New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 54

54 Appeals to Appeal Panel

(1) An appeal to the Appeal Panel may be made, in accordance with the regulations, from any of the following:

(a) any decision by the Tribunal or by the Commissioner dismissing an application for establishment of an apprenticeship or traineeship,

(b) any vocational training direction made by the Tribunal or by the Commissioner,

(c) any decision by the Tribunal or by the Commissioner dismissing an application for approval to the transfer of an apprenticeship or traineeship,

(d) any decision by the Tribunal or by the Commissioner dismissing an application for variation of an apprenticeship or traineeship,

(e) any decision by the Tribunal or by the Commissioner under which an apprenticeship or traineeship has been varied,

(f) any decision by the Commissioner to refuse to register a person as an existing worker trainee,

(g) any decision by the Commissioner to refuse to register a person or body as a group training organisation or to suspend or cancel the registration of a person or body as a group training organisation,

(h) any refusal by the Commissioner to issue a certificate of proficiency, craft certificate or certificate of completion under Part 2 or 3,

(i) any determination by the Tribunal under section 36 that denies recognition of a person’s qualifications or experience in a particular recognised trade vocation,

(j) any decision by the Commissioner refusing to refer a complaint under Part 4 for determination by the Tribunal,

(k) any determination by the Tribunal in respect of a complaint under Part 4, including any order of the kind referred to in section 53.

(2) An appeal is to be dealt with by way of a new hearing, and fresh evidence or fresh information may be given on the appeal.

(3) The provisions of Division 2 of Part 4 apply to proceedings before the Appeal Panel in the same way as they apply to proceedings before the Tribunal.

(4) The provisions of Division 3 of Part 4 apply to a determination by the Appeal Panel in the same way as they apply to a determination by the Tribunal.

(5) The decision of the Appeal Panel is to be given effect to as if it were the decision of the person or body in respect of whose decision, determination, action or failure to act the appeal has been made.