New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 51

51 Determinations

(1) The Tribunal must determine a complaint made under section 39 (1) or (2):

(a) by cautioning or reprimanding the person against whom the complaint has been made, or

(b) by ordering the person against whom the complaint has been made to make such redress (otherwise than by way of damages for breach of contract) as the Tribunal considers appropriate, or

(c) by varying, suspending or cancelling the apprenticeship or traineeship to which the complaint relates, or

(d) by dismissing the complaint.

(2) A complaint must not be determined as referred to in subsection (1) (a), (b) or (c) unless the Tribunal is satisfied that the person against whom the complaint has been made:

(a) has failed to discharge his or her obligations under the apprenticeship or traineeship to which the complaint relates, or

(b) has failed to comply with the requirements of this Act.

(3) The Tribunal must not suspend or cancel an apprenticeship or traineeship under subsection (1) unless it is satisfied that:

(a) one of the parties is unlikely to discharge his or her obligations under the apprenticeship or traineeship, and

(b) if that party is the employer:

(i) the other party is unwilling to allow another employer to assume those obligations, or

(ii) no other employer can be found who is willing to assume those obligations.

(4) The Tribunal must determine a complaint made under section 39 (3):

(a) by directing that the requirement for consent referred to in that subsection be waived, or

(b) by dismissing the complaint.

(5) The Commissioner must give notice of the Tribunal’s determination to each of the parties to the hearing.

(6) On the making of a determination that varies, suspends or cancels an apprenticeship or traineeship, the apprenticeship or traineeship is taken to be varied, suspended or cancelled, as the case may be, in accordance with the determination.