South Australian Consolidated Acts

TRAINING AND SKILLS DEVELOPMENT ACT 2008 - SECT 29

29—Criteria for registration

        (1)         The Commission must, in determining whether to register, or renew or vary the registration of, a training provider, and in determining conditions of registration—

            (a)         apply—

                  (i)         the standards for registered training providers; and

                  (ii)         the guidelines (if any) developed by the Commission and approved by the Minister; and

            (b)         have regard to the standards for State and Territory registering/course accrediting bodies.

        (2)         The Commission may not register, renew or vary the registration of a person under this section unless the Commission is satisfied that the person is fit and proper to be so registered, or to have the registration so renewed or varied, taking into account—

            (a)         the prior conduct of the person or an associate of the person (whether in this State or elsewhere), including (for example) such of the following matters as may be relevant:

                  (i)         whether the person or an associate of the person has been convicted of a criminal offence;

                  (ii)         whether the person or an associate of the person has been refused registration as a training provider;

                  (iii)         whether registration held by the person or an associate of the person has been suspended or cancelled;

                  (iv)         whether a condition of registration of the person or an associate of the person has been imposed or varied as a result of contravention of this Act or a corresponding law or a condition of the registration;

                  (v)         whether—

                        (A)         in the case of a natural person—the person or an associate of the person has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors;

                        (B)         in the case of a body corporate—a winding-up order has been made in respect of the person or an associate of the person;

                  (vi)         whether the person or an associate of the person has ever been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; and

            (b)         any other matter that the Commission considers relevant.

        (3)         The Commission may not register, or renew or vary the registration of, a training provider that is registered as the result of a determination by some other registering body unless the Commission determines (according to such criteria as the Commission thinks fit) that this State will be the provider's principal place of business as a training provider.