Part 1
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Commonwealth legislation
What this instrument is and who it affects
What the Rules do (mechanically)
Define key terms and tests used to operate the loan scheme (eg. what counts as a "genuine student", who are "key personnel", what a "State or Territory subsidised course" is). See section 4 and section 5 (genuine student).
Specify which courses and course parts are eligible and how course design must be constrained (courses must contribute to the stated qualification; subsidised courses must lead to diploma/advanced diploma). See sections 7 and 8.
Set the timing and formal requirements for student loan applications (cannot be lodged until 2 business days after enrolment; must be on or before the census day; student signature rules; see section 10).
Set how VETSL debts are calculated in certain cases: in particular, for State/Territory subsidised courses the debt percentage is 100% (section 12(1)); and the rules treat parts of courses with census dates between 1 April 2020 and 30 June 2021 as generating 100% VETSL debt (section 12(2)).
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Direct links to the current provisions in VET Student Loans Rules 2016.
This instrument is the VET Student Loans Rules 2016.
This instrument is made under the VET Student Loans Act 2016.
In this instrument:
accounting standard has the same meaning as in the Corporations Act 2001.
Act means the VET Student Loans Act 2016.
ADI means an authorised deposit‑taking institution within the meaning of the Banking Act 1959.
approved course provider charge has the same meaning as in the VET Student Loans (Charges) Act 2016.
Australian Quality Training Framework has the same meaning as in the Higher Education Support Act 2003.
consolidated entity has the same meaning as in the Corporations Act 2001.
financially viable has a meaning affected by subsection 23(3).
HELP debt has the same meaning as in the Higher Education Support Act 2003.
higher education provider has the same meaning as in the Higher Education Support Act 2003.
key personnel of a course provider – see section 16.
listed course provider has the same meaning as in section 27 of the Act.
National Register has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
NVR registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
PPSA retention of title property has the same meaning as in the Corporations Act 2001.
provider: see section 13.
qualified accountant has the same meaning as in the Corporations Act 2001.
qualified auditor means:
(a) the Auditor‑General of a State or Territory; or
(b) a registered company auditor (within the meaning of section 9 of the Corporations Act 2001); or
(c) a person approved by the Secretary in writing.
Quality Standards has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
registered higher education provider has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.
registration code has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
related body corporate has the same meaning as in the Corporations Act 2001.
related party means:
(a) An entity which is:
(i) a holding company of a provider; or
(ii) a subsidiary of a provider; or
(iii) a subsidiary of a holding company of a provider; or
(b) A person or entity related to key personnel of a provider which is:
(i) a spouse or child of key personnel; or
(ii) a child of the key personnel’s spouse; or
(iii) a dependant of the key personnel or of the key personnel’s spouse; or
(iv) anyone else who is one of the key personnel’s family and may be expected to influence the key personnel, or be influenced by the key personnel, in the key personnel’s dealings with the entity; or
(v) a company that is controlled by key personnel of the provider or a person listed in subparagraphs (i), (ii), (iii) or (iv), with control having the same meaning as in section 50AA of the Corporations Act 2001.
replacement provider means an approved course provider who provides a replacement course.
Special admissions test means a test to determine the suitability of a person seeking admission into a specialist approved course that is necessary to establish the suitability of the person for admission into that approved course, and includes specialist auditions, tests and interviews that are different from the normal requirements for admissions.
Standards for NVR Registered Training Organisations has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
State or Territory subsidised course: see subsection 7(2).
Student Identifiers Registrar has the same meaning as in the Student Identifiers Act 2014.
transaction means a transaction between the provider and its key personnel or related parties, for example:
(a) a conveyance, transfer or other disposition of property; and
(b) a security interest granted in property (including a security interest in an entity’s PPSA retention of title property); and
(c) a guarantee; and
(d) a payment; and
(e) an obligation; and
(f) a release or waiver; and
(g) a loan;
and includes such a transaction that has been completed or given effect to, or that has terminated.
VET Provider has the same meaning as in the Higher Education Support Act 2003.
VET student loans cap: see subsection 39(2).
(1) This section is made for the purposes of the definition of genuine student in section 6 of the Act. (2) The following may be taken into account for the purposes of determining whether a student is a genuine student in relation to a course: (a) the student is reasonably engaged in the course; (b) the student has knowledge of the course requirements for the course, and the cost and duration of the course; (c) the student has satisfied course requirements for the course or participated in assessment activities for the course; (d) if the course is an online course—the number of occasions on which the student has logged in to the course is not insignificant; (e) the student has provided up‑to‑date contact details that enable the Department to contact the student to verify the student’s enrolment in the course; (f) if the student is enrolled in another course—the number of the enrolments and associated course loads would not make successful completion of a course by the student impossible or highly improbable; (g) when required to do so, the student has communicated his or her agreement for the Secretary to continue to use the VET student loan to pay tuition fees for the course.
This Division is made for the purposes of paragraph 14(2)(b) of the Act.
(1) If the course provider receives funding from a State or Territory for enrolments in the course, the course must lead to a qualification of diploma or advanced diploma in the Australian Qualifications Framework. (2) If the course meets the requirements set out in subsection (1), the course is a State or Territory subsidised course.
The course must not include content or activities that do not contribute to achieving the qualification concerned.
This Division is made for the purposes of paragraph 14(2)(b) of the Act.
(1) If the course provider receives funding from a State or Territory for enrolments in the course, the course must lead to a qualification of diploma or advanced diploma in the Australian Qualifications Framework. (2) If the course meets the requirements set out in subsection (1), the course is a State or Territory subsidised course.
The course must not include content or activities that do not contribute to achieving the qualification concerned.
This Division is made for the purposes of paragraph 14(2)(b) of the Act.
(1) If the course provider receives funding from a State or Territory for enrolments in the course, the course must lead to a qualification of diploma or advanced diploma in the Australian Qualifications Framework. (2) If the course meets the requirements set out in subsection (1), the course is a State or Territory subsidised course.
The course must not include content or activities that do not contribute to achieving the qualification concerned.
This Division is made for the purposes of paragraphs 17(2)(b) and (c) of the Act.
(1) The application must not be made before the end of the period of 2 business days after the student enrols in the course. (2) The application must be made on or before the census day for the course, or the part of the course. (3) The application must be signed by the student.
Note 1: Most applications made by students under 18 years of age will also have to be signed by a responsible parent: see subsection 17(3) of the Act.
Note 2: An application made by electronic communication will be treated as having been signed by the student if certain requirements are met: see section 152 of this instrument.
This Division is made for the purposes of paragraphs 17(2)(b) and (c) of the Act.
(1) The application must not be made before the end of the period of 2 business days after the student enrols in the course. (2) The application must be made on or before the census day for the course, or the part of the course. (3) The application must be signed by the student.
Note 1: Most applications made by students under 18 years of age will also have to be signed by a responsible parent: see subsection 17(3) of the Act.
Note 2: An application made by electronic communication will be treated as having been signed by the student if certain requirements are met: see section 152 of this instrument.
This Division is made for the purposes of paragraph 23BA(2)(b) of the Act.
(1) If the course to which the VETSL debt relates is a State or Territory subsidised course, the percentage for the person is 100% of the loan amount. (2) If the part of the course to which the VETSL debt relates has a census date between 1 April 2020 and 30 June 2021, the percentage for the person is 100% of the loan amount.
This Division is made for the purposes of paragraph 23BA(2)(b) of the Act.
(1) If the course to which the VETSL debt relates is a State or Territory subsidised course, the percentage for the person is 100% of the loan amount. (2) If the part of the course to which the VETSL debt relates has a census date between 1 April 2020 and 30 June 2021, the percentage for the person is 100% of the loan amount.
This Division sets out matters relating to the notices that must be given to the Commissioner under section 23ED of the Act.
(1) A notice under subsection 23ED(1) of the Act relating to a person leaving Australia must contain: (a) the person’s name; and (b) the person’s date of birth; and (c) the person’s intended country of residence; and (d) the person’s contact details, including email address and telephone number. (2) For the purposes of paragraph 23ED(1)(b) of the Act, a person is not required to give a notice under subsection 23ED(1) of the Act relating to the person leaving Australia if: (a) the person gave a notice under that subsection in relation to a previous departure from Australia; and (b) since giving that notice, the person has not been an Australian resident.
A notice under subsection 23ED(2) of the Act relating to a person being outside Australia must contain: (a) the person’s name; and (b) the person’s date of birth; and (c) the person’s country of residence; and (d) the person’s contact details, including email address and telephone number.
(1) A notice under subsection 23ED(3) of the Act relating to a person’s income for an income year must contain: (a) the person’s name; and (b) the person’s date of birth; and (c) the person’s country of residence; and (d) the person’s occupation; and (e) the amount of the person’s income (including foreign‑sourced income) for the income year; and (f) the method used to work out that foreign‑sourced income; and (g) if the overseas assessed method was used—the person’s identification number used for tax purposes by the taxation authority of a foreign country that made the assessment of the person’s income.
Note: The Overseas Debtors Repayment Guidelines provides for how to work out a person’s foreign‑sourced income for an income year, including the overseas assessed method. It also provides how to convert a person’s foreign‑sourced income into Australian currency.
(2) However, paragraphs (1)(d) to (g) do not apply if: (a) the person’s income (including foreign‑sourced income) for the income year does not exceed 25% of the minimum repayment income for the income year; and (b) the notice includes a declaration to that effect.
Note: Minimum repayment income is defined in section 6 of the Act.
This Part does not affect the Commissioner’s power under section 388‑50 in Schedule 1 to the Taxation Administration Act 1953 to require additional content to be included in the approved form of a notice under section 23ED of the Act.
In this Part: (a) for the purposes of deciding whether to approve a body as an approved course provider under section 25 of the Act, provider means the body; and (b) for the purposes of deciding whether an approved course provider continues to meet the course provider requirements as required by subsection 47(2) of the Act, provider means the approved course provider.
In this Part: (a) for the purposes of deciding whether to approve a body as an approved course provider under section 25 of the Act, provider means the body; and (b) for the purposes of deciding whether an approved course provider continues to meet the course provider requirements as required by subsection 47(2) of the Act, provider means the approved course provider.
For the purposes of paragraph 25(2)(f) of the Act, this Division sets out matters that the Secretary may have regard to in deciding whether a provider is a fit and proper person.
(1) The Secretary may have regard to whether the provider or any of its key personnel has been convicted of an offence against, or ordered to pay a pecuniary penalty under, a law of the Commonwealth or a State or Territory.
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
(2) If the provider or any of its key personnel has been so convicted or ordered, the Secretary may have regard to the seriousness of the offence or contravention concerned. (3) The Secretary may have regard to whether the provider or any of its key personnel is currently involved in proceedings before a court or tribunal.
Each of the following is one of a provider’s key personnel: (a) a director, officer or member of the provider’s governing body; (b) a person or body that is concerned with, or takes part in, the executive or senior management of the provider, or that exercises control or influence over the management or direction of the provider; (c) a person who exercises control or influence over the allocation of the resources of the provider.
The Secretary may have regard to whether the provider or any of its key personnel: (a) has been insolvent or bankrupt; or (b) has taken steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) has compounded with one or more creditors; or (d) has assigned remuneration for the benefit of one or more creditors; or (e) has been under external administration (within the meaning of subsection 600H(2) of the Corporations Act 2001); or (f) has outstanding debts to the Commonwealth.
(1) The Secretary may have regard to whether one or more of the following has been cancelled, revoked or suspended: (a) the provider’s registration as a registered training organisation or registered higher education provider; (b) the provider’s approval as an approved course provider, VET provider or higher education provider; (c) subsidy funding arrangements with a State or Territory for the provision of education by the provider. (2) The Secretary may have regard to whether the provider has: (a) had a condition imposed on a registration, approval or arrangement mentioned in subsection (1); or (b) breached such a condition. (3) The Secretary may have regard to whether any of the provider’s key personnel has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001.
The Secretary may have regard to whether the provider or any of its key personnel has provided false or misleading information to any of the following in circumstances where it is reasonable to assume that the provider or key personnel knew that the information was false or misleading: (a) a body of a State or Territory that registers educational providers; (b) the National VET Regulator; (c) the Minister, the Department or the Secretary; (d) an authority of a State or Territory that deals with subsidy funding arrangements for education.
(1) The Secretary may have regard to whether the provider or any of its key personnel has previously been found not to be a fit and proper person for the purposes of one or more of the following: (a) the Act; (b) the Australian Education Act 2013; (c) the Education Services for Overseas Students Act 2000; (d) the Higher Education Support Act 2003; (e) the National Vocational Education and Training Regulator Act 2011; (f) the Tertiary Education Quality and Standards Agency Act 2011; (g) subsidy funding arrangements with a State or Territory for the provision of education.
(2) The Secretary may have regard to whether one or more of the following has engaged in conduct that reasonably suggests a deliberate pattern of unethical behaviour, or of acting inconsistently with laws of the Commonwealth, a State or a Territory, in relation to the provision of education or training: (a) the provider; (b) any of the provider’s key personnel; (c) any person engaged to act for, or on behalf of, the provider. (3) The Secretary may have regard to: (a) whether the provider or any of its key personnel has previously been involved in a business that provided education; and (b) whether, at the time of that involvement, the business would have been a fit and proper person for the purposes of paragraph 25(2)(f) of the Act. (4) The Secretary may have regard to any other matter relevant to the honesty, knowledge or ability of the provider and its key personnel.
For the purposes of subsection 26(1) of the Act, this Division sets out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers.
Note 1: To approve a body as an approved course provider, the Secretary must be satisfied that the body meets the course provider requirements. Provider suitability requirements form part of the course provider requirements: see paragraph 25(2)(e) of the Act
Note 2: An approved course provider must also continue to meet the course provider requirements: see subsection 47(2).
The provider must: (a) be committed to: (i) the delivery of high quality vocational education and training; and (ii) achieving the best outcomes for students; and (b) act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth (including the National VET Regulator); and (c) have a record of satisfactory conduct in relation to any previous vocational education and training: (i) provided by the provider; and (ii) for which the Commonwealth, a State or a Territory provided funding (including by way of loans to students).
(1) The provider must be able to pay its debts as and when they are due and payable. (2) The provider must be financially viable. (3) Each of the following is an indicator that a provider is financially viable: (a) the provider generates sufficient income to meet operating payments, debt commitments and, where applicable, to allow growth while delivering quality training, assessment services and outcomes; (b) the provider’s total assets exceed the provider’s total liabilities (the provider has a positive equity position), and there is no evidence to suggest that this might change; (c) if the provider is not a charitable or not‑for‑profit organisation registered with the Australian Charities and Not‑for‑profits Commission, and has been operating for 3 years or more—the provider has operated at a profit for at least 2 of the 3 most recent financial years for the provider; (d) if the provider has at least 100 enrolments in courses leading to awards of qualifications in the Australian Qualifications Framework—at least 20% of the provider’s revenue for the previous financial year came from sources other than payments that gave rise to HELP debts or VETSL debts; (e) the provider has a net positive cash position from operating activities (determined in accordance with the accounting standards); (f) the provider is not providing guarantees or loans that could have a material effect on the provider’s finances; (g) the provider is not providing its assets as security other than under a commercial loan arrangement with an ADI.
(1) The provider’s total dividend distributions during a financial year must not exceed the provider’s after tax profit for the previous financial year. (2) Any transaction between the provider and key personnel or related parties may only be made: (a) where the transaction is reasonably necessary for the operations of the provider; and (b) where the terms and conditions of the transaction are reasonable having regard to the circumstances of the provider.
The provider must have: (a) workers’ compensation insurance as required by law; and (b) adequate public liability insurance.
(1) The provider must have: (a) robust and appropriate management and governance structures; and (b) clearly defined decision‑making processes that will ensure accountability for decisions and actions; and (c) the resources necessary to support its employees and students. (2) The provider must: (a) maintain the integrity of student records and data; and (b) report data consistently, accurately and on time to the Commonwealth in accordance with the Act and any instruments made under the Act.
(1) The provider’s key personnel and advisers must have the experience and expertise necessary to perform their duties and responsibilities. (2) The combined experience and expertise of the provider’s key personnel and advisers must include experience and expertise in the following: (a) the delivery of education; (b) management, including financial management and the management of human resources; (c) administration. (3) Subsection (2) does not limit subsection (1).
The provider must not pay its staff commissions, benefits or bonuses (however described) that have any connection (whether direct or indirect) with the number of students who are enrolled by the provider and whose tuition fees are paid (whether wholly or partly) using VET student loans.
(1) The provider must comply with the following: (a) the Australian Education Act 2013; (b) the Education Services for Overseas Students Act 2000; (c) the Higher Education Support Act 2003; (d) the National Vocational Education and Training Regulator Act 2011; (e) the Tertiary Education Quality and Standards Agency Act 2011; (f) the Corporations Act 2001; (g) the Crimes Act 1914; (h) the Criminal Code Act 1995; (i) the Privacy Act 1988; (j) any other law of the Commonwealth that relates to: (i) the regulation or funding of education; or (ii) trade practices or consumer protection; (k) any law of a State or Territory that: (i) applies to the provider; and (ii) relates to a matter covered by a law mentioned in paragraphs (a) to (j). (2) The provider must have the organisational capacity and administrative resources to: (a) ensure that it is able to meet its responsibilities under the laws covered by subsection (1); and (b) review on a regular basis its compliance with, and effectiveness of its operations in relation to, those laws.
(1) If the provider is an NVR registered training organisation, or is registered with the Western Australia Training Accreditation Council, the provider must comply with: (a) the Standards for NVR Registered Training Organisations; and (b) the Quality Standards (unless the provider is registered with the Western Australia Training Accreditation Council); and (c) the Australian Qualifications Framework. (2) If the provider is registered with the Victorian Registration and Qualifications Authority, the provider must comply with: (a) the Australian Quality Training Framework; and (b) the Victorian Registration and Qualifications Authority Guidelines for VET Providers; and (c) the Australian Qualifications Framework. (3) A reference in subsection (1) or (2) to standards, a framework or guidelines is a reference to the standards, framework or guidelines as in force from time to time.
(1) The provider must have experience in providing vocational education and training as a registered training organisation. (2) For the purposes of deciding whether a provider has such experience, the Secretary may have regard to the following: (a) whether the provider has been registered as a registered training organisation for 3 or more years; (b) the history of the provider and its key personnel in delivering vocational education and training to genuine students; (c) the history of the provider and its key personnel in delivering education through subsidy funding arrangements with a State or Territory; (d) the scope of courses the provider and its key personnel have experience in providing and the levels of qualification provided by those courses.
(1) For the purposes of deciding whether to approve the provider as an approved course provider, the provider must be providing at least one course set out in the courses and loan caps determination. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the provider must be providing an approved course.
(1) The Secretary must be satisfied that the provider has (or will have) adequate completion rates for each of its courses (or parts of courses) that lead to a diploma, advanced diploma, graduate certificate or graduate diploma as set out in the Australian Qualifications Framework. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the Secretary must be satisfied that, from the time the provider was approved as an approved course provider, the provider has met the completion rate benchmarks for courses or parts of courses: (a) determined by the Secretary; and (b) published on the Department’s website.
(1) The Secretary must be satisfied that the provider has genuine students with satisfactory levels of student engagement and student satisfaction. (2) The provider must assess student satisfaction in relation to each of its courses at least annually.
(1) The provider must have established and maintained material, relevant and appropriate links with industry and other bodies to ensure that its approved courses: (a) meet workplace needs; and (b) improve employment outcomes. (2) The other bodies include the following, as appropriate: (a) employers; (b) employer or employee bodies; (c) professional associations; (d) industry regulators; (e) registered higher education providers. (3) Subsection (2) does not limit subsection (1).
For the purposes of subsection 26(1) of the Act, this Division sets out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers.
Note 1: To approve a body as an approved course provider, the Secretary must be satisfied that the body meets the course provider requirements. Provider suitability requirements form part of the course provider requirements: see paragraph 25(2)(e) of the Act
Note 2: An approved course provider must also continue to meet the course provider requirements: see subsection 47(2).
The provider must: (a) be committed to: (i) the delivery of high quality vocational education and training; and (ii) achieving the best outcomes for students; and (b) act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth (including the National VET Regulator); and (c) have a record of satisfactory conduct in relation to any previous vocational education and training: (i) provided by the provider; and (ii) for which the Commonwealth, a State or a Territory provided funding (including by way of loans to students).
(1) The provider must be able to pay its debts as and when they are due and payable. (2) The provider must be financially viable. (3) Each of the following is an indicator that a provider is financially viable: (a) the provider generates sufficient income to meet operating payments, debt commitments and, where applicable, to allow growth while delivering quality training, assessment services and outcomes; (b) the provider’s total assets exceed the provider’s total liabilities (the provider has a positive equity position), and there is no evidence to suggest that this might change; (c) if the provider is not a charitable or not‑for‑profit organisation registered with the Australian Charities and Not‑for‑profits Commission, and has been operating for 3 years or more—the provider has operated at a profit for at least 2 of the 3 most recent financial years for the provider; (d) if the provider has at least 100 enrolments in courses leading to awards of qualifications in the Australian Qualifications Framework—at least 20% of the provider’s revenue for the previous financial year came from sources other than payments that gave rise to HELP debts or VETSL debts; (e) the provider has a net positive cash position from operating activities (determined in accordance with the accounting standards); (f) the provider is not providing guarantees or loans that could have a material effect on the provider’s finances; (g) the provider is not providing its assets as security other than under a commercial loan arrangement with an ADI.
(1) The provider’s total dividend distributions during a financial year must not exceed the provider’s after tax profit for the previous financial year. (2) Any transaction between the provider and key personnel or related parties may only be made: (a) where the transaction is reasonably necessary for the operations of the provider; and (b) where the terms and conditions of the transaction are reasonable having regard to the circumstances of the provider.
The provider must have: (a) workers’ compensation insurance as required by law; and (b) adequate public liability insurance.
(1) The provider must have: (a) robust and appropriate management and governance structures; and (b) clearly defined decision‑making processes that will ensure accountability for decisions and actions; and (c) the resources necessary to support its employees and students. (2) The provider must: (a) maintain the integrity of student records and data; and (b) report data consistently, accurately and on time to the Commonwealth in accordance with the Act and any instruments made under the Act.
(1) The provider’s key personnel and advisers must have the experience and expertise necessary to perform their duties and responsibilities. (2) The combined experience and expertise of the provider’s key personnel and advisers must include experience and expertise in the following: (a) the delivery of education; (b) management, including financial management and the management of human resources; (c) administration. (3) Subsection (2) does not limit subsection (1).
The provider must not pay its staff commissions, benefits or bonuses (however described) that have any connection (whether direct or indirect) with the number of students who are enrolled by the provider and whose tuition fees are paid (whether wholly or partly) using VET student loans.
(1) The provider must comply with the following: (a) the Australian Education Act 2013; (b) the Education Services for Overseas Students Act 2000; (c) the Higher Education Support Act 2003; (d) the National Vocational Education and Training Regulator Act 2011; (e) the Tertiary Education Quality and Standards Agency Act 2011; (f) the Corporations Act 2001; (g) the Crimes Act 1914; (h) the Criminal Code Act 1995; (i) the Privacy Act 1988; (j) any other law of the Commonwealth that relates to: (i) the regulation or funding of education; or (ii) trade practices or consumer protection; (k) any law of a State or Territory that: (i) applies to the provider; and (ii) relates to a matter covered by a law mentioned in paragraphs (a) to (j). (2) The provider must have the organisational capacity and administrative resources to: (a) ensure that it is able to meet its responsibilities under the laws covered by subsection (1); and (b) review on a regular basis its compliance with, and effectiveness of its operations in relation to, those laws.
(1) If the provider is an NVR registered training organisation, or is registered with the Western Australia Training Accreditation Council, the provider must comply with: (a) the Standards for NVR Registered Training Organisations; and (b) the Quality Standards (unless the provider is registered with the Western Australia Training Accreditation Council); and (c) the Australian Qualifications Framework. (2) If the provider is registered with the Victorian Registration and Qualifications Authority, the provider must comply with: (a) the Australian Quality Training Framework; and (b) the Victorian Registration and Qualifications Authority Guidelines for VET Providers; and (c) the Australian Qualifications Framework. (3) A reference in subsection (1) or (2) to standards, a framework or guidelines is a reference to the standards, framework or guidelines as in force from time to time.
(1) The provider must have experience in providing vocational education and training as a registered training organisation. (2) For the purposes of deciding whether a provider has such experience, the Secretary may have regard to the following: (a) whether the provider has been registered as a registered training organisation for 3 or more years; (b) the history of the provider and its key personnel in delivering vocational education and training to genuine students; (c) the history of the provider and its key personnel in delivering education through subsidy funding arrangements with a State or Territory; (d) the scope of courses the provider and its key personnel have experience in providing and the levels of qualification provided by those courses.
(1) For the purposes of deciding whether to approve the provider as an approved course provider, the provider must be providing at least one course set out in the courses and loan caps determination. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the provider must be providing an approved course.
(1) The Secretary must be satisfied that the provider has (or will have) adequate completion rates for each of its courses (or parts of courses) that lead to a diploma, advanced diploma, graduate certificate or graduate diploma as set out in the Australian Qualifications Framework. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the Secretary must be satisfied that, from the time the provider was approved as an approved course provider, the provider has met the completion rate benchmarks for courses or parts of courses: (a) determined by the Secretary; and (b) published on the Department’s website.
(1) The Secretary must be satisfied that the provider has genuine students with satisfactory levels of student engagement and student satisfaction. (2) The provider must assess student satisfaction in relation to each of its courses at least annually.
(1) The provider must have established and maintained material, relevant and appropriate links with industry and other bodies to ensure that its approved courses: (a) meet workplace needs; and (b) improve employment outcomes. (2) The other bodies include the following, as appropriate: (a) employers; (b) employer or employee bodies; (c) professional associations; (d) industry regulators; (e) registered higher education providers. (3) Subsection (2) does not limit subsection (1).
For the purposes of subsection 26(1) of the Act, this Division sets out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers.
Note 1: To approve a body as an approved course provider, the Secretary must be satisfied that the body meets the course provider requirements. Provider suitability requirements form part of the course provider requirements: see paragraph 25(2)(e) of the Act
Note 2: An approved course provider must also continue to meet the course provider requirements: see subsection 47(2).
For the purposes of subsection 26(1) of the Act, this Division sets out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers.
Note 1: To approve a body as an approved course provider, the Secretary must be satisfied that the body meets the course provider requirements. Provider suitability requirements form part of the course provider requirements: see paragraph 25(2)(e) of the Act
Note 2: An approved course provider must also continue to meet the course provider requirements: see subsection 47(2).
The provider must: (a) be committed to: (i) the delivery of high quality vocational education and training; and (ii) achieving the best outcomes for students; and (b) act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth (including the National VET Regulator); and (c) have a record of satisfactory conduct in relation to any previous vocational education and training: (i) provided by the provider; and (ii) for which the Commonwealth, a State or a Territory provided funding (including by way of loans to students).
(1) The provider must be able to pay its debts as and when they are due and payable. (2) The provider must be financially viable. (3) Each of the following is an indicator that a provider is financially viable: (a) the provider generates sufficient income to meet operating payments, debt commitments and, where applicable, to allow growth while delivering quality training, assessment services and outcomes; (b) the provider’s total assets exceed the provider’s total liabilities (the provider has a positive equity position), and there is no evidence to suggest that this might change; (c) if the provider is not a charitable or not‑for‑profit organisation registered with the Australian Charities and Not‑for‑profits Commission, and has been operating for 3 years or more—the provider has operated at a profit for at least 2 of the 3 most recent financial years for the provider; (d) if the provider has at least 100 enrolments in courses leading to awards of qualifications in the Australian Qualifications Framework—at least 20% of the provider’s revenue for the previous financial year came from sources other than payments that gave rise to HELP debts or VETSL debts; (e) the provider has a net positive cash position from operating activities (determined in accordance with the accounting standards); (f) the provider is not providing guarantees or loans that could have a material effect on the provider’s finances; (g) the provider is not providing its assets as security other than under a commercial loan arrangement with an ADI.
(1) The provider’s total dividend distributions during a financial year must not exceed the provider’s after tax profit for the previous financial year. (2) Any transaction between the provider and key personnel or related parties may only be made: (a) where the transaction is reasonably necessary for the operations of the provider; and (b) where the terms and conditions of the transaction are reasonable having regard to the circumstances of the provider.
The provider must have: (a) workers’ compensation insurance as required by law; and (b) adequate public liability insurance.
(1) The provider must have: (a) robust and appropriate management and governance structures; and (b) clearly defined decision‑making processes that will ensure accountability for decisions and actions; and (c) the resources necessary to support its employees and students. (2) The provider must: (a) maintain the integrity of student records and data; and (b) report data consistently, accurately and on time to the Commonwealth in accordance with the Act and any instruments made under the Act.
(1) The provider’s key personnel and advisers must have the experience and expertise necessary to perform their duties and responsibilities. (2) The combined experience and expertise of the provider’s key personnel and advisers must include experience and expertise in the following: (a) the delivery of education; (b) management, including financial management and the management of human resources; (c) administration. (3) Subsection (2) does not limit subsection (1).
The provider must not pay its staff commissions, benefits or bonuses (however described) that have any connection (whether direct or indirect) with the number of students who are enrolled by the provider and whose tuition fees are paid (whether wholly or partly) using VET student loans.
(1) The provider must comply with the following: (a) the Australian Education Act 2013; (b) the Education Services for Overseas Students Act 2000; (c) the Higher Education Support Act 2003; (d) the National Vocational Education and Training Regulator Act 2011; (e) the Tertiary Education Quality and Standards Agency Act 2011; (f) the Corporations Act 2001; (g) the Crimes Act 1914; (h) the Criminal Code Act 1995; (i) the Privacy Act 1988; (j) any other law of the Commonwealth that relates to: (i) the regulation or funding of education; or (ii) trade practices or consumer protection; (k) any law of a State or Territory that: (i) applies to the provider; and (ii) relates to a matter covered by a law mentioned in paragraphs (a) to (j). (2) The provider must have the organisational capacity and administrative resources to: (a) ensure that it is able to meet its responsibilities under the laws covered by subsection (1); and (b) review on a regular basis its compliance with, and effectiveness of its operations in relation to, those laws.
(1) If the provider is an NVR registered training organisation, or is registered with the Western Australia Training Accreditation Council, the provider must comply with: (a) the Standards for NVR Registered Training Organisations; and (b) the Quality Standards (unless the provider is registered with the Western Australia Training Accreditation Council); and (c) the Australian Qualifications Framework. (2) If the provider is registered with the Victorian Registration and Qualifications Authority, the provider must comply with: (a) the Australian Quality Training Framework; and (b) the Victorian Registration and Qualifications Authority Guidelines for VET Providers; and (c) the Australian Qualifications Framework. (3) A reference in subsection (1) or (2) to standards, a framework or guidelines is a reference to the standards, framework or guidelines as in force from time to time.
(1) The provider must have experience in providing vocational education and training as a registered training organisation. (2) For the purposes of deciding whether a provider has such experience, the Secretary may have regard to the following: (a) whether the provider has been registered as a registered training organisation for 3 or more years; (b) the history of the provider and its key personnel in delivering vocational education and training to genuine students; (c) the history of the provider and its key personnel in delivering education through subsidy funding arrangements with a State or Territory; (d) the scope of courses the provider and its key personnel have experience in providing and the levels of qualification provided by those courses.
(1) For the purposes of deciding whether to approve the provider as an approved course provider, the provider must be providing at least one course set out in the courses and loan caps determination. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the provider must be providing an approved course.
(1) The Secretary must be satisfied that the provider has (or will have) adequate completion rates for each of its courses (or parts of courses) that lead to a diploma, advanced diploma, graduate certificate or graduate diploma as set out in the Australian Qualifications Framework. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the Secretary must be satisfied that, from the time the provider was approved as an approved course provider, the provider has met the completion rate benchmarks for courses or parts of courses: (a) determined by the Secretary; and (b) published on the Department’s website.
(1) The Secretary must be satisfied that the provider has genuine students with satisfactory levels of student engagement and student satisfaction. (2) The provider must assess student satisfaction in relation to each of its courses at least annually.
(1) The provider must have established and maintained material, relevant and appropriate links with industry and other bodies to ensure that its approved courses: (a) meet workplace needs; and (b) improve employment outcomes. (2) The other bodies include the following, as appropriate: (a) employers; (b) employer or employee bodies; (c) professional associations; (d) industry regulators; (e) registered higher education providers. (3) Subsection (2) does not limit subsection (1).
The provider must: (a) be committed to: (i) the delivery of high quality vocational education and training; and (ii) achieving the best outcomes for students; and (b) act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth (including the National VET Regulator); and (c) have a record of satisfactory conduct in relation to any previous vocational education and training: (i) provided by the provider; and (ii) for which the Commonwealth, a State or a Territory provided funding (including by way of loans to students).
For the purposes of subsection 26(1) of the Act, this Division sets out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers.
Note 1: To approve a body as an approved course provider, the Secretary must be satisfied that the body meets the course provider requirements. Provider suitability requirements form part of the course provider requirements: see paragraph 25(2)(e) of the Act
Note 2: An approved course provider must also continue to meet the course provider requirements: see subsection 47(2).
The provider must: (a) be committed to: (i) the delivery of high quality vocational education and training; and (ii) achieving the best outcomes for students; and (b) act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth (including the National VET Regulator); and (c) have a record of satisfactory conduct in relation to any previous vocational education and training: (i) provided by the provider; and (ii) for which the Commonwealth, a State or a Territory provided funding (including by way of loans to students).
(1) The provider must be able to pay its debts as and when they are due and payable. (2) The provider must be financially viable. (3) Each of the following is an indicator that a provider is financially viable: (a) the provider generates sufficient income to meet operating payments, debt commitments and, where applicable, to allow growth while delivering quality training, assessment services and outcomes; (b) the provider’s total assets exceed the provider’s total liabilities (the provider has a positive equity position), and there is no evidence to suggest that this might change; (c) if the provider is not a charitable or not‑for‑profit organisation registered with the Australian Charities and Not‑for‑profits Commission, and has been operating for 3 years or more—the provider has operated at a profit for at least 2 of the 3 most recent financial years for the provider; (d) if the provider has at least 100 enrolments in courses leading to awards of qualifications in the Australian Qualifications Framework—at least 20% of the provider’s revenue for the previous financial year came from sources other than payments that gave rise to HELP debts or VETSL debts; (e) the provider has a net positive cash position from operating activities (determined in accordance with the accounting standards); (f) the provider is not providing guarantees or loans that could have a material effect on the provider’s finances; (g) the provider is not providing its assets as security other than under a commercial loan arrangement with an ADI.
(1) The provider’s total dividend distributions during a financial year must not exceed the provider’s after tax profit for the previous financial year. (2) Any transaction between the provider and key personnel or related parties may only be made: (a) where the transaction is reasonably necessary for the operations of the provider; and (b) where the terms and conditions of the transaction are reasonable having regard to the circumstances of the provider.
The provider must have: (a) workers’ compensation insurance as required by law; and (b) adequate public liability insurance.
(1) The provider must have: (a) robust and appropriate management and governance structures; and (b) clearly defined decision‑making processes that will ensure accountability for decisions and actions; and (c) the resources necessary to support its employees and students. (2) The provider must: (a) maintain the integrity of student records and data; and (b) report data consistently, accurately and on time to the Commonwealth in accordance with the Act and any instruments made under the Act.
(1) The provider’s key personnel and advisers must have the experience and expertise necessary to perform their duties and responsibilities. (2) The combined experience and expertise of the provider’s key personnel and advisers must include experience and expertise in the following: (a) the delivery of education; (b) management, including financial management and the management of human resources; (c) administration. (3) Subsection (2) does not limit subsection (1).
The provider must not pay its staff commissions, benefits or bonuses (however described) that have any connection (whether direct or indirect) with the number of students who are enrolled by the provider and whose tuition fees are paid (whether wholly or partly) using VET student loans.
(1) The provider must comply with the following: (a) the Australian Education Act 2013; (b) the Education Services for Overseas Students Act 2000; (c) the Higher Education Support Act 2003; (d) the National Vocational Education and Training Regulator Act 2011; (e) the Tertiary Education Quality and Standards Agency Act 2011; (f) the Corporations Act 2001; (g) the Crimes Act 1914; (h) the Criminal Code Act 1995; (i) the Privacy Act 1988; (j) any other law of the Commonwealth that relates to: (i) the regulation or funding of education; or (ii) trade practices or consumer protection; (k) any law of a State or Territory that: (i) applies to the provider; and (ii) relates to a matter covered by a law mentioned in paragraphs (a) to (j). (2) The provider must have the organisational capacity and administrative resources to: (a) ensure that it is able to meet its responsibilities under the laws covered by subsection (1); and (b) review on a regular basis its compliance with, and effectiveness of its operations in relation to, those laws.
(1) If the provider is an NVR registered training organisation, or is registered with the Western Australia Training Accreditation Council, the provider must comply with: (a) the Standards for NVR Registered Training Organisations; and (b) the Quality Standards (unless the provider is registered with the Western Australia Training Accreditation Council); and (c) the Australian Qualifications Framework. (2) If the provider is registered with the Victorian Registration and Qualifications Authority, the provider must comply with: (a) the Australian Quality Training Framework; and (b) the Victorian Registration and Qualifications Authority Guidelines for VET Providers; and (c) the Australian Qualifications Framework. (3) A reference in subsection (1) or (2) to standards, a framework or guidelines is a reference to the standards, framework or guidelines as in force from time to time.
(1) The provider must have experience in providing vocational education and training as a registered training organisation. (2) For the purposes of deciding whether a provider has such experience, the Secretary may have regard to the following: (a) whether the provider has been registered as a registered training organisation for 3 or more years; (b) the history of the provider and its key personnel in delivering vocational education and training to genuine students; (c) the history of the provider and its key personnel in delivering education through subsidy funding arrangements with a State or Territory; (d) the scope of courses the provider and its key personnel have experience in providing and the levels of qualification provided by those courses.
(1) For the purposes of deciding whether to approve the provider as an approved course provider, the provider must be providing at least one course set out in the courses and loan caps determination. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the provider must be providing an approved course.
(1) The Secretary must be satisfied that the provider has (or will have) adequate completion rates for each of its courses (or parts of courses) that lead to a diploma, advanced diploma, graduate certificate or graduate diploma as set out in the Australian Qualifications Framework. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the Secretary must be satisfied that, from the time the provider was approved as an approved course provider, the provider has met the completion rate benchmarks for courses or parts of courses: (a) determined by the Secretary; and (b) published on the Department’s website.
(1) The Secretary must be satisfied that the provider has genuine students with satisfactory levels of student engagement and student satisfaction. (2) The provider must assess student satisfaction in relation to each of its courses at least annually.
(1) The provider must have established and maintained material, relevant and appropriate links with industry and other bodies to ensure that its approved courses: (a) meet workplace needs; and (b) improve employment outcomes. (2) The other bodies include the following, as appropriate: (a) employers; (b) employer or employee bodies; (c) professional associations; (d) industry regulators; (e) registered higher education providers. (3) Subsection (2) does not limit subsection (1).
(1) The provider must be able to pay its debts as and when they are due and payable. (2) The provider must be financially viable. (3) Each of the following is an indicator that a provider is financially viable: (a) the provider generates sufficient income to meet operating payments, debt commitments and, where applicable, to allow growth while delivering quality training, assessment services and outcomes; (b) the provider’s total assets exceed the provider’s total liabilities (the provider has a positive equity position), and there is no evidence to suggest that this might change; (c) if the provider is not a charitable or not‑for‑profit organisation registered with the Australian Charities and Not‑for‑profits Commission, and has been operating for 3 years or more—the provider has operated at a profit for at least 2 of the 3 most recent financial years for the provider; (d) if the provider has at least 100 enrolments in courses leading to awards of qualifications in the Australian Qualifications Framework—at least 20% of the provider’s revenue for the previous financial year came from sources other than payments that gave rise to HELP debts or VETSL debts; (e) the provider has a net positive cash position from operating activities (determined in accordance with the accounting standards); (f) the provider is not providing guarantees or loans that could have a material effect on the provider’s finances; (g) the provider is not providing its assets as security other than under a commercial loan arrangement with an ADI.
(1) The provider’s total dividend distributions during a financial year must not exceed the provider’s after tax profit for the previous financial year. (2) Any transaction between the provider and key personnel or related parties may only be made: (a) where the transaction is reasonably necessary for the operations of the provider; and (b) where the terms and conditions of the transaction are reasonable having regard to the circumstances of the provider.
The provider must have: (a) workers’ compensation insurance as required by law; and (b) adequate public liability insurance.
For the purposes of subsection 26(1) of the Act, this Division sets out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers.
Note 1: To approve a body as an approved course provider, the Secretary must be satisfied that the body meets the course provider requirements. Provider suitability requirements form part of the course provider requirements: see paragraph 25(2)(e) of the Act
Note 2: An approved course provider must also continue to meet the course provider requirements: see subsection 47(2).
The provider must: (a) be committed to: (i) the delivery of high quality vocational education and training; and (ii) achieving the best outcomes for students; and (b) act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth (including the National VET Regulator); and (c) have a record of satisfactory conduct in relation to any previous vocational education and training: (i) provided by the provider; and (ii) for which the Commonwealth, a State or a Territory provided funding (including by way of loans to students).
(1) The provider must be able to pay its debts as and when they are due and payable. (2) The provider must be financially viable. (3) Each of the following is an indicator that a provider is financially viable: (a) the provider generates sufficient income to meet operating payments, debt commitments and, where applicable, to allow growth while delivering quality training, assessment services and outcomes; (b) the provider’s total assets exceed the provider’s total liabilities (the provider has a positive equity position), and there is no evidence to suggest that this might change; (c) if the provider is not a charitable or not‑for‑profit organisation registered with the Australian Charities and Not‑for‑profits Commission, and has been operating for 3 years or more—the provider has operated at a profit for at least 2 of the 3 most recent financial years for the provider; (d) if the provider has at least 100 enrolments in courses leading to awards of qualifications in the Australian Qualifications Framework—at least 20% of the provider’s revenue for the previous financial year came from sources other than payments that gave rise to HELP debts or VETSL debts; (e) the provider has a net positive cash position from operating activities (determined in accordance with the accounting standards); (f) the provider is not providing guarantees or loans that could have a material effect on the provider’s finances; (g) the provider is not providing its assets as security other than under a commercial loan arrangement with an ADI.
(1) The provider’s total dividend distributions during a financial year must not exceed the provider’s after tax profit for the previous financial year. (2) Any transaction between the provider and key personnel or related parties may only be made: (a) where the transaction is reasonably necessary for the operations of the provider; and (b) where the terms and conditions of the transaction are reasonable having regard to the circumstances of the provider.
The provider must have: (a) workers’ compensation insurance as required by law; and (b) adequate public liability insurance.
(1) The provider must have: (a) robust and appropriate management and governance structures; and (b) clearly defined decision‑making processes that will ensure accountability for decisions and actions; and (c) the resources necessary to support its employees and students. (2) The provider must: (a) maintain the integrity of student records and data; and (b) report data consistently, accurately and on time to the Commonwealth in accordance with the Act and any instruments made under the Act.
(1) The provider’s key personnel and advisers must have the experience and expertise necessary to perform their duties and responsibilities. (2) The combined experience and expertise of the provider’s key personnel and advisers must include experience and expertise in the following: (a) the delivery of education; (b) management, including financial management and the management of human resources; (c) administration. (3) Subsection (2) does not limit subsection (1).
The provider must not pay its staff commissions, benefits or bonuses (however described) that have any connection (whether direct or indirect) with the number of students who are enrolled by the provider and whose tuition fees are paid (whether wholly or partly) using VET student loans.
(1) The provider must comply with the following: (a) the Australian Education Act 2013; (b) the Education Services for Overseas Students Act 2000; (c) the Higher Education Support Act 2003; (d) the National Vocational Education and Training Regulator Act 2011; (e) the Tertiary Education Quality and Standards Agency Act 2011; (f) the Corporations Act 2001; (g) the Crimes Act 1914; (h) the Criminal Code Act 1995; (i) the Privacy Act 1988; (j) any other law of the Commonwealth that relates to: (i) the regulation or funding of education; or (ii) trade practices or consumer protection; (k) any law of a State or Territory that: (i) applies to the provider; and (ii) relates to a matter covered by a law mentioned in paragraphs (a) to (j). (2) The provider must have the organisational capacity and administrative resources to: (a) ensure that it is able to meet its responsibilities under the laws covered by subsection (1); and (b) review on a regular basis its compliance with, and effectiveness of its operations in relation to, those laws.
(1) If the provider is an NVR registered training organisation, or is registered with the Western Australia Training Accreditation Council, the provider must comply with: (a) the Standards for NVR Registered Training Organisations; and (b) the Quality Standards (unless the provider is registered with the Western Australia Training Accreditation Council); and (c) the Australian Qualifications Framework. (2) If the provider is registered with the Victorian Registration and Qualifications Authority, the provider must comply with: (a) the Australian Quality Training Framework; and (b) the Victorian Registration and Qualifications Authority Guidelines for VET Providers; and (c) the Australian Qualifications Framework. (3) A reference in subsection (1) or (2) to standards, a framework or guidelines is a reference to the standards, framework or guidelines as in force from time to time.
(1) The provider must have experience in providing vocational education and training as a registered training organisation. (2) For the purposes of deciding whether a provider has such experience, the Secretary may have regard to the following: (a) whether the provider has been registered as a registered training organisation for 3 or more years; (b) the history of the provider and its key personnel in delivering vocational education and training to genuine students; (c) the history of the provider and its key personnel in delivering education through subsidy funding arrangements with a State or Territory; (d) the scope of courses the provider and its key personnel have experience in providing and the levels of qualification provided by those courses.
(1) For the purposes of deciding whether to approve the provider as an approved course provider, the provider must be providing at least one course set out in the courses and loan caps determination. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the provider must be providing an approved course.
(1) The Secretary must be satisfied that the provider has (or will have) adequate completion rates for each of its courses (or parts of courses) that lead to a diploma, advanced diploma, graduate certificate or graduate diploma as set out in the Australian Qualifications Framework. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the Secretary must be satisfied that, from the time the provider was approved as an approved course provider, the provider has met the completion rate benchmarks for courses or parts of courses: (a) determined by the Secretary; and (b) published on the Department’s website.
(1) The Secretary must be satisfied that the provider has genuine students with satisfactory levels of student engagement and student satisfaction. (2) The provider must assess student satisfaction in relation to each of its courses at least annually.
(1) The provider must have established and maintained material, relevant and appropriate links with industry and other bodies to ensure that its approved courses: (a) meet workplace needs; and (b) improve employment outcomes. (2) The other bodies include the following, as appropriate: (a) employers; (b) employer or employee bodies; (c) professional associations; (d) industry regulators; (e) registered higher education providers. (3) Subsection (2) does not limit subsection (1).
(1) The provider must have: (a) robust and appropriate management and governance structures; and (b) clearly defined decision‑making processes that will ensure accountability for decisions and actions; and (c) the resources necessary to support its employees and students. (2) The provider must: (a) maintain the integrity of student records and data; and (b) report data consistently, accurately and on time to the Commonwealth in accordance with the Act and any instruments made under the Act.
(1) The provider’s key personnel and advisers must have the experience and expertise necessary to perform their duties and responsibilities. (2) The combined experience and expertise of the provider’s key personnel and advisers must include experience and expertise in the following: (a) the delivery of education; (b) management, including financial management and the management of human resources; (c) administration. (3) Subsection (2) does not limit subsection (1).
The provider must not pay its staff commissions, benefits or bonuses (however described) that have any connection (whether direct or indirect) with the number of students who are enrolled by the provider and whose tuition fees are paid (whether wholly or partly) using VET student loans.
(1) The provider must comply with the following: (a) the Australian Education Act 2013; (b) the Education Services for Overseas Students Act 2000; (c) the Higher Education Support Act 2003; (d) the National Vocational Education and Training Regulator Act 2011; (e) the Tertiary Education Quality and Standards Agency Act 2011; (f) the Corporations Act 2001; (g) the Crimes Act 1914; (h) the Criminal Code Act 1995; (i) the Privacy Act 1988; (j) any other law of the Commonwealth that relates to: (i) the regulation or funding of education; or (ii) trade practices or consumer protection; (k) any law of a State or Territory that: (i) applies to the provider; and (ii) relates to a matter covered by a law mentioned in paragraphs (a) to (j). (2) The provider must have the organisational capacity and administrative resources to: (a) ensure that it is able to meet its responsibilities under the laws covered by subsection (1); and (b) review on a regular basis its compliance with, and effectiveness of its operations in relation to, those laws.
(1) If the provider is an NVR registered training organisation, or is registered with the Western Australia Training Accreditation Council, the provider must comply with: (a) the Standards for NVR Registered Training Organisations; and (b) the Quality Standards (unless the provider is registered with the Western Australia Training Accreditation Council); and (c) the Australian Qualifications Framework. (2) If the provider is registered with the Victorian Registration and Qualifications Authority, the provider must comply with: (a) the Australian Quality Training Framework; and (b) the Victorian Registration and Qualifications Authority Guidelines for VET Providers; and (c) the Australian Qualifications Framework. (3) A reference in subsection (1) or (2) to standards, a framework or guidelines is a reference to the standards, framework or guidelines as in force from time to time.
For the purposes of subsection 26(1) of the Act, this Division sets out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers.
Note 1: To approve a body as an approved course provider, the Secretary must be satisfied that the body meets the course provider requirements. Provider suitability requirements form part of the course provider requirements: see paragraph 25(2)(e) of the Act
Note 2: An approved course provider must also continue to meet the course provider requirements: see subsection 47(2).
The provider must: (a) be committed to: (i) the delivery of high quality vocational education and training; and (ii) achieving the best outcomes for students; and (b) act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth (including the National VET Regulator); and (c) have a record of satisfactory conduct in relation to any previous vocational education and training: (i) provided by the provider; and (ii) for which the Commonwealth, a State or a Territory provided funding (including by way of loans to students).
(1) The provider must be able to pay its debts as and when they are due and payable. (2) The provider must be financially viable. (3) Each of the following is an indicator that a provider is financially viable: (a) the provider generates sufficient income to meet operating payments, debt commitments and, where applicable, to allow growth while delivering quality training, assessment services and outcomes; (b) the provider’s total assets exceed the provider’s total liabilities (the provider has a positive equity position), and there is no evidence to suggest that this might change; (c) if the provider is not a charitable or not‑for‑profit organisation registered with the Australian Charities and Not‑for‑profits Commission, and has been operating for 3 years or more—the provider has operated at a profit for at least 2 of the 3 most recent financial years for the provider; (d) if the provider has at least 100 enrolments in courses leading to awards of qualifications in the Australian Qualifications Framework—at least 20% of the provider’s revenue for the previous financial year came from sources other than payments that gave rise to HELP debts or VETSL debts; (e) the provider has a net positive cash position from operating activities (determined in accordance with the accounting standards); (f) the provider is not providing guarantees or loans that could have a material effect on the provider’s finances; (g) the provider is not providing its assets as security other than under a commercial loan arrangement with an ADI.
(1) The provider’s total dividend distributions during a financial year must not exceed the provider’s after tax profit for the previous financial year. (2) Any transaction between the provider and key personnel or related parties may only be made: (a) where the transaction is reasonably necessary for the operations of the provider; and (b) where the terms and conditions of the transaction are reasonable having regard to the circumstances of the provider.
The provider must have: (a) workers’ compensation insurance as required by law; and (b) adequate public liability insurance.
(1) The provider must have: (a) robust and appropriate management and governance structures; and (b) clearly defined decision‑making processes that will ensure accountability for decisions and actions; and (c) the resources necessary to support its employees and students. (2) The provider must: (a) maintain the integrity of student records and data; and (b) report data consistently, accurately and on time to the Commonwealth in accordance with the Act and any instruments made under the Act.
(1) The provider’s key personnel and advisers must have the experience and expertise necessary to perform their duties and responsibilities. (2) The combined experience and expertise of the provider’s key personnel and advisers must include experience and expertise in the following: (a) the delivery of education; (b) management, including financial management and the management of human resources; (c) administration. (3) Subsection (2) does not limit subsection (1).
The provider must not pay its staff commissions, benefits or bonuses (however described) that have any connection (whether direct or indirect) with the number of students who are enrolled by the provider and whose tuition fees are paid (whether wholly or partly) using VET student loans.
(1) The provider must comply with the following: (a) the Australian Education Act 2013; (b) the Education Services for Overseas Students Act 2000; (c) the Higher Education Support Act 2003; (d) the National Vocational Education and Training Regulator Act 2011; (e) the Tertiary Education Quality and Standards Agency Act 2011; (f) the Corporations Act 2001; (g) the Crimes Act 1914; (h) the Criminal Code Act 1995; (i) the Privacy Act 1988; (j) any other law of the Commonwealth that relates to: (i) the regulation or funding of education; or (ii) trade practices or consumer protection; (k) any law of a State or Territory that: (i) applies to the provider; and (ii) relates to a matter covered by a law mentioned in paragraphs (a) to (j). (2) The provider must have the organisational capacity and administrative resources to: (a) ensure that it is able to meet its responsibilities under the laws covered by subsection (1); and (b) review on a regular basis its compliance with, and effectiveness of its operations in relation to, those laws.
(1) If the provider is an NVR registered training organisation, or is registered with the Western Australia Training Accreditation Council, the provider must comply with: (a) the Standards for NVR Registered Training Organisations; and (b) the Quality Standards (unless the provider is registered with the Western Australia Training Accreditation Council); and (c) the Australian Qualifications Framework. (2) If the provider is registered with the Victorian Registration and Qualifications Authority, the provider must comply with: (a) the Australian Quality Training Framework; and (b) the Victorian Registration and Qualifications Authority Guidelines for VET Providers; and (c) the Australian Qualifications Framework. (3) A reference in subsection (1) or (2) to standards, a framework or guidelines is a reference to the standards, framework or guidelines as in force from time to time.
(1) The provider must have experience in providing vocational education and training as a registered training organisation. (2) For the purposes of deciding whether a provider has such experience, the Secretary may have regard to the following: (a) whether the provider has been registered as a registered training organisation for 3 or more years; (b) the history of the provider and its key personnel in delivering vocational education and training to genuine students; (c) the history of the provider and its key personnel in delivering education through subsidy funding arrangements with a State or Territory; (d) the scope of courses the provider and its key personnel have experience in providing and the levels of qualification provided by those courses.
(1) For the purposes of deciding whether to approve the provider as an approved course provider, the provider must be providing at least one course set out in the courses and loan caps determination. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the provider must be providing an approved course.
(1) The Secretary must be satisfied that the provider has (or will have) adequate completion rates for each of its courses (or parts of courses) that lead to a diploma, advanced diploma, graduate certificate or graduate diploma as set out in the Australian Qualifications Framework. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the Secretary must be satisfied that, from the time the provider was approved as an approved course provider, the provider has met the completion rate benchmarks for courses or parts of courses: (a) determined by the Secretary; and (b) published on the Department’s website.
(1) The Secretary must be satisfied that the provider has genuine students with satisfactory levels of student engagement and student satisfaction. (2) The provider must assess student satisfaction in relation to each of its courses at least annually.
(1) The provider must have established and maintained material, relevant and appropriate links with industry and other bodies to ensure that its approved courses: (a) meet workplace needs; and (b) improve employment outcomes. (2) The other bodies include the following, as appropriate: (a) employers; (b) employer or employee bodies; (c) professional associations; (d) industry regulators; (e) registered higher education providers. (3) Subsection (2) does not limit subsection (1).
(1) The provider must have experience in providing vocational education and training as a registered training organisation. (2) For the purposes of deciding whether a provider has such experience, the Secretary may have regard to the following: (a) whether the provider has been registered as a registered training organisation for 3 or more years; (b) the history of the provider and its key personnel in delivering vocational education and training to genuine students; (c) the history of the provider and its key personnel in delivering education through subsidy funding arrangements with a State or Territory; (d) the scope of courses the provider and its key personnel have experience in providing and the levels of qualification provided by those courses.
(1) For the purposes of deciding whether to approve the provider as an approved course provider, the provider must be providing at least one course set out in the courses and loan caps determination. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the provider must be providing an approved course.
For the purposes of subsection 26(1) of the Act, this Division sets out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers.
Note 1: To approve a body as an approved course provider, the Secretary must be satisfied that the body meets the course provider requirements. Provider suitability requirements form part of the course provider requirements: see paragraph 25(2)(e) of the Act
Note 2: An approved course provider must also continue to meet the course provider requirements: see subsection 47(2).
The provider must: (a) be committed to: (i) the delivery of high quality vocational education and training; and (ii) achieving the best outcomes for students; and (b) act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth (including the National VET Regulator); and (c) have a record of satisfactory conduct in relation to any previous vocational education and training: (i) provided by the provider; and (ii) for which the Commonwealth, a State or a Territory provided funding (including by way of loans to students).
(1) The provider must be able to pay its debts as and when they are due and payable. (2) The provider must be financially viable. (3) Each of the following is an indicator that a provider is financially viable: (a) the provider generates sufficient income to meet operating payments, debt commitments and, where applicable, to allow growth while delivering quality training, assessment services and outcomes; (b) the provider’s total assets exceed the provider’s total liabilities (the provider has a positive equity position), and there is no evidence to suggest that this might change; (c) if the provider is not a charitable or not‑for‑profit organisation registered with the Australian Charities and Not‑for‑profits Commission, and has been operating for 3 years or more—the provider has operated at a profit for at least 2 of the 3 most recent financial years for the provider; (d) if the provider has at least 100 enrolments in courses leading to awards of qualifications in the Australian Qualifications Framework—at least 20% of the provider’s revenue for the previous financial year came from sources other than payments that gave rise to HELP debts or VETSL debts; (e) the provider has a net positive cash position from operating activities (determined in accordance with the accounting standards); (f) the provider is not providing guarantees or loans that could have a material effect on the provider’s finances; (g) the provider is not providing its assets as security other than under a commercial loan arrangement with an ADI.
(1) The provider’s total dividend distributions during a financial year must not exceed the provider’s after tax profit for the previous financial year. (2) Any transaction between the provider and key personnel or related parties may only be made: (a) where the transaction is reasonably necessary for the operations of the provider; and (b) where the terms and conditions of the transaction are reasonable having regard to the circumstances of the provider.
The provider must have: (a) workers’ compensation insurance as required by law; and (b) adequate public liability insurance.
(1) The provider must have: (a) robust and appropriate management and governance structures; and (b) clearly defined decision‑making processes that will ensure accountability for decisions and actions; and (c) the resources necessary to support its employees and students. (2) The provider must: (a) maintain the integrity of student records and data; and (b) report data consistently, accurately and on time to the Commonwealth in accordance with the Act and any instruments made under the Act.
(1) The provider’s key personnel and advisers must have the experience and expertise necessary to perform their duties and responsibilities. (2) The combined experience and expertise of the provider’s key personnel and advisers must include experience and expertise in the following: (a) the delivery of education; (b) management, including financial management and the management of human resources; (c) administration. (3) Subsection (2) does not limit subsection (1).
The provider must not pay its staff commissions, benefits or bonuses (however described) that have any connection (whether direct or indirect) with the number of students who are enrolled by the provider and whose tuition fees are paid (whether wholly or partly) using VET student loans.
(1) The provider must comply with the following: (a) the Australian Education Act 2013; (b) the Education Services for Overseas Students Act 2000; (c) the Higher Education Support Act 2003; (d) the National Vocational Education and Training Regulator Act 2011; (e) the Tertiary Education Quality and Standards Agency Act 2011; (f) the Corporations Act 2001; (g) the Crimes Act 1914; (h) the Criminal Code Act 1995; (i) the Privacy Act 1988; (j) any other law of the Commonwealth that relates to: (i) the regulation or funding of education; or (ii) trade practices or consumer protection; (k) any law of a State or Territory that: (i) applies to the provider; and (ii) relates to a matter covered by a law mentioned in paragraphs (a) to (j). (2) The provider must have the organisational capacity and administrative resources to: (a) ensure that it is able to meet its responsibilities under the laws covered by subsection (1); and (b) review on a regular basis its compliance with, and effectiveness of its operations in relation to, those laws.
(1) If the provider is an NVR registered training organisation, or is registered with the Western Australia Training Accreditation Council, the provider must comply with: (a) the Standards for NVR Registered Training Organisations; and (b) the Quality Standards (unless the provider is registered with the Western Australia Training Accreditation Council); and (c) the Australian Qualifications Framework. (2) If the provider is registered with the Victorian Registration and Qualifications Authority, the provider must comply with: (a) the Australian Quality Training Framework; and (b) the Victorian Registration and Qualifications Authority Guidelines for VET Providers; and (c) the Australian Qualifications Framework. (3) A reference in subsection (1) or (2) to standards, a framework or guidelines is a reference to the standards, framework or guidelines as in force from time to time.
(1) The provider must have experience in providing vocational education and training as a registered training organisation. (2) For the purposes of deciding whether a provider has such experience, the Secretary may have regard to the following: (a) whether the provider has been registered as a registered training organisation for 3 or more years; (b) the history of the provider and its key personnel in delivering vocational education and training to genuine students; (c) the history of the provider and its key personnel in delivering education through subsidy funding arrangements with a State or Territory; (d) the scope of courses the provider and its key personnel have experience in providing and the levels of qualification provided by those courses.
(1) For the purposes of deciding whether to approve the provider as an approved course provider, the provider must be providing at least one course set out in the courses and loan caps determination. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the provider must be providing an approved course.
(1) The Secretary must be satisfied that the provider has (or will have) adequate completion rates for each of its courses (or parts of courses) that lead to a diploma, advanced diploma, graduate certificate or graduate diploma as set out in the Australian Qualifications Framework. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the Secretary must be satisfied that, from the time the provider was approved as an approved course provider, the provider has met the completion rate benchmarks for courses or parts of courses: (a) determined by the Secretary; and (b) published on the Department’s website.
(1) The Secretary must be satisfied that the provider has genuine students with satisfactory levels of student engagement and student satisfaction. (2) The provider must assess student satisfaction in relation to each of its courses at least annually.
(1) The provider must have established and maintained material, relevant and appropriate links with industry and other bodies to ensure that its approved courses: (a) meet workplace needs; and (b) improve employment outcomes. (2) The other bodies include the following, as appropriate: (a) employers; (b) employer or employee bodies; (c) professional associations; (d) industry regulators; (e) registered higher education providers. (3) Subsection (2) does not limit subsection (1).
(1) The Secretary must be satisfied that the provider has (or will have) adequate completion rates for each of its courses (or parts of courses) that lead to a diploma, advanced diploma, graduate certificate or graduate diploma as set out in the Australian Qualifications Framework. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the Secretary must be satisfied that, from the time the provider was approved as an approved course provider, the provider has met the completion rate benchmarks for courses or parts of courses: (a) determined by the Secretary; and (b) published on the Department’s website.
(1) The Secretary must be satisfied that the provider has genuine students with satisfactory levels of student engagement and student satisfaction. (2) The provider must assess student satisfaction in relation to each of its courses at least annually.
For the purposes of subsection 26(1) of the Act, this Division sets out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers.
Note 1: To approve a body as an approved course provider, the Secretary must be satisfied that the body meets the course provider requirements. Provider suitability requirements form part of the course provider requirements: see paragraph 25(2)(e) of the Act
Note 2: An approved course provider must also continue to meet the course provider requirements: see subsection 47(2).
The provider must: (a) be committed to: (i) the delivery of high quality vocational education and training; and (ii) achieving the best outcomes for students; and (b) act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth (including the National VET Regulator); and (c) have a record of satisfactory conduct in relation to any previous vocational education and training: (i) provided by the provider; and (ii) for which the Commonwealth, a State or a Territory provided funding (including by way of loans to students).
(1) The provider must be able to pay its debts as and when they are due and payable. (2) The provider must be financially viable. (3) Each of the following is an indicator that a provider is financially viable: (a) the provider generates sufficient income to meet operating payments, debt commitments and, where applicable, to allow growth while delivering quality training, assessment services and outcomes; (b) the provider’s total assets exceed the provider’s total liabilities (the provider has a positive equity position), and there is no evidence to suggest that this might change; (c) if the provider is not a charitable or not‑for‑profit organisation registered with the Australian Charities and Not‑for‑profits Commission, and has been operating for 3 years or more—the provider has operated at a profit for at least 2 of the 3 most recent financial years for the provider; (d) if the provider has at least 100 enrolments in courses leading to awards of qualifications in the Australian Qualifications Framework—at least 20% of the provider’s revenue for the previous financial year came from sources other than payments that gave rise to HELP debts or VETSL debts; (e) the provider has a net positive cash position from operating activities (determined in accordance with the accounting standards); (f) the provider is not providing guarantees or loans that could have a material effect on the provider’s finances; (g) the provider is not providing its assets as security other than under a commercial loan arrangement with an ADI.
(1) The provider’s total dividend distributions during a financial year must not exceed the provider’s after tax profit for the previous financial year. (2) Any transaction between the provider and key personnel or related parties may only be made: (a) where the transaction is reasonably necessary for the operations of the provider; and (b) where the terms and conditions of the transaction are reasonable having regard to the circumstances of the provider.
The provider must have: (a) workers’ compensation insurance as required by law; and (b) adequate public liability insurance.
(1) The provider must have: (a) robust and appropriate management and governance structures; and (b) clearly defined decision‑making processes that will ensure accountability for decisions and actions; and (c) the resources necessary to support its employees and students. (2) The provider must: (a) maintain the integrity of student records and data; and (b) report data consistently, accurately and on time to the Commonwealth in accordance with the Act and any instruments made under the Act.
(1) The provider’s key personnel and advisers must have the experience and expertise necessary to perform their duties and responsibilities. (2) The combined experience and expertise of the provider’s key personnel and advisers must include experience and expertise in the following: (a) the delivery of education; (b) management, including financial management and the management of human resources; (c) administration. (3) Subsection (2) does not limit subsection (1).
The provider must not pay its staff commissions, benefits or bonuses (however described) that have any connection (whether direct or indirect) with the number of students who are enrolled by the provider and whose tuition fees are paid (whether wholly or partly) using VET student loans.
(1) The provider must comply with the following: (a) the Australian Education Act 2013; (b) the Education Services for Overseas Students Act 2000; (c) the Higher Education Support Act 2003; (d) the National Vocational Education and Training Regulator Act 2011; (e) the Tertiary Education Quality and Standards Agency Act 2011; (f) the Corporations Act 2001; (g) the Crimes Act 1914; (h) the Criminal Code Act 1995; (i) the Privacy Act 1988; (j) any other law of the Commonwealth that relates to: (i) the regulation or funding of education; or (ii) trade practices or consumer protection; (k) any law of a State or Territory that: (i) applies to the provider; and (ii) relates to a matter covered by a law mentioned in paragraphs (a) to (j). (2) The provider must have the organisational capacity and administrative resources to: (a) ensure that it is able to meet its responsibilities under the laws covered by subsection (1); and (b) review on a regular basis its compliance with, and effectiveness of its operations in relation to, those laws.
(1) If the provider is an NVR registered training organisation, or is registered with the Western Australia Training Accreditation Council, the provider must comply with: (a) the Standards for NVR Registered Training Organisations; and (b) the Quality Standards (unless the provider is registered with the Western Australia Training Accreditation Council); and (c) the Australian Qualifications Framework. (2) If the provider is registered with the Victorian Registration and Qualifications Authority, the provider must comply with: (a) the Australian Quality Training Framework; and (b) the Victorian Registration and Qualifications Authority Guidelines for VET Providers; and (c) the Australian Qualifications Framework. (3) A reference in subsection (1) or (2) to standards, a framework or guidelines is a reference to the standards, framework or guidelines as in force from time to time.
(1) The provider must have experience in providing vocational education and training as a registered training organisation. (2) For the purposes of deciding whether a provider has such experience, the Secretary may have regard to the following: (a) whether the provider has been registered as a registered training organisation for 3 or more years; (b) the history of the provider and its key personnel in delivering vocational education and training to genuine students; (c) the history of the provider and its key personnel in delivering education through subsidy funding arrangements with a State or Territory; (d) the scope of courses the provider and its key personnel have experience in providing and the levels of qualification provided by those courses.
(1) For the purposes of deciding whether to approve the provider as an approved course provider, the provider must be providing at least one course set out in the courses and loan caps determination. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the provider must be providing an approved course.
(1) The Secretary must be satisfied that the provider has (or will have) adequate completion rates for each of its courses (or parts of courses) that lead to a diploma, advanced diploma, graduate certificate or graduate diploma as set out in the Australian Qualifications Framework. (2) For the purposes of deciding whether an approved course provider continues to meet the course provider requirements, the Secretary must be satisfied that, from the time the provider was approved as an approved course provider, the provider has met the completion rate benchmarks for courses or parts of courses: (a) determined by the Secretary; and (b) published on the Department’s website.
(1) The Secretary must be satisfied that the provider has genuine students with satisfactory levels of student engagement and student satisfaction. (2) The provider must assess student satisfaction in relation to each of its courses at least annually.
(1) The provider must have established and maintained material, relevant and appropriate links with industry and other bodies to ensure that its approved courses: (a) meet workplace needs; and (b) improve employment outcomes. (2) The other bodies include the following, as appropriate: (a) employers; (b) employer or employee bodies; (c) professional associations; (d) industry regulators; (e) registered higher education providers. (3) Subsection (2) does not limit subsection (1).
(1) The provider must have established and maintained material, relevant and appropriate links with industry and other bodies to ensure that its approved courses: (a) meet workplace needs; and (b) improve employment outcomes. (2) The other bodies include the following, as appropriate: (a) employers; (b) employer or employee bodies; (c) professional associations; (d) industry regulators; (e) registered higher education providers. (3) Subsection (2) does not limit subsection (1).
This Division is made for the purposes of subsection 27(1) of the Act.
A listed course provider is taken to meet the following course provider requirements: (a) the requirement in paragraph 25(2)(a) of the Act to be a body corporate that is not a trustee; (b) the provider suitability requirements set out in sections 23, 24, 25, 26, 27, and 31.
This Division is made for the purposes of subsection 27(1) of the Act.
A listed course provider is taken to meet the following course provider requirements: (a) the requirement in paragraph 25(2)(a) of the Act to be a body corporate that is not a trustee; (b) the provider suitability requirements set out in sections 23, 24, 25, 26, 27, and 31.
This Part is made for the purposes of paragraph 32(1)(b) of the Act.
(1) The Secretary is not required to consider or decide an application for approval as an approved course provider if: (a) the application is made outside the period notified on the Department’s website as the period in which such applications can be made; or (b) approval by the Secretary of additional VET student loans during the calendar year would result in the VET student loans cap for the calendar year being exceeded. (2) The VET student loans cap for each of the calendar years 2017, 2018 and 2019 is the amount specified in section 155.
This Division is made for the purposes of subsection 49A(2) of the Act.
(1) The VSL Tuition Protection Director must specify in a written notice given to each approved course provider who is liable to pay VSL tuition protection levy:
(a) the amount of each component of the provider’s levy;
(b) the total amount of the provider’s levy;
(c) an explanation of how each component of the provider’s levy was calculated; and
(d) the business day by which the levy is due and payable by the provider.
(2) The day mentioned in paragraph (1)(d) of this section must be at least 14 days after the day the notice is given.
(3) A failure to give a provider the notice under subsection (1) does not affect the liability of the provider to pay a VSL tuition protection levy.
(4) Subsections (1) and (3) do not apply if the liability to pay the VSL tuition protection levy is waived under section 41A.
Note 1: VSL tuition protection levy is imposed on approved course providers to whom Part 5A of the Act applies under the VET Student Loans (VSL Tuition Protection Levy) Act 2019.
Note 2: Section 49A of the Act requires an approved course provider to pay the VSL tuition protection levy when it is due and payable. Section 36 of the Act enables the Secretary to suspend or revoke a provider if satisfied the provider is not complying with the Act.
(1) Payment of the VSL tuition protection levy is waived for all approved course providers for the calendar year 2020. (2) Payment of the VSL tuition protection levy is waived for all approved course providers for the calendar year 2021. (3) Payment of the VSL tuition protection levy may be waived, if: (a) the provider’s registration as a registered training organisation is cancelled; or (b) the provider is no longer in operation, prior to the time the VSL Tuition Protection Director issues a written notice under subsection 41(1).
The VSL Tuition Protection Director may, at any time after giving an approved course provider the notice mentioned in subsection 41(1), give the provider a written notice (extension notice) that specifies a day that is later than the day specified in the notice issued under subsection 41(1) as the day on which the levy is due and payable. The extension notice has effect, and is taken to have always had effect, according to its terms.
Note: The VSL Tuition Protection Director may give a provider more than one extension notice.
An amount of VSL tuition protection levy that is due and payable by an approved course provider may be recovered by the VSL Tuition Protection Director, on behalf of the Commonwealth, as a debt due to the Commonwealth.
This Division is made for the purposes of paragraph 66A(1)(b) of the Act.
(1) Part 5A of the Act does not apply to a registered training organisation that is: (a) owned by the Commonwealth, a State or a Territory; or (b) established to provide vocational education or training under one of the following: (i) the Technical and Further Education Commission Act 1990 (NSW); (ii) the Education and Training Reform Act 2006 (Vic.); (iii) the TAFE Queensland Act 2013 (Qld); (iv) the Vocational Education and Training Act 1996 (WA); (v) the TAFE SA Act 2012 (SA); (vi) the Training and Workforce Development Act 2013 (Tas.); (vii) the Canberra Institute of Technology Act 1987 (ACT).
Note: Subsection 66A(2) of the VET Student Loans Act 2016 provides that despite subsection 66A(1), sections 66F and 66G apply to all approved course providers. Section 66F deals with provider obligations to provide information about replacement courses and section 66G deals with obligations of providers who provide replacement courses.
This Division is made for the purposes of subsection 49A(2) of the Act.
(1) The VSL Tuition Protection Director must specify in a written notice given to each approved course provider who is liable to pay VSL tuition protection levy:
(a) the amount of each component of the provider’s levy;
(b) the total amount of the provider’s levy;
(c) an explanation of how each component of the provider’s levy was calculated; and
(d) the business day by which the levy is due and payable by the provider.
(2) The day mentioned in paragraph (1)(d) of this section must be at least 14 days after the day the notice is given.
(3) A failure to give a provider the notice under subsection (1) does not affect the liability of the provider to pay a VSL tuition protection levy.
(4) Subsections (1) and (3) do not apply if the liability to pay the VSL tuition protection levy is waived under section 41A.
Note 1: VSL tuition protection levy is imposed on approved course providers to whom Part 5A of the Act applies under the VET Student Loans (VSL Tuition Protection Levy) Act 2019.
Note 2: Section 49A of the Act requires an approved course provider to pay the VSL tuition protection levy when it is due and payable. Section 36 of the Act enables the Secretary to suspend or revoke a provider if satisfied the provider is not complying with the Act.
(1) Payment of the VSL tuition protection levy is waived for all approved course providers for the calendar year 2020. (2) Payment of the VSL tuition protection levy is waived for all approved course providers for the calendar year 2021. (3) Payment of the VSL tuition protection levy may be waived, if: (a) the provider’s registration as a registered training organisation is cancelled; or (b) the provider is no longer in operation, prior to the time the VSL Tuition Protection Director issues a written notice under subsection 41(1).
The VSL Tuition Protection Director may, at any time after giving an approved course provider the notice mentioned in subsection 41(1), give the provider a written notice (extension notice) that specifies a day that is later than the day specified in the notice issued under subsection 41(1) as the day on which the levy is due and payable. The extension notice has effect, and is taken to have always had effect, according to its terms.
Note: The VSL Tuition Protection Director may give a provider more than one extension notice.
An amount of VSL tuition protection levy that is due and payable by an approved course provider may be recovered by the VSL Tuition Protection Director, on behalf of the Commonwealth, as a debt due to the Commonwealth.
This Division is made for the purposes of paragraph 66A(1)(b) of the Act.
(1) Part 5A of the Act does not apply to a registered training organisation that is: (a) owned by the Commonwealth, a State or a Territory; or (b) established to provide vocational education or training under one of the following: (i) the Technical and Further Education Commission Act 1990 (NSW); (ii) the Education and Training Reform Act 2006 (Vic.); (iii) the TAFE Queensland Act 2013 (Qld); (iv) the Vocational Education and Training Act 1996 (WA); (v) the TAFE SA Act 2012 (SA); (vi) the Training and Workforce Development Act 2013 (Tas.); (vii) the Canberra Institute of Technology Act 1987 (ACT).
Note: Subsection 66A(2) of the VET Student Loans Act 2016 provides that despite subsection 66A(1), sections 66F and 66G apply to all approved course providers. Section 66F deals with provider obligations to provide information about replacement courses and section 66G deals with obligations of providers who provide replacement courses.
This Division is made for the purposes of paragraph 66C(3)(b) of the Act.
(1) The written notice provided to the VSL Tuition Protection Director within 3 business days of the default occurring must specify for each student the provider has defaulted in relation to: (a) whether the student was studying part‑time or full‑time; (b) the mode of delivery of the original course; (c) if the student did not study online, the location where the original course was primarily delivered; (d) whether the student has withdrawn from the course or part of the course and the date of withdrawal; (e) any part of the course for which the student has deferred study, the date of the deferral and the date the student is expected to re‑commence study; (f) the completion status for each part of the course the student has enrolled in, including whether the student’s status is ongoing, passed or failed. (2) The written notice provided to the VSL Tuition Protection Director must specify for each course the provider has defaulted in relation to a student the name and code of each unit of competency as it appears on the National Register for each part of the course.
Note: The National Register is defined in section 4 to have the same meaning as in the National Vocational Education and Training Regulator Act 2011.
This Division is made from the purposes of subsection 66C(5) of the Act
The information required under section 66C of the Act must be given to the VSL Tuition Protection Director in a manner and form approved by the Director.
This Division is made for the purposes of subsection 66D(3) of the Act.
(1) The approved course provider must specify in its written notice of default to students in relation to whom it has defaulted: (a) the name of the course, or part or parts of the course that the student was enrolled in at the time of the default; (b) the date of the default; (c) a website specified by the VSL Tuition Protection Director where the student can get further information about tuition protection. (2) The provider must send the notice: (a) to the student’s personal email address as advised by the student; or (b) to the student’s postal address as advised by the student; or (c) to the student by another method agreed to by the student.
Note: Section 66D of the Act requires an approved course provider to give a student in relation to whom the provider has defaulted, written notice of the default within 24 hours of the default occurring.
This Division is made for the purposes of subsection 66D(3) of the Act.
(1) The approved course provider must specify in its written notice of default to students in relation to whom it has defaulted: (a) the name of the course, or part or parts of the course that the student was enrolled in at the time of the default; (b) the date of the default; (c) a website specified by the VSL Tuition Protection Director where the student can get further information about tuition protection. (2) The provider must send the notice: (a) to the student’s personal email address as advised by the student; or (b) to the student’s postal address as advised by the student; or (c) to the student by another method agreed to by the student.
Note: Section 66D of the Act requires an approved course provider to give a student in relation to whom the provider has defaulted, written notice of the default within 24 hours of the default occurring.
This Division is made for the purposes of subsection 66L(2) of the Act.
(1) If a student accepts an offer of a replacement course, the VSL Tuition Protection Director may make payment of such amounts that the Director considers appropriate to: (a) the replacement provider; or (b) another person in order to facilitate a student’s placement in a replacement course. (2) In deciding whether to make a payment, and the amount of such a payment, the Director: (a) must have regard to the sustainability of the VSL Tuition Protection Fund, and: (b) may have regard to any other matters the Director considers relevant.
This Division is made for the purposes of subsection 66L(2) of the Act.
(1) If a student accepts an offer of a replacement course, the VSL Tuition Protection Director may make payment of such amounts that the Director considers appropriate to: (a) the replacement provider; or (b) another person in order to facilitate a student’s placement in a replacement course. (2) In deciding whether to make a payment, and the amount of such a payment, the Director: (a) must have regard to the sustainability of the VSL Tuition Protection Fund, and: (b) may have regard to any other matters the Director considers relevant.
This Division is made for the purposes of section 48 of the Act.
Note: An approved course provider may be liable for a civil penalty if the provider fails to comply with this Division: see subsection 48(5) of the Act.
An approved course provider must have in place processes and procedures that accord with the other Subdivisions of this Division.
An approved course provider must act in accordance with the processes and procedures it has in place.
An approved course provider must train each officer of the approved course provider on the processes and procedures that the provider has in place and that are relevant to the officer’s duties and responsibilities.
(1) An approved course provider must publish prominently on its website the processes and procedures it has in place. (2) The published processes and procedures must be easily accessible without provision of login information.
(1) An approved course provider’s student entry procedure must specify that a student is academically suited to undertake a particular approved course if: (a) one of the requirements in subsection (2) is met in relation to the student; and (b) the student meets any other specified entry requirements for the course; and
This Division is made for the purposes of section 48 of the Act.
Note: An approved course provider may be liable for a civil penalty if the provider fails to comply with this Division: see subsection 48(5) of the Act.
An approved course provider must have in place processes and procedures that accord with the other Subdivisions of this Division.
An approved course provider must act in accordance with the processes and procedures it has in place.
An approved course provider must train each officer of the approved course provider on the processes and procedures that the provider has in place and that are relevant to the officer’s duties and responsibilities.
(1) An approved course provider must publish prominently on its website the processes and procedures it has in place. (2) The published processes and procedures must be easily accessible without provision of login information.
(1) An approved course provider’s student entry procedure must specify that a student is academically suited to undertake a particular approved course if: (a) one of the requirements in subsection (2) is met in relation to the student; and (b) the student meets any other specified entry requirements for the course; and
An approved course provider’s student entry procedure must specify that the results of assessing a student’s competence in reading and numeracy under the procedure must be reported: (a) to the student as soon as practicable after the assessment; and (b) to the Secretary in the form, manner and by the time requested by the Secretary.
(1) An approved course provider’s student entry procedure must: (a) describe the process (including the tools) for validly and reliably assessing a student’s competence in reading and numeracy against the Australian Core Skills Framework; and (b) specify as a tool to be used as part of that process a tool that is approved by the Secretary under this section and published on the Department’s website; and (c) require that process to be conducted with honesty and integrity. (2) The Secretary may, on application by an approved course provider or a Commonwealth, State or Territory government agency, approve a tool for assessing a student’s competence in reading and numeracy if the Secretary is satisfied that: (a) the tool is a valid, reliable, fair and well‑constructed way of assessing whether that competence is at or above Exit Level 3 in the Australian Core Skills Framework; and (b) the tool has been appropriately verified and evaluated using evidence‑based assessment. (3) In approving a tool under subsection (2), the Secretary must have regard to a document that is published on the Department’s website and sets out: (a) criteria for approval of tools for testing competence in reading and numeracy against the Australian Core Skills Framework; and (b) measures for quality assurance of such tools.
Note: A person or body verifying and evaluating a tool as described in paragraph (2)(b) will also need to have regard to this document.
(4) The Secretary must, as soon as practicable after making a decision under subsection 82(2), give the applicant written notice of the decision. (5) The following are taken to have been approved under subsection (2) of this section: (a) Core Skills Profile for Adults as mentioned in subparagraph 38(1)(b)(i) of the Higher Education Support (VET) Guideline 2015; (b) a tool for assessing a student’s competence in reading and numeracy that is approved under subsection 38(2) of the Higher Education Support (VET) Guideline 2015.
(1) If the Secretary decides not to approve a tool for assessing a student’s competence in reading and numeracy, the notice to the applicant must set out: (a) the reasons for the decision; and (b) a statement that the applicant may apply to have the decision reviewed: (i) if the reviewable decision was made by a delegate of the Secretary—by the Secretary; or (ii) if the reviewable decision was made by the Secretary personally—by the Administrative Appeals Tribunal. (2) If the decision (the original decision) was made by a delegate of the Secretary, the application to the Secretary must be made: (a) in a form approved by the Secretary; and (b) within 30 days after the day on which the written notice of the original decision was given to the applicant, or within such further period as the Secretary allows. (3) The Secretary must: (a) review the original decision; and (b) affirm, vary or revoke the original decision; and (c) if the Secretary revokes the original decision—make such other decision as the Secretary thinks appropriate. (4) The review must be done by: (a) a delegate of the Secretary who holds a position that is higher than the position held by the delegate who made the original decision; or (b) the Secretary personally. (5) The decision on review of the original decision has effect as if it were made under subsection 82(2). (6) The Secretary must, within 30 days after the decision on review is made, give a written notice to the applicant that includes: (a) details of the decision on review; and (b) the reasons for the decision on review; and (c) a statement that the applicant may apply to have the decision on review reviewed by the Administrative Appeals Tribunal. (7) Applications may be made to the Administrative Appeals Tribunal for review of: (a) decisions on review made under subsection (3); or (b) original decisions made by the Secretary personally.
(1) An approved course provider’s processes and procedures must provide for equal and fair treatment of all students seeking to enrol in an approved course. (2) An approved course provider must have open, fair and transparent procedures that the provider reasonably believes are based on merit for making decisions about: (a) the selection of students seeking to enrol in approved courses; and (b) the treatment of such students. This does not limit subsection (1). (3) Subsection (2) does not prevent the procedures from allowing the approved course provider to take into account that a student may be enrolled in an approved course in accordance with an arrangement that: (a) was entered into between the provider and an employer or industry body; and (b) limits or restricts enrolments in some or all of the places in the course
(1) An approved course provider must have processes and procedures relating to the collection and verification of information for the purposes of, or in relation to, applications by students for VET student loans. (2) The processes and procedures must require the collection and verification of the following information and documents relating to a student applying for a VET student loan: (a) information about the student’s identity and date of birth; (b) if the student is under 18, information that: (i) one of the signatories to the application is a responsible parent of the student; or (ii) the student has received youth allowance (within the meaning of the Social Security Act 1991) on the basis that the student is independent (within the meaning of Part 2.11 of that Act); (c) information and documents to establish that the student meets the requirements of section 11 of the Act; (d) if the student has applied for, but not been issued with, a tax file number—a certificate from the Commissioner that the student has applied for a tax file number.
(1) An approved course provider’s processes and procedures must include: (a) procedures for a student to withdraw from an approved course, or a part of an approved course; and (b) a procedure for a student to enrol in a part of an approved course with the provider in circumstances where the student had earlier withdrawn from a part of the course undertaken with the provider. (2) The procedures for a student to withdraw from an approved course, or a part of an approved course, before a census day for the course, or the part of the course, must not involve financial, administrative or other barriers to the withdrawal. (3) If a student withdraws from an approved course, or a part of an approved course, the course provider must not, after the withdrawal, enrol the student in an approved course or a part of an approved course without the written permission of the student (which must be given after the withdrawal).
(1) An approved course provider’s processes and procedures must include processes and procedures for the provider to cancel a student’s enrolment in an approved course, or a part of an approved course, after the census day for the course. (2) The processes and procedures for cancelling a student’s enrolment must: (a) require the provider to inform the student concerned of a proposed cancellation; and (b) provide the student with at least 28 days to initiate grievance procedures before the cancellation takes final effect; and (c) provide for the cancellation to take final effect only after any grievance procedures initiated by the student have been completed; and (d) set out the circumstances in which fees for the course, or the part of the course, concerned will, or will not be, refunded.
(1) An approved course provider must have a grievance procedure to deal with complaints from its students about: (a) academic matters (including matters relating to student progress, assessment, curriculum and awards for an approved course); and (b) non‑academic matters (including matters relating to enrolment in a course and personal information held by the provider). (2) The grievance procedure must: (a) clearly set out the stages of the procedure; and (b) encourage the timely resolution of complaints, including by specifying reasonable periods for dealing with each stage of the procedure; and (c) contain the internal and external stages referred to in subsections (3) and (4); and (d) clearly provide that there is no charge for either the internal stage or the external stage; and (e) provide for implementation of decisions made in following the grievance procedure; and (f) provide for due consideration of recommendations arising from the external stage of the grievance procedure; and (g) require the provider to allow parties who have used the procedure to access the records of that use, but otherwise keep the records confidential. (3) The internal stage of the grievance procedure must include: (a) a process for the lodging and hearing of a formal complaint; and (b) a requirement for the complainant to be given written notice of a decision on the formal complaint, including: (i) the reasons for the decision; and (ii) advice about how to appeal the decision; and (c) a process for appealing the decision to an independent senior officer of the approved course provider, or to an internal committee or unit with appropriate expertise; and (d) a requirement for the appellant to be given written notice of the decision on appeal, including: (i) the reasons for the decision; and (ii) advice about how to have the decision reviewed; and (e) provision for each party to this stage of the procedure to be accompanied or assisted by another person, at that party’s cost. (4) The external stage of the grievance procedure must include: (a) a process for having a decision on appeal reviewed by an external and independent person or body with appropriate expertise; and (b) provision for each party to the review to be accompanied or assisted by another person at the review, at that party’s cost; and (c) a requirement for each party to be given written notice of the decision on review, include the reasons for the decision.
(1) An approved course provider must have processes and procedures for explaining the re‑crediting of students’ HELP balances under Division 2 or 3 of Part 6 of the Act. (2) The processes and procedures must explain the following: (a) that a student’s HELP balance can be re‑credited under Division 2 or 3 of Part 6 of the Act; (b) that a student may apply to the provider for the student’s HELP balance to be re‑credited under section 68 of the Act because of special circumstances; (c) that a student may apply to the Secretary for the student’s HELP balance to be re‑credited under section 71 of the Act because: (i) the provider, or a person acting on the provider’s behalf, engaged in unacceptable conduct in relation to the student’s application for the VET student loan; or (ii) the provider has failed to comply with the Act or an instrument under the Act and the failure has adversely affected the student; (d) that special circumstances are circumstances that: (i) are beyond the student’s control; and (ii) do not make their full impact on the student until on or after the census day for a course, or the part of a course; and (iii) make it impracticable for the student to complete the requirements for the course, or the part of the course, during the student’s enrolment in the course, or the part of the course; (e) that applications for re‑crediting under section 68 of the Act must be made within 12 months after the census day for the course, or the part of the course, concerned, or within that period as extended by the provider; (f) that applications for re‑crediting under section 71 of the Act must be made within 5 years after the census day for the course, or the part of the course, concerned, or within that period as extended by the Secretary; (g) the processes available to students in relation to reconsideration and review of decisions whether or not to re‑credit HELP balances; (h) that there is no charge for reconsideration or review of decisions, other than review by the Administrative Appeals Tribunal; (i) that the Secretary may re‑credit a student’s HELP balance in relation to special circumstances if a course provider: (i) is unable to act or is being wound up or has been dissolved; or (ii) has failed to act and the Secretary is satisfied that the failure is unreasonable.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the VET Student Loans Rules 2016.
This instrument is made under the VET Student Loans Act 2016.
In this instrument:
accounting standard has the same meaning as in the Corporations Act 2001.
Act means the VET Student Loans Act 2016.
ADI means an authorised deposit‑taking institution within the meaning of the Banking Act 1959.
approved course provider charge has the same meaning as in the VET Student Loans (Charges) Act 2016.
Australian Quality Training Framework has the same meaning as in the Higher Education Support Act 2003.
consolidated entity has the same meaning as in the Corporations Act 2001.
financially viable has a meaning affected by subsection 23(3).
HELP debt has the same meaning as in the Higher Education Support Act 2003.
higher education provider has the same meaning as in the Higher Education Support Act 2003.
key personnel of a course provider – see section 16.
listed course provider has the same meaning as in section 27 of the Act.
National Register has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
NVR registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
PPSA retention of title property has the same meaning as in the Corporations Act 2001.
provider: see section 13.
qualified accountant has the same meaning as in the Corporations Act 2001.
qualified auditor means:
Lay out detailed provider suitability and fit-and-proper-person criteria the Secretary may consider when approving or supervising providers. These include financial tests (solvency, profitability, cashflow indicators), governance and management requirements, non-payment of dividends beyond profit, limits on related-party transactions, insurance, experience and course offering minimums, completion-rate and student‑satisfaction benchmarks, and workplace‑relevance links (see sections 22–35 and 23–35 in particular).
Create an extensive compliance, reporting and transparency regime for approved course providers. Providers must publish processes and procedures, collect and retain student and marketing records, run entry and grievance procedures, inform students in prescribed ways (VET student loan fee notice and Commonwealth assistance notice), and keep financial statements and annual reports to the Secretary. The instrument sets retention periods and exact content and timing for notices (see Parts 7 and Division 3 of Part 7; sections 76–116; sections 98–105).
Regulate tuition fee mechanics: what providers can and cannot include in tuition fees, how fees must be apportioned across fee periods (minimum 3 fee periods, proportionate spreading), rules for varying or publishing fees, and requirements for statements of covered fees and census days (see Division 6—sections 117–129 and Division 7—sections 130–134).
Regulate marketing and recruitment: what inducements are permitted, how third‑party contact lists may be used (express consent rules), and mandatory information in marketing that mentions VET student loans; separate restriction on promoting loans through social media (see Division 8—sections 135–143).
Create tuition‑protection mechanics and a VSL tuition protection levy framework (Part 6). It sets notice, waiver and recovery mechanisms for the levy, and the information/process flow if a provider defaults so students can be offered replacement courses (see sections 40–53, 91–53). Notably it includes a waiver of the tuition protection levy for calendar years 2020 and 2021 in section 41A.
Set rules for re‑crediting students’ HELP balances when things go wrong: criteria providers must consider for special circumstances (Division 1, Part 8—sections 144–147) and what the Secretary considers unacceptable conduct for re‑crediting by the Secretary (Division 2—section 148), plus application requirements (section 149).
Set administrative and technical requirements for electronic communications, secure systems, identification, and signatures (Part 9, Division 1—sections 150–154).
Fix caps and financial recovery mechanisms: e.g. a historical cap on total loan approvals for 2017–2019 (section 155) and processes for collecting an approved course provider charge including when due, penalties and recovery (sections 156–161).
Why it matters (policy mechanics and incentives)
Who pays and who decides: The Rules shift a large part of operational discretion and compliance burden to approved course providers, while giving the Secretary substantial discretion on approval, benchmarking (completion rates, approved tools), and waivers (see e.g. sections 23, 82, 41A, 160). Providers pay levies or charges (where imposed) and must meet reporting and governance tests; students take on VETSL debts unless re‑credited under narrow conditions.
Costs and incentives: Providers face increased compliance costs (detailed processes, audits, annual financial statements, record retention, website publication of procedures and fees) and limits on some commercial practices (eg. no commission to staff tied to recruitment—section 28; limits on related‑party transactions—section 24). Those requirements are intended to reduce supplier misconduct and over‑recruitment, but they raise administrative and governance costs (sections 76–116). The Secretary’s powers to set benchmarks and approve tools creates regulatory gatekeeping and ongoing compliance signalling (sections 33, 82).
Concentrated benefits, diffuse costs: Rules that tighten provider eligibility and require disclosures primarily affect providers (concentrated group) and government administration; costs are spread to providers and, indirectly, may influence course pricing, market entry, and the supply of VET places. Students gain stronger information rights and protections (detailed fee notices, refund/withdrawal rules) but also bear the primary financial liability for VETSL debt unless they qualify for re‑crediting (sections 98–100, 128–129, Part 8).
Trade‑offs and enforcement risk: The instrument relies on a mix of prescriptive rules (many mandatory notices and procedural requirements) and discretionary administrative decisions (Secretary may "have regard to" many matters, may waive levies, set benchmarks, approve assessment tools). That hybrid model gives regulators flexibility to respond to emerging problems but creates operational risk: providers must interpret standards and anticipate discretionary enforcement (eg. sections 14–20; 82; 41A).
Temporary and time‑specific measures: The Rules include time‑bound adjustments that altered the scheme’s scope in practice, for example the 100% VETSL debt rule for course parts with census dates between 1 April 2020 and 30 June 2021 (section 12(2)) and the waiver of the VSL tuition protection levy for 2020 and 2021 (section 41A). Those are implementation‑level responses (see also Part 6).
Implementation and compliance risks
High compliance burden for providers: frequent reporting, audited financials, retention of records for five years, public publication duties (sections 105, 113, 79, 127). Smaller providers will face proportionally larger administrative costs.
Significant Secretary discretion: many approvals, benchmarks and tool‑approvals depend on Secretary decisions which create legal uncertainty and review pathways (eg. tool approval review—section 83).
Behavioural responses: providers may alter recruitment, course design, fee structures or exit the scheme to manage levy/charge exposure and reporting costs; marketing rules may constrain channels used to recruit students (sections 136, 138, 142–143).
Recovery levers: the Secretary and VSL Tuition Protection Director have recoveries and debt offset powers (sections 43; 161). Where a provider is non‑compliant, repayments originally payable to providers can be diverted to meet Commonwealth debts.
Key sections to look at for operational detail
(References are to the section numbers in the instrument as provided.)
(a) the Auditor‑General of a State or Territory; or
(b) a registered company auditor (within the meaning of section 9 of the Corporations Act 2001); or
(c) a person approved by the Secretary in writing.
Quality Standards has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
registered higher education provider has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.
registration code has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
related body corporate has the same meaning as in the Corporations Act 2001.
related party means:
(a) An entity which is:
(i) a holding company of a provider; or
(ii) a subsidiary of a provider; or
(iii) a subsidiary of a holding company of a provider; or
(b) A person or entity related to key personnel of a provider which is:
(i) a spouse or child of key personnel; or
(ii) a child of the key personnel’s spouse; or
(iii) a dependant of the key personnel or of the key personnel’s spouse; or
(iv) anyone else who is one of the key personnel’s family and may be expected to influence the key personnel, or be influenced by the key personnel, in the key personnel’s dealings with the entity; or
(v) a company that is controlled by key personnel of the provider or a person listed in subparagraphs (i), (ii), (iii) or (iv), with control having the same meaning as in section 50AA of the Corporations Act 2001.
replacement provider means an approved course provider who provides a replacement course.
Special admissions test means a test to determine the suitability of a person seeking admission into a specialist approved course that is necessary to establish the suitability of the person for admission into that approved course, and includes specialist auditions, tests and interviews that are different from the normal requirements for admissions.
Standards for NVR Registered Training Organisations has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
State or Territory subsidised course: see subsection 7(2).
Student Identifiers Registrar has the same meaning as in the Student Identifiers Act 2014.
transaction means a transaction between the provider and its key personnel or related parties, for example:
(a) a conveyance, transfer or other disposition of property; and
(b) a security interest granted in property (including a security interest in an entity’s PPSA retention of title property); and
(c) a guarantee; and
(d) a payment; and
(e) an obligation; and
(f) a release or waiver; and
(g) a loan;
and includes such a transaction that has been completed or given effect to, or that has terminated.
VET Provider has the same meaning as in the Higher Education Support Act 2003.
VET student loans cap: see subsection 39(2).
(1) This section is made for the purposes of the definition of genuine student in section 6 of the Act. (2) The following may be taken into account for the purposes of determining whether a student is a genuine student in relation to a course: (a) the student is reasonably engaged in the course; (b) the student has knowledge of the course requirements for the course, and the cost and duration of the course; (c) the student has satisfied course requirements for the course or participated in assessment activities for the course; (d) if the course is an online course—the number of occasions on which the student has logged in to the course is not insignificant; (e) the student has provided up‑to‑date contact details that enable the Department to contact the student to verify the student’s enrolment in the course; (f) if the student is enrolled in another course—the number of the enrolments and associated course loads would not make successful completion of a course by the student impossible or highly improbable; (g) when required to do so, the student has communicated his or her agreement for the Secretary to continue to use the VET student loan to pay tuition fees for the course.
This Division is made for the purposes of paragraph 14(2)(b) of the Act.
(1) If the course provider receives funding from a State or Territory for enrolments in the course, the course must lead to a qualification of diploma or advanced diploma in the Australian Qualifications Framework. (2) If the course meets the requirements set out in subsection (1), the course is a State or Territory subsidised course.
The course must not include content or activities that do not contribute to achieving the qualification concerned.
This Division is made for the purposes of paragraph 14(2)(b) of the Act.
(1) If the course provider receives funding from a State or Territory for enrolments in the course, the course must lead to a qualification of diploma or advanced diploma in the Australian Qualifications Framework. (2) If the course meets the requirements set out in subsection (1), the course is a State or Territory subsidised course.
The course must not include content or activities that do not contribute to achieving the qualification concerned.
This Division is made for the purposes of paragraph 14(2)(b) of the Act.
(1) If the course provider receives funding from a State or Territory for enrolments in the course, the course must lead to a qualification of diploma or advanced diploma in the Australian Qualifications Framework. (2) If the course meets the requirements set out in subsection (1), the course is a State or Territory subsidised course.
The course must not include content or activities that do not contribute to achieving the qualification concerned.
This Division is made for the purposes of paragraphs 17(2)(b) and (c) of the Act.
(1) The application must not be made before the end of the period of 2 business days after the student enrols in the course. (2) The application must be made on or before the census day for the course, or the part of the course. (3) The application must be signed by the student.
Note 1: Most applications made by students under 18 years of age will also have to be signed by a responsible parent: see subsection 17(3) of the Act.
Note 2: An application made by electronic communication will be treated as having been signed by the student if certain requirements are met: see section 152 of this instrument.
This Division is made for the purposes of paragraphs 17(2)(b) and (c) of the Act.
(1) The application must not be made before the end of the period of 2 business days after the student enrols in the course. (2) The application must be made on or before the census day for the course, or the part of the course. (3) The application must be signed by the student.
Note 1: Most applications made by students under 18 years of age will also have to be signed by a responsible parent: see subsection 17(3) of the Act.
Note 2: An application made by electronic communication will be treated as having been signed by the student if certain requirements are met: see section 152 of this instrument.
This Division is made for the purposes of paragraph 23BA(2)(b) of the Act.
(1) If the course to which the VETSL debt relates is a State or Territory subsidised course, the percentage for the person is 100% of the loan amount. (2) If the part of the course to which the VETSL debt relates has a census date between 1 April 2020 and 30 June 2021, the percentage for the person is 100% of the loan amount.
This Division is made for the purposes of paragraph 23BA(2)(b) of the Act.
(1) If the course to which the VETSL debt relates is a State or Territory subsidised course, the percentage for the person is 100% of the loan amount. (2) If the part of the course to which the VETSL debt relates has a census date between 1 April 2020 and 30 June 2021, the percentage for the person is 100% of the loan amount.
This Division is made for the purposes of paragraph 23BA(2)(b) of the Act.
(1) If the course to which the VETSL debt relates is a State or Territory subsidised course, the percentage for the person is 100% of the loan amount. (2) If the part of the course to which the VETSL debt relates has a census date between 1 April 2020 and 30 June 2021, the percentage for the person is 100% of the loan amount.
This Division sets out matters relating to the notices that must be given to the Commissioner under section 23ED of the Act.
(1) A notice under subsection 23ED(1) of the Act relating to a person leaving Australia must contain: (a) the person’s name; and (b) the person’s date of birth; and (c) the person’s intended country of residence; and (d) the person’s contact details, including email address and telephone number. (2) For the purposes of paragraph 23ED(1)(b) of the Act, a person is not required to give a notice under subsection 23ED(1) of the Act relating to the person leaving Australia if: (a) the person gave a notice under that subsection in relation to a previous departure from Australia; and (b) since giving that notice, the person has not been an Australian resident.
A notice under subsection 23ED(2) of the Act relating to a person being outside Australia must contain: (a) the person’s name; and (b) the person’s date of birth; and (c) the person’s country of residence; and (d) the person’s contact details, including email address and telephone number.
(1) A notice under subsection 23ED(3) of the Act relating to a person’s income for an income year must contain: (a) the person’s name; and (b) the person’s date of birth; and (c) the person’s country of residence; and (d) the person’s occupation; and (e) the amount of the person’s income (including foreign‑sourced income) for the income year; and (f) the method used to work out that foreign‑sourced income; and (g) if the overseas assessed method was used—the person’s identification number used for tax purposes by the taxation authority of a foreign country that made the assessment of the person’s income.
Note: The Overseas Debtors Repayment Guidelines provides for how to work out a person’s foreign‑sourced income for an income year, including the overseas assessed method. It also provides how to convert a person’s foreign‑sourced income into Australian currency.
(2) However, paragraphs (1)(d) to (g) do not apply if: (a) the person’s income (including foreign‑sourced income) for the income year does not exceed 25% of the minimum repayment income for the income year; and (b) the notice includes a declaration to that effect.
Note: Minimum repayment income is defined in section 6 of the Act.
This Part does not affect the Commissioner’s power under section 388‑50 in Schedule 1 to the Taxation Administration Act 1953 to require additional content to be included in the approved form of a notice under section 23ED of the Act.
This Division sets out matters relating to the notices that must be given to the Commissioner under section 23ED of the Act.
(1) A notice under subsection 23ED(1) of the Act relating to a person leaving Australia must contain: (a) the person’s name; and (b) the person’s date of birth; and (c) the person’s intended country of residence; and (d) the person’s contact details, including email address and telephone number. (2) For the purposes of paragraph 23ED(1)(b) of the Act, a person is not required to give a notice under subsection 23ED(1) of the Act relating to the person leaving Australia if: (a) the person gave a notice under that subsection in relation to a previous departure from Australia; and (b) since giving that notice, the person has not been an Australian resident.
A notice under subsection 23ED(2) of the Act relating to a person being outside Australia must contain: (a) the person’s name; and (b) the person’s date of birth; and (c) the person’s country of residence; and (d) the person’s contact details, including email address and telephone number.
(1) A notice under subsection 23ED(3) of the Act relating to a person’s income for
This is an opening excerpt, not the complete document.