Declaration as prohibited employer
40 Declaration as prohibited employer
(1) The CEO may declare an employer to be a prohibited employer if the CEO is satisfied that the employer is not a suitable person to employ an apprentice or trainee.
The declaration may be in force for:
a period specified in it; or
an indefinite period.
(3) The declaration must state that the employer must not employ any apprentice or trainee while the declaration is in force.
(4) In deciding whether or not the employer is suitable to employ an apprentice or trainee, the CEO must have regard to the following:
(a) the employer's ability to provide, or arrange to provide, an apprentice or trainee with the premises, equipment, method of training and supervision required under a training plan for the apprentice or trainee;
(b) the employer's record in delivering training to apprentices or trainees;
(c) the past behaviour of the employer, or of an employee of the employer, towards an apprentice or trainee;
(d) whether the employer has contravened an Act of the Territory, a State, another Territory or the Commonwealth relating to employment including:
this Act; and
(ii) the Northern Territory Employment and Training Act 1999 (repealed); and
(iii) the Work Health and Safety (National Uniform Legislation) Act 2011; and
the Fair Work Act 2009 (Cth);
whether the employer has been convicted of an indictable offence;
(f) any other matter the CEO considers relevant to the decision whether or not to declare the employer to be a prohibited employer.
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