sec.41Definition for div 7

sec.41 Definition for div 7

In this division— misconduct , for a party to a registered training contract, means— the party fails to carry out a reasonable and lawful instruction that is consistent with the party’s obligations under the contract given by— if the party is the employer—the chief executive; or if the party is the apprentice or trainee, any of the following— the chief executive; the employer; the employer’s agent or employee; the supervising registered training organisation for the apprentice or trainee; or the party does not— keep a training record prescribed by regulation in the way prescribed by regulation; or when requested by any of the following persons, produce the record for the person’s inspection— another party to the contract; the chief executive; the supervising registered training organisation for the apprentice or trainee under the registered training contract; or if the party is the employer—the party does not comply with section 56 , 57 or 58 ; or if the party is the apprentice or trainee—the party does not comply with section 55 .

• (a) the party fails to carry out a reasonable and lawful instruction that is consistent with the party’s obligations under the contract given by— (i) if the party is the employer—the chief executive; or (ii) if the party is the apprentice or trainee, any of the following— (A) the chief executive; (B) the employer; (C) the employer’s agent or employee; (D) the supervising registered training organisation for the apprentice or trainee; or
• (i) if the party is the employer—the chief executive; or
• (ii) if the party is the apprentice or trainee, any of the following— (A) the chief executive; (B) the employer; (C) the employer’s agent or employee; (D) the supervising registered training organisation for the apprentice or trainee; or
• (A) the chief executive;
• (B) the employer;
• (C) the employer’s agent or employee;
• (D) the supervising registered training organisation for the apprentice or trainee; or
• (b) the party does not— (i) keep a training record prescribed by regulation in the way prescribed by regulation; or (ii) when requested by any of the following persons, produce the record for the person’s inspection— (A) another party to the contract; (B) the chief executive; (C) the supervising registered training organisation for the apprentice or trainee under the registered training contract; or
• (i) keep a training record prescribed by regulation in the way prescribed by regulation; or
• (ii) when requested by any of the following persons, produce the record for the person’s inspection— (A) another party to the contract; (B) the chief executive; (C) the supervising registered training organisation for the apprentice or trainee under the registered training contract; or