EDUCATION (WORK EXPERIENCE) ACT 1996 Reprinted as in force on 1 January 2012 Reprint No. 3C [../images/EducWkExA96-3.gif] TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Commencement Part 2--Interpretation Division 1--Location of definitions 3. Definitions and dictionary Division 2--Meaning of key terms 4. Work experience arrangements etc. 5. Educational establishment Part 3--Administration 6. Work experience may be arranged 7. Principal to approve arrangement 8. Requirement for workers' compensation 9. Protection from liability 10. Certain laws not to apply to work experience placements 11. Work experience in restricted callings 12. Conditions of work experience 13. Regulation-making power Part 4--Transitional and savings 14. References to repealed Act SCHEDULE -- DICTIONARY Endnotes - LONG TITLE [as amended by all amendments that commenced on or before 1 January 2012] - LONG TITLE An Act regulating work experience provided to students as part of their education 1 Short title This Act may be cited as the Education (Work Experience) Act 1996. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions and dictionary (1) The dictionary in the schedule defines particular words used in this Act. (2) Definitions found elsewhere in the Act are signposted in the dictionary. (3) Division 2 defines key terms used in this Act. 4 Work experience arrangements etc. (1) A work experience arrangement is an arrangement made between a student's educational establishment and a person (the work experience provider) under which the person will provide experience (work experience) to the student as part of the student's education. (2) However, an arrangement made by a university or university college is not a work experience arrangement if— (a) it is for the provision of experience to a student enrolled in a course at the university or university college; and (b) the experience is a mandatory or assessable part of the course. 5 Educational establishment (1) A student's educational establishment is— (a) if the student is enrolled in a State school—the school; or (b) if the student is enrolled in a non-State school—the school; or (c) if the student is registered for home education—the home education place; or (d) if the student is enrolled in an international educational institution—the institution; or (e) if the student is enrolled in the agricultural college under the Agricultural College Act 2005 or a TAFE institute or statutory TAFE institute under the Vocational Education, Training and Employment Act 2000—the college or institute; or (f) if the student is enrolled in a training organisation registered under the Vocational Education, Training and Employment Act 2000—the organisation; or (g) if the student is enrolled in a university—the university; or (h) if the student is enrolled with an entity prescribed under a regulation to be an educational establishment—the entity. (2) However, an educational establishment does not include an institution, school, place, entity, college, establishment or university mentioned in subsection (1) if it is prescribed under a regulation not to be an educational establishment. 6 Work experience may be arranged (1) An educational establishment may make work experience arrangements for its students. (2) A work experience arrangement must be in writing. 7 Principal to approve arrangement (1) A work experience arrangement may be made for a student only with the approval of the principal of the student's educational establishment. (2) The principal may approve the arrangement only if, in the principal's opinion, the work experience provider is suitable to provide work experience. (3) The principal may delegate the principal's power under subsection (2) to an officer or employee of the educational establishment. 8 Requirement for workers' compensation (1) A student must not start a work experience placement until the responsible body has entered into a suitable contract of insurance with WorkCover Queensland under the Workers' Compensation and Rehabilitation Act 2003. (2) In subsection (1)— responsible body means— (a) if the student's educational establishment is a State school or a home education place—the chief executive (education); or (b) in any other case—the student's educational establishment. 9 Protection from liability (1) A student must not start a work experience placement until the insuring body has entered into a contract of insurance indemnifying the student and the work experience provider against liability for personal injury or property damage, suffered by the student, the work experience provider or another person, arising out of the work experience. (2) The maximum amount payable under the contract of insurance for a claim for injury or damage arising out of work experience is $10000000 plus an amount directly attributable to any GST payable in relation to a supply made because of the settlement of the claim. (3) In this section— insuring body means— (a) if the student's educational establishment is a State school, a home education place or a non-State school—the chief executive (education); or (b) in any other case—the student's educational establishment. 10 Certain laws not to apply to work experience placements (1) A student on work experience is taken not to be the employee of the work experience provider and the provider is taken not to be the employer of the student. (2) In particular, a law prohibiting employment or regulating working conditions does not apply to work experience. (3) However, the following laws apply to work experience as if the student were an employee or worker and the work experience provider were an employer— (a) the Work Health and Safety Act 2011; (b) the Child Employment Act 2006, section 8A; (c) a law that prohibits the employment, or regulates the working conditions, of persons who do not have particular qualifications. 11 Work experience in restricted callings (1) The Vocational Education, Training and Employment Act 2000, section 89, does not apply to work experience in restricted callings. (2) In this section— restricted calling means a calling declared to be a restricted calling under the Vocational Education, Training and Employment Act 2000, section 89(1). 12 Conditions of work experience (1) The following conditions apply to work experience— (a) the work experience arrangement must be made before the student starts a work experience placement; (b) if the student is a minor—a parent of the student must give written consent to the arrangement; (c) the work experience placement must finish in the year it starts; (d) the student must not receive work experience for more than 30 days in a year; (e) the work experience provider must not provide work experience to more than the permitted number of students at the same time; (f) the work experience provider must not provide work experience to the student at a time other than during the ordinary working hours of the place where the work experience is provided; (g) the student must not be paid for work experience. (2) Subsection (1)(b) does not apply to a student who is not in an adult's care and control. (3) Despite subsection (1)(d), a principal may approve, for a student who is a person with a disability, work experience for more than 30 days in a year. (4) For subsection (1)(e), the permitted number of students is— (a) the number equal to the number of full-time employees of the work experience provider; or (b) if special circumstances exist—the number approved by the chief executive. 13 Regulation-making power The Governor in Council may make regulations under this Act. 14 References to repealed Act In an Act or document, a reference to the Education (Student Work Experience) Act 1978 may, if the context permits, be taken to be a reference to this Act. - SCHEDULE -- DICTIONARY chief executive (education) means the chief executive of the department in which the Education (General Provisions) Act 2006 is administered. educational establishment see section 5. enrolled in an educational establishment, for a student, includes being registered for home education under the Education (General Provisions) Act 2006. home education see the Education (General Provisions) Act 2006, section 205. home education place means the usual place home education is provided. international educational institution see the Education (General Provisions) Act 2006, section 414. law includes a decision within the meaning of the Industrial Relations Act 1999. non-State school means a school that is provisionally accredited, or accredited, under the Education (Accreditation of Non-State Schools) Act 2001. parent includes a guardian and every person who is liable to maintain or has the actual custody of a child. person with a disability means a person who has a disability within the meaning of the Disability Services Act 2006, section 11. principal, of an educational establishment, means the person in charge of the establishment. State school see the Education (General Provisions) Act 2006, schedule 4. student means an individual who is at least 14 years old, and is enrolled in an educational establishment. work experience see section 4. work experience arrangement see section 4. work experience placement means a period for which work experience is provided. work experience provider see section 4. - NOTES Page Date to which amendments incorporated 12 Key 12 Table of reprints 13 List of legislation 13 List of annotations 15 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2012. Future amendments of the Education (Work Experience) Act 1996 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1996 Act No. 65 1996 Act 1 February 1997 3 February 1997 No. 75 1A 1999 Act No. 33 1 July 1999 27 July 1999 1B 2000 Act No. 20 1 July 2000 21 July 2000 1C 2000 Act No. 23 28 September 2000 11 October 2000 1D 2001 Act No. 60 21 September 2001 28 September 2001 1E 2001 Act No. 60 1 January 2002 2 January 2002 Reprint No. Amendments included Effective Notes 1F 2003 Act No. 27 1 July 2003 1G 2003 Act No. 63 1 January 2004 R1G withdrawn, see R2 2 — 1 January 2004 2A 2004 Act No. 53 29 November 2004 2B 2005 Act No. 20 1 July 2005 2C 2006 Act No. 12 1 July 2006 2D 2006 Act No. 39 30 October 2006 R2D withdrawn, see R3 3 — 30 October 2006 3A 2007 Act No. 23 14 June 2007 3B 2007 Act No. 53 9 November 2007 3C 2011 Act No. 18 1 January 2012 [../images/EducWkExA96-4.gif]