Training and Workforce Development Act 2013 (Tas)

Training and Workforce Development Act 2013

An Act to provide for the administration of a system of training and workforce development and for related purposes [Royal Assent 13 June 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Training and Workforce Development Act 2013 .

2. Commencement This Act commences on 1 July 2013.

3. Object of Act (1) The object of this Act is to establish a system of training and workforce development that supports a skilled and productive workforce and contributes to economic and social progress in Tasmania. (2) The system of training and workforce development consists of the following areas: (a) vocational education and training, including Tasmania's traineeship and apprenticeship system; (b) other training, or skills, and workforce development; (c) foundations skills. (3) The object is mainly achieved by – (a) providing funding for training that is responsive to the needs of employers, industry and the community; and (b) providing opportunities for individuals to acquire skills and qualifications; and (c) . . . . . . . . (d) administering Tasmania's traineeship and apprenticeship system.

4. Interpretation (1) In this Act – Agency has the same meaning as in the State Service Act 2000 ; amend means – (a) omit any matter; or (b) insert or add any matter; or (c) omit any matter and substitute other matter; apprentice means an employee who is described as an apprentice and is a party to a training contract that provides for the employee to undergo training leading to a qualification under the Australian Qualifications Framework; Australian Qualifications Framework means the national policy of that name for accredited qualifications in Australian education and training (including addenda to that policy added from time to time) that – (a) defines qualifications recognised nationally in education and training undertaken within Australia; and (b) is endorsed and published by the Australian Qualifications Framework Council; and (c) took effect on 1 July 2011 – as amended or substituted from time to time; Australian Qualifications Framework Council means the council – (a) established under the authority of the National Ministerial Council responsible for education, training and employment; and (b) that has responsibilities for the Australian Qualifications Framework; dispute means a dispute relating to the terms, conditions or operation of a training contract or a vocational placement agreement; employer includes, if appropriate, a group training organisation; foundation skills means skills in the English language, literacy and numeracy together with skills required for participation in modern workplaces and contemporary life; group training organisation means a person or organisation whose business includes employing trainees or apprentices, or both, under training contracts and placing those trainees or apprentices with host employers; higher education means education in relation to which a higher education award, within the meaning of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, may be issued; host employer means an employer that, under a written agreement with a group training organisation, trains trainees or apprentices, or both, employed by that group training organisation under a training contract entered into by that group training organisation, regardless of whether that training takes place in Tasmania or elsewhere; listable group training organisation has the meaning given by section 10 ; listed group training organisation means a group training organisation that is listed in the Register of Listed Group Training Organisations maintained under section 16 ; Ministerial Council means a council that comprises the Ministers for each State and Territory and the Commonwealth who have responsibility for tertiary education and skills; person includes – (a) a State school, or a registered school, as defined in the Education Act 2016 ; and (b) a group of such State schools or registered schools, or both; and (c) a department, as defined in the Administrative Arrangements Act 1990 , or part of such a department; qualification has the same meaning as in the Australian Qualifications Framework; registered training organisation means a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; Register of Listed Group Training Organisations means the Register of Listed Group Training Organisations maintained under section 16 ; regulations means regulations made and in force under section 93 ; Secretary means the Secretary of the Department; TasTAFE means TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 ; trainee means an employee who, whether described as a trainee or otherwise, is a party to a training contract that provides for the employee to undergo training leading to a qualification, but does not include an employee described as an apprentice; training contract means a contract between an employer and another person entered into under section 30 ; Training Contracts Register means the register maintained under section 41 ; TTAC means the Tasmanian Traineeships and Apprenticeships Committee established under section 17 ; TTAC guidelines means guidelines issued by the TTAC, and in force, under section 21 ; vocational education and training means the vocational education and training, and attainment of associated qualifications or statements of attainment, under level 1, 2, 3, 4, 5 and 6 of the Australian Qualifications Framework; vocational placement means a placement that provides paid or unpaid employment, for a period of less than 240 hours in a 12-month period, at a work place as part of training leading to a qualification; workforce development means building the capacity of enterprises to develop and use the skills of their workforces to maximum advantage for the benefit of the enterprises, industry and the community. (2) For the purposes of this Act, if a group training organisation enters into a training contract – (a) that group training organisation is taken to be the employer of the trainee or apprentice who is the other party to the training contract; and (b) training provided to the trainee or apprentice by a host employer is taken to have been provided by that group training organisation.