Work experience arrangement (s 4)

• Defined as an arrangement made between a student’s educational establishment and a person (the work experience provider) under which the provider will give experience to the student as part of the student’s education (s 4(1)).
• Not all arrangements involving higher education providers are "work experience arrangements": an arrangement by a registered higher education provider is excluded if it is for students enrolled in a course provided by that provider and the experience is a mandatory or assessable part of the course (s 4(2)). The Act signals the external reference for "registered higher education provider" as the Tertiary Education Quality and Standards Agency Act 2011, s 5 (s 4(3)).

Educational establishment (s 5)

• The Act lists who counts as the educational establishment for a student: State school, non‑State school, registered home education place, registered training organisation (per the National Vocational Education and Training Regulator Act 2011), university, or any entity prescribed by regulation (s 5(1)).
• The Act also allows regulations to exclude particular institutions from being considered an educational establishment (s 5(2)).

Principal and approval (s 7)

• A placement may be made only with the principal’s approval (s 7(1)).
• The principal may approve only if, in the principal’s opinion, the provider is suitable (s 7(2)).
• The principal may delegate this power to an officer or employee of the educational establishment (s 7(3)). The statutory test is the principal’s opinion, subject to the Act’s conditions.

Responsible body and insuring body (ss 8-9)

• "Responsible body" for the workers’ compensation requirement is defined in s 8(2): the chief executive (education) for State schools and home education places; otherwise, the educational establishment.
• "Insuring body" for the indemnity contract in s 9(3) is the chief executive (education) for State schools, home education places and non‑State schools; otherwise, the educational establishment.
• The requirement: a student must not start a placement until the responsible body has a suitable contract with WorkCover Queensland under the Workers’ Compensation and Rehabilitation Act 2003 (s 8(1)), and until the insuring body has an indemnity contract against liability for injury or property damage arising out of work experience (s 9(1)).

Liability cap and GST (s 9(2))

• The indemnity contract must have a maximum payable for a claim of $10,000,000 plus an amount directly attributable to any GST payable in relation to a supply made because of the settlement of the claim.

Non‑employee status and carve‑outs (s 10)

• The default legal effect: a student on work experience is taken not to be the employee of the provider, and the provider is not the employer (s 10(1)-(2)).
• The Act explicitly says that laws prohibiting employment or regulating working conditions do not apply to work experience (s 10(2)).
• Carve‑outs: the Work Health and Safety Act 2011, Child Employment Act 2006 section 8A, and laws that prohibit employment or regulate working conditions where particular qualifications are needed still apply to work experience as if the student were an employee (s 10(3)).

Conditions of work experience (s 12)

• Written arrangement must be made before start (s 12(1)(a); echoed by s 6(2) which requires the arrangement to be in writing).
• Parental written consent required if student is a minor, except where the student is not in an adult’s care and control (s 12(1)(b), (2)).
• Placement must finish in the year it starts (s 12(1)(c)).
• Student must not receive work experience for more than 30 days in a year (s 12(1)(d)); principal may approve more than 30 days for a student who is a person with a disability (s 12(3)).
• Provider must not provide work experience to more than the "permitted number of students" at once. The permitted number is the number equal to the number of full‑time employees of the provider, or, in special circumstances, a number approved by the chief executive (s 12(1)(e), (4)).
• Provider must not provide work experience outside the ordinary working hours of the place where the experience is provided (s 12(1)(f)).
• Student must not be paid for work experience (s 12(1)(g)).

Regulations and exclusions (ss 5, 13, 14)

• The Governor in Council may make regulations under the Act (s 13).
• The Act preserves transitional references to the repealed Education (Student Work Experience) Act 1978 (s 14).

Other statutory interactions (ss 4, 10-11)

• The Act references and coordinates with other statutes: the Tertiary Education Quality and Standards Agency Act 2011 (s 4(3)), the National Vocational Education and Training Regulator Act 2011 (s 5(1)), the Workers’ Compensation and Rehabilitation Act 2003 (s 8), the Work Health and Safety Act 2011 (s 10(3)), the Child Employment Act 2006 (s 10(3)), and the Further Education and Training Act 2014 (s 11).

These concepts set out who decides (principals, chief executive (education), Governor in Council for regulations), who pays for insurance and indemnities (responsible body and insuring body as defined), and how students are treated relative to employment regulation (generally not employees, with specified exceptions).

Students

• Any student who participates in what the Act calls "work experience" is directly subject to the Act’s requirements and protections. The Act differentiates minors and persons with disability (s 12(1)(b), (3)), and it limits total days of placement per year (s 12(1)(d)). The Act also prescribes that students must not be paid for work experience (s 12(1)(g)).

Educational establishments

• The statutory duties to arrange work experience, obtain approvals and procure insurance fall on the educational establishment where the student is enrolled, unless a specific alternative is named. For State schools and home education places the chief executive (education) is the responsible body for the WorkCover contract (s 8(2)); for other students the educational establishment is the responsible body (s 8(2)). The insuring body is the chief executive (education) for State schools, home education places and non‑State schools; otherwise, it is the educational establishment (s 9(3)). Educational establishments therefore carry administrative obligations and financial exposure for insurance premiums or indemnity arrangements. Section 5 lists which bodies count as educational establishments and permits regulations to include or exclude entities from that definition (s 5(1)-(2)).

Principals and delegated officers

• The principal’s approval is a statutory gate: no placement may be made for a student except with the principal’s approval (s 7(1)). The principal’s opinion of the provider’s suitability is the statutory standard (s 7(2)), and the principal may delegate the approval power to an officer or employee (s 7(3)). Those exercising delegated authority therefore have a statutory role in approving placements.

Work experience providers

• Businesses, charities or other persons ("work experience providers") who host students must operate inside the Act’s conditions: they must not host beyond the permitted number of students at the same time (s 12(1)(e)), must host students only during ordinary working hours (s 12(1)(f)), must not pay students (s 12(1)(g)), and must accept that for many legal purposes the student will not be an employee (s 10(1)-(2)). At the same time, certain obligations still attach to providers by operation of other Acts, notably the Work Health and Safety Act 2011 (s 10(3)).

Parents and carers

• If the student is a minor, written parental consent is required before the placement starts (s 12(1)(b)), except where the student is not in an adult’s care and control (s 12(2)). Parents therefore have a statutory participation right in consenting to placements for minors.

Chief executive (education) and WorkCover Queensland

• The chief executive (education) acts as responsible and insuring body in relation to State schools and home education (ss 8(2), 9(3)), and is the decision‑maker who may approve departures from the permitted number of students in special circumstances (s 12(4)). WorkCover Queensland is the named counterparty for the required workers’ compensation contract referenced in s 8(1).

Insurers and claimants

• The insuring body must enter into a contract indemnifying student and provider against liability arising from the placement (s 9(1)). That creates a money flow and claims process that will involve private or public insurers and claimants for injury or property damage. The Act caps the indemnity limit at $10,000,000 plus GST (s 9(2)).

Regulators and other Acts

• The Act interacts with statutory regimes that apply to the workplace, children’s employment and regulated callings. The Work Health and Safety Act 2011 and the Child Employment Act 2006 (s 8A) are applied to work experience as if the student were an employee (s 10(3)), so regulators and inspectors under those Acts may investigate or enforce compliance in relation to placements.

Entities excluded or treated differently

• Registered higher education providers’ mandatory or assessable course components are excluded from the Act’s definition of work experience (s 4(2)). Additionally, the Governor in Council may prescribe entities not to be educational establishments (s 5(2)), thereby removing them from the Act’s remit. The Further Education and Training Act 2014, s 64, does not apply to work experience in restricted callings (s 11), which affects vocational providers and apprenticeships that might otherwise fall within that Part.

Practically, the Act reallocates duties that would otherwise be borne by employers or students to educational establishments and State authorities for particular functions (insurance, indemnity). It also places decision rights in principals and the chief executive (education) over suitability and exceptional approvals. Those who host students are constrained by the Act’s operational conditions and by the concurrent application of WHS and child-employment laws.

Duties to prepare and approve arrangements

• Educational establishments may make work experience arrangements for students, but an arrangement must be in writing (s 6(1)-(2)). The duty to make an arrangement in writing before the student starts is reinforced by s 12(1)(a). The principal has a statutory gatekeeping duty to approve any arrangement only if the provider is, in the principal’s opinion, suitable (s 7(1)-(2)). The principal may delegate this power (s 7(3)), but the statutory requirement of prior approval remains.

Insurance and indemnity duties

• The responsible body must enter into a suitable contract of insurance with WorkCover Queensland under the Workers’ Compensation and Rehabilitation Act 2003 before the student starts (s 8(1)-(2)). The Act defines who is the responsible body: chief executive (education) for State schools/home education, otherwise the educational establishment (s 8(2)). This is a mandatory precondition: a student must not start a placement until that contract is in force.
• Separately, the insuring body must enter into a contract indemnifying the student and the provider against liability for personal injury or property damage arising out of the work experience (s 9(1), (3)). The insuring body is the chief executive (education) for State schools, home education places and non‑State schools; otherwise the educational establishment (s 9(3)). The indemnity contract’s maximum payable is $10,000,000 plus GST attributable to settlement (s 9(2)). The requirement that the insuring body enter the indemnity contract is also a precondition to the student starting (s 9(1)).

Operational duties on providers and educational establishments

• Providers must ensure they do not provide experience to more than the permitted number of students at the same time. The permitted number is the number equal to the number of full‑time employees of the provider, unless the chief executive approves a different number in special circumstances (s 12(1)(e), (4)). Providers must ensure placements occur only during the ordinary working hours of the place where the work experience is provided (s 12(1)(f)). Providers must not pay the student for the experience (s 12(1)(g)).

Parental consent and duration limits

• Where the student is a minor, a parent must give written consent to the arrangement before the placement starts (s 12(1)(b)). The Act contains a carve‑out: subsection (1)(b) does not apply to a student who is not in an adult’s care and control (s 12(2)). The placement must finish in the year it begins (s 12(1)(c)), and the general statutory maximum is 30 days of work experience in a year (s 12(1)(d)). The principal has power to approve extensions beyond 30 days for a student who is a person with a disability (s 12(3)).

Statutory rights and de‑facto immunities

• The Act creates a statutory right for educational establishments to arrange work experience (s 6(1)). It also constructs a statutory fiction that a student on work experience is not an employee and the provider not an employer (s 10(1)-(2)). That fiction carries rights and restrictions: it prevents other laws that prohibit employment or regulate working conditions from attaching to the placement, except where those laws are specifically preserved (s 10(2)-(3)). The preserved enactments include the Work Health and Safety Act 2011 and Child Employment Act 2006 s 8A, meaning duties under those Acts apply "as if" the student were an employee (s 10(3)).

Delegations and chief executive discretions

• The principal may delegate approval powers (s 7(3)). The chief executive has discretion to approve a different permitted number of students than the number equal to full‑time employees in "special circumstances" (s 12(4)). The Act does not define "special circumstances" or set out processes for the chief executive to exercise that power; it leaves scope for administrative policy and discretion.

Regulatory power and interactions

• The Governor in Council may make regulations under the Act (s 13). The Act integrates with other statutes by reference (see s 4(3), s 5(1), s 8 and s 10(3)), imposing duties and rights that flow from those external laws onto the work experience context.

Enforcement rights

• The Act itself contains few explicit enforcement mechanisms or penalties. Its primary enforcement tools are the preconditions (prohibiting start unless insurance and indemnity are in place, ss 8-9) and the application of other Acts (WHS, Child Employment). Rights of victims to claim against indemnity insurers are reflected in s 9 but the mechanics of claims follow ordinary insurance law and the external Acts cited.

In short, the Act distributes duties mainly to educational establishments and named State actors for insurance and indemnity, imposes operational limits on providers and principals, and confers a statutory non‑employee status on students while preserving key safety and child‑employment protections. Decision rights sit with principals and the chief executive (education) for suitability, delegation and special approvals.

No explicit penalty regime in the Act

• The text contains no express civil fines, criminal offences or administrative penalty provisions for contravention of any of its requirements. The Act repeatedly uses the wording "A student must not start a work experience placement until..." (ss 8(1), 9(1)), which establishes mandatory preconditions, but it does not itself specify a sanction for breach within its text.

Enforcement by preconditions and indirect sanctions

• Practically, the Act implements compliance by making certain steps legal prerequisites for a placement (written arrangement, principal approval, workers’ compensation contract with WorkCover Queensland, indemnity contract). Because a student "must not start" until those steps are done (ss 6, 7, 8, 9, 12), the immediate enforcement lever is administrative: the educational establishment and principal are expected to refuse to authorise or permit the student to begin until the preconditions are satisfied. The statutory language provides the basis for internal policy and administrative decisions to block unauthorised placements.

External Acts provide enforcement mechanisms

• The Act preserves and imports enforcement and remedial provisions by expressly making the Work Health and Safety Act 2011 and the Child Employment Act 2006 s 8A apply to work experience "as if" the student were an employee (s 10(3)). Those Acts contain inspection, prohibition, improvement notice, and penalty regimes; where they apply, their enforcement mechanisms can be used in relation to work experience placements. For example, a Work Health and Safety inspector could issue notices or prosecute offences under the WHS Act in relation to hazards that affect a student on placement, because s 10(3) makes the WHS Act apply to the placement.

Workers’ compensation and indemnity as financial enforcement

• Section 8 requires a workers’ compensation contract to be obtained with WorkCover Queensland, and s 9 requires an indemnity contract with a capped liability of $10,000,000 plus GST. These insurance instruments create funding mechanisms for claims that arise from injury or property damage during placements. While the Act does not create an administrative fine, insurers will have contractual terms and may decline coverage where conditions are not complied with; insurers also have rights of subrogation and avenues for dispute resolution. The availability and limits of these insurance protections will therefore shape the financial consequences of incidents.

Administrative discretion and absence of appeal routes

• The principal's approval is based on the principal's opinion as to suitability (s 7(2)), and the chief executive may approve special circumstances about numbers (s 12(4)). The Act contains no internal appeal process for a provider or student who disputes a principal or chief executive decision. Where decisions are challenged, review would proceed through general public‑law avenues (judicial review) under administrative law principles rather than through statutory appeal mechanisms provided within this Act, because none are specified.

Liability exposure where preconditions are ignored

• The Act’s wording that a student "must not start" where insurance is not in place (ss 8-9) and the absence of an explicit penalty does not by itself extinguish private liability. If a placement commences without the required contracts, the status of liability among an injured student, the provider or the educational establishment will be a matter for general law and for the courts to interpret in light of the statutory framework. Section 9, which requires an indemnity contract "indemnifying the student and the work experience provider against liability", anticipates that such liability will be met by the indemnity insurer, but the Act does not say what happens where the indemnity is absent: standard tort, contract and statutory liability rules continue to apply.

Recordkeeping and regulatory obligations

• The Act creates administrative duties that implicitly impose recordkeeping and procedural obligations on principals and establishments (written arrangements, parental consent where required, insurance contracts). Enforcement of these administrative duties will commonly occur through internal education authority compliance and through the external statutory frameworks (WHS inspectors, workers’ compensation auditors, insurer audits) rather than by express sanctions in the Act itself.

In sum, enforcement under this statute is implemented primarily through mandatory preconditions, linkage to other statutory enforcement regimes, insurance and indemnity arrangements, and administrative discretion by principals and the chief executive. The Act does not create its own penalty catalogue; where enforcement is required, stakeholders must rely on indirect mechanisms and the enforcement powers of the other statutes the Act preserves.

Direct cross‑references in the Act

• The Act explicitly references several other statutes, and those references determine how duties, rights and enforcement overlap:

  • Workers’ Compensation and Rehabilitation Act 2003: s 8(1) requires the responsible body to enter into a suitable contract of insurance with WorkCover Queensland "under the Workers’ Compensation and Rehabilitation Act 2003". This ties workers’ compensation coverage to the State workers’ compensation regime and to the named scheme administrator, WorkCover Queensland.

  • Tertiary Education Quality and Standards Agency Act 2011: s 4(3) points readers to that Act’s definition of "registered higher education provider" to determine when a higher education provider’s mandatory/assessed course experience is excluded from this Act’s definition of work experience.

  • National Vocational Education and Training Regulator Act 2011: s 5(1) uses that Act’s meaning of "registered training organisation" to define educational establishments for vocational students.

  • Work Health and Safety Act 2011: s 10(3)(a) makes the WHS Act apply to work experience "as if" the student were an employee and the provider an employer. This imports WHS duties, inspector powers, notices and offences into the work experience context.

  • Child Employment Act 2006, s 8A: s 10(3)(b) applies this provision to work experience as if the student were an employee. That can affect hours, conditions and other child-specific protections.

  • Further Education and Training Act 2014: s 11 says that section 64 of that Act does not apply to work experience in restricted callings, and defines "restricted calling" by reference to s 64(1) of that Act. This interaction excludes certain vocational regulatory requirements for work experience placements in restricted callings.

Deeming and exclusion mechanisms

• The Act works by deeming and excluding: it deems that a student is not an employee for most employment law purposes (s 10(1)-(2)), thereby excluding many employment protections and obligations from applying to placements; it then selectively deems certain Acts (WHS, Child Employment, qualification-based restrictions) to apply as if the student were an employee (s 10(3)). This selective importing shifts enforcement and duty burdens for safety and child protection onto work experience providers and educational establishments while excluding other labour regulation (for example, minimum wage laws) from applying.

Insurance is located in the workers’ compensation regime

• Section 8 requires a workers’ compensation contract with WorkCover Queensland "under" the Workers’ Compensation and Rehabilitation Act 2003. That makes workers’ compensation coverage an explicit part of the regulatory scaffold and will involve the mechanics of the workers’ compensation statute,claims processes, reporting, premium setting and review,rather than leaving coverage to private agreement alone.

Regulatory control and scope definitions

• The Act allows regulations to prescribe entities to be educational establishments, and to exclude specified institutions from that definition (s 5(1)-(2)). The Governor in Council’s regulation power under s 13 therefore controls the Act’s scope of application beyond the express list in s 5(1).

Transitional and interpretative effects

• Section 14 allows that existing references to the repealed Education (Student Work Experience) Act 1978 may be read as references to this Act where context permits. That facilitates continuity in subordinate instruments and documents that previously cited the old Act.

Practical tensions to note

• The Act’s deeming of non‑employee status for many employment laws could create tension where courts or regulators must decide whether a particular placement was properly a "work experience" arrangement under s 4 or was in substance employment. Since the Act excludes higher-education mandatory or assessable placements (s 4(2)), disputes could arise about whether an arrangement is captured by the higher‑education exclusion or by this Act. Where other statutes (WHS, workers’ compensation) also apply, overlapping obligations and claims may arise under multiple regimes.

Implications for insurers and employers

• The requirement to contract with WorkCover Queensland and to enter into an indemnity contract creates insurance market interactions (s 8-9). Insurers will apply the definitions and exclusions of the referenced Acts when assessing risk. Where a provider is a small business with few full‑time employees, the permitted number formula in s 12(4) ties the number of hosted students to staffing levels; regulators for employment or WHS will need to account for the Act’s special rules when applying general statutes.

In short, the Act is not standalone: it reshapes legal incidence primarily by (i) excluding typical employment-law application to placements, (ii) importing WHS and child-employment duties into placements, and (iii) fixing insurance and indemnity obligations within the Queensland workers’ compensation and insurance framework. The regulation‑making power (s 13) gives the executive scope to further adjust these interactions.

The Act text contains in‑line amendment annotations that record particular changes to sections over time. These annotations identify the amending instruments and years. The annotations in the version provided include the following entries.

Section 4

• Amended by 1996 No. 65 s 52 sch 2 and by 2014 No. 25 s 223 sch 1 pt 2. The presence of a 1996 amending entry appears to post‑date the Act’s citation to 1996; the 2014 entry indicates a later amendment affecting the definition of "work experience arrangement" or its exclusions (s 4).

Section 5

• Shows multiple amendments across two decades: 2000 No. 23 s 293 sch 2; 2003 No. 63 s 60 sch; 2005 No. 20 s 60 sch 1; 2006 No. 39 s 512(1) sch 1; 2007 No. 53 s 30 sch; 2012 No. 11 s 43 sch pt 2; 2013 No. 27 s 70 sch 1 pt 2; 2014 No. 4 s 44 sch 1; 2014 No. 25 s 223 sch 1 pt 2; 2014 No. 62 s 140 sch 1; 2020 No. 3 s 136 sch 1. These amendment notes indicate repeated changes to the definition and scope of "educational establishment" in s 5, likely reflecting legislative adjustments to include or exclude entities and to adapt to other statutory frameworks over time.

Section 6

• No explicit amendment note in the text provided beyond the section content.

Section 7

• No explicit amendment note in the text provided beyond the section content.

Section 8

• Amended (annotation) by 1996 No. 75 s 535 sch 2; 2003 No. 27 s 622 sch 5; 2006 No. 39 s 512(1) sch 1. These entries indicate changes to the workers’ compensation insurance requirement and to the definition of "responsible body" across those years.

Section 9

• Shows amendments by 2000 No. 20 s 29 sch 3; 2001 No. 60 s 219 sch 2; 2006 No. 39 s 512(1) sch 1. These amendments affected the indemnity contract provisions and the definition of insuring body, and they added the current monetary cap wording.

Section 10

• Annotated as amended by 2007 No. 23 s 53 and by 2011 No. 18 s 404 sch 4 pt 2 div 1. These entries correspond with the insertion or modification of the list of Acts that continue to apply to work experience, including the Work Health and Safety Act 2011 reference (2011 entry).

Section 11

• Contains annotation "sub 2000 No. 23 s 293 sch 2" and further amendments "amd 2003 No. 63 s 60 sch; 2014 No. 25 s 223 sch 1 pt 2." This indicates modifications to the interplay with the Further Education and Training Act 2014 and the notion of restricted callings.

Sections 12-13

• The text does not show separate amendment annotations for s 12 and s 13 beyond their current wording.

Transitional and savings

• Section 14 expressly preserves references to the repealed Education (Student Work Experience) Act 1978 and allows them to be read as references to this Act "if the context permits" (s 14). Sections 15 and 16 in the version provided are noted as omitted or expired: s 15 "om 1 February 1997 RA s 40" and s 16 "exp 28 April 1997 (see s 16(2))". Those notes indicate that transitional provisions once present have been repealed or expired and are reflected in the annotations.

What these amendments indicate about the Act’s development

• The amendment annotations show iterative legislative change, particularly to the definitions in s 5 and the insurance/indemnity regimes in ss 8-9. Repeated amendments to s 5 suggest the statutory definition of which institutions count as educational establishments has been adjusted multiple times, likely to reflect changes in the education sector and in federal interactions (vocational training, university status, and other regulated institutions). Amendments around 2011 and later reflect the introduction or harmonisation with the Work Health and Safety Act 2011 and other national or State reforms.

Limits of the amendment history here

• The notes record amending instruments and years but do not provide the amending text itself. For a full legislative history and the precise textual changes, the reader will need to consult parliamentary amending Acts and the consolidated text as maintained by the official publisher. This account is limited to the inline amending annotations present in the provided text.

The provided Act text contains no reported cases or litigation history. It names other statutes and administrative organs, but it does not record judicial decisions that interpret its provisions. Therefore, this note does not cite any case law; the Act itself, as provided, contains only the statutory text and amendment annotations.

Possible litigation points suggested by the Act’s structure

• Although there are no cases listed in the Act, its structure indicates discrete legal issues that could give rise to litigation or administrative review:

  • Characterisation disputes: Whether a particular arrangement falls within the Act’s definition of a "work experience arrangement" (s 4) or is excluded as a higher education provider’s mandatory/assessable course component (s 4(2)). Arguments may focus on the relationship between educational objectives and employer‑style tasks.

  • Principal suitability decisions: The Act makes the principal’s "opinion" about the provider’s suitability the statutory test for approval (s 7(2)). Challenges could be mounted by judicial review to contest the reasonableness, lawfulness or procedural fairness of a principal’s decision, though the Act does not specify an internal appeal process.

  • Insurance and indemnity compliance: Litigation may arise where an incident occurs but the responsible/insuring body failed to secure the contracts required by ss 8-9. Disputes could involve insurers, educational establishments, providers and injured students about entitlement to indemnity, contribution and the limits of coverage (particularly the $10,000,000 cap and GST addition in s 9(2)). The statute’s lack of express sanction for failing to obtain the required contracts leaves insurers and courts to resolve liability by reference to ordinary law and the statutory wording.

  • Overlap with employment law: Even though the Act deems students not to be employees for many employment laws (s 10(1)-(2)), litigation could arise over whether specific statutory protections or obligations apply in practice. Courts might be asked to determine whether a placement is truly "work experience" within the Act or is employment in substance, with consequences for unpaid placement disputes and labour obligations.

  • WHS and child employment enforcement: Because the Act makes WHS and the Child Employment Act apply as if students were employees (s 10(3)), enforcement action under those Acts could lead to litigation or prosecution arising from work experience placements. Such litigation would rely on the enforcement mechanisms and case law of those other statutes rather than on this Act alone.

Absence of statutory guidance on appeals and reviews

• The Act does not set out appeal rights, penalty rates or an administrative tribunal process for disputes under the Act. That suggests that contested issues will be resolved either through ordinary courts (judicial review, tort and contract claims) or under the enforcement and appeal mechanisms of the external statutes that apply (WHS Act, Workers’ Compensation Act, Child Employment Act), depending on the issue.

Practical note for litigators and compliance officers

• Given the Act’s reliance on other statutes for enforcement (notably WHS and workers’ compensation), litigation arising from work experience placements is likely to involve cross‑legislative argumentation. Parties should map the overlap between this Act’s preconditions (written arrangement, insurance/indemnity, principal approval) and the operational obligations and enforcement mechanisms of the imported statutes when preparing any claim or defence.

Strict preconditions that block placement if missed (ss 6, 8-9, 12)

• The Act repeatedly states that a student "must not start" placement until insurance and indemnity contracts are in place (ss 8(1), 9(1)). It is not sufficient to have an arrangement on foot; the specific insurers and forms of contract named in the Act must be obtained. Those preconditions are an absolute statutory gate and will expose the educational establishment or responsible body to operational and reputational risk if ignored.

Written form and timing (ss 6, 12(1)(a))

• The Act requires the work experience arrangement to be in writing (s 6(2)), and s 12(1)(a) reiterates that the arrangement must be made before the placement starts. Oral arrangements or after‑the‑fact documentation will not meet the statutory requirement. Records showing the date of signing, the content of the arrangement, and the approvals are likely to be essential in any subsequent dispute or insurance claim.

Parental consent nuance and the "adult care and control" exception (s 12(1)(b)-(2))

• Written parental consent is required for minors (s 12(1)(b)), but s 12(2) signals that subsection (1)(b) does not apply to a student who is not in an adult’s care and control. That exception is potentially narrow and fact‑sensitive,careful records of custody, guardianship or care arrangements should be kept. The Act gives no procedural detail for determining whether a student is "not in an adult’s care and control," creating scope for dispute.

30‑day annual cap and disability exception (s 12(1)(d), (3))

• The default limit of 30 days of work experience in a year (s 12(1)(d)) is inflexible, but s 12(3) allows the principal to approve more than 30 days for a student who is a person with a disability. The statute does not define "person with a disability" for this purpose, and it does not prescribe criteria or process for principals to apply when granting such approvals. Institutions should therefore document the factual and educational reasons supporting any extension to avoid second‑guessing or dispute.

Permitted number of students tied to full‑time employees; part‑time complexity (s 12(1)(e), (4))

• The permitted number formula,equal to the number of full‑time employees of the provider,may be ambiguous for workplaces with many part‑time or casual staff. The Act allows the chief executive to approve another number in special circumstances (s 12(4)), but does not define how "full‑time employee" is to be counted or how special circumstances are assessed. Providers and establishments should seek written approval from the chief executive for arrangements that could be affected by this ambiguity.

No payment to students (s 12(1)(g))

• The Act forbids payment for work experience. Providers and educational establishments should not treat placements as avenues for paid trial periods or stipend arrangements unless other specific statutory or regulatory permission exists. The non‑payment rule interacts with the Act’s non‑employee fiction (s 10) and could create disputes where an arrangement involves exchange or benefits in kind.

Non‑employee status does not mean no safety obligations (s 10)

• Although the Act declares that a student is not an employee for many employment-law purposes (s 10(1)-(2)), it expressly preserves the application of the Work Health and Safety Act 2011 and the Child Employment Act 2006 s 8A to work experience (s 10(3)). Providers and establishments must therefore comply with WHS duties and child‑employment rules even where the student is not a statutory employee.

Insuring body and responsible body differences (ss 8(2), 9(3))

• The Act defines "responsible body" and "insuring body" differently in ss 8(2) and 9(3). For example, the chief executive (education) is the insuring body for non‑State schools under s 9(3) but is the responsible body for the workers’ compensation requirement only for State schools and home education under s 8(2). This distinction matters in practice because it allocates different insurance procurement duties and financial burdens to different bodies depending on the student’s enrolment setting.

$10,000,000 cap plus GST (s 9(2))

• The indemnity contract’s maximum payable amount is $10,000,000 plus any GST directly attributable to a supply made because of settlement (s 9(2)). That cap may prove insufficient for high‑value claims in some circumstances; parties should assess the adequacy of the cap and the potential for claims exceeding it. The Act does not state who bears shortfalls beyond the cap.

Excluded higher‑education placements and scope disputes (s 4(2))

• The Act excludes certain higher education placements that are mandatory or assessable elements of a course (s 4(2)). Institutions and providers must therefore check whether an experience is a mandatory course component under a registered higher education provider’s course structure; the exclusion will change which statutory regime applies and which obligations (for example, different institutional policies) govern the placement.

Regulatory discretion and undefined terms (ss 5(2), 12(4), 13)

• Several terms and delegated powers are left undefined or to be specified by regulations or administrative decision: who can be prescribed an educational establishment (s 5(2)), what counts as "special circumstances" for permitted numbers (s 12(4)), and the content of regulations the Governor in Council may make (s 13). That creates a reliance on subordinate legislation and administrative policy. Stakeholders should monitor regulations and administrative guidance.

No express penalty or appeal provisions

• The absence of express penalties or internal appeal mechanisms in the Act means that compliance is enforced indirectly. Entities should not assume absence of penalty equates to absence of risk; exposure remains through tort, WHS enforcement, insurance disputes and other statutes.

Recordkeeping expectations

• Because the Act requires written arrangements, principal approval and parental consent, failure to maintain adequate contemporaneous records is a practical risk that could materially weaken an entity’s position in any claim or regulatory review.

In summary, many of the Act’s operative provisions are strict and procedural, and several important terms and discretions are undefined. Entities should treat the Act as setting non‑negotiable administrative gates and as a framework whose interpretation will be driven by related statutes, regulations, and administrative practice.

Checklist and sequencing before a student starts

1. Draft and finalise a written work experience arrangement between the educational establishment and the work experience provider. The Act requires the arrangement to be in writing (s 6(2)) and that it be made before the placement starts (s 12(1)(a)).
2. Obtain principal approval. Ensure the principal forms and records an opinion that the provider is suitable in the circumstances (s 7(1)-(2)). If the principal delegates approval, document the delegation authorisation (s 7(3)).
3. Confirm student status and obtain parental consent where required. For a minor student, secure written parental consent before the placement begins (s 12(1)(b)). If the student is not in an adult’s care and control, document the basis for relying on the s 12(2) exception.
4. Check duration and days. Ensure the placement will finish in the year it starts (s 12(1)(c)) and will not exceed 30 days in the year unless the principal approves more than 30 days for a student who is a person with a disability (s 12(1)(d)-(3)). If extension is sought, document the educational and welfare reasons for the principal’s approval.
5. Calculate permitted number of students. Count the provider’s full‑time employees to determine how many students can be hosted at the same time under s 12(1)(e). If the provider’s staffing model complicates counting (part‑time, casuals), seek approval from the chief executive for a different number under s 12(4) and obtain that approval in writing.

Insurance and indemnity 6. Responsible body obtains WorkCover contract. The responsible body (chief executive (education) for State schools and home education; otherwise the educational establishment) must enter into a suitable contract of insurance with WorkCover Queensland under the Workers’ Compensation and Rehabilitation Act 2003 (s 8(1)-(2)). Confirm the insurer, policy period, scope of cover, and reporting processes. 7. Insuring body enters indemnity contract. The insuring body (chief executive (education) for State schools, home education places and non‑State schools; otherwise the educational establishment) must enter into a contract indemnifying the student and work experience provider against liability for personal injury or property damage arising out of the work experience (s 9(1), (3)). Verify the maximum payable is at least $10,000,000 plus GST where relevant (s 9(2)). 8. Retain and document all insurance and indemnity policies. Keep copies of the policies, premium schedules, policy numbers, and contact details for claims reporting. Ensure the insurance and indemnity wording aligns with the Act’s requirements; if there is any doubt, obtain insurer confirmation in writing about the scope of cover for work experience.

Operational and safety compliance 9. Ensure placements occur during ordinary working hours of the place where the work experience is provided (s 12(1)(f)). Define and document "ordinary working hours" for the specific workplace in the written arrangement. 10. Do not pay the student for work experience (s 12(1)(g)). Manage any incidental out‑of‑pocket expenses via separate scholarship or reimbursement schemes if appropriate and legally permissible; do not characterise normal wages as a payment for work experience. 11. Address WHS and child‑employment obligations. Treat the placement as subject to the Work Health and Safety Act 2011 and the Child Employment Act 2006 s 8A as if the student were an employee (s 10(3)). Conduct risk assessments, inductions, supervision plans, and ensure appropriate training and PPE. Ensure the workplace is suitable for the student’s age and capabilities and complies with any qualification-based restrictions that apply. 12. If the placement involves a restricted calling, note that the Further Education and Training Act 2014, s 64 does not apply (s 11), but check whether other licensing or qualification requirements apply and ensure compliance.

Recordkeeping and forms 13. Keep contemporaneous records of:

• Written arrangement (signed and dated).
• Principal approval or delegated approval (signed and dated, with reasons or suitability notes).
• Parental consent forms (where required).
• Insurance and indemnity contracts (policy documents and confirmations).
• Attendance and timesheets showing placement duration (to evidence compliance with the 30-day cap and finishing-in-year requirement).
• Risk assessments and WHS induction records.
• Any chief executive approvals for special circumstances or for permitted numbers exceeding the full‑time employee count.

14. Ensure records are retained in line with public records and institutional retention policies, because they will be relevant to accident claims, WHS inspections and administrative reviews.

Coordination and communication 15. Coordinate with WorkCover Queensland and insurers early. Start insurance procurement well before the intended start date: the Act requires the insurance to be in place before the student starts (s 8(1), 9(1)). Delays in underwriting might otherwise block placement. 16. Communicate obligations to providers. Make the provider aware of the permitted number rule, the prohibition on paying students, the requirement to host during ordinary working hours and the WHS duties that apply. Include these obligations explicitly in the written arrangement. 17. Manage parental and student expectations. Provide parents and students with clear written information on the nature of the placement, the liability and insurance arrangements, the unpaid status of the placement and safety arrangements. 18. If the placement is for a person with a disability and more than 30 days is sought, prepare documentation supporting the principal’s decision and any reasonable adjustments or supports to be provided (s 12(3)).

Monitoring and regulatory watch 19. Monitor and respond to regulations under s 13. The Governor in Council may make regulations that alter details or add duties. Maintain an internal compliance watch to capture regulatory changes to definitions or procedural requirements, especially those affecting s 5 (who is an educational establishment) and s 12 (permitted numbers). 20. Liaise with legal counsel when doubt arises. If placement tasks resemble paid employment, if insurance coverage is in dispute, or if licensing/qualification issues exist, obtain legal advice to map the statutory interplays (s 4, s 10 and the external Acts cited).

Escalation and incident management 21. Maintain incident reporting procedures that align with the Work Health and Safety Act and workers’ compensation requirements. If an incident occurs, advise insurers and WorkCover promptly, maintain records, and follow WHS reporting duties. 22. If a placement commenced without required preconditions, immediately cease placements and remediate the deficiency. Document the steps taken to rectify the absence of insurance/indemnity and consider informing affected parties and insurers to mitigate risk.

By following this sequence and checklist, educational establishments and providers can align practice with the Act’s procedural requirements and the concurrent obligations of the Work Health and Safety Act and the workers’ compensation regime. Documented approvals, insurance arrangements, parental consents and WHS processes are the core compliance levers under this legislative framework.