CHAPTER 5 STUDENT FAIRNESS

5.1 PURPOSE

5.1.1 This chapter specifies the VET fairness requirements for the purposes of subdivision 4-D of Schedule 1A to the Act relating to:

a) equal benefits and opportunity requirements;

b) VET student grievance and review requirements;

which a body corporate must be willing and able to meet to be approved as a VET provider and which a VET provider must comply with to maintain their approval as a VET provider.

5.2 EQUAL BENEFITS AND OPPORTUNITY REQUIREMENTS

5.2.1 A VET provider must treat equally and fairly all VET students and all individuals seeking to enrol in a VET unit of study with the VET provider.

5.2.2 A VET provider must have open, fair and transparent procedures that, in the VET provider’s reasonable view, are based on merit for making decisions about:

a) the selection, of persons who seek to enrol with the VET provider; and

b) the treatment of VET students undertaking a VET course of study.

5.2.3 Paragraph 5.2.1 does not prevent a VET provider taking into account:

a) education disadvantages that a particular person has experienced; or

b) the fact that the VET student may be enrolled in a VET restricted access arrangement.

5.2.4 For avoidance of doubt, if it is necessary to provide a particular benefit to a VET student in order for that VET student to receive equal and fair treatment (for example a scholarship) then this chapter does not prevent a VET provider from providing the VET student that particular benefit.

5.3 STUDENT GRIEVANCE AND REVIEW REQUIREMENTS

5.3.1 A VET provider must have a grievance procedure to deal with complaints about:

a) academic matters from the VET provider’s students;

b) non-academic matters from the VET provider’s students; and

c) non-academic matters from persons seeking to enrol with the VET provider in a VET course or unit of study.

5.3.2 Grievance procedures must include:

a) an arrangement for handling complaints, whether formal or informal, which is easily accessible to students without charge and which encourages timely resolution of complaints;
b) a process for lodging a formal complaint if the matter cannot be resolved informally;
c) a provision that each party may be accompanied and assisted by a third party at any relevant meeting;
d) an arrangement where the complainant is given a written statement of the outcome of the complaint, including full details of the reasons for the outcome;
e) a process for lodging an appeal with an independent senior officer of the VET provider who is nominated by the VET provider, or by a dedicated complaints committee or unit established by the VET provider;
f) an arrangement where the appellant is given a written statement of the outcome of the appeal, including full details of the reasons for the outcome;
g) arrangements for a person or body independent of and external to the VET provider, that is established or nominated by the VET provider, to hear unresolved appeals arising from the VET providers internal procedure;
h) specific and reasonable timelines for responses to each stage of the process;
i) the requirement to keep appropriate records of all grievances for at least five years, and allow parties to the complaint appropriate access to these records; and
j) a requirement that ensures that such records as required in subparagraph 5.3.2(i) are treated as confidential.