Queensland Numbered Acts

WORKERS' COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 10

10 Insertion of new ch 2, pt 2, div 6, sdiv 1A

Chapter 2 , part 2 , division 6 —
insert—

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(4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.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.