SOUTH AUSTRALIAN SKILLS ACT 2008

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Objects
• 4 Interpretation
• 5 Declarations relating to universities and higher education
• 6 Declarations of trades and declared vocations
• 6A Interaction with other Acts and awards etc

PART 2--Role of Minister

• 7 Functions of Minister
• 8 Delegation by Minister

PART 3--South Australian Skills Commission

Division 1--South Australian Skills Commissioner

• 9 South Australian Skills Commissioner
• 10 Term of office and conditions of appointment
• 11 Remuneration
• 12 Acting Commissioner
• 13 Functions of Commissioner
• 14 Reporting obligations

Division 2--South Australian Skills Commission

• 15 South Australian Skills Commission
• 16 Terms and conditions of membership
• 17 Remuneration
• 18 Procedures of Commission
• 19 Functions of Commission
• 20 Delegation
• 21 Committees
• 22 Validity of acts
• 23 Staff
• 24 Use of staff etc of Public Service
• 25 Conflict of interest under Public Sector (Honesty and Accountability) Act

Division 3--South Australian Skills Standards

• 26 Commission to prepare South Australian Skills Standards

PART 4--Apprenticeships, traineeships and training contracts

Division 1--Interpretation

• 45 Interpretation

Division 1A--Certain training to occur under training contract

• 45A Training in trade must occur under training contract
• 45B Training in declared vocation may occur under training contract

Division 2--Training contracts

• 46 Training contracts
• 47 Minister may enter training contracts
• 48 Training contracts to be approved by Commission
• 48A Transfer of training contracts between jurisdictions
• 49 Commencement date of apprenticeship or traineeship and term of training contracts
• 49A Extension of probationary period
• 50 Commission may vary hours under training contract
• 51 Commission may suspend training contract
• 51A Termination of training contract during probationary period
• 51B Commission may terminate training contract
• 51C Offence to terminate etc training contract
• 52 Commission may require dispute resolution between parties to certain applications
• 53 Effect of time spent training on employment of apprentice or trainee
• 54 Termination/expiry of training contract and pre-existing employment

Division 3--Prohibited employers

• 54B Prohibited employers
• 54C Revocation of declaration
• 54D Offence for prohibited employer to employ etc apprentice or trainee
• 54E Offence to make certain false representations relating to prohibited employers

Division 3A--Provisions relating to employers

• 54F Registration of employers
• 54G Variation, suspension and cancellation of registration of employer
• 54H Substitution of employer under training contract following cancellation, suspension or variation of registration
• 54I Offence to make certain false representations relating to registration
• 54J Employer's obligations under training contract
• 54K Employer to notify Commission of certain matters
• 54L Making and retention of records

Division 3B--Provisions relating to apprentices and trainees

• 54M Obligations of apprentices and trainees under training contracts

Division 3C--Substitution of employer under training contract and transfer fees

• 54MA Transfer of training contract where change of ownership of business
• 54N Commission may approve substitution of employer under training contract
• 54O Transfer fee payable in relation to certain substitutions of employer in relation to training contract

Division 3D--Provisions relating to nominated training organisations and training plans

• 54P Nomination of training organisation for apprentice or trainee
• 54Q Training plans
• 54R Obligations of nominated training organisations
• 54S Nominated training organisation to notify Commission of certain matters
• 54T Substitution of nominated training organisation
• 54U Making and retention of records
• 54V Offences by nominated training organisations
• 54W Commission may notify certain bodies where contravention of Act

Division 4--Compliance notices, misconduct, disputes and grievances

• 63 Compliance notices
• 64 Employer may suspend apprentice or trainee for serious misconduct
• 65 Other matters to be dealt with by SAET
• 66 Holding of compulsory conciliation conferences
• 67 Representation in proceedings before SAET

PART 4A--Recognition of other trade training etc

• 70A Application for recognition of other trade qualifications etc
• 70B Commission may determine person adequately trained

PART 4B--Additional powers of Commission etc

• 70C Commission may require information
• 70D Sharing of information between certain persons and bodies
• 70E Other powers of Commission and authorised persons

PART 4C--Review of certain decisions by South Australian Civil and Administrative Tribunal

• 70F Review of decisions by Tribunal
• 70G Offence to exert undue influence etc in relation to training contracts and training plans

PART 5--Miscellaneous

• 71 South Australian Skills Register
• 72A Confidentiality
• 73 Commission may correct certain mistakes
• 75 False or misleading information
• 75A Imputation of conduct or state of mind of officer etc
• 75B Offences by bodies corporate and employees
• 76 Evidentiary provision
• 77 Gazette notices may be varied or revoked
• 78 Service
• 79 Regulations
• SCHEDULE 2--Transitional provisions
Legislative history