Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.5.4

Review of operations of institutions and courses

    (1)     The Authority may at any time arrange for a review of the operation of the approval of a school, University or other institution approved to provide a course of study under this Part.

    (2)     The Authority may appoint a person or committee to review the operation of a school, University or other institution or course of study and advise the Authority having regard to the matters set out in section 4.5.1 and the guidelines published under that section whether or not the school, University or other institution or course of study has attained and continues to attain the standards required for approval under this Part.

    (3)     The Authority, by notice in writing, may require a school, University, or other institution or any person involved in the management or operation of the school, University or other institution

        (a)     to provide, in accordance with directions in the notice, to the Authority or any person or committee appointed by the Authority any information about the matters set out in section 4.5.1 or any guidelines published under that section relevant to the school, University or other institution, that is specified in the notice; or

        (b)     to produce to the Authority or any person or committee appointed by the Authority any records relevant to those matters that are specified in the notice and permit examination of the records and the making of copies of those records.

S. 4.5.4(4) substituted by No. 85/2009 s. 5(1).

    (4)     If the Authority is satisfied after the conduct of a review in accordance with this section that it is in the interests of overseas students enrolled at the school, University or other institution or in the public interest that the approval should be suspended or cancelled or made subject to a condition, the Authority may, in accordance with this Part—

        (a)     suspend or cancel that approval; or

        (b)     impose a condition on that approval.

S. 4.5.4(5) amended by No. 85/2009 s. 5(2).

    (5)     A suspension, cancellation or condition may be proposed by the Authority giving notice in writing of the proposed suspension, cancellation or condition and giving reasons to the school, University or institution affected.

S. 4.5.4(6) amended by No. 85/2009 s. 5(3).

    (6)     Subject to section 4.5.5, the Authority must give the school, University or institution 28 days to make submissions to the Authority to show cause why the proposed suspension, cancellation or condition should not be imposed and must consider any submissions made.

S. 4.5.4(7) inserted by No. 85/2009 s. 5(4).

    (7)     Subsections (5) and (6) do not apply to an institution (other than a University or a school) if it—

        (a)     has ceased to trade or to conduct operations; or

        (b)     has become bankrupt; or

        (c)     in the case of a body corporate, is the subject of a winding up order.

S. 4.5.4(8) inserted by No. 85/2009 s. 5(4).

    (8)     In the circumstances set out in subsection (7), the Authority may cancel or suspend the approval of the institution immediately.

S. 4.5.4(9) inserted by No. 85/2009 s. 5(4).

    (9)     The Authority must advise the institution in writing, without delay, of the cancellation or suspension under subsection (8) of the approval of the institution and the reasons for that cancellation or suspension.

S. 4.5.5 inserted by No. 85/2009 s. 6.



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