Discipline - Fines and Reprimand

Version Number

1.2

Implementation Date

1/07/2015

Scope

All Training

Purpose

For a delegated officer to determine appropriate disciplinary actions that may be taken when a party is found to have engaged in misconduct (as defined in s41) or has contravened the Further Education and Training Act 2014 (FET Act) or the training contract.​​​​​

Overview

​The FET Act describes a range of disciplinary actions that can be pursued when a party has engaged in misconduct, contravened the FET Act or the training contract.

Responsibilities

​Delegated Officer - Queensland Department of Education and Training (DET, Qld)
  • Decides the appropriate disciplinary action/s for parties who may have engaged in misconduct and/or contravened the FET Act or the training contract.

Process

​Delegated officer - DET, Qld
  • if appropriate, attempt to resolve workplace issue/s through educating about the obligations under the FET Act 
  • consider the severity and frequency of any previous actions including situations where the employer is failing, or has failed to comply with their obligations under the FET Act, and decide an appropriate action 
  • where the decision is to undertake a show cause, consider responses:
    • If there is opposition from all parties to the proposed action, re-evaluate the evidence
    • Where new valid information or evidence is presented, consider if sufficient grounds to warrant a reduction of the proposed action
    • If there is a dispute among the parties regarding the imposition of the proposed action, evaluate the reasons provided and re-assess
    • If support is received from all parties or there is a NIL response, proceed to implement the action.
After evaluating responses, notify the parties to the training contract, and parent (if applicable and appropriate) of the action to either:
  • not proceed
  • make an order under s42 (2) (b) directing the party to pay an amount of money (may be a portion of the maximum four penalty units) -  refer to Create an invoice (DET, Qld employees only)
  • make an order reprimanding the party in accordance with s42 (2) (a).
When recording notes on DELTA ensure information is sufficient in the context of creating a history to manage any subsequent acts of misconduct, contravention of the FET Act or the training contract.  

Online Resources

​Forms
Letters: (DET, Qld employees only)
  • CRM - Discipline - Information notice - EMP-APP-Parent
  • CRM - Discipline - show cause - EMP-APP-Parent
  • CRM - Discipline - written notice - not proceed - EMP-APP-Parent

Supporting documents

Online materials

Review Date

1/07/2017
Attribution CC BY
​Delegated officer – Appropriately qualified person to whom the chief executive has delegated functions and powers.  

DELTA  Direct Entry Level Training Administration, DET, Qld's database of registered apprentices and trainees (for internal access only) 

Order  an authoritative instruction outlining the disciplinary action of a reprimand, or directing a party to pay an amount of money to the chief executive.   

Reprimand  a rebuke for inappropriate action and is generally applied in cases of minor misconduct and for first offences of a minor nature.