Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the South Australian Skills Act 2008. 3—Objects (1) The objects of this Act are— (a) to strengthen the State's economic base by providing a modern, skilled workforce that meets the current and future needs of industry, Government and the community; and (b) to promote partnerships within government, industry and other enterprises for the purpose of training and skills development for the State's workforce; and (c) to support South Australians to access and complete the skills training they need to get a job and contribute to the State's economy and their own prosperity; and (d) to establish a simple, streamlined apprenticeship and traineeship system featuring flexible, industry‑endorsed approaches to training and skills development that reflects— (i) the purpose of apprenticeships and traineeships is to develop the skills, knowledge and experience necessary for a person to acquire a vocation and qualification that contributes towards the person's employment and future occupational requirements; and (ii) the responsibilities of an employer of an apprentice or trainee for the training required for the purposes of the apprenticeship or traineeship; and (iii) the integral role of registered training organisations in the development of training goals and the success of apprenticeships and traineeships; and (iv) the responsibilities of each party to a training contract to take appropriate action to support completion of the apprenticeship or traineeship, including where appropriate by resolving disputes in a timely manner that preserves the training relationship; and (e) to recognise the importance of the vocational education and training system, including adult community education; and (f) to facilitate life‑long learning and supporting South Australians who change careers or wish to improve their skills; and (g) to promote equity in training and skills development (including in access to such development). (2) Each person or body engaged in the administration, operation or enforcement of this Act must exercise their powers and perform their functions so as to further the objects set out in this section. 4—Interpretation (1) In this Act, unless the contrary intention appears— accredited—see subsection (3); apprentice means a person who is being trained under an apprenticeship pursuant to a training contract that is in force; AQF means the policy framework entitled "Australian Qualifications Framework" that defines qualifications recognised nationally in post‑compulsory education within Australia, as approved by the Ministerial Council on Education, Employment, Training and Youth Affairs from time to time; ASQA means Australian Skills Quality Authority established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; Commission means the South Australian Skills Commission established under Part 3; compliance notice means a compliance notice issued under section 63; condition includes a limitation or restriction; contravene includes fail to comply with; Department means the administrative unit of the Public Service assisting a Minister in the administration of this Act; declared vocation means an occupation declared under section 6 to be a declared vocation for the purposes of this Act; employer, in relation to a training contract, means an employer who is a party to the training contract; employer's obligations under the training contract—see section 54J; higher education—see subsection (2); Higher Education Standards means the Higher Education Standards Framework (Threshold Standards) 2015 made under the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, as in force from time to time; host employment arrangement means an arrangement under which the employer of an apprentice or trainee places the apprentice or trainee with another person or body for particular training required under a training contract or training plan; nominated training organisation—see section 54P; prohibited employer means an employer with respect to whom a declaration is in force under section 54B, and includes— (a) in the case of an employer that is a body corporate—any person who, when the body corporate became a prohibited employer, was a director of the body corporate or was concerned in the management of the body corporate; and (b) in the case of an employer that is a partnership—any person who, when the partnership became a prohibited employer, was a partner in the partnership or was concerned in the management of the partnership; qualification means a VET qualification within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; recognised higher education provider means a body established and recognised as a higher education provider by or under the law of the State, or of the Commonwealth or another State or Territory; Register means the South Australian Skills Register; registered means registered under Part 4 Division 3A, and a reference to a registered employer has a corresponding meaning; registered training organisation means a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; repealed Act means the Training and Skills Development Act 2003 repealed under Schedule 2; SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014; scope of the registration, in relation to a registered employer, means the declared trades or vocations in relation to which the employer may enter into a training contract, as determined by the conditions imposed on the registration; South Australian Skills Standards or Standards means the South Australian Skills Standards prepared under section 26, as in force from time to time; State university means a university established under an Act of this State; TEQSA means the Tertiary Education Quality and Standards Agency established under the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth; trade means an occupation declared under section 6 to be a trade for the purposes of this Act; trainee means a person who is being trained in a traineeship pursuant to a training contract that is in force; training contract means— (a) a training contract approved under section 48; or (b) a training contract transferred from another jurisdiction under section 48A, as in force from time to time; training plan, for an apprentice or trainee, means a training plan for the apprentice or trainee prepared and endorsed under section 54Q, as in force from time to time; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; vocational education and training—see subsection (2). (2) For the purposes of this Act— (a) education in relation to which qualifications are issued under the higher education provisions of the AQF is higher education; (b) education and training for work in relation to which qualifications and statements of attainment are issued under the vocational education and training provisions of the AQF is vocational education and training; (c) education and training services provided to persons holding a student visa within the meaning of the Education Services for Overseas Students Act 2000 of the Commonwealth are education services for overseas students. (3) For the purposes of this Act, a course is accredited if it is a VET accredited course within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth. (5) A reference in this Act to a particular agreement, policy framework or protocol defined in subsection (1) is— (a) a reference to the agreement, policy framework or protocol as amended from time to time; or (b) if the regulations declare a document to be in substitution for the agreement, policy framework or protocol—a reference to the substituted document as amended from time to time. 5—Declarations relating to universities and higher education (1) For the purposes of this Act, the Minister may, by notice in the Gazette, make any of the following declarations: (a) that an institution is— (i) a university; or (ii) a university college; or (iii) a specialised university of a kind specified in the declaration; (c) that an institution that is an overseas higher education institution is an institution authorised to offer non AQF higher education qualifications in the State. (2) The Minister must, in making a declaration under this section, apply— (a) the Higher Education Standards; and (b) any other guidelines determined by the Minister. (3) A declaration under this section— (a) may be subject to such conditions (including conditions that determine the scope of the operations of the institution) as the Minister thinks fit and specifies in the declaration; and (b) will operate for the period set in the declaration; and (c) may, by further notice in the Gazette, be varied or revoked. (4) It is an offence for an institution in relation to which a declaration has been made under this section to contravene a condition imposed by the Minister and specified in the declaration. Expiation fee: $500. 6—Declarations of trades and declared vocations (1) The Minister may, by notice in the Gazette and on the recommendation of the Commission, declare an occupation to be a trade or a declared vocation (as the case requires). (2) A notice under subsection (1) must, in relation to each trade or vocation to which the notice relates: (a) identify the job or occupation, or class of job or occupation, to which the trade or vocation relates; and (b) identify any relevant pathways (including, where appropriate, pathways at a national level) to the trade or vocation; and (c) contain any other information required by the regulations. (3) To avoid doubt, a relevant pathway to a trade or vocation may, in addition to the primary qualification relating to the trade or vocation, include— (a) pre‑apprenticeships or pre‑traineeships; or (b) specified skill sets; or (c) higher qualifications; or (d) such other matters as the Minister thinks appropriate. 6A—Interaction with other Acts and awards etc (1) Subject to subsection (2), this Act and any statutory instrument made under this Act prevail to the extent of any inconsistency over the Fair Work Act 1994 or any other similar Act (including any regulation, award or other determination, enterprise agreement or industrial agreement made under those Acts or an Act repealed by those Acts). (2) A provision of an award or other determination, enterprise agreement or industrial agreement (whether made under the Fair Work Act 1994 or otherwise) requiring employers to employ apprentices or trainees in preference to junior employees remains in full force.