South Australian Consolidated Acts

TRAINING AND SKILLS DEVELOPMENT ACT 2008 - SECT 39

39—Cancellation of qualification or statement of attainment

        (1)         The Commission may cancel a qualification or statement of attainment under the AQF in relation to specified higher education or vocational education and training issued to a person by a registered training provider (the "issuing training provider") if the Commission is satisfied that—

            (a)         the qualification or statement of attainment was issued—

                  (i)         by mistake; or

                  (ii)         on the basis of false or misleading information; or

            (b)         the issuing training provider contravened or failed to comply with the standards for registered training providers.

        (2)         Cancellation must be imposed by written notice to the holder of the qualification or statement of attainment and the issuing training provider.

        (3)         Before taking action under this section, the Commission must—

            (a)         if of the opinion that urgent action is necessary—

                  (i)         take all reasonable steps to give the holder of the qualification or statement of attainment and the issuing training provider 24 hours written notice of its intention to cancel the qualification or statement of attainment; and

                  (ii)         take into account any representations made by the holder of the qualification or statement of attainment and the issuing training provider within that period; and

            (b)         in any other case—

                  (i)         take all reasonable steps to give the holder of the qualification or statement of attainment and the issuing training provider 14 days written notice of its intention to cancel the qualification or statement of attainment; and

                  (ii)         take into account any representations made by the holder of the registration or accreditation and the issuing training provider within that period.

        (4)         The holder of a qualification or statement of attainment who has had the qualification or statement of attainment cancelled under this section may apply to a court of competent jurisdiction for an order that the issuing training provider pay to the person such amount by way of compensation as the court thinks just.

        (5)         A person must not hold out that he or she is the holder of a qualification or statement of attainment if the qualification or statement of attainment has been cancelled under this section.

Maximum penalty: $2 500.

        (6)         It is a defence to a charge of an offence against subsection (5) if the defendant proves that he or she did not know that the qualification or statement of attainment had been cancelled under this section.