Education Act 1989

Cancellation and lapse of registration

Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).

233D Cancellation of registration

(1)

The Authority may cancel the registration of a registered private training establishment—

(a)

if it is satisfied on reasonable grounds that—

(i)

the establishment no longer meets 1 or more of the criteria set out in section 233(1); or

(ii)

the establishment is not complying, or has not complied, with 1 or more of the conditions applying to it; or

(b)

if the establishment has provided false or misleading information in its application for registration; or

(ba)

if it is satisfied on reasonable grounds that the establishment has failed or refused to comply with any relevant duties or obligations under this Act, including, but not limited to, the obligations relating to student fee protection; or

(c)

at the written request of the establishment.

(2)

The Authority must cancel the registration of a private training establishment if—

(a)

the establishment has been convicted of an offence against—

(i)

this Act; or

(ii)

section 352 of the Immigration Act 2009; or

(b)

a governing member of the establishment is convicted of any serious criminal activity or any offence referred to in paragraph (a), and the establishment fails to comply with a written notice issued by the Authority on reasonable grounds requiring that the person be removed, within 2 months of receipt of the notice, from his or her position as a governing member and from every other position in the establishment.

(3)

Before cancelling a registration under subsection (1)(a) or (b), the Authority must—

(a)

notify the establishment that it is considering cancelling the establishment’s registration, and give reasons; and

(b)

give the establishment a reasonable opportunity to respond to the notice; and

(c)

consider any submissions made by the establishment in response to the notice.

(4)

If the Authority cancels a registration under this section, it must give notice of its decision to both the establishment and the Commission, with reasons.

(5)

Nothing in this section limits the Authority’s powers under section 255(7)(a) to cancel an establishment’s registration.

Compare: 1989 No 80 s 237

Section 233D: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).

Section 233D(1)(ba): inserted, on 13 February 2015, by section 16(1) of the Education Amendment Act 2015 (2015 No 1).

Section 233D(4): amended, on 13 February 2015, by section 16(2) of the Education Amendment Act 2015 (2015 No 1).