Parent/guardian requirements
Version 7 - 01/09/2009 (Uncontrolled document when printed)
Authority
Legislation
Vocational Education, Training and Employment Act 2000 (the Act) [PDF 1.2MB] available on the Office of the Parliamentary Counsel website
Section 52(3)(c) - Training contract to be signed
Section 55 - False or misleading information in training contract
Section 134 - Functions of ombudsman
Section 230(2) - Appeal to industrial commission against council or other decision
Schedule 3 - Dictionary - Definition of "parent"
Other Authority
Law Reform Act 1995 [PDF 352kB] available on the Office of the Parliamentary Counsel website
Section 17 - What is age of majority
Operational Procedure
1.1 If an applicant for an apprenticeship or traineeship is under 18 years of age as at the date of signing the training contract, and under the care and control of a parent or legal guardian, the details and the signature of the parent or guardian are required on the training contract. Section 52(1) of the VETE Act requires the parties to sign the contract before the probationary period ends.
Section 52(3)(c) of the VETE Act states that if the apprentice or trainee is a minor, the apprentice's or trainee's parent, unless the minor is not in the parent's care and control, is a party to the training contract. In Schedule 3 of the VETE Act - the Dictionary - "parent" is defined as including the guardian and each person who is liable to maintain, or has the care and control of, a minor. Section 17 of the 'Law Reform Act 1995' identifies that the age of majority is 18 years. A person under the age of 18 is a minor.
1.2 If parent/guardian details are not provided and the apprentice or trainee is less than 18 years of age, the Training Queensland officer should establish with the apprentice or trainee the reasons for the absence of the parent/guardian's details and signature. If it is established that the person is still under the care and control of a parent or legal guardian, then the training contract must be returned to the Australian Apprenticeships Centre (AAC), under cover of the standard letter, requesting that the details and signature be obtained. If it is established that the person is not under the care and control of the parent/guardian and is not willing or able to obtain the parent's signature, the training contract may be registered without the parent's details and signature.
1.3 Training Queensland officers should make an entry in DELTA Notes / Contacts reflecting the findings of the contact with the apprentice or trainee. The requirement for a parent or guardian in the Direct Entry Level Training Administration database (DELTA) for a person under 18 can be overridden. Training Queensland officers should refer to the DELTA manual or contact the DELTA Help Desk for assistance with any DELTA issues.
1.4 Advice received from Legal and Administrative Law Branch is that "the absence of the parent/guardian's signature would not affect the binding nature of the training contract". However, the VETE Act requires a parent/guardian to be a party to the training contract if the minor is under the care and control of the parent or guardian.
1.5 Training Queensland officers are not required to investigate the authenticity of the nominated parent/guardian's status unless they are made aware of concerns about the legitimacy of the information.
1.6 Occasionally, training contracts are received from minors who are administered by the Department of Communities. Sometimes, that department is nominated as the guardian and the manager of the local area office will sign the training contract on that department's behalf. These training contracts may be registered.
1.7 The parent/guardian's rights and responsibilities must be considered for certain activities which affect the training contract. These activities include cancellation, temporary stand down and temporary assignment. Disciplinary and "show cause" situations also require parent or guardian involvement. The parent or guardian cannot be a person "aggrieved" for any appeals to the Industrial Commission for any decisions outlined in Section 230(1) of the VETE Act. The parent or guardian, as a party to the training contract, may lodge a complaint to the ombudsman about any "referable matters" as detailed in Section 134(1) of the VETE Act, provided the complaint is not before the industrial commission. Chapter 5, Part 1 of the VETE Act contains more detail on the role and functions of the ombudsman.
1.8 As a party to the training contract, the parent or guardian must receive copies of all correspondence sent to other parties to the contract. Training Queensland officers should refer to the DELTA manual or contact the DELTA Help Desk for assistance with any DELTA issues.
1.9 As a party to a training contract, a parent or guardian can be provided with any information contained in that particular training contract. Training Queensland officers must ensure that only the person identified in the DELTA record of the registered training contract is provided with information relating to the contract.
1.10 Some situations may arise where the apprentice or trainee, who is also a minor, has a current training contract identifying a parent as a party to the contract, and moves away from the care and control of the parent.
For various reasons, the apprentice or trainee may not wish the parent to be aware of his/her new address and contact details.
In these cases the apprentice or trainee must request in writing that the parent or guardian be removed from the training contract. The parent or guardian must be advised of this action.
DELTA records must be updated to reflect any change or the removal of guardian details.
1.11 The parent or guardian automatically ceases to be a legal party to the training contract once the apprentice or trainee attains 18 years of age.
1.12 The parties to the training contract, including the parent or guardian, have the legal obligation to provide accurate and truthful information (Section 55(1) of the VETE Act).
1.13 Legal and Administrative Law Branch has advised that an employer, who is also the parent or legal guardian of the apprentice or trainee, may sign the training contract as both the employer and the parent or guardian.
1.14; The practice of both parents becoming signatories to the training contract as parents, should be discouraged. Legal and Administrative Law Branch advise that there is no legal impediment to this arrangement, but the practical implications should preclude this arrangement occurring where possible. The possibility of a dispute arising between parents could cause some procedural complications in terms of cancellations, failure to make reasonable progress, disciplinary processes, etc.
1.15 If a person is required by law to have a legal guardian because of "diminished capacity", there is no requirement under the VETE Act for the guardian to become a party to the training contract. However, the prospective apprentice's or trainee's capacity to successfully undertake the apprenticeship or traineeship should be a major consideration. The supervising registered training organisation would play an important role in assessing the apprentice's or trainee's capacity.
1.16 Legal and Administrative Law Branch has advised that a step-parent could only sign the training contract if that person is recognised by the Family Court as a guardian.
1.17 As a party to the training contract, the parent or guardian must ensure that the apprentice or trainee upholds all of the responsibilities attached to the training contract, whilst the apprentice or trainee is under 18 years of age.
1.18 The issue of a parent or legal guardian residing outside Australia has been raised. In Schedule 3 of the VETE Act, the definition of a "parent" includes guardian and each person who is liable to maintain, or has the care and control of, a minor. Legal and Administrative Law Branch has advised that a guardian cannot be located in another country as it is hard to imagine a parent or guardian exercising care and control of a minor if residing outside Australia.
Authorisation
This document accurately reflects the department's operational procedure for parent/guardian requirements in regard to apprenticeships and traineeships.
Original signed by Director, Training Services on 29/1/2001.
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Director
Training Services