South Australian Skills Act 2008

This section applies to a training contract where the registration of the employer in relation to the training contract—

has been cancelled under section 54G; or

has been suspended under section 54G; or

has been varied (whether under section 54G or otherwise) such that it is no longer, in the opinion of the Commission, appropriate that the employer continues as the employer in relation to the training contract.

The Commission may, on its own motion or on the application of a party to the training contract, substitute an employer in relation to a training contract to which this section applies if—

the proposed employer consents to the substitution;

and

the proposed employer is not a prohibited employer;

and

the proposed employer is—

a registered employer; and

operating within the scope of the registration of the employer;

and

complying with any other condition of the registration.

Despite subsection (2)(c), the Commission may approve a substitution despite a proposed employer not being a registered employer if the proposed employer has applied for registration under this Division, but that application has not yet been determined.

A substitution of an employer under this section may be permanent, or for a period specified by the Commission.

The following provisions apply where an employer is substituted under this section:

the employment of the apprentice or trainee to which the training contract relates continues as employment with the new employer;

the training contract continues in force, subject to the substitution;

any rights, obligations and liabilities of the former employer in respect of the training contract are, by force of this paragraph, transferred to the new employer.