Queensland Numbered Acts

WORKERS' COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 7

7 Insertion of new ch 2, pt 2, div 5, sdiv 2

After section 32 —
insert —

Subdivision 2 - Application for suspension by one party

32A Application for suspension of registered training contract by one party to the contract

(1) A party to a registered training contract may apply to the chief executive to suspend the contract for a period not exceeding 1 year if the party reasonably believes that the other party to the contract can not, under section 30, agree to a proposed suspension.

(2) The application must be in the approved form and state the following—

(a) the reasons for the proposed suspension, including why the applicant believes the other party can not agree to the suspension;

(b) the period of the proposed suspension;

(c) the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive.

(3) If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.

(4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.

32B Chief executive may request further information

(1) Within 21 days after receiving the application, the chief executive may give the 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(4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.

32C Show cause notice before suspension of registered training contract

(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 32A;

(b) the reasons stated in the application for the proposed suspension;

(c) if the chief executive proposes to suspend the contract—

(i) the period of the proposed suspension; and

(ii) the day the proposed suspension is to take effect;

(d) if the chief executive proposes not to suspend the contract—the reasons for the decision;

(e) that the party may, within 14 days after the show cause notice is given, give the chief executive a written response to the proposed suspension.

(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 (1) does not apply if the chief executive reasonably considers it is not practicable to give a show cause notice to the party.

(4) Also, 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.

32D Decision about suspension

(1) After having regard to the reasons stated in the application and, if a show cause notice was given, any written responses to the notice made under section 32C(1)(e), the chief executive must decide—

(a) if satisfied that a party can not perform the party’s obligations under the training contract—to suspend the contract; or

(b) otherwise—not to suspend the contract.

(2) The chief executive must give each party an information notice about the decision.

(3) If the chief executive decides to suspend the training contract the information notice must state—

(a) the period of the suspension; and

(b) the day the suspension takes effect.