{"id":"qld:act-2014-025","name":"Further Education and Training Act 2014","slug":"further-education-and-training-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"25 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29675,"registerId":"qld-act-2014-025-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Further Education and Training Act 2014 .","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":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.","sortOrder":3},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Objects of Act","content":"# Objects of Act","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Objects","content":"### sec.4 Objects\n\nThe objects of this Act are—\nto strengthen Queensland’s economic base by providing a skilled workforce that meets the current and future needs of industry, Government and the community; and\nto facilitate the provision of vocational education and training that is linked to employment and is responsive to the future workforce development and skills requirements of industry; and\nto support the continued development of high-quality training by and within industry; and\nto support Queenslanders to access and complete the skills training they need to get a job and contribute to the State’s economy and their own prosperity; and\nto establish a simple, streamlined apprenticeship and traineeship system featuring flexible, industry-endorsed approaches to trade training; and\nto support industry and employers to take on, train and retain apprentices and trainees.\n- (a) to strengthen Queensland’s economic base by providing a skilled workforce that meets the current and future needs of industry, Government and the community; and\n- (b) to facilitate the provision of vocational education and training that is linked to employment and is responsive to the future workforce development and skills requirements of industry; and\n- (c) to support the continued development of high-quality training by and within industry; and\n- (d) to support Queenslanders to access and complete the skills training they need to get a job and contribute to the State’s economy and their own prosperity; and\n- (e) to establish a simple, streamlined apprenticeship and traineeship system featuring flexible, industry-endorsed approaches to trade training; and\n- (f) to support industry and employers to take on, train and retain apprentices and trainees.","sortOrder":5},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 5 amd 2014 No. 25 s 223 sch 1 pt 1","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Who is an apprentice","content":"### sec.6 Who is an apprentice\n\nAn employee who is being trained in an apprenticeship is an apprentice if an apprenticeship contract for the apprenticeship has been signed by the parties to the contract, whether or not the contract has been registered under this Act.\nSection 15 states who are the parties to the contract.\nHowever, an employee is not an apprentice if—\nthe employee’s employer is a prohibited employer; and\nthe employment contravenes the declaration of the employer under section 59 .\n(sec.6-ssec.1) An employee who is being trained in an apprenticeship is an apprentice if an apprenticeship contract for the apprenticeship has been signed by the parties to the contract, whether or not the contract has been registered under this Act. Section 15 states who are the parties to the contract.\n(sec.6-ssec.2) However, an employee is not an apprentice if— the employee’s employer is a prohibited employer; and the employment contravenes the declaration of the employer under section 59 .\n- (a) the employee’s employer is a prohibited employer; and\n- (b) the employment contravenes the declaration of the employer under section 59 .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Who is a trainee","content":"### sec.7 Who is a trainee\n\nAn employee who is being trained in a traineeship is a trainee if a traineeship contract for the traineeship has been signed by the parties to the contract, whether or not the contract has been registered under this Act.\nSection 15 states who are the parties to the contract.\nHowever, an employee is not a trainee if—\nthe employee’s employer is a prohibited employer; and\nthe employment contravenes the declaration of the employer under section 59 .\n(sec.7-ssec.1) An employee who is being trained in a traineeship is a trainee if a traineeship contract for the traineeship has been signed by the parties to the contract, whether or not the contract has been registered under this Act. Section 15 states who are the parties to the contract.\n(sec.7-ssec.2) However, an employee is not a trainee if— the employee’s employer is a prohibited employer; and the employment contravenes the declaration of the employer under section 59 .\n- (a) the employee’s employer is a prohibited employer; and\n- (b) the employment contravenes the declaration of the employer under section 59 .","sortOrder":9},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Declaring apprenticeships or traineeships","content":"# Declaring apprenticeships or traineeships","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Declaring apprenticeships or traineeships","content":"### sec.8 Declaring apprenticeships or traineeships\n\nThis section applies if a person can obtain a qualification or statement of attainment by completing employment-based training with an employer.\nThe chief executive may declare the employment-based training leading to the qualification or statement of attainment to be an apprenticeship or traineeship.\nA declaration under subsection (2) —\nmust be in writing; and\nmust be published on the department’s website; and\nmay include requirements prescribed by regulation for the apprenticeship or traineeship.\nWithout limiting subsection (3) (c) , the requirements may include the following for the apprenticeship or traineeship—\nthe minimum hours of paid employment;\nwhether it is to be completed on a full-time or part-time basis;\nwhether it may be completed by a student at a school;\nthe number of units of competency that may be completed by a student at a school.\nA declaration under subsection (2) does not prevent the qualification or statement of attainment being attained in a way other than by completing an apprenticeship or traineeship.\n(sec.8-ssec.1) This section applies if a person can obtain a qualification or statement of attainment by completing employment-based training with an employer.\n(sec.8-ssec.2) The chief executive may declare the employment-based training leading to the qualification or statement of attainment to be an apprenticeship or traineeship.\n(sec.8-ssec.3) A declaration under subsection (2) — must be in writing; and must be published on the department’s website; and may include requirements prescribed by regulation for the apprenticeship or traineeship.\n(sec.8-ssec.4) Without limiting subsection (3) (c) , the requirements may include the following for the apprenticeship or traineeship— the minimum hours of paid employment; whether it is to be completed on a full-time or part-time basis; whether it may be completed by a student at a school; the number of units of competency that may be completed by a student at a school.\n(sec.8-ssec.5) A declaration under subsection (2) does not prevent the qualification or statement of attainment being attained in a way other than by completing an apprenticeship or traineeship.\n- (a) must be in writing; and\n- (b) must be published on the department’s website; and\n- (c) may include requirements prescribed by regulation for the apprenticeship or traineeship.\n- (a) the minimum hours of paid employment;\n- (b) whether it is to be completed on a full-time or part-time basis;\n- (c) whether it may be completed by a student at a school;\n- (d) the number of units of competency that may be completed by a student at a school.","sortOrder":11},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Training contracts","content":"# Training contracts","sortOrder":12},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Start of apprenticeship or traineeship","content":"### sec.9 Start of apprenticeship or traineeship\n\nAn apprenticeship or traineeship starts on the day agreed by the employer and the person who is to become the employer’s apprentice or trainee.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Term of training contract","content":"### sec.10 Term of training contract\n\nThe chief executive may decide the term (the nominal term ) of training contracts for apprenticeships and traineeships.\nDifferent nominal terms may be decided—\nfor different apprenticeships or traineeships; or\ndepending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school; or\nfor individual apprentices or trainees who have previous experience as an apprentice or trainee; or\nfor individual apprentices or trainees who have previously obtained qualifications or gained relevant work experience.\nThe nominal term of a training contract must include the probationary period for the apprenticeship or traineeship.\nSection 23 provides for an extension of the nominal term for a particular apprentice or trainee.\n(sec.10-ssec.1) The chief executive may decide the term (the nominal term ) of training contracts for apprenticeships and traineeships.\n(sec.10-ssec.2) Different nominal terms may be decided— for different apprenticeships or traineeships; or depending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school; or for individual apprentices or trainees who have previous experience as an apprentice or trainee; or for individual apprentices or trainees who have previously obtained qualifications or gained relevant work experience.\n(sec.10-ssec.3) The nominal term of a training contract must include the probationary period for the apprenticeship or traineeship. Section 23 provides for an extension of the nominal term for a particular apprentice or trainee.\n- (a) for different apprenticeships or traineeships; or\n- (b) depending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school; or\n- (c) for individual apprentices or trainees who have previous experience as an apprentice or trainee; or\n- (d) for individual apprentices or trainees who have previously obtained qualifications or gained relevant work experience.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Probationary period","content":"### sec.11 Probationary period\n\nThe chief executive is to decide the probationary period for apprenticeships and traineeships.\nDifferent probationary periods may be decided—\nfor different apprenticeships or traineeships; or\ndepending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school.\n(sec.11-ssec.1) The chief executive is to decide the probationary period for apprenticeships and traineeships.\n(sec.11-ssec.2) Different probationary periods may be decided— for different apprenticeships or traineeships; or depending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school.\n- (a) for different apprenticeships or traineeships; or\n- (b) depending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Application to extend probationary period","content":"### sec.12 Application to extend probationary period\n\nThe parties to a training contract may apply in the approved form to the chief executive to extend the probationary period for the apprentice or trainee.\nSection 15 states who are the parties to the contract.\nHowever, the probationary period may not be extended past the date that is 6 months from the commencement of the training contract.\nThe application must be received by the chief executive at least 14 days before the end of the probationary period.\nHowever, the chief executive may consider an application received after that time if the chief executive is satisfied exceptional circumstances caused or contributed to the lateness of the application.\nIf the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\nHowever, subsection (5) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\nIt may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.\n(sec.12-ssec.1) The parties to a training contract may apply in the approved form to the chief executive to extend the probationary period for the apprentice or trainee. Section 15 states who are the parties to the contract.\n(sec.12-ssec.2) However, the probationary period may not be extended past the date that is 6 months from the commencement of the training contract.\n(sec.12-ssec.3) The application must be received by the chief executive at least 14 days before the end of the probationary period.\n(sec.12-ssec.4) However, the chief executive may consider an application received after that time if the chief executive is satisfied exceptional circumstances caused or contributed to the lateness of the application.\n(sec.12-ssec.5) If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\n(sec.12-ssec.6) However, subsection (5) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Decision on application to extend probationary period","content":"### sec.13 Decision on application to extend probationary period\n\nThe chief executive must decide an application under section 12 within 7 days after receiving the application.\nIf the chief executive decides to grant the application, the chief executive must give the parties to the training contract written notice of the decision.\nIf the chief executive decides not to grant the application, the chief executive must give the parties to the training contract written notice of the decision, including the reasons for the decision.\nIf the chief executive fails to decide the application within 7 days after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.\n(sec.13-ssec.1) The chief executive must decide an application under section 12 within 7 days after receiving the application.\n(sec.13-ssec.2) If the chief executive decides to grant the application, the chief executive must give the parties to the training contract written notice of the decision.\n(sec.13-ssec.3) If the chief executive decides not to grant the application, the chief executive must give the parties to the training contract written notice of the decision, including the reasons for the decision.\n(sec.13-ssec.4) If the chief executive fails to decide the application within 7 days after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Ending apprenticeship or traineeship during probationary period","content":"### sec.14 Ending apprenticeship or traineeship during probationary period\n\nAn apprenticeship or traineeship may be ended during the probationary period by the giving of written notice—\nby the employer to the apprentice or trainee; or\nby the apprentice or trainee to the employer.\nA notice under subsection (1) must state the date the apprenticeship or traineeship is to end.\nFor subsection (2) , the stated date must not be later than the end of the probationary period.\nThe employer must notify the chief executive that the apprenticeship or traineeship has ended within 7 days after it ends.\nMaximum penalty for subsection (4) —20 penalty units.\n(sec.14-ssec.1) An apprenticeship or traineeship may be ended during the probationary period by the giving of written notice— by the employer to the apprentice or trainee; or by the apprentice or trainee to the employer.\n(sec.14-ssec.2) A notice under subsection (1) must state the date the apprenticeship or traineeship is to end.\n(sec.14-ssec.3) For subsection (2) , the stated date must not be later than the end of the probationary period.\n(sec.14-ssec.4) The employer must notify the chief executive that the apprenticeship or traineeship has ended within 7 days after it ends. Maximum penalty for subsection (4) —20 penalty units.\n- (a) by the employer to the apprentice or trainee; or\n- (b) by the apprentice or trainee to the employer.","sortOrder":19},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Signing and registration of training contracts","content":"## Signing and registration of training contracts","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Training contract to be signed","content":"### sec.15 Training contract to be signed\n\nThe employer of a person who is to be trained by the employer as an apprentice or trainee must ensure a training contract is signed by the parties within 14 days after the day the apprenticeship or traineeship starts.\nMaximum penalty—40 penalty units.\nThe parties to the training contract are—\nthe employer; and\nthe person to be trained as an apprentice or trainee under the contract.\nIf the person to be trained as an apprentice or trainee is under 18 years, the training contract must also include the signed consent of a parent of the person within the time mentioned in subsection (1) .\nHowever, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\nIt may be inappropriate for a parent to give signed consent if the person to be trained as an apprentice or trainee is living independently of his or her parents.\n(sec.15-ssec.1) The employer of a person who is to be trained by the employer as an apprentice or trainee must ensure a training contract is signed by the parties within 14 days after the day the apprenticeship or traineeship starts. Maximum penalty—40 penalty units.\n(sec.15-ssec.2) The parties to the training contract are— the employer; and the person to be trained as an apprentice or trainee under the contract.\n(sec.15-ssec.3) If the person to be trained as an apprentice or trainee is under 18 years, the training contract must also include the signed consent of a parent of the person within the time mentioned in subsection (1) .\n(sec.15-ssec.4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. It may be inappropriate for a parent to give signed consent if the person to be trained as an apprentice or trainee is living independently of his or her parents.\n- (a) the employer; and\n- (b) the person to be trained as an apprentice or trainee under the contract.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Employer must ensure training contract is given to chief executive or person authorised","content":"### sec.16 Employer must ensure training contract is given to chief executive or person authorised\n\nAn employer who is a party to a training contract must take all reasonable steps to ensure the contract is given to either of the following within 28 days after the day the apprenticeship or traineeship starts—\nthe chief executive;\na person authorised by the chief executive to accept training contracts.\nMaximum penalty—40 penalty units.\nThe chief executive must publish on the department’s website the names and addresses of persons authorised to accept training contracts.\n(sec.16-ssec.1) An employer who is a party to a training contract must take all reasonable steps to ensure the contract is given to either of the following within 28 days after the day the apprenticeship or traineeship starts— the chief executive; a person authorised by the chief executive to accept training contracts. Maximum penalty—40 penalty units.\n(sec.16-ssec.2) The chief executive must publish on the department’s website the names and addresses of persons authorised to accept training contracts.\n- (a) the chief executive;\n- (b) a person authorised by the chief executive to accept training contracts.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Registering training contracts","content":"### sec.17 Registering training contracts\n\nThis section applies if the chief executive or a person authorised to accept training contracts receives a signed training contract from an employer under section 16 .\nThe chief executive must decide whether to register or refuse to register the training contract.\nThe chief executive may, by written notice, request the employer to give, within the reasonable time of not less than 14 days stated in the notice, the additional documents or information the chief executive considers necessary to decide whether to register the training contract.\nThe chief executive may refuse to decide whether to register the training contract until the parties supply the requested documents or information.\nThe chief executive may register the training contract only if—\nthe contract is in the approved form; and\nif the chief executive has requested documents or information under subsection (3) —the employer has supplied the documents or information; and\nthe employer is not a prohibited employer whose employment of the apprentice or trainee contravenes the declaration of the employer under section 59 ; and\nif the employer is actively employing 25 or more apprentices and trainees under a hosting arrangement—the employer is a group training organisation or principal employer organisation; and\nthe apprentice or trainee is not prohibited under an Act or law from undertaking paid employment; and\nan apprentice or trainee who holds a visa that prohibits him or her from working while in Australia.\na registered training organisation has—\naccepted the nomination to be the supervising registered training organisation for the apprentice or trainee; and\nundertaken to prepare a training plan, including an employer resource assessment; and\nif the apprentice or trainee is a school student—the chief executive is satisfied it is appropriate in all the circumstances for the training contract to be registered.\nFor subsection (5) (g) , in deciding whether it is appropriate to register the training contract, the chief executive must have regard to the following—\nthe age and year of schooling of the student;\nwhether the student’s school supports the contract;\nother matters that may be relevant for deciding whether the training contract is suitable for the student.\nIn subsection (6) (b) , a reference to the student’s school is, for a student registered for home education under the Education (General Provisions) Act 2006 , a reference to the chief executive of the department administering that Act.\nIf the chief executive registers the training contract, the chief executive must give the parties to the contract written notice that the contract is registered.\nIf the chief executive refuses to register the training contract, the chief executive must give each party written notice of the decision, including the reasons for the decision.\nIf the chief executive refuses to register the training contract, the contract and the apprenticeship or traineeship to which it relates end on—\nthe day stated in the written notice of the decision as the day the decision has effect; or\nan earlier day agreed to by the parties.\nIn this section—\nhome education has the meaning given in the Education (General Provisions) Act 2006 , section 205 .\ns 17 amd 2019 No. 33 s 4\n(sec.17-ssec.1) This section applies if the chief executive or a person authorised to accept training contracts receives a signed training contract from an employer under section 16 .\n(sec.17-ssec.2) The chief executive must decide whether to register or refuse to register the training contract.\n(sec.17-ssec.3) The chief executive may, by written notice, request the employer to give, within the reasonable time of not less than 14 days stated in the notice, the additional documents or information the chief executive considers necessary to decide whether to register the training contract.\n(sec.17-ssec.4) The chief executive may refuse to decide whether to register the training contract until the parties supply the requested documents or information.\n(sec.17-ssec.5) The chief executive may register the training contract only if— the contract is in the approved form; and if the chief executive has requested documents or information under subsection (3) —the employer has supplied the documents or information; and the employer is not a prohibited employer whose employment of the apprentice or trainee contravenes the declaration of the employer under section 59 ; and if the employer is actively employing 25 or more apprentices and trainees under a hosting arrangement—the employer is a group training organisation or principal employer organisation; and the apprentice or trainee is not prohibited under an Act or law from undertaking paid employment; and an apprentice or trainee who holds a visa that prohibits him or her from working while in Australia. a registered training organisation has— accepted the nomination to be the supervising registered training organisation for the apprentice or trainee; and undertaken to prepare a training plan, including an employer resource assessment; and if the apprentice or trainee is a school student—the chief executive is satisfied it is appropriate in all the circumstances for the training contract to be registered.\n(sec.17-ssec.6) For subsection (5) (g) , in deciding whether it is appropriate to register the training contract, the chief executive must have regard to the following— the age and year of schooling of the student; whether the student’s school supports the contract; other matters that may be relevant for deciding whether the training contract is suitable for the student.\n(sec.17-ssec.7) In subsection (6) (b) , a reference to the student’s school is, for a student registered for home education under the Education (General Provisions) Act 2006 , a reference to the chief executive of the department administering that Act.\n(sec.17-ssec.8) If the chief executive registers the training contract, the chief executive must give the parties to the contract written notice that the contract is registered.\n(sec.17-ssec.9) If the chief executive refuses to register the training contract, the chief executive must give each party written notice of the decision, including the reasons for the decision.\n(sec.17-ssec.10) If the chief executive refuses to register the training contract, the contract and the apprenticeship or traineeship to which it relates end on— the day stated in the written notice of the decision as the day the decision has effect; or an earlier day agreed to by the parties.\n(sec.17-ssec.11) In this section— home education has the meaning given in the Education (General Provisions) Act 2006 , section 205 .\n- (a) the contract is in the approved form; and\n- (b) if the chief executive has requested documents or information under subsection (3) —the employer has supplied the documents or information; and\n- (c) the employer is not a prohibited employer whose employment of the apprentice or trainee contravenes the declaration of the employer under section 59 ; and\n- (d) if the employer is actively employing 25 or more apprentices and trainees under a hosting arrangement—the employer is a group training organisation or principal employer organisation; and\n- (e) the apprentice or trainee is not prohibited under an Act or law from undertaking paid employment; and Example for paragraph (e) — an apprentice or trainee who holds a visa that prohibits him or her from working while in Australia.\n- (f) a registered training organisation has— (i) accepted the nomination to be the supervising registered training organisation for the apprentice or trainee; and (ii) undertaken to prepare a training plan, including an employer resource assessment; and\n- (i) accepted the nomination to be the supervising registered training organisation for the apprentice or trainee; and\n- (ii) undertaken to prepare a training plan, including an employer resource assessment; and\n- (g) if the apprentice or trainee is a school student—the chief executive is satisfied it is appropriate in all the circumstances for the training contract to be registered.\n- (i) accepted the nomination to be the supervising registered training organisation for the apprentice or trainee; and\n- (ii) undertaken to prepare a training plan, including an employer resource assessment; and\n- (a) the age and year of schooling of the student;\n- (b) whether the student’s school supports the contract;\n- (c) other matters that may be relevant for deciding whether the training contract is suitable for the student.\n- (a) the day stated in the written notice of the decision as the day the decision has effect; or\n- (b) an earlier day agreed to by the parties.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"False or misleading information in training contract","content":"### sec.18 False or misleading information in training contract\n\nA person must not state anything in a training contract that the person knows is false or misleading.\nMaximum penalty—50 penalty units.\nA person must not induce or coerce someone else to state anything in a training contract that the person knows is false or misleading.\nMaximum penalty—50 penalty units.\n(sec.18-ssec.1) A person must not state anything in a training contract that the person knows is false or misleading. Maximum penalty—50 penalty units.\n(sec.18-ssec.2) A person must not induce or coerce someone else to state anything in a training contract that the person knows is false or misleading. Maximum penalty—50 penalty units.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Premiums prohibited","content":"### sec.19 Premiums prohibited\n\nA person must not, either directly or indirectly, demand, accept, or agree to accept, from another person a premium for—\nemploying a person as an apprentice or trainee; or\ninducing, or attempting to induce, another person to employ a person as an apprentice or trainee; or\namending a registered training contract; or\ncancelling a registered training contract.\nMaximum penalty—50 penalty units.\nIf a person is convicted of an offence against subsection (1) , the court in which the person is convicted may order the person—\nto return the premium to the person who gave it; or\nto reimburse the person who gave the premium an amount equal to the value of the premium.\nSubsection (2) does not limit the court’s power to impose a penalty on the person convicted.\nAn order under subsection (2) —\nmay be filed in a court with jurisdiction to recover in an action for debt the amount payable under the order; and\non being filed, is taken to be an order of that court and may be enforced accordingly.\nIn this section—\npremium does not include a payment to a person in the form of a grant or incentive from a relevant entity for employing or training, or promoting the employment or training of, an apprentice or trainee.\nrelevant entity means—\nthe State; or\nthe Commonwealth; or\nan entity that pays a grant or incentive under a written agreement with the State or the Commonwealth; or\nan employer group, union or other industry body.\n(sec.19-ssec.1) A person must not, either directly or indirectly, demand, accept, or agree to accept, from another person a premium for— employing a person as an apprentice or trainee; or inducing, or attempting to induce, another person to employ a person as an apprentice or trainee; or amending a registered training contract; or cancelling a registered training contract. Maximum penalty—50 penalty units.\n(sec.19-ssec.2) If a person is convicted of an offence against subsection (1) , the court in which the person is convicted may order the person— to return the premium to the person who gave it; or to reimburse the person who gave the premium an amount equal to the value of the premium.\n(sec.19-ssec.3) Subsection (2) does not limit the court’s power to impose a penalty on the person convicted.\n(sec.19-ssec.4) An order under subsection (2) — may be filed in a court with jurisdiction to recover in an action for debt the amount payable under the order; and on being filed, is taken to be an order of that court and may be enforced accordingly.\n(sec.19-ssec.5) In this section— premium does not include a payment to a person in the form of a grant or incentive from a relevant entity for employing or training, or promoting the employment or training of, an apprentice or trainee. relevant entity means— the State; or the Commonwealth; or an entity that pays a grant or incentive under a written agreement with the State or the Commonwealth; or an employer group, union or other industry body.\n- (a) employing a person as an apprentice or trainee; or\n- (b) inducing, or attempting to induce, another person to employ a person as an apprentice or trainee; or\n- (c) amending a registered training contract; or\n- (d) cancelling a registered training contract.\n- (a) to return the premium to the person who gave it; or\n- (b) to reimburse the person who gave the premium an amount equal to the value of the premium.\n- (a) may be filed in a court with jurisdiction to recover in an action for debt the amount payable under the order; and\n- (b) on being filed, is taken to be an order of that court and may be enforced accordingly.\n- (a) the State; or\n- (b) the Commonwealth; or\n- (c) an entity that pays a grant or incentive under a written agreement with the State or the Commonwealth; or\n- (d) an employer group, union or other industry body.","sortOrder":25},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Amending registered training contract","content":"## Amending registered training contract","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Amending registered training contract","content":"### sec.20 Amending registered training contract\n\nExcept as provided for in sections 13 , 21 , 22 and 23 , a registered training contract may only be amended with the approval of the chief executive obtained under this section.\nThe parties to the registered training contract may apply to the chief executive for approval of an amendment to the contract.\nThe application must be in the approved form and state—\nthe proposed amendment; and\nthe reasons for the proposed amendment; and\nthat the proposed amendment is agreed to by the parties.\nIf the apprentice or trainee under the registered training contract is under 18 years, the application must also be signed by a parent of the person.\nHowever, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application.\nIt may be inappropriate for a parent to sign the application if the apprentice or trainee is living independently of his or her parents.\nThe chief executive may, by written notice, request the parties to give, within the reasonable time of not less than 14 days stated in the notice, the additional documents or information the chief executive considers necessary to decide the application.\nThe chief executive may refuse to consider the application until the parties give the documents or information requested under subsection (6) .\nThe chief executive—\nmust consider the application and any documents or information given as requested under subsection (6) ; and\nmay approve the proposed amendment or refuse to approve the proposed amendment.\nIf the chief executive decides to approve the proposed amendment, the chief executive must—\nupdate the records held by the department; and\ngive the parties a signed notice of the approval.\nIf the chief executive refuses to approve the amendment, the chief executive must give each party written notice of the decision, including the reasons for the decision.\n(sec.20-ssec.1) Except as provided for in sections 13 , 21 , 22 and 23 , a registered training contract may only be amended with the approval of the chief executive obtained under this section.\n(sec.20-ssec.2) The parties to the registered training contract may apply to the chief executive for approval of an amendment to the contract.\n(sec.20-ssec.3) The application must be in the approved form and state— the proposed amendment; and the reasons for the proposed amendment; and that the proposed amendment is agreed to by the parties.\n(sec.20-ssec.4) If the apprentice or trainee under the registered training contract is under 18 years, the application must also be signed by a parent of the person.\n(sec.20-ssec.5) However, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application. It may be inappropriate for a parent to sign the application if the apprentice or trainee is living independently of his or her parents.\n(sec.20-ssec.6) The chief executive may, by written notice, request the parties to give, within the reasonable time of not less than 14 days stated in the notice, the additional documents or information the chief executive considers necessary to decide the application.\n(sec.20-ssec.7) The chief executive may refuse to consider the application until the parties give the documents or information requested under subsection (6) .\n(sec.20-ssec.8) The chief executive— must consider the application and any documents or information given as requested under subsection (6) ; and may approve the proposed amendment or refuse to approve the proposed amendment.\n(sec.20-ssec.9) If the chief executive decides to approve the proposed amendment, the chief executive must— update the records held by the department; and give the parties a signed notice of the approval.\n(sec.20-ssec.10) If the chief executive refuses to approve the amendment, the chief executive must give each party written notice of the decision, including the reasons for the decision.\n- (a) the proposed amendment; and\n- (b) the reasons for the proposed amendment; and\n- (c) that the proposed amendment is agreed to by the parties.\n- (a) must consider the application and any documents or information given as requested under subsection (6) ; and\n- (b) may approve the proposed amendment or refuse to approve the proposed amendment.\n- (a) update the records held by the department; and\n- (b) give the parties a signed notice of the approval.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Minor amendment of registered training contract","content":"### sec.21 Minor amendment of registered training contract\n\nA party to a registered training contract may give notice of a minor amendment of the contract to—\nthe other party to the contract; and\neither—\nthe chief executive; or\na person authorised by the chief executive to accept the notice.\nThe notice may be given orally or in writing.\nOn receiving the notice, the chief executive or authorised person may approve the amendment and update the department’s records to include it if the chief executive or authorised person is satisfied the amendment is appropriate.\nThe chief executive or authorised person may request further information before deciding whether to approve the amendment.\nThe amendment takes effect when the department’s records are updated.\nThe chief executive must publish on the department’s website the names and addresses of persons authorised to accept notices under this section.\nIn this section—\nminor amendment , of a registered training contract, means an amendment of the contract that does not alter its substance or effect.\na party changes the party’s name or address\na correction of a typographical error in a party’s name or address\n(sec.21-ssec.1) A party to a registered training contract may give notice of a minor amendment of the contract to— the other party to the contract; and either— the chief executive; or a person authorised by the chief executive to accept the notice.\n(sec.21-ssec.2) The notice may be given orally or in writing.\n(sec.21-ssec.3) On receiving the notice, the chief executive or authorised person may approve the amendment and update the department’s records to include it if the chief executive or authorised person is satisfied the amendment is appropriate.\n(sec.21-ssec.4) The chief executive or authorised person may request further information before deciding whether to approve the amendment.\n(sec.21-ssec.5) The amendment takes effect when the department’s records are updated.\n(sec.21-ssec.6) The chief executive must publish on the department’s website the names and addresses of persons authorised to accept notices under this section.\n(sec.21-ssec.7) In this section— minor amendment , of a registered training contract, means an amendment of the contract that does not alter its substance or effect. a party changes the party’s name or address a correction of a typographical error in a party’s name or address\n- (a) the other party to the contract; and\n- (b) either— (i) the chief executive; or (ii) a person authorised by the chief executive to accept the notice.\n- (i) the chief executive; or\n- (ii) a person authorised by the chief executive to accept the notice.\n- (i) the chief executive; or\n- (ii) a person authorised by the chief executive to accept the notice.\n- • a party changes the party’s name or address\n- • a correction of a typographical error in a party’s name or address","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"When chief executive may amend registered training contract without application by the parties","content":"### sec.22 When chief executive may amend registered training contract without application by the parties\n\nThe chief executive may amend a registered training contract without an application by the parties to the contract if the chief executive considers the amendment is necessary to update matters that are no longer correct because of changed circumstances.\nan apprentice who started his or her apprenticeship while at school continues the apprenticeship after leaving school\nthe name of a qualification changes because of an update to a national training package\nthe supervising registered training organisation for the apprentice or trainee changes and it is not reasonably practical for the parties to the registered training contract to give the chief executive notice of the change\nthe legal entity that is the employer changes for many registered training contracts\nThe chief executive must update the department’s records to include the amendment.\nThe amendment takes effect when the records are updated.\nThe chief executive does not have to give notice of the amendment to the parties.\n(sec.22-ssec.1) The chief executive may amend a registered training contract without an application by the parties to the contract if the chief executive considers the amendment is necessary to update matters that are no longer correct because of changed circumstances. an apprentice who started his or her apprenticeship while at school continues the apprenticeship after leaving school the name of a qualification changes because of an update to a national training package the supervising registered training organisation for the apprentice or trainee changes and it is not reasonably practical for the parties to the registered training contract to give the chief executive notice of the change the legal entity that is the employer changes for many registered training contracts\n(sec.22-ssec.2) The chief executive must update the department’s records to include the amendment.\n(sec.22-ssec.3) The amendment takes effect when the records are updated.\n(sec.22-ssec.4) The chief executive does not have to give notice of the amendment to the parties.\n- • an apprentice who started his or her apprenticeship while at school continues the apprenticeship after leaving school\n- • the name of a qualification changes because of an update to a national training package\n- • the supervising registered training organisation for the apprentice or trainee changes and it is not reasonably practical for the parties to the registered training contract to give the chief executive notice of the change\n- • the legal entity that is the employer changes for many registered training contracts","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Application for extension of nominal term of registered training contract","content":"### sec.23 Application for extension of nominal term of registered training contract\n\nThis section applies if the nominal term of a registered training contract is to end before the apprentice or trainee who is a party to the contract completes the apprenticeship or traineeship.\nThe parties and the supervising registered training organisation for the apprentice or trainee may apply to the chief executive to extend the nominal term.\nThe application must be in the approved form and state—\nthat each applicant agrees to an extension of the registered training contract; and\nthe reasons for the requested extension.\nIf the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\nHowever, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application.\nOn receiving the application, the chief executive may approve or refuse to approve the application.\nDespite subsection (6) , the chief executive may approve an application made after the end of the nominal term only if the chief executive is satisfied it is appropriate to do so in all the circumstances.\nIf the chief executive approves the application, the chief executive must give notice to the parties and the supervising registered training organisation that the nominal term has been extended.\nIf the chief executive refuses to approve the application, the chief executive must give the parties and the supervising registered training organisation written notice of the decision, including the reasons for the decision.\nIf the nominal term of a training contract is extended, the contract is taken to be similarly extended.\nIf the chief executive approves an application after the end of the nominal term, the training contract and training plan are taken to have continued in force until the approval.\ns 23 amd 2019 No. 33 s 5\n(sec.23-ssec.1) This section applies if the nominal term of a registered training contract is to end before the apprentice or trainee who is a party to the contract completes the apprenticeship or traineeship.\n(sec.23-ssec.2) The parties and the supervising registered training organisation for the apprentice or trainee may apply to the chief executive to extend the nominal term.\n(sec.23-ssec.3) The application must be in the approved form and state— that each applicant agrees to an extension of the registered training contract; and the reasons for the requested extension.\n(sec.23-ssec.4) If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\n(sec.23-ssec.5) However, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application.\n(sec.23-ssec.6) On receiving the application, the chief executive may approve or refuse to approve the application.\n(sec.23-ssec.7) Despite subsection (6) , the chief executive may approve an application made after the end of the nominal term only if the chief executive is satisfied it is appropriate to do so in all the circumstances.\n(sec.23-ssec.8) If the chief executive approves the application, the chief executive must give notice to the parties and the supervising registered training organisation that the nominal term has been extended.\n(sec.23-ssec.9) If the chief executive refuses to approve the application, the chief executive must give the parties and the supervising registered training organisation written notice of the decision, including the reasons for the decision.\n(sec.23-ssec.10) If the nominal term of a training contract is extended, the contract is taken to be similarly extended.\n(sec.23-ssec.11) If the chief executive approves an application after the end of the nominal term, the training contract and training plan are taken to have continued in force until the approval.\n- (a) that each applicant agrees to an extension of the registered training contract; and\n- (b) the reasons for the requested extension.","sortOrder":30},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"Transfer of registered training contract","content":"## Transfer of registered training contract","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Temporary transfer of registered training contract","content":"### sec.24 Temporary transfer of registered training contract\n\nThe parties to a registered training contract may agree to temporarily transfer the contract to a new employer for a period not exceeding 1 year that ends before the nominal term of the contract is to end.\nThe employer under the registered training contract must, within 7 days after the day the transfer takes effect, give the chief executive notice that complies with subsection (3) .\nMaximum penalty—40 penalty units.\nThe notice must—\nbe in the approved form; and\nstate—\nthe name of the new employer; and\nthe day the transfer took effect; and\nthe period of the transfer; and\nthat the transfer is agreed to by each of the parties to the registered training contract; and\nbe signed by—\neach of the parties; and\nthe new employer; and\nif the apprentice or trainee is under 18 years—the parent of the apprentice or trainee.\nHowever, subsection (3) (c) (iii) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice.\nIt may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents.\n(sec.24-ssec.1) The parties to a registered training contract may agree to temporarily transfer the contract to a new employer for a period not exceeding 1 year that ends before the nominal term of the contract is to end.\n(sec.24-ssec.2) The employer under the registered training contract must, within 7 days after the day the transfer takes effect, give the chief executive notice that complies with subsection (3) . Maximum penalty—40 penalty units.\n(sec.24-ssec.3) The notice must— be in the approved form; and state— the name of the new employer; and the day the transfer took effect; and the period of the transfer; and that the transfer is agreed to by each of the parties to the registered training contract; and be signed by— each of the parties; and the new employer; and if the apprentice or trainee is under 18 years—the parent of the apprentice or trainee.\n(sec.24-ssec.4) However, subsection (3) (c) (iii) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice. It may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents.\n- (a) be in the approved form; and\n- (b) state— (i) the name of the new employer; and (ii) the day the transfer took effect; and (iii) the period of the transfer; and (iv) that the transfer is agreed to by each of the parties to the registered training contract; and\n- (i) the name of the new employer; and\n- (ii) the day the transfer took effect; and\n- (iii) the period of the transfer; and\n- (iv) that the transfer is agreed to by each of the parties to the registered training contract; and\n- (c) be signed by— (i) each of the parties; and (ii) the new employer; and (iii) if the apprentice or trainee is under 18 years—the parent of the apprentice or trainee.\n- (i) each of the parties; and\n- (ii) the new employer; and\n- (iii) if the apprentice or trainee is under 18 years—the parent of the apprentice or trainee.\n- (i) the name of the new employer; and\n- (ii) the day the transfer took effect; and\n- (iii) the period of the transfer; and\n- (iv) that the transfer is agreed to by each of the parties to the registered training contract; and\n- (i) each of the parties; and\n- (ii) the new employer; and\n- (iii) if the apprentice or trainee is under 18 years—the parent of the apprentice or trainee.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Transferring employer must notify supervising registered training organisation of temporary transfer of registered training contract","content":"### sec.25 Transferring employer must notify supervising registered training organisation of temporary transfer of registered training contract\n\nThis section applies if a registered training contract is temporarily transferred to a new employer under section 24 .\nThe transferring employer must notify the supervising registered training organisation for the apprentice or trainee within 7 days after the day the transfer takes effect.\nMaximum penalty—40 penalty units.\n(sec.25-ssec.1) This section applies if a registered training contract is temporarily transferred to a new employer under section 24 .\n(sec.25-ssec.2) The transferring employer must notify the supervising registered training organisation for the apprentice or trainee within 7 days after the day the transfer takes effect. Maximum penalty—40 penalty units.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application for permanent transfer of registered training contract","content":"### sec.26 Application for permanent transfer of registered training contract\n\nThe following may apply to the chief executive for a registered training contract to be permanently transferred to a new employer—\nall parties to the contract and the proposed new employer;\nthe apprentice or trainee under the contract and the proposed new employer.\nThe application must be in the approved form and state the following information—\nthe name of the proposed new employer;\nthe proposed day for the transfer;\nthat the proposed transfer is agreed to by each of the applicants;\nthe reasons for the proposed transfer.\nIf the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\nHowever, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\nIt may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.\n(sec.26-ssec.1) The following may apply to the chief executive for a registered training contract to be permanently transferred to a new employer— all parties to the contract and the proposed new employer; the apprentice or trainee under the contract and the proposed new employer.\n(sec.26-ssec.2) The application must be in the approved form and state the following information— the name of the proposed new employer; the proposed day for the transfer; that the proposed transfer is agreed to by each of the applicants; the reasons for the proposed transfer.\n(sec.26-ssec.3) If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\n(sec.26-ssec.4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.\n- (a) all parties to the contract and the proposed new employer;\n- (b) the apprentice or trainee under the contract and the proposed new employer.\n- (a) the name of the proposed new employer;\n- (b) the proposed day for the transfer;\n- (c) that the proposed transfer is agreed to by each of the applicants;\n- (d) the reasons for the proposed transfer.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Procedure for deciding application if application by all parties to registered training contract and proposed new employer","content":"### sec.27 Procedure for deciding application if application by all parties to registered training contract and proposed new employer\n\nThis section applies if an application for the permanent transfer of a registered training contract is made under section 26 by all parties to the contract and the proposed new employer.\nThe chief executive must decide the application within 28 days of receiving it.\nThe chief executive may grant the application only if satisfied the criteria mentioned in section 17 (5) (c) to (g) are satisfied.\nFor subsection (3) , section 17 (5) (c) to (g) applies with any necessary modifications and as if a reference to registration of the contract were a reference to approval of the application.\nIf the chief executive approves the application, the chief executive must advise the applicants—\nthat the transfer has been approved; and\nof the date from which the transfer takes effect.\nIf the chief executive refuses the application, the chief executive must give each of the applicants written notice of the decision, including the reasons for the decision.\n(sec.27-ssec.1) This section applies if an application for the permanent transfer of a registered training contract is made under section 26 by all parties to the contract and the proposed new employer.\n(sec.27-ssec.2) The chief executive must decide the application within 28 days of receiving it.\n(sec.27-ssec.3) The chief executive may grant the application only if satisfied the criteria mentioned in section 17 (5) (c) to (g) are satisfied.\n(sec.27-ssec.4) For subsection (3) , section 17 (5) (c) to (g) applies with any necessary modifications and as if a reference to registration of the contract were a reference to approval of the application.\n(sec.27-ssec.5) If the chief executive approves the application, the chief executive must advise the applicants— that the transfer has been approved; and of the date from which the transfer takes effect.\n(sec.27-ssec.6) If the chief executive refuses the application, the chief executive must give each of the applicants written notice of the decision, including the reasons for the decision.\n- (a) that the transfer has been approved; and\n- (b) of the date from which the transfer takes effect.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Procedure for deciding application if application only by apprentice or trainee and proposed new employer","content":"### sec.28 Procedure for deciding application if application only by apprentice or trainee and proposed new employer\n\nThis section applies if an application for the permanent transfer of a registered training contract is made under section 26 only by the apprentice or trainee and the proposed new employer.\nThe chief executive must give the current employer notice of the application stating that the employer may object in writing to the transfer within 14 days of receiving the notice.\nThe chief executive must decide the application within 28 days of receiving it.\nIn deciding the application the chief executive—\nmust have regard to any objection received from the current employer; and\nmay grant the application only if satisfied the criteria mentioned in section 17 (5) (c) to (g) are satisfied.\nFor subsection (4) (b) , section 17 (5) (c) to (g) applies with any necessary modifications and as if a reference to registration of the contract were a reference to approval of the application.\nIf the chief executive approves the application, the chief executive must advise each of the applicants and the current employer—\nthat the transfer has been approved; and\nof the date on which the transfer takes effect.\nIf the chief executive refuses the application, the chief executive must—\nadvise the current employer of the decision; and\ngive each of the applicants written notice of the decision, including the reasons for the decision.\nIn this section—\ncurrent employer means the employer who is a party to the registered training contract.\n(sec.28-ssec.1) This section applies if an application for the permanent transfer of a registered training contract is made under section 26 only by the apprentice or trainee and the proposed new employer.\n(sec.28-ssec.2) The chief executive must give the current employer notice of the application stating that the employer may object in writing to the transfer within 14 days of receiving the notice.\n(sec.28-ssec.3) The chief executive must decide the application within 28 days of receiving it.\n(sec.28-ssec.4) In deciding the application the chief executive— must have regard to any objection received from the current employer; and may grant the application only if satisfied the criteria mentioned in section 17 (5) (c) to (g) are satisfied.\n(sec.28-ssec.5) For subsection (4) (b) , section 17 (5) (c) to (g) applies with any necessary modifications and as if a reference to registration of the contract were a reference to approval of the application.\n(sec.28-ssec.6) If the chief executive approves the application, the chief executive must advise each of the applicants and the current employer— that the transfer has been approved; and of the date on which the transfer takes effect.\n(sec.28-ssec.7) If the chief executive refuses the application, the chief executive must— advise the current employer of the decision; and give each of the applicants written notice of the decision, including the reasons for the decision.\n(sec.28-ssec.8) In this section— current employer means the employer who is a party to the registered training contract.\n- (a) must have regard to any objection received from the current employer; and\n- (b) may grant the application only if satisfied the criteria mentioned in section 17 (5) (c) to (g) are satisfied.\n- (a) that the transfer has been approved; and\n- (b) of the date on which the transfer takes effect.\n- (a) advise the current employer of the decision; and\n- (b) give each of the applicants written notice of the decision, including the reasons for the decision.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Statutory transfer or cancellation of registered training contract","content":"### sec.29 Statutory transfer or cancellation of registered training contract\n\nThis section applies if an event mentioned in section 58 (1) (a) happens.\nThe registered training contract is taken to have been transferred by the employer who is a party to the contract to the purchaser of the employer’s business on the day agreed between the employer and the purchaser.\nHowever, subsection (2) does not apply if the purchaser gives the chief executive written notice, before the sale or disposal of the business takes effect, that the purchaser does not want the registered training contract to be transferred under subsection (2) .\nNotice under subsection (3) relates only to the registered training contract and not to the employment by the purchaser of the apprentice or trainee under the contract.\nIf the purchaser gives the chief executive notice under subsection (3) , the registered training contract is cancelled and the chief executive must give the apprentice or trainee written notice of the cancellation.\nIf an event mentioned in section 58 (1) (b) happens—\nif the business of the dissolved partnership is continued by 1 person who was a partner of the dissolved partnership—the registered training contract is taken to be assigned to the person when the winding-up of the affairs of the dissolved partnership is complete; or\nif the business of the dissolved partnership is continued by 2 or more persons who were partners of the dissolved partnership under a new partnership—the registered training contract is taken to be assigned to the persons when the new partnership begins; or\nif neither paragraph (a) nor (b) applies—the registered training contract is cancelled.\n(sec.29-ssec.1) This section applies if an event mentioned in section 58 (1) (a) happens.\n(sec.29-ssec.2) The registered training contract is taken to have been transferred by the employer who is a party to the contract to the purchaser of the employer’s business on the day agreed between the employer and the purchaser.\n(sec.29-ssec.3) However, subsection (2) does not apply if the purchaser gives the chief executive written notice, before the sale or disposal of the business takes effect, that the purchaser does not want the registered training contract to be transferred under subsection (2) .\n(sec.29-ssec.4) Notice under subsection (3) relates only to the registered training contract and not to the employment by the purchaser of the apprentice or trainee under the contract.\n(sec.29-ssec.5) If the purchaser gives the chief executive notice under subsection (3) , the registered training contract is cancelled and the chief executive must give the apprentice or trainee written notice of the cancellation.\n(sec.29-ssec.6) If an event mentioned in section 58 (1) (b) happens— if the business of the dissolved partnership is continued by 1 person who was a partner of the dissolved partnership—the registered training contract is taken to be assigned to the person when the winding-up of the affairs of the dissolved partnership is complete; or if the business of the dissolved partnership is continued by 2 or more persons who were partners of the dissolved partnership under a new partnership—the registered training contract is taken to be assigned to the persons when the new partnership begins; or if neither paragraph (a) nor (b) applies—the registered training contract is cancelled.\n- (a) if the business of the dissolved partnership is continued by 1 person who was a partner of the dissolved partnership—the registered training contract is taken to be assigned to the person when the winding-up of the affairs of the dissolved partnership is complete; or\n- (b) if the business of the dissolved partnership is continued by 2 or more persons who were partners of the dissolved partnership under a new partnership—the registered training contract is taken to be assigned to the persons when the new partnership begins; or\n- (c) if neither paragraph (a) nor (b) applies—the registered training contract is cancelled.","sortOrder":37},{"sectionNumber":"ch.2-pt.2-div.5","sectionType":"division","heading":"Suspension of registered training contracts","content":"## Suspension of registered training contracts","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Application for suspension of registered training contract by the parties to the contract","content":"### sec.30 Application for suspension of registered training contract by the parties to the contract\n\nThe parties to a registered training contract may apply to the chief executive to suspend the contract for a period not exceeding 1 year.\nThe application must be in the approved form and must state the following—\nthe reasons for the proposed suspension;\nthe period of the proposed suspension;\nthe day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive;\nthat the proposed suspension is agreed to by each of the parties to the registered training contract.\nIf the apprentice or trainee under the registered training contract is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\nHowever, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\nIt may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.\n(sec.30-ssec.1) The parties to a registered training contract may apply to the chief executive to suspend the contract for a period not exceeding 1 year.\n(sec.30-ssec.2) The application must be in the approved form and must state the following— the reasons for the proposed suspension; the period of the proposed suspension; the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive; that the proposed suspension is agreed to by each of the parties to the registered training contract.\n(sec.30-ssec.3) If the apprentice or trainee under the registered training contract is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\n(sec.30-ssec.4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.\n- (a) the reasons for the proposed suspension;\n- (b) the period of the proposed suspension;\n- (c) the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive;\n- (d) that the proposed suspension is agreed to by each of the parties to the registered training contract.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Applicant may withdraw consent to the application to suspend","content":"### sec.31 Applicant may withdraw consent to the application to suspend\n\nA party to a registered training contract may, by written notice, withdraw the party’s consent to an application under section 30 within 7 days after the application is given to the chief executive.\nIf the party is the apprentice or trainee under the registered training contract and is under 18 years, the notice must also be signed by a parent of the apprentice or trainee.\nHowever, subsection (2) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice.\nIt may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents.\nIf a party to a registered training contract withdraws the party’s consent under subsection (1) —\nthe application is taken to have been withdrawn; and\nthe chief executive must give all parties to the contract written notice stating—\nthe application has been withdrawn; and\nthe contract continues in force.\n(sec.31-ssec.1) A party to a registered training contract may, by written notice, withdraw the party’s consent to an application under section 30 within 7 days after the application is given to the chief executive.\n(sec.31-ssec.2) If the party is the apprentice or trainee under the registered training contract and is under 18 years, the notice must also be signed by a parent of the apprentice or trainee.\n(sec.31-ssec.3) However, subsection (2) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice. It may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents.\n(sec.31-ssec.4) If a party to a registered training contract withdraws the party’s consent under subsection (1) — the application is taken to have been withdrawn; and the chief executive must give all parties to the contract written notice stating— the application has been withdrawn; and the contract continues in force.\n- (a) the application is taken to have been withdrawn; and\n- (b) the chief executive must give all parties to the contract written notice stating— (i) the application has been withdrawn; and (ii) the contract continues in force.\n- (i) the application has been withdrawn; and\n- (ii) the contract continues in force.\n- (i) the application has been withdrawn; and\n- (ii) the contract continues in force.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Suspension if consent not withdrawn","content":"### sec.32 Suspension if consent not withdrawn\n\nThis section applies if—\nan application is made under section 30 to suspend a registered training contract; and\nsection 31 does not apply.\nThe registered training contract is suspended—\nfrom the day stated in the application; and\nfor the period stated in the application.\nThe chief executive must give the parties to the registered training contract written notice of the suspension.\n(sec.32-ssec.1) This section applies if— an application is made under section 30 to suspend a registered training contract; and section 31 does not apply.\n(sec.32-ssec.2) The registered training contract is suspended— from the day stated in the application; and for the period stated in the application.\n(sec.32-ssec.3) The chief executive must give the parties to the registered training contract written notice of the suspension.\n- (a) an application is made under section 30 to suspend a registered training contract; and\n- (b) section 31 does not apply.\n- (a) from the day stated in the application; and\n- (b) for the period stated in the application.","sortOrder":41},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Application for suspension of registered training contract by one party to the contract","content":"### sec.32A Application for suspension of registered training contract by one party to the contract\n\nA party to a registered training contract may apply to the chief executive to suspend the contract for a period not exceeding 1 year if the party reasonably believes that the other party to the contract can not, under section 30 , agree to a proposed suspension.\nThe application must be in the approved form and state the following—\nthe reasons for the proposed suspension, including why the applicant believes the other party can not agree to the suspension;\nthe period of the proposed suspension;\nthe day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive.\nIf the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\nHowever, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\ns 32A ins 2019 No. 33 s 7\n(sec.32A-ssec.1) A party to a registered training contract may apply to the chief executive to suspend the contract for a period not exceeding 1 year if the party reasonably believes that the other party to the contract can not, under section 30 , agree to a proposed suspension.\n(sec.32A-ssec.2) The application must be in the approved form and state the following— the reasons for the proposed suspension, including why the applicant believes the other party can not agree to the suspension; the period of the proposed suspension; the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive.\n(sec.32A-ssec.3) If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\n(sec.32A-ssec.4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\n- (a) the reasons for the proposed suspension, including why the applicant believes the other party can not agree to the suspension;\n- (b) the period of the proposed suspension;\n- (c) the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive.","sortOrder":42},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.32B Chief executive may request further information\n\nWithin 21 days after receiving the application, the chief executive may give the applicant a written notice asking for further information the chief executive reasonably requires to decide the application.\nThe notice must state a reasonable period, of at least 14 days after the day the notice is given, for the applicant to comply with the notice.\nThe chief executive must consider any information given by the applicant within the period stated in the notice.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the notice.\ns 32B ins 2019 No. 33 s 7\n(sec.32B-ssec.1) Within 21 days after receiving the application, the chief executive may give the applicant a written notice asking for further information the chief executive reasonably requires to decide the application.\n(sec.32B-ssec.2) The notice must state a reasonable period, of at least 14 days after the day the notice is given, for the applicant to comply with the notice.\n(sec.32B-ssec.3) The chief executive must consider any information given by the applicant within the period stated in the notice.\n(sec.32B-ssec.4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.","sortOrder":43},{"sectionNumber":"sec.32C","sectionType":"section","heading":"Show cause notice before suspension of registered training contract","content":"### sec.32C Show cause notice before suspension of registered training contract\n\nThe chief executive must give each party to the registered training contract a notice (a show cause notice ) stating the following—\nthat an application has been made under section 32A ;\nthe reasons stated in the application for the proposed suspension;\nif the chief executive proposes to suspend the contract—\nthe period of the proposed suspension; and\nthe day the proposed suspension is to take effect;\nif the chief executive proposes not to suspend the contract—the reasons for the decision;\nthat the party may, within 14 days after the show cause notice is given, give the chief executive a written response to the proposed suspension.\nAlso, if the apprentice or trainee is under 18 years, the chief executive must give the show cause notice to the parent of the apprentice or trainee.\nHowever, subsection (1) does not apply if the chief executive reasonably considers it is not practicable to give a show cause notice to the party.\nAlso, subsection (2) does not apply if it would be inappropriate in all the circumstances for the chief executive to give the show cause notice to the parent of the apprentice or trainee.\ns 32C ins 2019 No. 33 s 7\n(sec.32C-ssec.1) The chief executive must give each party to the registered training contract a notice (a show cause notice ) stating the following— that an application has been made under section 32A ; the reasons stated in the application for the proposed suspension; if the chief executive proposes to suspend the contract— the period of the proposed suspension; and the day the proposed suspension is to take effect; if the chief executive proposes not to suspend the contract—the reasons for the decision; that the party may, within 14 days after the show cause notice is given, give the chief executive a written response to the proposed suspension.\n(sec.32C-ssec.2) Also, if the apprentice or trainee is under 18 years, the chief executive must give the show cause notice to the parent of the apprentice or trainee.\n(sec.32C-ssec.3) However, subsection (1) does not apply if the chief executive reasonably considers it is not practicable to give a show cause notice to the party.\n(sec.32C-ssec.4) Also, subsection (2) does not apply if it would be inappropriate in all the circumstances for the chief executive to give the show cause notice to the parent of the apprentice or trainee.\n- (a) that an application has been made under section 32A ;\n- (b) the reasons stated in the application for the proposed suspension;\n- (c) if the chief executive proposes to suspend the contract— (i) the period of the proposed suspension; and (ii) the day the proposed suspension is to take effect;\n- (i) the period of the proposed suspension; and\n- (ii) the day the proposed suspension is to take effect;\n- (d) if the chief executive proposes not to suspend the contract—the reasons for the decision;\n- (e) that the party may, within 14 days after the show cause notice is given, give the chief executive a written response to the proposed suspension.\n- (i) the period of the proposed suspension; and\n- (ii) the day the proposed suspension is to take effect;","sortOrder":44},{"sectionNumber":"sec.32D","sectionType":"section","heading":"Decision about suspension","content":"### sec.32D Decision about suspension\n\nAfter having regard to the reasons stated in the application and, if a show cause notice was given, any written responses to the notice made under section 32C (1) (e) , the chief executive must decide—\nif satisfied that a party can not perform the party’s obligations under the training contract—to suspend the contract; or\notherwise—not to suspend the contract.\nThe chief executive must give each party an information notice about the decision.\nIf the chief executive decides to suspend the training contract the information notice must state—\nthe period of the suspension; and\nthe day the suspension takes effect.\ns 32D ins 2019 No. 33 s 7\n(sec.32D-ssec.1) After having regard to the reasons stated in the application and, if a show cause notice was given, any written responses to the notice made under section 32C (1) (e) , the chief executive must decide— if satisfied that a party can not perform the party’s obligations under the training contract—to suspend the contract; or otherwise—not to suspend the contract.\n(sec.32D-ssec.2) The chief executive must give each party an information notice about the decision.\n(sec.32D-ssec.3) If the chief executive decides to suspend the training contract the information notice must state— the period of the suspension; and the day the suspension takes effect.\n- (a) if satisfied that a party can not perform the party’s obligations under the training contract—to suspend the contract; or\n- (b) otherwise—not to suspend the contract.\n- (a) the period of the suspension; and\n- (b) the day the suspension takes effect.","sortOrder":45},{"sectionNumber":"ch.2-pt.2-div.5A","sectionType":"division","heading":"Application for temporary suspension by employer and stand down of employment","content":"## Application for temporary suspension by employer and stand down of employment","sortOrder":46},{"sectionNumber":"sec.32E","sectionType":"section","heading":"Application for temporary suspension of registered training contract","content":"### sec.32E Application for temporary suspension of registered training contract\n\nThis section applies if an employer of an apprentice or trainee temporarily can not provide the training stated in the training plan for the apprentice or trainee.\nThe employer may apply to the chief executive for approval to temporarily suspend the registered training contract for a period of no more than 30 days.\nThe application must be in the approved form and state—\nthe reasons for the proposed temporary suspension; and\nthe period of the proposed temporary suspension.\nThe employer must give a copy of the application to the employer’s apprentice or trainee inviting the apprentice or trainee to make a submission to the chief executive, within 5 days, in relation to the proposed temporary suspension.\ns 32E ins 2019 No. 33 s 8\n(sec.32E-ssec.1) This section applies if an employer of an apprentice or trainee temporarily can not provide the training stated in the training plan for the apprentice or trainee.\n(sec.32E-ssec.2) The employer may apply to the chief executive for approval to temporarily suspend the registered training contract for a period of no more than 30 days.\n(sec.32E-ssec.3) The application must be in the approved form and state— the reasons for the proposed temporary suspension; and the period of the proposed temporary suspension.\n(sec.32E-ssec.4) The employer must give a copy of the application to the employer’s apprentice or trainee inviting the apprentice or trainee to make a submission to the chief executive, within 5 days, in relation to the proposed temporary suspension.\n- (a) the reasons for the proposed temporary suspension; and\n- (b) the period of the proposed temporary suspension.","sortOrder":47},{"sectionNumber":"sec.32F","sectionType":"section","heading":"Decision about temporary suspension","content":"### sec.32F Decision about temporary suspension\n\nWithin 7 days after receiving the application, the chief executive must decide the application.\nAfter having regard to the reasons stated in the application and any submissions made under section 32E (4) , the chief executive must decide—\nif satisfied the employer can not provide the training to the apprentice or trainee under the training contract—to approve the application; or\notherwise—not to approve the application.\nThe chief executive must give each party an information notice about the decision.\nIf the chief executive approves the application, the information notice must state the following—\nthe maximum period, of not more than 30 days, over which the training contract may be suspended;\nthe time during the maximum period, or a part of the period, the employer may stand down the apprentice or trainee;\nthe day the period starts.\nIf the training contract is temporarily suspended, the employer may stand down the apprentice or trainee unless the employer and the apprentice or trainee otherwise agree.\nThe employer may stand down the apprentice or trainee without pay under this section only in accordance with the information notice from the chief executive.\ns 32F ins 2019 No. 33 s 8\n(sec.32F-ssec.1) Within 7 days after receiving the application, the chief executive must decide the application.\n(sec.32F-ssec.2) After having regard to the reasons stated in the application and any submissions made under section 32E (4) , the chief executive must decide— if satisfied the employer can not provide the training to the apprentice or trainee under the training contract—to approve the application; or otherwise—not to approve the application.\n(sec.32F-ssec.3) The chief executive must give each party an information notice about the decision.\n(sec.32F-ssec.4) If the chief executive approves the application, the information notice must state the following— the maximum period, of not more than 30 days, over which the training contract may be suspended; the time during the maximum period, or a part of the period, the employer may stand down the apprentice or trainee; the day the period starts.\n(sec.32F-ssec.5) If the training contract is temporarily suspended, the employer may stand down the apprentice or trainee unless the employer and the apprentice or trainee otherwise agree.\n(sec.32F-ssec.6) The employer may stand down the apprentice or trainee without pay under this section only in accordance with the information notice from the chief executive.\n- (a) if satisfied the employer can not provide the training to the apprentice or trainee under the training contract—to approve the application; or\n- (b) otherwise—not to approve the application.\n- (a) the maximum period, of not more than 30 days, over which the training contract may be suspended;\n- (b) the time during the maximum period, or a part of the period, the employer may stand down the apprentice or trainee;\n- (c) the day the period starts.","sortOrder":48},{"sectionNumber":"ch.2-pt.2-div.6","sectionType":"division","heading":"Cancellation of registered training contracts","content":"## Cancellation of registered training contracts","sortOrder":49},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application to cancel registered training contract by all parties","content":"### sec.33 Application to cancel registered training contract by all parties\n\nThe parties to a registered training contract may apply to the chief executive to cancel the contract.\nThe application must be in the approved form.\nIf the apprentice or trainee is under 18 years, the application must be signed by a parent of the apprentice or trainee.\nHowever, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application.\nIt may be inappropriate for a parent to sign the application if the apprentice or trainee is living independently of his or her parents.\n(sec.33-ssec.1) The parties to a registered training contract may apply to the chief executive to cancel the contract.\n(sec.33-ssec.2) The application must be in the approved form.\n(sec.33-ssec.3) If the apprentice or trainee is under 18 years, the application must be signed by a parent of the apprentice or trainee.\n(sec.33-ssec.4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application. It may be inappropriate for a parent to sign the application if the apprentice or trainee is living independently of his or her parents.","sortOrder":50},{"sectionNumber":"sec.34","sectionType":"section","heading":"Applicant may withdraw consent to the application to cancel","content":"### sec.34 Applicant may withdraw consent to the application to cancel\n\nA party to a registered training contract may, by written notice, withdraw the party’s consent to an application to cancel the contract within 7 days after the application is given to the chief executive.\nIf the party is the apprentice or trainee under the registered training contract and is under 18 years, the notice must also be signed by a parent of the apprentice or trainee.\nHowever, subsection (2) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice.\nIt may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents.\nIf a party to a registered training contract withdraws the party’s consent under subsection (1) —\nthe application is taken to have been withdrawn; and\nthe chief executive must give all parties to the contract written notice stating—\nthe application has been withdrawn; and\nthe contract continues in force.\n(sec.34-ssec.1) A party to a registered training contract may, by written notice, withdraw the party’s consent to an application to cancel the contract within 7 days after the application is given to the chief executive.\n(sec.34-ssec.2) If the party is the apprentice or trainee under the registered training contract and is under 18 years, the notice must also be signed by a parent of the apprentice or trainee.\n(sec.34-ssec.3) However, subsection (2) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice. It may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents.\n(sec.34-ssec.4) If a party to a registered training contract withdraws the party’s consent under subsection (1) — the application is taken to have been withdrawn; and the chief executive must give all parties to the contract written notice stating— the application has been withdrawn; and the contract continues in force.\n- (a) the application is taken to have been withdrawn; and\n- (b) the chief executive must give all parties to the contract written notice stating— (i) the application has been withdrawn; and (ii) the contract continues in force.\n- (i) the application has been withdrawn; and\n- (ii) the contract continues in force.\n- (i) the application has been withdrawn; and\n- (ii) the contract continues in force.","sortOrder":51},{"sectionNumber":"sec.35","sectionType":"section","heading":"Cancellation if consent not withdrawn","content":"### sec.35 Cancellation if consent not withdrawn\n\nThis section applies if—\nan application is made under section 33 to cancel a registered training contract; and\nsection 34 does not apply.\nThe registered training contract is cancelled on the day stated in the application.\nThe chief executive must give the parties to the registered training contract written notice of the cancellation.\n(sec.35-ssec.1) This section applies if— an application is made under section 33 to cancel a registered training contract; and section 34 does not apply.\n(sec.35-ssec.2) The registered training contract is cancelled on the day stated in the application.\n(sec.35-ssec.3) The chief executive must give the parties to the registered training contract written notice of the cancellation.\n- (a) an application is made under section 33 to cancel a registered training contract; and\n- (b) section 34 does not apply.","sortOrder":52},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Application to cancel registered training contract by one party","content":"### sec.35A Application to cancel registered training contract by one party\n\nA party to a registered training contract may apply to the chief executive to cancel the contract if the party believes—\nthe party can not successfully complete the party’s obligations under the contract; or\nthe other party can not successfully complete the other party’s obligations under the contract.\nThe application must be in writing and—\nmust state the following—\nthe reasons for the proposed cancellation;\nthe day the proposed cancellation is to take effect, being not less than 7 days after the application is given to the chief executive; and\nmay include material in support of the application.\ns 35A ins 2019 No. 33 s 10\n(sec.35A-ssec.1) A party to a registered training contract may apply to the chief executive to cancel the contract if the party believes— the party can not successfully complete the party’s obligations under the contract; or the other party can not successfully complete the other party’s obligations under the contract.\n(sec.35A-ssec.2) The application must be in writing and— must state the following— the reasons for the proposed cancellation; the day the proposed cancellation is to take effect, being not less than 7 days after the application is given to the chief executive; and may include material in support of the application.\n- (a) the party can not successfully complete the party’s obligations under the contract; or\n- (b) the other party can not successfully complete the other party’s obligations under the contract.\n- (a) must state the following— (i) the reasons for the proposed cancellation; (ii) the day the proposed cancellation is to take effect, being not less than 7 days after the application is given to the chief executive; and\n- (i) the reasons for the proposed cancellation;\n- (ii) the day the proposed cancellation is to take effect, being not less than 7 days after the application is given to the chief executive; and\n- (b) may include material in support of the application.\n- (i) the reasons for the proposed cancellation;\n- (ii) the day the proposed cancellation is to take effect, being not less than 7 days after the application is given to the chief executive; and","sortOrder":53},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.35B Chief executive may request further information\n\nWithin 21 days after receiving the application, the chief executive may give an applicant a written notice asking for further information the chief executive reasonably requires to decide the application.\nThe notice must state a reasonable period of at least 14 days after the day the notice is given for the applicant to comply with the notice.\nThe chief executive must consider any information given by the applicant within the period stated in the notice.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the notice.\ns 35B ins 2019 No. 33 s 10\n(sec.35B-ssec.1) Within 21 days after receiving the application, the chief executive may give an applicant a written notice asking for further information the chief executive reasonably requires to decide the application.\n(sec.35B-ssec.2) The notice must state a reasonable period of at least 14 days after the day the notice is given for the applicant to comply with the notice.\n(sec.35B-ssec.3) The chief executive must consider any information given by the applicant within the period stated in the notice.\n(sec.35B-ssec.4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.","sortOrder":54},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Show cause notice before deciding to cancel","content":"### sec.35C Show cause notice before deciding to cancel\n\nThe chief executive must give each party to the registered training contract a notice (a show cause notice ) stating the following—\nthat an application has been made under section 35A ;\nthe reasons, as stated in the application, for the proposed cancellation;\nif the chief executive proposes to cancel the contract—\nthe reasons for the decision; and\nthe day the cancellation takes effect;\nif the chief executive proposes not to cancel the contract—the reasons for the decision;\nthat the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\nAlso, if the apprentice or trainee is under 18 years, the chief executive must give the show cause notice to the parent of the apprentice or trainee.\nHowever, subsection (2) does not apply if it would be inappropriate in all the circumstances for the chief executive to give the show cause notice to the parent of the apprentice or trainee.\ns 35C ins 2019 No. 33 s 10\n(sec.35C-ssec.1) The chief executive must give each party to the registered training contract a notice (a show cause notice ) stating the following— that an application has been made under section 35A ; the reasons, as stated in the application, for the proposed cancellation; if the chief executive proposes to cancel the contract— the reasons for the decision; and the day the cancellation takes effect; if the chief executive proposes not to cancel the contract—the reasons for the decision; that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n(sec.35C-ssec.2) Also, if the apprentice or trainee is under 18 years, the chief executive must give the show cause notice to the parent of the apprentice or trainee.\n(sec.35C-ssec.3) However, subsection (2) does not apply if it would be inappropriate in all the circumstances for the chief executive to give the show cause notice to the parent of the apprentice or trainee.\n- (a) that an application has been made under section 35A ;\n- (b) the reasons, as stated in the application, for the proposed cancellation;\n- (c) if the chief executive proposes to cancel the contract— (i) the reasons for the decision; and (ii) the day the cancellation takes effect;\n- (i) the reasons for the decision; and\n- (ii) the day the cancellation takes effect;\n- (d) if the chief executive proposes not to cancel the contract—the reasons for the decision;\n- (e) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n- (i) the reasons for the decision; and\n- (ii) the day the cancellation takes effect;","sortOrder":55},{"sectionNumber":"sec.35D","sectionType":"section","heading":"Decision about cancellation","content":"### sec.35D Decision about cancellation\n\nAfter having regard to the reasons stated in the application and any written responses made under section 35C (1) (e) , the chief executive must decide—\nif satisfied that a party to the training contract can not successfully complete the party’s obligations under the contract—to cancel the contract; or\notherwise—not to cancel the contract.\nThe chief executive must give each party an information notice about the decision.\nIf the chief executive decides to cancel the training contract the information notice must state the day the cancellation takes effect.\ns 35D ins 2019 No. 33 s 10\n(sec.35D-ssec.1) After having regard to the reasons stated in the application and any written responses made under section 35C (1) (e) , the chief executive must decide— if satisfied that a party to the training contract can not successfully complete the party’s obligations under the contract—to cancel the contract; or otherwise—not to cancel the contract.\n(sec.35D-ssec.2) The chief executive must give each party an information notice about the decision.\n(sec.35D-ssec.3) If the chief executive decides to cancel the training contract the information notice must state the day the cancellation takes effect.\n- (a) if satisfied that a party to the training contract can not successfully complete the party’s obligations under the contract—to cancel the contract; or\n- (b) otherwise—not to cancel the contract.","sortOrder":56},{"sectionNumber":"sec.35E","sectionType":"section","heading":"Cancellation in response to application","content":"### sec.35E Cancellation in response to application\n\nIf a registered training contract is cancelled under section 35D , the apprenticeship or traineeship of the person who was the apprentice or trainee ends on the day the contract is cancelled.\ns 35E ins 2019 No. 33 s 10","sortOrder":57},{"sectionNumber":"sec.36","sectionType":"section","heading":"Grounds for cancellation of registered training contract by chief executive","content":"### sec.36 Grounds for cancellation of registered training contract by chief executive\n\nThe chief executive may cancel a registered training contract if reasonably satisfied that 1 or more of the following grounds applies—\nthe employer has ceased business;\nthe employer has ceased operating the business in which the apprentice or trainee under the contract was employed;\nthere has been a substantial change in a party’s circumstances and the change has affected the party’s capacity to perform the party’s obligations under the contract;\nthe employer has moved the employer’s business to a place to which it is impractical or unreasonable for the apprentice or trainee to travel;\nthe contract contains false or misleading information;\nthe supervising registered training organisation withdraws from the training plan for the contract and no replacement supervising registered training organisation has been nominated;\nthe employer has been declared a prohibited employer;\nthe employer is failing, or has failed, to comply with the employer’s obligations under this Act or the contract;\nthe apprentice or trainee is no longer employed by the employer and it is at least 21 days since the employment ceased;\nif the apprentice or trainee is a school student—the school withdraws support for the student’s participation under the contract;\nthe contract was registered in error.\nThe chief executive must not cancel a registered training contract under subsection (1) (i) if—\nthe chief executive has received notice of a contested event under section 58A ; and\nthe contested event has not been finalised.\ns 36 amd 2019 No. 33 s 11\n(sec.36-ssec.1) The chief executive may cancel a registered training contract if reasonably satisfied that 1 or more of the following grounds applies— the employer has ceased business; the employer has ceased operating the business in which the apprentice or trainee under the contract was employed; there has been a substantial change in a party’s circumstances and the change has affected the party’s capacity to perform the party’s obligations under the contract; the employer has moved the employer’s business to a place to which it is impractical or unreasonable for the apprentice or trainee to travel; the contract contains false or misleading information; the supervising registered training organisation withdraws from the training plan for the contract and no replacement supervising registered training organisation has been nominated; the employer has been declared a prohibited employer; the employer is failing, or has failed, to comply with the employer’s obligations under this Act or the contract; the apprentice or trainee is no longer employed by the employer and it is at least 21 days since the employment ceased; if the apprentice or trainee is a school student—the school withdraws support for the student’s participation under the contract; the contract was registered in error.\n(sec.36-ssec.2) The chief executive must not cancel a registered training contract under subsection (1) (i) if— the chief executive has received notice of a contested event under section 58A ; and the contested event has not been finalised.\n- (a) the employer has ceased business;\n- (b) the employer has ceased operating the business in which the apprentice or trainee under the contract was employed;\n- (c) there has been a substantial change in a party’s circumstances and the change has affected the party’s capacity to perform the party’s obligations under the contract;\n- (d) the employer has moved the employer’s business to a place to which it is impractical or unreasonable for the apprentice or trainee to travel;\n- (e) the contract contains false or misleading information;\n- (f) the supervising registered training organisation withdraws from the training plan for the contract and no replacement supervising registered training organisation has been nominated;\n- (g) the employer has been declared a prohibited employer;\n- (h) the employer is failing, or has failed, to comply with the employer’s obligations under this Act or the contract;\n- (i) the apprentice or trainee is no longer employed by the employer and it is at least 21 days since the employment ceased;\n- (j) if the apprentice or trainee is a school student—the school withdraws support for the student’s participation under the contract;\n- (k) the contract was registered in error.\n- (a) the chief executive has received notice of a contested event under section 58A ; and\n- (b) the contested event has not been finalised.","sortOrder":58},{"sectionNumber":"sec.37","sectionType":"section","heading":"Show cause notice before cancellation of registered training contract","content":"### sec.37 Show cause notice before cancellation of registered training contract\n\nThis section applies if the chief executive is proposing to cancel a registered training contract under this subdivision.\nThe chief executive must first give each party to the registered training contract a notice (a show cause notice ) stating—\nthat the chief executive proposes to cancel the contract; and\nthe reasons for the proposed cancellation; and\nthat the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\nHowever, subsection (2) does not apply if the chief executive reasonably considers it is not practicable to give the parties a show cause notice.\nThe employer who is a party to the registered training contract has ceased trading.\n(sec.37-ssec.1) This section applies if the chief executive is proposing to cancel a registered training contract under this subdivision.\n(sec.37-ssec.2) The chief executive must first give each party to the registered training contract a notice (a show cause notice ) stating— that the chief executive proposes to cancel the contract; and the reasons for the proposed cancellation; and that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n(sec.37-ssec.3) However, subsection (2) does not apply if the chief executive reasonably considers it is not practicable to give the parties a show cause notice. The employer who is a party to the registered training contract has ceased trading.\n- (a) that the chief executive proposes to cancel the contract; and\n- (b) the reasons for the proposed cancellation; and\n- (c) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.","sortOrder":59},{"sectionNumber":"sec.38","sectionType":"section","heading":"Decision about cancellation after show cause notice","content":"### sec.38 Decision about cancellation after show cause notice\n\nAfter considering any written response received from a party within the time stated in the show cause notice under section 37 (2) (c) , the chief executive must—\ndecide whether to cancel the registered training contract; and\ngive the parties—\nif the chief executive decides to cancel the contract under section 36 (1) (c) , (e) or (h) —an information notice for the decision; or\nif the chief executive decides to cancel the contract other than under section 36 (1) (c) , (e) or (h) —written notice of the decision, including the reasons for the decision; or\nif the chief executive decides not to cancel the contract—written notice of the decision.\nThe decision to cancel the registered training contract takes effect on the day stated in the notice given under subsection (1) (b) .\ns 38 amd 2019 No. 33 s 12\n(sec.38-ssec.1) After considering any written response received from a party within the time stated in the show cause notice under section 37 (2) (c) , the chief executive must— decide whether to cancel the registered training contract; and give the parties— if the chief executive decides to cancel the contract under section 36 (1) (c) , (e) or (h) —an information notice for the decision; or if the chief executive decides to cancel the contract other than under section 36 (1) (c) , (e) or (h) —written notice of the decision, including the reasons for the decision; or if the chief executive decides not to cancel the contract—written notice of the decision.\n(sec.38-ssec.2) The decision to cancel the registered training contract takes effect on the day stated in the notice given under subsection (1) (b) .\n- (a) decide whether to cancel the registered training contract; and\n- (b) give the parties— (i) if the chief executive decides to cancel the contract under section 36 (1) (c) , (e) or (h) —an information notice for the decision; or (ii) if the chief executive decides to cancel the contract other than under section 36 (1) (c) , (e) or (h) —written notice of the decision, including the reasons for the decision; or (iii) if the chief executive decides not to cancel the contract—written notice of the decision.\n- (i) if the chief executive decides to cancel the contract under section 36 (1) (c) , (e) or (h) —an information notice for the decision; or\n- (ii) if the chief executive decides to cancel the contract other than under section 36 (1) (c) , (e) or (h) —written notice of the decision, including the reasons for the decision; or\n- (iii) if the chief executive decides not to cancel the contract—written notice of the decision.\n- (i) if the chief executive decides to cancel the contract under section 36 (1) (c) , (e) or (h) —an information notice for the decision; or\n- (ii) if the chief executive decides to cancel the contract other than under section 36 (1) (c) , (e) or (h) —written notice of the decision, including the reasons for the decision; or\n- (iii) if the chief executive decides not to cancel the contract—written notice of the decision.","sortOrder":60},{"sectionNumber":"sec.39","sectionType":"section","heading":"Decision about cancellation if show cause notice not given","content":"### sec.39 Decision about cancellation if show cause notice not given\n\nThis section applies if the chief executive does not give the parties a show cause notice under section 37 (3) .\nThe chief executive may cancel the registered training contract under section 36 and give the parties written notice of the date of the cancellation.\nThe cancellation takes effect on the date stated in the notice.\n(sec.39-ssec.1) This section applies if the chief executive does not give the parties a show cause notice under section 37 (3) .\n(sec.39-ssec.2) The chief executive may cancel the registered training contract under section 36 and give the parties written notice of the date of the cancellation.\n(sec.39-ssec.3) The cancellation takes effect on the date stated in the notice.","sortOrder":61},{"sectionNumber":"sec.40","sectionType":"section","heading":"Registered training contract ends if cancelled","content":"### sec.40 Registered training contract ends if cancelled\n\nIf a registered training contract is cancelled before it is completed, the apprenticeship or traineeship of the person who was the apprentice or trainee ends on the day the contract is cancelled.","sortOrder":62},{"sectionNumber":"ch.2-pt.2-div.6A","sectionType":"division","heading":"Re-registration of cancelled contract in particular circumstances","content":"## Re-registration of cancelled contract in particular circumstances","sortOrder":63},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Definitions for division","content":"### sec.40A Definitions for division\n\nIn this division—\ncancelled contract means a registered training contract that was cancelled under division 6 .\nreinstatement decision means a decision of the industrial relations commission or fair work commission to reinstate the employment of the apprentice or trainee who was a party to a cancelled contract.\nrelevant entity means—\neach person that was a party to a cancelled contract; and\nthe supervising registered training organisation for the apprentice or trainee who was a party to the cancelled contract.\ns 40A ins 2019 No. 33 s 13\n- (a) each person that was a party to a cancelled contract; and\n- (b) the supervising registered training organisation for the apprentice or trainee who was a party to the cancelled contract.","sortOrder":64},{"sectionNumber":"sec.40B","sectionType":"section","heading":"Application of division","content":"### sec.40B Application of division\n\nThis division applies if the industrial relations commission or fair work commission makes a reinstatement decision.\ns 40B ins 2019 No. 33 s 13","sortOrder":65},{"sectionNumber":"sec.40C","sectionType":"section","heading":"Obligation to notify chief executive of relevant decision","content":"### sec.40C Obligation to notify chief executive of relevant decision\n\nEach person that was a party to a cancelled contract must, as soon as possible after becoming aware of the reinstatement decision, notify the chief executive of the decision.\ns 40C ins 2019 No. 33 s 13","sortOrder":66},{"sectionNumber":"sec.40D","sectionType":"section","heading":"Notice of re-registration of training contract after relevant decision","content":"### sec.40D Notice of re-registration of training contract after relevant decision\n\nThe chief executive must, as soon as practicable after receiving a notice under section 40C —\nre-register the training contract; and\nprovide each relevant entity with a written notice stating the following—\nthat the chief executive has re-registered the cancelled contract as a registered training contract;\nthat the nominal term of the re-registered training contract is extended by the period the contract was cancelled before being re-registered under paragraph (a) ;\nthe date the nominal term ends taking into account the period of extension under subparagraph (ii) ;\nthat the training plan for the apprentice or trainee under the cancelled contract continues in force unless the parties enter into a new training plan.\ns 40D ins 2019 No. 33 s 13\n- (a) re-register the training contract; and\n- (b) provide each relevant entity with a written notice stating the following— (i) that the chief executive has re-registered the cancelled contract as a registered training contract; (ii) that the nominal term of the re-registered training contract is extended by the period the contract was cancelled before being re-registered under paragraph (a) ; (iii) the date the nominal term ends taking into account the period of extension under subparagraph (ii) ; (iv) that the training plan for the apprentice or trainee under the cancelled contract continues in force unless the parties enter into a new training plan.\n- (i) that the chief executive has re-registered the cancelled contract as a registered training contract;\n- (ii) that the nominal term of the re-registered training contract is extended by the period the contract was cancelled before being re-registered under paragraph (a) ;\n- (iii) the date the nominal term ends taking into account the period of extension under subparagraph (ii) ;\n- (iv) that the training plan for the apprentice or trainee under the cancelled contract continues in force unless the parties enter into a new training plan.\n- (i) that the chief executive has re-registered the cancelled contract as a registered training contract;\n- (ii) that the nominal term of the re-registered training contract is extended by the period the contract was cancelled before being re-registered under paragraph (a) ;\n- (iii) the date the nominal term ends taking into account the period of extension under subparagraph (ii) ;\n- (iv) that the training plan for the apprentice or trainee under the cancelled contract continues in force unless the parties enter into a new training plan.","sortOrder":67},{"sectionNumber":"ch.2-pt.2-div.7","sectionType":"division","heading":"Discipline","content":"## Discipline","sortOrder":68},{"sectionNumber":"sec.41","sectionType":"section","heading":"Definition for div 7","content":"### sec.41 Definition for div 7\n\nIn this division—\nmisconduct , for a party to a registered training contract, means—\nthe party fails to carry out a reasonable and lawful instruction that is consistent with the party’s obligations under the contract given by—\nif the party is the employer—the chief executive; or\nif the party is the apprentice or trainee, any of the following—\nthe chief executive;\nthe employer;\nthe employer’s agent or employee;\nthe supervising registered training organisation for the apprentice or trainee; or\nthe party does not—\nkeep a training record prescribed by regulation in the way prescribed by regulation; or\nwhen requested by any of the following persons, produce the record for the person’s inspection—\nanother party to the contract;\nthe chief executive;\nthe supervising registered training organisation for the apprentice or trainee under the registered training contract; or\nif the party is the employer—the party does not comply with section 56 , 57 or 58 ; or\nif the party is the apprentice or trainee—the party does not comply with section 55 .\n- (a) the party fails to carry out a reasonable and lawful instruction that is consistent with the party’s obligations under the contract given by— (i) if the party is the employer—the chief executive; or (ii) if the party is the apprentice or trainee, any of the following— (A) the chief executive; (B) the employer; (C) the employer’s agent or employee; (D) the supervising registered training organisation for the apprentice or trainee; or\n- (i) if the party is the employer—the chief executive; or\n- (ii) if the party is the apprentice or trainee, any of the following— (A) the chief executive; (B) the employer; (C) the employer’s agent or employee; (D) the supervising registered training organisation for the apprentice or trainee; or\n- (A) the chief executive;\n- (B) the employer;\n- (C) the employer’s agent or employee;\n- (D) the supervising registered training organisation for the apprentice or trainee; or\n- (b) the party does not— (i) keep a training record prescribed by regulation in the way prescribed by regulation; or (ii) when requested by any of the following persons, produce the record for the person’s inspection— (A) another party to the contract; (B) the chief executive; (C) the supervising registered training organisation for the apprentice or trainee under the registered training contract; or\n- (i) keep a training record prescribed by regulation in the way prescribed by regulation; or\n- (ii) when requested by any of the following persons, produce the record for the person’s inspection— (A) another party to the contract; (B) the chief executive; (C) the supervising registered training organisation for the apprentice or trainee under the registered training contract; or\n- (A) another party to the contract;\n- (B) the chief executive;\n- (C) the supervising registered training organisation for the apprentice or trainee under the registered training contract; or\n- (c) if the party is the employer—the party does not comply with section 56 , 57 or 58 ; or\n- (d) if the party is the apprentice or trainee—the party does not comply with section 55 .\n- (i) if the party is the employer—the chief executive; or\n- (ii) if the party is the apprentice or trainee, any of the following— (A) the chief executive; (B) the employer; (C) the employer’s agent or employee; (D) the supervising registered training organisation for the apprentice or trainee; or\n- (A) the chief executive;\n- (B) the employer;\n- (C) the employer’s agent or employee;\n- (D) the supervising registered training organisation for the apprentice or trainee; or\n- (A) the chief executive;\n- (B) the employer;\n- (C) the employer’s agent or employee;\n- (D) the supervising registered training organisation for the apprentice or trainee; or\n- (i) keep a training record prescribed by regulation in the way prescribed by regulation; or\n- (ii) when requested by any of the following persons, produce the record for the person’s inspection— (A) another party to the contract; (B) the chief executive; (C) the supervising registered training organisation for the apprentice or trainee under the registered training contract; or\n- (A) another party to the contract;\n- (B) the chief executive;\n- (C) the supervising registered training organisation for the apprentice or trainee under the registered training contract; or\n- (A) another party to the contract;\n- (B) the chief executive;\n- (C) the supervising registered training organisation for the apprentice or trainee under the registered training contract; or","sortOrder":69},{"sectionNumber":"sec.42","sectionType":"section","heading":"Discipline","content":"### sec.42 Discipline\n\nThis section applies if the chief executive reasonably believes a party to a registered training contract—\nhas contravened this Act or the contract; or\nhas engaged in misconduct.\nThe chief executive may make an order—\nreprimanding the party; or\ndirecting the party to pay the chief executive an amount of not more than 4 penalty units.\nA order under subsection (2) (b) may direct—\nthe party to pay the amount directly or by instalments over a stated period; or\nif the party is the apprentice or trainee—despite the Industrial Relations Act 2016 , section 371 , the apprentice’s or trainee’s employer to deduct the amount directly or by instalments over a stated period from the apprentice’s or trainee’s wages and pay it to the chief executive.\nA person must not contravene an order made under subsection (2) (b) .\nMaximum penalty for subsection (4) —50 penalty units.\ns 42 amd 2016 No. 63 s 1157 sch 6\n(sec.42-ssec.1) This section applies if the chief executive reasonably believes a party to a registered training contract— has contravened this Act or the contract; or has engaged in misconduct.\n(sec.42-ssec.2) The chief executive may make an order— reprimanding the party; or directing the party to pay the chief executive an amount of not more than 4 penalty units.\n(sec.42-ssec.3) A order under subsection (2) (b) may direct— the party to pay the amount directly or by instalments over a stated period; or if the party is the apprentice or trainee—despite the Industrial Relations Act 2016 , section 371 , the apprentice’s or trainee’s employer to deduct the amount directly or by instalments over a stated period from the apprentice’s or trainee’s wages and pay it to the chief executive.\n(sec.42-ssec.4) A person must not contravene an order made under subsection (2) (b) . Maximum penalty for subsection (4) —50 penalty units.\n- (a) has contravened this Act or the contract; or\n- (b) has engaged in misconduct.\n- (a) reprimanding the party; or\n- (b) directing the party to pay the chief executive an amount of not more than 4 penalty units.\n- (a) the party to pay the amount directly or by instalments over a stated period; or\n- (b) if the party is the apprentice or trainee—despite the Industrial Relations Act 2016 , section 371 , the apprentice’s or trainee’s employer to deduct the amount directly or by instalments over a stated period from the apprentice’s or trainee’s wages and pay it to the chief executive.","sortOrder":70},{"sectionNumber":"sec.43","sectionType":"section","heading":"Chief executive must give show cause notice before making an order","content":"### sec.43 Chief executive must give show cause notice before making an order\n\nThis section applies if the chief executive is proposing to make an order under section 42 (2) .\nThe chief executive must first give each party to the registered training contract a notice (a show cause notice ) stating—\nthe order the chief executive proposes to make; and\nthe reasons for the proposed order; and\nthat the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed order.\n(sec.43-ssec.1) This section applies if the chief executive is proposing to make an order under section 42 (2) .\n(sec.43-ssec.2) The chief executive must first give each party to the registered training contract a notice (a show cause notice ) stating— the order the chief executive proposes to make; and the reasons for the proposed order; and that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed order.\n- (a) the order the chief executive proposes to make; and\n- (b) the reasons for the proposed order; and\n- (c) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed order.","sortOrder":71},{"sectionNumber":"sec.44","sectionType":"section","heading":"Decision about order after show cause notice","content":"### sec.44 Decision about order after show cause notice\n\nAfter considering any written response received from a party to the registered training contract within the time stated in the show cause notice under section 43 (2) (c) , the chief executive must decide whether to make an order under section 42 (2) .\nIf the chief executive decides to make an order under section 42 (2) , the chief executive must give the parties an information notice for the decision.\n(sec.44-ssec.1) After considering any written response received from a party to the registered training contract within the time stated in the show cause notice under section 43 (2) (c) , the chief executive must decide whether to make an order under section 42 (2) .\n(sec.44-ssec.2) If the chief executive decides to make an order under section 42 (2) , the chief executive must give the parties an information notice for the decision.","sortOrder":72},{"sectionNumber":"ch.2-pt.2-div.8","sectionType":"division","heading":"Completion of registered training contract","content":"## Completion of registered training contract","sortOrder":73},{"sectionNumber":"sec.45","sectionType":"section","heading":"Issue of completion certificate if all parties agree","content":"### sec.45 Issue of completion certificate if all parties agree\n\nThis section applies if—\nthe parties to a registered training contract are satisfied the apprentice or trainee under the contract has completed all training and assessment required under the training plan for the apprentice or trainee; and\nthe supervising registered training organisation for the apprentice or trainee has issued the qualification or statement of attainment stated in the plan.\nSee part 4 for provisions about training plans.\nThe parties to the registered training contract and the supervising registered training organisation must sign an agreement in the approved form (the completion agreement ) stating that all training and assessment required under the training plan has been completed by the apprentice or trainee.\nIf the apprentice or trainee is under 18 years, the completion agreement must also include the signed consent of a parent of the apprentice or trainee.\nHowever, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\nIt may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.\nA person must not state anything in the completion agreement that is false or misleading.\nMaximum penalty for subsection (5) —50 penalty units.\n(sec.45-ssec.1) This section applies if— the parties to a registered training contract are satisfied the apprentice or trainee under the contract has completed all training and assessment required under the training plan for the apprentice or trainee; and the supervising registered training organisation for the apprentice or trainee has issued the qualification or statement of attainment stated in the plan. See part 4 for provisions about training plans.\n(sec.45-ssec.2) The parties to the registered training contract and the supervising registered training organisation must sign an agreement in the approved form (the completion agreement ) stating that all training and assessment required under the training plan has been completed by the apprentice or trainee.\n(sec.45-ssec.3) If the apprentice or trainee is under 18 years, the completion agreement must also include the signed consent of a parent of the apprentice or trainee.\n(sec.45-ssec.4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents.\n(sec.45-ssec.5) A person must not state anything in the completion agreement that is false or misleading. Maximum penalty for subsection (5) —50 penalty units.\n- (a) the parties to a registered training contract are satisfied the apprentice or trainee under the contract has completed all training and assessment required under the training plan for the apprentice or trainee; and\n- (b) the supervising registered training organisation for the apprentice or trainee has issued the qualification or statement of attainment stated in the plan. Note— See part 4 for provisions about training plans.","sortOrder":74},{"sectionNumber":"sec.46","sectionType":"section","heading":"Supervising registered training organisation must give completion agreement to chief executive","content":"### sec.46 Supervising registered training organisation must give completion agreement to chief executive\n\nThe supervising registered training organisation for the apprentice or trainee must give the completion agreement to the chief executive within 10 days after the agreement is signed.","sortOrder":75},{"sectionNumber":"sec.47","sectionType":"section","heading":"Decision by chief executive about issue of completion certificate if all parties agree","content":"### sec.47 Decision by chief executive about issue of completion certificate if all parties agree\n\nOn receiving the completion agreement, the chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship.\nThe chief executive may issue the completion certificate only if satisfied that the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.\nThe chief executive may request further information before deciding whether to issue a completion certificate.\nIf the chief executive decides to issue the completion certificate, the chief executive must immediately—\ngive written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and\ngive the apprentice or trainee the completion certificate.\nIf the chief executive decides not to issue the completion certificate, the chief executive must immediately give the parties to the contract and the supervising registered training organisation written notice of the decision, including the reasons for the decision.\n(sec.47-ssec.1) On receiving the completion agreement, the chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship.\n(sec.47-ssec.2) The chief executive may issue the completion certificate only if satisfied that the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.\n(sec.47-ssec.3) The chief executive may request further information before deciding whether to issue a completion certificate.\n(sec.47-ssec.4) If the chief executive decides to issue the completion certificate, the chief executive must immediately— give written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and give the apprentice or trainee the completion certificate.\n(sec.47-ssec.5) If the chief executive decides not to issue the completion certificate, the chief executive must immediately give the parties to the contract and the supervising registered training organisation written notice of the decision, including the reasons for the decision.\n- (a) give written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and\n- (b) give the apprentice or trainee the completion certificate.","sortOrder":76},{"sectionNumber":"sec.48","sectionType":"section","heading":"Notification of failure to sign completion agreement","content":"### sec.48 Notification of failure to sign completion agreement\n\nThis section applies if—\nthe apprentice’s or trainee’s supervising registered training organisation is reasonably satisfied—\nall training and assessment under the training plan for the apprentice or trainee has been completed by the apprentice or trainee; and\nthe apprentice or trainee has been, or is entitled to be, issued with the qualification or statement of attainment for the apprenticeship or traineeship; and\nthe employer or apprentice or trainee—\nhas refused or neglected to sign a completion agreement after being requested to do so; or\nhas not signed a completion agreement because they can not be contacted.\nThe supervising registered training organisation must advise the chief executive in writing—\nthat the organisation is reasonably satisfied of the matters mentioned in subsection (1) (a) and the reasons it is reasonably satisfied; and\nof the party to the registered training contract that has not signed the completion agreement.\n(sec.48-ssec.1) This section applies if— the apprentice’s or trainee’s supervising registered training organisation is reasonably satisfied— all training and assessment under the training plan for the apprentice or trainee has been completed by the apprentice or trainee; and the apprentice or trainee has been, or is entitled to be, issued with the qualification or statement of attainment for the apprenticeship or traineeship; and the employer or apprentice or trainee— has refused or neglected to sign a completion agreement after being requested to do so; or has not signed a completion agreement because they can not be contacted.\n(sec.48-ssec.2) The supervising registered training organisation must advise the chief executive in writing— that the organisation is reasonably satisfied of the matters mentioned in subsection (1) (a) and the reasons it is reasonably satisfied; and of the party to the registered training contract that has not signed the completion agreement.\n- (a) the apprentice’s or trainee’s supervising registered training organisation is reasonably satisfied— (i) all training and assessment under the training plan for the apprentice or trainee has been completed by the apprentice or trainee; and (ii) the apprentice or trainee has been, or is entitled to be, issued with the qualification or statement of attainment for the apprenticeship or traineeship; and\n- (i) all training and assessment under the training plan for the apprentice or trainee has been completed by the apprentice or trainee; and\n- (ii) the apprentice or trainee has been, or is entitled to be, issued with the qualification or statement of attainment for the apprenticeship or traineeship; and\n- (b) the employer or apprentice or trainee— (i) has refused or neglected to sign a completion agreement after being requested to do so; or (ii) has not signed a completion agreement because they can not be contacted.\n- (i) has refused or neglected to sign a completion agreement after being requested to do so; or\n- (ii) has not signed a completion agreement because they can not be contacted.\n- (i) all training and assessment under the training plan for the apprentice or trainee has been completed by the apprentice or trainee; and\n- (ii) the apprentice or trainee has been, or is entitled to be, issued with the qualification or statement of attainment for the apprenticeship or traineeship; and\n- (i) has refused or neglected to sign a completion agreement after being requested to do so; or\n- (ii) has not signed a completion agreement because they can not be contacted.\n- (a) that the organisation is reasonably satisfied of the matters mentioned in subsection (1) (a) and the reasons it is reasonably satisfied; and\n- (b) of the party to the registered training contract that has not signed the completion agreement.","sortOrder":77},{"sectionNumber":"sec.49","sectionType":"section","heading":"Chief executive must give notice to the parties to the registered training contract","content":"### sec.49 Chief executive must give notice to the parties to the registered training contract\n\nOn receiving notice from the apprentice’s or trainee’s supervising registered training organisation under section 48 , the chief executive must give each party to the registered training contract written notice stating that—\nthe supervising registered training organisation has advised the chief executive of the matters mentioned in section 48 (1) (a) ; and\nthe chief executive is considering whether to issue a completion certificate to the apprentice or trainee; and\nthe party may, within 21 days after the notice is given, advise the chief executive whether the party considers the completion certificate should be given, including the reasons for the party’s view.\n- (a) the supervising registered training organisation has advised the chief executive of the matters mentioned in section 48 (1) (a) ; and\n- (b) the chief executive is considering whether to issue a completion certificate to the apprentice or trainee; and\n- (c) the party may, within 21 days after the notice is given, advise the chief executive whether the party considers the completion certificate should be given, including the reasons for the party’s view.","sortOrder":78},{"sectionNumber":"sec.50","sectionType":"section","heading":"Decision by chief executive about issue of completion certificate if all parties do not agree","content":"### sec.50 Decision by chief executive about issue of completion certificate if all parties do not agree\n\nThis section applies if—\nthe chief executive has given notice to the parties to the registered training contract under section 49 ; and\n21 days have elapsed since the notice was given.\nThe chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship.\nThe chief executive may issue the completion certificate only if satisfied that the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.\nIf the chief executive decides to issue the completion certificate, the chief executive must immediately—\ngive written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and\ngive the apprentice or trainee the completion certificate.\nIf the chief executive decides not to issue the completion certificate, the chief executive must immediately give the parties to the contract and the supervising registered training organisation written notice of the decision, including the reasons for the decision.\n(sec.50-ssec.1) This section applies if— the chief executive has given notice to the parties to the registered training contract under section 49 ; and 21 days have elapsed since the notice was given.\n(sec.50-ssec.2) The chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship.\n(sec.50-ssec.3) The chief executive may issue the completion certificate only if satisfied that the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.\n(sec.50-ssec.4) If the chief executive decides to issue the completion certificate, the chief executive must immediately— give written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and give the apprentice or trainee the completion certificate.\n(sec.50-ssec.5) If the chief executive decides not to issue the completion certificate, the chief executive must immediately give the parties to the contract and the supervising registered training organisation written notice of the decision, including the reasons for the decision.\n- (a) the chief executive has given notice to the parties to the registered training contract under section 49 ; and\n- (b) 21 days have elapsed since the notice was given.\n- (a) give written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and\n- (b) give the apprentice or trainee the completion certificate.","sortOrder":79},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Application for completion certificate","content":"### sec.50A Application for completion certificate\n\nThis section applies if a supervising registered training organisation has stopped operating as a registered training organisation before a completion agreement is signed by the parties to a registered training contract.\nThe parties may apply to the chief executive for the issue of a completion certificate.\nThe application must be in the approved form and include—\nevidence that the apprentice or trainee has completed all training and assessment required under the training plan for the apprentice or trainee; and\nif the apprentice or trainee is under 18 years—the signed consent of a parent of the apprentice or trainee.\nHowever, subsection (3) (b) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\nThe chief executive may issue the completion certificate only if satisfied the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.\ns 50A ins 2019 No. 33 s 14\n(sec.50A-ssec.1) This section applies if a supervising registered training organisation has stopped operating as a registered training organisation before a completion agreement is signed by the parties to a registered training contract.\n(sec.50A-ssec.2) The parties may apply to the chief executive for the issue of a completion certificate.\n(sec.50A-ssec.3) The application must be in the approved form and include— evidence that the apprentice or trainee has completed all training and assessment required under the training plan for the apprentice or trainee; and if the apprentice or trainee is under 18 years—the signed consent of a parent of the apprentice or trainee.\n(sec.50A-ssec.4) However, subsection (3) (b) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\n(sec.50A-ssec.5) The chief executive may issue the completion certificate only if satisfied the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.\n- (a) evidence that the apprentice or trainee has completed all training and assessment required under the training plan for the apprentice or trainee; and\n- (b) if the apprentice or trainee is under 18 years—the signed consent of a parent of the apprentice or trainee.","sortOrder":80},{"sectionNumber":"sec.51","sectionType":"section","heading":"Issue of completion certificate ends registered training contract","content":"### sec.51 Issue of completion certificate ends registered training contract\n\nThe registered training contract for an apprentice or trainee ends when the chief executive issues a completion certificate for the apprenticeship or traineeship.\nThis section applies despite the nominal term of the contract.\n(sec.51-ssec.1) The registered training contract for an apprentice or trainee ends when the chief executive issues a completion certificate for the apprenticeship or traineeship.\n(sec.51-ssec.2) This section applies despite the nominal term of the contract.","sortOrder":81},{"sectionNumber":"sec.52","sectionType":"section","heading":"Chief executive must give show cause notice before cancelling completion certificate","content":"### sec.52 Chief executive must give show cause notice before cancelling completion certificate\n\nThe chief executive may cancel a completion certificate if the chief executive reasonably believes the certificate was issued—\nin error; or\nbecause of a materially false or misleading representation or declaration.\nThe chief executive must first give the holder of the completion certificate a notice (a show cause notice ) stating—\nthat the chief executive is considering cancelling the completion certificate; and\nthe reason for the proposed cancellation; and\nthat the holder may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n(sec.52-ssec.1) The chief executive may cancel a completion certificate if the chief executive reasonably believes the certificate was issued— in error; or because of a materially false or misleading representation or declaration.\n(sec.52-ssec.2) The chief executive must first give the holder of the completion certificate a notice (a show cause notice ) stating— that the chief executive is considering cancelling the completion certificate; and the reason for the proposed cancellation; and that the holder may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n- (a) in error; or\n- (b) because of a materially false or misleading representation or declaration.\n- (a) that the chief executive is considering cancelling the completion certificate; and\n- (b) the reason for the proposed cancellation; and\n- (c) that the holder may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.","sortOrder":82},{"sectionNumber":"sec.53","sectionType":"section","heading":"Decision about cancellation after show cause notice","content":"### sec.53 Decision about cancellation after show cause notice\n\nAfter considering any written response from the holder of the completion certificate received within the time stated in the show cause notice under section 52 (2) (c) , the chief executive—\nmay decide to cancel, or not to cancel, the certificate; and\nmust give the holder an information notice for the decision.\nIf the chief executive cancels the completion certificate, the cancellation takes effect from the day the information notice is given.\nAlso, if the chief executive cancels the completion certificate, the chief executive—\nmust notify the cancellation on the department’s website; and\nmay, by signed notice to the person to whom the certificate was issued, require the person to return it to the chief executive within the time stated in the notice.\nThe person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nThe cancellation of the completion certificate does not reinstate the training contract that ended when the completion certificate for the apprenticeship or traineeship was issued.\n(sec.53-ssec.1) After considering any written response from the holder of the completion certificate received within the time stated in the show cause notice under section 52 (2) (c) , the chief executive— may decide to cancel, or not to cancel, the certificate; and must give the holder an information notice for the decision.\n(sec.53-ssec.2) If the chief executive cancels the completion certificate, the cancellation takes effect from the day the information notice is given.\n(sec.53-ssec.3) Also, if the chief executive cancels the completion certificate, the chief executive— must notify the cancellation on the department’s website; and may, by signed notice to the person to whom the certificate was issued, require the person to return it to the chief executive within the time stated in the notice.\n(sec.53-ssec.4) The person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.53-ssec.5) The cancellation of the completion certificate does not reinstate the training contract that ended when the completion certificate for the apprenticeship or traineeship was issued.\n- (a) may decide to cancel, or not to cancel, the certificate; and\n- (b) must give the holder an information notice for the decision.\n- (a) must notify the cancellation on the department’s website; and\n- (b) may, by signed notice to the person to whom the certificate was issued, require the person to return it to the chief executive within the time stated in the notice.","sortOrder":83},{"sectionNumber":"sec.54","sectionType":"section","heading":"Apprenticeship or traineeship ends when nominal term ends","content":"### sec.54 Apprenticeship or traineeship ends when nominal term ends\n\nThis section applies if the nominal term of a registered training contract ends and the apprentice or trainee has not completed all training and assessment required under the apprentice’s or trainee’s training plan.\nTo remove any doubt, it is declared that the apprenticeship or traineeship ends when the nominal term ends.\nSection 23 provides for an application to extend the nominal term of a registered training contract.\n(sec.54-ssec.1) This section applies if the nominal term of a registered training contract ends and the apprentice or trainee has not completed all training and assessment required under the apprentice’s or trainee’s training plan.\n(sec.54-ssec.2) To remove any doubt, it is declared that the apprenticeship or traineeship ends when the nominal term ends. Section 23 provides for an application to extend the nominal term of a registered training contract.","sortOrder":84},{"sectionNumber":"ch.2-pt.2-div.9","sectionType":"division","heading":"Obligations of apprentice or trainee and employer","content":"## Obligations of apprentice or trainee and employer","sortOrder":85},{"sectionNumber":"sec.55","sectionType":"section","heading":"Apprentice’s or trainee’s obligations under registered training contract","content":"### sec.55 Apprentice’s or trainee’s obligations under registered training contract\n\nThe obligations of an apprentice or trainee under a registered training contract are to—\nattend work, do his or her job and follow the employer’s lawful instructions; and\nwork towards achieving the qualification or statement of attainment stated in the contract; and\nundertake the training and assessment required under the apprentice’s or trainee’s training plan.\n- (a) attend work, do his or her job and follow the employer’s lawful instructions; and\n- (b) work towards achieving the qualification or statement of attainment stated in the contract; and\n- (c) undertake the training and assessment required under the apprentice’s or trainee’s training plan.","sortOrder":86},{"sectionNumber":"sec.56","sectionType":"section","heading":"Employer to provide supervision, facilities and training","content":"### sec.56 Employer to provide supervision, facilities and training\n\nThe employer of an apprentice or trainee must provide, or arrange to provide, the apprentice or trainee with the facilities, range of work, supervision and training—\nthe employer is required to provide under the apprentice’s or trainee’s training plan; or\nprescribed by regulation.\nMaximum penalty—60 penalty units.\n- (a) the employer is required to provide under the apprentice’s or trainee’s training plan; or\n- (b) prescribed by regulation.","sortOrder":87},{"sectionNumber":"sec.57","sectionType":"section","heading":"Employer not to prevent participation in training","content":"### sec.57 Employer not to prevent participation in training\n\nThe employer of an apprentice or trainee must not directly or indirectly—\nobstruct the apprentice or trainee from participating in the training required under his or her training plan to be delivered by the supervising registered training organisation for the apprentice or trainee (the required training ); or\nprejudice the apprentice’s or trainee’s employment, or place the apprentice or trainee at a disadvantage, because the apprentice or trainee participates or attempts to participate in the required training; or\ndiscourage the apprentice or trainee from participating in the required training; or\ninduce or coerce the apprentice or trainee to not participate in the required training.\nMaximum penalty—60 penalty units.\n- (a) obstruct the apprentice or trainee from participating in the training required under his or her training plan to be delivered by the supervising registered training organisation for the apprentice or trainee (the required training ); or\n- (b) prejudice the apprentice’s or trainee’s employment, or place the apprentice or trainee at a disadvantage, because the apprentice or trainee participates or attempts to participate in the required training; or\n- (c) discourage the apprentice or trainee from participating in the required training; or\n- (d) induce or coerce the apprentice or trainee to not participate in the required training.","sortOrder":88},{"sectionNumber":"sec.58","sectionType":"section","heading":"Employer to report notifiable events","content":"### sec.58 Employer to report notifiable events\n\nThis section applies if any of the following events (a notifiable event ) happens in relation to a registered training contract—\nthe employer sells or disposes of the employer’s business to someone else (the purchaser );\nthe employer is a partnership and the partnership is dissolved;\nthe employer decides—\nthe apprentice or trainee is unlikely to meet the requirements of his or her training plan; or\nthe training required under the apprentice’s or trainee’s training plan can not be completed within the nominal term of the contract;\nthe employment of the apprentice or trainee has ceased;\nthe apprentice or trainee has—\nmade an application for unfair dismissal under the Fair Work Act 2009 (Cwlth) , section 394 ; or\nmade an application for reinstatement under the Industrial Relations Act 2016 , section 317 ; or\ncommenced another proceeding contesting the cessation of employment.\nThe employer must give the chief executive signed notice of the notifiable event within 14 days after the notifiable event happens.\nMaximum penalty—50 penalty units.\nSubsection (4) applies if—\nthe notifiable event is an event mentioned in subsection (1) (a) ; and\nthe purchaser agrees to continue training the apprentice or trainee under the registered training contract.\nThe purchaser must give the chief executive signed notice of the purchaser’s agreement to continue training the apprentice or trainee under the registered training contract within 14 days after the notifiable event happens.\nMaximum penalty—50 penalty units.\ns 58 amd 2019 No. 33 s 15\n(sec.58-ssec.1) This section applies if any of the following events (a notifiable event ) happens in relation to a registered training contract— the employer sells or disposes of the employer’s business to someone else (the purchaser ); the employer is a partnership and the partnership is dissolved; the employer decides— the apprentice or trainee is unlikely to meet the requirements of his or her training plan; or the training required under the apprentice’s or trainee’s training plan can not be completed within the nominal term of the contract; the employment of the apprentice or trainee has ceased; the apprentice or trainee has— made an application for unfair dismissal under the Fair Work Act 2009 (Cwlth) , section 394 ; or made an application for reinstatement under the Industrial Relations Act 2016 , section 317 ; or commenced another proceeding contesting the cessation of employment.\n(sec.58-ssec.2) The employer must give the chief executive signed notice of the notifiable event within 14 days after the notifiable event happens. Maximum penalty—50 penalty units.\n(sec.58-ssec.3) Subsection (4) applies if— the notifiable event is an event mentioned in subsection (1) (a) ; and the purchaser agrees to continue training the apprentice or trainee under the registered training contract.\n(sec.58-ssec.4) The purchaser must give the chief executive signed notice of the purchaser’s agreement to continue training the apprentice or trainee under the registered training contract within 14 days after the notifiable event happens. Maximum penalty—50 penalty units.\n- (a) the employer sells or disposes of the employer’s business to someone else (the purchaser );\n- (b) the employer is a partnership and the partnership is dissolved;\n- (c) the employer decides— (i) the apprentice or trainee is unlikely to meet the requirements of his or her training plan; or (ii) the training required under the apprentice’s or trainee’s training plan can not be completed within the nominal term of the contract;\n- (i) the apprentice or trainee is unlikely to meet the requirements of his or her training plan; or\n- (ii) the training required under the apprentice’s or trainee’s training plan can not be completed within the nominal term of the contract;\n- (d) the employment of the apprentice or trainee has ceased;\n- (e) the apprentice or trainee has— (i) made an application for unfair dismissal under the Fair Work Act 2009 (Cwlth) , section 394 ; or (ii) made an application for reinstatement under the Industrial Relations Act 2016 , section 317 ; or (iii) commenced another proceeding contesting the cessation of employment.\n- (i) made an application for unfair dismissal under the Fair Work Act 2009 (Cwlth) , section 394 ; or\n- (ii) made an application for reinstatement under the Industrial Relations Act 2016 , section 317 ; or\n- (iii) commenced another proceeding contesting the cessation of employment.\n- (i) the apprentice or trainee is unlikely to meet the requirements of his or her training plan; or\n- (ii) the training required under the apprentice’s or trainee’s training plan can not be completed within the nominal term of the contract;\n- (i) made an application for unfair dismissal under the Fair Work Act 2009 (Cwlth) , section 394 ; or\n- (ii) made an application for reinstatement under the Industrial Relations Act 2016 , section 317 ; or\n- (iii) commenced another proceeding contesting the cessation of employment.\n- (a) the notifiable event is an event mentioned in subsection (1) (a) ; and\n- (b) the purchaser agrees to continue training the apprentice or trainee under the registered training contract.","sortOrder":89},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Apprentice or trainee must report contested event","content":"### sec.58A Apprentice or trainee must report contested event\n\nThis section applies if the employment of an apprentice or trainee has ceased and any of the following events (each a contested event ) happens—\nthe apprentice or trainee makes an application for unfair dismissal under the Fair Work Act 2009 (Cwlth) , section 394 ;\nthe apprentice or trainee makes an application for reinstatement under the Industrial Relations Act 2016 , section 317 ;\nthe apprentice or trainee commences another proceeding contesting the cessation of employment.\nThe apprentice or trainee must give the chief executive notice of the contested event within 21 days after the employment of the apprentice or trainee ceased.\ns 58A ins 2019 No. 33 s 16\n(sec.58A-ssec.1) This section applies if the employment of an apprentice or trainee has ceased and any of the following events (each a contested event ) happens— the apprentice or trainee makes an application for unfair dismissal under the Fair Work Act 2009 (Cwlth) , section 394 ; the apprentice or trainee makes an application for reinstatement under the Industrial Relations Act 2016 , section 317 ; the apprentice or trainee commences another proceeding contesting the cessation of employment.\n(sec.58A-ssec.2) The apprentice or trainee must give the chief executive notice of the contested event within 21 days after the employment of the apprentice or trainee ceased.\n- (a) the apprentice or trainee makes an application for unfair dismissal under the Fair Work Act 2009 (Cwlth) , section 394 ;\n- (b) the apprentice or trainee makes an application for reinstatement under the Industrial Relations Act 2016 , section 317 ;\n- (c) the apprentice or trainee commences another proceeding contesting the cessation of employment.","sortOrder":90},{"sectionNumber":"ch.2-pt.2-div.10","sectionType":"division","heading":"Prohibited employers","content":"## Prohibited employers","sortOrder":91},{"sectionNumber":"sec.59","sectionType":"section","heading":"Prohibited employers","content":"### sec.59 Prohibited employers\n\nThe chief executive may declare an employer to be a prohibited employer if the chief executive reasonably believes the employer is not a suitable person to employ an apprentice or trainee.\nThe declaration may be for a stated or indefinite period.\nThe declaration must state that the employer must not, while the declaration is in force, employ—\nany apprentice or trainee; or\nan apprentice or trainee in 1 or more stated apprenticeships or traineeships.\nIn deciding whether or not the employer is suitable to employ an apprentice or trainee, the chief executive must have regard to the following—\nthe employer’s ability to provide, or arrange to provide, an apprentice or trainee with the facilities, range of work, supervision and training required under a training plan for the apprentice or trainee;\nthe employer’s record in delivering training to apprentices or trainees;\nwhether the employer behaves, or permits his or her employees to behave, in an objectionable way towards an apprentice or trainee;\nwhether the employer has contravened an Act of the State, another State or the Commonwealth relating to employment, including, for example, this Act, the Fair Work Act 2009 (Cwlth) , the repealed Act, the Industrial Relations Act 2016 and the Work Health and Safety Act 2011 ;\nwhether the employer has been convicted of an indictable offence;\nany other matter the chief executive considers relevant to the decision whether or not to declare the employer to be a prohibited employer.\ns 59 amd 2016 No. 63 s 1157 sch 6\n(sec.59-ssec.1) The chief executive may declare an employer to be a prohibited employer if the chief executive reasonably believes the employer is not a suitable person to employ an apprentice or trainee.\n(sec.59-ssec.2) The declaration may be for a stated or indefinite period.\n(sec.59-ssec.3) The declaration must state that the employer must not, while the declaration is in force, employ— any apprentice or trainee; or an apprentice or trainee in 1 or more stated apprenticeships or traineeships.\n(sec.59-ssec.4) In deciding whether or not the employer is suitable to employ an apprentice or trainee, the chief executive must have regard to the following— the employer’s ability to provide, or arrange to provide, an apprentice or trainee with the facilities, range of work, supervision and training required under a training plan for the apprentice or trainee; the employer’s record in delivering training to apprentices or trainees; whether the employer behaves, or permits his or her employees to behave, in an objectionable way towards an apprentice or trainee; whether the employer has contravened an Act of the State, another State or the Commonwealth relating to employment, including, for example, this Act, the Fair Work Act 2009 (Cwlth) , the repealed Act, the Industrial Relations Act 2016 and the Work Health and Safety Act 2011 ; whether the employer has been convicted of an indictable offence; any other matter the chief executive considers relevant to the decision whether or not to declare the employer to be a prohibited employer.\n- (a) any apprentice or trainee; or\n- (b) an apprentice or trainee in 1 or more stated apprenticeships or traineeships.\n- (a) the employer’s ability to provide, or arrange to provide, an apprentice or trainee with the facilities, range of work, supervision and training required under a training plan for the apprentice or trainee;\n- (b) the employer’s record in delivering training to apprentices or trainees;\n- (c) whether the employer behaves, or permits his or her employees to behave, in an objectionable way towards an apprentice or trainee;\n- (d) whether the employer has contravened an Act of the State, another State or the Commonwealth relating to employment, including, for example, this Act, the Fair Work Act 2009 (Cwlth) , the repealed Act, the Industrial Relations Act 2016 and the Work Health and Safety Act 2011 ;\n- (e) whether the employer has been convicted of an indictable offence;\n- (f) any other matter the chief executive considers relevant to the decision whether or not to declare the employer to be a prohibited employer.","sortOrder":92},{"sectionNumber":"sec.60","sectionType":"section","heading":"Chief executive must give show cause notice before making a declaration","content":"### sec.60 Chief executive must give show cause notice before making a declaration\n\nThis section applies if the chief executive is proposing to make a declaration under section 59 .\nThe chief executive must first give the employer a notice (a show cause notice ) stating—\nthat the chief executive proposes to declare the employer to be a prohibited employer; and\nthe reasons for the proposed declaration; and\nwhether the proposed declaration is to apply—\nindefinitely; or\nfor the period stated in the show cause notice; and\nwhether the proposed declaration is to apply either to—\nall apprenticeships and traineeships; or\nonly the apprenticeships and traineeships stated in the show cause notice; and\nthat the employer may, within 14 days after the notice is given, give the chief executive a written response to the proposed declaration.\n(sec.60-ssec.1) This section applies if the chief executive is proposing to make a declaration under section 59 .\n(sec.60-ssec.2) The chief executive must first give the employer a notice (a show cause notice ) stating— that the chief executive proposes to declare the employer to be a prohibited employer; and the reasons for the proposed declaration; and whether the proposed declaration is to apply— indefinitely; or for the period stated in the show cause notice; and whether the proposed declaration is to apply either to— all apprenticeships and traineeships; or only the apprenticeships and traineeships stated in the show cause notice; and that the employer may, within 14 days after the notice is given, give the chief executive a written response to the proposed declaration.\n- (a) that the chief executive proposes to declare the employer to be a prohibited employer; and\n- (b) the reasons for the proposed declaration; and\n- (c) whether the proposed declaration is to apply— (i) indefinitely; or (ii) for the period stated in the show cause notice; and\n- (i) indefinitely; or\n- (ii) for the period stated in the show cause notice; and\n- (d) whether the proposed declaration is to apply either to— (i) all apprenticeships and traineeships; or (ii) only the apprenticeships and traineeships stated in the show cause notice; and\n- (i) all apprenticeships and traineeships; or\n- (ii) only the apprenticeships and traineeships stated in the show cause notice; and\n- (e) that the employer may, within 14 days after the notice is given, give the chief executive a written response to the proposed declaration.\n- (i) indefinitely; or\n- (ii) for the period stated in the show cause notice; and\n- (i) all apprenticeships and traineeships; or\n- (ii) only the apprenticeships and traineeships stated in the show cause notice; and","sortOrder":93},{"sectionNumber":"sec.61","sectionType":"section","heading":"Notice of decision about declaration after show cause notice","content":"### sec.61 Notice of decision about declaration after show cause notice\n\nThe chief executive must consider any written response received from the employer within the time stated in the show cause notice under section 60 (2) (e) .\nIf the chief executive decides not to declare the employer to be a prohibited employer, the chief executive must immediately give the employer written notice of the decision.\nIf the chief executive decides to declare the employer to be a prohibited employer, the chief executive must give the employer an information notice for the decision.\nThe information notice must also state—\nthat the employer may apply for revocation of the declaration; and\nhow the employer may apply.\n(sec.61-ssec.1) The chief executive must consider any written response received from the employer within the time stated in the show cause notice under section 60 (2) (e) .\n(sec.61-ssec.2) If the chief executive decides not to declare the employer to be a prohibited employer, the chief executive must immediately give the employer written notice of the decision.\n(sec.61-ssec.3) If the chief executive decides to declare the employer to be a prohibited employer, the chief executive must give the employer an information notice for the decision.\n(sec.61-ssec.4) The information notice must also state— that the employer may apply for revocation of the declaration; and how the employer may apply.\n- (a) that the employer may apply for revocation of the declaration; and\n- (b) how the employer may apply.","sortOrder":94},{"sectionNumber":"sec.62","sectionType":"section","heading":"Revocation of declaration as prohibited employer","content":"### sec.62 Revocation of declaration as prohibited employer\n\nA prohibited employer may apply to the chief executive in the approved form requesting the chief executive to revoke the declaration.\nThe chief executive may completely revoke the declaration if the chief executive is satisfied the employer is no longer an unsuitable person to employ an apprentice or trainee.\nThe chief executive may partly revoke the declaration only if the chief executive is satisfied—\nif the declaration stated the employer must not employ any apprentice or trainee—the employer is no longer an unsuitable person to employ an apprentice or trainee in a particular apprenticeship or traineeship; or\nif the declaration stated the employer must not employ an apprentice or trainee in more than 1 stated apprenticeships or traineeships—the employer is no longer an unsuitable employer to employ an apprentice or trainee in 1 or more of the stated apprenticeships or traineeships.\nIf the chief executive decides to completely revoke the declaration, the chief executive must immediately give the employer written notice of the decision.\nIf the chief executive decides to partly revoke the declaration or not to revoke the declaration, the chief executive must immediately give the employer written notice of the decision, including the reasons for the decision.\n(sec.62-ssec.1) A prohibited employer may apply to the chief executive in the approved form requesting the chief executive to revoke the declaration.\n(sec.62-ssec.2) The chief executive may completely revoke the declaration if the chief executive is satisfied the employer is no longer an unsuitable person to employ an apprentice or trainee.\n(sec.62-ssec.3) The chief executive may partly revoke the declaration only if the chief executive is satisfied— if the declaration stated the employer must not employ any apprentice or trainee—the employer is no longer an unsuitable person to employ an apprentice or trainee in a particular apprenticeship or traineeship; or if the declaration stated the employer must not employ an apprentice or trainee in more than 1 stated apprenticeships or traineeships—the employer is no longer an unsuitable employer to employ an apprentice or trainee in 1 or more of the stated apprenticeships or traineeships.\n(sec.62-ssec.4) If the chief executive decides to completely revoke the declaration, the chief executive must immediately give the employer written notice of the decision.\n(sec.62-ssec.5) If the chief executive decides to partly revoke the declaration or not to revoke the declaration, the chief executive must immediately give the employer written notice of the decision, including the reasons for the decision.\n- (a) if the declaration stated the employer must not employ any apprentice or trainee—the employer is no longer an unsuitable person to employ an apprentice or trainee in a particular apprenticeship or traineeship; or\n- (b) if the declaration stated the employer must not employ an apprentice or trainee in more than 1 stated apprenticeships or traineeships—the employer is no longer an unsuitable employer to employ an apprentice or trainee in 1 or more of the stated apprenticeships or traineeships.","sortOrder":95},{"sectionNumber":"sec.63","sectionType":"section","heading":"Prohibited employer not to contravene declaration","content":"### sec.63 Prohibited employer not to contravene declaration\n\nA prohibited employer must not employ, or offer to employ, a person as an apprentice or trainee in contravention of a declaration.\nMaximum penalty—80 penalty units.\nIn this section—\ndeclaration means—\na declaration made under section 59 ; or\nif the declaration has been partly revoked under section 62 —the declaration as partly revoked.\n(sec.63-ssec.1) A prohibited employer must not employ, or offer to employ, a person as an apprentice or trainee in contravention of a declaration. Maximum penalty—80 penalty units.\n(sec.63-ssec.2) In this section— declaration means— a declaration made under section 59 ; or if the declaration has been partly revoked under section 62 —the declaration as partly revoked.\n- (a) a declaration made under section 59 ; or\n- (b) if the declaration has been partly revoked under section 62 —the declaration as partly revoked.","sortOrder":96},{"sectionNumber":"ch.2-pt.2-div.11","sectionType":"division","heading":"Restricted callings","content":"## Restricted callings","sortOrder":97},{"sectionNumber":"sec.64","sectionType":"section","heading":"Declaration of restricted calling","content":"### sec.64 Declaration of restricted calling\n\nThe chief executive may, by notice published on the department’s website, declare a calling to be a restricted calling.\nAn employer must not employ a young person in a restricted calling unless the young person—\nhas completed a qualification or statement of attainment relevant to the calling; or\nis employed by the employer as an apprentice or trainee in the calling under a registered training contract.\nMaximum penalty—50 penalty units.\ns 64 amd 2016 No. 7 s 4\n(sec.64-ssec.1) The chief executive may, by notice published on the department’s website, declare a calling to be a restricted calling.\n(sec.64-ssec.2) An employer must not employ a young person in a restricted calling unless the young person— has completed a qualification or statement of attainment relevant to the calling; or is employed by the employer as an apprentice or trainee in the calling under a registered training contract. Maximum penalty—50 penalty units.\n- (a) has completed a qualification or statement of attainment relevant to the calling; or\n- (b) is employed by the employer as an apprentice or trainee in the calling under a registered training contract.","sortOrder":98},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Supervising registered training organisations","content":"# Supervising registered training organisations","sortOrder":99},{"sectionNumber":"sec.65","sectionType":"section","heading":"Requirement for supervising registered training organisation","content":"### sec.65 Requirement for supervising registered training organisation\n\nThere must be a supervising registered training organisation for each apprentice or trainee.\nIf a person is an apprentice or trainee under more than 1 training contract, there must be a supervising registered training organisation for each apprenticeship or traineeship.\n(sec.65-ssec.1) There must be a supervising registered training organisation for each apprentice or trainee.\n(sec.65-ssec.2) If a person is an apprentice or trainee under more than 1 training contract, there must be a supervising registered training organisation for each apprenticeship or traineeship.","sortOrder":100},{"sectionNumber":"sec.66","sectionType":"section","heading":"Becoming a supervising registered training organisation","content":"### sec.66 Becoming a supervising registered training organisation\n\nThe parties to a training contract must agree on the registered training organisation that is to become the supervising registered training organisation for the apprentice or trainee.\nThere can not be more than 1 supervising registered training organisation for each apprentice’s apprenticeship or trainee’s traineeship at a time.\nA registered training organisation can not become a supervising registered training organisation for an apprentice or trainee without the organisation’s agreement.\n(sec.66-ssec.1) The parties to a training contract must agree on the registered training organisation that is to become the supervising registered training organisation for the apprentice or trainee.\n(sec.66-ssec.2) There can not be more than 1 supervising registered training organisation for each apprentice’s apprenticeship or trainee’s traineeship at a time.\n(sec.66-ssec.3) A registered training organisation can not become a supervising registered training organisation for an apprentice or trainee without the organisation’s agreement.","sortOrder":101},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Supervising registered training organisation must complete employer resource assessment","content":"### sec.66A Supervising registered training organisation must complete employer resource assessment\n\nThis section applies to the supervising registered training organisation for an apprentice or trainee in relation to the apprentice’s or trainee’s training plan.\nThe organisation must—\ncomplete an employer resource assessment in the approved form for the apprentice’s or trainee’s training plan; and\nregularly review and, if necessary, revise the employer resource assessment during the period of the training plan; and\non request, give the chief executive a copy of the most recent employer resource assessment completed for the training plan.\nMaximum penalty—80 penalty units\ns 66A ins 2019 No. 33 s 17\n(sec.66A-ssec.1) This section applies to the supervising registered training organisation for an apprentice or trainee in relation to the apprentice’s or trainee’s training plan.\n(sec.66A-ssec.2) The organisation must— complete an employer resource assessment in the approved form for the apprentice’s or trainee’s training plan; and regularly review and, if necessary, revise the employer resource assessment during the period of the training plan; and on request, give the chief executive a copy of the most recent employer resource assessment completed for the training plan. Maximum penalty—80 penalty units\n- (a) complete an employer resource assessment in the approved form for the apprentice’s or trainee’s training plan; and\n- (b) regularly review and, if necessary, revise the employer resource assessment during the period of the training plan; and\n- (c) on request, give the chief executive a copy of the most recent employer resource assessment completed for the training plan.","sortOrder":102},{"sectionNumber":"sec.67","sectionType":"section","heading":"Availability of facilities","content":"### sec.67 Availability of facilities\n\nThe supervising registered training organisation for an apprentice or trainee must provide, or arrange to provide, the apprentice or trainee with the facilities, services, supervision and training required under the training plan for the apprentice or trainee.\nMaximum penalty—80 penalty units.","sortOrder":103},{"sectionNumber":"sec.68","sectionType":"section","heading":"Supervising registered training organisation to ensure delivery of training","content":"### sec.68 Supervising registered training organisation to ensure delivery of training\n\nThe supervising registered training organisation for an apprentice or trainee must ensure the training and assessment required to be delivered under the apprentice’s or trainee’s training plan is delivered to the apprentice or trainee.\nMaximum penalty—60 penalty units.","sortOrder":104},{"sectionNumber":"sec.69","sectionType":"section","heading":"Supervising registered training organisation to notify chief executive if progress not made under training plan","content":"### sec.69 Supervising registered training organisation to notify chief executive if progress not made under training plan\n\nThis section applies if the supervising registered training organisation for an apprentice or trainee considers the apprentice or trainee is not making the progress required under his or her training plan.\nThe supervising registered training organisation must give the chief executive written notice stating that it considers the apprentice or trainee is not making the progress required under the apprentice’s or trainee’s training plan.\nMaximum penalty—60 penalty units.\n(sec.69-ssec.1) This section applies if the supervising registered training organisation for an apprentice or trainee considers the apprentice or trainee is not making the progress required under his or her training plan.\n(sec.69-ssec.2) The supervising registered training organisation must give the chief executive written notice stating that it considers the apprentice or trainee is not making the progress required under the apprentice’s or trainee’s training plan. Maximum penalty—60 penalty units.","sortOrder":105},{"sectionNumber":"sec.70","sectionType":"section","heading":"Replacing supervising registered training organisation","content":"### sec.70 Replacing supervising registered training organisation\n\nIf the parties to a registered training contract agree, they may replace the supervising registered training organisation for the apprentice or trainee with another registered training organisation.\nSee also section 77 in relation to the effect on the apprentice’s or trainee’s training plan.\nIf the supervising registered training organisation is to be replaced, the employer must—\ngive the organisation a signed notice stating the day, no sooner than 14 days after the day the notice is given, when the replacement becomes effective; and\nat least 14 days before the replacement becomes effective, give the chief executive a signed notice stating the name of the new supervising registered training organisation for the apprentice or trainee.\nMaximum penalty—40 penalty units.\nAction to replace a supervising registered training organisation is of no effect if subsection (2) is contravened.\n(sec.70-ssec.1) If the parties to a registered training contract agree, they may replace the supervising registered training organisation for the apprentice or trainee with another registered training organisation. See also section 77 in relation to the effect on the apprentice’s or trainee’s training plan.\n(sec.70-ssec.2) If the supervising registered training organisation is to be replaced, the employer must— give the organisation a signed notice stating the day, no sooner than 14 days after the day the notice is given, when the replacement becomes effective; and at least 14 days before the replacement becomes effective, give the chief executive a signed notice stating the name of the new supervising registered training organisation for the apprentice or trainee. Maximum penalty—40 penalty units.\n(sec.70-ssec.3) Action to replace a supervising registered training organisation is of no effect if subsection (2) is contravened.\n- (a) give the organisation a signed notice stating the day, no sooner than 14 days after the day the notice is given, when the replacement becomes effective; and\n- (b) at least 14 days before the replacement becomes effective, give the chief executive a signed notice stating the name of the new supervising registered training organisation for the apprentice or trainee.","sortOrder":106},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Training plans for apprentices or trainees","content":"# Training plans for apprentices or trainees","sortOrder":107},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Establishing training plan for apprentice or trainee","content":"## Establishing training plan for apprentice or trainee","sortOrder":108},{"sectionNumber":"sec.71","sectionType":"section","heading":"Training plan for apprentice or trainee","content":"### sec.71 Training plan for apprentice or trainee\n\nThere must be a training plan in the approved form for each apprentice or trainee.\nIf a person is an apprentice or trainee under more than 1 training contract, there must be a training plan for each apprenticeship or traineeship.\n(sec.71-ssec.1) There must be a training plan in the approved form for each apprentice or trainee.\n(sec.71-ssec.2) If a person is an apprentice or trainee under more than 1 training contract, there must be a training plan for each apprenticeship or traineeship.","sortOrder":109},{"sectionNumber":"sec.72","sectionType":"section","heading":"Parties to training plan","content":"### sec.72 Parties to training plan\n\nThe parties to a training plan for an apprentice or trainee are—\nthe employer; and\nthe apprentice or trainee; and\nthe supervising registered training organisation for the apprentice or trainee.\n- (a) the employer; and\n- (b) the apprentice or trainee; and\n- (c) the supervising registered training organisation for the apprentice or trainee.","sortOrder":110},{"sectionNumber":"sec.73","sectionType":"section","heading":"Training plan to be negotiated by parties","content":"### sec.73 Training plan to be negotiated by parties\n\nThe training to be delivered under a training plan for an apprentice or trainee—\ncan not be unilaterally decided by the employer or supervising registered training organisation; and\nmust be negotiated, and agreed to, by all the parties.\n- (a) can not be unilaterally decided by the employer or supervising registered training organisation; and\n- (b) must be negotiated, and agreed to, by all the parties.","sortOrder":111},{"sectionNumber":"sec.74","sectionType":"section","heading":"Signing of training plan","content":"### sec.74 Signing of training plan\n\nWhen the parties have agreed to a training plan for an apprentice or trainee, they must sign it.\nThe supervising registered training organisation for the apprentice or trainee must take all reasonable steps to ensure the apprentice’s or trainee’s training plan is signed—\nif the training plan is the initial training plan for the apprentice or trainee—within 3 months of the start of the apprenticeship or traineeship; or\nif a training plan for the apprentice or trainee has ended because the supervising registered training organisation has been replaced—within 28 days after the replacement of the supervising registered training organisation; or\nif a training plan for the apprentice or trainee has ended because of the permanent, temporary or statutory transfer of a registered training contract—within 28 days after the transfer of the contract.\nMaximum penalty for subsection (2) —50 penalty units.\n(sec.74-ssec.1) When the parties have agreed to a training plan for an apprentice or trainee, they must sign it.\n(sec.74-ssec.2) The supervising registered training organisation for the apprentice or trainee must take all reasonable steps to ensure the apprentice’s or trainee’s training plan is signed— if the training plan is the initial training plan for the apprentice or trainee—within 3 months of the start of the apprenticeship or traineeship; or if a training plan for the apprentice or trainee has ended because the supervising registered training organisation has been replaced—within 28 days after the replacement of the supervising registered training organisation; or if a training plan for the apprentice or trainee has ended because of the permanent, temporary or statutory transfer of a registered training contract—within 28 days after the transfer of the contract. Maximum penalty for subsection (2) —50 penalty units.\n- (a) if the training plan is the initial training plan for the apprentice or trainee—within 3 months of the start of the apprenticeship or traineeship; or\n- (b) if a training plan for the apprentice or trainee has ended because the supervising registered training organisation has been replaced—within 28 days after the replacement of the supervising registered training organisation; or\n- (c) if a training plan for the apprentice or trainee has ended because of the permanent, temporary or statutory transfer of a registered training contract—within 28 days after the transfer of the contract.","sortOrder":112},{"sectionNumber":"sec.75","sectionType":"section","heading":"Copies of signed training plan for apprentice or trainee","content":"### sec.75 Copies of signed training plan for apprentice or trainee\n\nThe supervising registered training organisation for an apprentice or trainee must ensure a copy of the signed training plan is given to the apprentice or trainee, and the employer, within 14 days after the parties sign it.\nMaximum penalty—20 penalty units.","sortOrder":113},{"sectionNumber":"sec.76","sectionType":"section","heading":"False or misleading information in training plan","content":"### sec.76 False or misleading information in training plan\n\nA person must not state anything in a training plan for an apprentice or trainee the person knows is false or misleading.\nMaximum penalty—50 penalty units.\nA person must not induce or coerce someone else to state anything in a training plan for an apprentice or trainee the person knows is false or misleading.\nMaximum penalty—50 penalty units.\n(sec.76-ssec.1) A person must not state anything in a training plan for an apprentice or trainee the person knows is false or misleading. Maximum penalty—50 penalty units.\n(sec.76-ssec.2) A person must not induce or coerce someone else to state anything in a training plan for an apprentice or trainee the person knows is false or misleading. Maximum penalty—50 penalty units.","sortOrder":114},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Ending or changing training plan for apprentice or trainee","content":"## Ending or changing training plan for apprentice or trainee","sortOrder":115},{"sectionNumber":"sec.77","sectionType":"section","heading":"Training plan ends on replacement of supervising registered training organisation","content":"### sec.77 Training plan ends on replacement of supervising registered training organisation\n\nIf the supervising registered training organisation for an apprentice or trainee is replaced—\nthe training plan for the apprentice or trainee ends on the replacement of the supervising registered training organisation; and\na new training plan must be entered into.\n- (a) the training plan for the apprentice or trainee ends on the replacement of the supervising registered training organisation; and\n- (b) a new training plan must be entered into.","sortOrder":116},{"sectionNumber":"sec.78","sectionType":"section","heading":"Training plan ends when apprenticeship or traineeship ends","content":"### sec.78 Training plan ends when apprenticeship or traineeship ends\n\nThe training plan for an apprentice or trainee ends on the day the apprenticeship or traineeship ends.","sortOrder":117},{"sectionNumber":"sec.79","sectionType":"section","heading":"Training plan ends if registered training contract transferred","content":"### sec.79 Training plan ends if registered training contract transferred\n\nIf a registered training contract for an apprentice or trainee is transferred to a new employer under part 2 , division 4 —\nthe training plan for the apprentice or trainee ends on the day the contract is transferred; and\na new training plan must be entered into.\nSee section 74 for the supervising registered training organisation’s obligations in relation to the signing of the plan.\n- (a) the training plan for the apprentice or trainee ends on the day the contract is transferred; and\n- (b) a new training plan must be entered into. Note— See section 74 for the supervising registered training organisation’s obligations in relation to the signing of the plan.","sortOrder":118},{"sectionNumber":"sec.80","sectionType":"section","heading":"Changing training plan for an apprentice or trainee","content":"### sec.80 Changing training plan for an apprentice or trainee\n\nThe parties to a training plan for an apprentice or trainee may change the plan if all the parties agree to the change.\ns 80 amd 2019 No. 33 s 20","sortOrder":119},{"sectionNumber":"sec.81","sectionType":"section","heading":"Signing changed training plan for apprentice or trainee","content":"### sec.81 Signing changed training plan for apprentice or trainee\n\nIf the parties agree to change a training plan for an apprentice or trainee, they must sign the changed training plan within 14 days after the change is agreed to.\nThe supervising registered training organisation for the apprentice or trainee must take all reasonable steps to ensure subsection (1) is complied with.\nMaximum penalty for subsection (2) —20 penalty units.\n(sec.81-ssec.1) If the parties agree to change a training plan for an apprentice or trainee, they must sign the changed training plan within 14 days after the change is agreed to.\n(sec.81-ssec.2) The supervising registered training organisation for the apprentice or trainee must take all reasonable steps to ensure subsection (1) is complied with. Maximum penalty for subsection (2) —20 penalty units.","sortOrder":120},{"sectionNumber":"sec.82","sectionType":"section","heading":"Supervising registered training organisation may make minor change to training plan","content":"### sec.82 Supervising registered training organisation may make minor change to training plan\n\nA supervising registered training organisation for an apprentice or trainee may change the training plan for the apprentice or trainee if the change is minor.\nan amendment to reflect the changed title of a qualification\nThe supervising registered training organisation must send a changed training plan to the parties to the plan within 14 days after making the change.\nMaximum penalty—20 penalty units.\nThe change takes effect when the parties receive the changed training plan.\n(sec.82-ssec.1) A supervising registered training organisation for an apprentice or trainee may change the training plan for the apprentice or trainee if the change is minor. an amendment to reflect the changed title of a qualification\n(sec.82-ssec.2) The supervising registered training organisation must send a changed training plan to the parties to the plan within 14 days after making the change. Maximum penalty—20 penalty units.\n(sec.82-ssec.3) The change takes effect when the parties receive the changed training plan.","sortOrder":121},{"sectionNumber":"sec.82A","sectionType":"section","heading":"Application by one party to change a training plan","content":"### sec.82A Application by one party to change a training plan\n\nIf a party to a training plan considers an apprentice or trainee has not made sufficient progress to achieve the qualification or statement of attainment under the training plan, the party may apply to the chief executive to change the mode of delivery of the training plan.\nThe application must be in the approved form and state the following—\nthe proposed change to the mode of delivery of the training plan;\nthe reasons for the proposed change.\nIf the apprentice or trainee makes the application and is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\nHowever, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\ns 82A ins 2019 No. 33 s 22\n(sec.82A-ssec.1) If a party to a training plan considers an apprentice or trainee has not made sufficient progress to achieve the qualification or statement of attainment under the training plan, the party may apply to the chief executive to change the mode of delivery of the training plan.\n(sec.82A-ssec.2) The application must be in the approved form and state the following— the proposed change to the mode of delivery of the training plan; the reasons for the proposed change.\n(sec.82A-ssec.3) If the apprentice or trainee makes the application and is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.\n(sec.82A-ssec.4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.\n- (a) the proposed change to the mode of delivery of the training plan;\n- (b) the reasons for the proposed change.","sortOrder":122},{"sectionNumber":"sec.82B","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.82B Chief executive may request further information\n\nWithin 21 days after receiving the application, the chief executive may give the applicant a written notice asking for further information the chief executive reasonably requires to decide the application.\nThe notice must state a reasonable period of at least 14 days after the day the notice is given for the applicant to comply with the notice.\nThe chief executive must consider any information given by the applicant within the period stated in the notice.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the notice.\ns 82B ins 2019 No. 33 s 22\n(sec.82B-ssec.1) Within 21 days after receiving the application, the chief executive may give the applicant a written notice asking for further information the chief executive reasonably requires to decide the application.\n(sec.82B-ssec.2) The notice must state a reasonable period of at least 14 days after the day the notice is given for the applicant to comply with the notice.\n(sec.82B-ssec.3) The chief executive must consider any information given by the applicant within the period stated in the notice.\n(sec.82B-ssec.4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.","sortOrder":123},{"sectionNumber":"sec.82C","sectionType":"section","heading":"Show cause notice before changing a training plan","content":"### sec.82C Show cause notice before changing a training plan\n\nIf the chief executive proposes to change the mode of delivery of the training plan the chief executive must give each party to the registered training contract a notice (a show cause notice ) stating the following—\nthat an application has been made under section 82A ;\nthe reasons, as stated in the application, for the proposed change;\nthe reasons the chief executive proposes to change the training plan;\nthe proposed change to the mode of delivery of the training plan;\nthe day the proposed change is to take effect;\nthat the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed change.\ns 82C ins 2019 No. 33 s 22\n- (a) that an application has been made under section 82A ;\n- (b) the reasons, as stated in the application, for the proposed change;\n- (c) the reasons the chief executive proposes to change the training plan;\n- (d) the proposed change to the mode of delivery of the training plan;\n- (e) the day the proposed change is to take effect;\n- (f) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed change.","sortOrder":124},{"sectionNumber":"sec.82D","sectionType":"section","heading":"Decision about changing a training plan","content":"### sec.82D Decision about changing a training plan\n\nAfter having regard to the reasons stated in the application and, if a show cause notice was given under section 82C , any written responses made under section 82C (f) , the chief executive must decide—\nif satisfied the change to the mode of delivery of the training plan is necessary to assist the apprentice or trainee make the required progress to achieve the qualification or statement of attainment under the training plan—to change the mode of delivery of the training plan; or\notherwise—not to change the mode of delivery of the training plan.\nThe chief executive must give each party a written notice about the decision.\nIf the chief executive decides to change the mode of delivery of the training plan, the written notice must state—\nthe change; and\nthe date the change takes effect, being not less than 14 days after the day the notice is given to the parties.\ns 82D ins 2019 No. 33 s 22\n(sec.82D-ssec.1) After having regard to the reasons stated in the application and, if a show cause notice was given under section 82C , any written responses made under section 82C (f) , the chief executive must decide— if satisfied the change to the mode of delivery of the training plan is necessary to assist the apprentice or trainee make the required progress to achieve the qualification or statement of attainment under the training plan—to change the mode of delivery of the training plan; or otherwise—not to change the mode of delivery of the training plan.\n(sec.82D-ssec.2) The chief executive must give each party a written notice about the decision.\n(sec.82D-ssec.3) If the chief executive decides to change the mode of delivery of the training plan, the written notice must state— the change; and the date the change takes effect, being not less than 14 days after the day the notice is given to the parties.\n- (a) if satisfied the change to the mode of delivery of the training plan is necessary to assist the apprentice or trainee make the required progress to achieve the qualification or statement of attainment under the training plan—to change the mode of delivery of the training plan; or\n- (b) otherwise—not to change the mode of delivery of the training plan.\n- (a) the change; and\n- (b) the date the change takes effect, being not less than 14 days after the day the notice is given to the parties.","sortOrder":125},{"sectionNumber":"sec.82E","sectionType":"section","heading":"Chief executive may change training plan without application by the parties","content":"### sec.82E Chief executive may change training plan without application by the parties\n\nThe chief executive may decide to change the mode of delivery of the training plan if the chief executive is satisfied the change is necessary to assist an apprentice or trainee to achieve the qualification or statement of attainment under the apprentice’s or trainee’s training plan.\ns 82E ins 2019 No. 33 s 22","sortOrder":126},{"sectionNumber":"sec.82F","sectionType":"section","heading":"Show cause notice before changing a training plan","content":"### sec.82F Show cause notice before changing a training plan\n\nIf the chief executive proposes to change the mode of delivery of the training plan, the chief executive must give each party to the registered training contract a notice (a show cause notice ) stating the following—\nthat the chief executive proposes to change the training plan;\nthe reasons the chief executive proposes to change the training plan;\nthe proposed change to the mode of delivery of the training plan;\nthe day the proposed change is to take effect;\nthat the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed change.\ns 82F ins 2019 No. 33 s 22\n- (a) that the chief executive proposes to change the training plan;\n- (b) the reasons the chief executive proposes to change the training plan;\n- (c) the proposed change to the mode of delivery of the training plan;\n- (d) the day the proposed change is to take effect;\n- (e) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed change.","sortOrder":127},{"sectionNumber":"sec.82G","sectionType":"section","heading":"Decision about changing a training plan","content":"### sec.82G Decision about changing a training plan\n\nAfter having regard to any written responses made under section 82F (e) , the chief executive must decide—\nif satisfied the change to the mode of delivery of the training plan is necessary to assist the apprentice or trainee make the required progress to achieve the qualification or statement of attainment under the training plan—to change the mode of delivery of the training plan; or\notherwise—not to change the mode of delivery of the training plan.\nThe chief executive must give each party a written notice about the decision.\nIf the chief executive decides to change the mode of delivery of the training plan, the written notice must state—\nthe change; and\nthe date the change takes effect, being not less than 14 days after the day the notice is given to the parties.\ns 82G ins 2019 No. 33 s 22\n(sec.82G-ssec.1) After having regard to any written responses made under section 82F (e) , the chief executive must decide— if satisfied the change to the mode of delivery of the training plan is necessary to assist the apprentice or trainee make the required progress to achieve the qualification or statement of attainment under the training plan—to change the mode of delivery of the training plan; or otherwise—not to change the mode of delivery of the training plan.\n(sec.82G-ssec.2) The chief executive must give each party a written notice about the decision.\n(sec.82G-ssec.3) If the chief executive decides to change the mode of delivery of the training plan, the written notice must state— the change; and the date the change takes effect, being not less than 14 days after the day the notice is given to the parties.\n- (a) if satisfied the change to the mode of delivery of the training plan is necessary to assist the apprentice or trainee make the required progress to achieve the qualification or statement of attainment under the training plan—to change the mode of delivery of the training plan; or\n- (b) otherwise—not to change the mode of delivery of the training plan.\n- (a) the change; and\n- (b) the date the change takes effect, being not less than 14 days after the day the notice is given to the parties.","sortOrder":128},{"sectionNumber":"sec.82H","sectionType":"section","heading":"Supervising registered training organisation’s obligation","content":"### sec.82H Supervising registered training organisation’s obligation\n\nIf a training plan is changed under subdivision 4 or 5 the supervising registered training organisation must take all reasonable steps to ensure the change is complied with by the parties to the plan.\ns 82H ins 2019 No. 33 s 22","sortOrder":129},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Group training organisations","content":"# Group training organisations","sortOrder":130},{"sectionNumber":"sec.83","sectionType":"section","heading":"Function of group training organisation","content":"### sec.83 Function of group training organisation\n\nThe main function of a group training organisation is, by agreement between the organisation and an entity, to arrange for the entity to train, under a training plan, an apprentice or trainee employed by the organisation.","sortOrder":131},{"sectionNumber":"sec.84","sectionType":"section","heading":"Application for recognition as group training organisation","content":"### sec.84 Application for recognition as group training organisation\n\nA corporation may apply in the approved form to the chief executive to be recognised as a group training organisation.\nThe application must be accompanied by a report from an approved auditor that assesses the applicant’s compliance with the GTO Standards.\nThe chief executive must publish a list of approved auditors on the department’s website.\nIn this section—\napproved auditor means an auditor, or a person who is a type of auditor, approved by the chief executive.\n(sec.84-ssec.1) A corporation may apply in the approved form to the chief executive to be recognised as a group training organisation.\n(sec.84-ssec.2) The application must be accompanied by a report from an approved auditor that assesses the applicant’s compliance with the GTO Standards.\n(sec.84-ssec.3) The chief executive must publish a list of approved auditors on the department’s website.\n(sec.84-ssec.4) In this section— approved auditor means an auditor, or a person who is a type of auditor, approved by the chief executive.","sortOrder":132},{"sectionNumber":"sec.85","sectionType":"section","heading":"Decision on application for recognition as group training organisation","content":"### sec.85 Decision on application for recognition as group training organisation\n\nThe chief executive must make a decision on an application made under section 84 .\nThe chief executive may grant the application only if the chief executive is reasonably satisfied the applicant complies with the GTO Standards.\nIf the chief executive decides to grant the application, the chief executive must immediately give the applicant—\nwritten notice of the decision; and\na certificate (a certificate of recognition ) stating that the applicant is recognised as a group training organisation.\nIf the chief executive decides not to grant the application, the chief executive must immediately give the applicant an information notice for the decision.\nIf the chief executive fails to decide the application within 6 months after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.\n(sec.85-ssec.1) The chief executive must make a decision on an application made under section 84 .\n(sec.85-ssec.2) The chief executive may grant the application only if the chief executive is reasonably satisfied the applicant complies with the GTO Standards.\n(sec.85-ssec.3) If the chief executive decides to grant the application, the chief executive must immediately give the applicant— written notice of the decision; and a certificate (a certificate of recognition ) stating that the applicant is recognised as a group training organisation.\n(sec.85-ssec.4) If the chief executive decides not to grant the application, the chief executive must immediately give the applicant an information notice for the decision.\n(sec.85-ssec.5) If the chief executive fails to decide the application within 6 months after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.\n- (a) written notice of the decision; and\n- (b) a certificate (a certificate of recognition ) stating that the applicant is recognised as a group training organisation.","sortOrder":133},{"sectionNumber":"sec.86","sectionType":"section","heading":"Requirements for certificate of recognition as group training organisation","content":"### sec.86 Requirements for certificate of recognition as group training organisation\n\nA group training organisation’s certificate of recognition must—\nbe in the approved form; and\ninclude the following—\nthe name of the group training organisation;\nthe standard conditions applying to the certificate, and any further conditions imposed by the chief executive, under section 87 .\n- (a) be in the approved form; and\n- (b) include the following— (i) the name of the group training organisation; (ii) the standard conditions applying to the certificate, and any further conditions imposed by the chief executive, under section 87 .\n- (i) the name of the group training organisation;\n- (ii) the standard conditions applying to the certificate, and any further conditions imposed by the chief executive, under section 87 .\n- (i) the name of the group training organisation;\n- (ii) the standard conditions applying to the certificate, and any further conditions imposed by the chief executive, under section 87 .","sortOrder":134},{"sectionNumber":"sec.87","sectionType":"section","heading":"Conditions applying to certificate of recognition as group training organisation","content":"### sec.87 Conditions applying to certificate of recognition as group training organisation\n\nA group training organisation’s certificate of recognition is subject to the following standard conditions—\nthe organisation must comply with the GTO Standards;\nthe organisation must undergo compliance audits at the times and in the way directed by the chief executive;\nthe organisation must comply with its obligations under a registered training contract for an apprentice or trainee employed by the organisation.\nThe chief executive—\nmay, when the certificate of recognition is issued to the group training organisation or at any other time, impose further conditions the chief executive considers reasonably necessary to ensure the organisation complies with the GTO Standards; and\nmay remove or change the further conditions imposed for the purpose mentioned in paragraph (a) .\nIf the chief executive changes the conditions for a certificate of recognition after its issue, the chief executive must give the group training organisation a new certificate containing the changed conditions.\n(sec.87-ssec.1) A group training organisation’s certificate of recognition is subject to the following standard conditions— the organisation must comply with the GTO Standards; the organisation must undergo compliance audits at the times and in the way directed by the chief executive; the organisation must comply with its obligations under a registered training contract for an apprentice or trainee employed by the organisation.\n(sec.87-ssec.2) The chief executive— may, when the certificate of recognition is issued to the group training organisation or at any other time, impose further conditions the chief executive considers reasonably necessary to ensure the organisation complies with the GTO Standards; and may remove or change the further conditions imposed for the purpose mentioned in paragraph (a) .\n(sec.87-ssec.3) If the chief executive changes the conditions for a certificate of recognition after its issue, the chief executive must give the group training organisation a new certificate containing the changed conditions.\n- (a) the organisation must comply with the GTO Standards;\n- (b) the organisation must undergo compliance audits at the times and in the way directed by the chief executive;\n- (c) the organisation must comply with its obligations under a registered training contract for an apprentice or trainee employed by the organisation.\n- (a) may, when the certificate of recognition is issued to the group training organisation or at any other time, impose further conditions the chief executive considers reasonably necessary to ensure the organisation complies with the GTO Standards; and\n- (b) may remove or change the further conditions imposed for the purpose mentioned in paragraph (a) .","sortOrder":135},{"sectionNumber":"sec.88","sectionType":"section","heading":"Grounds for cancellation of certificate of recognition","content":"### sec.88 Grounds for cancellation of certificate of recognition\n\nThe chief executive may cancel a group training organisation’s certificate of recognition if reasonably satisfied 1 or more of the following grounds applies—\nthe organisation has not complied with a condition applying to its certificate of recognition;\nthe organisation has stopped operating as a group training organisation;\nthe organisation provided false or misleading information—\nwhen applying to be recognised as a group training organisation; or\nafter the issue of its certificate of recognition.\n- (a) the organisation has not complied with a condition applying to its certificate of recognition;\n- (b) the organisation has stopped operating as a group training organisation;\n- (c) the organisation provided false or misleading information— (i) when applying to be recognised as a group training organisation; or (ii) after the issue of its certificate of recognition.\n- (i) when applying to be recognised as a group training organisation; or\n- (ii) after the issue of its certificate of recognition.\n- (i) when applying to be recognised as a group training organisation; or\n- (ii) after the issue of its certificate of recognition.","sortOrder":136},{"sectionNumber":"sec.89","sectionType":"section","heading":"Show cause notice before cancellation of certificate of recognition","content":"### sec.89 Show cause notice before cancellation of certificate of recognition\n\nThis section applies if the chief executive is proposing to cancel a certificate of recognition under section 88 .\nThe chief executive must first give the group training organisation a notice (a show cause notice ) stating—\nthat the chief executive proposes to cancel the organisation’s certificate of recognition; and\nthe reason for the proposed cancellation; and\nthat the organisation may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n(sec.89-ssec.1) This section applies if the chief executive is proposing to cancel a certificate of recognition under section 88 .\n(sec.89-ssec.2) The chief executive must first give the group training organisation a notice (a show cause notice ) stating— that the chief executive proposes to cancel the organisation’s certificate of recognition; and the reason for the proposed cancellation; and that the organisation may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n- (a) that the chief executive proposes to cancel the organisation’s certificate of recognition; and\n- (b) the reason for the proposed cancellation; and\n- (c) that the organisation may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.","sortOrder":137},{"sectionNumber":"sec.90","sectionType":"section","heading":"Decision about cancellation after show cause notice","content":"### sec.90 Decision about cancellation after show cause notice\n\nAfter considering any written response from the group training organisation received within the time stated in the show cause notice under section 89 (2) (c) , the chief executive must—\ndecide whether to cancel the organisation’s certificate of recognition; and\ngive the organisation—\nif the chief executive decides not to cancel the certificate—written notice of the decision; or\nif the chief executive decides to cancel the certificate—an information notice for the decision.\nIf the chief executive cancels the group training organisation’s certificate of recognition, the cancellation takes effect 14 days from—\nthe day the information notice is given; or\nif a later day is stated in the information notice, the later day.\n(sec.90-ssec.1) After considering any written response from the group training organisation received within the time stated in the show cause notice under section 89 (2) (c) , the chief executive must— decide whether to cancel the organisation’s certificate of recognition; and give the organisation— if the chief executive decides not to cancel the certificate—written notice of the decision; or if the chief executive decides to cancel the certificate—an information notice for the decision.\n(sec.90-ssec.2) If the chief executive cancels the group training organisation’s certificate of recognition, the cancellation takes effect 14 days from— the day the information notice is given; or if a later day is stated in the information notice, the later day.\n- (a) decide whether to cancel the organisation’s certificate of recognition; and\n- (b) give the organisation— (i) if the chief executive decides not to cancel the certificate—written notice of the decision; or (ii) if the chief executive decides to cancel the certificate—an information notice for the decision.\n- (i) if the chief executive decides not to cancel the certificate—written notice of the decision; or\n- (ii) if the chief executive decides to cancel the certificate—an information notice for the decision.\n- (i) if the chief executive decides not to cancel the certificate—written notice of the decision; or\n- (ii) if the chief executive decides to cancel the certificate—an information notice for the decision.\n- (a) the day the information notice is given; or\n- (b) if a later day is stated in the information notice, the later day.","sortOrder":138},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Principal employer organisations","content":"# Principal employer organisations","sortOrder":139},{"sectionNumber":"sec.91","sectionType":"section","heading":"Function of principal employer organisation","content":"### sec.91 Function of principal employer organisation\n\nThe main function of a principal employer organisation is, by agreement between the organisation and an entity, to arrange for the entity to train, under a training plan, an apprentice or trainee employed by the organisation.","sortOrder":140},{"sectionNumber":"sec.92","sectionType":"section","heading":"Application for recognition as principal employer organisation","content":"### sec.92 Application for recognition as principal employer organisation\n\nA corporation may apply in the approved form to the chief executive to be recognised as a principal employer organisation.\nThe application must be accompanied by a report from an approved auditor that assesses the applicant’s compliance with the PEO Standards.\nThe chief executive must publish a list of approved auditors on the department’s website.\nIn this section—\napproved auditor means an auditor, or a person who is a type of auditor, approved by the chief executive.\n(sec.92-ssec.1) A corporation may apply in the approved form to the chief executive to be recognised as a principal employer organisation.\n(sec.92-ssec.2) The application must be accompanied by a report from an approved auditor that assesses the applicant’s compliance with the PEO Standards.\n(sec.92-ssec.3) The chief executive must publish a list of approved auditors on the department’s website.\n(sec.92-ssec.4) In this section— approved auditor means an auditor, or a person who is a type of auditor, approved by the chief executive.","sortOrder":141},{"sectionNumber":"sec.93","sectionType":"section","heading":"Decision on application for recognition as principal employer organisation","content":"### sec.93 Decision on application for recognition as principal employer organisation\n\nThe chief executive must make a decision on an application made under section 92 .\nThe chief executive may grant the application only if the chief executive is reasonably satisfied the applicant complies with the PEO Standards.\nIf the chief executive decides to grant the application, the chief executive must immediately give the applicant—\nwritten notice of the decision; and\na certificate (also a certificate of recognition ) stating that the applicant is recognised as a principal employer organisation.\nIf the chief executive decides not to grant the application, the chief executive must immediately give the applicant an information notice for the decision.\nIf the chief executive fails to decide the application within 6 months after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.\n(sec.93-ssec.1) The chief executive must make a decision on an application made under section 92 .\n(sec.93-ssec.2) The chief executive may grant the application only if the chief executive is reasonably satisfied the applicant complies with the PEO Standards.\n(sec.93-ssec.3) If the chief executive decides to grant the application, the chief executive must immediately give the applicant— written notice of the decision; and a certificate (also a certificate of recognition ) stating that the applicant is recognised as a principal employer organisation.\n(sec.93-ssec.4) If the chief executive decides not to grant the application, the chief executive must immediately give the applicant an information notice for the decision.\n(sec.93-ssec.5) If the chief executive fails to decide the application within 6 months after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.\n- (a) written notice of the decision; and\n- (b) a certificate (also a certificate of recognition ) stating that the applicant is recognised as a principal employer organisation.","sortOrder":142},{"sectionNumber":"sec.94","sectionType":"section","heading":"Requirements for certificate of recognition as principal employer organisation","content":"### sec.94 Requirements for certificate of recognition as principal employer organisation\n\nA principal employer organisation’s certificate of recognition must—\nbe in the approved form; and\ninclude the following—\nthe name of the principal employer organisation;\nthe standard conditions applying to the certificate, and any further conditions imposed by the chief executive, under section 95 .\n- (a) be in the approved form; and\n- (b) include the following— (i) the name of the principal employer organisation; (ii) the standard conditions applying to the certificate, and any further conditions imposed by the chief executive, under section 95 .\n- (i) the name of the principal employer organisation;\n- (ii) the standard conditions applying to the certificate, and any further conditions imposed by the chief executive, under section 95 .\n- (i) the name of the principal employer organisation;\n- (ii) the standard conditions applying to the certificate, and any further conditions imposed by the chief executive, under section 95 .","sortOrder":143},{"sectionNumber":"sec.95","sectionType":"section","heading":"Conditions applying to certificate of recognition as principal employer organisation","content":"### sec.95 Conditions applying to certificate of recognition as principal employer organisation\n\nA principal employer organisation’s certificate of recognition is subject to the following standard conditions—\nthe organisation must comply with the PEO Standards;\nthe organisation must undergo compliance audits at the times and in the way directed by the chief executive;\nthe organisation must comply with its obligations under a registered training contract for an apprentice or trainee employed by the organisation.\nThe chief executive—\nmay, when the certificate of recognition is issued to the principal employer organisation or at any other time, impose further conditions the chief executive considers reasonably necessary to ensure the organisation complies with the PEO Standards; and\nmay remove or change the further conditions imposed for the purpose mentioned in paragraph (a) .\nIf the chief executive changes the conditions for a certificate of recognition after its issue, the chief executive must give the principal employer organisation a new certificate containing the changed conditions.\n(sec.95-ssec.1) A principal employer organisation’s certificate of recognition is subject to the following standard conditions— the organisation must comply with the PEO Standards; the organisation must undergo compliance audits at the times and in the way directed by the chief executive; the organisation must comply with its obligations under a registered training contract for an apprentice or trainee employed by the organisation.\n(sec.95-ssec.2) The chief executive— may, when the certificate of recognition is issued to the principal employer organisation or at any other time, impose further conditions the chief executive considers reasonably necessary to ensure the organisation complies with the PEO Standards; and may remove or change the further conditions imposed for the purpose mentioned in paragraph (a) .\n(sec.95-ssec.3) If the chief executive changes the conditions for a certificate of recognition after its issue, the chief executive must give the principal employer organisation a new certificate containing the changed conditions.\n- (a) the organisation must comply with the PEO Standards;\n- (b) the organisation must undergo compliance audits at the times and in the way directed by the chief executive;\n- (c) the organisation must comply with its obligations under a registered training contract for an apprentice or trainee employed by the organisation.\n- (a) may, when the certificate of recognition is issued to the principal employer organisation or at any other time, impose further conditions the chief executive considers reasonably necessary to ensure the organisation complies with the PEO Standards; and\n- (b) may remove or change the further conditions imposed for the purpose mentioned in paragraph (a) .","sortOrder":144},{"sectionNumber":"sec.96","sectionType":"section","heading":"Grounds for cancellation of certificate of recognition","content":"### sec.96 Grounds for cancellation of certificate of recognition\n\nThe chief executive may cancel a principal employer organisation’s certificate of recognition if reasonably satisfied 1 or more of the following grounds applies—\nthe organisation has not complied with a condition applying to its certificate of recognition;\nthe organisation has stopped operating as a principal employer organisation;\nthe organisation provided false or misleading information—\nwhen applying to be recognised as a principal employer organisation; or\nafter the issue of its certificate of recognition.\n- (a) the organisation has not complied with a condition applying to its certificate of recognition;\n- (b) the organisation has stopped operating as a principal employer organisation;\n- (c) the organisation provided false or misleading information— (i) when applying to be recognised as a principal employer organisation; or (ii) after the issue of its certificate of recognition.\n- (i) when applying to be recognised as a principal employer organisation; or\n- (ii) after the issue of its certificate of recognition.\n- (i) when applying to be recognised as a principal employer organisation; or\n- (ii) after the issue of its certificate of recognition.","sortOrder":145},{"sectionNumber":"sec.97","sectionType":"section","heading":"Show cause notice before cancellation of certificate of recognition","content":"### sec.97 Show cause notice before cancellation of certificate of recognition\n\nThis section applies if the chief executive is proposing to cancel a certificate of recognition under section 96 .\nThe chief executive must first give the principal employer organisation a notice (a show cause notice ) stating—\nthat the chief executive proposes to cancel the organisation’s certificate of recognition; and\nthe reason for the proposed cancellation; and\nthat the principal employer organisation may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n(sec.97-ssec.1) This section applies if the chief executive is proposing to cancel a certificate of recognition under section 96 .\n(sec.97-ssec.2) The chief executive must first give the principal employer organisation a notice (a show cause notice ) stating— that the chief executive proposes to cancel the organisation’s certificate of recognition; and the reason for the proposed cancellation; and that the principal employer organisation may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n- (a) that the chief executive proposes to cancel the organisation’s certificate of recognition; and\n- (b) the reason for the proposed cancellation; and\n- (c) that the principal employer organisation may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.","sortOrder":146},{"sectionNumber":"sec.98","sectionType":"section","heading":"Decision about cancellation after show cause notice","content":"### sec.98 Decision about cancellation after show cause notice\n\nAfter considering any written response from the principal employer organisation received within the time stated in the show cause notice under section 97 (2) (c) , the chief executive must—\ndecide whether to cancel the organisation’s certificate of recognition; and\ngive the organisation—\nif the chief executive decides not to cancel the certificate—written notice of the decision; or\nif the chief executive decides to cancel the certificate—an information notice for the decision.\nIf the chief executive cancels the principal employer organisation’s certificate of recognition, the cancellation takes effect 14 days from—\nthe day the information notice is given; or\nif a later day is stated in the information notice, the later day.\n(sec.98-ssec.1) After considering any written response from the principal employer organisation received within the time stated in the show cause notice under section 97 (2) (c) , the chief executive must— decide whether to cancel the organisation’s certificate of recognition; and give the organisation— if the chief executive decides not to cancel the certificate—written notice of the decision; or if the chief executive decides to cancel the certificate—an information notice for the decision.\n(sec.98-ssec.2) If the chief executive cancels the principal employer organisation’s certificate of recognition, the cancellation takes effect 14 days from— the day the information notice is given; or if a later day is stated in the information notice, the later day.\n- (a) decide whether to cancel the organisation’s certificate of recognition; and\n- (b) give the organisation— (i) if the chief executive decides not to cancel the certificate—written notice of the decision; or (ii) if the chief executive decides to cancel the certificate—an information notice for the decision.\n- (i) if the chief executive decides not to cancel the certificate—written notice of the decision; or\n- (ii) if the chief executive decides to cancel the certificate—an information notice for the decision.\n- (i) if the chief executive decides not to cancel the certificate—written notice of the decision; or\n- (ii) if the chief executive decides to cancel the certificate—an information notice for the decision.\n- (a) the day the information notice is given; or\n- (b) if a later day is stated in the information notice, the later day.","sortOrder":147},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":148},{"sectionNumber":"sec.99","sectionType":"section","heading":"Limit on the number of apprentices or trainees that may be employed for placing under hosting agreement","content":"### sec.99 Limit on the number of apprentices or trainees that may be employed for placing under hosting agreement\n\nAn employer must not employ more than 24 apprentices or trainees that the employer is actively attempting to place under a hosting arrangement unless the employer is a group training organisation or a principal employer organisation.\nMaximum penalty— 50 penalty units.","sortOrder":149},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Certificates of achievement","content":"# Certificates of achievement","sortOrder":150},{"sectionNumber":"sec.100","sectionType":"section","heading":"Application for certificate of achievement","content":"### sec.100 Application for certificate of achievement\n\nA person may apply to the chief executive in the approved form for a certificate of achievement in a calling that is declared to be an apprenticeship or traineeship.\nThe application must be accompanied by—\na qualification or statement of attainment issued by a registered training organisation; and\nevidence of the employment the person has undertaken in the relevant calling; and\nevidence the person has completed the program for the certificate of achievement in the relevant calling approved by the chief executive and published on the department’s website.\n(sec.100-ssec.1) A person may apply to the chief executive in the approved form for a certificate of achievement in a calling that is declared to be an apprenticeship or traineeship.\n(sec.100-ssec.2) The application must be accompanied by— a qualification or statement of attainment issued by a registered training organisation; and evidence of the employment the person has undertaken in the relevant calling; and evidence the person has completed the program for the certificate of achievement in the relevant calling approved by the chief executive and published on the department’s website.\n- (a) a qualification or statement of attainment issued by a registered training organisation; and\n- (b) evidence of the employment the person has undertaken in the relevant calling; and\n- (c) evidence the person has completed the program for the certificate of achievement in the relevant calling approved by the chief executive and published on the department’s website.","sortOrder":151},{"sectionNumber":"sec.101","sectionType":"section","heading":"Decision on application for certificate of achievement","content":"### sec.101 Decision on application for certificate of achievement\n\nThe chief executive must make a decision on an application for a certificate of achievement in a calling.\nThe chief executive may grant the application only if the chief executive is satisfied the applicant—\nhas a qualification or statement of attainment issued by a registered training organisation; and\nhas completed the program for the certificate of achievement approved by the chief executive and published on the department’s website; and\nhas acquired the necessary skills and knowledge in the calling as stated in the program for the certificate of achievement.\nIf the chief executive decides to grant the application, the chief executive must immediately give the applicant—\nwritten notice of the decision; and\na certificate of achievement for the relevant calling.\nIf the chief executive decides not to grant the application, the chief executive must immediately give the applicant written notice of the decision, including the reasons for the decision.\nIf the chief executive fails to decide the application within 90 days after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.\n(sec.101-ssec.1) The chief executive must make a decision on an application for a certificate of achievement in a calling.\n(sec.101-ssec.2) The chief executive may grant the application only if the chief executive is satisfied the applicant— has a qualification or statement of attainment issued by a registered training organisation; and has completed the program for the certificate of achievement approved by the chief executive and published on the department’s website; and has acquired the necessary skills and knowledge in the calling as stated in the program for the certificate of achievement.\n(sec.101-ssec.3) If the chief executive decides to grant the application, the chief executive must immediately give the applicant— written notice of the decision; and a certificate of achievement for the relevant calling.\n(sec.101-ssec.4) If the chief executive decides not to grant the application, the chief executive must immediately give the applicant written notice of the decision, including the reasons for the decision.\n(sec.101-ssec.5) If the chief executive fails to decide the application within 90 days after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.\n- (a) has a qualification or statement of attainment issued by a registered training organisation; and\n- (b) has completed the program for the certificate of achievement approved by the chief executive and published on the department’s website; and\n- (c) has acquired the necessary skills and knowledge in the calling as stated in the program for the certificate of achievement.\n- (a) written notice of the decision; and\n- (b) a certificate of achievement for the relevant calling.","sortOrder":152},{"sectionNumber":"sec.102","sectionType":"section","heading":"Certificate of achievement","content":"### sec.102 Certificate of achievement\n\nA certificate of achievement must—\nbe in the approved form; and\ninclude the following—\nthe name of the person holding the certificate;\nthe calling to which the certificate applies.\n- (a) be in the approved form; and\n- (b) include the following— (i) the name of the person holding the certificate; (ii) the calling to which the certificate applies.\n- (i) the name of the person holding the certificate;\n- (ii) the calling to which the certificate applies.\n- (i) the name of the person holding the certificate;\n- (ii) the calling to which the certificate applies.","sortOrder":153},{"sectionNumber":"sec.103","sectionType":"section","heading":"Grounds for cancellation of certificate of achievement","content":"### sec.103 Grounds for cancellation of certificate of achievement\n\nThe chief executive may cancel a person’s certificate of achievement if reasonably satisfied the certificate was issued—\nin error; or\nbecause of a document or representation that—\nis false or misleading; or\nwas obtained or made in another improper way.\n- (a) in error; or\n- (b) because of a document or representation that— (i) is false or misleading; or (ii) was obtained or made in another improper way.\n- (i) is false or misleading; or\n- (ii) was obtained or made in another improper way.\n- (i) is false or misleading; or\n- (ii) was obtained or made in another improper way.","sortOrder":154},{"sectionNumber":"sec.104","sectionType":"section","heading":"Show cause notice before cancellation of certificate of achievement","content":"### sec.104 Show cause notice before cancellation of certificate of achievement\n\nThis section applies if the chief executive is proposing to cancel a certificate of achievement under section 103 .\nThe chief executive must first give the holder of the certificate of achievement a notice (a show cause notice ) stating—\nthat the chief executive proposes to cancel the certificate of achievement; and\nthe reason for the proposed cancellation; and\nthat the holder may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n(sec.104-ssec.1) This section applies if the chief executive is proposing to cancel a certificate of achievement under section 103 .\n(sec.104-ssec.2) The chief executive must first give the holder of the certificate of achievement a notice (a show cause notice ) stating— that the chief executive proposes to cancel the certificate of achievement; and the reason for the proposed cancellation; and that the holder may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n- (a) that the chief executive proposes to cancel the certificate of achievement; and\n- (b) the reason for the proposed cancellation; and\n- (c) that the holder may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.","sortOrder":155},{"sectionNumber":"sec.105","sectionType":"section","heading":"Decision about cancellation after show cause notice","content":"### sec.105 Decision about cancellation after show cause notice\n\nAfter considering any written response from the holder of the certificate of achievement received within the time stated in the show cause notice under section 104 (2) (c) , the chief executive must—\ndecide whether to cancel the certificate; and\ngive the holder—\nif the chief executive decides not to cancel the certificate—written notice of the decision; or\nif the chief executive decides to cancel the certificate—written notice of the decision, including the reasons for the decision.\nIf the chief executive cancels the certificate of achievement, the cancellation takes effect from the day written notice of the decision is given to the holder of the certificate.\nAlso, if the chief executive cancels the certificate, the chief executive—\nmust notify the cancellation on the department’s website; and\nmay, by signed notice to the person to whom the certificate was issued, require the person to return it to the chief executive within the time stated in the notice.\nThe person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —40 penalty units.\n(sec.105-ssec.1) After considering any written response from the holder of the certificate of achievement received within the time stated in the show cause notice under section 104 (2) (c) , the chief executive must— decide whether to cancel the certificate; and give the holder— if the chief executive decides not to cancel the certificate—written notice of the decision; or if the chief executive decides to cancel the certificate—written notice of the decision, including the reasons for the decision.\n(sec.105-ssec.2) If the chief executive cancels the certificate of achievement, the cancellation takes effect from the day written notice of the decision is given to the holder of the certificate.\n(sec.105-ssec.3) Also, if the chief executive cancels the certificate, the chief executive— must notify the cancellation on the department’s website; and may, by signed notice to the person to whom the certificate was issued, require the person to return it to the chief executive within the time stated in the notice.\n(sec.105-ssec.4) The person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse. Maximum penalty for subsection (4) —40 penalty units.\n- (a) decide whether to cancel the certificate; and\n- (b) give the holder— (i) if the chief executive decides not to cancel the certificate—written notice of the decision; or (ii) if the chief executive decides to cancel the certificate—written notice of the decision, including the reasons for the decision.\n- (i) if the chief executive decides not to cancel the certificate—written notice of the decision; or\n- (ii) if the chief executive decides to cancel the certificate—written notice of the decision, including the reasons for the decision.\n- (i) if the chief executive decides not to cancel the certificate—written notice of the decision; or\n- (ii) if the chief executive decides to cancel the certificate—written notice of the decision, including the reasons for the decision.\n- (a) must notify the cancellation on the department’s website; and\n- (b) may, by signed notice to the person to whom the certificate was issued, require the person to return it to the chief executive within the time stated in the notice.","sortOrder":156},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Provision of departmental employment skills development programs","content":"# Provision of departmental employment skills development programs","sortOrder":157},{"sectionNumber":"sec.106","sectionType":"section","heading":"Chief executive may provide employment skills development programs","content":"### sec.106 Chief executive may provide employment skills development programs\n\nThe chief executive may provide departmental employment skills development programs to meet the needs of young people in the compulsory participation phase.","sortOrder":158},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Recognising non-departmental employment skills development programs","content":"# Recognising non-departmental employment skills development programs","sortOrder":159},{"sectionNumber":"sec.107","sectionType":"section","heading":"Application for recognition of non-departmental employment skills development program","content":"### sec.107 Application for recognition of non-departmental employment skills development program\n\nA person may apply in the approved form to the chief executive for recognition of a non-departmental employment skills development program delivered by the person.\nThe application must be accompanied by evidence that the program meets the requirements stated in the Principles for Employment Skills Development Programs issued by the chief executive and published on the department’s website.\nA young person may participate in a non-departmental employment skills development program to fulfil the obligations under sections 239 and 240 of the Education (General Provisions) Act 2006 .\n(sec.107-ssec.1) A person may apply in the approved form to the chief executive for recognition of a non-departmental employment skills development program delivered by the person.\n(sec.107-ssec.2) The application must be accompanied by evidence that the program meets the requirements stated in the Principles for Employment Skills Development Programs issued by the chief executive and published on the department’s website. A young person may participate in a non-departmental employment skills development program to fulfil the obligations under sections 239 and 240 of the Education (General Provisions) Act 2006 .","sortOrder":160},{"sectionNumber":"sec.108","sectionType":"section","heading":"Decision on application for recognition of non-departmental employment skills development program","content":"### sec.108 Decision on application for recognition of non-departmental employment skills development program\n\nThe chief executive must decide an application made under section 107 .\nThe chief executive may recognise the non-departmental employment skills development program only if the chief executive is reasonably satisfied the program meets the requirements stated in the Principles for Employment Skills Development Programs issued by the chief executive and published on the department’s website.\nIf the chief executive decides to grant the application, the chief executive must immediately give the applicant written notice of the decision.\nIf the chief executive decides not to grant the application, the chief executive must immediately give the applicant an information notice for the decision.\nIf the chief executive fails to decide the application within 6 months after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.\n(sec.108-ssec.1) The chief executive must decide an application made under section 107 .\n(sec.108-ssec.2) The chief executive may recognise the non-departmental employment skills development program only if the chief executive is reasonably satisfied the program meets the requirements stated in the Principles for Employment Skills Development Programs issued by the chief executive and published on the department’s website.\n(sec.108-ssec.3) If the chief executive decides to grant the application, the chief executive must immediately give the applicant written notice of the decision.\n(sec.108-ssec.4) If the chief executive decides not to grant the application, the chief executive must immediately give the applicant an information notice for the decision.\n(sec.108-ssec.5) If the chief executive fails to decide the application within 6 months after receiving it, the failure is taken to be a decision by the chief executive not to grant the application.","sortOrder":161},{"sectionNumber":"sec.109","sectionType":"section","heading":"Chief executive must maintain register","content":"### sec.109 Chief executive must maintain register\n\nThe chief executive must maintain a register of non-departmental employment skills development programs recognised under section 108 .","sortOrder":162},{"sectionNumber":"sec.110","sectionType":"section","heading":"Withdrawal of recognition of non-departmental employment skills development program","content":"### sec.110 Withdrawal of recognition of non-departmental employment skills development program\n\nThe chief executive may withdraw recognition of a non-departmental employment skills development program—\nat the request of the person who delivers the program; or\non the chief executive’s own initiative.\n- (a) at the request of the person who delivers the program; or\n- (b) on the chief executive’s own initiative.","sortOrder":163},{"sectionNumber":"sec.111","sectionType":"section","heading":"Show cause notice before cancellation of recognition","content":"### sec.111 Show cause notice before cancellation of recognition\n\nThis section applies if the chief executive is proposing to withdraw recognition of a non-departmental employment skills development program on the chief executive’s own initiative under section 110 .\nThe chief executive must first give the person who delivers the program a notice (a show cause notice ) stating—\nthat the chief executive proposes to withdraw recognition for the program; and\nthe reason for the proposed withdrawal of recognition; and\nthat the person may, within 14 days after the notice is given, give the chief executive a written response to the proposed withdrawal.\n(sec.111-ssec.1) This section applies if the chief executive is proposing to withdraw recognition of a non-departmental employment skills development program on the chief executive’s own initiative under section 110 .\n(sec.111-ssec.2) The chief executive must first give the person who delivers the program a notice (a show cause notice ) stating— that the chief executive proposes to withdraw recognition for the program; and the reason for the proposed withdrawal of recognition; and that the person may, within 14 days after the notice is given, give the chief executive a written response to the proposed withdrawal.\n- (a) that the chief executive proposes to withdraw recognition for the program; and\n- (b) the reason for the proposed withdrawal of recognition; and\n- (c) that the person may, within 14 days after the notice is given, give the chief executive a written response to the proposed withdrawal.","sortOrder":164},{"sectionNumber":"sec.112","sectionType":"section","heading":"Decision about cancellation after show cause notice","content":"### sec.112 Decision about cancellation after show cause notice\n\nAfter considering any written response from the person who delivers the non-departmental employment skills development program received within the time stated in the show cause notice under section 111 (2) (c) , the chief executive must—\ndecide whether to withdraw recognition of the program; and\ngive the person who delivers the program—\nif the chief executive decides not to withdraw recognition—written notice of the decision; or\nif the chief executive decides to withdraw recognition—an information notice for the decision.\nIf the chief executive withdraws recognition, the withdrawal of recognition takes effect from the day the information notice is given.\nAlso, if the chief executive withdraws recognition, the chief executive must remove the program from the register of non-departmental employment skills development programs kept under section 109 .\n(sec.112-ssec.1) After considering any written response from the person who delivers the non-departmental employment skills development program received within the time stated in the show cause notice under section 111 (2) (c) , the chief executive must— decide whether to withdraw recognition of the program; and give the person who delivers the program— if the chief executive decides not to withdraw recognition—written notice of the decision; or if the chief executive decides to withdraw recognition—an information notice for the decision.\n(sec.112-ssec.2) If the chief executive withdraws recognition, the withdrawal of recognition takes effect from the day the information notice is given.\n(sec.112-ssec.3) Also, if the chief executive withdraws recognition, the chief executive must remove the program from the register of non-departmental employment skills development programs kept under section 109 .\n- (a) decide whether to withdraw recognition of the program; and\n- (b) give the person who delivers the program— (i) if the chief executive decides not to withdraw recognition—written notice of the decision; or (ii) if the chief executive decides to withdraw recognition—an information notice for the decision.\n- (i) if the chief executive decides not to withdraw recognition—written notice of the decision; or\n- (ii) if the chief executive decides to withdraw recognition—an information notice for the decision.\n- (i) if the chief executive decides not to withdraw recognition—written notice of the decision; or\n- (ii) if the chief executive decides to withdraw recognition—an information notice for the decision.","sortOrder":165},{"sectionNumber":"ch.4A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":166},{"sectionNumber":"sec.112A","sectionType":"section","heading":"Definitions for ch 4A","content":"### sec.112A Definitions for ch 4A\n\nIn this chapter—\ncomplainant means a person who gives the training ombudsman a complaint about a referable matter.\ncompliance matter means a matter about compliance with this Act by an apprentice, trainee, employer or supervising registered training organisation.\nnotice means a written notice.\noffice means the office of the training ombudsman established under section 112B (2) .\npre-qualified supplier means a registered training organisation that has entered into a current Vocational Education and Training Pre-Qualified Supplier Agreement with the department.\nprescribed decision means a decision of the chief executive under any of the following sections—\nsection 17 (2) ;\nsection 20 (8) ;\nsection 23 (6) ;\nsection 47 (1) ;\nsection 50 (2) ;\nsection 101 (1) .\ns 112A def prescribed decision amd 2019 No. 33 s 23\nreferable matter , for a complaint, see section 112D (1) (a) .\nreferral entity , for a complaint, means an entity other than the chief executive, whose functions include dealing with a matter the subject of the complaint.\ns 112A ins 2016 No. 7 s 5\n- (a) section 17 (2) ;\n- (b) section 20 (8) ;\n- (c) section 23 (6) ;\n- (d) section 47 (1) ;\n- (e) section 50 (2) ;\n- (f) section 101 (1) .","sortOrder":167},{"sectionNumber":"ch.4A-pt.2","sectionType":"part","heading":"Training ombudsman and office of the training ombudsman","content":"# Training ombudsman and office of the training ombudsman","sortOrder":168},{"sectionNumber":"ch.4A-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":169},{"sectionNumber":"sec.112B","sectionType":"section","heading":"Training ombudsman and office","content":"### sec.112B Training ombudsman and office\n\nThere must be a training ombudsman.\nAn office called the office of the training ombudsman is established.\nThe office consists of the training ombudsman and the staff of the office.\ns 112B ins 2016 No. 7 s 5\n(sec.112B-ssec.1) There must be a training ombudsman.\n(sec.112B-ssec.2) An office called the office of the training ombudsman is established.\n(sec.112B-ssec.3) The office consists of the training ombudsman and the staff of the office.","sortOrder":170},{"sectionNumber":"sec.112C","sectionType":"section","heading":"Control of the office","content":"### sec.112C Control of the office\n\nThe training ombudsman controls the office.\nSubsection (1) does not prevent the office being attached to the department to ensure the office has the administrative support services it requires to carry out the training ombudsman’s functions.\ns 112C ins 2016 No. 7 s 5\n(sec.112C-ssec.1) The training ombudsman controls the office.\n(sec.112C-ssec.2) Subsection (1) does not prevent the office being attached to the department to ensure the office has the administrative support services it requires to carry out the training ombudsman’s functions.","sortOrder":171},{"sectionNumber":"ch.4A-pt.2-div.2","sectionType":"division","heading":"Functions and powers of training ombudsman","content":"## Functions and powers of training ombudsman","sortOrder":172},{"sectionNumber":"sec.112D","sectionType":"section","heading":"Functions of training ombudsman","content":"### sec.112D Functions of training ombudsman\n\nThe training ombudsman has the following functions—\nto receive complaints about any of the following matters (each a referable matter )—\nthe provision of vocational education and training by a relevant training entity in Queensland;\nthe quality of vocational education and training provided by a relevant training entity in Queensland;\na matter relating to an apprenticeship or traineeship in Queensland, including a decision by the chief executive about a training contract or the declaration of, or nominal term for, an apprenticeship or traineeship;\na compliance matter or a prescribed decision;\na matter involving a pre-qualified supplier;\nto help people in making complaints to a referral entity;\nto refer complaints to a referral entity or otherwise deal with complaints under this Act;\nto give information or advice to a complainant about the complainant’s complaint;\nto monitor the outcome of complaints;\nto make recommendations to the chief executive about apprenticeships and traineeships, including the declaration of, or nominal term for, an apprenticeship or traineeship;\nto identify, and report to the Minister about, issues relating to the provision of vocational education and training in Queensland and its quality;\nto make recommendations to the Minister about—\nways to improve the department’s systems, policies and processes relating to pre-qualified suppliers and supervising registered training organisations; and\nmatters relating to apprenticeships and traineeships in Queensland; and\nstrategies to improve the quality of vocational education and training in Queensland;\nto carry out promotional and educational activities relating to the role of the training ombudsman, particularly in relation to the provision and quality of vocational education and training in Queensland;\nto undertake or promote reviews of, or research into, matters relating to the training ombudsman’s functions, including reviews or research requested by the Minister;\nother functions conferred on the training ombudsman under this Act or another Act.\nIn this section—\nrelevant training entity means—\na registered training organisation; or\na supervising registered training organisation; or\nan employer employing an apprentice or trainee.\ns 112D ins 2016 No. 7 s 5\n(sec.112D-ssec.1) The training ombudsman has the following functions— to receive complaints about any of the following matters (each a referable matter )— the provision of vocational education and training by a relevant training entity in Queensland; the quality of vocational education and training provided by a relevant training entity in Queensland; a matter relating to an apprenticeship or traineeship in Queensland, including a decision by the chief executive about a training contract or the declaration of, or nominal term for, an apprenticeship or traineeship; a compliance matter or a prescribed decision; a matter involving a pre-qualified supplier; to help people in making complaints to a referral entity; to refer complaints to a referral entity or otherwise deal with complaints under this Act; to give information or advice to a complainant about the complainant’s complaint; to monitor the outcome of complaints; to make recommendations to the chief executive about apprenticeships and traineeships, including the declaration of, or nominal term for, an apprenticeship or traineeship; to identify, and report to the Minister about, issues relating to the provision of vocational education and training in Queensland and its quality; to make recommendations to the Minister about— ways to improve the department’s systems, policies and processes relating to pre-qualified suppliers and supervising registered training organisations; and matters relating to apprenticeships and traineeships in Queensland; and strategies to improve the quality of vocational education and training in Queensland; to carry out promotional and educational activities relating to the role of the training ombudsman, particularly in relation to the provision and quality of vocational education and training in Queensland; to undertake or promote reviews of, or research into, matters relating to the training ombudsman’s functions, including reviews or research requested by the Minister; other functions conferred on the training ombudsman under this Act or another Act.\n(sec.112D-ssec.2) In this section— relevant training entity means— a registered training organisation; or a supervising registered training organisation; or an employer employing an apprentice or trainee.\n- (a) to receive complaints about any of the following matters (each a referable matter )— (i) the provision of vocational education and training by a relevant training entity in Queensland; (ii) the quality of vocational education and training provided by a relevant training entity in Queensland; (iii) a matter relating to an apprenticeship or traineeship in Queensland, including a decision by the chief executive about a training contract or the declaration of, or nominal term for, an apprenticeship or traineeship; (iv) a compliance matter or a prescribed decision; (v) a matter involving a pre-qualified supplier;\n- (i) the provision of vocational education and training by a relevant training entity in Queensland;\n- (ii) the quality of vocational education and training provided by a relevant training entity in Queensland;\n- (iii) a matter relating to an apprenticeship or traineeship in Queensland, including a decision by the chief executive about a training contract or the declaration of, or nominal term for, an apprenticeship or traineeship;\n- (iv) a compliance matter or a prescribed decision;\n- (v) a matter involving a pre-qualified supplier;\n- (b) to help people in making complaints to a referral entity;\n- (c) to refer complaints to a referral entity or otherwise deal with complaints under this Act;\n- (d) to give information or advice to a complainant about the complainant’s complaint;\n- (e) to monitor the outcome of complaints;\n- (f) to make recommendations to the chief executive about apprenticeships and traineeships, including the declaration of, or nominal term for, an apprenticeship or traineeship;\n- (g) to identify, and report to the Minister about, issues relating to the provision of vocational education and training in Queensland and its quality;\n- (h) to make recommendations to the Minister about— (i) ways to improve the department’s systems, policies and processes relating to pre-qualified suppliers and supervising registered training organisations; and (ii) matters relating to apprenticeships and traineeships in Queensland; and (iii) strategies to improve the quality of vocational education and training in Queensland;\n- (i) ways to improve the department’s systems, policies and processes relating to pre-qualified suppliers and supervising registered training organisations; and\n- (ii) matters relating to apprenticeships and traineeships in Queensland; and\n- (iii) strategies to improve the quality of vocational education and training in Queensland;\n- (i) to carry out promotional and educational activities relating to the role of the training ombudsman, particularly in relation to the provision and quality of vocational education and training in Queensland;\n- (j) to undertake or promote reviews of, or research into, matters relating to the training ombudsman’s functions, including reviews or research requested by the Minister;\n- (k) other functions conferred on the training ombudsman under this Act or another Act.\n- (i) the provision of vocational education and training by a relevant training entity in Queensland;\n- (ii) the quality of vocational education and training provided by a relevant training entity in Queensland;\n- (iii) a matter relating to an apprenticeship or traineeship in Queensland, including a decision by the chief executive about a training contract or the declaration of, or nominal term for, an apprenticeship or traineeship;\n- (iv) a compliance matter or a prescribed decision;\n- (v) a matter involving a pre-qualified supplier;\n- (i) ways to improve the department’s systems, policies and processes relating to pre-qualified suppliers and supervising registered training organisations; and\n- (ii) matters relating to apprenticeships and traineeships in Queensland; and\n- (iii) strategies to improve the quality of vocational education and training in Queensland;\n- (a) a registered training organisation; or\n- (b) a supervising registered training organisation; or\n- (c) an employer employing an apprentice or trainee.","sortOrder":173},{"sectionNumber":"sec.112E","sectionType":"section","heading":"Powers of training ombudsman","content":"### sec.112E Powers of training ombudsman\n\nThe training ombudsman has power to do all things necessary or convenient to be done for, or in connection with, the performance of the training ombudsman’s functions.\ns 112E ins 2016 No. 7 s 5","sortOrder":174},{"sectionNumber":"ch.4A-pt.2-div.3","sectionType":"division","heading":"Dealing with complaints","content":"## Dealing with complaints","sortOrder":175},{"sectionNumber":"sec.112F","sectionType":"section","heading":"Training ombudsman may refuse to deal with \tparticular complaint","content":"### sec.112F Training ombudsman may refuse to deal with \tparticular complaint\n\nThe training ombudsman may refuse to deal, or to continue to deal, with a complaint if—\nthe circumstances giving rise to the referable matter for the complaint happened more than 12 months before the complaint was made; or\nthe training ombudsman reasonably believes—\nthe complaint is frivolous or vexatious; or\nthe complaint lacks substance; or\nthe complainant does not have a sufficient interest in the matter raised in the complaint; or\nthat, having regard to all the circumstances of the case, dealing with, or continuing to deal with, the matter raised in the complaint is unnecessary or unjustifiable.\nHowever, if the training ombudsman refuses to deal, or to continue to deal, with a complaint under subsection (1) , the training ombudsman is not prevented from—\nidentifying issues relating to the referable matter for the complaint; and\nmaking a recommendation to the Minister about the identified issues.\nIf the training ombudsman decides to refuse to deal, or to continue to deal, with a complaint, the training ombudsman must, as soon as practicable after making the decision, give the complainant notice of—\nthe decision; and\nthe reasons for the decision.\ns 112F ins 2016 No. 7 s 5\n(sec.112F-ssec.1) The training ombudsman may refuse to deal, or to continue to deal, with a complaint if— the circumstances giving rise to the referable matter for the complaint happened more than 12 months before the complaint was made; or the training ombudsman reasonably believes— the complaint is frivolous or vexatious; or the complaint lacks substance; or the complainant does not have a sufficient interest in the matter raised in the complaint; or that, having regard to all the circumstances of the case, dealing with, or continuing to deal with, the matter raised in the complaint is unnecessary or unjustifiable.\n(sec.112F-ssec.2) However, if the training ombudsman refuses to deal, or to continue to deal, with a complaint under subsection (1) , the training ombudsman is not prevented from— identifying issues relating to the referable matter for the complaint; and making a recommendation to the Minister about the identified issues.\n(sec.112F-ssec.3) If the training ombudsman decides to refuse to deal, or to continue to deal, with a complaint, the training ombudsman must, as soon as practicable after making the decision, give the complainant notice of— the decision; and the reasons for the decision.\n- (a) the circumstances giving rise to the referable matter for the complaint happened more than 12 months before the complaint was made; or\n- (b) the training ombudsman reasonably believes— (i) the complaint is frivolous or vexatious; or (ii) the complaint lacks substance; or (iii) the complainant does not have a sufficient interest in the matter raised in the complaint; or (iv) that, having regard to all the circumstances of the case, dealing with, or continuing to deal with, the matter raised in the complaint is unnecessary or unjustifiable.\n- (i) the complaint is frivolous or vexatious; or\n- (ii) the complaint lacks substance; or\n- (iii) the complainant does not have a sufficient interest in the matter raised in the complaint; or\n- (iv) that, having regard to all the circumstances of the case, dealing with, or continuing to deal with, the matter raised in the complaint is unnecessary or unjustifiable.\n- (i) the complaint is frivolous or vexatious; or\n- (ii) the complaint lacks substance; or\n- (iii) the complainant does not have a sufficient interest in the matter raised in the complaint; or\n- (iv) that, having regard to all the circumstances of the case, dealing with, or continuing to deal with, the matter raised in the complaint is unnecessary or unjustifiable.\n- (a) identifying issues relating to the referable matter for the complaint; and\n- (b) making a recommendation to the Minister about the identified issues.\n- (a) the decision; and\n- (b) the reasons for the decision.","sortOrder":176},{"sectionNumber":"sec.112G","sectionType":"section","heading":"Training ombudsman to refuse to deal with complaint subject of review or appeal","content":"### sec.112G Training ombudsman to refuse to deal with complaint subject of review or appeal\n\nThe training ombudsman must refuse to deal, or to continue to deal, with a complaint if—\nthe referable matter for the complaint is a decision that—\nis the subject of an application for review under the QCAT Act ; or\nhas been reviewed by QCAT; or\nan appeal is started in the industrial relations commission or the industrial court about the referable matter for the complaint; or\nthe industrial relations commission or industrial court makes a decision on an appeal about the referable matter for the complaint.\ns 112G ins 2016 No. 7 s 5\n- (a) the referable matter for the complaint is a decision that— (i) is the subject of an application for review under the QCAT Act ; or (ii) has been reviewed by QCAT; or\n- (i) is the subject of an application for review under the QCAT Act ; or\n- (ii) has been reviewed by QCAT; or\n- (b) an appeal is started in the industrial relations commission or the industrial court about the referable matter for the complaint; or\n- (c) the industrial relations commission or industrial court makes a decision on an appeal about the referable matter for the complaint.\n- (i) is the subject of an application for review under the QCAT Act ; or\n- (ii) has been reviewed by QCAT; or","sortOrder":177},{"sectionNumber":"sec.112H","sectionType":"section","heading":"Referral of complaint to chief executive","content":"### sec.112H Referral of complaint to chief executive\n\nThis section applies to a complaint about—\na compliance matter; or\na matter involving a pre-qualified supplier.\nThe training ombudsman must refer the complaint to the chief executive to investigate unless—\nthe training ombudsman refuses to deal with the complaint under section 112F or 112G ; or\nboth of the following apply—\nthe complainant has previously made the complaint, or a substantially similar complaint, to the chief executive;\nthe chief executive has investigated the complaint.\nOn referral of the complaint, the chief executive must investigate the complaint.\nAs soon as practicable after ceasing to deal with the complaint, the chief executive must give the complainant and the training ombudsman a written report about the findings of the investigation.\nThe report must include details of action taken, or proposed to be taken, in relation to the complaint.\ns 112H ins 2016 No. 7 s 5\n(sec.112H-ssec.1) This section applies to a complaint about— a compliance matter; or a matter involving a pre-qualified supplier.\n(sec.112H-ssec.2) The training ombudsman must refer the complaint to the chief executive to investigate unless— the training ombudsman refuses to deal with the complaint under section 112F or 112G ; or both of the following apply— the complainant has previously made the complaint, or a substantially similar complaint, to the chief executive; the chief executive has investigated the complaint.\n(sec.112H-ssec.3) On referral of the complaint, the chief executive must investigate the complaint.\n(sec.112H-ssec.4) As soon as practicable after ceasing to deal with the complaint, the chief executive must give the complainant and the training ombudsman a written report about the findings of the investigation.\n(sec.112H-ssec.5) The report must include details of action taken, or proposed to be taken, in relation to the complaint.\n- (a) a compliance matter; or\n- (b) a matter involving a pre-qualified supplier.\n- (a) the training ombudsman refuses to deal with the complaint under section 112F or 112G ; or\n- (b) both of the following apply— (i) the complainant has previously made the complaint, or a substantially similar complaint, to the chief executive; (ii) the chief executive has investigated the complaint.\n- (i) the complainant has previously made the complaint, or a substantially similar complaint, to the chief executive;\n- (ii) the chief executive has investigated the complaint.\n- (i) the complainant has previously made the complaint, or a substantially similar complaint, to the chief executive;\n- (ii) the chief executive has investigated the complaint.","sortOrder":178},{"sectionNumber":"sec.112I","sectionType":"section","heading":"Complainant may ask training ombudsman to further deal with complaint","content":"### sec.112I Complainant may ask training ombudsman to further deal with complaint\n\nThis section applies if—\nthe chief executive investigates a complaint about a compliance matter or a matter involving a pre-qualified supplier; and\nthe person who made the complaint is not satisfied with the outcome of the chief executive’s investigation.\nThe person may ask the training ombudsman to further deal with the complaint.\ns 112I ins 2016 No. 7 s 5\n(sec.112I-ssec.1) This section applies if— the chief executive investigates a complaint about a compliance matter or a matter involving a pre-qualified supplier; and the person who made the complaint is not satisfied with the outcome of the chief executive’s investigation.\n(sec.112I-ssec.2) The person may ask the training ombudsman to further deal with the complaint.\n- (a) the chief executive investigates a complaint about a compliance matter or a matter involving a pre-qualified supplier; and\n- (b) the person who made the complaint is not satisfied with the outcome of the chief executive’s investigation.","sortOrder":179},{"sectionNumber":"sec.112J","sectionType":"section","heading":"Assessment of, and recommendations about, particular complaints","content":"### sec.112J Assessment of, and recommendations about, particular complaints\n\nThis section applies if, under section 112I , a complainant asks the training ombudsman to further deal with a complaint.\nThe training ombudsman must—\ngive the chief executive notice of the request; and\nassess the complaint and the chief executive’s investigation of the complaint unless the training ombudsman refuses to further deal with the complaint under section 112F or 112G .\nAs soon as practicable after completing an assessment, the training ombudsman must give the complainant and the chief executive a written report about the assessment.\nThe report—\nmust include the training ombudsman’s findings of the assessment; and\nmay include any recommendations about the complaint the training ombudsman considers appropriate.\nIf the report includes a recommendation, the training ombudsman may ask the chief executive to notify the training ombudsman, within a stated period, of—\nthe steps that have been or are proposed to be taken to give effect to the recommendation; or\nif no steps have been, or are proposed to be, taken to give effect to the recommendation, the reasons for not taking the steps.\ns 112J ins 2016 No. 7 s 5\n(sec.112J-ssec.1) This section applies if, under section 112I , a complainant asks the training ombudsman to further deal with a complaint.\n(sec.112J-ssec.2) The training ombudsman must— give the chief executive notice of the request; and assess the complaint and the chief executive’s investigation of the complaint unless the training ombudsman refuses to further deal with the complaint under section 112F or 112G .\n(sec.112J-ssec.3) As soon as practicable after completing an assessment, the training ombudsman must give the complainant and the chief executive a written report about the assessment.\n(sec.112J-ssec.4) The report— must include the training ombudsman’s findings of the assessment; and may include any recommendations about the complaint the training ombudsman considers appropriate.\n(sec.112J-ssec.5) If the report includes a recommendation, the training ombudsman may ask the chief executive to notify the training ombudsman, within a stated period, of— the steps that have been or are proposed to be taken to give effect to the recommendation; or if no steps have been, or are proposed to be, taken to give effect to the recommendation, the reasons for not taking the steps.\n- (a) give the chief executive notice of the request; and\n- (b) assess the complaint and the chief executive’s investigation of the complaint unless the training ombudsman refuses to further deal with the complaint under section 112F or 112G .\n- (a) must include the training ombudsman’s findings of the assessment; and\n- (b) may include any recommendations about the complaint the training ombudsman considers appropriate.\n- (a) the steps that have been or are proposed to be taken to give effect to the recommendation; or\n- (b) if no steps have been, or are proposed to be, taken to give effect to the recommendation, the reasons for not taking the steps.","sortOrder":180},{"sectionNumber":"sec.112K","sectionType":"section","heading":"Assessment of, and recommendations about, prescribed decisions","content":"### sec.112K Assessment of, and recommendations about, prescribed decisions\n\nThis section applies if the training ombudsman receives a complaint about a prescribed decision.\nThe training ombudsman must—\ngive the chief executive notice of the complaint; and\nassess the complaint unless the training ombudsman refuses to deal with the complaint under section 112F or 112G .\nAs soon as practicable after completing an assessment, the training ombudsman must give the complainant and the chief executive a written report about the assessment.\nThe report—\nmust include the training ombudsman’s findings of the assessment; and\nmay include any recommendations about the complaint the training ombudsman considers appropriate.\nIf the report includes a recommendation, the training ombudsman may ask the chief executive to notify the training ombudsman, within a stated period, of—\nthe steps that have been or are proposed to be taken in relation to the recommendation; or\nif no steps have been, or are proposed to be, taken to give effect to the recommendation, the reasons for not taking the steps.\ns 112K ins 2016 No. 7 s 5\n(sec.112K-ssec.1) This section applies if the training ombudsman receives a complaint about a prescribed decision.\n(sec.112K-ssec.2) The training ombudsman must— give the chief executive notice of the complaint; and assess the complaint unless the training ombudsman refuses to deal with the complaint under section 112F or 112G .\n(sec.112K-ssec.3) As soon as practicable after completing an assessment, the training ombudsman must give the complainant and the chief executive a written report about the assessment.\n(sec.112K-ssec.4) The report— must include the training ombudsman’s findings of the assessment; and may include any recommendations about the complaint the training ombudsman considers appropriate.\n(sec.112K-ssec.5) If the report includes a recommendation, the training ombudsman may ask the chief executive to notify the training ombudsman, within a stated period, of— the steps that have been or are proposed to be taken in relation to the recommendation; or if no steps have been, or are proposed to be, taken to give effect to the recommendation, the reasons for not taking the steps.\n- (a) give the chief executive notice of the complaint; and\n- (b) assess the complaint unless the training ombudsman refuses to deal with the complaint under section 112F or 112G .\n- (a) must include the training ombudsman’s findings of the assessment; and\n- (b) may include any recommendations about the complaint the training ombudsman considers appropriate.\n- (a) the steps that have been or are proposed to be taken in relation to the recommendation; or\n- (b) if no steps have been, or are proposed to be, taken to give effect to the recommendation, the reasons for not taking the steps.","sortOrder":181},{"sectionNumber":"sec.112L","sectionType":"section","heading":"Giving information or notice about particular complaints","content":"### sec.112L Giving information or notice about particular complaints\n\nThis section applies if the training ombudsman gives the chief executive a notice under section 112J (2) (a) or 112K (2) (a) .\nThe chief executive must give the training ombudsman—\nif the notice relates to a request to further deal with a complaint—a copy of the information before the chief executive in investigating the complaint; or\nif the notice relates to a complaint about a prescribed decision—a copy of the information before the chief executive in making the decision.\nIf the training ombudsman decides to refuse to deal, or further deal, with the complaint, the training ombudsman must give the chief executive notice of the decision and the reasons for the decision.\ns 112L ins 2016 No. 7 s 5\n(sec.112L-ssec.1) This section applies if the training ombudsman gives the chief executive a notice under section 112J (2) (a) or 112K (2) (a) .\n(sec.112L-ssec.2) The chief executive must give the training ombudsman— if the notice relates to a request to further deal with a complaint—a copy of the information before the chief executive in investigating the complaint; or if the notice relates to a complaint about a prescribed decision—a copy of the information before the chief executive in making the decision.\n(sec.112L-ssec.3) If the training ombudsman decides to refuse to deal, or further deal, with the complaint, the training ombudsman must give the chief executive notice of the decision and the reasons for the decision.\n- (a) if the notice relates to a request to further deal with a complaint—a copy of the information before the chief executive in investigating the complaint; or\n- (b) if the notice relates to a complaint about a prescribed decision—a copy of the information before the chief executive in making the decision.","sortOrder":182},{"sectionNumber":"sec.112M","sectionType":"section","heading":"Training ombudsman may enter into information sharing arrangements","content":"### sec.112M Training ombudsman may enter into information sharing arrangements\n\nThe training ombudsman may enter into an arrangement with a government entity for the purpose of sharing or exchanging any information held by the training ombudsman or the government entity.\nThe information to which the arrangement may relate is limited to information that relates to a complaint about—\na compliance matter; or\na matter involving a pre-qualified supplier; or\na prescribed decision.\nUnder the arrangement, the training ombudsman and government entity are, despite any other Act or law of the State, authorised to—\nrequest and receive information held by the other party to the arrangement; and\ndisclose the information to the other party.\ns 112M ins 2016 No. 7 s 5\n(sec.112M-ssec.1) The training ombudsman may enter into an arrangement with a government entity for the purpose of sharing or exchanging any information held by the training ombudsman or the government entity.\n(sec.112M-ssec.2) The information to which the arrangement may relate is limited to information that relates to a complaint about— a compliance matter; or a matter involving a pre-qualified supplier; or a prescribed decision.\n(sec.112M-ssec.3) Under the arrangement, the training ombudsman and government entity are, despite any other Act or law of the State, authorised to— request and receive information held by the other party to the arrangement; and disclose the information to the other party.\n- (a) a compliance matter; or\n- (b) a matter involving a pre-qualified supplier; or\n- (c) a prescribed decision.\n- (a) request and receive information held by the other party to the arrangement; and\n- (b) disclose the information to the other party.","sortOrder":183},{"sectionNumber":"sec.112N","sectionType":"section","heading":"Power to require information or attendance","content":"### sec.112N Power to require information or attendance\n\nThis section applies if the training ombudsman assesses a complaint under section 112J or 112K .\nThe training ombudsman may, by notice given to a person, require the person to—\ngive the training ombudsman stated information reasonably required for the assessment, at a stated reasonable time and place; or\ncreate, and give the training ombudsman, a document containing information reasonably required for the assessment; or\nattend before the training ombudsman at a stated reasonable time and place to answer questions, or produce documents, reasonably required for the assessment.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\nIn this section—\ninformation includes a document or a copy of a document.\nperson does not include a government entity.\ns 112N ins 2016 No. 7 s 5\n(sec.112N-ssec.1) This section applies if the training ombudsman assesses a complaint under section 112J or 112K .\n(sec.112N-ssec.2) The training ombudsman may, by notice given to a person, require the person to— give the training ombudsman stated information reasonably required for the assessment, at a stated reasonable time and place; or create, and give the training ombudsman, a document containing information reasonably required for the assessment; or attend before the training ombudsman at a stated reasonable time and place to answer questions, or produce documents, reasonably required for the assessment.\n(sec.112N-ssec.3) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.112N-ssec.4) It is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\n(sec.112N-ssec.5) In this section— information includes a document or a copy of a document. person does not include a government entity.\n- (a) give the training ombudsman stated information reasonably required for the assessment, at a stated reasonable time and place; or\n- (b) create, and give the training ombudsman, a document containing information reasonably required for the assessment; or\n- (c) attend before the training ombudsman at a stated reasonable time and place to answer questions, or produce documents, reasonably required for the assessment.","sortOrder":184},{"sectionNumber":"sec.112O","sectionType":"section","heading":"Custody of document given to training ombudsman","content":"### sec.112O Custody of document given to training ombudsman\n\nIf a document or other thing is given to the training ombudsman under this division, the training ombudsman may—\nkeep the document or thing for a reasonable period for assessing the complaint to which the document or thing relates; and\nif it is a document, take extracts from it and make copies of it.\nWhile the training ombudsman has possession of the document or other thing, the training ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the training ombudsman’s possession.\ns 112O ins 2016 No. 7 s 5\n(sec.112O-ssec.1) If a document or other thing is given to the training ombudsman under this division, the training ombudsman may— keep the document or thing for a reasonable period for assessing the complaint to which the document or thing relates; and if it is a document, take extracts from it and make copies of it.\n(sec.112O-ssec.2) While the training ombudsman has possession of the document or other thing, the training ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the training ombudsman’s possession.\n- (a) keep the document or thing for a reasonable period for assessing the complaint to which the document or thing relates; and\n- (b) if it is a document, take extracts from it and make copies of it.","sortOrder":185},{"sectionNumber":"sec.112P","sectionType":"section","heading":"Report containing adverse comment","content":"### sec.112P Report containing adverse comment\n\nThis section applies if the training ombudsman proposes to make an adverse comment about a person in a report under this division.\nThe training ombudsman must not make the proposed adverse comment unless—\nthe training ombudsman gives the person an opportunity to respond to the proposed comment; and\nthe person’s response is fairly stated in the report.\ns 112P ins 2016 No. 7 s 5\n(sec.112P-ssec.1) This section applies if the training ombudsman proposes to make an adverse comment about a person in a report under this division.\n(sec.112P-ssec.2) The training ombudsman must not make the proposed adverse comment unless— the training ombudsman gives the person an opportunity to respond to the proposed comment; and the person’s response is fairly stated in the report.\n- (a) the training ombudsman gives the person an opportunity to respond to the proposed comment; and\n- (b) the person’s response is fairly stated in the report.","sortOrder":186},{"sectionNumber":"ch.4A-pt.3","sectionType":"part","heading":"Minister’s powers","content":"# Minister’s powers","sortOrder":187},{"sectionNumber":"sec.112Q","sectionType":"section","heading":"Minister may refer matters to training ombudsman","content":"### sec.112Q Minister may refer matters to training ombudsman\n\nThe Minister may refer a matter relevant to the training ombudsman’s functions to the training ombudsman and ask the training ombudsman to—\nreview or research the matter; and\ngive the Minister a written report about the review or research, including advice or recommendations about the matter.\nThe training ombudsman must comply with the request.\nThe training ombudsman’s report may include a recommendation about the training ombudsman’s functions.\ns 112Q ins 2016 No. 7 s 5\n(sec.112Q-ssec.1) The Minister may refer a matter relevant to the training ombudsman’s functions to the training ombudsman and ask the training ombudsman to— review or research the matter; and give the Minister a written report about the review or research, including advice or recommendations about the matter.\n(sec.112Q-ssec.2) The training ombudsman must comply with the request.\n(sec.112Q-ssec.3) The training ombudsman’s report may include a recommendation about the training ombudsman’s functions.\n- (a) review or research the matter; and\n- (b) give the Minister a written report about the review or research, including advice or recommendations about the matter.","sortOrder":188},{"sectionNumber":"sec.112R","sectionType":"section","heading":"Minister may give statement of expectations","content":"### sec.112R Minister may give statement of expectations\n\nThe Minister may give the training ombudsman a written statement (a statement of expectations ) stating the Minister’s expectations for the performance of the training ombudsman’s functions.\nA statement of expectations may—\napply for a period stated in the statement; and\ninclude provisions about any of the following—\nthe training ombudsman’s strategic or operational activities;\nreporting to the Minister about the strategic or operational activities;\nthe key priorities, other than the priority to be given to complaints, for the training ombudsman.\nThe training ombudsman must have regard to a statement of expectations in performing the training ombudsman’s functions or exercising the training ombudsman’s powers.\ns 112R ins 2016 No. 7 s 5\n(sec.112R-ssec.1) The Minister may give the training ombudsman a written statement (a statement of expectations ) stating the Minister’s expectations for the performance of the training ombudsman’s functions.\n(sec.112R-ssec.2) A statement of expectations may— apply for a period stated in the statement; and include provisions about any of the following— the training ombudsman’s strategic or operational activities; reporting to the Minister about the strategic or operational activities; the key priorities, other than the priority to be given to complaints, for the training ombudsman.\n(sec.112R-ssec.3) The training ombudsman must have regard to a statement of expectations in performing the training ombudsman’s functions or exercising the training ombudsman’s powers.\n- (a) apply for a period stated in the statement; and\n- (b) include provisions about any of the following— (i) the training ombudsman’s strategic or operational activities; (ii) reporting to the Minister about the strategic or operational activities; (iii) the key priorities, other than the priority to be given to complaints, for the training ombudsman.\n- (i) the training ombudsman’s strategic or operational activities;\n- (ii) reporting to the Minister about the strategic or operational activities;\n- (iii) the key priorities, other than the priority to be given to complaints, for the training ombudsman.\n- (i) the training ombudsman’s strategic or operational activities;\n- (ii) reporting to the Minister about the strategic or operational activities;\n- (iii) the key priorities, other than the priority to be given to complaints, for the training ombudsman.","sortOrder":189},{"sectionNumber":"sec.112S","sectionType":"section","heading":"Minister may request information from training ombudsman","content":"### sec.112S Minister may request information from training ombudsman\n\nThe Minister may, by notice, ask the training ombudsman for information or documents about a matter relevant to the training ombudsman’s functions.\nThe training ombudsman must comply with the request.\ns 112S ins 2016 No. 7 s 5\n(sec.112S-ssec.1) The Minister may, by notice, ask the training ombudsman for information or documents about a matter relevant to the training ombudsman’s functions.\n(sec.112S-ssec.2) The training ombudsman must comply with the request.","sortOrder":190},{"sectionNumber":"ch.4A-pt.4","sectionType":"part","heading":"Administration matters","content":"# Administration matters","sortOrder":191},{"sectionNumber":"ch.4A-pt.4-div.1","sectionType":"division","heading":"Provisions relating to the training ombudsman","content":"## Provisions relating to the training ombudsman","sortOrder":192},{"sectionNumber":"sec.112T","sectionType":"section","heading":"Appointment","content":"### sec.112T Appointment\n\nThe training ombudsman is appointed—\nby the Governor in Council; and\nunder this Act and not under the Public Sector Act 2022 .\ns 112T ins 2016 No. 7 s 5\namd 2022 No. 34 s 365 sch 3\n- (a) by the Governor in Council; and\n- (b) under this Act and not under the Public Sector Act 2022 .","sortOrder":193},{"sectionNumber":"sec.112U","sectionType":"section","heading":"Term of appointment","content":"### sec.112U Term of appointment\n\nThe training ombudsman holds office for the term, not more than 4 years, stated in the training ombudsman’s instrument of appointment.\nThe training ombudsman stops holding office before the end of the term of appointment if the training ombudsman—\nis disqualified under section 112W from continuing as the training ombudsman; or\nresigns under section 112Y ; or\nis removed from office under section 112Z .\ns 112U ins 2016 No. 7 s 5\n(sec.112U-ssec.1) The training ombudsman holds office for the term, not more than 4 years, stated in the training ombudsman’s instrument of appointment.\n(sec.112U-ssec.2) The training ombudsman stops holding office before the end of the term of appointment if the training ombudsman— is disqualified under section 112W from continuing as the training ombudsman; or resigns under section 112Y ; or is removed from office under section 112Z .\n- (a) is disqualified under section 112W from continuing as the training ombudsman; or\n- (b) resigns under section 112Y ; or\n- (c) is removed from office under section 112Z .","sortOrder":194},{"sectionNumber":"sec.112V","sectionType":"section","heading":"Conditions of appointment","content":"### sec.112V Conditions of appointment\n\nThe training ombudsman is to be paid the remuneration and allowances decided by the Governor in Council.\nThe training ombudsman holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\ns 112V ins 2016 No. 7 s 5\n(sec.112V-ssec.1) The training ombudsman is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.112V-ssec.2) The training ombudsman holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":195},{"sectionNumber":"sec.112W","sectionType":"section","heading":"Disqualification as training ombudsman","content":"### sec.112W Disqualification as training ombudsman\n\nA person is disqualified from becoming, or continuing as, the training ombudsman if the person—\nis a member of the Legislative Assembly; or\nis a councillor of a local government; or\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D.6 .\ns 112W ins 2016 No. 7 s 5\namd 2023 No. 23 s 247 sch 1 s 18\n- (a) is a member of the Legislative Assembly; or\n- (b) is a councillor of a local government; or\n- (c) has a conviction, other than a spent conviction, for an indictable offence; or\n- (d) is an insolvent under administration; or\n- (e) is disqualified from managing corporations because of the Corporations Act , part 2D.6 .","sortOrder":196},{"sectionNumber":"sec.112X","sectionType":"section","heading":"Leave of absence","content":"### sec.112X Leave of absence\n\nThe Minister may approve a leave of absence for the training ombudsman.\nThe Minister may appoint another person to act in the office of the training ombudsman during the leave of absence.\nSubsection (2) does not limit the Governor in Council’s powers, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .\ns 112X ins 2016 No. 7 s 5\n(sec.112X-ssec.1) The Minister may approve a leave of absence for the training ombudsman.\n(sec.112X-ssec.2) The Minister may appoint another person to act in the office of the training ombudsman during the leave of absence.\n(sec.112X-ssec.3) Subsection (2) does not limit the Governor in Council’s powers, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .","sortOrder":197},{"sectionNumber":"sec.112Y","sectionType":"section","heading":"Resignation","content":"### sec.112Y Resignation\n\nThe training ombudsman may resign by signed notice given to the Minister.\nThe resignation takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the later day.\ns 112Y ins 2016 No. 7 s 5\n(sec.112Y-ssec.1) The training ombudsman may resign by signed notice given to the Minister.\n(sec.112Y-ssec.2) The resignation takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":198},{"sectionNumber":"sec.112Z","sectionType":"section","heading":"Removal from office","content":"### sec.112Z Removal from office\n\nThe Governor in Council may, on the Minister’s recommendation, remove the training ombudsman from office if the Minister is satisfied the training ombudsman—\nhas engaged in—\ninappropriate or improper conduct in an official capacity; or\ninappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or\ncan not perform the training ombudsman’s functions; or\nhas neglected the training ombudsman’s duties or performed the training ombudsman’s functions incompetently.\ns 112Z ins 2016 No. 7 s 5\n- (a) has engaged in— (i) inappropriate or improper conduct in an official capacity; or (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or\n- (i) inappropriate or improper conduct in an official capacity; or\n- (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or\n- (b) can not perform the training ombudsman’s functions; or\n- (c) has neglected the training ombudsman’s duties or performed the training ombudsman’s functions incompetently.\n- (i) inappropriate or improper conduct in an official capacity; or\n- (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or","sortOrder":199},{"sectionNumber":"sec.112ZA","sectionType":"section","heading":"Delegations","content":"### sec.112ZA Delegations\n\nThe training ombudsman may delegate the training ombudsman’s functions to an appropriately qualified staff member of the office.\nIn this section—\nfunction includes power.\ns 112ZA ins 2016 No. 7 s 5\n(sec.112ZA-ssec.1) The training ombudsman may delegate the training ombudsman’s functions to an appropriately qualified staff member of the office.\n(sec.112ZA-ssec.2) In this section— function includes power.","sortOrder":200},{"sectionNumber":"ch.4A-pt.4-div.2","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":201},{"sectionNumber":"sec.112ZB","sectionType":"section","heading":"Preservation of existing rights and entitlement","content":"### sec.112ZB Preservation of existing rights and entitlement\n\nIf a person appointed as the training ombudsman was, immediately before taking up the appointment, a public service employee—\nthe person is entitled to retain all accrued and accruing rights as if service as the training ombudsman were a continuation of service as a public service employee; and\nthe person keeps all the person’s existing and accruing rights relating to superannuation.\nIf a person is appointed as a public service employee and was, immediately before taking up the appointment, the training ombudsman, the person’s service as training ombudsman is taken to be service as a public service employee.\ns 112ZB ins 2016 No. 7 s 5\namd 2016 No. 64 s 79 sch 1\n(sec.112ZB-ssec.1) If a person appointed as the training ombudsman was, immediately before taking up the appointment, a public service employee— the person is entitled to retain all accrued and accruing rights as if service as the training ombudsman were a continuation of service as a public service employee; and the person keeps all the person’s existing and accruing rights relating to superannuation.\n(sec.112ZB-ssec.2) If a person is appointed as a public service employee and was, immediately before taking up the appointment, the training ombudsman, the person’s service as training ombudsman is taken to be service as a public service employee.\n- (a) the person is entitled to retain all accrued and accruing rights as if service as the training ombudsman were a continuation of service as a public service employee; and\n- (b) the person keeps all the person’s existing and accruing rights relating to superannuation.","sortOrder":202},{"sectionNumber":"sec.112ZC","sectionType":"section","heading":"Criminal history report","content":"### sec.112ZC Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as the training ombudsman, the Minister may ask the commissioner of the police service for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe commissioner of the police service must comply with the request.\nHowever, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\nIn this section—\ncriminal history , for a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\ns 112ZC ins 2016 No. 7 s 5\n(sec.112ZC-ssec.1) To decide if a person is disqualified from becoming or continuing as the training ombudsman, the Minister may ask the commissioner of the police service for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.112ZC-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.112ZC-ssec.3) The commissioner of the police service must comply with the request.\n(sec.112ZC-ssec.4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.112ZC-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.112ZC-ssec.6) In this section— criminal history , for a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":203},{"sectionNumber":"sec.112ZD","sectionType":"section","heading":"Criminal history reports confidential","content":"### sec.112ZD Criminal history reports confidential\n\nThis section applies to a person who possesses a report, or information contained in a report, given under section 112ZC , because the person is or was an officer, employee or agent of the department or the office.\nThe person must not, directly or indirectly, disclose the report or information to any other person unless the disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person is permitted to disclose the report or information to another person—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the disclosure relates consents to the disclosure; or\nif the disclosure is in a form that does not identify the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\ns 112ZD ins 2016 No. 7 s 5\n(sec.112ZD-ssec.1) This section applies to a person who possesses a report, or information contained in a report, given under section 112ZC , because the person is or was an officer, employee or agent of the department or the office.\n(sec.112ZD-ssec.2) The person must not, directly or indirectly, disclose the report or information to any other person unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.112ZD-ssec.3) The person is permitted to disclose the report or information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the disclosure relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under an Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the disclosure relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not identify the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.","sortOrder":204},{"sectionNumber":"sec.112ZE","sectionType":"section","heading":"New convictions must be disclosed","content":"### sec.112ZE New convictions must be disclosed\n\nThis section applies if a person who is the training ombudsman is convicted of an indictable offence during the term of the training ombudsman’s appointment.\nThe person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the Minister.\nMaximum penalty—100 penalty units.\nThe notice must include all of the following—\nthe existence of the conviction;\nwhen the offence was committed;\ndetails adequate to identify the offence;\nthe sentence imposed on the person.\ns 112ZE ins 2016 No. 7 s 5\n(sec.112ZE-ssec.1) This section applies if a person who is the training ombudsman is convicted of an indictable offence during the term of the training ombudsman’s appointment.\n(sec.112ZE-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the Minister. Maximum penalty—100 penalty units.\n(sec.112ZE-ssec.3) The notice must include all of the following— the existence of the conviction; when the offence was committed; details adequate to identify the offence; the sentence imposed on the person.\n- (a) the existence of the conviction;\n- (b) when the offence was committed;\n- (c) details adequate to identify the offence;\n- (d) the sentence imposed on the person.","sortOrder":205},{"sectionNumber":"sec.112ZF","sectionType":"section","heading":"Office not a statutory body for particular Acts","content":"### sec.112ZF Office not a statutory body for particular Acts\n\nTo remove any doubt, it is declared that the office is not a statutory body for the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 .\ns 112ZF ins 2016 No. 7 s 5","sortOrder":206},{"sectionNumber":"sec.112ZG","sectionType":"section","heading":"Staff","content":"### sec.112ZG Staff\n\nThe staff of the office are employed under the Public Sector Act 2022 .\ns 112ZG ins 2016 No. 7 s 5\namd 2022 No. 34 s 365 sch 3","sortOrder":207},{"sectionNumber":"sec.112ZH","sectionType":"section","heading":"Training ombudsman and staff not subject to direction","content":"### sec.112ZH Training ombudsman and staff not subject to direction\n\nSubject to this Act and any other Act or law, the training ombudsman is not subject to direction by any person about the way the training ombudsman performs the training ombudsman’s functions.\nStaff of the office are not subject to direction by any person, other than from within the office, about the way complaints are dealt with.\ns 112ZH ins 2016 No. 7 s 5\n(sec.112ZH-ssec.1) Subject to this Act and any other Act or law, the training ombudsman is not subject to direction by any person about the way the training ombudsman performs the training ombudsman’s functions.\n(sec.112ZH-ssec.2) Staff of the office are not subject to direction by any person, other than from within the office, about the way complaints are dealt with.","sortOrder":208},{"sectionNumber":"sec.112ZI","sectionType":"section","heading":"Annual report","content":"### sec.112ZI Annual report\n\nThe training ombudsman must prepare and give to the Minister, within 3 months after the end of each financial year, a report on the discharge of the training ombudsman’s functions during the financial year.\nThe report must include copies of any notices given to the training ombudsman under section 112S during the financial year to which the report relates.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving the report.\ns 112ZI ins 2016 No. 7 s 5\n(sec.112ZI-ssec.1) The training ombudsman must prepare and give to the Minister, within 3 months after the end of each financial year, a report on the discharge of the training ombudsman’s functions during the financial year.\n(sec.112ZI-ssec.2) The report must include copies of any notices given to the training ombudsman under section 112S during the financial year to which the report relates.\n(sec.112ZI-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving the report.","sortOrder":209},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":210},{"sectionNumber":"sec.113","sectionType":"section","heading":"Definitions for ch 5","content":"### sec.113 Definitions for ch 5\n\nIn this chapter—\ncourt means a Magistrates Court.\ndisposal order see section 156 (2) .\nelectronic document ...\ns 113 def electronic document om 2023 No. 23 s 247 sch 1 s 1\nformer owner see section 151 (1) .\ngeneral power see section 136 (1) .\nhelp requirement see section 137 (1) .\nidentity card , for a provision about inspectors, means an identity card issued under section 119 (1) .\ninspector means a person who holds office under this chapter as an inspector.\nnotice means a written notice.\noccupier , of a place, includes the following—\nif there is more than 1 person who apparently occupies the place—any 1 of the persons;\nany person at the place who is apparently acting with the authority of a person who apparently occupies the place;\nif no-one apparently occupies the place—any person who is an owner of the place.\nof , a place, includes at or on the place.\noffence warning , for a direction or requirement by an inspector, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction is given or of whom the requirement is made not to comply with it.\nowner , for a thing that has been seized under this Act, includes a person who would be entitled to possession of the thing had it not been seized.\npersonal details requirement see section 157 (5) .\nperson in control —\nof a vehicle, includes—\nthe vehicle’s driver or rider; and\nanyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or\nof another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.\nplace includes the following—\npremises;\nvacant land;\na place in Queensland waters;\na place held under more than 1 title or by more than 1 owner;\nthe land or water where a building or structure, or a group of buildings or structures, is situated.\npremises includes—\na building or other structure; and\na part of a building or other structure; and\na caravan or vehicle; and\na cave or tent; and\npremises held under more than 1 title or by more than 1 owner.\npublic place means—\na place, or part of the place—\nthe public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or\na beach, a park, a road\nthe occupier of which allows, whether or not on payment of money, members of the public to enter; or\na saleyard, a showground\na place that is a public place under another Act.\nreasonably suspects means suspects on grounds that are reasonable in the circumstances.\nvehicle —\nmeans a vehicle under the Transport Operations (Road Use Management) Act 1995 ; and\nincludes a vessel under that Act.\n- (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;\n- (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;\n- (c) if no-one apparently occupies the place—any person who is an owner of the place.\n- (a) of a vehicle, includes— (i) the vehicle’s driver or rider; and (ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or\n- (i) the vehicle’s driver or rider; and\n- (ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or\n- (b) of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.\n- (i) the vehicle’s driver or rider; and\n- (ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or\n- (a) premises;\n- (b) vacant land;\n- (c) a place in Queensland waters;\n- (d) a place held under more than 1 title or by more than 1 owner;\n- (e) the land or water where a building or structure, or a group of buildings or structures, is situated.\n- (a) a building or other structure; and\n- (b) a part of a building or other structure; and\n- (c) a caravan or vehicle; and\n- (d) a cave or tent; and\n- (e) premises held under more than 1 title or by more than 1 owner.\n- (a) a place, or part of the place— (i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or Examples of a place that may be a public place under subparagraph (i) — a beach, a park, a road (ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or Examples of a place that may be a public place under subparagraph (ii) — a saleyard, a showground\n- (i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or Examples of a place that may be a public place under subparagraph (i) — a beach, a park, a road\n- (ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or Examples of a place that may be a public place under subparagraph (ii) — a saleyard, a showground\n- (b) a place that is a public place under another Act.\n- (i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or Examples of a place that may be a public place under subparagraph (i) — a beach, a park, a road\n- (ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or Examples of a place that may be a public place under subparagraph (ii) — a saleyard, a showground\n- (a) means a vehicle under the Transport Operations (Road Use Management) Act 1995 ; and\n- (b) includes a vessel under that Act.","sortOrder":211},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"General provisions about inspectors","content":"# General provisions about inspectors","sortOrder":212},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Functions and appointment","content":"## Functions and appointment","sortOrder":213},{"sectionNumber":"sec.114","sectionType":"section","heading":"Functions of inspectors","content":"### sec.114 Functions of inspectors\n\nAn inspector has the following functions—\nto investigate, monitor and enforce compliance with this Act;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\nto facilitate the exercise of powers under this Act.\n- (a) to investigate, monitor and enforce compliance with this Act;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\n- (c) to facilitate the exercise of powers under this Act.","sortOrder":214},{"sectionNumber":"sec.115","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.115 Appointment and qualifications\n\nThe chief executive may, by instrument in writing, appoint any of the following persons as an inspector—\na public service officer of the department;\na person prescribed by regulation.\nHowever, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.115-ssec.1) The chief executive may, by instrument in writing, appoint any of the following persons as an inspector— a public service officer of the department; a person prescribed by regulation.\n(sec.115-ssec.2) However, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service officer of the department;\n- (b) a person prescribed by regulation.","sortOrder":215},{"sectionNumber":"sec.116","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.116 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.116-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.116-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.\n(sec.116-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":216},{"sectionNumber":"sec.117","sectionType":"section","heading":"When office ends","content":"### sec.117 When office ends\n\nThe office of a person as an inspector ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe inspector’s resignation under section 118 takes effect.\nSubsection (1) does not limit the ways the office of a person as an inspector ends.\nIn this section—\ncondition of office means a condition under which the inspector holds office.\n(sec.117-ssec.1) The office of a person as an inspector ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the inspector’s resignation under section 118 takes effect.\n(sec.117-ssec.2) Subsection (1) does not limit the ways the office of a person as an inspector ends.\n(sec.117-ssec.3) In this section— condition of office means a condition under which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the inspector’s resignation under section 118 takes effect.","sortOrder":217},{"sectionNumber":"sec.118","sectionType":"section","heading":"Resignation","content":"### sec.118 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\nHowever, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.\n(sec.118-ssec.1) An inspector may resign by signed notice given to the chief executive.\n(sec.118-ssec.2) However, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.","sortOrder":218},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":219},{"sectionNumber":"sec.119","sectionType":"section","heading":"Issue of identity card","content":"### sec.119 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.119-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.119-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.119-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":220},{"sectionNumber":"sec.120","sectionType":"section","heading":"Production or display of identity card","content":"### sec.120 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 124 (1) (b) .\n(sec.120-ssec.1) In exercising a power in relation to a person in the person’s presence, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.120-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.120-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 124 (1) (b) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":221},{"sectionNumber":"sec.121","sectionType":"section","heading":"Return of identity card","content":"### sec.121 Return of identity card\n\nIf the office of a person as an inspector ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":222},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":223},{"sectionNumber":"sec.122","sectionType":"section","heading":"References to exercise of powers","content":"### sec.122 References to exercise of powers\n\nIf—\na provision of this chapter refers to the exercise of a power by an inspector; and\nthere is no reference to a specific power;\nthe reference is to the exercise of all or any inspectors’ powers under this chapter or a warrant, to the extent the powers are relevant.\n- (a) a provision of this chapter refers to the exercise of a power by an inspector; and\n- (b) there is no reference to a specific power;","sortOrder":224},{"sectionNumber":"sec.123","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.123 Reference to document includes reference to reproductions from electronic document\n\nA reference in this chapter to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":225},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Entry of places by inspectors","content":"# Entry of places by inspectors","sortOrder":226},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Power to enter","content":"## Power to enter","sortOrder":227},{"sectionNumber":"sec.124","sectionType":"section","heading":"General power to enter places","content":"### sec.124 General power to enter places\n\nAn inspector may enter a place if—\nan occupier at the place consents under division 2 to the entry and section 127 has been complied with for the occupier; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 134 has been complied with for the occupier.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.124-ssec.1) An inspector may enter a place if— an occupier at the place consents under division 2 to the entry and section 127 has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 134 has been complied with for the occupier.\n(sec.124-ssec.2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.124-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n- (a) an occupier at the place consents under division 2 to the entry and section 127 has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 134 has been complied with for the occupier.","sortOrder":228},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Entry by consent","content":"## Entry by consent","sortOrder":229},{"sectionNumber":"sec.125","sectionType":"section","heading":"Application of div 2","content":"### sec.125 Application of div 2\n\nThis division applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 124 (1) (a) .","sortOrder":230},{"sectionNumber":"sec.126","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.126 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an inspector may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":231},{"sectionNumber":"sec.127","sectionType":"section","heading":"Matters inspector must tell occupier","content":"### sec.127 Matters inspector must tell occupier\n\nBefore asking for the consent, the inspector must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":232},{"sectionNumber":"sec.128","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.128 Consent acknowledgement\n\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.128-ssec.1) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\n(sec.128-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.128-ssec.3) If the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\n(sec.128-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":233},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Entry under warrant","content":"## Entry under warrant","sortOrder":234},{"sectionNumber":"sec.129","sectionType":"section","heading":"Application for warrant","content":"### sec.129 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe inspector must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.129-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.129-ssec.2) The inspector must prepare a written application that states the grounds on which the warrant is sought.\n(sec.129-ssec.3) The written application must be sworn.\n(sec.129-ssec.4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":235},{"sectionNumber":"sec.130","sectionType":"section","heading":"Issue of warrant","content":"### sec.130 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated inspector or any inspector may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the inspector’s powers; and\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.130-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\n(sec.130-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated inspector or any inspector may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the inspector’s powers; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies; and\n- (b) that a stated inspector or any inspector may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the inspector’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the inspector’s powers; and\n- (c) particulars of the offence that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the day and time of the warrant’s issue; and\n- (i) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the inspector’s powers; and","sortOrder":236},{"sectionNumber":"sec.131","sectionType":"section","heading":"Electronic application","content":"### sec.131 Electronic application\n\nAn application under section 129 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nThe application—\nmay not be made before the inspector prepares the written application under section 129 (2) ; but\nmay be made before the written application is sworn.\n(sec.131-ssec.1) An application under section 129 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.131-ssec.2) The application— may not be made before the inspector prepares the written application under section 129 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) may not be made before the inspector prepares the written application under section 129 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":237},{"sectionNumber":"sec.132","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.132 Additional procedure if electronic application\n\nFor an application made under section 131 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 131 ; and\nthe way the application was made under section 131 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\notherwise—\nthe magistrate must tell the inspector the information mentioned in section 130 (2) ; and\nthe inspector must complete a form of warrant, including by writing on it the information mentioned in section 130 (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 129 (2) and (3) ; and\nif the inspector completed a form of warrant under subsection (2) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant Magistrates Court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 129 .\nIn this section—\nrelevant Magistrates Court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.132-ssec.1) For an application made under section 131 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 131 ; and the way the application was made under section 131 was appropriate.\n(sec.132-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information mentioned in section 130 (2) ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in section 130 (2) provided by the magistrate.\n(sec.132-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.132-ssec.4) The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 129 (2) and (3) ; and if the inspector completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n(sec.132-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant Magistrates Court.\n(sec.132-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.132-ssec.7) This section does not limit section 129 .\n(sec.132-ssec.8) In this section— relevant Magistrates Court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 131 ; and\n- (b) the way the application was made under section 131 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\n- (b) otherwise— (i) the magistrate must tell the inspector the information mentioned in section 130 (2) ; and (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 130 (2) provided by the magistrate.\n- (i) the magistrate must tell the inspector the information mentioned in section 130 (2) ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 130 (2) provided by the magistrate.\n- (i) the magistrate must tell the inspector the information mentioned in section 130 (2) ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 130 (2) provided by the magistrate.\n- (a) the written application complying with section 129 (2) and (3) ; and\n- (b) if the inspector completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant Magistrates Court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":238},{"sectionNumber":"sec.133","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.133 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this division;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 132 (3) .\n(sec.133-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this division; unless the defect affects the substance of the warrant in a material particular.\n(sec.133-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 132 (3) .\n- (a) the warrant; or\n- (b) compliance with this division;","sortOrder":239},{"sectionNumber":"sec.134","sectionType":"section","heading":"Entry procedure","content":"### sec.134 Entry procedure\n\nThis section applies if an inspector is intending to enter a place under a warrant issued under this division.\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\ngive the person a copy of the warrant;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that entry to the place is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 132 (3) .\n(sec.134-ssec.1) This section applies if an inspector is intending to enter a place under a warrant issued under this division.\n(sec.134-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment; give the person a copy of the warrant; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.134-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that entry to the place is required to ensure the execution of the warrant is not frustrated.\n(sec.134-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 132 (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":240},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Other inspector’s powers and related matters","content":"# Other inspector’s powers and related matters","sortOrder":241},{"sectionNumber":"ch.5-pt.4-div.1","sectionType":"division","heading":"General powers of inspectors after entering places","content":"## General powers of inspectors after entering places","sortOrder":242},{"sectionNumber":"sec.135","sectionType":"section","heading":"Application of div 1","content":"### sec.135 Application of div 1\n\nThe powers under this division may be exercised if an inspector enters a place under section 124 (1) (a) or (c) .\nHowever, if the inspector enters under section 124 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\n(sec.135-ssec.1) The powers under this division may be exercised if an inspector enters a place under section 124 (1) (a) or (c) .\n(sec.135-ssec.2) However, if the inspector enters under section 124 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.","sortOrder":243},{"sectionNumber":"sec.136","sectionType":"section","heading":"General powers","content":"### sec.136 General powers\n\nThe inspector may do any of the following (each a general power )—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake for examination a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this division;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe inspector may take a necessary step to allow the exercise of a general power.\nIf the inspector takes a document from the place to copy it, the inspector must copy and return the document to the place as soon as practicable.\nIf the inspector takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the inspector must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.136-ssec.1) The inspector may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at the place; take for examination a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this division; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.136-ssec.2) The inspector may take a necessary step to allow the exercise of a general power.\n(sec.136-ssec.3) If the inspector takes a document from the place to copy it, the inspector must copy and return the document to the place as soon as practicable.\n(sec.136-ssec.4) If the inspector takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the inspector must produce the document and return the article or device to the place as soon as practicable.\n(sec.136-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take for examination a thing, or a sample of or from a thing, at the place;\n- (d) place an identifying mark in or on anything at the place;\n- (e) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (f) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (g) take to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this division;\n- (h) remain at the place for the time necessary to achieve the purpose of the entry.","sortOrder":244},{"sectionNumber":"sec.137","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.137 Power to require reasonable help\n\nThe inspector may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the inspector reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the inspector must give the person an offence warning for the requirement.\n(sec.137-ssec.1) The inspector may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the inspector reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.137-ssec.2) When making the help requirement, the inspector must give the person an offence warning for the requirement.","sortOrder":245},{"sectionNumber":"sec.138","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.138 Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act.\n(sec.138-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.138-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.138-ssec.3) However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act.","sortOrder":246},{"sectionNumber":"ch.5-pt.4-div.2","sectionType":"division","heading":"Seizure and forfeiture","content":"## Seizure and forfeiture","sortOrder":247},{"sectionNumber":"sec.139","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.139 Seizing evidence at a place that may be entered without consent or warrant\n\nAn inspector who enters a place the inspector may enter under this chapter without the consent of an occupier of the place and without a warrant may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.","sortOrder":248},{"sectionNumber":"sec.140","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.140 Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe inspector enters the place after obtaining the consent or under a warrant.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place only if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the inspector enters the place under a warrant, the inspector may seize the evidence for which the warrant was issued.\nThe inspector may also seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nThe inspector may also seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n(sec.140-ssec.1) This section applies if— an inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the inspector enters the place after obtaining the consent or under a warrant.\n(sec.140-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place only if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.140-ssec.3) If the inspector enters the place under a warrant, the inspector may seize the evidence for which the warrant was issued.\n(sec.140-ssec.4) The inspector may also seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.140-ssec.5) The inspector may also seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n- (a) an inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the inspector enters the place after obtaining the consent or under a warrant.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":249},{"sectionNumber":"sec.141","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.141 Seizure of property subject to security\n\nAn inspector may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting for the inspector.\n(sec.141-ssec.1) An inspector may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\n(sec.141-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting for the inspector.","sortOrder":250},{"sectionNumber":"sec.142","sectionType":"section","heading":"Requirement of person in control of thing to be seized","content":"### sec.142 Requirement of person in control of thing to be seized\n\nTo enable a thing to be seized, an inspector may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a stated reasonable period.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.142-ssec.1) To enable a thing to be seized, an inspector may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a stated reasonable period.\n(sec.142-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a stated reasonable period.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":251},{"sectionNumber":"sec.143","sectionType":"section","heading":"Offence to contravene seizure requirement","content":"### sec.143 Offence to contravene seizure requirement\n\nA person of whom a requirement is made under section 142 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":252},{"sectionNumber":"sec.144","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.144 Power to secure seized thing\n\nHaving seized a thing under this division, an inspector may—\nleave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove it from the place of seizure.\nFor subsection (1) (a) , the inspector may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\nmake it inoperable by dismantling it or removing a component without which the equipment can not be used\nrequire a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n(sec.144-ssec.1) Having seized a thing under this division, an inspector may— leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.\n(sec.144-ssec.2) For subsection (1) (a) , the inspector may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or make it inoperable by dismantling it or removing a component without which the equipment can not be used require a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n- (a) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move it from the place of seizure.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or Example— make it inoperable by dismantling it or removing a component without which the equipment can not be used\n- (c) require a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .","sortOrder":253},{"sectionNumber":"sec.145","sectionType":"section","heading":"Offence to contravene other seizure requirement","content":"### sec.145 Offence to contravene other seizure requirement\n\nA person must comply with a requirement made of the person under section 144 (2) (c) unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":254},{"sectionNumber":"sec.146","sectionType":"section","heading":"Offence to interfere","content":"### sec.146 Offence to interfere\n\nIf access to a seized thing is restricted under section 144 , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\nIf access to a place is restricted under section 144 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\n(sec.146-ssec.1) If access to a seized thing is restricted under section 144 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.146-ssec.2) If access to a place is restricted under section 144 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.","sortOrder":255},{"sectionNumber":"sec.147","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.147 Receipt and information notice for seized thing\n\nThis section applies if an inspector seizes anything under this division unless—\nthe inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\nThe inspector must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice about the decision to seize it.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe inspector may delay giving the receipt and information notice if the inspector reasonably suspects giving them may frustrate or otherwise hinder an investigation by the inspector under this Act.\nHowever, the delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n(sec.147-ssec.1) This section applies if an inspector seizes anything under this division unless— the inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\n(sec.147-ssec.2) The inspector must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to seize it.\n(sec.147-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.147-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.147-ssec.5) The inspector may delay giving the receipt and information notice if the inspector reasonably suspects giving them may frustrate or otherwise hinder an investigation by the inspector under this Act.\n(sec.147-ssec.6) However, the delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n- (a) the inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice about the decision to seize it.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":256},{"sectionNumber":"sec.148","sectionType":"section","heading":"Access to seized thing","content":"### sec.148 Access to seized thing\n\nUntil a seized thing is forfeited or returned, the inspector who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.148-ssec.1) Until a seized thing is forfeited or returned, the inspector who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.148-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.148-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":257},{"sectionNumber":"sec.149","sectionType":"section","heading":"Return of seized thing","content":"### sec.149 Return of seized thing\n\nThis section applies if a seized thing has some intrinsic value and is not—\nforfeited or transferred under subdivision 4 or 5 ; or\nsubject to a disposal order under division 3 .\nThe inspector must return the seized thing to an owner—\ngenerally—at the end of 6 months after the seizure; or\nif a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (2) , if the thing was seized as evidence, the inspector must return the thing seized to an owner as soon as practicable after the inspector is satisfied—\nits continued retention as evidence is no longer necessary; and\nits continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and\nit is lawful for the owner to possess it.\nNothing in this section affects a lien or other security over the seized thing.\n(sec.149-ssec.1) This section applies if a seized thing has some intrinsic value and is not— forfeited or transferred under subdivision 4 or 5 ; or subject to a disposal order under division 3 .\n(sec.149-ssec.2) The inspector must return the seized thing to an owner— generally—at the end of 6 months after the seizure; or if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.149-ssec.3) Despite subsection (2) , if the thing was seized as evidence, the inspector must return the thing seized to an owner as soon as practicable after the inspector is satisfied— its continued retention as evidence is no longer necessary; and its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and it is lawful for the owner to possess it.\n(sec.149-ssec.4) Nothing in this section affects a lien or other security over the seized thing.\n- (a) forfeited or transferred under subdivision 4 or 5 ; or\n- (b) subject to a disposal order under division 3 .\n- (a) generally—at the end of 6 months after the seizure; or\n- (b) if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.\n- (a) its continued retention as evidence is no longer necessary; and\n- (b) its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and\n- (c) it is lawful for the owner to possess it.","sortOrder":258},{"sectionNumber":"sec.150","sectionType":"section","heading":"Forfeiture by chief executive decision","content":"### sec.150 Forfeiture by chief executive decision\n\nThe chief executive may decide a seized thing is forfeited to the State if an inspector—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return it to an owner.\nHowever, the inspector is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nthe owner of the thing has migrated to another country\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.150-ssec.1) The chief executive may decide a seized thing is forfeited to the State if an inspector— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner.\n(sec.150-ssec.2) However, the inspector is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country\n(sec.150-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return it to an owner.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — the owner of the thing has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":259},{"sectionNumber":"sec.151","sectionType":"section","heading":"Information notice about forfeiture decision","content":"### sec.151 Information notice about forfeiture decision\n\nIf the chief executive decides under section 150 (1) to forfeit a thing, the chief executive must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice for the decision.\nThe information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\nThe information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.\nHowever, subsections (1) to (3) do not apply if the place where the thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the former owner.\n(sec.151-ssec.1) If the chief executive decides under section 150 (1) to forfeit a thing, the chief executive must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice for the decision.\n(sec.151-ssec.2) The information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.151-ssec.3) The information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.\n(sec.151-ssec.4) However, subsections (1) to (3) do not apply if the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner.\n- (a) a public place; or\n- (b) a place where the notice is unlikely to be read by the former owner.","sortOrder":260},{"sectionNumber":"sec.152","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.152 Forfeiture on conviction\n\nOn the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; or\nif the thing has been seized—whether or not the thing has been returned to the former owner of the thing.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under another law.\n(sec.152-ssec.1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.152-ssec.2) The court may make the order— whether or not the thing has been seized; or if the thing has been seized—whether or not the thing has been returned to the former owner of the thing.\n(sec.152-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.152-ssec.4) This section does not limit the court’s powers under another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; or\n- (b) if the thing has been seized—whether or not the thing has been returned to the former owner of the thing.","sortOrder":261},{"sectionNumber":"sec.153","sectionType":"section","heading":"Procedure and powers for making forfeiture order","content":"### sec.153 Procedure and powers for making forfeiture order\n\nA forfeiture order may be made on a conviction on the court’s initiative or on an application by the prosecution.\nIn deciding whether to make a forfeiture order for a thing, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\nmust hear any submissions that any person claiming to have any property in the thing may wish to make.\n(sec.153-ssec.1) A forfeiture order may be made on a conviction on the court’s initiative or on an application by the prosecution.\n(sec.153-ssec.2) In deciding whether to make a forfeiture order for a thing, the court— may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and must hear any submissions that any person claiming to have any property in the thing may wish to make.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\n- (b) must hear any submissions that any person claiming to have any property in the thing may wish to make.","sortOrder":262},{"sectionNumber":"sec.154","sectionType":"section","heading":"When thing becomes property of the State","content":"### sec.154 When thing becomes property of the State\n\nA thing becomes the property of the State if—\nthe thing is forfeited to the State under section 150 (1) or 152 ; or\nthe owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\n- (a) the thing is forfeited to the State under section 150 (1) or 152 ; or\n- (b) the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.","sortOrder":263},{"sectionNumber":"sec.155","sectionType":"section","heading":"How property may be dealt with","content":"### sec.155 How property may be dealt with\n\nThis section applies if, under section 154 , a thing becomes the property of the State.\nThe chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.\nThe chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this part.\nIf the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.\nThis section is subject to any disposal order made for the thing.\n(sec.155-ssec.1) This section applies if, under section 154 , a thing becomes the property of the State.\n(sec.155-ssec.2) The chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.\n(sec.155-ssec.3) The chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this part.\n(sec.155-ssec.4) If the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.\n(sec.155-ssec.5) This section is subject to any disposal order made for the thing.","sortOrder":264},{"sectionNumber":"ch.5-pt.4-div.3","sectionType":"division","heading":"Disposal orders","content":"## Disposal orders","sortOrder":265},{"sectionNumber":"sec.156","sectionType":"section","heading":"Disposal order","content":"### sec.156 Disposal order\n\nThis section applies if a person is convicted of an offence against this Act.\nThe court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—\nanything that was the subject of, or used to commit, the offence;\nanother thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\nThe court may make a disposal order for a thing—\nwhether or not it has been seized under this Act; and\nif the thing has been seized—whether or not it has been returned to the former owner.\nIn deciding whether to make a disposal order for a thing, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\nmust hear any submissions that any person claiming to have any property in the thing may wish to make.\nThe court may make any order to enforce the disposal order that it considers appropriate.\nThis section does not limit the court’s powers under another law.\n(sec.156-ssec.1) This section applies if a person is convicted of an offence against this Act.\n(sec.156-ssec.2) The court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person— anything that was the subject of, or used to commit, the offence; another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n(sec.156-ssec.3) The court may make a disposal order for a thing— whether or not it has been seized under this Act; and if the thing has been seized—whether or not it has been returned to the former owner.\n(sec.156-ssec.4) In deciding whether to make a disposal order for a thing, the court— may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and must hear any submissions that any person claiming to have any property in the thing may wish to make.\n(sec.156-ssec.5) The court may make any order to enforce the disposal order that it considers appropriate.\n(sec.156-ssec.6) This section does not limit the court’s powers under another law.\n- (a) anything that was the subject of, or used to commit, the offence;\n- (b) another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n- (a) whether or not it has been seized under this Act; and\n- (b) if the thing has been seized—whether or not it has been returned to the former owner.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\n- (b) must hear any submissions that any person claiming to have any property in the thing may wish to make.","sortOrder":266},{"sectionNumber":"ch.5-pt.4-div.4","sectionType":"division","heading":"Other information-obtaining powers of inspectors","content":"## Other information-obtaining powers of inspectors","sortOrder":267},{"sectionNumber":"sec.157","sectionType":"section","heading":"Power to require name and address","content":"### sec.157 Power to require name and address\n\nThis section applies if an inspector—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\nThe inspector may require the person to state the person’s name and residential address.\nThe inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a personal details requirement, the inspector must give the person an offence warning for the requirement.\nA requirement under this section is a personal details requirement .\n(sec.157-ssec.1) This section applies if an inspector— finds a person committing an offence against this Act; or finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n(sec.157-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.157-ssec.3) The inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.157-ssec.4) When making a personal details requirement, the inspector must give the person an offence warning for the requirement.\n(sec.157-ssec.5) A requirement under this section is a personal details requirement .\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":268},{"sectionNumber":"sec.158","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.158 Offence to contravene personal details requirement\n\nA person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.\n(sec.158-ssec.1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.158-ssec.2) A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.","sortOrder":269},{"sectionNumber":"sec.159","sectionType":"section","heading":"Power to require information","content":"### sec.159 Power to require information\n\nThis section applies if an inspector reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe inspector may, by notice given to the person, require the person to give the inspector information related to the offence at a stated reasonable time and place.\nA requirement under subsection (2) is an information requirement .\nFor information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\n(sec.159-ssec.1) This section applies if an inspector reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.159-ssec.2) The inspector may, by notice given to the person, require the person to give the inspector information related to the offence at a stated reasonable time and place.\n(sec.159-ssec.3) A requirement under subsection (2) is an information requirement .\n(sec.159-ssec.4) For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\n(sec.159-ssec.5) In this section— information includes a document.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":270},{"sectionNumber":"sec.160","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.160 Offence to contravene information requirement\n\nA person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\n(sec.160-ssec.1) A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.160-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":271},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Miscellaneous provisions relating to inspectors","content":"# Miscellaneous provisions relating to inspectors","sortOrder":272},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Damage","content":"## Damage","sortOrder":273},{"sectionNumber":"sec.161","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.161 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an inspector must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 163 .","sortOrder":274},{"sectionNumber":"sec.162","sectionType":"section","heading":"Notice of damage","content":"### sec.162 Notice of damage\n\nThis section applies if—\nan inspector damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an inspector damages something.\nHowever, this section does not apply to damage the inspector reasonably considers is trivial or if the inspector reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe inspector must give notice of the damage to the person who appears to the inspector to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the inspector must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of an inspector’s functions.\nThe delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 163 .\n(sec.162-ssec.1) This section applies if— an inspector damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an inspector damages something.\n(sec.162-ssec.2) However, this section does not apply to damage the inspector reasonably considers is trivial or if the inspector reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.162-ssec.3) The inspector must give notice of the damage to the person who appears to the inspector to be an owner, or person in control, of the thing.\n(sec.162-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the inspector must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.162-ssec.5) The inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of an inspector’s functions.\n(sec.162-ssec.6) The delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.162-ssec.7) If the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice.\n(sec.162-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 163 .\n- (a) an inspector damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an inspector damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 163 .","sortOrder":275},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":276},{"sectionNumber":"sec.163","sectionType":"section","heading":"Compensation","content":"### sec.163 Compensation\n\nA person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under this chapter.\nHowever, subsection (1) does not include loss arising from a lawful seizure or lawful forfeiture.\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 161 does not provide for a statutory right of compensation other than is provided by this section.\nIn this section—\nloss includes costs and damage.\n(sec.163-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under this chapter.\n(sec.163-ssec.2) However, subsection (1) does not include loss arising from a lawful seizure or lawful forfeiture.\n(sec.163-ssec.3) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n(sec.163-ssec.4) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.163-ssec.5) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\n(sec.163-ssec.6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.163-ssec.7) Section 161 does not provide for a statutory right of compensation other than is provided by this section.\n(sec.163-ssec.8) In this section— loss includes costs and damage.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.","sortOrder":277},{"sectionNumber":"ch.5-pt.5-div.3","sectionType":"division","heading":"Other offences relating to inspectors","content":"## Other offences relating to inspectors","sortOrder":278},{"sectionNumber":"sec.164","sectionType":"section","heading":"Giving inspector false or misleading information","content":"### sec.164 Giving inspector false or misleading information\n\nA person must not, in relation to the administration of this Act, give an inspector information, or a document containing information, that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.\n(sec.164-ssec.1) A person must not, in relation to the administration of this Act, give an inspector information, or a document containing information, that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.164-ssec.2) Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.","sortOrder":279},{"sectionNumber":"sec.165","sectionType":"section","heading":"Obstructing inspector","content":"### sec.165 Obstructing inspector\n\nA person must not obstruct an inspector, or someone helping an inspector, exercising a power unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an inspector, or someone helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.165-ssec.1) A person must not obstruct an inspector, or someone helping an inspector, exercising a power unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.165-ssec.2) If a person has obstructed an inspector, or someone helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the inspector considers the person’s conduct an obstruction.\n(sec.165-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct an obstruction.","sortOrder":280},{"sectionNumber":"sec.166","sectionType":"section","heading":"Impersonating inspector","content":"### sec.166 Impersonating inspector\n\nA person must not impersonate an inspector.\nMaximum penalty—100 penalty units.","sortOrder":281},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Decisions reviewable by QCAT","content":"# Decisions reviewable by QCAT","sortOrder":282},{"sectionNumber":"sec.167","sectionType":"section","heading":"Review by QCAT","content":"### sec.167 Review by QCAT\n\nA person aggrieved by any of the following decisions may apply to QCAT for a review of the decision—\na decision by the chief executive not to recognise a corporation as a group training organisation;\na decision by the chief executive to cancel a group training organisation’s certificate of recognition;\na decision by the chief executive not to recognise a corporation as a principal employer organisation;\na decision by the chief executive to cancel a principal employer organisation’s certificate of recognition;\na decision by the chief executive not to recognise a non-departmental employment skills development program;\na decision by the chief executive to withdraw recognition of a non-departmental employment skills development program on the chief executive’s own initiative;\na decision by the chief executive under chapter 5 , part 4 , division 2 to seize a thing;\na decision by the chief executive under section 150 to forfeit a thing.\nThe application must be made as provided under the QCAT Act .\n(sec.167-ssec.1) A person aggrieved by any of the following decisions may apply to QCAT for a review of the decision— a decision by the chief executive not to recognise a corporation as a group training organisation; a decision by the chief executive to cancel a group training organisation’s certificate of recognition; a decision by the chief executive not to recognise a corporation as a principal employer organisation; a decision by the chief executive to cancel a principal employer organisation’s certificate of recognition; a decision by the chief executive not to recognise a non-departmental employment skills development program; a decision by the chief executive to withdraw recognition of a non-departmental employment skills development program on the chief executive’s own initiative; a decision by the chief executive under chapter 5 , part 4 , division 2 to seize a thing; a decision by the chief executive under section 150 to forfeit a thing.\n(sec.167-ssec.2) The application must be made as provided under the QCAT Act .\n- (a) a decision by the chief executive not to recognise a corporation as a group training organisation;\n- (b) a decision by the chief executive to cancel a group training organisation’s certificate of recognition;\n- (c) a decision by the chief executive not to recognise a corporation as a principal employer organisation;\n- (d) a decision by the chief executive to cancel a principal employer organisation’s certificate of recognition;\n- (e) a decision by the chief executive not to recognise a non-departmental employment skills development program;\n- (f) a decision by the chief executive to withdraw recognition of a non-departmental employment skills development program on the chief executive’s own initiative;\n- (g) a decision by the chief executive under chapter 5 , part 4 , division 2 to seize a thing;\n- (h) a decision by the chief executive under section 150 to forfeit a thing.","sortOrder":283},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Decisions appealable to industrial relations commission","content":"# Decisions appealable to industrial relations commission","sortOrder":284},{"sectionNumber":"sec.168","sectionType":"section","heading":"Appeal to industrial relations commission","content":"### sec.168 Appeal to industrial relations commission\n\nA person aggrieved by any of the following decisions may appeal to the industrial relations commission—\na decision by the chief executive under section 32D ;\na decision by the chief executive under section 32F ;\na decision by the chief executive to cancel a registered training contract under section 35D ;\na decision by the chief executive to cancel a registered training contract under section 36 (1) (c) , (e) or (h) ;\na decision by the chief executive to cancel a completion certificate under section 53 ;\na declaration by the chief executive that an employer is a prohibited employer under section 59 ;\nan order by the chief executive under section 42 (2) .\nA parent of an apprentice or trainee can not be a person aggrieved for any of the decisions mentioned in subsection (1) .\nThe appeal must be started, as required under the rules made under the Industrial Relations Act 2016 , within 21 days after the aggrieved person is given an information notice for the decision being appealed.\nHowever, the industrial relations commission may extend the time for starting an appeal.\ns 168 amd 2016 No. 63 s 1157 sch 6 ; 2019 No. 33 s 24\n(sec.168-ssec.1) A person aggrieved by any of the following decisions may appeal to the industrial relations commission— a decision by the chief executive under section 32D ; a decision by the chief executive under section 32F ; a decision by the chief executive to cancel a registered training contract under section 35D ; a decision by the chief executive to cancel a registered training contract under section 36 (1) (c) , (e) or (h) ; a decision by the chief executive to cancel a completion certificate under section 53 ; a declaration by the chief executive that an employer is a prohibited employer under section 59 ; an order by the chief executive under section 42 (2) .\n(sec.168-ssec.2) A parent of an apprentice or trainee can not be a person aggrieved for any of the decisions mentioned in subsection (1) .\n(sec.168-ssec.3) The appeal must be started, as required under the rules made under the Industrial Relations Act 2016 , within 21 days after the aggrieved person is given an information notice for the decision being appealed.\n(sec.168-ssec.4) However, the industrial relations commission may extend the time for starting an appeal.\n- (a) a decision by the chief executive under section 32D ;\n- (b) a decision by the chief executive under section 32F ;\n- (c) a decision by the chief executive to cancel a registered training contract under section 35D ;\n- (d) a decision by the chief executive to cancel a registered training contract under section 36 (1) (c) , (e) or (h) ;\n- (e) a decision by the chief executive to cancel a completion certificate under section 53 ;\n- (f) a declaration by the chief executive that an employer is a prohibited employer under section 59 ;\n- (g) an order by the chief executive under section 42 (2) .","sortOrder":285},{"sectionNumber":"sec.169","sectionType":"section","heading":"Stay of decision being appealed","content":"### sec.169 Stay of decision being appealed\n\nThe industrial relations commission may order that the decision being appealed be wholly or partly stayed pending—\nthe determination of the appeal; or\na further order of the commission.\n- (a) the determination of the appeal; or\n- (b) a further order of the commission.","sortOrder":286},{"sectionNumber":"sec.170","sectionType":"section","heading":"Nature of appeal","content":"### sec.170 Nature of appeal\n\nAn appeal to the industrial relations commission is by way of rehearing on the record.\nHowever, the commission may hear fresh or additional evidence, if the commission considers it appropriate to effectively dispose of the appeal.\n(sec.170-ssec.1) An appeal to the industrial relations commission is by way of rehearing on the record.\n(sec.170-ssec.2) However, the commission may hear fresh or additional evidence, if the commission considers it appropriate to effectively dispose of the appeal.","sortOrder":287},{"sectionNumber":"sec.171","sectionType":"section","heading":"Decision on appeal","content":"### sec.171 Decision on appeal\n\nThe industrial relations commission must deal with an appeal as quickly as possible.\nThe commission may—\ndismiss the appeal; or\nallow the appeal, set aside the decision being appealed and substitute another decision; or\nallow the appeal and amend the decision; or\nallow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the chief executive to act according to law.\nSubject to section 173 , the commission’s decision—\nis final and conclusive; and\ncan not be impeached for informality or want of form.\n(sec.171-ssec.1) The industrial relations commission must deal with an appeal as quickly as possible.\n(sec.171-ssec.2) The commission may— dismiss the appeal; or allow the appeal, set aside the decision being appealed and substitute another decision; or allow the appeal and amend the decision; or allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the chief executive to act according to law.\n(sec.171-ssec.3) Subject to section 173 , the commission’s decision— is final and conclusive; and can not be impeached for informality or want of form.\n- (a) dismiss the appeal; or\n- (b) allow the appeal, set aside the decision being appealed and substitute another decision; or\n- (c) allow the appeal and amend the decision; or\n- (d) allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the chief executive to act according to law.\n- (a) is final and conclusive; and\n- (b) can not be impeached for informality or want of form.","sortOrder":288},{"sectionNumber":"sec.172","sectionType":"section","heading":"Exclusive jurisdiction","content":"### sec.172 Exclusive jurisdiction\n\nThe industrial relations commission’s jurisdiction is exclusive of any court’s jurisdiction and an injunction or prerogative order can not be issued, granted or made in relation to proceedings in the commission that are within the commission’s jurisdiction.\nSubsection (1) is subject to section 173 .\n(sec.172-ssec.1) The industrial relations commission’s jurisdiction is exclusive of any court’s jurisdiction and an injunction or prerogative order can not be issued, granted or made in relation to proceedings in the commission that are within the commission’s jurisdiction.\n(sec.172-ssec.2) Subsection (1) is subject to section 173 .","sortOrder":289},{"sectionNumber":"sec.173","sectionType":"section","heading":"Appeal to industrial court on question of law","content":"### sec.173 Appeal to industrial court on question of law\n\nA party to an appeal to the industrial relations commission may appeal against the commission’s decision to the industrial court on a question of law only.\nThe Industrial Relations Act 2016 applies, with any necessary changes, to a proceeding on appeal before the industrial court brought under subsection (1) .\ns 173 amd 2016 No. 7 s 6 ; 2016 No. 63 s 1157 sch 6\n(sec.173-ssec.1) A party to an appeal to the industrial relations commission may appeal against the commission’s decision to the industrial court on a question of law only.\n(sec.173-ssec.2) The Industrial Relations Act 2016 applies, with any necessary changes, to a proceeding on appeal before the industrial court brought under subsection (1) .","sortOrder":290},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Application","content":"# Application","sortOrder":291},{"sectionNumber":"sec.174","sectionType":"section","heading":"Application of ch 7","content":"### sec.174 Application of ch 7\n\nThis chapter applies to a legal proceeding under this Act.","sortOrder":292},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Evidentiary aids","content":"# Evidentiary aids","sortOrder":293},{"sectionNumber":"sec.175","sectionType":"section","heading":"Appointments and authority","content":"### sec.175 Appointments and authority\n\nFor a proceeding under this Act, the following must be presumed unless a party to the proceeding, by reasonable notice of at least 7 days, requires proof of it—\nthe chief executive’s appointment;\nan inspector’s appointment;\nthe authority of any of the following persons to do anything under this Act—\nthe Minister;\nthe chief executive;\nan inspector.\n- (a) the chief executive’s appointment;\n- (b) an inspector’s appointment;\n- (c) the authority of any of the following persons to do anything under this Act— (i) the Minister; (ii) the chief executive; (iii) an inspector.\n- (i) the Minister;\n- (ii) the chief executive;\n- (iii) an inspector.\n- (i) the Minister;\n- (ii) the chief executive;\n- (iii) an inspector.","sortOrder":294},{"sectionNumber":"sec.176","sectionType":"section","heading":"Proof of signatures unnecessary","content":"### sec.176 Proof of signatures unnecessary\n\nA signature purporting to be the signature of any of the following is evidence of the signature it purports to be—\nthe Minister;\nthe chief executive;\nan inspector.\n- (a) the Minister;\n- (b) the chief executive;\n- (c) an inspector.","sortOrder":295},{"sectionNumber":"sec.177","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.177 Evidentiary provisions\n\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made, given, issued or kept under this Act—\nan appointment or decision;\na notice or requirement;\na record or report, or an extract from a record or report;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, an appointment as an inspector was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated notice under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid.\n- (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment or decision; (ii) a notice or requirement; (iii) a record or report, or an extract from a record or report;\n- (i) an appointment or decision;\n- (ii) a notice or requirement;\n- (iii) a record or report, or an extract from a record or report;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, an appointment as an inspector was, or was not, in force for a stated person;\n- (e) on a stated day, a stated person was given a stated notice under this Act;\n- (f) on a stated day, a stated requirement was made of a stated person;\n- (g) a stated amount is payable under this Act by a stated person and has not been paid.\n- (i) an appointment or decision;\n- (ii) a notice or requirement;\n- (iii) a record or report, or an extract from a record or report;","sortOrder":296},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Proceedings for offences","content":"# Proceedings for offences","sortOrder":297},{"sectionNumber":"sec.178","sectionType":"section","heading":"Summary offences","content":"### sec.178 Summary offences\n\nA proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .","sortOrder":298},{"sectionNumber":"sec.179","sectionType":"section","heading":"Limitation on time for starting proceedings","content":"### sec.179 Limitation on time for starting proceedings\n\nA proceeding for an offence against this Act must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the knowledge of the complainant, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the knowledge of the complainant, but within 2 years after the commission of the offence.","sortOrder":299},{"sectionNumber":"sec.180","sectionType":"section","heading":"Statement of complainant’s knowledge","content":"### sec.180 Statement of complainant’s knowledge\n\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter stated.","sortOrder":300},{"sectionNumber":"sec.181","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.181 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.181-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.181-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.181-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.181-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":301},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Trusts","content":"# Trusts","sortOrder":302},{"sectionNumber":"sec.182","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.182 Definitions for pt 1\n\nIn this part—\napproved arrangement means an arrangement—\napproved by the Minister under section 183 (4) ; and\nnotified by gazette notice under section 183 (5) .\ntrust property see section 183 (1) .\n- (a) approved by the Minister under section 183 (4) ; and\n- (b) notified by gazette notice under section 183 (5) .","sortOrder":303},{"sectionNumber":"sec.183","sectionType":"section","heading":"Variation of trust purposes","content":"### sec.183 Variation of trust purposes\n\nThis section applies if—\nproperty ( trust property ) is held by or for the State, on the commencement of this section or at a later time, on terms requiring the property or income from the property to be applied to a purpose (the original purpose ) intended to further in any way the objects of this Act or the repealed Act; and\n1 or more of the following happens—\nthe original purpose is carried out;\nthe original purpose ceases to exist;\nthe original purpose is adequately provided for otherwise;\nthe original purpose is uncertain, insufficiently defined or can not be identified;\nit is or becomes impossible, impracticable or inexpedient to carry out the original purpose;\nthe trust property or income from the trust property is not enough to carry out the original purpose.\nThe chief executive may propose an arrangement to apply the trust property or a part of it, or the income from the trust property, to a purpose stated in the proposal.\nThe chief executive must submit the proposed arrangement in writing to the Minister.\nThe proposed arrangement has no effect unless it is approved by the Minister.\nIf the Minister approves the proposed arrangement, the approval must be notified by gazette notice.\nThe approval takes effect from the publication of the gazette notice or, if a later day is stated in the gazette notice, from the later day.\nDespite the original purpose for which the trust property was held immediately before the approved arrangement becomes effective, when the approved arrangement becomes effective the trust property or income from it is to be applied to the purpose stated in the approved arrangement.\nHowever, the chief executive may not propose an arrangement under subsection (2) for trust property if the trust instrument under which the property is held on trust states the way the property is to be dealt with if something mentioned in subsection (1) (b) happens.\n(sec.183-ssec.1) This section applies if— property ( trust property ) is held by or for the State, on the commencement of this section or at a later time, on terms requiring the property or income from the property to be applied to a purpose (the original purpose ) intended to further in any way the objects of this Act or the repealed Act; and 1 or more of the following happens— the original purpose is carried out; the original purpose ceases to exist; the original purpose is adequately provided for otherwise; the original purpose is uncertain, insufficiently defined or can not be identified; it is or becomes impossible, impracticable or inexpedient to carry out the original purpose; the trust property or income from the trust property is not enough to carry out the original purpose.\n(sec.183-ssec.2) The chief executive may propose an arrangement to apply the trust property or a part of it, or the income from the trust property, to a purpose stated in the proposal.\n(sec.183-ssec.3) The chief executive must submit the proposed arrangement in writing to the Minister.\n(sec.183-ssec.4) The proposed arrangement has no effect unless it is approved by the Minister.\n(sec.183-ssec.5) If the Minister approves the proposed arrangement, the approval must be notified by gazette notice.\n(sec.183-ssec.6) The approval takes effect from the publication of the gazette notice or, if a later day is stated in the gazette notice, from the later day.\n(sec.183-ssec.7) Despite the original purpose for which the trust property was held immediately before the approved arrangement becomes effective, when the approved arrangement becomes effective the trust property or income from it is to be applied to the purpose stated in the approved arrangement.\n(sec.183-ssec.8) However, the chief executive may not propose an arrangement under subsection (2) for trust property if the trust instrument under which the property is held on trust states the way the property is to be dealt with if something mentioned in subsection (1) (b) happens.\n- (a) property ( trust property ) is held by or for the State, on the commencement of this section or at a later time, on terms requiring the property or income from the property to be applied to a purpose (the original purpose ) intended to further in any way the objects of this Act or the repealed Act; and\n- (b) 1 or more of the following happens— (i) the original purpose is carried out; (ii) the original purpose ceases to exist; (iii) the original purpose is adequately provided for otherwise; (iv) the original purpose is uncertain, insufficiently defined or can not be identified; (v) it is or becomes impossible, impracticable or inexpedient to carry out the original purpose; (vi) the trust property or income from the trust property is not enough to carry out the original purpose.\n- (i) the original purpose is carried out;\n- (ii) the original purpose ceases to exist;\n- (iii) the original purpose is adequately provided for otherwise;\n- (iv) the original purpose is uncertain, insufficiently defined or can not be identified;\n- (v) it is or becomes impossible, impracticable or inexpedient to carry out the original purpose;\n- (vi) the trust property or income from the trust property is not enough to carry out the original purpose.\n- (i) the original purpose is carried out;\n- (ii) the original purpose ceases to exist;\n- (iii) the original purpose is adequately provided for otherwise;\n- (iv) the original purpose is uncertain, insufficiently defined or can not be identified;\n- (v) it is or becomes impossible, impracticable or inexpedient to carry out the original purpose;\n- (vi) the trust property or income from the trust property is not enough to carry out the original purpose.","sortOrder":304},{"sectionNumber":"sec.184","sectionType":"section","heading":"Variation of approved arrangement","content":"### sec.184 Variation of approved arrangement\n\nThe chief executive may propose a variation of an approved arrangement.\nThe chief executive must submit the proposed variation in writing to the Minister.\nThe proposed variation has no effect unless it is approved by the Minister.\nIf the Minister approves the proposed variation—\nthe variation must be notified by gazette notice; and\nthe approved arrangement, as varied, is taken to be the approved arrangement for the trust property, or the part of the property to which it relates, on publication of the gazette notice or a later day stated in the notice.\n(sec.184-ssec.1) The chief executive may propose a variation of an approved arrangement.\n(sec.184-ssec.2) The chief executive must submit the proposed variation in writing to the Minister.\n(sec.184-ssec.3) The proposed variation has no effect unless it is approved by the Minister.\n(sec.184-ssec.4) If the Minister approves the proposed variation— the variation must be notified by gazette notice; and the approved arrangement, as varied, is taken to be the approved arrangement for the trust property, or the part of the property to which it relates, on publication of the gazette notice or a later day stated in the notice.\n- (a) the variation must be notified by gazette notice; and\n- (b) the approved arrangement, as varied, is taken to be the approved arrangement for the trust property, or the part of the property to which it relates, on publication of the gazette notice or a later day stated in the notice.","sortOrder":305},{"sectionNumber":"sec.185","sectionType":"section","heading":"Requirements about purposes for arrangements","content":"### sec.185 Requirements about purposes for arrangements\n\nThis section applies if the chief executive proposes—\nan arrangement under section 183 (2) ; or\na variation of an approved arrangement under section 184 (1) and the proposal is to change the purpose of the approved arrangement.\nThe chief executive must—\npropose a purpose that, in the chief executive’s opinion, is as similar as possible to the purpose for which the trust property is held by or for the State immediately before the arrangement or variation is proposed; and\nin choosing the purpose, have regard to—\nits usefulness; and\nhow easily it can be achieved.\nThe fact that the chief executive might have chosen another purpose for the arrangement or variation, other than the chosen purpose, is not itself a sufficient ground for a court—\nto declare the chief executive’s chosen purpose invalid or defective; or\nto stop the chief executive’s chosen purpose being carried out.\n(sec.185-ssec.1) This section applies if the chief executive proposes— an arrangement under section 183 (2) ; or a variation of an approved arrangement under section 184 (1) and the proposal is to change the purpose of the approved arrangement.\n(sec.185-ssec.2) The chief executive must— propose a purpose that, in the chief executive’s opinion, is as similar as possible to the purpose for which the trust property is held by or for the State immediately before the arrangement or variation is proposed; and in choosing the purpose, have regard to— its usefulness; and how easily it can be achieved.\n(sec.185-ssec.3) The fact that the chief executive might have chosen another purpose for the arrangement or variation, other than the chosen purpose, is not itself a sufficient ground for a court— to declare the chief executive’s chosen purpose invalid or defective; or to stop the chief executive’s chosen purpose being carried out.\n- (a) an arrangement under section 183 (2) ; or\n- (b) a variation of an approved arrangement under section 184 (1) and the proposal is to change the purpose of the approved arrangement.\n- (a) propose a purpose that, in the chief executive’s opinion, is as similar as possible to the purpose for which the trust property is held by or for the State immediately before the arrangement or variation is proposed; and\n- (b) in choosing the purpose, have regard to— (i) its usefulness; and (ii) how easily it can be achieved.\n- (i) its usefulness; and\n- (ii) how easily it can be achieved.\n- (i) its usefulness; and\n- (ii) how easily it can be achieved.\n- (a) to declare the chief executive’s chosen purpose invalid or defective; or\n- (b) to stop the chief executive’s chosen purpose being carried out.","sortOrder":306},{"sectionNumber":"sec.186","sectionType":"section","heading":"Recording arrangements and variations in land register","content":"### sec.186 Recording arrangements and variations in land register\n\nThis section applies if all or part of the trust property to which an approved arrangement, or a variation of an approved arrangement, relates is land.\nThe chief executive must notify the registrar of titles or other person (each a recorder ) charged by law with recording dealings for the land of the approved arrangement or variation of an approved arrangement within 1 month after the approval of the arrangement or variation takes effect.\nOn receiving the notification and any other particulars about the land, arrangement or variation the recorder requires, the recorder must make, in the appropriate register, the entries necessary to record the existence of the approved arrangement or variation.\n(sec.186-ssec.1) This section applies if all or part of the trust property to which an approved arrangement, or a variation of an approved arrangement, relates is land.\n(sec.186-ssec.2) The chief executive must notify the registrar of titles or other person (each a recorder ) charged by law with recording dealings for the land of the approved arrangement or variation of an approved arrangement within 1 month after the approval of the arrangement or variation takes effect.\n(sec.186-ssec.3) On receiving the notification and any other particulars about the land, arrangement or variation the recorder requires, the recorder must make, in the appropriate register, the entries necessary to record the existence of the approved arrangement or variation.","sortOrder":307},{"sectionNumber":"sec.187","sectionType":"section","heading":"Rights and jurisdiction in equity not affected","content":"### sec.187 Rights and jurisdiction in equity not affected\n\nOther than as provided in this part, this part does not affect—\nrights, entitlements and obligations conferred or imposed by law for property held on trust; or\nthe jurisdiction of a court to enforce, or make a declaration about, trusts.\n- (a) rights, entitlements and obligations conferred or imposed by law for property held on trust; or\n- (b) the jurisdiction of a court to enforce, or make a declaration about, trusts.","sortOrder":308},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":309},{"sectionNumber":"sec.188","sectionType":"section","heading":"False or misleading statements to official","content":"### sec.188 False or misleading statements to official\n\nA person must not state anything to an official the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nIn this section—\nofficial means—\nthe chief executive or the chief executive’s delegate; or\nan inspector; or\nthe training ombudsman; or\na staff member of the office of the training ombudsman.\ns 188 amd 2016 No. 7 s 7\n(sec.188-ssec.1) A person must not state anything to an official the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.188-ssec.2) In this section— official means— the chief executive or the chief executive’s delegate; or an inspector; or the training ombudsman; or a staff member of the office of the training ombudsman.\n- (a) the chief executive or the chief executive’s delegate; or\n- (b) an inspector; or\n- (c) the training ombudsman; or\n- (d) a staff member of the office of the training ombudsman.","sortOrder":310},{"sectionNumber":"sec.189","sectionType":"section","heading":"False or misleading documents to official","content":"### sec.189 False or misleading documents to official\n\nA person must not give an official a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ntells the official, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can get, the correct information—gives the official the correct information.\nIn this section—\nofficial has the meaning given by section 188 .\n(sec.189-ssec.1) A person must not give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.189-ssec.2) Subsection (1) does not apply to a person who, when giving the document— tells the official, to the best of the person’s ability, how it is false or misleading; and if the person has, or can get, the correct information—gives the official the correct information.\n(sec.189-ssec.3) In this section— official has the meaning given by section 188 .\n- (a) tells the official, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can get, the correct information—gives the official the correct information.","sortOrder":311},{"sectionNumber":"sec.190","sectionType":"section","heading":"Duty to act honestly","content":"### sec.190 Duty to act honestly\n\nThis section applies if a person exercises a power or performs a function under this Act.\nIn exercising the power or performing the function, the person must act honestly.\nMaximum penalty—50 penalty units.\nThe person must not use any information acquired in exercising the power or performing the function to, directly or indirectly—\ngain a benefit for the person or someone else; or\ncause a detriment to someone else.\nMaximum penalty for subsection (3) —50 penalty units.\n(sec.190-ssec.1) This section applies if a person exercises a power or performs a function under this Act.\n(sec.190-ssec.2) In exercising the power or performing the function, the person must act honestly. Maximum penalty—50 penalty units.\n(sec.190-ssec.3) The person must not use any information acquired in exercising the power or performing the function to, directly or indirectly— gain a benefit for the person or someone else; or cause a detriment to someone else. Maximum penalty for subsection (3) —50 penalty units.\n- (a) gain a benefit for the person or someone else; or\n- (b) cause a detriment to someone else.","sortOrder":312},{"sectionNumber":"sec.191","sectionType":"section","heading":"Protection of confidentiality","content":"### sec.191 Protection of confidentiality\n\nThis section applies if a person (the first person ) obtains information about another person—\nin exercising a power or performing a function under this Act; or\nbecause of an opportunity provided by the exercise of the power or performance of the function.\nThe first person must not do any of the following—\nmake a record of the information;\ndisclose or communicate the information, whether directly or indirectly:\nuse the information to benefit any person.\nMaximum penalty—50 penalty units.\nHowever, the first person does not contravene subsection (2) if the disclosure, communication, making of a record, or use, of the information—\nis necessary to perform the first person’s functions under this Act; or\nis authorised under this or another Act; or\nis necessary to perform a function under the Public Records Act 2023 ; or\nis otherwise required or permitted by law; or\nis ordered by a court, commission or tribunal constituted by law in proceedings before it; or\nis in a form that does not disclose the identity of the other person; or\nrelates to another person who is an adult and the other person consents to the disclosure; or\nrelates to another person who is a child and the child’s parent consents to the disclosure; or\nis in a form that does not disclose the identity of the person to whom the information relates; or\nis made with the written consent of the chief executive who may give the consent if reasonably satisfied the disclosure is in the public interest.\ns 191 amd 2023 No. 33 s 107 sch 5\n(sec.191-ssec.1) This section applies if a person (the first person ) obtains information about another person— in exercising a power or performing a function under this Act; or because of an opportunity provided by the exercise of the power or performance of the function.\n(sec.191-ssec.2) The first person must not do any of the following— make a record of the information; disclose or communicate the information, whether directly or indirectly: use the information to benefit any person. Maximum penalty—50 penalty units.\n(sec.191-ssec.3) However, the first person does not contravene subsection (2) if the disclosure, communication, making of a record, or use, of the information— is necessary to perform the first person’s functions under this Act; or is authorised under this or another Act; or is necessary to perform a function under the Public Records Act 2023 ; or is otherwise required or permitted by law; or is ordered by a court, commission or tribunal constituted by law in proceedings before it; or is in a form that does not disclose the identity of the other person; or relates to another person who is an adult and the other person consents to the disclosure; or relates to another person who is a child and the child’s parent consents to the disclosure; or is in a form that does not disclose the identity of the person to whom the information relates; or is made with the written consent of the chief executive who may give the consent if reasonably satisfied the disclosure is in the public interest.\n- (a) in exercising a power or performing a function under this Act; or\n- (b) because of an opportunity provided by the exercise of the power or performance of the function.\n- (a) make a record of the information;\n- (b) disclose or communicate the information, whether directly or indirectly:\n- (c) use the information to benefit any person.\n- (a) is necessary to perform the first person’s functions under this Act; or\n- (b) is authorised under this or another Act; or\n- (c) is necessary to perform a function under the Public Records Act 2023 ; or\n- (d) is otherwise required or permitted by law; or\n- (e) is ordered by a court, commission or tribunal constituted by law in proceedings before it; or\n- (f) is in a form that does not disclose the identity of the other person; or\n- (g) relates to another person who is an adult and the other person consents to the disclosure; or\n- (h) relates to another person who is a child and the child’s parent consents to the disclosure; or\n- (i) is in a form that does not disclose the identity of the person to whom the information relates; or\n- (j) is made with the written consent of the chief executive who may give the consent if reasonably satisfied the disclosure is in the public interest.","sortOrder":313},{"sectionNumber":"sec.192","sectionType":"section","heading":"Representation of parties","content":"### sec.192 Representation of parties\n\nA party to a proceeding for an offence against this Act may be represented in the proceedings by an agent appointed in writing or a lawyer.\nHowever, a party who is represented by an agent or lawyer can not be awarded costs of the representation.\n(sec.192-ssec.1) A party to a proceeding for an offence against this Act may be represented in the proceedings by an agent appointed in writing or a lawyer.\n(sec.192-ssec.2) However, a party who is represented by an agent or lawyer can not be awarded costs of the representation.","sortOrder":314},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":315},{"sectionNumber":"sec.193","sectionType":"section","heading":"Delegations","content":"### sec.193 Delegations\n\nThe chief executive may delegate the chief executive’s functions and powers to an appropriately qualified person.\nA person delegated a function or power may subdelegate it only—\nif the delegation permits the subdelegation; and\nto an appropriately qualified person.\nIn this section—\nappropriately qualified , for an individual, means having the qualifications, experience or standing appropriate to perform the function or exercise the power.\na person’s classification level in the public service\n(sec.193-ssec.1) The chief executive may delegate the chief executive’s functions and powers to an appropriately qualified person.\n(sec.193-ssec.2) A person delegated a function or power may subdelegate it only— if the delegation permits the subdelegation; and to an appropriately qualified person.\n(sec.193-ssec.3) In this section— appropriately qualified , for an individual, means having the qualifications, experience or standing appropriate to perform the function or exercise the power. a person’s classification level in the public service\n- (a) if the delegation permits the subdelegation; and\n- (b) to an appropriately qualified person.","sortOrder":316},{"sectionNumber":"sec.194","sectionType":"section","heading":"Protection from liability","content":"### sec.194 Protection from liability\n\nA prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to the prescribed person, the liability attaches instead to the State.\nThis section does not apply to a prescribed person if the person is a prescribed person under the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\nIn this section—\nprescribed person means any of the following—\nthe Minister;\nan inspector;\nthe training ombudsman;\na person acting under the direction of any of the following—\nthe Minister;\nthe chief executive;\na public service employee employed in the department;\nan inspector;\nthe training ombudsman;\na staff member of the office of the training ombudsman;\na person authorised by the chief executive under section 16 or 21 .\ns 194 amd 2014 No. 62 s 139 ; 2016 No. 7 s 8 ; 2022 No. 34 s 365 sch 3\n(sec.194-ssec.1) A prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.194-ssec.2) If subsection (1) prevents a civil liability attaching to the prescribed person, the liability attaches instead to the State.\n(sec.194-ssec.3) This section does not apply to a prescribed person if the person is a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\n(sec.194-ssec.4) In this section— prescribed person means any of the following— the Minister; an inspector; the training ombudsman; a person acting under the direction of any of the following— the Minister; the chief executive; a public service employee employed in the department; an inspector; the training ombudsman; a staff member of the office of the training ombudsman; a person authorised by the chief executive under section 16 or 21 .\n- (a) the Minister;\n- (b) an inspector;\n- (c) the training ombudsman;\n- (d) a person acting under the direction of any of the following— (i) the Minister; (ii) the chief executive; (iii) a public service employee employed in the department; (iv) an inspector; (v) the training ombudsman; (vi) a staff member of the office of the training ombudsman;\n- (i) the Minister;\n- (ii) the chief executive;\n- (iii) a public service employee employed in the department;\n- (iv) an inspector;\n- (v) the training ombudsman;\n- (vi) a staff member of the office of the training ombudsman;\n- (e) a person authorised by the chief executive under section 16 or 21 .\n- (i) the Minister;\n- (ii) the chief executive;\n- (iii) a public service employee employed in the department;\n- (iv) an inspector;\n- (v) the training ombudsman;\n- (vi) a staff member of the office of the training ombudsman;","sortOrder":317},{"sectionNumber":"sec.195","sectionType":"section","heading":"Person may apply for copy of document held by chief executive","content":"### sec.195 Person may apply for copy of document held by chief executive\n\nA person may apply to the chief executive for a copy of a document held by the chief executive and prescribed by regulation that relates to an apprenticeship or traineeship for the person.\nA regulation may prescribe the fee payable for providing a copy of the document.\n(sec.195-ssec.1) A person may apply to the chief executive for a copy of a document held by the chief executive and prescribed by regulation that relates to an apprenticeship or traineeship for the person.\n(sec.195-ssec.2) A regulation may prescribe the fee payable for providing a copy of the document.","sortOrder":318},{"sectionNumber":"sec.196","sectionType":"section","heading":"Approved forms","content":"### sec.196 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":319},{"sectionNumber":"sec.197","sectionType":"section","heading":"Regulation-making power","content":"### sec.197 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may—\nprovide for the fees payable under this Act; or\ncreate offences and impose penalties (including different penalties for successive offences) of not more than 20 penalty units.\n(sec.197-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.197-ssec.2) Without limiting subsection (1) , a regulation may— provide for the fees payable under this Act; or create offences and impose penalties (including different penalties for successive offences) of not more than 20 penalty units.\n- (a) provide for the fees payable under this Act; or\n- (b) create offences and impose penalties (including different penalties for successive offences) of not more than 20 penalty units.","sortOrder":320},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":321},{"sectionNumber":"sec.198","sectionType":"section","heading":"Repeal","content":"### sec.198 Repeal\n\nThe following Acts are repealed—\nHigher Education (General Provisions) Act 2008 , No. 25\nVocational Education, Training and Employment Act 2000 , No. 23.\n- • Higher Education (General Provisions) Act 2008 , No. 25\n- • Vocational Education, Training and Employment Act 2000 , No. 23.","sortOrder":322},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Savings and transitional provisions for the Further Education and Training Act 2014","content":"# Savings and transitional provisions for the Further Education and Training Act 2014","sortOrder":323},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":324},{"sectionNumber":"sec.199","sectionType":"section","heading":"Definition for pt 2","content":"### sec.199 Definition for pt 2\n\nIn this part—\ncommencement means the commencement of the provision in which the term is used.","sortOrder":325},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Apprentices and trainees","content":"## Apprentices and trainees","sortOrder":326},{"sectionNumber":"sec.200","sectionType":"section","heading":"Declaration of apprenticeship or traineeship continues in force","content":"### sec.200 Declaration of apprenticeship or traineeship continues in force\n\nThis section applies if—\na declaration is made by the chief executive under the repealed Act, section 47 that employment-based training is an apprenticeship or traineeship; and\nthe declaration is in force immediately before the commencement.\nThe declaration continues in force under this Act as if it were made by the chief executive under this Act.\n(sec.200-ssec.1) This section applies if— a declaration is made by the chief executive under the repealed Act, section 47 that employment-based training is an apprenticeship or traineeship; and the declaration is in force immediately before the commencement.\n(sec.200-ssec.2) The declaration continues in force under this Act as if it were made by the chief executive under this Act.\n- (a) a declaration is made by the chief executive under the repealed Act, section 47 that employment-based training is an apprenticeship or traineeship; and\n- (b) the declaration is in force immediately before the commencement.","sortOrder":327},{"sectionNumber":"sec.201","sectionType":"section","heading":"Continuation of registered training contracts","content":"### sec.201 Continuation of registered training contracts\n\nThis section applies to a registered training contract under the repealed Act in force immediately before the commencement.\nThe contract continues in force after the commencement and is taken to be a registered training contract under this Act.\n(sec.201-ssec.1) This section applies to a registered training contract under the repealed Act in force immediately before the commencement.\n(sec.201-ssec.2) The contract continues in force after the commencement and is taken to be a registered training contract under this Act.","sortOrder":328},{"sectionNumber":"sec.202","sectionType":"section","heading":"Continuation of statutory assignment of registered training contract","content":"### sec.202 Continuation of statutory assignment of registered training contract\n\nThis section applies if—\nimmediately before the commencement, a registered training contract was taken to have been assigned under the repealed Act, section 59; and\nthe agreed day is on or after the commencement.\nThe assignment takes effect under this Act on the agreed day.\n(sec.202-ssec.1) This section applies if— immediately before the commencement, a registered training contract was taken to have been assigned under the repealed Act, section 59; and the agreed day is on or after the commencement.\n(sec.202-ssec.2) The assignment takes effect under this Act on the agreed day.\n- (a) immediately before the commencement, a registered training contract was taken to have been assigned under the repealed Act, section 59; and\n- (b) the agreed day is on or after the commencement.","sortOrder":329},{"sectionNumber":"sec.203","sectionType":"section","heading":"Agreement to cancel registered training contract continues in force","content":"### sec.203 Agreement to cancel registered training contract continues in force\n\nThis section applies if, within 7 days before the commencement, a registered training contract under the repealed Act was cancelled by agreement between the parties.\nTo remove any doubt, it is declared that a party may not withdraw the party’s consent to the application to cancel under section 34 of this Act.\n(sec.203-ssec.1) This section applies if, within 7 days before the commencement, a registered training contract under the repealed Act was cancelled by agreement between the parties.\n(sec.203-ssec.2) To remove any doubt, it is declared that a party may not withdraw the party’s consent to the application to cancel under section 34 of this Act.","sortOrder":330},{"sectionNumber":"sec.204","sectionType":"section","heading":"Continuation of training plan","content":"### sec.204 Continuation of training plan\n\nThis section applies to a training plan under the repealed Act in force immediately before the commencement.\nThe training plan continues in force after the commencement and is taken to be a training plan under this Act.\n(sec.204-ssec.1) This section applies to a training plan under the repealed Act in force immediately before the commencement.\n(sec.204-ssec.2) The training plan continues in force after the commencement and is taken to be a training plan under this Act.","sortOrder":331},{"sectionNumber":"sec.205","sectionType":"section","heading":"Continuation of supervising registered training organisation","content":"### sec.205 Continuation of supervising registered training organisation\n\nThis section applies if, immediately before the commencement, a registered training organisation is the supervising registered training organisation for an apprentice or trainee under the repealed Act.\nThe registered training organisation continues as the supervising registered training organisation for the apprentice or trainee under this Act after the commencement.\n(sec.205-ssec.1) This section applies if, immediately before the commencement, a registered training organisation is the supervising registered training organisation for an apprentice or trainee under the repealed Act.\n(sec.205-ssec.2) The registered training organisation continues as the supervising registered training organisation for the apprentice or trainee under this Act after the commencement.","sortOrder":332},{"sectionNumber":"sec.206","sectionType":"section","heading":"Continuation of process for issue of completion certificate","content":"### sec.206 Continuation of process for issue of completion certificate\n\nThis section applies if—\nbefore the commencement, the chief executive received a signed notice under the repealed Act, section 73(4) about the issue of the qualification or statement of attainment for an apprenticeship or traineeship; and\nimmediately before the commencement, the chief executive had not issued a completion certificate for the apprenticeship or traineeship.\nThe chief executive must continue to deal with the matter under this Act after the commencement as if the notice mentioned in subsection (1)(a) had been given under section 48(2).\n(sec.206-ssec.1) This section applies if— before the commencement, the chief executive received a signed notice under the repealed Act, section 73(4) about the issue of the qualification or statement of attainment for an apprenticeship or traineeship; and immediately before the commencement, the chief executive had not issued a completion certificate for the apprenticeship or traineeship.\n(sec.206-ssec.2) The chief executive must continue to deal with the matter under this Act after the commencement as if the notice mentioned in subsection (1)(a) had been given under section 48(2).\n- (a) before the commencement, the chief executive received a signed notice under the repealed Act, section 73(4) about the issue of the qualification or statement of attainment for an apprenticeship or traineeship; and\n- (b) immediately before the commencement, the chief executive had not issued a completion certificate for the apprenticeship or traineeship.","sortOrder":333},{"sectionNumber":"sec.207","sectionType":"section","heading":"Cancellation of completion certificates issued under the repealed Act","content":"### sec.207 Cancellation of completion certificates issued under the repealed Act\n\nThis section applies if a completion certificate was issued under the repealed Act before the commencement.\nThe provisions of this Act relating to the cancellation of the certificate apply as if it were issued under this Act.\n(sec.207-ssec.1) This section applies if a completion certificate was issued under the repealed Act before the commencement.\n(sec.207-ssec.2) The provisions of this Act relating to the cancellation of the certificate apply as if it were issued under this Act.","sortOrder":334},{"sectionNumber":"sec.208","sectionType":"section","heading":"Declaration of restricted calling continues in force","content":"### sec.208 Declaration of restricted calling continues in force\n\nThis section applies if, immediately before the commencement, a declaration made by the chief executive under the repealed Act, section 89 that a calling is a restricted calling is in force.\nThe declaration continues in force under this Act as if it had been made by the chief executive under this Act.\nA declaration continued in force under subsection (2) expires on 1 July 2020.\ns 208 amd 2019 No. 33 s 25\n(sec.208-ssec.1) This section applies if, immediately before the commencement, a declaration made by the chief executive under the repealed Act, section 89 that a calling is a restricted calling is in force.\n(sec.208-ssec.2) The declaration continues in force under this Act as if it had been made by the chief executive under this Act.\n(sec.208-ssec.3) A declaration continued in force under subsection (2) expires on 1 July 2020.","sortOrder":335},{"sectionNumber":"sec.209","sectionType":"section","heading":"Balance of period of stand down of registered training contract","content":"### sec.209 Balance of period of stand down of registered training contract\n\nThis section applies if—\nbefore the commencement, the chief executive approved an application for a stand down under the repealed Act, section 86; and\nimmediately before the commencement, the period of the stand down had not expired.\nThe stand down continues to apply after the commencement despite the repeal of the repealed Act.\n(sec.209-ssec.1) This section applies if— before the commencement, the chief executive approved an application for a stand down under the repealed Act, section 86; and immediately before the commencement, the period of the stand down had not expired.\n(sec.209-ssec.2) The stand down continues to apply after the commencement despite the repeal of the repealed Act.\n- (a) before the commencement, the chief executive approved an application for a stand down under the repealed Act, section 86; and\n- (b) immediately before the commencement, the period of the stand down had not expired.","sortOrder":336},{"sectionNumber":"ch.9-pt.2-div.3","sectionType":"division","heading":"Provisions for group training organisations and principal employer organisations","content":"## Provisions for group training organisations and principal employer organisations","sortOrder":337},{"sectionNumber":"sec.210","sectionType":"section","heading":"Continued recognition of group training organisations and principal employer organisations","content":"### sec.210 Continued recognition of group training organisations and principal employer organisations\n\nThis section applies to an entity that, immediately before the commencement, was recognised as a group training organisation or principal employer organisation under the repealed Act.\nIf the entity was not, immediately before the commencement, subject to a process to withdraw recognition under the repealed Act—\nthe entity continues as a group training organisation or principal employer organisation under this Act; and\nthe chief executive must issue the entity with a certificate of recognition under this Act within 3 months after the commencement.\nIf, immediately before the commencement, the entity was the subject of a process to withdraw recognition under the repealed Act—\nthe entity continues as a group training organisation or principal employer organisation recognised under this Act; and\nthe process to withdraw recognition continues under this Act; and\nif the chief executive decides not to withdraw recognition—the chief executive must give the entity a certificate of recognition under this Act within 3 months after the making of the decision.\n(sec.210-ssec.1) This section applies to an entity that, immediately before the commencement, was recognised as a group training organisation or principal employer organisation under the repealed Act.\n(sec.210-ssec.2) If the entity was not, immediately before the commencement, subject to a process to withdraw recognition under the repealed Act— the entity continues as a group training organisation or principal employer organisation under this Act; and the chief executive must issue the entity with a certificate of recognition under this Act within 3 months after the commencement.\n(sec.210-ssec.3) If, immediately before the commencement, the entity was the subject of a process to withdraw recognition under the repealed Act— the entity continues as a group training organisation or principal employer organisation recognised under this Act; and the process to withdraw recognition continues under this Act; and if the chief executive decides not to withdraw recognition—the chief executive must give the entity a certificate of recognition under this Act within 3 months after the making of the decision.\n- (a) the entity continues as a group training organisation or principal employer organisation under this Act; and\n- (b) the chief executive must issue the entity with a certificate of recognition under this Act within 3 months after the commencement.\n- (a) the entity continues as a group training organisation or principal employer organisation recognised under this Act; and\n- (b) the process to withdraw recognition continues under this Act; and\n- (c) if the chief executive decides not to withdraw recognition—the chief executive must give the entity a certificate of recognition under this Act within 3 months after the making of the decision.","sortOrder":338},{"sectionNumber":"ch.9-pt.2-div.4","sectionType":"division","heading":"Reviews and appeals","content":"## Reviews and appeals","sortOrder":339},{"sectionNumber":"sec.211","sectionType":"section","heading":"Right to apply to QCAT for review under repealed Act","content":"### sec.211 Right to apply to QCAT for review under repealed Act\n\nThis section applies if, immediately before the commencement—\na person had a right to apply to QCAT for review of a decision made by the chief executive under the repealed Act; and\nthe person had not yet applied to QCAT for the review; and\nthe period for applying for the review under the repealed Act had not expired.\nThe person may apply to QCAT for the review, and QCAT must decide the review, under the repealed Act after the commencement as if the repealed Act had not been repealed.\n(sec.211-ssec.1) This section applies if, immediately before the commencement— a person had a right to apply to QCAT for review of a decision made by the chief executive under the repealed Act; and the person had not yet applied to QCAT for the review; and the period for applying for the review under the repealed Act had not expired.\n(sec.211-ssec.2) The person may apply to QCAT for the review, and QCAT must decide the review, under the repealed Act after the commencement as if the repealed Act had not been repealed.\n- (a) a person had a right to apply to QCAT for review of a decision made by the chief executive under the repealed Act; and\n- (b) the person had not yet applied to QCAT for the review; and\n- (c) the period for applying for the review under the repealed Act had not expired.","sortOrder":340},{"sectionNumber":"sec.212","sectionType":"section","heading":"Review to QCAT started before commencement","content":"### sec.212 Review to QCAT started before commencement\n\nThis section applies if, immediately before the commencement—\na person had applied to QCAT for review of a decision made by the chief executive under the repealed Act; but\nthe review had not been finally decided.\nQCAT must continue to decide the review under the repealed Act after the commencement as if the repealed Act had not been repealed.\nA decision by QCAT on the review is taken to be a decision made under this Act.\n(sec.212-ssec.1) This section applies if, immediately before the commencement— a person had applied to QCAT for review of a decision made by the chief executive under the repealed Act; but the review had not been finally decided.\n(sec.212-ssec.2) QCAT must continue to decide the review under the repealed Act after the commencement as if the repealed Act had not been repealed.\n(sec.212-ssec.3) A decision by QCAT on the review is taken to be a decision made under this Act.\n- (a) a person had applied to QCAT for review of a decision made by the chief executive under the repealed Act; but\n- (b) the review had not been finally decided.","sortOrder":341},{"sectionNumber":"sec.213","sectionType":"section","heading":"Right to appeal to industrial relations commission under repealed Act","content":"### sec.213 Right to appeal to industrial relations commission under repealed Act\n\nThis section applies if, immediately before the commencement—\na person had a right to appeal to the industrial relations commission against a decision made by the chief executive under the repealed Act; and\nthe person had not yet started the appeal; and\nthe period for starting the appeal under the repealed Act had not ended.\nThe person may appeal to the industrial relations commission, and the commission must decide the appeal, under the repealed Act after the commencement as if the repealed Act had not been repealed.\n(sec.213-ssec.1) This section applies if, immediately before the commencement— a person had a right to appeal to the industrial relations commission against a decision made by the chief executive under the repealed Act; and the person had not yet started the appeal; and the period for starting the appeal under the repealed Act had not ended.\n(sec.213-ssec.2) The person may appeal to the industrial relations commission, and the commission must decide the appeal, under the repealed Act after the commencement as if the repealed Act had not been repealed.\n- (a) a person had a right to appeal to the industrial relations commission against a decision made by the chief executive under the repealed Act; and\n- (b) the person had not yet started the appeal; and\n- (c) the period for starting the appeal under the repealed Act had not ended.","sortOrder":342},{"sectionNumber":"sec.214","sectionType":"section","heading":"Appeal to industrial relations commission started before commencement","content":"### sec.214 Appeal to industrial relations commission started before commencement\n\nThis section applies if, immediately before the commencement—\na person had appealed to the industrial relations commission against a decision made by the chief executive under the repealed Act; but\nthe appeal had not been finally decided.\nThe industrial relations commission must continue to hear the appeal under the repealed Act after the commencement as if the repealed Act had not been repealed.\n(sec.214-ssec.1) This section applies if, immediately before the commencement— a person had appealed to the industrial relations commission against a decision made by the chief executive under the repealed Act; but the appeal had not been finally decided.\n(sec.214-ssec.2) The industrial relations commission must continue to hear the appeal under the repealed Act after the commencement as if the repealed Act had not been repealed.\n- (a) a person had appealed to the industrial relations commission against a decision made by the chief executive under the repealed Act; but\n- (b) the appeal had not been finally decided.","sortOrder":343},{"sectionNumber":"ch.9-pt.2-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":344},{"sectionNumber":"sec.215","sectionType":"section","heading":"Show cause process started before commencement","content":"### sec.215 Show cause process started before commencement\n\nThis section applies if a show cause process for a matter was started under the repealed Act before the commencement but is not completed immediately before the commencement.\nThe show cause process must be completed under the repealed Act after the commencement as if the repealed Act had not been repealed.\n(sec.215-ssec.1) This section applies if a show cause process for a matter was started under the repealed Act before the commencement but is not completed immediately before the commencement.\n(sec.215-ssec.2) The show cause process must be completed under the repealed Act after the commencement as if the repealed Act had not been repealed.","sortOrder":345},{"sectionNumber":"sec.216","sectionType":"section","heading":"Applications made but not decided before commencement","content":"### sec.216 Applications made but not decided before commencement\n\nThis section applies if, immediately before the commencement—\nthe chief executive had received an application under the repealed Act; and\nthe chief executive had not decided the application.\nIf this Act does not provide for an equivalent application, the chief executive must decide the application under the repealed Act after the commencement as if the repealed Act had not been repealed.\nIf this Act provides for an equivalent application, the application is taken to have been made under this Act.\nan application to register a training contract\nIn this section—\napplication includes a request, a submission for a decision by the chief executive.\n(sec.216-ssec.1) This section applies if, immediately before the commencement— the chief executive had received an application under the repealed Act; and the chief executive had not decided the application.\n(sec.216-ssec.2) If this Act does not provide for an equivalent application, the chief executive must decide the application under the repealed Act after the commencement as if the repealed Act had not been repealed.\n(sec.216-ssec.3) If this Act provides for an equivalent application, the application is taken to have been made under this Act. an application to register a training contract\n(sec.216-ssec.4) In this section— application includes a request, a submission for a decision by the chief executive.\n- (a) the chief executive had received an application under the repealed Act; and\n- (b) the chief executive had not decided the application.","sortOrder":346},{"sectionNumber":"sec.217","sectionType":"section","heading":"Requirements that must be completed within a stated time","content":"### sec.217 Requirements that must be completed within a stated time\n\nThis section applies if—\nthe repealed Act required a matter to be completed within a stated period or by a stated time; and\nimmediately before the commencement—\nthe stated period or time had not expired or elapsed; and\nthe matter had not been completed.\nThe matter must be completed under this Act after the commencement.\nHowever, the period or time provided for under the repealed Act for completion of the matter continues to apply instead of the period or time provided for under this Act to the extent of any inconsistency.\nUnder the repealed Act, a training contract must be signed before the end of the probationary period which may be up to 90 days. Under this Act, the training contract must be signed within 14 days after the day the apprenticeship or traineeship starts. The period for signature of the contract provided for under the repealed Act continues to apply.\n(sec.217-ssec.1) This section applies if— the repealed Act required a matter to be completed within a stated period or by a stated time; and immediately before the commencement— the stated period or time had not expired or elapsed; and the matter had not been completed.\n(sec.217-ssec.2) The matter must be completed under this Act after the commencement.\n(sec.217-ssec.3) However, the period or time provided for under the repealed Act for completion of the matter continues to apply instead of the period or time provided for under this Act to the extent of any inconsistency. Under the repealed Act, a training contract must be signed before the end of the probationary period which may be up to 90 days. Under this Act, the training contract must be signed within 14 days after the day the apprenticeship or traineeship starts. The period for signature of the contract provided for under the repealed Act continues to apply.\n- (a) the repealed Act required a matter to be completed within a stated period or by a stated time; and\n- (b) immediately before the commencement— (i) the stated period or time had not expired or elapsed; and (ii) the matter had not been completed.\n- (i) the stated period or time had not expired or elapsed; and\n- (ii) the matter had not been completed.\n- (i) the stated period or time had not expired or elapsed; and\n- (ii) the matter had not been completed.","sortOrder":347},{"sectionNumber":"sec.218","sectionType":"section","heading":"Continued appointment of inspectors","content":"### sec.218 Continued appointment of inspectors\n\nThis section applies to a person who, immediately before the commencement, was appointed as an inspector under the repealed Act.\nThe person continues as an inspector under this Act on the same terms of appointment that applied to the person immediately before the commencement.\nAn identity card issued to an inspector under the repealed Act is taken to be an identity card issued under this Act until the earlier of—\nthe issue of an identity card to the inspector under this Act; or\n3 months after the commencement.\n(sec.218-ssec.1) This section applies to a person who, immediately before the commencement, was appointed as an inspector under the repealed Act.\n(sec.218-ssec.2) The person continues as an inspector under this Act on the same terms of appointment that applied to the person immediately before the commencement.\n(sec.218-ssec.3) An identity card issued to an inspector under the repealed Act is taken to be an identity card issued under this Act until the earlier of— the issue of an identity card to the inspector under this Act; or 3 months after the commencement.\n- (a) the issue of an identity card to the inspector under this Act; or\n- (b) 3 months after the commencement.","sortOrder":348},{"sectionNumber":"sec.219","sectionType":"section","heading":"Variation of trust continues in force","content":"### sec.219 Variation of trust continues in force\n\nThis section applies if a variation of a trust under the repealed Act, section 252 was in force immediately before the commencement.\nThe variation continues in force under this Act after the commencement.\n(sec.219-ssec.1) This section applies if a variation of a trust under the repealed Act, section 252 was in force immediately before the commencement.\n(sec.219-ssec.2) The variation continues in force under this Act after the commencement.","sortOrder":349},{"sectionNumber":"sec.220","sectionType":"section","heading":"Savings provision for TAFE institutes","content":"### sec.220 Savings provision for TAFE institutes\n\nThis section applies if, on the commencement, a transfer regulation has not come into effect under the TAFE Queensland Act 2013 , section 50 transferring the business, assets and liabilities of a TAFE institute to another relevant TAFE entity within the meaning of section 49 of that Act.\nChapter 6 of the repealed Act continues to apply in relation to the TAFE institute as if the chapter had not been repealed.\nThis section stops applying on the day a transfer regulation mentioned in subsection (1) comes into effect.\nIn this section—\nTAFE institute has the meaning given under the repealed Act as in force immediately before the commencement.\n(sec.220-ssec.1) This section applies if, on the commencement, a transfer regulation has not come into effect under the TAFE Queensland Act 2013 , section 50 transferring the business, assets and liabilities of a TAFE institute to another relevant TAFE entity within the meaning of section 49 of that Act.\n(sec.220-ssec.2) Chapter 6 of the repealed Act continues to apply in relation to the TAFE institute as if the chapter had not been repealed.\n(sec.220-ssec.3) This section stops applying on the day a transfer regulation mentioned in subsection (1) comes into effect.\n(sec.220-ssec.4) In this section— TAFE institute has the meaning given under the repealed Act as in force immediately before the commencement.","sortOrder":350},{"sectionNumber":"sec.221","sectionType":"section","heading":"Relationship with other divs","content":"### sec.221 Relationship with other divs\n\nTo the extent of any inconsistency, this division applies subject to divisions 2 to 4.","sortOrder":351},{"sectionNumber":"sec.222","sectionType":"section","heading":null,"content":"### Section sec.222\n\ns 222 exp 1 July 2015 (see s 222(4))","sortOrder":352},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Repeal, savings and transitional provisions for Queensland Training Assets Management Authority Repeal Act 2015","content":"# Repeal, savings and transitional provisions for Queensland Training Assets Management Authority Repeal Act 2015","sortOrder":353},{"sectionNumber":"ch.9-pt.3-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":354},{"sectionNumber":"sec.223","sectionType":"section","heading":"Repeal","content":"### sec.223 Repeal\n\nThe Queensland Training Assets Management Authority Act 2014 , No. 23 is repealed.\ns 223 ins 2015 No. 9 s 4","sortOrder":355},{"sectionNumber":"ch.9-pt.3-div.2","sectionType":"division","heading":"Savings and transitional provisions","content":"## Savings and transitional provisions","sortOrder":356},{"sectionNumber":"sec.224","sectionType":"section","heading":"Definitions for div 2","content":"### sec.224 Definitions for div 2\n\nIn this division—\nQTAMA means QTAMA in existence under the repealed Act before the commencement.\nrepealed Act means the repealed Queensland Training Assets Management Authority Act 2014 .\ns 224 ins 2015 No. 9 s 4","sortOrder":357},{"sectionNumber":"sec.225","sectionType":"section","heading":"QTAMA, CEO and board","content":"### sec.225 QTAMA, CEO and board\n\nOn the commencement—\nQTAMA and its board are dissolved; and\nQTAMA’s chief executive officer and each member of its board go out of office.\nNo compensation is payable to a person because of subsection (1)(b).\nTo remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.\ns 225 ins 2015 No. 9 s 4\n(sec.225-ssec.1) On the commencement— QTAMA and its board are dissolved; and QTAMA’s chief executive officer and each member of its board go out of office.\n(sec.225-ssec.2) No compensation is payable to a person because of subsection (1)(b).\n(sec.225-ssec.3) To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.\n- (a) QTAMA and its board are dissolved; and\n- (b) QTAMA’s chief executive officer and each member of its board go out of office.","sortOrder":358},{"sectionNumber":"sec.226","sectionType":"section","heading":"State is successor in law of QTAMA","content":"### sec.226 State is successor in law of QTAMA\n\nThe State is the successor in law of QTAMA.\nSubsection (1) is not limited by another provision of this division.\ns 226 ins 2015 No. 9 s 4\n(sec.226-ssec.1) The State is the successor in law of QTAMA.\n(sec.226-ssec.2) Subsection (1) is not limited by another provision of this division.","sortOrder":359},{"sectionNumber":"sec.227","sectionType":"section","heading":"Assets and liabilities","content":"### sec.227 Assets and liabilities\n\nOn the commencement, the assets and liabilities of QTAMA immediately before the commencement become assets and liabilities of the State held in the department.\ns 227 ins 2015 No. 9 s 4","sortOrder":360},{"sectionNumber":"sec.228","sectionType":"section","heading":"Records and other documents","content":"### sec.228 Records and other documents\n\nOn the commencement, QTAMA’s records and other documents held by QTAMA immediately before the commencement become records and other documents of the State held in the department.\ns 228 ins 2015 No. 9 s 4","sortOrder":361},{"sectionNumber":"sec.229","sectionType":"section","heading":"Current instruments","content":"### sec.229 Current instruments\n\nThis section applies to a contract or other instrument to which QTAMA was a party, or that otherwise applied to QTAMA, immediately before the commencement (a current instrument ).\nThe State is a party to the current instrument, or the current instrument otherwise applies to the State, in place of QTAMA.\nWithout limiting subsection (2)—\nany right, title, interest or liability of QTAMA arising under or relating to a current instrument is a right, title, interest or liability of the State; and\na current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of QTAMA before the commencement is taken to have been given to, by or in favour of the State; and\nan application relating to a current instrument made in the name of QTAMA before the commencement is taken to have been made in the name of the State; and\na current instrument under which an amount is, or may become, payable to or by QTAMA is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by QTAMA; and\na current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by QTAMA is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by QTAMA.\ns 229 ins 2015 No. 9 s 4\n(sec.229-ssec.1) This section applies to a contract or other instrument to which QTAMA was a party, or that otherwise applied to QTAMA, immediately before the commencement (a current instrument ).\n(sec.229-ssec.2) The State is a party to the current instrument, or the current instrument otherwise applies to the State, in place of QTAMA.\n(sec.229-ssec.3) Without limiting subsection (2)— any right, title, interest or liability of QTAMA arising under or relating to a current instrument is a right, title, interest or liability of the State; and a current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of QTAMA before the commencement is taken to have been given to, by or in favour of the State; and an application relating to a current instrument made in the name of QTAMA before the commencement is taken to have been made in the name of the State; and a current instrument under which an amount is, or may become, payable to or by QTAMA is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by QTAMA; and a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by QTAMA is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by QTAMA.\n- (a) any right, title, interest or liability of QTAMA arising under or relating to a current instrument is a right, title, interest or liability of the State; and\n- (b) a current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of QTAMA before the commencement is taken to have been given to, by or in favour of the State; and\n- (c) an application relating to a current instrument made in the name of QTAMA before the commencement is taken to have been made in the name of the State; and\n- (d) a current instrument under which an amount is, or may become, payable to or by QTAMA is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by QTAMA; and\n- (e) a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by QTAMA is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by QTAMA.","sortOrder":362},{"sectionNumber":"sec.230","sectionType":"section","heading":"References to QTAMA","content":"### sec.230 References to QTAMA\n\nIn an Act or document, a reference to QTAMA is, if the context permits, taken to be a reference to the State.\ns 230 ins 2015 No. 9 s 4","sortOrder":363},{"sectionNumber":"sec.231","sectionType":"section","heading":"Current proceedings","content":"### sec.231 Current proceedings\n\nThis section applies to a proceeding that, immediately before the commencement, had not ended and to which QTAMA was a party.\nOn the commencement, the State becomes a party to the proceeding in place of QTAMA.\ns 231 ins 2015 No. 9 s 4\n(sec.231-ssec.1) This section applies to a proceeding that, immediately before the commencement, had not ended and to which QTAMA was a party.\n(sec.231-ssec.2) On the commencement, the State becomes a party to the proceeding in place of QTAMA.","sortOrder":364},{"sectionNumber":"sec.232","sectionType":"section","heading":"Proceedings not yet started","content":"### sec.232 Proceedings not yet started\n\nThis section applies if, immediately before the commencement, a proceeding could have been started by or against QTAMA within a particular period.\nThe proceeding may be started by or against the State within the period.\ns 232 ins 2015 No. 9 s 4\n(sec.232-ssec.1) This section applies if, immediately before the commencement, a proceeding could have been started by or against QTAMA within a particular period.\n(sec.232-ssec.2) The proceeding may be started by or against the State within the period.","sortOrder":365},{"sectionNumber":"sec.233","sectionType":"section","heading":"Registering authority to note transfer or other dealing","content":"### sec.233 Registering authority to note transfer or other dealing\n\nA registering authority must, on written application by the chief executive and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this division.\nThe chief executive must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\nIn this section—\nregistering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.\ns 233 ins 2015 No. 9 s 4\n(sec.233-ssec.1) A registering authority must, on written application by the chief executive and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this division.\n(sec.233-ssec.2) The chief executive must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\n(sec.233-ssec.3) In this section— registering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.","sortOrder":366},{"sectionNumber":"sec.234","sectionType":"section","heading":"Staff","content":"### sec.234 Staff\n\nSection 229 applies to a contract of employment that was in force under section 33 of the repealed Act immediately before the commencement.\nStaff employed by the State under a contract mentioned in subsection (1) are not employed under the Public Service Act 2008 .\nDespite its repeal, section 37 of the repealed Act applies to a person employed under a contract mentioned in subsection (1) who is appointed as a public service employee after the commencement as if—\na reference in the section to a staff member included a person employed under the contract; and\na reference in the section to service as a staff member included service under the contract.\nOn the commencement, each of the following ends—\na work performance arrangement under section 34 of the repealed Act;\nan interchange arrangement under section 35 of the repealed Act.\ns 234 ins 2015 No. 9 s 4\n(sec.234-ssec.1) Section 229 applies to a contract of employment that was in force under section 33 of the repealed Act immediately before the commencement.\n(sec.234-ssec.2) Staff employed by the State under a contract mentioned in subsection (1) are not employed under the Public Service Act 2008 .\n(sec.234-ssec.3) Despite its repeal, section 37 of the repealed Act applies to a person employed under a contract mentioned in subsection (1) who is appointed as a public service employee after the commencement as if— a reference in the section to a staff member included a person employed under the contract; and a reference in the section to service as a staff member included service under the contract.\n(sec.234-ssec.4) On the commencement, each of the following ends— a work performance arrangement under section 34 of the repealed Act; an interchange arrangement under section 35 of the repealed Act.\n- (a) a reference in the section to a staff member included a person employed under the contract; and\n- (b) a reference in the section to service as a staff member included service under the contract.\n- (a) a work performance arrangement under section 34 of the repealed Act;\n- (b) an interchange arrangement under section 35 of the repealed Act.","sortOrder":367},{"sectionNumber":"sec.235","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.235 Effect on legal relationships\n\nA thing done under this division—\ndoes not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and\ndoes not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\ndoes not fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; and\ndoes not release a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this division, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf giving notice to a person would be necessary to do something under this division, the notice is taken to have been given.\nA reference in this section to the State includes an employee or agent of the State.\ns 235 ins 2015 No. 9 s 4\n(sec.235-ssec.1) A thing done under this division— does not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and does not fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; and does not release a surety or other obligee, wholly or partly, from an obligation.\n(sec.235-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this division, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sec.235-ssec.3) If giving notice to a person would be necessary to do something under this division, the notice is taken to have been given.\n(sec.235-ssec.4) A reference in this section to the State includes an employee or agent of the State.\n- (a) does not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and\n- (b) does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\n- (c) does not fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; and\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; and\n- (d) does not release a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; and","sortOrder":368},{"sectionNumber":"sec.236","sectionType":"section","heading":"Annual report","content":"### sec.236 Annual report\n\nDespite its repeal, section 73 of the repealed Act applies in relation to an annual report of QTAMA under the Financial Accountability Act 2009 prepared after the commencement.\ns 236 ins 2015 No. 9 s 4","sortOrder":369},{"sectionNumber":"sec.237","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.237 Confidentiality of criminal history information\n\nDespite its repeal, section 76 of the repealed Act continues to apply in relation to a report or information to which that section applied immediately before the commencement.\ns 237 ins 2015 No. 9 s 4","sortOrder":370},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Transitional provisions for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2019","content":"# Transitional provisions for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2019","sortOrder":371},{"sectionNumber":"sec.238","sectionType":"section","heading":"Application for extension of nominal term made but not decided before commencement","content":"### sec.238 Application for extension of nominal term made but not decided before commencement\n\nThis section applies if —\nbefore the commencement, an application to extend the nominal term of a registered training contract was made under section 23; and\nimmediately before the commencement, the chief executive had not decided the application.\nThe chief executive must decide the application under this Act as in force immediately before the commencement.\ns 238 ins 2019 No. 33 s 26\n(sec.238-ssec.1) This section applies if — before the commencement, an application to extend the nominal term of a registered training contract was made under section 23; and immediately before the commencement, the chief executive had not decided the application.\n(sec.238-ssec.2) The chief executive must decide the application under this Act as in force immediately before the commencement.\n- (a) before the commencement, an application to extend the nominal term of a registered training contract was made under section 23; and\n- (b) immediately before the commencement, the chief executive had not decided the application.","sortOrder":372}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Since its core purpose is to set out a modern apprenticeship and traineeship system, subsequent insertions have materially broadened its scope beyond a simple contract/qualification framework. Notable scope expansions include establishing an independent Training Ombudsman with investigative powers (ss 112A–112ZI), creating formal recognition, audit and standards regimes for Group Training Organisations and Principal Employer Organisations (ss 83–98), strengthening an inspectorate with wide entry, seizure and information‑gathering powers (ch 5, ss 114–166) and adding detailed forfeiture/disposal mechanisms (ss 150–156). The Act also accumulated substantive transitional and trust‑variation mechanisms (ss 183–186, ch 9) and added employer stand‑down/temporary suspension powers (ss 32E–32F). Those additions increase administrative control and enforcement reach, and introduce separate accreditation/compliance tracks (GTO/PEO, pre‑qualified suppliers), shifting the instrument from primarily recording training relationships to a comprehensive regulatory and quality‑assurance regime."},"complexity_factors":["Long statute: over 230 sections (s 1–s 238) with multiple Parts and Divisions","High number of cross‑references to other Acts and repealed Acts (Fair Work Act, Industrial Relations Act, QCAT Act, Magistrates procedures, etc.)","Several distinct regulatory regimes embedded (training contracts/plan regime; GTO/PEO recognition and standards; Training Ombudsman; inspectorate and seizure powers; forfeiture/disposal orders; trusts variation and QTAMA transitional rules)","Many defined terms (dictionary in Schedule 1) and recurring special‑case definitions (e.g. 'minor amendment', 'help requirement', 'prescribed decision')","Numerous procedural time limits and nested show‑cause/appeal steps (7, 14, 21, 28, 30, 90 days) creating conditional time logic across divisions","Warrant, entry and seizure powers with layered safeguards and exceptions (chs 5; ss 129–136, 139–156)","Discretionary administrative powers concentrated in the chief executive with multiple conditional exceptions and review routes (ss 17, 20, 23, 32D, 35D, 59, 82D–G)","Appeals and review split across multiple forums (QCAT for some decisions, Industrial Relations Commission for others, Industrial Court on legal questions) (chs 6, ss 167–173)","Extensive transitional and savings provisions tying back to repealed Acts and special entities (ch 9, ss 200–238), adding implementation complexity","Multiple offence and penalty regimes (summary offences, civil orders, administrative penalties) with different penalty unit levels across sections"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a single, state-run system for apprenticeships and traineeships. It makes a training contract mandatory between an employer and an apprentice/trainee (start date, signing and registration rules) and requires a signed training plan supervised by an approved Registered Training Organisation (RTO). (see: ss 9, 15–17, 65–75)\n\n- Gives the chief executive of the department broad administrative powers over those contracts and plans: decide nominal terms and probationary periods, register or refuse contracts, approve amendments, extend terms, permit transfers (temporary and permanent), suspend or cancel contracts, and issue or cancel completion certificates. Many decisions must be in a stated form, with time limits and show‑cause notice requirements. (see: ss 10–14, 17, 20–23, 24–35, 47, 50, 52–54)\n\n- Sets out duties and rights for the parties: what apprentices/trainees must do (attendance, training), what employers must provide (supervision, facilities, not obstruct training), and obligations of the supervising RTO (deliver training, complete employer resource assessments). There are specific rules for young people, school students and for consent by parents in many cases. (see: ss 55–57, 66A, 67–74)\n\n- Creates specialist recognised providers and intermediaries: rules to recognise and regulate Group Training Organisations (GTOs) and Principal Employer Organisations (PEOs) including standards, audits, certificates of recognition and cancellation processes. Being recognised affects how many apprentices an entity may host and the conditions that apply. (see: ss 83–90, 91–98, s 99)\n\n- For quality and dispute handling, establishes an independent Training Ombudsman office to receive and assess complaints about vocational training, prescribed chief‑executive decisions, compliance matters and pre‑qualified suppliers, with power to investigate, recommend and refer matters. (see: ss 112A–112ZI)\n\n- Provides compliance, inspection and enforcement powers: appointment of inspectors with identity cards, entry powers (consent, public place, warrant), broad search, seizure and copying powers, rights to require information, and criminal and administrative sanctions (penalties, forfeiture, disposal orders). (see: ch 5 — esp. ss 114–136, 139–156, 157–166)\n\n- Sets internal review and appeal routes: some chief executive decisions are reviewable by QCAT, others are appealable to the Industrial Relations Commission (IRC); the IRC’s decisions can be appealed to the Industrial Court on questions of law. (see: ss 167–173)\n\n- Contains transitional, savings and trust‑variation provisions (to deal with repealed laws, TAFE/TTraining assets and trust property). (see: ch 9, ss 183–186, 210, 225–235)\n\n\nWho this affects\n\n- Apprentices and trainees: their legal status, obligations, and protections (training plans, completion certificates, suspension/cancellation processes). (see: ss 6–7, 45–51)\n- Employers: required to sign and lodge contracts, provide training and supervision, report notifiable events, face prohibitions (prohibited‑employer declarations) and penalties for non‑compliance. (see: ss 15–17, 56–58, 59–63)\n- Registered Training Organisations (RTOs) and pre‑qualified suppliers: must accept supervision nominations, prepare training plans and employer resource assessments, deliver training, and may be audited or lose recognition. (see: ss 65–70, 66A, 82–83, 107–112)\n- Group Training Organisations and Principal Employer Organisations: a separate recognition regime with standards, audits and certificates that allow them to host many apprentices. (see: ss 83–90, 91–98)\n- The department and chief executive: make many administrative decisions, run registers, enforce compliance and manage appeals. (see: ss 16–17, 196–197)\n- Independent bodies and courts: Training Ombudsman, QCAT, IRC and magistrates (for warrants and offences) all have defined roles. (see: ss 112B, 167–173, ss 129–133)\n\n\nWhy it matters (official aim, then trade‑offs and mechanisms)\n\n- Officially the Act is designed to strengthen the skilled workforce, link vocational training to employment, streamline apprenticeships/traineeships and support employers and industry. (see: s 4)\n\n- How the law implements those aims and what it costs: who pays, who decides, and likely behaviour changes\n  - Who pays: administrative and compliance costs fall mainly on employers and RTOs (registration, signing, audits, employer resource assessments, reporting notifiable events). Apprentices may face loss of pay when lawfully stood down under a temporary suspension approved by the chief executive (see s 32F(5)). The State bears enforcement costs (inspectors, ombudsman) and may recover or dispose of seized property (ss 139–156, 150, 155). Penalties (expressed in penalty units) apply to employers, RTOs and individuals for contraventions (examples: ss 15, 16, 19, 56–57, 66A, 147, 164–166).\n  - Who decides: the chief executive holds wide discretionary control over registration, amendment, suspension and cancellation of contracts and training plans (ss 17, 20, 22, 23, 32D, 35D, 82D–G). Inspectors exercise compliance powers under judicial warrant or consent (ch 5). Independent review or appeal is available to QCAT or the Industrial Relations Commission depending on the decision (ss 167–173). The Training Ombudsman provides an external complaint channel and can review prescribed decisions (ss 112D, 112K).\n  - Behavioural incentives and trade‑offs: centralised approval and registration is intended to protect quality and ensure training leads to qualifications, but it also creates administrative friction and discretionary gates that can delay hires, transfers or amendments. For example, employers must submit contracts for registration (s 16–17) and face limits on charging “premiums” (s 19). GTO/PEO recognition (ss 84–95) and the 24‑apprentice hosting cap on ordinary employers (s 99) create scale incentives for organisations to become recognised intermediaries. Requiring RTOs to complete employer resource assessments (s 66A) raises quality information but increases RTO administrative work and gives the department more touchpoints for intervention.\n  - Compliance and dispute costs: multiple procedural time limits (7, 14, 21, 28, 30, 90 days etc.) and repeated show‑cause steps (e.g. before cancellation, revocation, or disciplinary orders) aim to protect natural justice but increase administrative complexity and delay (examples: ss 12–13, 20(6), 37–38, 89–90, 112C–112J).\n\n\nRisks, concentration of benefits, and implementation points to watch\n\n- Discretion concentration: many operational decisions rest with the chief executive (registering, refusing, declaring prohibited employers, altering training plan delivery). That central discretion provides flexibility but concentrates power in a single administrative office (examples: ss 17, 59, 82E). The Act builds in show‑cause and review rights (ss 37, 61, 89, 167, 168) to mediate that discretion.\n\n- Concentrated benefits: recognised GTOs/PEOs and large training organisations gain the ability to host many apprentices and benefit from scale (s 99, ss 83–95). That creates organisational incentives to seek recognition and to centralise placement activity.\n\n- Diffuse costs: small employers face the heaviest per‑apprentice compliance burden (forms, reports, training-plan negotiation, supervision obligations, potential audits, penalties for non‑compliance) (see ss 15–17, 56–58, 74–76).\n\n- Substitution effects: employers who want to host large cohorts are incentivised to use or form GTOs/PEOs rather than act alone (s 99). Changes to training-plan delivery (chief executive powers in ss 82D, 82E) can alter modes of training that RTOs and employers rely on.\n\n- Enforcement and privacy risks: inspectors have wide search/seizure and information‑gathering powers (ch 5) and there are confidentiality rules (s 191) and protections for decision‑makers (s 194). The regime balances investigatory reach with limits (warrants, show‑cause, review rights) but requires robust administrative resources to operate fairly and quickly.\n\n\nPractical points for affected parties\n\n- Employers: ensure prompt signing and lodging of contracts (ss 15–16), maintain training records and notify events (s 58), be aware of prohibited‑employer risks (s 59) and limits on hosting without recognition (s 99).\n- Apprentices/trainees: keep copies of training plans and completion evidence; be aware of probation, suspension and appeal rights; and note potential for re‑registration after reinstatement (s 40D).\n- RTOs and aspirant GTOs/PEOs: expect audits, employer resource assessments and formal recognition processes; prepare documentation and compliance systems (ss 84–87, 66A).\n- Advisers and in‑house compliance teams: track timelines for show‑cause, appeals to QCAT and IRC, and the variety of remedies (information notices, fines, cancellation, forfeiture).\n\n(Selected section references in parentheses throughout the summary.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The 2019 amendments (No. 33) meaningfully expanded the Act's scope beyond its original bilateral (employer-employee agreement) framework. The original Act largely assumed both parties would act cooperatively. The 2019 changes added unilateral suspension (ss. 32A-32D), employer-initiated short-term stand-down with unpaid stand-down provisions (ss. 32E-32F), and unilateral cancellation by one party (ss. 35A-35E). These additions reflect real-world situations — such as employer insolvency or incapacity — where the mutual consent model breaks down, significantly broadening the government's dispute-resolution and intervention role."},"complexity_factors":["Multiple overlapping processes for similar actions (e.g., suspension and cancellation can be initiated jointly or unilaterally, each with different procedures)","Extensive cross-referencing between sections (e.g., section 27 refers back to section 17(5)(c)-(g) 'with necessary modifications')","Numerous procedural timelines that must be tracked (7-day, 14-day, 21-day, 28-day deadlines across different processes)","Sections added by 2019 amendments (ss. 32A-32F, 35A-35E) create parallel pathways that must be read alongside original provisions","Different rules for minors (under 18) threaded throughout, adding conditional layers to most processes","The 'prohibited employer' concept and its interaction with registration criteria adds a compliance layer for employers","Interaction with external legislation (Education (General Provisions) Act 2006, visa law) creates dependencies outside the Act","The distinction between temporary and permanent transfers, and between consensual and unilateral processes, requires careful navigation","Statutory transfer/cancellation provisions on business sale (s.29) involve complex deemed outcomes depending on circumstances"],"plain_english_summary":"The Further Education and Training Act 2014 is Queensland’s framework for apprenticeships and traineeships: it defines how training contracts are formed, registered and enforced, sets probation and notice rules, and regulates changes, transfers, suspensions and cancellations. It protects learners from exploitative fees and false contracts, applies to apprentices/trainees, employers, training organisations and parents of minors, and governs what happens to contracts if a business is sold or closes."},"kimi_summary":{"_metrics":{"completionTokens":774},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2014 form. The 2016 amendments added the entire Training Ombudsman scheme (Chapter 4A) and restricted callings provisions. The 2019 amendments introduced substantial new divisions for one-party applications to suspend or cancel contracts, temporary suspension and stand-down provisions, and chief executive-initiated training plan changes. These additions moved the Act from a primarily contractual/administrative framework to include more dispute resolution, enforcement, and intervention powers."},"complexity_factors":["Multiple amendment references (2014, 2016, 2019, 2022, 2023) indicating evolving legislation","Extensive cross-referencing between sections (e.g., sections 17, 36, 58, 112A)","Nested conditional logic throughout (e.g., 'if X then Y, unless Z, however...')","Multiple defined terms in dictionary (Schedule 1 referenced but not shown)","Parallel structures for similar concepts (apprentices vs trainees, group training vs principal employer organisations)","Show cause notice procedures repeated across multiple decision types","Parental consent exceptions with 'inappropriate in all circumstances' tests","Interaction with other Acts (Fair Work Act, Industrial Relations Act, Education Act, etc.)","Detailed procedural requirements with specific timeframes (7 days, 14 days, 21 days, 28 days, 6 months)"],"plain_english_summary":"**What this legislation does:**\n\nThis is Queensland's **Further Education and Training Act 2014**, which sets up the legal framework for apprenticeships, traineeships, and vocational education in the state.\n\n**Key things it covers:**\n\n- **Apprenticeships and traineeships** — how they start, run, and finish. Employers and trainees sign formal contracts that must be registered with the government. The Act sets rules for probation periods, extending contracts, transferring them between employers, suspending them, and cancelling them.\n\n- **Who can employ apprentices** — the chief executive can declare someone a \"prohibited employer\" if they're unsuitable (for example, if they have a bad safety record or criminal convictions). There's also a limit on how many apprentices a regular employer can host (24) unless they're a recognised group training organisation.\n\n- **Training organisations** — registered training organisations must supervise apprentices, create training plans, and assess whether employers have the right facilities and resources.\n\n- **Group training organisations and principal employer organisations** — special bodies that can employ apprentices and place them with other businesses for training. They need official recognition and must meet standards.\n\n- **The Training Ombudsman** — an independent office that handles complaints about vocational training, apprenticeships, and decisions made under this Act. They can investigate, make recommendations, and refer matters to other agencies.\n\n- **Inspection and enforcement** — inspectors can enter workplaces, seize evidence, require information, and issue fines for offences. There are detailed rules about warrants, consent, and what inspectors can and can't do.\n\n- **Certificates of achievement** — for people who complete training outside the formal apprenticeship system.\n\n**Who it affects:**\n- Apprentices and trainees\n- Employers taking on apprentices\n- Registered training organisations\n- Group training organisations\n- Anyone delivering vocational education programs\n\n**Why it matters:**\nThis Act is the backbone of Queensland's skilled trades system. It ensures apprentices get proper training, protects them from dodgy employers, and gives the government tools to enforce standards. The Training Ombudsman adds an extra layer of accountability for when things go wrong."}},"importantCases":[],"_links":{"self":"/api/acts/further-education-and-training-act-2014","history":"/api/acts/further-education-and-training-act-2014/history","analysis":"/api/acts/further-education-and-training-act-2014/analysis","conflicts":"/api/acts/further-education-and-training-act-2014/conflicts","importantCases":"/api/acts/further-education-and-training-act-2014/important-cases","documents":"/api/acts/further-education-and-training-act-2014/documents"}}