Legal Services Level IV
Apprenticeship and traineeship details
Please refer to the Declaration Policy for the requirements relating to apprenticeships and traineeships.
Please refer to the Norfolk Island Policy for apprenticeships and traineeships on Norfolk Island.
Type:
Traineeship
Job summary:
This qualification reflects the role of individuals who use well-developed skills and a broad knowledge base to provide support in a range of legal services environments. These individuals apply solutions to a range of unpredictable problems and analyse and evaluate information from a variety of sources. The job roles that relate to this qualification may include Legal Secretary.
Australian Standard Classification of Occupations:
ADVANCED LEGAL AND RELATED CLERKS
Sub-industry:
LAW CLERK
- Full-time
- Part-time
- Casual NOT PERMITTED in Queensland
- School-based
The lodgment of a second training contract where one of the training contracts is full-time will be reviewed by the Department to determine if each of the parties to each training contract can meet their obligations. There must be a clear separation between the training and employment requirements for each training contract and must not be replicated through the one occupation only.
Minimum of 15 hours per week over each 4 week period throughout duration of apprenticeship/traineeship.
7.5 hours per week of paid employment. This may be averaged over a 3 month period.
Over the period of a year, the employer must provide at a minimum the equivalent of 375 hours (50 days) of paid employment.
For a school-based trainee to be eligible to complete in this traineeship they must have met the minimum paid employment requirement as outlined below:
- 24 month full time nominal completion duration - 100 days minimum (750 hours)
Note: Each school-based traineeship has minimum paid employment requirements that are unique to the traineeship. Please refer to each traineeship in QTIS for further information.
Apprentices/trainees with a disability are entitled to work less than 15 hours per week when averaged over a 4 week cycle. They must be a holder of a disability pension and Pension concession card to be approved.
Other requirements for school-based:
School-based requirements
Students not enrolled in years 10, 11 or 12 may be eligible to enter a SAT provided there are exceptional circumstances warranting consideration and all other entry requirements are met, including being of an age where it is legal to undertake paid employment.
Before a student not in years 10, 11 or 12 commences a SAT, a business case supporting the arrangements must be provided to and approved by the Department of Trade, Employment and Training (DTET).
Delivery of training to school-based trainees
Limits have been imposed on the amount of institutional training which may be delivered to school-based apprentices, based on the nominal term of a full time training contract. This restriction does not apply to school-based traineeships.
Traineeship Probation/Duration Details:
All apprenticeships have a nominal term - this is the timeframe that is on the Traineeship training contract.
| Mode | Start Date | End Date | Probation Period (days) | Nominal Term (months) |
|---|---|---|---|---|
| Full-time | 03/05/2021 | 60 | 24 |
Minimum education standard:
Nil
Minimum entry age:
The Child Employment Act states that the minimum age for apprentices and trainees is 13 years of age, unless otherwise stated.
Entry Requirements:
Students not enrolled in years 10, 11 or 12 may be eligible to enter a SAT.
As a general rule, only Australian citizens and New Zealand citizens who have entered Australia on a valid passport have unrestricted rights to employment in Australia.
Visa holders may engage in apprenticeships or traineeships provided their work rights allows this, based on information and advice provided by the Australian Government.
Supervision requirements
Please refer to the Declaration policy, table 15 for the requirements on supervision.
Modified supervision arrangements available: NO
Employers are required to provide, or arrange to provide the facilities, range of work, supervision and training as detailed in the training plan.
Qualified person for traineeships
1. A person who has satisfactorily completed a traineeship in the trainee's calling, and is the holder of a completion certificate issued under an Act, or
2. A person who holds a certificate of recognition issued under an Act, certifying the person has the necessary skills and knowledge in the calling, or
3. A tradesperson in the trainee's calling, as defined under a specific industrial instrument, or
4. A person who holds a relevant qualification in the traineeship calling, or
5. A person individually, or persons collectively, who has/have documented competence (achieved through an RPL or training pathway) or demonstrated competence in all the competencies the employer is required to provide training for under the trainee's training plan (note - cannot be a person or persons currently undertaking the same traineeship), or
6. A person undertaking a traineeship, at a higher level than the trainee's, whose traineeship incorporates supervisory or coordinating skills and who has documented competence (achieved through an RPL or training pathway) in at least one of the competencies the employer is required to provide to the trainee under the training plan and who is supervised by a person who qualifies under (1), and/or (4) and/or (5).
And, where a worker is required to have a licence to practice the calling/occupation, the qualified person holds a current workers licence.
Adequate supervision of apprentices and trainees cannot solely be provided from an offsite location by electronic means. Electronic means include, but are not limited to, telephones, radios and webcams.
The level of supervision will normally range between direct, general and broad as per the below guidelines:
- Direct - Close monitoring of work ensuring understanding and identifying potential risks and/or hazards
- General - Occasional monitoring to ensure progress is occurring
- Broad - Quality checking of completed tasks.
Licensing requirements - NIL
Status:
Current
Qld declaration date:
12/04/2021
Implementation date:
03/05/2021
Qualification details
Name:
Certificate IV in Legal Services
Qualification code:
BSB40620
Qualification content:
Click here for more details
Training package:
BSB - Business Services Training Package - BSB
Status:
Current
Queensland Apprenticeship and Traineeship funding details
The Queensland Government funds Skills Assure Suppliers (RTOs) for the provision of services to eligible apprentices and trainees.
For more information, please visit the department's Apprenticeships and Traineeships website.
Funded Apprenticeship or Traineeship:
No
Industrial relations details
Since 1 January 2010, all private sector employers and employees in Queensland, including apprentices and trainees,
have their wages and conditions of employment covered by the Fair Work Act 2009 and modern awards. This legislation
is administered by the Commonwealth Government Fair Work Ombudsman's office.
https://www.fairwork.gov.au/pay/minimum-wages/apprentice-and-trainee-pay-rates.
Apprentices and trainees are considered employees and may receive entitlements the same as other employees such as:
annual leave, sick leave, public holidays, superannuation, workers compensation and allowances. Apprentices and trainees
must also receive a pay slip to cover full details of the pay for each pay period. Pay slips have to be given to an
employee (including apprentices and trainees) within 1 working day of pay day and be either in electronic form or paper hard copy.
Parties should make enquiries with the Fair Work Ombudsman on Ph: 13 13 94 or at
http://www.fairwork.gov.au
to determine the correct industrial instrument and entitlements.
When employment is ceasing the employer or the employee (apprentice/trainee) must provide the appropriate notice periods
as per the relevant award or registered workplace agreement. A notice period is the length of time that an employer or
employee (apprentice/trainee) has to give to end employment. Additional information about notice periods can be found
at: http://www.fairwork.gov.au/ending-employment/notice-and-final-pay.
Unfair dismissal is when an employee (apprentice/trainee) is dismissed from their job in a harsh, unjust or unreasonable
manner. Additional information about unfair dismissal can be found at:
http://www.fairwork.gov.au/ending-employment/unfair-dismissal.
Public sector and local government workers in Queensland remain under the state industrial relations system. Additional
information about wages and conditions of employment for employees (apprentices/trainees employed by state or local government)
can be found at: https://www.forgov.qld.gov.au/working-in-the-public-service/directives-awards-and-legislation/pay-awards-and-agreements.