Purpose:

The purpose of this legislation is to regulate apprenticeships and traineeships, support quality assurance and best management practices for vocational education and training, and promote the development of industry-relevant vocational education and training within the community.

Objectives:

• Regulate apprenticeships and traineeships.
• Support quality assurance and best management practices for vocational education and training.
• Encourage awareness in the community of the need for, and to promote the development of, vocational education and training that is relevant to industry.

Key Provisions:

• The director-general has functions including advising the Minister on vocational education and training, facilitating recognition and quality assurance, ensuring a strong policy framework, and establishing a streamlined system for apprenticeships and traineeships.
• The director-general may determine that a sequence of vocational education and training is work-related training, such as an apprenticeship or traineeship.
• The director-general may determine a probationary period for a training contract, with examples provided for different duration training contracts.
• The director-general may approve a training contract between an employer and another person for work-related training, subject to conditions.
• An application for approval of a training contract must be made in a way required by the director-general, potentially using an approved form.
• Training contracts can be entered into for training that results in a qualification or statement of attainment, unless the director-general decides otherwise for a particular qualification or statement.
• It is an offence for an employer to provide work-related training for a qualification or statement of attainment while employing the person on trainee or apprentice wages and conditions without an approved training contract.
• All parties to an approved training contract must comply with any code of practice approved by the Minister for work-related training.
• Either the employer or the apprentice/trainee may end an approved training contract during its determined probationary period.
• A party to an approved training contract may ask the director-general to approve an amendment to the contract.
• The director-general may suspend, cancel, or amend an approved training contract under specific circumstances, such as changes in the employer’s circumstances, in the interests of the apprentice or trainee, or as prescribed by regulation.
• The director-general may attempt to resolve disputes arising between parties to an approved training contract and, if unresolved, may make findings of fact, amend the contract, or give directions.
• The director-general may authorise persons to visit RTO premises or training contract premises to observe operations/training, and to request information or documents, typically with 7 days’ written notice, but without notice in exceptional circumstances.
• Authorised persons conducting visits must be issued an identity card by the director-general, which must be produced upon request by the occupier.
• The director-general may suspend, cancel, or amend an approved training contract if an employer or RTO obstructs visits, refuses to give information, gives false or misleading information, refuses to produce documents, or produces false or misleading documents.
• The Minister is responsible for approving providers to provide courses to overseas students at government or non-government schools for CRICOS purposes.
• Persons exercising a function under this Act are protected from civil liability for honest acts or omissions without negligence; liability attaches instead to the Territory.
• The Minister may determine fees for the Act.
• The director-general may approve forms for the Act, which must be used for their particular purpose.
• The Executive may make regulations for the Act.

Evidence of Compliance Requirements For Agricultural Organisations:

• Approved Training Contracts (Section 9 & 10):
  • Requirement: An employer (including agricultural organisations) must have an approved training contract in place if providing work-related training for a qualification or statement of attainment while employing a person on trainee or apprentice wages and conditions. Failure to do so is a strict liability offence with a maximum penalty of 50 penalty units.
  • Action/Documentation: The proposed training contract must comply with the form and content of the nationally agreed training contract.
  • Action/Documentation: The employer must demonstrate that facilities, equipment, and methods proposed for training are suitable. This may require an assessment or certification of training resources.
  • Action/Documentation: The employer must demonstrate that the qualifications, knowledge, and skills of the person delivering the training are appropriate. This may involve providing trainer resumes, certifications, or proof of competency.
  • Action/Documentation: The employer must demonstrate that the person delivering the training conducts themselves appropriately. This could imply adherence to professional standards or codes of conduct.
  • Action/Documentation: The employer must demonstrate they are likely to comply with any relevant industrial arrangement (e.g., Fair Work instrument, employment contract). This may involve providing copies of industrial arrangements or demonstrating past compliance.
  • Reporting Requirement: An application for approval of a training contract must be made in the way required by the director-general. If an approved form is available, that specific form must be used for the application.
• Code of Practice Compliance (Section 13):
  • Requirement: All parties to an approved training contract (including agricultural organisations as employers or RTOs) must comply with any code of practice approved by the Minister.
  • Action: Implement internal policies and procedures that reflect the requirements of the approved code of practice.
  • Action/Documentation: Ensure staff involved in training are aware of and adhere to the code of practice; this may involve internal training records.
• Amendment of Training Contract (Section 15):
  • Requirement: If changes are needed to an approved training contract, a party may request an amendment.
  • Action/Documentation: If an approved form exists for requesting an amendment, it must be used. The proposed amended contract must still comply with the form and content of the nationally agreed training contract.
• Cooperation with Director-General Visits (Section 18, 19, 22):
  • Requirement: Employers (including agricultural organisations) and Registered Training Organisations (RTOs) must not obstruct or hinder authorised persons from entering premises or observing training/operations during a visit.
  • Requirement: Employers and RTOs must provide information requested about work-related training or courses.
  • Requirement: Employers and RTOs must produce documents requested about work-related training or courses.
  • Requirement: Information given and documents produced must not be false or misleading.
  • Inspection/Audit Requirements: Authorised persons may conduct visits to RTO premises (Section 18) or training contract premises (Section 19). These visits are typically preceded by at least 7 days’ written notice stating the address, purpose, day, and time. Visits can occur without notice in “exceptional circumstances,” such as “danger of injury to anyone’s health or safety.”
  • Record-keeping Requirement: Employers and RTOs must maintain documents containing information about courses given or proposed to be given (for RTOs) or work-related training provided or proposed to be provided (for employers), as these may be requested during visits.
• Identity Card Production (Section 21):
  • Requirement: Any authorised person entering premises must produce their identity card if requested by the occupier to remain on the premises.
  • Action: Occupiers of premises can request identity verification from visitors under this Act.

Metadata Keywords:

Vocational education, training, apprenticeships, traineeships, ACT legislation, employer compliance, RTOs, quality assurance, industrial arrangements, regulatory visits.

Publication Information:

Publication date: 20 November 2014 Version number: Republication No 16 Effective date: 20 November 2014

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.act.gov.au/DownloadFile/a/2003-36/current/PDF/2003-36.PDF →