Commentary on Sections Part 2: Registration and Regulation of Tertiary Education Providers The register and registration procedure Section 26: Registration procedure
92.This section sets out the procedure to be followed in the event that the Commission intends to refuse an application for registration, or where the Commission intends to refuse an application from a registered provider to change categories.
93.The Commission must notify the governing body of the provider where it intends to refuse the provider’s application. In doing so, the Commission must specify its reasons and the period within which a provider may make representations to the Commission about the Commission’s proposal (subsection (2)). The period must not be less than 28 days (subsection (3)).
94.The Commission may, at the conclusion of the specified notice period, either decide to register the provider in the category to which it has applied, or refuse to do so. The Commission must notify the governing body of its decision (subsection (5)) and a notice of refusal to register a provider must set out the grounds of refusal and information as to the right of review of the Commission’s decision (subsection (7)).