{"id":"qld:act-1996-009","name":"Education (Work Experience) Act 1996","slug":"education-work-experience-act-1996","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"9 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104686,"registerId":"qld-act-1996-009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Education (Work Experience) Act 1996 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":3},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Location of definitions","content":"## Location of definitions","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions and dictionary","content":"### sec.3 Definitions and dictionary\n\nThe dictionary in the schedule defines particular words used in this Act.\nDefinitions found elsewhere in the Act are signposted in the dictionary.\nDivision 2 defines key terms used in this Act.\n(sec.3-ssec.1) The dictionary in the schedule defines particular words used in this Act.\n(sec.3-ssec.2) Definitions found elsewhere in the Act are signposted in the dictionary.\n(sec.3-ssec.3) Division 2 defines key terms used in this Act.","sortOrder":5},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Meaning of key terms","content":"## Meaning of key terms","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Work experience arrangements etc.","content":"### sec.4 Work experience arrangements etc.\n\nA work experience arrangement is an arrangement made between a student’s educational establishment and a person (the work experience provider ) under which the person will provide experience ( work experience ) to the student as part of the student’s education.\nHowever, an arrangement made by a registered higher education provider is not a work experience arrangement if—\nit is for the provision of experience to a student enrolled in a course provided by the registered higher education provider; and\nthe experience is a mandatory or assessable part of the course.\nIn this section—\nregistered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 .\ns 4 amd 1996 No. 65 s 52 sch 2 ; 2014 No. 25 s 223 sch 1 pt 2\n(sec.4-ssec.1) A work experience arrangement is an arrangement made between a student’s educational establishment and a person (the work experience provider ) under which the person will provide experience ( work experience ) to the student as part of the student’s education.\n(sec.4-ssec.2) However, an arrangement made by a registered higher education provider is not a work experience arrangement if— it is for the provision of experience to a student enrolled in a course provided by the registered higher education provider; and the experience is a mandatory or assessable part of the course.\n(sec.4-ssec.3) In this section— registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 .\n- (a) it is for the provision of experience to a student enrolled in a course provided by the registered higher education provider; and\n- (b) the experience is a mandatory or assessable part of the course.","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Educational establishment","content":"### sec.5 Educational establishment\n\nA student’s educational establishment is—\nif the student is enrolled in a State school—the school; or\nif the student is enrolled in a non-State school—the school; or\nif the student is registered for home education—the home education place; or\nif the student is enrolled in a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 (Cwlth) —the organisation; or\nif the student is enrolled in a university—the university; or\nif the student is enrolled with an entity prescribed under a regulation to be an educational establishment—the entity.\nHowever, an educational establishment does not include an institution, school, place, entity, college, establishment or university mentioned in subsection (1) if it is prescribed under a regulation not to be an educational establishment.\ns 5 amd 2000 No. 23 s 293 sch 2 ; 2003 No. 63 s 60 sch ; 2005 No. 20 s 60 sch 1 , 2006 No. 39 s 512 (1) sch 1 ; 2007 No. 53 s 30 sch ; 2012 No. 11 s 43 sch pt 2 ; 2013 No. 27 s 70 sch 1 pt 2 ; 2014 No. 4 s 44 sch 1 ; 2014 No. 25 s 223 sch 1 pt 2 ; 2014 No. 62 s 140 sch 1 ; 2020 No. 3 s 136 sch 1\n(sec.5-ssec.1) A student’s educational establishment is— if the student is enrolled in a State school—the school; or if the student is enrolled in a non-State school—the school; or if the student is registered for home education—the home education place; or if the student is enrolled in a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 (Cwlth) —the organisation; or if the student is enrolled in a university—the university; or if the student is enrolled with an entity prescribed under a regulation to be an educational establishment—the entity.\n(sec.5-ssec.2) However, an educational establishment does not include an institution, school, place, entity, college, establishment or university mentioned in subsection (1) if it is prescribed under a regulation not to be an educational establishment.\n- (a) if the student is enrolled in a State school—the school; or\n- (b) if the student is enrolled in a non-State school—the school; or\n- (c) if the student is registered for home education—the home education place; or\n- (f) if the student is enrolled in a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 (Cwlth) —the organisation; or\n- (g) if the student is enrolled in a university—the university; or\n- (h) if the student is enrolled with an entity prescribed under a regulation to be an educational establishment—the entity.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Work experience may be arranged","content":"### sec.6 Work experience may be arranged\n\nAn educational establishment may make work experience arrangements for its students.\nA work experience arrangement must be in writing.\n(sec.6-ssec.1) An educational establishment may make work experience arrangements for its students.\n(sec.6-ssec.2) A work experience arrangement must be in writing.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Principal to approve arrangement","content":"### sec.7 Principal to approve arrangement\n\nA work experience arrangement may be made for a student only with the approval of the principal of the student’s educational establishment.\nThe principal may approve the arrangement only if, in the principal’s opinion, the work experience provider is suitable to provide work experience.\nThe principal may delegate the principal’s power under subsection (2) to an officer or employee of the educational establishment.\n(sec.7-ssec.1) A work experience arrangement may be made for a student only with the approval of the principal of the student’s educational establishment.\n(sec.7-ssec.2) The principal may approve the arrangement only if, in the principal’s opinion, the work experience provider is suitable to provide work experience.\n(sec.7-ssec.3) The principal may delegate the principal’s power under subsection (2) to an officer or employee of the educational establishment.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Requirement for workers’ compensation","content":"### sec.8 Requirement for workers’ compensation\n\nA student must not start a work experience placement until the responsible body has entered into a suitable contract of insurance with WorkCover Queensland under the Workers’ Compensation and Rehabilitation Act 2003 .\nIn subsection (1) —\nresponsible body means—\nif the student’s educational establishment is a State school or a home education place—the chief executive (education); or\nin any other case—the student’s educational establishment.\ns 8 amd 1996 No. 75 s 535 sch 2 ; 2003 No. 27 s 622 sch 5 ; 2006 No. 39 s 512 (1) sch 1\n(sec.8-ssec.1) A student must not start a work experience placement until the responsible body has entered into a suitable contract of insurance with WorkCover Queensland under the Workers’ Compensation and Rehabilitation Act 2003 .\n(sec.8-ssec.2) In subsection (1) — responsible body means— if the student’s educational establishment is a State school or a home education place—the chief executive (education); or in any other case—the student’s educational establishment.\n- (a) if the student’s educational establishment is a State school or a home education place—the chief executive (education); or\n- (b) in any other case—the student’s educational establishment.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Protection from liability","content":"### sec.9 Protection from liability\n\nA student must not start a work experience placement until the insuring body has entered into a contract of insurance indemnifying the student and the work experience provider against liability for personal injury or property damage, suffered by the student, the work experience provider or another person, arising out of the work experience.\nThe maximum amount payable under the contract of insurance for a claim for injury or damage arising out of work experience is $10,000,000 plus an amount directly attributable to any GST payable in relation to a supply made because of the settlement of the claim.\nIn this section—\ninsuring body means—\nif the student’s educational establishment is a State school, a home education place or a non-State school—the chief executive (education); or\nin any other case—the student’s educational establishment.\ns 9 amd 2000 No. 20 s 29 sch 3 ; 2001 No. 60 s 219 sch 2 ; 2006 No. 39 s 512 (1) sch 1\n(sec.9-ssec.1) A student must not start a work experience placement until the insuring body has entered into a contract of insurance indemnifying the student and the work experience provider against liability for personal injury or property damage, suffered by the student, the work experience provider or another person, arising out of the work experience.\n(sec.9-ssec.2) The maximum amount payable under the contract of insurance for a claim for injury or damage arising out of work experience is $10,000,000 plus an amount directly attributable to any GST payable in relation to a supply made because of the settlement of the claim.\n(sec.9-ssec.3) In this section— insuring body means— if the student’s educational establishment is a State school, a home education place or a non-State school—the chief executive (education); or in any other case—the student’s educational establishment.\n- (a) if the student’s educational establishment is a State school, a home education place or a non-State school—the chief executive (education); or\n- (b) in any other case—the student’s educational establishment.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Certain laws not to apply to work experience placements","content":"### sec.10 Certain laws not to apply to work experience placements\n\nA student on work experience is taken not to be the employee of the work experience provider and the provider is taken not to be the employer of the student.\nIn particular, a law prohibiting employment or regulating working conditions does not apply to work experience.\nHowever, the following laws apply to work experience as if the student were an employee or worker and the work experience provider were an employer—\nthe Work Health and Safety Act 2011 ;\nthe Child Employment Act 2006 , section 8A ;\na law that prohibits the employment, or regulates the working conditions, of persons who do not have particular qualifications.\ns 10 amd 2007 No. 23 s 53 ; 2011 No. 18 s 404 sch 4 pt 2 div 1\n(sec.10-ssec.1) A student on work experience is taken not to be the employee of the work experience provider and the provider is taken not to be the employer of the student.\n(sec.10-ssec.2) In particular, a law prohibiting employment or regulating working conditions does not apply to work experience.\n(sec.10-ssec.3) However, the following laws apply to work experience as if the student were an employee or worker and the work experience provider were an employer— the Work Health and Safety Act 2011 ; the Child Employment Act 2006 , section 8A ; a law that prohibits the employment, or regulates the working conditions, of persons who do not have particular qualifications.\n- (a) the Work Health and Safety Act 2011 ;\n- (b) the Child Employment Act 2006 , section 8A ;\n- (c) a law that prohibits the employment, or regulates the working conditions, of persons who do not have particular qualifications.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Work experience in restricted callings","content":"### sec.11 Work experience in restricted callings\n\nThe Further Education and Training Act 2014 , section 64 , does not apply to work experience in restricted callings.\nIn this section—\nrestricted calling means a calling declared to be a restricted calling under the Further Education and Training Act 2014 , section 64 (1) .\ns 11 sub 2000 No. 23 s 293 sch 2\namd 2003 No. 63 s 60 sch ; 2014 No. 25 s 223 sch 1 pt 2\n(sec.11-ssec.1) The Further Education and Training Act 2014 , section 64 , does not apply to work experience in restricted callings.\n(sec.11-ssec.2) In this section— restricted calling means a calling declared to be a restricted calling under the Further Education and Training Act 2014 , section 64 (1) .","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Conditions of work experience","content":"### sec.12 Conditions of work experience\n\nThe following conditions apply to work experience—\nthe work experience arrangement must be made before the student starts a work experience placement;\nif the student is a minor—a parent of the student must give written consent to the arrangement;\nthe work experience placement must finish in the year it starts;\nthe student must not receive work experience for more than 30 days in a year;\nthe work experience provider must not provide work experience to more than the permitted number of students at the same time;\nthe work experience provider must not provide work experience to the student at a time other than during the ordinary working hours of the place where the work experience is provided;\nthe student must not be paid for work experience.\nSubsection (1) (b) does not apply to a student who is not in an adult’s care and control.\nDespite subsection (1) (d) , a principal may approve, for a student who is a person with a disability, work experience for more than 30 days in a year.\nFor subsection (1) (e) , the permitted number of students is—\nthe number equal to the number of full-time employees of the work experience provider; or\nif special circumstances exist—the number approved by the chief executive.\n(sec.12-ssec.1) The following conditions apply to work experience— the work experience arrangement must be made before the student starts a work experience placement; if the student is a minor—a parent of the student must give written consent to the arrangement; the work experience placement must finish in the year it starts; the student must not receive work experience for more than 30 days in a year; the work experience provider must not provide work experience to more than the permitted number of students at the same time; the work experience provider must not provide work experience to the student at a time other than during the ordinary working hours of the place where the work experience is provided; the student must not be paid for work experience.\n(sec.12-ssec.2) Subsection (1) (b) does not apply to a student who is not in an adult’s care and control.\n(sec.12-ssec.3) Despite subsection (1) (d) , a principal may approve, for a student who is a person with a disability, work experience for more than 30 days in a year.\n(sec.12-ssec.4) For subsection (1) (e) , the permitted number of students is— the number equal to the number of full-time employees of the work experience provider; or if special circumstances exist—the number approved by the chief executive.\n- (a) the work experience arrangement must be made before the student starts a work experience placement;\n- (b) if the student is a minor—a parent of the student must give written consent to the arrangement;\n- (c) the work experience placement must finish in the year it starts;\n- (d) the student must not receive work experience for more than 30 days in a year;\n- (e) the work experience provider must not provide work experience to more than the permitted number of students at the same time;\n- (f) the work experience provider must not provide work experience to the student at a time other than during the ordinary working hours of the place where the work experience is provided;\n- (g) the student must not be paid for work experience.\n- (a) the number equal to the number of full-time employees of the work experience provider; or\n- (b) if special circumstances exist—the number approved by the chief executive.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Regulation-making power","content":"### sec.13 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":17},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional and savings","content":"# Transitional and savings","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"References to repealed Act","content":"### sec.14 References to repealed Act\n\nIn an Act or document, a reference to the Education (Student Work Experience) Act 1978 may, if the context permits, be taken to be a reference to this Act.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 om 1 February 1997 RA s 40","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 exp 28 April 1997 (see s 16(2))","sortOrder":21}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act supersedes the earlier Education (Student Work Experience) Act 1978 (see s.14) and, on its face, narrows and clarifies the regulated activity: it expressly excludes mandatory/assessable higher‑education placements from being 'work experience' (s.4), formalises written arrangements and approval roles (ss.6–7), and imposes specific insurance/indemnity duties (ss.8–9) and operational limits (s.12). Those express exclusions, financial protections and delegated discretions indicate a change in scope and regulatory form compared with a simple predecessor framework."},"complexity_factors":["Cross‑references to external Acts (Work Health and Safety Act 2011; Workers’ Compensation and Rehabilitation Act 2003; Tertiary Education Quality and Standards Agency Act 2011) increase legal integration needs","Multiple defined roles and shifting responsibilities (educational establishment, principal, responsible body, insuring body, chief executive) create administrative layering","Discretion points (principal’s suitability opinion and delegation; chief executive approval for special circumstances; Governor in Council regulation‑making power)","Insurance and indemnity requirements with a monetary cap ($10,000,000) impose financial and compliance obligations","Exceptions and exclusions (notably registered higher education providers for mandatory/assessable course components) add scope nuance","Operational limits and conditional rules (30‑day cap, ordinary hours, parental consent, permitted number tied to full‑time employees) create several compliance metrics"],"plain_english_summary":"This Act authorises educational establishments to arrange written, unpaid work‑experience placements for students subject to conditions: principal approval, parent consent for minors, completion within the year, a 30‑day annual cap (with limited exceptions), placements only in ordinary working hours, and limits on how many students a host may take. It requires the responsible/insuring body to obtain WorkCover and indemnity insurance (with a statutory cap) and treats students as non‑employees for employment law except that health‑and‑safety and some child‑employment protections still apply."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1996 Act appears to have been narrower in scope, focused primarily on school-age students. Through successive amendments it has been expanded to cover registered training organisations (TAFE/VET), universities, home education providers, and entities prescribed by regulation — significantly broadening the range of educational establishments and students covered. The exclusion for mandatory/assessable university placements (added in 2014) also reflects a deliberate policy refinement responding to the growth of work-integrated learning in higher education."},"complexity_factors":["Cross-references to multiple other Acts (Workers' Compensation and Rehabilitation Act 2003, Work Health and Safety Act 2011, Child Employment Act 2006, Further Education and Training Act 2014, Tertiary Education Quality and Standards Agency Act 2011, National Vocational Education and Training Regulator Act 2011)","Multiple categories of 'educational establishment' with different insurance/responsibility rules depending on type","Nuanced exclusion for registered higher education providers depending on whether placement is mandatory or assessable","Layered insurance obligations split between government (State schools/home education) and institutions (non-State schools, universities, RTOs)","Conditions table in section 12 with multiple exceptions and carve-outs (disability exception, care-and-control exception, special circumstances for student caps)","The law has been amended many times (14+ amendments), suggesting layered legislative history that can complicate interpretation","Interaction between the 'not an employee' fiction and the selective re-application of employment laws creates conceptual complexity"],"plain_english_summary":"This Queensland law governs school/TAFE/university work‑experience placements, setting who it applies to (students, education providers, host businesses and parents) and basic obligations for arrangements, safety, insurance and duration. It clarifies students are not employees and unpaid, while requiring hosts to keep placements safe and covered by insurance.\n\nIt matters because it enables real‑world learning while limiting exploitation and clarifying liability for hosts and education providers."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1996 scope. Originally focused on school-based work experience, amendments have progressively broadened coverage to include: registered training organisations (2000s), universities (2003), home education (2006), and specific exclusions for higher education mandatory placements (2014). The insurance and liability provisions have also been updated multiple times to reflect changes in workers' compensation and GST legislation. The definition of 'educational establishment' has grown from a simple school-based concept to a complex six-category system with regulatory override powers."},"complexity_factors":["Multiple cross-references to other Queensland and Commonwealth legislation (Workers' Compensation and Rehabilitation Act 2003, Work Health and Safety Act 2011, Tertiary Education Quality and Standards Agency Act 2011, etc.)","Nested conditional definitions for 'educational establishment' with 6 categories plus a regulatory exclusion clause","Dual insurance schemes with different responsible bodies depending on school type (state vs non-state vs other)","Exception to exception structure in section 4 (definition of work experience arrangement excludes higher education mandatory placements)","Multiple amendment history references indicating evolving scope (14+ amendment notes visible)","Conditional application of employment laws - general exclusion with specific carve-outs for safety and child employment laws"],"plain_english_summary":"This Queensland law sets up the rules for **work experience programs** where students get practical on-the-job training as part of their education.\n\n**What it does:**\n- Allows schools, universities, TAFEs, and home education providers to arrange work experience placements for their students with businesses or other organisations (called \"work experience providers\")\n- Requires these arrangements to be in writing and approved by the school principal\n- Mandates that students must have **workers' compensation insurance** through WorkCover Queensland before starting\n- Requires **$10 million in liability insurance** to protect both the student and the business against injury or property damage claims\n- Sets conditions on placements: maximum 30 days per year (unless the student has a disability), no payment to students, parental consent required for minors, and limits on how many students a business can host at once\n\n**Who it affects:**\n- **Students** in Queensland schools (state and private), universities, TAFEs, and home education\n- **School principals** who must approve arrangements and vet providers\n- **Businesses** hosting students, who get special legal protections\n- **The Queensland education department** (chief executive), which handles insurance for state schools and some private schools\n\n**Why it matters:**\nThe law creates a **safe legal framework** for work experience. Without it, businesses would risk being sued if students got injured, and students might lack proper insurance coverage. The law strikes a balance: students aren't legally \"employees\" (so businesses avoid complex employment laws), but they still get workplace safety protections and insurance coverage. This encourages businesses to participate in work experience programs without fear of massive legal liability."}},"importantCases":[],"_links":{"self":"/api/acts/education-work-experience-act-1996","history":"/api/acts/education-work-experience-act-1996/history","analysis":"/api/acts/education-work-experience-act-1996/analysis","conflicts":"/api/acts/education-work-experience-act-1996/conflicts","importantCases":"/api/acts/education-work-experience-act-1996/important-cases","documents":"/api/acts/education-work-experience-act-1996/documents"}}