South Australian Consolidated Acts

TRAINING AND SKILLS DEVELOPMENT ACT 2008 - SECT 36A

36A—Appointment of administrator

        (1)         On the recommendation of the Commission under section 36(4)(b) to appoint an administrator to conduct the authorised operations of a training provider, the Minister may, with the agreement of the provider, appoint, by notice in writing, such an administrator.

        (2)         An administrator appointed under this section—

            (a)         must not be a member of the staff of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; and

            (b)         has all the powers, functions and duties of the training provider, and may act in the name of and on behalf of the provider in relation to the conduct of the provider's authorised operations; and

            (c)         for the purpose of conducting the provider's authorised operations—may consult with the Commission, the Training Advocate and any other person or body as the administrator thinks fit; and

            (d)         is entitled to such remuneration as is approved by the Minister; and

            (e)         must report regularly to the Minister on the administration; and

            (f)         must, on the termination of his or her appointment, fully account to the Minister for the administration of the authorised operations of the provider.

        (3)         The remuneration of an administrator and all other costs and expenses arising out of the administration of the authorised operations of a training provider are payable out of the funds of the provider.

        (4)         The administrator of the authorised operations of a training provider appointed under this section may, by notice in writing, require an officer or employee or former officer or employee of the provider to provide a written report on such matters relating to the operations of the provider as the administrator may specify in the notice.

        (5)         A person required to provide a report under subsection (4) may be reimbursed out of the funds of the training provider for such costs and expenses as the administrator considers have been reasonably incurred in making the report.

        (6)         A person who fails to comply with a requirement made under subsection (4) is guilty of an offence.

Maximum penalty: $5 000.