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VOCATIONAL EDUCATION AND TRAINING (COMMONWEALTH POWERS) AND OTHER ACTS AMENDMENT BILL 2011

          Queensland



Vocational Education and
Training (Commonwealth
Powers) and Other Acts
Amendment Bill 2011

 


 

 

Queensland Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Adoption and reference of matters 3 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Continuing VET matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Adoption and references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Amendment of Commonwealth law . . . . . . . . . . . . . . . . . . . . . . . 11 7 Termination of adoption or reference . . . . . . . . . . . . . . . . . . . . . . 11 8 Effect of termination of amendment reference before termination of adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 3 Amendment of Building Act 1975 9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Amendment of s 246BH (Who may apply) . . . . . . . . . . . . . . . . . . 13 11 Amendment of s 246BI (Requirements for application) . . . . . . . . 13 12 Omission of s 246CS (Inspection of documents) . . . . . . . . . . . . . 14 13 Replacement of ch 8, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 8 Approval of training courses for pool safety inspectors 246DG PSC may approve course for pool safety inspectors . 14 14 Amendment of s 246EH (Functions of PSC) . . . . . . . . . . . . . . . . 14 15 Amendment of s 246EJ (Delegation by PSC) . . . . . . . . . . . . . . . 14 16 Amendment of s 259 (Access to guidelines) . . . . . . . . . . . . . . . . 15 17 Insertion of new ch 11, part 14. . . . . . . . . . . . . . . . . . . . . . . . . . . 15

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Contents Part 14 Transitional provisions for Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Act 2011 308 Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . 15 309 When approved training course under former Act taken to be approved training course under this Act . 15 310 Fees may be refunded . . . . . . . . . . . . . . . . . . . . . . . . 16 18 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 4 Amendment of Gaming Machine Act 1991 19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 20 Insertion of new pt 10A, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 6 Other matter 337O VET legislation displacement provision . . . . . . . . . . . 17 Part 5 Amendment of Liquor Act 1992 21 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22 Insertion of new pt 5A, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 6 Other matter 142MA VET legislation displacement provision . . . . . . . . . . . 18 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 24 Amendment of s 3 (Objectives) . . . . . . . . . . . . . . . . . . . . . . . . . . 18 25 Replacement of s 14 (What is a registered training organisation) 18 14 What is a registered training organisation . . . . . . . . . 18 26 Omission of ch 2 (Training organisations) . . . . . . . . . . . . . . . . . . 19 27 Amendment of s 73 (Issuing qualification or statement of attainment on completion of training) . . . . . . . . . . . . . . . . . . . . . . 19 28 Omission of s 73A (Authorising issue of qualification or statement of attainment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 29 Amendment of s 149 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 20 30 Amendment of s 152 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . 21 31 Insertion of new ss 152A and 152B . . . . . . . . . . . . . . . . . . . . . . . 21 152A Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 152B Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 32 Omission of ch 5, pt 3, divs 1, 2, 3 and 6 . . . . . . . . . . . . . . . . . . . 22 33 Amendment of s 220Z (Transfer of assets, liabilities etc. to statutory TAFE institute) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 34 Amendment of s 224 (Review by QCAT) . . . . . . . . . . . . . . . . . . . 22 Page 2

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Contents 35 Amendment of s 230 (Appeal to industrial commission against council or other decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 36 Amendment of s 279 (Offences about false or misleading statements or documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 37 Amendment of s 280 (Executive officers must ensure corporation complies with prescribed provision) . . . . . . . . . . . . . 23 38 Amendment of s 291 (Regulation-making power) . . . . . . . . . . . . 23 39 Insertion of new ch 10, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 7 Transitional provisions for the Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Act 2011 347 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 348 Documents held by council that become documents of Skills Queensland. . . . . . . . . . . . . . . . . . . . . . . . . . 24 349 Nominal terms of training contracts for apprenticeships and traineeships . . . . . . . . . . . . . . . . 24 350 Process to decide whether to shorten or lengthen probationary period . . . . . . . . . . . . . . . . . . . . . . . . . . 25 351 Probationary periods for apprenticeships and traineeships .......................... 25 352 Training contracts received by the council but not yet registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 353 Continuation of registration of training contracts . . . . 26 354 Process to amend or assign registered training contract ............................. 26 355 Decision about amendment or assignment of registered training contract . . . . . . . . . . . . . . . . . . . . . 26 356 Minor amendment of registered training contract . . . . 27 357 Application to cancel training contract . . . . . . . . . . . . 27 358 Cancellation of training contract . . . . . . . . . . . . . . . . . 27 359 Application to cancel training contract or confirm suspension .......................... 27 360 Cancellation of training contract or suspension of apprentice or trainee . . . . . . . . . . . . . . . . . . . . . . . . . 28 361 Application for cancelled training contract to resume . 28 362 Order to resume or undertake training . . . . . . . . . . . . 29 363 Process to cancel registration of training contract . . . 29 364 Cancellation of registration of training contract . . . . . 29 365 Discipline orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 366 Cancellation of completion certificate. . . . . . . . . . . . . 30 Page 3

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Contents 367 Application to extend nominal term of registered training contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 368 Decision to extend or refuse to extend nominal term of registered training contract . . . . . . . . . . . . . . . . . . . 30 369 Declaration of employer to be prohibited employer . . 31 370 Request by prohibited employer to revoke declaration ........................... 31 371 Decision about declaration that employer is a prohibited employer . . . . . . . . . . . . . . . . . . . . . . . . . . 31 372 Application by employer to temporarily stand down apprentice or trainee . . . . . . . . . . . . . . . . . . . . . . . . . 32 373 Decision about application to stand down apprentice or trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 374 Declaration of calling to be restricted calling . . . . . . . 32 375 Application to recognise vocational placement scheme ............................. 32 376 Decision to recognise or refuse to recognise vocational placement scheme . . . . . . . . . . . . . . . . . . 33 377 Vocational placement agreement sent by registered training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . 33 378 Decision to register or refuse to register vocational placement agreement for long placement . . . . . . . . . 33 379 Application to extend approved time for vocational placement ........................... 34 380 Decision to extend or refuse to extend vocational placement ........................... 34 381 Ombudsman to continue to perform functions in relation to things done by council . . . . . . . . . . . . . . . . 34 382 Application to have skills and knowledge in a calling recognised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 383 Recognition certificate issued by council . . . . . . . . . . 35 384 Decision by council to cancel a recognition certificate 35 385 Declaration of training to be apprenticeship or traineeship ........................... 36 386 Application for employment exemption for young person .............................. 36 387 Decision about employment exemption . . . . . . . . . . . 36 388 Application to amend or cancel employment exemption ........................... 37 389 Decision to amend or cancel employment exemption 37 390 Process to recognise non-departmental employment skills development program . . . . . . . . . . . . . . . . . . . . 37 Page 4

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Contents 391 Recognition of non-departmental employment skills development program. . . . . . . . . . . . . . . . . . . . . . . . . 38 392 Process to recognise corporation as group training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 393 Recognition of corporation as group training organisation .......................... 38 394 Process to withdraw recognition of corporation as group training organisation . . . . . . . . . . . . . . . . . . . . . 38 395 Withdrawal of recognition of corporation as group training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . 39 396 Process to recognise entity as principal employer organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 397 Recognition of entity as principal employer organisation .......................... 40 398 Process to withdraw recognition of entity as principal employer organisation . . . . . . . . . . . . . . . . . . . . . . . . 40 399 Withdrawal of recognition of entity as principal employer organisation . . . . . . . . . . . . . . . . . . . . . . . . 40 400 Skills Queensland substituted for council in proceedings in QCAT and Industrial Commission . . . 41 401 Appeal in Industrial Commission about decisions of council .............................. 41 402 Skills Queensland to replace council for matter remitted by industrial commission . . . . . . . . . . . . . . . 41 403 Delegations by council to continue as delegations by Skills Queensland. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 404 Guidelines for council to continue as guidelines for Skills Queensland. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 405 Council's approved forms to continue as approved forms of Skills Queensland. . . . . . . . . . . . . . . . . . . . . 43 406 Transitional regulation-making power . . . . . . . . . . . . . 43 40 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 44 Part 7 Consequential amendments 41 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Schedule Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Part 1 Amendment of this Act Part 2 Amendment of other legislation Agricultural College Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Commission for Children and Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 47 Page 5

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Contents Education (Queensland Studies Authority) Act 2002 . . . . . . . . . . 48 Education (Work Experience) Act 1996 . . . . . . . . . . . . . . . . . . . . 49 Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Pest Management Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Public Health (Infection Control for Personal Appearance Services) Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Vocational Education, Training and Employment Act 2000 . . . . . 51 Page 6

 


 

2011 A Bill for An Act to adopt the National Vocational Education and Training Regulator Act 2011 (Cwlth) and the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 (Cwlth), and to refer certain matters relating to the regulation of vocational education and training to the Parliament of the Commonwealth, for the purposes of section 51(xxxvii) of the Commonwealth Constitution, and to make amendments of the Building Act 1975, the Gaming Machine Act 1991, the Liquor Act 1992 and the Vocational Education, Training and Employment Act 2000, for particular purposes, and consequential amendments of the Acts mentioned in the schedule

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 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 Vocational Education and 4 Training (Commonwealth Powers) and Other Acts 5 Amendment Act 2011. 6 Clause 2 Commencement 7 This Act commences on a day to be fixed by proclamation. 8 Part 2 Adoption and reference of 9 matters 10 Clause 3 Definitions for pt 2 11 In this part-- 12 adoption means the adoption under section 5(1). 13 amendment reference means a reference under section 5(2). 14 continuing VET matter has the meaning given in section 4. 15 national VET instrument means any instrument (whether or 16 not of a legislative character) that is made or issued under the 17 national VET legislation. 18 national VET legislation means-- 19 (a) the National Vocational Education and Training 20 Regulator Act 2011 (Cwlth); and 21 Page 8

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 2 Adoption and reference of matters [s 4] (b) the National Vocational Education and Training 1 Regulator (Transitional Provisions) Act 2011 (Cwlth); 2 as in force from time to time. 3 Clause 4 Continuing VET matters 4 (1) Each of the following matters is a continuing VET matter to 5 the extent that it is included in the legislative powers of the 6 Parliament of the State-- 7 (a) the registration and regulation of vocational education 8 and training organisations; 9 (b) the accreditation or other recognition of vocational 10 education and training courses or programs; 11 (c) the issue and cancellation of vocational education and 12 training qualifications or statements of attainment; 13 (d) the standards to be complied with by a vocational 14 education and training regulator; 15 (e) the collection, publication, provision and sharing of 16 information about vocational education and training; 17 (f) investigative powers, sanctions and enforcement in 18 relation to any of the above. 19 (2) However, a continuing VET matter does not include the 20 matter of making a law that excludes or limits the operation of 21 a State law to the extent that the State law makes provision in 22 relation to-- 23 (a) primary or secondary education (including the education 24 of children subject to compulsory school education); or 25 (b) tertiary education that is recognised as higher education 26 and not vocational education and training; or 27 (c) the rights and obligations of persons providing or 28 undertaking apprenticeships or traineeships; or 29 (d) the qualifications or other requirements to undertake or 30 carry out any business, occupation or other work (other 31 Page 9

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 2 Adoption and reference of matters [s 5] than that of a vocational education and training 1 organisation); or 2 (e) the funding by the State of vocational education and 3 training; or 4 (f) the establishment or management of any agency of the 5 State that provides vocational education and training. 6 (3) In this section-- 7 State law means any Act of the State or any instrument made 8 under an Act of the State, whenever enacted or made and as in 9 force from time to time. 10 Clause 5 Adoption and references 11 (1) The national VET legislation is adopted, within the meaning 12 of section 51(xxxvii) of the Commonwealth Constitution, to 13 the extent that the matters in the national VET legislation are 14 within the legislative powers of the Parliament of the State. 15 (2) Each continuing VET matter is referred to the Parliament of 16 the Commonwealth, but only to the extent of the making of 17 laws with respect to the matter by making express 18 amendments of the national VET legislation. 19 (3) The operation of each of subsections (1) and (2) is not 20 affected by the other subsection. 21 (4) The reference of a matter under subsection (2) has effect only 22 if and to the extent that the matter is not included in the 23 legislative powers of the Parliament of the Commonwealth 24 (otherwise than by a reference for the purposes of section 51 25 (xxxvii) of the Commonwealth Constitution). 26 (5) Despite any provision of this Act other than section 8(4), the 27 adoption under subsection (1) or the reference under 28 subsection (2) has effect for a period-- 29 (a) beginning when the subsection under which the 30 adoption or reference is made commences; and 31 Page 10

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 2 Adoption and reference of matters [s 6] (b) ending at the end of the day fixed under section 7 as the 1 day on which the adoption or reference is to terminate; 2 but not longer. 3 Clause 6 Amendment of Commonwealth law 4 It is the intention of the Parliament of the State that-- 5 (a) the national VET legislation may be expressly amended, 6 or have its operation otherwise affected, at any time by 7 provisions of Commonwealth Acts the operation of 8 which is based on legislative powers that the Parliament 9 of the Commonwealth has apart from a reference of any 10 matters, or the adoption of the national VET legislation, 11 for the purposes of section 51 (xxxvii) of the 12 Commonwealth Constitution; and 13 (b) the national VET legislation may have its operation 14 affected, otherwise than by express amendment, at any 15 time by provisions of national VET instruments. 16 Clause 7 Termination of adoption or reference 17 (1) The Governor may, at any time, by proclamation, fix a day as 18 the day on which-- 19 (a) the adoption and the amendment reference are to 20 terminate; or 21 (b) the amendment reference is to terminate; or 22 (c) the adoption is to terminate (if the amendment reference 23 has been previously terminated). 24 (2) A day fixed under subsection (1) must be no earlier than the 25 first day after the end of the period of 6 months beginning 26 with the day on which the proclamation is notified in the 27 gazette. 28 (3) The Governor may, by proclamation, revoke a proclamation 29 under subsection (1). 30 Page 11

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 2 Adoption and reference of matters [s 8] (4) A revoking proclamation has effect only if notified before the 1 day fixed under subsection (1). 2 (5) If a revoking proclamation has effect, the revoked 3 proclamation is taken, for the purposes of section 5, never to 4 have been notified but the revocation does not prevent 5 notification of a further proclamation under subsection (1). 6 (6) A proclamation under subsection (1) or (3) is subordinate 7 legislation. 8 Clause 8 Effect of termination of amendment reference before 9 termination of adoption 10 (1) A reference in this section to provisions referred to in section 11 6(b) includes a reference to national VET instruments made to 12 carry out or give effect to the national VET legislation as 13 amended by laws made under the amendment reference. 14 (2) It is the intention of the Parliament of the State that, if the 15 amendment reference terminates before the adoption 16 terminates, the termination of the amendment reference does 17 not affect-- 18 (a) laws made under the amendment reference before the 19 termination; or 20 (b) the continued operation in the State of the existing 21 legislation or of the existing legislation as-- 22 (i) amended after the termination by laws referred to 23 in paragraph (a) that come into operation after the 24 termination; or 25 (ii) amended or affected after the termination by 26 provisions referred to in section 6(a) or (b). 27 (3) Accordingly, the amendment reference continues to have 28 effect for the purposes of subsection (2) unless the adoption 29 reference is terminated. 30 (4) Subsection (2) or (3) does not apply to or in relation to an 31 amendment of the national VET legislation that is excluded 32 from the operation of this section by the proclamation that 33 terminates the amendment reference. 34 Page 12

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 3 Amendment of Building Act 1975 [s 9] (5) In this section-- 1 existing legislation means the national VET legislation as-- 2 (a) amended by laws made under the amendment reference 3 that have come into operation before the termination; or 4 (b) amended or affected by provisions referred to in section 5 6(a) or (b) that have come into operation before the 6 termination; 7 and as in operation immediately before the termination. 8 termination means the termination of the amendment 9 reference. 10 Part 3 Amendment of Building Act 11 1975 12 Clause 9 Act amended 13 This part amends the Building Act 1975. 14 Clause 10 Amendment of s 246BH (Who may apply) 15 Section 246BH(2)(a)-- 16 omit, insert-- 17 `(a) holds a qualification or statement of attainment for an 18 approved training course; and'. 19 Clause 11 Amendment of s 246BI (Requirements for application) 20 Section 246BI(1)(c)(iv), `certificate of competency'-- 21 omit, insert-- 22 `qualification or statement of attainment'. 23 Page 13

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 3 Amendment of Building Act 1975 [s 12] Clause 12 Omission of s 246CS (Inspection of documents) 1 Section 246CS-- 2 omit. 3 Clause 13 Replacement of ch 8, pt 8 4 Chapter 8, part 8-- 5 omit, insert-- 6 `Part 8 Approval of training courses 7 for pool safety inspectors 8 `246DG PSC may approve course for pool safety inspectors 9 `(1) PSC may approve a course to enable an individual who is not 10 a building certifier to apply for a licence under part 6. 11 `(2) PSC may publish a description of the course on the 12 department's website.'. 13 Clause 14 Amendment of s 246EH (Functions of PSC) 14 Section 246EH(1)(e) and (f)-- 15 omit, insert-- 16 `(e) to approve training courses under section 246DG for 17 individuals proposing to become pool safety 18 inspectors;'. 19 Clause 15 Amendment of s 246EJ (Delegation by PSC) 20 Section 246EJ(3)-- 21 omit, insert-- 22 `(3) Also, PSC can not delegate its power to approve a course 23 under section 246DG.'. 24 Page 14

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 3 Amendment of Building Act 1975 [s 16] Clause 16 Amendment of s 259 (Access to guidelines) 1 Section 259, `, 246EC'-- 2 omit. 3 Clause 17 Insertion of new ch 11, part 14 4 After chapter 11, part 13-- 5 insert-- 6 `Part 14 Transitional provisions for 7 Vocational Education and 8 Training (Commonwealth 9 Powers) and Other Acts 10 Amendment Act 2011 11 `308 Definitions for pt 14 12 `In this part-- 13 commencement means the commencement of this part. 14 former Act means this Act as in force from time to time 15 before the commencement. 16 `309 When approved training course under former Act 17 taken to be approved training course under this Act 18 `(1) This section applies if an individual has, before the 19 commencement, completed an approved training course under 20 the former Act. 21 `(2) The approved training course under the former Act is taken to 22 be an approved training course under this Act, for a period of 23 6 months from the commencement, for the purpose of an 24 application for a licence under chapter 8, part 6. 25 Page 15

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 3 Amendment of Building Act 1975 [s 18] `310 Fees may be refunded 1 `(1) This section applies if, before the commencement-- 2 (a) an eligible course provider paid a fee under section 3 246DH of the former Act for the approval of a training 4 course; and 5 (b) the approval is in force at the commencement. 6 `(2) PSC may refund the proportion of the fee PSC considers 7 appropriate having regard to the period of the approval left to 8 run after the commencement.'. 9 Clause 18 Amendment of sch 2 (Dictionary) 10 (1) Schedule 2, definitions, approved training course, assessor, 11 certificate of competency, compliance audit, eligible course 12 provider, registered training organisation and training course 13 guidelines-- 14 omit. 15 (2) Schedule 2-- 16 insert-- 17 `approved training course means a training course approved 18 by PSC under section 246DG. 19 qualification see the Vocational Education, Training and 20 Employment Act 2000. 21 statement of attainment see the Vocational Education, 22 Training and Employment Act 2000.'. 23 (3) Schedule 2, definition show cause notice, paragraph (c)-- 24 omit. 25 (4) Schedule 2, definition show cause period, paragraph (d)-- 26 omit. 27 Page 16

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 4 Amendment of Gaming Machine Act 1991 [s 19] Part 4 Amendment of Gaming 1 Machine Act 1991 2 Clause 19 Act amended 3 This part amends the Gaming Machine Act 1991. 4 Clause 20 Insertion of new pt 10A, div 6 5 After part 10A, division 5-- 6 insert-- 7 `Division 6 Other matter 8 `337O VET legislation displacement provision 9 `(1) This part is declared to be a VET legislation displacement 10 provision for the purposes of the National Vocational 11 Education and Training Regulator Act 2011 (Cwlth), section 12 11, in relation to all the provisions of that Act. 13 `(2) This division expires 2 years after it commences.'. 14 Part 5 Amendment of Liquor Act 1992 15 Clause 21 Act amended 16 This part amends the Liquor Act 1992. 17 Clause 22 Insertion of new pt 5A, div 6 18 After part 5A, division 5-- 19 insert-- 20 Page 17

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 23] `Division 6 Other matter 1 `142MA VET legislation displacement provision 2 `(1) This part is declared to be a VET legislation displacement 3 provision for the purposes of the National Vocational 4 Education and Training Regulator Act 2011 (Cwlth), section 5 11, in relation to all the provisions of that Act. 6 `(2) This division expires 2 years after it commences.'. 7 Part 6 Amendment of Vocational 8 Education, Training and 9 Employment Act 2000 10 Clause 23 Act amended 11 This part amends the Vocational Education, Training and 12 Employment Act 2000. 13 Clause 24 Amendment of s 3 (Objectives) 14 Section 3(a) and (e)-- 15 omit. 16 Clause 25 Replacement of s 14 (What is a registered training 17 organisation) 18 Section 14-- 19 omit, insert-- 20 `14 What is a registered training organisation 21 `A registered training organisation is a registered training 22 organisation under the Commonwealth Act.'. 23 Page 18

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 26] Clause 26 Omission of ch 2 (Training organisations) 1 Chapter 2-- 2 omit. 3 Clause 27 Amendment of s 73 (Issuing qualification or statement of 4 attainment on completion of training) 5 (1) Section 73, heading, `Issuing'-- 6 omit, insert-- 7 `Notice of issue of'. 8 (2) Section 73(1)(b)(ii), `entitled'-- 9 omit, insert-- 10 `entitled, under the Commonwealth Act,' 11 (3) Section 73(3)-- 12 omit, insert-- 13 `Note-- 14 The registered training organisation issues the qualification or statement 15 of attainment stated in the plan to the apprentice or employee under the 16 Commonwealth Act.'. 17 (4) Section 73(4), `the council'-- 18 omit, insert-- 19 `Skills Queensland'. 20 (5) Section 73(5), `the council'-- 21 omit, insert-- 22 `Skills Queensland'. 23 (6) Section 73(6)-- 24 omit, insert-- 25 `(6) The organisation must not give a false or misleading notice. 26 Maximum penalty for subsection (6)--80 penalty units.'. 27 Page 19

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 28] Clause 28 Omission of s 73A (Authorising issue of qualification or 1 statement of attainment) 2 Section 73A-- 3 omit. 4 Clause 29 Amendment of s 149 (Functions) 5 (1) Section 149(1)(h)-- 6 omit, insert-- 7 `(h) to advise the Minister on policy and guidelines for-- 8 (i) registering and regulating training contracts; and 9 (ii) the training requirements for apprentices and 10 trainees; and 11 (iii) vocational placements; and 12 (iv) making decisions about employment exemptions; 13 and 14 (i) to register and regulate training contracts; 15 (j) to recognise vocational placement schemes and register 16 and regulate vocational placement agreements; 17 (k) to declare apprenticeships or traineeships; 18 (l) to declare a calling to be a restricted calling; 19 (m) to decide probationary periods and nominal terms for 20 apprenticeships and traineeships; 21 (n) to issue recognition certificates; 22 (o) to grant employment exemptions; 23 (p) to recognise non-departmental employment skills 24 development programs for the purposes of the 25 Education (General Provisions) Act 2006, section 26 240(3); 27 (q) to maintain a register of recognised non-departmental 28 employment skills development programs; 29 Page 20

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 30] (r) to maintain a register of training contracts for 1 apprentices and trainees; 2 (s) to recognise group training organisations and principal 3 employer organisations; 4 (t) any other functions given to it under this or another 5 Act.'. 6 (2) Section 149(2)-- 7 insert-- 8 `(d) the guidelines made by it.'. 9 Clause 30 Amendment of s 152 (Delegation) 10 Section 152-- 11 insert-- 12 `(2) A person or entity delegated a function or power may 13 subdelegate it only if the delegation permits the 14 subdelegation.'. 15 Clause 31 Insertion of new ss 152A and 152B 16 After section 152-- 17 insert-- 18 `152A Guidelines 19 `(1) Skills Queensland may make guidelines for performing its 20 functions. 21 `(2) A guideline must be approved in writing by the Minister and 22 published in the gazette and takes effect-- 23 (a) on its gazettal; or 24 (b) if a later day is stated in the guideline for its 25 commencement, on the later day. 26 `(3) A guideline may be amended or replaced by a later guideline 27 made under this section. 28 Page 21

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 32] `152B Approval of forms 1 `Skills Queensland may approve a form (an approved form) 2 for use under this Act.'. 3 Clause 32 Omission of ch 5, pt 3, divs 1, 2, 3 and 6 4 Chapter 5, part 3, divisions 1, 2, 3, and 6-- 5 omit. 6 Clause 33 Amendment of s 220Z (Transfer of assets, liabilities etc. 7 to statutory TAFE institute) 8 Section 220Z(2)(f), (g) and (j)-- 9 omit. 10 Clause 34 Amendment of s 224 (Review by QCAT) 11 Section 224(1)(a) and (b)-- 12 omit. 13 Clause 35 Amendment of s 230 (Appeal to industrial commission 14 against council or other decisions) 15 (1) Section 230, heading, `council'-- 16 omit, insert-- 17 `Skills Queensland'. 18 (2) Section 230(1)(a) and (b)-- 19 omit. 20 (3) Section 230(1)(c) to (h), `the council's'-- 21 omit, insert-- 22 `Skills Queensland's'. 23 (4) Section 230(1)(i)-- 24 omit. 25 Page 22

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 36] (5) Section 230(1)(j) to (m), `the council's'-- 1 omit, insert-- 2 `Skills Queensland's'. 3 Clause 36 Amendment of s 279 (Offences about false or misleading 4 statements or documents) 5 Section 279(2), definition prescribed provision, `73(6) as 6 applied by section 73A(5),'-- 7 omit. 8 Clause 37 Amendment of s 280 (Executive officers must ensure 9 corporation complies with prescribed provision) 10 (1) Section 280(5), definition prescribed provision, `21(1)' to 11 `46(1),'-- 12 omit. 13 (2) Section 280(5), definition prescribed provision, `73(6) as 14 applied by section 73A(5),'-- 15 omit. 16 Clause 38 Amendment of s 291 (Regulation-making power) 17 Section 291(2)(c) and (d)-- 18 omit. 19 Clause 39 Insertion of new ch 10, pt 7 20 After chapter 10, part 6-- 21 insert-- 22 Page 23

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `Part 7 Transitional provisions for the 1 Vocational Education and 2 Training (Commonwealth 3 Powers) and Other Acts 4 Amendment Act 2011 5 `347 Definitions for pt 7 6 `In this part-- 7 commencement means the commencement of this part. 8 council means the Training and Employment Recognition 9 Council established under the former Act. 10 former Act means this Act as in force from time to time 11 before the commencement. 12 `348 Documents held by council that become documents 13 of Skills Queensland 14 `(1) This section applies to documents held by the council 15 immediately before the commencement that-- 16 (a) related to the council's functions under the former Act; 17 and 18 (b) on the commencement, relate to similar functions to be 19 performed by Skills Queensland under this Act. 20 `(2) On the commencement, the documents become the 21 documents of Skills Queensland and may be used by Skills 22 Queensland in performing its functions under this Act. 23 `349 Nominal terms of training contracts for 24 apprenticeships and traineeships 25 `(1) This section applies to the nominal terms of training contracts 26 for apprenticeships and traineeships decided by the council 27 under section 49 of the former Act and in force immediately 28 before the commencement. 29 Page 24

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `(2) On the commencement, the nominal terms of the contracts 1 continue in force as if they had been decided by Skills 2 Queensland under this Act. 3 `350 Process to decide whether to shorten or lengthen 4 probationary period 5 `(1) This section applies if-- 6 (a) before the commencement, the council received a 7 written submission under section 50 of the former Act 8 and was undertaking a process to decide whether to 9 shorten or lengthen the probationary period for an 10 apprentice or trainee; and 11 (b) immediately before the commencement, the council had 12 not made its decision. 13 `(2) Skills Queensland may continue the process under this Act 14 and decide whether to shorten or lengthen the probationary 15 period for the apprentice or trainee. 16 `351 Probationary periods for apprenticeships and 17 traineeships 18 `(1) This section applies to the probationary periods for 19 apprenticeships and traineeships decided by the council under 20 section 50 of the former Act and in force immediately before 21 the commencement. 22 `(2) On the commencement, the probationary periods continue in 23 force as if they had been decided by Skills Queensland under 24 this Act. 25 `352 Training contracts received by the council but not yet 26 registered 27 `(1) This section applies if -- 28 (a) before the commencement, a training contract was 29 received by the council; and 30 Page 25

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] (b) immediately before the commencement, the council had 1 not registered or refused to register the contract under 2 section 54 of the former Act. 3 `(2) Skills Queensland may register or refuse to register the 4 training contract under this Act. 5 `353 Continuation of registration of training contracts 6 `(1) This section applies to the registration of a training contract 7 by the council under section 54 of the former Act in force 8 immediately before the commencement. 9 `(2) On the commencement, the registration continues in force as 10 if it had been granted by Skills Queensland under this Act. 11 `354 Process to amend or assign registered training 12 contract 13 `(1) This section applies if-- 14 (a) before the commencement, the parties to a registered 15 training contract applied to the council, under section 57 16 of the former Act, to approve the amendment or 17 assignment of the contract; and 18 (b) immediately before the commencement, the council had 19 not decided the matter. 20 `(2) Skills Queensland may approve or refuse to approve the 21 amendment or assignment under this Act. 22 `355 Decision about amendment or assignment of 23 registered training contract 24 `(1) This section applies to a decision to approve the amendment 25 or assignment of a registered training contract made under 26 section 57 of the former Act and in force immediately before 27 the commencement. 28 `(2) On the commencement, the decision continues in force as if it 29 had been made by Skills Queensland under this Act. 30 Page 26

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `356 Minor amendment of registered training contract 1 `(1) This section applies if a registered training contact was taken 2 to be amended under section 58 of the former Act and the 3 amendment continued in force immediately before the 4 commencement. 5 `(2) On the commencement, the amendment of the contract 6 continues in force under this Act. 7 `357 Application to cancel training contract 8 `(1) This section applies if-- 9 (a) before the commencement, an application was made to 10 the council, under section 63 of the former Act, to 11 cancel a training contract; and 12 (b) immediately before the commencement, the application 13 had not been decided. 14 `(2) Skills Queensland may decide the application under this Act. 15 `358 Cancellation of training contract 16 `(1) This section applies to the cancellation of a training contract 17 by the council under section 63 of the former Act in force 18 immediately before the commencement. 19 `(2) On the commencement, the cancellation continues in force as 20 if the decision to cancel had been made by Skills Queensland 21 under this Act. 22 `359 Application to cancel training contract or confirm 23 suspension 24 `(1) This section applies if-- 25 (a) before the commencement, an application was made to 26 the council under section 64 of the former Act-- 27 (i) to cancel a training contract; or 28 (ii) to confirm a suspension; and 29 Page 27

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] (b) immediately before the commencement, the application 1 had not been decided. 2 `(2) Skills Queensland may decide the application under this Act. 3 `360 Cancellation of training contract or suspension of 4 apprentice or trainee 5 `(1) Subsection (2) applies to the cancellation of a training 6 contract by the council under section 64 of the former Act in 7 force immediately before the commencement. 8 `(2) On the commencement, the cancellation continues in force as 9 if the decision to cancel had been made by Skills Queensland 10 under this Act. 11 `(3) Subsection (4) applies if-- 12 (a) before the commencement, the council confirmed the 13 suspension of a contract by an employer under section 14 64 of the former Act; and 15 (b) immediately before the commencement, the period of 16 suspension had not expired. 17 `(4) The suspension continues in force under this Act for the 18 balance of the period stated in the suspension notice and is 19 taken to have been confirmed by Skills Queensland. 20 `361 Application for cancelled training contract to resume 21 `(1) This section applies if-- 22 (a) before the commencement, a party applied to the 23 council under section 65 of the former Act for an order 24 that training be resumed under a training contract that 25 was purportedly cancelled by another party to the 26 contract; and 27 (b) immediately before the commencement, the application 28 had not been decided. 29 `(2) Skills Queensland may decide the application under this Act. 30 Page 28

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `362 Order to resume or undertake training 1 `(1) This section applies to an order to resume training or to 2 resume undertaking training under a training contract made by 3 the council under section 65 of the former Act and in force 4 immediately before the commencement. 5 `(2) On the commencement, the order continues in force as if it 6 had been made by Skills Queensland under this Act. 7 `363 Process to cancel registration of training contract 8 `(1) This section applies if, before the commencement, the council 9 was considering whether to cancel the registration of a 10 training contract under section 66 of the former Act-- 11 (a) either-- 12 (i) as a result of an application by a party to the 13 contract; or 14 (ii) on its own initiative; and 15 (b) immediately before the commencement, the council had 16 not decided whether to cancel the registration. 17 `(2) Skills Queensland may decide whether to cancel the 18 registration under this Act. 19 `364 Cancellation of registration of training contract 20 `(1) This section applies to the cancellation of the registration of a 21 training contract by the council under section 66 of the former 22 Act in force immediately before the commencement. 23 `(2) On the commencement, the cancellation continues in force as 24 if the decision to cancel had been made by Skills Queensland 25 under this Act. 26 Page 29

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `365 Discipline orders 1 `(1) This section applies to an order made by the council under 2 section 71 of the former Act and in force immediately before 3 the commencement. 4 `(2) On the commencement, the order continues in force as if it 5 had been made by Skills Queensland under this Act. 6 `366 Cancellation of completion certificate 7 `(1) This section applies to the cancellation by the council of a 8 completion certificate under section 76 of the former Act in 9 force immediately before the commencement. 10 `(2) On the commencement, the cancellation of the certificate 11 continues in force as if the decision to cancel had been made 12 by Skills Queensland under this Act. 13 `367 Application to extend nominal term of registered 14 training contract 15 `(1) This section applies if-- 16 (a) before the commencement, an application was made to 17 the council, under section 77 of the former Act, to 18 extend the nominal term of a registered training 19 contract; and 20 (b) immediately before the commencement, the application 21 had not been decided. 22 `(2) Skills Queensland may decide the application under this Act. 23 `368 Decision to extend or refuse to extend nominal term 24 of registered training contract 25 `(1) This section applies to a decision made by the council to 26 extend or refuse to extend a registered training contract under 27 section 77 of the former Act in force immediately before the 28 commencement. 29 Page 30

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `(2) On the commencement, the decision continues in force under 1 this Act and is taken to have been made by Skills Queensland. 2 `369 Declaration of employer to be prohibited employer 3 `(1) This section applies to a declaration made by the council 4 under section 83 of the former Act that an employer is a 5 prohibited employer and in force immediately before the 6 commencement. 7 `(2) On the commencement, the declaration continues in force as 8 if it had been made by Skills Queensland under this Act. 9 `370 Request by prohibited employer to revoke 10 declaration 11 `(1) This section applies if-- 12 (a) before the commencement, a request was made by a 13 prohibited employer to the council, under section 84 of 14 the former Act, to revoke the declaration that the 15 employer is a prohibited employer; and 16 (b) immediately before the commencement, a decision had 17 not been made on the request. 18 `(2) Skills Queensland may make a decision on the request under 19 this Act. 20 `371 Decision about declaration that employer is a 21 prohibited employer 22 `(1) This section applies to a decision made by the council on a 23 request by a prohibited employer under section 84 of the 24 former Act and in force immediately before the 25 commencement. 26 `(2) On the commencement, the decision continues in force as if it 27 had been made by Skills Queensland under this Act. 28 Page 31

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `372 Application by employer to temporarily stand down 1 apprentice or trainee 2 `(1) This section applies if-- 3 (a) before the commencement, an employer applied to the 4 council, under section 86 of the former Act, to 5 temporarily stand down an apprentice or trainee; and 6 (b) immediately before the commencement, the application 7 had not been decided. 8 `(2) Skills Queensland may decide the application under this Act. 9 `373 Decision about application to stand down apprentice 10 or trainee 11 `(1) This section applies to a decision made by the council on an 12 application by an employer, under section 86 of the former 13 Act, to temporarily stand down an apprentice or trainee in 14 force immediately before the commencement. 15 `(2) On the commencement, the decision continues in force as if it 16 had been made by Skills Queensland under this Act. 17 `374 Declaration of calling to be restricted calling 18 `(1) This section applies to a declaration made by the council, 19 under section 89 of the former Act, that a calling is a restricted 20 calling in force immediately before the commencement. 21 `(2) On the commencement, the declaration continues in force as 22 if it had been made by Skills Queensland under this Act. 23 `375 Application to recognise vocational placement 24 scheme 25 `(1) This section applies if-- 26 (a) before the commencement, an application was made by 27 a registered training organisation to the council, under 28 section 108 of the former Act, to recognise a vocational 29 placement scheme; and 30 Page 32

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] (b) immediately before the commencement, the application 1 had not been decided. 2 `(2) Skills Queensland may decide the application under this Act. 3 `376 Decision to recognise or refuse to recognise 4 vocational placement scheme 5 `(1) This section applies to a decision to recognise, or refuse to 6 recognise, a vocational placement scheme made under section 7 109 of the former Act and in force immediately before the 8 commencement. 9 `(2) On the commencement, the decision continues in force as if it 10 had been made by Skills Queensland under this Act. 11 `377 Vocational placement agreement sent by registered 12 training organisation 13 `(1) This section applies if-- 14 (a) before the commencement, a registered training 15 organisation sent a signed vocational placement 16 agreement for a long placement to the council for 17 registration, under section 118 of the former Act; and 18 (b) immediately before the commencement, the council had 19 not decided whether to register or refuse to register the 20 agreement. 21 `(2) Skills Queensland may decide whether to register or refuse to 22 register the agreement under this Act. 23 `378 Decision to register or refuse to register vocational 24 placement agreement for long placement 25 `(1) This section applies to a decision made by the council to 26 register, or refuse to register, a vocational placement 27 agreement for a long placement under section 118 of the 28 former Act and in force immediately before the 29 commencement. 30 Page 33

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `(2) On the commencement, the decision continues in force as if it 1 had been made by Skills Queensland under this Act. 2 `379 Application to extend approved time for vocational 3 placement 4 `(1) This section applies if-- 5 (a) before the commencement, an application was made to 6 the council, under section 121 of the former Act, to 7 extend the approved time for a vocational placement; 8 and 9 (b) immediately before the commencement, the application 10 had not been decided. 11 `(2) Skills Queensland may decide the application under this Act. 12 `380 Decision to extend or refuse to extend vocational 13 placement 14 `(1) This section applies to a decision made by the council to 15 extend or refuse to extend the approved time for a vocational 16 placement under section 121 of the former Act and in force 17 immediately before the commencement. 18 `(2) On the commencement, the decision continues in force as if it 19 had been made by Skills Queensland under this Act. 20 `381 Ombudsman to continue to perform functions in 21 relation to things done by council 22 `(1) This section applies to decisions made, investigations 23 undertaken or anything else done (a council action) by the 24 council under the former Act before the commencement. 25 `(2) On the commencement-- 26 (a) the council action is taken to have been made, 27 undertaken or done by Skills Queensland; and 28 (b) the ombudsman may do anything in relation to Skills 29 Queensland under this Act that the ombudsman could 30 Page 34

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] have done but had not done in relation to the council 1 under the former Act. 2 `(3) Without limiting subsection (2), the ombudsman may do the 3 following in relation to the council action-- 4 (a) require Skills Queensland to give it information or 5 documents under section 138; 6 (b) recommend Skills Queensland take further steps under 7 section 139; 8 (c) recommend Skills Queensland exercise a power or 9 perform a function under section 140. 10 `382 Application to have skills and knowledge in a calling 11 recognised 12 `(1) This section applies if-- 13 (a) before the commencement, a person applied to the 14 council, under section 182 of the former Act, to have the 15 person's skills and knowledge in a calling recognised; 16 and 17 (b) immediately before the commencement, the application 18 had not been decided. 19 `(2) Skills Queensland may decide the application under this Act. 20 `383 Recognition certificate issued by council 21 `(1) This section applies to a recognition certificate issued by the 22 council under section 182 of the former Act and in force 23 immediately before the commencement. 24 `(2) On the commencement, the certificate continues in force as if 25 it had been issued by Skills Queensland under this Act. 26 `384 Decision by council to cancel a recognition certificate 27 `(1) This section applies to a decision to cancel a recognition 28 certificate made by the council under section 182 of the 29 Page 35

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] former Act and in force immediately before the 1 commencement. 2 `(2) On the commencement, the cancellation continues in force as 3 if the decision to cancel had been made by Skills Queensland 4 under this Act. 5 `385 Declaration of training to be apprenticeship or 6 traineeship 7 `(1) This section applies to a declaration made by the council that 8 employment based training is an apprenticeship or traineeship 9 under section 183 of the former Act and in force immediately 10 before the commencement. 11 `(2) On the commencement, the declaration continues in force as 12 if it had been made by Skills Queensland under this Act. 13 `386 Application for employment exemption for young 14 person 15 `(1) This section applies if-- 16 (a) before the commencement, an application was made by 17 a young person or a parent of a young person to the 18 council, under section 183A of the former Act, for an 19 employment exemption for the young person; and 20 (b) immediately before the commencement, the application 21 had not been decided. 22 `(2) Skills Queensland may decide the application under this Act. 23 `387 Decision about employment exemption 24 `(1) This section applies to a decision made by the council to grant 25 or refuse to grant an employment exemption under section 26 183B of the former Act and in force immediately before the 27 commencement. 28 `(2) On the commencement, the decision continues in force as if it 29 had been made by Skills Queensland under this Act. 30 Page 36

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `388 Application to amend or cancel employment 1 exemption 2 `(1) This section applies if-- 3 (a) before the commencement, a young person or a parent 4 of a young person applied to the council, under section 5 183C of the former Act, to amend or cancel the 6 employment exemption for the young person; and 7 (b) immediately before the commencement, the application 8 had not been decided. 9 `(2) Skills Queensland may decide the application under this Act. 10 `389 Decision to amend or cancel employment exemption 11 `(1) This section applies to a decision made by the council to 12 amend or cancel an employment exemption under section 13 183C of the former Act in force immediately before the 14 commencement. 15 `(2) On the commencement, the decision continues in force as if it 16 had been made by Skills Queensland under this Act. 17 `390 Process to recognise non-departmental employment 18 skills development program 19 `(1) This section applies if-- 20 (a) before the commencement, the council was undertaking 21 a process to decide whether to recognise a 22 non-departmental employment skills development 23 program under section 183D of the former Act; and 24 (b) immediately before the commencement, the council had 25 not made its decision. 26 `(2) Skills Queensland may continue the process under this Act 27 and decide whether to recognise the non-departmental 28 employment skills development program. 29 Page 37

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `391 Recognition of non-departmental employment skills 1 development program 2 `(1) This section applies if the council recognised a 3 non-departmental employment skills development program 4 under section 183D of the former Act and the recognition was 5 in force immediately before the commencement. 6 `(2) On the commencement, the recognition continues in force as 7 if it had been granted by Skills Queensland under this Act. 8 `392 Process to recognise corporation as group training 9 organisation 10 `(1) This section applies if-- 11 (a) before the commencement, the council was undertaking 12 a process to decide whether to recognise a corporation 13 as a group training organisation under section 221 of the 14 former Act; and 15 (b) immediately before the commencement, the council had 16 not made its decision. 17 `(2) Skills Queensland may continue the process under this Act 18 and decide whether to recognise the corporation as a group 19 training organisation. 20 `393 Recognition of corporation as group training 21 organisation 22 `(1) This section applies if the council recognised a corporation as 23 a group training organisation under section 221 of the former 24 Act and the recognition was in force immediately before the 25 commencement. 26 `(2) On the commencement, the recognition continues in force as 27 if it had been granted by Skills Queensland under this Act. 28 `394 Process to withdraw recognition of corporation as 29 group training organisation 30 `(1) This section applies if-- 31 Page 38

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] (a) before the commencement, the council was undertaking 1 a process to decide whether to withdraw the recognition 2 of a corporation as a group training organisation under 3 section 223 of the former Act; and 4 (b) immediately before the commencement, the council had 5 not made its decision. 6 `(2) Skills Queensland may continue the process under this Act 7 and decide whether to withdraw the recognition of the 8 corporation as a group training organisation. 9 `395 Withdrawal of recognition of corporation as group 10 training organisation 11 `(1) This section applies if the council withdrew the recognition of 12 a corporation as a group training organisation under section 13 223 of the former Act and the withdrawal was in force 14 immediately before the commencement. 15 `(2) On the commencement, the decision to withdraw the 16 recognition continues in force as if it had been made by Skills 17 Queensland under this Act. 18 `396 Process to recognise entity as principal employer 19 organisation 20 `(1) This section applies if-- 21 (a) before the commencement, the council was undertaking 22 a process to decide whether to recognise an entity as a 23 principal employer organisation under section 223A of 24 the former Act; and 25 (b) immediately before the commencement, the council had 26 not made its decision. 27 `(2) Skills Queensland may continue the process under this Act 28 and decide whether to recognise the entity as a principal 29 employer organisation. 30 Page 39

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `397 Recognition of entity as principal employer 1 organisation 2 `(1) This section applies if the council recognised an entity as a 3 principal employer organisation under section 223A of the 4 former Act and the recognition was in force immediately 5 before the commencement. 6 `(2) On the commencement, the recognition continues in force as 7 if it had been granted by Skills Queensland under this Act. 8 `398 Process to withdraw recognition of entity as principal 9 employer organisation 10 `(1) This section applies if-- 11 (a) before the commencement, the council was undertaking 12 a process to decide whether to withdraw the recognition 13 of an entity as a principal employer organisation under 14 section 223C of the former Act; and 15 (b) immediately before the commencement, the council had 16 not made its decision. 17 `(2) Skills Queensland may continue the process under this Act 18 and decide whether to withdraw the recognition of the entity 19 as a principal employer organisation. 20 `399 Withdrawal of recognition of entity as principal 21 employer organisation 22 `(1) This section applies if the council withdrew the recognition of 23 an entity as a principal employer organisation under section 24 223C of the former Act and the withdrawal was in force 25 immediately before the commencement. 26 `(2) On the commencement, the decision to withdraw the 27 recognition continues in force as if it had been made by Skills 28 Queensland under this Act. 29 Page 40

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `400 Skills Queensland substituted for council in 1 proceedings in QCAT and Industrial Commission 2 `(1) This section applies if-- 3 (a) immediately before the commencement, the council was 4 a party to a proceeding in QCAT or the Industrial 5 Commission in relation to a decision of the council 6 about a matter under the former Act; and 7 (b) on the commencement, Skills Queensland will make 8 decisions for similar matters under its functions under 9 this Act. 10 `(2) On the commencement, Skills Queensland becomes a party to 11 the proceeding instead of the council. 12 `401 Appeal in Industrial Commission about decisions of 13 council 14 `(1) This section applies if-- 15 (a) before the commencement, the council made a decision 16 about a matter mentioned in section 230; and 17 (b) immediately before the commencement, a person 18 aggrieved by the decision had not appealed. 19 `(2) The person may appeal to the industrial commission under 20 this Act as if the decision about the matter had been made by 21 Skills Queensland. 22 `(3) Nothing in this section affects -- 23 (a) the requirement that the aggrieved person start the 24 appeal within 21 days after receiving an information 25 notice for the decision being appealed; or 26 (b) the industrial commission's power to extend the time for 27 starting an appeal. 28 `402 Skills Queensland to replace council for matter 29 remitted by industrial commission 30 `(1) This section applies if-- 31 Page 41

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] (a) before the commencement, the council made a decision 1 about a matter mentioned in section 230; and 2 (b) on the commencement, the decision is the subject of a 3 proceeding; and 4 (b) the industrial commission allows the appeal and remits a 5 matter to the person who made the decision under 6 section 233(2)(d). 7 `(2) The matter is remitted to Skills Queensland instead of to the 8 council. 9 `403 Delegations by council to continue as delegations by 10 Skills Queensland 11 `(1) This section applies to the following in force immediately 12 before the commencement and relating to a power or function 13 that Skills Queensland has under this Act-- 14 (a) a delegation by the council to an entity under section 15 186(1) of the former Act; 16 (b) a subdelegation by an entity under section 186(2) of the 17 former Act. 18 `(2) On the commencement, Skills Queensland is taken to replace 19 the council as delegator and the delegation or subdelegation 20 continues in force until the earlier of the following-- 21 (a) Skills Queensland makes a new delegation for the 22 matter the subject of the delegation; 23 (b) 6 months after the commencement. 24 `404 Guidelines for council to continue as guidelines for 25 Skills Queensland 26 `(1) This section applies to a guideline for the council in force 27 immediately before the commencement that relates to a power 28 or function that Skills Queensland has under this Act. 29 Page 42

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 39] `(2) The guideline continues in force under this Act as if it had 1 been made by Skills Queensland until the earlier of the 2 following-- 3 (a) Skills Queensland makes a new guideline for the matter 4 the subject of the guideline; 5 (b) 6 months after the commencement. 6 `405 Council's approved forms to continue as approved 7 forms of Skills Queensland 8 `(1) This section applies to an approved form in force immediately 9 before the commencement that relates to a power or function 10 that Skills Queensland has under this Act. 11 `(2) The approved form continues in force under this Act as if it 12 had been approved by Skills Queensland until the earlier of 13 the following-- 14 (a) Skills Queensland approves a new form for the matter 15 the subject of the form; 16 (b) 6 months after the commencement. 17 `406 Transitional regulation-making power 18 `(1) A regulation (a transitional regulation) may make provision 19 about a matter for which-- 20 (a) it is necessary to make provision to allow or facilitate 21 Skills Queensland to do either of the following after the 22 commencement-- 23 (i) perform functions previously performed by the 24 council under the former Act; 25 (ii) complete matters started by the council under the 26 former Act; and 27 (b) this Act does not make provision or sufficient provision. 28 `(2) A transitional regulation may have retrospective operation to a 29 day not earlier than the commencement. 30 Page 43

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 6 Amendment of Vocational Education, Training and Employment Act 2000 [s 40] `(3) A transitional regulation must declare it is a transitional 1 regulation. 2 `(4) This section and any transitional regulation expire 1 year after 3 the commencement.'. 4 Clause 40 Amendment of sch 3 (Dictionary) 5 (1) Schedule 3, definitions, accreditation, accredited, amended, 6 another jurisdiction, appropriately qualified, approved form, 7 approved guideline, AQF, AQTF, Commonwealth Act, 8 compliance audit, condition, corresponding law, council, 9 course accrediting body, guideline, jurisdiction, legislative 10 compliance standard, Ministerial Council, nationally 11 endorsed, National Quality Council, national register, 12 national standards, prohibition, qualification, registered, 13 registered training organisation, registering body, 14 registration, restriction, scope of registration, standards for 15 accreditation of courses, standards for registered training 16 organisations, standards for State and Territory registering 17 and course accrediting bodies, statement of attainment, this 18 jurisdiction, training package, unit of competency and 19 vocational education and training-- 20 omit. 21 (2) Schedule 3-- 22 insert-- 23 `appropriately qualified, for a person or entity to whom a 24 function or power may be delegated or subdelegated, includes 25 having the qualifications, experience or standing appropriate 26 for the function or power. 27 approved form see section 152B. 28 approved guideline means a guideline made by Skills 29 Queensland that is in force under section 152A. 30 AQF means the Australian Qualifications Framework as 31 defined in the Commonwealth Act, section 3. 32 Page 44

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Part 7 Consequential amendments [s 41] Commonwealth Act means the National Vocational 1 Education and Training Regulator Act 2011 (Cwlth). 2 qualification means a VET qualification as defined in the 3 Commonwealth Act, section 3. 4 registered training organisation see section 14. 5 statement of attainment means a VET statement of 6 attainment as defined in the Commonwealth Act, section 3. 7 unit of competency means a specification of knowledge and 8 skill and their application to a specified standard of 9 performance. 10 vocational education and training means the education and 11 training and qualifications and statements of attainment under 12 the vocational education and training provisions of the AQF.'. 13 Part 7 Consequential amendments 14 Clause 41 Legislation amended 15 The schedule amends the legislation it mentions. 16 Page 45

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Schedule Schedule Legislation amended 1 section 41 2 Part 1 Amendment of this Act 3 1 Long title, from `Constitution,'-- 4 omit, insert-- 5 `Constitution.'. 6 Part 2 Amendment of other legislation 7 Agricultural College Act 2005 8 1 Schedule 2, dictionary, definition qualification, `section 9 19'-- 10 omit, insert-- 11 `schedule 3'. 12 2 Schedule 2, dictionary, definition statement of 13 attainment, `section 19'-- 14 omit, insert-- 15 `schedule 3'. 16 Page 46

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Schedule Commission for Children and Young People and Child 1 Guardian Act 2000 2 1 Schedule 7, dictionary, definition education provider, 3 paragraph (c), `, section 19'-- 4 omit. 5 Education (General Provisions) Act 2006 6 1 Section 23(1)(b), `an accredited course'-- 7 omit, insert-- 8 `a VET course'. 9 2 Section 23(3)(b), `accredited course'-- 10 omit, insert-- 11 `VET course'. 12 3 Section 23(5), definition accredited course-- 13 omit, insert-- 14 `VET course means a VET course under the National 15 Vocational Education and Training Regulator Act 2011 16 (Cwlth).'. 17 4 Section 232, table, column 1, `a course of vocational 18 education and training provided under the VETE Act'-- 19 omit, insert-- 20 `a VET course under the National Vocational Education and 21 Training Regulator Act 2011 (Cwlth)'. 22 Page 47

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Schedule 5 Schedule 4, dictionary, definition AQF, `section 19'-- 1 omit, insert-- 2 `schedule 3'. 3 Education (Queensland Studies Authority) Act 2002 4 1 Section 14(a)-- 5 omit, insert-- 6 `(a) to exercise powers delegated to the authority, by the 7 National VET Regulator under the National Vocational 8 Education and Training Regulator Act 2011 (Cwlth), 9 section 224;'. 10 2 Section 14(b)-- 11 omit, insert-- 12 `(b) to inform the public about training organisations 13 registered under the delegation.'. 14 3 Section 15(f)(viii)-- 15 omit, insert-- 16 `(viii) registered training organisations under the 17 National Vocational Education and Training 18 Regulator Act 2011 (Cwlth);'. 19 4 Section 74, `Training and Employment Recognition 20 Council'-- 21 omit, insert-- 22 `National VET Regulator'. 23 Page 48

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Schedule 5 Section 74, `Vocational Education, Training and 1 Employment Act 2000, section 186'-- 2 omit, insert-- 3 `National Vocational Education and Training Regulator Act 4 2011 (Cwlth), section 224'. 5 Education (Work Experience) Act 1996 6 1 Section 5(1)(f)-- 7 omit, insert-- 8 `(f) if the student is enrolled in a registered training 9 organisation within the meaning of the Vocational 10 Education, Training and Employment Act 2000--the 11 organisation; or'. 12 Industrial Relations Act 1999 13 1 Sections 137(4)(b)(i), 138(3)(b)(i), 138A(5), definition 14 probationary period, 138B(3), 139A(1)(c)(i), 140(3)(b)(i), 15 140A(2)(b)(i), 391(2)(b), `the Training and Employment 16 Recognition Council'-- 17 omit, insert-- 18 `Skills Queensland'. 19 2 After section 779-- 20 insert-- 21 Page 49

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Schedule `Part 13 Transitional provision for 1 Vocational Education and 2 Training (Commonwealth 3 Powers) and Other Acts 4 Amendment Act 2011 5 `780 Continuation of decisions made by approving authority 6 `(1) This section applies to a decision of the Training and 7 Employment Recognition Council as approving authority that 8 is in force immediately before the commencement of this 9 section. 10 `(2) The decision is taken, on the commencement to be a decision 11 of Skills Queensland as the approving authority.'. 12 3 Schedule 5, dictionary, definition approving authority, -- 13 omit, insert-- 14 `approving authority means Skills Queensland established 15 under the Vocational Education, Training and Employment 16 Act 2000, section 146.'. 17 4 Schedule 5, dictionary, definition group training 18 organisation, `the Training and Employment Recognition 19 Council'-- 20 omit, insert-- 21 `Skills Queensland'. 22 5 Schedule 5, dictionary, definition Training and 23 Employment Recognition Council-- 24 omit. 25 Page 50

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Schedule Pest Management Act 2001 1 1 Schedule 3, dictionary, definition registered training 2 organisation-- 3 omit, insert-- 4 `registered training organisation see the Vocational 5 Education, Training and Employment Act 2000, schedule 3.'. 6 Public Health (Infection Control for Personal 7 Appearance Services) Act 2003 8 1 Schedule 2, dictionary, definition registered training 9 organisation-- 10 omit, insert-- 11 `registered training organisation see the Vocational 12 Education, Training and Employment Act 2000, schedule 3.'. 13 Vocational Education, Training and Employment Act 14 2000 15 1 Sections 7, 8, 50(4), 53, 54(4), 54(5), 54(6), 57(1), 57(1A), 16 58(1), 63(1), 63(3), 63(4), 64(4), 64(5), 64(8), 64(9), 65(2), 17 65(4), 65(5), 66(1), 66(3), 69(2), 70, 71(1), 76(1), 76(3), 76(4), 18 76(5), 77(2), 77(2), example, 77(3), 77(4), 82(2), 82(3), 83(4), 19 83(6), 84(1), 84(5), 84(6), 84(7), 84(8), 86(2), 86(2A), 86(3), 20 86(3)(b), example, 86(4), 108(1), 109(3), 111(1), 111(2), 21 118(1), 118(3), 118(5), 121(2), 121(3), 121(6), definition 22 approved time, 122(3), 123(3), 134(1)(a), 134(1)(c), 134(2), 23 138(1), 139(2), 140(1), 140(2), 141(1)(b), 141(3), 141A(2)(a), 24 141A(2)(b), 141C, 141D(1)(b), 141D(4), 182(1), 182(2), 25 182(5), 183A(1), 183A(3), 183B(1), 183B(2) and 183B(3), 26 183C(3), 183C(4), 221(2), 223(2), 223A(2), 223C(2), 27 Page 51

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Schedule 262(1)(e)(ii), 277(2), definition official, 289(2)(b), 289(3), 1 289(4), 289(5), 289(8), schedule 3, dictionary, definitions 2 appropriately qualified, completion certificate, group 3 training organisation, information notice, principal 4 employer organisation, probationary period, restricted 5 calling, `the council'-- 6 omit, insert-- 7 `Skills Queensland'. 8 2 Sections 49(1), 50(1), 54(1), 54(2), 54(3), 63(2), 64(7), 64(8), 9 65(6), 66(1), 66(2), 71(2), 71(3), 76(2), 77(3), 77(5), 83(1), 10 83(7), 84(2), 84(3), 84(4), 89(1), 109(1), 109(2), 118(2), 11 118(4), 121(3), 121(4), 138(2), 141C, 182(4), 183(2), 12 183C(1), 183D(1), 183D(2), 183E, 221(1), 223(1), 223A(1), 13 223C(1), `The council'-- 14 omit, insert-- 15 `Skills Queensland'. 16 3 Sections 53, heading, 109, heading, 138, heading, 182, 17 heading, `council'-- 18 omit, insert-- 19 `Skills Queensland'. 20 4 Chapter 5, heading, `council'-- 21 omit, insert-- 22 `Skills Queensland'. 23 5 Section 65, heading, `Council's'-- 24 omit, insert-- 25 `Skills Queensland's'. 26 6 Sections 65(7), 66(1), 110, 134(1)(a)(vi), 134(1)(b), 27 134(1)(d), 138(1)(b), 139(1), 140(1), 141(1), 141D(1), `the 28 council's'-- 29 Page 52

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 Schedule omit, insert-- 1 `Skills Queensland's'. 2 7 Sections 141C, heading, 183D, heading, 183E, heading, 3 `Council'-- 4 omit, insert-- 5 `Skills Queensland'. 6 8 Section 282(4), definition disclosure body, paragraph 7 (a)-- 8 omit. 9 9 Section 282(4), definition disclosure body, paragraph (d), 10 `(a),'-- 11 omit. 12 10 Section 286(3)(c), `the council or ombudsman'-- 13 omit, insert-- 14 `Skills Queensland or the ombudsman'. 15 11 Section 289(2)(a)(ii)-- 16 omit. 17 12 Section 289(7), `, the council'-- 18 omit. 19 13 Section 290(3)(c)-- 20 omit. 21 22 Page 53

 


 

Vocational Education and Training (Commonwealth Powers) and Other Acts Amendment Bill 2011 © State of Queensland 2011 Page 54

 


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