South Australian Skills Act 2008 (SA)

South Australia South Australian Skills Act 2008 An Act relating to apprenticeships, traineeships, vocational education and training, adult community education, and education services for overseas students; to establish the South Australian Skills Commission; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Declarations relating to universities and higher education 6 Declarations of trades and declared vocations 6A Interaction with other Acts and awards etc Part 2—Role of Minister 7 Functions of Minister 8 Delegation by Minister Part 3—South Australian Skills Commission Division 1—South Australian Skills Commissioner 9 South Australian Skills Commissioner 10 Term of office and conditions of appointment 11 Remuneration 12 Acting Commissioner 13 Functions of Commissioner 14 Reporting obligations Division 2—South Australian Skills Commission 15 South Australian Skills Commission 16 Terms and conditions of membership 17 Remuneration 18 Procedures of Commission 19 Functions of Commission 20 Delegation 21 Committees 22 Validity of acts 23 Staff 24 Use of staff etc of Public Service 25 Conflict of interest under Public Sector (Honesty and Accountability) Act Division 3—South Australian Skills Standards 26 Commission to prepare South Australian Skills Standards Part 4—Apprenticeships, traineeships and training contracts Division 1—Interpretation 45 Interpretation Division 1A—Certain training to occur under training contract 45A Training in trade must occur under training contract 45B Training in declared vocation may occur under training contract Division 2—Training contracts 46 Training contracts 47 Minister may enter training contracts 48 Training contracts to be approved by Commission 48A Transfer of training contracts between jurisdictions 49 Commencement date of apprenticeship or traineeship and term of training contracts 49A Extension of probationary period 50 Commission may vary hours under training contract 51 Commission may suspend training contract 51A Termination of training contract during probationary period 51B Commission may terminate training contract 51C Offence to terminate etc training contract 52 Commission may require dispute resolution between parties to certain applications 53 Effect of time spent training on employment of apprentice or trainee 54 Termination/expiry of training contract and pre‑existing employment Division 3—Prohibited employers 54B Prohibited employers 54C Revocation of declaration 54D Offence for prohibited employer to employ etc apprentice or trainee 54E Offence to make certain false representations relating to prohibited employers Division 3A—Provisions relating to employers 54F Registration of employers 54G Variation, suspension and cancellation of registration of employer 54H Substitution of employer under training contract following cancellation, suspension or variation of registration 54I Offence to make certain false representations relating to registration 54J Employer's obligations under training contract 54K Employer to notify Commission of certain matters 54L Making and retention of records Division 3B—Provisions relating to apprentices and trainees 54M Obligations of apprentices and trainees under training contracts Division 3C—Substitution of employer under training contract and transfer fees 54MA Transfer of training contract where change of ownership of business 54N Commission may approve substitution of employer under training contract 54O Transfer fee payable in relation to certain substitutions of employer in relation to training contract Division 3D—Provisions relating to nominated training organisations and training plans 54P Nomination of training organisation for apprentice or trainee 54Q Training plans 54R Obligations of nominated training organisations 54S Nominated training organisation to notify Commission of certain matters 54T Substitution of nominated training organisation 54U Making and retention of records 54V Offences by nominated training organisations 54W Commission may notify certain bodies where contravention of Act Division 4—Compliance notices, misconduct, disputes and grievances 63 Compliance notices 64 Employer may suspend apprentice or trainee for serious misconduct 65 Other matters to be dealt with by SAET 66 Holding of compulsory conciliation conferences 67 Representation in proceedings before SAET Part 4A—Recognition of other trade training etc 70A Application for recognition of other trade qualifications etc 70B Commission may determine person adequately trained Part 4B—Additional powers of Commission etc 70C Commission may require information 70D Sharing of information between certain persons and bodies 70E Other powers of Commission and authorised persons Part 4C—Review of certain decisions by South Australian Civil and Administrative Tribunal 70F Review of decisions by Tribunal 70G Offence to exert undue influence etc in relation to training contracts and training plans Part 5—Miscellaneous 71 South Australian Skills Register 72A Confidentiality 73 Commission may correct certain mistakes 75 False or misleading information 75A Imputation of conduct or state of mind of officer etc 75B Offences by bodies corporate and employees 76 Evidentiary provision 77 Gazette notices may be varied or revoked 78 Service 79 Regulations Schedule 2—Transitional provisions Part 4—Transitional provisions 11 Transitional provisions Legislative history