Training and Workforce Development Act 2013
48Employers who are not fit and proper persons for purposes of training contracts or vocational placement agreements
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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