New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001

- As at 29 June 2018 
- Act 80 of 2001 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Application of National Vocational Education and Training Regulator Act 2011 (Cth)

   PART 2 - APPRENTICESHIPS AND TRAINEESHIPS

           Division 1 - Preliminary

   4.      Vocational training guidelines
   5.      Recognised trade and traineeship vocations
   6.      Vocational training orders

           Division 2 - Establishment of apprenticeships and traineeships
           Note

   7.      Applications to establish apprenticeships and traineeships
   8.      Determination of applications
   9.      Dismissal of certain applications
   10.     Vocational training directions
   11.     Withdrawal from apprenticeship or traineeship during probationary period
   12.     Training contracts
   12A.    Training plans
   13.     Duties of employers under apprenticeships and traineeships
   14.     Duties of employers using host employment arrangements
   15.     Duties of employers to notify Commissioner of certain matters
   16.     Duties of apprentices and trainees under apprenticeships and traineeships
   16A.    Duties of registered training organisations
   17.     Conditions of training and employment for persons employed as apprentices and trainees
   18.     Extension of probationary period
   19.     Attendance at relevant registered training organisation

           Division 3 - Transfer, variation, suspension, cancellation and completion of apprenticeships and traineeships

   20.     Transfer of apprenticeships and traineeships
   21.     Variation of training contracts and training plans on application by a party
   21A.    Variation of training contracts and training plans by Commissioner
   22.     Suspension and cancellation of apprenticeships and traineeships
   23.     Completion of apprenticeships and traineeships
   24.     Effect of death of employer or change in partnership

           Division 4 - Additional provisions concerning recognised trade vocations

   25.     Juniors not to be employed in recognised trade vocations unless apprentices or qualified tradespersons
   26.     Commissioner may direct apprenticeship to have effect
   27.     Remuneration of adult apprentices

           Division 5 - General

   28.     Register of apprenticeships and traineeships
   29.     Advertising of group training organisations
   30.     Registration of group training organisations
   31.     Preservation of conditions of employment of existing worker trainees
   32.     Training contracts presumed to benefit minors
   33.     Apprentices and trainees not to be required to make payments or give bonds
   34.     Effect of change in vocational training order

   PART 3 - RECOGNITION OF OTHER TRADE QUALIFICATIONS

   35.     Recognition of Defence Force trade training
   36.     Recognition of other trade training--applications
   37.     Recognition of other trade training--determinations
   38.     Register of determinations

   PART 4 - PROCEEDINGS WITH RESPECT TO DISPUTES AND DISCIPLINARY MATTERS

           Division 1 - Complaints

   39.     Complaints to be made to Commissioner
   40.     Conciliation
   41.     Suspension of apprenticeships and traineeships pending hearing
   42.     Commissioner to fix time and place for hearing complaints

           Division 2 - Hearings

   43.     Parties
   44.     Procedure generally
   45.     Legal representation
   46.     Attendance of witnesses and production of documents
   47.     Witnesses to answer questions
   48.     Misconduct
   49.     Costs

           Division 3 - Determinations

   50.     (Repealed)
   51.     Determinations
   52.     Orders for compensation
   53.     Orders prohibiting employer from entering into apprenticeships and traineeships

   PART 5 - REVIEWS

   54.     Administrative review of decisions by Civil and Administrative Tribunal
   55.     (Repealed)

   PART 6 - ADMINISTRATION

           Division 1 - The Commissioner for Vocational Training

   56.     Commissioner
   57.     Functions of Commissioner
   58.     Delegation by Commissioner
           Divisions 2, 3 - (Repealed)
           None

           Division 4 - Industry training officers

   65.     Appointment of industry training officers
   66.     Functions of industry training officers
   67.     Powers of entry to premises
   68.     Search warrants
   69.     Obstruction of industry training officers

   PART 7 - MISCELLANEOUS

   70.     False or misleading information
   71.     Disclosure of business information
   72.     Contraventions of Act that give rise to offences
   73.     Proceedings for offences
   73A.    Penalty notices
   74.     Applications and notices
   75.     Fees
   76.     Evidentiary certificates
   77.     Liability
   78.     (Repealed)
   79.     Act binds Crown
   80.     Relationship with Industrial Relations Act 1996
   81.     Regulations
   82.     Repeals
   83.     (Repealed)
   84.     Savings, transitional and other provisions
   85.     Review of Act
           SCHEDULE 3
           SCHEDULE 4
           Dictionary