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1
Training Reform Bill 2003
TRAINING REFORM BILL 2003
EXPLANATORY NOTES
GENERAL OUTLINE
Short title
Training Reform Bill 2003.
Policy objectives
Education and Training Reforms for the Future
In 2002, the Education and Training Reforms for the Future were
announced. The Training Reform Bill 2003 provides for a vocational
education and training system that complements these reforms and
supports young people through the compulsory participation phase.
The objective of these reforms is to retain young people in education,
vocational education or training, or employment in order to equip them
with the necessary skills for success in life.
National consistency in the vocational education and training system
In 2002, the Australian National Training Authority Ministerial Council
(ANTA MINCO) agreed to make regulatory arrangements to ensure
national consistency in the registration of training organisations and the
accreditation of courses in vocational education and training. The Training
Reform Bill 2003 gives effect to this decision and seeks to improve the
consistency across the vocational education and training jurisdictions.
Miscellaneous amendments
In 2001, a review of the Training and Employment Act 2000 was
undertaken and identified operational anomalies requiring legislative
change. This legislation will rectify these operational anomalies.
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Training Reform Bill 2003
Title of the Act
The legislation is being renamed the Vocational Education and Training
Act 2000 to emphasise the importance of vocational education in the
training system.
Reasons for the policy objectives
Education and Training Reforms for the Future
The Training Reform Bill 2003 complements the reforms outlined in the
Youth Participation in Education and Training Bill 2003. These reforms
seek to increase the retention of young people in education or training until
they achieve certain milestones or turn 17 years old. The reason for these
reforms is to provide young people with a better opportunity for
succeeding in life.
The Bill provides more integrated pathways for young people
participating in the compulsory participation phase and seamless
transitions between the education, employment and vocational education
and training systems.
National consistency in the vocational education and training system
Legislative change is necessary to give effect to the decision made by the
ANTA MINCO to bring about greater consistency across Australia's
vocational education and training system. The Bill provides for a more
integrated system which encourages and supports registered training
organisations to deliver vocational education and training and accredit
courses in various jurisdictions.
Miscellaneous amendments
The amendments to the Industrial Relations Act 1999 will preserve the
entitlements of existing workers who undertake an apprenticeship or
traineeship.
Title of the Act
Vocational education and training is a specific type of training and its
significance is reflected in the new title of the legislation - the Vocational
Education and Training Act 2000.
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Training Reform Bill 2003
How the policy objectives will be achieved
Education and Training Reforms for the Future
The legislative framework outlined in the Bill will bring about greater
collaboration between the Department of Education, the Department of
Employment and Training and other learning providers to ensure the
vocational education and training system is accessible by young people.
Specifically, the Bill will amend the Training and Employment Act 2000
and complement the provisions of the Youth Participation in Education and
Training Bill 2003. The Bill will provide for participation in vocational
education and training, employment and employment skills development
programs as options a young person may undertake when completing their
compulsory participation phase.
The Bill will amend the objectives of the Act to incorporate a community
commitment to young people through the building of partnerships at the
local level, and the intent of the Ministerial Declaration "Stepping
Forward: improving pathways for all young people". Local communities
will play a key role in promoting the options available to young people
during the compulsory participation phase and ensuring the accessibility of
these options.
National consistency in vocational education and training system
The Bill amends Chapter 2 of the Training and Employment Act 2000 to
incorporate the model clauses as agreed to by ANTA MINCO for the
registration of training organisations and the accreditation of courses. The
incorporation of these clauses will bring about greater consistency across
the vocational education and training jurisdictions as other jurisdictions
also make similar legislative changes.
Miscellaneous amendments
The Industrial Relations Act 1999 will be amended to preserve the rights
of existing workers who undertake an apprenticeship or traineeship.
Title of the Act
The Bill provides for the Training and Employment Act 2000 to be
renamed the Vocational Education and Training Act 2000.
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Training Reform Bill 2003
Estimated administrative cost to government for implementation
All costs associated with implementing the new legislation will be met
within existing budget resources.
Consistency with fundamental legislative principles
The provisions of the Bill are consistent with the fundamental legislative
principles provided for under the Legislative Standards Act 1992.
Consultation
Extensive consultation has taken place with stakeholders in the
vocational education and training system and the schooling system.
Specifically, stakeholders included registered training organisations, state
schools, non-state schools, unions, employer associations, industry training
advisory bodies, group training organisations and community
organisations.
Consultations were conducted face to face and stakeholders were
supportive of the Training Reform Bill 2003 and the policy objectives it
seeks to implement.
Following these consultations, the Training Reform Bill 2003 was
drafted.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Short title
Clause 1 states the short title of the Bill is the Training Reform Act 2003.
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Training Reform Bill 2003
Commencement
Clause 2 provides for the Act to commence on a day to be fixed by
proclamation.
PART 2--AMENDMENT OF TRAINING AND
EMPLOYMENT ACT 2000
Act amended in Part 2
Clause 3 provides that the Bill will amend the Training and Employment
Act 2000.
Replacement of title
Clause 4 amends the title of the Act to describe that it is an Act to
provide for vocational education, training and employment.
Replacement of short title
Clause 5 provides for the short title to be amended to reflect the change
in name from the Training and Employment Act 2000 to the Vocational
Education Training and Employment Act 2000. This name change reflects
the significance of vocational education in the training system.
Amendment of s3 (objectives)
Clause 6 provides for the objectives to include the furthering of the
commitment by the States, Territories and Commonwealth to work with
industry to increase participation in an improved, integrated, national
vocational education and training system.
The clause also provides for the objectives to include a whole of
community commitment to young people and to implement initiatives
consistent with the ministerial declaration "Stepping Forward: improving
pathways for all young people".
The community commitment to young people will involve:
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Training Reform Bill 2003
· improved planning and coordination between schools, vocational
education and training providers and community agencies to
improve services;
· better use of local expertise and innovation, building on existing
networks and generating solutions to cater for all young people
in local areas;
· working with local employers and authorities to generate new
solutions, including the provision of career advice.
The ministerial declaration involves a commitment to developing
practical ways to increase the social, educational and employment
outcomes for all young people including those who are at risk,
disconnected or in vulnerable circumstances. The declaration will also
form an attachment to the Act.
Amendment of s7 (what is an apprenticeship)
Clause 7 provides that the definition of "apprenticeship" includes a
school based apprenticeship which may be undertaken by a young person
participating in the compulsory participation phase as defined in the Youth
Participation in Education and Training Bill 2003.
Amendment of s8 (what is a traineeship)
Clause 8 provides that the definition of "traineeship" includes a school
based traineeship which may be undertaken by a young person
participating in the compulsory participation phase as defined in the Youth
Participation in Education and Training Bill 2003.
Replacement of ch 2 (Training organisations)
Clause 9 provides for the replacement of Chapter 2 and inserts:
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Training Reform Bill 2003
CHAPTER 2--TRAINING ORGANISATIONS
Application
Section 18 states that chapter 2 only applies to the provision of training
or assessment leading to qualifications or statements of attainment that
relate to vocational education and training.
Definitions for ch 2
Section 19 introduces the definitions referred to in Chapter 2 of the Bill.
The terms that are defined in this section are cross-referenced in the
Dictionary at Schedule 3.
PART 2--NATIONAL REGISTRATION
National register and national effect of registration
Section 20 establishes that the national register is the National Training
Information Service. The section also establishes that the national register
consists of anything:
· registered by the Council; and
· registered under a corresponding law in another State or
Territory; and
· registered under a corresponding law or regulation by ANTA or
another entity.
National effect is achieved by all States and Territories enacting the
provision which will then ensure that anything recorded on the national
register is recognised in all States and Territories.
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Training Reform Bill 2003
PART 3--REGISTERED TRAINING ORGANISATION
Offence to falsely claim to be a registered training organisation
Section 21 creates the following offences:
· a person who is not a registered training organisation must not
claim to be a registered training organisation. A person `claims'
to be a registered training organisation if:
· the person makes the claim; or
· purports to be registered or to be able to do a particular thing
authorised by registration; or
· does any act likely to induce another person to believe that it is a
registered training organisation or that it is able to do a particular
thing authorised by registration.
· a person who is not, or not acting for a registered training
organisation must not issue or claim to be able to issue
qualifications or statements of attainment defined under the AQF;
· a person or person not acting for a registered training
organisation must not claim to be able to provide training or
assessments resulting in a qualification or statement of
attainment defined under the AQF; and
· a person must not claim that another person is able to provide
training that will result in a qualification or statement of
attainment knowing that that person is not registered and cannot
issue the qualification or statement of attainment defined under
the AQF.
The intention of this section is to stop a training organisation from
falsely claiming that it is registered or that it can carry out the functions
(including the issuing of qualifications or statements of attainment) that
only a registered training organisation can do. The creation of offences
will protect the integrity of the vocational education and training system
and the community from unscrupulous operators.
A penalty may apply upon conviction for an offence against this section.
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Training Reform Bill 2003
Division 2--Registration activities in this jurisdiction
Registration and Scope of Registration
Section 22 provides for two categories of registration:
· to provide training and assessments resulting in the issue of
qualifications or statements of attainment; or
· to provide assessments, not training, that result in the issuance of
qualifications or statement of attainment.
A training organisation may apply for one of these categories of
registration.
This section also defines "Scope of Registration" to be:
· the training and/or assessment services the training organisation
is registered to provide; and
· the qualifications, statement of attainment or units of competency
for which the training organisation is registered to provide
training or assessments.
Training organisations that will be registered to provide both training
and assessment services will, in the main, be TAFE institutes and private
registered training organisations of vocational education and training
courses. However, certain industry enterprises that conduct their own off-
the-job training, schools and community organisations may also be
registered.
Applying in this jurisdiction for registration
Section 23 provides that a person may apply to the Council for
registration as a training organisation. The application must be on the
approved form and be accompanied by prescribed fee. The applicant must
also provide the Council with any information it needs when considering
the application.
It is not compulsory for a training organisation to be registered in
Queensland. However, a training organisation must be registered if it
wishes to provide:
· training and assessments resulting in the issue of qualifications or
statements of attainment defined under the AQF; or
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Training Reform Bill 2003
· assessments resulting in the issue of qualifications or statements
of attainment defined under the AQF.
Decision about registration
Section 24 provides that the council may approve an application for
registration or refuse to approve it.
While the council may refuse registration on any reasonable grounds, it
must not grant the application if:
· the applicant is already registered as a training organisation in
another State or Territory by any registering body;
· the principal place of business or most or all of the training
organisation's operations will not be in the jurisdiction where the
application for registration is made;
· it considers that the applicant does not comply with the
Standards for Registered Training Organisations.
When conducting a compliance audit, the council must have regard to
the audit requirements stated in the Standards for State and Territory
Registering/Course Accrediting Bodies, and it must apply the Standards for
Registered Training Organisations. The council has to audit for compliance
with Standards for Registered Training Organisations but this does not
include auditing for compliance with all other Commonwealth and State or
Territory legislation (e.g. workplace health and safety legislation) as these
require specialist knowledge which the auditor may not possess. However,
training organisations will still need to comply with these statutes and
regulatory regimes to be registered and maintain their registration.
The council will not be required to consider the applicant's compliance
with the standards for registered training organisations when the following
conditions are met:
· the training organisation is already registered in another
jurisdiction; and
· the training organisation has received notice from the registering
body that registered it that the registering body is seeking to
cancel the registration, as its principal place of business or most
of its operations are no longer in the registering body's
jurisdiction; and
· the training organisation is not seeking to change its scope of
registration.
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Training Reform Bill 2003
When registering a training organisation, the council may impose
reasonable conditions on the registration which will be effective for the
term of the registration. These conditions will apply nationally. If the
council decides to impose a condition it must notify the training
organisation.
Where the council decides to grant the application it must immediately
register the training organisation on the national register, including the
training organisation's details such as its scope of registration and any
additional conditions imposed on it.
Where the council decides to grant registration, it must immediately
issue a certificate of registration to the organisation. The certificate of
registration must include any conditions on the registration that the council
has imposed.
Where the application is from a training organisation seeking to change
its jurisdiction of registration (see section 33), the training organisation and
scope of registration must be registered on the national register
immediately after the existing registration has been cancelled under section
36.
If the council decides not to grant the application, it must advise the
training organisation by an information notice that states the reasons for the
decision and where the appeal against the decision lies.
Suitability of registration
Section 25 provides an additional ground the council may consider when
deciding an application for registration of a training organisation. Without
limiting the grounds on which the council may decide not to grant the
application in section 24(5), the council may have regard to the
organisation's suitability for registration.
In deciding a training organisation's suitability for registration, the
council may consider the prior conduct of the training organisation or an
associate of the organisation, whether in this State or elsewhere.
The council may also consider additional matters pertaining to the
suitability of the applicant as a registered training organisation.
A person would be considered an `associate' in circumstances where the
person:
· is a partner; or
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Training Reform Bill 2003
· the person and the associate are both trustees or beneficiaries of
the same trust, or one is a trustee and the other is a beneficiary of
the same trust; or
· the person or the associate is a body corporate and the other is a
member of the board or committee of management of the body
corporate; or
· the person or the associate is a body corporate and the other is a
person who has a legal or equitable interest in 5% or more of the
share capital of the body corporate; or
· a chain of relationships can be traced between the person and the
associate under any one or more of the preceding scenarios.
The suitability requirement supports the maintenance of the integrity of
the vocational education and training system and safeguards users of the
system, particularly students and industry.
Registration conditions
Section 26 provides that the registration of a training organisation is
subject to conditions. These conditions, which apply throughout the period
of registration and in every jurisdiction (unless they are specifically stated
not to apply in a certain jurisdiction), are:
· the training organisation must comply with the requirements
under the Standards for Registered Training Organisations;
· the training organisation must immediately notify the council if
there is any substantial change to their control, management or
operation;
· the training organisation must immediately notify the council of
anything it is required to give notification of under the Standards
for Registered Training Organisations;
· the training organisation must submit to any compliance audit
required by the council;
· where a compliance audit has found that the training organisation
does not comply with the Standards for Registered Training
Organisations or any additional conditions imposed by council,
the training organisation must take all necessary steps to rectify
the non-compliance, within the time frame required by the
council;
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Training Reform Bill 2003
· the training organisation must submit to a compliance audit
conducted by a registering body of another State or Territory;
· the training organisation must not contravene a provision of this
Act or a similar law of another State or Territory;
· the training organisation must give the council any reasonable
information required by it under section 32 (Amending,
suspending or cancelling registration without application on
particular grounds); and
· the training organisation must give the registering body in
another jurisdiction any reasonable information it requires about
a condition imposed by that registering body because the training
organisation has contravened a condition of its registration in that
jurisdiction.
Registration conditions imposed by the council or another registering
body on the training organisation apply to it in every State and Territory
unless the contrary intention is detailed on the national register.
A training organisation must not contravene a condition of its
registration. Where contravention is discovered, the council may impose a
sanction of amending scope of registration, imposing a condition,
suspending or cancelling registration (under section 32).
Condition - continued suitability for registration
Section 27 provides that the council may impose further conditions, in
addition to those detailed in section 26, requiring training organisations to
remain suitable for registration.
In deciding suitability of registration, the council may apply section 25 -
Suitability for registration.
Term of registration
Section 28 establishes the term of registration to be up to 5 years. A
training organisation must apply for renewal of its registration at least three
months before the term of registration expires.
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Training Reform Bill 2003
Amending registration on application by registered training
organisation
Section 29 allows the council to amend the registration of a training
organisation if the training organisation applies for the amendment.
If the application is for an amendment to scope of registration, the
application must be on the appropriate form and accompanied by the
prescribed fee. The training organisation must provide the council with
any reasonable information it requires to decide the application.
The council may approve an application for amendment to registration
or refuse to approve it. While the council may refuse to grant an
amendment to registration on any reasonable grounds, it must not grant the
application if after the scope has been amended, the main place of business
or most or all of the training organisation's operations will not be in the
jurisdiction where the application for registration is made.
The council must not grant the application for amendment unless it
considers that the applicant complies with the national standards (other
than the legislative compliance standard) and this Act insofar as the
proposed amendment.
The council will not be required to consider the applicant's compliance
with the standards for registered training organisations when the following
conditions are met:
· the training organisation is already registered in another
jurisdiction; and
· the training organisation has received notice from the registering
body that registered it that the registering body is seeking to
cancel the registration, as its principal place of business or most
of its operations are no longer in the registering body's
jurisdiction.
When deciding on an amendment to a training organisation's scope of
registration, the council may impose reasonable conditions on the
registration which will be effective for the term of the registration. These
conditions will apply nationally. If the council decides to impose a
condition it must notify the training organisation.
Where the council decides to grant the application it must immediately
amend the training organisation's details on the national register, including
any additional conditions imposed on it, and advise the training
organisation of the decision.
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Training Reform Bill 2003
If the council decides not to grant the application, it must advise the
training organisation by an information notice that states the reasons for the
decision and where the appeal against the decision lies.
Removal of registered details on registration expiry or on application
Section 30 provides that the council must remove the details from the
national register when a training organisation's registration has expired or
been cancelled upon the request of the training organisation.
Procedure for amending, suspending or cancelling registration
Section 31 enables the Training Recognition Council to cancel, suspend
or amend the registration of a training organisation, without application, by
fair procedures.
The provisions include a requirement for the Training Recognition
Council to give the training organisation a "show cause notice" that
includes details of the proposed action and the reasons for the action. The
training organisation will be invited to make representations as to why the
action should not be carried out. After considering any grounds put forward
by the organisation, the Training Recognition Council will decide whether
to amend, suspend or cancel the registration and must advise the training
organisation of its decision.
If the Training Recognition Council decides to cancel, suspend or amend
the registration, the council must give the training organisation an
information notice stating the decision, giving reasons for the decision and
also informing of the right of appeal.
An amendment to a training organisation's registration must be the same
as that proposed in the `show cause' notice, unless the training organisation
consents to a new amendment.
A suspension of a training organisation's registration must not be for
more than the proposed maximum suspension period proposed in the `show
cause' notice, unless the training organisation consents to a longer period.
A decision to amend, suspend or cancel a registration takes effect on the
day the information notice is given to the training organisation, or if a later
day is stated in the information, the later day.
However, if the decision is to amend, suspend or cancel the registration
because the training organisation has been convicted of an offence under
section 27, the decision cannot take effect until the end of the time to lodge
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Training Reform Bill 2003
an appeal against a conviction or, if an appeal is lodged, when the appeal is
decided.
Amending, suspending or cancelling registration without application
on particular grounds
Section 32 allows the council to amend, suspend or cancel the
registration of a training organisation if it is found that the:
· registration or part of the scope of registration was obtained
because of false or misleading information (for example, the
organization claimed to have training premises in Queensland
when it did not); or
· training organisation has contravened a condition of its
registration.
· Where one or more of these situations are found, the council
may:
· amend the scope of registration or registration conditions of the
training organisation that was registered by another registering
body , but only to impose a restriction which would only apply in
Queensland; or
· amend the scope of registration, or registration conditions of a
training organisation that it registered, including imposing a
restriction that would apply in Queensland as well as all other
States and Territories;
· suspend the registration or part of the scope of registration of the
training organisation that it registered by imposing a prohibition
applying in Queensland or another State or Territory; or
· cancel the registration of the training organisation that was
registered by it.
The council has primary responsibility for those training organisations
that are registered by it. The council may not impose a restriction on a
training organisation, registered by another registering body, unless the
registering body that registered the training organisation:
· fails to take any steps to deal with the matter within 30 days of
being advised of the matter;
· advises the council that it does not propose taking any action to
deal with the matter;
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Training Reform Bill 2003
· after taking any step, fails to take another step within 30 days; or
advises the council that it does not propose taking another step.
However, this time delay, does not stop the council from taking all steps
necessary to impose a restriction immediately after the 30 day period has
ended.
Restriction imposed by the council must be consistent with the
registration of training organisations, the accreditation of courses under
this chapter, and the Standards for registered training organisations.
Before cancelling the registration of a training organisation, the council
must consult the registering bodies in any other jurisdiction where the
training organisation operates, however, failure to do this does not affect a
cancellation of the registration of a training organisation.
These sanctions apply nationally. Where the registration or part of a
scope of registration is to be suspended in exceptional circumstances (e.g.
risk of harm to a person), the council may direct a training organisation to
stop conducting operations immediately.
Cancelling registration on change of business operations
Section 33 applies where a training organisation no longer has its
principal place of business or no longer conducts all or most of its
operation in Queensland. In these circumstances, the Council may cancel
the training organisation's registration either on an application from the
training organisation or on its own initiative.
Where the council decides to cancel the registration, it must follow the
procedure prescribed under section 31 (Procedure for amending,
suspending or cancelling registration).
Once the procedure required under section 31 has been followed, the
training organisation must return the certificate of registration required by
section 35 (Return of registration certificate).
If, before the end of the time to show cause under section 31, the training
organisation makes a transfer application to another registering body for
registration as a training organisation, the council must not cancel the
registration of the training organisation until the transfer application is
decided.
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Training Reform Bill 2003
Effect of suspension of registration of training organisation
Section 34 applies where the council suspends the registration or part of
the scope of registration of the training organisation that was registered by
it because the registration was obtained by incorrect or misleading
information or because the training organisation has contravened a
condition of its registration.
If a suspension is imposed on a training organisation, the training
organisation must not, for training or assessment provided or to be
provided in operations the subject of the suspension, do anything for any of
the following purposes:
· recruiting or enrolling anyone;
· soliciting or accepting any payment from anyone for their
recruitment or enrolment, or
· starting anyone's training or assessment.
A penalty for non-compliance may apply.
However, if the training organisation had entered into an agreement to
provide training or assessment to anyone before the suspension was
imposed, it may continue to provide the training or assessment or accept
payment for the provision of the training or assessment.
It is the intention of this section that where a part of the scope of
registration of the training organisation has been suspended, the training
organisation may continue training and assessment operations in the part of
the scope that has not been suspended.
A penalty applies to a training organisation which has been directed to
immediately stop operations under section 32(2) but continues to train or
assess anyone. If the training organisation has entered into an agreement to
provide training or assessment to anyone before the suspension was
imposed, it cannot continue to provide the training or assessment.
Return of registration Certificate
Section 35 applies where the council decides to suspend or cancel the
registration of a training organisation. In these cases, the training
organisation must return the registration certificate to the council within 14
days of the decision becoming effective, unless it has a reasonable excuse
(for example, the certificate was burnt in a fire).
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Training Reform Bill 2003
Where the council suspends the registration, it must return the certificate
to the training organisation promptly after the end of the suspension period.
Council to register amendment, suspension or cancellation
Section 36 provides that when the council decides to amend, suspend or
cancel a training organisation's registration, it must register the details on
the national register, for example, the:
· amended scope of registration or registration conditions of the
training organisation; or
· suspended registration or part of the scope of registration of the
training organisation; or
· in the case of a cancellation of the registration of the training
rganisation, remove the registered details from the national
register.
The section also applies to the council that has, under section 32(2),
cancelled the registration of a training organisation.
The section provides that the council must record the amendment or
suspension on the national register. Where the registration of a training
organisation has been cancelled, the council must remove the details of the
training organisation from the national register.
Division 3--Audit Powers
Audit of training organisation registered by the council
Section 37 provides that the council may at any time conduct a
compliance audit of the training organisation. This section applies to a
training organisation registered by the council and any of the training
organisation's operations.
A compliance audit is defined within chapter 2 and can mean either:
· an audit conducted by the council to establish whether the
training organisation complies with the national standards, other
than the legislative compliance standard, and the Act; or
· an audit conducted under a corresponding law, which is an audit
conducted within the meaning of the corresponding law.
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Training Reform Bill 2003
Audit of training organisation registered by another registering body
Section 38 applies to a training organisation registered by a registering
body other than the council, and the training organisation's operations
within Queensland.
The council may consider a compliance audit of the training organisation
that was registered by another registering body if the Council:
· suspects on reasonable grounds that the training organisation
may have contravened the national standards; and
· has advised the other registering body of the suspected
contravention.
The council may conduct the audit if the registering body that registered
the training organisation:
· fails, within 30 days of receiving the advice from council, to take
steps to deal with the suspected contravention to the satisfaction
of the council; or
· advises the council that it does not propose to take any step or
further step to deal with the suspected contravention.
Conduct of audit
Section 39 requires that when conducting a compliance audit, the council
must have regard to the standards for State and Territory registering and
course accrediting bodies. The standards for State and Territory
registering and course accrediting bodies apply nationally and are the
standards that State and Territory registering and course accrediting bodies
must have regard to for:
· evaluation of training organisations to ensure they meet, and
continue to meet, the Standards for Registered Training
Organisations;
· registration of training organisations;
· accreditation of courses; and
· mutual recognition, to ensure national effect.
However, a failure to have regard to the standards for State and Territory
registering and course accrediting bodies is of no effect if:
· the failure does not substantially affect the outcome of the audit;
or
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Training Reform Bill 2003
· the failure arises out of inconsistency between the standards and
legislation of the jurisdiction where the failure arises.
Powers not limited by compliance audit provisions
Section 40 provides that the provision for a compliance audit under this
chapter does not limit the power of any registering body to inquire into the
activities of a registered training organisation or other training
organisation.
Other training organisations include training organisations not registered
under this Bill.
Division 4--Other powers
Function or power may be used to support national scheme
Section 41 applies to a person who exercises a power or performs a
function prescribed under this chapter in relation to:
· a registered training organisation; or
· an applicant for registration (under section 24).
The person may also exercise the same kind of function or exercise the
same kind of power in this jurisdiction:
· at the request of the council - to make inquiries into whether a
training organisation registered by another registering body is
complying with this chapter or a corresponding law; or
· at the request of another registering body from another State or
Territory - to conduct a compliance audit under a corresponding
law on:
· a training organisation registered by the other registering body;
or
· an applicant for registration by the other registering body under a
corresponding law for section 24.
The extent of inquiring would include establishing whether the
registered training organisation is complying with the Act or a
corresponding law. This would include inquiring if the training
organisation is complying with the Standards for Registered Training
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Training Reform Bill 2003
Organisations as compliance with these standards is a condition of
registration.
A compliance audit would be conducted on a training organisation for
the purposes of either assisting a registering body from another State or
Territory in determining an application for registration or in determining
compliance with a condition of a training organisation on-going
registration.
A person's powers and functions under this chapter are not limited by a
request of the council or a request by another registering body from another
State or Territory.
Information may be made available to other registering bodies
Section 42 allows the council to share with the registering bodies in other
jurisdictions information about:
· applications for registration;
· a training organisation's registration;
· a compliance audit performed on a training organisation;
· action taken by the Council in relation to a registered training
organisation;
· the performance of a function or exercise of power by a person at
the request of another registering body.
The section also protects the person disclosing information under this
section from contravening any obligations with regard to the disclosure of
information imposed by another Act or rule of law.
Division 5--Other provisions
Issuing qualifications and statements of attainment
Section 43 provides that a registered training organisation must issue a
qualification or statement of attainment to a person who has:
· undertaken an accredited course or vocational education and
training that is under a AQF at the training organisation and has
attained the skills and knowledge that entitle them to the
qualification or statement of attainment; or
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Training Reform Bill 2003
· been recognised by the registered training organisation as having
the skills and knowledge that entitle them to the qualification or
statement of attainment.
A penalty for non-compliance may apply.
The intent of this section is to ensure that people receive the appropriate
qualification or statement of attainment if they:
· undertake vocational education and training and attain all the
skills and knowledge for a qualification or statement of
attainment; or
· are recognised by the registered training organisation as having
all the skills and knowledge for a qualification or statement of
attainment.
The section also requires that the registered training organisation must
issue the qualification or statement of attainment within 21 days. However,
this requirement is subject to the student having paid all outstanding fees to
the registered training organisation.
Assessment of skills or knowledge by registered training organisation
Section 44 applies where a person has the skills and/or knowledge for
which a qualification or statement of attainment may be issued by a
registered training organisation. The person may make application to a
registered training organisation to have those skills and/or knowledge
assessed to determine if the person can be granted the appropriate
qualification or statement of attainment.
Once the registered training organisation is satisfied that the person
possesses the required skills and knowledge that entitle them to the
qualification or statement of attainment, the registered training organisation
must issue the qualification or statement of attainment to the person within
21 days. However, this requirement is subject to the student having paid all
outstanding fees to the registered training organisation.
The intention of this section is to allow a registered training organisation
to recognise skills and knowledge that a person has attained outside the
institution as being the same as those that would entitle the person to a
qualification or statement of attainment.
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Training Reform Bill 2003
Cancellation of qualification or statement of attainment
Section 45 authorises a registered training organisation to cancel a
qualification or statement of attainment where:
· an error was made in issuing the qualification or statement of
attainment; or
· a document or representation was:
· false or misleading, or omitted a significant particular (for
example, if it is found that a false statement has been made as to
the student's exam results); or
· obtained or made in another improper manner (for example, the
theft and unauthorised use of a training organisation's
qualification forms).
Cancellation action must be taken only by fair procedures contained in a
regulation, and a registered training organisation that cancels a
qualification or statement of attainment must give an information notice to
the holder of the qualification or statement of attainment.
The holder must return the qualification or statement of attainment,
which has been cancelled, to the registered training organisation within 21
days unless the person has a reasonable excuse (for example, if the
qualification or statement of attainment was destroyed in a fire). A penalty
may apply for non-compliance.
A person who considers that a decision made under this section is unfair
may appeal the decision under section 230 of the Act.
However, if the holder commences an appeal to the Magistrates Court
under section 230, but withdraws the appeal or the appeal is dismissed, the
holder must return the qualification or statement of attainment to the
registered training organisation within 21 days.
An offence is created for non-compliance and a penalty may apply.
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Training Reform Bill 2003
PART 4--ACCREDITED COURSE
Division 1--Requirement for accreditation
Offence of falsely claiming to provide an accredited course
Section 46 provides that a person must not claim to provide an accredited
course. A penalty for non-compliance may apply.
A person `claims' to provide an accredited course if:
· the person makes the claim; or
· claims to provide a course that purports to be an accredited
course; or
· does any act likely to induce someone else to believe a course the
person is providing is accredited.
An accredited course is a structured sequence of vocational education
and training that has undergone an accreditation process and leads to an
AQF qualification or statement of attainment.
Applying in this jurisdiction for accreditation
Section 47 provides that a person may apply to the council for
accreditation of a course. The application must be in the approved form
and accompanied by the prescribed fee.
The applicant must also provide the council with any information it
needs when considering the application.
Decision about accreditation
Section 47A provides that the council may approve an application for
accreditation of a course or refuse to approve it. This section applies where
the skills and knowledge attained under a vocational education and training
course are not already recognised in a national training system of
qualifications.
In deciding the application, the course accrediting body must apply the
standards for accreditation of courses.
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Training Reform Bill 2003
However, the council may decide not to grant the application for
accreditation on grounds additional to the standards for accreditation of
courses. The standards for accreditation of courses do not limit the
grounds the council may consider when deciding an application for
accreditation.
Where the council decides to grant the application it must immediately
register the accredited course on the national register. The council must
promptly give the applicant a certificate of accreditation for the course.
If the council decides not to grant the application, it must immediately
give the applicant an information notice of its decision.
A right of appeal exists where the council refuses to grant accreditation
under section 224 of the Act.
Accreditation conditions
Section 47B allows the council when granting accreditation, to impose
reasonable and relevant conditions. Conditions may be imposed to ensure
that the course meets guidelines or continues to be relevant to industry and
the community. These conditions could also include a restriction on
providing the course.
Term of accreditation
Section 47C establishes the term of accreditation to be up to 5 years. A
person who has been granted accreditation of a course may apply for
renewal of the accreditation, but must do so at least three months before the
accreditation term expires.
Procedure for amending accreditation
Section 47D provides that the process for granting or amending the
accreditation of a course is to be prescribed in a regulation.
Cancellation of accreditation on application
Section 47E allows the council to cancel an accreditation if the person
who obtained the accreditation applies for the cancellation.
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Training Reform Bill 2003
Amendment or cancellation of accreditation without application
Section 47F empowers the council to amend or cancel the accreditation
of a course. This action may be taken without application from the person
who was granted accreditation for the course. However, the action can only
be undertaken by fair procedures under a regulation.
The procedures prescribed in the regulation will include the council
giving adequate notice of the intended amendment or cancellation and
inviting representations from the holder of the accreditation.
Where an accreditation is amended, the amendment may take the form
of a new condition being imposed on the accreditation or an existing
condition being changed.
If a decision is made to amend or cancel the accreditation, the council
must give the holder of the accreditation an information notice and
information regarding a right of appeal against the decision.
Reassessment of accredited course
Section 47G allows that the council may undertake a reassessment of an
accredited course to ensure that it continues to meet the needs of industry
and the community. The reassessment of an accredited course only applies
to a course that is accredited by the council under section 47A.
The reassessment must be done by fair procedures prescribed in the
Regulation. These procedures would include the council giving notice of
the reassessment of the accredited course and inviting the holder of the
accreditation to make representations as to why the accreditation should be
retained.
The intention of this section is to allow a mechanism for the council to
reassess an accredited course. A reassessment may be carried out where a
deficiency in the course is indicated either by a lack of use of the course or
by complaints about the course. Also, industry could suggest improvements
to enable the course to better meet its needs. A reassessment may result in a
recommendation that the course be revised and then re-accredited.
Council to give notice of decision and register amendment or
cancellation
Section 47H applies if the council amends or cancels an accreditation
granted by it. If the council amends or cancels an accreditation granted by
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Training Reform Bill 2003
it, it must immediately give an information notice for its decision to the
person on whose application for accreditation was granted.
The council must also register details on the national register of:
· any amendment to a registered accreditation in accordance with
its decision; or
· for a cancellation, remove the registered accreditation.
Return of registration certificate
Section 47I provides that where the council has amended or cancelled
the accreditation of a course, the person on whose application the
accreditation was granted must return the certificate of accreditation for the
course to the Council within 14 days after the decision takes affect, unless
the person has a reasonable excuse. Failure to do so may result in a penalty
for non-compliance.
In instances where the council has amended the accreditation of a
course, the Council must promptly return the certification of accreditation
to the person after amending it.
Expiry of accreditation
Section 47J applies to a course that has been accredited on an application
to the council, and provides that when the accreditation of a course expires,
the council must remove the details of the course from the national register.
Amendment of s24 (Decision about registration)
Clause 10 provides the amendment of section 24 and inserts a note that
sections 27 and 27A deal with the imposition of conditions about continued
suitability for registration, and the training or assessments offered to young
people in the compulsory participation phase.
Insertion of new s27A
Clause 11 inserts the new section 27A.
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Training Reform Bill 2003
Condition -compulsory participation phase
Section 27A provides that the council may impose further conditions, in
addition to those detailed in section 26, on training organisations that
provide training or assessments to young people participating in the
compulsory participation phase, as defined in the Youth Participation in
Education and Training Bill 2003.
Amendment of s 57 (Amending or assigning registered training
contract)
Clause 12 amends section 57 to provide for the Training Recognition
Council's approval of the amendment or assignment of a registered training
contract. If the Training Recognition Council refuses to approve the
amendment or assignment, the council must give the parties an information
notice. The issuing of an information notice is consistent with the appeal
provisions provided in section 230 (Appeal to Industrial Commission
against council or other decision) of the Act.
Amendment of s 59 (Statutory assignment or cancellation of registered
training contract)
Clause 13 amends section 59 to provide for the assignment of the
training contract to occur on the day agreed between the employer and the
purchaser and not when the Training Recognition Council receives notice.
This provision continues to be linked to section 82 (Employer to report
notifiable events) of the Act and the requirement to notify the Training
Recognition Council remains.
Omission of s 60 (Reinstatement in previous position)
Clause 14 omits section 60. This section is replaced by section 139A
(Reinstatement to previous position) of the Industrial Relations Act 1999
(refer "Schedule - Amended Legislation - Industrial Relations Act 1999 -
clause 4" of the Explanatory Notes).
Replacement of s64 (Cancellation for serious misconduct)
Clause 15 replaces section 64 Section 64 is amended to allow an
employer to immediately suspend an apprentice or trainee in circumstances
where the employer reasonably believes that the apprentice or trainee has
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Training Reform Bill 2003
engaged in serious misconduct, and it would be inappropriate for the
employer to immediately continue to train the apprentice or trainee. This
provision also allows for the employer to further apply for cancellation of
the registered apprenticeship or traineeship contract and to provide the
reasons for seeking the cancellation. [Subclause (11) defines the activities
that constitute serious misconduct]
The employer must inform the apprentice or trainee of the suspension by
signed notice stating the apprentice or trainee is suspended, the grounds for
the suspension and whether the employer proposes to apply for
cancellation of the contract.
The employer must within 1 working day after the suspension, notify the
Training Recognition Council of the suspension. The employer must also
within 5 working days, give the council a copy of the suspension notice
stating that the apprentice or trainee is suspended, the grounds for the
suspension and whether the employer proposes to apply for cancellation of
the contract. If the training contract is suspended and the employer does
not state that it is proposed to apply for cancellation of the training
contract, the trainee or apprentice is taken to be stood down without wages
for the stated period, up to a maximum of 1 working day.
If the suspension notice states that the employer proposes to apply for
cancellation of the training contract, the employer is taken to have applied
for the cancellation by giving the council a copy of the suspension notice
and the apprentice or trainee is taken to be stood down without pay until the
council decides the application.
The Training Recognition Council must promptly and in accordance
with fair procedures, decide the application for cancellation of the training
contract or confirm or refuse to confirm the suspension and give the
employer and the apprentice or trainee an information notice for its
decision.
If the employer fails to give the Training Recognition Council a copy of
the suspension notice; or the council refuses to confirm the suspension or
refuses to cancel the contract; or the industrial commission on appeal does
not confirm the suspension or cancellation of the contract, the employer is
required to resume training of the apprentice or trainee and to pay the
apprentice or trainee wages lost during the suspension period.
A right of appeal against the decision of the Training Recognition
Council is provided under section 230 (Appeal to Industrial Commission
against council or other decisions) of the Act.
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Training Reform Bill 2003
Amendment of s 66 (Cancelling registration of training contract)
Clause 16 amends section 66 is amended to extend the right to a party to
a training contract to make application for the exercise of the powers held
by the Training Recognition Council under this section. The Training
Recognition Council will retain the power to act on its own initiative.
An additional event is now included to allow cancellation for failure to
make reasonable progress for reasons other than misconduct, as provided
in section 70 (Definition for div 5) of the Act. For example, the Training
Recognition may cancel a training contract on the basis that an apprentice
or trainee has failed to progress due to a debilitating illness.
Amendment of s 70 (Definition for div 5)
Clause 17 amends section 70 to include a clear indication that failure to
make reasonable progress in training due to an apprentice or trainee's
deliberate neglect or default, constitutes "misconduct".
Cancellation for failure to progress for a reason other than misconduct, is
provided for in section 66 (Cancelling registration of training contract) of
the Act.
Amendment of s 77 (Delayed completion of registered training
contract)
Clause 18 amends section 77 to provide for the Training Recognition
Council's approval of the extension of the nominal term of a registered
training contract. If the Training Recognition Council refuses to approve
the extension of the nominal term, the council must give the parties an
information notice. The issuing of an information notice is consistent with
the appeal provisions provided in section 230 (Appeal to Industrial
Commission against council or other decisions) of the Act.
Amendment of s 78 (Cancellation or completion of registered training
contract terminates employment)
Clause 19 amends section 78 to reflect the omission of section 60
(Reinstatement in previous position) and its replacement with a provision
in section 139A (Reinstatement to previous position) of the Industrial
Relations Act 1999. (Refer "Schedule - Amended Legislation - Industrial
Relations Act 1999 - clause 4" of the Explanatory Notes).
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Training Reform Bill 2003
Amendment of s 83 (Prohibited employers)
Clause 20 amends section 83(4) to extend the circumstances under
which the Training Recognition Council can declare an employer to be a
"prohibited employer" to include instances where the Training Recognition
Council reasonably believes an employer behaves, or allows his or her
employees to behave, in an objectionable way towards an apprentice or
trainee.
Amendment of s 86 (Temporary stand down under a registered
training contract)
Clause 21 amends section 86 to provide for the Training Recognition
Council, when it decides an application for temporary stand down, to
promptly give the parties an information notice. The issuing of an
information notice is consistent with the appeal provisions provided in
section 230 (Appeal to industrial commission against council or other
decisions) of the Act.
Insertion of new ch 3A
Clause 22 inserts:
After section 106 insert:
CHAPTER 3A--SPECIAL PROVISIONS TO
COMPLEMENT COMPULSORY PARTICIPATION
PHASE
Insertion of new Chapter 3A
Chapter 3A will provide for the special provisions to complement the
compulsory participation phase.
Relationship with other legislation
Section 106A outlines the relationship between the Training Reform Bill
2003 and the Youth Participation in Education and Training Bill 2003.
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Training Reform Bill 2003
Ministerial declaration `Stepping forward: improving pathways for all
young people'
Section 106B refers to the ministerial declaration "Stepping Forward:
improving pathways for all young people". It states that while the
declaration itself is not part of the Act, an objective of the Act is to
implement initiatives consistent with the declaration.
Insertion of new s106C
Clause 23 inserts the new 106C:
Chief executive to ensure diversity of employment skills development
programs
Section 106C prescribes the Chief Executive's responsibility for
ensuring that employment skills development programs are developed to
meet the diverse needs of young people, and that they are accessibile by
young people participating in the compulsory participation phase.
This provision recognises that young people have diverse talents and
skill sets and participation in an employment skills development program
may provide young people with an opportunity to realise their potential.
The clause also allows the chief executive to provide employment skills
development programs.
Amendment of Chapter 5, Part 1, heading
PART 1--TRAINING OMBUDSMAN
Clause 24 amends the heading of chapter 5 from "Apprenticeship and
Traineeship Ombudsman" to "Training Ombudsman" to better reflect the
Ombudsman's new role.
Amendment of s133 Appointing Apprenticeship and Traineeship
Ombudsman
Clause 25 amends s133 to change the Apprenticeship and Traineeship
Ombudsman's title to Training Ombudsman.
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Training Reform Bill 2003
Amendment of s134 Functions of Ombudsman
Clause 26 adds a new subsection to s134. The new subsection outlines
the Ombudsman's new function of reviewing, on application, the Training
and Employment Recognition Council's decision regarding an application
for an employment exemption.
This clause also renumbers the subsections of s134 accordingly.
Amendment and relocation of Chapter 5, Part 1, Division 2, heading
Clause 27 relocates the Chapter 5, Part 1, Division 2 heading to after
section 135.
Renumbering of Chapter 5, Part 1, Division 3
Clause 28 renumbers Chapter 5, Part 1, Division 3 as Division 4.
Insertion of new Chapter 5, Part 1, Division 3
Division 3 - Reviewing decisions about employment exemptions
Clause 29 inserts a new Chapter 5, Part 1, Division 3 - Reviewing
decisions about employment exemptions.
The clause inserts a new section 141A outlining who may apply for a
review of the council's decision regarding an application for an
employment exemption.
Who may apply for review
Section 141A provides for a young person or their parent to apply to the
ombudsman for a review of an adverse decision by the council about an
employment exemption for the young person.
This section also provides that an adverse decision about an employment
exemption means a decision by the council refusing to grant an
employment exemption, or a decision by the council to amend or cancel an
employment exemption.
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Training Reform Bill 2003
How to apply for review
Section 141B details how to apply to the ombudsman for a review of an
adverse decision about an employment exemption.
The application for review must be in the approved form, give the
particulars of the decision, stating in detail the grounds on which the
applicant disputes the decision and be made within 30 days after the
information notice for the decision is given to the applicant or within the
longer period if the ombudsman allows.
Council to provide material to ombudsman
Section 141C requires the council, at the written request of the
ombudsman stating receipt of an application for review, to give the
ombudsman a copy of the material before the council in making its
decision.
Ombudsman to review decision and report findings
Section 141D provides that on application, the ombudsman is to review
the council's adverse decision on an application for an employment, and
report its findings.
This section also provides that the ombudsman must, as soon as
practicable after completing the review, give the applicant and the
interested person signed notice of the findings of the review, as well as give
the council and the Minister a signed report of the review. The report must
include any findings and recommendation/s the ombudsman considers
appropriate.
Section 141D(2) requires that the notice given to the young person and
their parent, must state that a person aggrieved by the decision may, within
21 days after being given the notice, appeal the decision and how to appeal
the decision.
If the ombudsman includes a recommendation/s in its report to the
Minister and the council, the Minister may ask the council to notify the
Minister within a certain period of time of any steps that have been taken to
give effect to the recommendation/s, or if no steps have been taken, or are
planned to be taken, the reason for not giving effect to the
recommendation/s.
Section 141D (5) states the ombudsman must not make an adverse
comment in the report to the Minister and the council, about a person,
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Training Reform Bill 2003
unless the person is given an opportunity to respond. If the report is to
include an adverse comment about a person, then the report must also fairly
state the person's response to the adverse comment.
Section 141D (6) defines "interested person" for the purpose of this
section.
Amendment of s145 (Annual report)
Clause 30 amends s145 (1) so that the ombudsman must give its annual
report to the Minister within 4 months after the end of the financial year.
Changing the timeframe from 3 months to within 4 months is in keeping
with the Financial Administration and Audit Act 1977.
Amendment of s147 (Board's functions)
Clause 31 inserts a new subsection 147(1)(d) giving the Training and
Employment Board a new function to recommend to the Minister
guidelines for the board or council about the recognition of learning and
qualifications within the education and training systems.
The guidelines are to assist in recognising the value and transferability of
skills and knowledge that a young person gains through participation in
both the education and training systems.
The clause also inserts a further amendment giving the Training and
Employment Board new functions to recommend to the Minister guidelines
for the board and council in regard to the decisions about employment
exemptions; and guidelines for the recognition of non-departmental
employment skills programs detailed in section 183D.
Amendment of s149 (Board membership)
Clause 32 provides for two new categories of membership on the
Training and Employment Board. One member must be a young adult with
current or recent student experience in vocational education and training
and one member is to be nominated by the Minister responsible for
administering the Youth Participation in Education and Training Act 2003.
The new categories of membership are designed to strengthen the
relationship between the schooling and vocational education and training
systems, providing for greater understanding, innovation and recognition
between the systems.
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Training Reform Bill 2003
Amendment of s165 (Report on board's operations)
Clause 33 amends s165 (1) so that the Training and Employment Board
must prepare and give to the Minister within 4 months after the end of the
financial year, a report on its operations. Changing the timeframe from 3
months to within 4 months is in keeping with the Financial Administration
and Audit Act 1977.
Amendment of Chapter 5, Part 3, heading (Training recognition
council)
Clause 34 amends the heading of Chapter 5, Part 3 from "Training
Recognition Council" to "Training and Employment Recognition
Council". This reflects the change in the council's name.
Amendment of s167 (Establishment of council)
Clause 35 amends the name of the council to "Training and Employment
Recognition Council". This change in name reflects the council's new
function of hearing applications for employment exemptions.
Replacement of s168 (Council's functions)
Clause 36 replaces the existing s168 to include that the council is to
advise the Training and Employment Board on policy and guidelines for
the making of decisions about employment exemptions and the recognition
of learning and qualifications within the education and training system.
This clause provides for a new s168(4) requiring the council to have
regard to industry when fulfilling its functions. Industry is integral to the
success of the vocational education and training system and to ensure the
relevance of the system, the council must be cognisant of the needs and
views of industry.
Amendment of s168 (Council's functions)
Clause 37 amends s168 to include additional functions of the council.
These amendments will authorise the council to advise the board on policy
and guidelines for making decisions about employment exemptions and
recognising non-departmental employment skills development programs
for the purposes of the Youth Participation in Education and Training Act
2003.
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Training Reform Bill 2003
The clause also authorises the council to grant employment exemptions,
and recognise non-departmental employment skills development programs
for the purposes of the Youth Participation in Education and Training Act
2003.
When granting employment exemptions, and recognising non-
departmental employment skills development programs, the council must
adhere to guidelines approved by the Minister pursuant to s189.
The council is required to maintain a register of recognised non-
departmental employment skills development program. The register will
be physically held at the offices of the Department of Employment and
Training, level 4, 30 Mary Street, Brisbane.
Amendment of s169 (Council subject to Minister and board)
Clause 38 provides for renumbering of s169(2).
Amendment of s170 (Council membership)
Clause 39 provides for a new category of membership of the Training
and Employment Recognition Council. A member of the council is to be
nominated by the Minister administering the Youth Participation in
Education and Training Act 2003.
The new category of membership is designed to strengthen the
relationship between the schooling and vocational education and training
systems, providing for greater understanding, innovation and recognition
between the systems.
The clause also provides for renumbering.
Insertion of new Chapter 5, Part 3, Divisions 5A and 5B
Clause 40 provides for the insertion of a new division regarding the
council's function to decide applications for employment exemptions.
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Training Reform Bill 2003
Division 5A--Deciding employment exemptions
Application for employment exemptions
Section 183A prescribes that a young person in the compulsory
participation phase or their parent may apply to the council for an
employment exemption. The application must be in the approved form and
the applicant must give the council any information required by it to make
a decision. "Employment exemption" means an exemption from the
compulsory participation phase for a young person who is employed for
less than 25 hours each week in paid employment, or in unpaid
employment.
In granting an employment exemption the Council must have regard to
any approved guideline pursuant to s189, for making decisions about
employment exemptions.
Employment exemption is defined to mean an exemption from the
compulsory participation phase for a young person who is in paid
employment for less than 25 hours each week; or in unpaid employment.
Decision about employment exemption
Section 183B gives the council the power to either grant or refuse to
grant the employment exemption. If the council grants the application, it
must immediately give the applicant a notice of the decision called an
"exemption notice".
If the council decides to refuse to grant the application, the council must
immediately give the applicant a notice of the decision called an
"information notice". The information notice must state the decision, the
reasons for the decision, the day the decision is to take effect, and inform
the young person or the parent of the young person, that within 30 days of
receiving the notice, they can apply to have the decision reviewed by the
ombudsman or appeal the decision. The information notice must also
provide information on how to apply for a review and how to appeal.
Amending or cancelling employment exemption
Section 183C gives the council the power to amend or cancel an
employment exemption.
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Training Reform Bill 2003
The council can amend or cancel the employment exemption on
application by the young person or the young person's parent, or on its own
initiative.
An application to amend or cancel the exemption must be in the
approved form.
If the council decides to amend the exemption, it must immediately give
notice (also an "exemption notice") of the decision to the applicant and an
interested person; or otherwise to the young person and a parent of the
young person. An amended employment exemption replaces any earlier
employment exemption for the young person.
If the council decides to cancel the employment exemption, it must
immediately give notice (also an "information notice") of the decision to
the applicant and an interested person; or otherwise to the young person
and a parent of the young person.
A notice issued under s183C must include the decision, the reasons for
the decision and the day the decision has effect. The notice must also
include information that the young person or their parent may, within 30
days after receiving the notice, apply to have the council's decision
reviewed by the ombudsman or appeal to the Magistrates Court. The notice
must include information about how to apply for a review and appeal the
decision.
Section 183C (6) defines "interested person" for the purpose of this
section.
Division 5B--Recognising non-departmental employment skills
development programs
Council may recognise program
Section 183D authorises the council to recognise a non-departmental
employment skills development program for the purposes of the Youth
Participation in Education and Training Act 2003.
Non-departmental employment skills development programs are defined
within the section to mean an employment skills development program
other than a departmental employment skills development program as
defined under section 106C(2) .
The clause also provides that the council may withdraw its recognition
by fair procedures under a regulation.
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Training Reform Bill 2003
Council must maintain register
Section 183E requires the council to maintain a register of non-
departmental employment skills development programs recognised under
section 183D. The register will be physically held at the offices of the
Department of Employment and Training, 4th Floor, 30 Mary Street,
Brisbane.
Amendment of s187 (Establishing committees)
Clause 41 amends s187 to give the council broader power to establish
committees to help it perform its functions under this Act.
Amendment of s196 (Composition of TAFE institute council)
Clause 42 amends s196 so that other appointed members to the council
must be two young adults having current or recent student experience in
vocational education and training, and a person nominated by the Minister
administering the Youth Participation in Education and Training Act 2003.
The new categories of membership are designed to strengthen the
relationship between the schooling and vocational education and training
systems, providing for greater understanding, innovation and recognition
between the systems.
Amendment of s211 (Report on TAFE institute council's operations)
Clause 43 amends s211 (1) so TAFE institute councils must give their
annual report to the Minister within 4 months after the end of the financial
year. Changing the timeframe from 3 months to within 4 months is in
keeping with the Financial Administration and Audit Act 1977.
Amendment of s217 (Chief Executive's functions for TAFE institutes)
Clause44 gives the Chief Executive new functions in relation to TAFE
institutes.
A new s217(1)(f) has been inserted to give the Chief Executive the
function of improving the participation of young people in education and
training by attracting them and supporting them in vocational education
and training resulting in a qualification or statement of attainment.
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Training Reform Bill 2003
A new s217(1)(g) has also been inserted to ensure rural, remote and
indigenous communities are given support, advice or other help in
developing services in their communities to better facilitate access to
education and training for young people in those communities.
In addition, a new s217(1)(h) has been inserted requiring the chief
executive, through the TAFE institutes, to participate in the development of
whole of community planning in relation to young people in the
compulsory participation phase.
A new s217(2) has also been inserted to ensure that the provision of
vocational education and training services under s271(1)(a) includes the
provision of vocational education and training services to young people
participating in the compulsory participation phase.
Amendment of Chapter 8, Part 1, heading (Training recognition
decisions)
Clause 45 amends the heading of Chapter 8, Part 1 to "Training
recognition decisions and employment exemption decisions".
Amendment of s224 (Appeal to Magistrates Court)
Clause 46 amends s224 to provide that a person aggrieved by a decision
about an employment exemption can appeal to the Magistrates Court.
Amendment of s230 (Appeal to industrial commission against council
or other decisions)
Clause 47 amends section 230 to extend the right of appeal to the
Queensland Industrial Relations Commission against a decision of the
Training Recognition Council's refusal to exercise a power.
Appeal provisions for section 64 (Suspension and cancellation for
serious misconduct) are included in section 230 (Appeal to industrial
commission against council or other decisions) of the Act.
Amendment of s291 (Regulation-making power)
Clause 48 amends s291 to provide that without limiting the regulations
the Governor in Council can make under this Act, the Governor in Council
can make regulations for the registration of training organisations as
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Training Reform Bill 2003
outlined in s21 of the Act and not otherwise provided for by Chapter 2, and
for the prescription of a law from another jurisdiction as a corresponding
law for Chapter 2 or a provision of Chapter 2.
Amendment of Chapter 10 heading (Amendments, repeals and
transitional provisions)
Clause 49 removes "Amendments" from Chapter 10's heading.
Renumbering of Chapter 10, Part 2 (Repeals)
Clause 50 provides for the renumbering of Chapter 10, Part 1.
Amendment of Chapter 10, Part 3, heading (Transitional provisions)
Clause 51 amends the heading of Chapter 10, Part 3 stating that the
transitional provisions are specific to Act No.23 of 2000.
Insertion of new Chapter 10, PART 3
PART 3--TRANSITIONAL PROVISIONS FOR
TRAINING REFORM ACT 2003
Clause 52 inserts a new Chapter 10, Part 3 heading: "Transitional
Provisions for Training Reform Amendment Act 2003".
Clause 52 also inserts a new Division 1 - General Transitional
Provisions.
References to Training and Employment Act 2000
Section 317 provides that a reference to the Training and Employment
Act 2000 may be taken, if the context permits, as a reference to this Act.
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Training Reform Bill 2003
Apprenticeship and traineeship ombudsman
Section 318 provides that in an Act or document, a reference to the
Apprenticeship or Traineeship Ombudsman may, if the context permits, be
taken as a reference to the Training Ombudsman.
Section 318 also provides that the person who was the Apprenticeship
and Traineeship Ombudsman immediately before the commencement of
this section, is taken to be "Training Ombudsman", until the end of the
term of their current appointment.
Section 318 also provides that the Act does not affect anything done or
existing in relation to the ombudsman before the commencement of this
section.
Training Recognition Council
Section 319 provides that the Training Recognition Council will
continue in existence as the Training and Employment Recognition
Council.
Section 319 also provides that a reference to the Training Recognition
Council may, if the context permits, be taken as a reference to the Training
and Employment Recognition Council.
The section also provides that a person who was a member of the
Training Recognition Council immediately before the commencement of
this section, is taken, for the remaining term of the person's appointment, to
be a member of the Training and Employment Recognition Council.
Section 319 also provides that the Act does not affect anything done or
existing in relation to the council before the commencement of this section.
Amending or assigning registered training contract
Section 320 provides that the old section 57 (Amending or assigning
registered training contract), continues to apply to a training contract
registered before the commencement as if the new section 12 (Amendment
of s57) had not been enacted.
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Training Reform Bill 2003
Appeal to the industrial relations commission against council or other
decision
Section 321 provides that the old section 230 (Appeal to industrial
commission against council or other decisions) continues to apply in
relation to a decision mentioned in the old section 230 that was made
before the commencement as if the new section 47 (Amendment of s230
Appeal to industrial commission against council or other decisions) had not
been enacted.
Amendment of subordinate by Act does not affect power of Governor
in Council's
Section 322 provides that the amendment of subordinate legislation by
this Act does not affect the Governor in Council's power to further amend
the subordinate legislation or repeal it.
Division 2--Transitional provisions for training organisations
Definitions for div 2
Section 323 details the definitions for Division 2 - Transitional
Provisions for training organisations.
This section sets out definitions for "commencement" which means the
commencement of this section, and "old" which means in relation to a
provision, the provision as in force immediately before the
commencement.
Details on register on commencement
Section 324 provides that the following details recorded on the National
Training Information Service at the time of commencement, are taken to be
registered under chapter 2 or a corresponding law by the entity that
recorded:
· the training organisation's registration;
· the training organisation's scope and terms of registration;
· any registered conditions;
· the registration of an accredited course;
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Training Reform Bill 2003
· an accredited course's term of registration; and
· a qualification registered for a nationally endorsed training
package.
Similarly, the new section 324 provides that a condition of a registered
training organisation in force at commencement, is taken to be a condition
imposed under chapter 2 or a corresponding law under which a similar
condition may be imposed in similar circumstances to those applying when
the condition was imposed.
Application for registration
Section 325 provides that an application for registration of a training
organisation made under the old section 18 (Applying for registration) and
not decided by the council before commencement is, after commencement,
taken to have been made under the new section 23 (Applying in this
jurisdiction for registration) and to have been accompanied by the
prescribed fee.
Contravention of registration condition
Section 326 provides that if, before commencement, a registered training
organisation contravenes a condition stated in its certificate of registration,
the old chapter 2, in particular the old section 23(2) (Registration
conditions) and the old section 28(b) (Grounds for amending, suspending
or cancelling registration without application) continue to apply after
commencement in relation to the contravention as if those provisions had
not been repealed.
Return of registration certificate
Section 327 provides that if, before commencement, the council
cancelled the registration of a training organisation under the old section 27
(Amending or cancelling registration on application by registered training
organisation), the old section 27(2) continues to apply in relation to the
organisation as if the old section 27 had not been repealed. The new section
327 also provides that if, before commencement, the council amended,
suspended or cancelled the registration of a training organisation under the
old section 29 (Procedure for amending, suspending or cancelling
registration), the old section 30 (Return of registration certificate)
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Training Reform Bill 2003
continues to apply after commencement in relation to the organisation as if
the old section 30 had not been repealed.
Show cause notice issued
Section 328 applies if, before commencement a show cause notice was
issued under the old section 29 (Procedure for amending, suspending or
cancelling registration) and the council has not made a decision or if the
council has made a decision but the decision has not taken effect. If the new
section 328 applies, it provides that the old Chapter 2, Part 1, Division 2
(Training organisations - Provisions about amending, suspending and
cancelling registration) continues to apply after commencement in relation
to the show cause notice and the council's decision as if it had not been
repealed.
Issuing qualifications and statement of attainment
Section 329 applies if, before commencement a student has complied
with the old section 34(Issuing qualifications and statements of attainment)
(1)(a) or has been recognised under the old section 34(1)(b) and the
registered training organisation has not issued the appropriate qualification
or statement of attainment. If the new section 329 applies, the old section
34 (2) continues to apply after commencement as if it had not been
repealed.
Assessment of skills or knowledge
Section 330 applies if before commencement a registered training
organisation has assessed a person's skills or knowledge for the purposes of
the old section 35 (Assessment of skills or knowledge by registered
training organisation) and the organisation has not issued the appropriate
qualification or statement of attainment. If the new section 330 applies, the
old section 35(3) continues to apply after commencement as if it had not
been repealed.
Return of qualification or statement of attainment
Section 331 applies if before commencement a registered training
organisation cancels a qualification or statement of attainment under the
old section 36 (Cancellation of qualification or statement of attainment),
and the person to whom the qualification or statement of attainment was
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Training Reform Bill 2003
issued has not returned it to the organisation. If the new section 331
applies, the old section 36(2) continues to apply after commencement as if
it had not been repealed.
Application for course accreditation
Section 332 applies if, before commencement an entity applies for the
grant of an accreditation for a course under the old section 38 and the
council has granted or refused to grant the accreditation. If the new section
332 applies, the old sections 38 (Council may accredit courses), 40 (How
council may deal with application), 41 (Accreditation conditions) and 44
(Procedure for granting and amending accreditation) continue to apply
after commencement as if the provisions had not been repealed. In
addition, section 47C (Term of accreditation) applies in relation to the term
of accreditation.
Amendment or cancellation of accreditation without application
Section 333 applies if, before commencement the council begins the
process to amend or cancel an accreditation under the old section 45
(Amendment or cancellation of accreditation without application) without
application by the entity to whom it was granted and the council has not
made a decision, or if the council has made a decision, the decision has not
taken effect. If section 333 applies, then section 47F (Amendment or
cancellation of accreditation without application) applies in relation to the
process and decision.
Amendment of schedule 3 (Dictionary)
Clause 53 provides the meaning of terms used in this Act, not previously
defined.
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Training Reform Bill 2003
Insertion of new attachment
ATTACHMENT--MINISTERIAL DECLARATION
`STEPPING FORWARD: IMPROVING THE
PATHWAYS FOR ALL YOUNG PEOPLE'
Clause 54 inserts the Ministerial Declaration `Stepping Forward:
improving the pathways for all young people' as an attachment to this Act.
The declaration sets out the commitment by Ministers for Education,
Employment, Training, Youth Affairs and Community Services to
developing practical ways to increase the social, educational and
employment outcomes of Australia's young people, including those who
are at risk, disconnected or in vulnerable circumstances.
PART 3--AMENDMENTS OF AGRICULTURAL
COLLEGES ACT 1994
Act amended in Part 3
Clause 55 provides that this part amends the Agricultural Colleges Act
1994.
Insertion of new s4A
Clause 56 inserts a new section 4A, referring to the ministerial
declaration "Stepping Forward: improving pathways for all young people".
It provides that an objective of the Agricultural Colleges Act 1994 is to
implement initiatives consistent with the declaration and that the
declaration is an attachment to the Act.
Amendment of s7 (Functions of college board)
Clause 57 provides for s7(3) to be renumbered to provide for new
provisions outlining the functions of the board.
The clause also inserts a new s7(3)(h) to provide that the board is to
improve the participation of young people in training by attracting them
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Training Reform Bill 2003
and supporting them in training resulting in a qualification or statement of
attainment.
The clause also inserts a new s7(3)(ha) to provide that without limiting
the training the college may provide, the college is to ensure it provides
training for young people participating in the compulsory participation
phase.
The clause also inserts a new s7(3)(hb) requiring the board to ensure the
community the college serves is given support, advice or other help in
developing services in the community that facilitates better access to
education and training for young people in the community.
A new s7(4) provides definitions specific to this section. S7(4) defines
"qualification" and "statement of attainment" as defined in schedule 3 of
the Vocational Education Training and Employment Act 2003 and
"compulsory participation phase" as defined in the Youth Participation in
Education and Training Act 2003.
Amendment of s13 (Official members)
Clause 58 renumbers s13 subsection (2)(e) to s13(2)(f).
Insertion of new attachment
ATTACHMENT--MINISTERIAL DECLARATION
`STEPPING FORWARD: IMPROVING THE
PATHWAYS FOR ALL YOUNG PEOPLE'
Clause 59 inserts the Ministerial Declaration `Stepping Forward:
improving the pathways for all young people' as an attachment to this Act.
The declaration sets out the commitment by Ministers for Education,
Employment, Training, Youth Affairs and Community Services to
developing practical ways to increase the social, educational and
employment outcomes of Australia's young people, including those who
are at risk, disconnected or in vulnerable circumstances.
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Training Reform Bill 2003
PART 4--CONSEQUENTIAL AMENDMENTS
Amended legislation schedule
Clause 60 provides that the schedule amends the legislation mentioned
in it to reflect the new title of the Act as Vocational Education Training and
Employment Act 2000 and the new title of the council as the Training and
Employment Recognition Council.
This clause also provides for specific amendments to the Industrial
Relations Act 1999--
INDUSTRIAL RELATIONS ACT 1999
Amendment of section 138A(4) Termination of employment during
probationary period) and footnote, "the Training and Employment Act
2000, section 60"
This provision is amended to provide for the omission of section 60
(Reinstatement to previous position) of the Act and its replacement with
section 139A (Reinstatement to previous position) of the Industrial
Relations Act 1999. Section 138A(4) provides for the termination of an
apprentice or trainee during the probationary period, however this does not
apply if section 139A (Reinstatement to previous position) is applicable.
Insertion of section 139A (Reinstatement to previous position)
A new section 139A is inserted into the Industrial Relations Act 1999
and replaces the omitted section 60 (Reinstatement to previous position) of
the Training and Employment Act 2000. Increasingly people who have
experience in the workplace and are already employed are being offered
apprenticeships or traineeships. This provision provides for the
maintenance of entitlements of existing workers who become apprentices
and trainees and assures continuity of employment on completion or
cancellation of their training contract under the Training and Employment
Act 2000, regardless of the circumstances. Existing workers are deemed to
be reinstated in their previous position, whether that position is available or
not, on at least the same pay and conditions as applied to the previous
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Training Reform Bill 2003
position immediately before the apprenticeship or traineeship if any of the
following events happen--
(a) the Training Recognition Council refuses to register the person's
training contract;
(b) the training contract is cancelled;
(c) the apprenticeship or traineeship ends before the probationary
period; and
(d) the person completes the apprenticeship or traineeship.
Chapter 3 (Dismissals) Industrial Relations Act 1999 applies if the
person is subsequently dismissed. The person retains all rights and
entitlements accrued in the previous position under this Act or an industrial
instrument, and is not specifically excluded from Chapter 3 by virtue of
having undertaken the apprenticeship or traineeship.
© State of Queensland 2003