Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 1 - VET providers  

Division 4 - What are the VET quality and accountability requirements?  

Subdivision 4-E - The VET compliance requirements  

SECTION 26A   Compliance notices  


Grounds for giving a compliance notice

26A(1)    
The Minister may give a *VET provider a written notice (a compliance notice ) in accordance with this clause if the Minister is satisfied that the provider has not complied with, or is aware of information that suggests that the provider may not comply with, one or more of the following:

(a)    this Act or the regulations;

(b)    *VET Guidelines that apply to the provider;

(c)    a condition imposed on the provider ' s approval as a VET provider.

Content of compliance notice

26A(2)    
The compliance notice must:

(a)    set out the name of the provider to which the notice is given; and

(b)    set out brief details of the non-compliance or possible non-compliance; and

(c)    specify action that the provider must take, or refrain from taking, in order to address the non-compliance or possible non-compliance; and

(d)    specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

(e)    if the Minister considers it appropriate - specify a reasonable period within which the provider must provide the Minister with evidence that the provider has taken, or refrained from taking, the specified action; and

(f)    in any case - state that a failure to comply with the notice is a breach of a *VET quality and accountability requirement which may lead to the provider ' s approval as a *VET provider being suspended or revoked; and

(g)    in any case - set out any other matters specified in the *VET Guidelines for the purposes of this paragraph.

Matters that Minister must consider in giving compliance notice

26A(3)    
In deciding whether to give the compliance notice, the Minister must consider all of the following matters:

(a)    whether the non-compliance or possible non-compliance is of a minor or major nature;

(b)    the period for which the provider has been approved as a *VET provider;

(c)    the provider ' s history of compliance with:


(i) this Act and the regulations; and

(ii) the*VET Guidelines that apply to the provider; and

(iii) any conditions imposed on the provider ' s approval as a VET provider;

(d)    the impact of the VET provider ' s non-compliance or possible non-compliance, and of the proposed compliance notice, on:


(i) the VET provider ' s students; and

(ii) the provision of vocational education and training generally;

(e)    the public interest;

(f)    any other matter specified in the VET Guidelines for the purposes of this paragraph.

VET provider to comply with compliance notice

26A(4)    
A *VET provider must comply with a compliance notice given to the provider under this clause.

Note:

A failure to comply with a compliance notice is a breach of a VET quality and accountability requirement which may lead to the provider ' s approval as a VET provider being suspended or revoked (see clauses 33 and 36 ).



Variation and revocation of compliance notice

26A(5)    
The Minister may, by written notice given to the *VET provider, vary or revoke a compliance notice if, at the time of the variation or revocation, the Minister considers that taking such action is in the public interest.

Note:

A variation could, for example, specify different action to be taken by the provider or a different period for complying with the notice.


26A(6)    
In deciding whether to vary or revoke the compliance notice, the Minister must consider any submissions that are received from the *VET provider before the end of the period mentioned in paragraph (2)(d) .

26A(7)    
(Repealed by No 17 of 2021)



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.