{"id":"nsw:act-2001-080","name":"Apprenticeship and Traineeship Act 2001","slug":"apprenticeship-and-traineeship-act-2001","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"80 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175194,"registerId":"nsw-nsw:act-2001-080-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) Words and expressions that are defined in the Dictionary at the end of this Act have the meanings given to them by the Dictionary.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Application of National Vocational Education and Training Regulator Act 2011 (Cth)","content":"#### 3A Application of National Vocational Education and Training Regulator Act 2011 (Cth)\n\n3A Application of [National Vocational Education and Training Regulator Act 2011](http://www.legislation.gov.au/) (Cth)\n\n> > (1) In this section—\n> > \n> > Commonwealth Act means the [National Vocational Education and Training Regulator Act 2011](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > State apprenticeship and traineeship regulation provisions means the provisions of this Act and the regulations—\n> > \n> > > (a) regulating organisations providing training, assessment or instruction in relation to a recognised trade vocation or a recognised traineeship vocation, and\n> > \n> > > (b) providing for the approval by or under this Act of training, assessment or instruction provided by organisations, and\n> > \n> > > (c) providing for the standards to be complied with under this Act by organisations, and\n> > \n> > > (d) providing for the exercise of investigative powers, sanctions and enforcement by or under this Act in relation to such matters.\n> \n> > (2) The State apprenticeship and traineeship regulation provisions are declared to be an excluded matter for the purposes of section 10 of the Commonwealth Act in relation to section 9 (Immunity from State and Territory laws) of the Commonwealth Act to the extent that section 9 would prevent the application of the State apprenticeship and traineeship regulation provisions to an NVR registered training organisation (within the meaning of the Commonwealth Act) providing training, assessment or instruction in relation to a recognised trade vocation or a recognised traineeship vocation.\n> \n> > (3) Without limiting subsection (2), each provision of this Act (and of any regulations made under this Act) is declared to be a VET legislation displacement provision for the purposes of section 11 of the Commonwealth Act generally.\n> \n> **s 3A:** Ins 2017 No 42, Sch 1 \\[2\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Apprenticeships and traineeships","content":"# Part 2 Apprenticeships and traineeships\n\nPart 2 Apprenticeships and traineeships","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Vocational training guidelines","content":"#### 4 Vocational training guidelines\n\n4 Vocational training guidelines\n\n> > (1) The Commissioner may from time to time issue guidelines (vocational training guidelines) in relation to the exercise of functions under this Act by persons involved in the administration of this Act.\n> \n> > (2) It is the duty of any person involved in the administration of this Act to comply with the requirements of the vocational training guidelines.\n> \n> > (3) Copies of each vocational training guideline must be made available for public inspection on the Internet and, during ordinary office hours, at the offices of the Department.\n> \n> **s 4:** Am 2017 No 22, Sch 4.1 \\[1\\]; 2017 No 42, Sch 1 \\[3\\].","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Recognised trade and traineeship vocations","content":"#### 5 Recognised trade and traineeship vocations\n\n5 Recognised trade and traineeship vocations\n\n> > (1) The Commissioner, by order published in the Gazette—\n> > \n> > > (a) may designate any vocation to be a recognised trade vocation in connection with the establishment of apprenticeships under this Act, and\n> > \n> > > (b) may designate any vocation (including any vocation that forms part of a recognised trade vocation) to be a recognised traineeship vocation in connection with the establishment of traineeships under this Act.\n> \n> > (2) In making such an order, the Commissioner must comply with the relevant vocational training guidelines.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Vocational training orders","content":"#### 6 Vocational training orders\n\n6 Vocational training orders\n\n> > (1) The Commissioner may from time to time make orders (vocational training orders) specifying the following matters in relation to the training that an apprentice or trainee who is employed in a recognised trade vocation or recognised traineeship vocation is required to undertake in connection with that vocation—\n> > \n> > > (a) the appropriate term or terms for apprenticeships or traineeships in that vocation,\n> > \n> > > (b) the appropriate probationary period or periods for apprenticeships or traineeships in that vocation, having regard to the term or terms specified for them under paragraph (a),\n> > \n> > > (c) the qualification or qualifications that may be awarded in relation to an apprenticeship or traineeship in that vocation,\n> > \n> > > (c1) the units of competency forming part of the training for that vocation,\n> > \n> > > (d) any other training to be provided in addition to the training required for an appropriate qualification,\n> > \n> > > (e) such other matters relating to the training of apprentices or trainees in that vocation as the Commissioner considers appropriate.\n> \n> > (2) The appropriate term to be specified in a vocational training order in relation to an apprenticeship or traineeship may vary according to—\n> > \n> > > (a) specified training that has previously been completed by the proposed apprentice or trainee, and\n> > \n> > > (b) specified qualifications that have previously been awarded to the proposed apprentice or trainee, and\n> > \n> > > (c) specified conditions to be complied with by the proposed employer, or by the proposed apprentice or trainee, under an apprenticeship or traineeship.\n> \n> > (3) In making a vocational training order, the Commissioner—\n> > \n> > > (a) must consult with the relevant industry groups, and\n> > \n> > > (b) must comply with the vocational training guidelines.\n> \n> > (4) Notice of the making of a vocational training order must be published in the Gazette.\n> \n> > (5) Such a notice must identify the order, indicate when the order is to take effect, contain brief particulars of the substance of the order and state that a copy of the order may be obtained from the offices of the Department.\n> \n> > (6) Copies of each vocational training order must be made available for public inspection on the Internet and, during ordinary office hours, at the offices of the Department.\n> \n> Editorial note.\n> \n> For orders under this section see the Department of Industry website at https://www.training.nsw.gov.au/promotions/apprenticeships\\_traineeships.html.\n> \n> **s 6:** Am 2017 No 42, Sch 1 \\[4\\]–\\[6\\].","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Establishment of apprenticeships and traineeships","content":"## Division 2 Establishment of apprenticeships and traineeships\n\nDivision 2 Establishment of apprenticeships and traineeships\n\nNote.\n\nCertain information relating to apprenticeships and traineeships established under this Division (including the names of the employer and apprentice or trainee) is required to be recorded in the register of apprenticeships and traineeships (see Division 5). Registration of a person as an employer or apprentice or trainee may render the person eligible for certain payments available under State or Commonwealth incentive schemes. Eligibility for those payments may be affected by changes in circumstances such as a variation of the training contract or training plan approved under this Division in relation to the apprenticeship or traineeship or the transfer, suspension or cancellation of the apprenticeship or traineeship.\n\n**pt 2, div 2, note:** Ins 2017 No 42, Sch 1 \\[8\\].","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Applications to establish apprenticeships and traineeships","content":"#### 7 Applications to establish apprenticeships and traineeships\n\n7 Applications to establish apprenticeships and traineeships\n\n> > (1) An employer who employs, or proposes to employ, a person as an apprentice or trainee may apply to the Commissioner for the establishment of—\n> > \n> > > (a) an apprenticeship in a recognised trade vocation, or\n> > \n> > > (b) a traineeship in a recognised traineeship vocation.\n> \n> > (2) Within 28 days after the date on which an employer employs a person as an apprentice or trainee, the employer must, if he or she has not already done so, apply to the Commissioner for the establishment of the relevant apprenticeship or traineeship.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) The application—\n> > \n> > > (a) must be accompanied by the proposed training contract (as executed by the prospective employer and prospective apprentice or trainee), and\n> > \n> > > (a1) must be accompanied by the training plan proposal (as endorsed by the relevant registered training organisation), and\n> > \n> > > (b) must identify the industrial award or agreement that applies to the apprenticeship or traineeship concerned, and\n> > \n> > > (c) must indicate the date on which the prospective apprentice or trainee began to work, or will begin to work, for the employer as an apprentice or trainee, and\n> > \n> > > (d) (Repealed)\n> > \n> > > (e) in the case of an application by an employer who proposes to place the apprentice or trainee with a host employer from the commencement of the apprenticeship or traineeship, must indicate the name, business address, ACN (if any) and ABN of the host employer with whom the apprentice or trainee is initially to be placed, and\n> > \n> > > (f) in the case of an application for a traineeship, must indicate whether the prospective trainee is an existing worker trainee.\n> \n> > (4) A training plan proposal is a document prepared by the prospective employer and prospective apprentice or trainee outlining the following matters in relation to the proposed apprenticeship or traineeship—\n> > \n> > > (a) the proposed arrangements for the provision of training to the prospective apprentice or trainee,\n> > \n> > > (b) the appropriate qualification or qualifications proposed to be awarded to the prospective apprentice or trainee.\n> \n> > (5) The proposed training contract and training plan proposal—\n> > \n> > > (a) must be set out in the form approved by the Commissioner, and\n> > \n> > > (b) must be prepared in accordance with the relevant vocational training order.\n> \n> > (5A) The Commissioner may require the applicant to lodge with the application a training plan for the proposed apprenticeship or traineeship instead of a training plan proposal.\n> \n> > (5B) An application under this section may be made on behalf of the employer by an agent of the employer approved by the Commissioner if the agent certifies that the relevant training contract and any associated documentation have been duly executed by the parties to the contract.\n> \n> > (5C) The Commissioner may refuse to accept applications lodged by a particular agent (and must notify the relevant applicants accordingly) if the agent fails to comply with this section or any requirement of the regulations in relation to any application lodged by the agent.\n> \n> > (5D) The establishment of a trainee apprenticeship is not permitted under this Act, even if the relevant industrial award or agreement recognises that the apprenticeship may be undertaken as a trainee apprenticeship.\n> \n> > (6) An application under this section may not be made by a prohibited employer contrary to a prohibition order.\n> \n> > (7) The regulations may make provision for or with respect to applications under this section.\n> \n> **s 7:** Am 2004 No 55, Sch 1.2; 2017 No 42, Sch 1 \\[9\\]–\\[14\\].","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Determination of applications","content":"#### 8 Determination of applications\n\n8 Determination of applications\n\n> > (1) The Commissioner must deal with an application for the establishment of an apprenticeship or traineeship—\n> > \n> > > (a) by approving the application, or\n> > \n> > > (b) by dismissing the application, or\n> > \n> > > (c) (Repealed)\n> \n> > (2) (Repealed)\n> \n> > (3) The Commissioner may, but is not required to, deal with an application made more than 28 days after the date on which the prospective apprentice or trainee began working for the employer as an apprentice or trainee.\n> \n> > (4) As soon as practicable after an application is determined, the Commissioner must notify the applicant and the relevant registered training organisation of the determination.\n> \n> **s 8:** Am 2017 No 42, Sch 1 \\[15\\]–\\[17\\].","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Dismissal of certain applications","content":"#### 9 Dismissal of certain applications\n\n9 Dismissal of certain applications\n\n> > (1) An application for establishment of an apprenticeship or traineeship must be dismissed unless the Commissioner is satisfied—\n> > \n> > > (a) that the employer can provide the work-based component of the required training in the relevant vocation, and\n> > \n> > > (a1) that the employer will employ the apprentice or trainee under conditions that do not contravene the relevant industrial award or agreement, and\n> > \n> > > (a2) that the apprentice or trainee is capable of undertaking the required training in the relevant vocation, and\n> > \n> > > (a3) that the proposed training contract has been prepared in accordance with the relevant vocational training order, and\n> > \n> > > (a4) that the employment provided, or to be provided, by the employer complies with the relevant vocational training order, and\n> > \n> > > (b) in the case of an application by an employer who proposes to place the apprentice or trainee with a host employer from the commencement of the apprenticeship or traineeship, that the host employer with whom the apprentice or trainee is initially to be placed is available to provide appropriate training to the apprentice or trainee.\n> \n> > (2) (Repealed)\n> \n> **s 9:** Am 2017 No 42, Sch 1 \\[18\\]–\\[20\\].","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Vocational training directions","content":"#### 10 Vocational training directions\n\n10 Vocational training directions\n\n> > (1) When dealing with an application for the establishment of an apprenticeship or traineeship, the Commissioner may issue a direction (a vocational training direction) in relation to the proposed apprenticeship or traineeship.\n> \n> > (2) A vocational training direction may do any one or more of the following—\n> > \n> > > (a) it may reduce or extend the term of the apprenticeship or traineeship,\n> > \n> > > (b) it may approve alternative training to be undertaken by the apprentice or trainee.\n> \n> > (3) In making a vocational training direction, the Commissioner—\n> > \n> > > (a) must have regard to any relevant training that the apprentice or trainee has received—\n> > > \n> > > > (i) whether as an apprentice or trainee or otherwise, and\n> > > \n> > > > (ii) whether in the particular vocation or in some other vocation, and\n> > > \n> > > > (iii) whether in New South Wales or elsewhere, and\n> > \n> > > (b) may have regard to any other matter that the Commissioner considers relevant, and\n> > \n> > > (c) must comply with the vocational training guidelines.\n> \n> > (4) If a vocational training direction is made that affects the provisions of the proposed training contract—\n> > \n> > > (a) a copy of the contract (appropriately amended) must be returned to the applicant for execution, and\n> > \n> > > (b) the application is not to be further dealt with until the contract (as amended) is duly executed and returned to the Commissioner.\n> \n> **s 10:** Am 2017 No 42, Sch 1 \\[18\\] \\[21\\].","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Withdrawal from apprenticeship or traineeship during probationary period","content":"#### 11 Withdrawal from apprenticeship or traineeship during probationary period\n\n11 Withdrawal from apprenticeship or traineeship during probationary period\n\n> > (1) At any time during the apprentice’s or trainee’s probationary period, and whether or not a training contract is in force, either the employer or the apprentice or trainee may, by notice in writing addressed to the other, withdraw from the apprenticeship or traineeship.\n> \n> > (2) An application for the establishment of an apprenticeship or traineeship is taken to have been withdrawn, and need not be dealt with, if notice is given to the Commissioner, before the application is dealt with, that the employer or the apprentice or trainee has withdrawn from the apprenticeship or traineeship during the probationary period.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Training contracts","content":"#### 12 Training contracts\n\n12 Training contracts\n\n> > (1) A training contract has effect as if it were a deed duly executed by the employer and the apprentice or trainee.\n> \n> > (2) Subject to section 11—\n> > \n> > > (a) the training contract for an apprenticeship binds the employer and the apprentice—\n> > > \n> > > > (i) from the time the employer is notified that the establishment of the apprenticeship has been approved, or\n> > > \n> > > > (ii) from the end of the probationary period,\n> > > \n> > > whichever is the later, until the end of the term of the apprenticeship, and\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) the training contract for a traineeship binds the employer and the trainee—\n> > > \n> > > > (i) from the time the employer is notified that the establishment of the traineeship has been approved, or\n> > > \n> > > > (ii) from the end of the probationary period,\n> > > \n> > > whichever is the later, until the end of the term of the traineeship.\n> \n> > (2A) A reference in this section to a training contract is a reference to the training contract most recently executed by the employer and apprentice or trainee, as varied in accordance with this Act.\n> \n> > (3) Any time during which an employer has employed a person as an apprentice or trainee is taken to form part of the term of the person’s apprenticeship or traineeship.\n> \n> **s 12:** Am 2017 No 42, Sch 1 \\[22\\]–\\[24\\].","sortOrder":16},{"sectionNumber":"12A","sectionType":"section","heading":"Training plans","content":"#### 12A Training plans\n\n12A Training plans\n\n> > (1) A training plan is to be prepared in respect of each apprenticeship or traineeship.\n> \n> > (2) A training plan for an apprenticeship or traineeship is a document prepared in accordance with the relevant vocational training order that indicates, in particular—\n> > \n> > > (a) the arrangements for the provision of training to the apprentice or trainee that have been agreed to by the employer and the relevant registered training organisation, and\n> > \n> > > (b) the appropriate qualification or qualifications to be awarded to the apprentice or trainee in relation to the apprenticeship or traineeship, and\n> > \n> > > (c) the units of competency forming part of the training for the relevant vocation.\n> \n> > (3) The training plan is to be prepared by the relevant registered training organisation in relation to the apprenticeship or traineeship in consultation with the employer and the apprentice or trainee.\n> \n> > (4) The training plan is to be lodged with the application for the establishment of the apprenticeship or traineeship, if required by the Commissioner.\n> \n> > (5) If a training plan was not required to be lodged with the application, the relevant registered training organisation must prepare the plan within 12 weeks after the organisation is notified that the establishment of the apprenticeship or traineeship has been approved.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (6) A training plan is to be in the form approved by the Commissioner.\n> \n> > (7) The relevant registered training organisation in relation to the apprenticeship or traineeship to which a training plan relates must—\n> > \n> > > (a) keep a copy of the training plan, in a manner approved by the Commissioner, for the period specified by the Commissioner, and\n> > \n> > > (b) make the training plan available for inspection on request by the Commissioner.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 12A:** Ins 2017 No 42, Sch 1 \\[25\\].","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Duties of employers under apprenticeships and traineeships","content":"#### 13 Duties of employers under apprenticeships and traineeships\n\n13 Duties of employers under apprenticeships and traineeships\n\n> > (1) The employer of an apprentice or trainee must, in accordance with the relevant training plan, take all reasonable steps—\n> > \n> > > (a) to enable the apprentice or trainee to receive the work-based component of the required training, in particular by providing all necessary facilities and opportunities to acquire the competencies of the vocation concerned, and\n> > \n> > > (b) to enable the apprentice or trainee to obtain an appropriate qualification for that vocation, in particular—\n> > > \n> > > > (i) by releasing the apprentice or trainee as required for attendance at the relevant registered training organisation, and\n> > > \n> > > > (ii) by liaising with the relevant registered training organisation in relation to the apprentice’s or trainee’s attendance and participation in the training provided by the relevant registered training organisation.\n> \n> > (2) The employer of an apprentice or trainee must discharge his or her obligations under the apprenticeship or traineeship as an employer of the apprentice or trainee.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Duties of employers using host employment arrangements","content":"#### 14 Duties of employers using host employment arrangements\n\n14 Duties of employers using host employment arrangements\n\n> > (1) An employer that places an apprentice or trainee with a host employer under a host employment arrangement remains liable to fulfill the obligations imposed on the employer by this Act, but is taken to have fulfilled those obligations if they have been fulfilled by the host employer.\n> \n> > (2) Without limiting subsection (1), an employer that places an apprentice or trainee with a host employer under a host employment arrangement—\n> > \n> > > (a) must place the apprentice or trainee with host employers in a manner that ensures that the apprentice or trainee receives the work-based component of the required training in all aspects of the apprenticeship or traineeship, and\n> > \n> > > (b) must properly supervise any such host employer in its provision of the required training to the apprentice or trainee, in particular—\n> > > \n> > > > (i) by ensuring that the host employer releases the apprentice or trainee as required for attendance at the relevant registered training organisation, and\n> > > \n> > > > (ii) by liaising with the relevant registered training organisation in relation to the apprentice’s or trainee’s attendance and participation in the training provided by the relevant registered training organisation.\n> \n> > (3) An employer (the principal employer) must not place an apprentice or trainee with a host employer if the principal employer knows—\n> > \n> > > (a) that the host employer is a prohibited employer, and\n> > \n> > > (b) that the employment of the apprentice or trainee by the host employer would be contrary to the relevant prohibition order.\n> > \n> > Maximum penalty—200 penalty units.\n> \n> > (4) (Repealed)\n> \n> **s 14:** Am 2017 No 42, Sch 1 \\[26\\].","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Duties of employers to notify Commissioner of certain matters","content":"#### 15 Duties of employers to notify Commissioner of certain matters\n\n15 Duties of employers to notify Commissioner of certain matters\n\n> > (1) In relation to each apprentice or trainee that he or she employs, an employer must notify the Commissioner of the following matters within 14 days after the matter arises—\n> > \n> > > (a) any injury to the apprentice or trainee that adversely affects the apprentice’s or trainee’s ability to continue or complete the apprenticeship or traineeship,\n> > \n> > > (b) any failure by the apprentice or trainee to make satisfactory progress in learning the competencies of the relevant vocation,\n> > \n> > > (c) any change in the relevant registered training organisation attended by the apprentice or trainee,\n> > \n> > > (d) any failure by the apprentice or trainee to participate in, or make satisfactory progress in, the training provided by the relevant registered training organisation,\n> > \n> > > (e) in the case of an employer who places the apprentice or trainee with host employers, any matter that is likely to have an adverse effect on the completion of the apprenticeship or traineeship by the apprentice or trainee, including—\n> > > \n> > > > (i) any difficulties encountered by the employer in finding host employers, and\n> > > \n> > > > (ii) any difficulties encountered by the apprentice or trainee in relation to any host employer, whether in relation to training or employment or otherwise,\n> > \n> > > (f) any notice given to the apprentice or trainee of the employer’s intention to terminate the employment of the apprentice or trainee.\n> \n> > (2) An employer must also notify the Commissioner of the following matters within 14 days after the matter arises—\n> > \n> > > (a) any change in the name under which the employer carries on business or in the address from which the employer carries on business,\n> > \n> > > (b) any change in the nature of the employer’s business that adversely affects the employer’s ability to comply with his or her obligations under this Act.\n> \n> **s 15:** Am 2003 No 40, Sch 1.2 \\[1\\]; 2017 No 42, Sch 1 \\[27\\] \\[28\\].","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Duties of apprentices and trainees under apprenticeships and traineeships","content":"#### 16 Duties of apprentices and trainees under apprenticeships and traineeships\n\n16 Duties of apprentices and trainees under apprenticeships and traineeships\n\n> > (1) An apprentice or trainee must, in accordance with the relevant training plan, make all reasonable efforts—\n> > \n> > > (a) to acquire the competencies of the vocation concerned, and\n> > \n> > > (b) to obtain an appropriate qualification or qualifications for that vocation.\n> \n> > (2) An apprentice or trainee must discharge his or her obligations under the apprenticeship or traineeship as an employee of the employer.","sortOrder":21},{"sectionNumber":"16A","sectionType":"section","heading":"Duties of registered training organisations","content":"#### 16A Duties of registered training organisations\n\n16A Duties of registered training organisations\n\n> > (1) A relevant registered training organisation for an apprenticeship or traineeship—\n> > \n> > > (a) must provide to the employer, on request, information in relation to the progress of the apprentice or trainee in obtaining the relevant qualification, and\n> > \n> > > (b) must review the training plan at least once every 6 months and, in addition, on any date determined in consultation with the employer and the apprentice or trainee, and\n> > \n> > > (c) must obtain the confirmation of the employer before determining whether the apprentice or trainee has acquired the competencies of the relevant qualification, and\n> > \n> > > (d) must, as soon as practicable after the apprentice or trainee becomes eligible to be awarded the relevant qualification by the registered training organisation, notify the Commissioner of that fact.\n> > \n> > Maximum penalty—200 penalty units.\n> \n> > (2) The relevant registered training organisation must also notify the Commissioner of the following matters within 21 days after the matter arises—\n> > \n> > > (a) any failure by the employer to allow the apprentice or trainee to commence or participate in the training specified in the training plan,\n> > \n> > > (b) any failure by the employer to allow the organisation to conduct the training or assessment components specified in the training plan,\n> > \n> > > (c) any failure by the employer to provide any information requested by the organisation for the purpose of assessments of competence in relation to the training specified in the training plan.\n> \n> Maximum penalty—200 penalty units.\n> \n> **s 16A:** Ins 2017 No 42, Sch 1 \\[29\\].","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Conditions of training and employment for persons employed as apprentices and trainees","content":"#### 17 Conditions of training and employment for persons employed as apprentices and trainees\n\n17 Conditions of training and employment for persons employed as apprentices and trainees\n\n> An employer that employs a person as an apprentice or trainee in a recognised trade vocation or recognised traineeship vocation—\n> \n> > (a) must provide work-based training in accordance with the relevant vocational training order for that vocation, and\n> \n> > (b) must employ the person under conditions no less favourable than those set by the provisions of the relevant industrial award or agreement,\n> \n> whether or not an apprenticeship or traineeship has been established for the apprentice or trainee.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Extension of probationary period","content":"#### 18 Extension of probationary period\n\n18 Extension of probationary period\n\n> > (1) On the application of the employer or the apprentice or trainee, the Commissioner may extend the apprentice’s or trainee’s probationary period for up to a maximum of 3 months beyond the initial period specified in the relevant vocational training order.\n> \n> > (2) As soon as practicable after an application is determined, the Commissioner must notify both the employer and the apprentice or trainee concerned of the determination.\n> \n> **s 18:** Am 2003 No 40, Sch 1.2 \\[2\\].","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Attendance at relevant registered training organisation","content":"#### 19 Attendance at relevant registered training organisation\n\n19 Attendance at relevant registered training organisation\n\n> Time spent by an apprentice or trainee in attending the training provided by the relevant registered training organisation is taken to form part of the time required by the relevant training contract to be spent in discharging the apprentice’s or trainee’s obligations under the contract.\n> \n> **s 19:** Am 2017 No 42, Sch 1 \\[30\\].","sortOrder":25},{"sectionNumber":"Division 3","sectionType":"division","heading":"Transfer, variation, suspension, cancellation and completion of apprenticeships and traineeships","content":"## Division 3 Transfer, variation, suspension, cancellation and completion of apprenticeships and traineeships\n\nDivision 3 Transfer, variation, suspension, cancellation and completion of apprenticeships and traineeships","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Transfer of apprenticeships and traineeships","content":"#### 20 Transfer of apprenticeships and traineeships\n\n20 Transfer of apprenticeships and traineeships\n\n> > (1) An application for approval to the transfer of an apprenticeship or traineeship may be made to the Commissioner by the prospective employer.\n> \n> > (2) The Commissioner must deal with the application—\n> > \n> > > (a) by approving the application, or\n> > \n> > > (b) by dismissing the application, or\n> > \n> > > (c) (Repealed)\n> \n> > (3) (Repealed)\n> \n> > (4) Approval to the transfer is not to be given unless the Commissioner is satisfied—\n> > \n> > > (a) that the prospective employer has the ability to provide appropriate training in the relevant vocation, and\n> > \n> > > (b) that the apprentice or trainee, and the apprentice’s or trainee’s existing employer, consent to the transfer of the apprenticeship or traineeship.\n> \n> > (5) The Commissioner must send a notice to the apprentice’s or trainee’s existing employer requesting the employer to notify the Commissioner whether or not the employer consents to the transfer.\n> \n> > (6) If the Commissioner does not receive any reply to such a request within 21 days after the date on which the notice was sent, the consent of the existing employer is taken to have been given.\n> \n> > (6A) As soon as practicable after an application is determined, the Commissioner must give notification of the determination to the following—\n> > \n> > > (a) the prospective employer,\n> > \n> > > (b) the apprentice or trainee concerned,\n> > \n> > > (c) the apprentice’s or trainee’s existing employer.\n> \n> > (7) If the application for transfer is approved, all rights and obligations conferred or imposed on an employer by the relevant training contract cease to be the rights and obligations of the existing employer and become the rights and obligations of the prospective employer.\n> \n> > (8) Subsection (7) does not affect any rights or obligations in relation to matters arising before the transfer was approved, and any such rights and obligations remain the rights and obligations of the existing employer.\n> \n> **s 20:** Am 2003 No 40, Sch 1.2 \\[3\\]; 2017 No 42, Sch 1 \\[18\\] \\[31\\].","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Variation of training contracts and training plans on application by a party","content":"#### 21 Variation of training contracts and training plans on application by a party\n\n21 Variation of training contracts and training plans on application by a party\n\n> > (1) An application for the variation of a training contract or training plan may be made to the Commissioner by the employer and the apprentice or trainee, or by either of them alone.\n> \n> > (2) In the case of an application for the variation of a training plan, the application must be endorsed with the consent of the relevant registered training organisation to the proposed variation.\n> \n> > (3) The Commissioner must deal with an application—\n> > \n> > > (a) by approving the application, or\n> > \n> > > (b) by dismissing the application, or\n> > \n> > > (c) (Repealed)\n> \n> > (4) (Repealed)\n> \n> > (5) In the case of an application made by only one of the parties, the Commissioner must send a notice to the other party requesting the party to notify the Commissioner whether or not the party consents to the variation.\n> \n> > (6) If the Commissioner does not receive any reply to such a request within 21 days after the date on which the notice was sent—\n> > \n> > > (a) the consent of the party to whom the notice was sent is taken to have been given, and\n> > \n> > > (b) approval of the application for variation is taken to have been given on the expiry of the 21-day period.\n> \n> > (6A) As soon as practicable after an application is determined, the Commissioner must give notification of the determination to the following—\n> > \n> > > (a) the employer,\n> > \n> > > (b) the apprentice or trainee concerned,\n> > \n> > > (c) in the case of an application to vary a training plan—the relevant registered training organisation.\n> \n> > (7) If the application for variation of a training contract or training plan is approved, the training contract or training plan is taken to be varied in accordance with the approval.\n> \n> **s 21:** Am 2003 No 40, Sch 1.2 \\[4\\]; 2012 No 95, Sch 1.1 \\[1\\]; 2017 No 42, Sch 1 \\[32\\].","sortOrder":28},{"sectionNumber":"21A","sectionType":"section","heading":"Variation of training contracts and training plans by Commissioner","content":"#### 21A Variation of training contracts and training plans by Commissioner\n\n21A Variation of training contracts and training plans by Commissioner\n\n> > (1) The Commissioner may, on receiving a recommendation from the relevant registered training organisation or any other relevant person or body or on the Commissioner’s own initiative, make a variation to a training contract or training plan in accordance with this section.\n> \n> > (2) A technical variation may be made at any time at the discretion of the Commissioner.\n> \n> > (3) A technical variation is a variation that, in the Commissioner’s opinion, is of a minor nature and will not result in any material change to the terms of the training contract or training plan.\n> \n> > (4) If the variation is not a technical variation, the following provisions apply—\n> > \n> > > (a) the Commissioner must send a notice to each party (being the employer and the apprentice or trainee) requesting the party to notify the Commissioner whether or not the party consents to the variation,\n> > \n> > > (b) if the Commissioner does not receive any reply to such a request within 21 days after the date on which the notice was sent, the consent of the party to whom the notice was sent is taken to have been given,\n> > \n> > > (c) if the parties consent to the variation, the Commissioner may make the variation.\n> \n> > (5) As soon as practicable after a variation is made under this section, the Commissioner must give notification of the variation to the following—\n> > \n> > > (a) the employer,\n> > \n> > > (b) the apprentice or trainee concerned,\n> > \n> > > (c) in the case of the variation of a training plan—the relevant registered training organisation.\n> \n> > (6) A variation made under this section is binding on the employer and the apprentice or trainee.\n> \n> **s 21A:** Ins 2012 No 95, Sch 1.1 \\[2\\]. Am 2017 No 42, Sch 1 \\[33\\].","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Suspension and cancellation of apprenticeships and traineeships","content":"#### 22 Suspension and cancellation of apprenticeships and traineeships\n\n22 Suspension and cancellation of apprenticeships and traineeships\n\n> > (1) The Commissioner may, on the application of the employer and the apprentice or trainee (or either of them alone) or on the Commissioner’s own initiative, suspend or cancel an apprenticeship or traineeship.\n> \n> > (2) The Commissioner may not suspend or cancel the apprenticeship or traineeship unless the Commissioner is satisfied—\n> > \n> > > (a) that both the employer and the apprentice or trainee consent to the suspension or cancellation, or\n> > \n> > > (b) that it is reasonable in the circumstances to do so.\n> \n> > (3) In addition, the Commissioner may not suspend or cancel an apprenticeship or traineeship on the application of the employer or the apprentice or trainee or on the Commissioner’s own initiative unless the Commissioner—\n> > \n> > > (a) has given notice to the employer and the apprentice or trainee of the Commissioner’s intention to suspend or cancel the apprenticeship or traineeship, and\n> > \n> > > (b) has given the employer and apprentice or trainee at least 21 days within which to make submissions to the Commissioner with respect to the proposed suspension or cancellation, and\n> > \n> > > (c) has taken any such submissions into consideration.\n> \n> > (4) The Commissioner must give notice to the employer and apprentice or trainee of a suspension or cancellation under this section specifying—\n> > \n> > > (a) the grounds for the suspension or cancellation, and\n> > \n> > > (b) the date from which the suspension or cancellation takes effect, and\n> > \n> > > (c) in the case of suspension—the period of suspension.\n> \n> **s 22:** Subst 2017 No 42, Sch 1 \\[34\\].","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Completion of apprenticeships and traineeships","content":"#### 23 Completion of apprenticeships and traineeships\n\n23 Completion of apprenticeships and traineeships\n\n> > (1) As soon as practicable after an apprentice—\n> > \n> > > (a) has completed his or her term of apprenticeship in a recognised trade vocation, and\n> > \n> > > (b) has been awarded an appropriate qualification by the relevant registered training organisation, and\n> > \n> > > (c) has, if required by the Commissioner, been assessed by any other registered training organisation nominated by the Commissioner as having acquired the competencies of that vocation,\n> > \n> > the Commissioner must issue the apprentice with a certificate of proficiency for that vocation.\n> \n> > (2) (Repealed)\n> \n> > (3) As soon as practicable after a trainee—\n> > \n> > > (a) has completed his or her term of traineeship in a recognised traineeship vocation, and\n> > \n> > > (b) has been awarded an appropriate qualification by the relevant registered training organisation, and\n> > \n> > > (c) has, if required by the Commissioner, been assessed by any other registered training organisation nominated by the Commissioner as having acquired the competencies of that vocation,\n> > \n> > the Commissioner must issue the trainee with a certificate of proficiency for that vocation.\n> \n> > (4) The Commissioner may provide to the Australian Skills Quality Authority a copy of the report of an assessment under subsection (1) (c) or (3) (c) (including any information contained in the report that is personal information under the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) or health information under the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071)).\n> \n> **s 23:** Am 2017 No 42, Sch 1 \\[33\\] \\[35\\]–\\[37\\].","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Effect of death of employer or change in partnership","content":"#### 24 Effect of death of employer or change in partnership\n\n24 Effect of death of employer or change in partnership\n\n> > (1) If—\n> > \n> > > (a) the employer of an apprentice or trainee dies, and\n> > \n> > > (b) the business in which the apprentice or trainee was employed is carried on by the executors or administrators for the time being of the will or estate of the deceased employer,\n> > \n> > the apprenticeship or traineeship is taken not to have been terminated by the death of the employer.\n> \n> > (2) If—\n> > \n> > > (a) the employers of an apprentice or trainee are partners in a partnership, and\n> > \n> > > (b) the business in which the apprentice or trainee is employed is carried on after a change in the composition of the partnership,\n> > \n> > the apprenticeship or traineeship is taken not to have been terminated by that change.\n> \n> > (3) Unless cancellation of the apprenticeship or traineeship is approved by the Commissioner on the application of those executors, administrators or partners—\n> > \n> > > (a) the relevant training contract continues to bind them as if they were the employers of the apprentice or trainee, and\n> > \n> > > (b) while it does so, they are taken to be the employers of the apprentice or trainee for the purposes of this Act.","sortOrder":32},{"sectionNumber":"Division 4","sectionType":"division","heading":"Additional provisions concerning recognised trade vocations","content":"## Division 4 Additional provisions concerning recognised trade vocations\n\nDivision 4 Additional provisions concerning recognised trade vocations","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Juniors not to be employed in recognised trade vocations unless apprentices or qualified tradespersons","content":"#### 25 Juniors not to be employed in recognised trade vocations unless apprentices or qualified tradespersons\n\n25 Juniors not to be employed in recognised trade vocations unless apprentices or qualified tradespersons\n\n> > (1) An employer must not employ a junior in a recognised trade vocation unless the junior is an apprentice or qualified tradesperson in that vocation.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) This section does not apply to—\n> > \n> > > (a) the employment of a person in a recognised traineeship vocation that is, or forms part of, a recognised trade vocation, or\n> > \n> > > (b) the employment of a person in a recognised trade vocation by a spouse, de facto partner or parent of the person, or\n> > \n> > > (c) the employment of a person in a recognised trade vocation, or in any part of a recognised trade vocation, that is exempted by the regulations from the operation of this section.\n> > \n> > Note.\n> > \n> > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (3) (Repealed)\n> \n> **s 25:** Am 2008 No 23, Sch 3.3 \\[1\\] \\[2\\]; 2010 No 19, Sch 3.5 \\[1\\] \\[2\\].","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Commissioner may direct apprenticeship to have effect","content":"#### 26 Commissioner may direct apprenticeship to have effect\n\n26 Commissioner may direct apprenticeship to have effect\n\n> > (1) If an employer fails to apply for the establishment of an apprenticeship within 28 days after the employer employs a junior as an apprentice, the Commissioner may, on the application of the junior, direct that an apprenticeship contract be taken to have come into effect between the employer and the junior.\n> \n> > (2) As soon as practicable after giving such a direction, the Commissioner—\n> > \n> > > (a) must serve a document in the form of an apprenticeship contract (endorsed by the Commissioner to indicate that it has been prepared pursuant to a direction under this section) on the employer, and\n> > \n> > > (b) must send a copy of the document to the apprentice.\n> \n> > (3) Subject to this Act, an apprenticeship contract under this section—\n> > \n> > > (a) takes effect when the document referred to in subsection (2) (a) is served on the employer, and\n> > \n> > > (b) has effect as if it were a deed duly executed by the employer and the apprentice.\n> \n> > (4) Any time during which the employer has employed the apprentice as an apprentice prior to the giving of the direction referred to in subsection (1) is taken to form part of the term of the apprenticeship.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Remuneration of adult apprentices","content":"#### 27 Remuneration of adult apprentices\n\n27 Remuneration of adult apprentices\n\n> > (1) If—\n> > \n> > > (a) an apprenticeship is established in a recognised trade vocation for an adult, and\n> > \n> > > (b) there is no adult award in force, but there is a junior award in force, in relation to that vocation,\n> > \n> > then, until an adult award comes into force in relation to that vocation, the minimum rate of remuneration for the person is to be the maximum rate set by the junior award for apprentices who are at the same stage of apprenticeship in that vocation.\n> \n> > (2) A rate of remuneration set by this section has effect as if it formed part of an industrial award or agreement that applied to the person for whom it is set, and any remuneration payable under this section may be recovered accordingly.\n> \n> > (3) This section does not apply to an apprenticeship between an employer and an apprentice if the employer is a parent or guardian of the apprentice.\n> \n> > (4) In this section—\n> > \n> > adult award means an industrial award or agreement under which a rate of remuneration is set for apprentices who are adults (that is, persons who are not juniors).\n> > \n> > junior award means an industrial award or agreement under which a rate of remuneration is set for apprentices who are juniors.","sortOrder":36},{"sectionNumber":"Division 5","sectionType":"division","heading":"General","content":"## Division 5 General\n\nDivision 5 General","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Register of apprenticeships and traineeships","content":"#### 28 Register of apprenticeships and traineeships\n\n28 Register of apprenticeships and traineeships\n\n> > (1) The Commissioner is to establish and maintain a register of apprenticeships and traineeships.\n> \n> > (2) The register must contain such of the following information as is relevant to each apprenticeship or traineeship established under this Act—\n> > \n> > > (a) the names and addresses of the employer and the apprentice or trainee,\n> > \n> > > (b) the date on which the apprenticeship or traineeship was approved,\n> > \n> > > (c) the recognised trade vocation or recognised traineeship vocation for which the apprenticeship or traineeship is established,\n> > \n> > > (d) the appropriate qualification or qualifications that may be awarded to the apprentice or trainee in relation to the apprenticeship or traineeship,\n> > \n> > > (e) the term of the apprenticeship or traineeship,\n> > \n> > > (f) the industrial award or agreement identified in the application for the establishment of the apprenticeship or traineeship as the industrial award or agreement that applies to the apprenticeship or traineeship,\n> > \n> > > (g) the date of commencement of the apprenticeship or traineeship,\n> > \n> > > (h) the serial number of the training contract approved in relation to the apprenticeship or traineeship,\n> > \n> > > (i) the name of the relevant registered training organisation,\n> > \n> > > (j) each date on which the apprenticeship or traineeship has been transferred, suspended, cancelled or varied,\n> > \n> > > (k) the date on which the apprenticeship or traineeship was completed,\n> > \n> > > (l) whether the trainee under a traineeship is an existing worker trainee.\n> \n> > (3) The regulations may make provision for or with respect to the manner and form in which the register is to be kept.\n> \n> > (4) The Commissioner is to provide to the Chief Commissioner of State Revenue or an authorised officer within the meaning of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) such information contained in the register as may be requested from time to time by the Chief Commissioner or authorised officer.\n> \n> **s 28:** Am 2002 No 63, Sch 1; 2017 No 42, Sch 1 \\[38\\].","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Advertising of group training organisations","content":"#### 29 Advertising of group training organisations\n\n29 Advertising of group training organisations\n\n> A person must not advertise or otherwise represent that a person or body—\n> \n> > (a) is a registered group training organisation, or\n> \n> > (b) is registered, endorsed or otherwise approved by the Government (however expressed) to offer training or other services under host employment arrangements,\n> \n> unless the person or body concerned is a registered group training organisation.\n> \n> Maximum penalty—100 penalty units.\n> \n> **s 29:** Am 2017 No 42, Sch 1 \\[39\\].","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Registration of group training organisations","content":"#### 30 Registration of group training organisations\n\n30 Registration of group training organisations\n\n> > (1) Any person or body may apply to the Commissioner to be registered as a group training organisation.\n> \n> > (2) The Commissioner may register the applicant as a group training organisation if satisfied, in accordance with any relevant vocational training guidelines, that the organisation meets minimum operational standards.\n> \n> > (3) The Commissioner may suspend or cancel the registration of a person or body as a group training organisation if satisfied that the person or body no longer meets minimum operational standards.\n> \n> Note.\n> \n> Registration of a person or body as a group training organisation may render the person or body eligible for certain payments available under Commonwealth or State incentive schemes.","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Preservation of conditions of employment of existing worker trainees","content":"#### 31 Preservation of conditions of employment of existing worker trainees\n\n31 Preservation of conditions of employment of existing worker trainees\n\n> > (1) The conditions of employment of a person who becomes registered as an existing worker trainee (including conditions with respect to superannuation, accrual of leave and other entitlements) are unaffected by the establishment of the traineeship.\n> \n> > (2) Such a person—\n> > \n> > > (a) is entitled to remain employed under those conditions (together with such variations of those conditions as are authorised by law) as if the traineeship had not been established, and\n> > \n> > > (b) has the same rights under any Act or law in relation to those conditions as those to which he or she would have been entitled had the traineeship not been established.\n> \n> > (3) In particular—\n> > \n> > > (a) the fact that a person is registered as an existing worker trainee does not invoke the provisions of any industrial award or agreement to the extent to which those provisions would diminish the conditions (including conditions with respect to superannuation, accrual of leave and other entitlements) to which the person is entitled, and\n> > \n> > > (b) the fact that a person who is registered as an existing worker trainee completes a traineeship does not authorise the employer to terminate the person’s employment with the employer.\n> \n> Note.\n> \n> Registration of an employee as an existing worker trainee may render the employer eligible for certain payments available under Commonwealth incentive schemes.","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Training contracts presumed to benefit minors","content":"#### 32 Training contracts presumed to benefit minors\n\n32 Training contracts presumed to benefit minors\n\n> In the application of the [Minors (Property and Contracts) Act 1970](/view/html/inforce/current/act-1970-060) to a training contract into which a minor has entered as an apprentice or trainee, the participation by the minor in the contract is, in the absence of evidence to the contrary, taken to be for the benefit of the minor.","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Apprentices and trainees not to be required to make payments or give bonds","content":"#### 33 Apprentices and trainees not to be required to make payments or give bonds\n\n33 Apprentices and trainees not to be required to make payments or give bonds\n\n> > (1) Except with the consent of the Commissioner, a person must not, whether directly or indirectly—\n> > \n> > > (a) require or permit a prospective apprentice or trainee to make any payment, or\n> > \n> > > (b) demand or receive any payment from a prospective apprentice or trainee, or\n> > \n> > > (c) require a prospective apprentice or trainee to enter into any bond or guarantee,\n> > \n> > for or with respect to the establishment of an apprenticeship or traineeship.\n> > \n> > Maximum penalty—200 penalty units.\n> \n> > (2) This section does not apply to any fee charged by a registered training organisation for the training it provides in connection with an apprenticeship or traineeship.\n> \n> **s 33:** Am 2017 No 42, Sch 1 \\[40\\].","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Effect of change in vocational training order","content":"#### 34 Effect of change in vocational training order\n\n34 Effect of change in vocational training order\n\n> > (1) The making of a vocational training order that amends or replaces an earlier vocational training order does not affect any apprenticeship or traineeship begun in accordance with the earlier order (an existing apprenticeship or traineeship), and an existing apprenticeship or traineeship may be continued and completed in accordance with the earlier order as if the later order had not been made.\n> \n> > (2) Subsection (1) does not apply to the extent to which the later order expressly provides that it is to apply to an existing apprenticeship or traineeship, in which case the existing apprenticeship or traineeship is to be continued and completed—\n> > \n> > > (a) if the later order amends the earlier order, in accordance with the earlier order as amended by the later order, or\n> > \n> > > (b) if the later order replaces the earlier order, in accordance with the later order,\n> > \n> > but to the extent only to which the later order so provides.","sortOrder":44},{"sectionNumber":"Part 3","sectionType":"part","heading":"Recognition of other trade qualifications","content":"# Part 3 Recognition of other trade qualifications\n\nPart 3 Recognition of other trade qualifications","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Recognition of Defence Force trade training","content":"#### 35 Recognition of Defence Force trade training\n\n35 Recognition of Defence Force trade training\n\n> > (1) In this section—\n> > \n> > Defence Force means the Defence Force of the Commonwealth.\n> > \n> > service adult trade training means training undertaken by a member of the Defence Force under a scheme (not involving apprenticeship) for the trade training of persons who are of or above the age of 17 years.\n> > \n> > service apprenticeship means an apprenticeship served by a person as a member of the Defence Force.\n> \n> > (2) The Commissioner may confer with representatives of the Defence Force, on any matter concerning service apprenticeships or service adult trade training, with a view to ensuring that a person who has completed a service apprenticeship or a period of service adult trade training in a recognised trade vocation will be accorded recognition in that vocation.\n> \n> > (3) The Commissioner may determine that the course of training provided for a class of service apprenticeship or service adult trade training in a recognised trade vocation is such that a person—\n> > \n> > > (a) who satisfactorily completes the course, and\n> > \n> > > (b) who complies with such further conditions as to experience or otherwise as the Commissioner may determine,\n> > \n> > is adequately trained to pursue that vocation.\n> \n> > (4) A determination under this section must be set out in an instrument signed by the Commissioner, and a copy of the instrument must be sent by the Commissioner to the relevant Defence Force authority.\n> \n> > (5) The Commissioner must issue a certificate of proficiency to a person who satisfies the Commissioner that the person—\n> > \n> > > (a) has satisfactorily completed the course of training to which such a determination relates, and\n> > \n> > > (b) has complied with any other conditions prescribed by the determination.\n> \n> **s 35:** Am 2017 No 42, Sch 1 \\[41\\] \\[42\\].","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Recognition of other trade training—applications","content":"#### 36 Recognition of other trade training—applications\n\n36 Recognition of other trade training—applications\n\n> > (1) A person may apply to the Commissioner for recognition of the person’s qualifications or experience in a particular recognised trade vocation.\n> \n> > (2) The Commissioner may require the applicant to undergo an assessment by a registered training organisation nominated by the Commissioner to determine whether the applicant has acquired the competencies of the recognised trade vocation (an independent competency assessment).\n> \n> > (3) A registered training organisation may not be nominated to conduct an independent competency assessment if the organisation has previously provided training to the applicant in the recognised trade vocation.\n> \n> > (4) The Commissioner may refuse to deal with the application if the applicant fails to comply with a requirement to undergo an independent competency assessment.\n> \n> > (5) If the report of an independent competency assessment specifies that the applicant requires further training to acquire the competencies of the recognised trade vocation, the Commissioner may refuse to determine the application until the Commissioner is satisfied that the applicant has satisfactorily completed the training.\n> \n> > (6) The Commissioner may seek expert advice in connection with the application from any person who, in the Commissioner’s opinion, has special knowledge of, and experience in, the recognised trade vocation.\n> \n> > (7) The regulations may provide that the Commissioner must, in specified circumstances, seek expert advice in connection with an application under this section from specified persons or classes of persons.\n> \n> > (8) The Commissioner may provide to the Australian Skills Quality Authority a copy of the report of an independent competency assessment (including any information contained in the report that is personal information under the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) or health information under the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071)).\n> \n> **s 36:** Subst 2017 No 42, Sch 1 \\[43\\].","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Recognition of other trade training—determinations","content":"#### 37 Recognition of other trade training—determinations\n\n37 Recognition of other trade training—determinations\n\n> > (1) If the Commissioner is satisfied that an applicant for recognition of qualifications or experience in a particular recognised trade vocation (other than a certified vocation) has acquired the competencies of the vocation, the Commissioner may determine that the applicant is adequately trained to pursue that vocation.\n> \n> > (2) A recognised trade vocation is a certified vocation if a person is required to have a certificate of proficiency in order to obtain a licence, permit or other authority under an Act to work in the vocation.\n> \n> > (3) In making a determination under subsection (1), the Commissioner must have regard to—\n> > \n> > > (a) the length of time for which the applicant has been working in the recognised trade vocation, and\n> > \n> > > (b) the nature and duration of any instruction or training received by the applicant in the recognised trade vocation, and\n> > \n> > > (c) the nature of any qualifications held by the applicant in relation to the recognised trade vocation, and\n> > \n> > > (d) any expert advice obtained in connection with the application, and\n> > \n> > > (e) the applicant’s performance in any examination or test set by the Commissioner or any independent competency assessment, and\n> > \n> > > (f) such other matters as the Commissioner considers relevant.\n> \n> > (4) The following provisions apply in relation to the determination of an application for recognition of qualifications or experience in a certified vocation—\n> > \n> > > (a) the Commissioner is to nominate at least one employee representative and one employer representative (the industrial representatives) for the purpose of making a recommendation under this section as to whether the applicant is adequately trained to pursue the certified vocation,\n> > \n> > > (b) the Commissioner may determine that the applicant is adequately trained to pursue the recognised trade vocation, but only if the industrial representatives have unanimously recommended that the applicant is adequately trained to pursue that vocation,\n> > \n> > > (c) the industrial representatives must have regard to the matters specified in subsection (3) (a)–(e) (and such other matters as the representatives consider relevant) in making a recommendation under this section,\n> > \n> > > (d) the Commissioner must have regard to the matters specified in subsection (3) in making a determination under this section.\n> \n> > (5) The Commissioner is to provide to the industrial representatives any information obtained by the Commissioner in connection with the application and required by the representatives for the purpose of making the recommendation. For that purpose, the Commissioner is authorised to disclose to the industrial representatives personal information (within the meaning of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133)) and health information (within the meaning of the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071)).\n> \n> > (6) A determination under this section must be set out in an instrument signed by the Commissioner.\n> \n> > (7) The Commissioner must issue a certificate of proficiency to the person to whom the determination relates.\n> \n> > (8) The regulations may make provision for or with respect to—\n> > \n> > > (a) applications for the recognition of qualifications or experience in a recognised trade vocation, and\n> > \n> > > (b) the making of determinations and recommendations under this section.\n> \n> > (9) In this section—\n> > \n> > employee representative, in relation to an application under this section, means a representative of an organisation that represents employees in industrial matters relating to the recognised trade vocation to which the application relates.\n> > \n> > employer representative, in relation to an application under this section, means a representative of an organisation that represents employers in industrial matters relating to the recognised trade vocation to which the application relates.\n> \n> **s 37:** Subst 2017 No 42, Sch 1 \\[43\\].","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Register of determinations","content":"#### 38 Register of determinations\n\n38 Register of determinations\n\n> > (1) The Commissioner is to establish and maintain a register of determinations under this Part.\n> \n> > (2) The regulations may make provision for or with respect to the manner and form in which the register is to be kept.","sortOrder":49},{"sectionNumber":"Part 4","sectionType":"part","heading":"Proceedings with respect to disputes and disciplinary matters","content":"# Part 4 Proceedings with respect to disputes and disciplinary matters\n\nPart 4 Proceedings with respect to disputes and disciplinary matters","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Complaints to be made to Commissioner","content":"#### 39 Complaints to be made to Commissioner\n\n39 Complaints to be made to Commissioner\n\n> > (1) A complaint that a party to an apprenticeship or traineeship has failed to discharge his or her obligations under the apprenticeship or traineeship may be made—\n> > \n> > > (a) by the other party to the apprenticeship or traineeship, or\n> > \n> > > (b) by an industry training officer who is a Public Service employee.\n> \n> > (2) A complaint that a party to an apprenticeship or traineeship has failed to comply with the requirements of this Act (whether or not that failure constitutes an offence) may be made by an industry training officer.\n> \n> > (3) A complaint that a party to an apprenticeship or traineeship has refused to consent to the transfer, suspension, cancellation or variation of an apprenticeship or traineeship, may be made by the other party to the apprenticeship or traineeship.\n> \n> > (4) A complaint must be lodged at, or sent by post to, the offices of the Commissioner.","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Conciliation","content":"#### 40 Conciliation\n\n40 Conciliation\n\n> > (1) The Commissioner is to refer a complaint made by a party to an apprenticeship or traineeship to a conciliator in the first instance.\n> \n> > (2) The conciliator must attempt to bring the parties to a settlement acceptable to each of them.\n> \n> > (3) If such a settlement is not achievable, the Commissioner is to deal with the complaint in accordance with this Part.\n> \n> > (4) In this section—\n> > \n> > conciliator means a person employed in the Department who is authorised in writing by the Commissioner as a conciliator for the purposes of this section.\n> \n> **s 40:** Subst 2017 No 42, Sch 1 \\[44\\].","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Suspension of apprenticeships and traineeships pending hearing","content":"#### 41 Suspension of apprenticeships and traineeships pending hearing\n\n41 Suspension of apprenticeships and traineeships pending hearing\n\n> > (1) If the Commissioner is satisfied that the gravity of a complaint justifies such action, the Commissioner may, without prior notice to the employer and apprentice or trainee, suspend the relevant apprenticeship or traineeship pending the hearing of the complaint.\n> \n> > (2) The suspension of an apprenticeship or traineeship under this section has effect until the complaint is withdrawn or determined.\n> \n> **s 41:** Am 2017 No 42, Sch 1 \\[45\\].","sortOrder":54},{"sectionNumber":"42","sectionType":"section","heading":"Commissioner to fix time and place for hearing complaints","content":"#### 42 Commissioner to fix time and place for hearing complaints\n\n42 Commissioner to fix time and place for hearing complaints\n\n> The Commissioner must fix a time and place for the hearing of a complaint and must give notice of the time and place so fixed to the complainant and to each of the parties to the relevant apprenticeship or traineeship.\n> \n> **s 42:** Am 2017 No 42, Sch 1 \\[41\\].","sortOrder":55},{"sectionNumber":"43","sectionType":"section","heading":"Parties","content":"#### 43 Parties\n\n43 Parties\n\n> The parties to the hearing of a complaint are the complainant and each of the parties to the relevant apprenticeship or traineeship.","sortOrder":57},{"sectionNumber":"44","sectionType":"section","heading":"Procedure generally","content":"#### 44 Procedure generally\n\n44 Procedure generally\n\n> > (1) The Commissioner is not bound by the rules of evidence, and may be informed in any manner that the Commissioner thinks fit.\n> \n> > (2) A hearing must be conducted with as little formality and legal technicality as the circumstances of the case permit.\n> \n> > (3) A hearing must be conducted in the absence of the public.\n> \n> > (4) The Commissioner may from time to time adjourn a hearing to such time, date and place, and for such reasons, as the Commissioner considers fit.\n> \n> **s 44:** Am 2017 No 42, Sch 1 \\[46\\] \\[47\\].","sortOrder":58},{"sectionNumber":"45","sectionType":"section","heading":"Legal representation","content":"#### 45 Legal representation\n\n45 Legal representation\n\n> > (1) A party to a complaint is not entitled to be represented by an Australian legal practitioner except with the consent of the Commissioner and of each of the other parties to the hearing.\n> \n> > (2) This section—\n> > \n> > > (a) does not prevent a party from being represented by an industrial organisation, and\n> > \n> > > (b) does not prevent the Crown, or a party that is a corporation or an industrial organisation, from appearing by an Australian legal practitioner.\n> \n> > (3) At any hearing at which the Crown, or a party that is a corporation or an industrial organisation, appears by an Australian legal practitioner, each of the other parties to the hearing is entitled to be represented at the hearing by an Australian legal practitioner.\n> \n> > (4) In this section industrial organisation has the same meaning as it has in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> **s 45:** Am 2005 No 98, Sch 3.5; 2017 No 42, Sch 1 \\[41\\].","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Attendance of witnesses and production of documents","content":"#### 46 Attendance of witnesses and production of documents\n\n46 Attendance of witnesses and production of documents\n\n> > (1) The Commissioner—\n> > \n> > > (a) may require a person—\n> > > \n> > > > (i) to attend a hearing for the purpose of giving evidence, or\n> > > \n> > > > (ii) to produce to the Commissioner any document that is relevant to a hearing,\n> > > \n> > > at a time, date and place specified in a notice served on the person, and\n> > \n> > > (b) may require a person who attends a hearing to be sworn for the purpose of giving evidence on oath, and\n> > \n> > > (c) may administer an oath to a person who attends a hearing for the purpose of giving evidence.\n> \n> > (2) The Commissioner may retain possession of a document produced to the Commissioner under this section for such period as the Commissioner considers necessary for the purpose of completing the hearing.\n> \n> > (3) A person (other than a Public Service employee) who is required to attend or to give evidence at a hearing is entitled to be paid such allowances and expenses as may be prescribed by the regulations.\n> \n> > (4) A person must not fail to comply with a requirement to attend a hearing, or to produce a document, to the extent to which the person is lawfully able to comply with the requirement.\n> > \n> > Maximum penalty (subsection (4)): 50 penalty units.\n> \n> **s 46:** Am 2017 No 42, Sch 1 \\[41\\] \\[48\\]–\\[50\\].","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Witnesses to answer questions","content":"#### 47 Witnesses to answer questions\n\n47 Witnesses to answer questions\n\n> > (1) The Commissioner may require a person who attends a hearing to answer any question that is reasonably related to the hearing.\n> \n> > (2) A person may refuse to answer a question on the ground that the answer might tend to incriminate the person.\n> \n> > (3) A person—\n> > \n> > > (a) must not fail to comply with a requirement to answer a question, to the extent to which the person is lawfully able to comply with the requirement, and\n> > \n> > > (b) must not, in purported compliance with a requirement to answer a question, make a statement that the person knows to be false or misleading in a material particular.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) Subsection (3) (b) does not apply to statements made on oath.\n> \n> **s 47:** Am 2017 No 42, Sch 1 \\[48\\] \\[50\\].","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"Misconduct","content":"#### 48 Misconduct\n\n48 Misconduct\n\n> A person must not misconduct himself or herself at a hearing.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 48:** Am 2017 No 42, Sch 1 \\[50\\].","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Costs","content":"#### 49 Costs\n\n49 Costs\n\n> Each party to a hearing is to bear his or her own costs of the hearing.","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":null,"content":"#### 50\n\n50 (Repealed)","sortOrder":65},{"sectionNumber":"51","sectionType":"section","heading":"Determinations","content":"#### 51 Determinations\n\n51 Determinations\n\n> > (1) The Commissioner must determine a complaint made under section 39 (1) or (2)—\n> > \n> > > (a) by cautioning or reprimanding the person against whom the complaint has been made, or\n> > \n> > > (b) by ordering the person against whom the complaint has been made to make such redress (otherwise than by way of damages for breach of contract) as the Commissioner considers appropriate, or\n> > \n> > > (c) by varying, suspending or cancelling the apprenticeship or traineeship to which the complaint relates, or\n> > \n> > > (d) by dismissing the complaint.\n> \n> > (2) A complaint must not be determined as referred to in subsection (1) (a), (b) or (c) unless the Commissioner is satisfied that the person against whom the complaint has been made—\n> > \n> > > (a) has failed to discharge his or her obligations under the apprenticeship or traineeship to which the complaint relates, or\n> > \n> > > (b) has failed to comply with the requirements of this Act.\n> \n> > (3) The Commissioner must not suspend or cancel an apprenticeship or traineeship under subsection (1) unless the Commissioner is satisfied that—\n> > \n> > > (a) one of the parties is unlikely to discharge his or her obligations under the apprenticeship or traineeship, and\n> > \n> > > (b) if that party is the employer—\n> > > \n> > > > (i) the other party is unwilling to allow another employer to assume those obligations, or\n> > > \n> > > > (ii) no other employer can be found who is willing to assume those obligations.\n> \n> > (4) The Commissioner must determine a complaint made under section 39 (3)—\n> > \n> > > (a) by directing that the requirement for consent referred to in that subsection be waived, or\n> > \n> > > (b) by dismissing the complaint.\n> \n> > (5) The Commissioner must give notice of the Commissioner’s determination to each of the parties to the hearing.\n> \n> > (6) On the making of a determination that varies, suspends or cancels an apprenticeship or traineeship, the apprenticeship or traineeship is taken to be varied, suspended or cancelled, as the case may be, in accordance with the determination.\n> \n> **s 51:** Am 2017 No 42, Sch 1 \\[41\\] \\[52\\].","sortOrder":67},{"sectionNumber":"52","sectionType":"section","heading":"Orders for compensation","content":"#### 52 Orders for compensation\n\n52 Orders for compensation\n\n> > (1) If—\n> > \n> > > (a) the Commissioner dismisses a complaint made by an employer, and\n> > \n> > > (b) an apprenticeship or traineeship has been suspended by the Commissioner pending the hearing of the complaint, and\n> > \n> > > (c) the employer has, under the terms of employment between the employer and the apprentice or trainee—\n> > > \n> > > > (i) failed to give to the apprentice or trainee the whole, or any part, of any right or benefit (whether by way of remuneration or otherwise) to which the apprentice or trainee would, but for the suspension, be entitled, or\n> > > \n> > > > (ii) failed to contribute to any superannuation scheme the whole, or any part, of any payment which the employer would, but for the suspension, be required to contribute in relation to the apprentice or trainee,\n> > \n> > the Commissioner must direct the employer to pay to the apprentice or trainee, and to contribute to any such scheme, specified amounts equivalent to the value of any right or benefit that the employer has failed to give or the amount of any payment that the employer has failed to contribute.\n> \n> > (2) On the filing in the office or registry of a court having jurisdiction to order payment of an amount so specified of—\n> > \n> > > (a) a copy of the direction, certified by the Commissioner to be a true copy, and\n> > \n> > > (b) an affidavit by the apprentice or trainee specifying the amount unpaid under the direction,\n> > \n> > the direction is taken to be a judgment of that court for that amount.\n> \n> **s 52:** Am 2017 No 42, Sch 1 \\[41\\].","sortOrder":68},{"sectionNumber":"53","sectionType":"section","heading":"Orders prohibiting employer from entering into apprenticeships and traineeships","content":"#### 53 Orders prohibiting employer from entering into apprenticeships and traineeships\n\n53 Orders prohibiting employer from entering into apprenticeships and traineeships\n\n> > (1) If, in determining a complaint against an employer under section 39 (1) or (2), the Commissioner is of the opinion that it is appropriate to do so in the public interest, the Commissioner—\n> > \n> > > (a) may make an order declaring the employer to be a prohibited employer (a prohibition order), and\n> > \n> > > (b) if the Commissioner does so, may make a further order authorising the transfer to other employers of all or specified apprenticeships and traineeships to which the employer is party (including any apprentice or trainee involved in the proceedings on the complaint).\n> \n> > (1A) A prohibition order may be unlimited or limited as to particular circumstances specified in the order.\n> \n> > (2) A prohibition order may not be made unless the Commissioner—\n> > \n> > > (a) has given notice to the employer of the Commissioner’s intention to make such an order, and\n> > \n> > > (b) has given the employer at least 21 days within which to make submissions to the Commissioner with respect to the proposed order, and\n> > \n> > > (c) has taken any such submissions into consideration.\n> \n> > (2A) The Commissioner may vary a prohibition order by notice in writing to the employer.\n> \n> > (3) For the purposes of section 20 (4) (b), consent to the transfer of an apprentice or trainee to a new employer is not required from an existing employer the subject of an order referred to in subsection (1) (b).\n> \n> > (4) A prohibited employer must not employ an apprentice or trainee (including under a host employment arrangement) contrary to a prohibition order.\n> > \n> > Maximum penalty—200 penalty units.\n> \n> **s 53:** Am 2017 No 42, Sch 1 \\[41\\] \\[53\\]–\\[59\\].","sortOrder":69},{"sectionNumber":"Part 5","sectionType":"part","heading":"Reviews","content":"# Part 5 Reviews\n\nPart 5 Reviews\n\n**pt 5:** Subst 2013 No 95, Sch 9.1 \\[2\\]; 2017 No 42, Sch 1 \\[60\\].","sortOrder":70},{"sectionNumber":"54","sectionType":"section","heading":"Administrative review of decisions by Civil and Administrative Tribunal","content":"#### 54 Administrative review of decisions by Civil and Administrative Tribunal\n\n54 Administrative review of decisions by Civil and Administrative Tribunal\n\n> A person aggrieved by any of the following decisions of the Commissioner may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision—\n> \n> > (a) a decision to dismiss an application for establishment of an apprenticeship or traineeship,\n> \n> > (b) a decision to issue a vocational training direction,\n> \n> > (c) a decision to dismiss an application for approval to the transfer of an apprenticeship or traineeship,\n> \n> > (d) a decision to approve or dismiss an application for the variation of a training contract or training plan,\n> \n> > (e) a decision to suspend or cancel an apprenticeship or traineeship,\n> \n> > (f) a decision to refuse to register a person as an existing worker trainee,\n> \n> > (g) a decision to refuse to register a person or body as a group training organisation or to suspend or cancel the registration of a person or body as a group training organisation,\n> \n> > (h) a decision to refuse to issue a certificate of proficiency under Part 2 or 3,\n> \n> > (i) a decision determining a complaint under Part 4,\n> \n> > (j) a decision to give a direction under section 52,\n> \n> > (k) a decision to make an order declaring an employer to be a prohibited employer or authorising the transfer to other employers of an apprenticeship or traineeship.\n> \n> **s 54:** Subst 2013 No 95, Sch 9.1 \\[2\\]; 2017 No 42, Sch 1 \\[60\\].","sortOrder":71},{"sectionNumber":"55","sectionType":"section","heading":null,"content":"#### 55\n\n55 (Repealed)","sortOrder":72},{"sectionNumber":"Part 6","sectionType":"part","heading":"Administration","content":"# Part 6 Administration\n\nPart 6 Administration","sortOrder":74},{"sectionNumber":"56","sectionType":"section","heading":"Commissioner","content":"#### 56 Commissioner\n\n56 Commissioner\n\n> A Commissioner for Vocational Training is to be employed under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> **s 56:** Am 2017 No 42, Sch 1 \\[61\\].","sortOrder":76},{"sectionNumber":"57","sectionType":"section","heading":"Functions of Commissioner","content":"#### 57 Functions of Commissioner\n\n57 Functions of Commissioner\n\n> The Commissioner has such functions as are conferred or imposed on the Commissioner by or under this or any other Act.","sortOrder":77},{"sectionNumber":"58","sectionType":"section","heading":"Delegation by Commissioner","content":"#### 58 Delegation by Commissioner\n\n58 Delegation by Commissioner\n\n> The Commissioner may delegate to any person, or to any person belonging to a specified class of persons, any of the Commissioner’s functions (other than this power of delegation).\n> \n> **s 58:** Subst 2013 No 95, Sch 9.1 \\[3\\]. Am 2017 No 42, Sch 1 \\[62\\] \\[63\\].","sortOrder":78},{"sectionNumber":"65","sectionType":"section","heading":"Appointment of industry training officers","content":"#### 65 Appointment of industry training officers\n\n65 Appointment of industry training officers\n\n> > (1) The Commissioner may appoint such persons (whether Public Service employees or otherwise) as the Commissioner thinks fit to be industry training officers.\n> \n> > (2) An industry training officer (other than a Public Service employee) is entitled to such remuneration as the Commissioner may, with the approval of the Minister, determine in respect of the officer.","sortOrder":81},{"sectionNumber":"66","sectionType":"section","heading":"Functions of industry training officers","content":"#### 66 Functions of industry training officers\n\n66 Functions of industry training officers\n\n> The functions of an industry training officer are—\n> \n> > (a) to monitor the required training provided to apprentices and trainees, including the training provided by host employers under host employment arrangements and the supervision of training by employers who make use of host employment arrangements, and\n> \n> > (b) to report to the Commissioner on the adequacy of such training, either generally or in a particular case, and\n> \n> > (c) to advise and assist employers in relation to the provision of training to apprentices and trainees, and\n> \n> > (d) to advise and assist apprentices and trainees in relation to the training being provided to them, and\n> \n> > (e) to exercise such other functions as are conferred or imposed on industry training officers by or under this Act.","sortOrder":82},{"sectionNumber":"67","sectionType":"section","heading":"Powers of entry to premises","content":"#### 67 Powers of entry to premises\n\n67 Powers of entry to premises\n\n> > (1) An industry training officer may exercise any one or more of the following powers for the purpose of exercising the functions of such an officer under this Act—\n> > \n> > > (a) the officer may enter any premises or place in or on which a recognised trade vocation or recognised traineeship vocation is conducted,\n> > \n> > > (b) the officer may examine—\n> > > \n> > > > (i) any plant, equipment, material or substance used in relation to any such vocation, and\n> > > \n> > > > (ii) any document relating to any such vocation,\n> > > \n> > > found in or on the premises or place,\n> > \n> > > (c) the officer may take copies of, or extracts or notes from, any document relating to any such vocation found in or on the premises or place,\n> > \n> > > (d) the officer may require any person found in or on the premises or place to produce—\n> > > \n> > > > (i) any plant, equipment, material or substance used in relation to any such vocation, or\n> > > \n> > > > (ii) any document relating to any such vocation,\n> > > \n> > > that is in the possession or under the control of that person.\n> \n> > (2) A person must not fail to comply with a requirement made by an industry training officer under subsection (1) (d).\n> > \n> > Maximum penalty—200 penalty units.\n> \n> > (3) An industry training officer may exercise any power conferred by this section at any reasonable time during normal business hours.\n> \n> > (4) This section does not authorise the exercise of any power conferred by this section in or on any residential premises or in relation to any person found in or on any residential premises.\n> \n> > (5) In exercising in or on any premises or place any power conferred by this section, an industry training officer—\n> > \n> > > (a) must, if required to do so by a person apparently occupying the premises or place, produce to that person the officer’s certificate of identification, and\n> > \n> > > (b) must, as far as practicable, avoid doing anything which is likely to impede the lawful conduct of any vocation being carried out in or on the premises or place.\n> \n> > (6) For the purposes of this section, an industry training officer is to be issued with a certificate of identification that is in or to the effect of the form prescribed by the regulations.\n> \n> > (7) An industry training officer who is not a Public Service employee does not have, and may not exercise, the powers conferred by this section.\n> \n> **s 67:** Am 2017 No 42, Sch 1 \\[40\\].","sortOrder":83},{"sectionNumber":"68","sectionType":"section","heading":"Search warrants","content":"#### 68 Search warrants\n\n68 Search warrants\n\n> > (1) An industry training officer may apply to an authorised officer for a search warrant if the officer has reasonable grounds for believing that a provision of this Act or the regulations is being or has been contravened in or on any premises or place.\n> \n> > (2) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an industry training officer named in the warrant—\n> > \n> > > (a) to enter the premises or place, and\n> > \n> > > (b) to search the premises or place for evidence of a contravention of this Act or the regulations.\n> \n> > (3) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section.\n> \n> > (4) Without limiting the generality of section 71 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), a police officer—\n> > \n> > > (a) may accompany an industry training officer executing a search warrant issued under this section, and\n> > \n> > > (b) may take all reasonable steps to assist an industry training officer in the exercise of the officer’s functions under this section.\n> \n> > (5) An industry training officer who is not a Public Service employee does not have, and may not exercise, the powers conferred by this section.\n> \n> > (6) In this section—\n> > \n> > authorised officer has the same meaning as it has in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103).\n> \n> **s 68:** Am 2002 No 103, Sch 4.3 \\[1\\]–\\[4\\].","sortOrder":84},{"sectionNumber":"69","sectionType":"section","heading":"Obstruction of industry training officers","content":"#### 69 Obstruction of industry training officers\n\n69 Obstruction of industry training officers\n\n> A person must not assault, delay, obstruct, hinder or impede an industry training officer in the exercise of the officer’s functions under this Act.\n> \n> Maximum penalty—200 penalty units.\n> \n> **ss 69–71:** Am 2017 No 42, Sch 1 \\[40\\].","sortOrder":85},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":86},{"sectionNumber":"70","sectionType":"section","heading":"False or misleading information","content":"#### 70 False or misleading information\n\n70 False or misleading information\n\n> A person must not, in or in relation to any application under this Act, make any statement or furnish any information that the person knows to be false or misleading in a material particular.\n> \n> Maximum penalty—200 penalty units.\n> \n> **ss 69–71:** Am 2017 No 42, Sch 1 \\[40\\].","sortOrder":87},{"sectionNumber":"71","sectionType":"section","heading":"Disclosure of business information","content":"#### 71 Disclosure of business information\n\n71 Disclosure of business information\n\n> > (1) A person must not disclose any business information obtained in connection with the administration or execution of this Act unless that disclosure is made—\n> > \n> > > (a) with the consent of the person from whom the information was obtained, or\n> > \n> > > (b) in connection with the administration or execution of this Act, or\n> > \n> > > (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or\n> > \n> > > (d) in accordance with a requirement imposed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or\n> > \n> > > (e) with other lawful excuse.\n> > \n> > Maximum penalty—200 penalty units.\n> \n> > (2) In this section business information means—\n> > \n> > > (a) trade secrets, or\n> > \n> > > (b) information (other than trade secrets) that is of commercial value, or\n> > \n> > > (c) information concerning the business or financial affairs of the person from whom the information is obtained.\n> \n> **ss 69–71:** Am 2017 No 42, Sch 1 \\[40\\].","sortOrder":88},{"sectionNumber":"72","sectionType":"section","heading":"Contraventions of Act that give rise to offences","content":"#### 72 Contraventions of Act that give rise to offences\n\n72 Contraventions of Act that give rise to offences\n\n> A contravention of this Act does not give rise to an offence except to the extent to which this Act expressly states or necessarily implies.","sortOrder":89},{"sectionNumber":"73","sectionType":"section","heading":"Proceedings for offences","content":"#### 73 Proceedings for offences\n\n73 Proceedings for offences\n\n> > (1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.\n> \n> > (2) Proceedings for an offence against this Act or the regulations are not to be instituted otherwise than by—\n> > \n> > > (a) the Minister or the Commissioner, or\n> > \n> > > (b) a person duly authorised by the Minister or the Commissioner in that behalf, either generally or in a particular case.\n> \n> Note.\n> \n> Section 382 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) provides that the jurisdiction of the Local Court under this section is exercisable by an Industrial Local Court Judge.\n> \n> **s 73:** Am 2007 No 94, Schs 2, 4; 2025 No 61, Sch 2.1.","sortOrder":90},{"sectionNumber":"73A","sectionType":"section","heading":"Penalty notices","content":"#### 73A Penalty notices\n\n73A Penalty notices\n\n> > (1) A penalty notice officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note.\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> > (6) In this section, penalty notice officer means a person authorised in writing by the Commissioner as a penalty notice officer for the purposes of this section.\n> \n> **s 73A:** Ins 2017 No 42, Sch 1 \\[65\\].","sortOrder":91},{"sectionNumber":"74","sectionType":"section","heading":"Applications and notices","content":"#### 74 Applications and notices\n\n74 Applications and notices\n\n> > (1) An application under this Act must be made in the manner and form approved by the Commissioner.\n> \n> > (2) A notice that the Commissioner is required or permitted to give to a person may be served personally or by means of a letter addressed to the person at the person’s address last known to the Commissioner.\n> \n> **s 74:** Am 2013 No 95, Sch 9.1 \\[5\\]; 2017 No 42, Sch 1 \\[66\\].","sortOrder":92},{"sectionNumber":"75","sectionType":"section","heading":"Fees","content":"#### 75 Fees\n\n75 Fees\n\n> The matters for which fees are payable under this Act, the amount of any such fees and the circumstances in which any such fees may be waived, postponed or remitted are to be prescribed by the regulations.","sortOrder":93},{"sectionNumber":"76","sectionType":"section","heading":"Evidentiary certificates","content":"#### 76 Evidentiary certificates\n\n76 Evidentiary certificates\n\n> A certificate that is signed by the Commissioner and that certifies that on a specified date or during a specified period—\n> \n> > (a) a specified person was or was not an industry training officer, or\n> \n> > (b) the provisions of a specified vocational training direction were or were not in specified terms, or\n> \n> > (c) a specified person was or was not a party to an apprenticeship or traineeship, or\n> \n> > (d) the provisions of a specified training contract were or were not in specified terms, or\n> \n> > (e) a specified person was or was not registered as an existing worker trainee, or\n> \n> > (f) a specified person or body was or was not a registered group training organisation, or\n> \n> > (g) a specified person or body was or was not a prohibited employer,\n> \n> is admissible in any proceedings and is evidence of the fact or facts so certified.","sortOrder":94},{"sectionNumber":"77","sectionType":"section","heading":"Liability","content":"#### 77 Liability\n\n77 Liability\n\n> A matter or thing done or omitted to be done by—\n> \n> > (a) the Commissioner, or\n> \n> > (b), (c) (Repealed)\n> \n> > (d) an industry training officer, or\n> \n> > (e) any person acting under the direction of the Commissioner,\n> \n> does not subject the Commissioner, any industry training officer or any person so acting, personally, to any action, liability, claim or demand if the matter or thing was done in good faith for the purposes of executing this Act.\n> \n> **s 77:** Am 2013 No 95, Sch 9.1 \\[6\\]–\\[8\\]; 2017 No 42, Sch 1 \\[21\\] \\[67\\] \\[68\\].","sortOrder":95},{"sectionNumber":"78","sectionType":"section","heading":null,"content":"#### 78\n\n78 (Repealed)","sortOrder":96},{"sectionNumber":"79","sectionType":"section","heading":"Act binds Crown","content":"#### 79 Act binds Crown\n\n79 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":98},{"sectionNumber":"80","sectionType":"section","heading":"Relationship with Industrial Relations Act 1996","content":"#### 80 Relationship with Industrial Relations Act 1996\n\n80 Relationship with [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)\n\n> In the event of an inconsistency between—\n> \n> > (a) the provisions of this Act, or of any regulation, vocational training order or vocational training direction made under this Act, and\n> \n> > (b) the provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) or of any regulation, order, award or agreement under that Act (other than a provision with respect to existing worker trainees),\n> \n> the provisions referred to in paragraph (a) prevail to the extent of the inconsistency.","sortOrder":99},{"sectionNumber":"81","sectionType":"section","heading":"Regulations","content":"#### 81 Regulations\n\n81 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n> > \n> > > (a) the lodgment, variation and withdrawal of applications, and\n> > \n> > > (b) the proportion of apprentices to skilled tradespersons who may be employed by employers in specified trades or vocations, and\n> > \n> > > (c) the training to be provided for and undertaken by apprentices and trainees, and\n> > \n> > > (d) the supervision of apprentices and trainees by their employers, and\n> > \n> > > (d1) assessments for the purpose of determining whether a person has acquired the competencies of a recognised trade vocation (including consultation processes to be conducted in connection with the determination of assessment standards and procedures), and\n> > \n> > > (e) the facilities to be provided for apprentices and trainees for the purpose of their being trained by their employers, and\n> > \n> > > (f) the keeping of progress cards and records, and\n> > \n> > > (g) the forms to be used for the purposes of this Act, and\n> > \n> > > (h) the use of electronic communication, electronic data storage and electronic signatures for the purpose of making applications, sending notices and keeping records for the purposes of this Act, and\n> > \n> > > (i) any other matter relating to the training of apprentices and trainees by their employers.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 100 penalty units.\n> \n> **s 81:** Am 2017 No 42, Sch 1 \\[70\\] \\[71\\].","sortOrder":100},{"sectionNumber":"82","sectionType":"section","heading":"Repeals","content":"#### 82 Repeals\n\n82 Repeals\n\n> The [Industrial and Commercial Training Act 1989](/view/html/repealed/current/act-1989-077) is repealed.","sortOrder":101},{"sectionNumber":"83","sectionType":"section","heading":null,"content":"#### 83\n\n83 (Repealed)","sortOrder":102},{"sectionNumber":"84","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 84 Savings, transitional and other provisions\n\n84 Savings, transitional and other provisions\n\n> Schedule 4 has effect.","sortOrder":104},{"sectionNumber":"85","sectionType":"section","heading":"Review of Act","content":"#### 85 Review of Act\n\n85 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as practicable after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":105},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedules 1–3","sortOrder":106},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n(Section 84)\n\n**sch 4:** Am 2003 No 40, Sch 1.2 \\[5\\]; 2013 No 95, Sch 9.1 \\[10\\]–\\[12\\]; 2017 No 42, Sch 1 \\[73\\].","sortOrder":107}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, as contained in the provided text, has been amended over time and several provisions expand or alter the original administrative and review pathways. Notable scope changes in the current text include: insertion of training plan obligations and a 12-week compliance period for RTO-prepared plans (s 12A); expanded Commissioner discretion to make technical and substantive variations to training contracts and plans (s 21A); movement of review pathways to NCAT for many Commissioner decisions (s 54 and Part 5 transitional clauses); explicit State-level displacement language in relation to the Commonwealth National Vocational Education and Training Regulator Act (s 3A); and changes to dispute-resolution architecture (conciliation, suspension pending hearings, and private informal hearings—ss 40, 41, 44). The Schedules and amendment notes show additional structural changes (transfer of tribunals/panels, transitional treatment of earlier Act provisions) that alter administrative routes and institutional responsibilities relative to the 1989 and earlier arrangements (Schedule 4 and Parts 2–5 of that Schedule). These are changes of scope in administrative process, review routes and regulatory emphasis rather than narrow technical edits."},"complexity_factors":["Broad discretionary powers vested in the Commissioner over designation, orders, directions, variations and prohibition orders (ss 5, 6, 10, 21A, 53).","Multiple actors with overlapping roles and obligations: Commissioner, industry training officers, employers, apprentices/trainees, registered training organisations, and tribunals (various provisions including ss 16A, 66, 28, 54).","Numerous statutory timelines and procedural steps (e.g. 28 days for applications s 7(2); 14 days for notifications s 15; 21-day consent periods ss 20(5)–(6), 21(5)–(6); 12 weeks for training plan s 12A(5)).","Interaction and displacement language with Commonwealth VET regulation creating inter-jurisdictional complexity (s 3A).","Detailed compliance and record-keeping duties for RTOs and employers, including periodic plan reviews and statutory notifications (ss 12A, 16A, 15).","Enforcement architecture combining administrative remedies, criminal penalties and civil enforcement (ss 51, 52, 69–73A).","Transitional and amendment history embedded in Schedules and clauses, and continuing effect of older instruments (Schedule 4 and multiple amendment notes)."],"plain_english_summary":"### What this law does, in plain terms\n\nThis Act sets up how apprenticeships and traineeships are created, run, monitored and enforced in New South Wales. It assigns the Commissioner for Vocational Training broad administrative authority to recognise vocations, set training terms, approve and register apprenticeships and traineeships, keep official registers, and resolve disputes. The Act also sets duties and reporting obligations for employers, apprentices/trainees and registered training organisations (RTOs), and provides enforcement tools (penalties, inspections, suspension/cancellation and prohibition orders).\n\nMechanically, the Act does the following:\n\n- Gives the Commissioner power to issue vocational training guidelines and vocational training orders that define recognised vocations, appropriate terms, probationary periods, required qualifications and competency units (ss 4, 5, 6). Those instruments must be published and made publicly available (s 4(3), s 6(4)–(6)).\n- Requires employers who employ (or propose to employ) apprentices/trainees to apply to the Commissioner to establish the apprenticeship/traineeship and to lodge a training contract and a training plan or proposal (s 7). Employers must apply within 28 days of employing an apprentice/trainee (s 7(2)).\n- Treats a training contract as legally binding like a deed once approved or on expiry of the probationary period (s 12). Training plans must be prepared by the relevant RTO, lodged as required and reviewed periodically (ss 12A, 16A). RTOs have notification and record-keeping duties (ss 12A(7), 16A(1)(d), 16A(2)).\n- Imposes duties on employers to provide work-based training in accordance with the training plan/orders and to employ apprentices/trainees under conditions no less favourable than the applicable industrial award or agreement (ss 13, 17). Employers who use host employment arrangements remain liable for obligations (s 14).\n- Establishes the Commissioner’s procedural powers over applications (approve or dismiss), to issue vocational training directions (including varying terms or approving alternative training) and to make technical or substantive variations to contracts and plans (ss 8, 10, 21A).\n- Provides dispute-handling and disciplinary processes: complaints are made to the Commissioner, initial conciliation is required, hearings are informal and private, and the Commissioner can order redress, vary/suspend/cancel apprenticeships or prohibit employers from entering into apprenticeships (ss 39–51, 53). The Commissioner may suspend an apprenticeship without prior notice where the gravity of a complaint justifies it (s 41).\n- Sets up registers of apprenticeships/traineeships and of determinations, and authorises information sharing with revenue authorities and, in particular circumstances, the Australian Skills Quality Authority (ss 28, 38, 23(4), 36(8)).\n- Grants industry training officers powers to inspect workplaces, examine and copy documents and, where necessary, apply for search warrants; it creates offences for obstructing officers or supplying false information (ss 67–69, 70).\n- Prescribes offences, penalties and summary procedures, and allows penalty notices as prescribed (ss 72–73A). Fees and other administrative matters are to be set by regulation (ss 75, 81).\n- Sets an administrative review route for aggrieved persons to the Civil and Administrative Tribunal (NCAT) for a range of Commissioner decisions (s 54).\n\nOfficial purpose-claims and how they work mechanically\n\n- The Act frames itself to establish quality and consistency in vocational training by (a) empowering the Commissioner to specify training content and terms (ss 4, 6), (b) requiring written training contracts and plans (ss 7, 12A) and (c) giving RTOs and industry training officers duties to monitor and report (ss 16A, 66). Those mechanics create centralised standards and monitoring points administered by the Commissioner and RTOs.\n\nTesting those purpose-claims against costs, incentives and trade-offs (source-cited)\n\n- Who pays and who bears compliance burden: Employers bear most direct compliance costs — preparing and submitting training contracts and plans (s 7(3)–(5)), providing facilities, supervision and release time (ss 13, 14), notifying the Commissioner of key events (s 15), and facing penalties for non-compliance (e.g. s 7(2) 100 penalty units; s 14(3) 200 penalty units). RTOs must prepare, lodge and retain training plans, review plans every six months and notify the Commissioner when qualifications are earned (ss 12A(3)–(7), 16A(1)–(2)); those duties carry maximum penalties (s 12A(5), s 16A second paragraph). Apprentices/trainees must make reasonable efforts to acquire competencies and perform as employees (s 16) but are protected from being required to pay for entry into apprenticeships except approved RTO training fees (s 33(1)–(2)).\n\n- Concentrated benefits and eligibility signals: Registration (of an apprenticeship, a training organisation or as an existing worker trainee) can make parties eligible for Commonwealth or State incentive payments (notes and s 30 note, s 31 note, Division 2 note). The Act does not itself grant incentives but links registration to external payment schemes, which creates a concentrated private benefit to entities that secure registration.\n\n- Bureaucratic discretion and decision-making: The Commissioner has broad discretion over designation of recognised vocations (s 5), content and terms of vocational training orders (s 6), issuing training directions (s 10) and varying contracts/plans including on the Commissioner’s own initiative (s 21A). Some decisions are constrained by consultation or guideline requirements (s 6(3), s 3A cross-references), and industry input is required for certain recognition processes (s 6(3), s 37(4)). Discretion is operationalised through published guidelines and Gazette notices (s 4(1)–(3), s 6(4)–(6)).\n\n- Enforcement and compliance risk: The Act provides inspection/search powers (ss 67–68), penalties for obstruction and false information (ss 69, 70), and mechanisms to suspend apprenticeships pending complaints (s 41) and to make prohibition orders against employers (s 53). These enforcement tools shift monitoring costs onto the regulator and put compliance risk squarely on employers and RTOs.\n\n- Conflict-avoidance and assessment integrity: For recognition and assessment of prior training, the Commissioner may require an independent competency assessment and prohibits nominating an RTO that previously trained the applicant (s 36(2)–(3)). For certified vocations, industrial representatives must unanimously recommend before recognition is given (s 37(4)(a)–(b)), adding a cross-stakeholder safeguard to recognition decisions (and potential delay/cost).\n\n- Interaction with Commonwealth VET regulation: The Act contains a specific provision addressing the Commonwealth National Vocational Education and Training Regulator Act — it declares the State apprenticeship and traineeship regulation provisions to be an excluded matter to the extent necessary to permit their application to NVR-registered training organisations and declares each provision a VET legislation displacement provision (s 3A(2)–(3)). That provision changes the intergovernmental legal setting by preserving the State’s regulatory reach over certain training activities.\n\nImplementation and opportunity-cost notes\n\n- Administrative reliance: The statutory design centralises many practical choices with the Commissioner (designation, orders, directions, approvals, prohibition orders, and delegations) and with RTOs for plan preparation and assessment (ss 4, 5, 6, 10, 12A, 21A, 16A). The practical achievement of the Act’s objectives therefore depends on Commissioner resourcing and RTO capacity.\n\n- Procedural timelines and multiple statutory time limits increase operational complexity: 28 days for employer applications (s 7(2)); 14 days for employer notifications (s 15); 21 days response periods for consent notices (ss 20(5)–(6), 21(5)–(6)); 12 weeks for RTOs to prepare a training plan if not lodged (s 12A(5)).\n\n- Private choice effects: Employers’ hiring and placement choices are constrained by the Act (for example, juniors must be apprentices or qualified tradespersons in recognised trade vocations — s 25). Prospective apprentices/trainees are protected from upfront payments or bonds (s 33). The Act also enables transfers of apprenticeships (s 20) and employer prohibition orders (s 53), changing the contract landscape for parties in cases of non-compliance.\n\nKey statutory pointers (examples of where to look in the Act)\n\n- Commissioner powers and obligations: ss 4–6, 8–12A, 21A, 22, 23, 28, 53, 58.\n- Employer duties and penalties: ss 7, 13–15, 17, 25, 33.\n- RTO duties and assessment rules: ss 12A, 16A, 36, 37.\n- Inspection, enforcement and hearings: ss 40–51, 67–68, 70, 73–73A.\n- Registers, information-sharing and privacy-related disclosure to ASQA: ss 28, 23(4), 36(8), 71.\n- Interaction with Commonwealth VET regulator: s 3A.\n\nOverall, the Act creates a centralised administrative framework that defines recognised vocations, requires written contracts and training plans, allocates monitoring and inspection powers to industry training officers, imposes duties and reporting obligations on employers and RTOs, and vests the Commissioner with substantial discretion to regulate, vary and enforce apprenticeships and traineeships (see especially ss 4–6, 7–12A, 16A, 21A, 28, 36, 53)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1136},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2001 scope. Major expansions include: (1) 2017 amendments that abolished the Vocational Training Review Panel and transferred functions to NCAT, removing an entire tier of specialist review; (2) insertion of section 3A to manage complex interactions with Commonwealth VET regulation; (3) addition of detailed training plan requirements (s 12A) and registered training organisation duties (s 16A); (4) insertion of penalty notice provisions (s 73A); and (5) extensive transitional arrangements for multiple structural changes. The original apprenticeship administration framework has been overlaid with national training system compliance requirements."},"complexity_factors":["Multiple overlapping approval processes (Commissioner, training organisations, industrial representatives for certified vocations)","Extensive cross-referencing with Commonwealth VET legislation (National Vocational Education and Training Regulator Act 2011)","Numerous transitional provisions across multiple amending Acts spanning 2003–2017","Conditional logic for different types of vocations (trade vs traineeship, certified vs non-certified)","Host employment arrangements create layered employer responsibilities","21-day deemed consent provisions in multiple sections","Interaction with industrial awards and agreements creates parallel compliance obligations","Preservation of existing worker conditions requires careful status tracking","Multiple review pathways (Commissioner conciliation, hearings, NCAT) with different rules","Penalty unit calculations require cross-reference to Crimes Act provisions"],"plain_english_summary":"This NSW law sets up the rules for apprenticeships and traineeships in the state. Here's what it does:\n\n**Who it covers**\n- **Employers** who want to take on apprentices or trainees\n- **Apprentices** — people learning a recognised trade (like plumbing, electrical work, etc.)\n- **Trainees** — people learning a recognised traineeship vocation (which can include parts of trades or other occupations)\n- **Registered training organisations** — the places that provide the formal training component\n- **Group training organisations** — businesses that employ apprentices and trainees and place them with host employers\n\n**What the law does**\n\n*Sets up the system:*\n- The **Commissioner for Vocational Training** oversees everything — approving apprenticeships, issuing guidelines, and making orders about how training should work\n- The Commissioner can designate which jobs count as \"recognised trade vocations\" (for apprenticeships) and \"recognised traineeship vocations\" (for traineeships)\n\n*Creates training contracts and plans:*\n- Employers must apply to establish an apprenticeship or traineeship within 28 days of employing someone\n- Applications need a **training contract** (signed by employer and apprentice/trainee) and a **training plan proposal** (endorsed by the training organisation)\n- Once approved, the training contract works like a formal deed (a serious legal document)\n- Training plans must spell out who provides what training, what qualification the person will get, and what skills they'll learn\n\n*Sets out everyone's duties:*\n- **Employers** must provide proper work-based training, release people for formal training, and keep the Commissioner informed of problems\n- **Apprentices/trainees** must make reasonable efforts to learn their skills and get their qualification\n- **Training organisations** must review training plans every 6 months, keep the Commissioner informed, and confirm with employers before deciding someone has completed their competencies\n\n*Handles changes and problems:*\n- Apprenticeships and traineeships can be **transferred** to new employers, **varied** (changed), **suspended**, or **cancelled**\n- Either party can withdraw during a probationary period\n- The Commissioner can issue **vocational training directions** to adjust terms or approve alternative training\n\n*Protects people:*\n- Juniors generally can't work in trade jobs unless they're apprentices or already qualified\n- Existing workers who become trainees keep their existing pay and conditions — the traineeship can't make them worse off\n- Apprentices and trainees can't be forced to pay fees or give bonds (except normal training fees to the training organisation)\n- Minors are presumed to benefit from training contracts\n\n*Deals with disputes:*\n- Complaints go to the Commissioner first, who tries **conciliation** (informal settlement)\n- If that fails, there's a formal hearing process\n- The Commissioner can caution people, order them to make things right, or suspend/cancel the apprenticeship or traineeship\n- **Prohibited employers** can be banned from taking on apprentices or trainees\n- Decisions can be reviewed by the NSW Civil and Administrative Tribunal (NCAT)\n\n*Recognises other qualifications:*\n- Defence Force trade training can be recognised\n- People with overseas or other experience can apply to have their skills recognised without doing a full apprenticeship\n\n*Has enforcement powers:*\n- **Industry training officers** can enter workplaces, inspect documents and equipment, and issue penalty notices\n- They can get search warrants if they suspect breaches\n- Various offences carry fines up to 200 penalty units\n\n**Why it matters**\nThis law ensures apprentices and trainees get proper, structured training that meets industry standards. It protects young and vulnerable workers from exploitation, makes sure employers do their part, and creates a clear pathway for people to gain recognised qualifications. It also lets experienced workers (including from the Defence Force or overseas) get their skills recognised without starting from scratch."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has evolved since its 2001 enactment. The replacement of the Vocational Training Tribunal with the Vocational Training Review Panel (in 2013) suggests a structural change in how disputes are handled — shifting from a tribunal model (more formal, quasi-judicial) to a review panel model (typically less formal). Terminology updates replacing 'public servant' with 'Public Service employee' (in 2017) reflect broader NSW public sector reforms. These changes indicate the scope and administrative machinery of the Act has been refined over time, though its core purpose of regulating apprenticeships and traineeships appears to have remained consistent."},"complexity_factors":["The document provided is primarily metadata and version history rather than the full Act text, limiting detailed analysis","Multiple amendments over 25 years (at least 18 distinct version periods) create layered legislative history that can be difficult to track","Interaction with other legislation (e.g., Interpretation Act 1987, Administrative Arrangements Orders) adds cross-referencing complexity","Renaming of key bodies (Vocational Training Tribunal became Vocational Training Review Panel) may cause confusion when reading older versions or related documents","Sits within a broader national vocational education and training (VET) framework, meaning federal laws and standards also apply alongside this state Act","Regulatory scheme involves multiple parties (apprentices, employers, training providers, government bodies) with distinct rights and obligations"],"plain_english_summary":"## Apprenticeship and Traineeship Act 2001 (NSW)\n\n**What is this?**\nThis is a New South Wales law that governs how apprenticeships and traineeships work in the state. It sets the rules for formal training arrangements where someone learns a trade or skill while working — like becoming an electrician, plumber, hairdresser, or childcare worker.\n\n**Who does it affect?**\n- **Apprentices and trainees** — people learning a trade or vocation on the job\n- **Employers** — businesses that take on apprentices or trainees\n- **Training providers** — organisations like TAFE that deliver the formal study component\n- **Government regulators** — the department overseen by the Minister for Skills, TAFE and Tertiary Education\n\n**What does it do?**\nThe Act creates the legal framework for:\n- Setting up and registering training contracts (the formal agreement between an employer and apprentice/trainee)\n- Defining the rights and obligations of employers and apprentices/trainees\n- Allowing the government to approve, suspend, or cancel training arrangements\n- Establishing a **Vocational Training Review Panel** (a body that hears disputes or reviews decisions about training arrangements — previously called the Vocational Training Tribunal)\n- Enforcing standards and dealing with non-compliance\n\n**Why does it matter?**\nIf you're starting an apprenticeship or traineeship in NSW, or if you're an employer hiring one, this law defines your legal rights and responsibilities. It protects apprentices from being exploited and gives employers a clear framework to follow. It also sets up a process for resolving disputes if things go wrong.\n\n**Note:** This law has been updated multiple times since 2001, most recently in March 2026, reflecting ongoing adjustments to how vocational training is administered in NSW."}},"importantCases":[],"_links":{"self":"/api/acts/apprenticeship-and-traineeship-act-2001","history":"/api/acts/apprenticeship-and-traineeship-act-2001/history","analysis":"/api/acts/apprenticeship-and-traineeship-act-2001/analysis","conflicts":"/api/acts/apprenticeship-and-traineeship-act-2001/conflicts","importantCases":"/api/acts/apprenticeship-and-traineeship-act-2001/important-cases","documents":"/api/acts/apprenticeship-and-traineeship-act-2001/documents"}}