Div 3DProvisions relating to nominated training organisations and training plans

Division 3D—Provisions relating to nominated training organisations and training plans 54P—Nomination of training organisation for apprentice or trainee (1) There is to be a nominated training organisation for an apprentice or trainee under each training contract to which the apprentice or trainee is a party. (2) A nominated training organisation must be— (a) a registered training organisation; or (b) a recognised higher education provider. (3) Subject to this section, a registered training organisation or recognised higher education provider will be taken to be the nominated training organisation for an apprentice or trainee if, in accordance with any requirements set out in the South Australian Skills Standards— (a) the employer and the apprentice or trainee in relation to a training contract agree on which registered training organisation or recognised higher education provider (as the case requires) is to become the nominated training organisation for the apprentice or trainee; and (b) the employer and the apprentice or trainee seek the acceptance of the registered training organisation or recognised higher education provider (as the case requires) in respect of the nomination; and (c) the registered training organisation or recognised higher education provider (as the case requires) accepts the nomination and agrees to be the nominated training organisation for the apprentice or trainee. (4) To avoid doubt, an apprentice or trainee may have more than 1 nominated training organisation for each apprenticeship or traineeship at any time. 54Q—Training plans (1) The nominated training organisation for an apprentice or trainee must, as soon as is reasonably practicable, but in any event within the time specified in the regulations, prepare a training plan for the apprentice or trainee in accordance with any requirements set out in the South Australian Skills Standards. (2) The parties to a training plan are— (a) the employer; and (b) the apprentice or trainee; and (c) the nominated training organisation for the apprentice or trainee. (3) The nominated training organisation for an apprentice or trainee must take reasonable steps to ensure that the training plan is endorsed by each of the parties in accordance with any requirements set out in the South Australian Skills Standards. (4) The nominated training organisation must, within 28 days after a training plan has been endorsed by each of the parties to the training plan, and in accordance with any requirements set out in the South Australian Skills Standards, notify the Commission of that fact. (5) A training plan may be varied from time to time in accordance with any requirements set out in the South Australian Skills Standards. (6) A training plan, or a variation of a training plan, has effect from— (a) if a commencement day is specified in the training plan or variation—that day; or (b) if no commencement day is specified—on the day that the training plan or variation (as the case requires) is endorsed by each of the parties to the training plan. (7) The nominated training organisation must provide a copy of the training plan or the revised training plan (as the case requires) for an apprentice or trainee to each party within 14 days after the day from which the training plan, or the revised training plan, has effect. 54R—Obligations of nominated training organisations (1) A nominated training organisation for an apprentice or trainee must comply with the South Australian Skills Standards. (2) A nominated training organisation for an apprentice or trainee must comply with such of the obligations specified in the training plan of the apprentice or trainee as may be applicable to the nominated training organisation. (3) The nominated training organisation for an apprentice or trainee must ensure that the training required to be delivered by the organisation under the training plan for the apprentice or trainee is provided in accordance with the training plan. 54S—Nominated training organisation to notify Commission of certain matters (1) A nominated training organisation under a training contract must notify the Commission if any of the following occurs: (a) the nominated training organisation becomes aware that an apprentice or trainee under a training plan is not meeting the goals (however described) set out in the training plan; (b) the nominated training organisation becomes aware that it may not be able to comply with any obligations applicable to the nominated training organisation under the training plan for an apprentice or trainee; (c) the nominated training organisation ceases to be the nominated training organisation under the training contract; (d) any other occurrence or 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 nominated training organisation becomes aware of the relevant matter; and (c) must contain the information required by the regulations for the purposes of this paragraph. 54T—Substitution of nominated training organisation (1) The employer and the apprentice or trainee in relation to a training contract may, in accordance with any requirements set out in the South Australian Skills Standards, substitute the nominated training organisation for the apprentice or trainee. (2) A training organisation or recognised higher education provider is substituted as the nominated training organisation for an apprentice or trainee if, in accordance with any requirements set out in the South Australian Skills Standards— (a) the employer and the apprentice or trainee agree on which registered training organisation or recognised higher education provider (as the case requires) is to become the nominated training organisation for the apprentice or trainee; and (b) the employer and the apprentice or trainee seek the acceptance of the registered training organisation or recognised higher education provider (as the case requires) in respect of the nomination; and (c) the registered training organisation or recognised higher education provider (as the case requires) accepts the nomination and agrees to be the nominated training organisation for the apprentice or trainee. (3) The following provisions apply where a nominated training organisation is substituted under this section: (a) the training plan for an apprentice or trainee continues in force, subject to the substitution; (b) any rights, obligations and liabilities of the former nominated training organisation in relation to the training contract or training plan are, by force of this paragraph, transferred to the new nominated training organisation. (4) The new nominated training organisation under a training contract must, within 14 days after being substituted under this section, notify the Commission of that fact. (5) A notification under subsection (4) must be given in a manner and form determined by the Commission. 54U—Making and retention of records (1) A nominated training organisation under a training contract must keep such records as may be required by the regulations. (2) A nominated training organisation must retain a record kept under subsection (1) for at least 7 years after the expiry or termination of the training contract to which the record relates. (3) For the purposes of this section, a reference to a nominated training organisation under a training contract includes a reference to a registered training organisation or recognised higher education provider that was, but is no longer, the nominated training organisation under a training contract. 54V—Offences by nominated training organisations (1) A nominated training organisation under a training contract must not refuse or fail to comply with a requirement under this Division. (2) For the purposes of this section, a reference to a nominated training organisation under a training contract includes a reference to a registered training organisation or recognised higher education provider that was, but is no longer, the nominated training organisation under a training contract. 54W—Commission may notify certain bodies where contravention of Act The Commission may, if satisfied that a registered training organisation or recognised higher education provider has contravened a provision of this Act, notify 1 or more of the following bodies of that fact: (a) the Department; (b) AQSA; (c) TEQSA.