Division 1Division 1 Registration of training organisations
(1) A person who is not an RTO must not claim to be an RTO.Maximum penalty: 200 penalty units.
(2) A person must not:(a) issue, or claim to be able to issue, a qualification or statement of attainment, or(b) provide, or claim to be able to provide, training or assessments resulting in the issue of a qualification or statement of attainment,unless the person is an RTO operating within the scope of its registration.Maximum penalty: 200 penalty units.
(3) Without limiting subsections (1) and (2), a person is taken to claim that the person is an RTO, or is able to do a particular thing, if the person does anything that is likely to induce another person to believe that the person is an RTO or can do the particular thing.(4) This section does not apply in relation to a registering body.
11 Application for registration
(1) A person may apply to the Board for registration as a training organisation.(2) The application must be in such form, and be accompanied by such fee, as may be determined by the Board.(3) The Board may require the applicant to provide any further information the Board considers relevant to the application.
12 Board to decide application for registration
(1) On receiving an application for registration as a training organisation, the Board may:(a) register the applicant as a training organisation, or(b) refuse to register the applicant.(2) In deciding the application, the Board is to have regard to the RTO standards, the RCAB standards and the registration and accreditation guidelines.(3) The Board may register the applicant as a training organisation only if:(a) on registration under the application, the applicant will not otherwise be registered as a training organisation by any other registering body, and(b) the Board is satisfied that the applicant’s main place of business is, or all or most of its operations will be conducted, in this State, and(c) the Board is satisfied that the applicant complies with the RTO standards.(4) In considering whether an applicant complies with the RTO standards, the Board may conduct a compliance audit of the applicant and have regard to the findings of that audit.(5) Subsection (3) (c) does not apply in relation to an application if:(a) the application is made by a training organisation registered by another registering body, and(b) the training organisation has received a notice from the other registering body under a corresponding law for section 19, and(c) the application does not seek an amendment of the training organisation’s existing scope of registration or registered conditions.(6) The Board may, despite any other provision of this section, refuse to register an applicant as a training organisation if the Board is satisfied that the applicant is not suitable to be registered as a training organisation. In determining whether an applicant is suitable to be registered, the Board may have regard to such matters as it considers relevant (including the registration and accreditation guidelines).(7) If the Board decides to grant the application, the Board must:(a) register the applicant as a training organisation, and(b) register the training organisation’s scope of registration, and(c) if the Board imposes any conditions under section 13—register those conditions in relation to the training organisation, and(d) provide the training organisation with a certificate of registration.(8) The Board must comply with subsection (7):(a) as soon as practicable after approving the application, or(b) if the application is made in conjunction with an application for the cancellation of a training organisation’s registration under a corresponding law for section 19—as soon as practicable after the cancellation under the corresponding law is registered by the other registering body.(9) Subject to section 33, an official university may not be registered as a training organisation.
(1) The registration of a training organisation is subject to:(a) any conditions imposed by the Board under subsection (2) or (3), and(b) the conditions referred to in subsection (4), and(c) any conditions imposed by the Board under section 18 or by another registering body under a corresponding law for that section.(2) The Board may impose such conditions on the registration of a training organisation as the Board thinks appropriate. Any such conditions may be imposed when the Board decides to register the training organisation or at any later time.(3) Without limiting subsection (2), the Board may impose conditions requiring the payment (including periodic payment while the registration of the training organisation remains in force) of fees to the Board in respect of the registration.(4) The registration of a training organisation is also subject to the following conditions:(a) the RTO must comply with the RTO standards,(b) the RTO must notify the Board in writing of any substantial change to the RTO’s control, management or operations before, or as soon as practicable after, the change occurs,(c) the RTO must:(i) submit to any compliance audit conducted by the Board, and(ii) take all necessary steps to comply with the RTO standards if a compliance audit shows that the RTO does not comply with those standards,(d) the RTO must not contravene any provision of this Act or a corresponding law,(e) the RTO must provide the Board or any other registering body with any information the Board or other body reasonably requires in relation to:(i) the RTO’s operations, or(ii) a condition to which its registration is subject.(5) The conditions to which the registration of a training organisation is subject apply in relation to the operations of the training organisation in every jurisdiction, unless the contrary intention appears.(6) An RTO must not contravene a condition to which its registration is subject.Maximum penalty: 200 penalty units.
(7) If the registration of a training organisation by another registering body is subject to conditions imposed by or under a corresponding law, those conditions have effect in this State.
14 Term of registration and renewal
(1) Unless sooner cancelled by the Board, the registration of a training organisation by the Board has effect for such period (not exceeding 5 years) as is specified by the Board.(2) The registration of a training organisation may be renewed by the Board if an application for renewal is made to the Board not less than 3 months (or such other period as the Board may, if it thinks fit, determine in any particular case) before the registration is due to expire.(3) If an application for renewal of the registration of a training organisation is made in accordance with this section, the registration of the training organisation continues to have effect until such time as the Board decides the application.
15 Requirements relating to registration decisions of Board
(1) Before the Board makes any decision under this Division (other than a decision to require a person to provide further information in relation to an application for registration as a training organisation or a decision to grant such an application unconditionally), the Board must:(a) cause notice of the proposed decision to be served on the person concerned, and(b) give the person a reasonable opportunity to make representations to the Board in relation to the proposed decision.(2) Subsection (1) (b) does not apply if the Board is of the opinion that it is in the public interest for the decision to have effect immediately.(3) In making any decision under this Division, the Board is to have regard to the RTO standards, the RCAB standards, the registration and accreditation guidelines and any representations made under this section in relation to the proposed decision.(4) Notice of any decision made by the Board under this Division, together with the reasons for the decision, must be served on the person to which the decision relates.
16 Amendment of registration details on application by RTO
(1) The Board may, on application by a training organisation registered by the Board, amend the details recorded on the National Register in relation to the training organisation.(2) An application under this section must be in the form approved by the Board and accompanied by such fee as may be determined by the Board.
17 Removal of registered details on registration expiry or on application by RTO
The Board must remove from the National Register the details of a training organisation registered by it:(a) if the training organisation’s registration expires and is not renewed, or(b) if the training organisation applies to the Board to have its registration cancelled and the Board grants the application.
18 Board may cancel, suspend or amend registration
(1) The Board may do any one or more of the following:(a) impose or amend the conditions recorded on the National Register in relation to a training organisation that has been registered by another registering body so as to restrict the operations of the training organisation in this State,(b) amend the scope of registration or recorded conditions of a training organisation that has been registered by the Board so as to restrict the operations of the training organisation in this State or any other jurisdiction,(c) suspend the registration, or part of the scope of registration, of a training organisation that has been registered by the Board,(d) cancel the registration of a training organisation that has been registered by the Board.(2) The Board may only take action under subsection (1) in relation to an RTO on any one or more of the following grounds:(a) the training organisation requests the suspension or cancellation of its registration,(b) the training organisation is no longer providing the courses in respect of which it is registered,(c) the training organisation has ceased to exist,(d) the training organisation has failed to comply with the RTO standards or the registration and accreditation guidelines,(e) the training organisation’s financial arrangements or ethical standards are such that they would not warrant the registration of the training organisation if it were now to apply for registration,(f) a reasonable doubt exists as to the training organisation’s financial capacity to continue to meet its contractual obligations to its students, staff or other persons,(g) the training organisation does not have the resources to competently provide the courses in respect of which it is registered,(h) the resources of the training organisation do not comply with the RTO standards or the registration and accreditation guidelines,(i) the training organisation has contravened this Act or a condition to which its registration is subject.(3) The Board may not impose a restriction under subsection (1) (a) unless the registering body that registered the training organisation:(a) fails to take any step to deal with the matter to which the grounds relate within 30 days after the matter comes to its attention, or(b) fails, after taking any step to deal with the matter to which the grounds relate, to take another step within 30 days.(4) Subsection (3) does not apply if the Board:(a) is relying on a ground established by a compliance audit, or(b) is satisfied that it is in the public interest to impose the restriction immediately.(5) A restriction or suspension imposed under subsection (1) (a), (b) or (c) may, but need not, relate to a particular place or jurisdiction, but if it does so, it may only be imposed because of a particular fact situation that has arisen in that place or jurisdiction.(6) A restriction or suspension imposed under subsection (1) (a), (b) or (c) must be consistent with this Act and the RTO standards.(7) Before cancelling the registration of a training organisation under subsection (1) (d), the Board must consult the registering bodies of each of the other jurisdictions where the RTO is operating.(8) Failure to comply with subsection (7) does not affect the cancellation. Also, the Board is not required to comply with subsection (7) if the Board is satisfied that it is in the public interest to immediately cancel the registration of the training organisation.(9) A restriction or suspension imposed under this section may be lifted at any time by the Board on payment of such fee as may be determined by the Board and if the Board is satisfied that such requirements as may be determined by the Board have been complied with.
19 Cancellation of registration on change of business operations
(1) On the grounds that a training organisation registered by the Board no longer has its main place of business in, and no longer conducts all or most of its operations in, this State, the Board may cancel the registration of the training organisation:(a) on application by the training organisation, or(b) on the Board’s own initiative.(2) The Board must give notice to the RTO at least 30 days before cancelling the registration.(3) If, before the end of that 30-day period, the RTO makes an application to another registering body for registration as a training organisation, the Board must not cancel the training organisation’s registration until that application is decided.
20 Suspension or cancellation of registration—training or assessment previously agreed to be provided
(1) This section applies in relation to a training organisation if:(a) the Board suspends or cancels its registration, and(b) before the suspension or cancellation took effect, the training organisation entered into an agreement to provide training or an assessment to a person.(2) On application by the training organisation, the Board may approve the provision of training or assessment under the agreement for such period as may be specified by the Board in the approval, unless the Board is of the opinion that there are circumstances justifying the refusal of the application.(3) The registration of the training organisation is taken to continue during the period specified in the Board’s approval, but only for the purposes of enabling the training organisation:(a) to provide the training or assessment, or(b) to issue a qualification or statement of attainment in relation to the training or assessment.(4) The Board’s approval under this section may be withdrawn at any time.
21 Board to register amendment, suspension or cancellation
If the Board:(a) amends the scope of registration of a training organisation or the conditions recorded on the National Register in relation to the RTO, or(b) suspends the registration, or part of the scope of registration, of a training organisation, or(c) cancels the registration of a training organisation,the Board is to give effect to its decision by amending the National Register accordingly.
(1) The Board may, at any time, conduct a compliance audit of:(a) a training organisation registered by the Board or that has applied to the Board for registration, or(b) any of the training organisation’s operations (whether those operations are conducted in this State or elsewhere).(2) The Board may conduct an audit of a training organisation registered by another registering body, or of any of its operations conducted in this State, if:(a) the Board:(i) suspects on reasonable grounds that the RTO has contravened the RTO standards, and(ii) has advised the registering body that registered the RTO of the suspected contravention, and(b) that registering body:(i) within 30 days after receiving the advice, fails to take steps to deal with the suspected contravention to the satisfaction of the Board, or(ii) at any time advises the Board that it does not propose to take any steps or further step to deal with the suspected contravention.(3) In conducting a compliance audit the Board is to have regard to the RCAB standards.(4) A failure to comply with subsection (3) is of no effect if the failure:(a) does not affect the outcome of the audit, or(b) arises out of an inconsistency between the RCAB standards and the legislation of the jurisdiction in relation to which the failure arises.(5) This section does not limit the power of any registering body to inquire into the activities of a training organisation.
23 Information may be given to registering bodies
(1) The Board may disclose to any agency of the State or the Commonwealth or of any other State or Territory or, to the extent authorised by the regulations, to any other person any information the Board has about or arising from:(a) an application by a person for registration as a training organisation, or(b) a training organisation’s registration, or(c) a compliance audit conducted by the Board, or(d) any action taken by the Board in relation to an RTO, or(e) the exercise of a function by a person at the request of another registering body.(2) In disclosing any information in accordance with this section or under a provision of a corresponding law, the Board does not contravene any obligation, whether imposed by any other Act or law, not to disclose the information.