Document ID: chunk:federal_register_of_legislation:C2016C01154:clause:1_8b
Version: federal_register_of_legislation:C2016C01154
Segment Type: clause
Provision Reference: sch 1 cl 8B
Character Range: 13801–15349

8B  At the end of clause 36 of Schedule 1A
Add:

Suspension for poor performance
 (5) The *Secretary may, in writing, suspend a body's approval as a *VET provider if:
 (a) an audit of the body has been conducted about any or all of the matters in paragraph 26(1)(b); and
 (b) the audit identified one or more concerns; and
 (c) those concerns have yet to be resolved as described in paragraph (6)(b).
 (6) The suspension:
 (a) starts on the day of the decision under subclause (5); and
 (b) ends on the day (if any) that the *Secretary notifies the body, in writing, that the Secretary reasonably believes that those concerns have been satisfactorily resolved by the body in accordance with a plan agreed between the body and the Commonwealth.
 (7) Before making a decision under subclause (5), the *Secretary must give the body a notice in writing:
 (a) stating that the Secretary is considering making the decision; and
 (b) stating the reasons why the Secretary is considering making the decision; and
 (c) inviting the body to respond to the Secretary, in writing, within 14 days; and
 (d) informing the body that, if no response is received within the 14 day period, the Secretary may proceed to make the decision.
 (8) In deciding whether to make the decision under subclause (5), the *Secretary must consider any response received from the body within the 14 day period.
 (9) The *Secretary must give written notice of a decision under subclause (5) to the body. The notice must be given within 14 days after the day the decision was made.