South Australian Consolidated Acts

TRAINING AND SKILLS DEVELOPMENT ACT 2008 - SECT 36

36—Inquiries and interventions

        (1)         The Commission may, at any time, inquire into a training provider or course, whether registered or accredited or the subject of an application for registration or accreditation.

        (2)         The Commission may inquire into—

            (a)         a training provider the registration of which was, or is to be, determined by some other registering body; or

            (b)         a course the accreditation of which was, or is to be, determined by some other course accrediting body,

at the request of or after consultation with the relevant body.

        (3)         The holder of, or applicant for, the registration or accreditation must provide the Commission with any information required by the Commission for the purposes of an inquiry under this section.

        (4)         After conducting an inquiry into a training provider under this section, the Commission may do 1 or more of the following:

            (a)         require (whether by varying the conditions of, or imposing further conditions on, the provider's registration, or otherwise)—

                  (i)         the provider to take specified action to ensure compliance with this Act;

                  (ii)         the provider to correct specified irregularities or to reverse specified action;

                  (iii)         the provider to apply specified management practices;

                  (iv)         a financial, quality or other audit of the affairs of the provider to be conducted by an auditor approved by the Commission at the expense of the provider;

            (b)         recommend to the Minister that an administrator be appointed to conduct the authorised operations of the provider;

            (c)         if satisfied that there are grounds to do so—take such action under section 37 in relation to the provider as the Commission thinks appropriate in the circumstances;

            (d)         take such other action as may be prescribed by regulation.

        (5)         The Commission must not make a recommendation to the Minister under subsection (4)(b) unless satisfied—

            (a)         that serious irregularities or difficulties have occurred or arisen in relation to the conduct of the provider's authorised operations; or

            (b)         that the provider has contravened or failed to comply with a condition imposed on the provider's registration under this Act; or

            (c)         that the provider has committed a breach of this Act and has, after notice by the Commission of the breach, failed, within the time referred to in the notice, to remedy the breach; or

            (d)         as to such other grounds as may be prescribed by regulation.