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National Vocational Education and Training Regulator Bill 2010 [2011]

Part 3 Accreditation of courses

Division 1 Applying for accreditation

43   Application for accreditation

             (1)  A person may apply to the National VET Regulator for the accreditation of a course as a VET accredited 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.

44   Accreditation of course

Grant of application for accreditation of course

             (1)  The National VET Regulator may grant an application for the accreditation of a course.

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

                     (a)  the Standards for VET Accredited Courses; and

                     (b)  the Australian Qualifications Framework.

Period of accreditation

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

Note:          For renewals of accreditation, see section 50.

Conditions of accreditation

             (4)  If the National VET Regulator considers it appropriate to do so, the Regulator may impose one or more conditions under subsection 48(1) on the accreditation of a course.

45   National VET Regulator to notify applicant of decision on accreditation of course

                   The National VET Regulator must, within 30 days of its decision to grant or reject an application for the accreditation of a course as a VET accredited course, 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 period for which the course is accredited;

                             (ii)  any conditions imposed on the accreditation of the course under subsection 48(1).

Note:          Paragraph (c)—in relation to each VET accredited course, these details are included on the National Register, see section 216.

46   Commencement and duration of accreditation

             (1)  Accreditation of a course:

                     (a)  commences:

                              (i)  if it is a renewal of the course’s accreditation as a VET accredited course—on the day after the day on which the VET accredited course’s previous accreditation 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 accreditation of the VET accredited course is cancelled before that time.

             (2)  The National VET Regulator may, in exceptional circumstances, extend the period for which a VET accredited course is accredited without the person in respect of whom the course is accredited needing to apply for the accreditation of the course to be renewed.

             (3)  If the accreditation of a VET accredited course is so extended, a reference in this Act to the period for which a course is accredited is to be read as a reference to that period as so extended.

Division 2 Conditions of accreditation

47   Complying with conditions

                   A person must comply with any conditions imposed on the accreditation of a VET accredited course under subsection 48(1).

Note:          Failure to comply with a condition is a contravention of a civil penalty provision, see section 130.

48   Conditions

             (1)  The National VET Regulator may impose conditions on the accreditation of a VET accredited course. Such conditions need not be imposed at the time of the course’s accreditation.

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

49   National VET Regulator to notify relevant person of change in conditions of accreditation

                   The National VET Regulator must, within 30 days of its decision to impose or vary a condition on the accreditation of a VET accredited course, notify the person in respect of whom the course is accredited, 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 the accreditation of a VET accredited course are included on the National Register, see section 216.



 

Division 3 Renewing accreditation

50   Renewal of accreditation

             (1)  The National VET Regulator may renew the accreditation of a VET accredited course under section 44 if the person in respect of whom the course is accredited makes an application for renewal:

                     (a)  at least 90 days before the day accreditation of the course 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)  The accreditation of a VET accredited course is taken to continue until the person’s application is decided.

Division 4 Amending VET accredited courses

51   Amending VET accredited courses

             (1)  The National VET Regulator may, at any time while a VET accredited course is accredited, amend the course if the Regulator considers it necessary to do so.

             (2)  The National VET Regulator may take such action:

                     (a)  on its own initiative; or

                     (b)  if:

                              (i)  an application is made by the person in respect of whom the VET accredited course is accredited; and

                             (ii)  the Regulator is satisfied that it is appropriate to amend the course.

             (3)  An application must be:

                     (a)  in a form approved by the National VET Regulator; and

                     (b)  accompanied by:

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

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



 

Division 5 Cancelling accreditation

52   Cancelling accreditation

             (1)  The National VET Regulator may cancel the accreditation of a VET accredited course.

             (2)  The National VET Regulator may take such action on its own initiative if the Regulator is satisfied that:

                     (a)  the VET accredited course does not meet:

                              (i)  the Standards for VET Accredited Courses; or

                             (ii)  the Australian Qualifications Framework; or

                     (b)  the person in respect of whom the course is accredited no longer has the capacity to satisfy the Standards for VET Accredited Courses; or

                     (c)  the person in respect of whom the course is accredited no longer exists.

             (3)  The National VET Regulator may also take such action if:

                     (a)  an application is made by the person in respect of whom the VET accredited course is accredited; and

                     (b)  the Regulator is satisfied that it is appropriate to cancel the accreditation of the course.

             (4)  An application must be:

                     (a)  in a form approved by the National VET Regulator; and

                     (b)  accompanied by:

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

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

53   National VET Regulator to notify relevant persons of proposed cancellation

             (1)  If the National VET Regulator proposes to cancel the accreditation of a VET accredited course, the Regulator must advise, in writing, the following of the proposed cancellation:

                     (a)  each NVR registered training organisation that has the course within its scope of registration;

                     (b)  the VET Regulator of each non-referring State.

             (2)  Advice given under subsection (1) must state the day from which the proposed cancellation is to take effect.

             (3)  Advice given under paragraph (1)(a) to an NVR registered training organisation must also:

                     (a)  advise the organisation how it is to treat VET students in the VET accredited course; and

                     (b)  if the proposed cancellation would affect any conditions imposed on the organisation’s registration under subsection 29(1)—state what conditions will be imposed on the organisation’s registration from the day the proposed cancellation takes effect.

54   When cancellation takes effect

             (1)  Cancellation of the accreditation of a VET accredited course takes effect on a day determined by the National VET Regulator.

Note:          Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative Instruments Act 2003 do not apply to a determination (see sections 44 and 54 of that Act).

             (2)  However, the day determined by the National VET Regulator must:

                     (a)  be at least 30 days after advice is given to each affected person, as required by section 53; and

                     (b)  take into account the needs of all VET students affected by the cancellation.