Reviews and Appeals under the Apprenticeship and Traineeship Act 2001 No 80

Reviewed: 19 December 2017

Reviews and Appeals

Decisions made by Training Services NSW, the regulator of apprenticeships and traineeships in NSW, in relation to apprenticeships and traineeships and applications for a Certificate of Proficiency via recognition of trade skills, may be subject to administrative review or appeal. These review and appeal provisions are specified in the Apprenticeship and Traineeship Act 2001 (the Act).


The Commissioner for Vocational Training

If a person is not satisfied with a decision made by the Commissioner for Vocational Training, or a person delegated by the Commissioner to act on his/her behalf, they may apply to the Commissioner for Vocational Training for an administrative review of the decision via the Apprenticeship and Traineeship Unit.

The decisions of the Commissioner that are subject to review are specified in section 54 of the Apprenticeship and Traineeship Act 2001. They include decisions to dismiss an application to establish an apprenticeship or traineeship, to transfer or vary an apprenticeship or traineeship, or to issue or refuse to issue a certificate of proficiency.

Requests for an administrative review by the Commissioner may also be made following a decision of the Commissioner to refuse to issue a certificate of proficiency.

Requests for an administrative review of decisions of the Commissioner is a requirement prior to escalation of matters under section 54 of the Act. Applications must be made in writing and lodged with the Apprenticeship and Traineeship Unit, Training Services NSW, within 30 days from the date of issue of the written notification of the Commissioner's decision.

An administrative review by the Commissioner may involve a hearing at which the parties to the apprenticeship or traineeship, or the applicant for a Certificate of Proficiency, may provide evidence in support of the administrative review. Other agencies or persons may also be required to give evidence at the Commissioner's hearing, or provide witness statements.

A determination of the Commissioner's administrative review hearing is binding on the parties.


NSW Civil and Administrative Tribunal (NCAT)

If a person is not satisfied with a determination of the Commissioner, they may be able to appeal to the NSW Civil and Administrative Tribunal (NCAT). The decisions of the Review Panel that are subject to appeal are specified in section 54 of the Apprenticeship and Traineeship Act 2001.

Requests for appeals against decisions of the Review Panel under section 54 of the Act must be lodged within 30 days from the date of issue of the written notification of the decision in accordance with NCAT requirements.

An appeal to NCAT under section 54 of the Act will be through a hearing at which the parties may provide fresh evidence or information. The rules and procedures under which NCAT will determine appeals will be as advised by NCAT and will be in accordance with the NSW Civil and Administrative Tribunal Act 2013.

The decision of NCAT will be binding on the parties.

The appeal can be posted or submitted in person to the following address:

NCAT
Administrative and Equal Opportunity Division
Level 10, John Maddison Tower
86-90 Goulburn Street
SYDNEY NSW 2000

For further information about making an appeal to the Administrative and Equal Opportunity Division of NCAT and the External Appeal form, go to http://www.ncat.nsw.gov.au/Pages/apply_to_ncat/ncat_common_forms.aspx or call 1300 006 228 and press option 3.


Is there any appeal against a decision of the Civil and Administrative Tribunal?

Further appeals against decisions of the NSW Civil and Administrative Tribunal will be to the NSW Supreme Court by leave of the court. For more information see the NCAT website at http://www.ncat.nsw.gov.au/.

Commissioner for Vocational Training


Contacts

The Apprenticeship and Traineeship Unit
Training Services NSW
PO Box 960
Darlinghurst NSW 1300

Phone: 1300 772 104 or Intl +612 8267 7770

Page last updated: 11 January 2018