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This Bill repeals and replaces the Northern Territory Employment and Training Act.
The purpose of this Bill is to introduce a new Training and Skills Development Act. The objective of the Training and Skills Development Act (the new Act) is to ensure the NT has contemporary legislation under which to govern and manage the NT vocational education and training (VET) sector, providing the platform to achieve maximum return on public investment in VET and reduce unnecessary red tape.
The Bill aims to support a system that is strategic and forward-looking,
to enable the provision of nationally recognised training that meets the present and future needs of government, industry and the community.
It does this by recognising industry as a key client of the NT VET system and providing for greater emphasis on workforce and skills development to encourage employment and economic growth. The Bill will strengthen industry involvement through the Northern Territory Training Commission.
The Training and Skills Development Bill retains some of the provisions from the existing Act and introduces a number of new provisions.
Broadly the Bill:
· provides for greater emphasis on training, industry, workforce and skills development;
· establishes the Chief Executive Officer as the person with the power to do the things previously done by the NT Employment and Training Authority, including allocating funding for the delivery of training;
· establishes the Northern Territory Training Commission (the Commission);
· requires the Commission to have 9 members, including the Chairperson. The Minister appoints the Chairperson;
· allows for strong industry and employer representation on the Commission;
· requires the Commission to report directly to the Minister.
The Commission is subject to the directions of, and is accountable to the Minister in the performance of its functions;
· allows the Commission to provide high level strategic advice to the Minister for the planning for VET in the Northern Territory;
· requires the Commission to develop an annual NT VET investment plan to guide the investment of public funds in training delivery;
· updates apprenticeship/traineeship provisions to be consistent with agreed national positions, including updating terminology to reflect national practice;.
· strengthens the regulation of apprenticeships and traineeships, including prohibiting employers from employing apprentices/trainees should they contravene the legislation;
· allows for suspension and termination of training contracts by mutual consent on application by both parties;
· clarifies the differences between apprenticeships and traineeships,
to make it clear that the new Act applies to traineeships as well as apprenticeships;
· establishes an internal review process to allow for affected parties to apply to the CEO for a review of a reviewable decision made by the CEO’s delegate;
· reduces red tape and provides for non-delegate reviewable decisions to go before the independent Northern Territory Civil and Administrative Tribunal for review;
· encourages development of a strong training provider market, and facilitates growth and development in the VET sector; and
· provides for a sustainable training market capable of delivering relevant quality training across the NT to meet present and future needs of government, industry and community.
NOTES ON CLAUSES
Part 1 Preliminary matters
Clause 1. Short Title
This is a formal clause which provides for the citation of the Bill. The Bill when passed will be cited as the Training and Skills Development Act 2016.
Clause 2. Commencement
This clause commences the Act on the day set by the Administrator by Gazette notice.
Clause 3. Object of the Act
This clause outlines the objective of the Training and Skills Development Act which is to ensure the provision of VET that meets the needs of government, industry and the community.
Clause 4. Definitions
This clause defines the terminology used throughout the Bill. The Interpretation Act contains definitions and other provisions that may be relevant to this Act; they will not appear in this clause.
Clauses 5 and 6. Apprentices / Trainees
These clauses define who is an apprentice and who is a trainee to provide clarity that the Act applies to both, and to make clear the distinction between apprenticeships and traineeships. They are key definitions that give context to other clauses in the Bill.
Clause 7. Act binds Crown
This clause is a standard clause in the NT which confirms that the Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
Clause 8. Application of criminal code
This clause provides for the application of Part IIAA of the Criminal Code.
Part 2 Administration
Division 1 The Minister
Clause 9. Minister’s responsibility for VET
This clause confirms that the Minister has responsibility for the administration and management of VET in the Northern Territory, and when undertaking that responsibility, the Minister must take into account the VET investment framework and VET investment plan submitted by the Commission.
Clause 10. Delegation by Minister
This clause gives the Minister the power to delegate any of his or her powers and functions under the Act to the CEO or the Commission, other than the power under clause 31 to give directions to the CEO.
Division 2 Northern Territory Training Commission
Clause 11. Establishment of Commission
This clause establishes the Northern Territory Training Commission.
It makes it clear the Commission is entitled to the privileges, rights and immunities of the Crown and is within the shield of the Crown.
Clause 12. Functions of Commission
This clause sets out the functions of the Northern Territory Training Commission which are to: promote VET in the Territory; provide high level strategic advice to the Minister for the effective planning of VET in the NT; and prepare, approve and submit to the Minister a VET investment framework and VET investment plan.
Clause 13. Powers of Commission
This clause confirms that the Northern Territory Training Commission has the powers necessary to perform its functions.
Clause 14. Membership of Commission
This clause provides for the composition of the Northern Territory Training Commission which will consist of 9 members who are capable of representing the interests of industry and employers. The Minister will appoint one member as the Chairperson of the Commission.
Membership of the Commission is determined through a nomination process. If there are no or insufficient nominations for the Commission as a result of that process, which may be set out in Regulations, the Minister may appoint persons at his/her discretion.
This clause also sets the period for term of office and requires members to hold office on the terms and conditions that the Minister from time to time determines. The Commission is a statutory body for purposes of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act.
Clause 15. Termination of appointment
This clause gives the Minister power to terminate the appointment of the Chairperson or any other member of the Commission and sets out the reasons why the Minister may terminate an appointment. The clause also provides for the Chairperson or any other member of the Commission to resign by written notice to the Minister.
Clause 16. Costs and expenses of Commission
This clause confirms the Minister may approve the payment of costs and expenses reasonably incurred by the Commission in performing its functions.
Clause 17. Commission accountable to Minister
This clause confirms the Commission is accountable to the Minister for the performance of its functions.
Clause 18. Commission subject to Ministerial direction
This clause confirms the Minister may give directions to the Commission with respect to the exercise of its powers or the performance of its functions, and that the direction is to be given in writing. The Commission must give effect to a direction.
Clause 19. Exercise of power not invalid
This clause confirms the exercise of a power or the performance of a function by the Commission is not affected by a vacancy in its membership.
Clause 20. Calling of meetings
This clause sets the guidelines for calling of meetings, the proceedings of meetings, and provides for the Minister to direct the Chairperson to call a meeting of the Commission and the Chairperson must comply with this direction.
Clause 21. CEO to advise Commission at meetings
This clause commits the CEO, or a delegate of the CEO, to attend all meetings of the Commission, and to provide advice and information that the Commission requires relating to the administration of the Act. An act or decision made by the Commission at a meeting is not valid if the CEO or his/her delegate is not in attendance when the act is done or the decision is made.
Clause 22. Quorum
This clause specifies the quorum for a meeting of the Commission is one half of the number of the members then holding office plus one.
Clause 23. Presiding at meeting of Commission
This clause confirms the Chairperson must preside over a meeting of the Commission, and in the absence of the Chairperson, the clause permits another member be elected by the members present at the meeting to preside over the meeting of the Commission.
Clause 24. Voting at meeting of Commission
This clause requires a decision at a meeting of the Commission to be determined by the majority vote of members present and voting. If there are equal votes, the person presiding at the meeting has a casting vote.
Clause 25. Records of meetings
This clause commits the Commission to keep accurate records of its meetings.
Clause 26. Disclosure of personal interest
This clause applies if a member has a personal interest in a matter being considered or about to be considered by the Commission. This clause specifies what constitutes personal interest under this Act and it requires a member to disclose specific information about the personal interest at a meeting as soon as practicable after the relevant facts come to the member's knowledge. The clause requires disclosure be recorded in the minutes of the meeting of the Commission.
Clause 27. Effect of personal interest
This clause prohibits the member with personal interest from taking part in any deliberation or decision of the Commission about the matter and the member must be disregarded from the quorum. This clause also confirms the quorum for the deliberation or decision is a majority of members entitled to participate in the deliberation or decision. In the event that a member fails to disclose the personal interest in relation to a matter, whether intentionally or unintentionally, this clause clarifies that the failure to disclose does not, on its own, invalidate any decision of the Commission about the matter.
Clause 28. Annual report
This clause sets out the requirement for the Commission to prepare and give to the Minister an annual report on its activities during the preceding year.
Division 3 The CEO
Clause 29. Functions of CEO
This clause sets out the functions of the CEO which includes providing vocational education and training advice, allocating funding for VET, supporting the Commission in the exercise of its functions, and any other functions conferred on the CEO by this or any other Act.
Clause 30. Powers of CEO
This clause establishes the CEO’s powers as necessary to perform its functions under the Act.
Clause 31. CEO subject to Ministerial direction
This clause gives the Minister the power to direct the CEO as appropriate in the performance of its functions under the Act. However, the Minister cannot give direction to the CEO that is not permitted to be given under the
NT Public Sector Employment and Management Act or any other Act.
Clause 32. Delegation by CEO
This clause gives the CEO the power to delegate any of the CEO’s powers and functions under the Act to a public sector employee, to a body in relation to apprenticeship and traineeship services (Parts 3 and 4); the organisation may then delegate that power or function to a person employed by or is connect with the organisation.
Part 3 Apprenticeships and traineeships
Part 3 sets out the regulatory framework for apprenticeship and traineeship arrangement in the NT.
Division 1 Approval by CEO
Clause 33. CEO to consider industry needs
This clause requires the CEO to have regard to industry requirements in the NT when determining whether to approve a type of apprenticeship or traineeship.
Clause 34. Approval of nationally recognised qualifications
This clause gives the CEO the power to approve a nationally recognised qualification that an employee may seek to attain by completing an approved apprenticeship or approved traineeship.
Clause 35. List of approved nationally recognised qualifications
This clause provides for the CEO to establish and maintain a list of approved nationally recognised qualifications, whether those qualifications may be attained through an approved apprenticeship or traineeship, to publish that list, and to determine the number of apprentices and trainees that may be employed by an employer in those qualifications.
Clause 36. Approval of types of apprenticeships or traineeships
This clause gives the CEO the power to approve a type of apprenticeship or traineeship and the nationally recognised qualification to which the approval relates.
Division 2 Employers must be approved to employ apprentices or trainees
Clause 37. Approval before employing apprentice or trainee
This clause requires that the employer must be approved before they can employ a person who is undertaking an approved apprenticeship or approved traineeship. Failure to do so is an offence of strict liability under the Act. It is a defence to a prosecution for this offence if the defendant has a reasonable excuse. A maximum of 100 penalty units applies.
Clause 38. Approval of employer
This clause requires an employer to apply to the CEO for approval to employ an apprentice in an approved apprenticeship, or a trainee in an approved traineeship and the requirements for approval. It requires the application to be in the approved form.
The clause gives the CEO the power to grant the approval subject to conditions that the CEO considers appropriate, or refuse to grant the approval outlining the reasons why. This clause requires the CEO to provide the decision in writing, including stating the maximum number of apprentices or trainees that may be employed at any one time by the employer in each qualification.
Clause 39. Variation or revocation of approval of employer
This clause gives the CEO the power to vary or revoke an approval granted under clause 38 and the reasons why the CEO may do this. The CEO may vary or revoke an approval on an application by the employer or on the CEO's own motion. The clause permits the CEO to vary an approval only if the CEO is satisfied the variation will not adversely affect the training of an apprentice or trainee; or only if the CEO is satisfied that the variation is necessary to ensure that the training of an apprentice or trainee is provided satisfactorily. If the CEO proposes to vary or revoke an approval on the CEO’s own motion, the CEO must provide written notice to the employer of the proposal and the reasons for it. The employer may make a submission to the CEO in relation to the proposal.
Division 3 Prohibited employers
Clause 40. Declaration as prohibited employer
This clause gives the CEO the power to declare an employer to be prohibited for a period if there are reasons to believe the employer is not a suitable person to employ an apprentice or trainee. It sets out matters the CEO must consider in deciding whether or not the employer is suitable.
Clause 41. CEO must give show cause notice before making declaration
This clause requires the CEO to give the employer a show cause notice stating the proposal to prohibit, the reasons why and for what period.
The employer may make a submission to the CEO in relation to the proposed declaration.
Clause 42. Notice of decision about declaration after show cause notice
This clause requires the CEO to consider a submission made by the employer and either make the declaration as proposed in the notice under clause 41 or not make the declaration. The CEO must give the employer a written notice of the decision.
This clause also states what must be included in a prohibition notice and that the employer may apply for a revocation of the declaration.
Clause 43. Revocation of declaration as prohibited employer
This clause provides for a prohibited employer to apply to the CEO for a revocation of the declaration under made clause 40. The CEO may completely revoke or partly revoke the declaration if the CEO is satisfied that the employer is no longer an unsuitable person to employ an apprentice or trainee in a particular type of approved apprenticeship or approved traineeship. If the CEO decides to either completely, partly or not revoke the declaration, the CEO must give the employer written notice of the decision, including the reasons for the decision.
Clause 44. Prohibited employer not to contravene declaration
This clause specifies an employer commits an offence if a declaration is in force and the employer intentionally engages in conduct that results in a contravention of the declaration. This is a strict liability offence. A maximum 100 penalty units applies.
Division 4 Training contracts
Subdivision 1 Registration of training contracts
Clause 45. Training contracts
This clause declares a training contract is a binding written agreement between an employer and an apprentice or trainee setting out the obligations of each party to the contract, and may state if the apprenticeship or traineeships is full-time or part-time. This clause also requires a training contract to be in the approved form and be signed by the employer and the apprentice or trainee, and if the apprentice or trainee is under 18 years of age - a parent or guardian of the apprentice or trainee.
Clause 46. Probationary period of training contract
This clause confirms the probationary period of a training contract is 3 months from its commencement. This clause provides for an extension to the probationary period by not more than 3 months and not more than once.
Clause 47. Training contract for apprenticeship or traineeship
This clause specifies the employer commits an offence if the employer employs a person who is undertaking an approved apprenticeship or traineeship and the apprenticeship or traineeship starts and a training contract is not sign by the employer and the employee. A maximum
100 penalty units applies. The offence is of strict liability and the clause provides for defence to a prosecution if the defendant has a reasonable excuse.
Clause 48. Registration of training contract
This clause specifies the employer commits an offence if the employer and an apprentice or trainee have both signed a training contract and the contract has not been submitted to the CEO within 28 days. A maximum of 100 penalty units applies. The offence is of strict liability and the clause provides for defence to a prosecution if the defendant has a reasonable excuse.
Clause 49. Submission of training contract for registration
This clause requires an employer to submit a training contract for registration to the CEO.
Clause 50. Registration of training contracts
This clause gives the CEO the power to register a training contract or refuse to register a contract. If registered, the CEO must provide a certificate of registration including any conditions to which the registration is subject. If the CEO decides to refuse to register a training contract, the CEO must give the employer written notice of the decision, including the reasons for the decision.
Clause 51. Registration of multiple contracts
This clause specifies the CEO must not register a training contract that would operate concurrently for any period with another such contract for an apprentice or trainee, except in certain circumstances. This clause sets out those circumstances.
Clause 52. Cancellation of registration of training contract
Despite any other provision of this Act or the conditions to which a training contract is subject, this clause gives the CEO the power to cancel the registration of the contract by written notice given to the parties to it, and the notice must specify the grounds for the cancellation.
Clause 53. Parties bound by training contracts
This clause confirms the apprentice or trainee is bound by the contract until it is terminated, cancelled or completed under this Act, whichever occurs first, including if the apprentice or trainee is under 18 years whereby the parent or guardian is also bound by the contract until it is terminated, cancelled or completed. The employer is also bound by the contract until it is terminated, cancelled or completed under this Act, whichever occurs first.
Subdivision 2 Training plans
Clause 54. Training plans
This clause defines a training plan and that it is to be agreed by the employer, approved registered training organisation (RTO) and the apprentice or trainee, and must be submitted to the CEO within the probationary period.
Clause 55. Offence if training plan not submitted to CEO
This clause specifies the approved RTO commits an offence if a training plan relating to a training contract is not submitted to the CEO by the end of the probationary period. The offence is of strict liability and the maximum penalty is 10 penalty units.
Clause 56. Recognition of qualifications and statements of attainment
This clause specifies an approved RTO commits an offence if the training plan requires the apprentice or trainee to attain the same qualification, or be issued with a statement of attainment in respect of the same components, from another RTO. The maximum penalty is 100 penalty units. The offence is of strict liability and the clause provides for defence to a prosecution if the defendant has a reasonable excuse.
Clause 57. Approval before providing training for course or training package qualification
This clause specifies the RTO commits an offence if it provides training to an apprentice or trainee without approval to do so. The maximum penalty is 100 penalty units. The offence is of strict liability and the clause provides for defence to a prosecution if the defendant has a reasonable excuse.
Clause 58. Approval of RTO
This clause requires an RTO to be approved by the CEO to provide training to an apprentice or trainee. The RTO must apply for approval and the CEO may either grant or refuse to grant the approval. Written notice of the CEO decision is to be provided to the applicant.
Clause 59. Variation or revocation of approval
This clause gives the CEO the power to vary or revoke an approval granted under clause 58 on an application by the approved RTO or on the CEO’s own motion. The clause sets out the matters the CEO must consider before deciding to vary or revoke an approval. A written notice of the CEO decision must be provided to the RTO, including that the RTO may make a submission to the CEO in relation to the proposal. If a submission is made, the CEO must consider that submission and decide to vary or revoke or not vary or revoke the approval. Written notice of the decision must be provided to the RTO.
Subdivision 3 Termination, cancellation and suspension of training contracts
Clause 60. Termination of training contract during probationary period
This clause provides for the training contract to be terminated by written notice, which must include the date of effect, by the employer or the apprentice or trainee. It is an offence if the notice is not provided within
14 days. The offence is of strict liability and the maximum penalty is
10 penalty units. The notice of termination does not have effect until a copy is given to the CEO who must acknowledge receipt of the notice.
Clause 61. Cancellation of registered training contract by parties
This clause provides for the parties to a registered training contract to cancel the contract at any time.
The cancellation must be done by a written notice signed by both of them to the CEO. A notice of cancellation has effect from the date specified in it. The clause confirms each party to a registered training contract commits an offence if the parties fail to provide the notice to the CEO within 14 days since the last of them signed the notice. The offence is of strict liability and a maximum of 10 penalty units applies. It is only a defence to a prosecution if the other party to the contract gave a copy of the notice of cancellation to the CEO within the specified period.
Clause 62. Suspension of registered training contract by parties
This clause provides for the parties to a registered training contract to suspend the contract for a period of not more than 12 months as specified in the notice. The suspension must be done by a written notice signed by both of them to the CEO. A notice of suspension has effect from the date specified in it. The clause confirms a notice of suspension does not have effect before a copy of it is given to the CEO. The clause specifies each party to a registered training contract commits an offence if the parties fail to provide the notice to the CEO within 14 days since the last of them signed the notice. The offence is of strict liability and a maximum of 10 penalty units applies. It is only a defence to a prosecution if the other party to the contract gave a copy of the notice of suspension to the CEO within the specified period.
Clause 63. Suspension of training contract by CEO
This clause gives the CEO the power to suspend a training contract under circumstances set out in the Act. A written notice which includes the period of suspension which can be no longer than 12 months must be provided to the parties to the contract. The CEO may extend the suspension by not more than 12 months.
Subdivision 4 Assignment of registered training contracts
Clause 64. Assignment of registered training contract
Under this clause, parties to a training contract may jointly apply to the CEO for approval to assign the contract, either temporarily or permanently, to another approved employer. The clause gives the CEO the power to grant or refuse to grant the approval and must give written notice to the parties of the CEO decision. The CEO must give a copy of the notice to the employer to whom the training contract is proposed to be assigned. This clause also sets out the rules for the assignment of training contracts.
A person commits an offence if they do not comply with directions given by the CEO for the assignment of the training contracts. The offence is of strict liability and a maximum of 100 penalty units applies.
Clause 65. Probationary period of assigned contract
This clause confirms an assigned training contract has a probationary period of 3 months from the date on which it is, or is taken to be, assigned.
The clause gives the CEO the power to declare that the probationary period for the contract is for a lesser period, or there is no probationary period for the contract if they are satisfied the employers are substantially the same. The note for this clause clarifies that an assigned registered training contract under this subdivision applies in the same way as it applies to one that has not been assigned.
Subdivision 5 Awards under registered training contracts
Clause 66. Statement of attainment
This clause requires the RTO to issue of a statement of attainment to the apprentice or trainee in respect of certifiable components of a qualification completed. The RTO commits an offence if notice of the RTO’s assessment is not provided to the CEO. The offence is of strict liability and a maximum of 100 penalty units applies
Clause 67. Award of VET qualification
This clause requires the RTO to award the qualification to an apprentice or trainee if assessed as eligible to receive one. The RTO is required to seek confirmation from the employer that the apprentice or trainee is competent before awarding the qualification. The RTO commits an offence if notice of the RTO’s assessment is not provided to the CEO. The offence is of strict liability and the clause provides for defence to a prosecution if the defendant has a reasonable excuse. A maximum of 100 penalty units applies. The CEO must issue a document to the apprentice or trainee stating that their training is completed upon receipt of the assessment notice from the RTO. The registered training contract is deemed to be completed upon issuance of the document.
Clause 68. Resolution of disputes
This clause provides for a party to a registered training contract to apply to the CEO to resolve a dispute between the parties as it relates to an obligation of either party under the contract. Sub-clause (2) requires the CEO must attempt to resolve the dispute for an application made under this clause.
Division 5 Wages of apprentice or trainee
Clause 69. Rate of wages of apprentices and trainees
This clause gives the CEO the power to determine the rate of wages payable to apprentices and trainees based on their level of competence. The clause is subject to the terms of any relevant award, industrial agreement or enterprise agreement.
Clause 70. Apprentices and trainees to be paid at determined rate
This clause declares a person commits an offence if the person intentionally employs, attempts to employ or authorises or permits the employment of an apprentice or trainee at a rate of wages lower than the applicable rate determined in clause 69(2). The offence is of strict liability and a maximum of 100 penalty units applies.
Clause 71. Slackness of trade
This clause gives the CEO the power to approve an employer to employ an apprentice or trainee for a lesser period than a complete week or month where there is insufficient work to keep the apprentice or trainee fully employed. The CEO may fix the rate of wages payable to the apprentice or trainee for the lesser period.
Clause 72. Stand down
This clause applies if an employer is unable, because of an industrial occurrence, to keep the apprentice or trainee fully employed during the normal working hours of a day. The clause sets out the rules for part payment of wages in such a circumstance.
Clause 73. Proceeding for recovery of wages or other remuneration
This clause confirms it is not a defence in a proceeding brought against an employer for the recovery of wages or other remuneration payable to an apprentice or trainee if the apprentice or trainee was employed in contravention of this Act.
Division 6 Employer obligations
Clause 74. Hindering compliance with requirement
This clause confirms an employer commits an offence if the employer knows that an RTO has imposed a requirement on an apprentice or trainee relating to training or assessment, and the employer intentionally engages in conduct that results in hindering the apprentice or trainee from complying with the requirement. A maximum of 100 penalty units applies to offences committed under this clause.
Clause 75. Progress Records
This clause requires an employer who is a party to a registered training contract to maintain progress records in relation to the contract, while the contract remains in force. It is an offence if the employer intentionally engages in conduct and the conduct results in the employer not maintaining progress records. The definition of progress records are outlined in this clause.
Clause 76. Requirement to keep specified records
This clause gives the CEO the power to, by written notice, require an employer who is party to a training contract to keep specific records. The employer commits an offence of strict liability if the employer intentionally engages in conduct and the conduct results in a contravention of the notice. The clause specifies a maximum penalty of 100 penalty units.
Clause 77. Requirement to provide copies of records
This clause gives the CEO the power to, by written notice, require the employer to provide to the CEO copies of records relating to an apprenticeship or traineeship within a specified timeframe. An employer commits an offence of strict liability if the employer intentionally engages in conduct, and the conduct results in a contravention of the notice. The clause specifies a maximum penalty of 100 penalty units.
Clause 78. Travelling expenses and allowances
This clause enables the CEO to establish a policy as to when travelling expenses and allowances may be paid to an apprentice or trainee who is required to travel to undertake training as part of an approved apprenticeship or approved traineeship, and to approve payment of such expenses and allowances.
Clause 79. Register
This clause requires the CEO to establish and maintain a register of all apprentices and trainees, including their names and their type of apprenticeship or traineeship; details of all approved employers; records of all terminations, cancellations, suspensions or assignments of registered training contracts; and details of all persons who have completed training as specified in the registered training contract.
Part 4 Enforcement powers
Clause 80. Authorised officers
This clause gives the CEO the power to appoint suitable persons as authorised officers, who may or may not be a public sector employee.
Clause 81. Identity card
This clause requires the CEO to give an authorised officer an identity card containing their name, photograph, date of issue and expiry and which must be signed. An identity card issued under this clause does not prevent the issue of a single identity card to a person for this and another Act.
Clause 82. Return of identity card
This clause specifies a person who ceases to be an authorised officer must return the person's identity card to the CEO. It is an offence not to do so, and the offence is of strict liability. A maximum of 20 penalty units applies.
Clause 83. Powers of entry
This clause permits an authorised officer to enter premises where apprentices or trainees are employed. The authorised officer must not enter residential premises without consent of the occupier; they must show their identity card and permit the occupier to examine the card. An authorised officer who does not comply with these rules must leave the premises immediately if requested by the occupier.
Clause 84. Powers of authorised officers on entry
This clause sets out the parameters for an authorised officer who enters a place under clause 83 and what they are permitted to do. This includes inspecting facilities, equipment, work in progress and documents; and directing the occupier to provide information and control machinery.
Clause 85. Offence to contravene direction
This clause applies if a person contravenes a direction or the person intentionally engages in conduct, and the conduct results in a contravention of the direction and the person is reckless in relation to the result. Failure to comply with this clause is an offence of strict liability. A maximum penalty of 100 units applies.
Clause 86. Obstruction of authorised officer
This clause confirms it is an offence if a person intentionally obstructs, hinders, or resists an authorised officer who is acting in an official capacity and the person is aware of this. The offence is of strict liability and maximum penalty of 100 units applies.
Clause 87. Misleading information
This clause specifies that a person commits an offence if the person intentionally gives information to an authorised officer and the person knows the information is misleading, and that the authorised officer is acting in an official capacity. A maximum of 400 penalty units or imprisonment for 2 years applies.
A person commits an offence if they intentionally give a document to an authorised officer who is acting in an official capacity, and the document contains misleading information and the person has knowledge of this.
A maximum of 400 penalty units or imprisonment for 2 years applies.
Both offences are of strict liability. However, the offence does not apply if the person draws the misleading aspect of the document to the other person’s attention and to the extent to which the person can reasonably do so, gives the other person the information necessary to remedy the misleading aspect of the document. The clause notes misleading information means information that is misleading or omitted.
Part 5 Review of decisions
This is a new part that provides for an internal review of reviewable decisions. Clause 93 provides for (external) review by the Northern Territory Civil and Administrative Tribunal (NTCAT) after internal review mechanisms have been exhausted.
Clause 88. Reviewable decisions
This clause confirms a reviewable decision is a decision specified in Schedule 1, and permits the CEO to review a reviewable decision.
The clause defines an affected person for a reviewable decision is a person as specified in Schedule 1, and if an apprentice or trainee under 18 years of age is a person specified in Schedule 1, the affected person is a parent or guardian of the apprentice or trainee.
Clause 89. Notice of delegate decision
This clause applies if a reviewable decision is a delegate decision.
As soon as practicable after making a decision, the delegate must give written notice of the decision to each affected person. The notice must state the delegate decision and the reasons for it; that the affected person may apply for an internal review of the decision, and the period allowed for applying for an internal review.
Clause 90. Application for internal review
This clause permits a person affected by a delegate decision to apply to the CEO for an internal review of the decision. The application is to be made within 28 days, or within additional time allowed by the CEO, after written notice of the delegate decision is given to the affected person.
The application is to be in the approved form, accompanied by the prescribed fees (if any), state the grounds on which it is made and the facts relied on to establish the grounds.
Clause 91. Effect of application on delegate decision
This clause confirms the making of an application under clause 90 does not stay the operation of the delegate decision. However, the CEO may stay the operation of the delegate decision pending completion of the review.
Clause 92. Appointment of internal reviewer
This clause gives the CEO the power to appoint a public sector employee to review a delegate decision. The person who made the delegate decision cannot be the internal reviewer of that decision.
Clause 93. Review of delegate decision by internal reviewer
This clause requires the internal reviewer to review the delegate decision on receipt of an application. The internal reviewer may reject the application without reviewing the delegate decision if it is frivolous or vexatious, outside the time allowed to make application or if the matter is before a court or tribunal. An application is frivolous or vexatious if another affected person has already applied for an internal review of the delegate decision and the application has been rejected or otherwise determined.
Clause 94. Conduct of review by internal reviewer
In reviewing the delegate decision, the internal reviewer must take into account any matters in regulations, follow procedures for review and comply with the rules of natural justice. After reviewing the delegate decision, the internal reviewer must make a recommendation to the CEO to affirm the decision, vary the decision, or set aside the decision and substitute a new decision.
Clause 95. Decision by CEO on internal review
This clause requires the CEO, on receipt of a recommendation from the internal reviewer, to either affirm the decision, vary the decision, or set aside the decision and substitute a new decision. The CEO is not bound by the recommendation made by the internal reviewer.
Clause 96. Notice of decision of CEO
This clause requires the CEO to give written notice of the decision to the applicant and to each person who could have applied for an internal review as soon as practicable after making the decision. The written notice must state the CEO decision and the reasons for it; and details of any right the person has under this Act to apply to the Tribunal for a review of the CEO decision.
Clause 97. Tribunal reviews
This section gives the Northern Territory Civil and Administrative Tribunal jurisdiction to review a reviewable decision that is not a delegate decision, a decision to reject an application and a decision by the CEO after internal review. A Tribunal affected person for a reviewable decision that is not a delegate decision is a person specified in Schedule 1 or if an apprentice or trainee who is under 18 years of age is a person specified in Schedule 1
- a parent or guardian of the apprentice or trainee. A Tribunal affected person can also be a person whose application was rejected or any other person that could have applied for a review of a reviewable decision.
Any Tribunal affected person may apply to the Tribunal for a review of the decision.
Part 6 Miscellaneous matters
Clause 98. Protection from liability
This clause protects a range of people (the Commission, CEO,
CEO delegate or internal reviewer) acting and performing functions under the Training and Skills Development Act. The section provides for the protection of a person from civil and criminal liability where the person exercises a power or performs a function under the Act in good faith.
The clause does not affect any liability the Northern Territory or the Commission would, apart from the above, have for the act or omission.
Exercise, in the exercise of a power, includes the purported exercise of the power. Similarly, performance, in the performance of a function, includes the purported performance of the function.
Clause 99. Unauthorised disclosure of confidential information
This clause makes it an offence if a person obtains information in the course of performing functions connected with the administration of this Act, and the person intentionally engages in conduct, and the conduct results in the disclosure of the information. This is an offence of strict liability and a penalty of 200 penalty units or imprisonment for 2 years applies. The offence does not apply if the person discloses the information for the administration of this Act, with the consent of the person to whom the information relates; for legal proceedings arising out of the operation of this Act; or if the information is otherwise available to the public. In addition to the circumstances mentioned, a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law.
Clause 100. Prosecution
This clause gives the CEO, or a person authorised by the CEO, the power to commence a prosecution for an offence under this Act. A document apparently signed by the CEO authorising a person to commence a particular prosecution is, in the absence of proof to the contrary, proof of the fact as stated.
Clause 101. Time for commencing prosecution
This clause provides the timeframe within which a prosecution for an offence under this Act must be commenced, the timeframe being within 6 months of the alleged offence coming to the knowledge of a police officer or the CEO.
Clause 102. Criminal liability of executive officer of body corporate
This clause enables the prosecution of an executive officer of a body corporate if the body corporate commits an offence by contravening a provision of this Act and the executive officer did not try to influence or take steps to prevent the contravention. This clause outlines the matters a court must consider in deciding if the executive officer took or failed to take steps to prevent the contravention, noting this does not limit the matters the court may consider. This section does not affect the liability of the body corporate and applies whether or not the body corporate is prosecuted for or convicted of the relevant offence. This section does not apply if the body corporate has defence to a prosecution. A maximum penalty may be imposed on an individual for the relevant offence.
Clause 103. Offence - other partners and managers taken to have committed offence of partner
Under this clause, if a person in a partnership commits an offence against a provision in the Act, each other partner is taken to have committed the offence and is liable to the same penalty as the person. Other partners are not seen as committing the offence if they were not in a position to influence the person, or the partner took steps to prevent the conduct of the offence. This section does not affect the liability of the person and applies whether or not the person is prosecuted for or convicted of the offence. This section does not apply if the person has a defence to a prosecution.
Clause 104. Offence - managers of unincorporated associations taken to have committed offence of other manager
Under this clause, if a person who is involved in the management of an unincorporated association commits an offence against a provision in the Act, each other person who is involved in the management of the unincorporated association is taken to have committed the offence and is liable to the same penalty as the person. Other persons are not seen as committing the offence if they were not in a position to influence the person, or the other persons took steps to prevent the conduct of the offence.
This section does not affect the liability of the person and applies whether or not the person is prosecuted for or convicted of the offence. This section does not apply if the person has a defence to a prosecution.
Clause 105. Giving of notices
This clause outlines how a notice can be given to a person, which can be by hand, by post, by leaving it with a person apparently over the age of
16 years at the last-known or usual place of residence or business of the person to whom it is to be given, or if the address is now known, by publishing the notice in the Gazette.
Clause 106. Approved forms
This clause gives the CEO the power to approve forms as may be required for this Act.
Clause 107. Regulations
This clause provides for the Administrator to make regulations under this Act as required.
Part 7 Repeals and transitional matters
Division 1 Acts repealed
Clause 108. Acts repealed
This clause repeals the Acts specified in schedule 2 which were in force before the commencement of this Act.
Division 2 Transitional matters for Training and Skills Development Act 2016
Clause 109. Definitions
This clause provides for commencement to mean commencement of this Act, and for the repealed Act to mean the Northern Territory Employment and Training Act as in force immediately before commencement.
Clause 110. Continuation of certain things and offices
This clause confirms the continuation of the following matters despite the repeal of the previous Act: a registered training agreement, now a registered training contract; a training schedule, now a training plan; an approved apprenticeship which is now approved apprenticeship or approved traineeship; an approved employer; a probationary period for a training agreement, now the probationary period for a training contract; apprentices who commenced are now apprentices and trainees; the register of apprenticeships and traineeships; an application for registration of a training agreement, now a training contract; an appointed authorised officer; a suspended training agreement, now a suspended training contract; an application to the Appeals and Review Tribunal may continue to be determined by that Tribunal.
Clause 111. Offences - before and after commencement
Under this clause, offences committed under the repealed Act continue to apply under that Act. The Training and Skills Development Act 2016 applies only to offences committed after its commencement.
Part 8 Consequential amendments
Clause 112. Laws amended
This clause amends the laws mentioned in Schedule 3 which are other laws that reference the Northern Territory Employment and Training Act and should now reference the new Training and Skills Development Act 2016.
Clause 113. Expiry of Part
This clause confirms this Part expires on the day after it commences.
Schedule 1 Reviewable decisions
Schedule 1 lists the reviewable decisions and associated affected persons relevant to this Act.
Schedule 2 Repealed Acts
Schedule 2 lists the Acts repealed by the Training and Skills Development Act 2016.
Schedule 3 Other laws amended
Schedule 3 sets out the consequential amendments required to other laws as a result of the repeal of the Northern Territory Employment and Training Act and the commencement of the Training and Skills Development Act 2016.