Commentary on Sections Part 2: Registration and Regulation of Tertiary Education Providers Registration conditions Section 29: Specific ongoing registration conditions
102.This section sets out when the Commission can impose, vary, or remove an ongoing registration condition that applies to a specific registered provider, as opposed to all registered providers or a category of providers.
103.Before imposing, varying or removing a specific ongoing registration condition, the Commission must notify the governing body of the provider affected (subsection (3)). The notice must inform the provider of the Commission’s reasons for proposing the specific ongoing registration condition and of the provider’s right to make representations about the proposal within a specific period (subsection (4)).
104.The Commission must have regard to any representations made by the governing body of the provider in deciding whether to impose, vary, or remove the specific ongoing registration condition (subsection (6)), and must notify the provider of its decision (subsection (7)).
105.A notice relating to the imposition or variation of a specific ongoing registration condition must set out the grounds of the decision and be accompanied with information as to the right of review (subsection (9)). The new specific ongoing registration condition cannot have effect until the period of review has passed. In addition, the new specific ongoing registration condition cannot have effect while an application for review has been made and, until any review conducted is concluded. The Commission must subsequently determine a date on which the specific ongoing registration condition will take effect, at which point the notice must be published.