Commonwealth Consolidated Acts

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 56

  (1)   The National VET Regulator may cancel a VET qualification or VET statement of attainment issued to a person by an NVR registered training organisation or former registered training organisation if the Regulator is satisfied on reasonable grounds that:

  (a)   the organisation did not provide, or arrange for another person to provide, all or part of the assessment necessary for the person to achieve the learning outcomes or competencies required for:

  (i)   the qualification; or

  (ii)   the units of competency or modules specified in the statement; or

  (b)   the qualification or statement was issued by the organisation:

  (i)   in error; or

  (ii)   because of a document or representation that was false or misleading, or was obtained or made in any other improper way; or

  (c)   it was outside the organisation's scope of registration to issue the qualification or statement to the person; or

  (d)   it is appropriate, in all the circumstances, because of action the Regulator has taken, or is taking, in relation to:

  (i)   the VET course, or part of the VET course, to which the qualification relates; or

  (ii)   the organisation, in respect of the VET course, or part of the VET course, to which the qualification relates; or

  (iii)   part of the VET course to which the statement relates; or

  (iv)   the organisation, in respect of part of the VET course to which the statement relates.

  (2)   The National VET Regulator may take action under subsection   (1) in relation to an NVR registered training organisation if:

  (a)   the Regulator gives the organisation a written direction requiring the organisation to:

  (i)   cancel the VET qualification or VET statement of attainment; and

  (ii)   notify the person concerned, in writing, of the cancellation;

    within a period specified in the direction; and

  (b)   the organisation fails to comply with the direction within the period specified in the direction.

  (3)   To avoid doubt, if an NVR registered training organisation has been given a written direction under paragraph   (2)(a), the organisation may cancel the relevant VET qualification or VET statement of attainment even if the organisation's scope of registration no longer allows the organisation to issue the qualification or statement.

  (3A)   If the National VET Regulator believes on reasonable grounds that, if the Regulator were to give a direction under subsection   (2) to an NVR registered training organisation in connection with a VET qualification or VET statement of attainment, the organisation would not comply with the direction, the Regulator may take action under subsection   (1) in relation to the organisation in connection with the qualification or statement.

  (4)   The National VET Regulator may take action under subsection   (1) in relation to a former registered training organisation at any time.

  (5)   The National VET Regulator must not take action under subsection   (1) unless the action is covered by subsection   (2), (3A) or (4).