​​​​​​Discipline

ATIS-012
Version 5
June 2018
Discipline (PDF, 217KB)

Information t​o ​​​get started

A range of disciplinary actions can be pursued if the Department of Employment, Small Business and Training believe the employer and/or apprentice/trainee have engaged in misconduct (as defined under Section 41 of the Further Education and Training Act 2014) or contravened the Act or the training contract. The department may make any of the following orders to:

  • reprimand the employer and/or apprentice/trainee
  • impose a fine.

Examples of misc​ond​uct​

Examples of misconduct relating specifically where the apprentice or trainee does not:

  • ​Carry out a reasonable and lawful instruction given by their employer, their employer's agent, their supervising registered training organisation (SRTO) or the department.
  • Attend work and do his or her job.
  • Work towards achieving the qualification or statement of attainment stated in the training contract.
  • Participate in training and assessment required under the training plan.
  • Keep the training record as required.
  • Produce the training record for inspection when requested by their employer, SRTO or the department.

Examples of misconduct relating specifically where the employer:

  • ​Fails to carry out reasonable and lawful instruction that is consistent with the party's obligations under the training contract given by the department.
  • Does not update the training record as required.
  • Fails to provide, or arrange to provide, the apprentices or trainee with the facilities, range of work, supervision and training as required under the training plan or prescribed by regulation.
  • Directly or indirectly obstructs or discourages the apprentice or trainee from participating in training required under the training plan.
  • Fails to advise the department of notifiable events affecting the training contract that include:
    • sale or disposal of the business and/or partnership
    • if the employer is a partnership and the partnership is dissolved
    • deciding the apprentice or trainee is unlikely to meet the requirements of the training plan within the nominal term of the training contract
    • employment of the apprentice or trainee has ceased.​

For further in​​formation

Phone Apprenticeships Info on 1800 210 210.

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Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0) (https://creativecommons.org/licenses/by/3.0/au/ )
Last updated
13 June 2018