Part 9General provisions

Part 9—General provisions

Division 1—Electronic communication

150 Purpose of this Division

This Division is made for the purposes of subsection 102(1) 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 102(2) of the Act.

151 Electronic communication—identification requirements

(1) If a student is required or permitted to sign an electronic communication to an approved course provider, the provider must have in place a method the student can use to identify himself or herself in the communication and to indicate his or her approval of the information communicated. (2) If an approved course provider has such a method in place, a student who uses the method in a communication to the provider is taken to have signed the communication, and indicated his or her approval of the information communicated. (3) Without limiting subsection (1), the method may involve the student using a student identification number issued by the provider. (4) If the provider puts in place a method that uses student identification numbers, the provider must: (a) verify the identity of each student to whom a student identification number is to be issued; and (b) take all reasonable precautions to ensure that there is no unauthorised access to, or use of, a student identification number issued by the provider; and (c) ensure that each student to whom a student identification number is issued is advised that the student is personally responsible for protecting the student identification number.

152 Electronic communication between students and the Commonwealth

The Secretary must treat an application by a student for a VET student loan made by electronic communication as having been signed by the student if the communication contains: (a) the student’s student identifier; and (b) the student’s tax file number (or certificate from the Commissioner stating that the student has applied for a tax file number); and (c) an acknowledgement by the student that he or she has read and understood the application; and (d) a confirmation by the student of the accuracy of the information in the application.

153 Electronic communication between students and approved course providers

(1) If a student is required or permitted to give information or a document to an approved course provider by way of fax, email, web‑based communication or any other form of electronic communication specified by the provider, the provider must ensure that the information technology system to be used for giving the information or document is: (a) accessible, in the sense that the provider has: (i) informed the student that the information or document is to be given using the system; and (ii) authorised the student to use the system; and (b) secure, so that the student’s information or document can be accessed only by persons authorised by the student; and (c) able to store the information or document so that it is readily accessible by the student; and (d) accessible in respect of applications for VET student loans; and (e) for a student who makes such an application electronically: (i) accessible by the student using a student identifier; and (ii) able to automatically generate a date field on the request; and (f) able to generate printable receipts for the student. (2) If an approved course provider is required or permitted to give information or a document to a student by way of fax, email, web‑based communication or any other form of electronic communication specified by the provider, the provider must ensure that: (a) the student is directly informed that the information or document will be communicated by electronic means; and (b) the student is authorised to use an information system for receiving, storing or otherwise processing the information or document; and (c) the information system stores the information or document sent to the student so that it is readily accessible by the student.