Training in the Northern Territory
Legislation
Vocational Education and Training (VET) in Australia is regulated by a variety of Australian, state and territory laws.
Employment, workplace and equity issues are also covered by a range of Australian, state and territory legislation.
According to the Australian Constitution, where state and territory laws and the Australian laws deal with the same situation inconsistently, the Australian law has jurisdiction.
- Vocational Education and Training (VET) legislation
- Equal opportunity legislation
- Occupational heath and safety legislation
Vocational Education and Training (VET) legislation
Fundamental to the training system are Australian laws such as:
- Skilling Australia’s Workforce Act 2005, is the vehicle for the Government’s new National Training Arrangements for the funding period 1 July 2005 - 31 December 2008 and provides the authority to appropriate some $4.4 billion in grants to States and Territories over the funding period 2005-2008. A key feature of the Skilling Australia’s Workforce Act is the strengthening of the funding framework, which links funding for the States and Territories to a range of conditions and targets for training outcomes.
- Skilling Australia’s Workforce (Repeal and Transitional Provisions) Act 2005 repeals the Australian National Training Authority Act 1992 and the Vocational Education and Training Funding Act 1992. This Act also provides for the transitional arrangements for the transfer of functions and responsibilities from ANTA to the Department of Education, Science and Training, including arrangements for the transfer of assets, liabilities and custody of records to the Commonwealth.
- Workplace Relations Amendment (Work Choices) Act 2005 which provides for the creation of a national workplace relations system.
Northern Territory
The Northern Territory also has laws that govern VET.
The Northern Territory Employment and Training Act establishes the Northern Territory Employment and Training Authority to provide for employment and vocational training in the Northern Territory. The Act also regulates the:
- Accreditation of courses;
- Registration of registered training organisations;
- Registration of training agreements; and
- Employer's obligations in relation to their apprentices/trainees.
Equal Opportunity Legislation
There are laws to protect those involved in the training system. Under this legislation it is unlawful to discriminate or harass people at work, school or in the community.
Examples of Australian equal opportunity legislation are the:
The Northern Territory anti-Discrimination Act 2007 makes it unlawful for an educational organisation to discriminate against a person by:
- Refusing or failing to accept the person's application for admission as a student;
- Denying or limiting the student's access to benefits normally provided to other students;
- Treating a student less favourably in any way in connection with the student's training or instruction.
Occupational Heath and Safety Legislation
Occupational heath and safety laws apply to the workplace at all times including during periods of training. It is important to ensure that apprentices, trainees and other new staff understand principles of safety and health as they relate to the workplace.
The Northern Territory Work Health Act regulates occupational health and safety in the Northern Territory. This Act requires employers to:
- Provide to the employees the information, instruction, training and supervision necessary to enable them to perform their work in a manner that is safe and without risk to their health
- Ensure that the workplace is safe for the employees and without risk to their health.
Northern Territory legislation is available from the Northern Territory Legislative Assembly Hansard and Legislation website.
You may also view and download any of these Acts at the Australasian Legal Information Institute (Austlii) website which provides free online access to Australian, State and Territory case law and legislation.