Industry Training and Apprenticeships Act 1992

1:
1: This Act is the Industry Training and Apprenticeships Act 1992
2: Except as provided in section 20 Section 1 heading amended 23 April 2014 section 6(1) Industry Training and Apprenticeships Amendment Act 2014 Section 1(1) amended 23 April 2014 section 6(2) Industry Training and Apprenticeships Amendment Act 2014
1: Preliminary
1A: Purpose
The purpose of this Act is to—
a: provide for the recognition and funding of organisations (to be known as industry training organisations) to develop and maintain skill standards for, and administer the delivery of, industry training; and
b: encourage and improve industry training; and
c: encourage and help people to take up and complete apprenticeship training; and
d: provide for other related matters. Section 1A inserted 23 April 2014 section 7 Industry Training and Apprenticeships Amendment Act 2014
2: Interpretation
In this Act, unless the context otherwise requires,— apprentice apprenticeship training section 13C apprenticeship training agreement apprenticeship training code section 13F Commission section 159C condition of recognition section 5(2) or (5)﻿(b) Directory of Assessment Standards section 248A employment agreement Employment Relations Act 2000 funding agreement section 11A funding approval section 159YA section 10(2) industry
a: similar inputs and methods of production to produce similar products; or
b: similar methods to provide similar services industry training including apprenticeship training,
a: by or on behalf of employers in the industry (or industries); or
b: for the benefit of employers and employees in the industry (or industries),— in skills characteristic of, or likely to be valuable to, people engaged in the industry (or industries) industry training organisation section 5 section 8(1) listed skill standard Minister plan prescribed quality assurance requirements section 253(1)﻿(gb) section 13B proposed plan section 10(2) section 159YA qualification section 248 Qualifications Authority section 248(1) recognise satisfied similar skills skill standard
a: means a specification of skills, and levels of performance in those skills; and
b: in relation to any industry training (or proposed industry training), means a specification of some or all of the skills in which training is (or is proposed to be) received, and the levels of performance in those skills intended to be attained by people receiving the training specified industry
a: in relation to an industry training organisation, the industry or industries in respect of which the industry training organisation is recognised; or
b: in relation to a body corporate applying for recognition as an industry training organisation, the industry or industries in respect of which the body corporate seeks to be recognised training contract Section 2 agency repealed 1 January 2003 section 4(1) Industry Training Amendment Act 2002 Section 2 applicant organisation repealed 1 January 2003 section 4(1) Industry Training Amendment Act 2002 Section 2 apprentice inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 apprenticeship contract repealed 23 April 2014 section 8(1) Industry Training and Apprenticeships Amendment Act 2014 Section 2 apprenticeship training inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 apprenticeship training agreement inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 apprenticeship training code inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 Board repealed 1 January 2003 section 4(1) Industry Training Amendment Act 2002 Section 2 Commission inserted 1 January 2003 section 4(2) Industry Training Amendment Act 2002 Section 2 condition of recognition inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 Directory of Assessment Standards inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 employment agreement inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 employment contract repealed 2 October 2000 section 240 Employment Relations Act 2000 Section 2 funding agreement replaced 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 funding approval inserted 1 January 2008 section 49(2) Education (Tertiary Reforms) Amendment Act 2007 Section 2 industry amended 23 April 2014 section 8(3) Industry Training and Apprenticeships Amendment Act 2014 Section 2 industry amended 23 April 2014 section 8(2) Industry Training and Apprenticeships Amendment Act 2014 Section 2 industry training amended 23 April 2014 section 8(4) Industry Training and Apprenticeships Amendment Act 2014 Section 2 listed skill standard inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 plan inserted 1 January 2008 section 49(2) Education (Tertiary Reforms) Amendment Act 2007 Section 2 prescribed quality assurance requirements inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 profile repealed 1 January 2008 section 49(1) Education (Tertiary Reforms) Amendment Act 2007 Section 2 proposed plan inserted 1 January 2008 section 49(2) Education (Tertiary Reforms) Amendment Act 2007 Section 2 qualification inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 Qualifications Authority amended 23 April 2014 section 8(5) Industry Training and Apprenticeships Amendment Act 2014 Section 2 specified industry inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014 Section 2 statement of tertiary education priorities repealed 1 January 2008 section 49(1) Education (Tertiary Reforms) Amendment Act 2007 Section 2 technician's contract repealed 23 April 2014 section 8(1) Industry Training and Apprenticeships Amendment Act 2014 Section 2 technicians' determination repealed 23 April 2014 section 8(1) Industry Training and Apprenticeships Amendment Act 2014 Section 2 training board repealed 23 April 2014 section 8(1) Industry Training and Apprenticeships Amendment Act 2014 Section 2 training contract inserted 23 April 2014 section 8(6) Industry Training and Apprenticeships Amendment Act 2014
3: Training contracts and apprenticeship training agreements part of employment agreement
Training contracts and apprenticeship training agreements are part of the employment agreement between the employee and employer concerned. Section 3 replaced 23 April 2014 section 9 Industry Training and Apprenticeships Amendment Act 2014
4: Act binds the Crown
This Act binds the Crown.
4A: Savings and transitional provisions relating to amendments to this Act
Schedule 1AA see section 53 Section 4A inserted 23 April 2014 section 10 Industry Training and Apprenticeships Amendment Act 2014
2: Recognition of industry training organisations and funding of training activities
5: Minister may recognise industry training organisations
1: After receiving an application for recognition under section 6 Gazette
2: Recognition under subsection (1) may be subject to any conditions that, in the Minister's opinion, are reasonably necessary to maintain the quality and effectiveness of industry training in the specified industry.
3: Before recognising an organisation under subsection (1), the Minister must—
a: take into account the matters set out in section 7
b: be satisfied that the organisation has, or will have, the skill and knowledge to be able to carry out the core activities of an industry training organisation under section 11B(1)﻿(a)
c: be satisfied, following consultation with the Qualifications Authority, that the organisation has, or will have, and is likely to maintain—
i: systems and processes to enable the organisation to comply with the prescribed quality assurance requirements; and
ii: the capability, knowledge, and experience to enable the organisation to comply with the prescribed quality assurance requirements.
4: The Gazette
a: the name of the organisation; and
b: the specified industry; and
c: any conditions of recognition.
5: The Minister may,—
a: at the request of the industry training organisation, amend the notice to change the description of the specified industry:
b: at any time,—
i: revoke a condition of recognition; or
ii: amend a condition of recognition, or impose a new condition, if, in the Minister's opinion, the amended or new condition is reasonably necessary to maintain the quality and effectiveness of industry training in the specified industry. Section 5 replaced 23 April 2014 section 11 Industry Training and Apprenticeships Amendment Act 2014
6: Application for recognition as industry training organisation
1: A body corporate may apply to the Minister for recognition as an industry training organisation.
2: An application under subsection (1) must be accompanied by the fee (if any) charged by the Qualifications Authority under section 254(2)﻿(d)
3: The Minister need not consider an application if the applicant has failed to provide, within 30 days of receiving a request, any information requested in relation to the application by—
a: the Qualifications Authority; or
b: the Commission. Section 6 replaced 23 April 2014 section 11 Industry Training and Apprenticeships Amendment Act 2014
7: Matters that Minister must take into account before organisation recognised
The matters that the Minister must take into account under section 5(3)﻿(a)
a: whether the organisation provides services to, or will provide services to, a sufficient number of employers in the specified industry; and
b: whether the organisation is, or will be, adequately funded by employers in the specified industry; and
c: whether the organisation has in place adequate arrangements for involving employers in the governance of the organisation; and
d: whether the organisation has, or will have, the capacity to—
i: monitor demand for training within the specified industry; and
ii: respond to the demand for industry training at the skill level required by employers in the specified industry; and
e: the need to avoid unnecessary duplication of resources in providing industry training for the specified industry; and
f: whether the organisation has, or will have, and is likely to maintain—
i: Qualifications Authority approval for programmes or training schemes for the specified industry; and
ii: Qualifications Authority consent, under section 252
g: whether the organisation has performed satisfactorily at other times when the organisation has been recognised; and
h: whether the organisation has taken reasonable steps to avoid fragmentation and to provide a clear and representative industry focus. Section 7 replaced 23 April 2014 section 11 Industry Training and Apprenticeships Amendment Act 2014
8: Provisional recognition
1: The Minister may, by notice in the Gazette section 5(3)﻿(c)
2: Before granting provisional recognition, the Minister must be satisfied that—
a: the organisation has, or will have, the skill and knowledge to be able to carry out the core activities of an industry training organisation under section 11B(1)﻿(a)
b: if the applicant completes the actions specified in the Gazette section 5(1)
c: in all the circumstances, it is appropriate that the Commission should be able to fund the applicant via a plan.
3: A Gazette
a: the name of the organisation; and
b: the specified industry; and
c: any conditions of recognition; and
d: that the applicant has been granted provisional recognition; and
e: the actions that the applicant must take in order to satisfy the Minister that it should be recognised under section 5(1)
f: the period (not exceeding 3 years) for which provisional recognition has been granted. Section 8 replaced 23 April 2014 section 11 Industry Training and Apprenticeships Amendment Act 2014
9: Expiry and cancellation of recognition
1: The recognition of an industry training organisation under section 5
2: The recognition of an industry training organisation under section 8(1)
a: the period for which it was granted expires; or
b: the organisation is recognised under section 5
3: The Minister section 5(1) or 8(1)
a: if it asks the Minister
ab: if the circumstances in subsection (3A) apply; or
ac: if it has breached the requirement in section 11E
b: if the Minister
3A: The circumstances referred to in subsection (3)﻿(ab) are that—
a: the Minister has issued a notice to the organisation, in accordance with subsection (3B), stating that he or she considers that the organisation's performance is inadequate for any of the following reasons:
i: it is not carrying out at least 1 of the core activities set out in section 11B(1)﻿(a)
ii: it is failing to comply with 1 or more conditions of recognition:
iii: it is failing to comply with a compliance notice issued by the Qualifications Authority under section 11D
b: the period of time specified in the notice within which the organisation must improve its performance has elapsed; and
c: the Minister
3B: A notice under subsection (3A) must—
a: be in writing; and
b: specify—
i: the areas in which the Minister
ii: what actions that the organisation should take to improve its performance; and
iii: the period, which must be a reasonable period, within which the organisation must improve its performance; and
iv: the fact that the Minister
4: Nothing in this section prevents an organisation whose recognition has expired under subsection (1) or subsection (2), or been cancelled under subsection (3)﻿(a) or (ab), from seeking recognition in accordance with section 5 section 8(1) Section 9(3) amended 23 April 2014 section 12(1) Industry Training and Apprenticeships Amendment Act 2014 Section 9(3) amended 1 January 2004 section 9(1) Industry Training Amendment Act 2002 Section 9(3)﻿(a) amended 1 January 2004 section 9(1) Industry Training Amendment Act 2002 Section 9(3)﻿(ab) inserted 1 January 2003 section 9(2) Industry Training Amendment Act 2002 Section 9(3)﻿(ac) inserted 23 April 2014 section 12(2) Industry Training and Apprenticeships Amendment Act 2014 Section 9(3)﻿(b) amended 1 January 2004 section 9(1) Industry Training Amendment Act 2002 Section 9(3A) inserted 1 January 2003 section 9(3) Industry Training Amendment Act 2002 Section 9(3A)﻿(a) replaced 23 April 2014 section 12(3) Industry Training and Apprenticeships Amendment Act 2014 Section 9(3A)﻿(c) amended 1 January 2004 section 9(5) Industry Training Amendment Act 2002 Section 9(3B) inserted 1 January 2003 section 9(3) Industry Training Amendment Act 2002 Section 9(3B)﻿(b)﻿(i) amended 23 April 2014 section 12(4) Industry Training and Apprenticeships Amendment Act 2014 Section 9(3B)﻿(b)﻿(i) amended 1 January 2004 section 9(7) Industry Training Amendment Act 2002 Section 9(3B)﻿(b)﻿(iv) amended 1 January 2004 section 9(7) Industry Training Amendment Act 2002 Section 9(4) substituted 1 January 2003 section 9(4) Industry Training Amendment Act 2002 Funding of industry training Heading inserted 23 April 2014 section 13 Industry Training and Apprenticeships Amendment Act 2014
10: Industry training organisation’s
proposed plan
1: An industry training organisation that seeks funding under a funding mechanism that provides for funding via plans (as indicated by the Minister under section 159L(2)﻿(b)
a: prepare a proposed plan in accordance with section 159X
b: specify in the proposed plan the activities set out in subsection (2) in relation to which funding is sought; and
c: submit the proposed plan for consideration of funding approval under section 159YA
2: The activities are—
a: developing and maintaining
b: developing arrangements for the delivery (not being delivery by the organisation itself or organisations themselves) of industry training intended to enable trainees to attain those standards, including arrangements for—
i: monitoring the training to ensure that it enables trainees to attain those standards; and
ii: assessing trainees and the extent to which they have in fact attained those standards; and
c: making arrangements for the delivery (not being delivery by the organisation itself or organisations themselves) of industry training that will enable trainees to attain skill standards previously set by the organisation (or organisations) and registered by the Qualifications Authority Qualifications Authority
i: monitoring the training to ensure that it enables trainees to attain those standards; and
ii: assessing trainees and the extent to which they have in fact attained those standards; and
d: the apprenticeship training activities described in section 13D(2)
e:
f: developing arrangements for the collective representation of employees in the governance of the organisation.
3: Every proposed plan proposed plan
a: specify agreed levels of performance for the industry training organisation or organisations to which the proposed plan
b: provide for the variation, suspension, and termination of funding if those levels of performance are not achieved.
4: Nothing in this section limits any other requirement as to the content of proposed plans that may be specified by the Commission under Part 13A Section 10 substituted 1 January 2004 section 11 Industry Training Amendment Act 2002 Section 10 heading amended 1 January 2008 section 50(1) Education (Tertiary Reforms) Amendment Act 2007 Section 10(1) substituted 1 January 2008 section 50(2) Education (Tertiary Reforms) Amendment Act 2007 Section 10(2)﻿(a) amended 23 April 2014 section 14(1) Industry Training and Apprenticeships Amendment Act 2014 Section 10(2)﻿(c) amended 23 April 2014 section 14(2) Industry Training and Apprenticeships Amendment Act 2014 Section 10(2)﻿(d) replaced 23 April 2014 section 14(3) Industry Training and Apprenticeships Amendment Act 2014 Section 10(2)﻿(e) repealed 23 April 2014 section 14(3) Industry Training and Apprenticeships Amendment Act 2014 Section 10(3) amended 1 January 2008 section 50(3) Education (Tertiary Reforms) Amendment Act 2007 Section 10(3)﻿(a) amended 1 January 2008 section 50(3) Education (Tertiary Reforms) Amendment Act 2007 Section 10(4) substituted 1 January 2008 section 50(4) Education (Tertiary Reforms) Amendment Act 2007
10A: Power to fund if employer switches industry training organisation
The Commission may give funding approval to a proposed plan of Gazette section 5
a: that employer has applied to the Commission in writing for industry training to be managed by the industry training organisation; and
b: the Commission is satisfied that the employer’s application should be granted because either—
i: the industry training organisation that manages training for the employer’s industry does not have the capacity to provide a satisfactory service to the employer; or
ii: the employer faces significant administrative and compliance costs (but not taking into account the cost of any training levies) because its training needs are covered by more than 1 industry training organisation; and
c: the Commission is satisfied that the industry training organisation is capable of managing delivery of industry training that will enable the employees of the employer to attain the skill standards applicable in the industry to which the training relates. Section 10A inserted 1 January 2004 section 11 Industry Training Amendment Act 2002 Section 10A amended 1 January 2008 section 51 Education (Tertiary Reforms) Amendment Act 2007
11: Matters to which Commission must have regard in determining whether to
give funding approval to proposed plan In determining whether to give an industry training organisation’s proposed plan funding approval
a: the amount of training to which it relates, and the likely number of trainees to be trained in accordance with it; and
b: the desirability of introducing into the organisation’s industry (or the organisations’ industries) skills (whether new skills or enhanced existing skills) likely to increase its (or their) international competitiveness; and
c: the desirability of extending industry training to industries, or areas of any industry (or industries), where industry training linked to nationally recognised qualifications has not traditionally been available; and
d: the desirability of extending industry training to people of a kind or description specified in the Commission’s statement of intent as people to whom industry training linked to nationally recognised qualifications has not traditionally been available (whether within any industry or industries, or generally). Section 11 substituted 1 January 2004 section 12 Industry Training Amendment Act 2002 Section 11 heading amended 1 January 2008 section 52(1) Education (Tertiary Reforms) Amendment Act 2007 Section 11 amended 1 January 2008 section 52(2) Education (Tertiary Reforms) Amendment Act 2007
11A: Persons other than industry training organisations may receive funding for industry training
1: The Commission may enter into funding agreements with persons other than industry training organisations to provide for those persons—
a: to make arrangements, in respect of an industry or industries described in the agreement, for the delivery of industry training that will enable trainees to attain listed skill standards, including arrangements accepted by the Qualifications Authority for—
i: monitoring the training to ensure that the training enables trainees to attain those standards; and
ii: assessing trainees and the extent to which they have attained those standards; and
b: to perform, in respect of an industry or industries described in the agreement, the apprenticeship training activities described in section 13D(2)﻿(c) to (h)
c: to receive funding from the Commission for the purposes described in paragraphs (a) and (b).
2: A funding agreement must—
a: specify agreed levels of performance for the person receiving funding under the agreement; and
b: provide for the variation, suspension, and termination of funding, or the funding agreement, or both, if the specified levels of performance are not achieved. Section 11A inserted 23 April 2014 section 15 Industry Training and Apprenticeships Amendment Act 2014 Obligations of industry training organisations Heading inserted 23 April 2014 section 15 Industry Training and Apprenticeships Amendment Act 2014
11B: Obligations of industry training organisations
1: An industry training organisation must—
a: carry out 1 or both of the following core activities (whether or not it receives funding for those activities via a plan):
i: developing and maintaining skill standards to be listed on the Directory of Assessment Standards and used in the assessment of trainees:
ii: developing and maintaining arrangements for the delivery of industry training that will enable trainees to achieve the relevant skill standards; and
b: comply with any conditions of recognition applying to the organisation; and
c: comply with any prescribed quality assurance requirements that apply to the activities carried out by the organisation; and
d: develop and maintain arrangements for the collective representation of employees in the governance of the organisation.
2: In carrying out the activity described in subsection (1)﻿(a)﻿(ii) section 159AA Section 11B inserted 23 April 2014 section 15 Industry Training and Apprenticeships Amendment Act 2014
11C: Qualifications Authority may issue quality assurance improvement notice
1: The Qualifications Authority may, if satisfied that such action is reasonably necessary to maintain the quality and effectiveness of industry training in a specified industry, issue a quality assurance improvement notice to an industry training organisation.
2: A quality assurance improvement notice must—
a: set out any concerns the Qualifications Authority has about the organisation's systems, practices, training, or procedures; and
b: specify the time within which the organisation is expected to address the Qualification Authority's concerns (which must be a reasonable time, having regard to the nature and complexity of the action required); and
c: state that, if the Qualifications Authority's concerns are not addressed within the specified time, the Qualifications Authority may issue a compliance notice under section 11D
d: specify the possible consequences of a failure to comply with a compliance notice. Section 11C inserted 23 April 2014 section 15 Industry Training and Apprenticeships Amendment Act 2014
11D: Qualifications Authority may issue compliance notice
1: The Qualifications Authority may issue a compliance notice to an industry training organisation requiring the organisation to do 1 or both of the following things:
a: to do, or to refrain from doing, a particular thing in relation to a prescribed quality assurance requirement:
b: to address any concerns set out in a quality assurance improvement notice issued under section 11C
2: Section 255(3) to (6)
3: If an industry training organisation fails to comply with a notice issued under subsection (1), the Qualifications Authority may recommend to the Minister that the Minister do 1 or both of the following things:
a: issue a notice in accordance with section 9(3B)
b: impose a new condition of recognition, or amend an existing condition, under section 5(5)﻿(b)
4: A compliance notice may be issued to an industry training organisation whether or not a quality assurance improvement notice has been issued under section 11C
5: Nothing in this section limits the power of the Qualifications Authority to issue a compliance notice to an industry training organisation in accordance with section 255 Section 11D inserted 23 April 2014 section 15 Industry Training and Apprenticeships Amendment Act 2014
11E: Industry training organisations not to operate registered private training establishments
1: An industry training organisation must not operate or hold any interest in a registered private training establishment.
2: Despite subsection (1), during the 12 months after the date on which this section comes into force, no action may be taken under section 9
a: before the commencement of this section, the organisation operated or held an interest in a registered private training establishment; and
b: the organisation continues to operate, or continues to hold the same interest in, the registered private training establishment.
3: In this section, registered private training establishment Part 18 Section 11E inserted 23 April 2014 section 15 Industry Training and Apprenticeships Amendment Act 2014
11F: Annual fee
1: Every industry training organisation must pay to the Qualifications Authority an annual fee prescribed by or determined under rules made under section 253(1)﻿(ga)
2: The annual fee may recover no more than the reasonable costs, excluding those costs that are recoverable through fees charged under section 254
a: prescribing quality assurance requirements under section 253(1)﻿(gb)
b: monitoring compliance, and addressing non-compliance, with those requirements in accordance with its function under section 13A(a)
c: issuing quality assurance improvement notices under section 11C
3: The fee is—
a: payable by the due date prescribed in the rules; and
b: recoverable as a debt due to the Qualifications Authority. Section 11F inserted 23 April 2014 section 15 Industry Training and Apprenticeships Amendment Act 2014
12: Commission Section 12 repealed 1 January 2004 section 13 Industry Training Amendment Act 2002 Functions of Commission and Qualifications Authority Heading inserted 23 April 2014 section 16 Industry Training and Apprenticeships Amendment Act 2014
13: Additional functions of Commission
In addition to the functions given to the Commission by or under enactments other than this Act, the Commission has the following functions:
a: to increase the availability within industry of high-quality industry training that is linked to qualifications:
b: to promote the availability of industry training that is linked to qualifications to people of a kind or description specified in the Commission’s statement of intent as people to whom such training has not traditionally been available (whether within a particular industry or industries, or generally):
c: to administer and disburse public money appropriated by Parliament for the purpose of industry training:
d: to develop and recommend to the Minister an apprenticeship training code for the purposes described in section 13F(1)
e: to make the apprenticeship training code available, in accordance with section 13G
f: to monitor the performance of persons carrying out apprenticeship training activities (whether via a plan or under a funding agreement) to ensure that they comply with the apprenticeship training code:
g: to exercise the powers and perform the functions of the Commission under Part 5 Section 13 replaced 23 April 2014 section 16 Industry Training and Apprenticeships Amendment Act 2014
13A: Additional functions of Qualifications Authority
In addition to the functions given to the Qualifications Authority by or under enactments other than this Act, the Qualifications Authority has the following functions:
a: to monitor, through the exercise of its powers under this Act, compliance by industry training organisations with the prescribed quality assurance requirements, and to address non-compliance:
b: to monitor the quality and results of an industry training organisation's system and procedures for the moderation of vocational training. Section 13A inserted 23 April 2014 section 16 Industry Training and Apprenticeships Amendment Act 2014
13B: Qualifications Authority may prescribe quality assurance requirements
1: Rules made under section 253(1)﻿(gb)
a: the quality of the management, operation, and governance of industry training organisations; and
b: the quality of the skill standards developed and maintained by industry training organisations; and
c: the quality of the arrangements made by industry training organisations for the delivery of industry training (including apprenticeship training); and
d: the ability of industry training organisations to acquire, and to maintain,—
i: Qualifications Authority approval for programmes or training schemes for the specified industry; and
ii: Qualifications Authority consent, under section 252
2: Rules made under section 253(1)﻿(gb) Section 13B inserted 23 April 2014 section 16 Industry Training and Apprenticeships Amendment Act 2014
2A: Apprenticeship training
Part 2A inserted 23 April 2014 section 17 Industry Training and Apprenticeships Amendment Act 2014
13C: Apprenticeship training defined
For the purposes of this Act, apprenticeship training
a: is provided for a person who is working in an industry while undertaking training in that industry; and
b: is provided wholly or partly at the person's workplace, mainly by or on behalf of the person's employer; and
c: consists of a programme of study or training, or both, leading to a qualification in the skills of an industry that provides entry into an occupation in that industry; and
d: is facilitated by—
i: an industry training organisation that receives funding via a plan; or
ii: a person that receives funding under a funding agreement. Section 13C inserted 23 April 2014 section 17 Industry Training and Apprenticeships Amendment Act 2014
13D: Apprenticeship training activities must be included in proposed plan
1: An industry training organisation that seeks funding for apprenticeship training activities via a plan must specify in its proposed plan how it intends to carry out each of those activities (described in subsection (2)).
2: The apprenticeship training activities are—
a: to promote apprenticeship training generally through the provision of information, guidance, and advice to employers and prospective apprentices on the benefits of an apprenticeship:
b: to identify—
i: prospective apprentices; and
ii: employers able to offer apprenticeship training:
c: to arrange training or employment that may lead to apprenticeship training for prospective apprentices:
d: to help prospective apprentices enter into apprenticeship training agreements:
e: to produce, and facilitate (in consultation with an apprentice and the apprentice's employer) the implementation of, individual training plans consistent with an apprentice's apprenticeship training agreement:
f: to monitor individual apprentices to ensure that their apprenticeship training leads them to attain, within a reasonable time, the level of skills necessary to complete a qualification in the skills of the specified industry:
g: to ensure, as far as is reasonably practicable, that apprenticeship training, and every apprenticeship training agreement, within the specified industry is consistent with any apprenticeship training code:
h: to provide or procure appropriate pastoral care and support for apprentices, having regard to the age and experience of the apprentice and the contents of any apprenticeship training code. 2000 No 94 ss 15(1), 16(1) Section 13D inserted 23 April 2014 section 17 Industry Training and Apprenticeships Amendment Act 2014
13E: Obligations of persons carrying out apprenticeship training activities
1: Persons carrying out apprenticeship training activities (whether via a plan or under a funding agreement) must,—
a: in performing any apprenticeship training activity described in section 13D(2)
b: before helping a person under the age of 18 years to enter into an apprenticeship training agreement, advise that person to seek advice about the agreement from an independent person (for example, a parent, guardian, caregiver, or lawyer).
2: If an industry training organisation becomes aware that it is impractical for an apprentice under the organisation's care to continue his or her training with his or her current employer, the industry training organisation must make reasonable endeavours to find a new employer with whom the apprentice can complete his or her training. 2000 No 94 ss 15(2) 17(a) Section 13E inserted 23 April 2014 section 17 Industry Training and Apprenticeships Amendment Act 2014 Apprenticeship training code Heading inserted 23 April 2014 section 17 Industry Training and Apprenticeships Amendment Act 2014
13F: Minister may issue apprenticeship training code
1: The Minister may, by notice in the Gazette
a: is consistent with this Act; and
b: sets out the responsibilities of apprentices, their employers, and persons carrying out apprenticeship training activities under this Act.
2: The apprenticeship training code may, but need not, be a code recommended by the Commission.
3: Before issuing an apprenticeship training code, the Minister may consult any persons or organisations that the Minister considers appropriate.
4: The Gazette subsection (1)
a: specify the date on which the apprenticeship training code comes into force (which must be at least 28 days after the date on which the notice is published); and
b: either—
i: set out the apprenticeship training code in full; or
ii: give enough information to identify the code and state where copies of the code may be obtained. Section 13F inserted 23 April 2014 section 17 Industry Training and Apprenticeships Amendment Act 2014
13G: Availability of apprenticeship training code
The Commission must make any apprenticeship training code available—
a: at every office of the Commission, free of charge; and
b: on the Commission's Internet site in a format that is readily accessible. 2000 No 94 s 27 Section 13G inserted 23 April 2014 section 17 Industry Training and Apprenticeships Amendment Act 2014
13H: Apprenticeship training code to be taken into account by mediation personnel, Employment Relations Authority, and Employment Court
In exercising or performing, in relation to a matter concerning an apprentice, any power or function under the Employment Relations Act 2000
a: a person providing mediation services under that Act:
b: the Employment Relations Authority:
c: the Employment Court. 2000 No 94 s 7 Section 13H inserted 23 April 2014 section 17 Industry Training and Apprenticeships Amendment Act 2014
13I: Application of Legislation Act 2012 to apprenticeship training code
An apprenticeship training code is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 section 41 2000 No 94 s 29 Section 13I inserted 23 April 2014 section 17 Industry Training and Apprenticeships Amendment Act 2014
3: Technicians Training Act 1967 and Apprenticeship Act 1983
Part 3 repealed 23 April 2014 section 18 Industry Training and Apprenticeships Amendment Act 2014
14: Technicians Training Act 1967 and Apprenticeship Act 1983 repealed
Section 14 repealed 23 April 2014 section 18 Industry Training and Apprenticeships Amendment Act 2014
15: Transitional
Section 15 repealed 23 April 2014 section 18 Industry Training and Apprenticeships Amendment Act 2014
16: Certain repealed provisions deemed to form part of existing contracts
Section 16 repealed 23 April 2014 section 18 Industry Training and Apprenticeships Amendment Act 2014
17: Powers of
Commission Section 17 repealed 23 April 2014 section 18 Industry Training and Apprenticeships Amendment Act 2014
18: Powers of
Commission Section 18 repealed 23 April 2014 section 18 Industry Training and Apprenticeships Amendment Act 2014
19: Consequential amendment
Section 19 repealed 23 April 2014 section 18 Industry Training and Apprenticeships Amendment Act 2014
4: Industrial Training Levies Act 1978 and Vocational Training Act 1982
Part 4 repealed 1 January 2003 section 18 Industry Training Amendment Act 2002
20: Commencement of provisions deferred for 2 years
Section 20 repealed 1 January 2003 section 18 Industry Training Amendment Act 2002
21: Repeals
Section 21 repealed 1 January 2003 section 18 Industry Training Amendment Act 2002
22: Industry training boards dissolved
Section 22 repealed 1 January 2003 section 18 Industry Training Amendment Act 2002
23: Employers may be levied to meet shortfall in assets of dissolved board
Section 23 repealed 1 January 2003 section 18 Industry Training Amendment Act 2002
5: Training levies
Part 5 added 1 January 2003 section 16 Industry Training Amendment Act 2002
24: Purpose
The purpose of this Part is to enable the making of Orders in Council imposing a training levy on the members of an industry, payable to an industry training organisation, if there is sufficient support for the imposition of that levy following a ballot of those members. Section 24 added 1 January 2003 section 16 Industry Training Amendment Act 2002
25: Interpretation
For the purposes of this Part,— ballot section 27(1)﻿(a) closing date section 36(b) levy group member of an industry qualifying member section 40 relevant industry Section 25 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Imposition of levy Heading added 1 January 2003 section 16 Industry Training Amendment Act 2002
26: Governor-General may impose levy
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, impose a levy on qualifying members of a levy group, payable to an industry training organisation.
2: The Minister must not recommend the making of an Order in Council under subsection (1) unless the Minister is satisfied of the matters in section 27
3: Under a levy order under subsection (1), a levy may be payable to—
a: 1 industry training organisation by all qualifying members of the industry that is covered by that organisation; or
b: 1 industry training organisation by all qualifying members of a specific industry that is within the range of industries covered by that industry training organisation; or
c: more than 1 industry training organisation, jointly, by all qualifying members of an industry that is covered by those industry training organisations.
4: A levy order is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 section 41 Section 26 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Section 26(4) replaced 5 August 2013 section 77(3) Legislation Act 2012
27: Restrictions on making of levy orders
1: The Minister must not recommend the making of a levy order unless he or she is satisfied that—
a: the industry training organisation to which the levy will be payable has, within the previous 12 months, balloted all known members of the levy group, in accordance with sections 31 to 38
b: at least 60% of the ballot papers distributed were validly completed and returned to the independent returning officer conducting the ballot, before the closing date; and
c: out of those ballot papers validly completed and returned,—
i: more than 60% of the total supported the imposition of the levy; and
ii: more than 60%, weighted according to the size of the industry member that returned the ballot paper (calculated at the date that the ballot closed and on the same basis as the levy is proposed to be charged, as set out in the ballot paper), supported the imposition of the levy; and
d: the details specified in the order do not differ in any material way from those specified in the ballot paper; and
e: the details specified in the order are acceptable to the Minister; and
f: the industry training organisation has or will have in place adequate systems for accounting to qualifying members of the levy group for the expenditure of levy funds; and
g: all other relevant matters known to the Minister have been properly considered.
2: When considering the matters in subsection (1), the Minister must consult with the Commission and may consult with any other persons the Minister considers appropriate. Section 27 added 1 January 2003 section 16 Industry Training Amendment Act 2002
28: Matters to be specified in levy orders
Every levy order must specify the matters set out in Schedule 4 Section 28 added 1 January 2003 section 16 Industry Training Amendment Act 2002
29: Purposes for which levy may be required
1: A levy order must specify the purposes for which levy funds are to be used.
2: A levy order may also specify any purpose or purposes for which no amount of levy may be used.
3: In specifying how levy funds are to be used, a levy order may specify 1 or more purposes that will benefit the levy group as a whole and that are related to meeting the costs (including infrastructure and administration costs) associated with developing and maintaining skill standards for the specified industry.
4: No levy order may specify a purpose for which levy funds may be used that is related to—
a: meeting the costs of arranging delivery of industry training; or
b: undertaking any commercial or trading activity; or
c: any matter that directly benefits 1 or more individual members of the levy group, as opposed to generally benefiting the relevant industry as a whole.
5: Nothing in subsection (4)﻿(b) prevents an industry training organisation from—
a: using any part of a levy to publish or sell any educational, informative, or promotional material (whether or not at a profit); or
b: investing any part of a levy pending its expenditure. Section 29 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Section 29(3) replaced 23 April 2014 section 19 Industry Training and Apprenticeships Amendment Act 2014
30: Levy order may require provision of information
A levy order may require qualifying members of the levy group to provide information to the industry training organisation, or some other person or body, for the purpose of enabling or assisting the determination of the amount of levy payable. Section 30 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Ballots Heading added 1 January 2003 section 16 Industry Training Amendment Act 2002
31: Independent returning officer must conduct ballot
A ballot must be conducted by an independent returning officer appointed by the industry training organisation and approved by the Minister. Section 31 added 1 January 2003 section 16 Industry Training Amendment Act 2002
32: Industry training organisation must identify potential members of levy group
1: An industry training organisation that proposes to impose a levy must take reasonable steps to ensure that it identifies all potential members of the levy group, including—
a: obtaining from that organisation’s records, and from records that may be available from other organisations, information that is able to be used to identify potential members; and
b: giving adequate notice of the ballot in public newspapers and industry-specific publications, and inviting members of the relevant industry to register to receive information about the ballot and ballot papers.
2: After satisfying the requirements of subsection (1), the industry training organisation must provide to the independent returning officer who is administering the ballot a list of all potential members of the levy group of whom it is aware. Section 32 added 1 January 2003 section 16 Industry Training Amendment Act 2002
33: Returning officer must notify potential members of levy group
1: The returning officer must give notice of the ballot to—
a: every person named on the list of potential members of the levy group provided by the industry training organisation under section 32(2)
b: any other person whom the independent returning officer considers may be a member of the levy group.
2: The notice under subsection (1) must advise the person about the ballot and must state—
a: the description of the industry that is intended to be covered by the proposed levy order; and
b: that the returning officer considers that the person is or may be a member of that industry; and
c: that membership of the industry means that the person—
i: is entitled to participate in the ballot; and
ii: will be required to pay the levy if there is sufficient support for it in the ballot and the levy order is made; and
d: that the person must notify the returning officer if the person disputes that he or she or it is a member of the industry intended to be covered by the proposed levy order (a coverage dispute
e: the date by which that notification of a coverage dispute must be received. Section 33 added 1 January 2003 section 16 Industry Training Amendment Act 2002
34: Commission resolves coverage disputes
If the returning officer is notified by a person under section 33(2)﻿(d) section 49 Section 34 added 1 January 2003 section 16 Industry Training Amendment Act 2002
35: Population to be balloted
As soon as practicable after all coverage disputes have been finally determined (including any appeals under section 50(2) Section 35 added 1 January 2003 section 16 Industry Training Amendment Act 2002
36: Requirements of ballot papers
A ballot paper must state—
a: the address to which ballot papers must be returned; and
b: the date by which ballot papers must be returned; and
c: full information on the nature of the levy power being sought, including all the matters listed in Schedule 4 Section 36 added 1 January 2003 section 16 Industry Training Amendment Act 2002
37: Returning officer must count votes
The returning officer must collect all validly completed ballot papers received by him or her at the closing date and calculate—
a: the proportion of the total number of ballot papers distributed by him or her under section 35
b: the proportion of the validly completed ballot papers received by him or her at the closing date that are in favour of the proposal to impose the levy; and
c: the proportion of the validly completed ballot papers received by him or her at the closing date that are in favour of the proposal to impose the levy if the votes are weighted according to the size of the member of the industry that returned the ballot paper (calculated at the date that the ballot closed and on the same basis as the levy is proposed to be charged as set out in the ballot paper). Section 37 added 1 January 2003 section 16 Industry Training Amendment Act 2002
38: Returning officer must keep ballot papers, etc
The returning officer must take all reasonable steps to ensure that all ballot papers, envelopes, lists, and other documents used in connection with a ballot conducted under this Part are preserved and kept for a period of 1 year after the completion of the ballot. Section 38 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Collection of levy Heading added 1 January 2003 section 16 Industry Training Amendment Act 2002
39: Levy is payable by qualifying members to industry training organisation
If a levy order is made, the levy specified in the order is payable by every qualifying member of the levy group to the industry training organisation or organisations named in the levy order. Section 39 added 1 January 2003 section 16 Industry Training Amendment Act 2002
40: Certificate of exemption
1: The chief executive of the Commission may issue a certificate of exemption from payment of a levy to a member of the relevant industry who—
a: was a member of the industry at the time of the ballot held in relation to that levy; and
b: was, through no fault or neglect on that person’s part, not included in the ballot.
2: The chief executive may revoke a certificate of exemption if—
a: the person to whom it has been issued agrees; or
b: it was issued in error. Section 40 added 1 January 2003 section 16 Industry Training Amendment Act 2002
41: Method of collecting levy
1: An industry training organisation may collect levies directly from qualifying members of the levy group or by using a collection agent specified in the levy order in accordance with section 42
2: An industry training organisation may recover levies due from any qualifying member of the levy group—
a: by deducting the amount due from any amount the organisation owes that qualifying member; or
b: as a debt due to the organisation in any court of competent jurisdiction. Section 41 added 1 January 2003 section 16 Industry Training Amendment Act 2002
42: Levy order may provide for collection by agent
1: A levy order may specify persons, other than the persons who are primarily responsible for paying the levy, who must collect levy money due from qualifying members and pay it to the industry training organisation.
2: If a levy order specifies a person who must act as a collection agent under subsection (1), the levy order must also specify an amount from, or a percentage of, the levy money collected that the person may retain as a fee for providing the collection service. Section 42 added 1 January 2003 section 16 Industry Training Amendment Act 2002
43: Collection of levy if person switches industry training organisation
1: A person who is a qualifying member of an industry must continue to pay any levy that is payable to the industry training organisation or organisations that cover members of that industry (the original organisation section 10A new organisation
2: If a person must pay a levy to its original organisation under subsection (1),—
a: the person does not have to pay a levy to the new organisation as a result only of the new organisation managing the person’s training; but
b: if the person was obliged to pay a levy to the new organisation before the employer’s application was granted, the employer must continue to pay the levy. Section 43 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Section 43(1) amended 1 January 2004 section 17 Industry Training Amendment Act 2002 Duties of industry training organisations and others in relation to levies Heading added 1 January 2003 section 16 Industry Training Amendment Act 2002
44: Levy funds must be kept in separate bank accounts and used only for authorised purposes
1: An industry training organisation that receives a levy under a levy order must open 1 or more bank accounts for the purpose of the levy and must use the account or those accounts for the following purposes only:
a: the deposit of amounts of levy paid or recovered; and
b: making payments out of levy funds.
2: Only people expressly authorised by the organisation may operate the account or those accounts.
3: No money may be paid out of the account or those accounts except for a purpose authorised in the levy order. Section 44 added 1 January 2003 section 16 Industry Training Amendment Act 2002
45: Duty to keep records
An industry training organisation that receives a levy must ensure that accurate and up-to-date records are kept of—
a: the names of all members of the levy group from whom the levy has been collected or recovered; and
b: the amount of the levy collected or recovered from those members; and
c: the names of all members of the levy group who are or may be liable to pay the levy but have not done so; and
d: the use to which the levy funds have been put. Section 45 added 1 January 2003 section 16 Industry Training Amendment Act 2002
46: Duty to provide annual report
1: As soon as is practicable after the end of a financial year during which a levy has been paid to an industry training organisation under a levy order, the organisation—
a: must prepare, in respect of that year, financial statements in accordance with generally accepted accounting practice (within the meaning of section 8 Financial Reporting Act 2013
b: must include in the financial statements required by paragraph (a) all the necessary information to explain—
i: the balance of the levy fund; and
ii: the movements in the levy fund over the course of the year, including receipts of money collected and payments of money made under the levy order; and
iii: the use of assets acquired or built up with or out of money received under the levy order.
2: The organisation must ensure that the financial statements prepared under subsection (1) are audited within 90 days of the end of that financial year.
3: Financial statements prepared under subsection (1) must be included in the organisation’s annual report for that year.
4: An industry training organisation that is required by subsection (3) to include financial statements in its annual report must, as soon as that report has been completed, give a copy to the Minister, and the Minister must present a copy to the House of Representatives not later than 6 sitting days after receiving it.
5: Despite subsection (4), if an enactment other than this Act requires an industry training organisation to give a Minister a copy of its annual report and requires the Minister to present a copy to the House of Representatives, that organisation must, to the extent that the enactment and subsection (4) impose different requirements, comply with the enactment and not with subsection (4).
6: An industry training organisation that is required by subsection (3) to include financial statements in its annual report must take all reasonable steps to ensure that every person primarily liable for paying the levy that is reflected in those financial statements receives a copy of the annual report as soon as is reasonably practicable after the report has been completed. Section 46 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Section 46(1)﻿(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
47: Duty to protect commercially sensitive information
Every person who receives commercially sensitive information for the purposes of carrying out a function or activity under this Part, or under a levy order, must take reasonable steps to protect that information. Section 47 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Disputes Heading added 1 January 2003 section 16 Industry Training Amendment Act 2002
48: Arbitration or mediation system must be established
1: An industry training organisation that receives a levy under a levy order must establish a method of arbitration or mediation in the case of disputes as to—
a: whether a person was included in the ballot relating to that levy; and
b: whether a person has paid the levy; and
c: the amount of levy payable; and
d: any other matter relating to the levy, except disputes about whether a person is within the levy group.
2: Details of the arbitration or mediation system must be specified in the levy order, including—
a: the method of appointment of arbitrators or mediators; and
b: the procedures to be followed by arbitrators or mediators; and
c: the remuneration of arbitrators or mediators; and
d: the payment of costs in relation to arbitration or mediation; and
e: any other matters relating to the resolution of disputes. Section 48 added 1 January 2003 section 16 Industry Training Amendment Act 2002
49: Disputes about coverage
1: If there is a dispute about whether a person is within a levy group, whether before or after the ballot, the dispute must be referred to the Commission, which must determine the matter.
2: The industry training organisation that is proposing to impose a levy or, if a levy order has been made, that is responsible for administering the levy must pay the reasonable costs of the Commission for determining disputes. Section 49 added 1 January 2003 section 16 Industry Training Amendment Act 2002
50: Appeals to District Court
1: If a dispute is unresolved following arbitration or mediation in accordance with the method specified in the levy order, or if a party wishes to appeal a decision of an arbitrator or mediator, the dispute may be referred, or the decision may be appealed, to the District Court
2: A determination by the Commission under section 49
3: An appeal under subsection (2) may be made to the District Court Section 50 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Section 50(1) amended 1 March 2017 section 261 District Court Act 2016 Section 50(3) amended 1 March 2017 section 261 District Court Act 2016 Confirmation and expiry of orders Heading added 1 January 2003 section 16 Industry Training Amendment Act 2002
51: Orders
are confirmable instruments
1: The explanatory note of a levy order made under section 26(1)
a: it is a confirmable instrument under section 47B
b: it is revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)﻿(a) or (b)
2:
3:
4:
5: The Minister on whose recommendation a levy order was made must, by notice published in the Gazette the time at which the order may be revoked by section 47C(1)﻿(a) or (b)
a: revoked; or
b: disallowed under Part 3 Legislation Act 2012
c: confirmed by an Act of Parliament. Section 51 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Section 51 heading amended 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 51(1) replaced 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 51(2) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 51(3) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 51(4) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 51(5) amended 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 51(5)﻿(b) amended 5 August 2013 section 77(3) Legislation Act 2012
52: Expiry of levy orders
1: A levy order expires 5 years after the day on which it was made unless it is sooner—
a: revoked; or
b: disallowed under Part 3 Legislation Act 2012
2: A levy order is deemed to be revoked if the industry training organisation responsible for administering the levy ceases to be recognised. Section 52 added 1 January 2003 section 16 Industry Training Amendment Act 2002 Section 52(1)﻿(b) amended 5 August 2013 section 77(3) Legislation Act 2012 Savings and transitional provisions Heading inserted 23 April 2014 section 21 Industry Training and Apprenticeships Amendment Act 2014
53: Savings and transitional provisions relating to amendments to this Act
The savings and transitional provisions set out in Schedule 1AA Section 53 inserted 23 April 2014 section 21 Industry Training and Apprenticeships Amendment Act 2014