Advice and Instructions

Extension of the Nominal Term of Existing Worker Traineeships

Issued: 20 December 2001

The Vocational Training Guideline sets out a series of requirements for consideration for an extension of the nominal term for Existing Worker Traineeships, with the implication that all of these must be satisfied for the extension of, the nominal term to be granted.

It is the view of the Appeal Panel, convened to consider appeals lodged against the refusal by the Commissioner for Vocational Training for an extension of the nominal term that, while all conditions set out in the guideline should in general apply, the clause relevant to equity may be interpreted in certain areas so as to have sufficient scope to allow for an extension of the nominal term in individual cases, irrespective of other requirements.

Relevant requirements include those relating to the 400 hours of study and whether or not a precedent had already been established for the traineeship to be delivered in one year to existing workers. In other words, special circumstances arising from the equity arguments may of themselves override other considerations and provide a case on its merits for an extension of the nominal term.

The guideline provides for the consideration of individual circumstances akin to the Apprenticeship and Traineeship Training Program equity provisions, as a basis for allowing an extension of the nominal term on equity grounds.

The following interpretations are offered in relation to each of these criteria which may assist in the fair interpretation of the guideline and the approval process for Existing Worker Traineeships:

Women in non traditional occupations
Extensions of the nominal term may be granted for women applying to take up traineeships in areas of employment in which women are traditionally significantly under-represented. In general, where women comprise less than 10 percent of the occupational workforce, the application should be considered favourably in balance with other circumstances.

Aboriginal or Torres Strait Islander people
All applications for an extension of the nominal term for Aboriginal and Torres Strait Islander people shall be approved.

People with disabilities
Applications for an extension of the nominal term on the grounds of disability shall include cases where the potential trainee has a disability or is in a caring role for another dependent person with a disability. All of these cases should be addressed on their merits but, in general, it should be established that the disability is a significant impediment to the individual’s capacity to carry out a training program in either or both on or off-the-job situations in less than two years.

People without adequate social, literacy and numeracy skills
The approving officer should establish the evidence to make an assessment on these grounds and should consider what arrangements it is proposed be put in place to address the social, literacy and numeracy requirements, and that these arrangements significantly contribute to the need for a longer period of training.

Rural and isolated people
Extensions of the nominal term on the grounds of rural and isolated circumstances require specific interpretation by approving officers. However, in general, it should be established that the level of isolation will directly impact upon the time it is likely to take the person to achieve the qualification. As a general guideline, location in large regional towns or centres does not constitute rural and isolated circumstances. Normally, at least one hour of travel to the RTO or to a study location, lack of public transport, and isolation from peer group learners in the work situation need to be established to substantiate isolation. Other factors may be taken into account as relevant to individual circumstances.

People from non-English speaking background
A key element in this situation relates to English language proficiency and the impediment that this might create to learning. Other factors that might be taken into consideration could include social and cultural factors that might inhibit learning and participation in normal on and off-the-job learning activities, particularly by women.

Unemployed people
This criterion does not apply to existing worker traineeships.

Special circumstances
The guideline also covers special circumstances over and above those cited from the Apprenticeship and Traineeship Training Program equity guidelines (above) which may establish an equity case for an extension of the nominal term. These special circumstances might relate to carer responsibilities, home situation or a combination of factors, which in the interpretation of the approving officer represents a bona fide case for an extension of the nominal term.

In summary, approving officers should assess individual applications against the equity assessment framework set out above and determine each application on its merits.