Division 1 The Commissioner for Vocational Training
56 Appointment of Commissioner
A Commissioner for Vocational Training is to be appointed under Part 2 of the Public Sector Management Act 1988.
The Commissioner has such functions as are conferred or imposed on the Commissioner by or under this or any other Act.
The Commissioner may delegate to any person, or to any person belonging to a specified class of persons, any of the Commissioner’s functions, other than this power of delegation and other than the Commissioner’s functions as a member of the Tribunal.
Division 2 The Vocational Training Tribunal
(1) There is to be a Vocational Training Tribunal of New South Wales.(2) The Tribunal is to consist of at least 4 members appointed by the Director-General, of whom:(a) one is to be the Commissioner, and(b) at least one is to be a person appointed to represent registered training organisations, and(c) at least one is to be a person appointed to represent employers, and(d) at least one is to be a person appointed to represent employees.(3) The Commissioner is the Chairperson of the Tribunal.(4) Schedule 1 has effect with respect to the members and procedure of the Tribunal.
(1) For the purpose of exercising its functions under Part 4, the Tribunal is to be constituted by at least 4 of its members, of whom:(a) one is to be the Commissioner, and(b) at least one is to be a member appointed by the Commissioner from among the persons referred to in section 59 (2) (b), and(c) at least one is to be a member appointed by the Commissioner from among the persons referred to in section 59 (2) (c), and(d) at least one is to be a member appointed by the Commissioner from among the persons referred to in section 59 (2) (d).(2) Equal numbers of members are to be appointed from among the persons referred to in section 59 (2) (b), (c) and (d).(3) For the purpose of exercising its functions otherwise than under Part 4, the Tribunal is to be constituted by at least 2 of its members, of whom one is to be the Commissioner.(4) At any sitting of the Tribunal, the Commissioner is to preside.(5) The Commissioner may delegate the exercise of the Commissioner’s functions as a member of the Tribunal to any public servant employed within the Department, and for that purpose any such delegate is taken to be a member of the Tribunal and is to preside at any sitting of the Tribunal in place of the Commissioner.(6) More than one sitting of the Tribunal may be held at any one time.
The Tribunal has such functions as are conferred or imposed on it by or under this or any other Act.
Division 3 The Vocational Training Appeal Panel
62 Constitution of Appeal Panel
(1) There is to be a Vocational Training Appeal Panel.(2) The Appeal Panel is to consist of at least 4 persons appointed by the Director-General, of whom:(a) at least one is to be a public servant employed within the Department,(b) at least one is to be a person appointed to represent registered training organisations, and(c) at least one is to be a person appointed to represent employers, and(d) at least one is to be a person appointed to represent employees.(3) Nothing in this Act prevents a person from being both a member of the Tribunal and a member of the Appeal Panel.(4) Schedule 2 has effect with respect to the members of the Appeal Panel.
(1) For the purpose of exercising its functions, the Appeal Panel is to be constituted by 4 of its members, one from each of the categories referred to in section 62 (2) (a), (b), (c) and (d).(2) One of the members appointed as referred to in section 62 (2) (a) is to be the presiding member of the Appeal Panel for the purposes of the appeal in respect of which the Appeal Panel is constituted.(3) When constituted for the purpose of hearing and determining an appeal from a decision or determination by the Tribunal, the Appeal Panel must not be constituted so as to include any of the persons by whom the Tribunal was constituted in relation to that decision or determination.(4) More than one sitting of the Appeal Panel may be held at any one time.
The Appeal Panel has such functions as are conferred or imposed on it by or under this or any other Act.
Division 4 Industry training officers
65 Appointment of industry training officers
(1) The Commissioner may appoint such persons (whether public servants or otherwise) as the Commissioner thinks fit to be industry training officers.(2) An industry training officer (other than a public servant) is entitled to such remuneration as the Commissioner may, with the approval of the Minister, determine in respect of the officer.
66 Functions of industry training officers
The functions of an industry training officer are:(a) to monitor the required training provided to apprentices and trainees, including the training provided by host employers under host employment arrangements and the supervision of training by employers who make use of host employment arrangements, and(b) to report to the Commissioner on the adequacy of such training, either generally or in a particular case, and(c) to advise and assist employers in relation to the provision of training to apprentices and trainees, and(d) to advise and assist apprentices and trainees in relation to the training being provided to them, and(e) to exercise such other functions as are conferred or imposed on industry training officers by or under this Act.
67 Powers of entry to premises
(1) An industry training officer may exercise any one or more of the following powers for the purpose of exercising the functions of such an officer under this Act:(a) the officer may enter any premises or place in or on which a recognised trade vocation or recognised traineeship vocation is conducted,(b) the officer may examine:(i) any plant, equipment, material or substance used in relation to any such vocation, and(ii) any document relating to any such vocation,found in or on the premises or place,(c) the officer may take copies of, or extracts or notes from, any document relating to any such vocation found in or on the premises or place,(d) the officer may require any person found in or on the premises or place to produce:(i) any plant, equipment, material or substance used in relation to any such vocation, or(ii) any document relating to any such vocation,that is in the possession or under the control of that person.(2) A person must not fail to comply with a requirement made by an industry training officer under subsection (1) (d).Maximum penalty: 20 penalty units.
(3) An industry training officer may exercise any power conferred by this section at any reasonable time during normal business hours.(4) This section does not authorise the exercise of any power conferred by this section in or on any residential premises or in relation to any person found in or on any residential premises.(5) In exercising in or on any premises or place any power conferred by this section, an industry training officer:(a) must, if required to do so by a person apparently occupying the premises or place, produce to that person the officer’s certificate of identification, and(b) must, as far as practicable, avoid doing anything which is likely to impede the lawful conduct of any vocation being carried out in or on the premises or place.(6) For the purposes of this section, an industry training officer is to be issued with a certificate of identification that is in or to the effect of the form prescribed by the regulations.(7) An industry training officer who is not a public servant does not have, and may not exercise, the powers conferred by this section.
(1) An industry training officer may apply to an authorised officer for a search warrant if the officer has reasonable grounds for believing that a provision of this Act or the regulations is being or has been contravened in or on any premises or place.(2) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an industry training officer named in the warrant:(a) to enter the premises or place, and(b) to search the premises or place for evidence of a contravention of this Act or the regulations.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) Without limiting the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002, a police officer:(a) may accompany an industry training officer executing a search warrant issued under this section, and(b) may take all reasonable steps to assist an industry training officer in the exercise of the officer’s functions under this section.(5) An industry training officer who is not a public servant does not have, and may not exercise, the powers conferred by this section.(6) In this section:authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
69 Obstruction of industry training officers
A person must not assault, delay, obstruct, hinder or impede an industry training officer in the exercise of the officer’s functions under this Act.Maximum penalty: 20 penalty units.