New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 22

22 Suspension and cancellation of apprenticeships and traineeships by consent

(1) An application for suspension or cancellation of an apprenticeship or traineeship may be made to the Commissioner by the employer and the apprentice or trainee, or by either of them alone.

(2) In the case of an application made by both parties, the apprenticeship or traineeship is suspended or cancelled in accordance with the application on the expiry of 7 days after the application is lodged with the Commissioner, unless the Commissioner directs otherwise.

(3) Such a direction may be given only if the Commissioner is satisfied:

(a) that the consent of one of the parties to the application has been obtained as a result of undue influence, or

(b) one of the parties to the application has, before the expiry of the 7-day period, notified the Commissioner that he or she withdraws consent to the application.

(4) In the case of an application made by one only of the parties, the Commissioner must send a notice to the other party requesting the party to notify the Commissioner whether or not the party consents to the suspension or cancellation.

(5) If the Commissioner does not receive any reply to such a request within 21 days after the date on which the notice was sent:

(a) the consent of the party to whom the notice was sent is taken to have been given, and

(b) the apprenticeship or traineeship is suspended or cancelled in accordance with the application on the expiry of the 21-day period.