148Unacceptable conduct relating to an application for a VET student loan

148 Unacceptable conduct relating to an application for a VET student loan

(1) For the purposes of subsection 71(2) of the Act, the following is unacceptable conduct in relation to an application for a VET student loan for an approved course provided, or to be provided, by an approved course provider: (a) unconscionable conduct (whether or not a particular individual is identified as having been disadvantaged by the conduct); (b) misleading or deceptive conduct; (c) the making of a representation with respect to any future matter, such as the doing of, or the refusing to do, any act, if the maker of the representation does not have reasonable grounds for making the representation; (d) advertising tuition fees for the course where there are reasonable grounds for believing that the provider will not be able to provide the course for those fees; (e) use of physical force, or harassment or coercion, in connection with the application or enrolment in the course. (2) Paragraphs (1)(a), (b), (c), (d) and (e) do not limit one another. (3) In deciding for the purposes of paragraph (1)(a) whether conduct is unconscionable, the Secretary may have regard to the following: (a) the relative strengths of the bargaining positions of the persons concerned; (b) whether the student was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of another person; (c) whether the student was able to understand any documents related to the application for the VET student loan; (d) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, the student or a person acting on behalf of the student; (e) whether the provider, or person acting on the provider’s behalf, failed to disclose anything to the student; (f) the extent to which the provider, or person acting on the provider’s behalf, acted in good faith.