EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.3.21A Faster action in exceptional circumstances
EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.3.21A
Faster action in exceptional circumstances(1) The powers under this section are in addition to, and not in derogation of, the powers conferred by section 4.3.21(9).
(2) Subject to this section, the Authority may suspend the registration, or part of the scope of the registration, of an RTO or cancel the registration of an RTO under section 4.3.21, without delay, if the Authority is satisfied that exceptional circumstances exist.
(3) The Authority must give the RTO at least 3 working days to make submissions if the Authority intends to suspend the registration, or part of the scope of the registration, of the RTO.
(4) The Authority must give the RTO at least 7 days to make submissions if the Authority intends to cancel the registration of the RTO.
(5) The Authority may take the action referred to in this section concurrently with any action under section 4.5.5 in relation to an RTO.
(6) In this section exceptional circumstances include, but are not limited to the following—
(a) the RTO has committed a serious breach of occupational health and safety laws;
(b) the RTO has notified the Authority or its students that it will cease trading or cease conducting operations and that notice is given less than 28 days before it proposes to cease trading or cease conducting operations;
(c) urgent action is required—
(i) because of significant non-compliance by the RTO with the RTO standards; and
S. 4.3.21A
(6)(c)(ii) amended by No. 23/2021 s. 63(a).
(ii) to
safeguard or ensure the continuity or quality of the education of the students
of the RTO;
S. 4.3.21A
(6)(d) inserted by No. 23/2021 s. 63(b).
(d) circumstances in which—
(i) there is an unacceptable risk of harm to a child; and
(ii) suspension or cancellation (as the case requires) is necessary to prevent or reduce the risk of that harm occurring.