Industry and Commerce Training Act Amendment Act 1986 (Qld)

I15 ON ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 10 of 1986 An Act to amend the Industry and Commerce Training Act1979 -1985 in certain particulars [ASSENTED TO 26TH MARCH, 1986]

1 16 Industry and Commerce Training Act Amendment Act 1986, No. 10 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Industry and Commerce Training Act Amendment Act 1986. (2) In this Act, the Industry and Commerce Training Act 1979- 1985 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Industry and Commerce Training Act 1979-1986. 2. Amendment of s. 5. Interpretation , Section 5 of the Principal Act is amended by, in subsection (I)- (a) omitting the definition " calling"; (b) inserting after the definition "Deputy Commissioner" the following definition:- "Director, Division of Technical and Further Education" means the Director, Division of Technical and Further Education in the Department of Education;"; (c) inserting after the definition "Minister" the following definition:- "Minister for Education" means the Minister for Education or other Minister for the time being charged with the administration of the Education Act 1964-1984 and includes any Minister performing temporarily the duties of the Minister administering that Act;". 3. Amendment of s. 8 . Appointment of officers . Section 8 of the Principal Act is amended by- (a) adding at the end of subsection (1) the following paragraph:- "A person appointed for the purposes of paragraph (d) may be appointed to hold more than one of the offices referred to therein."; (b) omitting subsection (3) and subsection (5); (c) redesignating subsection (4) as subsection (3). 4. Amendment of s. 10 . Minimum standards of education . Section 10 of the Principal Act is amended by- (a) in subsection (I)- (i) omitting the words " a calling " and substituting the words "an apprenticeship calling"; (ii) omitting the words "that calling" and substituting the words "that apprenticeship calling"; (b) omitting from subsection (2) the word " callings " and substituting the words "apprenticeship callings".

Industry and Commerce Training Act Amendment Act 1986, No. 10 117 5. Amendment of s. 15 . Power of delegation by Commission or committee . Section 15 of the Principal Act is amended by, in subsection (1), inserting after the words ",sub-committee thereof " the words "appointed from amongst its own members". 6. Amendment of s. 17. Remuneration to members of Commission and committees . Section 17 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) Members of the Commission other than the chairman thereof, members of an industry and commerce advisory committee or a regional advisory committee other than the chairman thereof and members of a sub-committee of the Commission or an industry and commerce advisory committee shall be paid such fees, allowances and expenses, if any, as the Governor in Council from time to time determines.". 7. Amendment of s. 19. Constitution. Section 19 of the Principal Act is amended by- (a) omitting the expression "(1)"; (b) omitting subsection (2). 8. Amendment of s. 20. Composition. Section 20 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from the words appearing before paragraph (a) the expression "14" and substituting the expression "18"; (ii) omitting from paragraph (b) the words "Director of Technical Education" and substituting the words "Director, Division of Technical and Further Education"; (iii) omitting from paragraph (c) the expression "12" and substituting the expression "14"; (iv) inserting after paragraph (c) the following words:- " (d) one shall be nominated by the Minister for Education; (e) one shall be an officer of the department of State of the Commonwealth with responsibility for the administration of manpower programs, nominated by the Minister after consultation with the Minister of State for the Commonwealth appointed to administer the Commonwealth department"; (b) omitting from subsection (2) the words "paragraph (c)" and substituting the words " paragraphs ( c), (d) and (e)"; (c) adding at the end thereof the following subsection:- "(4). Notwithstanding the commencement of section 8 of the Industry and Commerce Training ActAmendmentAct 1986- (a) the members of the Commission holding office immediatedly prior to the commencement of that

1 18 Industry and Commerce Training Act Amendment Act 1986, No. 10 section shall continue to hold office and, subject to paragraph (b), the Commission shall be deemed to be duly constituted accordingly, as if that section had not been enacted; (b) appointments in respect of the additional membership of the Commission provided for by that section may be made for the first time during the term of office of other members referred to in paragraph (a), that were appointed for the purposes of paragraph (c) of subsection (1), and if such appointments are made- (i) they shall be for the balance of the term of those other members; and (ii) the Commission shall thereupon be duly constituted by the members so appointed and the members referred to in paragraph (a).". 9. Repeal of s. 24 , s. 25 and s. 26 and new s. 24 and s. 25. The Principal Act is amended by repealing sections 24, 25 and 26 and substituting the following sections:- "24. Committees . The Commission may appoint such persons as it thinks fit, including its members, to constitute such sub- committees as it considers necessary to assist it in the exercise of its powers and authorities and the performance of its functions and duties. 25. Consultative bodies. The Commission, for the purpose of obtaining advice in respect of the exercise of its powers and authorities and the performance of its functions and duties may extend recognition to, and consult with, agencies and bodies, whether in Queensland or elsewhere, that have experience or expertise in respect of training for industry and commerce or that have functions that wholly or partly correspond or are similar to the functions of the Commission.". 10. Amendment of s. 31. Procedure at meetings . Section 31 of the Principal Act is amended by omitting from subsection (2) all words from and including "a majority" to and including "as such members" and substituting the words "the chairman and five members of the Commission". 11. Amendment of s. 36. Constitution . Section 36 of the Principal Act is amended by- (a) omitting from subsection (2) the words "on the recommendation of the Commission"; (b) omitting subsection (3) 12. Amendment of s. 37. Composition . Section 37 of the Principal Act is amended by- (a) omitting from subsection (1) the words "Director of Technical Education" and substituting the words "Director, Division of Technical and Further Education";

Industry and Commerce Training Act Amendment Act 1986, No. 10 119 (b) omitting from subsection (3) all words from and including the words "equal numbers" to and including the words "and shall comprise"; (c) adding at the end of subsection (3) the following words:- 11 and (c) such number of other persons (if any) as the Minister determines and nominates. The persons representative of employers nominated by the Minister pursuant to paragraph (a) shall be equal in number to the persons nominated by him pursuant to paragraph (b) as representative of employees". 13. Repeal of and new s. 38 . The Principal Act is amended by repealing section 38 and substituting the following section:- "38. Saving of committees . Notwithstanding the commencement of section 12 of the Industry and CommerceTraining Act Amendment Act 1986- (a) the members of an industry and commerce advisory committee holding office immediately prior to the commencement of that section shall continue to hold office and, subject to paragraph (b), the industry and commerce advisory committee shall be deemed to be duly constituted accordingly, as if that section had not been enacted; (b) appointments in respect of the additional membership of an industry and commerce advisory committee provided for by that section may be made for the first time during the term of office of other members referred to in paragraph (a), that were appointed for the purposes of subsection (3) of section 37, and if such appointments are made- (i) they shall be for the balance of the term of those other members; and (ii) the industry and commerce advisory committee shall thereupon be duly constituted by the members so appointed and the members referred to in paragraph (a).". 14. Amendment of s. 39. Functions of committee . Section 39 of the Principal Act is amended by- (a) adding at the end of paragraph (b) the words "in any region of the State for which a regional advisory committee has not been appointed";

120 Industry and Commerce Training Act Amendment Act 1986, No. 10 (b) redesignating paragraph (h) as paragraph (i) and inserting after paragraph (g) the following paragraph:- "(h) to confer with other industry and commerce advisory committees and other agencies and bodies in Queensland or elsewhere that have functions that wholly or partly correspond or are similar to the functions defined in this section;". 15. Amendment of s. 40. Sub-committees. Section 40 of the Principal Act is amended by- (a) omitting all words from and including "from amongst" to and including "advisory sub-committees" and substituting the words "such persons as it thinks fit, including its own members, to constitute such sub-committees"; (b) omitting all words from and including "The chairman" to and including "so appointed.". 16. Amendment of s. 51. Appointment of committees. Section 51 of the Principal Act is amended by- (a) omitting the expression "(1)"; (b) omitting subsection (2). 17. Amendment of s. 52. Composition of committee. Section 52 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "such other members" in paragraph (c) and substituting the words "members representative of industrial unions of employers and of employees"; (ii) adding at the end thereof the following words:- 66 (d) such other members (if any) as the Minister determines"; (b) omitting the words "other than the chairman and the member ex officio" in subsection (4) and substituting the words "appointed for the purposes of paragraph (c) of subsection (1)"; (c) adding at the end thereof the following subsection:- "(5) Notwithstanding the commencement of section 17 of the Industry and Commerce Training Act Amendment Act 1986- (a) the members of a regional advisory committee holding office immediately prior to the commencement of that provision shall continue to hold office and, subject to paragraph (b), the regional advisory committee shall be deemed to be duly constituted accordingly, as if that section had not been enacted; (b) appointments in respect of the additional membership of a regional advisory committee provided for by

Industry and Commerce Training Act Amendment Act 1986, No. 10 121 that section may be made for the first time during the term of office of the other members referred to in paragraph (a), that were appointed for the purposes of paragraph (c) of subsection (1), and if such appointments are made- (i) they shall be for the balance of the term of those other members; and (ii) the regional advisory committee shall thereupon be duly constituted by the members so appointed and the members referred to in paragraph (a).". 18. Amendment of s. 53 . Functions of committee . Section 53 of the Principal Act is amended by adding at the end thereof the words "by this Act and the regulations". 19. Amendment of s. 61 . Representative on committee for special purposes . Section 61 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "The" where it occurs at the commencement of the subsection and substituting the words "For special purposes the"; (ii) omitting the words "in any calling" and substituting the words "or body or person"; (iii) inserting after the words "thereupon the union" the words ", body or person"; (b) in subsection (2), omitting the words "the calling he represents" and substituting the words "the special purposes for which he was appointed". 20. Amendment of s. 62 . Registration and employment of apprentices. Section 62 of the Principal Act is amended by, in subsection (6)- (a) omitting the words "a calling" and substituting the words "an apprenticeship calling"; (b) omitting the words "the calling" wherever they occur and substituting the words "the apprenticeship calling". 21. Amendment of s. 67. Period of apprenticeship . Section 67 of the Principal Act is amended by- (a) omitting from subsection (2) the words "an industry and commerce advisory committee" and substituting the words "a committee under this Act or the Commissioner"; (b) in subsection (3)- (i) omitting the words "may at the commencement of an apprenticeship" and substituting the words "or, where there is no such committee, the Commissioner, may"; 5

122 Industry and Commerce Training Act Amendment Act 1986, No. 10 (ii) omitting the words " prior to such commencement and, if the committee is" and substituting the words "prior to the commencement of his apprenticeship , and if "; (iii) inserting after the words "be reduced, it" the words ", or he,"; (iv) inserting after the words "period that it" the words ", or he,"; (v) inserting after the words "as the committee" the words "or, as the case may be, the Commissioner,"; (vi) inserting after the words "calling, the committee" the words "or, as the case may be, the Commissioner,"; (vii) inserting after the words "period as it" the words ", or he,"; (c) in subsection (4)- (i) inserting after the words "calling concerned" the words "or, where there is no such committee, the Commissioner"; (ii) omitting the words "experience, it" and substituting the words "experience, the committee, or as the case may be, the Commissioner"; (iii) inserting after the word "its" the word ", or his,". 22. Amendment of s. 71 . Employer's entitlement to apprentice. Section 71 of the Principal Act is amended by omitting the words "the industry and commerce advisory committee for such apprenticeship calling" and substituting the words " a regional advisory committee that has been appointed for the region in which the employer conducts his business, or where there is no such committee, the industry and commerce advisory committee for the apprenticeship calling , or where there is neither such committee, the Commissioner". 23, Amendment of s. 72. Inability of employer to provide work for an apprentice . Section 72 of the Principal Act is amended by- (a) in subsection (2)- (i) inserting after the words "Commissioner for permission" the words "to stand down the apprentice or"; (ii) adding at the end thereof the following paragraph:- "Where the Commissioner grants his permission pursuant to this subsection he may impose such conditions as he thinks fit."; (b) adding at the end thereof the following subsection:- "(3) Unless the Commissioner determines otherwise as part of the conditions of permission, where an apprentice is stood down or employed for less than his full working time pursuant to permission granted by the Commissioner under subsection (2), the year of apprenticeship of the apprentice concerned shall be extended by the time so lost. The Commissioner may determine that the year of apprenticeship shall be extended for a period of time less than

Industry and Commerce Training Act Amendment Act 1986, No. 10 123 the time so lost, or not extended, and may impose conditions upon the apprentice concerned in respect thereof.". 24. Amendment of s. 74. Attendance at classes and submission for examinations . Section 74 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from paragraph (a) all words from and including ", on the recommendation" to and including "advisory committee,"; (ii) adding at the end of paragaph (a) the words "and may in like manner revoke or vary a direction so given"; (iii) omitting paragraphs (b), (c), (d) and (e) and substituting the following paragraphs:- "(b) Where an employer requests the Minister to do so, the Minister may permit an apprentice employed by that employer to undertake a course or courses of instruction that differ from those stipulated in a direction made under paragraph (a) and, where the Minister does so permit, the apprentice concerned shall undertake the course or courses of instruction by continuous attendance at a College of Technical and Further Education for the period stipulated by the Minister, in giving his permission under this paragraph, for each year of the course or courses of instruction.. (c) Where under paragraph (b) the Minister permits an apprentice to undertake a course or courses of instruction that course, or, as the case may be, those courses and the period stipulated by the Minister, in giving the permission, in respect of each year of the course or courses of instruction shall. for the purposes of this Act, be deemed to be stipulated in a direction of the Minister made under paragraph (a). (d) The Minister may at any time withdraw his permission given under paragraph (b) and in that case the apprentice shall comply with the terms of the direction made under paragraph (a) that is applicable to him."; (b) in subsection (2), omitting from paragraph (a) the words "or 105 working days, whichever is the lesser,"; (c) inserting the word "apprenticeship" before the words "calling" and "callings" wherever they occur. 25. Amendment of s. 75 . Offences relating to course of instruction undertaken by apprentice . Section 75 of the Principal Act is amended by- (a) in the note appearing in and at the beginning thereof omitting the word "Offences" and substituting the word "Penalties";

124 Industry and Commerce Training Act Amendment Act 1986, No. 10 (b) omitting subsection ( 1) and substituting the following subsections:- "(1) Where the chairman of the regional advisory committee appointed for the region in which the apprentice's employer conducts his business , or where there is no such committee, the Deputy Commissioner , is satisfied beyond reasonable doubt that an apprentice , without reasonable excuse- (a) has failed on any occasion to attend a college or class that he is required by this Act to attend; (b) has failed to exercise due diligence with respect to a course of instruction that he is required by this Act to undergo; (c) being an apprentice undertaking a course of instruction by correspondence that he is required by this Act to undertake , has failed to return to the college concerned according to its timetable papers received by him in connexion with that course; or (d) has behaved in an unbecoming manner while attending a college or class that he is required by this Act to attend, the chairman or, as the case may be, the Deputy Commissioner, may require the apprentice to pay, within such time as he determines, a sum not less than $10 nor more than $20 by way of penalty. (1 A) The chairman or, as the case may be, the Deputy Commissioner, shall not require an apprentice to pay a penalty under subsection (1) unless he is satisfied that the apprentice has been given the opportunity to make submissions in respect of the matter in question and unless he has considered any submissions made by the apprentice. Where the Governor in Council prescribes the manner in which an apprentice may be given the opportunity to make submissions, it shall be sufficient for the purposes of this subsection if the chairman or, as the case may be, the Deputy Commissioner, is satisfied that the apprentice has been given the opportunity to make submissions as prescribed."; (c) omitting from subsection (2) the words "Deputy Commissioner or, as the case may be, chairman" and substituting the words "the chairman or, as the case may be, Deputy Commissioner". 26. Amendment of s. 78. Failure to pass more than one examination. Section 78 of the Principal Act is amended by, in subsection (1), omitting all words from and including "by the industry" to and including "the Commissioner" and substituting the words ", where a regional advisory committee has been appointed for the region in which the apprentice's employer conducts his business, by that committee, or, if there is no such committee, by the industry and commerce advisory committee concerned or, if there is neither such committee, by the Commissioner".

Industri, and Commerce Training Ac! Amendment Act 1986, No. 10 125 27. New s. 78A. The Principal Act is amended by inserting after section 78 the following section:- "78 A. Failure to make progress . (1) The industry and commerce advisory committee concerned, or if there is no such committee, the Commissioner, may at any time investigate whether or not an apprentice has made sufficient progress in the theoretical or practical knowledge applicable at any stage to the apprenticeship calling in which he is apprenticed. (2) The committee, or as the case may be, the Commissioner, may require the apprentice to undergo such theoretical or practical tests (if any) as it , or he, thinks fit, and may regard any refusal by an apprentice to comply with a requirement under this subsection as evidence that he has not made sufficient progress. (3) Where upon investigation it appears to the committee or, as the case may be, the Commissioner, that the apprentice has not made sufficient progress, the committee or, as the case may be, the Commissioner may. by order specifying the grounds thereof, call upon him to show cause why his indenture of apprenticeship should not be cancelled or vaned and may therein give further directions to him in respect of the manner in which he is to show cause. Except where the apprentice otherwise consents, the order to show cause shall be given to him in writing. (4) If the apprentice fails to show cause as required or fails to show sufficient cause, the committee or. as the case may be, the Commissioner may- (a) cancel his indenture of apprenticeship; or (b) with the consent of his employer extend the period of apprenticeship under his indenture for a specified period and upon specified terms and conditions (if any). (5) Where, pursuant to this section, the Commissioner carries out an investigation and determination, for the purposes of the application of section 117 the Commissioner shall be deemed to be the industry and commerce advisory committee concerned. and the chairman thereof.". 28. Repeal of s. 79. Further courses of instruction . The Principal Act is amended by repealing section 79. 29. Amendment of s. 80 . Cancellation of indenture . Section 80 of the Principal Act is amended by omitting the words "the industry and commerce advisory committee for the apprenticeship calling concerned" and substituting the words "the regional advisory committee appointed for the region in which the apprentice's employer conducts his business or. if there is no such committee, the industry and commerce advisory committee for the apprenticeship calling concerned. or if there is neither such committee, the Commissioner". 30. Amendment of s. 88 . Lost time . Section 88 of the Principal Act is amended by, in subsection (1). inserting after the words "under this

126 Industry and Commerce Training Act Amendment Act 1986, No. 10 Act" the words "or on account of a permission granted by the Commissioner pursuant to subsection (2) of section 72". 31. Amendment of s. 89 . Proficiency awards . Section 89 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following words:- "(1) The Commission may, in respect of any stage of a course of instruction undertaken by a class of apprentice attending a College of Technical and Further Education from time to time set a standard of proficiency for the purpose of this section and notify the college of its determination. Where the Commission does not set a standard of proficiency for the purpose of this section in respect of a stage of a course of instruction, an apprentice shall attain the standard of proficiency for the purpose of this section if he gains an average of 75 per centum or more in all subjects at the examination held for the stage of the course of instruction. (2) Where an apprentice attains the standard of proficiency the college shall give to him a certificate of proficiency to that effect and shall give to his employer a copy of the certificate."; (b) redesignating subsection (2) as subsection (3) and in that subsection- (i) omitting the words "subsection (1)" and substituting the words "subsection (2)", (ii) inserting after the words "is apprenticed" the words "or, where there is no such committee, the Commissioner,". 32. Amendment of s. 97. Account and audit . Section 97 of the Principal Act is amended by, in subsection (1)- (a) inserting after the words "received by the Commission" occurring in the first paragraph the words "by way of donation or"; (b) omitting from the second paragraph all words from and including "the examinations prescribed" to and including "to whom this Act applies" and substituting the words "the training of apprentices, adult trainees, trainee technicians and other persons undergoing training whether or not other trainees to whom this Act applies". 33. Amendment of s. 99 . Pre-apprenticeship and pre-vocational courses of training . Section 99 of the Principal Act is amended by- (a) omitting from subsection (5) all words from and including "the industry and" to and including "may be, Commissioner" and substituting the words "the Commission, after consultation with the industry and commerce advisory committee concerned"; (b) omitting the words "Director of Technical Education" wherever they occur and substituting the words "Director, Division of Technical and Further Education".

Industry and Commerce Training Act Amendment Act 1986, No. 10 127 34. Amendment of s. 100 . Full time apprenticeship and pre-vocational training . Section 100 of the Principal Act is amended by omitting from subsection (3) the words "Director of Technical Education" where they twice occur and substituting the words "Director, Division of Technical and Further Education". 35. Amendment of s. 103A. Commission may issue certificate in respect of recognized work or training . Section 103A of the Principal Act is amended by, in subsection (3)- (a) omitting the words "an investigation" and substituting the words "such investigation (if any) as it thinks fit"; (b) omitting the words "as a result of the investigation" and substituting the words "upon considering the application". 36. Amendment of s. 105A. Training record . Section 105A of the Principal Act is amended by- (a) omitting from subsection (4) the words "a person authorized under this Act in that behalf' and substituting the words "a commission inspector or a training consultant"; (b) adding at the end thereof the following subsections:- "(6) Where the chairman of the regional advisory committee appointed for the region in which the employer of the person conducts his business, or, where there is no such committee appointed, the Deputy Commissioner, is satisfied beyond reasonable doubt that a person to whom a training record book is issued pursuant to subsection (1) has, without reasonable excuse- (a) failed to maintain the training record book, or failed to produce it to his employer, as required by subsection (2); or (b) upon being required to do so by a commission inspector or a training consultant, failed to produce the training record book for inspection, the chairman or, as the case may be, the Deputy Commissioner, may require the person to pay, within such time as he determines, a sum not less than $10 nor more than $20 by way of penalty. (7) The chairman or, as the case may be, the Deputy Commissioner, shall not require a person to pay the penalty provided for under subsection (6), unless he is satisfied that the person has been given the opportunity to make submissions in respect of the matter in question and unless he has considered any submissions made by the person. Where the Governor in Council prescribes the manner in which the person may be given the opportunity to make submissions, it shall be sufficient for the purposes of this subsection if the chairman or, as the case may be, the Deputy Commissioner

128 Industry and Commerce Training Act Amendment Act 1986, No. 10 is satisfied that the person has been given the opportunity to make submissions as prescribed. (8) A person aggrieved by a decision of the chairman or, as the case may be, the Deputy Commissioner, *may appeal to. the Commission against the decision. The Commission shall hear and determine the matter and may uphold or dismiss the appeal. Where the appeal is upheld the Commission may remit the penalty or make such other order as it thinks fit. The procedure upon an appeal pursuant to this subsection shall be as prescribed. (9) Penalties imposed under this section shall be paid to, and become the property of, the Commission.". 37. Amendment of s. 106. Restrictions as to employment of persons under the age of 21 years . Section 106 of the Principal Act is amended by- (a) omitting the words "a calling" wherever they occur and substituting the words "an apprenticeship calling"; (b) omitting the words "that calling" wherever they occur and substituting the words "that apprenticeship calling". 38. Amendment of s. 109 . Failure to provide tools of trade. Section 109 of the Principal Act is amended by omitting from subsection (3) the expression "6 months" and substituting the expression "12 months". 39. Amendment of s. 113 . Proceedings for offences . Section 113 of the Principal Act is amended by omitting from subsection (1) the word "complaintant" and substituting the word "complainant". 40. Amendment of s. 114 . Recovery of wages and other money due to apprentice or trainee . Section 114 of the Principal Act is amended by omitting the expression "12 months" wherever it occurs and substituting the expression "2 years". 41. Amendment of s. 117. Attendance of persons before Commission or committee . Section 117 of the Principal Act is amended, in subsection (1), by inserting after the words "commerce advisory committee" the words "or the chairman of a regional advisory committee". 42. Amendment of s. 128 . Regulations . Section 128 of the Principal Act is amended by, in subsection (1), omitting from paragraph (v) all words from and including "by an industry" to and including "an apprentice" and substituting the words "by a committee constituted under this Act, or by the Commissioner, in relation to an application by an employer for that purpose".