South Australian Skills Act 2008

This section applies to the substitution of an employer in relation to a training contract under section 54N.

A proposed employer in relation to a training contract must, in accordance with any requirements set out in the regulations or the South

Australian Skills Standards, pay to the previous employer in relation to the training contract the prescribed transfer fee for a business of the relevant size.

An amount payable to a previous employer under this section may be recovered by the previous employer as a debt in a court of competent jurisdiction.

The Governor may, by regulation, exempt a specified proposed employer, or proposed employers of a specified class, from the operation of this section.

Nothing in this section affects any cause of action or other right that an employer may have arising out of, or relating to, a training contract.

For the purposes of this section, the size of a business is to be determined as follows:

if the business employs or otherwise engages not more than

20 people, the business will be taken to be a small business;

if the business employs or otherwise engages more than

20 people, the business will be taken to be a medium to large business.

In this section—

previous employer in relation to a training contract, means the employer in relation to the training contract immediately preceding the substitution of a proposed employer under section 54N;

proposed employer, in relation to a training contract, has the same meaning as in section 54N.