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Queensland
VOCATIONAL EDUCATION,
TRAINING AND
EMPLOYMENT
AMENDMENT BILL 1993
Queensland
VOCATIONAL EDUCATION, TRAINING
AND EMPLOYMENT AMENDMENT
BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s.1.3 (Objects) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s.1.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s.2.2 (Membership of Commission) . . . . . . . . . . . . . . . . . . . 8
7 Amendment of s.2.4 (Functions of Commission) . . . . . . . . . . . . . . . . . . . . . 9
8 Insertion of new s 2.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.4A Functions of Commission in relation to ANTA . . . . . . . . . . . . . . . . . 10
9 Amendment of s.2.5 (Powers of Commission) . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s.2.7 (Commission's rules) . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Amendment of s.2.14 (Functions and powers of Accreditation Council) . . 11
12 Amendment of s.2.48 (Establishment and constitution of councils) . . . . . . 12
13 New Division 8 of Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 8--ANTA
2.55 Conferral of functions on ANTA in relation to State . . . . . . . . . . . . 13
2.56 Powers of ANTA in State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Amendment of s.3.6 (Offence re advertising vocational education
and training establishment or program) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Replacement of section 3.7 (Authority required to confer awards) . . . . . . . 14
3.7 Control over matters about the conferring of awards . . . . . . . . . . . . 14
2
Vocational Education, Training and
Employment Amendment
16 Replacement of Divisions 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Approved training schemes
3.8 Approved training schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3.9 Prohibition of premium for training scheme . . . . . . . . . . . . . . . . . . . 17
3.10 Training agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3.11 Trainee probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.12 Amendment of training agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.13 Period of training scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.14 Temporary assignment of trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.15 Trainees attendance at courses of instruction . . . . . . . . . . . . . . . . . . 21
3.16 Trainee or apprentice not required to be member of
industrial organisation of employees . . . . . . . . . . . . . . . . . . . . . . . . . 22
3.17 Minimum qualifications for apprenticeships . . . . . . . . . . . . . . . . . . . 22
3.18 Restrictions on employing persons under 21 in an
apprenticeship calling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3.19 Employer's entitlement to apprentice . . . . . . . . . . . . . . . . . . . . . . . . 23
3.20 Apprentice must be paid for course time . . . . . . . . . . . . . . . . . . . . . . 24
17 Amendment of s.3.51 (Offences concerning employment of
apprentices or trainees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
18 Replacement of s.4.3 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4.3 Approved forms of State Training Council . . . . . . . . . . . . . . . . . . . . 25
19 Amendment of s.4.14 (Destruction etc. of documents) . . . . . . . . . . . . . . . . . 25
20 Amendment of s.4.20 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 26
21 Amendment of s.4.21 (Appeal to Commission or Minister) . . . . . . . . . . . . . 26
22 Replacement of Part 5 (Repeals and transitional provisions) . . . . . . . . . . . 27
PART 5--TRANSITIONAL PROVISIONS
5.1 Indentures become training agreements . . . . . . . . . . . . . . . . . . . . . . . 27
5.2 Apprenticeships and traineeships become approved
training schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
5.3 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3
Vocational Education, Training and
Employment Amendment
23 Insertion of new Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SCHEDULE
NATIONAL VOCATIONAL EDUCATION AND TRAINING
STATEMENT
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 41
MINOR AND CONSEQUENTIAL AMENDMENTS
1993
A BILL
FOR
An Act to amend the Vocational Education, Training and Employment
Act 1991
6
Vocational Education, Training and
Employment Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Vocational Education, Training and 3
Clause1.
Employment Amendment Act 1993. 4
5
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 6
Act 7
Amended
The Vocational Education, Training and Employment Act 1991 is 8
Clause3.
amended as set out in this Act. 9
of s.1.3 (Objects) 10
Amendment
Section 1.3-- 11
Clause4.
insert-- 12
`(i) to improve links between vocational education and training and 13
secondary or higher education; and 14
(j) to promote the development of a national vocational education 15
and training system in accordance with the National Statement.'. 16
of s.1.4 (Interpretation) 17
Amendment
Section 1.4 (definitions "accredit", "accredited course", 18
Clause5.(1)
"apprentice", "apprenticeship calling", "award or industrial 19
agreement", "commencement of this Act", "Director-General", 20
"eligible apprentice", "eligible trainee", "indenture", "ratification" and 21
"training agreement")-- 22
omit. 23
7
Vocational Education, Training and
Employment Amendment
(2) Section 1.4-- 1
insert-- 2
` "accreditation" of a course means confirmation that the course has met 3
standards set by the Commission; 4
"ANTA" means the Australian National Training Authority established 5
under the Australian National Training Authority Act 1992 6
(Commonwealth); 7
"ANTA Act" means the Australian National Training Authority Act 1992 8
(Commonwealth); 9
"apprentice" means a person who is registered as an apprentice under this 10
Act, whether or not the person has entered into a training agreement 11
with an employer; 12
"apprenticeship" means an approved training scheme under 13
section 3.8(2)(b); 14
"apprenticeship calling" means a trade that is approved under 15
section 3.8(9) as an apprenticeship calling; 16
"approved training organisation" means a vocational education and 17
training establishment that is recognised as an approved training 18
organisation under section 3.1; 19
"approved training scheme" has the meaning given by section 3.8(1); 20
"award" means a certificate, advanced certificate, associate diploma, 21
diploma or other award that is approved by the Commission; 22
"chief executive" means the chief executive of the department; 23
"course" means a structured sequence of vocational education and training; 24
"industrial award or industrial agreement" means an award or 25
industrial agreement made or registered under-- 26
(a) the Industrial Relations Act 1990; or 27
(b) the Industrial Relations Act 1988 (Commonwealth); 28
"Ministerial Council" means the Ministerial Council established in 29
accordance with the National Statement; 30
"National Statement" means the statement set out in the Schedule; 31
8
Vocational Education, Training and
Employment Amendment
"National Strategic Plan" has the meaning given to it in the National 1
Statement; 2
"recognition" of a training program or short course means confirmation 3
that the program or course has met standards set by the Commission; 4
"registration" of a person providing a course, training program or short 5
course means confirmation that the person has met standards set by 6
the Commission; 7
"short course" means a course-- 8
(a) that does not contain a component of an accredited course; and 9
(b) for which a person completing the course does not receive an 10
award; 11
"State Training Profile" has the meaning given to it in the National 12
Statement; 13
"traineeship" means an approved training scheme under section 3.8(2)(a); 14
"training agreement" means an agreement of training, binding a trainee or 15
apprentice and an employer, made under this Act; 16
"training program" means a course-- 17
(a) that contains a component of an accredited course; and 18
(b) for which a person completing the course does not receive an 19
award;'. 20
of s.2.2 (Membership of Commission) 21
Amendment
Clause6.(1) Section 2.2(1)(c)(ii)-- 22
omit `for Education', 23
insert `charged with the administration of the Education (General 24
Provisions) Act 1989'. 25
(2) Section 2.2(1)(d)-- 26
omit `who is a member ex officio'. 27
(3) Section 2.2(1)-- 28
insert-- 29
9
Vocational Education, Training and
Employment Amendment
`(f) the chief executive.'. 1
(4) Section 2.2(2) and (3)-- 2
omit, insert-- 3
`(2) The members of the Commission (other than the general manager of 4
the Commission and the chief executive) are to be appointed by the 5
Governor in Council. 6
`(3) The Governor in Council is to designate a member of the 7
Commission to be chairperson of the Commission and another member to 8
be deputy chairperson of the Commission. 9
`(4) The deputy chairperson is to act as chairperson during-- 10
(a) all vacancies in the office of chairperson; and 11
(b) all periods when the chairperson is absent from duty or, for 12
another reason, cannot perform the functions of the office.'. 13
of s.2.4 (Functions of Commission) 14
Amendment
Clause7.(1) Section 2.4(a) (after `ensure')-- 15
insert `efficient and'. 16
(2) Section 2.4(d)-- 17
omit, insert-- 18
`(d) to decide policy about-- 19
(i) the accreditation of courses; and 20
(ii) the recognition of training programs and short courses; and 21
(iii) the registration of persons providing courses, training 22
programs or short courses; and 23
(iv) the conferment of awards; and'. 24
(3) Section 2.4-- 25
insert-- 26
`(o) the Commission's functions mentioned in section 2.4A as the 27
10
Vocational Education, Training and
Employment Amendment
State training agency for Queensland under the National 1
Statement.'. 2
of new s 2.4A 3
Insertion
Clause8. After section 2.4-- 4
insert-- 5
of Commission in relation to ANTA 6
`Functions
`2.4A(1) The Commission is the State training agency for Queensland 7
under the National Statement. 8
`(2) In relation to ANTA, the functions of the Commission are-- 9
(a) to advise ANTA about-- 10
(i) the development of vocational education and training policy; 11
and 12
(ii) the development of the National Strategic Plan; and 13
(iii) the vocational education and training needs of the State; and 14
(b) to consult with ANTA about the allocation of funds by the 15
Authority to the Commission; and 16
(c) to develop with ANTA a State Training Profile based on the 17
planning parameters set by the Ministerial Council and the 18
National Strategic Plan; and 19
(d) to ensure vocational education and training is managed and 20
delivered in accordance with the National Strategic Plan and the 21
State Training Profile; and 22
(e) to consult with ANTA to enable it to make recommendations to 23
the Ministerial Council for the more effective and efficient 24
delivery of vocational education and training; and 25
(f) to provide information to ANTA to enable it to maintain national 26
data on vocational education and training; and 27
(g) to provide annual vocational education and training performance 28
reports to ANTA; and 29
11
Vocational Education, Training and
Employment Amendment
(h) to perform other functions given under the National Statement to 1
Queensland's State training agency.'. 2
of s.2.5 (Powers of Commission) 3
Amendment
Section 2.5-- 4
Clause9.
insert-- 5
`(j) to do all things necessary or convenient to be done for or in 6
connection with the performance of its functions.'. 7
of s.2.7 (Commission's rules) 8
Amendment
Clause10. Section 2.7(1) and (2)-- 9
omit, insert-- 10
`2.7(1) The Commission, with the approval of the Minister, may make 11
rules with respect to-- 12
(a) the accreditation of courses; and 13
(b) the recognition of training programs and short courses; and 14
(c) the recognition of vocational education and training 15
establishments as approved training organisations; and 16
(d) the registration of persons providing courses, training programs 17
or short courses; and 18
(e) fees payable for the matters mentioned in paragraphs (a) to (d); 19
and 20
(f) standing committees and subcommittees appointed under 21
section 2.5. 22
`(2) The rules are subordinate legislation.'. 23
of s.2.14 (Functions and powers of Accreditation 24
Amendment
Council) 25
Clause11. Section 2.14(1)(a) to (d)-- 26
12
Vocational Education, Training and
Employment Amendment
omit, insert-- 1
`(a) to make decisions and orders about-- 2
(i) the accreditation of courses; and 3
(ii) the recognition of training programs and short courses; and 4
(iii) the registration of persons providing courses, training 5
programs or short courses; and 6
(b) to review accredited courses, recognised training programs and 7
recognised short courses to ensure maintenance of standards and 8
portability of awards; and 9
(c) to administer a system of awards; and 10
(d) to liaise about accreditation and recognition with-- 11
(i) other recognition bodies; and 12
(ii) providers of secondary and higher education; and 13
(iii) persons conducting vocational education and training 14
establishments;'. 15
of s.2.48 (Establishment and constitution of councils) 16
Amendment
Section 2.48(1)-- 17
Clause12.(1)
omit, insert-- 18
`2.48(1) In this section-- 19
"officer" of a State college means an officer of the public service employed 20
at the State college. 21
`(1A) A college council must be established for each State college in the 22
way decided by the Minister.'. 23
(2) Section 2.48(2)(b) to (d)-- 24
omit, insert-- 25
`(b) an officer of the department nominated by the chief executive; and 26
(c) an officer of the Commonwealth department responsible for 27
vocational education and training nominated by the chief officer 28
13
Vocational Education, Training and
Employment Amendment
of the Commonwealth department in the State; and 1
(d) an officer of the State college nominated by the staff; and'. 2
Division 8 of Part 2 3
New
In Part 2-- 4
Clause13.
insert-- 5
`Division 8--ANTA 6
of functions on ANTA in relation to State 7
`Conferral
`2.55 ANTA has the functions, in relation to the State, that are expressed 8
to be conferred on it by the ANTA Act. 9
of ANTA in State 10
`Powers
`2.56(1) In this State, ANTA has power to do all things in the 11
performance of the functions, and may exercise the powers, expressed to be 12
conferred on it by-- 13
(a) this Act; or 14
(b) the ANTA Act; or 15
(c) the law of a another State or a Territory corresponding to this Act. 16
`(2) In this State, ANTA also has power to do all things necessary or 17
convenient to be done in the performance of the functions expressed to be 18
conferred on it by the laws mentioned in subsection (1). 19
`(3) This section is in addition to, and does not limit, another law of the 20
Commonwealth, a State or a Territory that confers power on ANTA.'. 21
of s.3.6 (Offence re advertising vocational education and 22
Amendment
training establishment or program) 23
Clause14. Before section 3.6(1)-- 24
insert-- 25
14
Vocational Education, Training and
Employment Amendment
`3.6(1A) In this section-- 1
"vocational education and training establishment" includes a State 2
college.'. 3
of section 3.7 (Authority required to confer awards) 4
Replacement
Section 3.7-- 5
Clause15.
omit, insert-- 6
over matters about the conferring of awards 7
`Control
`3.7(1) In this section-- 8
"advertisement" of a matter includes a verbal or written representation 9
that-- 10
(a) is intended to inform, or is likely to have the effect of informing, 11
another person of the matter; or 12
(b) is intended, or likely, to induce another person to believe the 13
matter; 14
"prescribed words" means-- 15
(a) if the course for which the award is issued has not been 16
accredited-- 17
`The course for which this award is issued has not been 18
accredited under the Vocational Education, Training and 19
Employment Act 1991'; and 20
(b) if the person conferring or offering to confer the award is not 21
registered to provide the course for the award-- 22
`The provider of this award is not registered under the Vocational 23
Education, Training and Employment Act 1991'; 24
"vocational education and training establishment" includes a State 25
college. 26
`(2) A person conducting a vocational education and training 27
establishment is authorised to confer an award-- 28
(a) if-- 29
15
Vocational Education, Training and
Employment Amendment
(i) the person provides, and is registered by the Accreditation 1
Council to provide, the course for the award; and 2
(ii) the course has been accredited by the Accreditation Council; 3
or 4
(b) if the person is authorised by a law of the Commonwealth, 5
another State or a Territory to confer the award. 6
`(3) A person conducting a vocational education and training 7
establishment who is not authorised to confer an award must not-- 8
(a) confer the award; or 9
(b) offer to confer the award; or 10
(c) advertise that the person is authorised to confer the award. 11
Maximum penalty--40 penalty units. 12
`(4) A person conducting a vocational education and training 13
establishment must not advertise that another person who is not authorised 14
to confer an award-- 15
(a) confers the award; or 16
(b) offers to confer the award; or 17
(c) is authorised to confer the award. 18
Maximum penalty--40 penalty units. 19
`(5) Subsections (3) and (4) apply to-- 20
(a) a person conducting a vocational education and training 21
establishment in Queensland who does any of the acts mentioned 22
in either subsection in Queensland or elsewhere; and 23
(b) a person conducting a vocational education and training 24
establishment outside Queensland who does any of the acts 25
mentioned in either subsection in Queensland. 26
`(6) Despite subsection (3), a person who is not authorised to confer an 27
award may-- 28
(a) if the prescribed words are written on the award--confer the 29
award; and 30
16
Vocational Education, Training and
Employment Amendment
(b) if the prescribed words are stated in any offer or advertisement 1
made by or on behalf of the person--offer to confer the award or 2
advertise that the person may lawfully confer the award.'. 3
of Divisions 2 and 3 4
Replacement
Divisions 2 and 3-- 5
Clause16.
omit, insert-- 6
`Division 2--Approved training schemes 7
training schemes 8
`Approved
`3.8(1) The State Training Council may approve a type of training 9
scheme (an "approved training scheme") it considers necessary or 10
desirable to advance the knowledge and skills required in industry or 11
commerce. 12
`(2) An approved training scheme may consist of-- 13
(a) a traineeship; or 14
(b) an apprenticeship-- 15
(i) in an apprenticeship calling; or 16
(ii) to a group of occupations, at least 1 of which is an 17
apprenticeship calling; or 18
(iii) in part of an apprenticeship calling. 19
`(3) The Council must decide the training required to be completed by a 20
trainee or apprentice in an approved training scheme. 21
`(4) The training may include a course of instruction or on-the-job 22
training. 23
`(5) A person employing an apprentice in an approved training scheme 24
must employ the apprentice under a training agreement. 25
Maximum penalty--40 penalty units. 26
`(6) The Council may require or authorise a trainee, or a type of trainee, 27
employed in an approved training scheme to be employed under a training 28
17
Vocational Education, Training and
Employment Amendment
agreement. 1
`(7) An employer may apply to the Council to employ a person, under a 2
training agreement, in a training scheme not approved by the Council. 3
`(8) If the Council approves the application, this Act applies to the 4
training agreement as if the training scheme were an approved training 5
scheme. 6
`(9) The Council may approve a trade, generally or in a particular 7
industry, to be an apprenticeship calling. 8
`(10) The provisions of this Act about apprenticeships or apprentices 9
apply to all apprenticeship callings. 10
`(11) The Council must notify an approval under subsection (1) or (9) in 11
the Industrial Gazette. 12
of premium for training scheme 13
`Prohibition
`3.9(1) In this section-- 14
"trainee" includes an apprentice. 15
`(2) A person must not demand, accept or agree to accept (directly or 16
indirectly) from another person a premium for-- 17
(a) employing a trainee in a training scheme; or 18
(b) inducing, or attempting to induce, another person to employ a 19
trainee in a training scheme; or 20
(b) cancelling a training agreement. 21
Maximum penalty--40 penalty units. 22
`(3) If a court finds a person guilty of accepting a premium in 23
contravention of subsection (2), it may order the person to-- 24
(a) return the premium to the person who gave the premium; or 25
(b) reimburse the person who gave the premium. 26
`(4) Subsection (3) does not affect the court's power to impose a penalty. 27
`(5) An order under subsection (3) may be filed in a court with 28
18
Vocational Education, Training and
Employment Amendment
jurisdiction in an action for debt for the amount payable under the order 1
("filing court") and be enforced as an order of the filing court. 2
agreements 3
`Training
`3.10(1) In this section-- 4
"trainee" includes an apprentice. 5
`(2) If an employer agrees to employ a person in an approved training 6
scheme that requires employment under a training agreement, the employer 7
must send to the State Training Council-- 8
(a) an application for the person's registration as a trainee; and 9
(b) a training agreement. 10
Maximum penalty--40 penalty units. 11
`(3) The application and training agreement must be signed by the 12
following persons (the "parties to the agreement")-- 13
(a) the employer; 14
(b) the person; 15
(c) if the person is a minor--the person's guardian. 16
`(4) On receiving the application and training agreement, the Council 17
must record the following particulars in a register-- 18
(a) the names of the parties to the agreement; 19
(b) any other particulars decided by the Council. 20
`(5) The Council must consider the application and approve or refuse it. 21
`(6) After making the decision, the Council must promptly-- 22
(a) if it approves the application--return a copy of the approved 23
training agreement to each of the parties to the agreement; or 24
(b) if it refuses the application-- 25
(i) write to each of the parties to the agreement giving the 26
reasons for the refusal; and 27
(ii) remove the person's particulars from the register. 28
19
Vocational Education, Training and
Employment Amendment
`(7) The training agreement binds-- 1
(a) the trainee and the trainee's employer throughout the period of the 2
agreement; and 3
(b) the trainee's guardian while the trainee is a minor. 4
probation 5
`Trainee
`3.11(1) In this section-- 6
"trainee" includes an apprentice. 7
`(2) A trainee is employed on probation from the start of work with the 8
trainee's employer for the period (of no more than 180 days) specified by 9
the State Training Council. 10
`(3) The probationary period is part of the period to be served in a 11
training scheme. 12
`(4) The probationary period is extended by any period for which a 13
trainee is absent from work. 14
`(5) A trainee's service may be terminated during the probationary period 15
by 1 week's notice (a "termination notice") given by-- 16
(a) the trainee to the employer; or 17
(b) the employer to the trainee. 18
`(6) A trainee who terminates the service without giving a termination 19
notice looses an amount equal to 1 week's wages to the employer. 20
`(7) An employer who terminates the service without giving a 21
termination notice must pay the trainee an amount equal to 1 week's wages. 22
`(8) An amount owed by a person to another person because of 23
subsection (6) or (7) may be recovered by an action in an Industrial 24
Magistrates Court or as otherwise prescribed by an Act. 25
of training agreement 26
`Amendment
`3.12(1) A party to a training agreement who wants to amend the 27
agreement must send an application for amendment to the State Training 28
Council. 29
20
Vocational Education, Training and
Employment Amendment
`(2) The Council must consider the application and approve or refuse it. 1
`(3) After making the decision, the Council must promptly-- 2
(a) if it approves the application--return a copy of the approved 3
amendment to each of the parties to the agreement; or 4
(b) if it refuses the application--write to each of the parties to the 5
agreement giving the reasons for the refusal. 6
of training scheme 7
`Period
`3.13(1) In this section-- 8
"trainee" includes an apprentice; 9
"training period" means the period of an approved training scheme to be 10
served by a trainee under a training agreement. 11
`(2) For each type of approved training scheme, the State Training 12
Council must decide whether the training period is completed-- 13
(a) at the end of a period specified by the Council; or 14
(b) when the trainee reaches a level of competence indicating to the 15
Council that the trainee is qualified in the occupation or trade 16
concerned. 17
`(3) The Council may reduce or extend the training period to be served 18
by a particular trainee by a period it considers appropriate. 19
`(4) The Council may reduce the training period if the Council considers 20
it appropriate because-- 21
(a) of the experience and knowledge gained by the trainee before 22
starting the training scheme; or 23
(b) of the experience and knowledge gained by the trainee when 24
employed under a training agreement that has since been 25
cancelled; or 26
(c) the trainee is making exceptional progress in gaining theoretical or 27
practical knowledge of the occupation or trade concerned. 28
`(5) The Council may extend the training period if it considers the trainee 29
is not making appropriate progress in gaining theoretical or practical 30
21
Vocational Education, Training and
Employment Amendment
knowledge of the occupation or trade concerned. 1
`(6) If the Council reduces or extends the training period, the training 2
agreement is taken to be amended in the same way. 3
`(7) The Council may cancel a training agreement if it considers it 4
unlikely that the trainee will make appropriate progress in gaining theoretical 5
or practical knowledge of the occupation or trade concerned. 6
`(8) The Council must give the trainee a certificate of completion if it is 7
satisfied that the trainee has completed an approved training scheme. 8
assignment of trainee 9
`Temporary
`3.14(1) In this section-- 10
"trainee" includes an apprentice. 11
`(2) A trainee may be assigned from the trainee's employer to another 12
person for training for a period (of no more than 6 months) specified by the 13
State Training Council. 14
`(3) The employer of a trainee who wants to assign the trainee must send 15
an application for assignment to the Council. 16
`(4) The Council must consider the application and approve or refuse it. 17
`(5) After making the decision, the Council must promptly-- 18
(a) if it approves the application--give written notice of the approval 19
to each of the parties to the application; or 20
(b) if it refuses the application--write to each of the parties to the 21
application giving the reasons for the refusal. 22
attendance at courses of instruction 23
`Trainees
`3.15(1) In this section-- 24
"trainee" includes an apprentice. 25
`(2) The State Training Council may decide that a trainee, as part of an 26
approved training scheme, must take a specified course of instruction-- 27
(a) by attending a State college, another college or a school approved 28
22
Vocational Education, Training and
Employment Amendment
by the Council; or 1
(b) by correspondence with a State college. 2
`(3) The Council must give written notice of the decision to-- 3
(a) the trainee; and 4
(b) the trainee's employer; and 5
(c) if the trainee is a minor--the trainee's guardian. 6
`(4) The trainee and employer must comply with the decision. 7
Maximum penalty--40 penalty units. 8
`(5) An employer must allow a trainee to take annual holidays at a time 9
other than when the trainee is required to take a specified course. 10
Maximum penalty--40 penalty units. 11
or apprentice not required to be member of industrial 12
`Trainee
organisation of employees 13
`3.16(1) In this section-- 14
"trainee" includes an apprentice. 15
`(2) A person must not require, force or attempt to force a trainee to 16
become a member of an industrial organisation of employees. 17
Maximum penalty--40 penalty units. 18
qualifications for apprenticeships 19
`Minimum
`3.17(1) The State Training Council may decide, by Industrial Gazette 20
notice-- 21
(a) the age; and 22
(b) the minimum standard of education; 23
a person must have reached (the "minimum qualifications") before the 24
person may enter into an apprenticeship. 25
`(2) Different minimum qualifications may be decided for different types 26
of apprenticeships. 27
23
Vocational Education, Training and
Employment Amendment
`(3) If a person has received education outside the State, the minimum 1
standard of education is the standard the Council decides is equal to the 2
standard decided under subsection (1) for the apprenticeship calling 3
concerned. 4
`(4) Despite subsection (1), the Council may allow a person who does 5
not have the minimum qualifications to enter into an apprenticeship. 6
on employing persons under 21 in an apprenticeship 7
`Restrictions
calling 8
`3.18(1) A person must not employ or use a person who has not reached 9
21 years (a "youth") in an apprenticeship calling unless the youth-- 10
(a) has completed an apprenticeship in the calling; or 11
(b) is an apprentice in the apprenticeship calling employed by the 12
person. 13
`(2) A person must not employ a youth as an apprentice in an 14
apprenticeship calling other than under this Act. 15
`(3) A youth must not, without first obtaining the approval of the State 16
Training Council-- 17
(a) engage in an apprenticeship calling on the youth's own behalf 18
unless the youth has completed an apprenticeship in the calling; or 19
(b) enter employment with another person as an apprentice other than 20
under this Act. 21
Maximum penalty--40 penalty units. 22
entitlement to apprentice 23
`Employer's
`3.19(1) In this section-- 24
"person" includes-- 25
(a) a person who contracts the person's work out, wholly or 26
substantially, to subcontractors; or 27
(b) a group training scheme; or 28
(c) an industrial organisation; or 29
24
Vocational Education, Training and
Employment Amendment
(d) a group of 2 or more persons. 1 1
`(2) The State Training Council may allow a person to employ at least 2
1 apprentice in an apprenticeship calling if-- 3
(a) the person-- 4
(i) is a tradesperson in the calling; or 5
(ii) employs a tradesperson in the calling; or 6
(iii) is able to make arrangements in the person's business to 7
make tradespersons in the calling available to train 8
apprentices; and 9
(b) the person satisfies the Council that the person has (or has made 10
arrangements to ensure there will be) sufficient plant, facilities 11
and tradespersons to adequately train the apprentice in the calling. 12
`(3) If a group of more than 1 person is permitted to employ an 13
apprentice, the Council must-- 14
(a) decide the liabilities of each member of the group under the 15
apprenticeship; and 16
(b) give each member written notice of the liabilities. 17
`(4) Each member must comply with the decision. 18
Maximum penalty--40 penalty units. 19
must be paid for course time 20
`Apprentice
`3.20 Time spent by an apprentice to undertake a specified course of 21
instruction under section 3.15, to the maximum time specified by the State 22
Training Council, is to be regarded as ordinary time worked by the 23
apprentice for which the apprentice is entitled to be paid.'. 24
1 This definition is included to avoid doubt, despite section 32C of the Acts
Interpretation Act 1954.
25
Vocational Education, Training and
Employment Amendment
of s.3.51 (Offences concerning employment of 1
Amendment
apprentices or trainees) 2
Section 3.51-- 3
Clause17.
insert-- 4
`(5) A person must not-- 5
(a) state anything to the State Training Council that the person knows 6
is false or misleading in a material particular; or 7
(b) omit from a statement made to the State Training Council 8
anything without which the statement is, to the person's 9
knowledge, misleading in a material particular. 10
Maximum penalty--40 penalty units. 11
`(6) A complaint against a person for an offence against subsection (5) is 12
sufficient if it states that the statement made was false or misleading to the 13
person's knowledge.'. 14
of s.4.3 (Exemptions) 15
Replacement
Section 4.3-- 16
Clause18.
omit, insert-- 17
forms of State Training Council 18
`Approved
`4.3(1) The State Training Council may approve a form for the purposes 19
of this Act. 20
`(2) If the Council approves a form for a purpose, the form must be used 21
for the purpose. 22
`(3) A person may request the Council to give the person an approved 23
form. 24
`(4) The Council must promptly comply with the request.'. 25
of s.4.14 (Destruction etc. of documents) 26
Amendment
Clause19. Section 4.14(a)-- 27
omit. 28
26
Vocational Education, Training and
Employment Amendment
of s.4.20 (Evidentiary provisions) 1
Amendment
Section 4.20(1)(b)-- 2
Clause20.(1)
omit. 3
(2) Section 4.20(1)(g)-- 4
omit `an indenture or', and `the indenture or'. 5
(3) Section 4.20(1)-- 6
insert-- 7
`(h) a document apparently published by or on behalf of a State 8
college is evidence that the document was authorised by the 9
director of the State college.'. 10
of s.4.21 (Appeal to Commission or Minister) 11
Amendment
Section 4.21(2)-- 12
Clause21.(1)
omit, insert-- 13
`(2) An appeal under subsection (1) must be in writing given to the 14
Commission's chairperson within 21 days after the day written notice of the 15
decision or action is given to the person aggrieved or within a further period 16
allowed at any time by the Commission.'. 17
(2) Section 4.21(4)-- 18
omit, insert-- 19
`(4) An appeal under subsection (3) must be in writing given to the 20
Minister within 21 days after the day written notice of the decision is given 21
to the person aggrieved or within a further period allowed at any time by the 22
Minister.'. 23
(3) Section 4.21(7)-- 24
omit, insert-- 25
`(7) An appeal is to be by way of rehearing, unaffected by the decision 26
appealed against. 27
`(7A) In deciding an appeal, the Commission, the Minister or Industrial 28
Magistrate ("appeal tribunal") may-- 29
27
Vocational Education, Training and
Employment Amendment
(a) confirm the decision appealed against; or 1
(b) set aside the decision and substitute another decision; or 2
(c) set aside the decision and return the matter to the person or body 3
that made the decision with directions the appeal tribunal 4
considers appropriate. 5
`(7B) When substituting another decision, an appeal tribunal has the 6
same powers as the person or body that made the decision appealed against. 7
`(7C) If an appeal tribunal substitutes another decision, the substituted 8
decision is taken, for the purposes of this Act, to be the decision of the 9
person or body appealed against. 10
`(7D) A party aggrieved by a decision of an Industrial Magistrate may 11
appeal to an Industrial Court but only on a question of law.'. 12
of Part 5 (Repeals and transitional provisions) 13
Replacement
Part 5-- 14
Clause22.
omit, insert-- 15
`PART 5--TRANSITIONAL PROVISIONS 16
become training agreements 17
`Indentures
`5.1 An indenture in force immediately before the commencement of this 18
section is taken to be a training agreement from the commencement. 19
and traineeships become approved training schemes 20
`Apprenticeships
`5.2 An apprenticeship or traineeship in existence immediately before the 21
commencement of this section is taken to be an approved training scheme. 22
and renumbering of Act 23
`Numbering
`5.3 In the first reprint of the Act produced under the Reprints Act 1992, 24
section 43 (Numbering and renumbering of provisions) of the Reprints Act 25
1992 must be used.'. 26
28
Vocational Education, Training and
Employment Amendment
of new Schedule 1
Insertion
After Part 4-- 2
Clause23.
insert-- 3
SCHEDULE 4
`
NATIONAL VOCATIONAL EDUCATION AND 5
`
TRAINING STATEMENT 6
section 1.4 7
Objectives 8
1. In supporting the proposal for an Australian National Training 9
Authority (ANTA), the main aim would be to promote-- 10
· a national vocational education and training system, with agreed 11
objectives and priorities, assured funding arrangements, 12
consistent national strategies and a network of providers 13
delivering high quality, nationally recognised programs at the 14
State and local level; and 15
· close interaction between industry and vocational education and 16
training providers, to ensure that the training system operates 17
within a strategic plan that reflects industry's needs and priorities; 18
and 19
· an effective training market, with public and private provision of 20
both high level, advanced technical training and further education 21
opportunities for the workforce and for the community generally; 22
and 23
· an efficient and productive network of publicly funded providers 24
that can compete effectively in the training market; and 25
· increased opportunities and improved outcomes for individuals 26
and target groups, including school leavers, to enhance their 27
employment outcomes; and 28
29
Vocational Education, Training and
Employment Amendment
· improved cross-sectoral links between schools, higher education 1
and vocational education and training. 2
Framework 3
2. The new National System would have the following key features-- 4
· a Ministerial Council to oversee the ANTA and to be responsible 5
for decisions on strategic policy, national objectives and priorities; 6
-- decision making by the Ministerial Council will be on the 7
basis of voting by all of its members 8
· an ANTA responsible for the development of, and advice on, 9
national policy and the development of a draft National Strategic 10
Plan on vocational education and training, within the framework 11
of National Goals, Objectives and Priorities established by the 12
Ministerial Council and for endorsement by the Ministerial 13
Council; 14
· State training agencies2 as distinct bodies in the context of a 15
National Training System with responsibility for vocational 16
education and training within their own borders consistent with 17
the agreed National Strategic Plan on Training Policy and the 18
agreed State Training Profile. State training agencies will be 19
accountable to State Ministers and parliaments for the operational 20
responsibilities of their agencies and accountable to the Ministerial 21
Council on matters of national policy. The relationship between 22
State training agencies and ANTA will be formally defined in 23
Commonwealth and State legislation consistent with this 24
agreement. 25
Key planning instruments 26
3. Planning processes for the new National System would involve the 27
following key planning instruments: 28
2 One such agency to be designated by each State as the co-ordinating point for
the purpose of this agreement and to be listed in the relevant schedule.
30
Vocational Education, Training and
Employment Amendment
· Agreed National Goals, Objectives and Priorities 1
-- these constitute the long term, broad policy framework for 2
the National Vocational Education and Training System and 3
would include Common and Agreed National Goals for 4
Vocational Education and Training, long-term participation 5
targets (such as those arising from the Finn Report), 6
priorities for longer-term reform (such as reforms to 7
entry-level training arrangements) and any agreed 8
improvements in the cost and quality of service provision. 9
· A National Strategic Plan for Vocational Education and Training 10
-- setting strategic directions for the vocational education and 11
training system over the medium term (3 to 5 years) 12
consistent with agreed national goals, objectives and 13
priorities 14
-- endorsed by the Ministerial Council to provide a national 15
strategic framework to guide the operations of the ANTA. 16
· Planning Parameters 17
-- setting firm targets and priorities for the provision and 18
support of vocational education and training for the year 19
ahead and indicative parameters for the following 2 years on 20
the basis of funds already approved 21
-- determined by the Ministerial Council, for inclusion in the 22
guidelines issued to the ANTA for the development of 23
profiles with the State training agencies. 24
· Profiles 25
-- within the ambit of ANTA's responsibilities (see 26
paragraph 36), defining a single and comprehensive plan for 27
the provision and support of vocational education and 28
training (in terms of level and type of course provision, other 29
training services and infrastructure development) for the year 30
ahead and outlining an indicative plan for the following 31
2 years 32
31
Vocational Education, Training and
Employment Amendment
: at the State level and, in aggregate, at the national level 1
-- agreed by the Ministerial Council. 2
ROLES AND RESPONSIBILITIES OF THE KEY 3
PARTIES 4
The Ministerial Council 5
4. The Council will consist of 1 Minister from each State and Territory 6
and the Commonwealth responsible for vocational education and training 7
and will be chaired by the Commonwealth. 8
5. On the Ministerial Council, each State and Territory Minister will have 9
1 vote while the Commonwealth Minister will have 2 votes and a casting 10
vote. All matters will be decided by a simple majority. 11
6. The functions of the Ministerial Council would include: 12
· to agree on necessary Commonwealth and State legislation 13
establishing the ANTA and defining the relationship between the 14
ANTA, the Ministerial Council and State training agencies 15
· to decide on the appointment of members of the ANTA and their 16
removal 17
· to decide on the appointment of the chairperson of the ANTA 18
· to determine the budget for, and establishment of, the ANTA 19
including relevant aspects of staffing policy 20
· to determine National Goals, Objectives and Priorities for 21
vocational education and training 22
· to determine a National Strategic Plan on Training Policy based 23
on advice from the ANTA, consistent with agreed National 24
Goals, Objectives and Priorities 25
· to determine, in the context of the National Strategic Plan, the 26
principles to be applied for the allocation of funding between 27
States and for any national programs 28
32
Vocational Education, Training and
Employment Amendment
· to provide annual advice to assist the Commonwealth Minister in 1
Commonwealth decisions on growth funding requirements 2
· to agree planning parameters and profiles for the delivery of 3
vocational education and training nationally 4
· to ensure that the ANTA operates in an effective and efficient 5
manner 6
· to resolve any dispute between the ANTA and a State training 7
agency or any other issue raised by a Minister 8
· to give references to the ANTA on other issues of training policy 9
· to be accountable to State and Commonwealth Parliaments for the 10
operation of the ANTA and the expenditure of funds 11
· to approve an annual national training report. 12
Australian National Training Authority (ANTA) 13
7. The ANTA will be a Board of acknowledged independent experts set 14
up as a Commonwealth statutory authority with members appointed 15
through the Commonwealth Executive Council consistent with the decision 16
of the Ministerial Council. 17
8. It will consist of 5 members appointed for 3 years. 18
9. The functions of the ANTA will include: 19
· based on advice from State training agencies and, where 20
appropriate, in consultation with National Industry Training 21
Advisory Bodies (ITABs), to develop for the consideration of the 22
Ministerial Council: 23
-- a draft National Strategic Plan; and 24
-- aspects of training policy in response to references from the 25
Ministerial Council 26
· to initiate draft references on aspects of training policy, for the 27
approval of the Ministerial Council 28
· to advise the Ministerial Council, in the context of the National 29
Strategic Plan, of the principles to be applied for the allocation of 30
33
Vocational Education, Training and
Employment Amendment
funding between States 1
· to provide information and advice to the Ministerial Council to 2
assist the Commonwealth Minister to make decisions on growth 3
funding levels 4
· to provide information and advice to assist the Ministerial Council 5
to make decisions on planning parameters 6
· to develop, in conjunction with State training agencies, detailed 7
State Training Profiles based on the National Strategic Plan once 8
approved by the Ministerial Council, and to submit the Profiles to 9
the Ministerial Council with advice on the agreement or otherwise 10
which has been reached in their development 11
· to develop, in conjunction with State training agencies, an efficient 12
and quality service provision 13
· to receive from each State an amount at least equal to the amount 14
of its own source funding for vocational education and training in 15
that State (see paragraph 31) 16
· to receive Commonwealth funds for vocational education and 17
training (see paragraph 36) 18
· to allocate and remit funding to the State training agencies on the 19
basis of principles determined by the Ministerial Council and on 20
condition that each will receive an amount at least equivalent to 21
that which that State has provided to the ANTA 22
· to administer any programs agreed by the Ministerial Council as 23
requiring national delivery within guidelines approved by the 24
Ministerial Council 25
· to be responsible for ensuring that comprehensive up-to-date 26
national statistical data are available on relevant aspects of training 27
· to provide an integrated annual report for approval by the 28
Ministerial Council which incorporates reports received from 29
State training agencies in an agreed format. 30
34
Vocational Education, Training and
Employment Amendment
State training agencies 1
10. State training agencies will be distinct bodies in the context of a 2
national training system with responsibility for vocational education and 3
training within their own borders consistent with the agreed National 4
Strategic Plan on training policy and the agreed state training profile. State 5
training agencies will be accountable to State Ministers and parliaments for 6
the operational responsibilities of their agencies and accountable to the 7
Ministerial Council on matters of national policy. The relationship between 8
State training agencies and ANTA will be formally defined in 9
Commonwealth and State legislation consistent with this agreement. 10
11. The functions of the State training agencies will include: 11
· to provide to the ANTA policy advice and information on training 12
needs and the funding implications of these needs, developed in 13
consultation with all interested stakeholders including State 14
government and industry 15
· to develop, in conjunction with the ANTA, detailed State Training 16
Profiles based on the National Strategic Plan and in accordance 17
with agreed planning parameters 18
· to ensure that the management of the State training system 19
including the planning, regulation and provision of public and 20
private training at State and Territory level is in accordance with 21
the National Strategic Plan and agreed State Profile 22
-- including the allocation of resources within individual States 23
and Territories on a program and geographic basis 24
· to provide annually to the ANTA a report on performance in an 25
agreed format to enable the compilation of an annual integrated 26
report for approval by the Ministerial Council in addition to any 27
reporting required by the relevant state. 28
Industry 29
12. Industry would be involved in key aspects of the new National 30
System, including 31
· through membership on the ANTA, by participating in the 32
35
Vocational Education, Training and
Employment Amendment
development of national policy and priorities 1
· through participation in the State training agencies and 2
involvement in the development of State Training profiles 3
and, in addition, 4
· the National ITABs will be a key source of advice to the ANTA 5
in the development of national policy and priorities 6
· State ITABs will be consulted in the development of State 7
Profiles and provide input to national plans to the State training 8
agencies 9
· The precise industry consultative mechanism at the State level 10
will be a matter for the State government. It is envisaged that 11
consultative mechanisms will also involve other stakeholders. 12
Main decision making processes 13
13. The Ministerial Council will develop and endorse agreed national 14
objectives and priorities for vocational education and training. 15
14. State training agencies will provide data and advice to the ANTA on 16
the needs and priorities of the sector, including funding implications. 17
15. State training agencies' input will be compiled in consultation with 18
other relevant stakeholders as appropriate. 19
16. The input from the State training agencies is aggregated by the 20
ANTA and considered in the context of national objectives, priorities and 21
needs. 22
17. The ANTA will prepare a draft National Strategic Plan setting 23
strategic directions for vocational education and training system over the 24
medium term (3 to 5 years). The draft National Strategic Plan will be based 25
on the national objectives and priorities endorsed by Ministers, input from 26
State training agencies and consideration of national issues. The draft Plan 27
will also address issues of efficiency and effectiveness. The draft National 28
Strategic Plan and draft principles to be applied for the allocation of funds 29
between the States, will be forwarded to the Ministerial Council for 30
approval. 31
18. The ANTA will also prepare, for the Ministerial Council's 32
36
Vocational Education, Training and
Employment Amendment
consideration, advice on the triennial planning parameters focussing on the 1
following program year. 2
19. The States and the Commonwealth will jointly fund the vocational 3
education and training system through the ANTA (subject to any State's 4
decision to hand over responsibility to the Commonwealth). States will 5
maintain (and in some cases lift) their current effort, as outlined below. The 6
Commonwealth will fund growth for the sector on a continuing basis and, 7
for 1993-95, provide funding as outlined in One Nation. The ANTA will 8
provide information and advice to the Ministerial Council to assist the 9
Commonwealth Minister to make decisions on growth funding levels. 10
20. The Ministerial Council will amend and/or approve the National 11
Strategic Plan and the planning parameters. 12
21. The Ministerial Council will return the approved National Strategic 13
Plan and the planning parameters to the ANTA for use in the development 14
of detailed planning profiles in conjunction with each State training agency. 15
22. Following Budget decisions, the Ministerial Council will provide the 16
ANTA with advice on the quantum of funds available. It will also transmit 17
the principles to be applied by ANTA to determine the allocation of funds 18
across the States. 19
23. State training agencies will develop in conjunction with the ANTA 20
detailed State Training Profiles based on the National Strategic Plan and 21
consistent with the planning parameters. 22
24. The ANTA will advise the Ministerial Council on the agreement or 23
otherwise which has been reached in the development of the State Profile 24
and remit the State Profile to the Ministerial Council. 25
25. Where the ANTA and the State training agency cannot reach 26
agreement about the profile, the matter will be referred to the Ministerial 27
Council for resolution. 28
26. Once approved by the Ministerial Council, the planning profile will 29
be implemented. 30
27. State training agencies will have responsibility for implementation of 31
approved State Training Profiles within their borders. 32
28. Within the scope of the ANTA's responsibilities, training programs 33
and services will be managed through State training agencies except for 34
37
Vocational Education, Training and
Employment Amendment
programs agreed by the Ministerial Council as requiring national delivery 1
which would be administered by the ANTA within guidelines approved by 2
the Ministerial Council. 3
29. Each State training agency will provide annually to the ANTA a 4
report on performance in an agreed format and ANTA will provide an 5
annual integrated Report to the Ministerial Council for tabling in respective 6
Parliaments. 7
Funding arrangements 8
30. Except where a State relinquishes financial responsibility, States will 9
pass to the ANTA an amount equal to their own-source State funding for 10
vocational education and training. An equal amount will be returned to 11
respective States and Territories along with the Commonwealth funds as 12
specified in paragraphs 32 and 33. 13
31. States will at least maintain their effort for vocational education and 14
training on an ongoing basis. The Commonwealth and States are 15
committed to the development of agreed outcomes measures of effort for 16
agreement by the commencement of 1993. Pending such agreement being 17
reached and agreement to a timetable for subsequent implementation, States 18
will maintain 1992 effort in real terms. On the basis of an early move to 19
measure the vocational education and training system in each State on an 20
outcome basis, any State which is demonstrably underachieving would 21
agree to increase its effort to an agreed level in outcome terms. In the 22
interim there may be agreed arrangements for those States to increase their 23
funding contributions. 24
32. The Commonwealth will maintain its current level of financial 25
support for vocational education and training under States Grants 26
arrangements, plus the $100 m in TAFE recurrent funding provided in the 27
Economic Statement of November 1991 which will be distributed under 28
existing arrangements. 29
33. The Commonwealth will provide growth funding on a continuing 30
basis, including the $70 m nationally in each year of the 1993-95 triennium 31
as announced in One Nation. All growth funding for calendar 1993 will be 32
allocated on a proportional basis in accordance with relevant population 33
shares. For 1994 and 1995, 80 per cent of cumulative growth funds (ie, 34
38
Vocational Education, Training and
Employment Amendment
$112 m in 1994 and $168 m in 1995) will be allocated on the same basis, 1
with the balance to be allocated by the Ministerial Council on the 2
recommendation of ANTA having regard to assessed performance against 3
agreed objectives and other relevant factors. 4
34. The funds described in paragraphs 32 and 33 will be passed to the 5
ANTA, for on passing to State training agencies or to other parties as 6
appropriate in the case of agreed national projects. For any given year, 7
pending the agreement by the Ministerial Council regarding the State 8
Profile, the State training agency will continue to operate on the basis of the 9
funds and Profile agreed for the previous year. When agreement is reached 10
the growth provisions prescribed in paragraph 33 will obtain. 11
35. All States will share in growth funds according to principles 12
established by the Ministerial Council except insofar as the circumstances 13
outlined in paragraph 34 would prevent a State or Territory accessing 14
growth funds for a particular year. 15
36. To the maximum extent possible, Commonwealth 16
government-funded training programs should be funded through ANTA 17
arrangements. Existing Commonwealth programs should be allocated on a 18
functional basis in accordance with a set of guiding principles. Under those 19
principles: 20
· the Commonwealth would retain responsibility for those 21
programs which: 22
-- cover employment and migration and relate directly to its 23
own areas of responsibility; 24
-- provide income support to individuals or training subsidies 25
to employers; 26
-- are counter-cyclical in nature; or 27
-- provide training opportunities to client groups for which the 28
Commonwealth has a special responsibility (eg, 29
Aboriginals); 30
· State governments would assume responsibility for those 31
programs which relate directly to their own responsibilities for the 32
regulation and delivery of training and which do not have a 33
broader national purpose; 34
39
Vocational Education, Training and
Employment Amendment
· furthermore ANTA should be advised on Commonwealth labour 1
market programs and report on their impact on national 2
vocational education and training policy and on State Training 3
Profiles; 4
· all general recurrent and capital grants to TAFE currently 5
provided under States Grants (TAFE Assistance) legislation 6
would be passed to ANTA under the arrangements set out at 7
paragraph 34 above. In addition, ANTA would assume 8
responsibility for programs which support training activities and 9
services which are national in scope and purpose (this includes 10
after its establishment the national aspects of the new Australian 11
Vocational Certificate Training System); and provide operating 12
support for the national Industry Training Advisory Body (ITAB) 13
network; 14
· existing arrangements would continue to apply in relation to the 15
National Training Board, and the National Centre for Vocational 16
Education Research which would report to the Ministerial 17
Council. 18
The Commonwealth and the States remain committed to improvements in 19
coordination and planning arrangements for the training elements of labour 20
market programs, consistent with the MOVEET resolutions of 21
August 1991 and June 1992. The role of ANTA in this respect will need to 22
be developed and this and any other matters which are left unresolved by 23
the provisions of paragraph 36 should be resolved before 1 September 24
1992. 25
37. Subject to paragraph 38, if a State(s) were to relinquish financial 26
responsibility for vocational education and training (by way of an 27
adjustment to its FAGs) but others do not, there would be no disturbance to 28
the determination of per capita relativities by the Commonwealth Grants 29
Commission. That is, the following principles would apply 30
· that vocational education and training continue to form part of the 31
fiscal equalisation process 32
· any recurrent Commonwealth own purpose outlays (replacing 33
former State outlays) should be treated as notional SPPs in the 34
State where the expenditure occurs 35
40
Vocational Education, Training and
Employment Amendment
· such notional SPPs should be treated by the inclusion approach. 1
38. Grants Commission treatment would have to be kept under review 2
by the Premiers' Conference in the light of the number of States 3
relinquishing financial responsibility. 4
39. A State that relinquishes funding responsibility for vocational 5
education and training would retain its voting rights on the Ministerial 6
Council. 7
40. This agreement comes into force on 1 January 1994. Transitional 8
arrangements, including provision for an interim Board of the ANTA, will 9
be determined by the Ministerial Council by 1 September 1992. The 10
agreement will be subject to review before the end of 1995.'. 11
12
41
Vocational Education, Training and
Employment Amendment
CHEDULE 1
¡S
INOR AND CONSEQUENTIAL AMENDMENTS 2
M
section 3 3
1. Section 2.4(l)-- 4
omit `appropriation approved by Parliament', insert `funds'. 5
2. Section 2.9(1)(e)-- 6
omit, insert-- 7
`(e) 2 officers of the department nominated by the chief executive; 8
and'. 9
3. Section 2.10(1)(e)-- 10
omit `indentures and'. 11
4. Section 2.11(1)(f)-- 12
omit, insert-- 13
`(f) 2 officers of the department nominated by the chief executive; 14
and'. 15
5. Section 2.13(1)(d)-- 16
omit `for Education', 17
insert `charged with the administration of the Education (General 18
Provisions) Act 1989'. 19
42
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
6. Section 2.16-- 1
omit. 2
7. Section 2.17(4)-- 3
omit. 4
8. Section 2.22(1)(f)-- 5
renumber as paragraph (g). 6
9. After section 2.22(1)(e)-- 7
insert-- 8
`(f) the way in which its decisions are to be made; and'. 9
10. Section 2.25(2) and (4)-- 10
omit. 11
11. Section 2.26 (heading)-- 12
omit, insert-- 13
`Chief executive is corporation sole'. 14
12. Section 2.26(2)-- 15
omit, insert-- 16
`(2) The corporation sole is constituted by the chief executive.'. 17
13. Section 2.27 (heading)-- 18
omit `Corporation', insert `Chief executive'. 19
43
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
14. Section 2.27-- 1
omit `Corporation', insert `chief executive'. 2
15. Section 2.33(1)-- 3
omit `Corporation', insert `chief executive'. 4
16. Section 2.33(2) and (3)-- 5
omit, insert-- 6
`(2) A rule is subordinate legislation.'. 7
17. Section 2.34(1) (at the end)-- 8
insert-- 9
`Maximum penalty--40 penalty units.'. 10
18. Section 2.41(1)-- 11
omit `, Registrar of Dealings'. 12
19. Section 2.43-- 13
omit. 14
20. Section 2.49(a)(vi)-- 15
omit `Director-General', insert `chief executive'. 16
21. Section 3.4 (at the end)-- 17
insert-- 18
`Maximum penalty--40 penalty units.'. 19
44
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
22. Section 3.5 (heading)-- 1
omit, insert-- 2
`Cancellation or suspension of recognition as approved training 3
organisation'. 4
23. Section 3.5(4) (at the end)-- 5
insert-- 6
`Maximum penalty--40 penalty units.'. 7
24. Section 3.6(3) (at the end)-- 8
insert-- 9
`Maximum penalty--40 penalty units.'. 10
25. Section 3.31(2) and (3)-- 11
omit `an indenture', insert `a training agreement'. 12
26. Section 3.32(6) (at the end)-- 13
insert-- 14
`Maximum penalty for subsection (6)--40 penalty units.'. 15
27. Before section 3.33, in Division 5 of Part 3-- 16
insert-- 17
`Trainees' entitlements if not under training agreement 18
`3.32C Despite not having entered into a training agreement as a trainee, 19
a person is entitled to all the entitlements under this Act of a trainee under a 20
training agreement if the person is training-- 21
(a) under an approved training scheme mentioned in 22
section 3.8(2)(a); and 23
45
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
(b) under conditions substantially equivalent to conditions in a 1
training agreement.'. 2
28. Section 3.33(1)(a) and (5) (before `award')-- 3
insert `industrial'. 4
29. Sections 3.34(1) to (6) (before `award')-- 5
insert `industrial'. 6
30. Section 3.35-- 7
omit. 8
31. Section 3.36 (heading)-- 9
omit, insert-- 10
`Apprentices' entitlements if not under training agreement'. 11
32. Section 3.36-- 12
omit `section 3.10', insert `section 3.18'. 13
33. Section 3.38(3)(a) and (4)(a) (before `award')-- 14
insert `industrial'. 15
34. Section 3.39 (before subsection (1))-- 16
insert-- 17
`3.39(1A) In this section-- 18
"eligible trainee" means a trainee who, within the meaning of any relevant 19
industrial award or industrial agreement, is an eligible employee for the 20
46
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
purposes of entitlement to occupational superannuation benefits; 1
"trainee" includes an apprentice.'. 2
35. Section 3.39(1), (4) and (5) (before `award')-- 3
insert `industrial'. 4
36. Section 3.39(1) (at the end)-- 5
omit, insert-- 6
`Maximum penalty--40 penalty units.'. 7
37. Section 3.39(2)-- 8
omit. 9
38. Sections 3.38 and 3.39-- 10
renumber and relocate (in Division 5 of Part 3) as sections 32A and 11
32B. 12
39. Section 3.40-- 13
omit. 14
40. Section 3.41(1)-- 15
omit `An indenture by which a person is apprenticed to partners or a', 16
insert `A'. 17
41. Section 3.41(2)-- 18
omit `an indenture or'. 19
47
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
42. Sections 3.42-- 1
omit. 2
43. Section 3.44(3) (at the end)-- 3
insert-- 4
`Maximum penalty--40 penalty units.'. 5
44. Section 3.45-- 6
omit `training record book', insert `training record'. 7
45. Section 3.45(1), (2)(a) and (4)-- 8
omit `the book', insert `the record'. 9
46. Section 3.45(2), (3) (1st sentence) and (4) (at the end)-- 10
insert-- 11
`Maximum penalty--40 penalty units.'. 12
47. Section 3.46-- 13
omit, insert-- 14
`Period of absence from employment may be added to training period 15
`3.46(1) In this section-- 16
"trainee" includes an apprentice. 17
`(2) If a trainee is absent from the trainee's employment (other than as 18
required under this Act) during the period of training required under the 19
trainee's training agreement, the State Training Council may extend the 20
period of the training. 21
`(3) The Council may extend the period of training for any period (not 22
longer than the period of absence) it considers appropriate. 23
48
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
`(4) If the Council extends the period of training, the training agreement 1
is taken to be amended in the same way.'. 2
48. Section 3.47 (at the end)-- 3
insert-- 4
`Maximum penalty--40 penalty units.'. 5
49. Section 3.48(1)-- 6
omit, insert-- 7
`3.48(1) In this section-- 8
"trainee" includes an apprentice. 9
`(1A) If the State Training Council considers, on reasonable grounds, 10
that a trainee has engaged in misconduct mentioned in subsection (3), the 11
Council may make 1 or more of the following orders-- 12
(a) an order cancelling or suspending a training agreement; 13
(b) an order directing the trainee to pay an amount of not more than 14
4 penalty units; 15
(c) an order reprimanding the trainee. 16
`(1B) The Council may act under subsection (1A)-- 17
(a) on a complaint made to it by the trainee's employer; or 18
(b) on its own initiative, on information received from any source.'. 19
50. Section 3.48(2) to (4)-- 20
omit `the apprentice or trainee', insert `the trainee'. 21
51. Section 3.48(4)-- 22
omit `any apprentice or trainee', insert `a trainee'. 23
49
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
52. Section 3.48(7) and (8) (at the end)-- 1
insert-- 2
`Maximum penalty--40 penalty units.'. 3
53. Section 3.49 (heading)-- 4
omit, insert-- 5
`Cancellation of training agreement on request'. 6
54. Section 3.49-- 7
omit `an indenture or'. 8
55. Section 3.50(1)-- 9
omit `section 3.10', insert `section 3.18'. 10
56. Section 3.50(2)-- 11
omit `; to be so provided'. 12
57. Section 3.50(2) (at the end)-- 13
insert-- 14
`Maximum penalty--40 penalty units.'. 15
58. Section 3.51(1)-- 16
omit `section 3.10', insert `section 3.18'. 17
59. Section 3.51(4) (at the end)-- 18
insert-- 19
`Maximum penalty--40 penalty units.'. 20
50
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
60. Sections 3.52(1) and 3.53(1)-- 1
omit `section 3.10', insert `section 3.18'. 2
61. Section 3.53(2) and (3) (at the end)-- 3
insert-- 4
`Maximum penalty--40 penalty units.'. 5
62. Section 3.53(3)(b) (before `award')-- 6
insert `industrial'. 7
63. Section 3.54(3)(a)(iii) (before `award')-- 8
insert `industrial'. 9
64. Section 3.54(4) and (6)-- 10
omit `Director-General', insert `chief executive'. 11
65. Section 3.55(1)-- 12
omit `section 3.10', insert `section 3.18'. 13
66. Section 3.55(2) and (3) (before `award')-- 14
insert `industrial'. 15
67. Section 4.1-- 16
omit, insert-- 17
`State bound by Act 18
`4.1(1) This Act binds the State. 19
`(2) Nothing in this Act makes the State liable to be prosecuted for an 20
51
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
offence. 1
`(3) However, subsection (2) does not prevent the prosecution of an 2
officer, employee or agent of the State for an offence.'. 3
68. Section 4.2(2) (before `award')-- 4
insert `industrial'. 5
69. Section 4.4(1) and (2)-- 6
omit `Director-General', insert `chief executive'. 7
70. Section 4.4(1) and (3) (at the end)-- 8
insert-- 9
`Maximum penalty--40 penalty units.'. 10
71. Section 4.5(4) (at the end)-- 11
insert-- 12
`Maximum penalty--40 penalty units.'. 13
72. Section 4.6 (at the end)-- 14
insert-- 15
`Maximum penalty--40 penalty units.'. 16
73. Section 4.8(2)(a)(i) (before `award')-- 17
insert `industrial'. 18
74. Section 4.8(2)(a)(ii)-- 19
omit `indenture or'. 20
52
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
75. Section 4.11 (at the end)-- 1
insert-- 2
`Maximum penalty--40 penalty units.'. 3
76. Section 4.12(1) (at the end)-- 4
insert-- 5
`Maximum penalty--40 penalty units.'. 6
77. Section 4.13(1)-- 7
omit `an indenture or'. 8
78. Section 4.13(3) and (4) (at the end)-- 9
insert-- 10
`Maximum penalty--40 penalty units.'. 11
79. Section 4.14 (at the end)-- 12
insert-- 13
`Maximum penalty--40 penalty units.'. 14
80. Section 4.15(1) (at the end)-- 15
insert-- 16
`Maximum penalty--40 penalty units.'. 17
81. Section 4.15(2)(b)-- 18
omit `Director-General', insert `chief executive'. 19
53
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
82. Section 4.16-- 1
omit. 2
83. Section 4.23(1)-- 3
omit, insert-- 4
`4.23(1) The Governor in Council may make regulations for the purpose 5
of this Act.'. 6
84. Section 4.23(2)-- 7
omit `Without limiting the power to make regulations conferred by 8
subsection (1), regulations', 9
insert `A regulation'. 10
85. Section 4.23(2)(e)-- 11
omit, insert-- 12
`(e) the conditions of a training agreement; or'. 13
86. Section 4.23(2)(j)-- 14
omit `variation, cancellation and assignment of indentures, and', 15
insert `amendment, cancellation and assignment of'. 16
87. Section 4.23(2)(n)-- 17
omit, insert-- 18
`(n) the fees payable under this Act, including fees for instruction, 19
assessment or other services provided by a State college;'. 20
54
Vocational Education, Training and
Employment Amendment
SCHEDULE (continued)
88. Section 4.23(2)(u)-- 1
omit, insert-- 2
`(u) exempting a person from any provision of this Act.'. 3
4
© State of Queensland 1993
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