South Australian Skills Alliance brief: enforcement of Section 45A of the Skills Act for RTOs
SASA Blogger
South Australia’s Skills Commission has moved to enforce Section 45A of the South Australian Skills Act 2008. Section 45A requires declared trade training to be delivered under a contract of training. The enforcement applies from 31 January 2026 for domestic learners and 1 July 2026for international learners.
What Section 45A means for RTOs
Section 45A makes it unlawful to enrol learners in a declared trade qualification unless the training is undertaken under a contract of training. Delivery of trade qualifications outside an apprenticeship model, including institutional or classroom-only delivery without an employer contract of training, is non-compliant with the Act.
Key compliance deadlines and penalties
RTOs that enrol learners in declared trade qualifications outside a contract of training after the compliance date may face enforcement action. This includes expiation notices of $315 per non-compliant enrolment for minor breaches. Serious or repeated breaches may be referred to court, with penalties of up to$5,000.
Transitional and reporting obligations
During the transition period, RTOs must provide monthly records of learner identification and registration for students enrolled in declared trades who are not under a contract of training in South Australia. Failure to provide this information may result in full enforcement action from 31 January 2026.
Impact on RTO delivery and business planning
The enforcement changes how private RTOs can deliver trade qualifications. Providers must ensure all new enrolments in declared trades occur under a contract of training with an employer. RTOs delivering qualifications declared as a trade under the TAPS, outside of this model, may be subject to enforcement action. Importantly, RTOs must be able to deliver the qualification under a contract of training approved by the Skills Commission.
Learner outcomes and compliance pathways
Learners who commenced trade training before 31 January 2026 may complete their qualification. After that date, learners who trained outside a contract of training may complete their learning and apply to the Skills Commission for a skills assessment through the Occupational Recognition Service (ORS), subject to meeting requirements.
Practical steps for SASA members
- Review RTO scope against the Commission’s declared trades list (TAPS).
- Ensure all new trade qualification enrolments occur under a contract of training.
- Strengthen employer engagement to support apprentice placements.
- Implement monthly reporting for learners not under a contract of training during transition.
- Confirm obligations and eligibility to deliver training to apprentices and trainees with the Skills Commission where required.
This enforcement strengthens the statutory framework for trade training and supports learner protection, workplace safety, and recognised apprenticeship pathways.
