{"id":"south-australian-skills-regulations-2021","name":"South Australian Skills Regulations 2021","slug":"south-australian-skills-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237353,"registerId":"sa-south-australian-skills-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Skills Regulations 2021","content":"South Australia\nSouth Australian Skills Regulations 2021\nunder the South Australian Skills Act 2008\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tDeclarations of trades and declared vocations\n5\tSouth Australian Skills Standards\n6\tTraining contracts to be approved by the Commission\n7\tTransfer of training contracts between jurisdictions\n8\tProhibited employers—notice of declaration\n9\tRegistration of employers—prescribed requirement\n10\tCorresponding laws\n11\tEmployer to notify the Commission of prescribed matter\n12\tMaking and retention of records\n13\tWaiver or reduction of certain fees\n14\tPreparation of training plans—specified times\n15\tNominated training organisation to notify Commission of certain matters etc\n16\tMaking and retention of records\n17\tCompliance notices\n18\tCommission may require information—prescribed person\n19\tSharing of information between certain persons and bodies\n20\tReviewable decision\nSchedule 1—Revocation of Training and Skills Development Regulations 2008\nLegislative history\n\n1—Short title\nThese regulations may be cited as the South Australian Skills Regulations 2021.\n2—Commencement\nThese regulations come into operation on 1 July 2021.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the South Australian Skills Act 2008.\n4—Declarations of trades and declared vocations\nFor the purposes of section 6(2)(c) of the Act, a notice declaring an occupation to be a trade or a declared vocation (as the case requires) must contain the following information:\n\t(a)\tthe full name of the trade or vocation;\n\t(b)\tin relation to any identified relevant pathway—the conditions (if any) attached to the pathway.\n5—South Australian Skills Standards\n\t(1)\tIn accordance with section 26(1) of the Act, the Commission must, before preparing a South Australian Skills Standard—\n\t(a)\thave regard to the regulatory impact and compliance costs associated with the Standard; and\n\t(b)\tundertake consultation on the proposed Standard as the Commission thinks fit.\n\t(2)\tIn accordance with section 26(2) of the Act, the Commission must, before varying or reviewing a South Australian Skills Standard, unless the Commission determines that exceptional circumstances exist for not doing so in a particular case, undertake consultation with—\n\t(a)\tthe Department; and\n\t(b)\trelevant State and Federal government bodies; and\n\t(c)\tother relevant persons or bodies that the Commission considers—\n\t(i)\tin the case of a variation of a Standard—may be affected by the proposed variation to the Standard; or\n\t(ii)\tin the case of a review of a Standard—will or may be affected by the Standard.\n6—Training contracts to be approved by the Commission\nFor the purposes of section 48(4)(c) of the Act, the Commission must refuse to approve an agreement as a training contract in the following circumstances:\n\t(a)\tif the trade or vocation that is the subject of the training contract is not a declared trade or vocation under the Act;\n\t(b)\tif, in the opinion of the Commission, the employer is not able to provide or arrange to provide an apprentice or trainee with the facilities, range of work, supervision and training required under a training plan for the apprentice or trainee.\n7—Transfer of training contracts between jurisdictions\n\t(1)\tFor the purposes of section 48A(2) of the Act, the Commission must not recognise a training contract entered under the law of another State or Territory under section 48A(1) of the Act if the proposed employer in respect of the training contract is a prohibited employer.\n\t(2)\tFor the purposes of section 48A(2) of the Act, the Commission may refuse to recognise a training contract entered under the law of another State or Territory under section 48A(1) of the Act if—\n\t(a)\tthere is no nominated training organisation for the apprentice or trainee under the training contract; or\n\t(b)\tthere is no training plan relating to the training contract; or\n\t(c)\tthe trade or vocation that is the subject of the training contract—\n\t(i)\tis not a declared trade or vocation under the Act; and\n\t(ii)\tdoes not have an equivalent declared trade or vocation under the Act; or\n\t(d)\tthe proposed employer—\n\t(i)\tis not registered, or has not applied for registration, under section 54F of the Act; or\n\t(ii)\tis not operating within the scope of their registration; or\n\t(iii)\thas contravened or failed to comply with a condition of their registration.\n8—Prohibited employers—notice of declaration\n\t(1)\tFor the purposes of section 54B(1) of the Act, the Commission must, before declaring an employer as a prohibited employer under that section—\n\t(a)\tgive notice in writing to the employer of the proposed declaration; and\n\t(b)\tallow the employer a period of 14 days (or such longer period as the Commission may allow) to make submissions to the Commission as to why the declaration should not be made.\n\t(2)\tA notice declaring an employer to be a prohibited employer under section 54B of the Act must set out—\n\t(a)\tthe conditions (if any) imposed under section 54B(3)(a) of the Act in relation to the declaration; and\n\t(b)\twhether, in accordance with section 54B(3)(b) of the Act, the declaration applies—\n\t(i)\tfor a period specified in the notice; or\n\t(ii)\tfor an indefinite period.\n9—Registration of employers—prescribed requirement\nFor the purposes of section 54F(1)(b) of the Act, it is a requirement of registration under section 54F of the Act that an employer satisfies the employer supervision requirements set out in the relevant South Australian Skills Standards.\n10—Corresponding laws\nFor the purposes of section 54G(7) of the Act, the following are declared to be corresponding laws:\n\t(a)\tthe Apprenticeship and Traineeship Act 2001 of New South Wales;\n\t(b)\tthe Education and Training Reform Act 2006 of Victoria;\n\t(c)\tthe Further Education and Training Act 2014 of Queensland;\n\t(d)\tthe National Vocational Education and Training Regulator Act 2011 of the Commonwealth;\n\t(e)\tthe Training and Skills Development Act 2016 of the Northern Territory;\n\t(f)\tthe Training and Tertiary Education Act 2003 of the Australian Capital Territory;\n\t(g)\tthe Training and Workforce Development Act 2013 of Tasmania;\n\t(h)\tthe Vocational Education and Training Act 1996 of Western Australia.\n11—Employer to notify the Commission of prescribed matter\nFor the purposes of section 54K(1)(e) of the Act, a failure of an apprentice or trainee to comply with section 54M(1) of the Act is prescribed.\n12—Making and retention of records\nFor the purposes of section 54L(1) of the Act, an employer in relation to a training contract is required to keep a record of the following:\n\t(a)\tthe training contract and training plan;\n\t(b)\ton the job training and competency assessments;\n\t(c)\ta record of an apprentice or trainee's attendance—\n\t(i)\tat the workplace; and\n\t(ii)\tat training, which must specify whether the training occurred at the workplace or another specified location;\n\t(d)\tcosts incurred by the employer and the apprentice or trainee in relation to the training;\n\t(e)\trecords of each payment of a transfer fee under section 54O of the Act;\n\t(f)\tany other records specified in the South Australian Skills Standards.\n13—Waiver or reduction of certain fees\n\t(1)\tThe Commission may waive or reduce (in whole or in part) the prescribed transfer fee payable under section 54O of the Act if the Commission is satisfied that—\n\t(a)\teach party to the application under section 54N of the Act agrees to the transfer; or\n\t(b)\tit is unlikely that the previous employer will be able to employ the apprentice or trainee for the duration of the training contract; or\n\t(c)\tit is unlikely that the previous employer will be able to provide the scope of training or supervision necessary for the apprentice or trainee to complete the training required under the training contract,\nand the Commission considers that it is otherwise appropriate to do so in the circumstances of the case.\n\t(2)\tThe Commission may, in respect of a prescribed fee payable by a person under section 70A(2)(c) of the Act—\n\t(a)\twaive the fee payable by the person in full; or\n\t(b)\treduce the fee payable by the person by an amount equal to 20% of the fee that would otherwise be payable by the person.\n\t(3)\tIn this regulation—\nprevious employer has the same meaning as in section 54O of the Act.\n14—Preparation of training plans—specified times\nFor the purposes of section 54Q(1) of the Act, the following times are specified:\n\t(a)\twithin 28 days following nomination of the nominated training organisation under section 54P of the Act; or\n\t(b)\tsuch longer time as the Commission may allow in a particular case.\n15—Nominated training organisation to notify Commission of certain matters etc\nFor the purposes of section 54S(1)(d) of the Act, the following matters are prescribed:\n\t(a)\tif there is more than 1 nominated training organisation in respect of each apprenticeship or traineeship at any time—the name of each additional nominated training organisation;\n\t(b)\tif the nominated training organisation becomes aware that an employer is not meeting its obligations under the training contract or training plan;\n\t(c)\tif the nominated training organisation becomes aware that the health or safety of an apprentice or trainee is at risk;\n\t(d)\tif ASQA or TEQSA has made a decision in relation to the nominated training organisation—\n\t(i)\tsuspending or cancelling their registration or recognition; or\n\t(ii)\tcancelling a qualification or statement of attainment; or\n\t(iii)\trejecting an application for renewal of a registration or recognition;\n\t(e)\tif, in relation to a qualification under a training contract in respect of which the nominated training organisation is the nominated training organisation, ASQA or TEQSA has made a decision—\n\t(i)\tamending the nominated training organisation's scope of training; or\n\t(ii)\timposing a condition on the nominated training organisation's registration or recognition; or\n\t(iii)\tallowing the nominated training organisation to enter into an enforceable undertaking.\n16—Making and retention of records\nFor the purposes of section 54U(1) of the Act, a nominated training organisation under a training contract is required to keep the following records:\n\t(a)\tthe training plan for all apprentices and trainees for whom they are the nominated training organisation;\n\t(b)\tthe names and contact details of all employers under training contracts for which they are the nominated training organisation;\n\t(c)\trecords of meetings with employers, apprentices and trainees under each training contract for which they are the nominated training organisation and records of outcomes of those meetings including—\n\t(i)\tthe progress or lack of progress in training by an apprentice or trainee; and\n\t(ii)\tany agreed remedial action to address lack of progress in training by an apprentice or trainee; and\n\t(iii)\tsupports provided by an employer to assist the apprentice or trainee to meet their training goals as set out in the training plan;\n\t(d)\tany other records specified in the South Australian Skills Standards.\n17—Compliance notices\nThe following persons are prescribed for the purposes of paragraph (c) of the definition of prescribed person in section 63(5) of the Act:\n\t(a)\ta host employer with whom an apprentice or trainee is or was placed;\n\t(b)\ta supervisor of an apprentice or trainee under a training contract.\n18—Commission may require information—prescribed person\n\t(1)\tThe following are prescribed for the purpose of paragraph (d) of the definition of prescribed person or body under section 70C(7) of the Act:\n\t(a)\ta host employer with whom an apprentice or trainee is or was placed;\n\t(b)\ta former registered employer;\n\t(c)\ta supervisor of an apprentice or trainee under a training contract;\n\t(d)\tthe apprenticeship network provider for the apprentice or trainee.\n\t(2)\tIn this regulation—\nformer registered employer means an employer of an apprentice or trainee under a training contract whose registration as an employer under section 54G of the Act has, within a period of 6 months before the day on which the notice under section 70C(1) of the Act is issued—\n\t(a)\tbeen suspended or cancelled under section 54G of the Act; or\n\t(b)\texpired.\n19—Sharing of information between certain persons and bodies\nFor the purposes of section 70D(6)(b) of the Act, disclosure of information or documents received by a person under section 70D of the Act to the following bodies is authorised:\n\t(a)\tASQA;\n\t(b)\tthe Department;\n\t(c)\tthe National Centre for Vocational Education Research Ltd;\n\t(d)\tthe National Skills Commissioner established under the National Skills Commissioner Act 2020 of the Commonwealth;\n\t(e)\tthe Registration and Qualifications Authority established under the Education and Training Reform Act 2006 of Victoria;\n\t(f)\tTEQSA;\n\t(g)\tthe Training Accreditation Council established under the Vocational Education and Training Act 1996 of Western Australia.\n20—Reviewable decision\nThe following decisions are prescribed for the purposes of paragraph (e) of the definition of reviewable decision in section 70F(4) of the Act:\n\t(a)\ta decision of the Commission to refuse an application by a person under 15 years of age to enter into a training contract;\n\t(b)\ta decision of the Commission to approve or refuse an application to extend the probationary period for a training contract under section 49A of the Act;\n\t(c)\ta decision of the Commission to approve the substitution of an employer in relation to a training contract under section 54N of the Act.\nSchedule 1—Revocation of Training and Skills Development Regulations 2008\nThe Training and Skills Development Regulations 2008 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n81\nGazette 24.6.2021 p2266 \n1.7.2021: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent, as the full text of the South Australian Skills Regulations 2021 was not accessible. No substantive legislative content was returned."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404-style error page","Cannot assess complexity without the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the legislation itself"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **South Australian Skills Regulations 2021** could not be retrieved. The link provided returned a **'Page Not Found' error** from the South Australian legislation website, likely due to a URL change following a website update in March 2026.\n\n**What we do know from the title:**\n- This is a set of **regulations** (subordinate rules made under a parent Act) relating to **skills and training** in South Australia\n- It would likely cover matters such as registered training organisations (RTOs), vocational education and training (VET), apprenticeships, traineeships, or skills funding schemes operating in SA\n- It would affect **students, apprentices, trainees, training providers, and employers** in the South Australian VET sector\n\n**To access the actual document**, try:\n1. Visiting [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching for \"South Australian Skills Regulations 2021\"\n2. Emailing OPCWeb@sa.gov.au to report the broken link"},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulations do not materially change the statutory reach of the South Australian Skills Act; they primarily operationalise and replace the 2008 Regulations by setting procedural details, lists of prescribed persons and corresponding laws, record-keeping, notification and timing requirements, and decision-making processes for the Commission (rr 4–20, Schedule 1). They consolidate and update administrative mechanics (including naming contemporary Commonwealth and State bodies for information sharing) but do not expand substantive powers beyond what the Act authorises. The main scope change is administrative: replacement of the 2008 Regulations and updated prescriptions for implementation rather than an expansion of regulatory subject-matter."},"complexity_factors":["20 separate regulations plus a revocation schedule (moderate length)","Multiple cross-references to the South Australian Skills Act 2008 (rr 4,5,6,7,8,9,11,12,14,15,16,17,18,19,20)","Several multi-part lists with conditional refusals or requirements (r 6, r 7, r 13)","Two distinct sets of record-keeping obligations for employers and nominated training organisations (rr 12,16)","Discretionary powers given to the Commission (consultation exemption r 5(2), fee waivers r 13, refusals r 6, declarations r 8)","Prescribed persons and bodies listed across multiple regs (rr 10,17,18,19)","Inter-jurisdictional recognition and correspondence rules requiring alignment with external statutes and agencies (r 10, r 19)","Defined temporal requirements and exceptions (e.g. 28-day training plan deadline r 14 and ability to extend)","Revocation of previous 2008 Regulations (Schedule 1) which may require transitional attention"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- Put detailed, operational rules under the South Australian Skills Act 2008 for apprenticeships and traineeships. They spell out how the Commission (the regulator established by the Act) and participants must act on matters such as: declaring trades and vocations (r 4); preparing and consulting on Skills Standards (r 5); approving or refusing training contracts (r 6); recognising interstate training contracts and transferring contracts between jurisdictions (r 7); and declaring and notifying prohibited employers (r 8).\n\n- Set registration and record-keeping requirements for employers and nominated training organisations (NTOs) (rr 9, 12, 16) and prescribe who is a \"prescribed person\" for compliance and information-gathering powers (rr 17, 18).\n\n- Authorise the Commission to waive or reduce certain fees (r 13), set a deadline for preparing training plans (r 14), require particular notifications by NTOs (r 15), allow sharing of information with specified bodies (r 19), and list particular decisions that are reviewable (r 20).\n\n- Declare other States' and Territory laws as ‘‘corresponding laws’’ so interstate training arrangements can be recognised or dealt with under the Act (r 10). The Regulations also revoke the earlier 2008 Regulations (Schedule 1).\n\n**Who is affected**\n\n- The Commission (decision-maker and regulator) — gains procedural powers and discretion to consult, approve/refuse, declare employers prohibited, waive fees, and obtain information (rr 5, 6, 8, 13, 18).\n- Employers — must register (as required by the Act) and meet supervision requirements in the Skills Standards (r 9), keep specified records for training contracts (r 12), notify certain matters if they arise (r 11), and may be declared a prohibited employer following notice and an opportunity to respond (r 8).\n- Apprentices and trainees — subject to training plans and protected by record-keeping, notification and safety-reporting duties imposed on employers and NTOs (rr 12, 15, 16).\n- Nominated training organisations (RTOs/NTOs) — must prepare and keep training plans, notify the Commission of multiple NTO nominations, employer non-compliance, health and safety risks, and regulatory decisions by ASQA/TEQSA (r 15), and keep specified records (r 16).\n- Other parties listed as prescribed persons — host employers, supervisors, apprenticeship network providers, and former registered employers who may be required to provide information or be subject to compliance notices (rr 17, 18).\n- Commonwealth and other State/Territory bodies named for information-sharing and correspondence (rr 10, 19).\n\n**Why it matters (practical effect)**\n\n- It operationalises the Act by turning high-level powers into specific administrative requirements: what must be in a declaration of a trade (r 4); what records must be kept (rr 12, 16); what triggers Commission refusal of a training contract (r 6); timelines for preparing training plans (r 14); and where the Commission can share information (r 19).\n\n- The Regulations create compliance costs and decision points for employers and NTOs (record-keeping, registration, notifications), while giving the Commission discretion to refuse contracts or impose prohibitions to manage quality and safety risks (rr 6, 7, 8).\n\n**Mechanisms, incentives and trade-offs (section references)**\n\n- Who pays: Employers (and indirectly apprentices/trainees) bear most direct administrative costs — registration, supervision meeting the Skills Standards, record-keeping, and possible transfer fees (rr 9, 12, 13). The Commission may reduce or waive transfer or prescribed fees in specified circumstances (r 13), shifting some cost outcomes.\n\n- Who decides: The Commission has substantive discretion — to require consultation or not (r 5(1)–(2)), refuse or approve training contracts (r 6), declare prohibited employers after notice and opportunity to respond (r 8), and waive fees (r 13). That discretion concentrates decision-making with the regulator and creates administrative compliance risk for regulated parties.\n\n- Behaviour changes encouraged or constrained: Employers must register and meet supervision requirements to be eligible to host apprentices (r 9); employers, NTOs and supervisors must retain and supply records and notifications (rr 12, 15, 16, 18); interstate transfers are constrained where required documents or registration are lacking (r 7).\n\n- Compliance burden and enforcement: The Regulations list specific records employers and NTOs must keep (rr 12, 16) and identify who can be issued compliance notices or asked for information (rr 17, 18), increasing routine administrative work and exposing failures to enforcement actions under the Act.\n\n- Cross-jurisdictional and implementation risks: Recognition of interstate contracts depends on documents, nominations, or whether the prospective employer is prohibited (r 7). The Regulations also depend on coordination with a range of other agencies (ASQA, TEQSA, NCVER, National Skills Commissioner) for information sharing (r 19), creating operational interdependencies.\n\n**Concrete trade-offs and opportunity costs**\n\n- The Regulations trade regulatory certainty and administrative oversight for extra compliance tasks for employers and NTOs. For example, strict record-keeping and notification rules make enforcement and monitoring more practicable but impose time and cost on small employers (rr 12, 16).\n\n- Transfer fee waiver powers (r 13) reduce the financial friction of moving apprentices between employers in some cases, but the Commission’s discretion means outcomes can vary by case and require administrative decision-making.\n\n**Summary sentence**\n\nThese Regulations supply the detailed administrative rules that implement the South Australian Skills Act: they specify who must do what (records, registration, notifications), set time limits and conditions for approval/refusal and transfers, prescribe which bodies and laws correspond for interstate matters, and give the Commission a set of enforcement and discretionary tools to manage apprenticeships and traineeships (rr 4–20)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose of operationalising the South Australian Skills Act 2008. They deal with administrative details, timeframes, record-keeping, and specific prescription powers delegated by the Act. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["Heavy reliance on cross-references to the parent Act (South Australian Skills Act 2008) – most regulations simply fill in details for sections like 48(4)(c), 54B, 54F, etc., making the document incomprehensible without the Act","19 defined terms or cross-referenced concepts from the Act used throughout (e.g., 'prohibited employer', 'nominated training organisation', 'training contract', 'ASQA', 'TEQSA')","Nested conditional logic in several provisions, particularly regulation 7 (transfer between jurisdictions) with multiple 'and/or' conditions and sub-paragraphs","Duplicated record-keeping requirements (regulations 12 and 16) with slightly different scopes for employers vs training organisations","Multiple prescription mechanisms – the regulations repeatedly 'prescribe' things for purposes of different Act sections, creating a fragmented structure","Inter-jurisdictional complexity – regulation 10 lists 8 different corresponding laws from other states and territories that must be recognised"],"plain_english_summary":"These regulations set out the detailed rules for how apprenticeships and traineeships work in South Australia. They cover:\n\n**What the regulations do:**\n- **Set standards for vocational training** – The Commission must consult widely before creating or changing skills standards, and must consider the costs to businesses.\n- **Control who can employ apprentices** – Employers must register and meet supervision requirements. The Commission can declare 'prohibited employers' who are banned from taking on apprentices (with 14 days' notice first).\n- **Manage training contracts** – The Commission must approve all training contracts and can refuse approval if the employer can't provide proper facilities, work variety, or supervision. Contracts can be transferred between states, but only if the new employer is properly registered.\n- **Require record-keeping** – Employers must keep detailed records including training contracts, attendance, competency assessments, costs, and transfer fees. Training organisations must keep records of meetings, progress, and remedial action.\n- **Allow fee waivers** – The Commission can reduce or waive transfer fees when all parties agree, or when the previous employer can't continue the training.\n- **Enable information sharing** – Information can be shared with national bodies like ASQA (the national vocational regulator), other states, and research organisations.\n- **Set timeframes** – Training plans must be prepared within 28 days of a training organisation being nominated.\n\n**Who it affects:**\n- Apprentices and trainees\n- Employers wanting to take on apprentices (including 'host employers' who temporarily place apprentices)\n- Registered training organisations (the places that deliver the formal training)\n- The South Australian Skills Commission (the regulator)\n\n**Why it matters:**\nThese rules protect apprentices from dodgy employers who can't provide proper training, ensure quality across the vocational education system, and allow apprentices to move between employers or states without losing their training progress. The 'prohibited employer' scheme is particularly important – it stops exploitative employers from repeatedly taking on apprentices they can't properly support."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-skills-regulations-2021","history":"/api/acts/south-australian-skills-regulations-2021/history","analysis":"/api/acts/south-australian-skills-regulations-2021/analysis","conflicts":"/api/acts/south-australian-skills-regulations-2021/conflicts","importantCases":"/api/acts/south-australian-skills-regulations-2021/important-cases","documents":"/api/acts/south-australian-skills-regulations-2021/documents"}}