Northern Territory Numbered Acts

TRAINING AND SKILLS DEVELOPMENT ACT 2016 (NO 25 OF 2016)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Object of Act  
   4.      Definitions  
   5.      Apprentices  
   6.      Trainees  
   7.      Act binds Crown  
   8.      Application of Criminal Code  

   PART 2--ADMINISTRATION

           Division 1--The Minister

   9.      Minister's responsibility for VET  
   10.     Delegation by Minister  

           Division 2--Northern Territory Training Commission

   11.     Establishment of Commission  
   12.     Functions of Commission  
   13.     Powers of Commission  
   14.     Membership of Commission  
   15.     Termination of appointment  
   16.     Costs and expenses of Commission  
   17.     Commission accountable to Minister  
   18.     Commission subject to Ministerial direction  
   19.     Exercise of power not invalid  
   20.     Calling of meetings  
   21.     CEO to advise Commission at meetings  
   22.     Quorum  
   23.     Presiding at meeting of Commission  
   24.     Voting at meeting of Commission  
   25.     Records of meetings  
   26.     Disclosure of personal interest  
   27.     Effect of personal interest  
   28.     Annual report  

           Division 3--The CEO

   29.     Functions of CEO  
   30.     Powers of CEO  
   31.     CEO subject to Ministerial direction  
   32.     Delegation by CEO  

   PART 3--APPRENTICESHIPS AND TRAINEESHIPS

           Division 1--Approval by CEO

   33.     CEO to consider industry needs  
   34.     Approval of nationally recognised qualifications  
   35.     List of approved nationally recognised qualifications  
   36.     Approval of types of apprenticeships or traineeships  

           Division 2--Employers must be approved to employ apprentices or trainees

   37.     Approval before employing apprentice or trainee  
   38.     Approval of employer  
   39.     Variation or revocation of approval of employer  

           Division 3--Prohibited employers

   40.     Declaration as prohibited employer  
   41.     CEO must give show cause notice before making declaration  
   42.     Notice of decision about declaration after show cause notice  
   43.     Revocation of declaration as prohibited employer  
   44.     Prohibited employer not to contravene declaration  

           Division 4--Training contracts

              Subdivision 1--Registration of training contracts

   45.     Training contracts  
   46.     Probationary period of training contract  
   47.     Training contract for apprenticeship or traineeship  
   48.     Registration of training contract  
   49.     Submission of training contract for registration  
   50.     Registration of training contracts  
   51.     Registration of multiple contracts  
   52.     Cancellation of registration of training contract  
   53.     Parties bound by training contracts  

              Subdivision 2--Training plans

   54.     Training plans  
   55.     Offence if training plan not submitted to CEO  
   56.     Recognition of qualifications and statements of attainment  
   57.     Approval of RTO  
   58.     Approval before providing training for course or training package qualification  
   59.     Variation or revocation of approval  

              Subdivision 3--Termination, cancellation and suspension of training contracts

   60.     Termination of training contract during probationary period  
   61.     Cancellation of registered training contract by parties  
   62.     Suspension of registered training contract by parties  
   63.     Suspension of training contract by CEO  

              Subdivision 4--Assignment of registered training contracts

   64.     Assignment of registered training contract  
   65.     Probationary period of assigned contract  

              Subdivision 5--Awards under registered training contracts

   66.     Statement of attainment  
   67.     Award of VET qualification  
   68.     Resolution of disputes  

           Division 5--Wages of apprentice or trainee

   69.     Rate of wages of apprentices and trainees  
   70.     Apprentices and trainees to be paid at determined rate  
   71.     Slackness of trade  
   72.     Stand down  
   73.     Proceeding for recovery of wages or other remuneration  

           Division 6--Employer obligations

   74.     Hindering compliance with requirement  
   75.     Progress records  
   76.     Requirement to keep specified records  
   77.     Requirement to provide copies of records  
   78.     Travelling expenses and allowances  
   79.     Register  

   PART 4--ENFORCEMENT POWERS

   80.     Authorised officers  
   81.     Identity card  
   82.     Return of identity card  
   83.     Powers of entry  
   84.     Powers of authorised officers on entry  
   85.     Offence to contravene direction  
   86.     Obstruction of authorised officer  
   87.     Misleading information  

   PART 5--REVIEW OF DECISIONS

   88.     Reviewable decisions  
   89.     Notice of delegate decision  
   90.     Application for internal review  
   91.     Effect of application on delegate decision  
   92.     Appointment of internal reviewer  
   93.     Review of delegate decision by internal reviewer  
   94.     Conduct of review by internal reviewer  
   95.     Decision by CEO on internal review  
   96.     Notice of decision of CEO  
   97.     Tribunal reviews  

   PART 6--MISCELLANEOUS MATTERS

   98.     Protection from liability  
   99.     Unauthorised disclosure of confidential information  
   100.    Prosecution  
   101.    Time for commencing prosecution  
   102.    Criminal liability of executive officer of body corporate  
   103.    Offence – other partners and managers taken to have committed offence of partner  
   104.    Offence – managers of unincorporated associations taken to have committed offence of other manager  
   105.    Giving of notices  
   106.    Approved forms  
   107.    Regulations  

   PART 7--REPEALS AND TRANSITIONAL MATTERS

           Division 1--Acts repealed

   108.    Acts repealed  

           Division 2--Transitional matters for Training and Skills Development Act 2016

   109.    Definitions  
   110.    Continuation of certain things and offices  
   111.    Offences – before and after commencement  

   PART 8--CONSEQUENTIAL AMENDMENTS

   112.    Laws amended  
   113.    Expiry of Part  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3