sec.36Grounds for cancellation of registered training contract by chief executive

sec.36 Grounds for cancellation of registered training contract by chief executive

The chief executive may cancel a registered training contract if reasonably satisfied that 1 or more of the following grounds applies— the employer has ceased business; the employer has ceased operating the business in which the apprentice or trainee under the contract was employed; there has been a substantial change in a party’s circumstances and the change has affected the party’s capacity to perform the party’s obligations under the contract; the employer has moved the employer’s business to a place to which it is impractical or unreasonable for the apprentice or trainee to travel; the contract contains false or misleading information; the supervising registered training organisation withdraws from the training plan for the contract and no replacement supervising registered training organisation has been nominated; the employer has been declared a prohibited employer; the employer is failing, or has failed, to comply with the employer’s obligations under this Act or the contract; the apprentice or trainee is no longer employed by the employer and it is at least 21 days since the employment ceased; if the apprentice or trainee is a school student—the school withdraws support for the student’s participation under the contract; the contract was registered in error. The chief executive must not cancel a registered training contract under subsection (1) (i) if— the chief executive has received notice of a contested event under section 58A ; and the contested event has not been finalised. s 36 amd 2019 No. 33 s 11 (sec.36-ssec.1) The chief executive may cancel a registered training contract if reasonably satisfied that 1 or more of the following grounds applies— the employer has ceased business; the employer has ceased operating the business in which the apprentice or trainee under the contract was employed; there has been a substantial change in a party’s circumstances and the change has affected the party’s capacity to perform the party’s obligations under the contract; the employer has moved the employer’s business to a place to which it is impractical or unreasonable for the apprentice or trainee to travel; the contract contains false or misleading information; the supervising registered training organisation withdraws from the training plan for the contract and no replacement supervising registered training organisation has been nominated; the employer has been declared a prohibited employer; the employer is failing, or has failed, to comply with the employer’s obligations under this Act or the contract; the apprentice or trainee is no longer employed by the employer and it is at least 21 days since the employment ceased; if the apprentice or trainee is a school student—the school withdraws support for the student’s participation under the contract; the contract was registered in error. (sec.36-ssec.2) The chief executive must not cancel a registered training contract under subsection (1) (i) if— the chief executive has received notice of a contested event under section 58A ; and the contested event has not been finalised.