TRAINING AND TERTIARY EDUCATION AMENDMENT BILL 2014

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

(b) support quality assurance and best management practices for vocational education and training; and

(c) encourage awareness in the community of the need for, and to promote the development of, vocational education and training that is relevant to industry.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘registered training organisation (or RTO)—see the Commonwealth Act

, section 3.’ means that the term ‘registered training organisation’ is defined in that section and the definition applies to this Act.

(a) to inquire into, and advise the Minister on, issues about vocational education and training;

(b) to facilitate recognition and quality assurance in the provision of vocational education and training;

(d) to establish a simple, streamlined system for apprenticeships and traineeships;

(1) The director-general may determine a period of probation under a training contract (a probationary period).

2 A probationary period of 90 days may be determined for a 4-year apprenticeship.

Note 1 Power to make a statutory instrument includes power to make different provisions in relation to different matters or different classes of matters (see Legislation Act

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

11 Training contracts for qualification or statement of attainment

Section 55D (2)

(a) an employer and another person (an apprentice or trainee) have entered into an approved training contract; and

(2) The employer or the apprentice or trainee may end the contract before the end of the probationary period.

(1) The director-general may give an RTO written notice that a person authorised by the director-general proposes to visit premises where the RTO is conducting, or proposing to conduct, training or assessment as part of a VET course.

(1) This section applies if the director-general is satisfied that an employer or RTO—

(a) without reasonable excuse, obstructs or hinders a person entering premises or observing training under section 99 (4) (a) or (b) (Visits by director-general—RTO premises) or section 99A (4) (a) or (b) (Visits by director-general—training contract premises); or

(b) refuses to give information, or gives information that the employer or RTO knows is false or misleading in response to a request under section 99 (4) (c) or section 99A (4) (c); or

(c) refuses to produce a document, or produces a document that the employer or RTO knows contains false or misleading information, in response to a request under section 99 (4) (d) or section 99A (4) (d).

(2) The director-general may suspend or cancel the approval of, or amend, an approved training contract to which the employer is a party or under which the RTO delivers work-related training.

31 Time for lodging ACAT review applications for s 55 and s 80 decisions—ACAT Act, s 11

Section 107

(2) If the director-general approves a form for a particular purpose, the form must be used for that purpose.

column 1 item	column 2 section	column 3 decision	column 4 entity
1	55B (1) (Approval of training contract)	refusing to approve a training contract	applicant for approval
2	55B (3)	approving a training contract subject to conditions	applicant for approval
3	55G (2) (a) (Party may ask for amendment)	approving an amendment of an approved training contract	each party to the contract
4	55G (2) (b)	refusing to approve an amendment of an approved training contract	each party to the contract
5	55H (Director-general may suspend, cancel or amend contract)	suspending or cancelling approval of a training contract	each party to the contract
6	55H	amending an approved training contract	each party to the contract
7	55I (5) (a) (Dispute between employer and apprentice or trainee)	making a finding of fact about a matter in relation to a training contract	each party to the contract
8	55I (5) (b)	amending an approved training contract	each party to the contract
9	55I (5) (c)	giving directions to a party to an approved training contract	each party to the contract
10	103A (2) (Obstructing visits— director-general)	suspending or cancelling approval of an approved training contract	each party to the contract
11	103A (2)	amending an approved training contract	each party to the contract

apprentice or trainee means a person who undertakes an apprenticeship or traineeship under an approved training contract.

employer, for an apprentice or trainee, means the person who is obliged under a training contract to employ the apprentice or trainee.

registered training organisation (or RTO)—see the Commonwealth Act

standards for State and Territory registering and course accrediting bodies

statement of attainment means a VET statement of attainment under the Commonwealth Act

vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF, being the Australian Qualifications Framework under the Commonwealth Act

• Training and Tertiary Education (Accreditation and Registration Council) Direction 2008 (No 1)

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘agent, for schedule 8 (Rules of conduct)—see schedule 8, section 8.1.’ means that the term ‘agent’ is defined in that section for schedule 8.

statement of attainment means the VET statement of attainment under the National Vocational Education and Training Regulator Act 2011

[1.7] Section 25 (3), definition of ACT education provider, paragraphs (c) to (e)

[1.16] Section 124 (2), definition of educational institutions for children, paragraph (b)

(a) a government school or school-related institution established under the Education Act 2004

2.16 Exemption from tax—apprentices or trainees under approved training contracts

[1.28] Schedule 2, section 2.16 (4), new definition of apprentice or trainee

Note Apprentice or trainee is defined as a person who undertakes an apprenticeship or traineeship under an approved training contract.

(Cwlth), s 3
4	a VET course under the National Vocational Education and Training Regulator Act 2011

(Cwlth), s 3
5	an accredited course under the Tertiary Education Quality and Standards Agency Act 2011

Australian Capital Territory Bills

TRAINING AND TERTIARY EDUCATION AMENDMENT BILL 2014