Education (Work Experience) Act 1996

An Act regulating work experience provided to students as part of their education

1Short title

This Act may be cited as the Education (Work Experience) Act 1996.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Definitions and dictionary

(1)The dictionary in the schedule defines particular words used in this Act.

(2)Definitions found elsewhere in the Act are signposted in the dictionary.

(3)Division 2 defines key terms used in this Act.

4Work experience arrangements etc.

(1)A work experience arrangement is an arrangement made between a student’s educational establishment and a person (the work experience provider) under which the person will provide experience (work experience) to the student as part of the student’s education.

(2)However, an arrangement made by a registered higher education provider is not a work experience arrangement if—

(a)it is for the provision of experience to a student enrolled in a course provided by the registered higher education provider; and

(b)the experience is a mandatory or assessable part of the course.

(3)In this section—

registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5.

s 4 amd 1996 No. 65 s 52 sch 2; 2014 No. 25 s 223 sch 1pt 2

5Educational establishment

(1)A student’s educational establishment is—

(a)if the student is enrolled in a State school—the school; or

(b)if the student is enrolled in a non-State school—the school; or

(c)if the student is registered for home education—the home education place; or

(e)if the student is enrolled in the Queensland Agricultural Training Colleges under the Queensland Agricultural Training Colleges Act 2005—the college; or

(f)if the student is enrolled in a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 (Cwlth)—the organisation; or

(g)if the student is enrolled in a university—the university; or

(h)if the student is enrolled with an entity prescribed under a regulation to be an educational establishment—the entity.

(2)However, an educational establishment does not include an institution, school, place, entity, college, establishment or university mentioned in subsection (1) if it is prescribed under a regulation not to be an educational establishment.

s 5 amd 2000 No. 23 s 293 sch 2; 2003 No. 63 s 60 sch; 2005 No. 20 s 60 sch 1, 2006 No. 39 s 512(1) sch 1; 2007 No. 53 s 30 sch; 2012 No. 11 s 43 sch pt 2; 2013 No. 27 s 70 sch 1pt 2; 2014 No. 4 s 44 sch 1; 2014 No. 25 s 223 sch 1pt 2; 2014 No. 62 s 140 sch 1

6Work experience may be arranged

(1)An educational establishment may make work experience arrangements for its students.

(2)A work experience arrangement must be in writing.

7Principal to approve arrangement

(1)A work experience arrangement may be made for a student only with the approval of the principal of the student’s educational establishment.

(2)The principal may approve the arrangement only if, in the principal’s opinion, the work experience provider is suitable to provide work experience.

(3)The principal may delegate the principal’s power under subsection (2) to an officer or employee of the educational establishment.

8Requirement for workers’ compensation

(1)A student must not start a work experience placement until the responsible body has entered into a suitable contract of insurance with WorkCover Queensland under the Workers’ Compensation and Rehabilitation Act 2003.

(2)In subsection (1)—

responsible body means—

(a)if the student’s educational establishment is a State school or a home education place—the chief executive (education); or

(b)in any other case—the student’s educational establishment.

s 8 amd 1996 No. 75 s 535 sch 2; 2003 No. 27 s 622 sch 5; 2006 No. 39 s 512(1) sch 1

9Protection from liability

(1)A student must not start a work experience placement until the insuring body has entered into a contract of insurance indemnifying the student and the work experience provider against liability for personal injury or property damage, suffered by the student, the work experience provider or another person, arising out of the work experience.

(2)The maximum amount payable under the contract of insurance for a claim for injury or damage arising out of work experience is $10,000,000 plus an amount directly attributable to any GST payable in relation to a supply made because of the settlement of the claim.

(3)In this section—

insuring body means—

(a)if the student’s educational establishment is a State school, a home education place or a non-State school—the chief executive (education); or

(b)in any other case—the student’s educational establishment.

s 9 amd 2000 No. 20 s 29 sch 3; 2001 No. 60 s 219 sch 2; 2006 No. 39 s 512(1) sch 1

10Certain laws not to apply to work experience placements

(1)A student on work experience is taken not to be the employee of the work experience provider and the provider is taken not to be the employer of the student.

(2)In particular, a law prohibiting employment or regulating working conditions does not apply to work experience.

(3)However, the following laws apply to work experience as if the student were an employee or worker and the work experience provider were an employer—

(a)the Work Health and Safety Act 2011;

(b)the Child Employment Act 2006, section 8A;

(c)a law that prohibits the employment, or regulates the working conditions, of persons who do not have particular qualifications.

s 10 amd 2007 No. 23 s 53; 2011 No. 18 s 404 sch 4pt 2div 1

11Work experience in restricted callings

(1)The Further Education and Training Act 2014, section 64, does not apply to work experience in restricted callings.

(2)In this section—

restricted calling means a calling declared to be a restricted calling under the Further Education and Training Act 2014, section 64(1).

s 11 sub 2000 No. 23 s 293 sch 2

amd 2003 No. 63 s 60 sch; 2014 No. 25 s 223 sch 1pt 2

12Conditions of work experience

(1)The following conditions apply to work experience—

(a)the work experience arrangement must be made before the student starts a work experience placement;

(b)if the student is a minor—a parent of the student must give written consent to the arrangement;

(c)the work experience placement must finish in the year it starts;

(d)the student must not receive work experience for more than 30 days in a year;

(e)the work experience provider must not provide work experience to more than the permitted number of students at the same time;

(f)the work experience provider must not provide work experience to the student at a time other than during the ordinary working hours of the place where the work experience is provided;

(g)the student must not be paid for work experience.

(2)Subsection (1)(b) does not apply to a student who is not in an adult’s care and control.

(3)Despite subsection (1)(d), a principal may approve, for a student who is a person with a disability, work experience for more than 30 days in a year.

(4)For subsection (1)(e), the permitted number of students is—

(a)the number equal to the number of full-time employees of the work experience provider; or

(b)if special circumstances exist—the number approved by the chief executive.

13Regulation-making power

The Governor in Council may make regulations under this Act.

pt 4 hdg amd 1 February 1997 RA s 7(1)(k)

14References to repealed Act

In an Act or document, a reference to the Education (Student Work Experience) Act 1978 may, if the context permits, be taken to be a reference to this Act.

section 3

chief executive (education) means the chief executive of the department in which the Education (General Provisions) Act 2006 is administered.

sch def chief executive (education) ins 2006 No. 39 s 512(1) sch 1

educational establishment see section 5.

enrolled in an educational establishment, for a student, includes being registered for home education under the Education (General Provisions) Act 2006.

sch def enrolled in an educational establishment ins 2006 No. 39 s 512(1) sch 1

home education see the Education (General Provisions) Act 2006, section 205.

sch def home education amd 2004 No. 53 s 2 sch

sub 2006 No. 39 s 512(1) sch 1

home education place means the usual place home education is provided.

sch def home education place sub 2006 No. 39 s 512(1) sch 1

international educational institution ...

sch def international educational institution sub 2004 No. 53 s 2 sch; 2006 No. 39 s 512(1) sch 1

om 2014 No. 62 s 140 sch 1

law includes a decision within the meaning of the Industrial Relations Act 2016.

sch def law amd 1999 No. 33 s 747 sch 3; 2016 No. 63 s 1157 sch 6

ministerial corporation ...

sch def ministerial corporation om 2006 No. 39 s 512(1) sch 1

non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

sch def non-State school sub 2001 No. 60 s 218 sch 1; 2017 No. 24 s 235

other non-school based education ...

sch def other non-school based education amd 2004 No. 53 s 2 sch

om 2006 No. 39 s 512(1) sch 1

parent includes a guardian and every person who is liable to maintain or has the actual custody of a child.

person with a disability means a person who has a disability within the meaning of the Disability Services Act 2006, section 11.

sch def person with a disability sub 2006 No. 12 s 241 sch 1

amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 ss 73–74)

principal, of an educational establishment, means the person in charge of the establishment.

State educational institution ...

sch def State educational institution sub 2004 No. 53 s 2 sch

om 2006 No. 39 s 512(1) sch 1

State school see the Education (General Provisions) Act 2006, schedule 4.

sch def State school sub 2004 No. 53 s 2 sch; 2006 No. 39 s 512(1) sch 1

student means an individual who is at least 14 years old, and is enrolled in an educational establishment.

work experience see section 4.

work experience arrangement see section 4.

work experience placement means a period for which work experience is provided.

work experience provider see section 4.