this Act.

208   Declaration of restricted calling continues in force

(1)This section applies if, immediately before the commencement, a declaration made by the chief executive under the repealed Act, section 89 that a calling is a restricted calling is in force.

(2)The declaration continues in force under this Act as if it had been made by the chief executive under this Act.

(3)A declaration continued in force under subsection (2) expires on 1 July 2020.

209   Balance of period of stand down of registered training contract

(1)This section applies if—

(a)before the commencement, the chief executive approved an application for a stand down under the repealed Act, section 86; and

(b)immediately before the commencement, the period of the stand down had not expired.

(2)The stand down continues to apply after the commencement despite the repeal of the repealed Act.

Division 3 Provisions for group training organisations and principal employer organisations

210   Continued recognition of group training organisations and principal employer organisations

(1)This section applies to an entity that, immediately before the commencement, was recognised as a group training organisation or principal employer organisation under the repealed Act.

(2)If the entity was not, immediately before the commencement, subject to a process to withdraw recognition under the repealed Act—

(a)the entity continues as a group training organisation or principal employer organisation under this Act; and

(b)the chief executive must issue the entity with a certificate of recognition under this Act within 3 months after the commencement.

(3)If, immediately before the commencement, the entity was the subject of a process to withdraw recognition under the repealed Act—

(a)the entity continues as a group training organisation or principal employer organisation recognised under this Act; and

(b)the process to withdraw recognition continues under this Act; and

(c)if the chief executive decides not to withdraw recognition—the chief executive must give the entity a certificate of recognition under this Act within 3 months after the making of the decision.

Division 4 Reviews and appeals

211   Right to apply to QCAT for review under repealed Act

(1)This section applies if, immediately before the commencement—

(a)a person had a right to apply to QCAT for review of a decision made by the chief executive under the repealed Act; and

(b)the person had not yet applied to QCAT for the review; and

(c)the period for applying for the review under the repealed Act had not expired.

(2)The person may apply to QCAT for the review, and QCAT must decide the review, under the repealed Act after the commencement as if the repealed Act had not been repealed.

212   Review to QCAT started before commencement

(1)This section applies if, immediately before the commencement—

(a)a person had applied to QCAT for review of a decision made by the chief executive under the repealed Act; but

(b)the review had not been finally decided.

(2)QCAT must continue to decide the review under the repealed Act after the commencement as if the repealed Act had not been repealed.

(3)A decision by QCAT on the review is taken to be a decision made under this Act.

213   Right to appeal to industrial relations commission under repealed Act

(1)This section applies if, immediately before the commencement—

(a)a person had a right to appeal to the industrial relations commission against a decision made by the chief executive under the repealed Act; and

(b)the person had not yet started the appeal; and

(c)the period for starting the appeal under the repealed Act had not ended.

(2)The person may appeal to the industrial relations commission, and the commission must decide the appeal, under the repealed Act after the commencement as if the repealed Act had not been repealed.

214   Appeal to industrial relations commission started before commencement

(1)This section applies if, immediately before the commencement—

(a)a person had appealed to the industrial relations commission against a decision made by the chief executive under the repealed Act; but

(b)the appeal had not been finally decided.

(2)The industrial relations commission must continue to hear the appeal under the repealed Act after the commencement as if the repealed Act had not been repealed.

Division 5 Other provisions

215   Show cause process started before commencement

(1)This section applies if a show cause process for a matter was started under the repealed Act before the commencement but is not completed immediately before the commencement.

(2)The show cause process must be completed under the repealed Act after the commencement as if the repealed Act had not been repealed.

216   Applications made but not decided before commencement

(1)This section applies if, immediately before the commencement—

(a)the chief executive had received an application under the repealed Act; and

(b)the chief executive had not decided the application.

(2)If this Act does not provide for an equivalent application, the chief executive must decide the application under the repealed Act after the commencement as if the repealed Act had not been repealed.

(3)If this Act provides for an equivalent application, the application is taken to have been made under this Act.

Example—

an application to register a training contract

(4)In this section—

application includes a request, a submission for a decision by the chief executive.

217   Requirements that must be completed within a stated time

(1)This section applies if—

(a)the repealed Act required a matter to be completed within a stated period or by a stated time; and

(b)immediately before the commencement—

(i)the stated period or time had not expired or elapsed; and

(ii)the matter had not been completed.

(2)The matter must be completed under this Act after the commencement.

(3)However, the period or time provided for under the repealed Act for completion of the matter continues to apply instead of the period or time provided for under this Act to the extent of any inconsistency.

Example—

Under the repealed Act, a training contract must be signed before the end of the probationary period which may be up to 90 days. Under this Act, the training contract must be signed within 14 days after the day the apprenticeship or traineeship starts. The period for signature of the contract provided for under the repealed Act continues to apply.

218   Continued appointment of inspectors

(1)This section applies to a person who, immediately before the commencement, was appointed as an inspector under the repealed Act.

(2)The person continues as an inspector under this Act on the same terms of appointment that applied to the person immediately before the commencement.

(3)An identity card issued to an inspector under the repealed Act is taken to be an identity card issued under this Act until the earlier of—

(a)the issue of an identity card to the inspector under this Act; or

(b)3 months after the commencement.

219   Variation of trust continues in force

(1)This section applies if a variation of a trust under the repealed Act, section 252 was in force immediately before the commencement.

(2)The variation continues in force under this Act after the commencement.

220   Savings provision for TAFE institutes

(1)This section applies if, on the commencement, a transfer regulation has not come into effect under the TAFE Queensland Act 2013, section 50 transferring the business, assets and liabilities of a TAFE institute to another relevant TAFE entity within the meaning of section 49 of that Act.

(2)Chapter 6 of the repealed Act continues to apply in relation to the TAFE institute as if the chapter had not been repealed.

(3)This section stops applying on the day a transfer regulation mentioned in subsection (1) comes into effect.

(4)In this section—

TAFE institute has the meaning given under the repealed Act as in force immediately before the commencement.

221   Relationship with other divs

To the extent of any inconsistency, this division applies subject to divisions 2 to 4.

222   [Expired]

Part 3    Repeal, savings and transitional provisions for Queensland Training Assets Management Authority Repeal Act 2015

Division 1 Repeal

223   Repeal

The Queensland Training Assets Management Authority Act 2014, No. 23 is repealed.

Division 2 Savings and transitional provisions

224   Definitions for div 2

In this division—

QTAMA means QTAMA in existence under the repealed Act before the commencement.

repealed Act means the repealed Queensland Training Assets Management Authority Act 2014.

225   QTAMA, CEO and board

(1)On the commencement—

(a)QTAMA and its board are dissolved; and

(b)QTAMA’s chief executive officer and each member of its board go out of office.

(2)No compensation is payable to a person because of subsection (1)(b).

(3)To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.

226   State is successor in law of QTAMA

(1)The State is the successor in law of QTAMA.

(2)Subsection (1) is not limited by another provision of this division.

227   Assets and liabilities

On the commencement, the assets and liabilities of QTAMA immediately before the commencement become assets and liabilities of the State held in the department.

228   Records and other documents

On the commencement, QTAMA’s records and other documents held by QTAMA immediately before the commencement become records and other documents of the State held in the department.

229   Current instruments

(1)This section applies to a contract or other instrument to which QTAMA was a party, or that otherwise applied to QTAMA, immediately before the commencement (a current instrument).

(2)The State is a party to the current instrument, or the current instrument otherwise applies to the State, in place of QTAMA.

(3)Without limiting subsection (2)—

(a)any right, title, interest or liability of QTAMA arising under or relating to a current instrument is a right, title, interest or liability of the State; and

(b)a current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of QTAMA before the commencement is taken to have been given to, by or in favour of the State; and

(c)an application relating to a current instrument made in the name of QTAMA before the commencement is taken to have been made in the name of the State; and

(d)a current instrument under which an amount is, or may become, payable to or by QTAMA is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by QTAMA; and

(e)a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by QTAMA is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by QTAMA.

230   References to QTAMA

In an Act or document, a reference to QTAMA is, if the context permits, taken to be a reference to the State.

231   Current proceedings

(1)This section applies to a proceeding that, immediately before the commencement, had not ended and to which QTAMA was a party.

(2)On the commencement, the State becomes a party to the proceeding in place of QTAMA.

232   Proceedings not yet started

(1)This section applies if, immediately before the commencement, a proceeding could have been started by or against QTAMA within a particular period.

(2)The proceeding may be started by or against the State within the period.

233   Registering authority to note transfer or other dealing

(1)A registering authority must, on written application by the chief executive and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this division.

(2)The chief executive must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.

(3)In this section—

registering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.

234   Staff

(1)Section 229 applies to a contract of employment that was in force under section 33 of the repealed Act immediately before the commencement.

(2)Staff employed by the State under a contract mentioned in subsection (1) are not employed under the Public Service Act 2008.

(3)Despite its repeal, section 37 of the repealed Act applies to a person employed under a contract mentioned in subsection (1) who is appointed as a public service employee after the commencement as if—

(a)a reference in the section to a staff member included a person employed under the contract; and

(b)a reference in the section to service as a staff member included service under the contract.

(4)On the commencement, each of the following ends—

(a)a work performance arrangement under section 34 of the repealed Act;

(b)an interchange arrangement under section 35 of the repealed Act.

235   Effect on legal relationships

(1)A thing done under this division—

(a)does not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and

(b)does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and

(c)does not fulfil a condition that—

(i)terminates, or allows a person to terminate, an instrument or obligation; or

(ii)modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or

(iii)allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or

(iv)requires any money to be paid before its stated maturity; and

(d)does not release a surety or other obligee, wholly or partly, from an obligation.

(2)If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this division, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.

(3)If giving notice to a person would be necessary to do something under this division, the notice is taken to have been given.

(4)A reference in this section to the State includes an employee or agent of the State.

236   Annual report

Despite its repeal, section 73 of the repealed Act applies in relation to an annual report of QTAMA under the Financial Accountability Act 2009 prepared after the commencement.

237   Confidentiality of criminal history information

Despite its repeal, section 76 of the repealed Act continues to apply in relation to a report or information to which that section applied immediately before the commencement.

Part 4    Transitional provisions for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2019

238   Application for extension of nominal term made but not decided before commencement

(1)This section applies if —

(a)before the commencement, an application to extend the nominal term of a registered training contract was made under section 23; and

(b)immediately before the commencement, the chief executive had not decided the application.

(2)The chief executive must decide the application under this Act as in force immediately before the commencement.

Schedule 1 Dictionary

section 5

apprentice see section 6.

apprenticeship means employment-based training declared by the chief executive under section 8 to be an apprenticeship.

apprenticeship contract means a contract in the approved form for the training and employment of a person in an apprenticeship.

approved arrangement, for chapter 8, part 1, see section 182.

approved form means a form approved by the chief executive under section 196.

AQF means the Australian Qualifications Framework within the meaning of the Commonwealth Act, section 3.

calling means—

(a)a craft, manufacture, occupation, trade, undertaking or vocation; or

(b)a section of something mentioned in paragraph (a).

cancelled contract see section 40A.

certificate of achievement, in a calling, means a certificate issued to a person by the chief executive on being satisfied the person meets the requirements mentioned in section 101(2).

certificate of recognition means—

(a)for a group training organisation—see section 85; or

(b)for a principal employer organisation—see section 93.

Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 (Cwlth).

complainant, for chapter 4A, see section 112A.

completion agreement see section 45(2).

completion certificate means a certificate issued by the chief executive stating that the person named in the certificate has successfully completed the apprenticeship or traineeship stated in the certificate.

compliance matter, for chapter 4A, see section 112A.

compulsory participation phase see the Education (General Provisions) Act 2006, section 231.

contested event see section 58A(1).

convicted means a finding of guilt, or the acceptance of a plea of guilt, by a court, whether or not a conviction is recorded.

court, for chapter 5, see section 113.

deliver includes arrange to deliver.

departmental employment skills development program means an employment skills development program provided by the chief executive.

disposal order, for chapter 5, see section 113.

electronic document ...

employee see the Industrial Relations Act 2016, section 8.

employer see the Industrial Relations Act 2016, section 7.

employer organisation means an organisation of employers.

employer resource assessment, for an apprentice or trainee, means a report about the capacity of the apprentice’s or trainee’s employer to provide or arrange to provide the range of work, facilities and supervision required under a training plan.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

fair work commission means the Fair Work Commission under the Fair Work Act 2009 (Cwlth).

former owner, for chapter 5, see section 113.

general power, for chapter 5, see section 113.

government entity means a government entity under the Public Sector Act 2022, section 276.

group training organisation means a corporation recognised by the chief executive under section 85 as a group training organisation.

GTO Standards means the standards—

(a)stating the matters required for a group training organisation to effectively perform its main function under section 83; and

(b)approved by the chief executive and published on the department’s website.

help requirement, for chapter 5, see section 113.

hosting arrangement means an arrangement under which a group training organisation or a principal employer organisation (each an organisation) agrees in writing with another entity for—

(a)the organisation, for a fee, to hire out an apprentice or trainee employed by the organisation to perform work for the other entity; and

(b)the other entity to train the apprentice or trainee under a training plan.

identity card, for chapter 5, see section 113.

industrial relations commission ...

information notice, about a decision, means a notice stating the following—

(a)the decision;

(b)the reasons for it;

(c)that the person to whom the notice is given may—

(i)for a decision mentioned in section 167—apply to QCAT for a review of the decision within 20 business days after the person receives the notice; or

(ii)for a decision mentioned in section 168—appeal the decision to the industrial relations commission;

(d)how to apply for review of, or appeal, the decision.

inspector see section 113.

misconduct, for chapter 2, part 2, division 7, see section 41.

nominal term see section 10.

non-departmental employment skills development program means an employment skills development program delivered by a person other than the chief executive.

notice—

(a)for chapter 4A, see section 112A; or

(b)for chapter 5, see section 113.

obstruct includes hinder, interfere with, resist and attempt to obstruct.

occupier, of a place, for chapter 5, see section 113.

of, a place, for chapter 5, see section 113.

offence warning, for chapter 5, see section 113.

office, for chapter 4A, see section 112A.

owner, for chapter 5, see section 113.

parent includes a guardian and a person who has parental responsibility for a child.

PEO Standards means the standards—

(a)stating the matters required for a principal employer organisation to effectively perform its main function under section 91; and

(b)approved by the chief executive and published on the department’s website.

personal details requirement, for chapter 5, see section 113.

person in control, for chapter 5, see section 113.

place, for chapter 5, see section 113.

premises, for chapter 5, see section 113.

pre-qualified supplier, for chapter 4A, see section 112A.

prescribed decision, for chapter 4A, see section 112A.

principal employer organisation means a corporation recognised by the chief executive as a principal employer organisation.

probationary period, for an apprenticeship or traineeship, means the period decided by the chief executive under section 11 as the probationary period for the apprenticeship or traineeship.

prohibited employer means an employer declared to be a prohibited employer under section 59.

public place, for chapter 5, see section 113.

purchaser see section 58(1)(a).

qualification means a VET qualification under the Commonwealth Act.

reasonably believes means believes on grounds that are reasonable in all the circumstances.

reasonably suspects, for chapter 5, see section 113.

referable matter, for chapter 4A, see section 112A.

referral entity, for chapter 4A, see section 112A.

registered training contract means a training contract registered under section 17.

registered training organisation see the Commonwealth Act, section 3.

reinstatement decision see section 40A.

relevant entity see section 40A.

repealed Act means the Vocational Education, Training and Employment Act 2000.

restricted calling means a calling declared by the chief executive to be a restricted calling under section 64.

show cause notice—

(a)for chapter 2, part 2, division 5, subdivision 2—see section 32C(1); or

(b)for chapter 2, part 2, division 6, subdivision 1A—see section 35C(1); or

(c)for chapter 2, part 2, division 6, subdivision 2—see section 37(2); or

(d)for chapter 2, part 2, division 7—see section 43(2); or

(e)for chapter 2, part 2, division 8, subdivision 2—see section 52(2); or

(f)for chapter 2, part 2, division 10—see section 60(2); or

(g)for chapter 2, part 4, division 2, subdivision 4—see section 82C; or

(h)for chapter 2, part 4, division 2, subdivision 5—see section 82F; or

(i)for chapter 3, part 1—see section 89(2); or

(j)for chapter 3, part 2—see section 97(2); or

(k)for chapter 4, part 1—see section 104(2); or

(l)for chapter 4, part 3—see section 111(2).

statement of attainment means a VET statement of attainment under the Commonwealth Act.

supervising registered training organisation, for an apprentice or trainee, means a registered training organisation that—

(a)delivers training to the apprentice or trainee under a training plan that requires the training to be delivered by a registered training organisation; and

(b)assesses an employer’s capacity to provide the supervision, facilities and training required under the training plan for an apprentice or trainee; and

(c)assesses whether the apprentice or trainee has completed the training required to be completed under the plan; and

(d)when satisfied the apprentice or trainee has completed the training required, issues the qualification or statement of attainment stated in the plan.

trainee see section 7.

traineeship means employment-based training declared by the chief executive under section 8 to be a traineeship.

traineeship contract means a contract in the approved form for the training and employment of a person in a traineeship.

training contract means—

(a)for an apprentice—an apprenticeship contract; or

(b)for a trainee—a traineeship contract.

training organisation means a person or an organisation providing, or offering to provide, training or assessment of skills and knowledge.

training plan, for an apprentice or trainee, means a document stating—

(a)the training to be delivered to the apprentice or trainee by the apprentice’s or trainee’s employer; and

(b)if the apprentice or trainee is also to be trained by a supervising registered training organisation—

(i)the training to be delivered to the apprentice or trainee by the organisation; and

(ii)the maximum period of the training to be delivered by the organisation during the apprenticeship or traineeship; and

(c)the qualification or statement of attainment to be issued to the apprentice or trainee on completing the training.

trust property, for chapter 8, part 1, see section 182.

vehicle, for chapter 5, see section 113.

vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF.

young person means a person under 18 years.