Training Guarantee (Outstanding Trainer) Regulations (Amendment) (Cth)
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I, The Governor-General of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, make the following Regulations under the
Dated 9 October 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
KIM BEAZLEY
Minister of State for Employment,
Education and Training
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1.1 The Training Guarantee (Outstanding Trainer) Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see
2.1 Insert the following definitions:
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3.1 Paragraph 5 (2) (e):
Omit the paragraph, substitute:
“(e) have attached a training compliance certificate and an expenditure compliance certificate; and”.
4.1 Omit the regulation, substitute:
“8. (1) A training compliance certificate may be issued by an industry training agent or a training consultative committee.
An industry training agent or a training consultative committee may only issue a certificate if the agent or committee is satisfied that, for the reference year:
(a) the employer’s training plan was approved by the person authorised by the employer to implement the plan; and
(b) the plan showed the range of planned training activities and was supported by documentation that:
(i) identified the target group for, and the timing and frequency of, each training program; and
(ii) gave information as to the extent that each program meets the criteria for an eligible training program; and
(iii) identified specific arrangements for the assessment and review of the employer’s training to determine its impact on the performance of workers and its relevance to the organisational goals of the employer; and
(c) the plan:
(i) indicated the training priorities for particular groups in the employer's work force; and
(ii) had regard to the training needs of employees who were disadvantaged in any way including women, disabled employees, low-skilled employees, Aboriginal employees and Torres Strait Islander employees; and
(d) the employer can demonstrate that there was consultation with employee representatives before the plan was approved and implemented.
A training compliance certificate must:
(a) identify the eligible training programs delivered by the employer in the reference year; and
(b) certify that the person issuing the certificate is satisfied of the matters referred to in subregulation (2).”.
5.1 Omit the regulation, substitute:
(1) An expenditure compliance certificate may be issued by a registered company auditor.
A registered company auditor may only issue an expenditure compliance certificate if the auditor is satisfied that the employer’s allowable expenditure in the reference year on the eligible training programs identified in the training compliance certificate issued to the employer for that year is at least 5% of the employer’s annual national payroll in that year.
An expenditure compliance certificate must certify that the auditor is satisfied of the matter referred to in subregulation (2).
For the purposes of this regulation, allowable expenditure means:
(a) if the employer made an election under section 28 or 29 of the Act—the amount that would have been the employer’s net eligible training expenditure if the election had not been made; or
(b) in any other case—the employer’s net eligible training expenditure.”.
6.1 Omit the regulation, substitute:
“15
A chief officer who, without reasonable excuse, does not give the notice within 30 days after the occurrence of the change is guilty of an offence punishable, on conviction, by a fine not exceeding $500.”.
7.1 After regulation 15, insert:
(1) If:
(a) a chief officer gives notice under under regulation 15; and
(b) a decision maker considers that there may be grounds to revoke the decision to grant the employer EOT status;
the decision maker must request the employer to show cause why the employer’s EOT status should not be revoked.
A request must be in writing.
“(3) An employer who, without reasonable excuse, does not reply to a request within 30 days of the date of the request, is guilty of an offence, punishable, on conviction, by a fine not exceeding $500.”.
8.1 Paragraph 16 (1) (a):
Omit the paragraph.
8.2 Subregulation 16 (4):
Omit the subregulation, substitute:
An employer who, without reasonable excuse, does not reply to a request within 30 days of the date of the request, is guilty of an offence, punishable, on conviction, by a fine not exceeding $500.”.
9.1 Paragraph 17 (1) (b):
“16”, substitute “15A”.
9.2 Subparagraph 17 (1) (c) (i):
Omit “16”, substitute “15A”.
9.3 Subparagraph 17 (1) (c) (ii):
Omit “16”, substitute “15A”.
9.4 Paragraph 17 (3) (a):
Omit “16”, substitute “15A or 16”.
9.5 Paragraph 17 (3) (b):
Omit “16 (4)”, substitute “15A (3) or 16 (4)”.
9.6 Subregulations 17 (4) and (5):
Omit the subregulations.
10.1 Paragraphs 18 (1) (b) and (c):
Omit the paragraphs, substitute:
“(b) to revoke a decision to grant an employer outstanding trainer status under subregulation 17 (1) or (2).”.
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1. Notified in the
Commonwealth of Australia Gazette on 16 October 1992.
2. Statutory Rules 1991 No. 309.
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