(c) the provider believes on reasonable grounds that the student is academically suited to undertake the course.
Note: The other specified entry requirements could include any prior education qualifications the provider considers are needed for a student to be academically suited to undertake the course.
(2) For the purposes of paragraph (1)(a), the requirements are that:
(a) the provider obtains a copy of a Senior Secondary Certificate of Education that has been awarded to the student by an agency or authority of a State or Territory for the student’s completion of year 12; or
(aa) the provider obtains a copy of a diploma that has been awarded to the student for the student’s completion of the International Baccalaureate Diploma Programme; or
(b) both:
(i) the student is assessed as displaying competence at or above Exit Level 3 in the Australian Core Skills Framework in both reading and numeracy using an assessment tool approved under section 82; and
(ii) the provider reasonably believes that the student displays that competence; or
(c) both:
(i) the provider obtains a copy of a certificate (however described) that the student has been awarded a qualification, either:
A. at level 4 or above in the Australian Qualifications Framework or at a level in a framework that preceded the Australian Qualifications Framework that is equivalent to level 4 or above in the Australian Qualifications Framework; or
B. that has been assessed by a Federal, State or Territory government agency which assesses overseas qualifications (or an organisation contracted by such an agency to undertake such assessments) as equivalent or comparable to a qualification referred to in sub‑subparagraph (2)(c)(i)(A).
(ii) the course for the qualification was delivered in English.
81 Results of assessments of competence in reading and numeracy for the purposes of paragraph 80(2)(b)
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.
82 Assessment of competence in reading and numeracy for the purposes of paragraph 80(2)(b)
(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.
83 Review of Secretary’s decision
(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.
Subdivision C—Course enrolment
84 Equal and fair treatment of students seeking to enrol
(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
Subdivision D—Information relating to applications for VET student loans
85 Processes and procedures for information relating to applications for VET student loans
(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.
Subdivision E—Withdrawal from courses and cancellation of enrolment
86 Processes and procedures for student to withdraw from approved course
(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).
87 Processes and procedures for cancellation of enrolment
(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.
Subdivision F—Dealing with complaints
88 Grievance procedure
(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.
Subdivision G—Re‑crediting HELP balances
89 Explaining re‑crediting
(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.
Subdivision H—Treatment of students seeking review etc.
90 No victimisation or discrimination of students for seeking review etc.
An approved course provider’s processes and procedures must ensure that a student is not victimised or discriminated against for:
(a) seeking review or reconsideration of a decision; or
(b) using the provider’s processes or procedures about dealing with grievances; or
(c) making an application for re‑crediting of the student’s HELP balance under Division 2 or 3 of Part 6 of the Act.
Subdivision J—Tuition protection
91 Action when provider defaults in relation to a student
An approved course provider must have a procedure to ensure that the provider performs the following actions after the provider defaults in relation to a student:
(a) within 24 hours of the default occurring:
(i) notify students enrolled in the course, in writing, that the course is no longer being provided, and;
(ii) give written notice to the VSL Tuition Protection Director of the circumstances of the default;
(b) as soon as practicable, update the provider’s website to reflect that the course is no longer being provided and to give tuition protection information;
(c) within 3 business days of the default occurring, give the VSL Tuition Protection Director the information required under subsection 66C(3) of the Act
Note: Section 66B of the VET Student Loans Act 2016 describes when an approved course provider defaults in relation to a student.
92 Procedures as a replacement provider
An approved course provider must have a procedure to ensure that if a student accepts an offer of a place in a replacement course:
(a) the student is granted course credits for parts of the original course successfully completed by the student, as evidenced by:
(i) a statement of attainment or other Australian Qualifications Framework certification documentation issued in accordance with the Australian Qualification Framework; or
(ii) an authenticated VET transcript prepared by the Registrar (within the meaning of the Student Identifiers Act 2014);
(b) the student is not charged tuition fees for a replacement component of the replacement course – if tuition fees have been paid for the affected part of the original course;
(c) the student is enrolled in the replacement course as soon as practicable; and
(d) the VSL Tuition Protection Director is given written notice of the acceptance within 14 days of the acceptance.
Note: The procedure an approved course provider must have for the purposes of section 92 reflects obligations on approved course providers under section 66G of the VET Student Loans Act 2016.
Subdivision K—Fees
93 Fees other than tuition fees
(1) An approved course provider must not charge fees other than tuition fees unless the provider has processes and procedures for ensuring that students understand the following:
(a) that the fees are not for tuition;
(b) the purpose of the fees;
(c) the student’s total liability for the fees;
(d) when and how the fees are to be paid.
(2) Subject to subsection (3), an approved course provider’s processes and procedures in relation to fees other than tuition fees must not require fees to be paid for the following:
(a) assessments to determine whether a student is academically suited to undertake a course;
(b) applying for enrolment, or enrolling in, an approved course.
(3) An approved course provider’s processes and procedures in relation to fees other than tuition fees may allow fees to be paid for a Special admissions test.
Subdivision L—Handling information
94 Handling information
(1) An approved course provider must have processes and procedures for handling information.
(2) The processes and procedures must:
(a) provide for the management of students’ personal information in accordance with the Australian Privacy Principles; and
(b) provide for students to access their personal information; and
(c) provide for students to have incorrect personal information corrected; and
(d) provide accurate information about the use and disclosure of personal information collected by the provider, including that the information may be disclosed to the Commonwealth and the VSL Tuition Protection Director.