South Australian Consolidated Acts

TRAINING AND SKILLS DEVELOPMENT ACT 2008 - SCHEDULE 2

Schedule 2—Transitional provisions

Part 4—Transitional provisions

11—Transitional provisions

        (1)         On the commencement of Part 3 of this Schedule—

            (a)         the offices of the members of the Training and Skills Commission established under the repealed Act are vacated;

            (b)         the offices of the members of the Grievances and Disputes Mediation Committee established under the repealed Act are vacated;

            (c)         the offices of the members of any committee established by the Training and Skills Commission under the repealed Act are vacated;

            (d)         the offices of the members of any panel established by the Minister for the purpose of constituting the Grievances and Disputes Mediation Committee under the repealed Act are vacated;

            (e)         the offices of the members of any reference group established by the Minister under the repealed Act are vacated.

        (2)         Subject to this Act, a declaration that an occupation is a trade or a declared vocation in force under section 5 of the repealed Act immediately before the commencement of section 6 of this Act will be taken to be a declaration under that section of this Act that the occupation is a trade or a declared vocation (as the case requires).

        (3)         Subject to this Act, registration or accreditation in force under Part 3 of the repealed Act immediately before the commencement of Part 3 of this Act will continue in force for the unexpired portion of the term for which the registration or accreditation was granted, or last renewed, as registration or accreditation under Part 3 of this Act.

        (4)         Subject to this Act, if an employer was, immediately before the commencement of Part 4 of this Act—

            (a)         an approved employer within the meaning of Part 4 of the repealed Act; and

            (b)         party to a contract of training under Part 4 of the repealed Act,

the employer will be taken to have been registered under Part 4 of this Act (with registration for a period of 5 years to be taken to have come into force immediately before the commencement of Part 4 of this Act).

        (5)         Subject to this Act, a contract of training in force under Part 4 of the repealed Act immediately before the commencement of Part 4 of this Act will continue in force as a training contract under Part 4 of this Act.

        (6)         Subject to this Act, a suspension, order or decision of the Grievances and Disputes Mediation Committee in force under the repealed Act immediately before the commencement of Part 4 of this Act will continue in force as a suspension, order or decision of the Industrial Relations Commission under Part 4 of this Act.

        (7)         If, immediately before the commencement of Part 4 of this Act, a matter has, under section 19(7) of the repealed Act, been referred by the Commission (acting at the direction of the Minister) to the Grievances and Disputes Mediation Committee ( GDMC ) for review but the GDMC has not yet completed the review, the matter will be taken to be the subject of an appeal under section 207 of the Fair Work Act 1994 —

            (a)         as if the decision or order of the GDMC at first instance were a determination of the Industrial Relations Commission; and

            (b)         as if the party who made the request of the Minister for the giving of the direction were the appellant,

(and the provisions of Chapter 5, Part 3, Division 4 of that Act will apply to the appeal).

        (8)         A reference in an Act or an instrument or document—

            (a)         to the Training and Skills Commission is to be read as a reference to the Training and Skills Commission established under this Act and is to be construed accordingly;

            (b)         to a training organisation is to be read as a reference to a training provider and is to be construed accordingly;

            (c)         to an occupation as a trade or declared vocation is to be read as a reference to an occupation that is a trade or a declared vocation declared as such under section 6 of this Act and is to be construed accordingly;

            (d)         to an apprentice/trainee under a contract of training is to be read as a reference to an apprentice/trainee under a training contract and is to be construed accordingly;

            (e)         to a contract of training is to be read as a reference to a training contract and is to be construed accordingly;

            (f)         to an approved employer is to be read as a reference to a registered employer and is to be construed accordingly.