Division 7Census days

Division 7—Census days

Subdivision A—Purpose of this division

130 Purpose of this Division

This Division is made for the purposes of section 58 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 subsections 58(6) and (7) of the Act.

Subdivision B—Determining census days

131 Determining census days

An approved course provider offering an approved course for a particular period must determine census days for the course so that: (a) there are at least 3 census days for the course; and (b) each census day for a part of the course is at least 20% of the way through the period: (i) starting when that part of the course starts to be provided; and (ii) ending on the day a student would reasonably be expected to complete that part of the course.

132 Publishing determination of census days

(1) An approved course provider must publish the census days determined for a course, or a part of a course, before the earliest day for enrolment in the course or part. (2) An approved course provider must publish prominently on its website the census days the provider determines, so that the census days are easily accessible without provision of login information.

Subdivision C—Varying census days

133 Varying census days

(1) An approved course provider may vary a census day determined for a course, or a part of a course, if: (a) the Secretary has given the provider written approval of the proposed variation; or (b) the variation: (i) occurs before the census day; and (ii) does not disadvantage a student enrolled in, or seeking to enrol in the course, or the part of the course; and (iii) is necessary to correct an administrative error or to deal with a change in circumstances. (2) A student enrolled in, or seeking to enrol in a course, or a part of a course, is taken for the purposes of subparagraph (1)(b)(ii) to be disadvantaged by a variation that makes a census day for the course, or the part of the course, earlier. This does not limit that subparagraph. (3) Subsection (1) does not apply in relation to a course offered under 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.

134 Publishing variation of census days

(1) If an approved course provider varies a census day for an approved course, or a part of an approved course, the provider must as soon as practicable publish the census day as varied. (2) The approved course provider must publish prominently on its website the census day as varied, so that the day is easily accessible without provision of login information.