VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - SCHEDULE 2

VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - SCHEDULE 2

[r. 60]

1 .         Terms used

                In this Schedule —

        commencement means the day on which the Training Legislation Amendment and Repeal Act 2008 , other than Part 1, comes into operation  ⁵ ;

        old agreement means an agreement that —

            (a)         is in, or substantially in, the form of the apprenticeship agreement prescribed in the Industrial Training (General Apprenticeship) Regulations 1981 Schedule 2  ⁷ as in force immediately before 1 August 2008; and

            (b)         immediately before commencement, was in force and registered under the Industrial Training Act 1975  ⁶ ;

        old training contract means a training contract that, immediately before commencement, was in force and registered under the Industrial Training Act 1975  ⁶ ;

        trade apprentice means an apprentice who —

            (a)         under an old agreement is learning or being trained in an apprenticeship trade that was prescribed under the Industrial Training Act 1975  ⁶ ; or

            (b)         under an old training contract is learning or being trained in an apprenticeship trade that was prescribed under the Industrial Training Act 1975  ⁶ , whether or not the contract also specifies the apprentice is being trained for a prescribed VET qualification.

2 .         Old agreements to be read with modifications

        (1)         Under the Vocational Education and Training Act 1996 Schedule 2 clause 1, an old agreement has effect with these modifications —

            (a)         in clauses 1, 9 and 12 of the agreement, references to the Industrial Training Act 1975  ⁶ must be read as references to the Vocational Education and Training Act 1996 ;

            (b)         in clause 7 of the agreement, the reference to the technical instruction of the apprentice prescribed by or under the Industrial Training Act 1975  ⁶ must be read as a reference to the technical instruction that the apprentice is directed to undergo by a registered training provider;

            (c)         in clause 8 of the agreement, references to an examiner must be read as a reference to a registered training provider;

            (d)         in clause 10 of the agreement, the reference to the Registrar of Industrial Training appointed under the Industrial Training Act 1975  ⁶ must be read as a reference to the chief executive;

            (e)         clause 11 must be read as if —

                  (i)         the passage “, subject to Section 37 of the Industrial Training Act 1975  ⁶ ,” were deleted; and

                  (ii)         the passage “apply to the Director for suspension or cancellation of this agreement.” were “apply to the chief executive under the Vocational Education and Training Act 1996 for approval to terminate this agreement.”; and

                  (iii)         the second reference to the Industrial Training Act 1975  ⁶ were a reference to the Vocational Education and Training Act 1996 .

        (2)         Without limiting the Vocational Education and Training Act 1996 Schedule 2 clause 1 —

            (a)         section 60G(3), (4) and (5) of that Act and regulation 51 apply to and in respect of any application made to the chief executive under clause 11 of an old agreement, as modified by subclause (1)(e), for approval to terminate the agreement; and

            (b)         on such an application for approval to terminate an old agreement, the chief executive may give approval if satisfied the apprentice has engaged in misconduct as defined in clause 11 of the agreement.

        (3)         Subclause (2) does not affect the operation of section 60G(3) of the Vocational Education and Training Act 1996 .

3 .         Old agreements and contracts not terminated by sale of business

                If the employer under an old agreement or an old training contract sells the business or the part of the business in which the apprentice under the agreement or contract is employed, the agreement or contract is taken to be assigned to the purchaser, unless the chief executive, under section 60G of the Act, approves the termination of the agreement or contract.

4 .         Technical instruction requirements for trade apprentices

        (1)         A trade apprentice who is the subject of an old agreement must undertake those approved VET courses that a registered training provider directs the apprentice to undertake.

        (2)         A trade apprentice who is the subject of an old training contract must undertake on-the-job and off-the-job training in accordance with the training plan that the apprentice, the employer and a registered training provider have signed as required by the contract.

5 .         Final certificates for trade apprentices

        (1)         If the employer of a trade apprentice and a registered training provider agree that the apprentice has achieved all necessary competencies for the trade the apprentice is learning or being trained in —

            (a)         the employer and provider must jointly notify the chief executive accordingly; and

            (b)         the chief executive must give the apprentice a certificate that he or she has achieved the trade.

        (2)         These regulations do not prevent a registered training provider, acting in accordance with the Act, from conferring a trade apprentice with —

            (a)         an approved VET qualification in relation to any approved VET course the apprentice undertook under the apprenticeship; or

            (b)         a prescribed VET qualification the required competencies for which were achieved by the apprentice under the apprenticeship.

Notes

This is a compilation of the Vocational Education and Training (General) Regulations 2009 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Other notes

¹         Repealed by the Vocational Education and Training (Commonwealth Powers) Act 2010 Sch. 1 (NSW).

²         Repealed by the Training and Skills Development Act 2016 (NT).

³         Repealed by the Further Education and Training Act 2014 (Qld).

⁴         Repealed by the Training and Workforce Development (Repeals and Consequential Amendments Act 2013 (Tas).

⁵         The Training Legislation Amendment and Repeal Act 2008 (other than Part 1) commenced 10 Jun 2009.

⁶         The Industrial Training Act 1975 was repealed by the Training Legislation Amendment and Repeal Act 2008 .

⁷         Repealed by the Vocational Education and Training (General) Regulations 2009 r. 56(2).

Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)

accreditation application         7(1)

accreditation standards         7(1)

Act         3

amendment regulations         61

application         11(1)

AQF         3

AQTF         61

ASQA         3

associate         12(1)

audit         7(1), 24

child         40(1)

commencement         55, Sch. 2 cl. 1

commencement day         61

Commonwealth Act         3

compliance audit         7(1), 24

complying training plan         3, 43(1)

compulsory education period         40(1)

investigation         24

involved person         45(1)

jurisdiction         3

listed         4(1)

national register         3

nominated training provider         34

non-referring State         7(1)

official travel costs         24

old agreement         Sch. 2 cl. 1

old training contract         Sch. 2 cl. 1

owner         7(1)

parent         40(1)

personal details         3

register         7(1)

registering body         3

registration application         7(1)

registration document         7(1)

registration standards         7(1)

school-based apprenticeship         3, 43(1)

scope of registration         7(1)

Standards for VET Regulators         7(1)

suspension notice         49(4)

trade apprentice         Sch. 2 cl. 1

transitional period         61

units gained institutionally         38(3B)

VET course for a prescribed VET qualification         7(1)

WA         3

WA accredited course         7(1)

WA registered provider         7(1)

working day         3