Western Australian Current Acts

EDUCATION SERVICE PROVIDERS (FULL FEE OVERSEAS STUDENTS) REGISTRATION ACT 1991 - SECT 37

37 .         Disciplinary action against education service providers

        (1)         If the chief executive officer is satisfied that a proper cause exists for disciplining an education service provider, the chief executive officer may —

            (a)         reprimand or caution the education service provider in writing; or

            (b)         initiate legal action in an appropriate court of law; or

            (c)         amend the registration of the education service provider by deleting any education service from the certificate of registration issued in relation to the education service provider; or

            (d)         suspend or cancel the registration of the education service provider.

        (2)         The provisions of subsection (1)(a), (b) or (d) do not apply to a statutory education service provider.

        (3)         Where the chief executive officer deletes an education service from the certificate of registration issued in relation to an education service provider the education service provider shall not enrol, or, offer to enrol, any full fee overseas student for the course of instruction or training or both.

        (4)         Where the chief executive officer suspends or cancels the registration of an education service provider the education service provider shall not enrol any full fee overseas student for such period as the registration of the education service provider is suspended or cancelled or until the fulfilment of any condition which may be imposed by the chief executive officer, or until further order of the chief executive officer.

        (5)         Subject to this Act, there shall be a proper cause for disciplinary action under this section if —

            (a)         the education service provider improperly obtained registration under this Act;

            (b)         the education service provider or any person acting with the authority of the education service provider, has, in the course of any dealings with a full fee overseas student, been guilty of an offence against any law;

            (c)         the education service provider is acting or has acted in breach of any condition imposed under this Act;

            (d)         the education service provider has failed or refused to provide an education service of the standard required under the accreditation requirements that apply in relation to the education service in question;

            (e)         any other cause that in the opinion of the chief executive officer renders the education service provider unfit for registration under this Act.

        (6)         If the education service provider the subject of a decision under subsection (5) appeals to the Minister under section 38 the decision of the chief executive officer does not take effect until the appeal has been dealt with but the Minister may by order in writing direct that the decision shall take effect at such time as the Minister specifies in the order and may in the order specify such conditions as the Minister thinks fit.