South Australian Skills Act 2008

The Commission may, by notice in writing and in accordance with any requirements set out in the regulations, declare an employer to be a

prohibited employer if the Commission reasonably believes the employer is not a suitable person to employ an apprentice or trainee.

In determining whether or not an employer is suitable to employ an apprentice or trainee, the Commission must have regard to the following:

whether the employer is able to provide, or arrange to provide, an apprentice or trainee with the facilities, range of work, supervision and training required under a training plan for the apprentice or trainee;

the employer's record in delivering training to apprentices or trainees;

whether the employer behaves, or permits their employees to behave, in an objectionable way towards apprentices or trainees;

whether the employer has contravened this Act, or any other Act (whether of the State another State or Territory or the Commonwealth) relating to employment;

the criminal history of the employer;

whether the employer is a fit and proper person to employ an apprentice or trainee;

any other matter prescribed by the regulations, and may have regard to any other matter the Commission considers relevant to the decision whether or not to declare the employer to be a prohibited employer.

A declaration under this section—

may be conditional or unconditional;

may be for a stated or indefinite period.

The Commission may, by notice in writing, vary or revoke a condition of a declaration.