Vocational Education, Training and Employment Amendment Regulation (No. 1) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 300 Vocational Education, Training and Employment Act 1991 VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT AMENDMENT REGULATION (No. 1) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of pt 1 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Replacement of s 4 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3A Meaning of “ACE course” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3B Meaning of “at cost” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3C Meaning of “nominal hours” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3D Meaning of “official college publication” . . . . . . . . . . . . . . . . . . . . . 5 3E Meaning of “student services” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3F Meaning of “tuition fee” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—FEES Division 1—Fees for State college services and other services 4 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4A Facilities fee for ACE courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 2—Fee exemptions, refunds and time to pay 4B Government funded subjects for which there are no tuition or student services fees and free tests . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 4C Fee exemption on grounds of extreme financial hardship . . . . . . . . 8 4D Tuition fee exemptions for government funded subjects . . . . . . . . . 8 4E Half fee exemption for Department of Social Security or Department of Veterans’ Affairs card holders for ACE courses . . . . 9 4F Allowing time to pay fees for government funded subjects . . . . . . . 10 4G Refund if subject or course cancelled by director . . . . . . . . . . . . . . . 10 4H Refund if enrolment cancelled before subject or course starts . . . . 10 4I Refund after government funded subject starts . . . . . . . . . . . . . . . . . 11 4J Refund if academic exemption received . . . . . . . . . . . . . . . . . . . . . . 11 4K Refund if reassessment successful . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4L Refused applications for fee exemptions or refunds . . . . . . . . . . . . . 11 4M Delegation of director’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 3—APPRENTICES, PROBATIONERS AND TRAINEES 7 Insertion of new s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Numbering and renumbering of regulation . . . . . . . . . . . . . . . . . . . . . 12 8 Replacement of schedule (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SCHEDULE FEES

s1 3 s5 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 ˙ Short title 1. This regulation may be cited as the Vocational Education, Training and Employment Amendment Regulation (No. 1) 1995 . ˙ Commencement 2. This regulation commences on 1 January 1996. ˙ Regulation amended 3. This regulation amends the VocationalEducation,TrainingandEmployment Regulation 1991 . ˙ Insertion of pt 1 heading 4. Before section 1— insert— ‘ PART 1—PRELIMINARY ’. ˙ Amendment of s 3 (Definitions) 5. Section 3— insert— ‘ “ACE course” see section 3A. “apprentice level test” means a test to assess whether an apprentice has successfully completed a level for an apprentice mentioned in an official syllabus. “approved form” means a form approved by the chief executive. “at cost” see section 3B. “BSSSS” means Board of Senior Secondary School Studies under the Education (Senior Secondary School Studies) Act 1988 . “college” means a State college. “government funded” includes partly government funded.

s6 4 s6 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 “late enrolment” means enrolment for a subject after the closing time for enrolment stated in an official college publication. “learning support subject” means a subject intended to increase a student’s general ability to learn. “nominal hours” see section 3C. “number of students” , for a subject, means the maximum number of students stated for the subject in an official college publication. “official college publication” see section 3D. “official syllabus” , for a subject, means a document outlining a course accredited by the Accreditation Council or BSSSS. “out of trade apprentice” means a person who receives, or has been approved to receive, a benefit payable by the Commonwealth Employment Service under the Special Assistance Program. “program of study” means 1 or more subjects identified in an official college publication as a program. “special entry apprentice” means a person who— (a) the State Training Council allows to enter into an apprenticeship; and (b) does not have the minimum standard of education for the apprenticeship. “student” includes a person enrolling as a student. “student services” see section 3E. “subject” includes module. “trade test” mean a test to assess whether a person has skills and knowledge appropriate to a particular trade. “tuition fee” see section 3F.’. ˙ Replacement of s 4 (Fees) 6. Section 4— omit, insert—

s6 5 s6 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 ˙ ‘ Meaning of “ACE course” ‘ 3A. An “ACE course” is an adult community education course, offered at a State college, that is not run for profit and for which a person completing the course does not receive an award. ˙ ‘ Meaning of “at cost” ‘ 3B. “At cost” , for a service, means the amount (not more than the reasonable cost of providing the service) the college director considers reasonable. ˙ ‘ Meaning of “nominal hours” ‘ 3C . “Nominal hours” means— (a) for a government funded subject—the number of hours stated for the subject in an official syllabus; or (b) for an ACE course—the number of hours stated for the course in an official college publication. ˙ ‘ Meaning of “official college publication” ‘ 3D. “Official college publication” of a college means a publication, or advertisement, about the college, approved by the director and available for purchase or inspection at the college. Examples— • an approved college diary or handbook • an approved course information sheet or brochure. ˙ ‘ Meaning of “student services” ‘ 3E. “Student services” means any of the following services available to all students enrolled in a government funded subject at a college— • student counselling or job placement service • student activities coordination service

s6 6 s6 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 • student security service • library service • course information service • recreational facilities and activities service • disability support service. ˙ ‘ Meaning of “tuition fee” ‘ 3F. “Tuition fee” means— (a) for a government funded subject—the fee payable as the student’s contribution to the cost of tuition in the subject; or (b) for an ACE course—the fee for tuition in the course. ‘ PART 2—FEES ‘ Division 1—Fees for State college services and other services ˙ ‘ Fees ‘ 4.(1) The schedule sets out the fees for the matters it mentions. ‘ (2) A student must pay a tuition fee or student services fee when enrolling. ‘ (3) However, a student may not have to pay a tuition fee or student services fee, or may be given time to pay the fee, under division 2. 1 ‘ (4) A fee for an ACE course is chargeable at an hourly rate only if an official college publication states the fee is chargeable at an hourly rate. 1 Division 2 (Fee exemptions, refunds and time to pay)

s6 7 s6 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 ˙ ‘ Facilities fee for ACE courses ‘ 4A.(1) A student in an ACE course must pay a facilities fee for the course. ‘ (2) The amount of the fee— (a) is worked out by dividing the cost of running the course by the number of students for the course stated in an official college publication; and (b) is the amount stated in an official college publication as payable by each student in the course as the student’s share of the cost of running the course. ‘ (3) The cost of enrolment or tuition is not counted in working out the facilities fee. ‘ Division 2—Fee exemptions, refunds and time to pay ˙ ‘ Government funded subjects for which there are no tuition or student services fees and free tests ‘ 4B. There is no tuition fee or student services fee for the following government funded subjects or tests— (a) a subject for which the Commonwealth requires there be no fee; (b) a subject for tutors undertaken by someone who has agreed to tutor at a college free of charge; (c) a test (other than for a special entry apprentice) to assess literacy or numeracy; (d) a learning support subject; (e) a subject undertaken at a college as part of the student’s secondary education; (f) if a student transfers enrolment in a subject to another college—the subject enrolled in at the other college; (g) if within 2 weeks of a subject starting the student cancels

s6 8 s6 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 enrolment in the subject and enrols in 1 other subject at the same college—the other subject. ˙ ‘ Fee exemption on grounds of extreme financial hardship ‘ 4C.(1) The director may exempt a student from a tuition fee or student services fee. ‘ (2) However, the director may grant the exemption only if the director is satisfied the student is suffering extreme financial hardship. ‘ (3) The student must apply for the exemption in the approved form when enrolling. ˙ ‘ Tuition fee exemptions for government funded subjects ‘ 4D.(1) The director may exempt a student from a tuition fee for a government funded subject if— (a) the student was or will be under 17 at the end of February in the year in which the subject is undertaken; or (b) for a subject taken at a senior college—the student was or will be under 18 at the end of February in the year in which the subject is taken; or (c) the student is an Aboriginal or Torres Strait Islander; or (d) the student is an apprentice who is repeating (for the first time) an apprenticeship subject the apprentice failed, or did not complete, because of illness; or (e) the student holds, or has a document issued in an official form under the Social Security Act 1991 (Cwlth) confirming the student’s entitlement to the concessions for, any of the following cards under that Act— (i) a pensioner concession card; (ii) a health benefits card; (iii) a health care card. ‘ (2) The student must apply for the exemption in the approved form

s6 9 s6 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 when enrolling. ‘ (3) Subsection (1)(d) does not apply if the student obtained a refund of fees for the subject. ‘ (4) A student applying for exemption under subsection (1)(e) must also, when applying, produce— (a) the card or a copy of it certified to be a true copy by a justice of the peace or commissioner for declarations; or (b) the document confirming the student’s entitlement to the concessions. ˙ ‘ Half fee exemption for Department of Social Security or Department of Veterans’ Affairs card holders for ACE courses ‘ 4E.(1) This section applies to a student who holds, or has a document issued in an official form under Commonwealth law confirming the student’s entitlement to the concessions for, any of the following cards — (a) a pensioner concession card issued under Commonwealth law; (b) a health benefits card under the Social Security Act 1991 (Cwlth); (c) a health care card issued under Commonwealth law. ‘ (2) However, subsection (1)(a) applies only if the student is entitled to the maximum rate of pension payable under the law under which the card or document is issued. 2 ‘ (3) If the tuition fee for an ACE course is chargeable at an hourly rate, the student may apply to the director for exemption from half of the tuition fee and facilities fee for the course. ‘ (4) The student must when enrolling apply for the exemption in the approved form and produce— (a) the card or a copy of it certified to be a true copy by a justice of 2 The Department of Social Security issues pensioner concession cards, health benefit cards and health care cards. The Department of Veterans’ Affairs also issues pensioner concession cards.

s 6 10 s 6 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 the peace or commissioner for declarations; or (b) the document confirming the student’s entitlement to the concessions. ˙ ‘ Allowing time to pay fees for government funded subjects ‘ 4F.(1) A student may apply to the director for time to pay tuition fees or student services fees for a government funded subject if the total amount of tuition fees or student services fees payable when enrolling is more than $75.00. ‘ (2) The student must apply in the approved form when enrolling. ‘ (3) If the director allows the student time to pay the fees (for example by allowing payment by instalments) the director may enter into a written arrangement for payment of the fees. ‘ (4) The fees must be paid as required under the arrangement. ‘ (5) If the student does not pay the fees for a subject under the arrangement the director may withhold the student’s results for the subject until the fees are paid. ‘ (6) Subsection (5) is in addition to any other remedy available to the director. ˙ ‘ Refund if subject or course cancelled by director ‘ 4G. If the director cancels a government funded subject or ACE course before it starts, the director must refund the fees paid for the subject or course. ˙ ‘ Refund if enrolment cancelled before subject or course starts ‘ 4H. If a student cancels enrolment in a government funded subject or ACE course before it starts, the director must refund the fees the student paid for the subject or course after deducting an administration charge— (a) for an ACE course—of $10.15; or (b) for a government funded subject—of $10.00.

s 6 11 s 6 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 ˙ ‘ Refund after government funded subject starts ‘ 4I.(1) If any of the following things happen while the student is undertaking a government funded subject, the student may apply to the director for a refund of the fees for the subject— (a) the student accepts a place offered through the Queensland Tertiary Admissions Centre; (b) the student suffers an illness or injury preventing the student from completing the subject; (c) the student begins employment preventing the student from completing the subject (whether at the times for the course stated in the enrolment form or at another time). ‘ (2) The student must apply in the approved form before the assessment for the subject ends. ‘ (3) The director may refund the fees after deducting an administration charge of $10.00. ˙ ‘ Refund if academic exemption received ‘ 4J.(1) If a student has received an academic exemption from a government funded subject since enrolling in it, the student may apply to the director for a refund of fees for the subject. ‘ (2) The student must apply in the approved form within 5 weeks after the subject starts. ˙ ‘ Refund if reassessment successful ‘ 4K. The director must refund the fee for reassessment of a result of a government funded subject to a student whose reassessment is successful. ˙ ‘ Refused applications for fee exemptions or refunds ‘ 4L.(1) If the director refuses an application for a fee exemption, refund or time to pay, the director must give the applicant written notice of the reasons for refusal.

s 7 12 s 8 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 ‘ (2) A person who is refused an exemption or refund may, within 7 days after the written notice is given, apply to the director for a reconsideration of the refusal. ‘ (3) The refusal must be reconsidered by a person more senior than the person who refused the original application. ˙ ‘ Delegation of director’s powers ‘ 4M. A director may delegate the director’s powers under this regulation to a member of the college’s staff. ‘ PART 3—APPRENTICES, PROBATIONERS AND TRAINEES ’. ˙ Insertion of new s 14 7. After section 13— insert— ˙ ‘ Numbering and renumbering of regulation ‘ 14.(1) The Reprints Act 1992 , section 43 3 must be used in the next reprint of this regulation produced under the Reprints Act 1992. ‘ (2) This section expires on the date of the next reprint of this regulation produced under the Reprints Act 1992 .’. ˙ Replacement of schedule (Fees) 8. Schedule— omit, insert— 3 Section 43 (Numbering and renumbering of provisions)

s 8 13 s 8 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 ‘ SCHEDULE ‘ FEES section 4 PART 1—GOVERNMENT FUNDED SUBJECTS AT STATE COLLEGES 1. Tuition fee for a subject— (a) for each nominal hour for the subject . . . . . . . . . . . (b) maximum fee for a program of study for each year starting on the day of enrolment in the program . . . 2. Tuition fee for 1 or more BSSSS subjects or equivalent subjects for a semester . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Student services fee for a subject— (a) for each nominal hour for the subject . . . . . . . . . . . (b) maximum fee for a program of study for each year starting on the day of enrolment in the program . . . 4. Student services fee for 1 or more BSSSS subjects or equivalent subjects for a semester . . . . . . . . . . . . . . . . . . 5. Application for reassessment of the result for a subject— (a) reassessment taking 1 hour or less . . . . . . . . . . . . . (b) reassessment taking over 1 hour . . . . . . . . . . . . . . . 6. Making a boat available for a subject, for each nominal hour for the subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. Supplying a person with a replacement of an award held by the person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Supplying a person with the person’s student academic history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Supplying a person with a copy of the person’s results—each subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.66 507.00 40.00 0.19 146.00 50.00 25.00 at cost 6.00 12.00 8.00 8.00

s 8 14 s 8 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 10. Supplying a person with a copy of another student record about the person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Supplying a statement to the holder of an award certifying the award as equivalent to another award . . . . . . . . . . . . . 12. Late enrolment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Trade test or apprentice level test— (a) for a test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) maximum fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. Literacy or numeracy test for a special entry apprentice, payable by the person requesting the test . . . . . . . . . . . . . 15. Supply of student identification card . . . . . . . . . . . . . . . . 16. Supervising a student’s examination at a college other than the college at which the student is enrolled for the subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.00 8.00 10.00 at cost 250.00 90.00 at cost at cost PART 2—ACE COURSES AT STATE COLLEGES 17. Tuition fee for a course— (a) if the fee is chargeable at an hourly rate and a tutor only is supplied—for each nominal hour for the course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.62 (b) if the fee is chargeable at an hourly rate and a teacher only is supplied—for each nominal hour for the course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.09 (c) if the fee is chargeable at an hourly rate and a tutor and a teacher are supplied—for each nominal hour for the course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.71 (d) if the fee is not chargeable at an hourly rate . . . . . . . at cost 18. Enrolment fee for each course . . . . . . . . . . . . . . . . . . . . . 10.15 19. Facilities fee for each course . . . . . . . . . . . . . . . . . . . . . . the amount under section 4A

s 8 15 s 8 Vocational Education, Training and Employment Amendment (No. 1) No. 300, 1995 PART 3—APPRENTICESHIPS AND TRAINING AGREEMENTS 20. Extract from the register of apprentices . . . . . . . . . . . . . . 21. Certified copy of— (a) an indenture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a certificate of completion of apprenticeship . . . . . . (c) a training agreement . . . . . . . . . . . . . . . . . . . . . . . . . (d) a certificate of completion of training under a training agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.00 13.00 12.00 12.00 12.00’. ENDNOTES 1. Made by the Governor in Council on 26 October 1995. 2. Notified in the gazette on 27 October 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Vocational Education, Training, Employment and Industrial Relations. © State of Queensland 1995