Legislation
A number of Commonwealth and State Acts of Parliament relate to the administration of apprenticeships and traineeships and the training of apprentices and trainees.
Apprenticeship and Traineeship Act 2001
(Administered by the NSW Department of Education and Training)
Apprenticeship and Traineeship Act 2001 replaces the Industrial Commercial Training Act 1989 from January 01 2002.
This Act relates directly to the administration of apprenticeships and traineeships in NSW. It provides for the recognition of trade vocations and traineeships vocations, defines the roles of the Commissioner for Vocational Training and the NSW Vocational Training Tribunal, and sets out roles and responsibilities of employers, apprentices and trainees.
For more information visit the Information Kit section and download publications on the key features of the new Act and comparision of legislations between the new Act and the ICT Act.
For more information on procedural requirements for apprenticeeship and traineeships refer to Advice and Instructions section.
For enquires on the new Act visit the Customer Enquiry Centre.
Industrial and Commercial Training Act 1989 (NSW)
(Administered by the NSW Department of Education and Training)
Act has been replaced by the Apprenticeship and Traineeship Act 2001.
Vocational Education and Training Accreditation Act 1990 (NSW)
(Administered by the NSW Department of Education and Training)
This Act sets out the constitution of the Vocational Education and Training Accreditation Board, its role and functions, including those relating to the registration of training organisations, the accrediting of courses, the appointment of advisory committees and the delegation of authority to other parties.
For more information about the Vocational Education and Training Accreditation Act, visit the NSW Consolidated Acts web site.
Board of Vocational Education and Training Act 1994 (NSW)
(Administered by the NSW Department of Education and Training)
This Act sets out the constitution of the NSW Board of Vocational Education and Training, its role and functions, including those relating to the appointment of advisory committees and delegation of authority to other parties.
For more information about the Board of Vocational Education and Training Act, visit the NSW Consolidated Acts web site.
NSW Industrial Relations Act 1996
(Administered by the NSW Department of Industrial Relations)
The NSW Industrial Relations Act 1996 provides for a centralised award-based arbitration system with provisions for enterprise bargaining. The Act provides for the regulation of industrial matters, including the requirement that employers maintain records of time worked by apprentices and/or trainees and the wages they are paid.
For more information about the NSW Industrial Relations Act, visit the NSW Consolidated Acts web site.
The NSW Workplace Injury Management and Workers' Compensation Act 1998
(Administered by the NSW Department of Industrial Relations)
The NSW Workplace Injury Management and Workers Compensation Act 1998 aims to create a more cost-effective system of workplace injury management - a system designed to achieve a timely, safe and lasting return to work for injured workers (including trainees/apprentices).
The Act requires:
- employees (or trainees/apprentices) to notify the employer of any workplace injury as soon as possible
- the employer to notify the insurer within 48 hours of becoming aware of any injury
- employees, employers, the insurer and treating doctors to cooperate in developing and implementing injury management plans for the return to work of injured employees.
Most of the conditions of the Workers' Compensation Act 1987 have been retained. These are to:
- send injured workers' compensation claim forms to the insurer within seven days
- appoint and train a rehabilitation coordinator and establish a workplace rehabilitation program
- arrange for the development of a return to work plan or provide suitable duties if workers cannot return to their normal job
- not dismiss injured workers because of their injury within six months of the date of injury.
For more information about the NSW Workplace Injury Management and Workers' Compensation Act, visit the NSW Consolidated Acts web site.
Workplace Relations Act 1996 (Commonwealth)
(Administered by the Department of Employment, Workplace Relations and Small Business)
This legislation provides for awards, certified agreements and Australian Workplace Agreements.
For more information about the Workplace Relations Act, visit the NSW Consolidated Acts web site.
Anti-Discrimination Legislation
The following Acts make it illegal to discriminate against people in the area of employment:
- Anti-Discrimination Act 1977 (NSW)
- Racial Discrimination Act 1975 (Commonwealth)
- Sex Discrimination Act 1984 (Commonwealth)
- Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth)
Affirmative Action (Equal Employment Opportunity for Women) Act 1986 (Commonwealth)
(Administered by the Affirmative Action Agency)
This Act covers all private sector employers, community organisations, non-government schools, unions and group training schemes with 100 or more employees. All institutions of higher education are also covered.
Affirmative action is defined as a systematic means, determined by the employer in consultation with senior management, employees and unions, of achieving equal employment opportunity for women. Affirmative action is compatible with appointment and promotion on the basis of merit, skills and qualifications.
Occupational Health and Safety Act 1983 (NSW)
(Administered by NSW WorkCover Authority)
The Occupational Health and Safety Act outlines the general health and safety requirements of workplaces. Under the provisions of the Act, employers must ensure the health, safety and welfare of employees by:
- providing and maintaining safe systems of work
- providing and maintaining safe equipment
- ensuring the safe use, handling, storage and transport of equipment and substances
- providing any information, instruction, training and supervision that is needed to ensure the health and safety of employees
- maintaining workplaces in a safe condition
- providing and maintaining safe entrances and exits
- making adequate information available to employees about research and relevant tests of substances used in the workplace.
More information about the legislation listed above can be obtained from the department or authority administering the legislation.
For more information about the Occupational Health and Safety Act, visit the NSW Consolidated Acts web site.