Statutory Declaration IT by 0wAQ9jf

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									          Department of Education, Employment and Workplace Relations

                                       Commonwealth of Australia
                                        STATUTORY DECLARATION

For consideration of approval as a VET provider, one Director of the Applicant registered training
organisation making the application to become a VET provider must sign the Statutory Declaration. In
the case of other types of applicant legal entities, the signatory should be an officer that is authorised
because of the position they hold within the entity to legally bind the entity.

The Statutory Declaration is a declaration made under the Statutory Declarations Act 1959 confirming
that the information and documents provided to the Department of Education, Employment and
Workplace Relations (DEEWR) in relation to the Application are complete and correct. The Statutory
Declaration also confirms the Applicant's authorisation for DEEWR to obtain any information and make
any enquiries related to the Applicant and any named individual that may be relevant for the purposes
of assessing the application, as well as declaring authorisation related to verifying and disclosing
information, no illegal activities, and privacy and confidentiality provisions.

The Statutory Declaration will need to be signed and provided to DEEWR.

Contact

Tertiary Study Enquiries
Phone: 13 38 73
Email: TSEnquiries@deewr.gov.au




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                           Department of Education, Employment and Workplace Relations

                                                     Commonwealth of Australia
                                                   STATUTORY DECLARATION
                                                   Statutory Declarations Act 1959
                            1

1. Insert the name,        I, 11
                               Name:
    address and
    occupation of
    person making                   Address:
    the declaration



                           make the following declaration under the Statutory Declarations Act 1959:

                           AUTHORITY
                                               2
2. Insert position/title   I am currently a
    (eg. Director)

                                3
3. Insert name of          of
    Body Corporate
    and ACN/ABN
                                      ACN                                ABN
                           and am authorised to make this declaration on its behalf.

                           OFFER AND STATEMENT OF COMPLIANCE

                           On behalf of
4. Insert name of               4
    Body Corporate



                           I confirm that the information provided in this Declaration and in all documents provided to the
                           Department of Education, Employment and Workplace Relations (DEEWR) in relation to the
5. Insert name of          Application is complete and correct and
    Body Corporate          5



                           herein after referred to as the Person,
                           understands that:
                               this application is not an offer on the part of the Commonwealth nor does it create any
                                  obligation on the part of the Commonwealth to enter into a commercial or other relationship
                                  with any organisation;
                               DEEWR will have the right (but not be obliged) to act in reliance upon the contents of my
                                  response to the application, including its attachments, any statutory declarations and
                                  associated material; and
                               all communication with DEEWR will be treated as confidential and the information will not be
                                  disclosed without DEEWR’s prior written consent.

                           AUTHORISATION
                           DEEWR is authorised to:
                           1. undertake the necessary steps to access the financial viability of the Person by verifying
                              information contained within the application with, or obtaining additional information from:
                               Other Commonwealth agencies, such as the Australian Taxation Office, Australian Securities
                                   and Investments Commission;
                               State or Territory agencies;
                               Law enforcement agencies;
                               Credit reference agencies;
                               Qualified Accountants;
                               Courts or Tribunals; or
                               Any other appropriate organisation or person reasonably required as part of these checks;
                           2. obtain any information and make any inquiries which relate to the Person and/or any named
                              individual that may be relevant for the purposes of the Higher Education Support Act 2003;
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                        3. disclose any information provided by the Person, or those organisations listed in point 1 of the
                           Authorisation, to Authorised Officers of the Tertiary Education Quality and Standards Agency
                           (TEQSA), Australia Skills Quality Authority (ASQA) or other relevant sections of DEEWR in
                           relation to the application or ongoing administration processes or compliance of the Person as a
                           provider under the Higher Education Support Act 2003.


                        NO ILLEGAL ACTIVITIES

                        I confirm that:
                             through its officers, employees and agents, the Person has not attempted and will not
                                 attempt to influence improperly an officer of the Commonwealth in connection with the
                                 assessment of applications.

                        I understand that a person who intentionally makes a false statement in a statutory declaration is
                        guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the
                        statements in this declaration are true in every particular.



6 .Signature of         6
   person making
   the declaration

7. Place                                  7
                        Declared at

                                          8
8. Day, Month and       on
   year

9. Signature of
   person before                      9
   whom the             Before me,
   declaration is
   made (in printed
   letters)( Refer
   Note 3)

10. Full name,          10
   qualification and           Name:
   address of person
   before whom the
   declaration is              Qualification:
   made (in printed
   letters)( Refer
   Note 3))                    Address:




    NOTE 1: A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the
    punishment for which is imprisonment for a term of up to four years – see section 11 of the Statutory Declarations Act
    1959.

    NOTE 2: Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 – see
    section 5A of the Statutory Declarations Act 1959.

    NOTE 3: A Statutory declaration under the Statutory Declarations Act 1959 as amended may be made before a person
    who, under a law in force in a State or Territory, is currently licensed or registered to practise in an occupation listed in Part 1
    below, or a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a
    legal practitioner (however described), or a person listed in Part 2 below:

    Part 1 – Occupations
    Chiropractor                                                      Patent attorney
    Dentist                                                           Pharmacist
    Legal practitioner                                                Physiotherapist
    Medical practitioner                                              Psychologist
    Nurse                                                             Trade marks attorney
    Optometrist                                                       Veterinary surgeon


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Part 2 – Other persons
       Agent of the Australia Postal Corporation who is in             Member of the Australian Defence Force who is:
        charge of an office supplying postal services to the            (a) an officer, or
        public                                                          (b) a non-commissioned officer within the meaning of
       Australian Consular Officer, or Australian Diplomatic                  the Defence Force Discipline Act 1982 with 5 or
        Officer, (within the meaning of the Consular Fees Act                  more years of continuous service; or
        1955)                                                           (c) a warrant officer within the meaning of that Act
       Bailiff                                                         Member of the Institute of Chartered Accountants in
       Bank officer with 5 or more continuous years of                  Australia, the Australian Society of Certified Practising
        service                                                          Accountants or the National Institute of Accountants
       Building society officer with 5 or more years of                Member of:
        continuous service                                               (a) the Parliament of the Commonwealth; or
       Chief executive officer of a Commonwealth court                  (b) a Parliament of a State; or
       Clerk of a court                                                 (c) a Territory legislature; or
       Commissioner for Affidavits                                      (d) a local government authority of a State or Territory
       Commissioner for Declarations                                   Minister of religion registered under Subdivision A of
       Credit union officer with 5 or more years of                     Division 1 of Part IV of the Marriage Act 1961
        continuous service                                              Notary public
       Employee of the Australian Trade Commission who                 Permanent employee of the Australia Postal Corporation
                  is:                                                    with 5 or more years of continuous service who is
       (a) in a country or place outside Australia; and                  employed in an office supplying postal services to the
       (b) authorised under paragraph 3(d) of the                        public
              Consular Fees Act 1955; and                               Permanent employee of:
       (c) exercising his or her function in that place                 (a) the Commonwealth or a Commonwealth authority;
       Employee of the Commonwealth who is:                                   or
       (a) in a country or place outside Australia; and                 (b) a State or Territory or a State or Territory authority;
       (b) authorised under paragraph 3(c) of the                              or
              Consular Fees Act 1955; and                               (c) a local government authority;
       (c) exercising his or her function in that place                   with 5 or more years of continuous service who is not
       Fellow of the National Tax Accountants’ Association               specified in another item in this Part.
       Finance company officer with 5 or more years of                 Person before whom a statutory declaration may be
        continuous service                                               made under the law of the State or Territory in which the
       Holder of a statutory office not specified in another            declaration is made
        item in this Part                                               Police Officer
       Judge of a court                                                Registrar, or Deputy Registrar, of a court
       Justice of the Peace                                            Senior Executive Service employee of:
       Magistrate                                                       (a) the Commonwealth or a Commonwealth authority; or
                                                                         (b) a State or Territory or a State or Territory authority
       Marriage celebrant registered under Subdivision C of
        Division 1 of Part IV of the Marriage Act 1961                  Sheriff
       Master of a court                                               Sheriff’s officer
       Member of Chartered Secretaries Australia                       Teacher employed on a full-time basis at a school or
                                                                         tertiary education institution
       Member of Engineers Australia, other than at the
        grade of student                                                Member of the Australasian Institute of Mining and
                                                                         Metallurgy
       Member of the Association of Taxation and
        Management Accountants




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                           Privacy and Confidentiality Information Notice

All personal information collected by the Department of Education, Employment and Workplace
Relations (DEEWR) is protected by the Privacy Act 1988.

DEEWR collects personal information in order to properly and efficiently carry out its functions, and only
uses personal information for the purposes for which it was given to DEEWR (unless otherwise required
by or authorised under law).

DEEWR collects personal information from bodies corporate applying for approval to offer
VET FEE-HELP and/or FEE-HELP to eligible students to enable checks to be undertaken to assess
bodies’ corporate suitability to be approved providers under the Higher Education Support Act 2003
(HESA).

The statutory declaration is used to authorise DEEWR to obtain further information about the body
corporate and/or any named individuals of the body corporate from DEEWR’s own records and
databases, publicly available records of the Australian Securities and Investment Commission, credit
rating agencies, other Commonwealth agencies, State or Territory agencies, law enforcement agencies,
qualified accountants and/or other appropriate organisations or persons reasonably required as part of
the application process.

The declaration also authorises DEEWR to disclose related information to:
        Tertiary Education Quality Standards Agency (TESQA)
        Australian Skills Quality Agency (ASQA)
        Other relevant sections of DEEWR
in relation to the application, ongoing administration or compliance of the body corporate under HESA.

Exceptions to Confidentiality

DEEWR’s obligation to keep a body corporate’s information confidential will not be breached if the
information:
       is disclosed by DEEWR to the responsible Minister;
       is disclosed by DEEWR in response to a request by a House or a Committee of the Parliament
         of the Commonwealth of Australia;
       is authorised or required by law to be disclosed; or
       is in the public domain.

Bodies Corporate should note that there are provisions for access to records held by DEEWR under the
Freedom of Information Act 1982, the Auditor-General Act 1997 and the Ombudsman Act 1976.




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