ch.1-pt.1
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Queensland act
**What this law does (mechanics first)
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)
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)
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)
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)
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Direct links to the current provisions in Further Education and Training Act 2014.
This Act may be cited as the Further Education and Training Act 2014 .
This Act commences on a day to be fixed by proclamation.
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. Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence. (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. (sec.3-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.
The objects of this Act are— 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 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 to support the continued development of high-quality training by and within industry; and 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 to establish a simple, streamlined apprenticeship and traineeship system featuring flexible, industry-endorsed approaches to trade training; and to support industry and employers to take on, train and retain apprentices and trainees.
The dictionary in schedule 1 defines particular words used in this Act. s 5 amd 2014 No. 25 s 223 sch 1 pt 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. 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 . (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. (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 .
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. 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 . (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. (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 .
This section applies if a person can obtain a qualification or statement of attainment by completing employment-based training with an employer. The chief executive may declare the employment-based training leading to the qualification or statement of attainment to be an apprenticeship or traineeship. 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. 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. 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. (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. (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. (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. (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. (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.
An apprenticeship or traineeship starts on the day agreed by the employer and the person who is to become the employer’s apprentice or trainee.
The chief executive may decide the term (the nominal term ) of training contracts for apprenticeships and traineeships. 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. 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. (sec.10-ssec.1) The chief executive may decide the term (the nominal term ) of training contracts for apprenticeships and traineeships. (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. (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.
The chief executive is to decide the probationary period for apprenticeships and traineeships. 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. (sec.11-ssec.1) The chief executive is to decide the probationary period for apprenticeships and traineeships. (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.
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. However, the probationary period may not be extended past the date that is 6 months from the commencement of the training contract. The application must be received by the chief executive at least 14 days before the end of the probationary period. 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. If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee. 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. (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. (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. (sec.12-ssec.3) The application must be received by the chief executive at least 14 days before the end of the probationary period. (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. (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. (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.
The chief executive must decide an application under section 12 within 7 days after receiving the application. 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. 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. 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. (sec.13-ssec.1) The chief executive must decide an application under section 12 within 7 days after receiving the application. (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. (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. (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.
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. A notice under subsection (1) must state the date the apprenticeship or traineeship is to end. For subsection (2) , the stated date must not be later than the end of the probationary period. 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. (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. (sec.14-ssec.2) A notice under subsection (1) must state the date the apprenticeship or traineeship is to end. (sec.14-ssec.3) For subsection (2) , the stated date must not be later than the end of the probationary period. (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.
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. The parties to the training contract are— the employer; and the person to be trained as an apprentice or trainee under the contract. 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) . 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. (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. (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. (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) . (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.
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. The chief executive must publish on the department’s website the names and addresses of persons authorised to accept training contracts. (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. (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.
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 . The chief executive must decide whether to register or refuse to register the training contract. 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. The chief executive may refuse to decide whether to register the training contract until the parties supply the requested documents or information. 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. 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. 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. 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. 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. 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. In this section— home education has the meaning given in the Education (General Provisions) Act 2006 , section 205 . s 17 amd 2019 No. 33 s 4 (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 . (sec.17-ssec.2) The chief executive must decide whether to register or refuse to register the training contract. (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. (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. (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. (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. (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. (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. (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. (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. (sec.17-ssec.11) In this section— home education has the meaning given in the Education (General Provisions) Act 2006 , section 205 .
A person must not state anything in a training contract that the person knows is false or misleading. Maximum penalty—50 penalty units. 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. (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. (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.
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. 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. Subsection (2) does not limit the court’s power to impose a penalty on the person convicted. 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. 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. (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. (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. (sec.19-ssec.3) Subsection (2) does not limit the court’s power to impose a penalty on the person convicted. (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. (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.
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. The parties to the registered training contract may apply to the chief executive for approval of an amendment to the contract. 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. 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. 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. 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. The chief executive may refuse to consider the application until the parties give the documents or information requested under subsection (6) . 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. 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. 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. (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. (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. (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. (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. (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. (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. (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) . (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. (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. (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.
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. The notice may be given orally or in writing. 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. The chief executive or authorised person may request further information before deciding whether to approve the amendment. The amendment takes effect when the department’s records are updated. The chief executive must publish on the department’s website the names and addresses of persons authorised to accept notices under this section. 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 (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. (sec.21-ssec.2) The notice may be given orally or in writing. (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. (sec.21-ssec.4) The chief executive or authorised person may request further information before deciding whether to approve the amendment. (sec.21-ssec.5) The amendment takes effect when the department’s records are updated. (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. (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
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 The chief executive must update the department’s records to include the amendment. The amendment takes effect when the records are updated. The chief executive does not have to give notice of the amendment to the parties. (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 (sec.22-ssec.2) The chief executive must update the department’s records to include the amendment. (sec.22-ssec.3) The amendment takes effect when the records are updated. (sec.22-ssec.4) The chief executive does not have to give notice of the amendment to the parties.
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. The parties and the supervising registered training organisation for the apprentice or trainee may apply to the chief executive to extend the nominal term. 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. If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee. However, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application. On receiving the application, the chief executive may approve or refuse to approve the application. 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. 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. 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. If the nominal term of a training contract is extended, the contract is taken to be similarly extended. 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. s 23 amd 2019 No. 33 s 5 (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. (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. (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. (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. (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. (sec.23-ssec.6) On receiving the application, the chief executive may approve or refuse to approve the application. (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. (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. (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. (sec.23-ssec.10) If the nominal term of a training contract is extended, the contract is taken to be similarly extended. (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.
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. 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. 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. 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. (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. (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. (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. (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.
This section applies if a registered training contract is temporarily transferred to a new employer under section 24 . 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. (sec.25-ssec.1) This section applies if a registered training contract is temporarily transferred to a new employer under section 24 . (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.
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. 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. If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee. 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. (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. (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. (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. (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.
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. The chief executive must decide the application within 28 days of receiving it. The chief executive may grant the application only if satisfied the criteria mentioned in section 17 (5) (c) to (g) are satisfied. 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. 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. 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. (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. (sec.27-ssec.2) The chief executive must decide the application within 28 days of receiving it. (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. (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. (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. (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.
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. 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. The chief executive must decide the application within 28 days of receiving it. 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. 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. 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. 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. In this section— current employer means the employer who is a party to the registered training contract. (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. (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. (sec.28-ssec.3) The chief executive must decide the application within 28 days of receiving it. (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. (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. (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. (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. (sec.28-ssec.8) In this section— current employer means the employer who is a party to the registered training contract.
This section applies if an event mentioned in section 58 (1) (a) happens. 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. 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) . 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. 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. 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. (sec.29-ssec.1) This section applies if an event mentioned in section 58 (1) (a) happens. (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. (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) . (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. (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. (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.
The parties to a registered training contract may apply to the chief executive to suspend the contract for a period not exceeding 1 year. 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. 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. 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. (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. (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. (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. (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.
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. 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. 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. 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. (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. (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. (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. (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.
This section applies if— an application is made under section 30 to suspend a registered training contract; and section 31 does not apply. The registered training contract is suspended— from the day stated in the application; and for the period stated in the application. The chief executive must give the parties to the registered training contract written notice of the suspension. (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. (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. (sec.32-ssec.3) The chief executive must give the parties to the registered training contract written notice of the suspension.
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. 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. If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee. However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. s 32A ins 2019 No. 33 s 7 (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. (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. (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. (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.
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. 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. The chief executive must consider any information given by the applicant within the period stated in the notice. The applicant is taken to have withdrawn the application if the applicant does not comply with the notice. s 32B ins 2019 No. 33 s 7 (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. (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. (sec.32B-ssec.3) The chief executive must consider any information given by the applicant within the period stated in the notice. (sec.32B-ssec.4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.
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. 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. 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. 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. s 32C ins 2019 No. 33 s 7 (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. (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. (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. (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.
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. The chief executive must give each party an information notice about the decision. 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. s 32D ins 2019 No. 33 s 7 (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. (sec.32D-ssec.2) The chief executive must give each party an information notice about the decision. (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.
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. 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. 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. 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. s 32E ins 2019 No. 33 s 8 (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. (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. (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. (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.
Within 7 days after receiving the application, the chief executive must decide the application. 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. The chief executive must give each party an information notice about the decision. 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. 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. 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. s 32F ins 2019 No. 33 s 8 (sec.32F-ssec.1) Within 7 days after receiving the application, the chief executive must decide the application. (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. (sec.32F-ssec.3) The chief executive must give each party an information notice about the decision. (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. (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. (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.
The parties to a registered training contract may apply to the chief executive to cancel the contract. The application must be in the approved form. If the apprentice or trainee is under 18 years, the application must be signed by a parent of the apprentice or trainee. 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. (sec.33-ssec.1) The parties to a registered training contract may apply to the chief executive to cancel the contract. (sec.33-ssec.2) The application must be in the approved form. (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. (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.
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. 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. 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. 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. (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. (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. (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. (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.
This section applies if— an application is made under section 33 to cancel a registered training contract; and section 34 does not apply. The registered training contract is cancelled on the day stated in the application. The chief executive must give the parties to the registered training contract written notice of the cancellation. (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. (sec.35-ssec.2) The registered training contract is cancelled on the day stated in the application. (sec.35-ssec.3) The chief executive must give the parties to the registered training contract written notice of the cancellation.
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. 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. s 35A ins 2019 No. 33 s 10 (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. (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.
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. 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. The chief executive must consider any information given by the applicant within the period stated in the notice. The applicant is taken to have withdrawn the application if the applicant does not comply with the notice. s 35B ins 2019 No. 33 s 10 (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. (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. (sec.35B-ssec.3) The chief executive must consider any information given by the applicant within the period stated in the notice. (sec.35B-ssec.4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.
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. 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. 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. s 35C ins 2019 No. 33 s 10 (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. (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. (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.
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. The chief executive must give each party an information notice about the decision. If the chief executive decides to cancel the training contract the information notice must state the day the cancellation takes effect. s 35D ins 2019 No. 33 s 10 (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. (sec.35D-ssec.2) The chief executive must give each party an information notice about the decision. (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.
If 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. s 35E ins 2019 No. 33 s 10
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. 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. s 36 amd 2019 No. 33 s 11 (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. (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.
This section applies if the chief executive is proposing to cancel a registered training contract under this subdivision. 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. 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. (sec.37-ssec.1) This section applies if the chief executive is proposing to cancel a registered training contract under this subdivision. (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. (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.
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. The decision to cancel the registered training contract takes effect on the day stated in the notice given under subsection (1) (b) . s 38 amd 2019 No. 33 s 12 (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. (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) .
This section applies if the chief executive does not give the parties a show cause notice under section 37 (3) . The chief executive may cancel the registered training contract under section 36 and give the parties written notice of the date of the cancellation. The cancellation takes effect on the date stated in the notice. (sec.39-ssec.1) This section applies if the chief executive does not give the parties a show cause notice under section 37 (3) . (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. (sec.39-ssec.3) The cancellation takes effect on the date stated in the notice.
If 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.
In this division— cancelled contract means a registered training contract that was cancelled under division 6 . reinstatement 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. relevant entity means— each person that was a party to a cancelled contract; and the supervising registered training organisation for the apprentice or trainee who was a party to the cancelled contract. s 40A ins 2019 No. 33 s 13
This division applies if the industrial relations commission or fair work commission makes a reinstatement decision. s 40B ins 2019 No. 33 s 13
Each 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. s 40C ins 2019 No. 33 s 13
The chief executive must, as soon as practicable after receiving a notice under section 40C — re-register the training contract; and provide each relevant entity with a written notice stating the following— that the chief executive has re-registered the cancelled contract as a registered training contract; 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) ; the date the nominal term ends taking into account the period of extension under subparagraph (ii) ; 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. s 40D ins 2019 No. 33 s 13
In this division— misconduct , for a party to a registered training contract, means— the party fails to carry out a reasonable and lawful instruction that is consistent with the party’s obligations under the contract given by— if the party is the employer—the chief executive; or if the party is the apprentice or trainee, any of the following— the chief executive; the employer; the employer’s agent or employee; the supervising registered training organisation for the apprentice or trainee; or the party does not— keep a training record prescribed by regulation in the way prescribed by regulation; or when requested by any of the following persons, produce the record for the person’s inspection— another party to the contract; the chief executive; the supervising registered training organisation for the apprentice or trainee under the registered training contract; or if the party is the employer—the party does not comply with section 56 , 57 or 58 ; or if the party is the apprentice or trainee—the party does not comply with section 55 .
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. 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. 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. A person must not contravene an order made under subsection (2) (b) . Maximum penalty for subsection (4) —50 penalty units. s 42 amd 2016 No. 63 s 1157 sch 6 (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. (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. (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. (sec.42-ssec.4) A person must not contravene an order made under subsection (2) (b) . Maximum penalty for subsection (4) —50 penalty units.
This section applies if the chief executive is proposing to make an order under section 42 (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. (sec.43-ssec.1) This section applies if the chief executive is proposing to make an order under section 42 (2) . (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.
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) . 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. (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) . (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.
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. 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. 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. 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. A person must not state anything in the completion agreement that is false or misleading. Maximum penalty for subsection (5) —50 penalty units. (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. (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. (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. (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. (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.
The 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.
On receiving the completion agreement, the chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship. 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. The chief executive may request further information before deciding whether to issue a completion certificate. 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. 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. (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. (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. (sec.47-ssec.3) The chief executive may request further information before deciding whether to issue a completion certificate. (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. (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.
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. 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. (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. (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.
On 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— the supervising registered training organisation has advised the chief executive of the matters mentioned in section 48 (1) (a) ; and the chief executive is considering whether to issue a completion certificate to the apprentice or trainee; and 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.
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. The chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship. 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. 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. 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. (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. (sec.50-ssec.2) The chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship. (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. (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. (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.
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. The parties may apply to the chief executive for the issue of a completion certificate. 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. However, subsection (3) (b) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. 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. s 50A ins 2019 No. 33 s 14 (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. (sec.50A-ssec.2) The parties may apply to the chief executive for the issue of a completion certificate. (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. (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. (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.
The registered training contract for an apprentice or trainee ends when the chief executive issues a completion certificate for the apprenticeship or traineeship. This section applies despite the nominal term of the contract. (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. (sec.51-ssec.2) This section applies despite the nominal term of the contract.
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. 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. (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. (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.
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. If the chief executive cancels the completion certificate, the cancellation takes effect from the day the information notice is given. 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. The person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units. 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. (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. (sec.53-ssec.2) If the chief executive cancels the completion certificate, the cancellation takes effect from the day the information notice is given. (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. (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. (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.
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. 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. (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. (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.
The obligations of an apprentice or trainee under a registered training contract are to— attend work, do his or her job and follow the employer’s lawful instructions; and work towards achieving the qualification or statement of attainment stated in the contract; and undertake the training and assessment required under the apprentice’s or trainee’s training plan.
The 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— the employer is required to provide under the apprentice’s or trainee’s training plan; or prescribed by regulation. Maximum penalty—60 penalty units.
The employer of an apprentice or trainee must not directly or indirectly— 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 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 discourage the apprentice or trainee from participating in the required training; or induce or coerce the apprentice or trainee to not participate in the required training. Maximum penalty—60 penalty units.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Further Education and Training Act 2014 .
This Act commences on a day to be fixed by proclamation.
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. Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence. (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. (sec.3-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.
The objects of this Act are— 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 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 to support the continued development of high-quality training by and within industry; and 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 to establish a simple, streamlined apprenticeship and traineeship system featuring flexible, industry-endorsed approaches to trade training; and to support industry and employers to take on, train and retain apprentices and trainees.
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)
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)
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)
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)
Who this affects
Why it matters (official aim, then trade‑offs and mechanisms)
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)
How the law implements those aims and what it costs: who pays, who decides, and likely behaviour changes
Risks, concentration of benefits, and implementation points to watch
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.
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.
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).
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.
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.
Practical points for affected parties
(Selected section references in parentheses throughout the summary.)
The dictionary in schedule 1 defines particular words used in this Act. s 5 amd 2014 No. 25 s 223 sch 1 pt 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. 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 . (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. (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 .
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. 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 . (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. (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 .
This section applies if a person can obtain a qualification or statement of attainment by completing employment-based training with an employer. The chief executive may declare the employment-based training leading to the qualification or statement of attainment to be an apprenticeship or traineeship. 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. 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. 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. (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. (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. (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. (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. (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.
An apprenticeship or traineeship starts on the day agreed by the employer and the person who is to become the employer’s apprentice or trainee.
The chief executive may decide the term (the nominal term ) of training contracts for apprenticeships and traineeships. 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. 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. (sec.10-ssec.1) The chief executive may decide the term (the nominal term ) of training contracts for apprenticeships and traineeships. (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. (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.
The chief executive is to decide the probationary period for apprenticeships and traineeships. 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. (sec.11-ssec.1) The chief executive is to decide the probationary period for apprenticeships and traineeships. (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.
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. However, the probationary period may not be extended past the date that is 6 months from the commencement of the training contract. The application must be received by the chief executive at least 14 days before the end of the probationary period. 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. If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee. 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. (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. (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. (sec.12-ssec.3) The application must be received by the chief executive at least 14 days before the end of the probationary period. (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. (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. (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.
The chief executive must decide an application under section 12 within 7 days after receiving the application. 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. 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. 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. (sec.13-ssec.1) The chief executive must decide an application under section 12 within 7 days after receiving the application. (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. (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. (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.
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. A notice under subsection (1) must state the date the apprenticeship or traineeship is to end. For sub
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