Advice and Instructions

Late Lodged Training Contracts

Issued: 25 October 2006

Background

This Advice and Instructions replaces that issued on 4/10/05.

1. Definition of late-lodged training contracts

Section 7(2) of the A&T Act requires employers to lodge a training contract application within 28 days of commencement of employment of a person as an apprentice or trainee. Applications lodged more than 28 days after commencement will be categorised as late lodgements on IVETS.

2. Late lodgement reasons

For all late lodged training contracts, a late lodgement reason must be specified by the AAC but must conform to IVETS rules.

The late lodgement reasons are determined by comparing the:

• Commencement date as specified on the training contract
• Latest date on which the contract was signed by either one of the parties
• Lodgement date

2.1 If the latest signature date is more than 1 month after the commencement date, the reason for late lodgement is identified as employer delay.

2.2 If the latest signature date is within 1 month of the commencement date but the lodgement date is more than 1 month after the commencement date, the reason for late lodgement is identified as admin delay.

3. Documentation requirements

AACs should obtain supporting documentation for all apprenticeship and traineeship applications lodged more than 6 months late.

3.1 Late applications - employer delay

If an application for an apprenticeship or NE traineeship is lodged more than 6 months after the contract commencement date and the late lodgement reason is employer delay, wage records or other documentation from the employer supporting the commencement date must be provided to the local Centre under AAC pending arrangements.

If an application for an EW traineeship is lodged more than 6 months after the contract commencement date, the employer documentation must be retained by the AAC and may be checked as part of a AAC audit.

3.2 Late applications – admin delay

If an application for an apprenticeship or NE traineeship is lodged more than 6 months after the contract commencement date and the late lodgement reason is admin delay, an explanation from the AAC as to the reasons for the late lodgement must be provided to the local Centre under AAC pending arrangements.

If an application for an EW traineeship is lodged more than 6m after the contract commencement date and the late lodgement reason is admin delay, an explanation from the AAC as to the reasons for the late lodgement should be retained by the AAC and may be checked as part of an AAC audit.

3.3 Late applications – RTO qualification completed

If the formal training has been completed prior to lodgement, a certified copy of the RTO qualification must be sent to the Home Centre after lodgement under AAC Pending arrangements. The application cannot be approved until the copy of the RTO qualification has been received.

Lodgement of applications after the nominal completion date

Post-completion applications for traineeships should not be approved at the local centre but may be referred to the VTT for consideration where special circumstances are identified which may warrant the exercise of discretion. In the case of post-completion applications for apprenticeships, the applicant should be advised to apply for trade recognition.