Victorian Numbered Acts

EDUCATION AND TRAINING REFORM ACT 2006 (NO 24 OF 2006) - SECT 4.3.16

    (1)     On an application for registration, the Authority may register the applicant as a training organisation on the National Register, or refuse to do so.

    (2)     In deciding the application, the Authority must apply the RTO standards.

    (3)     The Authority must not grant the application unless—

        (a)     on registration under the application, the applicant will not otherwise be registered as a training organisation by a registering body; and

        (b)     the Authority considers that the applicant's principal place of business is in Victoria or all or most of its operations will be conducted in Victoria; and

        (c)     a compliance audit has been conducted of the applicant that shows the applicant complies with the RTO standards (other than the legislative compliance standard).

    (4)     Sub-section (3)(c) does not apply to an application if—
s. 4.3.16

        (a)     the application is made by an RTO registered by another registering body; and

        (b)     the RTO has received a notice from the other registering body under a provision of a corresponding law corresponding to section 4.3.22; and

        (c)     the application does not ask for an amendment of the RTO's existing scope of registration or registered conditions.

    (5)     Sub-sections (2) and (3) do not limit the grounds on which the Authority may decide not to grant the application.

    (6)     The Authority may impose reasonable conditions on the registration of the training organisation to take effect for the period of registration.

    (7)     A condition imposed under sub-section (6)—

        (a)     must apply for all jurisdictions (it can not be limited in effect to a particular place or jurisdiction); and

        (b)     must be consistent with this Act and the RTO standards.

    (8)     If the Authority decides to grant the application, the Authority must—

        (a)     register the applicant as a training organisation and the applicant's scope of registration; and

        (b)     if the Authority imposes a condition under sub-section (6)—
s. 4.3.16

              (i)     give the applicant a notice of the decision; and

              (ii)     register the condition for the applicant.

    (9)     The Authority must comply with sub-section (8)—

        (a)     immediately after granting the application; or

        (b)     if the application is a transfer application mentioned in section 4.3.22 , immediately after the existing registration of the training organisation is cancelled under section 4.3.24.

    (10)     If the Authority decides not to grant the application, the Authority must immediately give the applicant a notice of its decision.