5 (1) Nothing in this Act shall be read as applying in relation to any matter with respect to which a federal award applies.
6 (1) In this Act, unless the contrary intention appears—“Administrative Appeals Tribunal” means the Australian Capital Territory Administrative Appeals Tribunal; “apprentice” means a person whom an employer has undertaken to train under a contract of training in a trade; “appropriate form” means a form in writing approved by the Chief Executive for the purposes of the provision in which the expression occurs; “approved training program” means a training program determined by the Authority under section 40; “Authority” means the Vocational Training Authority established by section 7; “certificate of recognition” means a certificate issued under section 89; “Chief Executive” means the Chief Executive of the Authority appointed under section 24; “commencement date” means the date of commencement of this Act; “contract of training” means a contract in writing—
PART II--VOCATIONAL TRAINING AUTHORITY
7 There is established by this section an authority by the name of the Vocational Training Authority.
9 (1) The exercise of a power by the Authority shall be by resolution.
10 (1) The Minister may, in writing, give the Authority directions in relation to the policy the Authority is to pursue in connection with the exercise of its powers or the performance of its functions.
11 (1) The Authority may, either generally or as otherwise provided by resolution, delegate to—
12 (1) The Authority shall furnish to the Minister for presentation to the Legislative Assembly a report relating to the activities of the Authority during each financial year.
14 (1) A member of the Authority other than the Director of the Institute—
15 The Minister shall, in writing, appoint one of the members referred to in paragraph 13 (d) to be the Chairperson of the Authority.
16 (1) An appointed member of the Authority shall be paid such remuneration and allowances as are prescribed.
17 (1) The Minister may grant leave of absence to the Chairperson of the Authority on such terms and conditions as to remuneration or otherwise as the Minister determines.
18 (1) A member of the Authority who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Authority shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Authority.
19 An appointed member of the Authority may resign his or her office by writing signed by the member and delivered to the Minister.
20 (1) The Minister may terminate the appointment of a member of the Authority for misbehaviour or physical or mental incapacity.
21 (1) The Minister may appoint a person to act as the Chairperson of the Authority—
22 (1) The Chairperson of the Authority shall convene such meetings of the Authority as the Chairperson considers necessary for the efficient performance of its functions.
23 (1) The Chairperson shall preside at all meetings of the Authority at which the Chairperson is present.
24 (1) There shall be a Chief Executive of the Authority who shall be appointed in writing by the Head of Administration.
25 The Authority may arrange with the Head of Administration for the services of public servants to be made available to assist the Authority.
26 (1) The Chief Executive may, in writing, appoint—
27 The Chief Executive shall issue to each inspector an identity card that specifies the name and appointment of the inspector and on which appears a recent photograph of the inspector.
28 A person appointed to be an inspector shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive upon ceasing to be an inspector.
31 (1) Subject to any determination under subsection (2), a committee established under section 29 may determine the procedure to be followed in relation to its meetings.
32 (1) A committee established under section 29 shall consist of such persons as are appointed by the Authority.
33 (1) Subject to subsection (2), a member of a committee established under section 29 is not entitled to be paid in respect of the performance of the member's duties or functions.
34 There is established by this section a committee of the Authority by the name of the Grievances Committee.
36 The Chairperson of the Authority shall be the Chairperson of the Grievances Committee.
37 (1) The Grievances Committee shall hold such meetings as are necessary for the performance of its functions.
38 An action (other than an action in negligence) or other proceeding, civil or criminal, does not lie against a member of the Grievances Committee for or in relation to any act or thing done in good faith in his or her capacity as a member.
39 (1) Where the Grievances Committee has commenced an inquiry under section 63 or 65 but before the inquiry has been completed an appointed member—
PART IV--TRAINING IN PRESCRIBED VOCATIONS
40 (1) The Authority may determine that a specified training program shall be the approved training program in relation to a prescribed vocation.
41 (1) For the purposes of this Act but subject to subsection 42 (2), a person shall not be taken to have commenced an approved training program under a contract of training unless the Authority has approved the undertaking of that program by that person under that contract.
42 (1) The Authority may, upon application, determine that all or part of a period of training undertaken by the applicant in accordance with—
43 (1) The Authority may, upon application, determine that the period of an approved training program to be undertaken by the applicant shall be a specified period other than the period determined under section 40 in respect of that program.
44 An application referred to in section 41, 42 or 43 shall be—
45 (1) An employer shall not train an employee for the purpose of enabling that employee to become qualified in a prescribed vocation except pursuant to a contract of training.
46 (1) Subject to section 47, the Authority shall, in writing, determine the terms that contracts of training shall contain.
48 (1) A variation of a contract of training by the parties has no effect unless the variation has been approved under this section.
49 A party to a contract of training who terminates the contract under the term referred to in subsection 47 (4) shall, not later than 7 days after the date of termination, give the Chief Executive notice in writing of the termination.
50 (1) Where the Authority assesses the knowledge and skills of a trainee and is satisfied that—
51 An application referred to in section 48 or 50 shall be—
52 The Authority may approve the premises, types of equipment or methods of training which an employer uses, or proposes to use, for the purpose of training a person under a contract of training, if the Authority believes on reasonable grounds that they are suitable for that purpose.
53 The Authority may approve a person whom an employer uses, or proposes to use, for the purpose of supervising the training of a person under a contract of training, if the Authority believes on reasonable grounds that the person—
54 (1) The Authority may exercise its powers under section 52 or 53 on application by an employer or of its own accord.
55 (1) In this section, “approval” means an approval under section 52 or 53.
56 An application referred to in subsection 54 (1) or 55 (2) shall be—
57 (1) In this section, “approval” means an approval under section 52 or 53.
58 (1) The Authority may, in writing, determine that the ratio between—
59 (1) Where the Authority requires a trainee to attend at a college, or another place, outside the Territory for the purpose of undertaking a course of training as part of an approved training program, the Territory shall pay to the trainee—
60 An employer who enters into a contract of training shall not, without reasonable excuse, fail to give the Chief Executive, within 14 days after the date of the contract—
61 Where an approved training program requires a person undertaking the program—
62 (1) An employer who trains a person under a contract of training shall, while the contract subsists, keep—
65 The Grievances Committee may hold an inquiry in relation to any matter concerning a contract of training in relation to which it believes on reasonable grounds that—
66 (1) Where the Grievances Committee has completed an inquiry under section 63 or 65 in relation to a matter concerning a contract of training, the Committee may—
67 Where, under paragraph 66 (1) (e), a party to a contract of training is directed not to enforce a contractual right, no action lies by that party to enforce that right while the direction remains in force.
68 A person shall not, without reasonable excuse, contravene a direction given to the person under paragraph 66 (1) (d) or (i).
69 (1) Where the Grievances Committee makes a decision under section 66 in relation to a contract of training—
70 (1) In this Division, “inquiry” means an inquiry under section 63 or 65.
71 (1) The Grievances Committee shall not commence an inquiry unless the Chairperson of the Committee has given a notice of the inquiry to each party at least 7 days before the proposed commencement.
72 (1) An inquiry shall be conducted with as little formality and technicality, and with as much expedition, as is practicable to permit a proper consideration of the matter before the Grievances Committee.
73 Without limiting the generality of section 72, the Grievances Committee may consult with—
74 (1) An inquiry shall not be open to the public without the agreement of each of the parties.
75 (1) At a hearing in an inquiry a party may appear in person or, with the approval of the Grievances Committee, be represented by another person who may examine witnesses and address the Committee on behalf of that person.
76 (1) For the purposes of an inquiry, the Grievances Committee may—
78 Subject to subsection 74 (2), the Grievances Committee shall ensure that each party to an inquiry is given a reasonable opportunity to present his or her case, to inspect any document which the Committee proposes to have regard to in reaching a decision and to make submissions to the Committee.
79 (1) A person who represents a person at an inquiry has the same protection and immunity as a barrister and solicitor appearing for a party in proceedings in the Supreme Court.
80 (1) A person who appears before the Grievances Committee for the purpose of giving evidence in an inquiry is entitled to be paid such fees, and allowances for expenses, in accordance with the scale in Schedule 1 to the AAT determination, as the Chairperson of the Committee determines.
81 (1) A person summoned to attend before the Grievances Committee in an inquiry shall not fail, without reasonable excuse—
82 (1) For the purposes of this Division, each of the following decisions of the Authority is a reviewable decision:
87 A person shall not, in purported compliance with a requirement made under paragraph 85 (3) (d) or (e) by an inspector—
PART V--MISCELLANEOUS
88 (1) An employer shall not, without reasonable excuse, employ in a trade a person who has not attained the age of 21 years.
89 (1) The Authority may, on application, issue a certificate of recognition to the applicant in respect of a prescribed vocation.
90 (1) The Authority may, in writing, declare a specified scheme of training to be an approved scheme of training for a specified vocation other than a prescribed vocation.
91 (1) The Authority may, in writing, declare a specified course of pre-vocational training to be an approved course of pre-vocational training.
92 The Executive may make regulations, not inconsistent with this Act, prescribing matters—
PART VI--TRANSITIONAL
93 (1) In this Part, unless the contrary intention appears—“applied provisions” means the provisions applied by subsection 94 (1) in relation to old scheme apprentices and old scheme probationers; “old scheme apprentice” means a person who, immediately before the commencement date, was an apprentice within the meaning of the repealed Act; “old scheme probationer” means a person who, immediately before the commencement date, was serving a period of probationary employment referred to in section 20 of the repealed Act; “prescribed authority” means—
94 (1) Notwithstanding the repeal effected by section 3, the relevant provisions of the repealed Act, and the provisions of the Apprenticeship Regulations as in force immediately before the commencement date, apply on and after that date in relation to old scheme apprentices and old scheme probationers as if—
95 (1) An indenture of apprenticeship in force immediately before the commencement date has effect on and after that date subject to the applied provisions.
96 Division 8 of Part IV applies in relation to transitional apprentices and transitional probationers as if—
