the instances of non-compliance identified by a school or RTO are not so significant to warrant other action such as the imposition of conditions, suspension or cancellation of registration and the VRQA is confident that the undertaking will be implemented a school or RTO has demonstrated significant non-compliance with a standard but is genuinely prepared to and rectify the non-compliance to the VRQA’s satisfaction the VRQA seeks outcomes that may not necessarily be available through other sanctions open to the VRQA including through cancellation or suspension of registration, or through the imposition of conditions on registration. What is the effect of not complying with an enforceable undertaking? If the VRQA considers that there has been a breach of any of the terms of an undertaking, the VRQA has the power to apply to the Magistrates’ Court for an order that can: direct the RTO or person on behalf of a school to comply with the term of the undertaking direct the RTO to pay to the State an amount up to the amount of any financial benefit that the RTO has obtained directly or indirectly through the breach. this possible is not specifically noted in the legislation for enforceable undertakings related to schools. However, the Magistrates’ Court could make such an order if it considers it appropriate to do so under subsection 4.3.3D(2)(b) direct the RTO to compensate any other person who has suffered loss, injury or damage as a result of the breach (as appropriate to do so under subsection 4.3.3D(2)(b)), or make any order the Court considers appropriate. The VRQA may also open a new review of a school or new audit of an RTO should it feel that the enforceable undertaking has not been complied with and may seek to take further action in respect of the school’s or RTO’s registration. Lessons for schools and RTOs Where appropriate, agreeing to an enforceable undertaking can provide a school or RTO with an efficient and cost effective way of resolving contraventions to the Act. However, a school or RTO should consider obtaining independent legal advice before agreeing to an enforceable undertaking, to ensure that the undertaking does not create more problems for the school or RTO than is sought to be resolved.
the instances of non-compliance identified by a school or RTO are not so significant to warrant other action such as the imposition of conditions, suspension or cancellation of registration and the VRQA is confident that the undertaking will be implemented a school or RTO has demonstrated significant non-compliance with a standard but is genuinely prepared to and rectify the non-compliance to the VRQA’s satisfaction the VRQA seeks outcomes that may not necessarily be available through other sanctions open to the VRQA including through cancellation or suspension of registration, or through the imposition of conditions on registration. What is the effect of not complying with an enforceable undertaking? If the VRQA considers that there has been a breach of any of the terms of an undertaking, the VRQA has the power to apply to the Magistrates’ Court for an order that can: direct the RTO or person on behalf of a school to comply with the term of the undertaking direct the RTO to pay to the State an amount up to the amount of any financial benefit that the RTO has obtained directly or indirectly through the breach. this possible is not specifically noted in the legislation for enforceable undertakings related to schools. However, the Magistrates’ Court could make such an order if it considers it appropriate to do so under subsection 4.3.3D(2)(b) direct the RTO to compensate any other person who has suffered loss, injury or damage as a result of the breach (as appropriate to do so under subsection 4.3.3D(2)(b)), or make any order the Court considers appropriate. The VRQA may also open a new review of a school or new audit of an RTO should it feel that the enforceable undertaking has not been complied with and may seek to take further action in respect of the school’s or RTO’s registration. Lessons for schools and RTOs Where appropriate, agreeing to an enforceable undertaking can provide a school or RTO with an efficient and cost effective way of resolving contraventions to the Act. However, a school or RTO should consider obtaining independent legal advice before agreeing to an enforceable undertaking, to ensure that the undertaking does not create more problems for the school or RTO than is sought to be resolved.
enforceable%20undertaking%20policy.docx