Apprenticeship and Traineeship Act 2001

A person may apply to the Commissioner for recognition of the person’s qualifications or experience in a particular recognised trade vocation.

The Commissioner may require the applicant to undergo an assessment by a registered training organisation nominated by the Commissioner to determine whether the applicant has acquired the competencies of the recognised trade vocation (an independent competency assessment).

A registered training organisation may not be nominated to conduct an independent competency assessment if the organisation has previously provided training to the applicant in the recognised trade vocation.

The Commissioner may refuse to deal with the application if the applicant fails to comply with a requirement to undergo an independent competency assessment.

If the report of an independent competency assessment specifies that the applicant requires further training to acquire the competencies of the recognised trade vocation, the Commissioner may refuse to determine the application until the Commissioner is satisfied that the applicant has satisfactorily completed the training.

The Commissioner may seek expert advice in connection with the application from any person who, in the Commissioner’s opinion, has special knowledge of, and experience in, the recognised trade vocation.

The regulations may provide that the Commissioner must, in specified circumstances, seek expert advice in connection with an application under this section from specified persons or classes of persons.

The Commissioner may provide to the Australian Skills Quality Authority a copy of the report of an independent competency assessment (including any information contained in the report that is personal information under the Privacy and Personal Information Protection Act 1998 or health information under the Health Records and Information Privacy Act 2002).