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National Vocational Education and Training Regulator Bill 2010 [2011]

Part 2 Registration

Division 1 Registering as an NVR registered training organisation

Subdivision A Applying for registration

16   Application for registration

             (1)  A person may apply to the National VET Regulator for registration, including renewal of registration, as an NVR registered training organisation.

             (2)  A body that is part of a State or Territory may apply to the National VET Regulator for registration, including renewal of registration, of the body as an NVR registered training organisation.

             (3)  An application for registration must be in a form approved by the National VET Regulator and must be accompanied by:

                     (a)  any information or documents that the Regulator requires; and

                     (b)  the application fee determined by the Minister, by legislative instrument, under section 232.

17   Registration

Grant of application for registration

             (1)  The National VET Regulator may grant an application for registration.

             (2)  In deciding whether to grant an application, the National VET Regulator must consider whether the applicant complies with:

                     (a)  the VET Quality Framework; and

                     (b)  the applicable conditions of registration set out in Subdivision B of this Division.

             (3)  When considering the application, the National VET Regulator may conduct an audit of any matter relating to the application.

             (4)  The National VET Regulator may charge a registration assessment fee for considering the application.

Period of registration

             (5)  If the National VET Regulator grants an application, the Regulator must also determine the period for which the applicant is registered. The period must not be more than 5 years.

Note:          For renewals of registration, see section 31.

Conditions of registration

             (6)  If the National VET Regulator considers it appropriate to do so, the Regulator may impose one or more conditions under subsection 29(1) to which an organisation’s registration is subject.

Note:          An NVR registered training organisation is also subject to statutory conditions, see Subdivision B of this Division.

18   National VET Regulator to notify applicant of decision on registration

                   The National VET Regulator must, within 30 days of its decision to grant or reject an application for registration as an NVR registered training organisation, notify the applicant, in writing, of:

                     (a)  the decision; and

                     (b)  if the Regulator rejects the application—the reasons for the decision; and

                     (c)  if the Regulator grants the application—the following:

                              (i)  the applicant’s scope of registration;

                             (ii)  the period for which the organisation is registered;

                            (iii)  any conditions imposed on the organisation’s registration under subsection 29(1);

                            (iv)  the registration fee payable by the applicant and, if the fee is to be payable in instalments, the amount of each instalment and the date on which it is to be paid.

Note:          Subparagraphs (c)(i) to (iii)—in relation to each NVR registered training organisation, these details are included on the National Register, see section 216.

19   National VET Regulator to issue certificate of registration

             (1)  After registering an applicant as an NVR registered training organisation, the National VET Regulator must give the applicant a certificate of registration.

             (2)  A certificate of registration must state the matters prescribed by the regulations.

             (3)  A certificate of registration is prima facie evidence of the matters stated in it.

20   Commencement and duration of registration

             (1)  An applicant’s registration:

                     (a)  commences:

                              (i)  if it is a renewal of registration—on the day after the day on which the NVR registered training organisation’s previous registration expired; or

                             (ii)  in any other case—on the day specified in a written notice given to the applicant; and

                     (b)  subject to subsection (2), expires at the end of the period determined by the National VET Regulator, unless the applicant’s registration is cancelled or withdrawn before that time.

Note:          The period of an NVR registered training organisation’s registration may be shortened, see paragraph 36(2)(c).

             (2)  The National VET Regulator may, in exceptional circumstances, extend an NVR registered training organisation’s registration without the organisation needing to apply to have its registration renewed.

             (3)  If an NVR registered training organisation’s registration is so extended, a reference in this Act to the period of an NVR registered training organisation’s registration is to be read as a reference to that period as so extended.

Subdivision B Conditions of registration

21   Complying with conditions

                   An NVR registered training organisation must:

                     (a)  comply with the conditions set out in sections 22 to 28; and

                     (b)  comply with any conditions imposed on the organisation’s registration under subsection 29(1).

Note:          Failure to comply with a condition of registration is a contravention of a civil penalty provision, see section 111.

22   Condition—compliance with the VET Quality Framework

             (1)  An NVR registered training organisation must comply with the Standards for NVR Registered Training Organisations.

             (2)  An NVR registered training organisation must comply with the Australian Qualifications Framework.

             (3)  An NVR registered training organisation must comply with the Data Provision Requirements.

23   Condition—satisfying Fit and Proper Person Requirements

                   An NVR registered training organisation must satisfy the Fit and Proper Person Requirements.

24   Condition—satisfying the Financial Viability Risk Assessment Requirements

                   An NVR registered training organisation must satisfy the Financial Viability Risk Assessment Requirements.

25   Condition—notifying National VET Regulator of material changes

             (1)  An NVR registered training organisation must notify the National VET Regulator, in writing, if:

                     (a)  an event occurs that would significantly affect the organisation’s ability to comply with the VET Quality Framework; or

                     (b)  the name or contact details of an executive officer or high managerial agent of the organisation change; or

                     (c)  there are other substantial changes to the operations of the organisation.

             (2)  The notice must be given to the National VET Regulator as soon as practicable after the NVR registered training organisation becomes aware of a matter mentioned in subsection (1).

26   Condition—other information must be provided

             (1)  An NVR registered training organisation must give the National VET Regulator such information as the Regulator requests, by notice in writing, for the purposes of this Act.

             (2)  A notice must specify the period within which the information requested is to be given.

27   Condition—cooperation

                   An NVR registered training organisation must cooperate with the National VET Regulator, at least to the extent that:

                     (a)  it is necessary for the Regulator to perform its functions; or

                     (b)  it is necessary to facilitate the Regulator’s performance of its functions.

28   Condition—compliance with directions given by the National VET Regulator

             (1)  An NVR registered training organisation must comply with any general directions given by the National VET Regulator, in writing, to organisations on the way in which the VET Quality Framework or other conditions of this Subdivision are to be complied with.

             (2)  The National VET Regulator must publish a general direction on its website.

29   Other conditions

             (1)  The National VET Regulator may impose other conditions on an NVR registered training organisation’s registration. Such conditions need not be imposed at the time of registration.

             (2)  The National VET Regulator may vary a condition imposed under subsection (1).

30   National VET Regulator to notify NVR registered training organisation of change in conditions of registration

                   The National VET Regulator must, within 30 days of its decision to impose or vary a condition on an NVR registered training organisation’s registration, notify the organisation, in writing, of:

                     (a)  the decision; and

                     (b)  the reasons for the decision; and

                     (c)  the period for which the condition is imposed.

Note:          Details of conditions imposed on an NVR registered training organisation’s registration are included on the National Register, see section 216.

Subdivision C Renewing registration

31   Renewal of registration

             (1)  The National VET Regulator may renew an NVR registered training organisation’s registration under section 17 if the organisation makes an application for renewal:

                     (a)  at least 90 days before the day the organisation’s registration expires; or

                     (b)  within such shorter period as the Regulator allows.

             (2)  An application must be accompanied by the application fee determined by the Minister, by legislative instrument, under section 232.

             (3)  An NVR registered training organisation’s registration is taken to continue until the organisation’s application is decided.

             (4)  An NVR registered training organisation may apply for renewal of registration during a period when all or part of its scope of registration is suspended.



 

Division 2 Changing the scope of registration

32   Application for change of scope of registration

             (1)  If an NVR registered training organisation wishes to offer all or part of a VET course that is not within its scope of registration, the organisation may apply to the National VET Regulator to change its scope of registration to include the VET course or part of the VET course.

             (2)  An application must be in a form approved by the National VET Regulator and must be accompanied by:

                     (a)  any information or documents that the Regulator requires; and

                     (b)  the application fee determined by the Minister, by legislative instrument, under section 232.

33   Change of scope of registration

             (1)  The National VET Regulator may grant an application for a change in the applicant’s scope of registration.

             (2)  In deciding whether to grant an application, the National VET Regulator must consider:

                     (a)  the applicant’s ability to provide the VET course, or part of the VET course, in accordance with the VET Quality Framework; and

                     (b)  the other VET courses, or parts of VET courses, offered by the applicant; and

                     (c)  whether the applicant complies with:

                              (i)  the VET Quality Framework; and

                             (ii)  the other conditions of registration set out in Subdivision B of Division 1 of this Part.

             (3)  If the National VET Regulator grants an application, the Regulator must determine the day from which the VET course, or part of the VET course, may be delivered by the applicant.

34   National VET Regulator to notify applicant of decision on change of scope of registration

                   The National VET Regulator must, within 30 days of its decision to grant or reject an application for a change in scope of registration, notify the applicant, in writing, of:

                     (a)  the decision; and

                     (b)  if the Regulator rejects the application—the reasons for the decision; and

                     (c)  if the Regulator grants the application—the following:

                              (i)  the applicant’s new scope of registration;

                             (ii)  the day from which the new VET course, or part of the new VET course, may be delivered by the applicant;

                            (iii)  the period for which the organisation is registered;

                            (iv)  any conditions imposed on the provider’s registration under subsection 29(1).

Note:          Paragraph (c)—in relation to each NVR registered training organisation, these details are included on the National Register, see section 216.



 

Division 3 Ensuring compliance with the VET Quality Framework

Subdivision A Audits

35   Audits

             (1)  The National VET Regulator may, at any time, conduct a compliance audit of an NVR registered training organisation’s operations to assess whether the organisation continues to comply with the VET Quality Framework.

             (2)  The National VET Regulator may also review or examine any aspect of an NVR registered training organisation’s operations to determine any systemic issues relating to the quality of vocational education and training.

Subdivision B Administrative sanctions

36   Sanctions

             (1)  This Subdivision applies if:

                     (a)  after natural justice requirements have been satisfied, the National VET Regulator is satisfied that it is appropriate to impose one or more sanctions on an NVR registered training organisation; or

                     (b)  in exceptional circumstances, the National VET Regulator is satisfied that it is appropriate to impose one or more sanctions on an NVR registered training organisation without satisfying natural justice requirements.

             (2)  The National VET Regulator may do one or more of the following:

                     (a)  give a written direction to an NVR registered training organisation requiring the organisation to rectify a breach of a condition on the organisation’s registration;

                     (b)  give a written direction to an NVR registered training organisation requiring the organisation to notify its VET students, in writing, of a matter set out in the direction;

                     (c)  shorten the period of an NVR registered training organisation’s registration;

                     (d)  amend an NVR registered training organisation’s scope of registration;

                     (e)  suspend all or part of an NVR registered training organisation’s scope of registration under section 38;

                      (f)  cancel an NVR registered training organisation’s registration under section 39.

             (3)  In determining what action to take in relation to an NVR registered training organisation, the National VET Regulator may have regard to:

                     (a)  the organisation’s conduct, or circumstances existing, before the Regulator had cause to consider imposing a sanction on the organisation (including before the commencement of this section); and

                     (b)  if section 37 applies—the organisation’s conduct, or circumstances existing, since the Regulator gave the organisation a written notice as mentioned in that section.

37   Natural justice requirements

             (1)  For the purpose of paragraph 36(1)(a), before making a decision to do any of the things mentioned in subsection 36(2) in relation to an NVR registered training organisation, the National VET Regulator must give the organisation a written notice:

                     (a)  stating that the Regulator intends to make a decision to do a thing mentioned in that subsection and the reasons for the proposed decision; and

                     (b)  inviting the organisation to give the Regulator a written response to the notice:

                              (i)  if the Regulator considers that the circumstances require urgent action—within a period specified in the notice, which must be at least 24 hours; or

                             (ii)  in any other case—within a period specified in the notice, which must be at least 72 hours.

             (2)  After considering any response received within that period, if the National VET Regulator still considers that the decision should be made, the Regulator:

                     (a)  may make the decision; and

                     (b)  must give the NVR registered training organisation concerned written notice of the decision.

38   Suspension

             (1)  The National VET Regulator may, by notice in writing, suspend all or part of an NVR registered training organisation’s scope of registration.

Note:          Details relating to an NVR registered training organisation whose scope of registration is suspended are included on the National Register, see section 216.

             (2)  During the period of suspension, the National VET Regulator may require the NVR registered training organisation to do something, not to do something, or both. This may include restrictions on:

                     (a)  enrolling a student in a VET course or part of a VET course; or

                     (b)  allowing a VET student to begin a VET course or part of a VET course; or

                     (c)  publishing or broadcasting an advertisement relating to a VET course or any part of a VET course; or

                     (d)  causing to be published or broadcast an advertisement relating to a VET course or any part of a VET course.

Note:          Failure to comply with the National VET Regulator’s requirements is an offence and a contravention of a civil penalty provision, see sections 101 and 102 respectively.

39   Cancellation

             (1)  The National VET Regulator may, by notice in writing, cancel an NVR registered training organisation’s registration in any circumstances that the Regulator considers it appropriate to do so, including for failure to pay a registration fee.

Note:          Details relating to an NVR registered training organisation whose registration is cancelled are included on the National Register, see section 216.

             (2)  An organisation whose registration is cancelled under this Act must return its certificate of registration to the National VET Regulator within 10 days of the day the cancellation takes effect.

Note:          Failure to return a certificate of registration is a contravention of a civil penalty provision, see section 112.

             (3)  An organisation whose registration is cancelled under this Act may not apply for registration as an NVR registered training organisation for 2 years, or such shorter period as the National VET Regulator considers appropriate, after the day the cancellation takes effect.

40   Other enforcement action

                   To avoid doubt, the National VET Regulator may take action, or cause action to be taken, under Part 6 (which deals with enforcement) in addition to, or instead of, doing anything it may do under this Subdivision.

Division 4 Requests for reassessment

41   Requests for reassessment

             (1)  This section applies if, under this Part, the National VET Regulator has:

                     (a)  deferred making a decision to change an NVR registered training organisation’s scope of registration; and

                     (b)  identified issues that the organisation would need to address before the Regulator would be satisfied that the organisation has done whatever is required for the organisation’s scope of registration to be changed.

             (2)  This section also applies if, under this Part, the National VET Regulator has identified issues that an NVR registered training organisation would need to address before the Regulator would be satisfied that the organisation has done whatever is required for:

                     (a)  a condition imposed on the organisation’s registration to be varied or removed; or

                     (b)  the organisation’s scope of registration to be changed; or

                     (c)  the organisation’s suspension to be lifted.

             (3)  The NVR registered training organisation may request, in writing, that the National VET Regulator reassess its position in relation to the issues identified by the Regulator.

             (4)  A request must:

                     (a)  describe the actions taken by the NVR registered training organisation to address the issues identified by the National VET Regulator; and

                     (b)  be accompanied by the reassessment fee determined by the Minister, by legislative instrument, under section 232.



 

Division 5 Withdrawing registration

42   Withdrawing registration

             (1)  An NVR registered training organisation may withdraw its registration by giving written notice of withdrawal to the National VET Regulator.

             (2)  If the National VET Regulator is satisfied, in all the circumstances, that it is appropriate to allow an NVR registered training organisation’s registration to be withdrawn, the Regulator must advise the organisation, by notice in writing, of the day from which the withdrawal takes effect.

             (3)  An organisation whose registration is withdrawn under this Act must return its certificate of registration to the National VET Regulator within 10 days of the day the withdrawal takes effect.

Note:          Failure to return a certificate of registration is a contravention of a civil penalty provision, see section 112.