Purpose:

To enable the provision of nationally recognised vocational education and training in the Northern Territory that meets the present and future needs of government, industry, and the community, and supports employment and economic growth.

Objectives:

• To provide vocational education and training advice to instrumentalities and agencies of the Crown in the Territory and elsewhere in Australia, and on behalf of the Territory.
• To allocate funding for vocational education and training each year.
• To recognise that vocational education and training providers and courses are regulated under Commonwealth law for national consistency.
• To protect and enhance quality, flexibility, innovation, transparency, access, equity, efficiency, effectiveness, and responsiveness in vocational education and training.
• To ensure the delivery of vocational education and training is under continuous review for quick implementation of necessary reforms.

Key Provisions:

• The Chief Executive Officer (CEO) must consider industry needs when approving nationally recognised qualifications and types of apprenticeships or traineeships.
• Employers must obtain approval from the CEO before employing an apprentice or trainee, ensuring suitable premises, equipment, training methods, and supervision.
• The CEO may declare an employer to be a prohibited employer if satisfied they are unsuitable, based on criteria such as ability to provide training, past record, behaviour, and compliance with employment-related Acts.
• Training contracts, which are binding written agreements between an employer, apprentice or trainee (and guardian if under 18), must be in an approved form, signed, and submitted to the CEO for registration.
• Training plans, detailing certifiable components for qualification attainment, must be determined and agreed upon by the employer, an approved Registered Training Organisation (RTO), and the apprentice or trainee, and then submitted to the CEO by the RTO.
• Registered Training Organisations (RTOs) must be approved by the CEO to provide training for VET accredited courses or training package qualifications.
• Registered training contracts can be terminated by a party during the probationary period, or cancelled or suspended by agreement of the parties or by the CEO, with required notification to the CEO.
• Registered training contracts may be assigned to another approved employer with CEO approval, requiring a signed assigning document.
• RTOs must issue statements of attainment for attained certifiable components and award VET qualifications upon completion, notifying the CEO.
• The CEO determines the rate of wages for apprentices and trainees based on competency levels, and it is an offence to pay a lower rate.
• Employers are obligated to maintain progress records for apprentices and trainees and may be required by the CEO to keep and provide other specified records.
• Authorised officers have powers of entry, inspection, and the ability to issue directions for compliance checks.

Evidence of Compliance Requirements For Agricultural Organisations:

• Employer Approval:
  • An employer must submit an application in the approved form to the CEO for approval to employ one or more apprentices or trainees (s.38(1), s.38(2)).
  • The employer must ensure that each apprentice or trainee employed under the approval is at least 15 years of age, unless permitted otherwise by a relevant award, industrial agreement, or enterprise agreement (s.38(4)(a)).
  • The employer must provide each apprentice or trainee with premises, equipment, method of training, and supervision suitable for the approved apprenticeship or traineeship (s.38(4)(b)).
  • If the CEO grants an approval subject to conditions that are to be complied with before a training contract may be entered, the employer must comply with those conditions for the approval to have effect (s.38(6), s.38(7)).
  • An employer may apply to the CEO in the approved form to vary or revoke their approval to employ (s.39(1)(a)).
• Prohibited Employer Declaration:
  • If the CEO proposes to declare an employer as a prohibited employer, the employer may make a submission to the CEO in relation to the proposal by the specified date, which is within 14 days after the show cause notice is given (s.41(2)(e)).
  • A prohibited employer may apply to the CEO in the approved form requesting the CEO to revoke a declaration (s.43(1)).
• Training Contracts:
  • Before an apprenticeship or traineeship commences, a training contract in the approved form must be signed by the employer, the apprentice or trainee, and if the apprentice or trainee is under 18 years of age, a parent or guardian of the apprentice or trainee (s.45(3), s.47(1)©).
  • The employer must submit the signed training contract to the CEO for registration within 28 days after the apprenticeship or traineeship started (s.48(1)©, s.49).
  • If an employer wishes to extend the probationary period of a training contract, they must do so by written notice to the CEO before the end of the initial 3-month probationary period, for an extension of not more than 3 months, and only once (s.46(1), s.46(2)).
• Training Plans:
  • The employer, an approved RTO, and the apprentice or trainee must determine and agree to a training plan (s.54(2)).
  • The approved RTO must submit the training plan agreed to under section 54(2) to the CEO before the end of the probationary period of the training contract (s.54(3), s.55(1)).
  • An approved RTO must not include a requirement in a training plan for an apprentice or trainee to attain a nationally recognised qualification or certifiable component that they have already attained or been issued with by another RTO (s.56(1)).
• RTO Approval:
  • An RTO may apply to the CEO for approval to provide training for VET accredited courses or training package qualifications using the approved form (s.57(1), s.57(2)).
  • An RTO must be approved by the CEO under section 57 before providing training for a VET accredited course or training package qualification to an apprentice or trainee (s.58(1)).
  • An approved RTO may apply in the approved form to vary or revoke their approval (s.59(1)(a)).
• Termination, Cancellation, and Suspension of Training Contracts:
  • A party to a training contract who gives written notice of termination during the probationary period must give a copy of the notice to the CEO as soon as reasonably practicable and in any event within 14 days after giving the notice (s.60(1), s.60(2), s.60(3)).
  • The parties to a registered training contract who cancel the contract by written notice must give a copy of the signed notice to the CEO as soon as reasonably practicable and in any event within 14 days after signing the notice (s.61(1), s.61(2)).
  • The parties to a registered training contract who suspend the operation of the contract by written notice must give a copy of the signed notice to the CEO as soon as reasonably practicable and in any event within 14 days after signing the notice (s.62(1), s.62(2)). The suspension period must be not more than 12 months.
• Assignment of Registered Training Contracts:
  • The parties to a registered training contract must jointly apply to the CEO in the approved form for approval to assign the contract to another approved employer (s.64(1)).
  • If the CEO approves an application for assignment, both employers, the apprentice or trainee, and if under 18 years of age, a parent or guardian, must sign an assigning document in the approved form within 14 days after the approval (s.64(7)).
  • Any directions given by the CEO in relation to how a registered training contract may be assigned must be complied with (s.64(10), s.64(11)).
• Awards Under Registered Training Contracts:
  • If an RTO assesses an apprentice or trainee as having attained a certifiable component but not the full qualification, the RTO must issue a statement of attainment (s.66(1), s.66(2)).
  • An RTO must give written notice to the CEO of an assessment that an apprentice or trainee has attained a certifiable component within 14 days after the assessment (s.66(3)(b)).
  • If an RTO assesses an apprentice or trainee as having attained all certifiable components for a nationally recognised qualification, the RTO must seek confirmation from the employer and the apprentice or trainee (s.67(1), s.67(2)(a)).
  • If confirmation is received, the RTO must award a VET qualification as soon as reasonably practicable (s.67(2)(b)).
  • The RTO must give written notice to the CEO of the assessment and its confirmation by the employer and the apprentice or trainee within 14 days after receiving that confirmation (s.67(3)(b)).
• Wages:
  • An employer must not employ, attempt to employ, or authorise or permit the employment of an apprentice or trainee at a rate of wages lower than the applicable rate determined by the CEO based on competency levels (s.69, s.70).
  • If the CEO approves employment for less than a complete week or month due to slackness of trade, the employer must pay the rate of wages fixed by the CEO for that period (s.71(3)).
  • If an employer stands down an apprentice or trainee due to an industrial occurrence, they must comply with the specified payment entitlements (s.72(3), s.72(4)).
• Employer Records and Reporting:
  • An employer who is a party to a registered training contract must maintain progress records in relation to the apprentice or trainee while the contract remains in force, which are adequate for the CEO or relevant RTO to ascertain progress towards attaining competency (s.75(1)).
  • An employer must comply with any written notice from the CEO requiring them to keep records of a specified kind, in the manner and form specified in the notice (s.76(1), s.76(2)).
  • An employer must comply with any written notice from the CEO requiring them to provide copies of records relating to an apprenticeship or traineeship within 7 days after the date of the notice or a longer period specified in the notice (s.77(1), s.77(2)).
• Inspection and Audit Requirements:
  • An occupier of a place where an apprentice or trainee is employed must permit an authorised officer to enter (unless it’s residential premises without consent) (s.83(1), s.83(2)).
  • At the request of the occupier, an authorised officer must show their identity card and permit examination (s.83(3)).
  • The occupier must comply with directions from an authorised officer to give specified information about training, produce documents, allow inspection, extraction, or copying of documents, operate electronic equipment, or stop/move machinery for examination or testing (s.84(e), (f), (g), (h), (i), s.85).
  • A person must not obstruct an authorised officer acting in an official capacity (s.86).
  • A person must not intentionally give misleading information or documents to an authorised officer (s.87).

Metadata Keywords:

Vocational education, Training, Apprenticeships, Traineeships, Northern Territory, Employer obligations, Registered Training Organisation, Compliance, Skills development, Employment.

Publication Information:

Publication date: As in force at 23 November 2018 Version number: Not specified in document.

Agricultural Industry Alignment:

Not specified in document.

Date Added to database:

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

URL:

https://legislation.nt.gov.au/api/sitecore/Act/PDF?id=12231 →