{"id":"nsw:sl-2024-0403","name":"Apprenticeship and Traineeship Regulation 2024","slug":"apprenticeship-and-traineeship-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"403 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174414,"registerId":"nsw-sl-2024-0403-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 regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Apprenticeship and Traineeship Regulation 2024](/view/pdf/asmade/sl-2024-403).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [Apprenticeship and Traineeship Regulation 2017](/view/html/repealed/current/sl-2017-0229), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Apprenticeships and traineeships","content":"# Part 2 Apprenticeships and traineeships\n\nPart 2 Apprenticeships and traineeships","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Applications for establishment of apprenticeships and traineeships—the Act, s 7(7)","content":"#### 4 Applications for establishment of apprenticeships and traineeships—the Act, s 7(7)\n\n4 Applications for establishment of apprenticeships and traineeships—the Act, s 7(7)\n\n> > (1) An application for the establishment of an apprenticeship or traineeship must be in the form approved by the Commissioner.\n> \n> > (2) An application may be varied or withdrawn by written notice given to the Commissioner by—\n> > \n> > > (a) the applicant, or\n> > \n> > > (b) for an application lodged by an agent—the agent.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Applications by agent—the Act, s 7(5C) and (7)","content":"#### 5 Applications by agent—the Act, s 7(5C) and (7)\n\n5 Applications by agent—the Act, s 7(5C) and (7)\n\n> > (1) An agent must lodge a declaration, in the form approved by the Commissioner, with an application for the establishment of an apprenticeship or traineeship.\n> \n> > (2) The declaration must verify the following—\n> > \n> > > (a) the agent has entered into an agreement with the Commissioner to facilitate the provision and coordination of support services for employers, apprentices and trainees,\n> > \n> > > (b) the agent is satisfied the prospective employer is able to provide the work-based component of the required training in the relevant vocation,\n> > \n> > > (c) the agent is satisfied the apprentice or trainee is able to undertake the required training in the relevant vocation,\n> > \n> > > (d) other matters relating to the appropriateness of the proposed apprenticeship or traineeship specified in the approved form.\n> > \n> > Note—\n> > \n> > See the Act, section 70.\n> \n> > (3) An agent who has lodged an application must—\n> > \n> > > (a) keep the following documents for 7 years—\n> > > \n> > > > (i) an electronic copy of the relevant training contract, and\n> > > \n> > > > (ii) the associated documents relating to the application, and\n> > \n> > > (b) if requested by the Commissioner during the 7-year period and reasonable notice is given—make the documents available for inspection by the Commissioner.\n> > \n> > Maximum penalty—100 penalty units.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Juniors may be employed in certain trade vocations—the Act, s 25(2)(c)","content":"#### 6 Juniors may be employed in certain trade vocations—the Act, s 25(2)(c)\n\n6 Juniors may be employed in certain trade vocations—the Act, s 25(2)(c)\n\n> > (1) For the Act, section 25(2)(c), the following recognised trade vocations are exempt—\n> > \n> > > (a) for a junior who holds a relevant beauty therapy qualification—beauty therapy,\n> > \n> > > (b) for a junior who holds an authorised qualification issued by a registered training organisation—hairdressing.\n> \n> > (2) In this section—\n> > \n> > authorised qualification has the same meaning as in the [Hairdressers Act 2003](/view/html/inforce/current/act-2003-062), section 4.\n> > \n> > relevant beauty therapy qualification means—\n> > \n> > > (a) a Certificate IV in Beauty Therapy, SHB40115, or\n> > \n> > > (b) an equivalent qualification issued by a recognised training organisation.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Employer to keep training records—the Act, s 81(1)(f)","content":"#### 7 Employer to keep training records—the Act, s 81(1)(f)\n\n7 Employer to keep training records—the Act, s 81(1)(f)\n\n> > (1) The employer of an apprentice or trainee must keep a record of each occasion on which the apprentice or trainee is released to undertake training delivered by a relevant registered training organisation.\n> \n> > (2) The record must include—\n> > \n> > > (a) the duration of the period for which the apprentice or trainee was released, and\n> > \n> > > (b) whether or not the apprentice or trainee was paid for the period.\n> \n> > (3) The Commissioner may require an employer to give the Commissioner the records.","sortOrder":8},{"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":9},{"sectionNumber":"8","sectionType":"section","heading":"Applications for trade recognition—the Act, s 37(8)","content":"#### 8 Applications for trade recognition—the Act, s 37(8)\n\n8 Applications for trade recognition—the Act, s 37(8)\n\n> > (1) The Commissioner may require an applicant for recognition of qualifications or experience in a recognised trade vocation to give information reasonably necessary to determine the application.\n> \n> > (2) Without limiting subsection (1), the Commissioner may require the applicant to give 1 or more of the following—\n> > \n> > > (a) written verification of work undertaken by the applicant in the recognised trade vocation issued by a current or recent employer of the applicant,\n> > \n> > > (b) a transcript issued by a registered training organisation verifying the applicant’s training in the recognised trade vocation,\n> > \n> > > (c) a copy of the evidence of learning used by the registered training organisation to issue the transcript.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Independent competency assessments—the Act, s 81(1)(d1)","content":"#### 9 Independent competency assessments—the Act, s 81(1)(d1)\n\n9 Independent competency assessments—the Act, s 81(1)(d1)\n\n> > (1) A registered training organisation must conduct an independent competency assessment to assess whether an applicant has acquired the competencies of a recognised trade vocation by 1 or more of the following means, as determined by the Commissioner for the application—\n> > \n> > > (a) identifying the competencies previously obtained by the applicant that satisfy the requirements of an appropriate qualification,\n> > \n> > > (b) evaluating work-related evidence supplied by the applicant,\n> > \n> > > (c) assessing theoretical knowledge relevant to the recognised trade vocation,\n> > \n> > > (d) conducting a practical assessment of the applicant’s skills in the recognised trade vocation.\n> \n> > (2) The registered training organisation must give the following details relating to a completed independent competency assessment to the Commissioner—\n> > \n> > > (a) the name and student identifier of the applicant,\n> > \n> > > (b) any work-related evidence supplied to the registered training organisation by the applicant, including written verification of work undertaken by the applicant in the recognised trade vocation issued by a current or recent employer of the applicant,\n> > \n> > > (c) the procedures followed by the registered training organisation to verify the applicant’s practical skills that satisfy the requirements of an appropriate qualification,\n> > \n> > > (d) a copy of the report of the results of the assessment.\n> \n> > (3) In this section—\n> > \n> > student identifier has the same meaning as in the [Student Identifiers Act 2014](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Certificates of identification","content":"#### 10 Certificates of identification\n\n10 Certificates of identification\n\n> > (1) The Commissioner must give the following persons a certificate of identification in the form set out at the end of this section—\n> > \n> > > (a) a conciliator under the Act, section 40,\n> > \n> > > (b) a penalty notice officer under the Act, section 73A.\n> \n> > (2) For the Act, section 67(6), the form set out at the end of this section is prescribed as the form of the certificate of identification for an industry training officer.\n> \n> > (3) The certificate may be issued digitally or in hard copy.\n> \n> [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080)\n> \n> I, the Commissioner for Vocational Training, certify that the holder of this certificate \\[*insert name of holder*\\] is \\[\\**a conciliator/an industry training officer/a penalty notice officer*\\] under the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080).\n> \n> |  |  |  |\n> |  |  | Signature of holder: [insert signature] |\n> |  | [affix photograph here] |  |\n> |  |  | Signature of Commissioner: [insert signature] |\n> |  |  |  |\n> \n> \\*Omit a conciliator, an industry training officer or a penalty notice officer, or any combination of them, as required.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Witnesses’ expenses—the Act, s 46(3)","content":"#### 11 Witnesses’ expenses—the Act, s 46(3)\n\n11 Witnesses’ expenses—the Act, s 46(3)\n\n> For the Act, section 46(3), the allowances and expenses that would be payable if the proceedings were before the Civil and Administrative Tribunal of New South Wales are prescribed.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Fees—the Act, s 75","content":"#### 12 Fees—the Act, s 75\n\n12 Fees—the Act, s 75\n\n> > (1) For the Act, section 75, the matters for which fees are payable and the amount of the fees are prescribed as follows—\n> > \n> > > (a) dealing with an application lodged under the Act, section 36 for recognition of a person’s qualifications or experience in a particular recognised trade vocation—$200,\n> > \n> > > (b) conducting an examination, test or work-based assessment for the Act, section 35, 36 or 37 to ascertain whether the person has acquired the competencies of a particular recognised trade vocation—$350,\n> > \n> > > (c) issuing a replacement certificate of proficiency—$60,\n> > \n> > > (d) verifying the authenticity of a certificate of proficiency—$60.\n> \n> > (2) The Commissioner may waive, postpone or remit the amount of a fee referred to in subsection (1) if—\n> > \n> > > (a) the fee is harsh or unconscionable, or\n> > \n> > > (b) it would be otherwise inappropriate to charge the fee.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Savings","content":"#### 13 Savings\n\n13 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Apprenticeship and Traineeship Regulation 2017](/view/html/repealed/current/sl-2017-0229), had effect under that regulation continues to have effect under this regulation.","sortOrder":16},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n| Provision | Penalty |\n| Offences under the Act |\n| Section 7(2) |  |\n| (a) for individuals | $1,100 |\n| (b) otherwise | $2,750 |\n| Section 12A(5) | $1,650 |\n| Section 12A(7) |  |\n| (a) for individuals | $550 |\n| (b) otherwise | $1,100 |\n| Section 16A(1) | $5,500 |\n| Section 16A(2) | $5,500 |\n| Section 25(1) |  |\n| (a) for individuals | $1,650 |\n| (b) otherwise | $2,750 |\n| Section 29 | $5,500 |\n| Section 33(1) | $5,500 |\n| Section 46(4) |  |\n| (a) for individuals | $550 |\n| (b) otherwise | $2,200 |\n| Section 53(4) | $5,500 |\n| Section 67(2) | $2,200 |\n| Offences under this regulation |\n| Section 5(3) | $2,750 |","sortOrder":17}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata, there is no indication that the scope of this regulation has changed from its original intent. It appears to be a straightforward remake or continuation of existing apprenticeship and traineeship rules in NSW, with no amendments recorded since commencement on 23 August 2024."},"complexity_factors":["Only metadata and status information was provided — no substantive provisions were available for analysis, limiting assessment of true complexity","Operates as subordinate legislation (a regulation) under the Apprenticeship and Traineeship Act 2001, requiring cross-referencing with the parent Act to understand full legal effect","Subject to automatic staged repeal under the Subordinate Legislation Act 1989, adding a time-limited compliance consideration","Vocational training law involves interaction between state regulation, federal training frameworks (such as the Australian Skills Quality Authority), and industrial relations law — complexity likely higher once full text is assessed"],"plain_english_summary":"This NSW regulation sets out the practical rules for operating apprenticeships and traineeships under the Apprenticeship and Traineeship Act 2001, affecting apprentices/trainees, their employers, registered training organisations and the regulator. It matters because it provides the contractual, compliance and administrative detail needed for the scheme to function. Note: the regulation is scheduled to automatically repeal on 1 September 2029, and only status/metadata (not the full substantive text) was available for this summary."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation replaces the Apprenticeship and Traineeship Regulation 2017 (commencing 1 September 2024) but contains a savings clause preserving acts and effects under the prior regulation (see commencement and savings provisions). The text updates procedural requirements (forms, retention, assessments, fees, certificates and penalty notices) without an explicit expansion or narrowing of the statutory scope established by the underlying Act."},"complexity_factors":["Multiple stakeholder obligations across employers, agents, apprentices/trainees, registered training organisations and the Commissioner (e.g. applications, declarations, assessments).","Document‑retention requirement for agents (7 years) and inspection power (see agent declaration and retention duty).","Commissioner discretion to require information and to waive, postpone or remit fees (discretion affects compliance burden and costs).","Independent competency assessment process with prescribed reporting and evidentiary requirements for registered training organisations.","Detailed fee schedule and a separate penalty‑notice offence schedule that allocate monetary liabilities.","Cross‑references to other legislation and defined terms (Apprenticeship and Traineeship Act 2001, Hairdressers Act 2003, Student Identifiers Act 2014), requiring interpretive linkage.","Savings clause preserving effects of prior regulation, and clear commencement and repeal mechanics, which affect transitional compliance.","Mixture of procedural prescriptions (forms, certificates) and substantive obligations increases operational compliance tasks for affected parties."],"plain_english_summary":"This regulation, commencing 1 September 2024, replaces the 2017 regulation and sets practical rules for establishing and managing apprenticeships and traineeships. It prescribes approved application and declaration forms, record‑keeping duties, competency assessment and reporting requirements, ID certificates for officials, fees for recognition and assessments, and a penalty‑notice schedule.\n\nIt affects apprentices and trainees, their employers, agents, and registered training organisations; the Commissioner decides on information requests, assessments and fee waivers. Affected parties pay fees, retain documents and may face penalties for non‑compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and replacement of the 2017 regulation. The scope remains consistent with the original intent—providing operational detail for the Apprenticeship and Traineeship Act 2001. The provisions cover standard administrative matters (forms, fees, records, penalties) that are typical for subordinate legislation of this type. No significant expansion beyond the original regulatory purpose is evident."},"complexity_factors":["Short document (13 sections plus schedule)","Minimal defined terms (only 3 explicit definitions in sections 3, 6 and 9)","Straightforward structure with clear Part divisions","Limited cross-referencing—primarily references back to the parent Apprenticeship and Traineeship Act 2001 rather than complex inter-regulation webs","No nested exceptions or conditional logic beyond simple 'if' statements","Penalty notice schedule uses simple tabular format without complex calculations","Most provisions are procedural and prescriptive rather than discretionary"],"plain_english_summary":"This regulation sets out the practical rules for how apprenticeships and traineeships work in New South Wales. It replaces an older 2017 regulation and covers:\n\n**Who it affects:**\n- **Employers** who take on apprentices or trainees\n- **Apprentices and trainees** themselves\n- **Registered training organisations** (TAFEs and other approved training providers)\n- **Agents** who help coordinate apprenticeships between employers and workers\n\n**What it does:**\n\n*Setting up apprenticeships:*\n- Applications must use forms approved by the Commissioner for Vocational Training\n- Agents who lodge applications must verify that the employer can provide proper training and that the apprentice is suitable\n- Agents must keep records for 7 years and face fines up to 100 penalty units (roughly $11,000) if they don't\n\n*Special rules for young workers:*\n- Normally there are restrictions on juniors doing trade work, but this regulation creates exceptions for beauty therapy and hairdressing if the young person already holds specific qualifications\n\n*Record-keeping:*\n- Employers must track when apprentices are released for training, including how long and whether they were paid\n\n*Recognising existing skills:*\n- People with prior experience can apply to have their skills recognised without doing a full apprenticeship\n- Registered training organisations must conduct independent assessments of these applications\n\n*Administrative matters:*\n- Sets fees for applications ($200), assessments ($350), and replacement certificates ($60)\n- The Commissioner can waive fees in hardship cases\n- Prescribes penalty notice amounts for various offences (ranging from $550 to $5,500)\n- Provides forms for identification certificates for officials like conciliators and inspectors\n\n**Why it matters:**\nThis regulation ensures apprenticeships run properly—protecting young workers from exploitation, making sure they get proper training, and creating pathways for experienced workers to get formal qualifications without starting from scratch."}},"importantCases":[],"_links":{"self":"/api/acts/apprenticeship-and-traineeship-regulation-2024","history":"/api/acts/apprenticeship-and-traineeship-regulation-2024/history","analysis":"/api/acts/apprenticeship-and-traineeship-regulation-2024/analysis","conflicts":"/api/acts/apprenticeship-and-traineeship-regulation-2024/conflicts","importantCases":"/api/acts/apprenticeship-and-traineeship-regulation-2024/important-cases","documents":"/api/acts/apprenticeship-and-traineeship-regulation-2024/documents"}}