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Queensland
Further Education and
Training (Training
Ombudsman) and Another Act
Amendment Bill 2015
Queensland
Further Education and Training (Training
Ombudsman) and Another Act
Amendment Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Further Education and Training Act 2014
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 64 (Declaration of restricted calling) . . . . . . . . . 6
5 Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Chapter 4A Training Ombudsman
Part 1 Preliminary
112A Definitions for ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 2 Training ombudsman and office of the training
ombudsman
Division 1 General
112B Training ombudsman and office . . . . . . . . . . . . . . . . . 8
112C Control of the office . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Functions and powers of training ombudsman
112D Functions of training ombudsman . . . . . . . . . . . . . . . 9
112E Powers of training ombudsman . . . . . . . . . . . . . . . . . 11
Division 2 Dealing with complaints
112F Training ombudsman may refuse to deal with particular
complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
112G Training ombudsman to refuse to deal with complaint subject
of review or appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
112H Referral of complaint to chief executive . . . . . . . . . . . 13
112I Complainant may ask training ombudsman to further deal
with complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Further Education and Training (Training Ombudsman) and Another Act Amendment
Bill 2015
Contents
112J Assessment of, and recommendations about, particular
complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
112K Assessment of, and recommendations about, prescribed
decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
112L Giving information or notice about particular complaints 16
112M Training ombudsman may enter into information sharing
arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
112N Power to require information or attendance . . . . . . . . 17
112O Custody of document given to training ombudsman . 18
112P Report containing adverse comment . . . . . . . . . . . . . 18
Part 3 Minister's powers
112Q Minister may refer matters to training ombudsman . . 19
112R Minister may give statement of expectations . . . . . . . 19
112S Minister may request information from training ombudsman
20
Part 4 Administration matters
Division 1 Provisions relating to the training ombudsman
112T Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
112U Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 21
112V Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 21
112W Disqualification as training ombudsman . . . . . . . . . . . 21
112X Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
112Y Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
112Z Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . 22
112ZA Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2 Other matters
112ZB Preservation of existing rights and entitlement. . . . . . 23
112ZC Criminal history report . . . . . . . . . . . . . . . . . . . . . . . . 24
112ZD Criminal history reports confidential . . . . . . . . . . . . . . 25
112ZE New convictions must be disclosed . . . . . . . . . . . . . . 25
112ZF Office not a statutory body for particular Acts . . . . . . 26
112ZG Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
112ZH Training ombudsman and staff not subject to direction 26
112ZI Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
6 Amendment of s 173 (Appeal to Industrial Court on question of law) 27
7 Amendment of s 188 (False or misleading statements to official) 27
8 Amendment of s 194 (Protection from liability). . . . . . . . . . . . . . . 27
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Further Education and Training (Training Ombudsman) and Another Act Amendment
Bill 2015
Contents
9 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 3 Amendment of Public Service Act 2008
10 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
11 Amendment of sch 1 (Public service offices and their heads) . . . 29
Page 3
2015
A Bill
for
An Act to amend the Further Education and Training Act 2014
to establish the office of the training ombudsman and for
related purposes, and to amend the Public Service Act 2008 for
a particular purpose
Further Education and Training (Training Ombudsman) and Another Act Amendment
Bill 2015
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Further Education and Training 4
(Training Ombudsman) and Another Act Amendment Act 5
2015. 6
Clause 2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Part 2 Amendment of Further 9
Education and Training Act 10
2014 11
Clause 3 Act amended 12
This Act amends the Further Education and Training Act 13
2014. 14
Clause 4 Amendment of s 64 (Declaration of restricted calling) 15
Section 64(3)-- 16
omit. 17
Clause 5 Insertion of new ch 4A 18
After section 112-- 19
insert-- 20
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Further Education and Training (Training Ombudsman) and Another Act Amendment
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Part 2 Amendment of Further Education and Training Act 2014
[s 5]
Chapter 4A Training 1
Ombudsman 2
Part 1 Preliminary 3
112A Definitions for ch 4A 4
In this chapter-- 5
complainant means a person who gives the 6
training ombudsman a complaint about a 7
referable matter. 8
compliance matter means a matter about 9
compliance with this Act by an apprentice, 10
trainee, employer or supervising registered 11
training organisation. 12
notice means a written notice. 13
office means the office of the training 14
ombudsman established under section 112B(2). 15
pre-qualified supplier means a registered 16
training organisation that has entered into a 17
current Vocational Education and Training 18
Pre-Qualified Supplier Agreement with the 19
department. 20
prescribed decision means a decision of the chief 21
executive under any of the following sections-- 22
(a) section 17(2); 23
(b) section 20(8); 24
(c) section 23(4); 25
(d) section 47(1); 26
(e) section 50(2); 27
(f) section 101(1). 28
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Further Education and Training (Training Ombudsman) and Another Act Amendment
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[s 5]
referable matter, for a complaint, see section 1
112D(1)(a). 2
referral entity, for a complaint, means an entity 3
other than the chief executive, whose functions 4
include dealing with a matter the subject of the 5
complaint. 6
Part 2 Training ombudsman 7
and office of the 8
training ombudsman 9
Division 1 General 10
112B Training ombudsman and office 11
(1) There must be a training ombudsman. 12
(2) An office called the office of the training 13
ombudsman is established. 14
(3) The office consists of the training ombudsman 15
and the staff of the office. 16
112C Control of the office 17
(1) The training ombudsman controls the office. 18
(2) Subsection (1) does not prevent the office being 19
attached to the department to ensure the office 20
has the administrative support services it requires 21
to carry out the training ombudsman's functions. 22
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Further Education and Training (Training Ombudsman) and Another Act Amendment
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Part 2 Amendment of Further Education and Training Act 2014
[s 5]
Division 2 Functions and powers of 1
training ombudsman 2
112D Functions of training ombudsman 3
(1) The training ombudsman has the following 4
functions-- 5
(a) to receive complaints about any of the 6
following matters (each a referable 7
matter)-- 8
(i) the provision of vocational education 9
and training by a relevant training 10
entity in Queensland; 11
(ii) the quality of vocational education and 12
training provided by a relevant training 13
entity in Queensland; 14
(iii) a matter relating to an apprenticeship 15
or traineeship in Queensland, including 16
a decision by the chief executive about 17
a training contract or the declaration of, 18
or nominal term for, an apprenticeship 19
or traineeship; 20
(iv) a compliance matter or a prescribed 21
decision; 22
(v) a matter involving a pre-qualified 23
supplier; 24
(b) to help people in making complaints to a 25
referral entity; 26
(c) to refer complaints to a referral entity or 27
otherwise deal with complaints under this 28
Act; 29
(d) to give information or advice to a 30
complainant about the complainant's 31
complaint; 32
(e) to monitor the outcome of complaints; 33
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Further Education and Training (Training Ombudsman) and Another Act Amendment
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(f) to make recommendations to the chief 1
executive about apprenticeships and 2
traineeships, including the declaration of, or 3
nominal term for, an apprenticeship or 4
traineeship; 5
(g) to identify, and report to the Minister about, 6
issues relating to the provision of vocational 7
education and training in Queensland and its 8
quality; 9
(h) to make recommendations to the Minister 10
about-- 11
(i) ways to improve the department's 12
systems, policies and processes 13
relating to pre-qualified suppliers and 14
supervising registered training 15
organisations; and 16
(ii) matters relating to apprenticeships and 17
traineeships in Queensland; and 18
(iii) strategies to improve the quality of 19
vocational education and training in 20
Queensland; 21
(i) to carry out promotional and educational 22
activities relating to vocational education 23
and training in Queensland; 24
(j) to undertake or promote reviews of, or 25
research into, matters relating to the training 26
ombudsman's functions, including reviews 27
or research requested by the Minister; 28
(k) other functions conferred on the training 29
ombudsman under this Act or another Act. 30
(3) In this section-- 31
relevant training entity means-- 32
(a) a registered training organisation; or 33
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(b) a supervising registered training 1
organisation; or 2
(c) an employer employing an apprentice or 3
trainee. 4
112E Powers of training ombudsman 5
The training ombudsman has power to do all things 6
necessary or convenient to be done for, or in 7
connection with, the performance of the training 8
ombudsman's functions. 9
Division 2 Dealing with complaints 10
112F Training ombudsman may refuse to deal with 11
particular complaint 12
(1) The training ombudsman may refuse to deal, or 13
to continue to deal, with a complaint if-- 14
(a) the circumstances giving rise to the 15
referable matter for the complaint happened 16
more than 12 months before the complaint 17
was made; or 18
(b) the training ombudsman reasonably 19
believes-- 20
(i) the complaint is frivolous or vexatious; 21
or 22
(ii) the complaint lacks substance; or 23
(iii) the complainant does not have a 24
sufficient interest in the matter raised in 25
the complaint; or 26
(iv) that, having regard to all the 27
circumstances of the case, dealing 28
with, or continuing to deal with, the 29
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matter raised in the complaint is 1
unnecessary or unjustifiable. 2
(2) However, if the training ombudsman refuses to 3
deal, or to continue to deal, with a complaint 4
under subsection (1), the training ombudsman is 5
not prevented from-- 6
(a) identifying issues relating to the referable 7
matter for the complaint; and 8
(b) making a recommendation to the Minister 9
about the identified issues. 10
(3) If the training ombudsman decides to refuse to 11
deal, or to continue to deal, with a complaint, the 12
training ombudsman must, as soon as practicable 13
after making the decision, give the complainant 14
notice of-- 15
(a) the decision; and 16
(b) the reasons for the decision. 17
112G Training ombudsman to refuse to deal with 18
complaint subject of review or appeal 19
The training ombudsman must refuse to deal, or to 20
continue to deal, with a complaint if-- 21
(a) the referable matter for the complaint is a 22
decision that-- 23
(i) is the subject of an application for 24
review under the QCAT Act; or 25
(ii) has been reviewed by QCAT; or 26
(b) an appeal is started in the industrial relations 27
commission or the industrial court about the 28
referable matter for the complaint; or 29
(c) the industrial relations commission or 30
industrial court makes a decision on an 31
appeal about the referable matter for the 32
complaint. 33
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112H Referral of complaint to chief executive 1
(1) This section applies to a complaint about-- 2
(a) a compliance matter; or 3
(b) a matter involving a pre-qualified supplier. 4
(2) The training ombudsman must refer the 5
complaint to the chief executive to investigate 6
unless-- 7
(a) the training ombudsman refuses to deal with 8
the complaint under section 112F or 112G; 9
or 10
(b) both of the following apply-- 11
(ii) the complainant has previously made 12
the complaint, or a substantially similar 13
complaint, to the chief executive; 14
(ii) the chief executive has investigated the 15
complaint. 16
(3) On referral of the complaint, the chief executive 17
must investigate the complaint. 18
(4) As soon as practicable after ceasing to deal with 19
the complaint, the chief executive must give the 20
complainant and the training ombudsman a 21
written report about the findings of the 22
investigation. 23
(5) The report must include details of action taken, or 24
proposed to be taken, in relation to the complaint. 25
112I Complainant may ask training ombudsman to 26
further deal with complaint 27
(1) This section applies if-- 28
(a) the chief executive investigates a complaint 29
about a compliance matter or a matter 30
involving a pre-qualified supplier; and 31
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(b) the person who made the complaint is not 1
satisfied with the outcome of the chief 2
executive's investigation. 3
(2) The person may ask the training ombudsman to 4
further deal with the complaint. 5
112J Assessment of, and recommendations about, 6
particular complaints 7
(1) This section applies if, under section 112I, a 8
complainant asks the training ombudsman to 9
further deal with a complaint. 10
(2) The training ombudsman must-- 11
(a) give the chief executive notice of the 12
request; and 13
(b) assess the complaint and the chief 14
executive's investigation of the complaint 15
unless the training ombudsman refuses to 16
further deal with the complaint under 17
section 112F or 112G. 18
(3) As soon as practicable after completing an 19
assessment, the training ombudsman must give 20
the complainant and the chief executive a written 21
report about the assessment. 22
(4) The report-- 23
(a) must include the training ombudsman's 24
findings of the assessment; and 25
(b) may include any recommendations about 26
the complaint the training ombudsman 27
considers appropriate. 28
(5) If the report includes a recommendation, the 29
training ombudsman may ask the chief executive 30
to notify the training ombudsman, within a stated 31
period, of-- 32
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Further Education and Training (Training Ombudsman) and Another Act Amendment
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(a) the steps that have been or are proposed to 1
be taken to give effect to the 2
recommendation; or 3
(b) if no steps have been, or are proposed to be, 4
taken to give effect to the recommendation, 5
the reasons for not taking the steps. 6
112K Assessment of, and recommendations 7
about, prescribed decisions 8
(1) This section applies if the training ombudsman 9
receives a complaint about a prescribed decision. 10
(2) The training ombudsman must-- 11
(a) give the chief executive notice of the 12
complaint; and 13
(b) assess the complaint unless the training 14
ombudsman refuses to deal with the 15
complaint under section 112F or 112G. 16
(3) As soon as practicable after completing an 17
assessment, the training ombudsman must give 18
the complainant and the chief executive a written 19
report about the assessment. 20
(4) The report-- 21
(a) must include the training ombudsman's 22
findings of the assessment; and 23
(b) may include any recommendations about 24
the complaint the training ombudsman 25
considers appropriate. 26
(5) If the report includes a recommendation, the 27
training ombudsman may ask the chief executive 28
to notify the training ombudsman, within a stated 29
period, of-- 30
(a) the steps that have been or are proposed to 31
be taken in relation to the recommendation; 32
or 33
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(b) if no steps have been, or are proposed to be, 1
taken to give effect to the recommendation, 2
the reasons for not taking the steps. 3
112L Giving information or notice about particular 4
complaints 5
(1) This section applies if the training ombudsman 6
gives the chief executive a notice under section 7
112J(2)(a) or 112K(2)(a). 8
(2) The chief executive must give the training 9
ombudsman-- 10
(a) if the notice relates to a request to further 11
deal with a complaint--a copy of the 12
information before the chief executive in 13
investigating the complaint; or 14
(b) if the notice relates to a complaint about a 15
prescribed decision--a copy of the 16
information before the chief executive in 17
making the decision. 18
(3) If the training ombudsman decides to refuse to 19
deal, or further deal, with the complaint, the 20
training ombudsman must give the chief 21
executive notice of the decision and the reasons 22
for the decision. 23
112M Training ombudsman may enter into 24
information sharing arrangements 25
(1) The training ombudsman may enter into an 26
arrangement with a government entity for the 27
purpose of sharing or exchanging any 28
information held by the training ombudsman or 29
the government entity. 30
(2) The information to which the arrangement may 31
relate is limited to information that relates to a 32
complaint about-- 33
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(a) a compliance matter; or 1
(b) a matter involving a pre-qualified supplier; 2
or 3
(c) a prescribed decision. 4
(3) Under the arrangement, the training ombudsman 5
and government entity are, despite any other Act 6
or law of the State, authorised to-- 7
(a) request and receive information held by the 8
other party to the arrangement; and 9
(b) disclose the information to the other party. 10
112N Power to require information or attendance 11
(1) This section applies if the training ombudsman 12
assesses a complaint under section 112J or 112K. 13
(2) The training ombudsman may, by notice given to 14
a person, require the person to-- 15
(a) give the training ombudsman stated 16
information reasonably required for the 17
assessment, at a stated reasonable time and 18
place; or 19
(b) create, and give the training ombudsman, a 20
document containing information 21
reasonably required for the assessment; or 22
(c) attend before the training ombudsman at a 23
stated reasonable time and place to answer 24
questions, or produce documents, 25
reasonably required for the assessment. 26
(3) The person must comply with the requirement 27
unless the person has a reasonable excuse. 28
Maximum penalty--100 penalty units. 29
(4) It is a reasonable excuse for an individual not to 30
comply with the requirement if complying with 31
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the requirement might tend to incriminate the 1
individual. 2
(5) In this section-- 3
information includes a document or a copy of a 4
document. 5
person does not include a government entity. 6
112O Custody of document given to training 7
ombudsman 8
(1) If a document or other thing is given to the 9
training ombudsman under this division, the 10
training ombudsman may-- 11
(a) keep the document or thing for a reasonable 12
period for assessing the complaint to which 13
the document or thing relates; and 14
(b) if it is a document, take extracts from it and 15
make copies of it. 16
(2) While the training ombudsman has possession of 17
the document or other thing, the training 18
ombudsman must allow it to be inspected at any 19
reasonable time by a person who would have the 20
right to inspect it if it were not in the training 21
ombudsman's possession. 22
112P Report containing adverse comment 23
(1) This section applies if the training ombudsman 24
proposes to make an adverse comment about a 25
person in a report under this division. 26
(2) The training ombudsman must not make the 27
proposed adverse comment unless-- 28
(a) the training ombudsman gives the person an 29
opportunity to respond to the proposed 30
comment; and 31
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(b) the person's response is fairly stated in the 1
report. 2
Part 3 Minister's powers 3
112Q Minister may refer matters to training 4
ombudsman 5
(1) The Minister may refer a matter relevant to the 6
training ombudsman's functions to the training 7
ombudsman and ask the training ombudsman 8
to-- 9
(a) review or research the matter; and 10
(b) give the Minister a written report about the 11
review or research, including advice or 12
recommendations about the matter. 13
(2) The training ombudsman must comply with the 14
request. 15
(3) The training ombudsman's report may include a 16
recommendation about the training ombudsman's 17
functions. 18
112R Minister may give statement of expectations 19
(1) The Minister may give the training ombudsman a 20
written statement (a statement of expectations) 21
stating the Minister's expectations for the 22
performance of the training ombudsman's 23
functions. 24
(2) A statement of expectations may-- 25
(a) apply for a period stated in the statement; 26
and 27
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(b) include provisions about any of the 1
following-- 2
(i) the training ombudsman's strategic or 3
operational activities; 4
(ii) reporting to the Minister about the 5
strategic or operational activities; 6
(iii) the key priorities, other than the 7
priority to be given to complaints, for 8
the training ombudsman. 9
(3) The training ombudsman must have regard to a 10
statement of expectations in performing the 11
training ombudsman's functions or exercising the 12
training ombudsman's powers. 13
112S Minister may request information from 14
training ombudsman 15
(1) The Minister may, by notice, ask the training 16
ombudsman for information or documents about 17
a matter relevant to the training ombudsman's 18
functions. 19
(2) The training ombudsman must comply with the 20
request. 21
Part 4 Administration matters 22
Division 1 Provisions relating to the 23
training ombudsman 24
112T Appointment 25
The training ombudsman is appointed-- 26
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[s 5]
(a) by the Governor in Council; and 1
(b) under this Act and not under the Public 2
Service Act 2008. 3
112U Term of appointment 4
(1) The training ombudsman holds office for the 5
term, not more than 4 years, stated in the training 6
ombudsman's instrument of appointment. 7
(2) The training ombudsman stops holding office 8
before the end of the term of appointment if the 9
training ombudsman-- 10
(a) is disqualified under section 112W from 11
continuing as the training ombudsman; or 12
(b) resigns under section 112Y; or 13
(c) is removed from office under section 112Z. 14
112V Conditions of appointment 15
(1) The training ombudsman is to be paid the 16
remuneration and allowances decided by the 17
Governor in Council. 18
(2) The training ombudsman holds office on the 19
terms and conditions, not provided for by this 20
Act, that are decided by the Governor in Council. 21
112W Disqualification as training ombudsman 22
(1) A person is disqualified from becoming, or 23
continuing as, the training ombudsman if the 24
person-- 25
(a) is a member of the Legislative Assembly; or 26
(b) is a councillor of a local government; or 27
(c) has a conviction, other than a spent 28
conviction, for an indictable offence; or 29
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(d) is an insolvent under administration; or 1
(e) is disqualified from managing corporations 2
because of the Corporations Act, part 2D.6. 3
(2) In this section-- 4
insolvent under administration see the 5
Corporations Act, section 9. 6
112X Leave of absence 7
(1) The Minister may approve a leave of absence for 8
the training ombudsman. 9
(2) The Minister may appoint another person to act 10
in the office of the training ombudsman during 11
the leave of absence. 12
(3) Subsection (2) does not limit the Governor in 13
Council's powers, under the Acts Interpretation 14
Act 1954, section 25(1)(b)(v). 15
112Y Resignation 16
(1) The training ombudsman may resign by signed 17
notice given to the Minister. 18
(2) The resignation takes effect on-- 19
(a) the day the notice is given; or 20
(b) if a later day is stated in the notice--the later 21
day. 22
112Z Removal from office 23
The Governor in Council may, on the Minister's 24
recommendation, remove the training ombudsman 25
from office if the Minister is satisfied the training 26
ombudsman-- 27
(a) has engaged in-- 28
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(i) inappropriate or improper conduct in 1
an official capacity; or 2
(ii) inappropriate or improper conduct in a 3
private capacity that reflects seriously 4
and adversely on the office; or 5
(b) can not perform the training ombudsman's 6
functions; or 7
(c) has neglected the training ombudsman's 8
duties or performed the training 9
ombudsman's functions incompetently. 10
112ZA Delegations 11
(1) The training ombudsman may delegate the 12
training ombudsman's functions to an 13
appropriately qualified staff member of the 14
office. 15
(2) In this section-- 16
function includes power. 17
Division 2 Other matters 18
112ZB Preservation of existing rights and 19
entitlement 20
(1) If a person appointed as the training ombudsman 21
was, immediately before taking up the 22
appointment-- 23
(a) a public service employee--the person is 24
entitled to retain all accrued and accruing 25
rights as if service as the training 26
ombudsman were a continuation of service 27
as a public service employee; or 28
(b) a member of the State Public Sector 29
Superannuation Scheme under the 30
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Superannuation (State Public Sector) Act 1
1990--the person keeps all the person's 2
existing and accruing rights relating to 3
superannuation. 4
(2) If a person is appointed as a public service 5
employee and was, immediately before taking up 6
the appointment, the training ombudsman, the 7
person's service as training ombudsman is taken 8
to be service as a public service employee. 9
112ZC Criminal history report 10
(1) To decide if a person is disqualified from 11
becoming or continuing as the training 12
ombudsman, the Minister may ask the 13
commissioner of the police service for-- 14
(a) a written report about the criminal history of 15
the person; and 16
(b) a brief description of the circumstances of a 17
conviction mentioned in the criminal 18
history. 19
(2) However, the Minister may make the request 20
only if the person has given the Minister written 21
consent for the request. 22
(3) The commissioner of the police service must 23
comply with the request. 24
(4) However, the duty to comply applies only to 25
information in the commissioner's possession or 26
to which the commissioner has access. 27
(5) The Minister must ensure the report is destroyed 28
as soon as practicable after it is no longer needed 29
for the purpose for which it was requested. 30
(6) In this section-- 31
criminal history, for a person, means the person's 32
criminal history as defined under the Criminal 33
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[s 5]
Law (Rehabilitation of Offenders) Act 1986, 1
other than spent convictions. 2
112ZD Criminal history reports confidential 3
(1) This section applies to a person who possesses a 4
report, or information contained in a report, given 5
under section 112ZC, because the person is or 6
was an officer, employee or agent of the 7
department or the office. 8
(2) The person must not, directly or indirectly, 9
disclose the report or information to any other 10
person unless the disclosure is permitted under 11
subsection (3). 12
Maximum penalty--100 penalty units. 13
(3) The person is permitted to disclose the report or 14
information to another person-- 15
(a) to the extent necessary to perform the 16
person's functions under this Act; or 17
(b) if the disclosure is authorised under an Act; 18
or 19
(c) if the disclosure is otherwise required or 20
permitted by law; or 21
(d) if the person to whom the disclosure relates 22
consents to the disclosure; or 23
(e) if the disclosure is in a form that does not 24
identify the person to whom the information 25
relates; or 26
(f) if the information is, or has been, lawfully 27
accessible to the public. 28
112ZE New convictions must be disclosed 29
(1) This section applies if a person who is the 30
training ombudsman is convicted of an indictable 31
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[s 5]
offence during the term of the training 1
ombudsman's appointment. 2
(2) The person must, unless the person has a 3
reasonable excuse, immediately give notice of 4
the conviction to the Minister. 5
Maximum penalty--100 penalty units. 6
(3) The notice must include all of the following-- 7
(a) the existence of the conviction; 8
(b) when the offence was committed; 9
(c) details adequate to identify the offence; 10
(d) the sentence imposed on the person. 11
112ZF Office not a statutory body for particular 12
Acts 13
To remove any doubt, it is declared that the office is 14
not a statutory body for the Statutory Bodies Financial 15
Arrangements Act 1982 or the Financial 16
Accountability Act 2009. 17
112ZG Staff 18
The staff of the office are employed under the Public 19
Service Act 2008. 20
112ZH Training ombudsman and staff not subject 21
to direction 22
(1) Subject to this Act and any other Act or law, the 23
training ombudsman is not subject to direction by 24
any person about the way the training 25
ombudsman performs the training ombudsman's 26
functions. 27
(2) Staff of the office are not subject to direction by 28
any person, other than from within the office, 29
about the way complaints are dealt with. 30
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112ZI Annual report 1
(1) The training ombudsman must prepare and give 2
to the Minister, within 3 months after the end of 3
each financial year, a report on the discharge of 4
the training ombudsman's functions during the 5
financial year. 6
(2) The report must include copies of any notices 7
given to the training ombudsman under section 8
112S during the financial year to which the report 9
relates. 10
(3) The Minister must table a copy of the report in 11
the Legislative Assembly within 14 days after 12
receiving the report. 13
Clause 6 Amendment of s 173 (Appeal to Industrial Court on 14
question of law) 15
Section 173, 'Industrial Court'-- 16
omit, insert-- 17
industrial court 18
Clause 7 Amendment of s 188 (False or misleading statements to 19
official) 20
Section 188(2), definition official-- 21
insert-- 22
(c) the training ombudsman; or 23
(d) a staff member of the office of the training 24
ombudsman. 25
Clause 8 Amendment of s 194 (Protection from liability) 26
(1) Section 194(4), definition prescribed person-- 27
insert-- 28
(ba) the training ombudsman; 29
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Further Education and Training (Training Ombudsman) and Another Act Amendment
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(2) Section 194(4), definition prescribed person, paragraph (c)-- 1
insert-- 2
(v) the training ombudsman; 3
(vi) a staff member of the office of the training 4
ombudsman; 5
(3) Section 194(4), definition prescribed person, paragraphs (ba) 6
to (d)-- 7
renumber as paragraphs (c) to (e). 8
Clause 9 Amendment of sch 1 (Dictionary) 9
(1) Schedule 1, definition notice-- 10
omit. 11
(2) Schedule 1-- 12
insert-- 13
complainant, for chapter 4A, see section 112A. 14
compliance matter, for chapter 4A, see section 15
112A. 16
government entity means a government entity 17
under the Public Service Act 2008. 18
notice-- 19
(a) for chapter 4A, see section 112A; or 20
(b) for chapter 5, see section 113. 21
office, for chapter 4A, see section 112A. 22
pre-qualified supplier, for chapter 4A, see 23
section 112A. 24
prescribed decision, for chapter 4A, see section 25
112A. 26
referable matter, for chapter 4A, see section 27
112A. 28
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[s 10]
referral entity, for chapter 4A, see section 112A. 1
young person means a person under 18 years. 2
Part 3 Amendment of Public Service 3
Act 2008 4
Clause 10 Act amended 5
This Act amends the Public Service Act 2008. 6
Clause 11 Amendment of sch 1 (Public service offices and their 7
heads) 8
Schedule 1-- 9
insert-- 10
office of the training ombudsman under training ombudsman
the Further Education and Training Act
2014
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 29
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