Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.3.8R

    (1)     In addition to its power to suspend or cancel the registration of a school boarding premises under section 4.3.8Q(2)(a) , the Authority may determine to suspend or cancel the registration of a non‑government school boarding premises—

        (a)     in any of the following circumstances—

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

              (ii)     the Authority has been notified by the provider of school boarding services at the premises that the premises will cease to operate as a school boarding premises within 30 days after that notification;

              (iii)     the provider of school boarding services at the premises is a natural person who has become an insolvent under administration;

              (iv)     the provider of school boarding services at the premises 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 boarding at the premises, or in the public interest, to suspend or cancel the registration of the premises.

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

        (a)     give to the provider of school boarding services at the premises a written notice stating—

              (i)     the action the Authority proposes to take; and

              (ii)     the reasons for taking that action; and

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

        (b)     give to the provider of school boarding services at the premises the following period within which the provider 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 of the premises, 3 business days after the provider receives notice of the action;

              (ii)     in the case of a proposed cancellation of registration of the premises, 7 business days after the provider 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 provider of school boarding services at the non-government school boarding premises, may extend the period within which submissions may be made under subsection (2)(b).

S. 4.3.8S inserted by No. 33/2020 s. 7.