Queensland
Vocational Education, Training and Employment Act 1991
VOCATIONAL EDUCATION,
TRAINING AND
EMPLOYMENT
REGULATION 1991
Reprinted as in force on 20 August 1993
(includes amendments up to SL No. 411 of 1992)
Reprint No. 2
This reprint is prepared by
the Office of the Queensland Parliamentary Counsel
Warning—This reprint is not an authorised copy
Information about this reprint
This regulation is reprinted as at 20August 1993. As required by section 5 of the
Reprints Act 1992, it—
•
shows the law as amended by all amendments that commenced on or before
that day; and
•
incorporates all necessary consequential amendments, whether of punctuation,
numbering or another kind.
As required by section 6 of the Reprints Act 1992, the reprint includes a reference to
the law by which each amendment was made—see List of legislation and List of
annotations in Endnotes.
The opportunity has also been taken, under section 7 of the Reprints Act 1992, to do
the following—
•
use punctuation consistent with current legislative drafting practice as permitted by
section 27 of that Act;
•
use aspects of format and printing style consistent with current legislative drafting
practice as permitted by section 35 of that Act.
This page is specific to this reprint. See previous reprint for information about earlier
changes made under the Reprints Act 1992. A Table of reprints is included in the
Endnotes.
Also see Endnotes for—
•
details about when provisions commenced; and
•
any provisions that have not commenced and are not incorporated in the
reprint.
Queensland
VOCATIONAL EDUCATION, TRAINING
AND EMPLOYMENT REGULATION 1991
TABLE OF PROVISIONS
Section
Page
1
Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
2
Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
3
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
4
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
Indentures of apprenticeship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
6
Training agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
7
Employer records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
8
Status of tradesperson in apprenticeship callings . . . . . . . . . . . . . . . . . . . . .
6
9
Ratio of apprentices to tradespersons generally . . . . . . . . . . . . . . . . . . . . . .
7
10
Restriction on number of apprentices in certain callings . . . . . . . . . . . . . . .
8
11
State Training Council may permit increase in number of apprentices . . .
8
12
Restrictions on use of electrical apprentice or electrical trainee . . . . . . . .
9
13
Restriction on use of apprentice or trainee in certain activities . . . . . . . . . 10
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 11
FEES
ENDNOTES
1
Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 12
3
Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4
List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5
List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3
Grain Industry (Restructuring) Act 1991
VOCATIONAL EDUCATION, TRAINING AND
EMPLOYMENT REGULATION 1991
[as amended by all amendments that commenced before 20 August 19932]
Short title
˙
1. This regulation may be cited as the Vocational Education, Training
and Employment Regulation 19913-5.
Commencement
˙
2. This regulation commenced on 28 October 1991.
Definitions
˙
3. In this regulation—
“certificate of competency” has the meaning assigned to it under the
Electricity Act 1976;
“electrical apprentice” means an apprentice indentured in an
apprenticeship calling in which a tradesperson performs electrical
work;
“electrical trainee” means a person employed as a trainee or trainee
paraprofessional;
“electrical work” has the meaning assigned to it under the Electricity Act
1976;
“exposed” has the meaning assigned to it under the Electricity Regulation
1989;
“high voltage” has the meaning assigned to it under the Electricity Act
1976;
“low voltage” has the meaning assigned to it under the Electricity Act 1976;
“minor repairs” includes—
(a) the renewal of secondary fuses; and
4
Grain Industry (Restructuring) Act 1991
(b) the replacement of switches and similar accessories; and
(c) the repair of portable electrical appliances or flexible cord sets;
but does not include repairs to or in connection with—
(d) lifts, hoists or conveyors for the carriage of persons; or
(e) x-ray or other medical equipment; or
(f)
industrial heating equipment;
“paraprofessional” means a person who—
(a) works at a level below a professional level in the workforce; and
(b) possesses qualifications at an associate diploma level; and
(c) has appropriate experience for that level of work.
Fees
˙
4. The fees specified in the Schedule are the fees payable in respect of the
matters specified in the Schedule.
Indentures of apprenticeship
˙
5. For the purposes of section 3.16(1) of the Act, the prescribed
particulars are—
(a) the name and address of—
(i)
the employer; and
(ii) the apprentice; and
(iii) if the apprentice is a minor—the apprentice’s guardian; and
(b) the apprenticeship calling; and
(c) the conditions of employment; and
(d) the rights and obligations of all parties; and
(e) the cancellation arrangements; and
(f)
any other relevant particulars required by the State Training
Council.
5
Grain Industry (Restructuring) Act 1991
Training agreements
˙
6. For the purposes of section 3.28(1) of the Act, the prescribed
particulars are—
(a) the name and address of—
(i)
the employer; and
(ii) the trainee; and
(iii) if the trainee is a minor—the trainee’s guardian; and
(b) the title of the training scheme; and
(c) the conditions of employment; and
(d) the rights and obligations of all parties; and
(e) the cancellation arrangements; and
(f)
any other relevant particulars required by the State Training
Council.
Employer records
˙
7.(1) The record to be established and maintained by every employer of
apprentices, probationers or trainees under section 3.44 of the Act must
contain, in respect of each apprentice, probationer or trainee, the following
particulars—
(a) the full name and address; and
(b) the occupation employed in; and
(c) the title of the award or industrial agreement that governs the
occupation employed in; and
(d) the date of commencement of employment; and
(e) the weekly rate of wage; and
(f)
the times for starting and ceasing work each day; and
(g) the weekly amounts paid for wages, overtime, allowances and
other entitlements; and
(h) the details of other monies paid during and with respect to the
employment; and
6
Grain Industry (Restructuring) Act 1991
(i)
the particulars required to be kept by an employer under the
relevant award or industrial agreement.
(2) The record must be—
(a) made by means of entries, inserted at least weekly, that—
(i)
are of a permanent nature; and
(ii) will not readily become obliterated or obscure; and
(b) kept at the employer’s principal place of business in the State or at
such other place in the State as the Commissioner for Training
approves.
Status of tradesperson in apprenticeship callings
˙
8.(1) For the purposes of section 9 and subject to subsection (2), (3) and
(4), a tradesperson in an apprenticeship calling is a person who, in respect of
the calling—
(a) has satisfactorily completed an apprenticeship and is the holder of
a certificate of qualifications as a tradesperson, issued by the State
Training Council under section 3.21 of the Act; or
(b) is the holder of a certificate, issued by the State Training Council
under section 3.32 of the Act, certifying that the person is
qualified to hold the status of a tradesperson; or
(c) is the holder of a tradesperson’s certificate issued under the
Tradesmen’s Rights Regulation Act 1946; or
(d) if the apprenticeship calling is in the electrical industry—is the
holder of a certificate of competency issued by the Electrical
Workers and Contractors Board; or
(e) if the apprenticeship calling is in employment with an Electricity
Authority within the meaning of the Electricity Act 1976—
(i)
is the holder of a certificate of competency as an electrical
jointer or linesman, issued by the Electrical Workers and
Contractors Board; and
(ii) is supervising apprentices on electrical jointer’s or linesman’s
work; or
(f)
if the apprenticeship calling is that of Plumbing and Draining—is
7
Grain Industry (Restructuring) Act 1991
the holder of a certificate of competency issued by the Plumbers
and Drainers Examination and Licensing Board.
(2) If the apprenticeship calling is that of Dental Technician, a dentist,
who performs and supervises performance of dental technician’s work for
himself or herself, may be taken as a tradesperson in the apprenticeship
calling, if the State Training Council is satisfied that the dentist—
(a) can provide an adequate range and amount of work in the calling;
and
(b) has a laboratory properly equipped for work in the calling; and
(c) has adequate time to properly supervise the work of the
apprentice in the calling.
(3) If the apprenticeship calling is that of Hairdressing (Ladies)—
(a) a person in the fourth year of apprenticeship is to be taken as a
tradesperson in the calling; and
(b) a person in the third year of apprenticeship is not to be taken as
either a tradesperson or an apprentice in the calling.
(4) If the apprenticeship calling is that of—
(a) Car Building; or
(b) Coach and Motor Body Building; or
(c) Coach and Motor Painting; or
(d) Coach and Motor Smithing; or
(e) Coach and Motor Trimming; or
(f)
Panel Beating; or
(g) Farriery;
a person in the fourth year of apprenticeship is not to be taken as either a
tradesperson or an apprentice in the calling.
Ratio of apprentices to tradespersons generally
˙
9. Subject to sections 10 and 11, the number of apprentices in an
apprenticeship calling who may be employed by an employer in an
establishment is determined according to the ratio of 1 apprentice to each
tradesperson employed by the employer in the apprenticeship calling in the
8
Grain Industry (Restructuring) Act 1991
establishment.
Restriction on number of apprentices in certain callings
˙
10. The number of apprentices in the apprenticeship calling of—
(a) Binding and Finishing; or
(b) Composing; or
(c) Composing Machine Mechanism
Government Printing Office only); or
(Newspapers
and
the
(d) Graphic Reproduction; or
(e) Printing Machining; or
(f)
Rotary Web-Fed Lithographic and Letterpress Machining
(Newspapers only); or
(g) Screen Printing—Stencil Preparation; or
(h) Stereotyping and/or Electrotyping;
who may be employed by an employer in a printing establishment, must
not exceed 16 without the prior written permission of the State Training
Council.
State Training Council may permit increase in number of apprentices
˙
11.(1) The State Training Council may—
(a) by its written permission, permit an increase in the number of
apprentices in an apprenticeship calling mentioned in section 10,
who may be employed by an employer in a printing
establishment, up to the number determined under section 9; or
(b) by written notice, increase the number of apprentices in an
apprenticeship calling (including one referred to in section 10)
who may be employed by an employer in an establishment;
if the State Training Council considers that—
(c) the employer’s facilities and the range and amount of work
offered by the employer are such that the additional apprentices
would be adequately and properly trained in the apprenticeship
calling in employment in the establishment; and
9
Grain Industry (Restructuring) Act 1991
(d) the standard of training of all apprentices in the apprenticeship
calling employed by the employer in the establishment would not
be adversely affected because of the employment of the additional
apprentices in the establishment.
(2) When the State Training Council exercises a power under subsection
(1), the number of apprentices in an apprenticeship calling to which the
permission or notice relates, who may be employed by the employer
concerned in the establishment to which the permission or notice relates, is
increased accordingly.
Restrictions on use of electrical apprentice or electrical trainee
˙
12.(1) The employer of an electrical apprentice or electrical trainee who
has not completed 6 months of the apprenticeship or traineeship must not
require or permit him or her to be in the immediate vicinity of, or in an
enclosure where there is, a high voltage conductor or apparatus that is
exposed and live.
(2) The employer of an electrical apprentice or electrical trainee who has
not completed 6 months of the apprenticeship or traineeship must not
require or permit him or her to work, or be employed, in a location or
circumstances that could subject the electrical apprentice or electrical trainee
to the risk of contact with a low voltage conductor or apparatus that is
exposed and live.
(3) Subject to subsection 4, the employer of an electrical apprentice or
electrical trainee must not require or permit him or her to work on electrical
work that is or includes new work, alterations or additions, without the
electrical apprentice or electrical trainee being under the immediate personal
supervision of a tradesperson in performance of the work.
(4) The employer of an electrical apprentice or electrical trainee who has
completed 3 years and 9 months of the apprenticeship or traineeship may
require or permit him or her to work on electrical work that is or includes
new work, alterations or additions for a period not exceeding 2 hours on any
day during the temporary absence of a tradesperson, if the employer of the
electrical apprentice or electrical trainee ensures that the electrical work—
(a) is not connected to a source of a supply of electricity—
(i)
while the electrical apprentice or electrical trainee is
performing the work; and
10
Grain Industry (Restructuring) Act 1991
(ii) until the inspection referred to in paragraph (c) has been
carried out; and
(b) is not concealed or covered in any way until the inspection
referred to in paragraph (c) has been carried out; and
(c) is inspected by a tradesperson immediately on completion of the
work.
(5) The employer of an electrical apprentice or electrical trainee who has
not completed 2 years of the apprenticeship or traineeship must not require
or permit him or her to work, or be employed, on repairs outside the place
of employment, without the electrical apprentice or electrical trainee being
under the immediate personal supervision of a tradesperson in performance
of the repairs.
(6) Subject to subsection (7), the employer of an electrical apprentice or
electrical trainee who has completed 2 years of the apprenticeship or
traineeship must not require or permit him or her to work, or be employed,
on repairs, other than minor repairs, outside the place of employment,
without the electrical apprentice or electrical trainee being under the
immediate personal supervision of a tradesperson in performance of the
repairs.
(7) The employer of an electrical apprentice or electrical trainee who has
completed 3 years and 9 months of the apprenticeship or traineeship may
require or permit him or her to work on repairs, other than minor repairs,
outside the ordinary place of employment, under the general supervision of
a tradesperson.
Restriction on use of apprentice or trainee in certain activities
˙
13. The employer of an apprentice or trainee who is a minor and has not
completed 3 years of the apprenticeship or traineeship must not require or
permit him or her to—
(a) work in a bosun’s chair; or
(b) use a power-sander that is held by hand and weighs in excess
of 2.75 kg.
11
Grain Industry (Restructuring) Act 1991
SCHEDULE
¡
†
FEES
section 4
3.
4.
5.
6.
7.
Issue of an extract from the register of apprentices . . . .
Issue of a certified copy of an indenture . . . . . . . . . . . .
Issue of a certified copy of a certificate of completion of
apprenticeship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Issue of a certified copy of a training agreement . . . . . .
Issue of a certified copy of a certificate of completion of
training under a training agreement . . . . . . . . . . . . . . . .
$
12.00
13.00
12.00
12.00
12.00
12
Grain Industry (Restructuring) Act 1991
†
1
ENDNOTES
Index to Endnotes
´
Page
2
Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3
Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4
List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5
List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Date to which amendments incorporated
´
This is the reprint date mentioned in section 5(c) of the Reprints Act 1992.
Accordingly, this reprint includes all amendments that commenced operation on or
before 20 August 1993. Future amendments of the Vocational Education, Training
and Employment Regulation 1991 may be made in accordance with this reprint under
section 49 of the Reprints Act 1992.
3
Table of reprints
Reprint No.
1
4
´
Amendments included
Reprint date
none
1 July 1992
List of legislation
Vocational Education, Training and Employment Regulation 1991 SL No 102
pubd Ind Gaz 12 October 1991 pp 363–72
commenced 28 October 1991 (see s 2)
as amended by—
Vocational Education, Training and Employment
(No. 1) 1992 SL No. 411
notfd Gaz 11 December 1992 pp 1830–3
commenced on date of notification
Amendment
Regulation
13
Grain Industry (Restructuring) Act 1991
5
List of annotations
´
Key to abbreviations in list of annotations
amd
Chap
cl
def
Div
hdg
ins
om
prec
pres
prev
prov
Pt
RA
renum
Sdiv
sub
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
amended
Chapter
clause
definition
Division
heading
inserted
omitted
preceding
present
previous
provision
Part
Reprints Act 1992
renumbered
Subdivision
substituted
Provisions not included in reprint, or amended by
amendments not included in reprint, are underlined
Repeal
s 14
om (see s 40 RA)
SCHEDULE—FEES
amd 1992 SL No. 411 s 3