Explanatory Memorandum
(Circulated by authority of the Minister for Employment, Skills, Small and Family Business, Senator the Hon Michaelia Cash)Schedule 3 - Other minor amendments
An amendment the VSL Act will also be made to provide for the Secretary to refuse a request by an approved course provider to cancel its approval in certain circumstances.
VET Student Loans Act 2016
Item 1 - Section 38
Item 2 - At the end of section 38
Item 2 adds a new subsection (2) to section 38. This amendment enables the Secretary to decline a provider's request for voluntary revocation of its approval, in certain limited circumstances when:
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- the Secretary has issued an intention notice under subsection 36(2) regarding suspension or revocation, but has not issued a decision notice under subsection 36(4); or
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- if the Secretary has given the provider written notice under subsection 36(4) or 37(2) of its suspension, and the suspension has not ended.
The intention is to strengthen the Secretary's rights regarding revocation to prevent a provider requesting that its approval status is revoked voluntarily to circumvent compliance action being taken against it. This is an important issue as when a provider is revoked as a result of compliance issues, this may impact on the provider's ability to re-apply for approval as an approved course provider and may also impact on its applications in other Commonwealth programs.
Item 1 is a consequential renumbering amendment.
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