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Queensland
Vocational Education, Training
and Employment (Skills
Queensland) and Another Act
Amendment Bill 2013
Queensland
Vocational Education, Training and
Employment (Skills Queensland) and
Another Act Amendment Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Vocational Education, Training and
Employment Act 2000
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new s 54A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
54A Chief executive may keep register . . . . . . . . . . . . . . . 7
5 Insertion of new ch 3, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 1A Declaring apprenticeships or traineeships
47 Declaring apprenticeships or traineeships . . . . . . . . . 7
6 Amendment of s 53 (Employer to give training contract to Skills
Queensland for registration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Omission of ch 5 (Skills Queensland) . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 230 (Appeal to industrial commission against
Skills Queensland or other decisions) . . . . . . . . . . . . . . . . . . . . . 8
9 Insertion of new ch 9, pt 1, div 1, sdiv 1, hdg . . . . . . . . . . . . . . . . 9
10 Amendment of s 245 (Chief executive's powers) . . . . . . . . . . . . . 9
11 Insertion of new s 245A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
245A Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Replacement of s 246 (Delegations) . . . . . . . . . . . . . . . . . . . . . . 10
246 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Insertion of new ch 9, pt 1, div 1, sdivs 2-4 . . . . . . . . . . . . . . . . . 11
Subdivision 2 Recognition certificates
250A Recognition of work or training. . . . . . . . . . . . . . . . . . 11
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Contents
Subdivision 3 Deciding employment exemptions
250B Application for employment exemption . . . . . . . . . . . . 12
250C Decision about employment exemption . . . . . . . . . . . 12
250D Amending or cancelling employment exemption . . . . 13
Subdivision 4 Recognising non-departmental employment
skills development programs
250E Chief executive may recognise program. . . . . . . . . . . 15
250F Chief executive must maintain register. . . . . . . . . . . . 15
14 Amendment of s 262 (Power to enter places) . . . . . . . . . . . . . . . 15
15 Amendment of s 277 (False or misleading statements to official) 16
16 Amendment of s 282 (Disclosure of interests by member of
disclosure body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Amendment of s 284 (Other disclosure of interests) . . . . . . . . . . 16
18 Amendment of s 289 (Evidentiary provisions) . . . . . . . . . . . . . . . 16
19 Amendment of s 290 (Protection from liability). . . . . . . . . . . . . . . 17
20 Insertion of new s 290A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
290A Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Insertion of new ch 10, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 9 Transitional provisions for Vocational
Education, Training and Employment (Skills
Queensland) and Another Act Amendment Act
2013
411 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
412 Dissolution of Skills Queensland . . . . . . . . . . . . . . . . 19
413 Chief executive is legal successor . . . . . . . . . . . . . . . 20
414 Documents held by Skills Queensland that become
documents of chief executive . . . . . . . . . . . . . . . . . . . 20
415 Continuation of registration of training contracts and
vocational placement agreements for long placement 20
416 Obligation to return cancelled recognition certificate . 21
417 Applications made to Skills Queensland taken to be
made to chief executive . . . . . . . . . . . . . . . . . . . . . . . 21
418 Decisions etc. of Skills Queensland taken to be
decisions etc. of chief executive . . . . . . . . . . . . . . . . . 21
419 Right of review or appeal . . . . . . . . . . . . . . . . . . . . . . 23
420 Chief executive substituted for Skills Queensland in
proceedings in QCAT and industrial commission . . . . 23
421 Chief executive to replace Skills Queensland for
matter remitted by industrial commission . . . . . . . . . . 23
Page 2
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Contents
422 Delegations by Skills Queensland to continue as
delegations by chief executive . . . . . . . . . . . . . . . . . . 24
423 Guidelines for Skills Queensland to continue as
guidelines of chief executive. . . . . . . . . . . . . . . . . . . . 24
424 Approved forms continue as approved forms of chief
executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
425 References in documents. . . . . . . . . . . . . . . . . . . . . . 25
22 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 3 Amendment of Industrial Relations Act 1999
23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
24 Insertion of new ch 20, pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 17 Transitional provision for Vocational Education,
Training and Employment (Skills Queensland)
and Another Act Amendment Act 2013
806 Continuation of decisions made by approving authority 27
25 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 4 Amendment of TAFE Queensland Act 2013
26 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
27 Amendment of s 29 (Other staff) . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 5 Consequential amendments
28 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Schedule 1 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 29
Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Vocational Education, Training and Employment Act 2000 . . . . . 30
Page 3
2013
A Bill
for
An Act to amend the Vocational Education, Training and
Employment Act 2000 for particular purposes, and to make
consequential amendments of the Industrial Relations Act 1999
and other Acts as stated in schedule 1 for purposes related to
those particular purposes, and to amend the TAFE Queensland
Act 2013 for particular purposes
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
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, Training 4
and Employment (Skills Queensland) and Another Act 5
Amendment Act 2013. 6
Clause 2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Part 2 Amendment of Vocational 9
Education, Training and 10
Employment Act 2000 11
Clause 3 Act amended 12
This part amends the Vocational Education, Training and 13
Employment Act 2000. 14
Note-- 15
See also the amendments in schedule 1. 16
Clause 4 Insertion of new s 54A 17
After section 54-- 18
insert-- 19
Page 6
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 5]
54A Chief executive may keep register 1
The chief executive may keep a register of training 2
contracts for apprentices and trainees. 3
Clause 5 Insertion of new ch 3, pt 1A 4
Chapter 3, before part 1-- 5
insert-- 6
Part 1A Declaring 7
apprenticeships or 8
traineeships 9
47 Declaring apprenticeships or traineeships 10
(1) This section applies if a person can obtain a 11
qualification or statement of attainment by 12
completing employment based training with an 13
employer. 14
(2) The chief executive may declare the employment 15
based training leading to the qualification or 16
statement of attainment to be an apprenticeship 17
or traineeship. 18
(3) A declaration under subsection (2) does not 19
prevent the qualification or statement of 20
attainment from being attained in a way other 21
than by completing an apprenticeship or 22
traineeship. 23
Clause 6 Amendment of s 53 (Employer to give training contract to 24
Skills Queensland for registration) 25
(1) Section 53, heading, `Skills Queensland'-- 26
omit, insert-- 27
chief executive 28
(2) Section 53, `Skills Queensland'-- 29
Page 7
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 7]
omit, insert-- 1
the chief executive 2
Clause 7 Omission of ch 5 (Skills Queensland) 3
Chapter 5-- 4
omit. 5
Clause 8 Amendment of s 230 (Appeal to industrial commission 6
against Skills Queensland or other decisions) 7
(1) Section 230, heading, `Skills Queensland or other 8
decisions'-- 9
omit, insert-- 10
particular decisions of chief executive 11
(2) Section 230(1)-- 12
omit, insert-- 13
(1) A person aggrieved by any of the following 14
decisions of the chief executive may appeal to the 15
industrial commission-- 16
(a) a refusal to register a training contract under 17
section 54; 18
(b) a refusal to approve an amendment or 19
assignment of a registered training contract 20
under section 57; 21
(c) a cancellation of, or refusal to cancel, a 22
registered training contract under section 63, 23
64 or 66; 24
(d) a confirmation of, or refusal to confirm, the 25
suspension of an apprentice or trainee under 26
section 64; 27
(e) an order under section 65(4) or (5); 28
(f) an order, or refusal to make an order, under 29
section 71; 30
Page 8
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 9]
(g) a cancellation, or refusal to cancel, a 1
completion certificate under section 76; 2
(h) a refusal to extend the nominal term of a 3
registered training contract under section 4
77; 5
(i) a declaration, variation of a declaration, or 6
refusal to vary a declaration, of a prohibited 7
employer under section 83 or 84; 8
(j) an approval, or refusal to approve, the 9
temporary stand down of an apprentice or 10
trainee under section 86. 11
Clause 9 Insertion of new ch 9, pt 1, div 1, sdiv 1, hdg 12
Chapter 9, part 1, division 1-- 13
insert-- 14
Subdivision 1 Functions and powers 15
generally 16
Clause 10 Amendment of s 245 (Chief executive's powers) 17
Section 245(3)(i), `issue guidelines and'-- 18
omit, insert-- 19
make 20
Clause 11 Insertion of new s 245A 21
After section 245-- 22
insert-- 23
245A Guidelines 24
(1) The chief executive may make guidelines for the 25
performance of a function of the chief executive 26
under this Act. 27
(2) The chief executive must-- 28
Page 9
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 12]
(a) publish the guidelines on the department's 1
website; and 2
Editor's note-- 3
The department's website is 4
. 5
(b) keep a copy of the guidelines available for 6
inspection, free of charge, at an office of the 7
department during ordinary office hours on 8
business days. 9
(3) A guideline takes effect-- 10
(a) on the day it is published on the 11
department's website; or 12
(b) if a later day is stated in the guideline--on 13
the later day. 14
(4) If the chief executive makes a guideline for 15
performing a function, the chief executive must 16
have regard to the guideline in performing the 17
function. 18
Clause 12 Replacement of s 246 (Delegations) 19
Section 246-- 20
omit, insert-- 21
246 Delegations 22
(1) The chief executive may delegate the chief 23
executive's functions and powers to an 24
appropriately qualified person. 25
(2) A person delegated a function or power may 26
subdelegate it only-- 27
(a) if the delegation permits the subdelegation; 28
and 29
(b) to an appropriately qualified person. 30
Page 10
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 13]
Clause 13 Insertion of new ch 9, pt 1, div 1, sdivs 2-4 1
Chapter 9, part 1, division 1-- 2
insert-- 3
Subdivision 2 Recognition certificates 4
250A Recognition of work or training 5
(1) A person who has worked, or undertaken 6
training, in a calling may apply to the chief 7
executive to have the person's skills and 8
knowledge in the calling recognised. 9
(2) If the chief executive is satisfied the person has 10
necessary skills and knowledge in the calling, the 11
chief executive may issue the person with a 12
certificate (a recognition certificate). 13
(3) To remove doubt, it is declared that a recognition 14
certificate is not a qualification or a statement of 15
attainment. 16
(4) The chief executive may cancel a recognition 17
certificate by fair procedures prescribed under a 18
regulation if the recognition certificate was 19
issued-- 20
(a) in error; or 21
(b) because of a document or representation 22
that-- 23
(i) is false or misleading; or 24
(ii) was obtained or made in another 25
improper way. 26
(5) If the recognition certificate is cancelled, the 27
person to whom it was issued must return it to the 28
chief executive within 7 days after the chief 29
executive gives notice of the cancellation to the 30
person, unless the person has a reasonable 31
excuse. 32
Page 11
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 13]
Maximum penalty for subsection (5)--40 penalty 1
units. 2
Subdivision 3 Deciding employment 3
exemptions 4
250B Application for employment exemption 5
(1) A young person in the compulsory participation 6
phase or a parent of the young person may apply 7
to the chief executive for an employment 8
exemption for the young person. 9
(2) The application must be in the approved form. 10
(3) The applicant must give any information required 11
by the chief executive to decide the application. 12
250C Decision about employment exemption 13
(1) On an application for an employment exemption, 14
the chief executive may grant the employment 15
exemption for the young person, or refuse to do 16
so. 17
(2) If the chief executive decides to grant the 18
application, the chief executive must immediately 19
give the applicant a notice of the decision (an 20
exemption notice). 21
(3) If the chief executive decides to refuse the 22
application, the chief executive must immediately 23
give the applicant a notice of the decision (an 24
information notice). 25
(4) An information notice must state the following-- 26
(a) the decision; 27
(b) the reasons for the decision; 28
(c) the day the decision has effect; 29
Page 12
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 13]
(d) that the young person or parent of the young 1
person may apply, as provided under the 2
QCAT Act, to QCAT for a review of the 3
decision; 4
(e) how to apply for a review; 5
(f) any right the young person or parent of the 6
young person has to have the operation of 7
the decision stayed. 8
250D Amending or cancelling employment 9
exemption 10
(1) The chief executive may amend or cancel the 11
employment exemption for a young person-- 12
(a) on application by the young person or a 13
parent of the young person; or 14
(b) on the chief executive's own initiative. 15
(2) The application must be in the approved form. 16
(3) If the chief executive decides to amend the 17
employment exemption-- 18
(a) the chief executive must immediately give a 19
notice of the decision (an exemption 20
notice)-- 21
(i) if the decision is made on 22
application--to the applicant and an 23
interested person; or 24
(ii) otherwise--to the young person and a 25
parent of the young person; and 26
(b) the amended employment exemption 27
replaces any earlier employment exemption 28
for the young person. 29
(4) If the chief executive decides to cancel the 30
employment exemption, the chief executive must 31
immediately give a notice of the decision (an 32
information notice)-- 33
Page 13
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 13]
(a) if the decision is made on application--to 1
the applicant and an interested person; or 2
(b) otherwise--to the young person and a 3
parent of the young person. 4
(5) An exemption notice or information notice given 5
under this section must include appropriate 6
information about the following-- 7
(a) the decision; 8
(b) the reasons for the decision; 9
(c) the day the decision has effect; 10
(d) that the young person or parent of the young 11
person may apply, as provided under the 12
QCAT Act, to QCAT for a review of the 13
decision; 14
(e) how to apply for a review; 15
(f) any right the young person or parent of the 16
young person has to have the operation of 17
the decision stayed. 18
(6) In this section-- 19
interested person means-- 20
(a) if the applicant is the young person--a 21
parent of the young person; or 22
(b) if the applicant is a parent of the young 23
person--the young person. 24
Page 14
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 14]
Subdivision 4 Recognising 1
non-departmental 2
employment skills 3
development programs 4
250E Chief executive may recognise program 5
(1) The chief executive may recognise a 6
non-departmental employment skills 7
development program for the purposes of the 8
Education (General Provisions) Act 2006, 9
section 240(3). 10
(2) The chief executive may withdraw a recognition 11
by fair procedures prescribed under a regulation. 12
(3) In this section-- 13
non-departmental employment skills 14
development program means an employment 15
skills development program other than a 16
departmental employment skills development 17
program. 18
250F Chief executive must maintain register 19
The chief executive must maintain a register of 20
non-departmental employment skills development 21
programs recognised under section 250E. 22
Editor's note-- 23
The register is available for inspection during office 24
hours at Level 4, Education House, 30 Mary Street, 25
Brisbane or on the department's website 26
. 28
Clause 14 Amendment of s 262 (Power to enter places) 29
Section 262(1)(e)(ii)-- 30
omit, insert-- 31
Page 15
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 15]
(ii) a delegate of the chief executive, other 1
than an officer of the department, is 2
exercising a power delegated to the 3
delegate by the chief executive; 4
Clause 15 Amendment of s 277 (False or misleading statements to 5
official) 6
Section 277(2), definition official-- 7
omit, insert-- 8
official means the chief executive or an inspector. 9
Clause 16 Amendment of s 282 (Disclosure of interests by member 10
of disclosure body) 11
Section 282(4), definition disclosure body, paragraphs (b) to (d)-- 12
omit, insert-- 13
(b) a committee established by a TAFE institute 14
council; 15
(c) a committee established by the chief 16
executive. 17
Clause 17 Amendment of s 284 (Other disclosure of interests) 18
(1) Section 284(2)-- 19
omit, insert-- 20
(2) The person must disclose the interest to the chief 21
executive. 22
Maximum penalty--50 penalty units. 23
(2) Section 284(3), `, chairperson'-- 24
omit. 25
Clause 18 Amendment of s 289 (Evidentiary provisions) 26
(1) Section 289(2)-- 27
Page 16
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 19]
omit, insert-- 1
(2) It is not necessary to prove the appointment of 2
the chief executive or an inspector, or the 3
authority of the chief executive or an inspector to 4
do anything under this Act, unless a party, by 5
reasonable notice of at least 7 days, requires 6
proof of the appointment or authority. 7
(2) Section 289(3), `a person authorised to sign the document for 8
Skills Queensland,'-- 9
omit. 10
(3) Section 289(4)-- 11
omit, insert-- 12
(4) An entry in a register kept under this Act, or a 13
copy or extract from a register kept under this 14
Act, certified to be a true copy or extract by the 15
chief executive is evidence of the matters 16
contained in the register. 17
(4) Section 289(5) and (8), `a person authorised to sign a 18
document for Skills Queensland,'-- 19
omit. 20
(5) Section 289(7), `, Skills Queensland'-- 21
omit. 22
Clause 19 Amendment of s 290 (Protection from liability) 23
Section 290(3), definition indemnified person, paragraph (g)-- 24
omit. 25
Clause 20 Insertion of new s 290A 26
After section 290-- 27
insert-- 28
Page 17
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 21]
290A Approved forms 1
The chief executive may approve forms for use under 2
this Act. 3
Clause 21 Insertion of new ch 10, pt 9 4
Chapter 10-- 5
insert-- 6
Part 9 Transitional provisions 7
for Vocational 8
Education, Training and 9
Employment (Skills 10
Queensland) and 11
Another Act 12
Amendment Act 2013 13
411 Definitions for pt 9 14
In this part-- 15
commencement means the commencement of 16
this part. 17
former Act means this Act as in force from time 18
to time before the commencement. 19
former provision means the following sections of 20
the former Act repealed by the Vocational 21
Education, Training and Employment (Skills 22
Queensland) and Another Act Amendment Act 23
2013-- 24
(a) section 182; 25
(b) section 183; 26
(c) section 183A; 27
(d) section 183B; 28
Page 18
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 21]
(e) section 183C; 1
(f) section 183D; 2
(g) section 183E. 3
new provision, for a former provision, means the 4
following sections-- 5
(a) for section 182 of the former Act--section 6
250A; 7
(b) for section 183 of the former Act--section 8
47; 9
(c) for section 183A of the former Act--section 10
250B; 11
(d) for section 183B of the former Act--section 12
250C; 13
(e) for section 183C of the former Act--section 14
250D; 15
(f) for section 183D of the former Act--section 16
250E; 17
(g) for section 183E of the former Act--section 18
250F. 19
412 Dissolution of Skills Queensland 20
(1) On the commencement-- 21
(a) Skills Queensland is dissolved; and 22
(b) the members of Skills Queensland go out of 23
office; and 24
(c) the chief executive officer of Skills 25
Queensland goes out of office. 26
(2) No compensation is payable to a member or the 27
chief executive officer because of subsection (1). 28
Page 19
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 21]
413 Chief executive is legal successor 1
(1) The chief executive is the successor in law of 2
Skills Queensland. 3
(2) Subsection (1) is not limited by another provision 4
of this part. 5
414 Documents held by Skills Queensland that 6
become documents of chief executive 7
(1) This section applies to documents held by Skills 8
Queensland immediately before the 9
commencement that-- 10
(a) related to Skills Queensland's functions 11
under the former Act; and 12
(b) on the commencement, relate to similar 13
functions to be performed by the chief 14
executive under this Act. 15
(2) On the commencement, the documents become 16
the documents of the chief executive and may be 17
used by the chief executive in performing the 18
chief executive's functions under this Act. 19
415 Continuation of registration of training 20
contracts and vocational placement 21
agreements for long placement 22
(1) This section applies to the registration of a 23
training contract or vocational placement 24
agreement for a long placement by Skills 25
Queensland under the former Act and in force 26
immediately before the commencement. 27
(2) On the commencement, the contract or 28
agreement continues as if it had been registered 29
by the chief executive under this Act. 30
Page 20
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 21]
416 Obligation to return cancelled recognition 1
certificate 2
An obligation to return a cancelled recognition 3
certificate under section 182(5) of the former Act that 4
had not ended before the commencement is taken to 5
be an obligation to return the certificate to the chief 6
executive under section 250A(5). 7
417 Applications made to Skills Queensland taken 8
to be made to chief executive 9
(1) This section applies if-- 10
(a) before the commencement, a person made 11
an application under the former Act to Skills 12
Queensland; and 13
(b) immediately before the commencement, the 14
application had not been finally dealt with. 15
(2) On the commencement-- 16
(a) the application is taken to have been made to 17
the chief executive; and 18
(b) the chief executive may deal or continue to 19
deal with the application under this Act. 20
418 Decisions etc. of Skills Queensland taken to 21
be decisions etc. of chief executive 22
(1) This section applies to-- 23
(a) an approval, certificate, consent, decision, 24
declaration, notice, order, requirement or 25
thing given, issued, made or done before the 26
commencement by, or in relation to, Skills 27
Queensland under the former Act that is 28
current immediately before the 29
commencement; and 30
Page 21
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 21]
(b) a recognition by Skills Queensland that is 1
current immediately before the 2
commencement. 3
(2) On the commencement-- 4
(a) the approval, certificate, consent, decision, 5
declaration, notice, order, requirement or 6
thing is taken to have been given, issued, 7
made or done by, or in relation to, the chief 8
executive; and 9
(b) the recognition is taken to be a recognition 10
by the chief executive. 11
(3) The chief executive may deal or continue to deal 12
with the matter the subject of the approval, 13
certificate, consent, decision, declaration, notice, 14
order, requirement, thing or recognition. 15
Examples-- 16
1 If, before the commencement, Skills Queensland was 17
deciding whether to cancel a completion certificate 18
and it had given the affected person a show cause 19
notice under the regulation, on the commencement, 20
the chief executive is taken to have given the show 21
cause notice and the chief executive may continue to 22
undertake the process and decide whether to cancel 23
the completion certificate. 24
2 A recognition of a group training organisation by 25
Skills Queensland that is in force immediately before 26
the commencement is, on the commencement, taken 27
to be a recognition of the group training organisation 28
by the chief executive. 29
3 A declaration by Skills Queensland of an employer 30
as a prohibited employer that has not ended before 31
the commencement is, on the commencement, taken 32
to be a declaration by the chief executive. 33
(4) A thing done by Skills Queensland under a 34
former provision before the commencement is 35
taken to have been done by the chief executive 36
under the new provision for the former provision. 37
Page 22
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 21]
(5) In this section-- 1
current includes in force. 2
419 Right of review or appeal 3
(1) Without limiting section 418, if a person had a 4
right of review or appeal against a decision 5
mentioned in that section that had not ended 6
immediately before the commencement, the 7
person may apply for a review of, or appeal 8
against, the decision as if it were a decision of the 9
chief executive. 10
(2) Also, without limiting subsection (1), if the 11
decision was made under a former provision, the 12
person may apply for a review of the decision 13
under the new provision for the former provision. 14
420 Chief executive substituted for Skills 15
Queensland in proceedings in QCAT and 16
industrial commission 17
(1) This section applies if immediately before the 18
commencement, Skills Queensland was a party to 19
a proceeding in QCAT or the industrial 20
commission in relation to a decision of Skills 21
Queensland about a matter under the former Act. 22
(2) On the commencement, the chief executive 23
becomes a party to the proceeding instead of 24
Skills Queensland. 25
421 Chief executive to replace Skills Queensland 26
for matter remitted by industrial commission 27
(1) This section applies if-- 28
(a) before the commencement, Skills 29
Queensland made a decision about a matter 30
mentioned in section 230; and 31
Page 23
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 21]
(b) on the commencement-- 1
(i) the decision is the subject of a 2
proceeding; and 3
(ii) the industrial commission allows the 4
appeal and remits a matter to the 5
person who made the decision under 6
section 233(2)(d). 7
(2) The matter is remitted instead to the chief 8
executive. 9
422 Delegations by Skills Queensland to continue 10
as delegations by chief executive 11
(1) This section applies to the following in force 12
immediately before the commencement and 13
relating to a function or power that the chief 14
executive has under this Act-- 15
(a) a delegation by Skills Queensland to an 16
appropriately qualified entity under section 17
152(1)(e) of the former Act; 18
(b) a subdelegation by an entity under section 19
152(2) of the former Act. 20
(2) On the commencement, the chief executive is 21
taken to replace Skills Queensland as delegator 22
and the delegation or subdelegation continues in 23
force until the earlier of the following-- 24
(a) the chief executive ends the delegation or 25
subdelegation; 26
(b) 1 year after the commencement. 27
423 Guidelines for Skills Queensland to continue 28
as guidelines of chief executive 29
(1) This section applies to a guideline for Skills 30
Queensland under section 152A of the former 31
Act in force immediately before the 32
Page 24
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 2 Amendment of Vocational Education, Training and Employment Act 2000
[s 21]
commencement that relates to a power or 1
function that the chief executive has under this 2
Act. 3
(2) On the commencement, the guideline continues 4
in force under this Act as if it had been made by 5
the chief executive under section 245A until the 6
earlier of the following-- 7
(a) the chief executive repeals the guideline; 8
(b) 1 year after the commencement. 9
(3) The chief executive must publish the guideline on 10
the department's website. 11
424 Approved forms continue as approved forms 12
of chief executive 13
(1) This section applies to a form approved by Skills 14
Queensland under section 152B of the former 15
Act in force immediately before the 16
commencement that relates to a power or 17
function that the chief executive has under this 18
Act. 19
(2) On the commencement, the form continues in 20
force under this Act as if it had been approved by 21
the chief executive under section 290A until the 22
earlier of the following-- 23
(a) the chief executive repeals the approval of 24
the form; 25
(b) 1 year after the commencement. 26
425 References in documents 27
A reference in a document to Skills Queensland may, 28
if the context permits, be taken to be a reference to the 29
chief executive. 30
Page 25
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 3 Amendment of Industrial Relations Act 1999
[s 22]
Clause 22 Amendment of sch 3 (Dictionary) 1
(1) Schedule 3, definitions appointed members, approved form, 2
approved guideline, chief executive officer, non-departmental 3
employment skills development program and recognition 4
certificate-- 5
omit. 6
(2) Schedule 3-- 7
insert-- 8
appointed members, for chapter 6, part 2, 9
division 2, see section 196. 10
approved form see section 290A. 11
approved guideline, for a requirement for a 12
matter, means the guideline for the matter made 13
under section 245A. 14
non-departmental employment skills 15
development program see section 250E(3). 16
recognition certificate see section 250A. 17
Part 3 Amendment of Industrial 18
Relations Act 1999 19
Clause 23 Act amended 20
This part amends the Industrial Relations Act 1999. 21
Note-- 22
See also the amendments in schedule 1. 23
Clause 24 Insertion of new ch 20, pt 17 24
After section 805-- 25
insert-- 26
Page 26
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 3 Amendment of Industrial Relations Act 1999
[s 25]
Part 17 Transitional provision 1
for Vocational 2
Education, Training and 3
Employment (Skills 4
Queensland) and 5
Another Act 6
Amendment Act 2013 7
806 Continuation of decisions made by approving 8
authority 9
(1) This section applies to a decision of Skills 10
Queensland as the approving authority that is in 11
force immediately before the commencement of 12
this section. 13
(2) On the commencement, the decision is taken to 14
be a decision of the chief executive (VETE) as 15
the approving authority. 16
Clause 25 Amendment of sch 5 (Dictionary) 17
(1) Schedule 5, definition approving authority-- 18
omit. 19
(2) Schedule 5-- 20
insert-- 21
approving authority means the chief executive 22
(VETE). 23
chief executive (VETE) means the chief 24
executive of the department in which the 25
Vocational Education, Training and Employment 26
Act 2000 is administered. 27
Page 27
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Part 4 Amendment of TAFE Queensland Act 2013
[s 26]
Part 4 Amendment of TAFE 1
Queensland Act 2013 2
Clause 26 Act amended 3
This part amends the TAFE Queensland Act 2013. 4
Clause 27 Amendment of s 29 (Other staff) 5
Section 29(1), after `functions'-- 6
insert-- 7
, including, for example, on a temporary basis to meet 8
temporary circumstances 9
Part 5 Consequential amendments 10
Clause 28 Acts amended 11
Schedule 1 amends the Acts it mentions. 12
Page 28
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Schedule 1
Schedule 1 Acts amended 1
section 28 2
Education (General Provisions) Act 2006 3
1 Section 240(6), definition employment exemption, 4
`chapter 5, part 3, division 5A'-- 5
omit, insert-- 6
chapter 9, part 1, division 1, subdivision 3 7
2 Schedule 4, definition employment exemption-- 8
omit. 9
3 Schedule 4, definition non-departmental employment 10
skills development program, `section 183E'-- 11
omit, insert-- 12
section 250F 13
Industrial Relations Act 1999 14
1 Sections 137(4)(b)(i), 138(3)(b)(i), 138A(5), definition 15
probationary period, 138B(3), 139A(1)(c)(i), 140(3)(b)(i), 16
140A(2)(b)(i) and 391(2)(b) and schedule 5, definition 17
group training organisation, `Skills Queensland'-- 18
omit, insert-- 19
the chief executive (VETE) 20
Page 29
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Schedule 1
Public Service Act 2008 1
1 Schedule 1, entry for Skills Queensland under the 2
Vocational Education, Training and Employment Act 3
2000-- 4
omit. 5
Vocational Education, Training and Employment Act 6
2000 7
1 Sections 7, 8, 50(4), 54(4), (5) and (6), 57(1)(a) and (1A), 8
58(1), 63(1), (3) and (4), 64(4), (5), (8)(b) and (9), 65(2), (4) 9
and (5), 66(3), 69(2)(b), 70, definition misconduct, 10
paragraph (a)(i), 71(1), 73(4) and (5), 76(1), (3), (4) and (5), 11
77(2) and (4), 82(2) and (3), 83(4), (5) and (6), 84(1), (5), (6), 12
(7) and (8), 86(3) and (4), 108(1), 109(3), 111, 118(1), (3) 13
and (5), 121(2), 121(6), definition approved time, 122(3), 14
123(3), 221(2), 223(2), 223A(2), 223C(2) and 286(3)(c), and 15
schedule 3, definitions completion certificate, group 16
training organisation, information notice, principal 17
employer organisation, probationary period and 18
restricted calling, `Skills Queensland'-- 19
omit, insert-- 20
the chief executive 21
2 Sections 7 and 8, note 1, `section 183'-- 22
omit, insert-- 23
section 47 24
Page 30
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Schedule 1
3 Sections 49(1), 50(1), 54(1), (2) and (3), 63(2), 64(7), 65(6), 1
66(2), 71(2) and (3), 76(2), 83(7), 84(2), (3) and (4), 89(1), 2
109(1) and (2), 118(2) and (4), 221(1), 223(1), 223A(1) and 3
223C(1), `Skills Queensland'-- 4
omit, insert-- 5
The chief executive 6
4 Sections 63(2), 64(7)(b), 66(2), 83(5) and (6) and 84(5) and 7
(6), `its decision'-- 8
omit, insert-- 9
the decision 10
5 Sections 64(8), 66(1), 77(3) and 83(1), `Skills Queensland 11
may'-- 12
omit, insert-- 13
The chief executive may 14
6 Section 65, heading, `Skills Queensland's'-- 15
omit, insert-- 16
Chief executive's 17
7 Section 65(5), `it may'-- 18
omit, insert-- 19
the chief executive may 20
8 Section 65(6), `on its decision for'-- 21
omit, insert-- 22
for the decision on 23
Page 31
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Schedule 1
9 Sections 65(7), 66(1) and 110, `Skills Queensland's'-- 1
omit, insert-- 2
the chief executive's 3
10 Sections 66(1), 77(3) and 83(1), `if Skills Queensland'-- 4
omit, insert-- 5
if the chief executive 6
11 Section 71(3)(b), `of its decision'-- 7
omit, insert-- 8
for the decision 9
12 Section 76(3), from `it must'-- 10
omit, insert-- 11
the chief executive must immediately give the holder 12
of the certificate an information notice for the 13
decision. 14
13 Section 77(5)-- 15
omit, insert-- 16
(5) The chief executive must-- 17
(a) if the chief executive extends the nominal 18
term, give the parties signed notice of the 19
extension; or 20
(b) if the chief executive refuses to extend the 21
nominal term, promptly give the parties an 22
information notice. 23
14 Section 78(3), `Editor's note'-- 24
omit, insert-- 25
Note 26
Page 32
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Schedule 1
15 Section 84(1), `request it'-- 1
omit, insert-- 2
request the chief executive 3
16 Section 84(3) and (4), `only if it is'-- 4
omit, insert-- 5
only if 6
17 Section 84(7), `it must'-- 7
omit, insert-- 8
, the chief executive must 9
18 Section 86(2), `Skills Queensland for its'-- 10
omit, insert-- 11
the chief executive for 12
19 Section 86(2A)-- 13
omit, insert-- 14
(2A) When the chief executive decides the application, 15
the chief executive must promptly give the 16
employer and the apprentice or trainee an 17
information notice for the decision. 18
20 Section 109, heading, `Skills Queensland'-- 19
omit, insert-- 20
chief executive 21
21 Section 118(4) and (5), `of its'-- 22
omit, insert-- 23
of the chief executive's 24
Page 33
Vocational Education, Training and Employment (Skills Queensland) and Another Act
Amendment Bill 2013
Schedule 1
22 Section 121(3), from `Skills Queensland may' to `Skills 1
Queensland is'-- 2
omit, insert-- 3
The chief executive may approve the extension only if 4
23 Section 121(4)-- 5
omit, insert-- 6
(4) The chief executive must notify the organisation 7
in writing immediately after deciding the 8
application. 9
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 34
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