Cancel Registered Training Contracts by Chief Executive

Version Number

1.6

Implementation Date

25/05/2016

Scope

All Training

Purpose

To cancel a registered training contract where the delegated officer is reasonably satisfied that one or more of the grounds outlined in s36 of the Further Education and Training Act 2014 (FET Act) exist.​​​

Overview

​Process for the delegated officer with the discretionary power to cancel registered training contracts if reasonably satisfied that one or more of the grounds in section 36 of the Further Education and Training Act 2014 (FET Act) applies.

Responsibilities

​VET Contract Management and Performance (VETCM&P) - Queensland Department of Education and Training (DET, Qld)
  • Facilitate any actions relevant to User Choice Policy in respect to the supervising registered training organisation (SRTO).

Delegated officer

  • Verify information and decide a proposed action when made aware of a situation that includes, but is not limited to, any of the following: 
    • investigations and/or advice received that a contract may contain false and/or misleading information
    • the employer is declared a "prohibited employer" as per s59 of the FET Act
    • the SRTO or employer advises that the apprentice/trainee has left the employer's employment
    • the apprentice/trainee contacts the Australian Apprenticeship Support Network (AASN) provider or Queensland Department of Education and Training (DET, Qld) to notify employment has ceased
    • Liquidators, SRTOs or parents may advise that the employer has ceased trading and no written advice has been received seeking to cancel the apprentice's/trainee's training contract 
    • media reports and/or advice received that the SRTO is/has ceased training operations
    • advice of the death of an apprentice/trainee or employer 
    • the school advises that they have withdrawn support 
    • the contract was registered in error.
  • Make all attempts to preserve the training contract; however, where it becomes apparent that this cannot be accomplished, proceed with cancellation process.
  • Provide affected apprentice/trainee with Fair Work Ombudsman information.

Australian Apprenticeship Support Network (AASN) provider:

  • Send details of cancellations to DET, Qld in the agreed format.
  • If it is determined that a show cause process is required, advise DET, Qld.
  • If an apprentice or trainee has lodged a claim for unfair dismissal, provide this advice to DET, Qld on the AASN Report Spreadsheet.

DET, Qld:

  • Undertake the process if a show cause notice is required.
  • Monitor and take any necessary action in relation to claims for unfair dismissal.

Employer:

  • Notify the AASN provider or DET, Qld that an apprentice/trainee has ceased employment.

Process

​Where DET, Qld or an AASN provider becomes aware an apprentice/trainee has lodged a claim for unfair dismissal with Fair Work or the Queensland Industrial Relations Commission (QIRC), officers are to refrain from actioning any cancellation under s35 of the FET Act. AASN providers are to provide the relevant details to DET, Qld on the AASN report spreadsheet and DET, Qld is to monitor the situation. Depending on the outcome, the training contract may continue or it may be cancelled in accordance with the FET Act. DET, Qld will take the necessary action in this regard.

Delegated officer
Where a cancellation investigation is delayed due to the apprentice/trainee pursuing a Fair Work claim, an officer is required to take the following actions in DELTA:
  • change the training contract sub-status to “Show cause” and insert a show cause identifier “Pending Fair Work Decision”
  • monitor the outcome of the claim by phoning the apprentice/trainee for an update
  • when the claim is resolved, reset the training contract sub-status as appropriate and remove the show cause identifier.
The cancellation process may then be commenced.

If a show cause process is not practicable and cancellation is not in relation to s36 (c)(e) or (h) of the FET Act:
  • cancel the registered training contract.

DET, Qld:

If a show cause process is practicable or the issue falls under s36 (c)(e) or (h) of the FET Act:​

  • ​proceed with a show cause process, consider all responses and:  
    • if the decision is a result of false or misleading information, notify the Director, Training, and include any recommendations and/or actions to be taken against the relevant party/ies 
    • where the decision is a result of, or results in the employer being declared a prohibited employer, consider actions for any other active training contracts.
Director, Training - DET, Qld
  • Endorse the proposed action/s, recommendation/s about false or misleading information and notify the Queensland Apprenticeship and Traineeship Office: OPRA@DETE.qld.gov.au.
Queensland Apprenticeship and Traineeship Office - DET, Qld
  • Notify VETCM&P of the action/s taken and the recommendations made with regards to a Preferred Qualified Supplier (PQS) SRTO.
  • Notify the relevant Commonwealth Department of the action/s that DET, Qld has imposed for their consideration with respect to employer incentives.

Online Resources

​Forms
Letters: (DET employees only)
  • CAS/DELTA  Canc by CE - Written Notice - No Show Cause s36(i)
  • CAS/DELTA – Canc by CE – Written Notice – No Show Cause 36a
  • CAS/DELTA – Canc by CE – Written Notice – No Show Cause 36b
  • CAS/DELTA – Canc by CE – Written Notice – No Show Cause 36d
  • CAS/DELTA – Canc by CE – Written Notice – No Show Cause 36f
  • CRM - Cancel by chief executive - information notice - cancel (c) (e) (h) - EMP-APP-Parent-School
  • CRM - Cancel by chief executive - show cause (a) to (k) - EMP-APP-Parent
  • CRM - Cancel by chief executive - written notice cancel (a) (b) (d) (f) (g) (i) (j) (k) - EMP-APP-Parent-School
  • CRM - Cancel by chief executive - written notice cancel NO show cause - EMP-APP-Parent-School
  • CRM - Cancel by chief executive - written notice NOT cancel (a) to (k) - EMP-APP-Parent-School

Agreements (AASN providers only)

  • Performance and Funding Agreement between DET, Qld and the AASN providers 
Online materials

Review Date

1/07/2017
Attribution CC BY

Australian Apprenticeship Support Network (AASN) provider – AASN providers, also known as Apprenticeship Network providers, are contracted by the Queensland Department of Education and Training (DET, Qld) to provide targeted services which deliver tailored advice and support to employers, apprentices and trainees. The AASN provider is the first point of contact for the administration of all training contracts.

Date of effect -

  1. If a show cause notice has been issued to the parties of a registered training contract - the date of effect is the date of decision by the DET, Qld delegated officer
  2. Where the delegated officer reasonably considers it is not practicable to issue a show cause notice to the parties of a registered training contract - the date of effect is the date that has been provided by either party to the training contract.
  3. Where notification that employment has ceased comes from a third party (e.g. school, SRTO), and the officer is unable to contact either party of the registered training contract to determine the actual date, the date of effect is the date the delegated officer came to the reasonable belief that employment has ceased.

Delegated officer – an appropriately qualified person to whom the chief executive has delegated functions and powers.​

False or Misleading Information – information that a party to the training contract may have intentionally or unintentionally provided which, if revealed at time of signing and lodging, may have or would have resulted in the training contract not being registered. 

Not Practicable – does not mean ‘impossible’ but it means more than ’inconvenient’ or ’difficult’. For example, the business has closed down, and mail would not be delivered.
 
Pre-Qualified Supplier (PQS) – Registered Training Organisation approved by DET, Qld as a PQS to deliver publicly-funded User Choice training and assessment services.

Prohibited employer – where DET, Qld has declared an employer to be a prohibited employer.