Frequently Asked Questions

Suspension/Cancellation >> Questions

Q1 ) Apprenticeship and traineeship forms are now on-line (eg Application to Cancel an Apprenticeship or Traineeship - Form VT16), can they now be used by Australian Apprenticeships Centres (AACs) instead of AAC developed forms such as the "Intention to Cancel" form?

Q2 ) If an employer or apprentice/trainee notifies an "intention to cancel", will the practice of issuing a 21 day letter be maintained?

Q3 ) Under the Apprenticeship & Traineeship Act 2001, when does the "seven day cooling off period" for suspensions/cancellation apply for a traineeship, is it from lodgement of the application?

Q4 ) A suspension agreement for the period 14/1/02 through to 08/02/02 has been received for a trainee registered under the Industrial and Commercial Training Act, 1989. Does the new Apprenticeship and Traineeship Act, 2001 apply?

Q1 ) Apprenticeship and traineeship forms are now on-line (eg Application to Cancel an Apprenticeship or Traineeship - Form VT16), can they now be used by Australian Apprenticeships Centres (AACs) instead of AAC developed forms such as the "Intention to Cancel" form?

A1 ) The Apprenticeship and Traineeship Act 2001 (section 22) provides that both the employer and the apprentice/trainee or either one of them may make an application for suspension or cancellation by consent. To facilitate this, the NSW Department of Education and Training has developed specific application forms for the suspension (VT13 - PDF 159KB) and the cancellation (VT16 - PDF 159KB) of an apprenticeship or traineeship. Forms VT13 and VT16 can be downloaded from the website.

To ensure appropriate compliance with the legislative requirements and consistency in the administration of applications to suspend or cancel an apprenticeship or traineeship, applicants must use the specified form and discontinue use of all previous forms.

Please read the relevant Advice & Instruction sets on the website regarding suspensions or cancellations.

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Q2 ) If an employer or apprentice/trainee notifies an "intention to cancel", will the practice of issuing a 21 day letter be maintained?

A2 ) Yes, the Apprenticeship & Traineeship Act, 2001 (section 22(4)) establishes a 21 day letter notification procedure where one party seeks suspension or cancellation.

Consent is taken to be given where the other party does not respond to the notification of such an application within 21 days.

An Advice and Instructions memorandum is available from the website.

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Q3 ) Under the Apprenticeship & Traineeship Act 2001, when does the "seven day cooling off period" for suspensions/cancellation apply for a traineeship, is it from lodgement of the application?

A3 ) Yes. The seven day 'cooling off period' starts from the date the application for suspension/cancellation is lodged with the Commissioner for Vocational Training (Department of Education and Training (DET)). The 'cooling off period applies to both apprenticeships and traineeships in respect to mutual cancellations and mutual suspensions. Refer to the Apprenticeship & Traineeship Act, 2001 - section 22 at the website.

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Q4 ) A suspension agreement for the period 14/1/02 through to 08/02/02 has been received for a trainee registered under the Industrial and Commercial Training Act, 1989. Does the new Apprenticeship and Traineeship Act, 2001 apply?

A4 ) Yes, section 22 of the Apprenticeship & Traineeship Act, 2001 applies to an application for suspension of an indentured apprenticeship or traineeship. All apprenticeships and traineeships established under the former Industrial and Commercial Training Act 1989 are now subject to the new Apprenticeship & Traineeship Act, 2001.

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