New South Wales Consolidated Acts

VOCATIONAL EDUCATION AND TRAINING ACT 2005 - SECT 35

35 Amendment, suspension or cancellation of approval

(1) The Board may, on its own motion or on the application of any person, do any of the following in relation to an approved provider:

(a) amend the approval so that it applies to different courses,

(b) revoke or amend any condition to which the approval is subject,

(c) impose additional conditions on the approval,

(d) suspend or cancel the approval.

(2) The suspension of an approval may be lifted at any time by the Board. Before lifting the suspension, the Board may require the payment of a fee determined by the Board.

(3) The Board may not suspend or cancel an approval except on one or more of the following grounds:

(a) the approved provider requests the suspension or cancellation,

(b) the approved provider is no longer providing courses for overseas students,

(c) the approved provider has ceased to exist,

(d) the approved provider has failed to comply with the approval guidelines,

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

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

(g) the approved provider does not have the resources to competently provide the courses to which the approval relates,

(h) the resources of the approved provider do not comply with the approval guidelines,

(i) in the case of a course that includes matter the subject of proprietary rights (such as copyright)-that the approved provider is not lawfully entitled to the benefit of those rights,

(j) the approved provider has engaged in misleading or deceptive conduct in connection with the recruitment of intending overseas students,

(k) the approved provider has failed to comply with a requirement of the Education Services for Overseas Students Act 2000 of the Commonwealth, or of a regulation under that Act, in relation to the courses to which the approval relates,

(l) the approved provider has contravened this Act, the regulations or a condition to which the provider’s approval is subject.