Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 1 - VET providers  

Divison 5 - When does a body cease to be a VET provider?  

Subdivision 5-C - Process for decisions on revocation under Subdivision 5-B  

SECTION 36   Suspension of approval as a provider   Suspension pending revocation

36(1)  
The Minister may, by legislative instrument, determine that, with effect from a specified day, a body ' s approval as a *VET provider is suspended pending the making of a decision under Subdivision 5-B as to whether to revoke the body ' s approval as a provider.

36(2)  
A copy of the determination must be given to the body concerned.

36(2A)  
Before making a determination under subclause (1) in respect of a body, the Minister must give the body notice in writing:


(a) stating that the Minister is considering suspending the body ' s approval; and


(b) stating the reasons why the Minister is considering suspending the body ' s approval; and


(c) inviting the body to respond to the Minister, in writing, within 14 days of the date of the notice.

36(2B)  
In deciding whether or not to make a determination under subclause (1), the Minister must consider any response received from the body within the 14 day period.

36(3)  
If the Minister makes a determination under subclause (1) in respect of a body, the Minister must give to the Body a notice under clause 34 within a reasonable period of time after giving a copy of the determination to the body.

36(4)  
A determination under this clause:


(a) takes effect accordingly on the day specified in the determination; and


(b) ceases to have effect if the Minister decides not to revoke the body ' s approval as a *VET provider. Suspension for poor performance

36(5)  
The *Secretary may, in writing, suspend a body ' s approval as a *VET provider if:


(a) an audit of the body has been conducted about any or all of the matters in paragraph 26(1)(b) ; and


(b) the audit identified one or more concerns; and


(c) those concerns have yet to be resolved as described in paragraph (6)(b).

36(6)  
The suspension:


(a) starts on the day of the decision under subclause (5); and


(b) ends on the day (if any) that the *Secretary notifies the body, in writing, that the Secretary reasonably believes that those concerns have been satisfactorily resolved by the body in accordance with a plan agreed between the body and the Commonwealth.

36(7)  
Before making a decision under subclause (5), the *Secretary must give the body a notice in writing:


(a) stating that the Secretary is considering making the decision; and


(b) stating the reasons why the Secretary is considering making the decision; and


(c) inviting the body to respond to the Secretary, in writing, within 14 days; and


(d) informing the body that, if no response is received within the 14 day period, the Secretary may proceed to make the decision.

36(8)  
In deciding whether to make the decision under subclause (5), the *Secretary must consider any response received from the body within the 14 day period.

36(9)  
The *Secretary must give written notice of a decision under subclause (5) to the body. The notice must be given within 14 days after the day the decision was made.




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