sec.17Registering training contracts

sec.17 Registering training contracts

This section applies if the chief executive or a person authorised to accept training contracts receives a signed training contract from an employer under section 16 . The chief executive must decide whether to register or refuse to register the training contract. The chief executive may, by written notice, request the employer to give, within the reasonable time of not less than 14 days stated in the notice, the additional documents or information the chief executive considers necessary to decide whether to register the training contract. The chief executive may refuse to decide whether to register the training contract until the parties supply the requested documents or information. The chief executive may register the training contract only if— the contract is in the approved form; and if the chief executive has requested documents or information under subsection (3) —the employer has supplied the documents or information; and the employer is not a prohibited employer whose employment of the apprentice or trainee contravenes the declaration of the employer under section 59 ; and if the employer is actively employing 25 or more apprentices and trainees under a hosting arrangement—the employer is a group training organisation or principal employer organisation; and the apprentice or trainee is not prohibited under an Act or law from undertaking paid employment; and an apprentice or trainee who holds a visa that prohibits him or her from working while in Australia. a registered training organisation has— accepted the nomination to be the supervising registered training organisation for the apprentice or trainee; and undertaken to prepare a training plan, including an employer resource assessment; and if the apprentice or trainee is a school student—the chief executive is satisfied it is appropriate in all the circumstances for the training contract to be registered. For subsection (5) (g) , in deciding whether it is appropriate to register the training contract, the chief executive must have regard to the following— the age and year of schooling of the student; whether the student’s school supports the contract; other matters that may be relevant for deciding whether the training contract is suitable for the student. In subsection (6) (b) , a reference to the student’s school is, for a student registered for home education under the Education (General Provisions) Act 2006 , a reference to the chief executive of the department administering that Act. If the chief executive registers the training contract, the chief executive must give the parties to the contract written notice that the contract is registered. If the chief executive refuses to register the training contract, the chief executive must give each party written notice of the decision, including the reasons for the decision. If the chief executive refuses to register the training contract, the contract and the apprenticeship or traineeship to which it relates end on— the day stated in the written notice of the decision as the day the decision has effect; or an earlier day agreed to by the parties. In this section— home education has the meaning given in the Education (General Provisions) Act 2006 , section 205 . s 17 amd 2019 No. 33 s 4 (sec.17-ssec.1) This section applies if the chief executive or a person authorised to accept training contracts receives a signed training contract from an employer under section 16 . (sec.17-ssec.2) The chief executive must decide whether to register or refuse to register the training contract. (sec.17-ssec.3) The chief executive may, by written notice, request the employer to give, within the reasonable time of not less than 14 days stated in the notice, the additional documents or information the chief executive considers necessary to decide whether to register the training contract. (sec.17-ssec.4) The chief executive may refuse to decide whether to register the training contract until the parties supply the requested documents or information. (sec.17-ssec.5) The chief executive may register the training contract only if— the contract is in the approved form; and if the chief executive has requested documents or information under subsection (3) —the employer has supplied the documents or information; and the employer is not a prohibited employer whose employment of the apprentice or trainee contravenes the declaration of the employer under section 59 ; and if the employer is actively employing 25 or more apprentices and trainees under a hosting arrangement—the employer is a group training organisation or principal employer organisation; and the apprentice or trainee is not prohibited under an Act or law from undertaking paid employment; and an apprentice or trainee who holds a visa that prohibits him or her from working while in Australia. a registered training organisation has— accepted the nomination to be the supervising registered training organisation for the apprentice or trainee; and undertaken to prepare a training plan, including an employer resource assessment; and if the apprentice or trainee is a school student—the chief executive is satisfied it is appropriate in all the circumstances for the training contract to be registered. (sec.17-ssec.6) For subsection (5) (g) , in deciding whether it is appropriate to register the training contract, the chief executive must have regard to the following— the age and year of schooling of the student; whether the student’s school supports the contract; other matters that may be relevant for deciding whether the training contract is suitable for the student. (sec.17-ssec.7) In subsection (6) (b) , a reference to the student’s school is, for a student registered for home education under the Education (General Provisions) Act 2006 , a reference to the chief executive of the department administering that Act. (sec.17-ssec.8) If the chief executive registers the training contract, the chief executive must give the parties to the contract written notice that the contract is registered. (sec.17-ssec.9) If the chief executive refuses to register the training contract, the chief executive must give each party written notice of the decision, including the reasons for the decision. (sec.17-ssec.10) If the chief executive refuses to register the training contract, the contract and the apprenticeship or traineeship to which it relates end on— the day stated in the written notice of the decision as the day the decision has effect; or an earlier day agreed to by the parties. (sec.17-ssec.11) In this section— home education has the meaning given in the Education (General Provisions) Act 2006 , section 205 .