CHAPTER 7 TUITION FEES AND CENSUS DATES

7.1 PURPOSE

7.1.1 This chapter specifies the:

a) periods for the purposes of clauses 27, 28 and 67 of Schedule 1A to the Act;

b) matters to which a VET provider must not have regard when determining VET tuition fees under subclause 27(3) of Schedule 1A to the Act;

c) conditions by which census dates are determined for VET units of study for the purposes of clause 67 of Schedule 1A to the Act;

d) date after which a variation to a VET tuition fee must not be made under subparagraph 27(4)(a)(i) of Schedule 1A to the Act;

e) date after which a variation to a published census date must not be made under subparagraph 67(4)(a)(i) of Schedule 1A to the Act;

f) circumstances in which a VET tuition fee or census date may be varied under subparagraph 27(4)(a)(ii) and subparagraph 67(4)(a)(ii) of Schedule 1A to the Act; and

g) date by which a VET provider must publish the schedule of VET tuition fees and census dates for a particular period under paragraph 28(2)(b) and subclause 67(3) of Schedule 1A to the Act.

h) form in which a VET provider must give the Minister a schedule of tuition fees under paragraphs 28(1)(a), 28(1)(b), 28(2A)(a) and 28(2A)(b) of Schedule 1A to the Act,.

7.2 PERIOD OVER WHICH VET UNITS OF STUDY ARE PROVIDED OR PROPOSED TO BE PROVIDED

7.2.1 For the purposes of subclauses 27(1), 28(1), 28(2A) and 67(1) of Schedule 1A to the Act, the period commences on the earliest enrolment date for the VET unit of study as determined by the VET provider and ends on the completion date for the VET unit of study as determined by the VET provider.

7.3 MATTERS TO WHICH A VET PROVIDER MUST NOT HAVE REGARD WHEN DETERMINING VET TUITION FEES

7.3.1 When determining a VET tuition fee under subclause 27(2) of Schedule 1A to the Act for a VET unit of study a VET provider:

a) must not have regard to any matter related to the manner or timing of:

i) the VET student’s payment of the VET tuition fee to the VET provider for a VET unit of study; or

ii) the Commonwealth’s payment to the VET provider of any amount lent to the VET student in discharge of the VET student’s liability to pay the VET tuition fee for that VET unit of study;

b) and must not include the fee payable in respect of:

i) matters listed as prescribed at paragraph 8.2.1; or

ii) an organisation of students, or of students and other persons; or

iii) the provision to students of amenities or services that are not of an academic nature; or

iv) residential accommodation; or

v) special admissions tests;

c) a fee other than in regard to tuition, examination or payable to a VET provider by a VET student or person seeking to enrol; and

d) a fee other than a fee payable to a VET provider by a VET student in respect of granting of an award of a VET course of study.

7.4 DETERMINING A CENSUS DATE

7.4.1 For the purposes of subclause 67(2) of Schedule 1(A) to the Act, the date determined to be the census date must not occur less than 20 per cent of the way between the VET unit of study commencement date as determined by the VET provider and completion date as determined by the VET provider.

7.5 VARYING VET TUITION FEES AND CENSUS DATES

7.5.1 For the purposes of paragraph 27(4)(a) and paragraph 67(4)(a) of Schedule 1(A) to the Act, a VET provider may only vary a published VET tuition fee and/or a published census date for a VET unit of study if the variation occurs prior to the published census date for the VET unit of study, and

a) the variation does not disadvantage a VET student enrolled, or a person seeking to enrol; and

b) the variation is necessary to correct the published VET tuition fee and/or the published census date due to administrative error or circumstances that did not apply at the time the VET tuition fee or census date was determined.

7.5.2 Without limiting the generality of subparagraph 7.5.1(a) of these VET Guidelines, a VET student or person will be disadvantaged by a variation that increases the published VET tuition fee and/or brings the published census date forward in time for a VET unit of study.

7.5.3 The requirements specified in paragraph 7.5.1 do not apply to courses offered under a VET restricted access arrangement.

7.5.4 Where a VET Provider has varied:

a) a VET tuition fee; or

b) census dates;

the VET provider must:

c) give the Minister a schedule of VET tuition fees, as a replacement schedule in accordance with subclause 28(3) of Schedule 1A to the Act; or

d) publish the varied census date in accordance with subclause 67(5) of Schedule 1A to the Act;

by publishing the replacement schedule, or varied census dates, on the VET provider’s website as soon as practicable after making that decision.

7.6 DATE BY WHICH AND MANNER IN WHICH A VET PROVIDER MUST PUBLISH A SCHEDULE OF VET TUITION FEES AND CENSUS DATES

7.6.1 In accordance with paragraph 28(2)(b) and subclause 67(3) of Schedule 1A to the Act, a VET provider must publish a schedule of VET tuition fees (“published VET tuition fees”) and census dates (“published census dates”) for VET units of study on the VET provider’s website on or before the earliest enrolment dates as determined by the VET provider for the VET units of study.

7.7 THE FORM IN WHICH A VET PROVIDER MUST GIVE THE MINISTER A SCHEDULE OF VET TUITION FEES

7.7.1 For the purposes of paragraph 28(1)(a) and paragraph 28(1)(b) of Schedule 1A to the Act, a VET provider gives the Minister a schedule of VET tuition fees by publishing the schedule on the VET provider’s website.

7.7.2 For the purposes of paragraph 28(2A)(a) and paragraph 28(2A)(b) of Schedule 1A to the Act, a VET provider gives the Minister a schedule of VET tuition fees under a VET restricted access arrangement by making the schedule available to all students enrolled, or persons eligible to enrol, under the VET restricted access arrangement, on or before the earliest enrolment dates as determined by the VET provider for the VET units of study.