Schedule 2 — Provisions about old agreements and old training contracts
Terms used 82
Old agreements to be read with modifications 82
Old agreements and contracts not terminated by sale of business 84
Technical instruction requirements for trade apprentices 84
Final certificates for trade apprentices 84
Compilation table 85
Other notes 87
Defined terms
Vocational Education and Training Act 1996
Part 1 — Preliminary matters
1. Citation
These regulations are the *Vocational Education and Training (General) Regulations 2009*.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Training Legislation Amendment and Repeal Act 2008, other than Part 1, comes into operation.
3. Terms used
In these regulations, unless the contrary intention appears —
Act means the Vocational Education and Training Act 1996;
AQF means the framework for recognition and endorsement of qualifications set out in the document titled “Australian Qualifications Framework”, Second Edition, January 2013 as amended by —
(a) the document titled “Addendum No. 5 to AQF Second Edition January 2013: Amended Qualification Type: AQF Issuance Policy, Masters Degree (Extended)” dated 19 November 2024; and
(b) the document titled “Addendum No. 6 to AQF Second Edition January 2013: The Undergraduate Certificate qualification” dated 23 January 2025; and
(c) the document titled “Addendum No. 7 (Part A) to AQF Second Edition January 2013: Vocational Degree Qualification” dated 26 February 2025; and
(d) the document titled “Addendum No. 7 (Part B) to AQF Second Edition January 2013: Vocational Degree: Updates to AQF Issuance Policy and Glossary” dated 26 February 2025;
The documents referred to in this definition are available on a website maintained by or on behalf of the Council.
ASQA means the Australian Skills Quality Authority (the National VET Regulator) established under the Commonwealth Act section 155;
Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 (Commonwealth);
Schedule Sch 2 - Vocational Education and Training (General) Regulations 2009 - Provisions about old agreements and old training contracts | Zoe
compliance standards means the document titled “Compliance Standards and Fit and Proper Person Requirements ‑ Registration Standards 2025” version 1.0 dated 20 August 2025;
complying training plan has the meaning given in regulation 43(1);
data provision requirements means the document titled “Data Provision Requirements” version 1.0 dated 20 August 2025;
fit and proper person requirements means Schedule 1 to the compliance standards;
jurisdiction means WA and each jurisdiction listed in regulation 5;
national register means the National Register as defined in the Commonwealth Act section 3;
non‑referring State has the meaning given in the Commonwealth Act section 7;
outcome standards means the document titled “Outcome Standards ‑ Registration Standards 2025” version 1.0 dated 20 August 2025;
personal details —
(a) of an individual, means their name, residential address and date of birth; or
(b) of a body corporate, means its name, the address of its principal place of business and any identifying number it has under the law of the Commonwealth, a State or a Territory;
registration application means an application to be registered as a training provider under section 58B of the Act;
registration standards 2025 means —
(a) the compliance standards; and
(b) the outcome standards;
school‑based apprenticeship has the meaning given in regulation 43(1);
training provider application means —
(a) a registration application; or
(b) an application made under regulation 16 for a renewal of a registration; or
(c) an application made under regulation 17 for a variation of a registration;
VET quality framework means —
(a) the registration standards 2025; and
(b) the AQF; and
(c) the data provision requirements; and
(d) the Financial Viability Assessment Guidelines for the Registration of Training Providers 2017 as issued under section 13 of the Act on 6 September 2017;
The document referred to in paragraph (d) of this definition is available on a website maintained by or on behalf of the Council.
WA means Western Australia;
WA registered provider means a training provider that is registered by the Council under Part 7A of the Act;
working day means a day other than a Saturday, a Sunday or a public holiday in Perth.
[Regulation 3 amended: Gazette 17 Dec 2013 p. 6219; 10 Mar 2015 p. 827; 29 Dec 2017 p. 6081; SL 2025/165 r. 4.]
Part 2 — General matters
4. Approved VET courses (Act s. 5(1))
listed means listed on the national register.
(2) For the purpose of the definition of approved VET course in section 5(1) of the Act, the following are prescribed —
(a) each listed unit of competency that forms part of a listed training package;
(b) any VET course accredited by ASQA;
(c) any VET course accredited by another non‑referring State.
[Regulation 4 amended: Gazette 17 Dec 2013 p. 6220; 10 Mar 2015 p. 827-8.]
5. Corresponding laws (Act s. 5(1))
(1) For the purpose of the definition of corresponding law in section 5(1) of the Act, the laws listed of the jurisdictions listed in the Table are prescribed.
Table
| Jurisdiction | Law |
| Australian Capital Territory | Training and Tertiary Education Act 2003 |
| New South Wales | Vocational Education and Training Act 2005 1 |
| Northern Territory | Northern Territory Employment and Training Act 2 |
| Queensland | Vocational Education, Training and Employment Act 2000 3 |
| South Australia | Training and Skills Development Act 2008 |
| Tasmania | Vocational Education and Training Act 1994 4 |
| Victoria | Education and Training Reform Act 2006 |
(2) For the purpose of the definition of corresponding law in section 5(1) of the Act, any law passed by a jurisdiction listed in the Table to subregulation (1) in substitution for a law listed in that Table is prescribed.
6. Prescribed VET qualifications (Act s. 5(1))
For the purpose of the definition of prescribed VET qualification in section 5(1) of the Act, each of these types of qualification, if conferred or purported to be conferred in respect of vocational education and training, is prescribed —
(a) Certificate I;
(b) Certificate II;
(c) Certificate III;
(d) Certificate IV;
(e) Diploma;
(f) Advanced Diploma;
(g) Vocational Degree.
[(h) deleted]
[Regulation 6 amended: SL 2025/71 r. 4.]
Part 3 — Regulations for Part 7A of the Act
Division 1 — General matters
7. Terms used
accreditation application means an application to have a VET course accredited under section 58C of the Act;
accreditation standards means the document titled “AQTF2021 Standards for Accredited Courses” dated 28 July 2021;
audit means an audit conducted under regulation 25;
compliance audit means a compliance audit conducted under regulation 26A;
condition of registration, for a WA registered provider, means a condition to which the provider’s registration is subject under regulation 13(1);
governing person, in relation to a training provider —
(a) means a person responsible for overseeing, directing or exercising a degree of control or influence over the management or operation of the provider; and
(b) includes —
(i) an executive officer (as that term is defined in the Commonwealth Act section 3) in relation to the provider; and
(ii) a high managerial agent (as that term is defined in the Commonwealth Act section 3) of the provider;
investigation means an investigation conducted under regulation 26B;
owner, of a VET course, means the person who owns the copyright in the course;
register means the register created and maintained under regulation 9;
registering body means —
(a) the Council; or
(b) the body responsible for registering training providers under a corresponding law; or
(c) ASQA;
registration document means a document that evidences the registration of a training provider and that complies with the requirements of the Standards for VET Regulators;
scope of registration, of a registered training provider, means —
(a) the approved VET courses for which the provider is authorised to provide training or assessments or both by the provider’s registration; and
(b) the approved VET qualifications and prescribed VET qualifications that the provider is authorised to confer by the provider’s registration;
Standards for VET Regulators means the Standards for VET Regulators 2015 (Cth) as in force on 14 April 2017;
This document is made under the Commonwealth Act section 189 and is published on the Commonwealth’s legislation website.
VET course for a prescribed VET qualification means a VET course that, if successfully completed by a person, will result in the conferral of a prescribed VET qualification on the person if the person has also fulfilled any other requirements to obtain the qualification such as those of an apprentice under a training contract;
WA accredited course means a VET course that is an approved VET course by reason of being accredited by the Council under Part 7A of the Act.
[Regulation 7 inserted: SL 2025/165 r. 5.]
8. Council standards and framework
(1) In performing its functions under Part 7A of the Act, the Council must have regard to the Standards for VET Regulators.
(2) In performing its functions under Part 7A of the Act, the Council must apply —
(a) the VET quality framework; and
(b) the accreditation standards.
[Regulation 8 amended: Gazette 25 Oct 2011 p. 4509; 17 Dec 2013 p. 6220; 10 Mar 2015 p. 828; SL 2025/165 r. 6.]
9. Register
(1) The Council must create and maintain a register that records this information —
(a) in relation to each WA registered provider —
(i) the information required by regulation 12(7)(a);
(ii) any variation, suspension or cancellation of the provider’s registration;
(iii) any other information the Council decides should be on the register;
(b) in relation to each WA accredited course —
(i) the information required by regulation 30(2)(a);
(ii) any variation, suspension or cancellation of the course’s accreditation;
(iii) any other information the Council decides should be on the register.
(2) The Council must make the register available for inspection by the public.
(3) The Council must give the information on the register, and any change to the information, to the person responsible for managing the national register as soon as practicable after it is recorded on the register.
[Regulation 9 amended: Gazette 17 Dec 2013 p. 6220.]
Division 2 — Registration of training providers
10. Applying to be registered training provider
(1) A person may apply to be registered as a training provider under section 58B of the Act —
(a) if the person’s principal place of business —
(i) is in WA and all or most of the vocational education and training that the person provides, or intends to provide, is or will be either in WA or another non‑referring State (whether or not the person also provides, or intends to provide, vocational education and training elsewhere); or
(ii) is in another non‑referring State and all or most of the vocational education and training that the person provides, or intends to provide, is or will be in WA (whether or not the person also provides, or intends to provide, vocational education and training elsewhere);
and
(b) the person is not a training organisation to which the Commonwealth Act applies.
(2) A WA registered provider whose registration is cancelled by the Council may not apply for registration under section 58B of the Act for 2 years, or such shorter time as the Council considers appropriate, after the day that the cancellation takes effect.
(3) A registration application made to the Council must be in a form approved by the Council and be accompanied by —
(b) the application fee set under regulation 23.
(4) If a registration application is not made in accordance with this regulation, the Council may reject it without deciding it.
[Regulation 10 amended: Gazette 17 Dec 2013 p. 6221.]
11. Dealing with training provider applications
[(1) deleted]
(2) This regulation and regulations 12, 16 and 17 do not limit the grounds on which the Council may decide not to grant a training provider application.
(3) The Council may ask the applicant to provide it with any information it needs to decide a training provider application.
(4) The Council may delay deciding a training provider application until it has received any information it has asked the applicant to provide.
(5) If the Council does not grant a training provider application, it must give the applicant a written notice stating its decision and the reasons for its decision.
[Regulation 11 amended: SL 2025/165 r. 7.]
12. Registering training providers
(1) In this regulation, a person is an associate of another person if —
(a) one is a parent, spouse, de facto partner or child of the other; or
(b) one is an employer or employee of the other; or
(c) they are partners in a partnership; or
(d) one is a body corporate and the other —
(i) is a director or a member of the governing body of the body corporate; or
(ii) is otherwise involved in the control or management of the body corporate; or
(iii) has a legal or equitable interest in 5% or more of the share capital of the body corporate;
or
(e) one is the trustee or beneficiary of a trust of which the other is also a trustee or beneficiary; or
(f) a chain of relationships can be traced between them under one or more of the preceding paragraphs.
(2) This regulation applies whether the Council is deciding a registration application, or deciding on its own initiative whether to register a training provider.
(3) The Council must not register a training provider unless it is satisfied that the provider satisfies the criteria for making a registration application under regulation 10(1) and has sufficient resources to be a training provider and that —
(a) the provider complies with the VET quality framework and the conditions of registration for the provider; or
(b) an audit has been conducted on the provider within the previous 3 months and the provider has been found to comply with the VET quality framework and the conditions of registration for the provider; or
(c) the provider is registered under a corresponding law and the registration application does not seek a scope of registration or a condition of registration for the provider that differs from the scope or a condition of registration for the provider under the corresponding law.
(4) The Council must not register a training provider who is registered under a corresponding law or the Commonwealth Act until the Council receives a notice from the relevant registering body that the registering body has cancelled the provider’s registration.
(5) The Council must not register a training provider unless the provider has paid the registration fee set under regulation 23.
(6) The Council may refuse to register a training provider if it is not satisfied that the provider, or a governing person in relation to the provider, is a fit and proper person.
(6A) In determining whether a provider, or a governing person in relation to the provider, is a fit and proper person, the Council —
(a) must have regard to the fit and proper person requirements; and
(b) may have regard to —
(i) the prior conduct of the provider, the governing person, an associate of the provider or an associate of the governing person (whether in WA or elsewhere); and
(ii) any other matter the Council considers relevant.
(7) If the Council decides to register a training provider, it must do the following —
(a) include this information on the register —
(i) the provider’s personal details;
(ii) the provider’s scope of registration;
(iii) any condition of registration for the provider imposed under regulation 13(3)(c);
(b) give the applicant a registration document;
(c) give the applicant written notice of each condition to which the registration is subject under regulation 13.
[Regulation 12 amended: Gazette 25 Oct 2011 p. 4509; 17 Dec 2013 p. 6221; 10 Mar 2015 p. 828‑9; SL 2025/165 r. 8.]
13. Conditions of registration
(1) A WA registered provider’s registration is subject to —
(a) the VET quality framework; and
(b) the mandatory conditions in subregulation (2); and
(c) any conditions imposed under subregulation (3).
(2) The mandatory conditions that apply to a WA registered provider’s registration are the following —
(a) the provider must comply with the VET quality framework;
(b) the provider must, if an audit or a compliance audit shows the provider does not comply with the VET quality framework, take all steps necessary to comply with the framework;
(c) the provider must have sufficient resources to be a training provider;
(d) the provider must, if an audit or a compliance audit shows the provider is not complying with a condition of registration for the provider, take all steps necessary to comply with it;
(e) if any of the following events has occurred or is going to occur, the provider must give the Council written notice of it within 10 working days —
(i) a significant change to the provider’s operations or any other event that would significantly affect the provider’s ability to comply with the VET quality framework or a condition of registration for the provider;
(ii) the provider’s principal place of business ceases to be in WA;
(iii) all or most of the vocational education and training that the provider provides ceases to be provided in WA;
(f) the provider must cooperate with the Council to the extent necessary for the Council to perform its functions or to facilitate the Council’s performance of its functions, including —
(i) in the conduct of audits, compliance audits and investigations; and
(ii) in the monitoring of the provider’s operations;
(g) the provider must provide accurate —
(i) responses to information requests from the Council relevant to the provider’s registration; and
(ii) information to the Council as required by the data provision requirements.
(3) The Council may impose any of the following conditions when registering or varying the registration of a training provider —
(a) a condition that specifies or limits the approved VET courses for which the provider is authorised to provide training or assessments or both under the registration;
(b) a condition that specifies or limits the approved VET qualifications and the prescribed VET qualifications that the provider is authorised to confer under the registration;
(c) a condition that otherwise relates to or limits the operations that the provider is authorised to conduct under the registration.
(4) A condition imposed under subregulation (3) must be consistent with the VET quality framework.
[Regulation 13 amended: Gazette 25 Oct 2011 p. 4510; 17 Dec 2013 p. 6222; 10 Mar 2015 p. 829‑30; SL 2025/165 r. 9.]
14. Period of registration
Unless it is sooner cancelled by the Council, a WA registered provider’s registration, whether granted initially or renewed, has effect for the period (not over 7 years) set by the Council and specified in the registration document given to the provider.
[Regulation 14 amended: Gazette 10 Mar 2015 p. 830; 28 Aug 2015 p. 3599.]
15. Annual fees payable by registered training providers
A WA registered provider must pay an annual fee set under regulation 23 on or before each anniversary of the provider’s registration or its renewal.
16. Renewal of registration
(1) An application by a WA registered provider for a renewal of its registration must be in a form approved by the Council and be accompanied by —
(b) the fee set under regulation 23.
(2) If a WA registered provider makes a renewal application under subregulation (1) at least 3 months before its registration is due to expire —
(a) the registration continues to have effect, despite regulation 14, until the expiry or until the Council decides the application, whichever occurs later; and
(b) if the registration is renewed, the renewal has effect from the expiry, even if the application is not granted until after the expiry.
(3) The Council, whether on a renewal application or on its own initiative, must not renew the registration of a WA registered provider unless —
(a) the Council is satisfied —
(i) that the provider satisfies the criteria for making a registration application under regulation 10(1); and
[(ii) deleted]
(iii) the provider is complying with the conditions of registration for the provider; and
(iv) there would be no reason, if the provider were applying to be registered as a training provider, for the Council, under regulation 12(6), to refuse to register the provider;
and
(b) the provider has paid the fee set under regulation 23.
(4) If the Council decides to renew a WA registered provider’s registration, it must —
(a) update the register; and
(b) give the provider a registration document.
[Regulation 16 amended: Gazette 25 Oct 2011 p. 4510; 17 Dec 2013 p. 6222; 10 Mar 2015 p. 830; SL 2025/165 r. 10.]
17. Varying registration
(1) An application by a WA registered provider for a variation of its registration must be in a form approved by the Council and be accompanied by —
(b) the fee set under regulation 23.
(2) On an application made under subregulation (1) the Council may vary —
(a) the applicant’s scope of registration; or
(b) a condition of registration for the provider imposed under regulation 13(3)(c); or
(c) any other of the applicant’s details on the register.
(3) The Council, on its own initiative, may vary a WA registered provider’s registration at any time by doing any of the following —
(a) correcting any information on the register that is wrong;
(b) changing the provider’s scope of registration;
(c) imposing a condition of registration for the provider that may be imposed under regulation 13(3)(c);
(d) varying or cancelling a condition of registration for the provider that has been imposed under regulation 13(3)(c).
(4) The Council must not vary a WA registered provider’s registration to change the provider’s scope of registration unless it is satisfied that —
(a) the provider satisfies the criteria for making a registration application under regulation 10(1); and
(b) in relation to any operations that the change would authorise the provider to conduct and that, without the change, the provider is not authorised to conduct, either —
(i) the provider complies with the VET quality framework; or
(ii) an audit or a compliance audit has been conducted on the provider within the previous 3 months and the provider has been found to comply with the VET quality framework.
(5) If the Council varies a WA registered provider’s registration, the Council must give the provider written notice of its decision and, if the decision is made under subregulation (3), the reasons for it.
[Regulation 17 amended: Gazette 25 Oct 2011 p. 4510; 17 Dec 2013 p. 6222; 10 Mar 2015 p. 830; SL 2025/165 r. 11.]
18. Cancelling registration if provider’s operations change
(1) Under section 58B of the Act, the Council may cancel a WA registered provider’s registration if it is satisfied that the provider is a person who does not satisfy, or no longer satisfies, the criteria for making a registration application under regulation 10(1).
(2) The Council must not cancel a WA registered provider’s registration under subregulation (1) unless it has given the provider at least 30 days’ written notice of its intention to do so.
(3) If, before the period in the notice expires, the provider applies to another registering body to be registered as a training provider under a corresponding law or the Commonwealth Act, the Council must not cancel the registration until the application is decided.
[Regulation 18 amended: Gazette 17 Dec 2013 p. 6222; SL 2025/165 r. 12.]
19. Suspending or cancelling registration
(1) Under section 58B of the Act, the Council may suspend or cancel a WA registered provider’s registration if it is satisfied as to any of the following matters —
(a) the provider was registered as a result of false or misleading information given by the provider;
(b) the provider has requested or consents to the suspension or cancellation;
(c) the provider has ceased to exist;
[(d) deleted]
(e) the provider has contravened a condition of registration for the provider;
(f) the provider, or a governing person in relation to the provider, is not a fit and proper person having regard to the matters in regulation 12(6A);
(g) the provider has not paid any annual fee in accordance with regulation 15.
(2) Under section 58B of the Act, the Council may suspend or cancel a WA registered provider's registration for a reason specified by subregulation (1) even if —
(a) the provider satisfies the criteria for making a registration application under regulation 10(1); or
(b) the provider has applied to another registering body to be registered as a training provider under a corresponding law or the Commonwealth Act.
(3) The suspension of a WA registered provider’s registration may relate to the whole or a part of the provider’s scope of registration, as the Council decides.
(4) To suspend a WA registered provider’s registration, the Council must give the provider a written order suspending the registration that includes —
(a) the reasons for the suspension; and
(b) any terms applicable to the suspension under regulation 20.
(5A) The reasons for the suspension referred to in subregulation (4)(a) must identify specific issues to be addressed by the applicant.
(5) If a WA registered provider’s registration is suspended, the provider does not cease to be a registered training provider.
(6) The Council must not cancel a WA registered provider’s registration unless it has consulted any registering body that has, or may have, registered the provider under a corresponding law or under the Commonwealth Act.
(7) A contravention of subregulation (6) does not affect the validity of any cancellation of the provider’s registration.
(8) If the Council cancels a WA registered provider’s registration, the Council must, if practicable, give the provider written notice of its decision and the reasons for it.
[Regulation 19 amended: Gazette 25 Oct 2011 p. 4510; 17 Dec 2013 p. 6223; 15 Jul 2014 p. 2463; 10 Mar 2015 p. 831; SL 2025/165 r. 13.]
20. Suspension of WA registered provider may be on terms
(1) If under section 58B of the Act the Council suspends a WA registered provider’s registration, the suspension may be on any terms the Council decides to impose including, but not limited to, the term referred to in subregulation (3).
(2) The Council may vary or cancel the terms of a suspension during the period of the suspension.
(3) Unless exceptional circumstances justify the Council in refusing to impose the term, a suspension must include a term that the provider —
(a) may provide any training or assessment that the provider, but for the suspension, would have been authorised to provide, if it is provided under an agreement entered into by the provider before the suspension had effect; and
(b) may solicit and accept consideration from a person for training or assessment provided, if it was provided under an agreement entered into by the provider before the suspension had effect.
21. Effect of suspension of WA registered provider
(1) This regulation applies if under section 58B of the Act the Council suspends a WA registered provider’s registration.
(2) A person must not, for any training or assessment that the provider, but for the suspension, would have been authorised to provide, do anything for any of these purposes —
(a) recruiting or enrolling any person;
(b) soliciting or accepting any consideration from any person for any person’s recruitment or enrolment;
(c) starting any person’s training or assessment.
Penalty: a fine of $5 000.
22. Requests for reassessment of decision to suspend WA registered provider
(1) This regulation applies if the Council has decided to suspend a WA registered provider’s registration under regulation 19.
(2) A WA registered provider to whom this regulation applies may request in writing that the Council reassess its decision in relation to the issues identified by the Council in the written order given under regulation 19(4).
(3) A request by a WA registered provider must —
(a) describe the actions taken by the provider to address the issues identified in the order referred to in subregulation (2); and
(b) provide evidence to demonstrate that those issues have been addressed by the provider; and
(c) be accompanied by the reassessment fee set under regulation 23.
[Regulation 22 inserted: Gazette 17 Dec 2013 p. 6223‑4.]
23. Fees
(1) The fees payable under this Division are to be set by the Council.
(2) The fees set must be such amounts that in total do not exceed the costs and expenses incurred by the Council in administering Part 7A of the Act in so far as it relates to training providers.
(3) The Council may set differing fees according to the number of industries in relation to which training providers provide vocational education and training.
(4) If a fee payable under this Division is not paid, the amount of the fee may be recovered in a court of competent jurisdiction as a debt due to the State.
Division 3 — Audits of, and investigations into, training providers
[Heading amended: Gazette 17 Dec 2013 p. 6224.]
24. Term used: official travel costs
In this Division —
official travel costs means —
(a) reasonably incurred airfares; and
(b) such other travel expenses as may be reasonably incurred, including the following expenses —
(i) accommodation;
(ii) car rental;
(iii) a meal.
[Regulation 24 inserted: SL 2025/165 r. 14.]
25. Audits
(1) An inquiry conducted under section 58D of the Act may be in the form of an audit to establish whether a training provider is complying with the Act, VET quality framework or conditions of registration for the provider.
(2A) The Council may conduct an audit at any time on a training provider if the Council thinks fit having regard to the Act and the relevant registration requirements.
(2B) A training provider must cooperate with the Council in its conduct of an audit and provide any relevant information that the Council requests.
(2) An audit must comply with the Standards for VET Regulators to the extent that they relate to audits.
(3) A contravention of subregulation (2) does not affect the validity of the audit if the contravention —
(a) does not substantially affect the outcome of the audit; or
[Regulation 25 amended: Gazette 17 Dec 2013 p. 6225; 10 Mar 2015 p. 831‑2; SL 2025/165 r. 15.]
26A. Compliance audits
(1) An inquiry conducted under section 58D of the Act may be in the form of a compliance audit on a WA registered provider in the form of a review or examination of the provider’s operations or a particular aspect of the operations.
(2) The Council may conduct a compliance audit on a WA registered provider —
(a) if the Council thinks fit after assessing the results of an audit; or
(b) as part of an investigation.
(3A) A WA registered provider must cooperate with the Council in its conduct of a compliance audit and provide any relevant information that the Council requests.
(3B) A compliance audit must comply with the Standards for VET Regulators to the extent that they relate to compliance audits.
(3C) A contravention of subregulation (3B) does not affect the validity of the compliance audit if the contravention —
(a) does not substantially affect the outcome of the compliance audit; or
(3) If the Council conducts a compliance audit on a WA registered provider, a charge is payable for —
(a) the costs and expenses incurred by the Council in conducting the compliance audit, calculated as the sum of —
(i) $1 000; and
(ii) if the audit exceeds 4 hours in length — $250 per subsequent hour; and
(iii) the official travel costs;
and
(b) if part of the compliance audit is conducted outside Australia — additional expenses reasonably incurred by the Council relating to that part of the audit.
(4) A charge under subregulation (3) relating to a compliance audit on a WA registered provider is payable by that provider.
(5) If a charge payable under subregulation (3) is not paid, the amount of the charge may be recovered in a court of competent jurisdiction as a debt due to the State.
[Regulation 26A inserted: Gazette 17 Dec 2013 p. 6225‑6; amended: Gazette 10 Mar 2015 p. 832; SL 2025/165 r. 16.]
26B. Investigations
(1) An inquiry conducted under section 58D of the Act may be in the form of an investigation of a WA registered provider’s compliance with the VET quality framework, the accreditation standards or the conditions of registration for the provider.
(2A) A WA registered provider must cooperate with the Council in its conduct of an investigation and provide any relevant information that the Council requests.
(2) The investigation must comply with the Standards for VET Regulators to the extent that they relate to investigations of complaints.
(3) A contravention of subregulation (2) does not affect the validity of the investigation if the contravention —
(a) does not substantially affect the outcome of the investigation; or
(4) If the Council investigates a complaint made about a WA registered provider and finds the complaint substantiated, a charge is payable for —
(a) the costs and expenses incurred by the Council in conducting the investigation, calculated as the sum of —
(i) $250 per hour; and
(ii) the official travel costs;
and
(b) if a compliance audit is conducted as part of the investigation — the charges prescribed under regulation 26A(3)(a); and
(c) if part of the investigation, or compliance audit referred to in paragraph (b), is conducted outside Australia — additional expenses reasonably incurred by the Council relating to that part of the investigation or audit.
(5) A charge under subregulation (4) relating to an investigation of a WA registered provider is payable by that provider.
(6) If a charge payable under subregulation (4) is not paid, the amount of the charge may be recovered in a court of competent jurisdiction as a debt due to the State.
[Regulation 26B inserted: Gazette 17 Dec 2013 p. 6226; amended: Gazette 10 Mar 2015 p. 832‑3; SL 2025/165 r. 17.]
26C. Circumstances in which a charge may be waived in whole or in part
(1) A charge that would otherwise be payable under this Division may be waived, in whole or in part if, in the opinion of Council —
(a) special or unusual circumstances exist which cause the charge to be unreasonable or inequitable; or
(b) the amount of the charge that remains unpaid is so small that its recovery would be uneconomical to pursue.
(2) For the purposes of subregulation (1)(a), the following circumstances do not constitute grounds for granting a waiver —
(a) where the WA registered provider required to pay the charge did not consent to the compliance audit or investigation that resulted in the imposition of a charge;
(b) where the WA registered provider required to pay the charge does not agree with the outcome of the compliance audit or investigation that resulted in the imposition of a charge;
(c) where the WA registered provider required to pay the charge ceases to exist, or ceases to be a WA registered provider, or ceases to carry on business as a training provider.
[Regulation 26C inserted: Gazette 17 Dec 2013 p. 6227; amended: Gazette 10 Mar 2015 p. 833.]
26D. Rounding
When determining under regulations 26A(3)(a)(ii) and 26B(4)(a)(i) the amount of the charge payable for a compliance audit or investigation where the hourly rate is $250 per hour, the following amounts will apply in the following circumstances —
(a) if the time taken to complete the compliance audit or an investigation is less than 30 minutes, the total amount payable will be zero dollars;
(b) if the time taken to complete the compliance audit or investigation is less than one hour but equal to or greater than 30 minutes, the total amount payable will be $125.
[Regulation 26D inserted: Gazette 17 Dec 2013 p. 6227; amended: Gazette 10 Mar 2015 p. 833.]
Division 4 — Obligations of registered training providers and of the Council
[Heading amended: Gazette 17 Dec 2013 p. 6228.]
26. Reporting to Council
(1) The Council from time to time may give a WA registered provider a written notice specifying —
(a) the date on or before which the provider must give the Council a return containing the information listed in subregulation (3); and
(b) the period to which the return must relate; and
(c) the format of the return; and
(d) the means by which the provider must give the return.
(2) The Council must not require a WA registered provider to give it a return more frequently than once in every 6 months.
(3A) Subregulation (2) does not apply if the Council considers that special circumstances exist that warrant the Council giving a WA registered provider a notice under this regulation.
(3) A return must be in a form required by the Council and contain the following information for the period to which the return relates —
(a) details of the approved VET courses the provider provided, in whole or in part;
(b) the name, date of birth and gender of the persons to whom the courses were provided;
(c) the approved VET qualifications and prescribed VET qualifications the provider conferred;
(d) the name, date of birth and gender of the persons on whom the qualifications were conferred;
(e) any other information —
(i) referred to in the data provision requirements; or
(ii) required by the Council.
(4) A WA registered provider who is given a notice under this regulation and who does not give the Council a return in accordance with the notice and this regulation commits an offence.
[Regulation 26 amended: Gazette 16 Mar 2012 p. 1248; 10 Mar 2015 p. 833; SL 2025/165 r. 18.]
27. Giving Council information on ceasing operations
(1) This regulation applies to a WA registered provider if the provider —
(a) ceases to operate in WA; or
(b) ceases to be a registered training provider.
(2) Within 28 days after becoming a provider to which this regulation applies, the provider must give the Council —
(a) the following information for the period since the end of the period to which the last return given by the provider under regulation 26 related —
(i) details of the approved VET courses the provider provided, in whole or in part;
(ii) the personal details of the persons to whom the courses were provided;
(iii) the approved VET qualifications and prescribed VET qualifications the provider conferred;
(iv) the personal details of the persons on whom the qualifications were conferred;
and
(b) the information, and the means of reproducing or retrieving it, that the provider has kept in accordance with the VET quality framework of —
(i) the approved VET qualifications and prescribed VET qualifications the provider conferred on persons; and
(ii) the personal details of those persons.
[Regulation 27 amended: Gazette 25 Oct 2011 p. 4511; 10 Mar 2015 p. 834; SL 2025/165 r. 19.]
28A. Person may obtain from Council certified copies of information
(1) A person may make an application under this regulation if the person was a person to whom a course was provided, or a qualification conferred, by a WA registered provider that has —
(a) ceased to operate in WA; or
(b) ceased to be a WA registered provider.
(2) On application made to the Council, the Council must supply to a person about whom the Council holds information under this Division, a certified copy of any, or all, of that information as is requested by the person.
(3) An application made to the Council must be in a form approved by the Council and be accompanied by —
(b) the application fee being $60 for each certified copy requested.
[Regulation 28A inserted: Gazette 17 Dec 2013 p. 6228; amended: SL 2025/165 r. 20.]
Division 5 — Accreditation of VET courses
28. Applying to have VET course accredited
(1) Any person may apply to the Council to have a VET course accredited under section 58C of the Act.
(2) An accreditation application must be in a form approved by the Council and be accompanied by —
(b) the application fee being $8 070 for each course that the application is made in respect of.
[Regulation 28 amended: Gazette 25 Oct 2011 p. 4512; 21 Aug 2012 p. 3927; 17 Dec 2013 p. 6228; 15 Jul 2014 p. 2464.]
29. Dealing with applications
(1) This regulation and regulation 30 do not limit the grounds on which the Council may decide not to grant an accreditation application.
(2) The Council may ask the applicant to provide it with any information it needs to decide an accreditation application.
(3) The Council may delay deciding an accreditation application until it has received any information it has asked the applicant to provide.
(4) The Council must not grant an application except in accordance with regulation 30.
(5) If the Council does not grant an application, it must give the applicant a written notice stating its decision and the reasons for its decision.
30. Accrediting VET courses
(1) The Council must not accredit a VET course unless —
(a) it has assessed the VET course in accordance with the accreditation standards; and
(b) it is satisfied the VET course meets those standards; and
(c) in the case of a VET course for a prescribed VET qualification — it is satisfied the course complies with the guidelines in the AQF for the qualification.
(2) If the Council decides to accredit a VET course, it must do the following —
(a) include this information on the register —
(i) the personal details of the person who applied to have the course accredited;
(ii) the course’s details;
(b) give that person a course accreditation document in accordance with the accreditation standards;
(c) give that person written notice of any condition to which the accreditation is subject.
[Regulation 30 amended: Gazette 17 Dec 2013 p. 6228‑9; 10 Mar 2015 p. 834.]
31. Period of accreditation
Unless it is sooner cancelled by the Council, the accreditation of a VET course by the Council has effect for the period (not over 5 years) set by the Council and specified in the course accreditation document.
32. Renewing accreditation
(1) At any time before the accreditation of a WA accredited course is due to expire, a person may make an accreditation application to have the course again accredited by the Council.
(2) Regulations 28, 29, 30 and 31 apply to and in respect of the application.
(3) If a person makes an accreditation application under subregulation (1) at least 3 months before the accreditation of the course is due to expire —
(a) the accreditation continues to have effect, despite regulation 31, until the expiry or until the Council decides the application, whichever occurs later; and
(b) if the application is granted, the new accreditation of the course has effect from the expiry, even if the application is not granted until after the expiry.
33A. Varying accreditation
(1) The Council may at any time vary the accreditation of a WA accredited course.
(2) The Council may take such action —
(a) on its own initiative, if the Council is satisfied that the action is reasonable and —
(i) updates information in the course; or
(ii) corrects false or misleading information in the course; or
(iii) has been requested by an occupational licensing body, or other industry body, that deals with, or has an interest in, matters relating to the course’s content;
or
(b) if —
(i) an application is made by the owner of the course; and
(ii) the Council is satisfied that it is appropriate to vary the accreditation.
(3) An application to vary the accreditation of a WA accredited course must be in a form approved by the Council and be accompanied by —
(b) the application fee of $2 290.
(4) This regulation and regulation 30(1) (as applied by subregulation (6)) do not limit the grounds on which the Council may decide not to grant an application to vary the accreditation of a WA accredited course.
(5) The Council must not grant an application except in accordance with subregulation (2) and regulation 30(1) (as applied by subregulation (6)).
(6) Regulations 29(2), (3) and (5) and 30(1) apply to and in respect of an application to vary the accreditation of a WA accredited course.
(7) If the Council decides to vary the accreditation of a WA accredited course, it must give to the owner of the course —
(a) a course accreditation document in accordance with the accreditation standards; and
(b) written notice of any condition to which the accreditation as varied is subject.
[Regulation 33A inserted: Gazette 17 Dec 2013 p. 6229‑30; amended: Gazette 15 Jul 2014 p. 2464; 10 Mar 2015 p. 834.]
33. Cancelling accreditation
The Council may cancel the accreditation of a WA accredited course if it is satisfied —
(a) the course does not meet the accreditation standards; or
(b) the owner of the course —
(i) requests the cancellation; or
(ii) has ceased to exist; or
(iii) has contravened the Act; or
(iv) has contravened a condition to which the accreditation is subject.
34A. Validity of decisions unaffected
A contravention of the accreditation standards by the Council in making a decision under regulation 29, 30, 32 or 33A does not affect the validity of that decision if the contravention —
(a) does not substantially affect the decision; or
(b) arises out of an inconsistency between the accreditation standards and written laws.
[Regulation 34A inserted: Gazette 10 Mar 2015 p. 834.]
Part 4 — Regulations for Part 7 of the Act
Division 1 — General matters
34. Term used: nominated training provider
nominated training provider under a training contract, means the registered training provider who, having been selected by the parties to the contract, has agreed to be the training provider who will ensure —
(a) the apprentice is provided with the on-the-job and off‑the‑job training that is required for the purposes of the contract; and
(b) the apprentice is assessed for the purposes of the contract.
[35. Deleted: SL 2024/147 r. 4.]
Division 2 — Classifying prescribed VET qualifications
36. Who Board must consult (Act s. 60C)
(1) This regulation does not limit who the Board may consult before giving the Minister advice or a recommendation about a decision the Minister may make under section 60C of the Act.
(2) For the purposes of section 60C(1) of the Act, the Board, before giving the Minister any advice or recommendation about a decision the Minister may make under section 60C of the Act, must —
(a) seek advice and recommendations from any industry training advisory body that —
(i) is recognised by the Board under the Act; and
(ii) is conversant with and capable of giving advice in relation to the requirements of any industry that might be affected by the Minister’s decision;
and
(b) ensure that any union representing workers, and any body representing employers, who are involved in any industry that might be affected by the Minister’s decision, have been consulted.
37. Board’s advice and recommendations to Minister (Act s. 60C)
(1) This regulation does not limit the advice or recommendations that the Board may give the Minister for the purposes of section 60C of the Act.
(2) The Board must ensure that any advice or recommendation it gives the Minister for the purposes of section 60C of the Act is consistent with the AQF.
(3) For the purposes of section 60C of the Act, the Board, in relation to a prescribed VET qualification, must give the Minister its advice and recommendations as to the class the qualification should be given under section 60C(3) of the Act.
(4) If the Board recommends a qualification should be classified under section 60C(3) of the Act as a class A qualification or a class B qualification, it must give the Minister advice and recommendations on these matters about the qualification —
(a) whether an apprentice under a training contract for the qualification should be called an apprentice, a trainee, an intern, a cadet or some other term;
(b) the nominal period of a training contract for the qualification;
(c) whether an apprentice under a training contract for the qualification should be able to work part-time under the contract;
(d) whether a person at school should be able to enter into a training contract for the qualification;
(e) any condition that should apply to the classification of the qualification;
(f) any requirement there should be for a training contract for the qualification.
[Regulation 37 amended: Gazette 17 Dec 2013 p. 6230.]
Division 3 — Training contracts
38. Form and content of training contracts
(1) A training contract must —
(a) be in the form in Schedule 1; and
(b) be signed by the parties.
(2) The probation period stated in a training contract must be determined under regulation 39(1).
(3A) A training contract must specify a default maximum time of 9 months employment under that contract, or such lesser time as may be mutually agreed by the parties, before any competency based wage progression clause in an award can be invoked using units gained institutionally.
(3B) In subregulation (3A) —
units gained institutionally means units gained as part of a prior qualification such as a pre‑apprenticeship, but does not include units attained by fulfilling the obligations of an apprentice under a training contract.
(3) A training contract must comply with any requirements imposed under section 60C(5)(b) of the Act in relation to training contracts for the prescribed VET qualification to which the training contract relates.
(4) A reference in a training contract to “State/Territory Training Authority” is, in respect of WA, a reference to the chief executive.
[Regulation 38 amended: Gazette 12 Dec 2014 p. 4743.]
39. Probation periods of training contracts
(1) The probation period of a training contract begins on the commencement date of employment stated in question 3 of the contract and is the shorter of —
(a) 3 months; or
(b) the period that is one-twelfth of the contract’s nominal period,
but in any event must not be less than one month.
(2) A party to a training contract may apply to the chief executive before the probation period of the contract expires for approval to vary the contract by extending the probation period for a period stated in the application and not exceeding the length of the probation period determined under subregulation (1).
(3) If the chief executive grants the application, the approval must state the period, decided by the chief executive, by which the probation period may be extended, but it must not exceed the length of the probation period determined under subregulation (1).
(4) If the application is granted, the parties may vary the contract by extending the probation period from its expiry for the period stated in the chief executive’s approval.
40. Children’s capacity to enter into training contracts
child means a person under 18 years of age;
compulsory education period for a child, has the meaning given in the School Education Act 1999 section 6;
parent of a child, means —
(a) a person who at law has responsibility for the long-term care, welfare and development of the child; or
(b) a person who at law has responsibility for the day-to-day care, welfare and development of the child; or
(c) if, in the opinion of the chief executive, there is no person to whom paragraph (a) or (b) applies who is reasonably available at the relevant time, an adult person who is responsible for the child.
(2) This regulation is subject to the Children and Community Services Act 2004 Part 7.
(3) If —
(a) a child for whom the compulsory education period has not ended is, under the School Education Act 1999 section 11L, designated to be an independent child for the purposes of Part 2 Division 1 Subdivision 1A of that Act; or
(b) a child for whom the compulsory education period has ended is, under subregulation (4), certified to have capacity to enter into training contracts,
the child has full capacity to enter into any training contract as an apprentice.
(4) The chief executive, on the application of a child, may certify that the child has capacity to enter into training contracts.
(5) The chief executive must not certify that a child has capacity to enter into training contracts unless —
(a) the compulsory education period for the child has ended or is about to end; and
(b) the chief executive has taken into account —
(i) the existence or absence of a relationship between the child and a parent of the child; and
(ii) the nature of the relationship, if any;
and
(c) the chief executive is satisfied —
(i) no working relationship exists between the child and a parent of the child; and
(ii) the child has the capacity to make his or her own decisions in relation to entering into training contracts.
(6) A certificate of the chief executive that a child has capacity to enter into training contracts must be in writing and be signed by the chief executive.
(7) The chief executive, in writing, may at any time cancel such a certificate.
(8) If subregulation (3) does not apply, a parent of a child, on behalf of the child, may enter into a training contract under which the child is an apprentice, but the contract must be also signed by the child.
41. Lodging training contracts for registration (Act s. 60F)
(1) For the purposes of section 60F(2) of the Act, the employer named in an executed training contract must lodge a copy of it with the chief executive within 21 days after the commencement date of employment stated in question 3 of the contract.
(2) To lodge a copy of a training contract with the chief executive, the employer must give it to the chief executive in accordance with the Interpretation Act 1984 section 76 or by any other means approved by the chief executive.
42. Registering training contracts (Act s. 60F)
(1) As soon as practicable after a training contract is lodged for registration, the chief executive must register or refuse to register it.
(2) For the purposes of section 60F(3)(f) of the Act, the chief executive may refuse to register a training contract if —
(a) the contract does not say who the nominated training provider is for the contract; or
(b) the contract does not contain the information that the form in Schedule 1 requires to be stated in the contract; or
(ca) the chief executive is not satisfied that the qualification set out in the contract is appropriate for the intended occupation during the contract; or
(cb) the chief executive is satisfied that registering that contract would result in an effect or outcome that is contrary to the objects of the Act; or
(cc) the party to be trained is not an Australian citizen, or does not hold an Australian visa that will support the employment and study arrangements specified in the training contract; or
(c) the chief executive is satisfied the parties have terminated the contract.
[(3A) deleted]
(3) If the chief executive registers a training contract, he or she must as soon as practicable —
(a) enter the details of the contract in a register of training contracts; and
(b) notify the parties to the contract that it has been registered.
(4) If the chief executive registers a training contract, the contract is taken to have been registered on the commencement date of employment stated in question 3 of the contract.
(5) If the chief executive refuses to register a training contract, he or she must give the parties a written notice of the decision that includes the reasons for it.
[Regulation 42 amended: Gazette 5 Dec 2014 p. 4525‑6; 27 Jan 2016 p. 222.]
43. Training plans for training contracts
complying training plan, for a training contract between an employer and an apprentice, means a training plan that —
(a) complies with any requirements for the contract imposed under section 60C(5) of the Act; and
(b) states the approved VET courses that the apprentice will be required to attend in order to achieve the competencies required for the prescribed VET qualification to which the contract relates; and
(c) states the training and assessment, both off-the-job and on-the-job, that will be provided to the apprentice; and
(d) states when, where and how that training and assessment will be provided to the apprentice; and
(e) states who will provide that training and assessment to the apprentice; and
(f) if the training contract relates to a school‑based apprenticeship, has been endorsed by the school at which the apprentice is enrolled;
school‑based apprenticeship means an apprenticeship that is undertaken —
(a) by an apprentice while they are enrolled full‑time at a school; and
(b) with the intention that the apprenticeship be recognised on the apprentice’s certificate of student achievement upon graduation from the school.
(1A) Subregulation (2) applies to the employer and apprentice under a training contract, and the nominated training provider for that contract.
(2) Each person to whom this subregulation applies must sign a complying training plan for the training contract within 6 weeks after the date on which the parties to the contract are given notice of the contract’s registration under regulation 42(3)(b).
(3) Subregulation (4) applies if a training contract is varied, under section 60E(4)(a) of the Act, to change the nominated training provider.
(4) If this subregulation applies, the employer, apprentice and the nominated training provider under the varied training contract must each sign a new complying training plan for the training contract within 6 weeks after the date on which the parties to the contract are given written notice of the chief executive’s approval of the variation under regulation 46(5)(b).
(5) Subregulation (6) applies if a training contract is assigned, under section 60E(4)(c) of the Act, to another employer who employs the apprentice.
(6) If this subregulation applies, the employer, apprentice and the nominated training provider under the assigned training contract must each sign a new complying training plan for the training contract within 6 weeks after the date on which the parties to the contract are given written notice of the chief executive’s approval of the assignment under regulation 47(2)(b).
(7) Within 30 days after the date on which a complying training plan is signed under this regulation by the employer, apprentice and the nominated training provider, the training provider must give written notice to the chief executive officer of the date on which the training plan was signed by the last party to sign it.
[Regulation 43 amended: Gazette 29 Dec 2017 p. 6081‑2.]
44. Cancellation of registration by chief executive (Act s. 60F)
Under section 60F(5) of the Act the chief executive may cancel the registration of a training contract for any of these reasons —
(a) the chief executive is satisfied that a complying training plan for the training contract has not been signed in accordance with regulation 43(2);
(aa) the chief executive is satisfied that a new complying training plan for the training contract has not been signed in accordance with regulation 43(4) or (6) (as the case may be);
(ab) the chief executive is satisfied that the training plan for the training contract is not, or has ceased to be, a complying training plan;
(b) the chief executive is satisfied the employer is not able to train the apprentice adequately or is not a fit and proper person to train apprentices;
(c) the chief executive is satisfied the registration was obtained through the provision of false or misleading information to the chief executive;
(ca) the chief executive is satisfied that the qualification set out in the contract is not appropriate for the intended occupation during the contract;
(cb) the chief executive is satisfied that the continued registration of the contract would result in an effect or outcome that is contrary to the objects of the Act;
(cc) the apprentice is not an Australian citizen, or does not hold an Australian visa that will support the employment and study arrangements specified in the contract;
(cd) the chief executive is satisfied that one or both of the parties to the contract has not complied with the terms of that contract;
(d) the contract has been terminated.
[Regulation 44 amended: Gazette 27 Jan 2016 p. 222‑3; 29 Dec 2017 p. 6082.]
45. Chief executive may require persons involved in training contracts to provide information
involved person in a training contract, means —
(a) each party to the contract; and
(b) the nominated training provider under the contract.
(2) The chief executive from time to time may give each or any involved person in a training contract a written notice specifying the following —
(a) the date on or before which the person must give the chief executive a return containing the information specified in the notice;
(b) the period to which the return must relate;
(c) the format of the return;
(d) the means by which the person must give the return.
(3) An involved person who is given a notice under this regulation must obey it.
[Regulation 45 amended: Gazette 29 Dec 2017 p. 6083.]
46. Variation of training contract by parties (Act s. 60E)
(1) This regulation operates for the purposes of section 60E(4)(a) of the Act.
(2) This regulation does not apply to the variation of the probation period of a training contract.
(3) The parties to a training contract may vary any or all of these —
(a) the qualification to which the contract relates;
(b) the nominated training provider;
(c) the employment arrangement that governs the employment of the apprentice;
(d) whether the apprentice is required to work full-time or part-time under the contract;
(e) any other detail of the contract.
(4) If the parties to a training contract vary the qualification to which the contract relates, the parties must also vary —
(a) the nominal period of the contract; and
(b) any other term that it is necessary to vary,
to ensure the terms of the contract comply with any requirements imposed under section 60C(5)(b) of the Act in relation to training contracts for the prescribed VET qualification to which the training contract relates.
(5) The parties to a training contract must not vary the contract unless the chief executive —
(a) has been given written notice of the proposed variation; and
(b) has, in writing, approved the variation.
(6) The chief executive may refuse to approve a proposed variation of a training contract if the variation would mean the contract does not comply with any requirements imposed under section 60C of the Act for training contracts for the qualification to which the contract relates.
(7) If a training contract is varied other than in accordance with this regulation, the variation has no effect.
47. Assignment of training contract to another employer (Act s. 60E)
(1) This regulation operates for the purposes of section 60E(4)(c) of the Act.
(2) An employer must not assign a training contract to another person who will employ the apprentice unless —
(a) the employer has given the chief executive —
(i) written notice of the proposed assignment; and
(ii) the personal details of the other person; and
(iii) the written consent of the other person to being assigned the contract; and
(iv) the written consent of the apprentice to the assignment;
and
(b) the chief executive, in writing, has approved the assignment.
(3) The chief executive may refuse to approve the assignment of a training contract to another person if the chief executive is satisfied the other person is not able to train the apprentice adequately or is not a fit and proper person to be assigned the contract.
(4) If an employer assigns a training contract to another person who will employ the apprentice, the apprentice is on probation with the new employer for one month commencing on the date on which the apprentice starts work with the new employer.
[Regulation 47 amended: Gazette 29 Dec 2017 p. 6083.]
48. Suspension of training contract by parties (Act s. 60E)
(1) This regulation operates for the purposes of section 60E(4)(b) of the Act.
(2) The parties to a training contract may agree to suspend the contract for a period but, unless the chief executive gives prior approval for a longer period, the period must not exceed a continuous period of 12 months.
(3) If a training contract is suspended under this regulation, the employer, within 21 days after the date on which the parties agree to the suspension, must give the chief executive written notice that the contract is suspended, the date on which the suspension has effect and the period of the suspension.
[Regulation 48 amended: Gazette 29 Dec 2017 p. 6083.]
49. Suspension by employer (Act s. 60E)
(1) This regulation operates for the purposes of section 60E(4)(b) of the Act.
(2) This regulation does not —
(a) prevent the parties to a training contract agreeing to suspend it; or
(b) affect any entitlement an employer has to terminate a training contract during its probation period.
(3) An employer cannot suspend a training contract except on the ground that the apprentice has engaged in serious misconduct.
(4) To suspend a contract under subregulation (3), the employer must give the apprentice a written notice (the suspension notice) that —
(a) states the training contract is suspended on the grounds that the apprentice has engaged in serious misconduct; and
(b) states when the suspension has effect (which must not be earlier than when the apprentice is given the notice); and
(c) describes the apprentice’s alleged misconduct.
(5) If an employer suspends a training contract under this regulation, the employer must give the chief executive a copy of the suspension notice before 5 p.m. on the next working day.
(6) An employer may at any time cancel the suspension of a training contract by giving the apprentice a written notice stating the date on which the contract will cease to be suspended.
(7) If an employer cancels the suspension of a training contract under this regulation, the employer must notify the chief executive that the contract is no longer suspended before 5 p.m. on the next working day.
(8) Unless it has ceased to be suspended, the employer, within 7 days after the date on which a training contract is suspended under subregulation (3), must apply to the chief executive for approval under section 60G of the Act to terminate the contract.
(9) While a training contract is suspended by an employer under this regulation the apprentice may attend any approved VET course required for the qualification to which the contract relates.
(10) While a training contract is suspended by an employer under this regulation —
(a) the apprentice must not attend the employer’s workplace; and
(b) the employer must pay the apprentice as if the contract were not suspended.
(11) If an application made under subregulation (8) is refused, the suspension of the contract is taken to be cancelled on the day after the day on which the application is refused.
[Regulation 49 amended: Gazette 29 Dec 2017 p. 6083.]
50. Termination of training contract by parties (Act s. 60G)
A party to a training contract may terminate the contract during the contract’s probation period without the approval of the chief executive.
51. Approval of termination of training contract by chief executive (Act s. 60G)
(1) To apply for the chief executive’s approval, under section 60G(2) of the Act, to terminate a training contract, the employer must —
(a) give the chief executive a written application that sets out the reasons why the employer wants to terminate the contract; and
(b) give the apprentice a copy of the written application.
(2) For the purposes of section 60G(3) of the Act, the chief executive must approve the termination of a training contract if satisfied the purpose of the contract has been or will be frustrated by the apprentice’s acts or omissions.
52. Completion of training contract
(1) A registered training provider must not confer an apprentice under a training contract with the prescribed VET qualification to which the contract relates before the date on which a training contract, under its terms, is successfully completed.
(2) Within 21 days after the date on which a training contract, under its terms, is successfully completed, the nominated training provider under the contract must give the chief executive a written notice stating the date on which the contract was successfully completed.
[Regulation 52 amended: Gazette 29 Dec 2017 p. 6083.]
52A. Resolution of disputes by chief executive
(1) The chief executive may, on an application by a party to a training contract, or on the chief executive’s own initiative, determine a dispute between the parties relating to any of the following —
(a) the terms of the contract, including any variations or suspensions;
(b) the conduct of the parties in complying with the terms of the contract;
(c) the termination of the contract.
(2) The chief executive may determine the dispute unless the chief executive feels that it should be dealt with by another body, tribunal or court vested with jurisdiction to determine it.
[Regulation 52A inserted: Gazette 27 Jan 2016 p. 223.]
Division 4 — Procedure and appeals
53. Procedure on applications
(1) This regulation applies to and in relation to any application made to the chief executive under Part 7 Division 2 of the Act or under regulation 39, 40, 46, 47 or 48, or any determination made under regulation 52A.
(2) In relation to an application or determination, the chief executive —
(a) may inform himself or herself in any way he or she thinks fit; and
(b) must give a reasonable opportunity to provide evidence and make submissions relevant to the application or determination to —
(i) each party to any training contract to which the application or determination relates; and
(ii) any other person who may or will be affected by the outcome of the application or determination or who, in the chief executive’s opinion, has a sufficient interest in the application or determination;
and
(c) may conduct a hearing; and
(d) may allow a person referred to in paragraph (b) to be represented at any such hearing.
(3) As soon as practicable after deciding the application or determination, the chief executive must give the parties to the application or determination written notice of the decision and the reasons for it.
[Regulation 53 amended: Gazette 27 Jan 2016 p. 223‑4.]
54. Appeals
(1) A party to a training contract who is dissatisfied by a decision made in relation to the contract by the chief executive under regulation 39, 46, 47, 48 or 52A may appeal against it to the Western Australian Industrial Relations Commission.
(2) On an appeal made under subregulation (1) against a decision, the Commission must rehear the matter and may confirm the decision or set it aside and either substitute a decision the chief executive could make or order the chief executive to decide the matter again.
[Regulation 54 amended: Gazette 27 Jan 2016 p. 224.]
Part 5 — Repeals and transitional matters
55. Term used: commencement
commencement means the day on which the Training Legislation Amendment and Repeal Act 2008, other than Part 1, comes into operation 5.
[56. Omitted under the Reprints Act 1984 s. 7(4)(f).]
57. Registered training providers
If immediately before commencement a training provider is registered by the Council, then on commencement the provider is to be taken to be registered by the Council under Part 7A of the Act for the period and subject to the conditions (if any) that applied to its registration immediately before commencement.
58. Accredited courses
If immediately before commencement a VET course is accredited by the Council, then on commencement the VET course is to be taken to be accredited by the Council under Part 7A of the Act for the period and subject to the conditions (if any) that applied to its accreditation immediately before commencement.
59. Traineeship contracts
If —
(a) immediately before commencement the Director of Industrial Training appointed under the Industrial Training Act 1975 6 has possession of a contract known as a traineeship contract entered into by an employer and a trainee that has been lodged with the Director; and
(b) the contract is in force immediately before commencement; and
(c) the terms and conditions of the contract are substantially similar to the terms required to be in a training contract under these regulations; and
(d) under the contract the trainee is to receive training that is relevant to a prescribed VET qualification that is a class B qualification,
then, on commencement —
(e) the contract is to be taken to be a training contract entered into on the same terms and conditions and registered under Part 7 Division 2 of the Act; and
(f) Part 7 Division 2 of the Act applies to the contract accordingly.
60. Apprentices learning trades, transitional provisions for
Schedule 2 sets out transitional provisions.
Part 6 — Transitional provisions
[Heading inserted: Gazette 10 Mar 2015 p. 835; amended: SL 2025/165 r. 21.]
Division 1 — Transitional provisions for Vocational Education and Training (General) Amendment Regulations 2015
[Heading inserted: SL 2025/165 r. 22.]
61. Terms used
In this Division —
amendment regulations means the Vocational Education and Training (General) Amendment Regulations 2015;
AQTF means the Australian Quality Training Framework as defined in the Higher Education Support Act 2003 (Commonwealth) Schedule 1;
commencement day means the day on which regulation 3 of the amendment regulations came into operation;
transitional period means the period of 3 months beginning on the commencement day.
[Regulation 61 inserted: Gazette 10 Mar 2015 p. 835; amended: SL 2025/165 r. 23.]
62. Mandatory conditions applicable to WA registered providers during transitional period
During the transitional period a WA registered provider registered before the commencement day may comply with either —
(a) the mandatory condition referred to in regulation 13(2)(a); or
(b) the mandatory condition referred to in regulation 13(2)(a) as it was before the commencement day.
[Regulation 62 inserted: Gazette 10 Mar 2015 p. 835.]
63. Applications before commencement day
(1) An application for registration, renewal of registration or variation of registration made, but not decided, before the commencement day is, on and after the commencement day, to be decided —
(a) if the application was prepared addressing the AQTF, in accordance with the AQTF under the regulations as they were before the commencement day; and
(b) if the application was prepared addressing the registration standards, in accordance with the registration standards.
(2) An application decided under subregulation (1)(a) cannot be granted except on the condition that the provider is to comply with the registration standards after the transitional period.
[Regulation 63 inserted: Gazette 10 Mar 2015 p. 835‑6.]
Division 2 — Transitional provision for Vocational Education and Training (General) Amendment Regulations (No. 2) 2025
[Heading inserted: SL 2025/165 r. 24.]
64. Pre‑commencement regulations apply to particular matters during and after transitional period
pre‑commencement regulations means these regulations as in force immediately before 1 October 2025;
transitional period means the period beginning on 1 October 2025 and ending on 31 December 2025.
(2) Despite the amendments made by the Vocational Education and Training (General) Amendment Regulations (No. 2) 2025 —
(a) the pre‑commencement regulations continue to apply during the transitional period; and
(b) the pre‑commencement regulations also continue to apply on and from 1 January 2026 in relation to the following —
(i) a training provider application made, but not decided, before the end of the transitional period;
(ii) an audit as defined in regulation 24 of the pre‑commencement regulations commenced before the end of the transitional period;
(iii) a compliance audit as defined in regulation 24 of the pre‑commencement regulations commenced before the end of the transitional period;
(iv) an investigation as defined in regulation 24 of the pre‑commencement regulations commenced before the end of the transitional period.
[Regulation 64 inserted: SL 2025/165 r. 24.]
Schedule 1 — Training contract
[r. 38]
[Heading inserted: Gazette 5 Dec 2014 p. 4526.]
Apprenticeship/Traineeship
Training Contract
including
Assessment for Australian Government
Australian Apprenticeships Incentives.
This contract must be completed with the assistance of an Australian Apprenticeships Centre.
This is a free service.
Please read this before completing the Training Contract.
This Training Contract must be completed with the assistance of your chosen Australian Apprenticeships Centre.
• Find out the Australian Apprenticeships Centres that are contracted in your region by calling 13 38 73; or
Australian Apprenticeships Centres are contracted by the Australian Government Department of Industry to provide a FREE service to employers and apprentices/trainees. Australian Apprenticeships Centres are required to personally visit employers and apprentices/trainees to assist in the completion of this Training Contract and related State/Territory Training Authority documentation.
Only an officially contracted Australian Apprenticeships Centre is authorised to provide advice on the eligibility and payment of Australian Government Australian Apprenticeships Incentives.
Before completing the Training Contract please read the following sections:
• Information You Need to Know and Information to Help Complete the Training Contract.
• Training Contract Declaration and Obligations.
• Information on Australian Government Australian Apprenticeships Incentives.
If filling this Contract out by hand, please write clearly, in BLOCK LETTERS, and push firmly with a ball point pen. Do not use correction fluid. Cross out the error and write the correct information above it.
ALL corrections must be initialled by all parties to the Contract.
When the Training Contract is completed your Australian Apprenticeships Centre will lodge it for approval/registration with the relevant State/Territory Training Authority.
• You should give the original Training Contract with original signatures to your Australian Apprenticeships Centre.
• You should keep a copy of the Training Contract for your records.
• You should give your apprentice or trainee a copy of the Training Contract.
An unsigned or incomplete Training Contract cannot be processed and will be returned for completion. Before you lodge it, make sure you have taken the steps in the following checklist:
Additional information and/or evidence required by questions 21, 22 and 24 is provided if necessary.
The employer, the apprentice/trainee, and any guardian or parent as required, have all read, signed and dated the Training Contract.
Any alterations to any part of the document are initialled by all those who sign the Training Contract.
Contacts for Further Information & Assistance
Australian Apprenticeships Centres
• administer Australian Government incentive payments to employers and allowances for apprentices/trainees;
• provide information on Australian Apprenticeships options to employers and other interested people;
• market and promote Australian Apprenticeships;
• work with the State/Territory government department or agency to provide an integrated service;
• work with training providers, schools and other organisations to support Australian Apprenticeships; and
• provide support to employers and Australian Apprentices throughout the Australian Apprenticeship to encourage successful completion.
Australian Apprenticeships Centres are located throughout each State and Territory.
• Find an Australian Apprenticeships Centre in your region by calling 13 38 73; or
This contract forms a legally binding agreement between an employer and employee for the training of Apprentices and Trainees leading to a nationally recognised qualification. In signing this contract the parties are bound by the obligations detailed below and the legislation of the State or Territory in which this training contract is to be registered.
Training Contract Declaration
We, the employer, apprentice/trainee and parent or guardian (where applicable) have read and understood the Training Contract Obligations outlined below.
We declare that to the best of our knowledge the details entered on this Training Contract are true and correct. We understand that the giving of false or misleading information is a serious offence.
We understand that the information provided in this Training Contract:
• is collected for the purposes of registration, preparing statistics, reporting, program administration, monitoring and evaluation, calculating incentives and allowances paid to employers and apprentices/trainees and preventing dual payments;
• may be disclosed to and used for these purposes by the Australian Government, including the Department of Industry and Centrelink, State/Territory government departments and agencies, employers, our Australian Apprenticeships Centre, Registered Training Organisation (RTO), non‑government education authorities and the contractors or agents of any of these organisations, departments and agencies;
• may also be exchanged between the Department of Industry and Centrelink (for Youth Allowance, Austudy and ABSTUDY administration) to provide confirmation that the apprentice/trainee who signed this declaration is an Australian Apprentice;
• may otherwise be disclosed without consent where authorised or required by law.
We understand that this Apprenticeship/Traineeship Contract is legally binding in accordance with the Training Contract Obligations set out below and the legislation of the State or Territory in which this Training Contract is to be registered.
We understand that this Training Contract can only be terminated within the period of the probation and/or, in accordance with the requirements of the relevant State/Territory legislation, and that the probation periods are determined by the State/Territory Training Authority or relevant industrial award/agreement for this qualification and vocation.
We undertake to negotiate and sign a Training Plan with the chosen RTO as required by the relevant State/Territory Training Authority.
The employer representative (on behalf of the employer named in Question 28)
Surname (family name) Given names (in full)
**Signed this day:**Day /Month /Year Signature of employer representative
The apprentice/trainee
Surname (family name) Given names (in full)
**Signed this day:**Day /Month /Year Signature of apprentice/trainee
**Signed this day:**Day /Month /Year Signature of parent/guardian (for apprentice/trainee under 18 years of age)
Name of Apprenticeship/Traineeship (as designated by legislation/regulation):
Training Contract Obligations
For the employer, apprentice or trainee, and parent or guardian (where applicable). We agree that:
a) the Contract commences from the date stated in question 3, provided that it has been registered or approved under the provisions of the relevant State/Territory legislation;
b) the Contract can only be changed by our agreement and according to State/Territory legislation and the State/Territory Training Authority must be informed of the proposed change/s. In some States/Territories approval for the change/s must be sought;
c) the apprentice/trainee can see, and correct, any information about himself/herself in this Contract or held by the employer in relation to this Contract;
d) the apprentice/trainee is not liable for any unintentional damage to material or property in the course of their work and training;
e) we will try to resolve any dispute we have between us, and if we can’t, we will contact our State/Territory Training Authority to request assistance or to access the appropriate dispute resolution processes;
f) the Contract can be audited by the relevant State/Territory Training Authority or Australian Government Department;
g) the Contract is successfully completed when there is agreement from the employer, Registered Training Organisation and apprentice/trainee, and/or an acknowledgment by the State/Territory Training Authority, that the apprentice/trainee has attained all the required competencies;
h) this Contract expires if it reaches the expected term of the apprenticeship/traineeship referred to in question 4 without the apprentice/trainee having attained all the required competencies or a request for an extension of the contract having been endorsed by a State/Territory Training Authority;
i) this Contract may be terminated in accordance with State/Territory legislation;
j) any competency based wage progression clause, in an award that this Contract is subject to, cannot be invoked using units gained institutionally**, until —
i) the apprentice has completed 9 months of employment in this Contract; or
ii) the apprentice has completed, in this Contract, a period of employment mutually agreed by parties to the Contract. The period may be shorter than the 9 month requirement.
** units gained institutionally means units gained as part of a prior qualification such as a pre-apprenticeship, but does not include units attained by fulfilling the obligations of an apprentice under a training contract.
For the employer. I agree that I will:
a) employ and train the apprentice/trainee as agreed in our Training Plan and ensure the apprentice/trainee understands the choices that he/she has regarding the training;
b) provide the appropriate facilities and experienced people to facilitate the training and supervise the apprentice/trainee while at work, in accordance with the Training Plan;
c) make sure the apprentice/trainee receives on‑the‑job training and assessment in accordance with our Training Plan;
d) provide work that is relevant and appropriate to the vocation and also to the achievement of the qualification referred to in this Contract;
e) release the apprentice/trainee from work to attend any training and assessment specified in our Training Plan;
f) pay the apprentice/trainee the appropriate wages to attend any training and assessment specified in the Training Plan noting that any time spent by the apprentice/trainee in performing his or her obligations under the contract, whether at the employer’s workplace or not, is to be taken for all purposes (including the payment of remuneration) to be time spent working for the employer;
g) meet all legal requirements regarding the apprentice/trainee, including but not limited to, occupational health and safety requirements and payment of wages and conditions under the relevant employment arrangements;
h) repay any payment I receive that I am not entitled to;
i) work with our RTO and the apprentice/trainee to make sure we follow our Training Plan, keep training records up‑to‑date, and monitor and support the apprentice/trainee’s progress; and
j) let the relevant State/Territory Training Authority and the RTO know within five working days (or when the local State/Territory legislation requires, if this is different) if our Training Contract has become jeopardised.
I acknowledge that it is an offence to use information in the Contract to discriminate against any person, including the apprentice/trainee.
For the apprentice/trainee. I agree that I will:
a) attend work, do my job, and follow my employer’s instructions, as long as they are lawful;
b) work towards achieving the qualification stated in our Training Contract;
c) undertake any training and assessment in our Training Plan.
For the parent or guardian.
I agree that I will uphold the responsibilities listed above for the apprentice/trainee until this person is 18 years of age.
Apprenticeship/Traineeship details
| 1 | Title and level of qualification |
| 2 | National Qualification Code |
| 3 | Intended occupation during training contract<br>Commencement date of employment<br>for Apprenticeship/Traineeship Day /Month /Year |
| | |
| 4 | Nominal term of Apprenticeship/Traineeship (months) |
| 5 | The period of probation for this Apprenticeship/Traineeship (months) |
| 6 | Type of Apprenticeship/Traineeship<br> Apprenticeship<br> Traineeship |
| 7 | Is the apprentice/trainee an existing worker?<br> No<br> Yes (Refer to Information to Help Complete the Training Contract) |
Apprentice/Trainee details
8 Surname (family name)Given names (in full)
9 Address (residential) State Postcode
Address (postal) State Postcode
10 Telephone number/s Home Mobile
Email
11 Date of birth Day /Month /Year
12 Sex Male Female
13 Citizenship (Tick applicable box) Australian citizen or permanent resident A New Zealand passport holder who has been resident in Australia for 6 months or more (Refer to Information to Help Complete the Training Contract) Other – Visa document number
14* Are you of Aboriginal or Torres Strait Islander origin?For persons of both Aboriginal AND Torres Strait Islander origin mark both ‘Yes’ boxes. No Yes, Aboriginal Yes, Torres Strait Islander
15* In which country were you born? Australia Other (please specify)
16* Do you speak a language other than English at home? (If more than one language, indicate the one that is spoken most often.) English only Other (please specify)
17* Do you consider yourself to have a disability, impairment or long‑term condition? No Yes (If you answered YES you may qualify for additional assistance)
18 Are you still attending secondary school? No Yes → What Year level are you currently in at school?
(e.g. Year 11)Name of Secondary School
19 Is this an approved Australian School‑based Apprenticeship/Traineeship? No Yes (Refer to Information to Help Complete the Training Contract)
20 What is your highest COMPLETED school level? Year 12 or equivalent Year 11 or equivalent Year 10 or equivalent Year 9 or equivalent Year 8 or below Did not go to schoolWhen did you complete that school level? Month /Year
21 Have you successfully COMPLETED any of the following qualifications? No Yes →tick and complete any applicable boxesCommenced Completed Bachelor degree or higher Advanced Diploma (or Associate Degree) Diploma (or Associate Diploma)Month/Year Certificate IV (eg Advanced Certificate/Technician) Month/YearMonth/Year Certificate III (eg Trade Certificate) Month/YearMonth/Year Certificate II Month/Year Certificate I Pre‑Apprenticeship/Pre‑Vocational Certificates of qualifications other than above Month/YearTitle and level of qualification/s obtained (Attach list if necessary)
22* If you have completed a qualification at Certificate Level III or above, do any of the following apply to you?
The qualification cannot be used because of an injury or disability No Yes
You are an Intensive Support Customised Assistance Client No Yes
You are unemployed and have been registered with Centrelink for 12 months or more No Yes
(If you answered YES to any of the above, you will need to attach evidence. Contact your Australian Apprenticeships Centre regarding evidence requirements.)
23 Have you previously worked as an apprentice or trainee? No Yes → Please provide details below. If you are unsure of any of these details, ask your Australian Apprenticeships Centre for assistance.Name of companyTitle and level of qualification
State/Territory/ Overseas Year of commencement Apprentice/ Trainee number
24 Are you seeking credit to reduce the term of the Training Contract? (Refer to Information to Help Complete the Training Contract) (Evidence is required and must be attached.) No Yes → How much credit are the parties seeking? (months)
25 Are you currently undertaking any other study? No Yes → Please provide details below.Title and level of qualification
Parent or Guardian details
If under 18 years of age, go to Question 26. If 18 years or over, go to Question 28.
26 Surname (family name)Given names (in full)
27 Address State Postcode
Telephone numberHome ( ) Mobile Work ( )
Employer details
| 28 | Legal name of employer (Refer to Information to Help Complete the Training Contract) |
| 29 | Australian Business Number (ABN) of your legal entity |
| 30 | Trading name |
| 31 | Postal Address<br> State Postcode |
| 32 | Telephone number<br>Business ( ) Mobile Fax ( )<br>Email |
| 33 | What is the industry or principal activity of the business? |
| 34 | Type of employer<br> Private sector Local Government<br> Government Business Enterprise State Government<br> Group Training Organisation Federal Government |
Employment and Training details
(For apprentices/trainees employed through Group Training Organisations provide the name and address of the first host employer.)
35 Name of workplace where apprentice/trainee will be employedAddress of workplace where apprentice/trainee will be employed State Postcode
36 Workplace details
Total number of people employed by the firm
Total number of apprentices/trainees in this workplace
Number of workers able to demonstrate the relevant competencies available to supervise or train the apprentices/trainees in this workplace
37 Name of contact person for this workplaceTelephone number ( ) Fax ( )Email
38 Type of employment arrangement Federal Award Australian Workplace Agreement Certified Agreement State Workplace Agreement State Award OtherName of Agreement/Award
39 Please indicate the number of hours of employment and training per week and whether this Apprenticeship/Traineeship is full‑time or part‑time.
Number of hours work and training per week Full‑time Part‑time
40 Prior to commencing THIS Apprenticeship/Traineeship, has the apprentice/trainee worked for, or been hosted by/to, the employer/host employer? No Yes → (To be completed with the assistance of your Australian Apprenticeships Centre)
Period of previous full‑time employment/hosting: from Day Month Year / / to Day Month Year / /
Period of previous part‑time employment/hosting: from Day Month Year / / to Day Month Year / /
Part‑time: Number of hours per week
Period of previous casual employment/hosting: from Day Month Year / / to Day Month Year / /
Casual: Number of hours per week
41 Is the apprentice/trainee in a business relationship with this employer?(Examples include partnership, director or franchise arrangement – family trusts excluded.) (Refer to Information to Help Complete the Training Contract) No Yes → Type of business relationship
42 Has the employer previously received Australian Government Incentives for this apprentice/trainee and/or has the employer received or applied to receive any other government assistance for this apprentice/trainee? No Yes → Please provide details below
Registered Training Organisation details
Name of Registered Training Organisation (RTO)
Telephone number( ) Contact Officer
Australian Apprenticeships Centre details
Name of Australian Apprenticeships Centre
Telephone number( ) Contact Officer
Office Use Only Project Code
Information on Australian Government Australian Apprenticeships Incentives
Australian Apprenticeships encompass all apprenticeships and traineeships. They combine time at work with training and can be full‑time, part‑time or school‑based. Australian Apprenticeships are a stepping stone to ongoing employment or further education and training, and a great way to get a head start to a career.
The Australian Apprenticeships Incentives Program encourages employers to offer the kinds of employment‑related training opportunities that will encourage people to acquire and expand their working skills.
The criteria and funding of Australian Government Australian Apprenticeships Incentives payments may change during the term of this Training Contract in line with Government priorities. These changes will be notified by your Australian Apprenticeships Centre.
For further details about the incentives listed here, including application forms and advice about whether you may be eligible, contact your Australian Apprenticeships Centre.
Eligibility for Australian Government Incentives – Information for Employers
This Training Contract has been designed to assess your eligibility for Australian Government Australian Apprenticeships Incentives.
These Incentives can include Commencement, Recommencement, Completion and other special incentives.
Eligibility is assessed on a number of criteria, including but not limited to:
• the date the Australian Apprentice commences or recommences with an employer;
• the employment status of the Australian Apprentice at the date the incentive falls due;
• the location of the workplace;
• the accredited training program is in place;
• the type of employment relationship; and
• the formal approval by the State or Territory Training Authority.
If you are eligible for Australian Government Incentives, you will need to complete a separate Claim Form available from your Australian Apprenticeships Centre in order to be paid. This Claim Form should be lodged following:
• approval of the Training Contract;
• after the apprentice/trainee has commenced training according to the approved Training Plan; and
• after the Australian Government waiting period has expired and the apprentice/trainee is still employed by your business and any State/Territory probation period has been completed.
Taxation
If you are eligible for Australian Government Incentives you should be aware that if you do not provide your ABN when lodging a Claim Form, the Department of Industry will be obliged to withhold 46.5% of the incentive payment and remit it to the Australian Taxation Office.
You should seek independent advice regarding your taxation position.
Other Australian Government Assistance
Assistance for Apprentices/Trainees with a Disability
The Australian Government may provide assistance to employers of apprentices/trainees with a disability, including the Disabled Australian Apprenticeships Wage Support program, Tutorial Assistance, Mentor/Interpreter Assistance. Workplace modifications may be available for disabled apprentices and trainees. If applying for assistance you will need to complete an Application Form and an Occupational Assessment Form.
Living Away from Home Allowance
Apprentices/trainees may be eligible for a Living Away from Home Allowance for the first 36 months of an Apprenticeship/Traineeship, if they had to move away from their parents’/guardians’ home to commence or remain in the Apprenticeship/Traineeship, or if they are homeless.
Information You Need to Know
National Code of Good Practice for Australian Apprenticeships
This code explains the rights and responsibilities of the people who sign this contract. Free copies of the code are available from your Australian Apprenticeships Centre.
Making choices
a. Choosing a Registered Training Organisation (RTO)
The employer and the apprentice/trainee must select an RTO to provide training from a list available from your Australian Apprenticeships Centre or State/Territory Training Authority. The apprentice/trainee must be enrolled with the selected RTO. Contact your Australian Apprenticeships Centre or State/Territory Training Authority for the list. (See the Contacts for Further Information and Assistance section of this document for contacts.)
The employer and apprentice/trainee have a right to:
• ask RTOs for accurate and timely information about training options they can offer you;
• identify and select the training outcomes from nationally endorsed Training Packages or accredited courses that are available in your State/Territory;
• negotiate a Training Plan with the RTO according to the relevant State/Territory Training Authority.
b. Training Plans
A Training Plan sets out the training that an apprentice/trainee will do both on‑the‑job and off‑the‑job. It also sets out how the RTO will ensure the apprentice/trainee will receive quality training ‑ both on‑the‑job and off‑the‑job.
It’s important that the employer and the apprentice/trainee know how the Plan will work and are well‑informed about it.
Training Plans reflect the choices made in relation to:
• the RTO that will provide the training;
• which competency standards will be covered and in what order;
• when, where and how training is provided;
• which trainer/facilitator provides the training;
• who assesses the apprentice/trainee;
• how the training is evaluated.
Qualifications and records
Once the apprentice/trainee successfully completes all assessment requirements of the Training Plan, the RTO must issue the qualification specified in the Plan. If the apprentice/trainee only completes some of the competency standards, the RTO must issue a Statement of Attainment. The RTO will keep the relevant records.
Allowances and Incentives
A range of Australian Government and State/Territory incentives and subsidies may be available from time to time. For more information, see the Information on Australian Government Australian Apprenticeships Incentives section of this document.
State/Territory government allowances may also be available where the apprentice/trainee has to travel away from home to attend training.
Check with an Australian Apprenticeships Centre in your region.
Existing workers who become apprentices/trainees may not attract Australian Government or State/Territory subsidies and incentives.
Information to Help Complete the Training Contract
Questions marked (*) 14, 15, 16, 17 and 22 are optional questions
You are not required to complete these questions, however, if you answer question 22 it may assist in processing your claim for incentives.
Questions 1, 2, 21 and 25 – Title, Level and Code of Qualification
Apprentices/trainees who successfully complete their training receive a nationally recognised qualification. Qualification titles and levels are laid out in the relevant nationally endorsed industry Training Package or accredited training course. Titles and levels are also on the Australian Qualifications Framework certificates issued by RTOs. Qualification codes are available from the National Register, training.gov.au (www.training.gov.au). Your Australian Apprenticeships Centre or RTO can also provide this information.
Question 7 – Existing Worker
An existing worker is defined as a person who has been employed by the applicant employer continuously for more than 3 months full‑time or 12 months casual or part‑time or a combination of both, immediately prior to the commencement date of the Training Contract as shown in question 3.
State/Territory/Australian Government incentives may not apply to existing worker arrangements. You should contact your nominated Australian Apprenticeships Centre for advice in relation to eligibility for any incentives.
Question 13 – New Zealand Passport Holders
Australian Government incentives are only available to New Zealand passport holders if the applicant has been resident in Australia for 6 months or more. However, a Training Contract with the New Zealand passport holder could still be registered. Contact your Australian Apprenticeships Centre or State/Territory Training Authority for more information.
Question 19 – Australian School‑based Apprenticeship
Australian Apprenticeship training undertaken by a student will be an Australian School‑based Apprenticeship when all of the following apply:
• the student is enrolled in a senior secondary certificate under the relevant Education Act;
• the school or education provider at which the student is enrolled acknowledges and endorses the Training Plan required by the Apprenticeship/Traineeship Training Contract;
• the Australian School‑based Apprenticeship is recognised on the senior secondary certificate.
(Note: The term Australian Apprenticeships relates to apprenticeships and traineeships)
Question 24 – Credit
An apprentice/trainee may gain “credit” for relevant prior learning or experience. This prior learning or experience must be formally recognised and may mean the duration of the Training Contract can be changed. Credit may also affect industrial relations arrangements and incentive payments. For more information contact your Australian Apprenticeships Centre or RTO.
Your RTO should discuss the issue of credit for prior learning with you during the negotiation of the Training Plan associated with this contract of training.
Question 28 – Legal Name of Employer
The employer must provide the name of the employer’s legal entity. This will be a person’s name, a company name, or the name of an incorporated association, NOT a trading name, business name, or name of a trust.
Questions 34 and 35 – Group Training Organisation
A group training organisation employs apprentices/trainees and places them with host employers. The host employer and the company providing the group training services must be separate legal entities.
Question 39 – Full‑time/Part‑time Apprentices and Trainees
Apprenticeships/traineeships may be undertaken full‑time or part‑time. A full‑time apprentice/trainee is one whose ordinary hours of employment, including the training component, are not less than the usual hours of employment for a full‑time employee in that occupation. Part‑time provisions vary across Australia and across occupations. For more information contact an Australian Apprenticeships Centre in your region or State/Territory Training Authority. See the Contacts for Further Information and Assistance section for further contact details.
Question 41 – Business Relationship
A business relationship includes a pre‑existing or current business relationship between the employer and the apprentice/trainee; for example, when the apprentice/ trainee is a partner, a director of the company, a previous director or partner or involved in franchise arrangements.
FOR OFFICE USE ONLY
Australian Apprenticeships Centre Declaration
This section is completed by the Australian Apprenticeships Centre
I certify that:
• details entered have been verified.
• the application meets/does not meet all initial assessment criteria for payment as specified in the Australian Government Australian Apprenticeships Incentives Program Guidelines.
• I have advised the employer and the apprentice/trainee of their obligations and responsibilities under the Training Contract.
• I have informed the employer and the apprentice/trainee of their options under User Choice provisions.
• I have provided relevant publications to the employer and the apprentice/trainee.
I understand that:
• it is a serious offence to make a false or misleading statement in connection with an application for payment; and
• fees paid to the Australian Apprenticeships Centre and any incentives paid to any employer in relation to the processing of the Contract may be recovered if this Contract has not been processed in accordance with the Australian Government Australian Apprenticeships Support Services Contract.
Name of Australian Apprenticeships Centre .............................................
Printed name of person verifying details .............................................
Signature of person verifying details .............................................
Date day/month/year
TYIMS Registration ID .............................................
Training Contract ID No. .............................................
[Schedule 1 inserted: Gazette 5 Dec 2014 p. 4526‑41; amended: Gazette 12 Dec 2014 p. 4743; 27 Jan 2016 p. 224.]
Schedule 2 — Provisions about old agreements and old training contracts
[r. 60]
Terms used
In this Schedule —
commencement means the day on which the Training Legislation Amendment and Repeal Act 2008, other than Part 1, comes into operation 5;
old agreement means an agreement that —
(a) is in, or substantially in, the form of the apprenticeship agreement prescribed in the Industrial Training (General Apprenticeship) Regulations 1981 Schedule 2 7 as in force immediately before 1 August 2008; and
(b) immediately before commencement, was in force and registered under the Industrial Training Act 1975 6;
old training contract means a training contract that, immediately before commencement, was in force and registered under the Industrial Training Act 1975 6;
trade apprentice means an apprentice who —
(a) under an old agreement is learning or being trained in an apprenticeship trade that was prescribed under the Industrial Training Act 1975 6; or
(b) under an old training contract is learning or being trained in an apprenticeship trade that was prescribed under the Industrial Training Act 1975 6, whether or not the contract also specifies the apprentice is being trained for a prescribed VET qualification.
Old agreements to be read with modifications
(1) Under the Vocational Education and Training Act 1996 Schedule 2 clause 1, an old agreement has effect with these modifications —
(a) in clauses 1, 9 and 12 of the agreement, references to the Industrial Training Act 1975 6 must be read as references to the Vocational Education and Training Act 1996;
(b) in clause 7 of the agreement, the reference to the technical instruction of the apprentice prescribed by or under the Industrial Training Act 1975 6 must be read as a reference to the technical instruction that the apprentice is directed to undergo by a registered training provider;
(c) in clause 8 of the agreement, references to an examiner must be read as a reference to a registered training provider;
(d) in clause 10 of the agreement, the reference to the Registrar of Industrial Training appointed under the Industrial Training Act 1975 6 must be read as a reference to the chief executive;
(e) clause 11 must be read as if —
(i) the passage “, subject to Section 37 of the Industrial Training Act 1975 6,” were deleted; and
(ii) the passage “apply to the Director for suspension or cancellation of this agreement.” were “apply to the chief executive under the Vocational Education and Training Act 1996 for approval to terminate this agreement.”; and
(iii) the second reference to the Industrial Training Act 1975 6 were a reference to the Vocational Education and Training Act 1996.
(2) Without limiting the Vocational Education and Training Act 1996 Schedule 2 clause 1 —
(a) section 60G(3), (4) and (5) of that Act and regulation 51 apply to and in respect of any application made to the chief executive under clause 11 of an old agreement, as modified by subclause (1)(e), for approval to terminate the agreement; and
(b) on such an application for approval to terminate an old agreement, the chief executive may give approval if satisfied the apprentice has engaged in misconduct as defined in clause 11 of the agreement.
(3) Subclause (2) does not affect the operation of section 60G(3) of the Vocational Education and Training Act 1996.
Old agreements and contracts not terminated by sale of business
If the employer under an old agreement or an old training contract sells the business or the part of the business in which the apprentice under the agreement or contract is employed, the agreement or contract is taken to be assigned to the purchaser, unless the chief executive, under section 60G of the Act, approves the termination of the agreement or contract.
Technical instruction requirements for trade apprentices
(1) A trade apprentice who is the subject of an old agreement must undertake those approved VET courses that a registered training provider directs the apprentice to undertake.
(2) A trade apprentice who is the subject of an old training contract must undertake on-the-job and off-the-job training in accordance with the training plan that the apprentice, the employer and a registered training provider have signed as required by the contract.
Final certificates for trade apprentices
(1) If the employer of a trade apprentice and a registered training provider agree that the apprentice has achieved all necessary competencies for the trade the apprentice is learning or being trained in —
(a) the employer and provider must jointly notify the chief executive accordingly; and
(b) the chief executive must give the apprentice a certificate that he or she has achieved the trade.
(2) These regulations do not prevent a registered training provider, acting in accordance with the Act, from conferring a trade apprentice with —
(a) an approved VET qualification in relation to any approved VET course the apprentice undertook under the apprenticeship; or
(b) a prescribed VET qualification the required competencies for which were achieved by the apprentice under the apprenticeship.
dline
This is a compilation of the Vocational Education and Training (General) Regulations 2009 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Vocational Education and Training (General) Regulations 2009
22 May 2009 p. 1731‑97
r. 1 and 2: 22 May 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Jun 2009 (see r. 2(b) and No. 44 of 2008 s. 2(2))
Vocational Education and Training (General) Amendment Regulations 2011
25 Oct 2011 p. 4508-11
r. 1 and 2: 25 Oct 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 26 Oct 2011 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations (No. 2) 2011
25 Oct 2011 p. 4511-12
r. 1 and 2: 25 Oct 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2012 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations 2012
16 Mar 2012 p. 1247‑8
r. 1 and 2: 16 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Mar 2012 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations (No. 2) 2012
21 Aug 2012 p. 3927
r. 1 and 2: 21 Aug 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Sep 2012 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations 2013
17 Dec 2013 p. 6218‑30
r. 1 and 2: 17 Dec 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2014 (see r. 2(b))
Reprint 1: The Vocational Education and Training (General) Regulations 2009 as at 7 Mar 2014 (includes amendments listed above)
Vocational Education and Training (General) Amendment Regulations (No. 2) 2014
15 Jul 2014 p. 2463‑4
r. 1 and 2: 15 Jul 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2014 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations 2014
5 Dec 2014 p. 4525-41
r. 1 and 2: 5 Dec 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Dec 2014 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations (No. 3) 2014
12 Dec 2014 p. 4742‑3
r. 1 and 2: 12 Dec 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Dec 2014 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations 2015
10 Mar 2015 p. 827‑36
r. 1 and 2: 10 Mar 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Apr 2015 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations (No. 2) 2015
28 Aug 2015 p. 3599
r. 1 and 2: 28 Aug 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Aug 2015 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations 2016
27 Jan 2016 p. 222‑4
r. 1 and 2: 27 Jan 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Jan 2016 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations 2017
29 Dec 2017 p. 6080‑3
r. 1 and 2: 29 Dec 2017 (see r. 2(a));<br>Regulations other than r. 1 and 2: 9 Feb 2018 (see r. 2(b))
Reprint 2: The Vocational Education and Training (General) Regulations 2009 as at 16 Nov 2018 (includes amendments listed above)
Vocational Education and Training (General) Amendment Regulations 2021
SL 2021/156 10 Sep 2021
r. 1 and 2: 10 Sep 2021 (see r. 2(a));<br>Regulations other than r. 1 and 2: 11 Sep 2021 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations 2024
SL 2024/147 10 Jul 2024
r. 1 and 2: 10 Jul 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 11 Jul 2024 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations (No. 2) 2024
SL 2024/229 13 Nov 2024
r. 1 and 2: 13 Nov 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Nov 2024 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations 2025
SL 2025/71 14 May 2025
r. 1 and 2: 14 May 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 15 May 2025 (see r. 2(b))
Vocational Education and Training (General) Amendment Regulations (No. 2) 2025
SL 2025/165 17 Sep 2025
r. 1 and 2: 17 Sep 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Oct 2025 (see r. 2(b))
Other notes
1 Repealed by the Vocational Education and Training (Commonwealth Powers) Act 2010 Sch. 1 (NSW).
2 Repealed by the Training and Skills Development Act 2016 (NT).
3 Repealed by the Further Education and Training Act 2014 (Qld).
4 Repealed by the Training and Workforce Development (Repeals and Consequential Amendments Act 2013 (Tas).
5 The Training Legislation Amendment and Repeal Act 2008 (other than Part 1) commenced 10 Jun 2009.
6 The Industrial Training Act 1975 was repealed by the Training Legislation Amendment and Repeal Act 2008.
7 Repealed by the Vocational Education and Training (General) Regulations 2009 r. 56(2).
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
accreditation application 7
accreditation standards 7
Act 3
amendment regulations 61
AQF 3
AQTF 61
ASQA 3
associate 12(1)
audit 7
child 40(1)
commencement 55, Sch. 2 cl. 1
commencement day 61
Commonwealth Act 3
compliance audit 7
compliance standards 3
complying training plan 3, 43(1)
compulsory education period 40(1)
condition of registration 7
data provision requirements 3
fit and proper person requirements 3
governing person 7
investigation 7
involved person 45(1)
jurisdiction 3
listed 4(1)
national register 3
nominated training provider 34
non-referring State 3
official travel costs 24
old agreement Sch. 2 cl. 1
old training contract Sch. 2 cl. 1
outcome standards 3
owner 7
parent 40(1)
personal details 3
pre-commencement regulations 64(1)
register 7
registering body 7
registration application 3
registration document 6
registration standards 2025 3
school-based apprenticeship 3, 43(1)
scope of registration 7
Standards for VET Regulators 7
suspension notice 49(4)
trade apprentice Sch. 2 cl. 1
training provider application 3
transitional period 61, 64(1)
units gained institutionally 38(3B)
VET course for a prescribed VET qualification 7
VET quality framework 3
WA 3
WA accredited course 7
WA registered provider 3
working day 3
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.