Div 3AProvisions relating to employers

Division 3A—Provisions relating to employers 54F—Registration of employers (1) The Commission must, on an application by or on behalf of an employer, register an employer under this section if— (a) the employer is not a prohibited employer; and (b) the employer satisfies any requirements set out in the regulations or the South Australian Skills Standards in relation to registration under this section; and (c) it is, in the opinion of the Commission, appropriate to register the employer under this section. (b) must be accompanied by any information or documents that may be required by the Commission; and (3) In registering an employer under this section, the Commission— (a) must impose such conditions on the registration as may be prescribed by the regulations; and (b) may impose such other conditions as the Commission thinks fit. (4) Registration under this section remains in force for the period (not exceeding 5 years) specified by the Commission and, on expiry, may be renewed in a manner determined by the Commission. 54G—Variation, suspension and cancellation of registration of employer (1) The Commission must, on declaring an employer to be a prohibited employer, cancel the employer's registration. (2) The Commission, on an application by a registered employer— (a) must cancel the employer's registration; and (b) may vary or revoke a condition of the employer's registration (not being a condition referred to in section 54F(3)(a)). (3) The Commission may, if satisfied that— (a) a registered employer has contravened a provision of this Act or a corresponding law; or (b) has failed to comply with a compliance notice; or (c) a registered employer has contravened a condition of the employer's registration; or (d) it otherwise is in the public interest, or the interest of apprentices or trainees employed by the employer, that the employer's registration be varied, suspended or cancelled (as the case requires), do such of the following as the Commission thinks fit: (e) vary or revoke a condition of the employer's registration; (f) impose a new condition on the employer's registration; (g) suspend the employer's registration for a specified period, or until further notice by the Commission; (h) cancel the employer's registration. (4) Subject to subsection (5), the Commission must give a registered employer at least 28 days written notice before taking action under this section. (5) The Commission may suspend the registration of an employer under this section without complying with subsection (4) if the Commission believes on reasonable grounds that— (a) an apprentice or trainee employed by the employer is at imminent risk of harm; and (b) it is reasonably necessary or appropriate to suspend the registration of an employer without complying with subsection (4) in order to manage that risk. (6) To avoid doubt, the Commission may exercise a power under this section whether the contravention occurred within or outside of this State. corresponding law means a law of the Commonwealth, or of another State or Territory, declared by the regulations to be a corresponding law for the purposes of this section. 54H—Substitution of employer under training contract following cancellation, suspension or variation of registration (1) This section applies to a training contract where the registration of the employer in relation to the training contract— (a) has been cancelled under section 54G; or (b) has been suspended under section 54G; or (c) has been varied (whether under section 54G or otherwise) such that it is no longer, in the opinion of the Commission, appropriate that the employer continues as the employer in relation to the training contract. (2) The Commission may, on its own motion or on the application of a party to the training contract, substitute an employer in relation to a training contract to which this section applies if— (a) the proposed employer consents to the substitution; and (b) the proposed employer is not a prohibited employer; and (c) the proposed employer is— (i) a registered employer; and (ii) operating within the scope of the registration of the employer; and (iii) complying with any other condition of the registration. (3) Despite subsection (2)(c), the Commission may approve a substitution despite a proposed employer not being a registered employer if the proposed employer has applied for registration under this Division, but that application has not yet been determined. (4) A substitution of an employer under this section may be permanent, or for a period specified by the Commission. (5) The following provisions apply where an employer is substituted under this section: (a) the employment of the apprentice or trainee to which the training contract relates continues as employment with the new employer; (b) the training contract continues in force, subject to the substitution; (c) any rights, obligations and liabilities of the former employer in respect of the training contract are, by force of this paragraph, transferred to the new employer. 54I—Offence to make certain false representations relating to registration (1) A person must not falsely represent that they are a registered employer. (2) A registered employer must not falsely represent that the employer's registration is, or is not, subject to a specified condition, or a condition of a specified kind. (3) A person must not falsely represent that— (a) another person is a registered employer; or (b) the registration of another person is, or is not, subject to a specified condition, or a condition of a specified kind. 54J—Employer's obligations under training contract (1) An employer in relation to a training contract must comply with the following provisions (the employer's obligations under the training contract): (a) the employer must comply with the South Australian Skills Standards; (b) the employer must permit an apprentice or trainee under the training contract to carry out their obligations under the training contract; (c) the employer must not place, or permit the placement of, an apprentice or trainee under the training contract with a prohibited employer; (d) the employer must not, without the authorisation of the Commission, place, or permit the placement of, an apprentice or trainee under the training contract with an employer who is not a registered employer; (e) the employer must not— (i) prevent or obstruct the apprentice or trainee from carrying out their obligations under a training plan; (ii) prevent or obstruct the apprentice or trainee from participating in any training required to be delivered by the nominated training organisation under a training plan; or (iii) prejudice the employment of the apprentice or trainee, or place the apprentice or trainee at a disadvantage, because the apprentice or trainee participates or attempts to participate in such training; or (iv) take any other steps to discourage the apprentice or trainee from participating in such training; (f) the employer must comply with any other obligation specified in the training contract or training plan that is applicable to the employer. (2) Each of the provisions referred to in subsection (1) will be taken to be a condition of the employer's registration. (3) Without limiting any other provision of this Act, the Commission may, in relation to an employer's failure to satisfy the employer's obligations under the training contract, do 1 or more of the following: (a) give the employer a written warning; (b) vary, suspend or cancel the employer's registration under section 54G(3); (c) issue a compliance notice under section 63; (d) declare the employer to be a prohibited employer under Part 3. 54K—Employer to notify Commission of certain matters (1) An employer in relation to a training contract must notify the Commission if any of the following occurs: (a) there is a material change in any information provided to the Commission in relation to the employer's application for registration; (b) the employer sells, or offers for sale, the business to which the employer's registration relates; (c) the employer, or the business to which the employer's registration relates, becomes insolvent or bankrupt; (d) the employer is convicted of an indictable offence or a summary offence for which a term of imprisonment may be imposed; (e) any other matter prescribed by the regulations. (2) A notice under subsection (1)— (a) must be given in a manner and form determined by the Commission; and (b) must be given as soon as is reasonably practicable after the relevant matter occurs; and (c) must contain the information required by the regulations for the purposes of this paragraph. (3) An employer who refuses or fails to comply with subsection (1) is guilty of an offence. 54L—Making and retention of records (1) An employer in relation to a training contract must keep such records as may be required by the regulations. (2) An employer must retain a record kept under subsection (1) for at least 7 years after the completion, expiry or termination (as the case requires) of the training contract to which the record relates.