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TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 57

TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 57

57—Criteria for registration

        (1)         The Commission must, in determining whether to register, or renew or vary the registration of, an employer, and in determining conditions of registration—

            (a)         apply the guidelines (if any) developed by the Commission; and

            (b)         have regard to the following matters:

                  (i)         the place of employment of the apprentice/trainee;

                  (ii)         the equipment and methods to be used in the training of the apprentice/trainee;

                  (iii)         the persons who are to supervise the work of the apprentice/trainee;

                  (iv)         the ratio between the number of apprentices/trainees party to training contracts with the employer and the number of persons who are to supervise their work;

                  (v)         any other matter that is, in the opinion of the Commission, relevant to the registration.

        (2)         The Commission may not register, renew or vary the registration of a person under this section unless the Commission is satisfied that the person is fit and proper to be so registered, or to have the registration so renewed or varied, taking into account—

            (a)         the prior conduct of the person or an associate of the person (whether in this State or elsewhere); and

            (b)         any other matter that the Commission considers relevant.

        (3)         In this section, a person is an "associate" of another person if—

            (a)         they are partners; or

            (b)         they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or

            (c)         1 is a body corporate and the other is a director or a member of the governing body of the body corporate; or

            (d)         1 is a body corporate and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate; or

            (e)         1 is an employer or employee of the other; or

            (f)         1 is the spouse, domestic partner, parent or child of the other; or

            (g)         a chain of relationships can be traced between them under any 1 or more of the preceding paragraphs.