South Australian Skills Act 2008

In this Act, unless the contrary intention appears—

accredited—see subsection (3);

apprentice means a person who is being trained under an apprenticeship pursuant to a training contract that is in force;

AQF means the policy framework entitled "Australian Qualifications Framework" that defines qualifications recognised nationally in post‑compulsory education within Australia, as approved by the Ministerial Council on

Education, Employment, Training and Youth Affairs from time to time;

ASQA means Australian Skills Quality Authority established under the National Vocational

Education and Training Regulator Act 2011 of the

Commonwealth;

Commission means the South Australian Skills

Commission established under

Part

3;

compliance notice means a compliance notice issued under section 63;

condition includes a limitation or restriction;

contravene includes fail to comply with;

Department means the administrative unit of the

Public Service assisting a Minister in the administration of this

Act;

declared vocation means an occupation declared under section 6 to be a declared vocation for the purposes of this Act;

employer, in relation to a training contract, means an employer who is a party to the training contract;

employer's obligations under the training contract—see section 54J;

higher education—see subsection (2);

Higher Education Standards means the Higher

Education Standards Framework (Threshold Standards) 2015 made under the

Tertiary Education Quality and Standards

Agency Act 2011 of the Commonwealth, as in force from time to time;

host employment arrangement means an arrangement under which the employer of an apprentice or trainee places the apprentice or trainee with another person or body for particular training required under a training contract or training plan;

nominated training organisation—see section 54P;

prohibited employer means an employer with respect to whom a declaration is in force under section 54B, and includes—

in the case of an employer that is a body corporate—any person who, when the body corporate became a prohibited employer, was a director of the body corporate or was concerned in the management of the body corporate; and

in the case of an employer that is a partnership—any person who, when the partnership became a prohibited employer, was a partner in the partnership or was concerned in the management of the partnership;

qualification means a VET qualification within the meaning of the National Vocational

Education and Training Regulator Act 2011 of the

Commonwealth;

recognised higher education provider means a body established and recognised as a higher education provider by or under the law of the State, or of the Commonwealth or another State or

Territory;

Register means the South Australian Skills

Register;

registered means registered under

Part

4Division 3A, and a reference to a

registered employer has a corresponding meaning;

registered training organisation means a registered training organisation within the meaning of the

National Vocational Education and

Training Regulator Act 2011 of the Commonwealth;

repealed Act means the

Training and Skills Development

Act 2003 repealed under

Schedule

2;

SAET means the South Australian Employment

Tribunal established under the South

Australian Employment Tribunal Act 2014;

scope of the registration, in relation to a registered employer, means the declared trades or vocations in relation to which the employer may enter into a training contract, as determined by the conditions imposed on the registration;

South Australian Skills Standards or

Standards means the South Australian Skills Standards prepared under section 26, as in force from time to time;

State university means a university established under an Act of this State;

TEQSA means the Tertiary Education Quality and

Standards Agency established under the Tertiary Education Quality and Standards Agency Act

2011 of the Commonwealth;

trade means an occupation declared under section 6 to be a trade for the purposes of this

Act;

trainee means a person who is being trained in a traineeship pursuant to a training contract that is in force;

training contract means—

a training contract approved under section 48; or

a training contract transferred from another jurisdiction under section 48A, as in force from time to time;

training plan, for an apprentice or trainee, means a training plan for the apprentice or trainee prepared and endorsed under section 54Q, as in force from time to time;

Tribunal means the South Australian Civil and

Administrative Tribunal established under the South Australian Civil and Administrative Tribunal

Act 2013;

vocational education and training—see subsection (2).

For the purposes of this Act—

education in relation to which qualifications are issued under the higher education provisions of the AQF is higher education;

education and training for work in relation to which qualifications and statements of attainment are issued under the vocational education and training provisions of the AQF is vocational education and training;

education and training services provided to persons holding a student visa within the meaning of the Education Services for Overseas Students Act

2000 of the Commonwealth are education services for overseas students.

For the purposes of this Act, a course is accredited if it is a VET accredited course within the meaning of the National Vocational Education and Training Regulator Act

2011 of the Commonwealth.

A reference in this Act to a particular agreement, policy framework or protocol defined in subsection (1) is—

a reference to the agreement, policy framework or protocol as amended from time to time; or

if the regulations declare a document to be in substitution for the agreement, policy framework or protocol—a reference to the substituted document as amended from time to time.