CHAPTER 1 INTERPRETATION
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Guidelines set the operational rules VET providers must meet to be approved under Schedule 1A of the Act. They require written credit‑transfer agreements for diploma/advanced diploma pathways and a compulsory tuition‑assurance arrangement so that if a provider stops a course students can either transfer to a Second Provider without paying for replacement units or receive refunds and FEE‑HELP re‑credits (see chs 2–3). Providers and their assurance administrators or guarantors carry payment and administrative obligations and must publish statements, keep records and run grievance procedures (3.2; 3.4.10; 3.5).
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Direct links to the current provisions in Higher Education Support Act 2003 - VET Provider Guidelines.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1.1.1 In these Guidelines, unless the contrary intention appears, terms used have the same meaning as in the Higher Education Support Act 2003.
1.1.5 Terms in these Guidelines that are in italics have the meanings given in paragraph 1.1.10 of these Guidelines.
1.1.10 In these Guidelines, unless the contrary intention appears:
academic matters includes those matters which relate to student progress, assessment, curriculum and awards in a VET course of study.
Act means the Higher Education Support Act 2003.
Affected Unit has the meaning given in subparagraph 3.5.1.15(c)(ii) of these Guidelines.
Business Day means, in relation to the doing of an action in a place, any day other than a Saturday, Sunday or public holiday in that place.
Department means the Australian Government Department of Education, Employment and Workplace Relations.
Exempt Provider means a VET provider that is exempted by the Minister under subclause 20(2) of Schedule 1A of the Act from complying with the VET tuition assurance requirements.
First Provider has the meaning given in paragraph 3.1.10 of these Guidelines.
Group Manager means the person holding, occupying or performing the duties of the position of Group Manager, or an equivalent position, in the Department responsible for the administration of VET FEE-HELP.
Guidelines means these VET Provider Guidelines.
non-academic matters includes those matters which do not relate to student progress, assessment, curriculum and awards in a VET course of study and includes complaints in relation to personal information that the VET provider holds in relation to the student.
Reform State or Territory is any State or Territory that, by written agreement with the Minister, has satisfied the Minister that it has implemented, or is in the process of implementing, measures by which its delivery of vocational education and training is to meet all of the following objectives:
a) Client choice determines where government funding for training delivery is allocated, allowing clients to choose which registered training organisation they attend, with funding to follow the client.
b) Information and facilitation for individuals and businesses, to comprehensively inform their choice of training provider, product and service.
c) Eligible students are entitled to receive some government support for accredited training.
d) Purchasers of vocational education and training services are not motivated to choose a particular provider, or group of providers, other than on the basis of quality, price and individual choice.
e) Quality assurance, training products and services are maintained to support quality outcomes and reduce the regulatory burden on users and providers, including through a commitment to support a national regulation and audit authority.
f) All public funds for delivery of training within the State or Territory are open to all registered training organisations with Registration within that jurisdiction.
Registration in relation to a training organisation means the authorisation by a State or Territory Recognition Authority or its delegate, under the Australian Quality Training Framework to deliver training and/or conduct assessments and issue nationally recognised qualifications.
replaced unit means a VET unit of study in which the student was enrolled with a First Provider that is replaced by a replacement unit.
replacement unit means a VET unit of study that a student undertakes with a Second Provider to replace a unit in which the student was enrolled with a First Provider where, whilst the student was enrolled, the First Provider ceased to provide the unit and the VET course of study of which the unit formed part.
Second Provider has the meaning given in subparagraph 3.3.5(a) of these Guidelines.
Scope of Registration in relation to a training organisation means the operations that the registered training organisation is authorised by a State or Territory Recognition Authority or its delegate to provide.
special admissions test means a test for judging the suitability of a person seeking admission into a specialist VET course of study that is necessary to determine the suitability of the person for admission into that course, including specialist auditions, tests and interviews that are over and above the normal requirements for admission.
Statement of VET Tuition Assurance has the meaning given in subparagraph 3.5.1.1 of these Guidelines.
Statement of VET Tuition Exemption has the meaning given in subparagraph 3.5.1.5 of these Guidelines.
State or Territory Recognition Authority has the meaning given to it by the National Training Information Service National Training Glossary. The National Audit and Registration Agency of Technical and Vocational Education and Training (TVET) Australia Limited is a delegate of a State or Territory Recognition Authority.
VET Course Assurance Guarantor has the meaning given in subparagraph 3.3.1(c) of these Guidelines.
VET course assurance option means the VET tuition assurance option referred to in subparagraph 3.5.1.15(c)(i) and more fully described in section 3.3 of these Guidelines.
VET Course Assurance TAS Operator has the meaning given in subparagraph 3.3.1(a)(i) of these Guidelines.
VET fee has the meaning given in paragraph 8.5.1 of these Guidelines.
VET Repayment Guarantor has the meaning given in subparagraph 3.4.1(c) of these Guidelines.
VET Repayment TAS Operator has the meaning given in subparagraph 3.4.1(a)(i) of these Guidelines.
VET tuition assurance administrator means any VET Course Assurance TAS Operator, Second Provider referred to in subparagraph 3.3.1(b), VET Course Assurance Guarantor, VET Repayment TAS Operator or VET Repayment Guarantor.
VET tuition assurance scheme means a scheme that complies with the requirements of subparagraphs 3.3.1(a) and 3.4.1(a) of these Guidelines and the main object of which is to provide VET tuition assurance to meet the VET tuition assurance requirements as set out in these Guidelines for the benefit of students of the scheme members.
VET tuition fee repayment option means the VET tuition assurance option referred to in subparagraph 3.5.1.15(c)(ii) of these Guidelines, and more fully described in section 3.4 (and is the option referred to by this name in paragraph 51(1)(d) of Schedule 1A of the Act).
victimise means to act or omit to act towards a person in a way which is intended to cause disadvantage to that person because they have made a complaint, or may make a complaint, or may be, or are the subject of, a complaint.
Written VET Tuition Assurance Offer has the meaning given in subparagraph 3.5.15.1(a) of these Guidelines.
2.1 PURPOSE
2.1.1 This chapter sets out requirements relating to VET credit transfer arrangements with which a body corporate must comply under paragraph 6(g) of Schedule 1A of the Act to be approved as a VET provider under clause 6 of Schedule 1A of the Act.
2.5 REQUIREMENTS RELATING TO VET CREDIT TRANSFER ARRANGEMENTS
2.5.1 Subject to subsection 2.5.5, if a body corporate only offers VET courses of study that lead to the award of VET diploma or VET advanced diploma (the “Offered Courses”), the body corporate must have in place at least one VET credit transfer arrangement for at least one of the Offered Courses.
2.5.5 Subsection 2.5.1 does not apply to a body corporate that:
a) has Registration in a Reform State or Territory and offers, in accordance with its Scope of Registration, at least one of the Offered Courses in a Reform State or Territory; or
b) has Registration managed by the National Audit and Registration Agency of Technical and Vocational Education and Training (TVET) Australia Limited and offers, in accordance with its Scope of Registration, at least one of the Offered Courses in a Reform State or Territory.
2.5.10 For the purposes of subsection 2.5.1, A VET credit transfer arrangement must provide a guaranteed level of credit (“Credit”) for the award of VET diploma or VET advanced diploma towards a higher education award of Bachelor degree. The Group Manager will use the following Credit levels as a guide when deciding whether to approve a VET credit transfer arrangement for the purposes of paragraph 2.5.15a), below:
a) 50% Credit for a VET advanced diploma towards a 3 year Bachelor degree;
b) 37.5% Credit for a VET advanced diploma towards a 4 year Bachelor degree;
c) 33% Credit for a VET diploma towards a 3 year Bachelor degree; or
d) 25% Credit for a VET diploma towards a 4 year Bachelor degree.
2.5.15 The body corporate must ensure that each VET credit transfer arrangement is set out in a written agreement between the body corporate and a higher education provider that:
a) is approved by the Group Manager; and
b) contains at least the following information:
i) the higher education award to which the VET credit transfer arrangement relates;
ii) the amount of Credit towards the higher education award that is guaranteed under the VET credit transfer arrangement; and
iii) the expiry date, if any, of the VET credit transfer arrangement.
3.1 PURPOSE
3.1.1 This chapter sets out, for the purposes of clause 7 of Schedule 1A of the Act, the VET tuition assurance requirements which a body corporate must fulfil to be approved by the Minister as a VET provider under clause 6 of Schedule 1A of the Act and with which VET providers must comply in order to maintain their approval as providers under subclause 20(1) of Schedule 1A of the Act.
3.1.5 The VET tuition assurance requirements have four parts:
3.1.10 A body corporate or a VET provider (the “First Provider”), other than an Exempt Provider, must satisfy the Minister that it complies with all four parts of the VET tuition assurance requirements.
3.1.15 A First Provider that is a registered provider is not required to comply with the VET tuition assurance requirements in respect of overseas students enrolled in a course with the First Provider, where, for the purposes of this paragraph 3.1.15, the terms:
have the meanings given to them in the Education Services for Overseas Students Act 2000.
3.1.20 If a First Provider ceases to provide a VET course of study, a person, who is or would be entitled to VET FEE-HELP assistance under clause 43 of Schedule 1A of the Act for that course and who is currently enrolled in that VET course of study, may choose to access either the arrangements described in Part 2 (VET Course Assurance) or those described in Part 3 (VET Tuition Fee Repayment). If a person chooses to access Part 2 (VET Course Assurance), the person may access Part 3 (VET Tuition Fee Repayment) in respect of replaced units, but only under the circumstances described in section 3.4, Part 3.2, below.
Meaning of “ceases to provide a VET course of study”
3.1.25 For the purposes of this chapter of the Guidelines, a First Provider "ceases to provide a VET course of study” to a person who is, or would be, entitled to VET FEE-HELP assistance under clause 43 of Schedule 1A of the Act for that course if:
a) the course does not start on:
i) the date the course was scheduled to start; or
ii) a later date that has been agreed between the First Provider and the person enrolled in the course;
and an arrangement has not previously been made between the First Provider and the person enrolled in the course to undertake a suitable alternative course; or
b) the First Provider commences providing the course to a person and then, before the person has completed the course, ceases to provide that course (for any reason); or
c) the Minister has suspended or revoked approval of the First Provider as a VET provider under the Act and has not made a determination pursuant to subclauses 35(1) or 37(1) of Schedule 1A of the Act in respect of that course; or
d) notice is served on the First Provider or proceedings are taken to cancel the First Provider’s incorporation or registration or to dissolve the First Provider as a legal entity; or
e) the First Provider comes under one of the forms of external administration referred to in Chapter 5 of the Corporations Act 2001 or equivalent provisions in other legislation, or an order has been made to place the First Provider under external administration; or
f) the First Provider ceases to be a registered training organisation as listed on the National Training Information Service (NTIS); or
g) the Secretary makes a declaration under subparagraph 3.1.35(b) that the First Provider has ceased to provide the course.
Other circumstances that may amount to ceasing to provide a VET course of study to a person who is, or would be, entitled to VET FEE-HELP assistance under clause 43 of Schedule 1A of the Act for that course.
3.1.30 If:
a) a First Provider fails to comply with a statutory demand within the meaning of section 459F of the Corporations Act 2001; or
b) a First Provider is unable to pay all of its debts when they become due; or
c) proceedings are initiated to obtain an order for a First Provider’s winding up or any shareholder, member or director convenes a meeting to consider a resolution for the winding up of the First Provider
then the First Provider must immediately notify the First Provider’s VET tuition assurance administrators and the Group Manager to that effect.
3.1.35 If the Group Manager becomes aware (whether by notice under paragraph 3.1.30 or otherwise) that any of the events described in subparagraphs 3.1.30(a), 3.1.30(b) or 3.1.30(c) apply, or may apply, to a First Provider, then:
a) the First Provider must, within a period specified in writing by the Group Manager, provide the Secretary with such information that the Group Manager may reasonably request by notice in writing in relation to that event;
b) the Secretary may, after considering any information provided by the First Provider under subparagraph 3.1.35(a), declare in writing that, for the purposes of this chapter 3 of the Guidelines, the First Provider has ceased to provide one or more VET courses of study specified in the dec
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