VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 26A
VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 26A
26A . Compliance audits
(1) An inquiry
conducted under section 58D of the Act may be in the form of a compliance
audit on a WA registered provider.
(2) The Council may
conduct a compliance audit on a WA registered provider —
(a) if
the Council thinks fit after assessing the results of an audit; or
(b) as
part of an investigation of a complaint.
(3A) A WA registered
provider must cooperate with the Council in its conduct of a compliance audit
and provide any relevant information that the Council requests.
(3B) A compliance
audit must comply with the Standards for VET Regulators to the extent that
they relate to compliance audits.
(3C) A contravention
of subregulation (3B) does not affect the validity of the compliance
audit if the contravention —
(a) does
not substantially affect the outcome of the compliance audit; or
(b)
arises out of an inconsistency between the Standards for VET Regulators and
written laws.
(3) If the Council
conducts a compliance audit on a WA registered provider, a charge is payable
for —
(a) the
costs and expenses incurred by the Council in conducting the audit, calculated
as the sum of —
(i)
$1 000; and
(ii)
if the audit exceeds 4 hours in length —
$250 per subsequent hour; and
(iii)
the official travel costs;
and
(b) if
any part of the audit is conducted outside Australia — any
additional expenses reasonably incurred by the Council relating to that part
of the audit.
(4) A charge under
subregulation (3) relating to a compliance audit on a WA registered
provider is payable by that provider.
(5) If a charge
payable under subregulation (3) is not paid, the amount of the charge may
be recovered in a court of competent jurisdiction as a debt due to the State.
[Regulation 26A inserted: Gazette 17 Dec 2013
p. 6225‑6; amended: Gazette 10 Mar 2015 p. 832.]