VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 12
VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 12
12 . Registering training providers
(1) In this
regulation, a person is an associate of another person if —
(a) one
is a parent, spouse, de facto partner or child of the other; or
(b) one
is an employer or employee of the other; or
(c) they
are partners in a partnership; or
(d) one
is a body corporate and the other —
(i)
is a director or a member of the governing body of the
body corporate; or
(ii)
is otherwise involved in the control or management of the
body corporate; or
(iii)
has a legal or equitable interest in 5% or more of the
share capital of the body corporate;
or
(e) one
is the trustee or beneficiary of a trust of which the other is also a trustee
or beneficiary; or
(f) a
chain of relationships can be traced between them under one or more of the
preceding paragraphs.
(2) This regulation
applies whether the Council is deciding a registration application, or
deciding on its own initiative whether to register a training provider.
(3) The Council must
not register a training provider unless it is satisfied that the provider
satisfies the criteria for making an application for registration under
regulation 10(1) and has sufficient resources to be a training provider
and that —
(a) the
provider complies with the conditions of registration, the registration
standards and the AQF; or
(b) an
audit has been conducted on the provider within the previous 3 months and
the provider has been found to comply with the conditions of registration, the
registration standards and the AQF; or
(c) the
provider is registered under a corresponding law and the registration
application does not seek either —
(i)
a scope of registration; or
(ii)
a condition of its registration,
that differs from the
scope or any condition of its registration under the corresponding law.
(4) The Council must
not register a training provider who is registered under a corresponding law
or the Commonwealth Act until the Council receives a notice from the relevant
registering body that the registering body has cancelled the provider’s
registration.
(5) The Council must
not register a training provider unless the provider has paid the registration
fee set under regulation 23.
(6) The Council may
refuse to register a training provider if it is not satisfied the provider is
a fit and proper person to be registered having regard to —
(a) the
prior conduct of the provider or an associate of the provider (whether in WA
or elsewhere); and
(b) any
other matter the Council considers relevant.
(7) If the Council
decides to register a training provider, it must do the following —
(a)
include this information on the register —
(i)
the provider’s personal details;
(ii)
the provider’s scope of registration;
(iii)
any condition of the registration imposed under
regulation 13(3)(c) ;
(b) give
the applicant a registration document;
(c) give
the applicant written notice of each condition to which the registration is
subject under regulation 13.
[Regulation 12 amended: Gazette
25 Oct 2011 p. 4509; 17 Dec 2013 p. 6221;
10 Mar 2015 p. 828‑9.]