New South Wales Consolidated Acts

VOCATIONAL EDUCATION AND TRAINING ACT 2005 - SECT 18

18 Board may cancel, suspend or amend registration

(1) The Board may do any one or more of the following:

(a) impose or amend the conditions recorded on the National Register in relation to a training organisation that has been registered by another registering body so as to restrict the operations of the training organisation in this State,

(b) amend the scope of registration or recorded conditions of a training organisation that has been registered by the Board so as to restrict the operations of the training organisation in this State or any other jurisdiction,

(c) suspend the registration, or part of the scope of registration, of a training organisation that has been registered by the Board,

(d) cancel the registration of a training organisation that has been registered by the Board.

(2) The Board may only take action under subsection (1) in relation to an RTO on any one or more of the following grounds:

(a) the training organisation requests the suspension or cancellation of its registration,

(b) the training organisation is no longer providing the courses in respect of which it is registered,

(c) the training organisation has ceased to exist,

(d) the training organisation has failed to comply with the RTO standards or the registration and accreditation guidelines,

(e) the training organisation’s financial arrangements or ethical standards are such that they would not warrant the registration of the training organisation if it were now to apply for registration,

(f) a reasonable doubt exists as to the training organisation’s financial capacity to continue to meet its contractual obligations to its students, staff or other persons,

(g) the training organisation does not have the resources to competently provide the courses in respect of which it is registered,

(h) the resources of the training organisation do not comply with the RTO standards or the registration and accreditation guidelines,

(i) the training organisation has contravened this Act or a condition to which its registration is subject.

(3) The Board may not impose a restriction under subsection (1) (a) unless the registering body that registered the training organisation:

(a) fails to take any step to deal with the matter to which the grounds relate within 30 days after the matter comes to its attention, or

(b) fails, after taking any step to deal with the matter to which the grounds relate, to take another step within 30 days.

(4) Subsection (3) does not apply if the Board:

(a) is relying on a ground established by a compliance audit, or

(b) is satisfied that it is in the public interest to impose the restriction immediately.

(5) A restriction or suspension imposed under subsection (1) (a), (b) or (c) may, but need not, relate to a particular place or jurisdiction, but if it does so, it may only be imposed because of a particular fact situation that has arisen in that place or jurisdiction.

(6) A restriction or suspension imposed under subsection (1) (a), (b) or (c) must be consistent with this Act and the RTO standards.

(7) Before cancelling the registration of a training organisation under subsection (1) (d), the Board must consult the registering bodies of each of the other jurisdictions where the RTO is operating.

(8) Failure to comply with subsection (7) does not affect the cancellation. Also, the Board is not required to comply with subsection (7) if the Board is satisfied that it is in the public interest to immediately cancel the registration of the training organisation.

(9) A restriction or suspension imposed under this section may be lifted at any time by the Board on payment of such fee as may be determined by the Board and if the Board is satisfied that such requirements as may be determined by the Board have been complied with.