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  Private Education Act 2009
(No. 21 of 2009)

  Table of Contents

  Long Title

  Enacting Formula

Part I PRELIMINARY

1 Short title and commencement
2 Interpretation

Part II COUNCIL FOR PRIVATE EDUCATION

Division 1 — Establishment, incorporation and constitution of Council

3 Establishment and incorporation of Council for Private Education
4 Common seal
5 Constitution of Council

Division 2 — Functions, duties and powers of Council

6 Functions and duties of Council
7 Powers of Council
8 Directions by Minister
9 Appointment of committees and delegation

Division 3 — Provisions relating to staff of Council

10 Appointment of Chief Executive and other employees, etc.
11 Protection from personal liability
12 Public servants

Division 4 — Financial provisions

13 Financial year
14 Annual estimates
15 Moneys recovered or collected by Council
16 Grants
17 Power to borrow
18 Issue of shares, etc.
19 Bank account
20 Application of moneys
21 Investment power
22 Financial provisions

Division 5 — Transfer of property, assets, liabilities and employees

23 Transfer to Council of property, assets and liabilities
24 Transfer of employees
25 Service rights, etc., of transferred employees to be preserved
26 No benefits in respect of abolition or reorganisation of office
27 Existing contracts
28 Continuation and completion of disciplinary proceedings and other legal proceedings
29 Misconduct or neglect of duty by employee before transfer
30 No breach or default, etc., because of transfer

Division 6 — General

31 Preservation of secrecy
32 Annual report
33 Symbol, design or representation of Council

Part III REGULATION OF PRIVATE EDUCATION INSTITUTIONS

Division 1 — Registration of private education institutions

34 Requirement for registration
35 Application for grant or renewal of registration
36 Grant or renewal of registration
37 Grounds for refusal to grant or renew registration
38 Suspension or cancellation of registration
39 Approval of change of name
40 Power to direct change of name

Division 2 — Management of registered private education institutions

41 Duties of managers
42 Suspension or removal of managers

Division 3 — Provisions relating to courses by registered private education institutions

43 Permission to offer or provide courses

Division 4 — Provisions relating to teachers of registered private education institutions

44 Notification of teachers of registered private education institutions
45 Power to prohibit or restrict deployment of teachers

Division 5 — Provisions relating to advertising

46 Prohibition of certain advertisements
47 Remedial measures in relation to advertisements

Division 6 — Administrative penalties

48 General measures Council may impose on errant private education institutions

Part IV PROVISION AND CONTROL OF OTHER SERVICES

49 Establishment or maintenance of accreditation or certification schemes by Council
50 Restrictions on certain other services

Part V APPEALS

51 Constitution of Appeals Board
52 Duty, powers and procedures of Appeals Board
53 Appeals to Appeals Board
54 Disclosure of conflicts of interest by members of Appeals Board
55 Rules relating to appeals

Part VI INSPECTION, ENFORCEMENT AND OFFENCES

56 Appointment of inspectors
57 Inspection of registered private education institutions
58 Enforcement powers of inspectors
59 General power to direct remedial measures
60 Power to direct course money refunds, etc.
61 General offences and penalties

Part VII MISCELLANEOUS

62 Power of Council to issue requisition for particulars or information
63 Registers and publication of information
64 Power of Council in relation to dispute resolution schemes
65 Jurisdiction of court
66 Offences by bodies corporate, etc.
67 Composition of offences
68 General exemption
69 Service of documents
70 Amendment of First Schedule
71 Regulations
72 Non-application to certain education institutions
73 Consequential amendment to Education Act
74 Saving and transitional provisions

  FIRST SCHEDULE Definition of Private Education

  SECOND SCHEDULE Constitution and Proceedings of Council

  THIRD SCHEDULE Financial Provisions

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