VICIn ForceAct
Education and Training Reform Act 2006
Div 1ARegistration of school boarding premises 528
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Division 1A—Registration of school boarding premises 528
4.3.8B Application for registration of school boarding premises 528
4.3.8C Authority must not register school boarding premises unless satisfied of certain matters 528
4.3.8D Conditions of registration 530
4.3.8E Authority may assess the financial capability of providers of school boarding services at registered non-government school boarding premises 531
4.3.8F Compliance with minimum standards for registration of school boarding premises 532
4.3.8G General review of operation of registered school boarding premises by Authority 533
4.3.8H Specific review of operation of registered school boarding premises by Authority 534
4.3.8J Undertakings by provider of school boarding services 535
4.3.8K Copy of undertaking 536
4.3.8L Register of undertakings 536
4.3.8M Authority may apply for Court order if undertaking breached 536
4.3.8N Interim condition may be imposed on registered school boarding premises before review completed 537
4.3.8O Interim condition on school boarding premises to be reviewed at completion of review 538
4.3.8P Procedure after decision to take action in respect of registered school boarding premises 539
4.3.8Q Action after review of a registered school boarding premises 540
4.3.8R Authority may suspend or cancel registration of non-government school boarding premises if provider is insolvent under administration or compulsorily wound up 542
4.3.8S Authority may cancel registration of non‑government school boarding premises that has ceased to operate 544
4.3.8T Provider of school boarding services must give notice of action taken in relation to school boarding premises to students' parents 545
4.3.8U Authority to notify parents of its actions if provider does not notify them 545
4.3.8V Reports relating to registered school boarding premises 546
4.3.8W Notice of registration of school boarding premises to be displayed 546
4.3.8X Providers of school boarding services must keep record of location of students 547
4.3.8Y Register of school boarding premises 547
4.3.8Z Authority may issue guidelines 547
Division 2—Registration of students for home schooling 548
4.3.9 Authority to register students for home schooling 548
Division 3—School sector registration 549
4.3.9A Application of Division 549
4.3.10 Registration of education and training organisations 550
4.3.11 Criteria for registration 551
4.3.12 Terms of registration 553
Division 4—Nationally recognised vocational education and training 554
4.3.12A Intent of Division 554
4.3.13 Application of Division 555
4.3.14 Registration and national effect of registration 555
4.3.15 Applying for registration 555
4.3.16 Decision about registration 555
4.3.17 Registration conditions 562
4.3.17A The Authority may extend the 12 month period regarding an RTO's management of the transition from superseded training packages 565
4.3.18 Term of registration 566
4.3.18A Guidelines 567
4.3.19 Amending registration on application by registered education and training organisation 569
4.3.20 Removal of registered details 570
4.3.21 Amending, suspending or cancelling registration without application 570
4.3.21A Faster action in exceptional circumstances 573
4.3.22 Cancelling registration on change of business operations 575
4.3.23 Effect of suspension of registration of RTO 575
4.3.24 Registering body to register amendment, suspension or cancellation 576
4.3.25 Audit of RTO registered by the Authority 577
4.3.26 Audit of RTO registered by another registering body 577
4.3.27 Conduct of audit 578
4.3.28 Powers not limited by compliance audit provisions 578
4.3.29 Function or power may be used to support national scheme 578
4.3.29A RTO contracts taken to include fair contract terms 579
Division 5—Higher education 580
4.3.30 Approval of Universities 580
4.3.31 Revocation or suspension of approval of University 581
4.3.32 Disallowance of notices 581
4.3.33 Authorisation to conduct higher education courses 582
4.3.34 Suspension or cancellation of authorisation 583
4.3.35 Review of operations of universities, institutions 584
Division 6—Approval to exercise delegated powers 586
4.3.36 Approvals to enable delegation of powers 586
Division 7—Reserve step-in powers 588
4.3.38 Definitions 588
4.3.39 Displacement of other laws 588
4.3.40 Notices relating to appointment of external administrator under Corporations Act 589
4.3.41 Application for order for judicial administration 589
4.3.42 Order for judicial administration 589
4.3.43 Commencement of judicial administration 590
4.3.44 Appointment of judicial administrator 590
4.3.45 Remuneration of judicial administrator 591
4.3.46 Administration to vest in judicial administrator 591
4.3.47 Powers and duties of judicial administrator 591
4.3.48 Supreme Court’s control of judicial administrator 592
4.3.49 Application by Authority for instructions to judicial administrator 593
4.3.50 Request by Authority for information 593
4.3.51 Duration of judicial administration 593
4.3.52 Effect of cancellation or ending of judicial administration 594
4.3.53 How judicial administrator is to administer 594
Part 4.4—Accreditation and qualifications 595
Division 1—Investigation and accreditation 595
4.4.1 Investigation of a course or part of a course by Authority 595
4.4.2 Accreditation of a course or part of a course 596
4.4.3 Cancellation or suspension of accreditation 598
4.4.4 Review of higher education courses 599
Division 2—Qualifications 599
4.4.5 Who can issue qualifications? 599
Part 4.5—Overseas students 601
4.5.1 Approval to provide courses for overseas students 601
4.5.2 Process for approval 603
4.5.3 Suspension or cancellation of approval 603
4.5.4 Review of operations of institutions and courses 604
4.5.5 Faster action in exceptional circumstances 606
Part 4.5A—Overseas exchange students 608
4.5A.1 Approval of overseas secondary student exchange organisations 608
4.5A.2 Conditions of approval 609
4.5A.3 Application for approval 609
4.5A.4 Duration and renewal of approval 610
4.5A.5 Application for renewal of approval 610
4.5A.6 Suspension or cancellation of approval 611
Part 4.6—State Register 612
4.6.1 State Register 612
4.6.2 Division of education and training organisations 613
4.6.3 Division of Higher Education 614
4.6.4 National registration 614
Part 4.6A—Complaint handling and dispute resolution 616
Division 1—Handling of complaints by RTOs 616
4.6A.1 Definition of RTO in this Division 616
4.6A.2 Complaint handling process 616
4.6A.3 Register of complaints 617
4.6A.4 Access to register of complaints 618
4.6A.5 RTO must keep complete records of complaints 618
4.6A.5A Referral of complaint under approved scheme if not resolved by RTO 618
4.6A.5B Approval of dispute resolution and student welfare scheme 619
4.6A.5C RTO must disclose whether member of dispute resolution and student welfare scheme 619
4.6A.6 Student may make complaint to Authority 619
Division 2—Investigation of complaints by Authority 620
4.6A.7 Person may make a complaint to Authority 620
4.6A.8 Authority must investigate a complaint 620
Part 4.7—Offences 622
4.7.1 Unregistered schools 622
4.7.1A Person may not conduct an unregistered school boarding premises 622
4.7.2 Offences by unregistered persons 622
4.7.3 Offence in relation to accredited courses 623
4.7.4 Offences in relation to courses and qualifications 624
4.7.5 Offence to falsely claim to be an RTO 625
4.7.6 Only approved universities to operate in Victoria 626
4.7.7 Accreditation and authorisation of courses required 626
4.7.8 Offence to falsely claim to provide an accredited course 627
4.7.9 Offence in relation to qualifications 628
4.7.10 RTO must keep certain information or documents available for inspection 629
4.7.11 False or misleading information 629
4.7.12 RTO must keep student records 630
Part 4.8—Review by VCAT 631
4.8.1 Review by VCAT 631
Part 4.9—Information and evidence 633
4.9.1 Publication of registers 633
4.9.2 Certificate prima facie evidence 633
4.9.3 False representation 633
4.9.4 Authority may disclose information 634
4.9.4A Authority may request information to determine compliance with prescribed minimum standards 634
4.9.4B Secretary may disclose information 636