His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Industrial and Commercial Training Act 1989.
JOHN AQUILINA, M.P.,Minister for Education and Training
1 Name of Regulation
This Regulation is the Industrial and Commercial Training Regulation 2000.
2 Commencement
This Regulation commences on 1 September 2000.Note—This Regulation replaces the Industrial and Commercial Training (General) Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
(1) In this Regulation:the Act means the Industrial and Commercial Training Act 1989.(2) The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
4 Witnesses’ expenses
For the purposes of section 75 of the Act, the allowances and expenses payable to a person who is required to attend or to give evidence at a hearing under Part 4 of the Act are the same as the allowances and expenses payable to a witness in proceedings under the Local Courts (Civil Claims) Act 1970.
5 Appeals
(1) For the purposes of section 86 of the Act, an appeal is to be made by way of a written notice of appeal lodged at, or sent by post to, any of the offices of the Department.(2) In the case of an appeal referred to in section 86 (c) of the Act, a copy of the notice of appeal must be given to the apprentice or trainee, and to the current employer of the apprentice or trainee, within 7 days after the appeal is made.(3) In the case of an appeal referred to in section 86 (d) or (e) of the Act, a copy of the notice of appeal must be given to the other party to the apprenticeship or traineeship within 7 days after the appeal is made.(4) In the case of an appeal referred to in section 86 (h) or (i) of the Act, a copy of the notice of appeal must be given to the other party or parties to the hearing of the complaint within 7 days after the appeal is made.
6 Certificates of identification
The prescribed form for a training officer’s certificate of identification referred to in section 89 (6) of the Act is as follows:INDUSTRIAL AND COMMERCIAL TRAINING ACT 1989CERTIFICATE OF IDENTIFICATIONI, the Commissioner for Vocational Training, certify that the holder of this certificate, ................................... whose photograph and signature appear below, is a training officer for the purposes of the Industrial and Commercial Training Act 1989.
7 Progress cards
(1) An employer:(a) must complete a progress card for each trainee apprentice employed by the employer, and(b) must retain each such card at the place where the trainee apprentice is employed, and(c) must produce any such card for inspection on demand made by a training officer, and(d) must return each such card to the Commissioner:(i) if the apprenticeship concerned is cancelled, suspended or completed, or(ii) if the Commissioner so requests by notice in writing given to the employer.(2) A progress card is to be in the form approved for the time being by the Commissioner and must be completed in accordance with any directions shown on the card.
8 Nomination of appointed members
(1) For the purposes of clause 2 (a) of Schedule 3 to the Act:(a) the prescribed persons or bodies to nominate candidates for appointment as members of the Board to represent employers in a particular declared trade or declared calling are all employers, and all associations or industrial organisations of employers, that are parties to an industrial award or agreement relating to the employment of apprentices or trainees in that trade or calling, and(b) the prescribed manner of nominating candidates for appointment as members of the Board to represent employers in that trade or calling is for the persons or bodies prescribed by paragraph (a) in respect of that trade or calling to jointly nominate in writing:(i) on the request of the Minister, orup to 3 candidates from whom the Minister must appoint at least one member in respect of that trade of calling.(ii) on the occurrence of a vacancy in the office of the member previously appointed in respect of that trade or calling,(2) For the purposes of clause 2 (b) of Schedule 3 to the Act:(a) the prescribed persons or bodies to nominate candidates for appointment as members of the Board to represent employees in a particular declared trade or declared calling are all industrial organisations of employees that are parties to an industrial award or agreement relating to the employment of apprentices or trainees in that trade or calling, and(b) the prescribed manner of nominating candidates for appointment as members of the Board to represent employees in that trade or calling is for the bodies prescribed by paragraph (a) in respect of that trade or calling to jointly nominate in writing:(i) on the request of the Minister, orup to 3 candidates from whom the Minister must appoint at least one member in respect of that trade or calling.(ii) on the occurrence of a vacancy in the office of the member previously appointed in respect of that trade or calling,
9 Withdrawal of nominations
For the purposes of clause 6 (1) (b) of Schedule 3 to the Act, the prescribed manner of withdrawing the nomination of a member of the Board is for the person or body by whom the nomination was made to give notice in writing to the Director-General that the nomination is withdrawn.
10 Savings provision
Any act, matter or thing that, immediately before the repeal of the Industrial and Commercial Training (General) Regulation 1995, had effect under that Regulation is taken to have effect under this Regulation.