Appeals process
This information is also contained on the Appeals to Magistrates Court guide [PDF 68kb].
Under section 224 of the Vocational Education, Training and Employment Act 2000, a person aggrieved by a decision of the Training and Employment Recognition Council or by the Training and Employment Board in relation to the matters shown below may appeal to a Magistrates Court .
The process of appeal to a Magistrates Court is described in the Vocational Education, Training and Employment Act 2000 (the Act). An extract from the Act, Chapter 8, Part 1 Training Recognition Decisions and Employment Exemption Decisions, follows:
Important Note: The granting of a stay of the operation of the disputed decision is not automatic upon lodgement of an appeal. The appellant is required to make application to the court if seeking a stay of the operation of the Council's decision.
Appeal to Magistrates Court
s.224 A person aggrieved by any of the following decisions may appeal to a Magistrates Court :
(a) a decision about the registration of a training organisation
(b) a decision about the accreditation of a course
(c) a decision about the recognition of an industry training advisory body
(d) a decision about the recognition of a group training organisation
Starting appeals
s.225 (1) The appeal is started by:
(a) filing a written notice of appeal with the court; and
(b) serving a copy of the notice on the chairperson of the council or board.
(2) The notice of appeal must be filed within 21 days after the day the aggrieved person is given an information notice for the decision being appealed.
(3) The court may, at any time, extend the period for filing the notice of the appeal.
(4) The notice of appeal must state fully the grounds of the appeal.
Stay of operation of decisions
s.226 (1) The court may grant a stay of the operation of the decision being appealed to secure the effectiveness of the appeal.
(2) The stay:
(a) may be given on conditions the court considers appropriate
(b) operates for the period fixed by the court
(c) may be revoked or amended by the court
(3) The period of the stay must not extend past the time when the court decides the appeal.
(4) The appeal affects the decision, or carrying out of the decision, only if the decision is stayed.
Hearing procedures
s.227 (1) In deciding the appeal, the court has the same powers as the council or board in making the decision being appealed.
(2) The appeal is by way of rehearing.
Powers of court on appeal
s.228 (1) In deciding the appeal, the court may:
(a) dismiss the appeal
(b) allow the appeal, set aside the decision being appealed and substitute another decision
(c) allow the appeal and amend the decision
(d) allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the council or the board to act according to law.
(2) If the court amends the decision or substitutes another decision for it, the amended or substituted decision is, for this Act (other than this part) taken to be the council's or board's decision.
Appeal to District Court on question of law
s.229 A party to an appeal to a Magistrates Court may appeal against the Magistrates Court's decision to the District Court on a question of law only.
If you require more information on the appeals process, contact registration services on 1300 369 935.Contact Apprenticeships info 1800 210 210 or Training Queensland 1300 369 935
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