Queensland Numbered Acts

EDUCATION AND TRAINING LEGISLATION AMENDMENT ACT 2009 No. 40 - SECT 49

Part 3, division 5--

insert--

'(1) The council may cancel a qualification or statement of attainment, by fair procedures prescribed under a regulation, if--

(a) the qualification or statement of attainment was issued by--

(i) an entity that is not a registered training organisation; or

(ii) a registered training organisation acting outside the scope of its registration; or

(b) the registered training organisation that issued the qualification or statement of attainment--

(i) did not provide, or fully provide, the training or assessments for the issue of the qualification or statement of attainment; or

(ii) did not, in issuing the qualification or statement of attainment, comply with the condition mentioned in section 26(2)(a).

'(2) The council may make whatever inquiries the council considers necessary to help the council decide whether to cancel the qualification or statement of attainment.

'(3) If, after considering all representations made under the fair procedures, the council decides not to cancel the qualification or statement of attainment, the council must give written notice to the following that no further action will be taken--

(a) the person to whom the qualification or statement of attainment was issued (the holder);

(b) the registered training organisation or other entity that issued the qualification or statement of attainment.

'(4) If the council decides to cancel the qualification or statement of attainment, the council must, as soon as practicable after deciding, give an information notice to the entities mentioned in subsection (3)(a) and (b).

'(5) A decision under subsection (4)--

(a) has no effect if an appeal against the decision is upheld; and

(b) otherwise, takes effect on the earlier of the following--

(i) the last day to appeal against the decision;

(ii) the day an appeal against the decision is decided or otherwise ends.

'(6) If the qualification or statement of attainment is cancelled, the holder must, unless the holder has a reasonable excuse, return the cancelled qualification or statement of attainment to the council within 21 days after the decision has effect.

Maximum penalty for subsection (6)--40 penalty units.

'(1) The council must establish and make publicly available, a list of qualifications and statements of attainment cancelled by the council under section 45A.

Example of making a list publicly available--

publishing the list on the council's website

'(2) The council may also give notice of the cancellation of a qualification or statement of attainment by--

(a) publishing a notice about the cancellation in a newspaper circulating in the State; or

(b) giving written notice of the cancellation to other registering bodies or industry bodies for whom the information is relevant.

'(1) A person whose qualification or statement of attainment is cancelled under section 45A must not claim to hold the qualification or statement of attainment.

Maximum penalty--40 penalty units.

'(2) For subsection (1), a person claims to hold a qualification or statement of attainment if the person--

(a) makes the claim; or

(b) does any act likely to induce someone else to believe the person holds the qualification or statement of attainment.'.