Date of effect
Q. Is the date of effect of an amendment the “Proposed date of effect” as shown on the form or the date when the department’s record is updated?
A. For applications to amend (not minor amendments), the form ATF–035 asks for the “Proposed date of effect” and, if the application is approved, this would be the date of effect unless the delegated officer decides another date would be appropriate (s.20).
For minor amendments, the date of effect is the date when the DELTA record is changed (s.21(5)). Form ATF–017 doesn’t ask the applicant to nominate a date of effect, and we don’t need to ask for one if a party notifies us of a minor amendment orally.
For amendments by the chief executive without application by the parties, the date of effect is the date when the DELTA record is changed (s.22(3)).
Q. What happens if the date of effect proposed by the parties is not supported by evidence?
A. The delegated officer may determine the date of effect. Retain a file note which supports the date chosen.
Please note, however, that a change to the commencement date of a training contract cannot be approved without supporting evidence (for examples of evidence, see below).
Parent/guardian
Q. Is a change to the parent/guardian a minor amendment?
For example—removal of parent/guardian from the training contract due to an apprentice/trainee (under 18) living away from home.
A. No. This is simply a change to the DELTA record. The parent is not a party to the training contract.
If an apprentice/trainee calls asking to change their parent’s details:
- Ask for the particulars:
- who is calling,
- the nature of the change – eg add/delete/change parent details, and
- the reason for the change.
- Submit the details to the department on an Amendments spreadsheet in accordance with the protocols between the department and the AASN providers.
If a caller (not the apprentice/trainee) asks to change the parent’s details:
- Ask for the above particulars.
- Refer the details to the TQCC to follow-up.
Minor amendments
Q. Can a registered training contract be updated on advice of a minor amendment received from a registered training organisation (RTO)?
A. The AASN provider must be informed of the change by the employer or apprentice/trainee.
If an RTO or parent/guardian is aware of a necessary change, they can inform the AASN provider.
An officer would then need to contact the employer/apprentice/trainee to confirm the change before taking action to amend the DELTA record – confirmation by phone or email is fine.
An adequate file note is to be kept as evidence.
Q. Is oral notification by the employer sufficient to change an apprentice/trainee’s address?
A. Yes. The employer may notify the AASN provider of the apprentice/trainee’s new address. If, however, the notification is to change the apprentice/trainee’s address either to or from an address connected with the employer record, the officer is to confirm the change with the apprentice/trainee before processing.
If the apprentice/trainee has access to the myApprenticeship portal, they should be encouraged to update their details via myApprenticeship as it will automatically update DELTA.
Q. When advice of a minor amendment is received orally, will mail be sent to all parties confirming that the record has been changed?
A. No. This is not considered necessary as a minor amendment does not alter the substance or effect of a training contract. This decision is a red-tape reduction strategy.
If the AASN provider considers a particular minor amendment warrants confirming the change in writing to the parties, then they may do so.
Q. What types of amendments could have implications for the apprenticeship or traineeship, which the parties need to consider?
A. If the amendment will change:
- the start date of the apprenticeship or traineeship,
- the employment mode – eg changing from part-time or school-based to full-time arrangements,
- the qualification, or
- the qualification level – eg changing from Certificate II in Retail Operations to Certificate III in Retail Operations,
the parties should be encouraged to seek advice on the following matters:
- from the department regarding any State Government funding implications
- from their AASN provider regarding:
- any affect the change will have on Australian Government incentives
- the process to extend the training contract, should this be required later
- from the Fair Work Ombudsman regarding any implications the amendment might have on wages – Tel: 13 13 94.
Evidence
Q. Is oral notification by an apprentice/trainee sufficient to change their name or date of birth?
A.Not in most cases.
Although a change of name or date of birth are considered minor amendments, when deciding to approve an amendment for this reason supporting evidence would be required to be collected and retained.
To change a date of birth, a document that reflects the correct date of birth would be acceptable. Documents such as a licence, passport and birth certificate are an example of such forms that can be relied upon.
However, if the amendment to the apprentice/trainee’s date of birth will impact on legislated age restrictions, the employer and apprentice/trainee must apply to amend the training contract in the approved form.
For a change of name, supporting evidence that reflects both previous and the new name would be required. An example of these documents would be a marriage certificate, decree nisi or change of name document.
The above documents can be submitted to the AASN in the following form:
- An original document. A copy of this document will need to be taken and retained in the AASN file along with a supporting file note
- An original certified copy of the document. Where possible retain the original JP certified copy, however if this is not possible a copy can be taken for the files and an accompanying file note recorded.
- An electronic JP certified copy of the document can be accepted, however caution must be exercised to ensure that the document is of legible quality and free from alterations.
If a request to revert back to a maiden name is received without a decree nisi, this can be actioned on presentation of the original or original JP certificated marriage certificate and original or original JP certified birth certificate. If accepting the above documents electronically, the documents must be JP certified and of legible quality and free from alterations.
A change of name to amend a typographical error can be accepted over the phone providing the advice has been given by the affected party to the contract.
Q. What evidence is required for a change of commencement date of a training contract?
A. Documentary evidence is required before the commencement date can be changed. Examples are:
- a copy of a letter of offer of employment as an apprentice/trainee
- the employer’s wage records, showing the date on which the apprentice/trainee commenced employment with them as an apprentice/trainee
- the apprentice/trainee’s pay slips – if an earlier commencement date is sought, the apprentice/trainee’s pay slips covering the period between the proposed and the currently recorded commencement dates.
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