Victorian Numbered Acts

EDUCATION AND TRAINING REFORM AMENDMENT (OVERSEAS STUDENTS) ACT 2009 (NO. 85 OF 2009) - SECT 6

After section 4.5.4 of the Education and Training Reform Act 2006 insert —

        " 4.5.5     Faster action in exceptional circumstances

    (1)     This section applies if an institution (other than a school or University) has approval under this Part to provide a specified course to overseas students.

    (2)     Following a review under section 4.5.4, the Authority may give the institution at least 3 working days instead of 28 days to make submissions under section 4.5.4(6) if—

        (a)     the Authority intends to suspend the approval; and

        (b)     the Authority is satisfied that exceptional circumstances exist.

    (3)     Following a review under section 4.5.4, the Authority may give the institution at least 7 days instead of 28 days to make submissions under section 4.5.4(6) if—

        (a)     the Authority intends to cancel the approval; and

        (b)     the Authority is satisfied that exceptional circumstances exist.

    (4)     In this section exceptional circumstances include, but are not limited to the following—

        (a)     the institution has committed a serious breach of occupational health and safety laws;

        (b)     the institution has notified the Authority or its students that it will cease trading or cease conducting operations and that notice is given less than 28 days before it proposes to cease trading or cease conducting operations;

        (c)     urgent action is required—

              (i)     because of significant non-compliance by the institution with the standards required for approval; and

              (ii)     to safeguard or ensure the continuity or quality of the education of the students of the institution.".