Vocational Education, Training and Employment Act 1991 (Qld)

Queensland VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT ACT 1991 Reprinted as in force on 2 October 1998 (includes amendments up to Act No. 1 of 1997) Reprint No. 2 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 2 October 1998. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • use standard punctuation consistent with current drafting practice (s 27) • use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT ACT 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Adoption of meanings of expressions in Industrial Relations Act . . . . . . . . 13 PART 2—ADMINISTRATION Division 1—Vocational Education, Training and Employment Commission 6 Constitution of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 Membership of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8 Commission subject to direction of the Minister . . . . . . . . . . . . . . . . . . . . . 15 9 Functions of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10 Functions of commission in relation to ANTA . . . . . . . . . . . . . . . . . . . . . . . 16 11 Powers of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11A Commission is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 12 Chairperson may sign agreements for commission . . . . . . . . . . . . . . . . . . . . 18 13 Commission’s rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14 Recognition of industry training advisory bodies . . . . . . . . . . . . . . . . . . . . . 19 Division 2—Standing committees of commission 15 Constitution of State Training Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 16 Functions and powers of State Training Council . . . . . . . . . . . . . . . . . . . . . 20 17 Constitution of State Planning and Development Council . . . . . . . . . . . . . . 21

2 Vocational Education, Training and Employment Act 1991 18 Functions and powers of State Planning and Development Council . . . . . . 22 19 Constitution of Accreditation Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 20 Functions and powers of Accreditation Council . . . . . . . . . . . . . . . . . . . . . . 24 21 Appointment of advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 3—General provisions relating to Commission and standing committees 22 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 23 Vacancy in membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 24 Filling casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 25 Manner of exercising power of Commission or standing committees . . . . . 27 26 Power of delegation by commission or standing committees . . . . . . . . . . . 27 27 Meetings, quorum and business etc. of commission or standing committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 28 Validity of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 29 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 Remuneration to members of commission, standing committees and other committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 4—Vocational Education, Training and Employment Corporation 31 Chief executive is corporation sole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 32 Chief executive subject to direction of the Minister . . . . . . . . . . . . . . . . . . 30 33 Functions of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 33A Corporation is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 34 Power of corporation to be a member of other bodies . . . . . . . . . . . . . . . . . 32 35 Returns to be furnished as required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 36 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 37 Power to continue and establish State colleges . . . . . . . . . . . . . . . . . . . . . . 33 38 Powers incident to maintaining State colleges . . . . . . . . . . . . . . . . . . . . . . . 34 39 Trespass on State colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 40 Production and sale of materials and services . . . . . . . . . . . . . . . . . . . . . . . 36 41 Power of delegation by corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Division 5—Trusts, gifts and fees 42 Approved scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

3 Vocational Education, Training and Employment Act 1991 43 Variation of trust purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 44 Amendment of approved scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 45 Requirement for schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 46 Recording schemes in land register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 47 Rights and jurisdiction in equity not affected . . . . . . . . . . . . . . . . . . . . . . . . 39 48 Disposal of moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 6—Employment of staff and other persons 49 Commission employees etc. employed under Public Service Act . . . . . . . 39 Division 7—State college councils 52 Establishment and constitution of councils . . . . . . . . . . . . . . . . . . . . . . . . . . 39 53 Functions of State college council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 54 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 55 Removal of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 56 Chairperson, deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 57 Vacancy in membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 58 Filling casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 8—ANTA 59 Conferral of functions on ANTA in relation to State . . . . . . . . . . . . . . . . . . 44 60 Powers of ANTA in State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 PART 3—TRAINING ADMINISTRATION Division 1—Vocational education and training establishments 61 Recognition of vocational education and training establishments as approved training organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 62 Renewal of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 63 Notification of refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 64 Conduct of unrecognised establishment required to be recognised . . . . . . . 47 65 Cancellation or suspension of recognition as approved training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 66 Offence re advertising vocational education and training establishment or program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 67 Control over matters about the conferring of awards . . . . . . . . . . . . . . . . . . 49 Division 2—Approved training schemes 68 Approved training schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

4 Vocational Education, Training and Employment Act 1991 69 Prohibition of premium for training scheme . . . . . . . . . . . . . . . . . . . . . . . . . 52 70 Training agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 71 Trainee probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 72 Amendment of training agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 73 Period of training scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 74 Temporary assignment of trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 75 Trainees attendance at courses of instruction . . . . . . . . . . . . . . . . . . . . . . . . 57 76 Trainee or apprentice not required to be member of industrial organisation of employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 77 Minimum qualifications for apprenticeships . . . . . . . . . . . . . . . . . . . . . . . . . 58 78 Restrictions on employing persons under 21 in an apprenticeship calling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 79 Employer’s entitlement to apprentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 80 Apprentice must be paid for course time . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 3—Other training arrangements 81 Pre-apprenticeship, pre-vocational and full-time institutional training . . . . 60 82 Recognition of work or training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 4—Entitlements 83 Fixing of wages payable to trainees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 84 Superannuation entitlements due to trainees . . . . . . . . . . . . . . . . . . . . . . . . . 63 85 Trainees’ entitlements if not under training agreement . . . . . . . . . . . . . . . . 64 86 Fixing of wages payable to apprentices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 87 Fixing of other entitlements of apprentices . . . . . . . . . . . . . . . . . . . . . . . . . . 67 88 Apprentices’ entitlements if not under training agreement . . . . . . . . . . . . . 68 89 Industrial Commission may order provision of tools of trade . . . . . . . . . . . . 69 Division 5—General provisions 90 Effect of death or retirement of a partner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 91 Temporary inability of employer to provide work . . . . . . . . . . . . . . . . . . . . . 69 92 Inspection of time and wages record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 93 Training record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 94 Period of absence from employment may be added to training period . . . . 71 95 Prevention by employer of attendance by apprentice or trainee at college or class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

5 Vocational Education, Training and Employment Act 1991 96 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 97 Cancellation of training agreement on request . . . . . . . . . . . . . . . . . . . . . . . 74 98 Provision of tools of trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 99 Offences concerning employment of apprentices or trainees . . . . . . . . . . . . 75 100 Recovery of moneys due and payable to, or on account of apprentice or trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 101 Payment to training consultant or industrial inspector of money due to apprentice or trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 102 Accounting for moneys paid to training consultant or industrial inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 103 Recovery of unpaid superannuation contribution due to apprentice or trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 104 Employer to be informed of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 PART 4—MISCELLANEOUS PROVISIONS 105 State bound by Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 106 Act prevails in event of inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 107 Approved forms of State Training Council . . . . . . . . . . . . . . . . . . . . . . . . . . 85 108 Conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 109 Holders of office to act honestly and with propriety . . . . . . . . . . . . . . . . . . . 86 110 Protection of name of commission and corporation . . . . . . . . . . . . . . . . . . . 87 111 Entry onto premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 112 Monitoring warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 113 Offence related warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 114 Provisions concerning exercise of powers and seizure . . . . . . . . . . . . . . . . . 90 115 Duty to protect interests of employees to whom Act applies . . . . . . . . . . . . 91 116 Offences of obstruction and failing to answer questions . . . . . . . . . . . . . . . . 91 117 Attendance at investigation by commission or State Training Council . . . 92 118 Destruction etc. of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 119 Protection of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 120 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 121 Procedural law applicable to proceedings before industrial magistrate . . . 94 122 Representation of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 123 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

6 Vocational Education, Training and Employment Act 1991 124 Appeal to commission or Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 125 Indemnity to persons administering Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 126 Regulations may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 PART 5—TRANSITIONAL PROVISIONS 127 Indentures become training agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 128 Apprenticeships and traineeships become approved training schemes . . . 101 129 Transitional provision about existing delegations . . . . . . . . . . . . . . . . . . . . 101 129 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 103 NATIONAL VOCATIONAL EDUCATION AND TRAINING STATEMENT ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 116 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

s1 7 s3 Vocational Education, Training and Employment Act 1991 VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT ACT 1991 [as amended by all amendments that commenced on or before 2 October 1998] An Act to provide for vocational education, training and employment and related purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Vocational Education, Training and Employment Act 1991 . ˙ Commencement 2.(1) Section 1 and this section commence on the day this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day to be appointed by proclamation. ˙ Objects 3. The objects of this Act are— (a) to establish effective and efficient mechanisms for the provision of vocational education, training and employment services responsive to the needs of industry and the community; and (b) to provide mechanisms by which employers, unions and the community can advise government on vocational education and training needs and priorities to meet those needs; and

s4 8 s4 Vocational Education, Training and Employment Act 1991 (c) to provide mechanisms for consultation between the Commission and providers of vocational education and other bodies involved in vocational education; and (d) to provide for a system of accreditation of vocational education and training courses to ensure the quality of those courses; and (e) to facilitate the development of training by and within industry; and (f) to promote cross-crediting and articulation of courses between providers of vocational education and training and other sectors of education so as to maximise progression of students; and (g) to regulate training including apprenticeship, traineeship and other training systems; and (h) to promote the creation of employment services within the State; and (i) to improve links between vocational education and training and secondary or higher education; and (j) to promote the development of a national vocational education and training system in accordance with the National Statement. ˙ Interpretation 4. In this Act— “accreditation” of a course means confirmation that the course has met standards set by the commission. “ANTA” means the Australian National Training Authority established under the Australian National Training Authority Act 1992 (Cwlth). “ANTA Act” means the Australian National Training Authority Act 1992 (Cwlth). “apprentice” means a person who is registered as an apprentice under this Act, whether or not the person has entered into a training agreement with an employer. “apprenticeship” means an approved training scheme under section 68(2)(b).

s4 9 s4 Vocational Education, Training and Employment Act 1991 “apprenticeship calling” means a trade that is approved under section 68(9) as an apprenticeship calling. “approved training organisation” means a vocational education and training establishment that is recognised as an approved training organisation under section 61. “approved training scheme” has the meaning given by section 68(1). “authorised person” means— (a) an industrial organisation; or (b) an organisation or body with an interest in an apprenticeship calling or training scheme; or (c) the State Training Council. “award” means a certificate, advanced certificate, associate diploma, diploma or other award that is approved by the commission. “chief executive” means the chief executive of the department. “commission” means the Vocational Education, Training and Employment Commission. “Commissioner for Training” means the chairperson for the time being of the State Training Council. “corporation” means the Vocational Education, Training and Employment Corporation. “course” means a structured sequence of vocational education and training. “director” , in relation to a State college, means the person in charge of the college. “employer” means an employer within the meaning of the IndustrialRelationsAct1990 , 1 and includes an industrial organisation and a group training scheme. “group training scheme” means an industrial organisation or a body corporate that is approved by the State Training Council to employ apprentices or trainees but which uses the facilities of its members or 1 Now see Acts Interpretation Act 1954 , s 14H and Workplace Relations Act 1997 .

s 4 10 s 4 Vocational Education, Training and Employment Act 1991 other employers to train those apprentices or trainees. “guardian” means a parent or guardian, and includes, in a case where a person has no parent or guardian resident in Queensland capable of acting and willing to act, a person approved by the State Training Council. “industrial award” means an award under the Workplace Relations Act1997 . “industrial inspector” means an inspector under the Workplace RelationsAct 1997 . “industrial instrument” means— (a) an industrial instrument under the Workplace Relations Act 1997 ; or (b) an award or agreement made under the Workplace Relations Act 1996 (Cwlth). “industrial organisation” means— (a) registered under the IndustrialOrganisationsAct1997 as an organisation; or (b) registered under the Workplace Relations Act 1996 (Cwlth). “Ministerial Council” means the Ministerial Council established in accordance with the National Statement. “National Statement” means the statement set out in the schedule. “National Strategic Plan” has the meaning given to it in the National Statement. “occupation” means any trade, apprenticeship calling, vocation or craft. “pre-apprenticeship course” means a course of instruction that— (a) is approved by the State Training Council in an apprenticeship calling; and (b) is undertaken before entry into apprenticeship in that apprenticeship calling. “premises” means—

s 4 11 s 4 Vocational Education, Training and Employment Act 1991 (a) land; or (b) a building, structure or erection of any kind, whether wholly or partly constructed or erected or in the course of construction or erection; or (c) a part of a building, structure or erection; or (d) any aircraft, vehicle or vessel. “premium” means money, goods or service paid or provided, or action done, as an inducement or a reward or gift. “pre-vocational course” means a course of instruction that— (a) is approved by the State Training Council in more than 1 apprenticeship calling; and (b) is undertaken before entry into apprenticeship in any of those apprenticeship callings. “probationary period” includes any prescribed period of extension of a probationary period. “probationer” means an apprentice or trainee who under this Act is employed on probation. “recognition” of a training program or short course means confirmation that the program or course has met standards set by the commission. “registration” , of an entity providing a course, training program or short course, means confirmation that the entity has met standards set by the commission. “repealed Act” includes— (a) the Employment, Vocational Education and Training Act 1988 ; and (b) that Act as amended by the Employment, Vocational Educationand Training Act Amendment Act 1988 ; and (c) that Act as further amended by the Public Service (AdministrativeArrangements) Act 1990 . “senior secondary education” means education offered in years 11 and 12.

s 4 12 s 4 Vocational Education, Training and Employment Act 1991 “short course” means a course— (a) that does not contain a component of an accredited course; and (b) for which a person completing the course does not receive an award. “State college” means— (a) any State college or other means of technical and further education; and (b) any State senior college continued or established under this Act. “State Training Council” means the State Training Council constituted under this Act. “State Training Profile” has the meaning given to it in the National Statement. “student” means a person enrolled in a State college. “technical and further education” means tertiary education other than advanced education or university education. “tertiary education” means education, other than primary or secondary education, offered wholly or primarily to students who have completed their primary and secondary education or who are above the age of compulsory attendance at school. “trainee” means a person registered as a trainee under this Act (whether or not a training agreement has been entered into). “traineeship” means an approved training scheme under section 68(2)(a). “training agreement” means an agreement of training, binding a trainee or apprentice and an employer, made under this Act. “training consultant” means the Commissioner for Training and any other person appointed in accordance with this Act as a training consultant. “training program” means a course— (a) that contains a component of an accredited course; and (b) for which a person completing the course does not receive an award.

s 5 13 s 6 Vocational Education, Training and Employment Act 1991 “vocational education” means education having a vocational outcome and encompassing technical and further education including courses run by State colleges. “vocational education and training establishment” means any institution established for private or commercial purposes providing or offering a vocational education course, other than a State college. “welfare consultant” means the Commissioner for Training and any other person appointed in accordance with this Act as a welfare consultant. ˙ Adoption of meanings of expressions in Industrial Relations Act 5. An expression defined in the IndustrialRelationsAct1990 , when used in this Act, has the meaning assigned it by that Act. PART 2—ADMINISTRATION Division 1—Vocational Education, Training and Employment Commission ˙ Constitution of commission 6.(1) There is to be a body called the Vocational Education, Training and Employment Commission. (2) The commission is a body corporate with perpetual succession and a common seal and is capable in law of— (a) suing and being sued; and (b) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it; and (c) accepting gifts, grants, bequests or devises and creating and administering trust funds; and (d) doing and suffering all such other actions and things as bodies

s 7 14 s 7 Vocational Education, Training and Employment Act 1991 corporate may in law do and suffer. (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the common seal of the commission affixed to a document and must presume that it was duly affixed until the contrary is proved. ˙ Membership of commission 7.(1) The commission consists of— (a) 3 persons having standing as employers, 1 of whom has standing in the rural industry; and (b) 3 persons having standing with industrial organisations of employees; and (c) 3 persons having standing in the community, of whom— (i) 1 is drawn from the area of higher education; and (ii) another is drawn from the area of general education and nominated by the Minister charged with the administration of the Education (General Provisions) Act 1989 ; and (d) the general manager for the time being of the commission; and (e) a nominee of the Commonwealth Minister responsible for vocational education and training; and (f) the chief executive. (2) The members of the commission (other than the general manager of the commission and the chief executive) are to be appointed by the Governor in Council. (3) The Governor in Council is to designate a member of the commission to be chairperson of the commission and another member to be deputy chairperson of the commission. (4) The deputy chairperson is to act as chairperson during— (a) all vacancies in the office of chairperson; and (b) all periods when the chairperson is absent from duty or, for another reason, cannot perform the functions of the office.

s 8 15 s 9 Vocational Education, Training and Employment Act 1991 ˙ Commission subject to direction of the Minister 8.(1) In respect of matters of policy and in exercise of its powers, and performance of its functions, under this Act, the commission is subject to directions given to it in writing by the Minister and is to comply with such directions. (2) Directions given by the Minister in a financial year must be disclosed in the annual report furnished under section 9(m) in relation to that financial year. ˙ Functions of commission 9. The functions of the commission are— (a) to advise the Minister on the development of frameworks for the State’s vocational education, training and employment services, which will ensure efficient and high quality services from both the public and private sectors; and (b) to advise the Minister on vocational education, training and employment strategies, which will complement State economic and social development; and (c) to determine policy relating to regulated training including apprenticeship, traineeship and other training systems; and (d) to decide policy about— (i) the accreditation of courses; and (ii) the recognition of training programs and short courses; and (iii) the registration of persons providing courses, training programs or short courses; and (iv) the conferment of awards; and (e) to identify major vocational education, training and employment services issues and make recommendations to the Minister on policy directions; and (f) to ensure consistency in the nomenclature of awards granted to persons who have successfully completed vocational education and training; and

s 10 16 s 10 Vocational Education, Training and Employment Act 1991 (g) to confer with and, where it is considered necessary or desirable, extend recognition to other bodies within or outside the State on matters relating to vocational education, training and employment services; and (h) to undertake research in relation to the vocational education, training and employment system; and (i) to advise the Minister on curriculum policy formulation in relation to the vocational education and training system; and (j) to advise the Minister on capital work planning in relation to the vocational education and training system; and (k) to recognise vocational education and training establishments as approved training organisations; and (l) to advise the Minister on the most effective application of funds for the purpose of vocational education, training and employment services; and (m) to furnish to the Minister as soon as practicable after the end of each financial year a report of its work and activities and those of its standing committees during that financial year; and (n) to advise the Minister on such other matters as the Minister may refer to it; and (o) the commission’s functions mentioned in section 10 as the State training agency for Queensland under the National Statement; and (p) to perform the functions of an approving authority under— (i) the Workplace Relations Act 1997 ; or (ii) the Workplace Relations Act 1996 (Cwlth). ˙ Functions of commission in relation to ANTA 10.(1) The commission is the State training agency for Queensland under the National Statement. (2) In relation to ANTA, the functions of the commission are— (a) to advise ANTA about—

s 11 17 s 11 Vocational Education, Training and Employment Act 1991 (i) the development of vocational education and training policy; and (ii) the development of the National Strategic Plan; and (iii) the vocational education and training needs of the State; and (b) to consult with ANTA about the allocation of funds by the authority to the commission; and (c) to develop with ANTA a State Training Profile based on the planning parameters set by the Ministerial Council and the National Strategic Plan; and (d) to ensure vocational education and training is managed and delivered in accordance with the National Strategic Plan and the State Training Profile; and (e) to consult with ANTA to enable it to make recommendations to the Ministerial Council for the more effective and efficient delivery of vocational education and training; and (f) to provide information to ANTA to enable it to maintain national data on vocational education and training; and (g) to provide annual vocational education and training performance reports to ANTA; and (h) to perform other functions given under the National Statement to Queensland’s State training agency. ˙ Powers of commission 11. The powers of the commission are— (a) to engage a person (other than a member or employee of the commission) or a body of persons to conduct on the commission’s behalf any of its operations; and (b) to engage persons to advise it in respect of matters of an educational, administrative or technical nature; and (c) to produce and sell vocational education and training materials and services and to enter into an agreement with any person for those purposes; and

s 11A 18 Vocational Education, Training andEmployment Act 1991 s 12 (d) to exploit commercially any resources of the commission including any study, research or knowledge, or the practical application of any study, research or knowledge, developed by or within the commission or belonging (whether alone or jointly with any other person or body) to the commission; and (e) to make determinations and orders on all matters concerning recognition of vocational education and training establishments or categories of such training establishments as approved training organisations; and (f) to appoint such standing committees and subcommittees as it considers necessary to assist in the performance of its functions; and (g) to issue directions to members of a standing committee on matters of policy, the exercise of their respective powers and performance of their respective functions; and (h) to recognise and establish such industry advisory bodies as it considers necessary; and (i) to make rules as prescribed; and (j) to do all things necessary or convenient to be done for or in connection with the performance of its functions. ˙ Commission is statutory body 11A.(1) Under the Statutory Bodies Financial Arrangements Act 1982 , the commission is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the Commission’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . ˙ Chairperson may sign agreements for commission 12. The chairperson of the commission is empowered to sign agreements for and on behalf of the commission, if the commission has passed a resolution to enter into the agreement.

s 13 19 s 14 Vocational Education, Training and Employment Act 1991 ˙ Commission’s rules 13.(1) The commission, with the approval of the Minister, may make rules with respect to— (a) the accreditation of courses; and (b) the recognition of training programs and short courses; and (c) the recognition of vocational education and training establishments as approved training organisations; and (d) the registration of entities providing courses, training programs or short courses; and (e) fees payable for the matters mentioned in paragraphs (a) to (d); and (f) standing committees and subcommittees appointed under section 11. 2 (2) The rules are subordinate legislation. (3) All fees payable under rules made under subsection (1) are to be paid to and are the property of the corporation. ˙ Recognition of industry training advisory bodies 14.(1) The industry training advisory bodies are the principal source of advice to the commission in relation to matters concerning vocational education and training. (2) The commission may recognise and seek advice from such other bodies or persons in relation to matters concerning vocational education and training as it thinks fit. 2 Section 11 (Powers of commission)

s 15 20 s 16 Vocational Education, Training andEmployment Act 1991 Division 2—Standing committees of commission ˙ Constitution of State Training Council 15.(1) There is to be constituted as a standing committee of the commission a State Training Council consisting of— (a) a member of the commission nominated by the Minister, who is the chairperson of the council; and (b) 4 persons representing employers, of whom— (i) 1 at least is a member of an industry training advisory body; and (ii) another is an executive member of an industrial organisation of employers; and (iii) another is a person experienced in enterprise based training; and (c) 4 persons representing employees, of whom 1 at least is an executive member of an industry training advisory body; and (d) a person representing non-government vocational education and training; and (e) 2 officers of the department nominated by the chief executive; and (f) a nominee of the Commonwealth Minister responsible for vocational education and training. (2) The members of the State Training Council are to be appointed by the commission by industrial gazette notice. (3) The members of the State Training Council are to appoint from their number a deputy chairperson for a period, not exceeding the term of appointment of the appointee to the council, determined by the members and the appointee is the deputy chairperson of the council. ˙ Functions and powers of State Training Council 16.(1) The functions and powers of the State Training Council are— (a) to advise the commission on policy matters with respect to

s 17 21 s 17 Vocational Education, Training and Employment Act 1991 apprenticeship and traineeship training, other training systems and such other matters as the commission may refer to it; and (b) to determine the apprenticeship callings and occupations to which this Act should be applied; and (c) to make determinations and orders on all matters concerning apprentices and apprenticeships, trainees and traineeships and other persons and their training arrangements as authorised by or under this Act; and (d) to determine the entitlements to and, where appropriate, arrange the issue of certificates indicating the training undertaken and the qualifications of persons— (i) who complete courses of training approved by the State Training Council; or (ii) who satisfy the State Training Council, in such other manner as the State Training Council accepts, as to their entitlement to any such certificates; and (e) to administer training agreements; and (f) to appoint such subcommittees as it considers necessary to assist in the performance of its functions; and (g) to undertake such other activities as the commission may refer to it; and (h) to furnish to the commission such reports on its work and activities as are required by the commission. (2) The State Training Council has such powers as are incident to the proper performance by it of any of its functions under this Act. ˙ Constitution of State Planning and Development Council 17.(1) There is to be constituted as a standing committee of the Commission a State Planning and Development Council consisting of— (a) a member of the commission, nominated by the Minister, who is the chairperson of the council; and (b) 2 persons representing industry training advisory bodies; and

s 18 22 s 18 Vocational Education, Training and Employment Act 1991 (c) 2 persons representing industry or commerce; and (d) 2 persons representing industrial organisations of employees; and (e) a person representing non-government vocational education and training; and (f) 2 officers of the department nominated by the chief executive; and (g) a nominee of the Minister charged with the administration of the Education (General Provisions) Act 1989 ; and (h) a nominee of the Minister charged with the administration of the Industrial Development Act 1963 ; and (i) a nominee of the Commonwealth Minister responsible for vocational education and training. (2) The members of the State Planning and Development Council are to be appointed by the commission by industrial gazette notice. (3) The members of the State Planning and Development Council are to appoint from their number a deputy chairperson for a period, not exceeding the term of appointment of the appointee to the council, determined by the members and the appointee is the deputy chairperson of the council. ˙ Functions and powers of State Planning and Development Council 18.(1) The functions and powers of the State Planning and Development Council are— (a) to advise the commission regarding short and long-term plans to meet vocational education and training needs of the State; and (b) to advise the commission on priorities regarding the application of public sector funds to meet vocational education, training and employment service needs of the State; and (c) to coordinate information and advice obtained from various industry bodies; and (d) to work with industry bodies recognised by the commission to establish mechanisms for determining priorities for vocational education and training needs; and

s 19 23 s 19 Vocational Education, Training and Employment Act 1991 (e) to assess information on long-term needs and immediate priorities in any industry and to advise the commission accordingly; and (f) to advise the commission regarding the development of both public and private sector delivery of vocational education, training and employment services; and (g) to undertake such other activities as the commission may refer to it; and (h) to furnish to the commission such reports on its work and activities as are required by the commission. (2) The State Planning and Development Council has such powers as are incident to the proper performance by it of any of its functions under this Act. ˙ Constitution of Accreditation Council 19.(1) There is to be constituted as a standing committee of the commission an Accreditation Council consisting of— (a) a member of the commission nominated by the Minister, who is the chairperson of the council; and (b) the Commissioner for Training; and (c) a person drawn from the area of higher education; and (d) a person drawn from the area of senior secondary education nominated by the Minister charged with the administration of the Education (General Provisions) Act 1989 ; and (e) 2 persons representing industrial organisations of employers; and (f) 2 persons representing industrial organisations of employees; and (g) a person representing non-government provided vocational education and training; and (h) a person representing government provided vocational education and training; and (i) a nominee of the Commonwealth Minister responsible for

s 20 24 s 20 Vocational Education, Training and Employment Act 1991 vocational education and training. (2) The members of the Accreditation Council are to be appointed by the commission by industrial gazette notice. (3) The members of the Accreditation Council are to appoint from their number a deputy chairperson for a period, not exceeding the term of appointment of the appointee to the council, determined by the members and the appointee is the deputy chairperson of the council. ˙ Functions and powers of Accreditation Council 20.(1) The functions and powers of the Accreditation Council are— (a) to make decisions and orders about— (i) the accreditation of courses; and (ii) the recognition of training programs and short courses; and (iii) the registration of entities providing courses, training programs or short courses; and (b) to review accredited courses, recognised training programs and recognised short courses to ensure maintenance of standards and portability of awards; and (c) to administer a system of awards; and (d) to liaise about accreditation and recognition with— (i) other recognition bodies; and (ii) providers of secondary and higher education; and (iii) persons conducting vocational education and training establishments; and (e) to appoint such subcommittees as it considers necessary to assist in the performance of its functions; and (f) to undertake such other activities as the commission may refer to it; and (g) to furnish to the commission such reports on its work and activities as are required by the commission.

s 21 25 s 23 Vocational Education, Training and Employment Act 1991 (2) The Accreditation Council has such powers as are incident to the proper performance by it of any of its functions under this Act. ˙ Appointment of advisory committees 21. The Minister may establish committees to advise the Minister on any aspect of vocational education, training or employment. Division 3—General provisions relating to Commission and standing committees ˙ Term of appointment 22.(1) Appointment of a member of the commission or a standing committee is for a term of 3 years but if, by the expiry of that term, a successor has not been duly appointed the member continues in office, subject to this Act, for a period of 6 months or until a successor is duly appointed, whichever period is less. (2) The Governor in Council may at any time remove an appointed member of the commission from office, by industrial gazette notice. (3) The commission may at any time remove a member of a standing committee from office by industrial gazette notice. ˙ Vacancy in membership 23.(1) A vacancy occurs in the office of an appointed member of the commission or a standing committee if the member— (a) dies; or (b) resigns by signed writing delivered to the prescribed person; or (c) is absent, without leave of the commission or standing committee, as the case may be, first obtained and without reasonable excuse, from 3 consecutive ordinary meetings of the commission or standing committee of which meetings notice has been given to the member; or

s 24 26 s 24 Vocational Education, Training and Employment Act 1991 (d) ceases to be qualified as an appointed member of the commission or standing committee, as the case may be; or (e) is removed from office under section 22(2) or (3). (2) In subsection (1)— “prescribed person” means— (a) in the case of resignation of the chairperson of the commission—the Minister; (b) in the case of resignation of the chairperson of a standing committee—the chairperson of the commission; (c) in the case of resignation of any other member of the commission or a standing committee—the chairperson of the commission or standing committee, as the case may be. ˙ Filling casual vacancies 24.(1) If a vacancy occurs in the office of an appointed member of the commission or a standing committee during the term of the member’s appointment, appointment must be made as prescribed of a person of the relevant prescribed description to fill the vacancy. (2) A person appointed under subsection (1) holds office, subject to this Act, for the balance of the term of appointment of the predecessor in the office. (3) If the vacancy filled is in the office of a member who was the chairperson of the commission or deputy chairperson of the commission or a standing committee, the appointee to the vacancy is not such chairperson or deputy chairperson unless— (a) in the case of an office on the commission—the appointee is designated by the Governor in Council to be chairperson or deputy chairperson, as the case may be; (b) in the case of an office on a standing committee—the appointee is appointed by the members of the committee to be deputy chairperson.

s 25 27 s 27 Vocational Education, Training and Employment Act 1991 ˙ Manner of exercising power of Commission or standing committees 25.(1) The commission or a standing committee exercises a power or performs a function by majority vote of its members present at the meeting at which the exercise or performance is to occur. (2) A member who abstains from voting is to be taken to have voted for the negative. (3) The chairperson of the commission or a standing committee has a deliberative vote and, in the event of an equality of votes, a casting vote. ˙ Power of delegation by commission or standing committees 26.(1) The commission or a standing committee may delegate all or any of its powers to any appropriately qualified person 3 or other appropriate entity. (2) A standing committee must inform the commission as soon as is practicable after it has made or revoked a delegation. (3) In subsection (1)— “appropriate entity” means an entity that is constituted by, or employs, appropriately qualified persons. “appropriately qualified person” means a person with the qualifications, experience or standing appropriate to exercise the power. Example of standing— A person’s classification level in the public service. ˙ Meetings, quorum and business etc. of commission or standing committees 27.(1) Except to the extent that the regulations prescribe with respect to the following matters, the commission or a standing committee may determine— (a) the manner in which and by whom its meetings may be called; 3 Also amended 1997 No. 1 s 495 sch 4 (see Endnotes—List of annotations)

s 28 28 s 28 Vocational Education, Training and Employment Act 1991 and (b) the manner in which its meetings are to be conducted; and (c) the frequency of its meetings; and (d) the notice of its meetings to be given to its members and the manner of giving notice; and (e) the quorum for its meetings; and (f) the way in which its decisions are to be made; and (g) the manner in which and by whom its decisions are recorded and the procedure for the confirmation of the correctness of that record. (2) The chairperson of the commission or a standing committee must preside at every meeting of the commission or standing committee at which he or she is present and, in his or her absence, the deputy chairperson of the commission or standing committee, if he or she is present, must so preside. (3) If the chairperson and the deputy chairperson are both absent from a meeting, a member of the commission or standing committee, elected from among the members who are present, may preside at the meeting. ˙ Validity of proceedings 28. An action or a proceeding of the commission or a standing committee is not invalidated or prejudiced because, at the time the action was done or proceeding was taken— (a) there were vacancies in the membership of the commission or standing committee not exceeding one third of the whole number of members required to constitute the commission or standing committee; or (b) all of the members of the commission or standing committee were not present at the meeting at which the action was done or proceeding was taken; or (c) there is a defect in the qualification, appointment or membership of any member or members who joined in doing the action or taking the proceeding.

s 29 29 s 31 Vocational Education, Training and Employment Act 1991 ˙ Authentication of documents 29. Except as otherwise prescribed, a document made or issued by the commission or a standing committee for the purposes of this Act is sufficiently authenticated if it is made or, as the case may be, issued by the chairperson of the commission or standing committee. ˙ Remuneration to members of commission, standing committees and other committees 30.(1) Members of the commission, members of a standing committee or subcommittee of the commission or a subcommittee of a standing committee or other committee established under this Act are to be paid such fees, allowances and expenses (if any) as the Governor in Council determines for the time being. (2) A provision in any Act requiring the holder of a specified office to devote the whole of the holder’s time to the duties of that office or prohibiting the holder from engaging in employment outside the duties of that office does not disqualify the holder from holding that office and also the office of a member of the commission, a standing committee, or other committee or from accepting and retaining any fees, allowances or expenses payable to the member under this section. Division 4—Vocational Education, Training and Employment Corporation ˙ Chief executive is corporation sole 31.(1) The corporation sole constituted by the Minister under the repealed Act— (a) is preserved, continued in existence and constituted for the purposes of this Act; and (b) is called the Vocational Education, Training and Employment Corporation. (2) The corporation sole is constituted by the chief executive.

s 32 30 s 32 Vocational Education, Training and Employment Act 1991 (3) The corporation sole— (a) has perpetual succession and an official seal; and (b) is capable in law of— (i) suing and being sued; and (ii) acquiring, holding, leasing, letting, exchanging and disposing of property; and (iii) participating in forming corporations, and being a member or manager of any corporation or unincorporated body under section 34; 4 and (iv) forming or establishing, or participating in forming or establishing, any association, trust or other arrangement for any purpose calculated to further in any way the objects of this Act; and (v) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it; and (vi) accepting gifts, grants, bequests or devises and creating and administering trust funds; and (vii) doing and suffering all such other actions and things as bodies corporate may in law do and suffer. (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the official seal of the corporation affixed to a document and must presume that it was duly affixed until the contrary is proved. ˙ Chief executive subject to direction of the Minister 32.(1) In respect of matters of policy and in exercise of its powers, and performance of its functions, under this Act, the chief executive is subject to directions given to it in writing by the Minister and is to comply with such directions. (2) Directions given by the Minister in a financial year must be disclosed 4 Section 34 (Power of corporation to be a member of other bodies)

s 33 31 s 33 Vocational Education, Training and Employment Act 1991 in the annual report of the department prepared in relation to that financial year. ˙ Functions of corporation 33.(1) The functions of the corporation are— (a) to promote the creation of employment opportunities in the State; and (b) to work in cooperation with other government bodies and industry, commerce and community groups and persons on matters concerning vocational education, training and employment services; and (c) to develop and provide, and to promote the development and provision by others of, vocational education and training programs with a view to meeting the State’s need for a highly skilled and adaptable workforce; and (d) to provide, and to promote the provision by others of, programs appropriate to personal skills enrichment and recreation and leisure activities; and (e) to provide encouragement and opportunities for people to enter upon and to continue learning throughout their lives; and (f) to provide facilities or services for study, research, vocational education, training and employment services; and (g) to undertake consultancy or other services for commercial organisations, public bodies or individuals; and (h) to aid or engage in the development or promotion of research associated with vocational education, training and employment or the application or use of the results of such research; and (i) to prepare, publish, distribute or license the use of literary or artistic work, audio or audiovisual material or computer software; and (j) to exploit commercially any facility or resource of the corporation including any study, research or knowledge, or the practical application of any study, research or knowledge, developed by or

s 33A 32 Vocational Education, Training andEmployment Act 1991 s 34 belonging (whether alone or jointly with any other person or body) to the corporation; and (k) to seek or encourage gifts to or for the purpose of the corporation; and (l) to undertake research and development related to all or any of its functions; and (m) to pursue any other object or purpose not inconsistent with this Act, which the corporation considers appropriate. (2) The function specified in subsection (1)(k) does not extend to seeking or encouraging gifts in consideration of benefits to be conferred by the corporation. (3) If a gift is made to the corporation, details of the gift and of any condition to which it is subject must be recorded in a register of gifts kept by the corporation and held available for public inspection free of charge. ˙ Corporation is statutory body 33A.(1) Under the Statutory Bodies Financial Arrangements Act 1982 , the corporation is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the Corporation’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . ˙ Power of corporation to be a member of other bodies 34.(1) The corporation or a person authorised by it for the purpose— (a) may become and be a member or manager of any corporation or any unincorporated body that— (i) has among its objects vocational education, training and employment or research or any associated matter; or (ii) in the opinion of the corporation, is engaged in the furtherance of vocational education, training or employment; and

s 35 33 s 37 Vocational Education, Training and Employment Act 1991 (b) may enter into agreements with any corporation, body or person in respect of any of those objects. (2) Nothing in subsection (1)(a) is to be construed as empowering the corporation to assume membership or management of any corporation or unincorporated body except pursuant to agreement with its governing body. (3) The corporation or its nominee may be a member of the governing body of any corporation or unincorporated body of which it, or the nominee, is a member or manager. (4) The corporation may incur expenditure for contributions or other liability that membership of a corporation or unincorporated body entails. ˙ Returns to be furnished as required 35. A corporation in whose formation the corporation has participated, and a corporation or unincorporated body of which the corporation, or its nominee, is a member or manager must furnish to the Minister reports, returns and information as to its affairs required by the Minister from time to time. ˙ Use of facilities and staff 36. The corporation may contract, or enter into an arrangement, with any person or body for the use by that person or body of the facilities and staff available to the corporation. ˙ Power to continue and establish State colleges 37. The corporation may— (a) continue and maintain all State colleges in existence at the commencement of this Act; and (b) establish and maintain such State colleges as it considers necessary or desirable for the purposes of this Act.

s 38 34 s 38 Vocational Education, Training and Employment Act 1991 ˙ Powers incident to maintaining State colleges 38.(1) For maintaining State colleges, the chief executive may make provision for, or rules with respect to, any of the following matters— (a) management and conduct of State colleges and the powers and duties of persons engaged in conducting such colleges or any part of them; (b) production and sale of vocational education and training materials, services for vocational education and training and the making of agreements with persons in respect of such materials or services; (c) courses to be offered and services to be provided in State colleges; (d) exploitation commercially of facilities and resources of the chief executive (including studies, research and knowledge and the practical application of them) developed by the chief executive, or belonging (whether alone or jointly with any other person or body) to the chief executive; (e) effectual use of property, apparatus and appliances of State colleges for vocational education and training; (f) establishment of facilities designed to support provision of vocational education and training and conditions on which such facilities may be used; (g) establishment and conduct of research and consultancy centres and the affiliation of a State college with an educational or research establishment; (h) use of State colleges’ premises, property, apparatus, facilities and materials for purposes other than vocational education and training; (i) conditions for enrolment and obtaining instruction in State colleges other than the payment of fees; (j) attendance of students at State colleges and exclusion and expulsion of students or any other persons from State colleges; (k) assessment of students and granting of academic awards;

s 39 35 s 39 Vocational Education, Training and Employment Act 1991 (l) establishment and conduct of student organisations; (m) disciplinary penalties for breaches of rules applicable in State colleges; (n) enforcement of occupational health and safety conditions considered by the chief executive to be necessary; (o) other matters associated with or relevant to the maintenance of State colleges or the provision of vocational education and training considered by the chief executive to be appropriate. (2) A rule is subordinate legislation. ˙ Trespass on State colleges 39.(1) A person must not be on premises comprising a State college except with lawful authority or excuse. Maximum penalty—40 penalty units. (2) A person found on premises in contravention of subsection (1), who fails to comply with a request to leave the premises, may be removed from the premises by— (a) the director of the State college concerned or a person authorised by the director; or (b) a police officer; using such reasonable force as is necessary for the purpose. (3) The director, authorised person or police officer may require a person found contravening subsection (1) to state in full details of the person’s name and the address of his or her place of residence and, if it is suspected on reasonable grounds that a name or address stated is not correct, to produce evidence of the correctness of the person’s name or place of residence. (4) A police officer exercising power under this section is acting in execution of duty.

s 40 36 s 43 Vocational Education, Training and Employment Act 1991 ˙ Production and sale of materials and services 40.(1) The corporation may produce and sell vocational education and training materials and services and may make agreements with any persons for those purposes. (2) The corporation is not empowered to prescribe or require the use of materials or services produced under subsection (1) in any place other than a State college. ˙ Power of delegation by corporation 41. The corporation may delegate all or any of its powers under this Act to any person. Division 5—Trusts, gifts and fees ˙ Approved scheme 42. In this division— “approved scheme” means a scheme prepared under section 43(1) and approved by the Minister. ˙ Variation of trust purposes 43.(1) If property is held by or for the commission or corporation, at the commencement of this Act or at any later time, on terms requiring the property or income from the property to be applied to any purpose and— (a) the purpose has been effected; or (b) the purpose has ceased to exist; or (c) the purpose has been adequately provided for otherwise; or (d) the purpose is uncertain or insufficiently defined or cannot be identified; or (e) it is or becomes impossible, impracticable or inexpedient to carry out the purpose; or

s 44 37 s 44 Vocational Education, Training and Employment Act 1991 (f) the property or income from the property is inadequate to carry out the purpose; the commission or corporation, as the case may be, may, subject to this section, cause to be prepared a scheme by which the property or any part of it or the income from the property will be applied to a purpose designated in the scheme. (2) A scheme prepared under subsection (1) must be submitted to the Minister and is of no effect unless it is approved by the Minister. (3) Immediately on the Minister approving of a scheme the approved scheme must be published in the industrial gazette. (4) When an approved scheme takes effect in relation to property, the property or income from the property, according as the scheme provides— (a) is not to be applied to the purpose for which it was held immediately before the approved scheme took effect; and (b) is to be applied to the purpose designated in the approved scheme. (5) It is not competent for the commission or corporation to cause a scheme to be prepared under subsection (1) if an instrument of trust under which property is held on trust provides for the consequences to ensue upon the happening of the events that have occurred. ˙ Amendment of approved scheme 44.(1) The commission or corporation may amend an approved scheme by submitting the desired amendment to the Minister. (2) An amendment of an approved scheme is of no effect unless it is approved by the Minister. (3) On an amendment being approved by the Minister— (a) the amendment as approved must be published in the industrial gazette; and (b) the approved scheme, amended in accordance with the amendment as approved, becomes the approved scheme in relation to the property to which it relates, or to the part of that property to which the approved scheme as so amended relates.

s 45 38 s 46 Vocational Education, Training and Employment Act 1991 ˙ Requirement for schemes 45.(1) In selecting a purpose to be designated in a scheme prepared under section 43(1), 5 or in an amendment of an approved scheme, the commission or corporation is to select a purpose that in its opinion is as nearly similar to the purpose for which the property in question is held by or for it immediately before the scheme’s preparation or amendment as is consistent with— (a) usefulness of purpose; and (b) convenient realisation. (2) The fact that any purpose other than one selected by the commission or corporation might have been selected, or should have been selected, in connection with any scheme is not to be adjudged sufficient reason— (a) to declare invalid or defective the selection made by the commission or corporation; or (b) to prevent the carrying out of the purpose selected by the commission or corporation. ˙ Recording schemes in land register 46.(1) If property to which an approved scheme, or an amendment of an approved scheme, relates consists wholly or partly of land, within 1 month following publication of the approved scheme or amendment in the industrial gazette the commission or corporation must notify the Registrar of Titles or other person charged by law with recording dealings in respect of the land of the approved scheme or amendment. (2) On receipt of the notification and of a request by or on behalf of the commission or corporation in acceptable form, the registrar or other person is to cause to be made in the appropriate register all such entries as are necessary to record the existence of the approved scheme or the amendment. 5 Section 43 (Variation of trust purposes)

s 47 39 s 52 Vocational Education, Training and Employment Act 1991 ˙ Rights and jurisdiction in equity not affected 47. Except as is otherwise prescribed by this division, the provisions of this division do not affect— (a) rights, entitlements and obligations conferred or imposed by law in respect of property held on trust; or (b) the jurisdiction of a court to enforce, or declare with respect to, trusts. ˙ Disposal of moneys 48. All fees and other moneys received under authority of this Act are to be applied to the purposes of this Act. Division 6—Employment of staff and other persons ˙ Commission employees etc. employed under Public Service Act 49.(1) The commission may employ persons and engage training and welfare consultants for this Act. (2) A person may be employed as both a training consultant and a welfare consultant. (3) The persons and consultants are to be employed under the PublicService Act 1996. Division 7—State college councils ˙ Establishment and constitution of councils 52.(1) In this section— “officer” of a State college means an officer of the public service employed at the State college. (2) A college council must be established for each State college in the way decided by the Minister.

s 52 40 s 52 Vocational Education, Training and Employment Act 1991 (3) Subject to any variation therein directed by the Minister, a State college council consists of— (a) the director, who is a member ex officio and is executive officer of the council; and (b) an officer of the department nominated by the chief executive; and (c) an officer of the Commonwealth department responsible for vocational education and training nominated by the chief officer of the Commonwealth department in the State; and (d) an officer of the State college nominated by the staff; and (e) a student representative nominated by the student body recognised by the director as representing the students enrolled at the college; and (f) a person nominated by an industrial organisation of employers, selected by the director; and (g) a person representing industrial organisations of employees, nominated by the Trades and Labor Council of Queensland; and (h) the chairperson for the time being of any campus council associated with the State college, who is a member ex officio; and (i) a person drawn from the area of general education, nominated by the Minister for Education; and (j) a number of persons, not exceeding 8, as representing— (i) industry; (ii) commerce; (iii) industrial organisations of employees; (iv) local government; (v) general education; (vi) the community at large; nominated by the director; and (k) a number of persons, not exceeding 3, as representing industries in the region in which the State college is situated, nominated by

s 53 41 s 53 Vocational Education, Training and Employment Act 1991 the relevant industry training advisory bodies. (4) Directions given by the Minister in any financial year must be disclosed in the annual report of the department prepared in relation to that financial year. ˙ Functions of State college council 53. The functions of a State college council are— (a) at the college level— (i) to consult with and advise the director on all matters pertaining to the policy and direction of the State college, including— (A) the strategic direction of the college and its profile of services to be offered for inclusion in the college development plan, commitment plan and financial estimates; and (B) priorities of courses and activities; and (C) identification of ongoing and emerging needs in vocational education and training in the community; and (D) physical and human resources to provide courses and activities; and (E) the need for review and development of services to students; and (F) the relevance of college curricula; and (G) joint ventures with industry, commerce and the community; and (ii) to assist the director, where appropriate, in any review, negotiation or other process in relation to any matter referred to in subparagraph (i); and (iii) if required by the director to do so— (A) to assist the director in assessment of overall student

s 53 42 s 53 Vocational Education, Training and Employment Act 1991 performance; and (B) to assist in college staffing by participating in selection panels; and (C) to assist in college operations by providing representation on college committees; and (D) to participate in college procedures for determining appeals by students against assessment, exclusion or discipline; and (iv) to provide a means of communication and information between the college and the community; and (v) in consultation with industry training advisory bodies, to encourage the establishment of local industry advisory committees; and (vi) to advise in relation to appointment of the director, if requested to do so by the chief executive; and (vii) to establish subcommittees, and arrange for assistance as required, to assist the council in performance of its functions; and (b) at the regional level—to advise or inform management in the region as to— (i) regional needs; and (ii) initiatives, strategies, networks and cooperative endeavours between the college and other regional institutions or bodies; with a view to improving regional economic development by making the most effective use of resources available for vocational education, training and employment services; and (c) at the State level— (i) to inform the commission on council’s view of— (A) existing commission policies relating to vocational education, training and employment; and (B) future policy directions proposed by the commission; and

s 54 43 s 57 Vocational Education, Training and Employment Act 1991 (ii) to identify issues related to vocational education, training and employment which need to be considered by the commission; and (iii) to advise the commission as to ways and means of improving the service delivery of the network of State colleges and the operations of State college councils. ˙ Appointment of members 54.(1) The members of a State college council, other than a member ex officio, are to be appointed by the Minister. (2) Appointment of a member of a State college council is for a term of 3 years but if, by the expiry of that term, a successor has not been duly appointed the member continues in office, subject to this Act, for a period of 6 months or until a successor is duly appointed, whichever period is less. ˙ Removal of members 55. A member of a State college council, other than a member ex officio, may be removed from office at any time by the Minister, by written notice given to the member. ˙ Chairperson, deputy chairperson 56. The members of a State college council are to appoint from their number a chairperson and a deputy chairperson for a period, not exceeding the term of appointment of the appointee to the council, directed by the Minister or, if there be no direction by the Minister, determined by the members, and the appointee is the chairperson or deputy chairperson of the council. ˙ Vacancy in membership 57. A vacancy occurs in the office of an appointed member of a State college council if the member— (a) dies; or

s 58 44 s 60 Vocational Education, Training and Employment Act 1991 (b) resigns by signed writing delivered to the director; or (c) is absent, without leave of the council first obtained and without reasonable excuse, from 3 consecutive ordinary meetings of the council of which meetings notice has been given to the member; or (d) is removed from office as prescribed. ˙ Filling casual vacancies 58.(1) If a vacancy occurs in the office of an appointed member of a State college council during the term of the member’s appointment, the Minister may appoint a person to fill the vacancy. (2) A person appointed under subsection (1) holds office, subject to this Act, for the balance of the term of appointment of the predecessor in the office. Division 8—ANTA ˙ Conferral of functions on ANTA in relation to State 59. ANTA has the functions, in relation to the State, that are expressed to be conferred on it by the ANTA Act. ˙ Powers of ANTA in State 60.(1) In this State, ANTA has power to do all things in the performance of the functions, and may exercise the powers, expressed to be conferred on it by— (a) this Act; or (b) the ANTA Act; or (c) the law of another State or a Territory corresponding to this Act. (2) In this State, ANTA also has power to do all things necessary or convenient to be done in the performance of the functions expressed to be conferred on it by the laws mentioned in subsection (1).

s 61 45 s 61 Vocational Education, Training and Employment Act 1991 (3) This section is in addition to, and does not limit, another law of the Commonwealth, a State or a Territory that confers power on ANTA. PART 3—TRAINING ADMINISTRATION Division 1—Vocational education and training establishments ˙ Recognition of vocational education and training establishments as approved training organisations 61.(1) The commission may require such vocational education and training establishments, or categories of such establishments, as are notified from time to time in the industrial gazette to be recognised as approved training organisations in accordance with this section. (2) The person responsible for the conduct and management of a vocational education and training establishment in respect of which, or of a category in respect of which, a notification has been published under subsection (1) must make application to have the vocational education and training establishment recognised as an approved training organisation and when it is so recognised must keep the establishment so recognised. (3) A person responsible for the conduct and management of a vocational education and training establishment may voluntarily apply to have that establishment recognised by the commission as an approved training organisation. (4) Every application for recognition under this section— (a) must be made to the chairperson of the commission in a form determined by the commission; and (b) must contain such particulars as are determined by the commission; and (c) must be accompanied by the prescribed fee. (5) The commission must consider each application and may grant or refuse it.

s 62 46 s 62 Vocational Education, Training and Employment Act 1991 (6) If the commission grants an application, it must issue a certificate of recognition to the applicant. (7) A certificate of recognition issued under this section— (a) must be in a form determined by the commission and contain such particulars as are determined by the commission; and (b) is in force for the period specified by the commission in the certificate unless sooner cancelled or suspended; and (c) is subject to such terms, conditions or restrictions as are specified by the commission in the certificate; and (d) authorises the holder to do such actions and things as are specified by the commission in the certificate; and (e) may be transferred, surrendered or renewed; and (f) may be amended, altered, varied or modified by the commission. (8) The commission must establish and maintain a register of vocational education and training establishments recognised as approved training organisations under this Act. (9) The register is to be in such form and contain such particulars as are determined by the commission. ˙ Renewal of certificate 62.(1) The holder for the time being of a certificate of recognition of an approved training organisation may apply to have the certificate renewed in accordance with this section. (2) An application for renewal of recognition— (a) must be made to the chairperson of the commission in a form determined by the commission; and (b) must contain such particulars as are determined by the commission; and (c) must be accompanied by the prescribed fee. (3) The commission must consider each application for renewal and may grant or refuse it.

s 63 47 s 65 Vocational Education, Training and Employment Act 1991 (4) If the commission grants an application for renewal, it must cause written notification to be given to the applicant together with written notification of— (a) the period of renewal; and (b) the terms, conditions and restrictions (if any) imposed by it on the renewal. ˙ Notification of refusal of application 63. If the commission refuses an application for a certificate under section 61 6 or an application for renewal of a certificate under section 62 7 it must cause written notification to be given to the applicant together with written notification of the reasons for its refusal. ˙ Conduct of unrecognised establishment required to be recognised 64. After the expiry of 60 days following publication of a notification under section 61(1) a person must not conduct a vocational education and training establishment in respect of which, or of a category in respect of which, the notification was published, if there is not in force in respect of the establishment a certificate of recognition issued under section 61. Maximum penalty—40 penalty units. ˙ Cancellation or suspension of recognition as approved training organisation 65.(1) The commission may cancel or suspend for any period a certificate of recognition under section 61 if— (a) the certificate was issued in error or granted in consequence of a false or misleading document, statement or representation; or (b) the holder is convicted of an offence against this Act or 6 Section 61 (Recognition of vocational education and training establishments as approved training organisations) 7 Section 62 (Renewal of certificate)

s 66 48 s 66 Vocational Education, Training and Employment Act 1991 contravenes any term, condition or restriction of the certificate; or (c) there has been a substantial change in the establishment to which the certificate relates since its issue; or (d) for any reason the commission is of the opinion that the holder is not a fit and proper person to hold it. (2) The power to cancel or suspend a certificate of recognition includes power to cancel or suspend the certificate wholly or partly. (3) A lawful cancellation or suspension of a certificate of recognition does not give rise to a right to compensation. (4) The holder of a certificate of recognition that is cancelled or suspended must deliver the certificate to the chairperson of the commission within 7 days following demand made on the holder therefor. Maximum penalty—40 penalty units. (5) If a person convicted of an offence against this Act that consists in a failure to comply with subsection (4) fails to deliver the certificate to the chairperson of the commission within 14 days following the conviction, that person commits a continuing offence, which may be charged in 1 complaint, from time to time, in respect of any period, and is liable to a penalty not exceeding 2 penalty units for each day during which the failure continues. ˙ Offence re advertising vocational education and training establishment or program 66.(1) In this section— “vocational education and training establishment” includes a State college. (2) A person who— (a) publishes in the State; or (b) in the State, does any action or takes any step to cause to be published outside the State; any advertisement or statement relating to—

111 Vocational Education, Training and Employment Act 1991 SCHEDULE (continued) 18. The ANTA will also prepare, for the Ministerial Council’s consideration, advice on the triennial planning parameters focussing on the following program year. 19. The States and the Commonwealth will jointly fund the vocational education and training system through the ANTA (subject to any State’s decision to hand over responsibility to the Commonwealth). States will maintain (and in some cases lift) their current effort, as outlined below. The Commonwealth will fund growth for the sector on a continuing basis and, for 1993–95, provide funding as outlined in One Nation. The ANTA will provide information and advice to the Ministerial Council to assist the Commonwealth Minister to make decisions on growth funding levels. 20. The Ministerial Council will amend and/or approve the National Strategic Plan and the planning parameters. 21. The Ministerial Council will return the approved National Strategic Plan and the planning parameters to the ANTA for use in the development of detailed planning profiles in conjunction with each State training agency. 22. Following Budget decisions, the Ministerial Council will provide the ANTA with advice on the quantum of funds available. It will also transmit the principles to be applied by ANTA to determine the allocation of funds across the States. 23. State training agencies will develop in conjunction with the ANTA detailed State Training Profiles based on the National Strategic Plan and consistent with the planning parameters. 24. The ANTA will advise the Ministerial Council on the agreement or otherwise which has been reached in the development of the State Profile and remit the State Profile to the Ministerial Council. 25. Where the ANTA and the State training agency cannot reach agreement about the profile, the matter will be referred to the Ministerial Council for resolution. 26. Once approved by the Ministerial Council, the planning profile will be implemented. 27. State training agencies will have responsibility for implementation of

112 Vocational Education, Training and Employment Act 1991 SCHEDULE (continued) approved State Training Profiles within their borders. 28. Within the scope of the ANTA’s responsibilities, training programs and services will be managed through State training agencies except for programs agreed by the Ministerial Council as requiring national delivery which would be administered by the ANTA within guidelines approved by the Ministerial Council. 29. Each State training agency will provide annually to the ANTA a report on performance in an agreed format and ANTA will provide an annual integrated Report to the Ministerial Council for tabling in respective Parliaments. Funding arrangements 30. Except where a State relinquishes financial responsibility, States will pass to the ANTA an amount equal to their own-source State funding for vocational education and training. An equal amount will be returned to respective States and Territories along with the Commonwealth funds as specified in paragraphs 32 and 33. 31. States will at least maintain their effort for vocational education and training on an ongoing basis. The Commonwealth and States are committed to the development of agreed outcomes measures of effort for agreement by the commencement of 1993. Pending such agreement being reached and agreement to a timetable for subsequent implementation, States will maintain 1992 effort in real terms. On the basis of an early move to measure the vocational education and training system in each State on an outcome basis, any State which is demonstrably underachieving would agree to increase its effort to an agreed level in outcome terms. In the interim there may be agreed arrangements for those States to increase their funding contributions. 32. The Commonwealth will maintain its current level of financial support for vocational education and training under States Grants arrangements, plus the $100 m in TAFE recurrent funding provided in the Economic Statement of November 1991 which will be distributed under existing arrangements.

113 Vocational Education, Training and Employment Act 1991 SCHEDULE (continued) 33. The Commonwealth will provide growth funding on a continuing basis, including the $70 m nationally in each year of the 1993–95 triennium as announced in One Nation. All growth funding for calendar 1993 will be allocated on a proportional basis in accordance with relevant population shares. For 1994 and 1995, 80% of cumulative growth funds (ie, $112 m in 1994 and $168 m in 1995) will be allocated on the same basis, with the balance to be allocated by the Ministerial Council on the recommendation of ANTA having regard to assessed performance against agreed objectives and other relevant factors. 34. The funds described in paragraphs 32 and 33 will be passed to the ANTA, for on passing to State training agencies or to other parties as appropriate in the case of agreed national projects. For any given year, pending the agreement by the Ministerial Council regarding the State Profile, the State training agency will continue to operate on the basis of the funds and profile agreed for the previous year. When agreement is reached the growth provisions prescribed in paragraph 33 will obtain. 35. All States will share in growth funds according to principles established by the Ministerial Council except insofar as the circumstances outlined in paragraph 34 would prevent a State or Territory accessing growth funds for a particular year. 36. To the maximum extent possible, Commonwealth government-funded training programs should be funded through ANTA arrangements. Existing Commonwealth programs should be allocated on a functional basis in accordance with a set of guiding principles. Under those principles: • the Commonwealth would retain responsibility for those programs which: — cover employment and migration and relate directly to its own areas of responsibility; — provide income support to individuals or training subsidies to employers; — are counter-cyclical in nature; or — provide training opportunities to client groups for which the

114 Vocational Education, Training and Employment Act 1991 SCHEDULE (continued) Commonwealth has a special responsibility (eg, Aboriginals); • State governments would assume responsibility for those programs which relate directly to their own responsibilities for the regulation and delivery of training and which do not have a broader national purpose; • furthermore ANTA should be advised on Commonwealth labour market programs and report on their impact on national vocational education and training policy and on State Training Profiles; • all general recurrent and capital grants to TAFE currently provided under States Grants (TAFE Assistance) legislation would be passed to ANTA under the arrangements set out at paragraph 34 above. In addition, ANTA would assume responsibility for programs which support training activities and services which are national in scope and purpose (this includes after its establishment the national aspects of the new Australian Vocational Certificate Training System); and provide operating support for the national Industry Training Advisory Body (ITAB) network; • existing arrangements would continue to apply in relation to the National Training Board, and the National Centre for Vocational Education Research which would report to the Ministerial Council. The Commonwealth and the States remain committed to improvements in coordination and planning arrangements for the training elements of labour market programs, consistent with the MOVEET resolutions of August 1991 and June 1992. The role of ANTA in this respect will need to be developed and this and any other matters which are left unresolved by the provisions of paragraph 36 should be resolved before 1 September 1992. 37. Subject to paragraph 38, if a State(s) were to relinquish financial responsibility for vocational education and training (by way of an adjustment to its FAGs) but others do not, there would be no disturbance to

115 Vocational Education, Training and Employment Act 1991 SCHEDULE (continued) the determination of per capita relativities by the Commonwealth Grants Commission. That is, the following principles would apply • that vocational education and training continue to form part of the fiscal equalisation process • any recurrent Commonwealth own purpose outlays (replacing former State outlays) should be treated as notional SPPs in the State where the expenditure occurs • such notional SPPs should be treated by the inclusion approach. 38. Grants Commission treatment would have to be kept under review by the Premiers’ Conference in the light of the number of States relinquishing financial responsibility. 39. A State that relinquishes funding responsibility for vocational education and training would retain its voting rights on the Ministerial Council. 40. This agreement comes into force on 1 January 1994. Transitional arrangements, including provision for an interim board of the ANTA, will be determined by the Ministerial Council by 1 September 1992. The agreement will be subject to review before the end of 1995.

116 Vocational Education, Training and Employment Act 1991 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 2 October 1998. Future amendments of the Vocational Education, Training and Employment Act 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

117 Vocational Education, Training and Employment Act 1991 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 12 of 1994 21 April 1994 1A to Act No. 87 of 1994 10 July 1996 1B to Act No. 1 of 1997 2 May 1997 1C to Act No. 1 of 1997 4 July 1997 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Corrected minor errors Renumbered provisions Reprint No. 1 1

118 Vocational Education, Training and Employment Act 1991 ´ 6 List of legislation Vocational Education, Training and Employment Act 1991 No. 43 date of assent 5 August 1991 ss 1–2 commenced on date of assent remaining provisions commenced 28 October 1991 (1991 SL No. 101) as amended by— Statute Law (Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 1 date of assent 17 December 1991 commenced on date of assent (see s 2) Vocational Education, Training and Employment Amendment Act 1993 No. 81 date of assent 17 December 1993 ss 1–2 commenced on date of assent remaining provisions commenced 28 January 1994 (1994 SL No. 16) Industrial Relations Reform Act 1994 No. 12 pts 1, 4 date of assent 31 March 1994 commenced on date of assent Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch 2 date of assent 1 December 1994 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Education (School Curriculum P–10) Act 1996 No. 65 ss 1–2, 52 sch 2 date of assent 9 December 1996 commenced on date of assent Workplace Relations Act 1997 No. 1 ss 1–2, 495 sch 4 date of assent 14 February 1997 ss 1–2 commenced on date of assent remaining provisions commenced 27 March 1997 (1997 SL No. 77) ´ 7 List of annotations Objects s 3 amd 1993 No. 81 s 4

119 Vocational Education, Training and Employment Act 1991 Interpretation s 4 def “accredit” om 1993 No. 81 s 5(1) def “accreditation” ins 1993 No. 81 s 5(2) def “accredited course” sub 1991 No. 97 s 3 sch 1 om 1993 No. 81 s 5(1) def “ANTA” ins 1993 No. 81 s 5(2) def “ANTA Act” ins 1993 No. 81 s 5(2) def “apprentice” sub 1993 No. 81 s 5 def “apprenticeship” ins 1993 No. 81 s 5(2) def “apprenticeship calling” sub 1993 No. 81 s 5 def “approved training organisation” ins 1993 No. 81 s 5(2) def “approved training scheme” ins 1993 No. 81 s 5(2) def “award” ins 1993 No. 81 s 5(2) def “award or industrial agreement” om 1993 No. 81 s 5(1) def “chief executive” ins 1993 No. 81 s 5(2) def “commencement of this Act” om 1993 No. 81 s 5(1) def “course” ins 1993 No. 81 s 5(2) def “Director-General” om 1993 No. 81 s 5(1) def “eligible apprentice” om 1993 No. 81 s 5(1) def “eligible trainee” om 1993 No. 81 s 5(1) def “indenture” om 1993 No. 81 s 5(1) def “industrial award or industrial agreement” ins 1993 No. 81 s 5(2) om 1997 No. 1 s 495 sch 4 def “industrial award” ins 1997 No. 1 s 495 sch 4 def “industrial inspector” ins 1997 No. 1 s 495 sch 4 def “industrial instrument” ins 1997 No. 1 s 495 sch 4 def “industrial organisation” sub 1997 No. 1 s 495 sch 4 def “Ministerial Council” ins 1993 No. 81 s 5(2) def “National Statement” ins 1993 No. 81 s 5(2) def “National Strategic Plan” ins 1993 No. 81 s 5(2) def “ratification” om 1993 No. 81 s 5(1) def “recognition” ins 1993 No. 81 s 5(2) def “registration” ins 1993 No. 81 s 5(2) amd 1996 No. 65 s 52 sch 2; 1997 No. 1 s 495 sch 4 (amdt inoperative as previous amdt already made relevant changes) def “short course” ins 1993 No. 81 s 5(2) def “State Training Profile” ins 1993 No. 81 s 5(2) def “traineeship” ins 1993 No. 81 s 5(2) def “training agreement” sub 1993 No. 81 s 5 def “training program” ins 1993 No. 81 s 5(2) Membership of commission s 7 amd 1993 No. 81 s 6 Functions of commission s 9 amd 1993 No. 81 ss 7, 3 sch; 1997 No. 1 s 495 sch 4 Functions of commission in relation to ANTA s 10 ins 1993 No. 81 s 8

120 Vocational Education, Training and Employment Act 1991 Powers of commission s 11 amd 1993 No. 81 s 9 Commission is a statutory body s 11A ins 1996 No. 54 s 9 sch Commission’s rules s 13 amd 1993 No. 81 s 10; 1996 No. 65 s 52 sch 2; 1997 No. 1 s 459 sch 4 (amdt inoperative as previous amdt already made relevant change) Constitution of State Training Council s 15 amd 1993 No. 81 s 3 sch Functions and powers of State Training Council s 16 amd 1993 No. 81 s 3 sch Constitution of State Planning and Development Council s 17 amd 1993 No. 81 s 3 sch Constitution of Accreditation Council s 19 amd 1993 No. 81 s 3 sch Functions and powers of Accreditation Council s 20 amd 1993 No. 81 s 11; 1996 No. 65 s 52 sch 2; 1997 No. 1 s 495 sch 4 (amdt inoperative as previous amdt already made relevant change) Time for constitution of commission or standing committees s 2.16 om 1993 No. 81 s 3 sch Term of appointment s 22 amd 1993 No. 81 s 3 sch Power of delegation by commission or standing committees s 26 amd 1996 No. 65 s 52 sch 2; 1997 No. 1 s 495 sch 4 (amdt inoperative as previous amdt already made relevant change) Meetings, quorum and business etc. of commission or standing committees s 27 amd 1993 No. 81 s 3 sch Remuneration to members of commission, standing committees and other committees s 30 amd 1993 No. 81 s 3 sch Chief executive is corporation sole prov hdg sub 1993 No. 81 s 3 sch s 31 amd 1993 No. 81 s 3 sch Chief executive subject to direction of the Minister prov hdg amd 1993 No. 81 s 3 sch s 32 amd 1993 No. 81 s 3 sch Corporation is statutory body s 33A ins 1996 No. 54 s 9 sch Powers incident to maintaining State colleges s 38 amd 1993 No. 81 s 3 sch

121 Vocational Education, Training and Employment Act 1991 Trespass on State colleges s 39 amd 1993 No. 81 s 3 sch Recording schemes in land register s 46 amd 1993 No. 81 s 3 sch Provision for payment of fees s 2.43 om 1993 No. 81 s 3 sch Commission employees etc. employed under Public Service Act s 49 sub 1996 No. 37 s 147 sch 2 Engagement of other persons s 50 om 1996 No. 37 s 147 sch 2 Appointment of training or welfare consultants s 51 om 1996 No. 37 s 147 sch 2 Establishment and constitution of councils s 52 amd 1993 No. 81 s 12 Functions of State college council s 53 amd 1993 No. 81 s 3 sch Division 8—ANTA div hdg ins 1993 No. 81 s 13 Conferral of functions on ANTA in relation to State s 59 ins 1993 No. 81 s 13 Powers of ANTA in State s 60 ins 1993 No. 81 s 13 Conduct of unrecognised establishment required to be recognised s 64 amd 1993 No. 81 s 3 sch Cancellation or suspension of recognition as approved training organisation prov hdg sub 1993 No. 81 s 3 sch s 65 amd 1993 No. 81 s 3 sch Offence re advertising vocational education and training establishment or program s 66 amd 1993 No. 81 ss 14, 3 sch Control over matters about the conferring of awards s 67 sub 1993 No. 81 s 15 amd 1996 No. 65 s 52 sch 2; 1997 No. 1 s 495 sch 4 (amdt inoperative as previous amdt already made relevant change) Division 2—Approved training schemes div hdg sub 1993 No. 81 s 16 Approved training schemes s 68 sub 1993 No. 81 s 16

122 Vocational Education, Training and Employment Act 1991 Prohibition of premium for training scheme s 69 sub 1993 No. 81 s 16 Training agreements s 70 sub 1993 No. 81 s 16 Trainee probation s 71 sub 1993 No. 81 s 16 Amendment of training agreement s 72 sub 1993 No. 81 s 16 Period of training scheme s 73 sub 1993 No. 81 s 16 Temporary assignment of trainee s 74 sub 1993 No. 81 s 16 Trainees attendance at courses of instruction s 75 sub 1993 No. 81 s 16 Trainee or apprentice not required to be member of industrial organisation of employees s 76 sub 1993 No. 81 s 16 Minimum qualifications for apprenticeships s 77 sub 1993 No. 81 s 16 Restrictions on employing persons under 21 in an apprenticeship calling s 78 sub 1993 No. 81 s 16 Employer’s entitlement to apprentice s 79 sub 1993 No. 81 s 16 Apprentice must be paid for course time s 80 sub 1993 No. 81 s 16 Certificate after completion of apprenticeship s 3.21 om 1993 No. 81 s 16 Apprentice not required to be member of industrial organisation of employees s 3.22 om 1993 No. 81 s 16 Division 3—Traineeships div hdg om 1993 No. 81 s 16 Training schemes s 3.23 om 1993 No. 81 s 16 Prohibition of premium in respect of traineeship s 3.24 om 1993 No. 81 s 16 Registration and approval of trainees s 3.25 om 1993 No. 81 s 16 Register of trainees s 3.26 om 1993 No. 81 s 16

123 Vocational Education, Training and Employment Act 1991 Probationers s 3.27 om 1993 No. 81 s 16 Training agreement s 3.28 om 1993 No. 81 s 16 Completion of traineeship s 3.29 om 1993 No. 81 s 16 Attendance at classes s 3.30 om 1993 No. 81 s 16 Pre-apprenticeship, pre-vocational and full-time institutional training s 81 amd 1993 No. 81 s 3 sch Recognition of work or training s 82 amd 1993 No. 81 s 3 sch Fixing of wages payable to trainees s 83 (prev s 3.38) renum 1993 No. 81 s 3 sch amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Superannuation entitlements due to trainees s 84 (prev s 3.39) renum 1993 No. 81 s 3 sch amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Trainees’ entitlements if not under training agreement s 85 ins 1993 No. 81 s 3 sch Fixing of wages payable to apprentices s 86 amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Fixing of other entitlements of apprentices s 87 amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Superannuation entitlements of apprentices s 3.35 om 1993 No. 81 s 3 sch Apprentices’ entitlements if not under training agreement prov hdg sub 1993 No. 81 s 3 sch s 88 amd 1993 No. 81 s 3 sch Fixing of wages payable to trainees s 3.38 renum as s 83 1993 No. 81 s 3 sch Superannuation entitlements due to trainees s 3.39 renum as s 84 1993 No. 81 s 3 sch Entitlements due to trainees other than under agreement s 3.40 om 1993 No. 81 s 3 sch Effect of death or retirement of a partner s 90 amd 1993 No. 81 s 3 sch Variation of indenture or training agreement s 3.42 om 1993 No. 81 s 3 sch

124 Vocational Education, Training and Employment Act 1991 Inspection of time and wages record s 92 amd 1993 No. 81 s 3 sch sub 1997 No. 1 s 495 sch 4 Training record s 93 amd 1993 No. 81 s 3 sch Period of absence from employment may be added to training period s 94 sub 1993 No. 81 s 3 sch Prevention by employer of attendance by apprentice or trainee at college or class s 95 amd 1993 No. 81 s 3 sch Discipline s 96 amd 1993 No. 81 s 3 sch; 1994 No. 87 s 3 sch 2 Cancellation of training agreement on request prov hdg sub 1993 No. 81 s 3 sch s 97 amd 1993 No. 81 s 3 sch Provision of tools of trade s 98 amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Offences concerning employment of apprentices or trainees s 99 amd 1993 No. 81 ss 17, 3 sch; 1997 No. 1 s 495 sch 4 Recovery of moneys due and payable to, or on account of apprentice or trainee s 100 amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Payment to training consultant or industrial inspector of money due to apprentice or trainee s 101 amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Accounting for moneys paid to training consultant or industrial inspector s 102 amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Recovery of unpaid superannuation contribution due to apprentice or trainee s 103 amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 State bound by Act s 105 sub 1993 No. 81 s 3 sch Act prevails in event of inconsistency s 106 amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Approved forms of State Training Council s 107 sub 1993 No. 81 s 18 Conflict of interest s 108 amd 1993 No. 81 s 3 sch Holders of office to act honestly and with propriety s 109 amd 1993 No. 81 s 3 sch

125 Vocational Education, Training and Employment Act 1991 Protection of name of commission and corporation s 110 amd 1993 No. 81 s 3 sch Monitoring warrant s 112 amd 1993 No. 81 s 3 sch; 1997 No. 1 s 495 sch 4 Duty to protect interests of employees to whom Act applies s 115 amd 1993 No. 81 s 3 sch Offences of obstruction and failing to answer questions s 116 amd 1993 No. 81 s 3 sch Attendance at investigation by commission or State Training Council s 117 amd 1993 No. 81 s 3 sch Destruction etc. of documents s 118 amd 1993 No. 81 ss 19, 3 sch Protection of confidentiality s 119 amd 1993 No. 81 s 3 sch General offence provision s 4.16 om 1993 No. 81 s 3 sch Evidentiary provisions s 123 amd 1993 No. 81 s 20; 1997 No. 1 s 495 sch 4 Appeal to commission or Minister s 124 amd 1993 No. 81 s 21 Regulations may be made s 126 amd 1993 No. 81 s 3 sch Validation of delegation under s 26 s 126A ins 1996 No. 65 s 52 sch 2 exp 9 December 1996 (see s 126A(2)) SCHEDULE—NATIONAL VOCATIONAL EDUCATION AND TRAINING STATEMENT reloc to after pt 5 1994 No. 12 s 43 PART 5—TRANSITIONAL PROVISIONS pt hdg sub 1993 No. 81 s 22 Indentures become training agreements s 127 sub 1993 No. 81 s 22 Apprenticeships and traineeships become approved training schemes s 128 sub 1993 No. 81 s 22 References to repealed Act s 129 orig s 129 sub 1993 No. 81 s 22 om R1 (see RA s 39) prev ins 1996 No. 65 s 52 sch 2 exp 9 December 1997 (see s 129(3)) pres s 129 ins 1994 No. 87 s 3 sch 2

126 Vocational Education, Training and Employment Act 1991 Provisions relating to dissolved Corporation etc. s 5.4 om 1993 No. 81 s 22 SCHEDULE—NATIONAL VOCATIONAL EDUCATION AND TRAINING STATEMENT ins 1993 No. 81 s 23 reloc 1994 No. 12 s 43 ´ 8 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 as required by the Vocational Education, Trainingand Employment Amendment Act 1993 s 22 Previous Renumbered as 1.1 1.2 1.3 1.4 1.4 def “industrial organisation” (1st dot point) 1.4 def “industrial organisation” (2nd dot point) 1.5 2.1 2.2 2.3 2.4 2.4A 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.17 2.18 2.19 2.20 1 2 3 4 4 def “industrial organisation” (a) 4 def “industrial organisation” (b) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

127 Vocational Education, Training and Employment Act 1991 2.21 2.22 2.22(2) (2nd sentence) 2.23 2.24 2.25 2.25(3) 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.34(2) (1st dot point) 2.34(2) (2nd dot point) 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 2.44 2.45 2.46 2.47 (1st sentence) 2.47 (2nd sentence) 2.48 2.48(1A) 2.48(2) 2.48(2)(j) (1st dot point) 2.48(2)(j) (2nd dot point) 2.48(2)(j) (3rd dot point) 2.48(2)(j) (4th dot point) 2.48(2)(j) (5th dot point) 2.48(2)(j) (6th dot point) 2.48(3) 2.49 2.50 2.51 2.52 26 27 27(3) 28 29 30 30(2) 31 32 33 34 35 36 37 38 39 39(2)(a) 39(2)(b) 40 41 42 43 44 45 46 47 48 49 50 51(1) 51(2) 52 52(2) 52(3) 52(3)(j)(i) 52(3)(j)(ii) 52(3)(j)(iii) 52(3)(j)(iv) 52(3)(j)(v) 52(3)(j)(vi) 52(4) 53 54 55 56

128 Vocational Education, Training and Employment Act 1991 2.53 2.54 2.55 2.56 3.1 3.1(8) (2nd sentence) 3.2 3.3 3.4 3.5 3.6(1A) 3.6(1) 3.6(2) 3.6(3) 3.6(4) 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 div 4 3.31 3.32 div 5 32A 32B 32B(1A) 32B(1) 3.32C 3.33 3.34 3.36 3.37 div 6 3.41 3.43 57 58 59 60 61 61(9) 62 63 64 65 66(1) 66(2) 66(3) 66(4) 66(5) 67 68 69 70 71 72 73 74 75 76 77 78 79 80 div 3 81 82 div 4 83 84 84(1) 84(2) 85 86 87 88 89 div 5 90 91

129 Vocational Education, Training and Employment Act 1991 3.44 3.45 3.45(3) (2nd sentence) 3.45(4) 3.46 3.47 3.48 3.48(1A) 3.48(1B) 3.48(2) 3.48(3) 3.48(4) 3.48(5) 3.48(6) 3.48(7) 3.48(8) 3.49 3.50 3.51 3.52 3.53 3.54 3.55 3.56 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.7(1) (1st dot point) 4.7(1) (2nd dot point) 4.7(1) (3rd dot point) 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.14(b) 4.14(c) 4.14(d) 4.15 92 93 93(4) 93(5) 94 95 96 96(2) 96(3) 96(4) 96(5) 96(6) 96(7) 96(8) 96(9) 96(10) 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 111(1)(a) 111(1)(b) 111(1)(c) 112 113 114 115 116 117 118 118(a) 118(b) 118(c) 119

130 Vocational Education, Training and Employment Act 1991 4.17 4.18 4.19 (1st sentence) 4.19 (2nd sentence) 4.20 4.20(1)(c) 4.20(1)(d) 4.20(1)(e) 4.20(1)(e)(A) 4.20(1)(e)(B) 4.20(1)(f) 4.20(1)(g) 4.20(1)(h) 4.21 4.21(7A) 4.21(7B) 4.21(7C) 4.21(7D) 4.21(8) 4.21(9) 4.22 4.23 5.1 5.2 5.3 120 121 122(1) 122(2) 123 123(1)(b) 123(1)(c) 123(1)(d) 123(1)(d)(iii) 123(1)(d)(iv) 123(1)(e) 123(1)(f) 123(1)(g) 124 124(8) 124(9) 124(10) 124(11) 124(12) 124(13) 125 126 127 128 129 © State of Queensland 1998