Fact sheet 158: Review, complaint or appeal against a decision relating to an apprentice or trainee
Version 12
16 October 2007
[PDF 68kb]
The Training and Employment Recognition Council (the Council) has delegated many of its decision-making responsibilities to officers of the Queensland Department of Education, Training and the Arts. These delegations allow nominated departmental officers to make a decision relating to the regulation and administration of the apprenticeship and traineeship system in Queensland.
If you disagree with a decision of the Council, you may exercise the following options:
- request a review by the local Queensland Department of Education, Training and the Arts office
- lodge a complaint with the Training Ombudsman
- appeal to the Queensland Industrial Relations Commission.
If you decide to request a review or lodge a complaint with the Training Ombudsman, it is important to note that you have only 21 days from the date you receive the original information notice to lodge an appeal to the Industrial Commission if you wish to pursue that action.
Review by the Queensland Department of Education, Training and the Arts
Complaint to the Training Ombudsman
Appeal to the Industrial Commission
Review by the Queensland Department of Education, Training and the Arts
When your local Queensland Department of Education, Training and the Arts office makes a decision in relation to an apprenticeship or traineeship training contract, the parties to the training contract are given an information notice stating the decision, and the reasons for making that decision.
If you believe there was information that was not known, or not fully considered, when that decision was made, you may apply in writing within 14 days of the date of the information notice, asking for the decision to be reviewed. In your application you should state why you believe the decision should be reconsidered, and include any relevant information that may not have been considered in the initial decision.
In reviewing the decision, the delegated officer may ask the affected person to provide, within a reasonable time, any additional documents or information considered necessary to the review.
For further information regarding the decision, you may contact the department's Apprenticeships Info on 1800 210 210.
Complaint to the Training Ombudsman
The Training Ombudsman receives written submissions about certain decisions or general complaints. An employer, apprentice or trainee, parent or guardian, and other persons with sufficient interest, may make a complaint.
One role of the Training Ombudsman is to ensure the effectiveness of the training administration system by receiving and reviewing complaints. The Training Ombudsman, after investigating a complaint, may make a recommendation to the Training and Employment Recognition Council to reconsider a decision. However, the Training Ombudsman does not have the authority to overturn a decision.
Under legislation, the Training Ombudsman is only able to review decisions relating to the following matters:
- training being delivered to the apprentice or trainee under a training contract
- adequacy of the facilities, range of work and supervision provided by the employer under the contract
- circumstances in which the contract was signed, or subsequently amended or cancelled
- failure of the employer to register the contract within one month of the probation period ending
- failure of the apprentice or trainee to make progress under their training plan
- the Council's exercise of a power, or performance of a function, under Chapter 3 of the Vocational Education, Training and Employment Act 2000.
The Training Ombudsman may refuse to deal with a complaint where the complaint is considered to be frivolous, lacks substance, or is unnecessary or unjustifiable. The Training Ombudsman may also refuse to hear a complaint if it is considered the person making the complaint does not have a sufficient interest. A person has three months from the notice of the decision to make a complaint.
In reviewing the complaint, the Training Ombudsman may:
- require the Council to provide additional documentation and information
- recommend further investigation
- recommend the Council make a particular decision
- report the findings of the complaint to the Council and, if relevant, the Minister.
It is important to note that the Training Ombudsman cannot review a complaint about a matter that is already being considered or has been decided by the Queensland Industrial Relations Commission.
Written submissions must be lodged with:
Training Ombudsman's Office
Locked Mail Bag 527
GPO Brisbane Qld 4001
Telephone: (07) 3404 3497 or 1300 306 699
Email address: ombudsman@trainingombudsman.qld.gov.au
Appeal to the Queensland Industrial Relations Commission
A person aggrieved by certain decisions of the Council may appeal to the Queensland Industrial Relations Commission (the Commission). A parent of an apprentice or trainee cannot be a person aggrieved for any of the decisions below. The application to appeal must comply with the requirements of the Industrial Relations Act 1999 and be filed with the Commission within 21 days of the aggrieved person being given an information notice (in respect of the decision being appealed) by the Queensland Department of Education, Training and the Arts.
The Commission may only hear an appeal on decisions relating to:
- the cancellation of a training contract for serious misconduct
- the cancellation of a training contract for a reason other than serious misconduct
- the cancellation of the registration of a training contract
- the cancellation of a completion certificate
- the cancellation of, or refusal to cancel, a qualification or statement of attainment by a registered training organisation
- a refusal to register a training contract
- an amendment or assignment of a registered training contract
- an order for discipline
- the extension of the nominal term of a registered training contract
- the declaration, variation of or refusal to vary a declaration, of a prohibited employer
- the stand down, or refusal to approve the stand down, of an apprentice or trainee.
The Commission has the authority to dismiss the appeal, amend the decision, or make an entirely new decision. The decision of the Commission is final and conclusive.
For more information, please telephone: (07) 3227 8060
Appeals must be lodged with:
Queensland Industrial Relations Commission
GPO Box 373
Brisbane Qld 4001
Contact Apprenticeships info 1800 210 210 or Training Queensland 1300 369 935
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