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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Education and Training Reform Amendment
(Overseas Students) Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Functions of Victorian Registration and Qualifications
Authority 2
4 New section 4.2.9 inserted 3
4.2.9 Power to notify students about education and training
organisations 3
5 Review of operations of institutions and courses 4
6 New section 4.5.5 inserted 6
4.5.5 Faster action in exceptional circumstances 6
7 Repeal of amending Act 7
ENDNOTES 8
561444B.I-10/11/2009 i BILL LA INTRODUCTION 10/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Education and Training Reform
Amendment (Overseas Students) Bill
2009
A Bill for an Act to amend the Education and Training Reform Act
2006 to provide for an expedited process for taking action against
institutions providing courses to students from overseas and to provide
for public disclosure of information about the cancellation or
suspension under that Act of the registration, authorisation or approval
of certain persons or bodies and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Education and Training Reform Act 2006--
(a) to provide for an expedited process for
5 taking action against institutions providing
courses to overseas students; and
561444B.I-10/11/2009 1 BILL LA INTRODUCTION 10/11/2009
Education and Training Reform Amendment (Overseas Students) Bill 2009
s. 2
(b) to provide for public disclosure of
information about the cancellation or
suspension under that Act of the registration,
approval or authorisation of certain persons
5 or bodies.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Functions of Victorian Registration and
10 Qualifications Authority
See: (1) For section 4.2.2(1)(h) of the Education and
Act No.
24/2006. Training Reform Act 2006 substitute--
Reprint No. 1
as at "(h) ensure the public availability of meaningful
14 July 2008
and
and accurate information about--
amending
15 Act Nos (i) registered education and training
12/2008, organisations and their compliance with
62/2008,
70/2008, the requirements of this Chapter and
4/2009 and any standards prescribed by the
45/2009.
LawToday: regulations; and
www.
20 legislation. (ii) persons or bodies (other than schools)
vic.gov.au whose registration, approval or
authorisation under Division 3, 4 or 5
of Part 4.3 has been cancelled or
suspended (which may include the
25 names and positions of the owners,
directors, partners, high managerial
agents or principal executive officer
(as the case requires) of those persons
or bodies) and the reasons for that
30 cancellation or suspension; and
(iii) persons or bodies (other than schools)
whose approval under Part 4.5 has been
cancelled or suspended (which may
include the names and positions of the
35 owners, directors, partners, high
managerial agents or principal
561444B.I-10/11/2009 2 BILL LA INTRODUCTION 10/11/2009
Education and Training Reform Amendment (Overseas Students) Bill 2009
s. 4
executive officer (as the case requires)
of those persons or bodies) and the
reasons for that cancellation or
suspension;".
5 (2) After 4.2.2(2) of the Education and Training
Reform Act 2006 insert--
"(3) In this section--
high managerial agent in relation to a
person or body means an employee,
10 agent or officer of the person or body
with duties of such responsibility that
his or her conduct may fairly be
assumed to represent the person or
body in relation to the provision of
15 education and training by the person or
body;
principal executive officer in relation to a
person or body, means the person who
has executive responsibility for the
20 operation of the person or body.".
4 New section 4.2.9 inserted
After section 4.2.8 of the Education and
Training Reform Act 2006 insert--
"4.2.9 Power to notify students about education
25 and training organisations
(1) This section applies if any action taken under
this Act in relation to an education and
training organisation may affect the delivery
of services to students by that organisation.
30 (2) The Authority may do either or both of the
following--
(a) direct the education and training
organisation to notify any students
enrolled by the organisation of the
35 action and its effect on the delivery of
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Education and Training Reform Amendment (Overseas Students) Bill 2009
s. 5
services to the students by the
education and training organisation; or
(b) by public notice or otherwise, notify the
students of the action and its effect on
5 the delivery of services by the
education and training organisation.
(3) In this section--
action means the suspension or cancellation
of, or the imposition of a condition on,
10 a registration, approval or authorisation
under Division 3, 4 or 5 of Part 4.3 or
an approval under Part 4.5.
education and training organisation
means--
15 (a) a person or body (other than a
school) that is or was registered,
approved or authorised under
Division 3, 4 or 5 of Part 4.3; or
(b) a person or body (other than a
20 school) that is or was approved
under Part 4.5.".
5 Review of operations of institutions and courses
(1) For section 4.5.4(4) of the Education and
Training Reform Act 2006 substitute--
25 "(4) If the Authority is satisfied after the conduct
of a review in accordance with this section
that it is in the interests of overseas students
enrolled at the school, University or other
institution or in the public interest that the
30 approval should be suspended or cancelled
or made subject to a condition, the Authority
may, in accordance with this Part--
(a) suspend or cancel that approval; or
(b) impose a condition on that approval.".
561444B.I-10/11/2009 4 BILL LA INTRODUCTION 10/11/2009
Education and Training Reform Amendment (Overseas Students) Bill 2009
s. 5
(2) In section 4.5.4(5) of the Education and
Training Reform Act 2006--
(a) omit ", revocation" (where twice occurring);
(b) after "suspension" (where secondly
5 occurring) insert ", cancellation".
(3) In section 4.5.4(6) of the Education and
Training Reform Act 2006--
(a) for "The Authority must" substitute
"Subject to section 4.5.5, the Authority
10 must";
(b) omit ", revocation".
(4) After section 4.5.4(6) of the Education and
Training Reform Act 2006 insert--
"(7) Subsections (5) and (6) do not apply to an
15 institution (other than a University or a
school) if it--
(a) has ceased to trade or to conduct
operations; or
(b) has become bankrupt; or
20 (c) in the case of a body corporate, is the
subject of a winding up order.
(8) In the circumstances set out in subsection
(7), the Authority may cancel or suspend the
approval of the institution immediately.
25 (9) The Authority must advise the institution in
writing, without delay, of the cancellation or
suspension under subsection (8) of the
approval of the institution and the reasons for
that cancellation or suspension.".
561444B.I-10/11/2009 5 BILL LA INTRODUCTION 10/11/2009
Education and Training Reform Amendment (Overseas Students) Bill 2009
s. 6
6 New section 4.5.5 inserted
After section 4.5.4 of the Education and
Training Reform Act 2006 insert--
"4.5.5 Faster action in exceptional circumstances
5 (1) This section applies if an institution (other
than a school or University) has approval
under this Part to provide a specified course
to overseas students.
(2) Following a review under section 4.5.4, the
10 Authority may give the institution at least
3 working days instead of 28 days to make
submissions under section 4.5.4(6) if--
(a) the Authority intends to suspend the
approval; and
15 (b) the Authority is satisfied that
exceptional circumstances exist.
(3) Following a review under section 4.5.4, the
Authority may give the institution at least
7 days instead of 28 days to make
20 submissions under section 4.5.4(6) if--
(a) the Authority intends to cancel the
approval; and
(b) the Authority is satisfied that
exceptional circumstances exist.
25 (4) In this section exceptional circumstances
include, but are not limited to the
following--
(a) the institution has committed a serious
breach of occupational health and
30 safety laws;
(b) the institution has notified the
Authority or its students that it will
cease trading or cease conducting
operations and that notice is given less
561444B.I-10/11/2009 6 BILL LA INTRODUCTION 10/11/2009
Education and Training Reform Amendment (Overseas Students) Bill 2009
s. 7
than 28 days before it proposes to cease
trading or cease conducting operations;
(c) urgent action is required--
(i) because of significant non-
5 compliance by the institution with
the standards required for
approval; and
(ii) to safeguard or ensure the
continuity or quality of the
10 education of the students of the
institution.".
7 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
15 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Education and Training Reform Amendment (Overseas Students) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561444B.I-10/11/2009 8 BILL LA INTRODUCTION 10/11/2009
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