Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.5.1

S. 4.5.1(1) amended by No. 58/2007 s. 29(1).

    (1)     The Authority may approve a registered school, a University or another education or training organisation or institution as suitable to provide a specified course to students from overseas.

S. 4.5.1(1A) inserted by No. 71/2010 s. 24.

    (1A)     The Authority must not approve an education or training organisation or institution under this section unless the Authority is satisfied that the organisation or institution has the principal purpose of providing education and training.

S. 4.5.1(1B) inserted by No. 71/2010 s. 24.

    (1B)     For the purposes of subsection (1A), the principal purpose of providing education and training includes the provision of prescribed ancillary services to students.

S. 4.5.1(1C) inserted by No. 71/2010 s. 24, substituted by No. 71/2010 s. 28.

    (1C)     Subsection (1A) does not apply if—

        (a)     the Authority acting as a designated authority within the meaning of the Education Services for Overseas Students Act 2000 of the Commonwealth is not required to certify for the purposes of that Commonwealth Act that the organisation or institution has the principal purpose of providing education; and

Note

See section 9(2)(c)(i) of the Education Services for Overseas Students Act 2000 of the Commonwealth.

        (b)     the organisation or institution is exempted under section 4.3.16(4A) from the requirement to have the principal purposes of providing education and training.

S. 4.5.1(2) amended by No. 58/2007 s. 29(2)(a).

    (2)     In deciding whether to grant approval, the Authority may have regard to all or any of the following matters in relation to the school, University, education or training organisation or institution where, or by whom, the course is to be provided—

        (a)     the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students issued under Part 4 of the Education Services for Overseas Students Act 2000 of the Commonwealth and as amended from time to time;

S. 4.5.1(2)(ab) inserted by No. 58/2007 s. 29(2)(b).

        (ab)     the suitability of the course for overseas students;

        (b)     guidelines issued by the Authority;

S. 4.5.1(2)(ba) inserted by No. 23/2021 s. 64(1).

        (ba)     in the case of a school, a University or an education or training organisation or institution, whether the school, University or education or training organisation or institution complies with the Child Safe Standards;

S. 4.5.1(2)(c) amended by No. 58/2007 s. 29(2)(a).

        (c)     any other matter relating to the management or operations of the school, University, education or training organisation or institution where, or by whom, the course is to be provided.

S. 4.5.1(2A) inserted by No. 23/2021 s. 64(2).

    (2A)     It is a condition of an approval of a school, University or other institution that is a relevant entity for which the Authority is an integrated sector regulator that the school, University or institution comply with the Child Safe Standards.

    (3)     The Authority may from time to time issue guidelines dealing with all or any of the matters referred to in subsection (2) and must publish any guidelines that are issued.

    (4)     The Authority may charge a fee fixed by the Minister for the investigation of an application or for an approval under this Part.

    (5)     An approval under this section remains in force for a period, not exceeding 5 years, specified by the Authority unless sooner suspended or cancelled by the Authority.