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