New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 53

53 Orders prohibiting employer from entering into apprenticeships and traineeships

(1) If, in determining a complaint against an employer under section 39 (1) or (2), the Tribunal is of the opinion that it is appropriate to do so in the public interest, the Tribunal:

(a) may make an order declaring the employer to be a prohibited employer, either indefinitely or for a specified period, and

(b) if it does so, may make a further order authorising the transfer to other employers of all or specified apprenticeships and traineeships to which the employer is party (including any apprentice or trainee involved in the proceedings on the complaint).

(2) An order under this section may not be made unless the Tribunal:

(a) has given notice to the employer of its intention to make such an order, and

(b) has given the employer at least 21 days within which to make submissions to the Tribunal with respect to the proposed order, and

(c) has taken any such submissions into consideration.

(3) For the purposes of section 20 (4) (b), consent to the transfer of an apprentice or trainee to a new employer is not required from an existing employer the subject of an order referred to in subsection (1) (b).