Education and Training Reform Act 2006

Registration of an RTO under this Division is subject to—

conditions imposed under subsection (2); and

registered conditions imposed—

under section 4.3.16(6) or 4.3.21(2); or

by another registering body under a provision of a corresponding law corresponding to section 4.3.21(2)(a).

For an RTO registered under section 4.3.16, the following conditions are imposed for the RTO's period of registration—

subject to section 4.3.17A, the RTO must comply with requirements stated to apply to an RTO under the RTO standards;

the RTO must comply with the Child Safe Standards, if the RTO is a relevant entity for which the Authority is an integrated sector regulator;

the RTO must give notice to the Authority of the following matters as soon as practicable after they happen—

any substantial change to the RTO's control, management or operations;

any matter the RTO standards state the RTO must give notice of to the Authority;

the RTO—

must submit to any compliance audit conducted by the Authority under section 4.3.25; and

if a particular compliance audit shows the RTO does not comply with the RTO standards (other than the legislative compliance standard), must take all necessary steps to comply with the standards;

the RTO must submit to any compliance audit conducted by another registering body under a provision of a corresponding law corresponding to section 4.3.26;

the RTO must pay the fees for registration fixed by the Minister;

the RTO must not contravene a provision of this Act or a corresponding law;

the RTO must give to the Authority any information about any of its operations reasonably required by the Authority;

the RTO must give to the Authority any information reasonably required by it relating to a registered condition imposed by the Authority under section 4.3.21;

the RTO must give to another registering body any information reasonably required by the other registering body under a provision of a corresponding law corresponding to section 4.3.21(2)(a).

The conditions imposed by the Authority under section 4.3.16(6) or 4.3.21(2) must—

relate to the obligations of an RTO under this Act or the regulations or the RTO standards; and

be imposed for the purpose of—

improving compliance with those obligations; or

preventing, or minimising the risk of, non-compliance with those obligations; or

protecting the interests of students enrolled with the RTO or the public interest.

Conditions may be imposed under section 4.3.16(6) on or during the period of registration.

The conditions imposed under section 4.3.16(6) may be conditions that apply to a particular RTO or that apply generally to RTOs or a class of RTOs.

The Authority must give an RTO or RTOs 28 days to make written submissions on a proposal to impose a condition on the registration of the RTO or RTOs during the period of registration and must consider any submissions before deciding whether or not to impose the condition.

Conditions mentioned in subsections (1) and (2) to which an RTO is subject apply in relation to the operations of the RTO in every jurisdiction, unless the contrary intention appears.

An RTO must not contravene a condition of its registration.

It is declared that a condition to which an RTO registered by another registering body is expressed to be subject in Victoria under a provision of a corresponding law corresponding to subsection (3) has effect for Victoria.

For the purposes of enabling an RTO to comply with the requirements stated to apply to the RTO under the RTO standards, the Authority may extend the 12 month period referred to in Condition 9 of the AQTF 2010 Essential Conditions and Standards for Continuing Registration regarding an RTO's management of the transition from superseded training packages.

For the purposes of subsection (1), the Authority may extend the 12 month period on its own initiative or on an application from an RTO or an interested party.

An application referred to under subsection (2) must be—

made in the form approved by the Authority; and

accompanied by the relevant fee fixed by the Minister.

The applicant must give the Authority any further information it requires to investigate and decide the application.

The Authority must not extend the 12 month period unless it is satisfied that—

there would be a disadvantage to vocational education and training students if the Authority did not extend the 12 month period; or

exceptional circumstances exist.

If the Authority decides to extend the 12 month period, either as a result of an application or on its own initiative, the Authority must ensure that details of the extension are published as soon as practicable in the Government Gazette and on the Authority's website.

A decision made by the Authority to extend the 12 month period under this section applies to all RTOs that include the relevant superseded qualification in the RTOs' scope of registration as a result of the superseded training package.

In this section—