Education and Training Reform Amendment (Overseas Students) Act 2009

i Education and Training Reform Amendment (Overseas Students) Act 2009 No. 85 of 2009 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Functions of Victorian Registration and Qualifications Authority 2 4 New section 4.2.9 inserted 3 4.2.9 Power to notify students about education and training organisations 3 5 Review of operations of institutions and courses 4 6 New section 4.5.5 inserted 6 4.5.5 Faster action in exceptional circumstances 6 7 Repeal of amending Act 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 Education and Training Reform Amendment (Overseas Students) Act 2009 † No. 85 of 2009 [Assented to 15 December 2009] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Education and Training Reform Act 2006— (a) to provide for an expedited process for taking action against institutions providing courses to overseas students; and Victoria -- 2 of 9 -- Education and Training Reform Amendment (Overseas Students) Act 2009 No. 85 of 2009 2 (b) to provide for public disclosure of information about the cancellation or suspension under that Act of the registration, approval or authorisation of certain persons or bodies. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Functions of Victorian Registration and Qualifications Authority (1) For section 4.2.2(1)(h) of the Education and Training Reform Act 2006 substitute— "(h) ensure the public availability of meaningful and accurate information about— (i) registered education and training organisations and their compliance with the requirements of this Chapter and any standards prescribed by the regulations; and (ii) persons or bodies (other than schools) whose registration, approval or authorisation under Division 3, 4 or 5 of Part 4.3 has been cancelled or suspended (which may include the names and positions of the owners, directors, partners, high managerial agents or principal executive officer (as the case requires) of those persons or bodies) and the reasons for that cancellation or suspension; and (iii) persons or bodies (other than schools) whose approval under Part 4.5 has been cancelled or suspended (which may include the names and positions of the owners, directors, partners, high managerial agents or principal s. 2 See: Act No. 24/2006. Reprint No. 1 as at 14 July 2008 and amending Act Nos 12/2008, 62/2008, 70/2008, 4/2009 and 45/2009. LawToday: www. legislation. vic.gov.au -- 3 of 9 -- Education and Training Reform Amendment (Overseas Students) Act 2009 No. 85 of 2009 3 executive officer (as the case requires) of those persons or bodies) and the reasons for that cancellation or suspension;". (2) After 4.2.2(2) of the Education and Training Reform Act 2006 insert— "(3) In this section— high managerial agent in relation to a person or body means an employee, agent or officer of the person or body with duties of such responsibility that his or her conduct may fairly be assumed to represent the person or body in relation to the provision of education and training by the person or body; principal executive officer in relation to a person or body, means the person who has executive responsibility for the operation of the person or body.". 4 New section 4.2.9 inserted After section 4.2.8 of the Education and Training Reform Act 2006 insert— "4.2.9 Power to notify students about education and training organisations (1) This section applies if any action taken under this Act in relation to an education and training organisation may affect the delivery of services to students by that organisation. (2) The Authority may do either or both of the following— (a) direct the education and training organisation to notify any students enrolled by the organisation of the action and its effect on the delivery of s. 4 -- 4 of 9 -- Education and Training Reform Amendment (Overseas Students) Act 2009 No. 85 of 2009 4 services to the students by the education and training organisation; or (b) by public notice or otherwise, notify the students of the action and its effect on the delivery of services by the education and training organisation. (3) In this section— action means the suspension or cancellation of, or the imposition of a condition on, a registration, approval or authorisation under Division 3, 4 or 5 of Part 4.3 or an approval under Part 4.5. education and training organisation means— (a) a person or body (other than a school) that is or was registered, approved or authorised under Division 3, 4 or 5 of Part 4.3; or (b) a person or body (other than a school) that is or was approved under Part 4.5.". 5 Review of operations of institutions and courses (1) For section 4.5.4(4) of the Education and Training Reform Act 2006 substitute— "(4) If the Authority is satisfied after the conduct of a review in accordance with this section that it is in the interests of overseas students enrolled at the school, University or other institution or in the public interest that the approval should be suspended or cancelled or made subject to a condition, the Authority may, in accordance with this Part— (a) suspend or cancel that approval; or (b) impose a condition on that approval.". s. 5 -- 5 of 9 -- Education and Training Reform Amendment (Overseas Students) Act 2009 No. 85 of 2009 5 (2) In section 4.5.4(5) of the Education and Training Reform Act 2006— (a) omit ", revocation" (where twice occurring); (b) after "suspension" (where secondly occurring) insert ", cancellation". (3) In section 4.5.4(6) of the Education and Training Reform Act 2006— (a) for "The Authority must" substitute "Subject to section 4.5.5, the Authority must"; (b) omit ", revocation". (4) After section 4.5.4(6) of the Education and Training Reform Act 2006 insert— "(7) Subsections (5) and (6) do not apply to an institution (other than a University or a school) if it— (a) has ceased to trade or to conduct operations; or (b) has become bankrupt; or (c) in the case of a body corporate, is the subject of a winding up order. (8) In the circumstances set out in subsection (7), the Authority may cancel or suspend the approval of the institution immediately. (9) The Authority must advise the institution in writing, without delay, of the cancellation or suspension under subsection (8) of the approval of the institution and the reasons for that cancellation or suspension.". s. 5 -- 6 of 9 -- Education and Training Reform Amendment (Overseas Students) Act 2009 No. 85 of 2009 6 6 New section 4.5.5 inserted 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 s. 6 -- 7 of 9 -- Education and Training Reform Amendment (Overseas Students) Act 2009 No. 85 of 2009 7 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.". 7 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 7 -- 8 of 9 -- Education and Training Reform Amendment (Overseas Students) Act 2009 No. 85 of 2009 8 ENDNOTES † Minister's second reading speech— Legislative Assembly: 11 November 2009 Legislative Council: 27 November 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 to provide for an expedited process for taking action against institutions providing courses to students from overseas and to provide for public disclosure of information about the cancellation or suspension under that Act of the registration, authorisation or approval of certain persons or bodies and for other purposes." Endnotes -- 9 of 9 --