On an application under section 4.3.41, the Supreme Court may make an order that an RTO be placed under judicial administration if the Court is satisfied that it is in the interests of the RTO's students having regard to the following matters—
(a) whether the RTO is, or is likely to become, unable to deliver services to students in accordance with its obligations;
(b) whether the RTO has failed to comply with this Act, the regulations, the ESOS Act or the RTO standards;
(c) whether there are reasonable grounds for believing that the RTO is inefficiently or incompetently managed, and that the inefficient or incompetent management represents a substantial risk—
(i) of non-compliance by the RTO with the RTO standards; or
(ii) that the RTO will be unable to deliver services.
S. 4.3.43 inserted by No. 71/2010 s. 50.