Sch 2Transitional provisions

Schedule 2—Transitional provisions Part 4—Transitional provisions 11—Transitional provisions (1) On the commencement of Part 3 of this Schedule— (a) the offices of the members of the Training and Skills Commission established under the repealed Act are vacated; (b) the offices of the members of the Grievances and Disputes Mediation Committee established under the repealed Act are vacated; (c) the offices of the members of any committee established by the Training and Skills Commission under the repealed Act are vacated; (d) the offices of the members of any panel established by the Minister for the purpose of constituting the Grievances and Disputes Mediation Committee under the repealed Act are vacated; (e) the offices of the members of any reference group established by the Minister under the repealed Act are vacated. (2) Subject to this Act, a declaration that an occupation is a trade or a declared vocation in force under section 5 of the repealed Act immediately before the commencement of section 6 of this Act will be taken to be a declaration under that section of this Act that the occupation is a trade or a declared vocation (as the case requires). (3) Subject to this Act, registration or accreditation in force under Part 3 of the repealed Act immediately before the commencement of Part 3 of this Act will continue in force for the unexpired portion of the term for which the registration or accreditation was granted, or last renewed, as registration or accreditation under Part 3 of this Act. (4) Subject to this Act, if an employer was, immediately before the commencement of Part 4 of this Act— (a) an approved employer within the meaning of Part 4 of the repealed Act; and (b) party to a contract of training under Part 4 of the repealed Act, the employer will be taken to have been registered under Part 4 of this Act (with registration for a period of 5 years to be taken to have come into force immediately before the commencement of Part 4 of this Act). (5) Subject to this Act, a contract of training in force under Part 4 of the repealed Act immediately before the commencement of Part 4 of this Act will continue in force as a training contract under Part 4 of this Act. (6) Subject to this Act, a suspension, order or decision of the Grievances and Disputes Mediation Committee in force under the repealed Act immediately before the commencement of Part 4 of this Act will continue in force as a suspension, order or decision of the Industrial Relations Commission under Part 4 of this Act. (7) If, immediately before the commencement of Part 4 of this Act, a matter has, under section 19(7) of the repealed Act, been referred by the Commission (acting at the direction of the Minister) to the Grievances and Disputes Mediation Committee (GDMC) for review but the GDMC has not yet completed the review, the matter will be taken to be the subject of an appeal under section 207 of the Fair Work Act 1994— (a) as if the decision or order of the GDMC at first instance were a determination of the Industrial Relations Commission; and (b) as if the party who made the request of the Minister for the giving of the direction were the appellant, (and the provisions of Chapter 5, Part 3, Division 4 of that Act will apply to the appeal). (8) A reference in an Act or an instrument or document— (a) to the Training and Skills Commission is to be read as a reference to the Training and Skills Commission established under this Act and is to be construed accordingly; (b) to a training organisation is to be read as a reference to a training provider and is to be construed accordingly; (c) to an occupation as a trade or declared vocation is to be read as a reference to an occupation that is a trade or a declared vocation declared as such under section 6 of this Act and is to be construed accordingly; (d) to an apprentice/trainee under a contract of training is to be read as a reference to an apprentice/trainee under a training contract and is to be construed accordingly; (e) to a contract of training is to be read as a reference to a training contract and is to be construed accordingly; (f) to an approved employer is to be read as a reference to a registered employer and is to be construed accordingly. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Formerly Training and Skills Development Act 2008 Legislation repealed by principal Act The South Australian Skills Act 2008 repealed the following: Training and Skills Development Act 2003 Legislation amended by principal Act The South Australian Skills Act 2008 amended the following: Fair Work Act 1994 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Training and Skills Development Act 2008 10.7.2008 1.9.2008 (Gazette 24.7.2008 p3465) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 159 (ss 358—361)—1.2.2010 (Gazette 28.1.2010 p320) Training and Skills Development (Miscellaneous) Amendment Act 2011 31.3.2011 30.5.2011 (Gazette 5.5.2011 p1330) Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 18.6.2015 Pt 40 (ss 260—266)—1.7.2015 (Gazette 25.6.2015 p3076) Statutes Amendment (South Australian Employment Tribunal) Act 2016 8.12.2016 Pt 21 (ss 143—150)—1.7.2017 (Gazette 16.5.2017 p1221) Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 30 (ss 182 to 186)—2.12.2019 (Gazette 21.11.2019 p3928) COVID-19 Emergency Response (Further Measures) Amendment Act 2020 Sch 1 (cl 2)—15.5.2020 Training and Skills Development (Miscellaneous) Amendment Act 2020 19.11.2020 Pt 2 (ss 4 to 36) & Sch 1 (cll 12 to 18)—1.7.2021 (Gazette 24.6.2021 p2260) TAFE SA Act 2025 27.11.2025 Sch 1 (cl 4)—1.3.2026 (Gazette 12.2.2026 p244) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002