Australian Capital Territory Numbered Acts

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VOCATIONAL TRAINING ACT 1989 (NO. 2 OF 1989) - SECT 6

Interpretation

6. (1) In this Act, unless the contrary intention appears—“Administrative Appeals Tribunal” means the Australian Capital Territory Administrative Appeals Tribunal; “apprentice” means a person whom an employer has undertaken to train under a contract of training in a trade; “appropriate form” means a form in writing approved by the Chief Executive for the purposes of the provision in which the expression occurs; “approved training program” means a training program determined by the Authority under section 40; “Authority” means the Vocational Training Authority established by section 7; “certificate of recognition” means a certificate issued under section 89; “Chief Executive” means the Chief Executive of the Authority appointed under section 24; “commencement date” means the date of commencement of this Act; “contract of training” means a contract in writing—

        (a)     in accordance with terms determined by the Authority under section 46; or

        (b)     where, under section 48, the Authority approves a variation of the terms so determined—in accordance with those terms as varied in accordance with the approval;

“declared vocation” means a vocation, other than a trade, that is, under the regulations, a declared vocation for the purposes of this definition;
“federal award” means—

        (a)     an award within the meaning of the Industrial Relations Act 1988 of the Commonwealth; or

        (b)     an award or order continued in force by subsection 7 (1) of the Industrial Relations (Consequential Provisions) Act 1988 of the Commonwealth as if it were an award under the Industrial Relations Act 1988 of the Commonwealth;

“government service” includes service for an authority or body, whether incorporated or not, established for a public purpose by or under a law of the Territory, the Commonwealth, a State or another Territory;
“Grievances Committee” means the Grievances Committee of the Authority established under section 34;
“industrial award” means—

        (a)     a federal award; or

        (b)     an award, determination or order made by a prescribed person, tribunal or body under a prescribed law of the Territory;

“inspector” means an inspector appointed under section 26;
“Institute” means the A.C.T. Institute of Technical and Further Education;
“occupier”, in relation to premises, includes a person who is, or is reasonably believed to be, in charge of the premises;
“premises” includes—

        (a)     a structure, building, aircraft, vehicle or vessel;

        (b)     a place (whether enclosed or built upon or not); and

        (c)     a part of premises (including premises of a kind referred to in paragraph (a) or (b));

“prescribed vocation” means—

        (a)     a trade; or

        (b)     a declared vocation;

“probationary period”, in relation to a contract of training, means—

        (a)     if the trainee under the contract is an apprentice—

              (i)     the 3 months; or

              (ii)     if a period is prescribed for the purposes of this paragraph—the prescribed period;

commencing on the day on which the apprentice commences employment under the contract; and

        (b)     in any other case—

              (i)     the month; or

              (ii)     if a period is prescribed for the purposes of this paragraph—the prescribed period;

commencing on the day on which the trainee commences employment under the contract;

“repealed Act” means the Apprenticeship Act 1936 , as in force immediately before the commencement date;
“trade” means a vocation, other than a declared vocation, declared by the regulations to be a trade;
“Trades and Labour Council” means the body corporate known as the Trades and Labour Council of the A.C.T. Incorporated;
“trainee” means—

        (a)     an apprentice; or

        (b)     a person whom an employer has undertaken to train under a contract of training in a declared vocation;

“training” means training, whether by way of a course of study, instruction or practical training, in the knowledge and skills required for a vocation in industry or commerce or in any government service;
“Training Advisory Committee” means a Training Advisory Committee established under section 29;
“transitional apprentice” means an old scheme apprentice, within the meaning of Part VI, in relation to whom the provisions applied by subsection 94 (1) continue to have effect;
“transitional probationer” means an old scheme probationer, within the meaning of Part VI, in relation to whom the provisions applied by subsection 94 (1) continue to have effect.

(2) For the purposes of this Act, a person shall be taken to be qualified in a prescribed vocation if, in respect of that vocation—

        (a)     the person has completed the approved training program and holds the appropriate certificate issued by the Authority;

        (b)     the person holds—

              (i)     a certificate issued under section 50;

              (ii)     a qualification accredited by the Authority; or

              (iii)     a certificate of recognition;

        (c)     the person was, immediately before the commencement date, a tradesman under the repealed Act; or

        (d)     the person has completed an apprenticeship as a transitional apprentice and holds a final certificate issued by the Authority under the provisions of the repealed Act in their application by virtue of subsection 94 (1).

Division 1—Establishment, functions and powers


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