TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 29
TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 29
(1) The Commission
must, in determining whether to register, or renew or vary the registration
of, a training provider, and in determining conditions of registration—
(a)
apply—
(i)
the standards for registered training providers; and
(ii)
the guidelines (if any) developed by the Commission and
approved by the Minister; and
(b) have
regard to the standards for State and Territory registering/course accrediting
bodies.
(2) The Commission may
not register, renew or vary the registration of a person under this section
unless the Commission is satisfied that the person is fit and proper to be so
registered, or to have the registration so renewed or varied, taking into
account—
(a) the
prior conduct of the person or an associate of the person (whether in this
State or elsewhere); and
(b) any
other matter that the Commission considers relevant.
(3) The Commission may
not register, or renew or vary the registration of, a training provider that
is registered as the result of a determination by some other registering body
unless the Commission determines (according to such criteria as the Commission
thinks fit) that this State will be the provider's principal place of business
as a training provider.
(4) In this section, a
person is an "associate" of another person if—
(a) they
are partners; or
(b) they
are both trustees or beneficiaries of the same trust, or 1 is a trustee and
the other is a beneficiary of the same trust; or
(c) 1 is
a body corporate and the other is a director or a member of the governing body
of the body corporate; or
(d) 1 is
a body corporate and the other is a person who has a legal or equitable
interest in 5% or more of the share capital of the body corporate; or
(e) 1 is
an employer or employee of the other; or
(f) 1 is
the spouse, domestic partner, parent or child of the other; or
(g) a
chain of relationships can be traced between them under any 1 or more of the
preceding paragraphs.