Training and Skills Development Act 2016

(1) The parties to a registered training contract may jointly apply to the CEO, in the approved form, for approval to assign the contract, either temporarily or permanently, to another approved employer.

(2) The CEO may grant the approval (subject to the conditions, if any, that the CEO considers appropriate) or refuse to grant the approval.

(3) The CEO must, as soon as reasonably practicable after receiving an application under subsection (1), give written notice to the parties stating the following:

(b) if the decision is to grant the approval – the conditions, if any, to which the grant of the approval is subject;

(c) if the decision is to refuse to grant the approval – the reasons for the refusal.

(4) The CEO must, at the same time as the CEO gives a notice mentioned in subsection (3)(b) to the parties, give a copy of the notice to the employer to whom the registered training contract is proposed to be assigned.

(5) An approval that is subject to conditions that are to be complied with before a registered training contract may be assigned does not have effect until those conditions are complied with.

(6) A purported assignment of a registered training contract without the approval of the CEO is of no effect.

(7) If the CEO approves an application for the assignment of a registered training contract, the following must, within 14 days after the approval, sign a document in the approved form for assigning the contract (an assigning document):

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

(8) A registered training contract is taken to have been assigned if:

(a) the apprentice or trainee is employed for more than 14 days by the employer to whom the assignment of the contract has been approved under this section; and

(b) an assigning document has not been signed as required by subsection (7) within that period of 14 days.

(9) An assignment of a registered training contract is taken to come into effect on the day on which the apprentice or trainee starts employment with the employer to whom the contract is, or is taken to be, assigned.

(10) The CEO may give any directions that the CEO considers appropriate in relation to how a registered training contract may be assigned.

(c) the conduct results in a contravention of the direction and the person is reckless in relation to the result.

Maximum penalty: 100 penalty units.

(13) The CEO may require an employer to whom a registered training contract is assigned to sign a new training contract that, when registered by the CEO, is to be the registered training contract in place of the assigned training contract.