37Recognition of other trade training—determinations

#### 37 Recognition of other trade training—determinations 37 Recognition of other trade training—determinations > > (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. > > > (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. > > > (3) In making a determination under subsection (1), the Commissioner must have regard to— > > > > > (a) the length of time for which the applicant has been working in the recognised trade vocation, and > > > > > (b) the nature and duration of any instruction or training received by the applicant in the recognised trade vocation, and > > > > > (c) the nature of any qualifications held by the applicant in relation to the recognised trade vocation, and > > > > > (d) any expert advice obtained in connection with the application, and > > > > > (e) the applicant’s performance in any examination or test set by the Commissioner or any independent competency assessment, and > > > > > (f) such other matters as the Commissioner considers relevant. > > > (4) The following provisions apply in relation to the determination of an application for recognition of qualifications or experience in a certified vocation— > > > > > (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, > > > > > (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, > > > > > (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, > > > > > (d) the Commissioner must have regard to the matters specified in subsection (3) in making a determination under this section. > > > (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)). > > > (6) A determination under this section must be set out in an instrument signed by the Commissioner. > > > (7) The Commissioner must issue a certificate of proficiency to the person to whom the determination relates. > > > (8) The regulations may make provision for or with respect to— > > > > > (a) applications for the recognition of qualifications or experience in a recognised trade vocation, and > > > > > (b) the making of determinations and recommendations under this section. > > > (9) In this section— > > > > 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. > > > > 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. > > **s 37:** Subst 2017 No 42, Sch 1 \[43\].