Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.3.4A

Authority may suspend or cancel registration of school in other circumstances

    (1)     In addition to its power to suspend or cancel the registration of a school under section 4.3.4(2)(a), the Authority may determine to suspend or cancel the registration of a non-Government school

        (a)     in any of the following circumstances—

              (i)     the Authority is satisfied that the school has ceased to operate as a school;

              (ii)     the Authority has been notified by the school that it will cease to operate as a school within 30 days after that notification;

              (iii)     the school's sole or main proprietor is a natural person who has become an insolvent under administration;

              (iv)     the school's sole or main proprietor is a body corporate that has been compulsorily wound up or is subject to an order to be compulsorily wound up; and

        (b)     if the Authority is satisfied that it is in the best interests of students enrolled at the school, or in the public interest, to suspend or cancel the registration of the school.

    (2)     Before making a determination under subsection (1) the Authority must—

        (a)     give to the school affected a written notice stating—

              (i)     the action it proposes to take; and

              (ii)     the reasons for taking that action; and

              (iii)     the time within which the school may make submissions under paragraph (b); and

        (b)     give the school affected the following period within which the school may make submissions to the Authority to show cause why the proposed action should not be taken—

              (i)     in the case of a proposed suspension of registration, 3 business days after the school receives notice of the action;

              (ii)     in the case of a proposed cancellation of registration, 7 business days after the school receives notice of the action; and

        (c)     consider any submissions made to the Authority within the specified time under paragraph (b).

    (3)     The Authority, on the application of the school, may extend the period within which submissions may be made under subsection (2)(b).

S. 4.3.4B inserted by No. 37/2015 s. 19.



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