New South Wales Consolidated Acts

VOCATIONAL EDUCATION AND TRAINING ACT 2005 - SECT 12

12 Board to decide application for registration

(1) On receiving an application for registration as a training organisation, the Board may:

(a) register the applicant as a training organisation, or

(b) refuse to register the applicant.

(2) In deciding the application, the Board is to have regard to the RTO standards, the RCAB standards and the registration and accreditation guidelines.

(3) The Board may register the applicant as a training organisation only if:

(a) on registration under the application, the applicant will not otherwise be registered as a training organisation by any other registering body, and

(b) the Board is satisfied that the applicant’s main place of business is, or all or most of its operations will be conducted, in this State, and

(c) the Board is satisfied that the applicant complies with the RTO standards.

(4) In considering whether an applicant complies with the RTO standards, the Board may conduct a compliance audit of the applicant and have regard to the findings of that audit.

(5) Subsection (3) (c) does not apply in relation to an application if:

(a) the application is made by a training organisation registered by another registering body, and

(b) the training organisation has received a notice from the other registering body under a corresponding law for section 19, and

(c) the application does not seek an amendment of the training organisation’s existing scope of registration or registered conditions.

(6) The Board may, despite any other provision of this section, refuse to register an applicant as a training organisation if the Board is satisfied that the applicant is not suitable to be registered as a training organisation. In determining whether an applicant is suitable to be registered, the Board may have regard to such matters as it considers relevant (including the registration and accreditation guidelines).

(7) If the Board decides to grant the application, the Board must:

(a) register the applicant as a training organisation, and

(b) register the training organisation’s scope of registration, and

(c) if the Board imposes any conditions under section 13-register those conditions in relation to the training organisation, and

(d) provide the training organisation with a certificate of registration.

(8) The Board must comply with subsection (7):

(a) as soon as practicable after approving the application, or

(b) if the application is made in conjunction with an application for the cancellation of a training organisation’s registration under a corresponding law for section 19-as soon as practicable after the cancellation under the corresponding law is registered by the other registering body.

(9) Subject to section 33, an official university may not be registered as a training organisation.