57National VET Regulator to notify person concerned of proposed cancellation

57 National VET Regulator to notify person concerned of proposed cancellation

(1) Before the National VET Regulator cancels a person’s VET qualification or VET statement of attainment, the Regulator must give the person a written notice: (a) stating that the Regulator intends to cancel the person’s qualification or statement and the reasons for the proposed cancellation; and (b) inviting the person to give the Regulator a written response to the notice: (i) if the Regulator considers that the circumstances require urgent action—within a period specified in the notice, which must be at least 24 hours; or (ii) in any other case—within a period specified in the notice, which must be at least 14 days. (2) If the National VET Regulator is unable to give notice to a person personally, the Regulator may give a notice mentioned in subparagraph (1)(b)(ii) in any other way the Regulator considers appropriate, including by: (a) publishing the notice on the Regulator’s website; or (b) publishing the notice in: (i) a national daily newspaper that circulates throughout Australia; and (ii) a regional daily newspaper of the State or Territory in which the person concerned is believed to reside.

Note: See also section 28A of the Acts Interpretation Act 1901 (which deals with service of documents).

(3) To avoid doubt, the National VET Regulator may not give a notice mentioned in subparagraph (1)(b)(i) in a way mentioned in subsection (2).