New South Wales Consolidated Acts

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APPRENTICESHIP AND TRAINEESHIP ACT 2001 -

DICTIONARY

(Section 3)

"Appeal Panel" means the Vocational Training Appeal Panel constituted by section 62.
"apprentice" means an employee who is party to an apprenticeship contract, and includes a person who is employed as an apprentice but in respect of whom an apprenticeship contract is not yet in force.
"apprenticeship" means an apprenticeship established under Division 2 of Part 2.
"apprenticeship contract" means a training contract under which an apprenticeship is established.
"appropriate qualification", in relation to an apprenticeship or traineeship, means a qualification that pursuant to a vocational training order may be awarded by a registered training organisation for successful completion of the required training for that apprenticeship or traineeship.
"certificate of identification" means a certificate of identification issued under section 67.
"certificate of completion" means a certificate of completion issued under section 23 in relation to a recognised traineeship vocation.
"certificate of proficiency" means a certificate of proficiency issued under section 23, 35, 36 or 37 in relation to a recognised trade vocation or recognised traineeship vocation.
"Commissioner" means the Commissioner for Vocational Training referred to in section 56.
"craft certificate" means a craft certificate issued under section 23, 35, 36 or 37 in relation to a recognised trade vocation.
"Department" means the Department of Education and Training.
"Director-General" means the Director-General of the Department.
"employer", in relation to an apprentice or trainee, means:

(a) in the case of an apprentice or trainee who is party to an apprenticeship or traineeship contract, the person who is, under that contract, the employer of the apprentice or trainee, or
(b) in the case of an apprentice or trainee in respect of whom no such contract is in force, the person by whom the apprentice or trainee is for the time being actually employed.
"exercise" a function includes perform a duty.
"existing worker trainee" means a trainee who is identified as an existing worker trainee in the register of apprenticeships and traineeships.
"full apprenticeship" means an apprenticeship under which the employer undertakes to employ the apprentice for the whole of the term of the apprenticeship.
"function" includes power, authority and duty.
"host employer" means a person or body with whom an apprentice or trainee is placed for training under a host employment arrangement.
"host employment arrangement" means an arrangement under which the employer of an apprentice or trainee places the apprentice or trainee with a host employer for training, supervises the host employer in its provision of training and monitors the progress of the apprentice or trainee during training.
"industrial award or agreement" means:
(a) an industrial instrument within the meaning of the Industrial Relations Act 1996 , or
(b) an award or agreement made or entered into in accordance with the provisions of the Workplace Relations Act 1996 of the Commonwealth.
"industry training officer" means an industry training officer appointed under section 65.
"junior" means a person who is under the age of 21 years.
"probationary period", in relation to a person who is employed in a recognised trade vocation or recognised traineeship vocation, means:
(a) the period specified in the vocational training order for that vocation or, if that period is extended under section 18, that period as so extended, or
(b) if an application for the establishment of an apprenticeship or traineeship in that vocation:
(i) is made before the end of that period, or that period as so extended, and
(ii) the Commissioner’s or Tribunal’s determination of the application is not made until after the end of that period, or that period as so extended,
the period ending on the date on which the person’s employer is notified of the Commissioner’s or Tribunal’s determination of the application,
being in either case the period beginning on the date on which the person begins working for the employer as an apprentice or trainee in that vocation.
"prohibited employer" means an employer with respect to whom an order is in force under section 53 and:
(a) in the case of an employer that is a corporation, includes a reference to any person who, when the corporation became subject to the order, was a director of the corporation or was concerned in the management of the corporation’s business, and
(b) in the case of an employer that is a partnership, includes a reference to any person who, when the partnership became subject to the order, was a partner in the partnership or was concerned in the management of the partnership’s business.
"public servant" means an officer or temporary employee within the meaning of the Public Sector Management Act 1988 .
"qualified tradesperson", in relation to a recognised trade vocation, means:
(a) a person who has a craft certificate or certificate of proficiency for that vocation, or
(b) a person who has qualifications and experience that, pursuant to a determination under section 35, 36 or 37, entitle the person to a craft certificate or certificate of proficiency for that vocation.
"recognised trade vocation" means a vocation that is designated as a recognised trade vocation by an order in force under section 5.
"recognised traineeship vocation" means a vocation that is designated as a recognised traineeship vocation by an order in force under section 5.
"register of apprenticeships and traineeships" means the register referred to in section 28.
"registered group training organisation" means a person or body that is registered as a group training organisation as referred to in section 30.
"registered training organisation" has the same meaning as in the Vocational Education and Training Act 2005 .
"required training", in relation to an apprentice or trainee who is employed in a recognised trade vocation or recognised traineeship vocation, means:
(a) the training that an apprentice or trainee is required by a vocational training order to undertake in connection with that vocation, or
(b) if a vocational training direction allows the apprentice or trainee to undertake alternative training, that alternative training.
"trainee" means an employee who is party to a traineeship contract, and includes a person who is employed as a trainee but in respect of whom a traineeship contract is not yet in force.
"trainee apprenticeship" means an apprenticeship under which the employer does not undertake to employ the apprentice for the whole of the term of the apprenticeship.
"traineeship" means a traineeship established under Division 2 of Part 2.
"traineeship contract" means a training contract under which a traineeship is established.
"training contract" means a contract entered into for the purpose of establishing an apprenticeship or traineeship.
"Tribunal" means the Vocational Training Tribunal of New South Wales constituted by section 59.
"vocational training direction" means a direction in force under section 10.
"vocational training guideline" means a guideline in force under section 4.
"vocational training order" means an order in force under section 6.



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