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November 2013
Document particulars TRIM ID ED11/011108 File Australian Recognised Trade Certificate Applicant Guidelines.doc FINAL
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Trades Recognition Australia General Manager, Trades Recognition Australia 30 August 2011
Note: This is a controlled document in its electronic form only. Paper copies of this document are not controlled and should be checked against the electronic version before use. With the exception of the Commonwealth Coat of Arms and where otherwise noted, all material presented in this document is provided under a Creative Commons Attribution 3.0 Australia (creativecommons.org/licenses/by/3.0/au) licence. The details of the relevant licence conditions are available on the Creative Commons website (accessible using the links provided) as is the full legal code for the CC BY 3.0 AU licence (creativecommons.org/licenses/by/3.0/au/legalcode). The document must be attributed as the Australian Recognised Trade Certificate Applicant Guidelines. Document change history Version 1.0 Date published 30 August 2011 28 September 2011 24 November 2011 10 April 2012 Authors TRA Summary of change Publication Authorised by Jan Febey, Branch Manager TRA Jan Febey, Branch Manager, TRA Jan Febey, Branch Manager, TRA Dr Melissa McEwen, General Manager, TRA
1.1
TRA
Update to refund policy advice Minor amendment to formatting Update to statutory declaration advice
1.2
TRA
1.3
TRA
Version 2.0
Authors TRA
Summary of change Update to payment details and Contact information Update to documentary requirements to prove residency Section 1.8 Update to requirements for making an application. Update to reflect decision to make OTSR holders ineligible, update review information and paying fees Update to change ARTC fee schedule, update to DIICCSRTE name, revised definition information and updated schedule of fees Update trades according to the Tradespersons Rights 2013 Regulation Change to new template format
Authorised by Dr Melissa McEwen, General Manager, TRA Dr Melissa McEwen, General Manager, TRA Dr Melissa McEwen, General Manager, TRA Tracy Feeney, Acting General Manager, TRA
2.1
October 2012
TRA
2.6
December 2012
TRA
3.0
March 2013
TRA
4.0
April 2013
TRA
4.1
October 2013
TRA
Dr Melissa McEwen, General Manager, TRA Scott Neil, Acting General Manager, TRA
5.0
November 2013
TRA
Table of contents
Section 1 Overview of Australian Recognised Trade Certificate ................. 5 1.1 Purpose of the Australian Recognised Trade Certificate guidelines ..................................................................................... 5 1.2 Australian Recognised Trade Certificate summary ................................. 5 1.3 Relevant legislation ................................................................................ 6 1.4 Program delivery .................................................................................... 6 1.5 Fees payable ..................................................................................... 6 1.6 Paying fees ..................................................................................... 6 1.7 TRA roles and responsibilities ................................................................ 7 1.8 Applicant roles and responsibilities ........................................................ 7 1.9 TRA Program Officer roles and responsibilities ...................................... 7 1.10 Authorised representatives for applicants............................................... 8 1.11 Privacy ..................................................................................... 8 1.12 False or misleading information.............................................................. 9 1.13 Certification of documents .................................................................... 10 Section 2 Australian Recognised Trade Certificate requirements and processes ................................................................................... 11 2.1 Overview of the Australian Recognised Trade Certificate assessment ................................................................................... 11 2.2 Purpose of the Australian Recognised Trade Certificate ...................... 11 2.3 Nominated occupations ........................................................................ 11 2.4 Eligibility for an Australian Recognised Trade Certificate ..................... 11 2.5 Australian Recognised Trade Certificate Criteria & Guidelines ............. 12 2.6 The Australian Recognised Trade Certificate assessment process ................................................................................... 18 Section 3 Contact details for Trades Recognition Australia ...................... 21 Section 4 Glossary ................................................................................... 22 Section 5 Acronyms ................................................................................. 25
The ARTC program is administered by Trades Recognition Australia (TRA). TRA is a business unit of the Department of Industry. TRA reserves the right to amend these guidelines as needed. Information about changes to the guidelines will be documented in the Document change history table on page 2.
You should choose which type of recognition best suits your needs, taking into account: licensing requirements your employment requirements your employers requirements (if you are currently employed) your future training, development and career expectations.
Process ARTC application ARTC review Trade Test (if required) Replacement ARTC (if required)
These fees do not attract goods and services tax (GST). * For information on how to pay, refer to section 1.6 of these Guidelines. Information on refunds is available in the TRA Refund Policy on our website: www.industry.gov.au/tra.
As provided for in Schedule 1, Part 1, Item 4.7 in A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2011 (No. 1).
Department of Industry Australian Recognised Trade Certificate Applicant Guidelines Page 6 of 25
If your application is received without a valid payment, it will be returned without being assessed.
e) arranging for the provision of trade tests through contracted RTOs f) adhering to the Australian Public Service Code of Conduct.
This will allow TRA to provide information about your application to your nominated agent or representative. You will need to submit a Nomination of an Agent or Representative form to TRA each time you change agent or representative. The information you provide on the form will replace any previous agent or representative details held by TRA. The form is available from the Contact Trades Recognition Australia link on the TRA website at www.industry.gov.au/tra.
1.11 Privacy
All personal information collected by TRA is protected by the Privacy Act 1988 (Privacy Act). Section 14 of the Privacy Act contains the Information Privacy Principles (IPPs) which prescribe the rules for handling personal information. The Privacy Act defines personal information as information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. More information about the Privacy Act, including a copy of the full text of the IPPs, can be obtained from the Office of the Australian Information Commissioners website at: www.oaic.gov.au. TRA collects personal information from applicants for the purposes of: processing applications, verifying evidence provided with applications, and assessing whether applicants have suitable skills in a nominated occupation/s conducting investigations and ensuring compliance with relevant laws, awards or standards ensuring compliance with the Commonwealth Fraud Control Guidelines (2002).
TRA may give some or all of the information it collects to Department of Immigration and Border Protection (DIBP), the Australian Federal Police, your employer/s, your supervisor/s, your nominated agent or representative, the organisations that issued your qualifications, TRA approved RTOs, agencies providing advice to TRA on overseas qualifications, organisations or individuals providing in-country verification
Department of Industry Australian Recognised Trade Certificate Applicant Guidelines Page 8 of 25
services, the Fair Work Ombudsman and other Australian and state/territory government agencies for the above purposes. Applicants are responsible for ensuring the accuracy and validity of all information provided to TRA. When you provide personal information in relation to the Department of Industrys services, we will allow you access to your personal information and we will correct your personal information if it is inaccurate (subject to restrictions on such access/alteration of records under the applicable provisions of any law of the Commonwealth). The information collected by TRA will not be used for any other purpose or disclosed to any other person or organisation unless such a use and disclosure is authorised under the Privacy Act 1988. Complaints about breaches of privacy should be referred to: Privacy Contact Officer Legal Branch Corporate Division Department of Industry GPO Box 9839 CANBERRA ACT 2601 AUSTRALIA Privacy complaints can also be made directly to the Office of the Australian Information Commissioner.
Electrical fitter (instruments) Electrical mechanic Fitter Motor Mechanic* Refrigeration mechanic (electrical) Refrigeration mechanic (engineering) Welder (first class)
have completed the requirements of the Offshore Technical Skills Record (OTSR) if one has been issued to you have undertaken all steps in the assessment process including, where applicable, a technical interview, trade test or other action requested by a LC are currently capable of performing the work of your trade in Australia.
If you are unable to complete the form electronically, you can print out the current form and complete it by hand. You must write clearly so that your application can be easily read. The application must be decision ready. Decision ready means that your application has: all the fields of the application checklist checked all the mandatory fields in the form completed all the evidence required by the Local Committee included; TRA will only consider evidence from a previous ARTC application where that application was registered no more than 12 months prior to the current application been signed and dated by you.
You must also attach your payment, or evidence of payment, of the required application fee to your application.
It is entirely your responsibility to ensure that your application is accurate and complete before it is submitted to TRA. TRA will not contact you for additional information to further substantiate your claims. If you engage an agent or representative to help you to complete the ARTC application, you will be required to provide his or her details in Part 3 of the form or notify TRA in writing by completing the Nomination of an Agent or Representative form available on the TRA website.
Do not send your credit card details to TRA. Credit card payments can only be made using the TRA Online Portal.
ii) a certified copy of your current passport with a Australian entry visa stamp/label (that clearly shows your date of arrival in Australia) or where your visa stamp is electronic, a certified hard copy of that electronic visa stamp iii) a copy of your current Australian drivers licence iv) a copy of a bank statement with your current Australian address v) a copy of correspondence from the Australian Taxation Office with your current Australian address or vi) a copy of a current tenancy agreement certified copies of evidence of working rights in Australia, such as: i) a visa page, with the visa giving you the right to work in Australia ii) documentation issued by the DIBP in lieu of a passport which includes a valid permanent residency visa certified copies of i) your qualifications and/or apprenticeship documents relevant to your nominated occupation/s
ii) a full academic transcript of any results, including the dates you started and finished studying iii) any training, skills recognition, apprenticeship or traineeship documents, such as certificates or diplomas detailing the course duration, date of completion, subjects covered, nature and content of the training and the machines, tools and equipment on which you were trained iv) if you have been issued with an Offshore Technical Skills Record, a copy of your Certificate III qualification as proof that you have completed the Australian context training and trade experience requirements v) evidence of any industrial or occupational licensing or registration, if required for your trade in your country of training or subsequent work experience vi) detailed evidence of relevant employment, such as statements from your employer detailing your occupation, exact employment periods and a full description of the nature and content of your work along with the machines, tools and equipment you used. Additional information on employer statements can be found at Section 2.5.7 of these guidelines vii) where past training providers and/or employers no longer exist or you are unable to approach your current employer for a statement of service, you may submit a personal statement on a properly signed and witnessed Statutory Declaration detailing:
the reason/s you are submitting a Statutory Declaration; and the exact details of your training and/or employment (as detailed in sections iii to vi) above.
A.
If you are having documents translated in Australia, acceptable translations may be obtained from translators accredited with the National Accreditation Authority for Translators and Interpreters (NAATI). Details of these translators can be found in the Yellow Pages or the telephone directory under Translations or on NAATIs website at www.naati.com.au. Make sure you check the translators accreditation by either calling NAATI on 1300 557 470 or asking to see the translators letter or certificate of accreditation as a translator in the language and checking the translators identification card from NAATI. Translations done by NAATI accredited translators must include the translators name, NAATI identification number and accreditation status.
B.
If you are having documents translated outside Australia, the translator must be approved by the authorities in the country where the translation is made. Ask your nearest Australian Embassy, High Commission or Consulate for advice if you are unsure. Overseas translations must be done on the organisations letterhead and include an official stamp and the translators name (all in block letters), signature and contact telephone number legibly printed below the signature. This information is required so that TRA can contact the translator if necessary to verify the translated documents.
a certified copy of the qualification a certified copy of the academic transcript for the qualification.
The following documents must be provided as evidence of an apprenticeship: a certified copy of the apprenticeship qualification or certificate evidence of employment during the apprenticeship, such as a contract of apprenticeship.
Evidence of training/apprenticeship must provide sufficient information regarding the tasks/training undertaken so that LCs can see the training/apprenticeship is:
Department of Industry Australian Recognised Trade Certificate Applicant Guidelines Page 15 of 25
relevant to the nominated trade/s at trade level covers the broad range of duties a tradesperson in that trade would undertake.
A.
Employment
You must provide certified employment statements for every period of employment you wish the LC to consider. Every employment statement must be signed by a person authorised to make the statement. This person may have been your employer or a direct supervisor. You will need to provide evidence of their employment or management role with the same organisation. This could include documents provided to you by your supervisor during your period of employment for another purpose, such as a reference. Every employment statement provided to TRA must be unique and must include: the name of the business the nature of the business (for example, construction company, hotel) a detailed description/overview of business and the services/products provided by the business the address of business where you worked when you worked there, that is start date and end date of your employment the nature of your employment (full-time, part-time) your normal hours of work your job title (occupation) a detailed description of the day-to-day tasks you undertook a detailed description of the machines, tools and/or equipment you used the name, position, telephone and email contact details of the person authorised to make the statement the length of time that the person signing the statement has been supervising you must also be clearly indicated All employment statements must be on letterhead used by the employers business. If you are unable to provide employment statements on letterhead you must provide us with an explanation of why this is not possible in the form of a statutory declaration All employment statements must be certified.
The statement should clearly describe the day to day or regular tasks that you perform in your trade. The duties need to be described in sufficient detail to enable a
Department of Industry Australian Recognised Trade Certificate Applicant Guidelines Page 16 of 25
direct comparison to the tasks and duties expected of an Australian trained tradesperson working at trade level in your nominated occupation. TRA may contact an employer to verify information provided in an employment statement. TRA requires a contact telephone number for every person who supplies an employment statement for you. A mobile telephone number will not be sufficient as a primary contact number unless TRA can verify independently that the number is linked to the organisation where you were employed.
B.
Self-employment
TRA may consider self-employed work in your nominated occupation. If you are or have been self-employed, you must provide evidence of trade, traderelated or occupation-specific self-employment. Your application must include a personal statement on a properly signed statutory declaration, affidavit, sworn statement or similar legal declaration (with your signature witnessed by a legal authority in your country). Your personal statement must provide the following details: the exact commencement and completion dates of each period of selfemployment the occupation in which you were self-employed the nature and content of the work tasks you personally performed the number of staff you employed and their occupations, where relevant a description of your workshop and the tools and equipment used a list of three clients, with contact details, for each year of self-employment you are claiming.
TRA will also require you to provide the following evidence of your self-employment: a certified copy of your business registration certificate valid for each period of self-employment you claim a certified statement on letterhead paper from your accountant or legal representative certifying the name and nature of your business, the exact start and end dates of your self-employment and the capacity in which you were self-employed at least three statements from suppliers (all certified), confirming the purchase of materials and equipment relevant to the work you were performing through your self-employment for a range of different self-employment trading periods you are claiming certified copies of at least three quotations/invoices or contracts for clients with details of the work completed, the client details and job location for work undertaken during the period of self-employment claimed. You must ensure that these documents reflect the range of work that you have undertaken in your nominated occupation over the course of the self-employment period claimed certified copies of references from three clients confirming full details of the work you did for them and the dates the work was undertaken. These
Department of Industry Australian Recognised Trade Certificate Applicant Guidelines Page 17 of 25
references must be from different clients to those mentioned above, but these clients must be included above evidence of any trade licensing or registration and the prerequisites to obtain the licence or registration, where relevant any other documentation that provides support for the existence and purpose of the business. This may include information such as certified copies of advertising or promotional material (including internet advertising).
You will receive an unsuccessful outcome if the supporting evidence you provide: is not relevant to your nominated occupation does not meet, or contains insufficient detail for the LC to be satisfied you meet the eligibility requirements of these applicant guidelines, Act and Criteria and Guidelines cannot be verified as being a true and accurate record of your qualifications and employment is found to contain false or misleading information or you are unable to demonstrate that you are currently capable of performing the work of your nominated occupations/s in Australia.
The application will then be processed in accordance with the LCs decisions.
Once the further evidential assessments have been completed your application will be resubmitted to the LC for its consideration and decision.
Section 4
academic transcript
Glossary
Definition A record of all learning leading to an Australian Qualification Framework qualification issued by an authorised organisation such as a registered training organisation. In Australia, this may be called a transcript of results, record of results, record of achievement or statement of results. The Tradespersons Rights Regulation Act 1946. A person applying for an ARTC. Process of collecting evidence and making judgements on the nature and extent of an applicants skills and knowledge against those expected of an Australian apprenticeship-trained tradesperson in line with the Criteria and Guidelines document. A trade certificate granted by a LC in accordance with the Act that recognises the holder as having comparable skills to an Australian trained tradesperson. For ARTC purposes, Australian residents are people lawfully residing in Australia (either temporarily or permanently) with a right to work. An award is an enforceable document containing minimum terms and conditions of employment, in addition to any legislated minimum terms. In general, an award applies to employees in a particular industry or occupation. The award wage for a specific occupation can be found at the Fair Work Australia website www.fwa.gov.au/index.cfm?pagename=awardsmoder nlist Committee established under the Act, made up of employer, employee and Australian Government representatives who, amongst other things, determine the requirements an applicant needs to meet to be granted an ARTC. Criteria and Guidelines established by the Central Trades Committee for assessing applicants trained in specified countries. The Criteria and Guidelines are available at www.industry.gov.au/tra An applicant can demonstrate that they have worked in the particular trade within the last five years.
Australian residents
award wage
currently capable
Definition An application that is on the correct form, is signed and dated, has the correct fee and represents an applicants most comprehensive and strongest case for a successful assessment outcome. TRA does not contact applicants for additional information. DIBPs key objectives are to: manage the lawful and orderly entry and stay of people in Australia, including through effective border security promote a society which values Australian citizenship, appreciates cultural diversity and enables migrants to participate equitably DIBP has responsibility for administering the Migration Act 1958 and associated regulations. DIBP works in conjunction with the Department of Industry to delivery skilled trades/technical people and professionals to Australia through the skilled migration program. The Australian Government department with portfolio responsibility for industry. TRA is a branch within the Department of Industry. Full-time, part-time or casual employment from which income is earned and in which there exists an employeremployee relationship. For more information visit Fair Work Australia at www.fwa.gov.au. Committees established under the Act, comprising employer, employee and Australian Government representatives who decide whether to grant an applicant an ARTC. In Australia, people who want to provide immigration assistance must be registered with the Office of the Migration Agents Registration Authority. See www.mara.gov.au. A registered migration agent can use their knowledge of Australias migration procedures to offer advice or assistance to a person wishing to obtain a visa to enter or remain in Australia. They can also assist people who are nominating or sponsoring prospective visa applicants. An ARTC application where an applicant submits: an ARTC application for the first time or a subsequent application where an applicant has previously had an unsuccessful outcome and submits any new documents. The occupation/s selected by an applicant on his or her ARTC form. To be accepted by TRA, this must be a trade assessed by TRA under the Act.
Department of Industry Australian Recognised Trade Certificate Applicant Guidelines Page 23 of 25
Department of Immigration and Border Protection (DIBP) formerly known as the Department of Immigration and Citizenship or DIAC
Department of Industry
Employment
migration agent
new application
nominated occupation/s
Definition The document that is issued when an applicant has been found competent in all aspects of the relevant assessment standard for their nominated occupation except for the Australian specific knowledge and skills that can only be acquired through training and work experience in Australia. A qualification awarded as a result of study and relevant to an occupation assessed by TRA. An organisation registered by a state or territory training authority to deliver training and/or conduct assessments and issue nationally recognised qualifications in accordance with the VET Quality Framework. A request to re-examine a Local Committee decision based only on the original application and documentation where the applicant does not agree with the assessment outcome. Evidence supplied to support the claims made by an applicant in his or her form. An interview where an applicant is asked technical questions about a trade over the telephone by a technical interviewer. A test comprising practical and theoretical trade tasks conducted through a registered training organisation. An appropriately qualified person within TRA who processes ARTC applications. A branch within the Department of Industry that manages skills assessments for people with trade skills applying for an ARTC and for people who require a skills assessment for migration. The quality assurance process directed at establishing the accuracy and reliability of documentation and claims made in applications and not to supplement or gather further information that is missing from an application. A document that gives someone permission to travel into a specific country and stay there for a set period.
review
Verification/verifying
visa
Section 5
Acronym ARTC CC DIBP GST IPPs LC NAATI RTO TRA VET
Acronyms
Meaning Australian Recognised Trade Certificate Central Committee or Central Trades Committee Department of Immigration and Border Protection goods and services tax Information Privacy Principles Local Committee or Local Trades Committee National Accreditation Authority for Translators and Interpreters registered training organisation Trades Recognition Australia vocational education and training