Queensland: Further Education and Training Act 2014 (Qld)

Further Education and Training Act 2014 An Act to streamline the regulation of apprenticeships and traineeships and to establish a robust and modern legislative framework for training Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Further Education and Training Act 2014. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (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. (2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence. Part 2 Objects of Act 4 Objects The objects of this Act are— (a) to strengthen Queensland's economic base by providing a skilled workforce that meets the current and future needs of industry, Government and the community; and (b) to facilitate the provision of vocational education and training that is linked to employment and is responsive to the future workforce development and skills requirements of industry; and (c) to support the continued development of high-quality training by and within industry; and (d) to support Queenslanders to access and complete the skills training they need to get a job and contribute to the State's economy and their own prosperity; and (e) to establish a simple, streamlined apprenticeship and traineeship system featuring flexible, industry-endorsed approaches to trade training; and (f) to support industry and employers to take on, train and retain apprentices and trainees. Part 3 Interpretation 5 Definitions The dictionary in schedule 1 defines particular words used in this Act. 6 Who is an apprentice (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. Note— Section 15 states who are the parties to the contract. (2) However, an employee is not an apprentice if— (a) the employee's employer is a prohibited employer; and (b) the employment contravenes the declaration of the employer under section 59. 7 Who is a trainee (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. Note— Section 15 states who are the parties to the contract. (2) However, an employee is not a trainee if— (a) the employee's employer is a prohibited employer; and (b) the employment contravenes the declaration of the employer under section 59. Chapter 2 Apprentices and trainees Part 1 Declaring apprenticeships or traineeships 8 Declaring apprenticeships or traineeships (1) This section applies if a person can obtain a qualification or statement of attainment by completing employment-based training with an employer. (2) The chief executive may declare the employment-based training leading to the qualification or statement of attainment to be an apprenticeship or traineeship. (3) A declaration under subsection (2)— (a) must be in writing; and (b) must be published on the department's website; and (c) may include requirements prescribed by regulation for the apprenticeship or traineeship. (4) Without limiting subsection (3)(c), the requirements may include the following for the apprenticeship or traineeship— (a) the minimum hours of paid employment; (b) whether it is to be completed on a full-time or part-time basis; (c) whether it may be completed by a student at a school; (d) the number of units of competency that may be completed by a student at a school. (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. Part 2 Training contracts Division 1 Preliminary 9 Start of 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. 10 Term of training contract (1) The chief executive may decide the term (the nominal term) of training contracts for apprenticeships and traineeships. (2) Different nominal terms may be decided— (a) for different apprenticeships or traineeships; or (b) depending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school; or (c) for individual apprentices or trainees who have previous experience as an apprentice or trainee; or (d) for individual apprentices or trainees who have previously obtained qualifications or gained relevant work experience. (3) The nominal term of a training contract must include the probationary period for the apprenticeship or traineeship. Note— Section 23 provides for an extension of the nominal term for a particular apprentice or trainee. 11 Probationary period (1) The chief executive is to decide the probationary period for apprenticeships and traineeships. (2) Different probationary periods may be decided— (a) for different apprenticeships or traineeships; or (b) depending on whether apprenticeships or traineeships are completed during full-time or part-time employment, or while the apprentice or trainee is at school. 12 Application to extend probationary period (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. Note— Section 15 states who are the parties to the contract. (2) However, the probationary period may not be extended past the date that is 6 months from the commencement of the training contract. (3) The application must be received by the chief executive at least 14 days before the end of the probationary period. (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. (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. (6) However, subsection (5) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. Example— It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents. 13 Decision on application to extend probationary period (1) The chief executive must decide an application under section 12 within 7 days after receiving the application. (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. (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. (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. 14 Ending apprenticeship or traineeship during probationary period (1) An apprenticeship or traineeship may be ended during the probationary period by the giving of written notice— (a) by the employer to the apprentice or trainee; or (b) by the apprentice or trainee to the employer. (2) A notice under subsection (1) must state the date the apprenticeship or traineeship is to end. (3) For subsection (2), the stated date must not be later than the end of the probationary period. (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. Division 2 Signing and registration of training contracts 15 Training contract to be signed (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. (2) The parties to the training contract are— (a) the employer; and (b) the person to be trained as an apprentice or trainee under the contract. (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). (4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. Example— 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. 16 Employer must ensure training contract is given to chief executive or person authorised (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— (a) the chief executive; (b) a person authorised by the chief executive to accept training contracts. Maximum penalty—40 penalty units. (2) The chief executive must publish on the department's website the names and addresses of persons authorised to accept training contracts. 17 Registering training contracts (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. (2) The chief executive must decide whether to register or refuse to register the training contract. (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. (4) The chief executive may refuse to decide whether to register the training contract until the parties supply the requested documents or information. (5) The chief executive may register the training contract only if— (a) the contract is in the approved form; and (b) if the chief executive has requested documents or information under subsection (3)—the employer has supplied the documents or information; and (c) the employer is not a prohibited employer whose employment of the apprentice or trainee contravenes the declaration of the employer under section 59; and (d) if the employer is actively employing 25 or more apprentices and trainees under a hosting arrangement—the employer is a group training organisation or principal employer organisation; and (e) the apprentice or trainee is not prohibited under an Act or law from undertaking paid employment; and Example for paragraph (e)— an apprentice or trainee who holds a visa that prohibits him or her from working while in Australia. (f) a registered training organisation has— (i) accepted the nomination to be the supervising registered training organisation for the apprentice or trainee; and (ii) undertaken to prepare a training plan, including an employer resource assessment; and (g) if the apprentice or trainee is a school student—the chief executive is satisfied it is appropriate in all the circumstances for the training contract to be registered. (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— (a) the age and year of schooling of the student; (b) whether the student's school supports the contract; (c) other matters that may be relevant for deciding whether the training contract is suitable for the student. (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. (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. (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. (10) If the chief executive refuses to register the training contract, the contract and the apprenticeship or traineeship to which it relates end on— (a) the day stated in the written notice of the decision as the day the decision has effect; or (b) an earlier day agreed to by the parties. (11) In this section— home education has the meaning given in the Education (General Provisions) Act 2006, section 205. 18 False or misleading information in training contract (1) A person must not state anything in a training contract that the person knows is false or misleading. Maximum penalty—50 penalty units. (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. 19 Premiums prohibited (1) A person must not, either directly or indirectly, demand, accept, or agree to accept, from another person a premium for— (a) employing a person as an apprentice or trainee; or (b) inducing, or attempting to induce, another person to employ a person as an apprentice or trainee; or (c) amending a registered training contract; or (d) cancelling a registered training contract. Maximum penalty—50 penalty units. (2) If a person is convicted of an offence against subsection (1), the court in which the person is convicted may order the person— (a) to return the premium to the person who gave it; or (b) to reimburse the person who gave the premium an amount equal to the value of the premium. (3) Subsection (2) does not limit the court's power to impose a penalty on the person convicted. (4) An order under subsection (2)— (a) may be filed in a court with jurisdiction to recover in an action for debt the amount payable under the order; and (b) on being filed, is taken to be an order of that court and may be enforced accordingly. (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— (a) the State; or (b) the Commonwealth; or (c) an entity that pays a grant or incentive under a written agreement with the State or the Commonwealth; or (d) an employer group, union or other industry body. Division 3 Amending registered training contract 20 Amending registered training contract (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. (2) The parties to the registered training contract may apply to the chief executive for approval of an amendment to the contract. (3) The application must be in the approved form and state— (a) the proposed amendment; and (b) the reasons for the proposed amendment; and (c) that the proposed amendment is agreed to by the parties. (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. (5) However, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application. Example— It may be inappropriate for a parent to sign the application if the apprentice or trainee is living independently of his or her parents. (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. (7) The chief executive may refuse to consider the application until the parties give the documents or information requested under subsection (6). (8) The chief executive— (a) must consider the application and any documents or information given as requested under subsection (6); and (b) may approve the proposed amendment or refuse to approve the proposed amendment. (9) If the chief executive decides to approve the proposed amendment, the chief executive must— (a) update the records held by the department; and (b) give the parties a signed notice of the approval. (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. 21 Minor amendment of registered training contract (1) A party to a registered training contract may give notice of a minor amendment of the contract to— (a) the other party to the contract; and (b) either— (i) the chief executive; or (ii) a person authorised by the chief executive to accept the notice. (2) The notice may be given orally or in writing. (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. (4) The chief executive or authorised person may request further information before deciding whether to approve the amendment. (5) The amendment takes effect when the department's records are updated. (6) The chief executive must publish on the department's website the names and addresses of persons authorised to accept notices under this section. (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. Examples of a minor amendment— • a party changes the party's name or address • a correction of a typographical error in a party's name or address 22 When chief executive may amend registered training contract without application by the parties (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. Examples 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 (2) The chief executive must update the department's records to include the amendment. (3) The amendment takes effect when the records are updated. (4) The chief executive does not have to give notice of the amendment to the parties. 23 Application for extension of nominal term of registered training contract (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. (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. (3) The application must be in the approved form and state— (a) that each applicant agrees to an extension of the registered training contract; and (b) the reasons for the requested extension. (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. (5) However, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application. (6) On receiving the application, the chief executive may approve or refuse to approve the application. (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. (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. (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. (10) If the nominal term of a training contract is extended, the contract is taken to be similarly extended. (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. Division 4 Transfer of registered training contract Subdivision 1 Temporary transfer of registered training contract 24 Temporary transfer of registered training contract (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. (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. (3) The notice must— (a) be in the approved form; and (b) state— (i) the name of the new employer; and (ii) the day the transfer took effect; and (iii) the period of the transfer; and (iv) that the transfer is agreed to by each of the parties to the registered training contract; and (c) be signed by— (i) each of the parties; and (ii) the new employer; and (iii) if the apprentice or trainee is under 18 years—the parent of the apprentice or trainee. (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. Example— It may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents. 25 Transferring employer must notify supervising registered training organisation of temporary transfer of registered training contract (1) This section applies if a registered training contract is temporarily transferred to a new employer under section 24. (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. Subdivision 2 Permanent transfer of registered training contract 26 Application for permanent transfer of registered training contract (1) The following may apply to the chief executive for a registered training contract to be permanently transferred to a new employer— (a) all parties to the contract and the proposed new employer; (b) the apprentice or trainee under the contract and the proposed new employer. (2) The application must be in the approved form and state the following information— (a) the name of the proposed new employer; (b) the proposed day for the transfer; (c) that the proposed transfer is agreed to by each of the applicants; (d) the reasons for the proposed transfer. (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. (4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. Example— It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents. 27 Procedure for deciding application if application by all parties to registered training contract and proposed new employer (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. (2) The chief executive must decide the application within 28 days of receiving it. (3) The chief executive may grant the application only if satisfied the criteria mentioned in section 17(5)(c) to (g) are satisfied. (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. (5) If the chief executive approves the application, the chief executive must advise the applicants— (a) that the transfer has been approved; and (b) of the date from which the transfer takes effect. (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. 28 Procedure for deciding application if application only by apprentice or trainee and proposed new employer (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. (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. (3) The chief executive must decide the application within 28 days of receiving it. (4) In deciding the application the chief executive— (a) must have regard to any objection received from the current employer; and (b) may grant the application only if satisfied the criteria mentioned in section 17(5)(c) to (g) are satisfied. (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. (6) If the chief executive approves the application, the chief executive must advise each of the applicants and the current employer— (a) that the transfer has been approved; and (b) of the date on which the transfer takes effect. (7) If the chief executive refuses the application, the chief executive must— (a) advise the current employer of the decision; and (b) give each of the applicants written notice of the decision, including the reasons for the decision. (8) In this section— current employer means the employer who is a party to the registered training contract. Subdivision 3 Statutory transfer or cancellation of registered training contract 29 Statutory transfer or cancellation of registered training contract (1) This section applies if an event mentioned in section 58(1)(a) happens. (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. (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). (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. (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. (6) If an event mentioned in section 58(1)(b) happens— (a) if the business of the dissolved partnership is continued by 1 person who was a partner of the dissolved partnership—the registered training contract is taken to be assigned to the person when the winding-up of the affairs of the dissolved partnership is complete; or (b) if the business of the dissolved partnership is continued by 2 or more persons who were partners of the dissolved partnership under a new partnership—the registered training contract is taken to be assigned to the persons when the new partnership begins; or (c) if neither paragraph (a) nor (b) applies—the registered training contract is cancelled. 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 (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. (2) The application must be in the approved form and must state the following— (a) the reasons for the proposed suspension; (b) the period of the proposed suspension; (c) the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive; (d) that the proposed suspension is agreed to by each of the parties to the registered training contract. (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. (4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. Example— It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents. 31 Applicant may withdraw consent to the application to suspend (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. (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. (3) However, subsection (2) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice. Example— It may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents. (4) If a party to a registered training contract withdraws the party's consent under subsection (1)— (a) the application is taken to have been withdrawn; and (b) the chief executive must give all parties to the contract written notice stating— (i) the application has been withdrawn; and (ii) the contract continues in force. 32 Suspension if consent not withdrawn (1) This section applies if— (a) an application is made under section 30 to suspend a registered training contract; and (b) section 31 does not apply. (2) The registered training contract is suspended— (a) from the day stated in the application; and (b) for the period stated in the application. (3) The chief executive must give the parties to the registered training contract written notice of the suspension. Subdivision 2 Application for suspension by one party 32A Application for suspension of registered training contract by one party to the contract (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. (2) The application must be in the approved form and state the following— (a) the reasons for the proposed suspension, including why the applicant believes the other party can not agree to the suspension; (b) the period of the proposed suspension; (c) the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive. (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. (4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. 32B Chief executive may request further information (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. (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. (3) The chief executive must consider any information given by the applicant within the period stated in the notice. (4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice. 32C Show cause notice before suspension of registered training contract (1) The chief executive must give each party to the registered training contract a notice (a show cause notice) stating the following— (a) that an application has been made under section 32A; (b) the reasons stated in the application for the proposed suspension; (c) if the chief executive proposes to suspend the contract— (i) the period of the proposed suspension; and (ii) the day the proposed suspension is to take effect; (d) if the chief executive proposes not to suspend the contract—the reasons for the decision; (e) that the party may, within 14 days after the show cause notice is given, give the chief executive a written response to the proposed suspension. (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. (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. (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. 32D Decision about suspension (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— (a) if satisfied that a party can not perform the party's obligations under the training contract—to suspend the contract; or (b) otherwise—not to suspend the contract. (2) The chief executive must give each party an information notice about the decision. (3) If the chief executive decides to suspend the training contract the information notice must state— (a) the period of the suspension; and (b) the day the suspension takes effect. Division 5A Application for temporary suspension by employer and stand down of employment 32E Application for temporary suspension of registered training contract (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. (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. (3) The application must be in the approved form and state— (a) the reasons for the proposed temporary suspension; and (b) the period of the proposed temporary suspension. (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. 32F Decision about temporary suspension (1) Within 7 days after receiving the application, the chief executive must decide the application. (2) After having regard to the reasons stated in the application and any submissions made under section 32E(4), the chief executive must decide— (a) if satisfied the employer can not provide the training to the apprentice or trainee under the training contract—to approve the application; or (b) otherwise—not to approve the application. (3) The chief executive must give each party an information notice about the decision. (4) If the chief executive approves the application, the information notice must state the following— (a) the maximum period, of not more than 30 days, over which the training contract may be suspended; (b) the time during the maximum period, or a part of the period, the employer may stand down the apprentice or trainee; (c) the day the period starts. (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. (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. 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 (1) The parties to a registered training contract may apply to the chief executive to cancel the contract. (2) The application must be in the approved form. (3) If the apprentice or trainee is under 18 years, the application must be signed by a parent of the apprentice or trainee. (4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application. Example— It may be inappropriate for a parent to sign the application if the apprentice or trainee is living independently of his or her parents. 34 Applicant may withdraw consent to the application to cancel (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. (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. (3) However, subsection (2) does not apply if it would be inappropriate in all the circumstances for a parent to sign the notice. Example— It may be inappropriate for a parent to sign the notice if the apprentice or trainee is living independently of his or her parents. (4) If a party to a registered training contract withdraws the party's consent under subsection (1)— (a) the application is taken to have been withdrawn; and (b) the chief executive must give all parties to the contract written notice stating— (i) the application has been withdrawn; and (ii) the contract continues in force. 35 Cancellation if consent not withdrawn (1) This section applies if— (a) an application is made under section 33 to cancel a registered training contract; and (b) section 34 does not apply. (2) The registered training contract is cancelled on the day stated in the application. (3) The chief executive must give the parties to the registered training contract written notice of the cancellation. Subdivision 1A Cancellation on application by one party 35A Application to cancel registered training contract by one party (1) A party to a registered training contract may apply to the chief executive to cancel the contract if the party believes— (a) the party can not successfully complete the party's obligations under the contract; or (b) the other party can not successfully complete the other party's obligations under the contract. (2) The application must be in writing and— (a) must state the following— (i) the reasons for the proposed cancellation; (ii) the day the proposed cancellation is to take effect, being not less than 7 days after the application is given to the chief executive; and (b) may include material in support of the application. 35B Chief executive may request further information (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. (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. (3) The chief executive must consider any information given by the applicant within the period stated in the notice. (4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice. 35C Show cause notice before deciding to cancel (1) The chief executive must give each party to the registered training contract a notice (a show cause notice) stating the following— (a) that an application has been made under section 35A; (b) the reasons, as stated in the application, for the proposed cancellation; (c) if the chief executive proposes to cancel the contract— (i) the reasons for the decision; and (ii) the day the cancellation takes effect; (d) if the chief executive proposes not to cancel the contract—the reasons for the decision; (e) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation. (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. (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. 35D Decision about cancellation (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— (a) if satisfied that a party to the training contract can not successfully complete the party's obligations under the contract—to cancel the contract; or (b) otherwise—not to cancel the contract. (2) The chief executive must give each party an information notice about the decision. (3) If the chief executive decides to cancel the training contract the information notice must state the day the cancellation takes effect. 35E Cancellation in response to application 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. Subdivision 2 Cancellation without application 36 Grounds for cancellation of registered training contract by chief executive (1) The chief executive may cancel a registered training contract if reasonably satisfied that 1 or more of the following grounds applies— (a) the employer has ceased business; (b) the employer has ceased operating the business in which the apprentice or trainee under the contract was employed; (c) there has been a substantial change in a party's circumstances and the change has affected the party's capacity to perform the party's obligations under the contract; (d) the employer has moved the employer's business to a place to which it is impractical or unreasonable for the apprentice or trainee to travel; (e) the contract contains false or misleading information; (f) the supervising registered training organisation withdraws from the training plan for the contract and no replacement supervising registered training organisation has been nominated; (g) the employer has been declared a prohibited employer; (h) the employer is failing, or has failed, to comply with the employer's obligations under this Act or the contract; (i) the apprentice or trainee is no longer employed by the employer and it is at least 21 days since the employment ceased; (j) if the apprentice or trainee is a school student—the school withdraws support for the student's participation under the contract; (k) the contract was registered in error. (2) The chief executive must not cancel a registered training contract under subsection (1)(i) if— (a) the chief executive has received notice of a contested event under section 58A; and (b) the contested event has not been finalised. 37 Show cause notice before cancellation of registered training contract (1) This section applies if the chief executive is proposing to cancel a registered training contract under this subdivision. (2) The chief executive must first give each party to the registered training contract a notice (a show cause notice) stating— (a) that the chief executive proposes to cancel the contract; and (b) the reasons for the proposed cancellation; and (c) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation. (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. Example of circumstances in which it may not be practicable to give a show cause notice— The employer who is a party to the registered training contract has ceased trading. 38 Decision about cancellation after show cause notice (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— (a) decide whether to cancel the registered training contract; and (b) give the parties— (i) if the chief executive decides to cancel the contract under section 36(1)(c), (e) or (h)—an information notice for the decision; or (ii) if the chief executive decides to cancel the contract other than under section 36(1)(c), (e) or (h)—written notice of the decision, including the reasons for the decision; or (iii) if the chief executive decides not to cancel the contract—written notice of the decision. (2) The decision to cancel the registered training contract takes effect on the day stated in the notice given under subsection (1)(b). 39 Decision about cancellation if show cause notice not given (1) This section applies if the chief executive does not give the parties a show cause notice under section 37(3). (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. (3) The cancellation takes effect on the date stated in the notice. 40 Registered training contract ends if cancelled 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. Division 6A Re-registration of cancelled contract in particular circumstances 40A Definitions for division 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— (a) each person that was a party to a cancelled contract; and (b) the supervising registered training organisation for the apprentice or trainee who was a party to the cancelled contract. 40B Application of division This division applies if the industrial relations commission or fair work commission makes a reinstatement decision. 40C Obligation to notify chief executive of relevant decision 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. 40D Notice of re-registration of training contract after relevant decision The chief executive must, as soon as practicable after receiving a notice under section 40C— (a) re-register the training contract; and (b) provide each relevant entity with a written notice stating the following— (i) that the chief executive has re-registered the cancelled contract as a registered training contract; (ii) that the nominal term of the re-registered training contract is extended by the period the contract was cancelled before being re-registered under paragraph (a); (iii) the date the nominal term ends taking into account the period of extension under subparagraph (ii); (iv) that the training plan for the apprentice or trainee under the cancelled contract continues in force unless the parties enter into a new training plan. Division 7 Discipline 41 Definition for div 7 In this division— misconduct, for a party to a registered training contract, means— (a) the party fails to carry out a reasonable and lawful instruction that is consistent with the party's obligations under the contract given by— (i) if the party is the employer—the chief executive; or (ii) if the party is the apprentice or trainee, any of the following— (A) the chief executive; (B) the employer; (C) the employer's agent or employee; (D) the supervising registered training organisation for the apprentice or trainee; or (b) the party does not— (i) keep a training record prescribed by regulation in the way prescribed by regulation; or (ii) when requested by any of the following persons, produce the record for the person's inspection— (A) another party to the contract; (B) the chief executive; (C) the supervising registered training organisation for the apprentice or trainee under the registered training contract; or (c) if the party is the employer—the party does not comply with section 56, 57 or 58; or (d) if the party is the apprentice or trainee—the party does not comply with section 55. 42 Discipline (1) This section applies if the chief executive reasonably believes a party to a registered training contract— (a) has contravened this Act or the contract; or (b) has engaged in misconduct. (2) The chief executive may make an order— (a) reprimanding the party; or (b) directing the party to pay the chief executive an amount of not more than 4 penalty units. (3) A order under subsection (2)(b) may direct— (a) the party to pay the amount directly or by instalments over a stated period; or (b) if the party is the apprentice or trainee—despite the Industrial Relations Act 2016, section 371, the apprentice's or trainee's employer to deduct the amount directly or by instalments over a stated period from the apprentice's or trainee's wages and pay it to the chief executive. (4) A person must not contravene an order made under subsection (2)(b). Maximum penalty for subsection (4)—50 penalty units. 43 Chief executive must give show cause notice before making an order (1) This section applies if the chief executive is proposing to make an order under section 42(2). (2) The chief executive must first give each party to the registered training contract a notice (a show cause notice) stating— (a) the order the chief executive proposes to make; and (b) the reasons for the proposed order; and (c) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed order. 44 Decision about order after show cause notice (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). (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. Division 8 Completion of registered training contract Subdivision 1 Issue of completion certificate 45 Issue of completion certificate if all parties agree (1) This section applies if— (a) the parties to a registered training contract are satisfied the apprentice or trainee under the contract has completed all training and assessment required under the training plan for the apprentice or trainee; and (b) the supervising registered training organisation for the apprentice or trainee has issued the qualification or statement of attainment stated in the plan. Note— See part 4 for provisions about training plans. (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. (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. (4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. Example— It may be inappropriate for a parent to give signed consent if the apprentice or trainee is living independently of his or her parents. (5) A person must not state anything in the completion agreement that is false or misleading. Maximum penalty for subsection (5)—50 penalty units. 46 Supervising registered training organisation must give completion agreement to chief executive 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. 47 Decision by chief executive about issue of completion certificate if all parties agree (1) On receiving the completion agreement, the chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship. (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. (3) The chief executive may request further information before deciding whether to issue a completion certificate. (4) If the chief executive decides to issue the completion certificate, the chief executive must immediately— (a) give written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and (b) give the apprentice or trainee the completion certificate. (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. 48 Notification of failure to sign completion agreement (1) This section applies if— (a) the apprentice's or trainee's supervising registered training organisation is reasonably satisfied— (i) all training and assessment under the training plan for the apprentice or trainee has been completed by the apprentice or trainee; and (ii) the apprentice or trainee has been, or is entitled to be, issued with the qualification or statement of attainment for the apprenticeship or traineeship; and (b) the employer or apprentice or trainee— (i) has refused or neglected to sign a completion agreement after being requested to do so; or (ii) has not signed a completion agreement because they can not be contacted. (2) The supervising registered training organisation must advise the chief executive in writing— (a) that the organisation is reasonably satisfied of the matters mentioned in subsection (1)(a) and the reasons it is reasonably satisfied; and (b) of the party to the registered training contract that has not signed the completion agreement. 49 Chief executive must give notice to the parties to the registered training contract 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— (a) the supervising registered training organisation has advised the chief executive of the matters mentioned in section 48(1)(a); and (b) the chief executive is considering whether to issue a completion certificate to the apprentice or trainee; and (c) the party may, within 21 days after the notice is given, advise the chief executive whether the party considers the completion certificate should be given, including the reasons for the party's view. 50 Decision by chief executive about issue of completion certificate if all parties do not agree (1) This section applies if— (a) the chief executive has given notice to the parties to the registered training contract under section 49; and (b) 21 days have elapsed since the notice was given. (2) The chief executive must decide whether or not to issue a completion certificate for the apprenticeship or traineeship. (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. (4) If the chief executive decides to issue the completion certificate, the chief executive must immediately— (a) give written notice of the decision to the parties to the registered training contract and the supervising registered training organisation; and (b) give the apprentice or trainee the completion certificate. (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. 50A Application for completion certificate (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. (2) The parties may apply to the chief executive for the issue of a completion certificate. (3) The application must be in the approved form and include— (a) evidence that the apprentice or trainee has completed all training and assessment required under the training plan for the apprentice or trainee; and (b) if the apprentice or trainee is under 18 years—the signed consent of a parent of the apprentice or trainee. (4) However, subsection (3)(b) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent. (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. 51 Issue of completion certificate ends registered training contract (1) The registered training contract for an apprentice or trainee ends when the chief executive issues a completion certificate for the apprenticeship or traineeship. (2) This section applies despite the nominal term of the contract. Subdivision 2 Cancellation of completion certificate 52 Chief executive must give show cause notice before cancelling completion certificate (1) The chief executive may cancel a completion certificate if the chief executive reasonably believes the certificate was issued— (a) in error; or (b) because of a materially false or misleading representation or declaration. (2) The chief executive must first give the holder of the completion certificate a notice (a show cause notice) stating— (a) that the chief executive is considering cancelling the completion certificate; and (b) the reason for the proposed cancellation; and (c) that the holder may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation. 53 Decision about cancellation after show cause notice (1) After considering any written response from the holder of th