23Prescribed matters for inappropriate conduct

23 Prescribed matters for inappropriate conduct

(1) For the purposes of paragraph 46AA(1)(b) of Schedule 1A of the Act, in determining whether it is reasonably likely that a VET provider (or an agent of the VET provider) engaged in inappropriate conduct towards a person (the student) in relation to a VET unit of study, or a VET course of study of which the unit forms a part, the matters that the Secretary must have regard to are the following: (a) whether the provider engaged in conduct towards the student that involved treating the student as being entitled to VET FEE‑HELP assistance under clause 43 of Schedule 1A of the Act, when the student was not entitled to that assistance; (b) whether the provider or agent engaged in any of the following conduct: (i) unconscionable conduct; (ii) systemic conduct, or a pattern of behaviour, that is unconscionable; (iii) misleading or deceptive conduct; (iv) making a representation about a future matter (for example, doing, or refusing to do, any act) where there were no reasonable grounds for making the representation; (v) advertising tuition fees for the course where there were reasonable grounds for believing that the provider would not be able to provide the course for those fees; (vi) the use of physical force, harassment or coercion; (c) whether any of the circumstances involving unacceptable conduct specified in Division 1 of this Part (other than sections 16, 20 and 21) exist; (d) whether any of the circumstances involving unacceptable conduct specified in section 16, 20 or 21 exist on or after 1 January 2016; (e) whether the provider or agent failed to comply with a requirement under Division 2 of Part 3‑2 of Chapter 3 of the Australian Consumer Law (unsolicited consumer agreements); (f) whether the provider has financial, administrative or other barriers that prevented the student from fulfilling an expressed intention to withdraw from the VET unit of study before the census date; (g) whether the student was a vulnerable person; (h) any recommendation made by the VET Student Loans Ombudsman under paragraph 20ZM(1)(ca) of the Ombudsman Act 1976 regarding the student or any other student of the provider;