Further Education and Training (Training Ombudsman) and Another Act Amendment Bill 2015

Introduced: 1/12/2015By: Hon Y D'Ath MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill creates an independent Training Ombudsman for Queensland to handle complaints about vocational education and training, apprenticeships, and traineeships. The Ombudsman is an independent statutory position appointed by the Governor in Council and backed by a public service office, with powers to investigate, refer, and report on complaints.

Who it affects

Apprentices, trainees, VET students, employers and training providers in Queensland gain a dedicated independent complaints body. The Department of Education and Training must also respond to the Ombudsman's referrals and recommendations.

Key changes

  • Creates the Training Ombudsman as an independent statutory office, appointed by the Governor in Council for up to 4 years
  • Lets apprentices, trainees, students and others complain about training quality, training contracts, and departmental decisions
  • Gives the Ombudsman power to require information from a person (not government) to assess complaints, with a maximum 100 penalty unit fine for refusing without reasonable excuse
  • Requires the Ombudsman to report annually to the Minister, who must table the report in Parliament within 14 days
  • Disqualifies MPs, local councillors, people convicted of indictable offences, insolvents and those banned from managing corporations from the role

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced1 Dec 2015View Hansard
First Reading1 Dec 2015View Hansard
Committee1 Dec 2015View Hansard

Referred to Legal Affairs and Community Safety Committee

Committee Findings
Recommended passage

The Education, Tourism and Small Business Committee examined the bill, which establishes a Training Ombudsman to handle complaints about vocational education and training in Queensland. The committee recommended the bill be passed with two amendments: adding a public education function for the Training Ombudsman and correcting a numbering error. The Government accepted all three recommendations.

Key findings (5)
  • The bill creates a Training Ombudsman to provide an independent complaints mechanism for VET students, apprentices, and trainees
  • The Queensland Teachers Union raised concerns about the potential threat to the Ombudsman's impartiality from the Minister's power to direct reviews and research
  • The committee found the Ombudsman's role should explicitly include promotion and education about the Training Ombudsman's functions
  • A numbering error in proposed section 112D was identified and recommended for correction
  • The Government accepted all committee recommendations and agreed to move amendments during consideration in detail
Recommendations (3)
  • The committee recommends that the Further Education and Training (Training Ombudsman) and Another Act Amendment Bill 2015 be passed.
  • The committee recommends that proposed section 112D be amended to include a function for the Training Ombudsman of promotion and education about the Training Ombudsman's role.
  • The committee recommends that the bill be amended to correct a numbering error in proposed section 112D.
AI-generated summary — may contain errors
Committee Report12 Feb 2016

Committee report tabled

Second Reading24 Feb 2016View Hansard

That the bill be now read a second time

Vote on whether to advance the bill establishing an independent Training Ombudsman for Queensland's VET sector. LNP opposed it as duplicating federal functions and wasting $5 million; ALP and KAP voted in favour.

Passed44 ayes – 41 noes2016-02-25

The motion passed.

Show individual votes

Ayes (44)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Katter(Katter's Australian Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Knuth(Katter's Australian Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Pyne(Independent)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)

Noes (41)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
McVeigh(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
21 members spoke15 support6 oppose
12.36 pmMrs GILBERTSupports

Supported the bill, sharing examples of dodgy training providers offering substandard courses including one using cardboard welding irons, and argued the Training Ombudsman is needed to protect the quality and reputation of the VET sector.

Students need to have an avenue where they can take complaints if their VET RTO is not delivering.2016-02-25View Hansard
4.15 pmHon. YM D'ATHSupports

As the responsible minister, introduced and championed the bill as delivering on the government's election commitment to establish an independent Training Ombudsman to handle VET complaints and improve training quality in Queensland.

We have all witnessed the recent proliferation of complaints about the practices of certain providers in the VET marketplace. I do not doubt that just about every member could share their own concerns about the marketing and quality of training being provided.2016-02-24View Hansard
12.45 pmMr CRAMPOpposes

Opposed the bill as creating another level of bureaucracy that would be better placed at the federal level, criticising the $5 million allocation as lacking transparency and suggesting the money should be spent on actual training instead.

Through this legislation Labor has, in essence, written a very large cheque for another level of bureaucracy that would be best placed in the federal arena.2016-02-25View Hansard
4.32 pmMr MANDEROpposes

Opposed the bill as unnecessary duplication of existing complaints bodies such as ASQA, the Office of Fair Trading and the Queensland Ombudsman, arguing it is a waste of $5 million of taxpayers' money on a 'Clayton's ombudsman' with no power to make binding decisions.

This is a Clayton's ombudsman—the ombudsman you have when you are not having an ombudsman.2016-02-24View Hansard
12.48 pmHon. MC de BRENNISupports

Supported the bill as Housing Minister, highlighting the decimation of QBuild's apprenticeship program under the former LNP government and arguing the Training Ombudsman will help restore confidence in VET.

This bill demonstrates that the Palaszczuk government is committed to restoring that confidence, supporting apprenticeship programs across the state and ensuring young people get opportunities that were not there under the former LNP government.2016-02-25View Hansard
4.39 pmMr STEWARTSupports

As committee chair, supported the bill noting it was unanimously recommended by the committee. Emphasised the Training Ombudsman would provide a single point of contact to help complainants navigate the complex VET complaints landscape instead of being bounced between agencies.

Quite often it is not just an ASQA issue, or it is not just a Commonwealth government issue or an Office of Fair Trading issue; it covers everything. So that is part of the benefit of the Training Ombudsman.2016-02-24View Hansard
3.02 pmMr MADDENSupports

Supported the bill as restoring a position axed under the Newman government, detailing the scope of the Training Ombudsman's complaint-handling and dispute resolution functions.

The Training Ombudsman will ensure Queensland VET apprentices, students, trainees and employers have a clear pathway for complaints and that systematic problems can be readily identified.2016-02-25View Hansard
4.52 pmMs PEASESupports

As a former committee member, supported the bill as delivering on the government's commitment to strengthen the VET sector. Highlighted that consumers currently lack a sector-specific independent complaints mechanism and the ombudsman would provide wraparound support.

The VET sector does a great job and the sector wants and needs someone to advocate for them.2016-02-24View Hansard
3.09 pmMr MILLAROpposes

Opposed the bill, arguing the $5 million would be better spent on actual training and agricultural colleges, and criticised Labor's neglect of the Longreach Pastoral College and Emerald Agricultural College.

We do not need more bureaucracy, we do not need more red tape and we do not need a lavish office in Brisbane; we need money for training, money for incentives for local businesses to take on young apprentices while we weather the downturn.2016-02-25View Hansard
4.59 pmMr SAUNDERSSupports

Supported the bill, citing examples of constituents being hoodwinked by dodgy RTOs who signed them up for courses with promises of free items only to leave them with large bills and worthless qualifications.

It is heartbreaking to see people come into your office who have signed up for courses and have been hoodwinked into getting free things such as overseas trips and then they find out they are left with a huge bill and the training course is absolutely nothing.2016-02-24View Hansard
3.16 pmMr BUTCHERSupports

Supported the bill, citing an incident in Gladstone where 290 tradesmen had licences revoked after a training assessor failed to comply with conditions, demonstrating the need for an independent complaints mechanism.

These hardworking tradesmen who in good faith had been trained felt that they had been conned and were faced with no avenue to have their issues heard.2016-02-25View Hansard
5.07 pmMr BOOTHMANOpposes

Opposed the bill as a $5 million blank cheque that duplicates existing complaint services. Argued it would be more prudent to establish an Australian ombudsman for VET given responsibility for regulation had been transferred to the federal government.

In 2009, Labor's own Weller review into reducing bureaucracy and unnecessary red tape recommended that the Training Ombudsman be abolished.2016-02-24View Hansard
3.24 pmHon. SM FENTIMANSupports

Supported the bill as delivering on Labor's election commitment to rescue TAFE, highlighting the Loganlea TAFE and the importance of protecting young apprentices and trainees as vulnerable workers.

By re-establishing the Training Ombudsman, the Palaszczuk government is standing up for the rights of those young workers and is ensuring that they get a quality education and on-the-job training.2016-02-25View Hansard
5.12 pmMs HOWARDSupports

Supported the bill as vital for providing an independent complaints mechanism for VET consumers, particularly students from non-English-speaking backgrounds and refugees who struggle to navigate the complex system.

A sector-specific and independent mechanism to deal with the wide range of issues that may arise in the VET sector is vital to ensuring transparency, responsiveness and regard for all interested parties.2016-02-24View Hansard
3.29 pmMr PEGGSupports

Supported the bill, noting all committee members had originally supported its passage and criticising the LNP non-government committee members for reversing their position in the House.

The VET sector does a fantastic job. It is vitally important to have an independent Training Ombudsman to protect everyone in the sector.2016-02-25View Hansard
5.19 pmMs FARMERSupports

Supported the bill as part of the government's commitment to rescue TAFE after the LNP's cuts to funding, staff and courses. Cited examples of dodgy RTOs collapsing and leaving students with nothing.

Of all the savage cuts made by the LNP government, under Campbell Newman, its attack on our VET system was probably the most widespread. It jeopardised the very future of our training sector.2016-02-24View Hansard
3.37 pmMr KRAUSEOpposes

Opposed the bill as duplicating functions already carried out by federal agencies, arguing the $5 million would be better spent on training subsidies and noting Queensland TAFE fees are higher than New South Wales due to lower subsidies.

This bill is winding back the clock to the days where Queensland and the Commonwealth duplicated functions.2016-02-25View Hansard
3.43 pmMr RUSSOSupports

Supported the bill as increasing transparency and accountability in VET, restoring an independent watchdog and giving students a real voice in the training system.

This bill will increase transparency and accountability. It gives students a real voice.2016-02-25View Hansard
3.52 pmDr McVEIGHOpposes

Opposed the bill as a costly return to red tape and regulation, noting that Labor's own 2009 Weller review had recommended abolishing the Training Ombudsman as unnecessary, and that the role duplicates existing agencies.

Is this not simply a costly return to red tape, regulation and bureaucracy that was gradually removed in line with reviews and reforms by both sides of politics at both a state and federal level?2016-02-25View Hansard
3.58 pmHon. CR DICKSupports

Supported the bill as part of Labor's commitment to strengthening education and training, highlighting the Skilling Queenslanders for Work program's impact in his electorate of Woodridge.

Happy learners go on to become happy workers, and happy workers lead to strong employment rates, thriving communities and healthy economies.2016-02-25View Hansard
4.09 pmHon. YM D'ATHSupports

As minister, defended the bill in reply, noting ASQA had endorsed the Queensland Training Ombudsman and criticising LNP committee members who had unanimously supported the bill in committee but then spoke against it in the House.

There is not a stakeholder out there who does not think this is a worthy initiative of this government that will support and lift up the recognition of vocational education and training in Queensland.2016-02-25View Hansard
In Detail24 Feb 2016 – 25 Feb 2016View Hansard
Government amendmentPassed

Amendments 1 and 2 to clause 5 clarifying that the Training Ombudsman's promotional function includes promoting the role of the ombudsman itself, and correcting a subsection numbering error, as recommended by the committee.

Moved by Mrs D'ATH
Third Reading25 Feb 2016View Hansard
Royal Assent4 Mar 2016

Sectors Affected

Classified using AGIFT/ANZSIC Australian government standards