Queensland Consolidated Acts

FURTHER EDUCATION AND TRAINING ACT 2014

- As at 1 February 2024 
- Act 25 of 2014 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Act binds all persons

   PART 2 - OBJECTS OF ACT

   4.      Objects

   PART 3 - INTERPRETATION

   5.      Definitions
   6.      Who is an apprentice
   7.      Who is a trainee

CHAPTER 2 - APPRENTICES AND TRAINEES

   PART 1 - DECLARING APPRENTICESHIPS OR TRAINEESHIPS

   8.      Declaring apprenticeships or traineeships

   PART 2 - TRAINING CONTRACTS

           Division 1 - Preliminary

   9.      Start of apprenticeship or traineeship
   10.     Term of training contract
   11.     Probationary period
   12.     Application to extend probationary period
   13.     Decision on application to extend probationary period
   14.     Ending apprenticeship or traineeship during probationary period

           Division 2 - Signing and registration of training contracts

   15.     Training contract to be signed
   16.     Employer must ensure training contract is given to chief executive or person authorised
   17.     Registering training contracts
   18.     False or misleading information in training contract
   19.     Premiums prohibited

           Division 3 - Amending registered training contract

   20.     Amending registered training contract
   21.     Minor amendment of registered training contract
   22.     When chief executive may amend registered training contract without application by the parties
   23.     Application for extension of nominal term of registered training contract

           Division 4 - Transfer of registered training contract

              Subdivision 1 - Temporary transfer of registered training contract

   24.     Temporary transfer of registered training contract
   25.     Transferring employer must notify supervising registered training organisation of temporary transfer of registered training contract

              Subdivision 2 - Permanent transfer of registered training contract

   26.     Application for permanent transfer of registered training contract
   27.     Procedure for deciding application if application by all parties to registered training contract and proposed new employer
   28.     Procedure for deciding application if application only by apprentice or trainee and proposed new employer

              Subdivision 3 - Statutory transfer or cancellation of registered training contract

   29.     Statutory transfer or cancellation of registered training contract

           Division 5 - Suspension of registered training contracts

              Subdivision 1 - Application for suspension by both parties

   30.     Application for suspension of registered training contract by the parties to the contract
   31.     Applicant may withdraw consent to the application to suspend
   32.     Suspension if consent not withdrawn

              Subdivision 2 - Application for suspension by one party

   32A.    Application for suspension of registered training contract by one party to the contract
   32B.    Chief executive may request further information
   32C.    Show cause notice before suspension of registered training contract
   32D.    Decision about suspension

           Division 5A - Application for temporary suspension by employer and stand down of employment

   32E.    Application for temporary suspension of registered training contract
   32F.    Decision about temporary suspension

           Division 6 - Cancellation of registered training contracts

              Subdivision 1 - Cancellation on application by all parties

   33.     Application to cancel registered training contract by all parties
   34.     Applicant may withdraw consent to the application to cancel
   35.     Cancellation if consent not withdrawn

              Subdivision 1A - Cancellation on application by one party

   35A.    Application to cancel registered training contract by one party
   35B.    Chief executive may request further information
   35C.    Show cause notice before deciding to cancel
   35D.    Decision about cancellation
   35E.    Cancellation in response to application

              Subdivision 2 - Cancellation without application

   36.     Grounds for cancellation of registered training contract by chief executive
   37.     Show cause notice before cancellation of registered training contract
   38.     Decision about cancellation after show cause notice
   39.     Decision about cancellation if show cause notice not given
   40.     Registered training contract ends if cancelled

           Division 6A - Re-registration of cancelled contract in particular circumstances

   40A.    Definitions for division
   40B.    Application of division
   40C.    Obligation to notify chief executive of relevant decision
   40D.    Notice of re-registration of training contract after relevant decision

           Division 7 - Discipline

   41.     Definition for div 7
   42.     Discipline
   43.     Chief executive must give show cause notice before making an order
   44.     Decision about order after show cause notice

           Division 8 - Completion of registered training contract

              Subdivision 1 - Issue of completion certificate

   45.     Issue of completion certificate if all parties agree
   46.     Supervising registered training organisation must give completion agreement to chief executive
   47.     Decision by chief executive about issue of completion certificate if all parties agree
   48.     Notification of failure to sign completion agreement
   49.     Chief executive must give notice to the parties to the registered training contract
   50.     Decision by chief executive about issue of completion certificate if all parties do not agree
   50A.    Application for completion certificate
   51.     Issue of completion certificate ends registered training contract

              Subdivision 2 - Cancellation of completion certificate

   52.     Chief executive must give show cause notice before cancelling completion certificate
   53.     Decision about cancellation after show cause notice

              Subdivision 3 - Ending of apprenticeship or traineeship at end of nominal term

   54.     Apprenticeship or traineeship ends when nominal term ends

           Division 9 - Obligations of apprentice or trainee and employer

   55.     Apprentice’s or trainee’s obligations under registered training contract
   56.     Employer to provide supervision, facilities and training
   57.     Employer not to prevent participation in training
   58.     Employer to report notifiable events
   58A.    Apprentice or trainee must report contested event

           Division 10 - Prohibited employers

   59.     Prohibited employers
   60.     Chief executive must give show cause notice before making a declaration
   61.     Notice of decision about declaration after show cause notice
   62.     Revocation of declaration as prohibited employer
   63.     Prohibited employer not to contravene declaration

           Division 11 - Restricted callings

   64.     Declaration of restricted calling

   PART 3 - SUPERVISING REGISTERED TRAINING ORGANISATIONS

   65.     Requirement for supervising registered training organisation
   66.     Becoming a supervising registered training organisation
   66A.    Supervising registered training organisation must complete employer resource assessment
   67.     Availability of facilities
   68.     Supervising registered training organisation to ensure delivery of training
   69.     Supervising registered training organisation to notify chief executive if progress not made under training plan
   70.     Replacing supervising registered training organisation

   PART 4 - TRAINING PLANS FOR APPRENTICES OR TRAINEES

           Division 1 - Establishing training plan for apprentice or trainee

   71.     Training plan for apprentice or trainee
   72.     Parties to training plan
   73.     Training plan to be negotiated by parties
   74.     Signing of training plan
   75.     Copies of signed training plan for apprentice or trainee
   76.     False or misleading information in training plan

           Division 2 - Ending or changing training plan for apprentice or trainee

              Subdivision 1 - Ending a training plan

   77.     Training plan ends on replacement of supervising registered training organisation
   78.     Training plan ends when apprenticeship or traineeship ends
   79.     Training plan ends if registered training contract transferred

              Subdivision 2 - Changing a training plan—all parties agree

   80.     Changing training plan for an apprentice or trainee
   81.     Signing changed training plan for apprentice or trainee

              Subdivision 3 - Changing a training plan—supervising registered training organisation

   82.     Supervising registered training organisation may make minor change to training plan

              Subdivision 4 - Changing a training plan—on application by one party

   82A.    Application by one party to change a training plan
   82B.    Chief executive may request further information
   82C.    Show cause notice before changing a training plan
   82D.    Decision about changing a training plan

              Subdivision 5 - Changing a training plan—chief executive

   82E.    Chief executive may change training plan without application by the parties
   82F.    Show cause notice before changing a training plan
   82G.    Decision about changing a training plan

              Subdivision 6 - Supervising registered training organisation’s obligations in relation to a change

   82H.    Supervising registered training organisation’s obligation

CHAPTER 3 - GROUP TRAINING ORGANISATIONS AND PRINCIPAL EMPLOYER ORGANISATIONS

   PART 1 - GROUP TRAINING ORGANISATIONS

   83.     Function of group training organisation
   84.     Application for recognition as group training organisation
   85.     Decision on application for recognition as group training organisation
   86.     Requirements for certificate of recognition as group training organisation
   87.     Conditions applying to certificate of recognition as group training organisation
   88.     Grounds for cancellation of certificate of recognition
   89.     Show cause notice before cancellation of certificate of recognition
   90.     Decision about cancellation after show cause notice

   PART 2 - PRINCIPAL EMPLOYER ORGANISATIONS

   91.     Function of principal employer organisation
   92.     Application for recognition as principal employer organisation
   93.     Decision on application for recognition as principal employer organisation
   94.     Requirements for certificate of recognition as principal employer organisation
   95.     Conditions applying to certificate of recognition as principal employer organisation
   96.     Grounds for cancellation of certificate of recognition
   97.     Show cause notice before cancellation of certificate of recognition
   98.     Decision about cancellation after show cause notice

   PART 3 - OFFENCES

   99.     Limit on the number of apprentices or trainees that may be employed for placing under hosting agreement

CHAPTER 4 - OTHER TRAINING-RELATED MATTERS

   PART 1 - CERTIFICATES OF ACHIEVEMENT

   100.    Application for certificate of achievement
   101.    Decision on application for certificate of achievement
   102.    Certificate of achievement
   103.    Grounds for cancellation of certificate of achievement
   104.    Show cause notice before cancellation of certificate of achievement
   105.    Decision about cancellation after show cause notice

   PART 2 - PROVISION OF DEPARTMENTAL EMPLOYMENT SKILLS DEVELOPMENT PROGRAMS

   106.    Chief executive may provide employment skills development programs

   PART 3 - RECOGNISING NON-DEPARTMENTAL EMPLOYMENT SKILLS DEVELOPMENT PROGRAMS

   107.    Application for recognition of non-departmental employment skills development program
   108.    Decision on application for recognition of non-departmental employment skills development program
   109.    Chief executive must maintain register
   110.    Withdrawal of recognition of non-departmental employment skills development program
   111.    Show cause notice before cancellation of recognition
   112.    Decision about cancellation after show cause notice

CHAPTER 4A - TRAINING OMBUDSMAN

   PART 1 - PRELIMINARY

   112A.   Definitions for ch 4A

   PART 2 - TRAINING OMBUDSMAN AND OFFICE OF THE TRAINING OMBUDSMAN

           Division 1 - General

   112B.   Training ombudsman and office
   112C.   Control of the office

           Division 2 - Functions and powers of training ombudsman

   112D.   Functions of training ombudsman
   112E.   Powers of training ombudsman

           Division 3 - Dealing with complaints

   112F.   Training ombudsman may refuse to deal with particular complaint
   112G.   Training ombudsman to refuse to deal with complaint subject of review or appeal
   112H.   Referral of complaint to chief executive
   112I.   Complainant may ask training ombudsman to further deal with complaint
   112J.   Assessment of, and recommendations about, particular complaints
   112K.   Assessment of, and recommendations about, prescribed decisions
   112L.   Giving information or notice about particular complaints
   112M.   Training ombudsman may enter into information sharing arrangements
   112N.   Power to require information or attendance
   112O.   Custody of document given to training ombudsman
   112P.   Report containing adverse comment

   PART 3 - MINISTER’S POWERS

   112Q.   Minister may refer matters to training ombudsman
   112R.   Minister may give statement of expectations
   112S.   Minister may request information from training ombudsman

   PART 4 - ADMINISTRATION MATTERS

           Division 1 - Provisions relating to the training ombudsman

   112T.   Appointment
   112U.   Term of appointment
   112V.   Conditions of appointment
   112W.   Disqualification as training ombudsman
   112X.   Leave of absence
   112Y.   Resignation
   112Z.   Removal from office
   112ZA.  Delegations

           Division 2 - Other matters

   112ZB.  Preservation of existing rights and entitlement
   112ZC.  Criminal history report
   112ZD.  Criminal history reports confidential
   112ZE.  New convictions must be disclosed
   112ZF.  Office not a statutory body for particular Acts
   112ZG.  Staff
   112ZH.  Training ombudsman and staff not subject to direction
   112ZI.  Annual report

CHAPTER 5 - MONITORING AND ENFORCEMENT

   PART 1 - INTERPRETATION

   113.    Definitions for ch 5

   PART 2 - GENERAL PROVISIONS ABOUT INSPECTORS

           Division 1 - Functions and appointment

   114.    Functions of inspectors
   115.    Appointment and qualifications
   116.    Appointment conditions and limit on powers
   117.    When office ends
   118.    Resignation

           Division 2 - Identity cards

   119.    Issue of identity card
   120.    Production or display of identity card
   121.    Return of identity card

           Division 3 - Miscellaneous provisions

   122.    References to exercise of powers
   123.    Reference to document includes reference to reproductions from electronic document

   PART 3 - ENTRY OF PLACES BY INSPECTORS

           Division 1 - Power to enter

   124.    General power to enter places

           Division 2 - Entry by consent

   125.    Application of div 2
   126.    Incidental entry to ask for access
   127.    Matters inspector must tell occupier
   128.    Consent acknowledgement

           Division 3 - Entry under warrant

   129.    Application for warrant
   130.    Issue of warrant
   131.    Electronic application
   132.    Additional procedure if electronic application
   133.    Defect in relation to a warrant
   134.    Entry procedure

   PART 4 - OTHER INSPECTOR’S POWERS AND RELATED MATTERS

           Division 1 - General powers of inspectors after entering places

   135.    Application of div 1
   136.    General powers
   137.    Power to require reasonable help
   138.    Offence to contravene help requirement

           Division 2 - Seizure and forfeiture

              Subdivision 1 - Power to seize

   139.    Seizing evidence at a place that may be entered without consent or warrant
   140.    Seizing evidence at a place that may be entered only with consent or warrant
   141.    Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   142.    Requirement of person in control of thing to be seized
   143.    Offence to contravene seizure requirement
   144.    Power to secure seized thing
   145.    Offence to contravene other seizure requirement
   146.    Offence to interfere

              Subdivision 3 - Safeguards for seized things

   147.    Receipt and information notice for seized thing
   148.    Access to seized thing
   149.    Return of seized thing

              Subdivision 4 - Forfeiture

   150.    Forfeiture by chief executive decision
   151.    Information notice about forfeiture decision
   152.    Forfeiture on conviction
   153.    Procedure and powers for making forfeiture order

              Subdivision 5 - Dealing with property forfeited or transferred to State

   154.    When thing becomes property of the State
   155.    How property may be dealt with

           Division 3 - Disposal orders

   156.    Disposal order

           Division 4 - Other information-obtaining powers of inspectors

   157.    Power to require name and address
   158.    Offence to contravene personal details requirement
   159.    Power to require information
   160.    Offence to contravene information requirement

   PART 5 - MISCELLANEOUS PROVISIONS RELATING TO INSPECTORS

           Division 1 - Damage

   161.    Duty to avoid inconvenience and minimise damage
   162.    Notice of damage

           Division 2 - Compensation

   163.    Compensation

           Division 3 - Other offences relating to inspectors

   164.    Giving inspector false or misleading information
   165.    Obstructing inspector
   166.    Impersonating inspector

CHAPTER 6 - REVIEWS AND APPEALS

   PART 1 - DECISIONS REVIEWABLE BY QCAT

   167.    Review by QCAT

   PART 2 - DECISIONS APPEALABLE TO INDUSTRIAL RELATIONS COMMISSION

   168.    Appeal to industrial relations commission
   169.    Stay of decision being appealed
   170.    Nature of appeal
   171.    Decision on appeal
   172.    Exclusive jurisdiction
   173.    Appeal to industrial court on question of law

CHAPTER 7 - LEGAL PROCEEDINGS

   PART 1 - APPLICATION

   174.    Application of ch 7

   PART 2 - EVIDENTIARY AIDS

   175.    Appointments and authority
   176.    Proof of signatures unnecessary
   177.    Evidentiary provisions

   PART 3 - PROCEEDINGS FOR OFFENCES

   178.    Summary offences
   179.    Limitation on time for starting proceedings
   180.    Statement of complainant’s knowledge
   181.    Responsibility for acts or omissions of representatives

CHAPTER 8 - MISCELLANEOUS

   PART 1 - TRUSTS

   182.    Definitions for pt 1
   183.    Variation of trust purposes
   184.    Variation of approved arrangement
   185.    Requirements about purposes for arrangements
   186.    Recording arrangements and variations in land register
   187.    Rights and jurisdiction in equity not affected

   PART 2 - OTHER MATTERS

   188.    False or misleading statements to official
   189.    False or misleading documents to official
   190.    Duty to act honestly
   191.    Protection of confidentiality
   192.    Representation of parties

   PART 3 - OTHER PROVISIONS

   193.    Delegations
   194.    Protection from liability
   195.    Person may apply for copy of document held by chief executive
   196.    Approved forms
   197.    Regulation-making power

CHAPTER 9 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

   PART 1 - REPEAL

   198.    Repeal

   PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS FOR THE FURTHER EDUCATION AND TRAINING ACT 2014

           Division 1 - Preliminary

   199.    Definition for pt 2

           Division 2 - Apprentices and trainees

   200.    Declaration of apprenticeship or traineeship continues in force
   201.    Continuation of registered training contracts
   202.    Continuation of statutory assignment of registered training contract
   203.    Agreement to cancel registered training contract continues in force
   204.    Continuation of training plan
   205.    Continuation of supervising registered training organisation
   206.    Continuation of process for issue of completion certificate
   207.    Cancellation of completion certificates issued under the repealed Act
   208.    Declaration of restricted calling continues in force
   209.    Balance of period of stand down of registered training contract

           Division 3 - Provisions for group training organisations and principal employer organisations

   210.    Continued recognition of group training organisations and principal employer organisations

           Division 4 - Reviews and appeals

   211.    Right to apply to QCAT for review under repealed Act
   212.    Review to QCAT started before commencement
   213.    Right to appeal to industrial relations commission under repealed Act
   214.    Appeal to industrial relations commission started before commencement

           Division 5 - Other provisions

   215.    Show cause process started before commencement
   216.    Applications made but not decided before commencement
   217.    Requirements that must be completed within a stated time
   218.    Continued appointment of inspectors
   219.    Variation of trust continues in force
   220.    Savings provision for TAFE institutes
   221.    Relationship with other divs
   222.    (Expired)

   PART 3 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS FOR QUEENSLAND TRAINING ASSETS MANAGEMENT AUTHORITY REPEAL ACT 2015

           Division 1 - Repeal

   223.    Repeal

           Division 2 - Savings and transitional provisions

   224.    Definitions for div 2
   225.    QTAMA, CEO and board
   226.    State is successor in law of QTAMA
   227.    Assets and liabilities
   228.    Records and other documents
   229.    Current instruments
   230.    References to QTAMA
   231.    Current proceedings
   232.    Proceedings not yet started
   233.    Registering authority to note transfer or other dealing
   234.    Staff
   235.    Effect on legal relationships
   236.    Annual report
   237.    Confidentiality of criminal history information

   PART 4 - TRANSITIONAL PROVISIONS FOR WORKERS’ COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT ACT 2019

   238.    Application for extension of nominal term made but not decided before commencement
           SCHEDULE 1