Higher Education Support Act 2003 - VET Guidelines (17/12/2012)
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Higher Education Support Act 2003 - VET Guidelines (17/12/2012)
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Turn the raw legal text into a practical explanation grounded in Higher Education Support Act 2003 - VET Guidelines (17/12/2012).
9.1 PURPOSE
9.1.1 This chapter specifies the notice requirements under clause 64 of Schedule 1A to the Act.
9.2 INFORMATION THAT A NOTICE MUST CONTAIN
9.2.1 The notice must include the title ‘Commonwealth Assistance Notice’.
9.2.2 For each VET unit of study, the notice must include the following information for each person’s enrolment:
a) the person’s name;
b) the name of the VET provider;
c) the person’s student identification number as issued by the VET provider;
d) the person’s Commonwealth Higher Education Student Support Number (CHESSN);
e) the VET unit(s) and VET course(s) of study in which the person is enrolled with the VET provider;
f)) the VET unit(s) of study identification code(s);
g) the census date(s) of the VET unit(s) of study;
h) the VET tuition fee amount(s) of the VET unit(s) of study;
i) the amount(s) of up-front VET tuition fee payment, as applicable;
j) the amount(s) of VET FEE-HELP assistance;
k) the amount(s) of the VET FEE-HELP loan fee; and
l) the amount(s) of VET FEE-HELP debt.
9.2.3 Where the information required under subparagraph 9.2.2(g) is identical in respect of all of the VET units of study to which the notice applies, that information may be provided for once in the notice.
9.2.4 A notice must prominently display the following statements:
“It is your responsibility to ensure that you have sufficient FEE-HELP balance to cover the VET FEE-HELP amounts indicated in this notice. You are eligible for the amounts of VET FEE-HELP assistance contained in this notice only if you have sufficient FEE-HELP balance to cover those amounts.”
and
“The information regarding Commonwealth assistance contained in this notice is correct only insofar as you have correctly advised this VET provider of your entitlement to that assistance under the
Higher Education Support Act 2003.”
9.2.5 A notice must include information on the person’s right, under subclauses 65(2) to 65(4) of Schedule 1A to the Act, to request the correction of information contained in the notice.
9.3 PERIOD WITHIN WHICH A NOTICE MUST BE GIVEN
9.3.1 A notice must be given within 28 days of the census date indicated in the notice under subparagraph 9.2.2(g).
CHAPTER 10 ELECTRONIC COMMUNICATION
10.1 PURPOSE
10.1.1 This chapter sets out the requirements:
a) under subclause 70(1) of Schedule 1A to the Act, for information technology requirements for the electronic communication of information and documents between VET students and VET providers;
b) under subclause 70(2) of Schedule 1A to the Act, for electronic communication from a VET student to a VET provider, for:
i) identification of the VET student in an electronic form; and
ii) methods that may be used by VET students to identify themselves, and indicate their approval of the information communicated.
10.2 INFORMATION TECHNOLOGY REQUIREMENTS
10.2.1 Where the Act requires or permits a notice, or other document, to be given by a VET student to a VET provider and that information is given by way of facsimile, email, web-based communication or any other form of electronic communications specified by the VET provider, the information system used for providing that information must be:
a) accessible by the VET student. An information system is accessible by the VET student if the VET provider has:
i) informed the VET student that the communication in question will occur by electronic means using the information system; and
ii) given the VET student the authority to use the information system;
b) secure, so that a VET student’s information can be accessed only by persons authorised by the VET student;
c) able to store the notice, document or information so that it is readily accessible to the VET student;
d) accessible in respect of requests for Commonwealth assistance under Schedule 1A to the Act where, in the case of a VET student submitting an electronic request for Commonwealth assistance:
i) the VET provider must supply the VET student with a student identification number for use when submitting a request for Commonwealth assistance; and
ii) the system must automatically generate a date field on the request; and
e) able to generate a printable receipt for the VET student.
10.2.2 Where the Act requires or permits a notice, or other document, to be given by a VET provider to a VET student and that information is given by way of facsimile, email, web-based communication or any other form of electronic communications specified by the VET provider, the information must be given in accordance with the following requirements:
a) the VET student is directly informed that the communication in question will occur by electronic means;
b) the VET student is given authority to use an information system for generating, sending, receiving, storing or otherwise processing the electronic communication; and
c) the information system stores the notice, document or information sent to the VET student so that it is readily accessible by the VET student.
10.3 ELECTRONIC COMMUNICATION REQUIREMENTS
10.3.1 Where a VET student is required to provide an electronic communication to a VET provider that is required to be signed, the VET provider must have in place a method the VET student can use to identify himself or herself in the communication and to indicate his or her approval of the information communicated.
10.3.2 Where a VET student is required under Schedule 1A to the Act to provide a signature to a VET provider and the VET student acts in accordance with a method allowed for in paragraph 10.3.1 of these Guidelines, the VET student is taken to have met that requirement.
10.3.3 A method that a VET student can use to identify himself or herself may involve the VET student using a student identification number issued to the VET student by the VET provider. In relation to issuing a student identification number to a VET student, a VET provider must:
a) first verify the identity of the person to whom the student identification number is to be issued; and
b) take all reasonable precautions to ensure that there is no unauthorised access to, or use of, the student identification number; and
c) ensure that the VET student is advised that, apart from the VET provider’s obligations under subparagraphs 10.3.3(a) and 10.3.3(b), the VET student is personally responsible for protecting the student identification number.