This Act sets up and runs Tasmania’s vocational training and workforce development system. It establishes the Secretary’s duties, a Tasmanian Traineeships and Apprenticeships Committee (TTAC) with approval and oversight powers, requirements for training contracts and vocational placement agreements, registration and standards for group training organisations, and enforcement tools (penalties, inspections, inquiries). It affects employers, trainees/apprentices, group training organisations, registered training organisations and government administrators because it controls who may provide and receive accredited workplace training and imposes compliance, reporting and insurance obligations.
This Act establishes Tasmania's statutory framework for vocational education, traineeships and apprenticeships, vocational placements and related workforce development arrangements. Mechanically it does the following (selected, with source references):
States its object: to establish a system of training and workforce development that supports a skilled, productive workforce and contributes to economic and social progress in Tasmania, including administration of Tasmania's traineeship and apprenticeship system (s 3(1)-(3)).
Creates governance and administration roles: the Secretary (of the Department) has responsibilities to advise the Minister, allocate funding (outside Part 5), purchase training from TasTAFE and registered training organisations and report annually on system performance (s 6). The Minister sets priorities for the system (s 5).
Establishes the Tasmanian Traineeships and Apprenticeships Committee (TTAC): composition, objective and functions are set out (ss 17-19, Schedule 1). The TTAC issues guidelines and approves, conditions, amends, suspends or refuses training contracts (ss 20-21, 32).
Regulates training contracts: employers must enter training contracts and forward them to TTAC within 28 days (ss 29-30); the TTAC determines approval (s 32); the Act sets rules for transfer, amendment, suspension, completion and cancellation of training contracts (ss 33-39).
Regulates group training organisations: the Secretary may set a maximum allowable number of trainees beyond which a group training organisation becomes "listable" and must be registered to enter further training contracts (ss 10-16). Listed organisations must meet National Standards and Tasmanian Operational Requirements (s 14).
Regulates vocational placements: requires written vocational placement agreements between employers and registered training organisations, prescribes required contents and requires approval from relevant registered employee organisations before placement (ss 42-44, 43(2)(b)). Unpaid placements must be supported by indemnity insurance with a maximum single-claim amount (s 46(2)-(3)).
Current sections
Direct links to the current provisions in Training and Workforce Development Act 2013.
(1) The object of this Act is to establish a system of training and workforce development that supports a skilled and productive workforce and contributes to economic and social progress in Tasmania.
(2) The system of training and workforce development consists of the following areas:
(a) vocational education and training, including Tasmania's traineeship and apprenticeship system;
(b) other training, or skills, and workforce development;
(c) foundations skills.
(3) The object is mainly achieved by –
(a) providing funding for training that is responsive to the needs of employers, industry and the community; and
(b) providing opportunities for individuals to acquire skills and qualifications; and
apprentice means an employee who is described as an apprentice and is a party to a training contract that provides for the employee to undergo training leading to a qualification under the Australian Qualifications Framework;
Australian Qualifications Framework means the national policy of that name for accredited qualifications in Australian education and training (including addenda to that policy added from time to time) that –
(a) defines qualifications recognised nationally in education and training undertaken within Australia; and
(b) is endorsed and published by the Australian Qualifications Framework Council; and
(c) took effect on 1 July 2011 –
as amended or substituted from time to time;
Australian Qualifications Framework Council means the council –
(a) established under the authority of the National Ministerial Council responsible for education, training and employment; and
(b) that has responsibilities for the Australian Qualifications Framework;
dispute means a dispute relating to the terms, conditions or operation of a training contract or a vocational placement agreement;
employer includes, if appropriate, a group training organisation;
foundation skills means skills in the English language, literacy and numeracy together with skills required for participation in modern workplaces and contemporary life;
group training organisation means a person or organisation whose business includes employing trainees or apprentices, or both, under training contracts and placing those trainees or apprentices with host employers;
host employer means an employer that, under a written agreement with a group training organisation, trains trainees or apprentices, or both, employed by that group training organisation under a training contract entered into by that group training organisation, regardless of whether that training takes place in Tasmania or elsewhere;
listable group training organisation has the meaning given by section 10 ;
listed group training organisation means a group training organisation that is listed in the Register of Listed Group Training Organisations maintained under section 16 ;
Ministerial Council means a council that comprises the Ministers for each State and Territory and the Commonwealth who have responsibility for tertiary education and skills;
trainee means an employee who, whether described as a trainee or otherwise, is a party to a training contract that provides for the employee to undergo training leading to a qualification, but does not include an employee described as an apprentice;
training contract means a contract between an employer and another person entered into under section 30 ;
Training Contracts Register means the register maintained under section 41 ;
TTAC means the Tasmanian Traineeships and Apprenticeships Committee established under section 17 ;
TTAC guidelines means guidelines issued by the TTAC, and in force, under section 21 ;
vocational education and training means the vocational education and training, and attainment of associated qualifications or statements of attainment, under level 1, 2, 3, 4, 5 and 6 of the Australian Qualifications Framework;
vocational placement means a placement that provides paid or unpaid employment, for a period of less than 240 hours in a 12-month period, at a work place as part of training leading to a qualification;
workforce development means building the capacity of enterprises to develop and use the skills of their workforces to maximum advantage for the benefit of the enterprises, industry and the community.
(2) For the purposes of this Act, if a group training organisation enters into a training contract –
(a) that group training organisation is taken to be the employer of the trainee or apprentice who is the other party to the training contract; and
(b) training provided to the trainee or apprentice by a host employer is taken to have been provided by that group training organisation.
5
Priorities for training and workforce development system
5 Priorities for training and workforce development system
The Minister is to establish priorities in relation to training and workforce development that promote and further the object of this Act.
Part 2
General Administration of Training and Workforce Development System
Part 2 General Administration of Training and Workforce Development System
Division 1
Role of Secretary
Division 1 Role of Secretary
6
Responsibilities of Secretary
6 Responsibilities of Secretary
(1) The Secretary has the following responsibilities in relation to the administration of Tasmania's system of training and workforce development:
(a) to advise the Minister on priorities in relation to training and workforce development;
(b) to ensure that funding provided for the purposes of this Act, other than Part 5 , is used for, or in relation to –
(i) the purchase of training from TasTAFE and other registered training organisations; and
(ii) the support of workforce development activities –
in a manner that is consistent with furthering the object of this Act and in accordance with the Minister's priorities in relation to training and workforce development;
(c) to provide to the Minister, by no later than 30 April in each year, a written report on the performance of Tasmania's system of training and workforce development.
(2) In providing advice under subsection (1)(a) , the Secretary is to –
(a) liaise with industries, businesses, communities and relevant interest groups and take their views into account; and
(b) consider the needs of the Tasmanian workforce for training, or skills, and workforce development; and
(c) ensure that the advice promotes and furthers the object of this Act.
(1) The Secretary may establish such committees as he or she considers appropriate to advise him or her in relation to the performance and exercise of his or her responsibilities, functions and powers under this Act.
(2) A committee established under subsection (1) is to report to and advise the Secretary on the matters referred to it by the Secretary.
(3) A member of a committee established under subsection (1) holds office as a member for the term, and on the conditions, specified in his or her instrument of appointment.
(4) The Secretary may provide for the regulation of the proceedings of a committee established under subsection (1) in writing provided to the committee.
(5) Except as provided otherwise by the Secretary, a committee established under subsection (1) may regulate its own proceedings.
8
Fees and charges
8 Fees and charges
(1) The Secretary, with the approval of the Minister, may impose any fee, levy or charge the Secretary considers appropriate in respect of any goods or services provided in relation to the operation of this Act.
(2) The Secretary, with the approval of the Minister, may exempt a person or class of persons from the obligation to pay all or part of any fee, levy or charge otherwise payable under subsection (1) if satisfied that it is equitable or appropriate to do so in the circumstances.
9
Delegation by Secretary
9 Delegation by Secretary
The Secretary may delegate any of his or her functions or powers under this Act, other than this power of delegation.
Division 2
Listing of certain group training organisations
Division 2 Listing of certain group training organisations
10
Listable group training organisation
10 Listable group training organisation
(1) A group training organisation is a listable group training organisation if, under training contracts, it trains at any one time more than the maximum allowable number of trainees and apprentices as determined under subsection (2) .
(2) The Secretary may determine the maximum allowable number of trainees and apprentices for a group training organisation that is not a listed group training organisation.
(3) The Secretary is to publish, in such manner as the Secretary considers appropriate, the maximum allowable number of trainees and apprentices for a group training organisation that is not a listed group training organisation as determined under subsection (2) .
11
Requirement for registration of certain group training organisations
11 Requirement for registration of certain group training organisations
A group training organisation must not enter into a training contract if –
(a) it is a listable group training organisation or, by so entering into the training contract, it would become a listable group training organisation; and
(b) it is not registered as a listed group training organisation in the Register of Listed Group Training Organisations.
Penalty: Fine not exceeding 100 penalty units.
12
Application to be registered as listed group training organisation
12 Application to be registered as listed group training organisation
(1) A group training organisation may apply to the Secretary to be registered as a listed group training organisation.
(2) An application is to be –
(a) in the form approved by the Secretary; and
(b) accompanied by any application fee prescribed in the regulations.
(3) On receipt of an application, the Secretary may require the applicant to provide such information and documents as he or she considers relevant to the application.
13
Registration as listed group training organisation
13 Registration as listed group training organisation
(1) On receipt of an application under section 12 , the Secretary –
(a) is to register the applicant group training organisation as a listed group training organisation in the Register of Listed Group Training Organisations unless –
(i) the TTAC has notified the Secretary that it has refused to approve a training contract to which the applicant is a party under section 32(2)(d) on the basis that the TTAC is not satisfied that the group training organisation is a fit and proper person within the meaning of section 48 ; and
(ii) the TTAC has not notified the Secretary that it now considers the group training organisation to be such a fit and proper person; or
(b) is to refuse to register the applicant as a listed group training organisation if –
(i) the TTAC has notified the Secretary as specified in paragraph (a)(i) ; and
(ii) the TTAC has not notified the Secretary as specified in paragraph (a)(ii) .
(2) On registering an applicant group training organisation as a listed group training organisation, the Secretary is to issue to the listed group training organisation a certificate of registration.
(3) The registration of an applicant group training organisation as a listed group training organisation –
(a) commences on the day on which the Secretary so registers it; and
(b) is for the term of 5 years.
(4) If the Secretary refuses to register the applicant group training organisation as a listed group training organisation, the Secretary is to notify the applicant, in writing, of that refusal and the reason for it.
14
Listed group training organisation to comply with standards, &c.
14 Listed group training organisation to comply with standards, &c.
(1) In this section –
ANTA Ministerial Council means the ANTA Ministerial Council –
(b) comprising the Commonwealth, State and Territory Ministers responsible for vocational education and training;
National Standards means the National Standards for Group Training Organisations adopted as agreed by the ANTA Ministerial Council on 24 May 2002, as amended or substituted from time to time;
Tasmanian Operational Requirements means the TTAC guidelines relating to the Tasmanian operational requirements for group training organisations.
(2) A listed group training organisation must comply with the National Standards and the Tasmanian Operational Requirements.
Penalty: Fine not exceeding 100 penalty units.
15
Cancellation of registration as listed group training organisation
15 Cancellation of registration as listed group training organisation
(1) The Secretary is to remove a listed group training organisation from the Register of Listed Group Training Organisations on the application of the listed group training organisation.
(2) If the Secretary receives notice from the TTAC that it has refused to approve a training contract to which the applicant is a party under section 32(2)(d) on the basis that the TTAC is not satisfied that the group training organisation is a fit and proper person within the meaning of section 48 , the Secretary is to –
(a) note on the Register of Listed Group Training Organisations that the group training organisation is a listed group training organisation only in relation to those training contracts which it entered into and that have been approved by the TTAC under section 32 but is not registered as a listed group training organisation for the purposes of any other training contracts it has entered into; and
(b) once all those training contracts entered into by the group training organisation and approved by the TTAC under section 32 have been completed, remove the group training organisation from the Register of Listed Group Training Organisations.
(3) In the case of a listed group training organisation referred to in subsection (1) , its registration as a listed group training organisation is cancelled on the day on which the group training organisation is removed from the Register of Listed Group Training Organisations.
(4) In the case of a listed group training organisation referred to in subsection (2) , its registration as a listed group training organisation –
(a) is cancelled on the day on which the note referred to in subsection (2)(a) is made in the Register of Listed Group Training Organisations in relation to those training contracts which it entered into and that have not been approved by the TTAC under section 32 before that day; and
(b) is cancelled for all purposes on the day on which the group training organisation is removed from the Register of Listed Group Training Organisations.
16
Register of Listed Group Training Organisations
16 Register of Listed Group Training Organisations
The Secretary is to maintain a Register of Listed Group Training Organisations specifying –
(a) the name and address of each listed group training organisation; and
(b) any matter prescribed in the regulations; and
(c) such other matters as the Secretary considers appropriate.
Division 3
Tasmanian Traineeships and Apprenticeships Committee
Division 3 Tasmanian Traineeships and Apprenticeships Committee
17
Tasmanian Traineeships and Apprenticeships Committee
17 Tasmanian Traineeships and Apprenticeships Committee
(1) The Tasmanian Traineeships and Apprenticeships Committee is established.
(2) The Tasmanian Traineeships and Apprenticeships Committee consists of 7 members appointed by the Minister.
(3) The Minister is to appoint one of the members as chairperson of the Tasmanian Traineeships and Apprenticeships Committee.
(4) Before appointing a person as a member of the Tasmanian Traineeships and Apprenticeships Committee, the Minister is to call for expressions of interest in the appointment by advertising in at least 3 daily newspapers printed, and circulating, in Tasmania.
(5) The Minister need not comply with subsection (4) if re-appointing a person to the office of member of the Tasmanian Traineeships and Apprenticeships Committee for a consecutive term.
(6) Schedule 1 has effect with respect to the membership and meetings of the Tasmanian Traineeships and Apprenticeships Committee.
18
Objective of TTAC
18 Objective of TTAC
The objective of the TTAC is to ensure that Tasmania has effective and accessible systems and procedures for training contracts and vocational placements.
19
Functions of TTAC
19 Functions of TTAC
The TTAC has the following functions:
(a) overseeing the administration of training contracts and vocational placements;
(b) to advise the Minister, and make recommendations, on policies and guidelines in relation to the operation of training contracts and vocational placements;
(c) to monitor the effectiveness of training contracts and vocational placements;
(d) other functions imposed by this Act;
(e) other functions imposed by the Minister.
20
Powers of TTAC
20 Powers of TTAC
The TTAC has the following powers:
(a) to develop and issue policies and guidelines relating to training contracts and vocational placements;
(b) to do all things necessary or convenient to perform its functions.
21
TTAC guidelines
21 TTAC guidelines
(1) The TTAC may issue guidelines relating to any of the following matters:
(a) entering into training contracts;
(b) the conditions with which a training contract, or the parties to a training contract, in relation to a particular qualification must comply, including conditions relating to the employment of a person under a training contract for a period of probation;
(c) the extension of such a period of probation;
(d) conditions in respect of the training or the provision of training under a training contract leading to a particular qualification, a class of qualifications or all qualifications;
(e) operational requirements for group training organisations in Tasmania;
(f) any other matter relating to the form and content, entering into, approval or administration of training contracts;
(g) a prescribed matter;
(h) any other matter relating to a function or power of the TTAC in relation to which the TTAC considers it appropriate to issue guidelines.
(2) In issuing guidelines relating to the form and contents of a training contract, the TTAC is to have regard to the form and contents of the training contract agreed by the Ministerial Council.
(3) Guidelines may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the guidelines.
(4) If the Secretary amends any guidelines, the amendment is taken to be incorporated with those guidelines and a reference to those guidelines is a reference to those guidelines as so amended.
22
Directions by Minister
22 Directions by Minister
The Minister may give directions, in writing, to the TTAC in relation to the performance and exercise of its functions and powers, other than the exercise of functions and powers in relation to an individual training contract or vocational placement agreement.
23
Delegation by TTAC
23 Delegation by TTAC
The TTAC may delegate any of its functions or powers under this Act, other than this power of delegation, to any of the following persons:
(a) a member of the TTAC;
(b) a State Service officer, or a State Service employee, employed in or for the purposes of the Department.
Division 4
Arrangements with registered training organisations, &c., for purchase of vocational education and training
Division 4 Arrangements with registered training organisations, &c., for purchase of vocational education and training
24
Minister may enter into agreements with certain registered training organisations, &c., for purchase of vocational education and training
24 Minister may enter into agreements with certain registered training organisations, &c., for purchase of vocational education and training
(1) In this section –
prescribed Agency means an Agency, part of an Agency or a body corporate that is an instrumentality of this State.
(2) The Minister, on behalf of the Crown, may enter into an agreement with a registered training organisation, or another person, that is not a prescribed Agency in relation to the purchase of vocational education and training and the performance by that organisation or person of vocational education and training functions.
(3) The Minister may delegate his or her power to enter into an agreement under subsection (2) to the Secretary.
(4) If the Minister delegates to the Secretary his or her power to enter into an agreement under subsection (2) , the Secretary may sub-delegate that power to a State Service officer, or State Service employee, employed in or for the purposes of the Department.
25
Secretary may enter into arrangements with certain registered training organisations, &c., for provision of vocational education and training
25 Secretary may enter into arrangements with certain registered training organisations, &c., for provision of vocational education and training
(1) In this section –
prescribed Agency means an Agency, part of an Agency or a body corporate that is an instrumentality of this State but not an Agency or part of an Agency;
prescribed Head means –
(a) in relation to an Agency or part of an Agency, the Head of that Agency; or
(b) in relation to a body corporate that is an instrumentality of this State but not an Agency or part of an Agency, the body corporate, the chief executive officer of the body corporate or a person performing the functions of a chief executive officer in the body corporate (whatever the title of that person).
(2) If a prescribed Agency is a registered training organisation, the Secretary may enter into an arrangement with the prescribed Head of that prescribed Agency in relation to the provision of vocational education and training and the performance by that prescribed Agency of vocational education and training functions.
Division 5
Miscellaneous
Division 5 Miscellaneous
26
Payment of funds from Commonwealth
26 Payment of funds from Commonwealth
(1) In this section –
national partnership payment means a payment made to Tasmania under section 16 of the Federal Financial Relations Act 2009 of the Commonwealth;
national specific purpose payment means a payment made to Tasmania under section 12 of the Federal Financial Relations Act 2009 of the Commonwealth.
(2) The Minister is to ensure that Commonwealth financial assistance paid to Tasmania –
(a) as a national specific purpose payment for the purposes of skills and workforce development; or
(b) as a national partnership payment in relation to vocational education, training, skills, workforce development or any one or combination of these matters –
is applied to expenditure as specified in the national specific purpose payment or national partnership payment or as otherwise required by the Federal Financial Relations Act 2009 of the Commonwealth.
27
Award of scholarships, bursaries and prizes
27 Award of scholarships, bursaries and prizes
The Minister, on the recommendation of the Department, may award a scholarship, bursary or prize.
28
Collection of records, statistics and information
28 Collection of records, statistics and information
(1) In this section –
unique student identifier means a unique student identifier created for a person under the agreement –
(a) between the Commonwealth and the States and Territories; and
(b) that was signed on 13 April 2012; and
(c) that provides for the creation of unique student identifiers in relation to vocational education and training –
as amended or substituted from time to time.
(2) The Secretary may require a person or organisation that is a party to an agreement under section 24 , or the registered training organisation that is the subject of an arrangement under section 25 , to –
(a) collect and keep records, statistics and information in relation to vocational education and training; and
(b) make available or provide those records, statistics and information to the Secretary.
(3) The Secretary may give directions as to the manner in which records, statistics and information are to be collected, kept and made available.
(b) provide copies of the records or any part of the records –
to the government, or a body established by or representing the government, of the Commonwealth, another State or a Territory for the purpose of meeting Tasmania's obligations regarding the administration of unique student identifiers.
Part 3
Training Contracts and Vocational Placement Agreements
Part 3 Training Contracts and Vocational Placement Agreements
29
Offence to train person without training contract
29 Offence to train person without training contract
An employer must not train a person as if that person were a trainee or apprentice unless –
(a) the employer has entered into a training contract with that person; and
(b) that training contract has effect at the time the training takes place.
Penalty: Fine not exceeding 100 penalty units.
30
Employer may enter into training contract
30 Employer may enter into training contract
(1) Subject to section 31 , an employer may enter into a contract with another person relating to the provision of training to that other person that results in a qualification being issued to that other person.
(2) Within 28 days after entering into a contract under subsection (1) , an employer must forward the contract to the TTAC for approval under section 32 .
Penalty: Fine not exceeding 100 penalty units.
31
Limits on entering into training contract
31 Limits on entering into training contract
(1) An employer may not enter into a training contract under section 30 in relation to a particular qualification if the Secretary has determined under subsection (4) that a training contract may not be entered into in relation to that qualification.
(2) An employer may not enter into a training contract under section 30 in relation to a particular qualification if the contract would contravene, or would require the parties to the contract to contravene, any conditions set out in the TTAC guidelines in relation to that qualification.
(3) An employer may not enter into a training contract under section 30 if that contract –
(a) does not specify the date on which the contract takes effect; and
(b) is not in a form, and does not have the contents, set out in the TTAC guidelines.
(4) The Secretary may determine that training contracts may not be entered into in relation to a particular qualification.
32
Approval of training contract
32 Approval of training contract
(1) The TTAC may –
(a) approve a training contract with or without amendments and conditions; or
(b) refuse to approve the training contract.
(2) The TTAC may only approve a training contract if satisfied that –
(a) the contract does not relate to a qualification determined by the Secretary under section 31(4) to be a qualification in relation to which training contracts may not be entered into; and
(b) the contract does not contravene, and does not require a party to it to contravene, any conditions set out in the TTAC guidelines in relation to the particular qualification to which the contract relates; and
(c) the contract is in the form, and contains the contents, set out in the TTAC guidelines; and
(d) the employer and any proposed host employer are fit and proper persons within the meaning of section 48 ; and
(e) the number of trainees and apprentices employed by the employer does not exceed any maximum allowable number as determined by the TTAC.
(3) If the TTAC approves a training contract, with or without amendment, that approval is effective on and from the day specified in the contract as the day on which the contract takes effect, regardless of whether that day is the day on which the approval is given, an earlier day or a later day.
(4) If the TTAC approves a training contract with amendment –
(a) that amendment, if the contract takes effect on or after the day on which the approval is given, takes effect when the contract takes effect; or
(b) that amendment, if the contract takes effect before the day on which the approval is given, only takes effect on the day the approval is given.
(5) If the TTAC approves a training contract with conditions and –
(a) the contract takes effect on or after the day on which the approval is given, the contract is subject to those conditions from the time it takes effect; or
(b) the contract takes effect before the day on which the approval is given, the contract is subject to those conditions only on and from the day the approval is given.
(6) If the TTAC refuses to approve a training contract –
(a) the contract is of no effect and is taken never to have been in effect; but
(b) any training provided by the employer to the other party to the contract –
(i) on and after the day specified in the contract as the day on which it takes effect; but
(ii) before the refusal is given –
is taken to have been provided under a training contract that had been approved by the TTAC under this section.
(7) The TTAC is to notify the parties to a training contract, in writing –
(a) as to whether it has approved or refused to approve the contract; and
(b) if it has approved the contract with amendment or conditions, of the amendment or conditions.
33
Transfer of training contract
33 Transfer of training contract
(1) A party to a training contract, with the approval of and subject to any conditions determined by the TTAC, may transfer the contract to another employer in the qualification or set of qualifications to which the agreement relates.
(2) If an employer who is a party to a training contract sells or otherwise disposes of the business, or any part of the business, that relates to a qualification or set of qualifications to which the contract relates –
(a) that employer, in writing and within 14 days after the completion of the sale or other disposal, must notify the TTAC of –
(i) the reference number of the training contract; and
(ii) the details of the sale or other disposal, in accordance with any relevant TTAC guidelines; and
(iii) the name and address of the person acquiring the business or part of the business; and
(iv) any other information required by the TTAC guidelines; and
(b) despite subsection (1) , the training contract, in so far as it relates to that qualification or set of qualifications, is transferred to the purchaser or other person who acquires the business or part of the business.
(3) If a partnership, or a partner in a partnership, is the employer under a training contract and a partner or that partner dies, resigns or is removed from office –
(a) the surviving or continuing partners, in writing and within 14 days after the death, resignation or removal from office, must notify the TTAC of –
(i) the reference number of the training contract; and
(ii) the death, resignation or removal from office of the partner; and
(iii) any other information required by the TTAC guidelines; and
(b) if –
(i) the partnership is the employer under the training contract, the training contract continues; or
(ii) that partner is the employer under the training contract, the training contract is transferred to all the surviving or continuing partners.
(4) A transfer of a training contract –
(a) in the case of a transfer referred to in subsection (1) , is for –
(i) the period agreed, in writing, by the parties to the agreement; or
(ii) if the parties do not so agree, the remainder of the term of the training contract; and
(b) in the case of a transfer referred to in subsection (2) or (3) , is for the remainder of the term of the training contract.
(5) On the transfer of a training contract to an employer under this section, that employer becomes a party to the training contract.
34
Compliance with training contract
34 Compliance with training contract
The parties to a training contract must comply with its terms.
Penalty: Fine not exceeding 100 penalty units.
35
Amendment of training contract
35 Amendment of training contract
(1) A training contract may be amended –
(a) by the agreement of the parties to the contract, if the TTAC approves the amendment; or
(b) by the TTAC if it is satisfied that it is desirable to do so.
(2) The TTAC, by notice in writing, must notify each party to a training contract of its intention to amend the contract under subsection (1)(b) .
36
Suspension of training contract
36 Suspension of training contract
(1) A training contract may be suspended –
(a) by the agreement of the parties to the contract, if the TTAC approves the suspension; or
(b) by the TTAC by written notice provided to the parties if it is satisfied that it is desirable to do so.
(a) takes effect on the day specified by the TTAC in the notice provided under that subsection; and
(b) continues for the period, or until the day, specified by the TTAC in that notice.
(4) The parties to a training contract which is suspended are not bound by the terms of the contract during that suspension except –
(a) as may be agreed between them, in writing; or
(b) if the TTAC otherwise determines.
(5) A training contract which is suspended is extended by the period of suspension unless the TTAC determines otherwise.
(6) The TTAC, by notice in writing, must notify each party to a training contract of its intention to suspend the training contract under subsection (1)(b) .
37
Completion of training contract
37 Completion of training contract
A training contract is completed on the first occurring of the following days:
(a) on the day on which the training contract is completed or expires under its terms;
(b) on the day on which all requirements for completion of a training contract set out in guidelines made under section 20(a) have been met by the parties to the training contract.
38
Cancellation of training contract
38 Cancellation of training contract
(1) A training contract may be cancelled –
(a) by the agreement of the parties to the training contract if the TTAC approves its cancellation; or
(b) by the TTAC if it is satisfied that –
(i) it is desirable to do so; or
(ii) the training contract does not comply with this Act.
(2) The TTAC, by notice in writing, must notify each party to a training contract of its intention to cancel the training contract under subsection (1)(b) .
39
Training subject to conditions
39 Training subject to conditions
(1) The TTAC may determine conditions in respect of the training, or the provision of training, under a training contract leading to a particular qualification, a class of qualifications or all qualifications.
(2) Both the employer and the trainee or apprentice under a training contract are to comply with any relevant conditions determined under subsection (1) .
40
Directions by TTAC
40 Directions by TTAC
(1) The TTAC may direct a party to a training contract to take any action the TTAC considers appropriate or refrain from doing any act if the TTAC is of the opinion that –
(a) the party has contravened the training contract; or
(b) the party has contravened this Act; or
(c) it is otherwise appropriate to give the direction.
(2) A direction is to be in writing provided to the party to the training contract.
(3) A party to the training contract must comply with a direction provided to him or her under this section.
Penalty: Fine not exceeding 100 penalty units.
41
Training Contracts Register
41 Training Contracts Register
The Secretary is to maintain a register of training contracts specifying –
(a) the names and addresses of each party to each training contract; and
(b) the starting and finishing date of each training contract; and
(c) any matter prescribed in the regulations; and
(d) such other matters as the Secretary considers appropriate.
42
Vocational placement agreement
42 Vocational placement agreement
(1) A vocational placement agreement is a written agreement between an employer and a registered training organisation –
(a) under which the employer may provide vocational placements for persons undertaking the training required for a qualification with the registered training organisation; and
(b) which sets out the obligations and rights of –
(i) the employer; and
(ii) the registered training organisation; and
(iii) the persons referred to in paragraph (a) who are provided with vocational placements with or by the employer.
(2) A vocational placement agreement –
(a) must contain the provisions, or provisions of a type, determined by the TTAC that are relevant to the vocational placements being provided; and
(b) may contain other appropriate provisions.
43
Vocational placement of no effect unless under vocational placement agreement
43 Vocational placement of no effect unless under vocational placement agreement
(2) An employer must not provide a vocational placement to a person –
(a) without having first entered into a vocational placement agreement with a registered training organisation that is providing, or is to provide, training to that person; and
(b) without the approval of any relevant registered employee organisation.
Penalty: Fine not exceeding 50 penalty units.
44
Offence to contravene vocational placement agreement
44 Offence to contravene vocational placement agreement
A party to a vocational placement agreement must not contravene the agreement.
Penalty: Fine not exceeding 50 penalty units.
45
Workers compensation
45 Workers compensation
If an employer is providing a vocational placement to a person under a vocational placement agreement and pays the person in relation to his or her work undertaken in the vocational placement, the employer must provide workers compensation under the Workers Rehabilitation and Compensation Act 1988 for the person.
46
Indemnity insurance
46 Indemnity insurance
(1) In this section –
person undertaking training, in relation to a registered training organisation, means a person undertaking the training required for a qualification with the registered training organisation.
(2) If a registered training organisation under a vocational placement agreement arranges for a person undertaking training to undertake an unpaid vocational placement with an employer, the registered training organisation must obtain indemnity insurance to cover–
(a) the registered training organisation against–
(i) proceedings for damages for injury to the person undertaking training or loss of, or damage to, that person's property arising out of the unpaid employment under the vocational placement; and
(ii) loss or damage to the employer's property caused by the person undertaking training during unpaid employment under the vocational placement; and
(b) the person undertaking training against proceedings for damages for injury to a person, or loss or damage to property, arising out of the unpaid employment under the vocational placement.
(3) The maximum amount payable in respect of a single claim or action is $10 000 000.
47
Directions by TTAC
47 Directions by TTAC
(1) The TTAC may direct a party to a vocational placement to take any action, or refrain from doing any act, as the TTAC considers appropriate if the TTAC considers that –
(a) the party has contravened the vocational placement agreement; or
(b) the party has contravened this Act; or
(c) it is otherwise appropriate to give the direction.
(2) A direction is to be in writing provided to the party to the vocational placement.
(3) A party to the vocational placement must comply with a direction provided to him or her under this section.
Penalty: Fine not exceeding 50 penalty units.
48
Employers who are not fit and proper persons for purposes of training contracts or vocational placement agreements
48 Employers who are not fit and proper persons for purposes of training contracts or vocational placement agreements
(1) After allowing an employer a reasonable opportunity to make submissions in respect of the matter, the TTAC may determine that the employer is not a fit and proper person for the purposes of entering into training contracts or vocational placement agreements.
(2) In determining whether an employer is not a fit and proper person for the purposes of entering into training contracts or vocational placement agreements, the TTAC may take into account –
(a) whether or not a host employer, or proposed host employer, of the employer is a fit and proper person for the purposes of training trainees or apprentices, or both, employed by that employer under a training contract; and
(b) whether or not the employer has contravened this Act; and
(c) the previous behaviour of the employer in Tasmania in relation to the fulfilment of training contracts and vocational placement agreements; and
(d) the previous behaviour of the employer in any place in relation to the fulfilment of agreements made elsewhere than Tasmania but which are similar in effect to training contracts or vocational placement agreements; and
(e) whether or not the employer has failed to comply with any directions given by the TTAC; and
(f) any other matter the TTAC considers relevant.
(3) For the purposes of the TTAC determining under subsection (2)(a) whether or not a host employer or proposed host employer is a fit and proper person for the purposes of training trainees or apprentices, or both, employed by an employer under a training contract, subsections (1) and (2) apply to the host employer as if he, she or it were an employer.
(4) If the TTAC determines that an employer is not a fit and proper person for the purposes of entering into training contracts or vocational placement agreements, the TTAC –
(a) is to notify the employer, in writing –
(i) of that determination; and
(ii) that the employer is not entitled to enter into a training contract or vocational placement agreement; and
(b) may notify a person or body in another State or a Territory that has functions that correspond to those of the TTAC, or of the Secretary under this Part, of that determination; and
(c) may notify a department, or agency, of the Commonwealth that has responsibility for matters relating to vocational education and training of that determination.
(5) If the TTAC determines that a host employer or proposed host employer is not a fit and proper person for the purposes of training trainees or apprentices, or both, employed by an employer under a training contract, the TTAC –
(a) is to notify the host employer or proposed host employer and the employer, in writing –
(i) of that determination; and
(ii) that the host employer or proposed host employer is not entitled to enter into an agreement with a group training organisation to train trainees or apprentices, or both, employed by that group training organisation under a training contract entered into by that group training organisation; and
(b) may notify a person or body in another State or a Territory that has functions that correspond to those of the TTAC, or of the Secretary under this Part, of that determination; and
(c) may notify a department, or agency, of the Commonwealth that has responsibility for matters relating to vocational education and training of that determination.
(a) takes effect when the notice is provided to the employer, or to the host employer or proposed host employer, as appropriate; and
(b) has effect until revoked.
49
Offence to enter into training contract or vocational placement agreement
49 Offence to enter into training contract or vocational placement agreement
An employer in respect of whom a notice under section 48(4)(a) is in effect must not enter into a training contract or a vocational placement agreement.
Penalty: In the case of –
(a) a training contract, a fine not exceeding 100 penalty units; or
(b) a vocational placement agreement, a fine not exceeding 50 penalty units.
50
Offence for host employer to enter into agreement with group training organisation
50 Offence for host employer to enter into agreement with group training organisation
A person in respect of whom a notice under section 48(5)(a) is in effect must not enter into an agreement with a group training organisation to train trainees or apprentices, or both, employed by that group training organisation under a training contract entered into by that group training organisation.
Penalty: Fine not exceeding 100 penalty units.
51
Revocation of notice that employer or host employer not fit and proper person for purposes of training contract or vocational placement agreement
51 Revocation of notice that employer or host employer not fit and proper person for purposes of training contract or vocational placement agreement
(1) The TTAC may revoke a notice provided to an employer under section 48(4)(a) or to a host employer or proposed host employer under section 48(5)(a) –
(a) on the application of the employer or the host employer or proposed host employer; or
(b) at its own discretion.
(2) An employer, host employer or proposed host employer may not make an application within 12 months after –
(b) the determination of the last such application.
(3) An application is to be in writing and accompanied by any fee prescribed in the regulations.
(4) On determining to revoke a notice provided under section 48(4)(a) or section 48(5)(a) , the TTAC is to notify the following persons, bodies, departments and agencies of that determination, in writing:
(ii) each body, department or agency notified under section 48(4)(b) or (c) of the determination that the employer was not a fit and proper person for the purposes of entering into training contracts or vocational placement agreements;
(i) the host employer or proposed host employer and the employer; and
(ii) each body, department or agency notified under section 48(5)(b) or (c) of the determination that the host employer or proposed host employer was not a fit and proper person for the purposes of training trainees or apprentices, or both, employed by an employer under a training contract.
(5) On determining not to revoke a notice provided under section 48(4)(a) or section 48(5)(a) , the TTAC is to notify the applicant of that determination, in writing.
Part 4
Disputes, Inquiries and Inspections
Part 4 Disputes, Inquiries and Inspections
52
Disputes relating to training contracts and vocational placement agreements
52 Disputes relating to training contracts and vocational placement agreements
(1) A party to a training contract or vocational placement agreement may apply to the TTAC to hear and determine any dispute relating to the terms, conditions or operations of that training contract or vocational placement agreement.
(2) An application is to set out –
(a) full details of the dispute; and
(b) details of any action taken by any party to resolve the dispute; and
(c) any other matter the TTAC may require.
(3) In hearing and determining a dispute, the TTAC, by notice in writing, may require any person to attend a hearing or conference.
(4) A notice is to –
(a) specify the day, time and place at which the hearing or conference is to be held; and
(b) specify the matter to be discussed at the hearing or conference; and
(c) be served on the person at least 7 days before the day of the hearing or conference.
(5) A person who, under subsection (3) , has been notified that he or she is required to attend a hearing or conference must attend the hearing or conference.
Penalty: Fine not exceeding 50 penalty units.
(6) After hearing a dispute, TTAC may determine to –
(a) amend the training contract or vocational placement agreement; or
(b) transfer the training contract; or
(c) suspend the training contract; or
(d) terminate the training contract or vocational placement agreement; or
(e) give any directions the TTAC considers appropriate to either party, or both parties, to the training contract or vocational placement agreement.
53
Inquiries
53 Inquiries
(1) Any person may apply to the Secretary to carry out an inquiry into the process followed by the TTAC in making a decision in relation to –
(a) the approval of a training contract or vocational placement agreement; or
(b) the conditions to which the approval of a training contract is subject; or
(c) the amendment, transfer, suspension or termination of a training contract; or
(d) the amendment or termination of a vocational placement agreement; or
(e) whether or not an employer is a fit and proper person for the purposes of entering into training contracts or vocational placement agreements.
(6) After carrying out an inquiry, the Secretary –
(a) may make any decision he or she considers appropriate; and
(b) is to notify, in writing –
(i) if the inquiry related to a training contract or vocational placement agreement, the parties to the training contract or vocational placement agreement; or
(ii) if the inquiry related to a decision as to whether or not an employer was a fit and proper person for the purposes of entering into training contracts or vocational placement agreements, the employer; or
(iii) if the inquiry related to a contravention, or suspected contravention, of a provision of this Act, the person whose actions or behaviour was investigated and any other person the Secretary considers has an interest in the matter; or
(iv) if the inquiry related to a contravention, or suspected contravention, of a provision of a training contract or vocational placement agreement, the person whose actions or behaviour was investigated and all other parties to the training contract or vocational placement agreement.
54
Inspections
54 Inspections
(1) In this section –
authorised person means a State Service officer, or State Service employee, authorised under subsection (2) to exercise the powers specified in subsection (3) .
(2) The Secretary, by certificate of authority issued to a State Service officer, or State Service employee, employed in or for the purposes of the Department, may authorise the officer or employee to exercise the powers specified in subsection (3) .
(3) At any reasonable time, an authorised person may do any one or more of the following:
(a) require a person to produce to the authorised person or the Secretary any record or document relating to –
(i) a training contract; or
(ii) training or assessments to which a training contract relates; or
(iii) a vocational placement agreement; or
(iv) training or assessments provided under a vocational placement agreement;
(b) make a copy of, or take an extract from, any such record or document;
(c) seize any such record or document;
(d) require a person to answer any question or provide any information with respect to such a record or document;
(e) require a person to give any assistance reasonably necessary to carry out any of the powers referred to in this subsection.
(4) An authorised person may only exercise a power under subsection (3) on the production of the certificate of authority.
(5) A requirement to produce a record or document includes a requirement to –
(a) produce, in a written form, a record or document which is recorded or stored by any mechanical, electronic or other means; and
(b) provide a document containing a clear reproduction in writing of the matters in the record or document.
(6) A person must not –
(a) obstruct, delay, threaten or attempt to intimidate an authorised person in the exercise of his or her powers under subsection (3) ; or
(b) without reasonable excuse, fail to comply with a requirement lawfully made by an authorised person under subsection (3) .
Penalty: Fine not exceeding 50 penalty units.
55
Search warrants
55 Search warrants
(1) In this section –
authorised person means a person authorised under section 54(2) to exercise the powers specified in section 54(3) .
(2) An authorised person, with the consent of the Secretary, may apply to a justice or magistrate for the issue of a search warrant if the authorised person believes on reasonable grounds that the provisions of this Act are being contravened.
(3) The grounds of an application for a warrant must be verified by affidavit.
(4) The justice or magistrate, if satisfied that there are reasonable grounds, may issue a search warrant authorising an authorised person named in the warrant and any assistants, using such force as is necessary and reasonable, to enter the premises specified in the warrant for the purpose of searching for any records or documents relating to the provision of training or assessments leading to a qualification.
(5) Section 15 of theSearch Warrants Act 1997 applies, with necessary modifications and adaptations, in respect of an application for a warrant under this section and a warrant issued as a result of such an application.
(6) A person who executes a warrant must, on or as soon as practicable after executing the warrant –
(a) prepare a notice containing –
(i) his or her name and a statement that he or she is an authorised person; and
(ii) the name of the justice or magistrate who issued the warrant and the day and time of its issue; and
(iii) a description of the premises to which the warrant relates and of the authority conferred by the warrant; and
(b) provide the notice to the occupier or person apparently in charge of the premises in respect of which the warrant was issued or leave it in a prominent position on the premises.
(7) A warrant expires at the end of one month after the day on which it was issued.
(b) a copy of that Register or part of that Register; or
(c) an extract, or copy of an extract, from an entry in that Register –
certified by the Secretary is evidence of the facts contained in that Register or extract.
91
False and misleading statements
91 False and misleading statements
(1) A person must not, in answering a question or providing information under this Act –
(a) make a statement knowing it to be false or misleading; or
(b) omit any matter from a statement knowing that without that matter the statement is misleading.
Penalty: Fine not exceeding 50 penalty units.
(2) A person must not provide under this Act a document that the person knows to be false or misleading without informing the person to whom the document is provided of that knowledge.
Penalty: Fine not exceeding 50 penalty units.
92
Liability of director, &c., if offence by body corporate
92 Liability of director, &c., if offence by body corporate
(1) In this section –
officer has the same meaning as in the Corporations Act.
(2) If –
(a) a body corporate commits an offence against this Act; and
(b) it is proved that the offence occurred with the consent or connivance of, or was attributable to any neglect on the part of, an officer of the body corporate or a person who was purporting to act as an officer of the body corporate –
that officer or person, as well as the body corporate, commits the offence.
(3) An officer or other person referred to in subsection (2)(b) may be found guilty of the offence referred to in subsection (2) whether or not the body corporate is charged with or found guilty of the offence.
93
Regulations
93 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(3) Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(4) The regulations may authorise any matter to be from time to time determined, applied or regulated by any of the following persons:
(c) any other person specified in the regulations.
(5) The regulations may contain provisions of a savings or transitional nature consequent on the commencement of this Act or any Act which amends this Act.
(6) A provision referred to in subsection (5) may take effect on and from the day on which this Act commences, or the Act amending this Act commences, or a later day.
(a) the administration of this Act is assigned to the Minister for Education and Skills; and
(b) the department responsible to that Minister in relation to the administration of this Act, other than Part 5 and except in so far as it relates to TasTAFE, is the Department of Education; and
(c) the department responsible to that Minister in relation to the administration of Part 5 and this Act in so far as it relates to TasTAFE is TasTAFE.
SCHEDULE 1 - Membership and Me
SCHEDULE 1 - Membership and Meetings of TTAC
SCHEDULE 1 - Membership and Me SCHEDULE 1 - Membership and Meetings of TTAC
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Training and Workforce Development Act 2013 .
2 Commencement
2 Commencement
This Act commences on 1 July 2013.
3 Object of Act
3 Object of Act
(1) The object of this Act is to establish a system of training and workforce development that supports a skilled and productive workforce and contributes to economic and social progress in Tasmania.
(2) The system of training and workforce development consists of the following areas:
(a) vocational education and training, including Tasmania's traineeship and apprenticeship system;
(b) other training, or skills, and workforce development;
(c) foundations skills.
(3) The object is mainly achieved by –
(a) providing funding for training that is responsive to the needs of employers, industry and the community; and
(b) providing opportunities for individuals to acquire skills and qualifications; and
(d) administering Tasmania's traineeship and apprenticeship system.
4 Interpretation
4 Interpretation
(1) In this Act –
Agency has the same meaning as in the State Service Act 2000 ;
amend means –
(a) omit any matter; or
Provides dispute, inquiry and inspection powers: parties may apply to TTAC to resolve disputes (s 52); the Secretary may carry out inquiries (s 53); authorised officers may inspect and seize records and obtain warrants (ss 54-55).
Establishes registers and information powers: Training Contracts Register (s 41) and Register of Listed Group Training Organisations (s 16); Secretary can require collection of records and may share them with Commonwealth/state governments notwithstanding the Personal Information Protection Act 2004 where necessary for unique student identifier obligations (s 28).
Official rationale: the Act expressly aims to provide funding responsive to employers, industry and community needs and to provide individual opportunities to acquire skills and qualifications (s 3(3)). The Act implements that rationale through administrative powers, regulatory conditions on contracts and delegates practical control over entry to and supervision of traineeships and placements to TTAC and the Secretary (ss 6, 19-21, 32).
This description is confined to the text of the Act and its in-text amendments and repeals; it does not assume external policy documents or administrative practice beyond what the Act itself prescribes.
Main concepts
The Act defines a set of core statutory concepts and mechanisms that structure activity in vocational training and workforce development. Key concepts and their operational mechanics in the text include:
Training contract: defined as a contract entered under s 30 and central to the regime. Employers must not train a person as a trainee or apprentice unless a training contract exists and is in effect at the time of training (s 29). Training contracts must conform to TTAC form and content requirements and are subject to TTAC approval (ss 31-32, 21).
Vocational placement agreement: defined as a written agreement between an employer and a registered training organisation under which the employer may provide vocational placements (s 42). Such agreements must include provisions determined by TTAC relevant to the placements (s 42(2)). An employer must not provide placements without a vocational placement agreement and approval of any relevant registered employee organisation (s 43(2)).
TTAC (Tasmanian Traineeships and Apprenticeships Committee): a seven‑member statutory committee appointed by the Minister (s 17). TTAC's objective is to ensure effective and accessible procedures for training contracts and vocational placements (s 18). TTAC issues guidelines (s 21), sets operational requirements for group training organisations (s 14), and exercises approval, amendment, suspension, transfer and cancellation powers over contracts (ss 32, 35-38, 39-40, 47).
Secretary: central administrative officer with responsibilities to advise the Minister, ensure appropriate use of funding, and maintain reporting and registers (s 6). The Secretary can delegate many powers (s 9), require records and information (s 28), and authorise officers to inspect and enforce (ss 54-55).
Group training organisation regimes: the Act distinguishes ordinary group training organisations from "listable" and "listed" ones. The Secretary may set a maximum allowable number of trainees for non-listed organisations; if a group training organisation trains more than that number it becomes listable and must be registered as a listed group training organisation before entering further contracts (ss 10-13). Listed organisations must comply with National Standards and Tasmanian Operational Requirements (s 14).
Fit and proper determinations: TTAC can find employers (including host employers) are not fit and proper persons to enter into training contracts or vocational placement agreements after giving reasonable opportunity for submissions (s 48). Such notices bar further entry into contracts/agreements while in effect (ss 48-50) and may be notified interstate or to Commonwealth departments (s 48(4)-(5)).
Registers and evidence: Training Contracts Register (s 41) and Register of Listed Group Training Organisations (s 16) are maintained by the Secretary. Certified copies of the Training Contracts Register are admissible evidence (s 90).
Compliance and enforcement levers: TTAC directions (ss 40, 47), fines for specific offences (multiple provisions), inspections and seizure (ss 54-55), and Secretary inquiries (s 53). The Act also provides a statutory privacy exception for sharing records required for unique student identifiers (s 28(4)).
These concepts interlock: licences or entry to the system depend on compliance with TTAC guidelines, register status, and fit and proper findings; practical delivery is overseen by registered training organisations and TasTAFE where relevant; and the Secretary and TTAC have overlapping administrative and enforcement roles.
Who it affects
The Act creates obligations and powers that reach a defined set of natural and legal persons; the text itself names categories and some cross-references to other statutes that identify institutional types. Primary affected parties and how they are implicated by provisions in the Act:
Employers: defined to include group training organisations (s 4(1)). Employers are the primary contracting party for training contracts (s 30). They must not train a person as a trainee or apprentice unless a training contract is in effect (s 29) and must forward any new contract to TTAC within 28 days (s 30(2)). Employers face obligations to comply with training contract terms (s 34), comply with TTAC directions (s 40), and may be subject to fit and proper notices (s 48) that bar future entry into training contracts or vocational placement agreements while in effect (s 49). Employers providing vocational placements must enter vocational placement agreements with a registered training organisation and obtain union (registered employee organisation) approval where relevant (s 43).
Trainees and apprentices: defined separately (s 4). Their training and assessment must be provided under approved training contracts (s 32) or vocational placement agreements (s 42). If TTAC refuses approval after training has already been provided from the contract's stated start date, training provided during the interim is taken to have been under an approved contract (s 32(6)(b)). Trainees engaging in unpaid placements are protected by mandatory indemnity insurance arranged by the registered training organisation (s 46).
Registered training organisations (RTOs) and TasTAFE: RTOs are central to vocational placements and the purchase of training under the Secretary's arrangements (ss 24-25, 42). RTOs are required to enter vocational placement agreements, to arrange indemnity insurance for unpaid placements (s 46), to supply records and unique student identifier information to the Secretary where required (s 28).
Group training organisations and host employers: group training organisations are both employers and intermediaries; they must register if they become "listable" and comply with listed organisation requirements (ss 10-16). Host employers who enter agreements with group training organisations must be fit and proper to train trainees/apprentices; if a host employer is found not fit and proper TTAC may bar it from entering agreements with group training organisations (s 48(5), s 50).
TTAC members and the Secretary: TTAC members are appointed by the Minister with specific appointment processes and terms (s 17, Schedule 1). The Secretary has administrative, reporting and enforcement powers (s 6) and can authorise officers to inspect and enforce (ss 54-55).
Registered employee organisations: vocational placements require approval from any relevant registered employee organisation (s 43(2)(b)), so unions or registered associations representing employees can block placements that fall within their coverage.
Insurers: RTOs arranging unpaid placements must obtain indemnity insurance covering specified liabilities and up to $10,000,000 per claim (s 46(2)-(3)).
Commonwealth and other State/Territory bodies: the Secretary may share records with government bodies for unique student identifier purposes notwithstanding the State privacy law (s 28(4)); TTAC may notify interstate bodies of fit-and-proper determinations (s 48(4)(b)-(c)).
Directors/officers of corporate employers: s 92 reaches officers of corporations where an offence by a corporate body occurred with the consent, connivance or neglect of an officer; officers may be personally liable.
Secondary effects extend to legal advisors, auditors, compliance officers, and employers’ insurers given inspection and evidence powers (ss 54-55, 90), and to any person who operates training businesses subject to the registration, record‑keeping and reporting powers in the Act (ss 12, 24-28, 41).
Key duties and rights
The Act establishes specific duties for employers, group training organisations, registered training organisations, the Secretary and TTAC; it also sets procedural rights and remedies for parties. Key duties:
Duty to enter a training contract and obtain TTAC approval: employers must not train persons as apprentices/trainees unless a training contract exists and is in effect (s 29). Employers may enter training contracts (s 30(1)) but must forward the contract to TTAC within 28 days (s 30(2)). The TTAC must approve or refuse a training contract under s 32.
Duty to comply with contract terms and TTAC directions: parties to a training contract must comply with its terms (s 34) and must comply with TTAC directions to take or refrain from particular actions (s 40). Parties to a vocational placement must comply with the vocational placement agreement and TTAC directions (ss 44, 47). Non‑compliance carries statutory penalties (see Penalties section).
Duties on listed group training organisations: where registered as "listed", organisations must comply with the National Standards for Group Training Organisations and Tasmanian Operational Requirements (s 14).
Information and record‑keeping duties: the Secretary may require parties to collect and keep records, statistics and information and to provide them to the Secretary (s 28(2)-(3)). The Secretary may direct the manner of collection (s 28(3)).
Indemnity and workers compensation duties: registered training organisations arranging unpaid placements must obtain indemnity insurance with prescribed coverage and maximum claim limits (s 46). Employers paying persons for vocational placement work must provide workers compensation under the Workers Rehabilitation and Compensation Act 1988 (s 45).
Registration duties for group training organisations: a listable group training organisation must not enter into a training contract unless registered as a listed group training organisation (s 11). Registration processes and five‑year terms are set out (ss 12-13).
Key procedural rights and remedies:
Right to TTAC decision and notice: TTAC must notify parties in writing of approval, refusal, or of amendments/conditions when it decides a training contract (s 32(7)). TTAC may approve with amendments or conditions and those can take effect from the contract's stated commencement date subject to the Act's timing rules (s 32(3)-(5)).
Right to make submissions and to be heard: before TTAC determines an employer is not fit and proper, the Act requires TTAC to allow the employer a reasonable opportunity to make submissions (s 48(1)). Similarly, the Secretary or TTAC must notify parties in advance of proposed amendments, suspensions or cancellations where the TTAC acts under its own motion (ss 35(2), 36(6), 38(2)).
Dispute resolution: parties to training contracts and vocational placement agreements may apply to TTAC to hear and determine disputes about terms, conditions or operation (s 52). TTAC has powers to amend, transfer, suspend or terminate contracts and to issue directions as outcomes (s 52(6)).
Inquiry mechanism: any person may apply to the Secretary for an inquiry into procedural aspects of TTAC decisions (s 53(1)-(2)). The scope is limited to process rather than merits (s 53(2)(a)), with time and fee conditions (s 53(2)(b)).
Delegation and administrative discretion: the Secretary and TTAC have express delegation powers (ss 9, 23); the Minister may give directions to TTAC on functions and powers except in relation to individual contracts or placement agreements (s 22).
Rights are frequently procedural and subject to TTAC’s regulatory discretion. For example, TTAC can determine conditions in respect of training for particular qualifications (s 39). The Act provides for notification and opportunity to be heard in several places but also grants TTAC and the Secretary broad discretionary intervention powers (ss 32, 35-38, 53).
Penalties and enforcement
The Act uses a mix of civil‑administrative levers and criminal‑style fines to enforce compliance. Enforcement mechanisms and sanctions in the text:
Monetary fines (penalty units): multiple provisions create offences with fines expressed in penalty units. Examples include:
Training without a contract: employer must not train a person as if they were a trainee or apprentice unless a training contract is in effect (s 29). Penalty: fine not exceeding 100 penalty units.
Failure to forward training contract: s 30(2) creates a penalty of up to 100 penalty units for failing to forward the contract to TTAC within 28 days (by implication; s 30(2) itself carries a penalty).
Non‑compliance with training contract terms: parties must comply; breach attracts fine up to 100 penalty units (s 34).
Contravention of vocational placement agreement: a party must not contravene the agreement; penalty up to 50 penalty units (s 44).
Failure to comply with TTAC direction: parties must comply with written directions; penalty up to 100 penalty units (s 40).
Failure to produce or attend as required at TTAC hearings or conferences: a person required to attend must attend; failure attracts penalty up to 50 penalty units (s 52(5)).
False or misleading statements or documents: penalty up to 50 penalty units (s 91).
Obstruction or failure to comply with inspection requirements: penalty up to 50 penalty units (s 54(6)).
Offences by employers or host employers entering contracts while subject to a fit-and-proper notice: fined up to 100 penalty units for training contracts and up to 50 penalty units for vocational placement agreements (s 49).
Regulations can create additional offences and fines up to 50 penalty units and continuing offence fines (s 93(2)).
Administrative sanctions and deregistration: TTAC may refuse approval of training contracts, impose conditions, amend, suspend or cancel training contracts (s 32, 35-38). The Secretary maintains registers and may refuse or cancel registration of listed group training organisations where TTAC notifies that the organisation is not fit and proper (ss 13, 15). TTAC can determine an employer is not fit and proper and notify other bodies, with the notice taking effect on delivery and remaining until revoked (s 48(4)-(6)). Revocation is permitted, subject to application criteria and timing constraints (s 51).
Inspection and warrant powers: authorised persons may require production of records, make copies, seize material and require assistance at reasonable times (s 54(3)). Authorised persons must produce a certificate of authority (s 54(4)). Where there are reasonable grounds to believe the Act is being contravened, an authorised person (with Secretary consent) may apply for a search warrant; a justice or magistrate may issue a warrant authorising entry and search using reasonable force (s 55).
Inquiries and remedies: the Secretary may conduct inquiries into TTAC processes and into contraventions (s 53). After inquiry, the Secretary may make decisions considered appropriate and must notify relevant persons (s 53(6)).
Director and officer liability: where a corporate body commits an offence and that offence is proved to have occurred with the consent, connivance or neglect of an officer, that officer is liable as well as the corporate body (s 92).
Enforcement is therefore multi‑pronged: TTAC exercises regulatory control over contract life‑cycle and participant suitability; the Secretary exercises investigatory and record‑collection powers; criminal fines attach to specific contraventions; and inspection and warrant powers back statutory enforcement. The Act relies heavily on administrative decision‑making (TTAC/Secretary) to prevent and respond to non‑compliance.
How it interacts with other laws
The Act is structured to operate alongside and refer to multiple State and Commonwealth statutes. The Act itself cross‑references these instruments and, in places, displaces or modifies their operation for particular purposes:
National vocational regulation and qualifications frameworks: the Act defines "Australian Qualifications Framework", "Australian Qualifications Framework Council" and references nationally defined qualifications and standards that are adopted and subject to change (s 4(1)). Registered training organisations are defined with reference to the National Vocational Education and Training Regulator Act 2011 (Cth) (s 4(1)).
State Service and Administrative arrangements: "Agency" and "department" terms are defined with reference to the State Service Act 2000 and the Administrative Arrangements Act 1990 (s 4(1), s 94). The Secretary and the departmental administration allocation are framed by s 94 until otherwise ordered.
Workers compensation and occupational insurance: employers providing paid vocational placements must provide workers compensation under the Workers Rehabilitation and Compensation Act 1988 (s 45). For unpaid placements, registered training organisations must obtain indemnity insurance covering specified liabilities (s 46).
Privacy and unique student identifiers: s 28(4) authorises the Secretary, despite anything to the contrary in the Personal Information Protection Act 2004, to make records available and provide copies to Commonwealth/State/Territory governments for the purpose of meeting Tasmania's obligations on unique student identifiers. That is an explicit statutory carve‑out to the State privacy law for data sharing tied to unique student identifiers.
Industrial relations: the Act requires approval of "any relevant registered employee organisation" before vocational placements may be provided (s 43(2)(b)). The term is defined by reference to Part V of the Industrial Relations Act 1984 (Tas) and to the Fair Work (Registered Organisations) Act 2009 (Cth) (s 43(1) and s 4(1)). This establishes interaction between industrial representation frameworks and placement approvals.
Commissions of Inquiry and search warrants: s 53(5) brings Part 3 and specified sections (5(2), 11, 33, 34, 35) of the Commissions of Inquiry Act 1995 into play for inquiries the Secretary conducts, treating the Secretary as a Commission for those purposes. Section 55 imports the Search Warrants Act 1997 "with necessary modifications and adaptations" for warrant procedure (s 55(5)).
Commonwealth financial relations: s 26 mandates that Commonwealth financial assistance provided as national specific purpose payments or national partnership payments must be applied as specified in the Commonwealth Federal Financial Relations Act 2009. This ties State application of Commonwealth funds to the Commonwealth legislative scheme.
Corporations Act: officer liability for corporate offences under this Act uses the Corporations Act definition of "officer" (s 92(1)-(3)), linking corporate accountability standards.
Other State and Commonwealth education legislation: definitions reference the Tertiary Education Quality and Standards Agency Act 2011 (Cth) and the Education Act 2016 (Tas) for "higher education" and school definitions in s 4.
Operational impact: the Act constructs a hybrid regulatory space where State authorities (Secretary, TTAC) operate against a background of national standards, Commonwealth funding rules and privacy frameworks. It deliberately provides mechanisms (data sharing, reference to national standards) to align Tasmanian administration with Commonwealth and national VET policy instruments.
Amendment history
The text includes in‑text annotations of amendments and repeals; the Act’s lifecycle, as recorded in the provided text, includes the following identifiable amendments and repeals (authorities and applied dates are quoted as shown in the text):
Commencement: the Act commenced on 1 July 2013 (s 2).
No. 32 of 2021, Schedule 4 (applied 1 July 2022): this instrument appears multiple times in the text as having amended or repealed several provisions:
s 3(3) was amended by No. 32 of 2021, Sched. 4, applied 1 Jul 2022 (see s 3(3) note).
s 4(1) saw amendments by No. 32 of 2021, Sched. 4 applied 1 Jul 2022 in respect of several defined terms including TasTAFE (s 4 notes).
Part 5 was repealed by No. 32 of 2021, Sched. 4, applied 1 Jul 2022; the text shows the entirety of Part 5 and its divisions and sections 56-89 flagged as repealed by the same instrument and date.
s 93(4) bears an amendment note indicating No. 32 of 2021, Sched. 4 applied 1 Jul 2022.
Schedules 2 and 3 are indicated as repealed by No. 32 of 2021, Sched. 4, applied 1 Jul 2022.
No. 38 of 2020, Schedule 1 (applied 27 Nov 2020): the text notes s 81 was amended by No. 38 of 2020, Sched. 1, applied 27 Nov 2020; subsequently s 81 was repealed by No. 32 of 2021, Sched. 4 (applied 1 Jul 2022).
No. 9 of 2022, s 180 (applied 1 Jul 2023): s 4(1) was amended by No. 9 of 2022, s 180, applied 1 Jul 2023 affecting the definition of "person" (s 4 note).
The Act’s text carries multiple repeal notations: the whole of Part 5 and Schedules 2 and 3 were repealed by No. 32 of 2021 (applied 01 July 2022). The annotation practice adopted in the text means the active provisions are current as shown, but the in‑text amendment notes are the only amendment history recorded in the supplied material.
Practical implication for users: check the specific amendment instruments (No. 32 of 2021; No. 38 of 2020; No. 9 of 2022) for the exact drafting changes, transitional provisions or savings that the annotations summarise. The Act itself requires the Secretary to publish certain determinations (s 10(3)) and regulations may provide transitional or savings provisions (s 93(5)-(6)), so administrative practice and subordinate instruments may capture further operational change not reflected solely in the principal Act.
Litigation history
The supplied text contains no judicial decisions, reported litigation or references to cases applying or construing the Act. The Act does, however, establish statutory routes for administrative decision‑making and review that could generate litigation:
Administrative decisions by TTAC relating to approval, amendment, suspension or refusal of training contracts (s 32), fit and proper determinations (s 48), and notices (s 48-51) could be challenged by affected parties through judicial review or related remedies under general administrative law, though the Act’s text does not itself set out merits appeal rights.
The Secretary conducts inquiries under s 53; s 53(2)(a) expressly limits the Secretary’s inquiry jurisdiction so that an application may not relate to the merits of the decision. That limitation may shape the type of judicial review or remedies sought.
The Act provides for criminal fines and officer liability (ss 29, 34, 40, 91, 92). Criminal prosecutions or regulatory enforcement actions can generate contested litigation on facts and statutory interpretation.
Because no cases are named or discussed in the provided legislation text, practitioners who need litigation precedents must search Tasmanian and federal court databases for decisions mentioning the Training and Workforce Development Act 2013, TTAC decisions, or prosecutions under the Act. The Act’s reliance on TTAC and Secretary discretion suggests common pathways of dispute (fit and proper findings, contract approvals, refusal to register group training organisations, refusal or conditions imposed on contracts).
Absent from the text are statutory appeal routes to an independent merits tribunal. The inquiry mechanism in s 53 is limited to process. Practical litigation risk therefore arises from constitutional or judicial review challenges, prosecutions for breach of the statute, and subsidiary regulation‑driven compliance disputes; those constructs are present in the Act but no adjudicated examples are recorded in the supplied text.
Gotchas
Several operational features in the Act create practical risks and non‑obvious compliance traps for employers, RTOs and group training organisations. These are explicit in the text and deserve attention:
Training may take legal effect before approval but approval timing rules are specific: if a contract specifies an earlier commencement date, TTAC approval can be retrospective (s 32(3)). Conversely, if TTAC refuses approval, training provided from the contract’s specified start date until the date of refusal is nevertheless treated as having been provided under an approved contract (s 32(6)(b)). Practitioners must therefore note the temporal effects of approval, amendment and refusal.
Filing/deadline trap for employers: employers must forward training contracts to TTAC within 28 days after entering into them (s 30(2)). s 30(2) carries a penalty of up to 100 penalty units. Failure to lodge on time is therefore a direct offence, separate from whether TTAC later approves the contract.
Listable/listed group training organisation threshold is administratively set: the Secretary determines the "maximum allowable number" of trainees for non‑listed organisations and publishes it (s 10(2)-(3)). Exceeding that threshold makes an organisation "listable" and s 11 prohibits entering further training contracts unless registered as a listed group training organisation, with a fine up to 100 penalty units. The threshold is a moving administrative number; reliance on out‑of‑date public statements risks breach.
TTAC’s fit-and-proper determination is broad and can have interstate effects: TTAC may find employers or host employers not fit and proper and notify corresponding bodies in other States/Territories and Commonwealth departments (s 48(4)(b)-(c), s 48(5)(b)-(c)). A local decision can therefore have wider operational consequences beyond Tasmania.
Vocational placements require union/employee‑organisation approval: an employer must not provide a vocational placement without approval of "any relevant registered employee organisation" (s 43(2)(b)). The scope of "relevant" is fact‑sensitive and defined by reference to State and Commonwealth industrial registration frameworks (s 43(1)). Failure to secure such approvals carries penalties.
Privacy carve‑out for unique student identifiers: s 28(4) allows the Secretary to share records with government bodies notwithstanding the Personal Information Protection Act 2004 for unique student identifier purposes. RTOs and employers should be aware that data provided to the Secretary may be passed on under this statutory exception.
Insurance requirements for unpaid placements: the indemnity insurance obligation (s 46) is phrased as a duty on the registered training organisation arranging the unpaid placement, not on the host employer. The maximum single‑claim cap is $10,000,000 (s 46(3)). Failure to obtain such insurance is a statutory non‑compliance issue.
Inspection and seizure powers are wide: authorised officers may seize records and require production and assistance (s 54(3)(a)-(e), (c)). These powers are exercisable at reasonable times and require a certificate of authority (s 54(4)). Non‑compliance or obstruction carries fines (s 54(6)).
TTAC and Secretary discretion with limited merits review: TTAC can approve, refuse, amend, impose conditions, and give binding directions with penalties for non‑compliance (ss 32, 39-40). The Secretary’s inquiry power under s 53 is limited to process, not merits (s 53(2)(a)). Administrative discretion therefore drives many outcomes, and merits review avenues are constrained.
Multiple penalty scales and potential personal liability: fines can be up to 100 penalty units for some offences and 50 for others; corporate officers can be personally liable under s 92 where an offence by a corporation occurred with their consent, connivance or neglect.
Addressing these "gotchas" requires an operational checklist aligned with the Act’s timing rules, TTAC guidelines, Secretary determinations and record‑keeping obligations.
How to comply
The Act sets specific operational compliance steps for each class of actor. Below is a practical checklist, consistent with the statutory text, for common stakeholders. Citations are provided to the Act sections that impose the duties.
For employers entering traineeship/apprenticeship arrangements:
Do not train as if a person were a trainee or apprentice unless a training contract is in effect (s 29).
Before or immediately on entering a training contract, ensure the contract is in the form and contains the content required by TTAC guidelines (ss 31(3)(b), 32(2)(c), 21). Failure to meet TTAC form/content requirements can lead to non‑approval.
Forward the contract to TTAC within 28 days of entering it (s 30(2)). Treat this deadline as mandatory , the provision carries a penalty (s 30(2)).
If transferring, selling or disposing of business assets that affect training contracts, notify TTAC in writing within 14 days including contract reference number and purchaser details as specified in TTAC guidelines (s 33(2)(a)).
Be prepared for TTAC conditions, directions and inspections; comply with any directions given in writing (ss 40, 54). Non‑compliance is penalised (s 40).
If providing vocational placements, ensure a signed vocational placement agreement with a relevant registered training organisation is in place and obtain approval from any relevant registered employee organisation (ss 42-43). Provide workers compensation for paid placements (s 45).
For group training organisations:
Monitor the Secretary’s published "maximum allowable number" for non‑listed organisations (s 10(2)-(3)). If your organisation trains more than that number, apply to be registered as a listed group training organisation before entering further training contracts (ss 10-13). Applications must be in the approved form and accompanied by prescribed fees (s 12).
Maintain compliance with National Standards and Tasmanian Operational Requirements once listed (s 14).
Keep the Register of Listed Group Training Organisations up to date by notifying the Secretary of relevant changes (s 16, s 15).
For registered training organisations (RTOs) and TasTAFE:
When arranging unpaid vocational placements, obtain indemnity insurance covering the specified parties and with a maximum payable per claim of $10,000,000 (s 46(2)-(3)).
Enter and maintain vocational placement agreements that include TTAC‑determined provisions and make sure agreements are in writing (s 42).
Be ready to provide records, statistics and unique student identifier information to the Secretary on request (s 28(2)-(4)). Follow the Secretary’s directions on the manner of collection and retention (s 28(3)).
For all parties:
Keep accurate records suitable for the Training Contracts Register and for production on inspection (ss 41, 54). Certified copies of the Training Contracts Register are admissible evidence (s 90).
Comply with TTAC guidelines and Secretary directions; the TTAC issues guidelines on form, content and conditions for contracts and placements and can impose maximums for numbers of trainees (ss 21, 39).
Maintain transparency and avoid false or misleading statements in any information provided under the Act; s 91 imposes penalties for false statements or documents.
If notified as not fit and proper, note the effects immediately (s 48(4)-(6)); the TTAC may notify other jurisdictions and departments, and the notice remains in effect until revoked (s 51 sets revocation procedures and timing constraints).
Implement internal compliance controls: register monitoring, TTAC guideline tracking, records management, insurance certificates for unpaid placements, internal training and delegation of responsibility to a named compliance officer.
Administrative engagement and dispute handling:
Use TTAC dispute powers: a party to a training contract or vocational placement agreement may apply to TTAC to hear and determine disputes; applications must set out full details and actions taken (s 52).
If concerned about TTAC’s process in making a decision, use the Secretary’s inquiry mechanism within the 14‑day time limit and fee requirements (s 53(1)-(2)). Note the inquiry is limited to process, not merits (s 53(2)(a)), and has statutory timetables for commencement and completion (s 53(4)).
Where the Secretary or TTAC requests documents or attendance at hearings, comply with lawful notices; failure to do so incurs penalties (ss 52(3)-(5), 54(6)).
Record retention and evidence readiness:
Maintain versions of training contracts showing stated commencement dates; TTAC approval timing affects legal effect (s 32).
Keep documentary evidence of workers compensation or indemnity insurance coverage for placements; insurers’ certificates will be requested on inspection (ss 45-46).
For corporate bodies, ensure officers understand potential personal liability under s 92 for corporate offences.
Finally, read and follow TTAC guidelines (s 21), monitor Secretary determinations (s 10) and subordinate regulations (s 93) for any prescribed forms, fees and detailed procedural requirements: much of the operational detail is delegated to those instruments.
Section 5Priorities for training and workforce development system
apprentice means an employee who is described as an apprentice and is a party to a training contract that provides for the employee to undergo training leading to a qualification under the Australian Qualifications Framework;
Australian Qualifications Framework means the national policy of that name for accredited qualifications in Australian education and training (including addenda to that policy added from time to time) that –
(a) defines qualifications recognised nationally in education and training undertaken within Australia; and
(b) is endorsed and published by the Australian Qualifications Framework Council; and
(c) took effect on 1 July 2011 –
as amended or substituted from time to time;
Australian Qualifications Framework Council means the council –
(a) established under the authority of the National Ministerial Council responsible for education, training and employment; and
(b) that has responsibilities for the Australian Qualifications Framework;
dispute means a dispute relating to the terms, conditions or operation of a training contract or a vocational placement agreement;
employer includes, if appropriate, a group training organisation;
foundation skills means skills in the English language, literacy and numeracy together with skills required for participation in modern workplaces and contemporary life;
group training organisation means a person or organisation whose business includes employing trainees or apprentices, or both, under training contracts and placing those trainees or apprentices with host employers;
higher education means education in relation to which a higher education award, within the meaning of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, may be issued;
host employer means an employer that, under a written agreement with a group training organisation, trains trainees or apprentices, or both, employed by that group training organisation under a training contract entered into by that group training organisation, regardless of whether that training takes place in Tasmania or elsewhere;
listable group training organisation has the meaning given by section 10 ;
listed group training organisation means a group training organisation that is listed in the Register of Listed Group Training Organisations maintained under section 16 ;
Ministerial Council means a council that comprises the Ministers for each State and Territory and the Commonwealth who have responsibility for tertiary education and skills;
person includes –
(a) [Section 4 Subsection (1) amended by No. 9 of 2022, s. 180, Applied:01 Jul 2023] a State school, or a registered school, as defined in the Education Act 2016 ; and
(b) a group of such State schools or registered schools, or both; and
(c) a department, as defined in the Administrative Arrangements Act 1990 , or part of such a department;
qualification has the same meaning as in the Australian Qualifications Framework;
registered training organisation means a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;
Register of Listed Group Training Organisations means the Register of Listed Group Training Organisations maintained under section 16 ;
regulations means regulations made and in force under section 93 ;
Secretary means the Secretary of the Department;
[Section 4 Subsection (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022]
[Section 4 Subsection (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022]TasTAFE means TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 ;
trainee means an employee who, whether described as a trainee or otherwise, is a party to a training contract that provides for the employee to undergo training leading to a qualification, but does not include an employee described as an apprentice;
training contract means a contract between an employer and another person entered into under section 30 ;
Training Contracts Register means the register maintained under section 41 ;
TTAC means the Tasmanian Traineeships and Apprenticeships Committee established under section 17 ;
TTAC guidelines means guidelines issued by the TTAC, and in force, under section 21 ;
vocational education and training means the vocational education and training, and attainment of associated qualifications or statements of attainment, under level 1, 2, 3, 4, 5 and 6 of the Australian Qualifications Framework;
vocational placement means a placement that provides paid or unpaid employment, for a period of less than 240 hours in a 12-month period, at a work place as part of training leading to a qualification;
workforce development means building the capacity of enterprises to develop and use the skills of their workforces to maximum advantage for the benefit of the enterprises, industry and the community.
(2) For the purposes of this Act, if a group training organisation enters into a training contract –
(a) that group training organisation is taken to be the employer of the trainee or apprentice who is the other party to the training contract; and
(b) training provided to the trainee or apprentice by a host employer is taken to have been provided by that group training organisation.
5 Priorities for training and workforce development system
5 Priorities for training and workforce development system
The Minister is to establish priorities in relation to training and workforce development that promote and further the object of this Act.
Part 2 General Administration of Training and Workforce Development System
Part 2 General Administration of Training and Workforce Development System
Division 1 Role of Secretary
Division 1 Role of Secretary
6 Responsibilities of Secretary
6 Responsibilities of Secretary
(1) The Secretary has the following responsibilities in relation to the administration of Tasmania's system of training and workforce development:
(a) to advise the Minister on priorities in relation to training and workforce development;
(b) to ensure that funding provided for the purposes of this Act, other than Part 5 , is used for, or in relation to –
(i) the purchase of training from TasTAFE and other registered training organisations; and
(ii) the support of workforce development activities –
in a manner that is consistent with furthering the object of this Act and in accordance with the Minister's priorities in relation to training and workforce development;
(c) to provide to the Minister, by no later than 30 April in each year, a written report on the performance of Tasmania's system of training and workforce development.
(2) In providing advice under subsection (1)(a) , the Secretary is to –
(a) liaise with industries, businesses, communities and relevant interest groups and take their views into account; and
(b) consider the needs of the Tasmanian workforce for training, or skills, and workforce development; and
(c) ensure that the advice promotes and furthers the object of this Act.
(3) The report referred to in subsection (1)(c) is in addition to the annual report required under section 36 of theState Service Act 2000 and is not to be included in that annual report.
7 Advisory committees
7 Advisory committees
(1) The Secretary may establish such committees as he or she considers appropriate to advise him or her in relation to the performance and exercise of his or her responsibilities, functions and powers under this Act.
(2) A committee established under subsection (1) is to report to and advise the Secretary on the matters referred to it by the Secretary.
(3) A member of a committee established under subsection (1) holds office as a member for the term, and on the conditions, specified in his or her instrument of appointment.
(4) The Secretary may provide for the regulation of the proceedings of a committee established under subsection (1) in writing provided to the committee.
(5) Except as provided otherwise by the Secretary, a committee established under subsection (1) may regulate its own proceedings.
8 Fees and charges
8 Fees and charges
(1) The Secretary, with the approval of the Minister, may impose any fee, levy or charge the Secretary considers appropriate in respect of any goods or services provided in relation to the operation of this Act.
(2) The Secretary, with the approval of the Minister, may exempt a person or class of persons from the obligation to pay all or part of any fee, levy or charge otherwise payable under subsection (1) if satisfied that it is equitable or appropriate to do so in the circumstances.
9 Delegation by Secretary
9 Delegation by Secretary
The Secretary may delegate any of his or her functions or powers under this Act, other than this power of delegation.
Division 2 Listing of certain group training organisations
Division 2 Listing of certain group training organisations
10 Listable group training organisation
10 Listable group training organisation
(1) A group training organisation is a listable group training organisation if, under training contracts, it trains at any one time more than the maximum allowable number of trainees and apprentices as determined under subsection (2) .
(2) The Secretary may determine the maximum allowable number of trainees and apprentices for a group training organisation that is not a listed group training organisation.
(3) The Secretary is to publish, in such manner as the Secretary considers appropriate, the maximum allowable number of trainees and apprentices for a group training organisation that is not a listed group training organisation as determined under subsection (2) .
11 Requirement for registration of certain group training organisations
11 Requirement for registration of certain group training organisations
A group training organisation must not enter into a training contract if –
(a) it is a listable group training organisation or, by so entering into the training contract, it would become a listable group training organisation; and
(b) it is not registered as a listed group training organisation in the Register of Listed Group Training Organisations.
Penalty: Fine not exceeding 100 penalty units.
12 Application to be registered as listed group training organisation
12 Application to be registered as listed group training organisation
(1) A group training organisation may apply to the Secretary to be registered as a listed group training organisation.
(2) An application is to be –
(a) in the form approved by the Secretary; and
(b) accompanied by any application fee prescribed in the regulations.
(3) On receipt of an application, the Secretary may require the applicant to provide such information and documents as he or she considers relevant to the application.
13 Registration as listed group training organisation
13 Registration as listed group training organisation
(1) On receipt of an application under section 12 , the Secretary –
(a) is to register the applicant group training organisation as a listed group training organisation in the Register of Listed Group Training Organisations unless –
(i) the TTAC has notified the Secretary that it has refused to approve a training contract to which the applicant is a party under section 32(2)(d) on the basis that the TTAC is not satisfied that the group training organisation is a fit and proper person within the meaning of section 48 ; and
(ii) the TTAC has not notified the Secretary that it now considers the group training organisation to be such a fit and proper person; or
(b) is to refuse to register the applicant as a listed group training organisation if –
(i) the TTAC has notified the Secretary as specified in paragraph (a)(i) ; and
(ii) the TTAC has not notified the Secretary as specified in paragraph (a)(ii) .
(2) On registering an applicant group training organisation as a listed group training organisation, the Secretary is to issue to the listed group training organisation a certificate of registration.
(3) The registration of an applicant group training organisation as a listed group training organisation –
(a) commences on t
This is an opening excerpt, not the complete document.