VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 26B

VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 26B

26B .         Investigations of complaints

        (1)         An inquiry conducted under section 58D of the Act may be in the form of an investigation of a complaint made about compliance by a WA registered provider with the registration standards, the AQF, the conditions of registration or the accreditation standards.

        (2A)         A WA registered provider must cooperate with the Council in its conduct of an investigation and provide any relevant information that the Council requests.

        (2)         The investigation of a complaint must comply with the Standards for VET Regulators to the extent that they relate to investigations of complaints.

        (3)         A contravention of subregulation (2) does not affect the validity of the investigation of a complaint if the contravention —

            (a)         does not substantially affect the outcome of the investigation; or

            (b)         arises out of an inconsistency between the Standards for VET Regulators and written laws.

        (4)         If the Council investigates a complaint made about a WA registered provider and finds the complaint substantiated, a charge is payable for —

            (a)         the costs and expenses incurred by the Council in conducting the investigation, calculated as the sum of —

                  (i)         $250 per hour; and

                  (ii)         the official travel costs;

                and

            (b)         if a compliance audit is conducted as part of the investigation — the charges prescribed under regulation 26A(3)(a); and

            (c)         if any part of the investigation, or compliance audit referred to in paragraph (b), is conducted outside Australia — any additional expenses reasonably incurred by the Council relating to that part of the investigation or audit.

        (5)         A charge under subregulation (4) relating to an investigation of a complaint about a WA registered provider is payable by that provider.

        (6)         If a charge payable under subregulation (4) 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 26B inserted: Gazette 17 Dec 2013 p.   6226; amended: Gazette 10 Mar 2015 p. 832‑3.]