Australian Capital Territory Numbered Acts

VOCATIONAL TRAINING ACT 1989 (NO. 2 OF 1989) - SECT 55

55. (1) In this section, “approval” means an approval under section 52 or 53.

(2) The Authority may, on application by an employer who is a party to a contract of training and, if it believes on reasonable grounds that it will not adversely affect the provision of training in accordance with the relevant approved training program—

        (a)     vary in the manner sought in the application a condition to which an approval concerning the employer is subject;

        (b)     revoke such a condition; or

        (c)     make an approval concerning the employer subject to a condition sought in the application.

(3) Where the Authority believes on reasonable ground that it is necessary in order to ensure that training under a contract of training is provided in accordance with the relevant approved training program, the Authority may, subject to subsections (4) and (5)—

        (a)     vary a condition to which an approval is subject;

        (b)     revoke such a condition; or

        (c)     make an approval subject to a condition.

(4) The Authority shall not take action under subsection (3) unless the Chief Executive has given the employer concerned a notice in writing—

        (a)     specifying the action proposed to be taken by the Authority and its reasons for that action; and

        (b)     informing the employer that he or she may, within 14 days after the date of the notice, by writing given to the Chief Executive, place before the Authority any matters in answer to the action proposed by the Authority.

(5) For the purpose of deciding whether to take action under subsection (3), the Authority shall have regard to any matter placed before it by the employer by virtue of a notice under subsection (4).

(6) Where the Authority makes a decision under subsection (2) or (3), the Chief Executive shall give the employer concerned a notice in writing specifying the terms of the decision.

(7) A variation, revocation or an imposition of a condition under subsection (2) or (3) takes effect—

        (a)     on the date of the notice given to the employer concerned under subsection (6); or

        (b)     if a later date of effect is specified in the notice—on that later date.