Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.10

Notice to produce

    (1)     This section applies if the Authority reasonably believes that any document or information is relevant—

        (a)     to determine whether a registered school is complying with the prescribed minimum standards for registration under Division 1 of Part 4.3; or

        (b)     to determine whether a provider of school boarding services at a registered school boarding premises is complying with the prescribed minimum standards for registration of school boarding premises under Division 1A of Part 4.3; or

        (c)     to determine whether a person, body or school registered under Division 3 of Part 4.3 is complying with the prescribed minimum standards; or

        (d)     for the purposes of a review under section 4.5.4; or

        (e)     to determine whether a person, organisation or registered school that is approved to operate a student exchange program is complying with the Child Safe Standards or any condition imposed under section 4.5A.2 or 4.5A.6.

    (2)     The Authority may issue a written notice requiring the following to produce the document or information—

        (a)     if the document or information is required for the purposes of a determination or review relating to a relevant entity for which the Authority is an integrated sector regulator, that relevant entity;

        (b)     if the document or information is required for the purposes of a determination or review relating to a registered school for which the Authority is an integrated sector regulator, a person involved in the management or operation of that registered school;

        (c)     if the document or information is required for the purposes of a determination or review relating to a provider of school boarding services at a registered school boarding premises for which the Authority is an integrated sector regulator, a person involved in the management or operation of that provider of school boarding services;

        (d)     if the document or information is required for the purposes of a determination or review relating to a relevant entity for which the Authority is an integrated sector regulator, other than a registered school or a provider of school boarding services at a registered school boarding premises, any person or body that the Authority reasonably believes possesses the document or information.

    (3)     A notice under subsection (2)—

        (a)     must be in the prescribed form (if any); and

        (b)     must specify the following—

              (i)     the person or body to which the notice is issued;

              (ii)     the Child Safe Standards, prescribed minimum standards or condition to which the proposed determination of compliance relates or the matters set out in section 4.5.1 that are relevant to the review under section 4.5.4 (as appropriate);

              (iii)     the person, body or school that is the subject of the proposed determination or the school, University or institution that is the subject of the review under section 4.5.4 (as appropriate);

              (iv)     the document or information, or category of document or information, that must be produced;

              (v)     the date by which the document or information must be provided, being not less than 14 days after the day on which the notice is given to the person or body;

              (vi)     any enforcement action that may be taken against the person or body for failing to comply with the notice;

              (vii)     the maximum criminal and civil penalty for failing to comply with the notice;

              (viii)     how the person or body can comply with the notice;

              (ix)     any prescribed matters.

    (4)     A person or body given a notice under subsection (2) must provide the information and each document described in the notice on or before the day specified in the notice to—

        (a)     in the case of a school, University or institution that is the subject of a review under section 4.3.3, 4.3.8G, 4.3.8H or 4.5.4, the Authority or any person or committee appointed by the Authority; or

        (b)     in any other case, the Authority.

    (5)     The Authority, by further written notice given at any time, may vary or revoke a notice to produce.

S. 5.8.11 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).



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