Training and Skills Development Act 2016

(1) The object of this Act is to enable the provision in the Territory of nationally recognised vocational education and training that:

(a) meets the present and future needs of government, industry and the community; and

(a) recognises that the providers of vocational education and training, and the courses they provide, are regulated in the Territory under a Commonwealth Act that seeks to provide for national consistency in that regulation; and

(b) recognises the importance of protecting and enhancing quality, flexibility, innovation, transparency, access, equity, efficiency, effectiveness and responsiveness in vocational education and training in the Territory; and

(c) recognises the importance for the economic prosperity of the Territory of a strong vocational education and training sector that grows and develops; and

(d) seeks to ensure that the delivery of vocational education and training in the Territory is kept under continuous review so that any necessary reforms to it can be quickly implemented.

In this Act:

acting in an official capacity, in relation to an authorised officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

affected person, see section 88(2).

apprentice, see section 5.

apprenticeship means employment-based training undertaken by an apprentice.

approved apprenticeship means an apprenticeship of a type approved under section 36.

approved employer means an employer approved under section 38.

approved form means a form approved under section 106.

approved qualification means a nationally recognised qualification approved under section 34.

approved RTO means an RTO approved under section 57.

approved traineeship means a traineeship of a type approved under section 36.

authorised officer means a person appointed under section 80 as an authorised officer.

CEO means the Chief Executive Officer.

certifiable component, in relation to a nationally recognised qualification that an employee is seeking to attain, means a component of the qualification in respect of which:

(a) if the employee attains the component and all of the other components of the qualification – a VET qualification must be awarded under section 67; or

(b) if the employee attains the component but does not attain all of the other components of the qualification – a statement of attainment must be issued under section 66(2).

Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 (Cth).

delegate decision means a reviewable decision that is made by a delegate of the CEO.

internal reviewer means a public sector employee appointed under section 92(1) to review a delegate decision and to make a recommendation to the CEO in relation to the decision under section 94(2).

nationally recognised qualification means a qualification specified in a VET accredited course or in a training package.

parties, in relation to a training contract, means:

(c) if the apprentice or trainee is under 18 years of age – a parent or guardian of the apprentice or trainee.

prohibited employer means an employer declared to be a prohibited employer under section 40.

registered training contract means a training contract registered under section 50(1).

registered training organisation, see section 3 of the Commonwealth Act.

reviewable decision, see section 88(1).

RTO means a registered training organisation.

show cause notice, see section 41.

trainee, see section 6.

traineeship means employment-based training undertaken by a trainee.

training contract, see section 45(1).

training package means an integrated set of competency standards and assessment guidelines leading to the award of the nationally recognised qualification specified in the package.

training package qualification, in relation to a training package, means the nationally recognised qualification specified in the training package.

training plan, see section 54(1).

Tribunal means the Northern Territory Civil and Administrative Tribunal.

Tribunal affected person, see section 97(3).

type, of apprenticeship or traineeship, means a type of apprenticeship or traineeship approved under section 36(1).

VET means vocational education and training.

VET accredited course, see section 3 of the Commonwealth Act.

VET qualification means a formal certification awarded to a person confirming that the person has attained the level of competency or skill specified in each of the certifiable components of a nationally recognised qualification.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(1) An employee who is seeking to attain a nationally recognised qualification that is an approved qualification and that may be attained through being trained in an approved apprenticeship is an apprentice if a training contract for the approved apprenticeship has been signed by the persons mentioned in section 45(3).

(b) the employment of the person in the approved apprenticeship is not covered by an approval under section 38.

(3) An employee ceases to be an apprentice if the CEO decides to refuse to register the training contract under section 50(1).

(1) An employee who is seeking to attain a nationally recognised qualification that is an approved qualification and that may be attained through being trained in an approved traineeship is a trainee if a training contract for the approved traineeship has been signed by the persons mentioned in section 45(3).

(b) the employment of the person in the approved traineeship is not covered by an approval under section 38.

(3) An employee ceases to be a trainee if the CEO decides to refuse to register the training contract under section 50(1).

The following are the functions of the CEO:

(i) to instrumentalities and agencies of the Crown in the Territory and, on request by the instrumentality or agency, to any similar instrumentality or agency elsewhere in Australia; and

(d) any other functions conferred on the CEO by this or any other Act.

Note for section 29

The Minister may give directions to the CEO under section 31 with respect to the performance of the CEO's functions, or under the Financial Management Act 1995 with respect to the performance of the CEO's function under paragraph (b).

(1) The Minister may, either generally or in relation to a particular matter, give directions to the CEO with respect to the exercise of the CEO's powers or the performance of the CEO's functions.

(2) A direction is to be given by written notice addressed to the CEO.

(4) However, the CEO cannot be given a direction that is not permitted to be given to a CEO under the Public Sector Employment and Management Act 1993 or any other Act.