Vocational Education and Training (Colleges) Regulations 1996 (Western Australia)

These regulations set out how public vocational education and training colleges in Western Australia classify courses, charge fees, manage enrolment, administer concessions, process refunds and operate certain administrative functions. Mechanically, the instrument assigns responsibility and discretion across four institutional actors: the chief executive of the department (chief executive), the Minister, each college’s governing council, and college officers (managing director and an Admissions Manager). Key mechanical features include:

Annual course classification by the chief executive, with categories 1-6 and the ability to specify different categories for different classes of persons (reg 4(1), (2), (2A), (3A), (3B)). The instrument must be issued to all colleges not later than the beginning of each calendar year (reg 4(1)).
A unit‑based fee model for units commenced in 2021-2026, where the fee for a student commencing a unit is the per‑hour unit fee in Schedule 1 multiplied by the unit’s nominal hours; multiple units are the sum of unit fees (reg 11(1)). Nominal hours are those set in the course accreditation application, or approved by the Minister for listed units, and must be publicly notified by the chief executive (reg 3AA(1)-(2)).
Annual caps on course fees per student for specified qualifications and for category 5 courses, and lower caps for concessional/youth students and certain secondary school students (reg 12(4)-(7)).
Specific concessions and eligibility rules identifying who is entitled to concessional rates (Health Care Card holders, Pensioner Concession Card holders, certain youth and program participants, inmates, dependents and secondary school‑aged persons) and placing the onus on the claimant to satisfy the governing council (reg 20(2)-(3)).

CrestWestern Australia

Vocational Education and Training Act 1996

Vocational Education and Training (Colleges) Regulations 1996

Western Australia

Vocational Education and Training (Colleges) Regulations 1996

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

3AA. Nominal hours 3

Part 2A — Management of colleges

3A. Period prescribed for strategic plans (Act s. 43(1)) 4

Part 2 — Classification and reclassification of courses

Classification of courses 5

4A. Reclassification of courses 7

Part 3 — Selection and fees

Division 1 — Selection for certain courses, and fees

Term used: Admissions Manager 9
Application of this Division 9
Admissions Manager, designation and functions of 10
Application for selection for course at college 10
Late applications 10
Assessing applicant on basis of experience, fee for 10

Division 2 — Course fees

Course fees for 2021 to 2026: Sch. 1 11
Annual course fee caps 11
Courses exempt from course fees 13
Students in State care 13

15A. Course fees for overseas students 14

Division 3 — Other fees

Colleges may determine other fees 16

16A. Fee for service 17

Part 4 — Enrolment

Enrolment as student at college 18
When enrolment at college may be refused or cancelled 18

Part 5 — Fee concessions, exemptions and refunds

Division 1 — Concessional rates of fees

Persons entitled to concessional rate of course fee 20
Concessional rate for concession‑eligible course where there is financial hardship 21

Division 2 — Payment by instalment and exemption for severe financial hardship

Payment of certain fees by instalments 22
Exemption from fees if severe financial hardship 23

Division 3 — Refund of fees

24A. Terms used 23

24B. Withdrawing from course or unit, manner of 24

Refund of fees on cancellation etc. of course or unit 24
Full refund of certain fees if withdrawal within allowed period 25
Pro rata refund of fees if withdrawal after allowed period 25

Part 6 — Common seals of colleges

Form 27
Custody 27
Use 27
Attestation 27
Seal book 27

Part 7 — Transitional provision

Transitional provision for Vocational Education and Training (Colleges) Amendment Regulations 2020 28

Schedule 1 — Fees

Notes

Compilation table 31

Other notes 35

Defined terms

Vocational Education and Training Act 1996

Vocational Education and Training (Colleges) Regulations 1996

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Vocational Education and Training (Colleges) Regulations 1996.

[Regulation 1 amended: Gazette 22 May 2009 p. 1693.]

2. Commencement

These regulations come into operation on the day on which Part 5 of the Act comes into operation.

3. Terms used

(1) In these regulations, unless the contrary intention appears —

category, in relation to a course and a person, means the category into which the course is classified for the person under regulation 4;

concessional or youth student means a person who —

(a) is a concessional student; or

(b) has reached 15 years of age but has not reached the end of the calendar year in which they reached 25 years of age;

concessional student means a person who is, under regulation 20(2) or 21, entitled to the concessional rate of course fee;

concession‑eligible course, in relation to a person, means —

(a) a category 1 course in relation to the person if it is specified under regulation 4(3B) that the course is eligible for course fee concessions or exemptions; or

(b) a category 2, 3 or 5 course in relation to the person;

course means a VET course;

course fee, in relation to a person, means the fee to be paid under regulation 17 by the person when enrolling as a student at a college;

existing worker trainee means a person who —

(a) is undertaking training; and

(b) is a party to a training contract as defined in section 60A of the Act; and

hours for a unit of a course, means the nominal hours for the unit determined under regulation 3AA;

secondary school aged person means a person who has reached 15 years of age but has not reached the end of the calendar year in which their compulsory education period expires, as defined in the School Education Act 1999 section 4;

unit means a unit or module that is a component of a course and in which vocational education or training on a discrete subject is provided in accordance with the specifications of the unit or module to people enrolled in the course with the object that those who successfully complete the unit or module will have achieved a level of knowledge or competence in the subject concerned as specified in those specifications.

[(2) deleted]

[Regulation 3 amended: Gazette 23 Dec 2005 p. 6246-7; 9 Nov 2007 p. 5605-6; 22 May 2009 p. 1693-4; 26 Jun 2009 p. 2566; 18 Dec 2009 p. 5172; 17 Dec 2013 p. 6255‑6; 12 Dec 2014 p. 4739; 3 Feb 2017 p. 1116; 22 Oct 2019 p. 3730; SL 2020/200 r. 4; SL 2021/143 r. 4.]

3AA. Nominal hours

(1) The nominal hours for a unit of a course means —

(a) for a unit of a course accredited by the Council — the number of hours set out in the application to have the course accredited under section 58C of the Act as being the number of hours in which an average student could reasonably be expected to complete the unit; or

(b) for a listed unit of competency that forms part of a listed training package, as referred to in the Vocational Education and Training (General) Regulations 2009 regulation 4 — the number of hours approved by the Minister as being the number of hours in which an average student could reasonably be expected to complete the unit; or

(c) for a unit of a course accredited under a corresponding law — the number of hours set out in the application to have the course accredited under the corresponding law as being the number of hours in which an average student could reasonably be expected to complete the unit.

(2) The chief executive must give public notice of the nominal hours for each unit, in such manner and at such times as the chief executive decides is appropriate, which may include on a website approved by the chief executive.

[Regulation 3AA inserted: Gazette 17 Dec 2013 p. 6256‑7.]

Part 2A — Management of colleges

[Heading inserted: Gazette 22 May 2009 p. 1694.]

3A. Period prescribed for strategic plans (Act s. 43(1))

For the purposes of section 43(1) of the Act, a college’s draft strategic plan must be for a period of 3 years.

[Regulation 3A inserted: Gazette 22 May 2009 p. 1694.]

Part 2 — Classification and reclassification of courses

[Heading amended: Gazette 9 Nov 2007 p. 5606; 17 Dec 2013 p. 6257; SL 2020/109 r. 4.]

4. Classification of courses

(1) The chief executive is to issue to all colleges not later than the beginning of a calendar year an instrument setting out for that year the way in which courses provided by colleges are classified for the purposes of these regulations.

(2) In the instrument referred to in subregulation (1) the courses provided by colleges are to be classified as follows —

(a) category 1 is to consist of courses that the chief executive determines are —

(i) priorities for industry training, apprenticeships or traineeships or are for general industry training; and

(ii) courses to which a higher fee should generally apply;

(b) category 2 is to consist of courses that the chief executive determines are —

(i) priorities for industry training, apprenticeships or traineeships; but

(ii) not courses to which a higher fee, targeted fee relief or no fee should generally apply;

(i) for general industry training; but

(ii) not courses to which a higher fee, targeted fee relief or no fee should generally apply;

(d) category 4 is to consist of courses that the chief executive determines are —

(i) foundation skills training; or

(ii) intended to promote equality of opportunity in gaining access to vocational education and training or employment;

(e) category 5 is to consist of courses that the chief executive determines are courses to which targeted fee relief should generally apply;

(f) category 6 is to consist of courses that the chief executive determines are courses to which no fee should apply.

(2A) In the instrument referred to in subregulation (1), the chief executive may classify a course into a single category or into different categories for different persons, depending on whether or not the persons are —

(a) parties to training contracts; or

(b) existing worker trainees.

(2B) If a course is classified into a single category, it is classified into that category for all persons.

(3A) In the instrument referred to in subregulation (1), the chief executive may specify that a category 1, 2, 3, 4 or 5 course in relation to a concessional or youth student is a course for which no course fee is payable by the concessional or youth student.

(3B) In the instrument referred to in subregulation (1), the chief executive may specify that a category 1 course in relation to a person is eligible for course fee concessions and exemptions.

(3) The chief executive may by instrument issued to all colleges amend an instrument issued under subregulation (1).

[Regulation 4 amended: Gazette 18 Dec 2009 p. 5172; 17 Dec 2013 p. 6257‑9; 3 Feb 2017 p. 1116; 22 Dec 2017 p. 5995; 22 Oct 2019 p. 3730; SL 2020/84 r. 4; SL 2020/109 r. 5; SL 2020/200 r. 5; SL 2021/143 r. 5.]

4A. Reclassification of courses

(1) Without limiting regulation 4(3), the chief executive may by instrument issued to all colleges amend an instrument issued under regulation 4(1) to reclassify courses provided by colleges into a different category.

(2) Subregulations (3) to (7) apply if the chief executive amends an instrument under subregulation (1).

(3) Subject to subregulation (5), the reclassification of a course does not affect the course fees payable for units of the course commenced before the day on which the amendment takes effect (amendment day).

(4) If a course is reclassified as a category 5 course for all or any persons, the course fee caps in regulation 12(5) and (6) apply only in relation to the course fees payable for units of the course commenced by those persons on or after amendment day.

(5) If a category 5 course is reclassified for all or any persons, the course fee caps in regulation 12(5) and (6) apply only in relation to the course fees payable for units of the course commenced by those persons before amendment day.

(6) If, before amendment day, a person paid an amount of course fees that includes an amount for units commenced on or after amendment day and that, because of the reclassification of a course, exceeds the amount of course fees payable by the person, the person is entitled to a refund of the difference between the amount paid and the amount payable.

(7) If, before amendment day, a person paid, or arranged to the satisfaction of a college for the payment of, an amount of course fees that includes an amount for units commenced on or after amendment day and that, because of the reclassification of a course, is less than the amount of course fees payable by the person, the person is not required to pay the difference between the amount paid, or arranged to be paid, and the amount payable.

[Regulation 4A inserted: SL 2020/109 r. 6; amended: SL 2020/200 r. 6; SL 2021/143 r. 6.]

[4B. Deleted: Gazette 17 Dec 2013 p. 6259.]

Part 3 — Selection and fees

Division 1 — Selection for certain courses, and fees

[Heading amended: Gazette 17 Dec 2013 p. 6259.]

5. Term used: Admissions Manager

In this Division —

Admissions Manager means the officer designated under regulation 7.

[Regulation 5 amended: Gazette 17 Dec 2013 p. 6259; 12 Dec 2014 p. 4739; 22 Oct 2019 p. 3730; SL 2020/84 r. 5; SL 2021/143 r. 7.]

6. Application of this Division

(1) This Division does not apply to a course if —

(aa) the course is classified as a category 4 course for all persons; or

(a) the number of hours for the course does not exceed —

(i) an average of 13 hours in each week; or

(ii) a total of 221 hours in a semester;

(b) the chief executive has determined that applications for selection for the course are to be made to the college concerned.

(2) The description of a course in the handbook of courses published for prospective students of colleges is to indicate whether subregulation (1)(b) applies to the course.

[Regulation 6 amended: Gazette 23 Dec 2005 p. 6247; 9 Nov 2007 p. 5607; SL 2021/143 r. 8.]

7. Admissions Manager, designation and functions of

The chief executive is to designate an officer of the department as Admissions Manager with the function of undertaking, where this Division applies, the selection of persons for courses on behalf of colleges.

[Regulation 7 amended: Gazette 9 Nov 2007 p. 5607; 17 Dec 2013 p. 6259.]

8. Application for selection for course at college

A person who wishes to be selected for a course provided by a college must apply in writing to the Admissions Manager for selection.

[Regulation 8 inserted: Gazette 9 Nov 2007 p. 5607.]

9. Late applications

(1) The Admissions Manager may for any course determine a day after which applications under regulation 8 are to be regarded as late applications.

(2) A person who makes an application under regulation 8 that is a late application must pay the late application fee set out in Schedule 1 item 1.

[Regulation 9 amended: Gazette 9 Nov 2007 p. 5607; 17 Dec 2013 p. 6259; 12 Dec 2014 p. 4739.]

10. Assessing applicant on basis of experience, fee for

(1) A person who wishes —

(a) to make an application under regulation 8 in respect of a course; and

(b) to be selected for the course on the basis of experience rather than previous vocational education,

must pay a fee determined by the Admissions Manager as representing the cost of dealing with the application.

(2) The fee determined under subregulation (1) must not exceed $70.

[Regulation 10 amended: Gazette 9 Nov 2007 p. 5607.]

Division 2 — Course fees

[Heading inserted: Gazette 23 Dec 2005 p. 6247.]

[Subdivision 1 (r. 11-13A) deleted: Gazette 12 Dec 2014 p. 4739.]

[Heading deleted: Gazette 12 Dec 2014 p. 4740.]

11. Course fees for 2021 to 2026: Sch. 1

(1) If a student commences a unit of a course in 2021, 2022, 2023, 2024, 2025 or 2026, the course fee is determined as follows —

(a) if only one unit is to be commenced — the relevant fee determined in accordance with Schedule 1 item 2, 2A, 3, 4, 5 or 6 (the unit fee);

(b) if more than one unit is to be commenced — the sum of the unit fees for each unit to be commenced.

(2) Subregulation (1) —

(a) is subject to the other provisions of this Division; and

(b) does not apply to a course or unit for which there is a determination in force under regulation 16A.

[Regulation 11 inserted: Gazette 23 Dec 2016 p. 5907; amended: Gazette 3 Feb 2017 p. 1116; 22 Dec 2017 p. 5995; 27 Nov 2018 p. 4584; 22 Oct 2019 p. 3731; SL 2020/84 r. 6; SL 2020/190 r. 4; SL 2021/168 r. 4; SL 2025/186 r. 4.]

12. Annual course fee caps

(1) In this regulation —

final year secondary school student means a person enrolled at a school to whom regulation 13(4) applies;

specified course means a course that, if successfully completed, would result in the conferral of a prescribed VET qualification of a Diploma or Advanced Diploma;

unenrolled secondary school aged person means a secondary school aged person who is not enrolled at school.

(2) In this regulation, a student is enrolled in a course if the student enrols in one, or more than one, unit of that course.

[(3) deleted]

(4) For a student who is not a secondary school aged person, the maximum amount of course fee payable for a year referred to in regulation 11(1) for each specified course in which the student is enrolled is $7 860.

(5) For a student who is not a concessional or youth student, the maximum amount of course fee payable for a year referred to in regulation 11(1) for each category 5 course in which the student is enrolled is $1 200.

(6) Subject to subregulation (7) in the case of an unenrolled secondary school aged person or a final year secondary school student, for a student who is a concessional or youth student, the maximum amount of course fee payable for a year referred to in regulation 11(1) for each category 5 course in which the student is enrolled is $400.

(7) For a student who is an unenrolled secondary school aged person or a final year secondary school student, the maximum amount of course fee payable for a year referred to in regulation 11(1) is $420 in total across all courses in which the student is enrolled in that calendar year.

[Regulation 12 inserted: Gazette 22 Oct 2019 p. 3731‑2; amended: SL 2020/84 r. 7; SL 2020/190 r. 5; SL 2020/200 r. 7; SL 2022/203 r. 4.]

[13B. Deleted: Gazette 11 Dec 2015 p. 4958.]

13. Courses exempt from course fees

(1) No course fee is payable by a concessional or youth student for a course specified under regulation 4(3A).

[(2) deleted]

(3) No course fee is payable for a course undertaken by a person enrolled at a school.

(4) Subregulation (3) does not apply if —

(a) the person is in the final year of secondary school and will not, after the completion of that year, be enrolled at a secondary school; and

(b) the person commences the course after the end of the 2nd week of the final school term determined for government schools for that year under the School Education Act 1999 section 117.

[Regulation 13 inserted: Gazette 31 Dec 2008 p. 5682; amended: Gazette 18 Dec 2009 p. 5173; 17 Dec 2013 p. 6263‑4; 12 Dec 2014 p. 4740; 11 Dec 2015 p. 4958; 22 Oct 2019 p. 3732; SL 2020/84 r. 8; SL 2020/200 r. 8; SL 2022/132 r. 4; SL 2022/203 r. 5.]

14. Students in State care

(1) This regulation applies to a student who is not enrolled in school but is in the care of the CEO within the meaning of the Children and Community Services Act 2004 section 3 and in accordance with section 30 of that Act.

(2) A course fee is not payable by a student to whom this regulation applies, in the following circumstances —

(a) where the compulsory school education period for the student under the School Education Act 1999 ends prior to the day that the student reaches 18 years of age — a course fee is not payable for a course undertaken by that student until that student reaches the age of 18 years;

(b) where the compulsory school education period for the student under the School Education Act 1999 ends on or after the day that the student reaches 18 years of age — a course fee is not payable for a course undertaken by that student for the remainder of the year in which that compulsory school education period applies.

[Regulation 14 inserted: Gazette 23 Dec 2016 p. 5907‑8.]

[15. Deleted: SL 2021/143 r. 9.]

15A. Course fees for overseas students

(1A) A student commencing a course is an Australian resident for the purposes of subregulation (1) if the student satisfies one of the following conditions —

(a) the student is an Australian citizen (as defined in the Australian Citizenship Act 2007 (Commonwealth) section 4(1));

(b) the student holds a permanent visa or a visa of Subclass 309, 444, 785, 790, 820 or 826;

(c) the student holds a visa of subclass 457 granted on the basis that the student satisfied the secondary criteria for that subclass;

(d) the student —

(i) holds a visa of subclass 050 or 051; and

(ii) has received a letter from the Department of State of the Commonwealth assisting in the administration of the Migration Act 1958 (Commonwealth) acknowledging that the student has made a valid application for a visa of subclass 785 or 790;

(e) the student holds a visa of subclass 449 or 786;

[(f) deleted]

(g) the student —

(i) holds a bridging visa that is not subject to condition 8101 set out in the Migration Regulations 1994 (Commonwealth) Schedule 8; and

(h) the student holds a visa of subclass 300, 445 or 461 granted on the basis that the student satisfied the primary or secondary criteria for that subclass;

(i) the student holds a visa of subclass 188, 482, 489, 491 or 494 granted on the basis that the student satisfied the secondary criteria for that subclass.

(1B) In subregulation (1A) a reference to a visa, or to a visa of a particular kind or subclass, is a reference to a visa, or to a visa of that kind or subclass, granted under the Migration Act 1958 (Commonwealth).

(1) The course fee for any course for a student who is not an Australian resident is —

(a) if there is a relevant determination in force under this regulation, the fee specified in that determination; or

(b) otherwise, the fee determined in accordance with regulation 11.

(2) The Minister may by instrument issued to the relevant college or colleges determine the course fee for a course for students who are not Australian residents.

(3) The Minister may determine different fees for different courses, different units or different students based on —

(a) the categories of the course; or

(b) the subject matter of the course or unit; or

(d) the country of origin of the student; or

(e) the level and extent of the student’s previous vocational education, training and experience; or

(f) any other criteria the Minister considers relevant to the cost of providing the course,

or any combination of those criteria.

[(4), (5) deleted]

[Regulation 15A inserted: Gazette 13 Apr 1999 p. 1547‑8; amended: Gazette 5 Nov 1999 p. 5635; 8 Oct 2002 p. 5097; 23 Dec 2005 p. 6248; 30 May 2008 p. 2068-9; 27 Oct 2011 p. 4558; 17 Dec 2013 p. 6264‑5; 11 Dec 2015 p. 4958; 12 Jun 2018 p. 1898; 22 Oct 2019 p. 3732‑3; SL 2022/203 r. 6; SL 2024/1 r. 4; SL 2024/230 r. 4; SL 2025/186 r. 5.]

Division 3 — Other fees

16. Colleges may determine other fees

(1A) This regulation does not apply to vocational education or training or related services supplied by a college on a fee for service basis under section 37(1)(bb) of the Act.

(1) A college may from time to time determine any fee or charge that is payable to the college for any particular vocational education or training or related service supplied by the college, not being a service for which a fee is prescribed by these regulations.

(2) The Minister is to direct each college under section 11 of the Act as to the manner in which a determination under subregulation (1) is to be published.

(3) A determination under subregulation (1) does not have effect until it is published accordingly.

[Regulation 16 amended: Gazette 11 Dec 2015 p. 4958.]

16A. Fee for service

(1) A college may from time to time determine the fee or charge that is payable to the college for the supply of a particular vocational education or training or related service, where that supply is to be provided on a fee for service basis under section 37(1)(bb) of the Act.

(2) Subregulation (1) does not apply to students who are already subject to a determination under regulation 15A.

[Regulation 16A inserted: Gazette 11 Dec 2015 p. 4959.]

[16B. Deleted: Gazette 22 May 2009 p. 1694.]

Part 4 — Enrolment

17. Enrolment as student at college

(1) A person cannot take a course or unit provided by a college unless he or she is enrolled as a student at the college.

(2) A person is enrolled as a student at a college if —

(a) he or she has lodged a completed enrolment form for one, or more than one, unit of a course with the college; and

(b) subject to regulations 22 and 23, he or she pays, or has arranged to the satisfaction of the college for the payment of —

(i) the course fee for the unit or units provided for by Part 3 Division 2 as the payment becomes due; and

(ii) any other fee or charge properly payable in connection with the course under regulation 16.

[Regulation 17 amended: Gazette 29 Nov 2002 p. 5667; 23 Dec 2005 p. 6248; 9 Nov 2007 p. 5608; 19 Jan 2010 p. 144; 17 Dec 2013 p. 6265; SL 2020/109 r. 7; SL 2020/200 r. 9.]

18. When enrolment at college may be refused or cancelled

(1) Despite regulation 17, a person is not enrolled at a college if, within 21 days after he or she has complied with that regulation, the governing council of the college —

(a) decides to refuse the enrolment; and

(b) gives notice in writing to the person of the decision and of the reasons for it.

(2) The only grounds on which a governing council may refuse an enrolment under subregulation (1) are that the person —

(a) has committed —

(i) a breach of discipline at a college; or

(ii) a breach of the by‑laws of a college,

and the governing council considers that there is a significant risk of a further breach by the person; or

(b) has failed to pay any fee or charge properly payable to a college; or

(c) has enrolled as a student at a college by satisfying regulation 17(2)(b) by undertaking to arrange for payment of fees by way of Commonwealth assistance, either VET FEE‑HELP or a VET student loan, but has not had an eligible application for the VET FEE‑HELP or the VET student loan to the college confirmed within the required period for that unit.

(2A) A governing council may cancel the enrolment, for a particular course, or particular units, of a person who is enrolled at a college if it becomes apparent after the 21 days given in subregulation (1) that the student will not receive funding either by VET FEE‑HELP or a VET student loan to undertake the particular course or those units.

(3) It is sufficient compliance with subregulation (1)(b) if the notice is sent by post to a postal address given by the person in the enrolment form.

(4) Nothing in this regulation affects the application of criteria in the selection of persons for a course.

[Regulation 18 amended: Gazette 11 Dec 2015 p. 4959; 23 Dec 2016 p. 5908-9.]

[19. Deleted: Gazette 9 Nov 2007 p. 5608.]

Part 5 — Fee concessions, exemptions and refunds

[Heading inserted: Gazette 18 Dec 2009 p. 5174.]

Division 1 — Concessional rates of fees

20. Persons entitled to concessional rate of course fee

(1) In this regulation —

Centrelink means the Commonwealth agency known as Centrelink.

(2) The following persons are entitled to the concessional rate of course fee for a concession‑eligible course —

(a) persons holding a Health Care Card issued by Centrelink;

(b) persons holding a Pensioner Concession Card issued by Centrelink;

[(ca), (cb) deleted]

(cc) persons who are active participants in the employment services program provided by the Commonwealth known as Workforce Australia;

(cd) parents or carers participating in the support program provided by the Commonwealth known as Parent Pathways;

(d) persons in receipt of a benefit under the AUSTUDY scheme described in the Student Assistance Act 1973 2 of the Commonwealth;

(e) persons in receipt of a benefit under the ABSTUDY scheme of the Commonwealth;

(ea) persons in receipt of the common youth allowance from the Commonwealth;

(eb) secondary school aged person;

(f) persons who are inmates of a custodial institution for adults or juveniles;

(g) dependents of persons referred to in paragraphs (a) to (f).

[(2a) Omitted under the Reprints Act 1984 s. 7(4)(e).]

(3) It is the responsibility of a person who claims an entitlement under this regulation in relation to a course provided by a college to establish that entitlement to the satisfaction of the governing council of the college.

[Regulation 20 amended: Gazette 7 Nov 1997 p. 6150 (disallowed: Gazette 9 Jun 1998 p. 3098); 14 Aug 1998 p. 4434‑5; 4 Dec 1998 p. 6535; 28 Nov 2003 p. 4774; 23 Dec 2005 p. 6248-9; 18 Dec 2009 p. 5174; 17 Dec 2013 p. 6266; 3 Feb 2017 p. 1116; SL 2020/200 r. 10; SL 2022/132 r. 5; SL 2025/186 r. 6.]

[20A. Deleted: Gazette 23 Dec 2016 p. 5909.]

21. Concessional rate for concession‑eligible course where there is financial hardship

If the governing council of a college is satisfied, on application by a person who wishes to enrol at the college for a unit, or more than one unit, of a concession‑eligible course, that payment of the course fee provided for by Part 3 Division 2 would cause financial hardship to the person, the council may determine that the concessional rate is to apply to that person for that unit, or those units, as if the person were a person to whom regulation 20(2) applies.

[Regulation 21 amended: Gazette 7 Nov 1997 p. 6150 (disallowed: Gazette 9 Jun 1998 p. 3098); 23 Dec 2005 p. 6249; 17 Dec 2013 p. 6266; 3 Feb 2017 p. 1116; 22 Dec 2017 p. 5996.]

Division 2 — Payment by instalment and exemption for severe financial hardship

[Heading inserted: Gazette 17 Dec 2013 p. 6267.]

22. Payment of certain fees by instalments

(1) The governing council of a college may, on application by a person who wishes to enrol at the college, allow the person to pay a course fee by instalments of such amounts and at such times as it determines.

(2) The governing council of a college may, on application by a person who would otherwise be liable for a fee imposed under regulation 16 for a service, allow the person to pay the fee by instalments of such amounts and at such times as it determines.

(3) If a student fails to pay an instalment when it becomes due and payable the governing council of a college may —

(a) withdraw the allowance granted under subregulation (1) or (2) and require the student to pay the total unpaid portion of the fee by a date specified by the council; or

(b) cancel the enrolment of a student.

(4) The governing council of a college may only exercise a power under subregulation (3) if —

(a) the council has given the student 21 days written notice of its intention to do so; and

(b) any instalment payable before the notice was given remains unpaid at the expiry of those 21 days.

(5) If a student fails to pay an instalment, or an amount payable under subregulation (3)(a), when it becomes due and payable the governing council of a college may recover that amount in a court of competent jurisdiction as a debt due to the college.

[Regulation 22 amended: Gazette 7 Nov 1997 p. 6151; 23 Dec 2005 p. 6249; 17 Dec 2013 p. 6267.]

23. Exemption from fees if severe financial hardship

(1A) This regulation applies as follows —

(a) subregulation (1) applies to a person undertaking or wishing to undertake a concession‑eligible course or a category 4 course;

(b) subregulation (2) applies to a person undertaking or wishing to undertake a concession‑eligible course, a category 4 course or a category 6 course.

(1) If the governing council of a college is satisfied, on application by a person to whom this subregulation applies who wishes to enrol at the college that payment of the course fee would cause severe financial hardship to the person, the council may determine that the person is not required to pay the course fee.

(2) If the governing council of a college is satisfied, on application by a person to whom this subregulation applies who would otherwise be liable for a fee imposed under regulation 16 for a service, that payment of the fee would cause severe financial hardship to the person, the council may determine that the fee is not payable by the person for the service.

[Regulation 23 amended: Gazette 23 Dec 2005 p. 6249; 17 Dec 2013 p. 6267‑8; 23 Dec 2016 p. 5909; 3 Feb 2017 p. 1117; SL 2020/84 r. 9.]

Division 3 — Refund of fees

[Heading inserted: Gazette 19 Jan 2010 p. 144.]

24A. Terms used

In this Division —

payment period, in relation to the payment of an instalment of a course fee under a determination by a governing council under regulation 22, means a period of 6 months commencing on the day the payment of the instalment was due, or a period of up to 12 months (if within the same calendar year);

pro rata refund means —

(a) where the course fee is paid at enrolment — a refund of the same proportion of the fee paid by a person for the unit as the proportion of the unit that had not been delivered at the time the person withdrew from the unit;

(b) where the course fee is paid by instalments — a refund of the same proportion of the payment made by a person for a payment period as the proportion of the course to be delivered in that payment period that had not been delivered at the time the person withdrew from the course;

unforeseen circumstances means a change of circumstances that a person could not reasonably have foreseen before the expiry of the allowed period under regulation 25(3).

[Regulation 24A inserted: Gazette 19 Jan 2010 p. 144-5; amended: Gazette 17 Dec 2013 p. 6268; 12 Dec 2014 p. 4740‑1.]

24B. Withdrawing from course or unit, manner of

For the purposes of this Division, a person withdraws from a course or unit when he or she gives the college providing the course or unit a notice of withdrawal, in a form provided by the college, or if no form is provided, in writing.

[Regulation 24B inserted: Gazette 19 Jan 2010 p. 145.]

24. Refund of fees on cancellation etc. of course or unit

A person enrolled for a course or a unit is entitled to a full refund of all fees paid in respect of a semester or payment period for that course or unit —

(a) if, after the commencement of the semester or payment period, the course or unit is cancelled; or

(b) if, after the commencement of the semester or payment period —

(i) there is a change in the day or time scheduled for the course or unit; and

(ii) the person withdraws from the course or unit because the day or time as changed is not suitable for him or her.

[Regulation 24 inserted: Gazette 19 Jan 2010 p. 145; amended: Gazette 17 Dec 2013 p. 6268.]

25. Full refund of certain fees if withdrawal within allowed period

[(1) deleted]

(2) A person enrolled for a unit is entitled to a full refund of all fees paid in respect of that unit or a payment period for that unit if within the allowed period the person withdraws from the unit.

(3) For the purpose of subregulation (2), the allowed period for a unit is the period set by the college for that unit, ending no less than 20% of the way through the period during which that unit is undertaken.

[Regulation 25 inserted: Gazette 12 Dec 2014 p. 4741; amended: Gazette 11 Dec 2015 p. 4960.]

26. Pro rata refund of fees if withdrawal after allowed period

(1) A person enrolled for a unit where the course fee was paid at enrolment is entitled to a pro rata refund of the fees paid for the unit if, after the expiry of the allowed period for that unit under regulation 25(3), he or she —

(a) withdraws from the unit; and

(b) provides evidence to the satisfaction of the governing council that the withdrawal is due to unforeseen circumstances.

(2) A person enrolled for a unit where the course fee is paid by instalments is entitled to a pro rata refund of the amount of the fee paid in respect of a payment period if after the expiry of the allowed period for that payment period under regulation 25(3), he or she —

(a) withdraws from the unit; and

(b) provides evidence to the satisfaction of the governing council that the withdrawal is due to unforeseen circumstances.

[Regulation 26 inserted: Gazette 19 Jan 2010 p. 146; amended: Gazette 17 Dec 2013 p. 6269; 12 Dec 2014 p. 4741.]

[26A. Deleted: Gazette 18 Dec 2009 p. 5174.]

Part 6 — Common seals of colleges

27. Form

The common seal of a college is to be circular in form and have —

(a) the name of the college in its centre; and

(b) the words “Common Seal” around its circumference.

28. Custody

The common seal of a college is to be kept in safe custody by the managing director of the college.

29. Use

The common seal of a college is not to be affixed to any document unless the governing council of the college has determined by resolution that it be so affixed.

30. Attestation

The common seal of a college is to be affixed to a document in the presence of —

(a) the chairperson or deputy chairperson of the governing council of the college; and

(b) at least one other member of the governing council,

and each of the persons so present is to sign the document to attest that the common seal was so affixed.

31. Seal book

(1) A college is to have a book (the seal book) in which is to be entered a record of all documents to which the common seal has been affixed.

(2) The managing director is responsible for —

(a) keeping the seal book in safe custody; and

(b) ensuring that the necessary entries are made in it.

Part 7 — Transitional provision

[Heading inserted: SL 2020/84 r. 10.]

32. Transitional provision for Vocational Education and Training (Colleges) Amendment Regulations 2020

(1) In this regulation —

2020 instrument means the instrument issued by the chief executive under regulation 4(1) for 2020.

(2) Without limiting regulation 4(3), the chief executive may by instrument issued to all colleges amend the 2020 instrument to —

(a) classify courses provided by colleges as category 6 courses; and

(b) make any amendments necessary as a consequence of introducing that classification.

[Regulation 32 inserted: SL 2020/84 r. 10.]

Schedule 1 — Fees

[r. 9 and Pt. 3 Div. 2]

[Heading inserted: Gazette 23 Dec 2016 p. 5909.]

Item	Fee for	Fee
1.	Late application (r. 9(2)) ................................	75.00
		Fee in $ per hour of unit
2.	Category 1 course which is not a concession‑eligible course — all students .......	5.79
2A.	Category 1 course which is a concession‑eligible course —
	(a) for a student who is not a concessional student ..................................................<br>(b) for a concessional student .....................	5.79<br>1.74
3.	Category 2 course —
	(a) for a student who is not a concessional student ..................................................	3.25
	(b) for a concessional student ......................	0.97
4.	Category 3 course —
	(a) for a student who is not a concessional student .....................	4.88
	(b) for a concessional student ..................	1.47
5.	Category 4 course — all students .................	0.21
6.	Category 5 course —
	(a) for a student who is not a concessional student .........................	1.62
	(b) for a concessional student ..................	0.48

[Schedule 1 inserted: Gazette 23 Dec 2016 p. 5909; amended: Gazette 3 Feb 2017 p. 1117; 22 Oct 2019 p. 3733.]

dline

Notes

This is a compilation of the Vocational Education and Training (Colleges) Regulations 1996 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Vocational Education and Training Regulations 1996 3	27 Dec 1996 p. 7167‑84	1 Jan 1997 (see r. 2 and Gazette 12 Nov 1996 p. 6301)
Vocational Education and Training Amendment Regulations 1997 4	7 Nov 1997 p. 6149‑51	7 Nov 1997
Vocational Education and Training Amendment Regulations (No. 2) 1997	7 Nov 1997 p. 6152	1 Jan 1997 (see r. 2 and Gazette 12 Nov 1996 p. 6301)
Vocational Education and Training Amendment Regulations 1998	14 Aug 1998 p. 4433‑6	14 Aug 1998
Vocational Education and Training Amendment Regulations (No. 2) 1998	4 Dec 1998 p. 6534‑5	4 Dec 1998
Vocational Education and Training Amendment Regulations 1999	13 Apr 1999 p. 1546‑8	13 Apr 1999
Vocational Education and Training Amendment Regulations (No. 2) 1999 r. 5 and 6	5 Nov 1999 p. 5634‑5	5 Nov 1999 (see r. 2(1))
*Reprint of the Vocational Education and Training Regulations 1996* as at 26 May 2000** (includes amendments listed above)
Vocational Education and Training Amendment Regulations 2001	2 Nov 2001 p. 5795‑6	2 Nov 2001
Vocational Education and Training Amendment Regulations (No. 3) 2001	14 Dec 2001 p. 6408‑9	14 Dec 2001
Vocational Education and Training Amendment Regulations 2002	16 Aug 2002 p. 4209‑10	16 Aug 2002
Vocational Education and Training Amendment Regulations (No. 2) 2002	8 Oct 2002 p. 5096‑7	8 Oct 2002
Vocational Education and Training Amendment Regulations (No. 3) 2002	29 Nov 2002 p. 5667‑8	29 Nov 2002
Vocational Education and Training Amendment Regulations 2003	28 Nov 2003 p. 4773‑4	28 Nov 2003
Vocational Education and Training Amendment Regulations 2004	26 Nov 2004 p. 5310	26 Nov 2004
*Reprint 2: The Vocational Education and Training Regulations 1996* as at 17 Dec 2004** (includes amendments listed above)
Vocational Education and Training Amendment Regulations 2005 5	23 Dec 2005 p. 6246-50	23 Dec 2005
Vocational Education and Training Amendment Regulations 2006	20 Oct 2006 p. 4467-9	20 Oct 2006
Vocational Education and Training Amendment Regulations (No. 2) 2006	24 Nov 2006 p. 4813-14	24 Nov 2006
Vocational Education and Training Amendment Regulations 2007	9 Nov 2007 p. 5605-9	r. 1 and 2: 9 Nov 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Nov 2007 (see r. 2(b))
*Reprint 3: The Vocational Education and Training Regulations 1996* as at 4 Jan 2008** (includes amendments listed above)
Vocational Education and Training Amendment Regulations 2008	30 May 2008 p. 2068-9	r. 1 and 2: 30 May 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 31 May 2008 (see r. 2(b))
Vocational Education and Training Amendment Regulations (No. 2) 2008	21 Nov 2008 p. 4920-1	r. 1 and 2: 21 Nov 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Nov 2008 (see r. 2(b))
Vocational Education and Training Amendment Regulations 2009	31 Dec 2008 p. 5681-2	r. 1 and 2: 31 Dec 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2009 (see r. 2(b))
Vocational Education and Training Amendment Regulations (No. 2) 2009	22 May 2009 p. 1693-4	r. 1 and 2: 22 May 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 23 May 2009 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2009	26 Jun 2009 p. 2565‑8	r. 1 and 2: 26 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))
*Reprint 4: The Vocational Education and Training (Colleges) Regulations 1996* as at 7 Aug 2009** (includes amendments listed above)
Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2009	18 Dec 2009 p. 5172-5	r. 1 and 2: 18 Dec 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Dec 2009 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2010	19 Jan 2010 p. 141-7	r. 1 and 2: 19 Jan 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Jan 2010 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2010	26 Nov 2010 p. 5956-8	r. 1 and 2: 26 Nov 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Nov 2010 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2011	27 Oct 2011 p. 4557‑9	r. 1 and 2: 27 Oct 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Oct 2011 (see r. 2(b))
*Reprint 5: The Vocational Education and Training (Colleges) Regulations 1996* as at 9 Mar 2012** (includes amendments listed above)
Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2012	12 Oct 2012 p. 4852‑4	r. 1 and 2: 12 Oct 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Oct 2012 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2013	17 Dec 2013 p. 6255‑71	r. 1 and 2: 17 Dec 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2014 (see r. 2(b))
*Reprint 6: The Vocational Education and Training (Colleges) Regulations 1996* as at 7 Mar 2014** (includes amendments listed above)
Vocational Education and Training (Colleges) Amendment Regulations 2014	12 Dec 2014 p. 4739‑42	r. 1 and 2: 12 Dec 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Dec 2014 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2015	11 Dec 2015 p. 4957-60	r. 1 and 2: 11 Dec 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2016 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2016	23 Dec 2016 p. 5906‑9	r. 1 and 2: 23 Dec 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2017 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2017	3 Feb 2017 p. 1115‑17	r. 1 and 2: 3 Feb 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Feb 2017 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2017	22 Dec 2017 p. 5995‑6	r. 1 and 2: 22 Dec 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Dec 2017 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2018	12 Jun 2018 p. 1897‑8	r. 1 and 2: 12 Jun 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Jun 2018 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2018	27 Nov 2018 p. 4583‑4	r. 1 and 2: 27 Nov 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Nov 2018 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2019	22 Oct 2019 p. 3729‑33	r. 1 and 2: 22 Oct 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Oct 2019 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2020	SL 2020/84 19 Jun 2020	r. 1 and 2: 19 Jun 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Jun 2020 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2020	SL 2020/109 30 Jun 2020	r. 1 and 2: 30 Jun 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2020 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations (No. 3) 2020	SL 2020/190 9 Oct 2020	r. 1 and 2: 9 Oct 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Oct 2020 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations (No. 4) 2020	SL 2020/200 23 Oct 2020	r. 1 and 2: 23 Oct 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Oct 2020 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2021	SL 2021/143 13 Aug 2021	r. 1 and 2: 13 Aug 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Aug 2021 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2021	SL 2021/168 24 Sep 2021	r. 1 and 2: 24 Sep 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Sep 2021 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2022	SL 2022/132 5 Jul 2022	r. 1 and 2: 5 Jul 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Jul 2022 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2022	SL 2022/203 2 Dec 2022	r. 1 and 2: 2 Dec 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Dec 2022 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2024	SL 2024/1 10 Jan 2024	r. 1 and 2: 10 Jan 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 11 Jan 2024 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2024	SL 2024/230 13 Nov 2024	r. 1 and 2: 13 Nov 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2025 (see r. 2(b))
Vocational Education and Training (Colleges) Amendment Regulations 2025	SL 2025/186 12 Nov 2025	r. 1 and 2: 12 Nov 2025 (see r. 2(a)); r. 3, 4 and 6: 13 Nov 2025 (see r. 2(c));<br>Regulations other than 1-4 and 6: 1 Jan 2026 (see r. 2(b))

Other notes

1 Footnote no longer applicable.

2 Formerly referred, incorrectly, to the Student and Youth Allowances Act 1973 of the Commonwealth. The correct short title of the Act was the Student and Youth Assistance Act 1973. That short title was changed to the Student Assistance Act 1973 by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 of the Commonwealth. The reference was changed under the Reprints Act 1984 s. 7(3)(h).

3 Now known as the Vocational Education and Training (Colleges) Regulations 1996; citation changed (see note under r. 1).

4 The Vocational Education and Training Amendment Regulations 1997 r. 4 and 5 were disallowed on 21 May 1998 (see Gazette 9 Jun 1998 p. 3098).

5 The Vocational Education and Training Amendment Regulations 2005 r. 6(3) reads as follows:

Regulation 15A amended and savings

(3) A determination issued under regulation 15A that is in force immediately before these regulations commence and specifies a tuition fee for a course for a student, continues in force after these regulations commence and the fee so specified is to be taken to be the course fee specified for that course for that student.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

2020 instrument 32(1)

Admissions Manager 5

amendment day 4A(3)

Australian resident 15A(1A)

category 3(1)

Centrelink 20(1)

concessional or youth student 3(1)

concessional student 3(1)

concession-eligible course 3(1)

course 3(1)

course fee 3(1)

enrolled 12(2)

existing worker trainee 3(1)

final year secondary school student 12(1)

hours 3(1)

nominal hours 3AA(1)

payment period 24A

pro rata refund 24A

seal book 31(1)

secondary school aged person 3(1)

specified course 12(1)

unenrolled secondary school aged person 12(1)

unforeseen circumstances 24A

unit 3(1)

unit fee 11(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: ROGER JACOBS, Acting Government Printer

Western Australia

Vocational Education and Training Act 1996

Vocational Education and Training (Colleges) Regulations 1996

Western Australia

Vocational Education and Training (Colleges) Regulations 1996

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

3AA. Nominal hours 3

Part 2A — Management of colleges

3A. Period prescribed for strategic plans (Act s. 43(1)) 4

Part 2 — Classification and reclassification of courses

Classification of courses 5

4A. Reclassification of courses 7

Part 3 — Selection and fees

Division 1 — Selection for certain courses, and fees

Term used: Admissions Manager 9
Application of this Division 9
Admissions Manager, designation and functions of 10
Application for selection for course at college 10
Late applications 10
Assessing applicant on basis of experience, fee for 10

Division 2 — Course fees

Course fees for 2021 to 2026: Sch. 1 11
Annual course fee caps 11
Courses exempt from course fees 13
Students in State care 13

15A. Course fees for overseas students 14

Division 3 — Other fees

Colleges may determine other fees 16

16A. Fee for service 17

Part 4 — Enrolment

Enrolment as student at college 18
When enrolment at college may be refused or cancelled 18

Part 5 — Fee concessions, exemptions and refunds

Division 1 — Concessional rates of fees

Persons entitled to concessional rate of course fee 20
Concessional rate for concession‑eligible course where there is financial hardship 21

The regulations rely on several operational concepts that determine legal and economic outcomes. Understanding their definitions and legal mechanics is essential for application.

Course, unit and nominal hours. The basic billing unit is a "unit" of a course (defined at reg 3(1)). "Nominal hours" for a unit are the hours set out in the accreditation application for accredited courses, the hours approved by the Minister for listed units, or the hours in corresponding law accreditations (reg 3AA(1)). The chief executive must publicly notify nominal hours (reg 3AA(2)). Those nominal hours feed directly into the per‑hour fees in Schedule 1 through reg 11(1).
Course categories and classification. Courses are classified annually into categories 1-6 (reg 4(2)). The categories reflect policy choices: category 1 is "priorities for industry training" and generally higher fee; category 4 focuses on foundation skills and promoting access; category 5 is for targeted fee relief and category 6 is no‑fee courses (reg 4(2)(a)-(f)). The chief executive issues an instrument to colleges each year setting these classifications, and may classify differently by person type (for example, parties to training contracts or existing worker trainees) (reg 4(1), (2A)). The chief executive can also specify that certain categories are no‑fee for concessional or youth students (reg 4(3A)), or that a category 1 course is eligible for concessions (reg 4(3B)). Reclassification is possible by instrument and includes transitional rules about fees payable for units commenced before or after the amendment day (reg 4A(1)-(7)).
Fee architecture. For units commenced in 2021-2026, the fee is the per‑hour unit fee in Schedule 1 multiplied by nominal hours; if multiple units are commenced the fees are summed (reg 11(1)). Schedule 1 sets per‑hour rates by category and concessional status (Schedule 1 items 2-6). Regulation 12 establishes annual fee caps for specified Diploma/Advanced Diploma qualifications ($7,860 per year for non‑secondary‑school students, reg 12(4)), for category 5 courses ($1,200 per year for non‑concessional students, reg 12(5)) and lower caps for concessional/youth and certain secondary students (reg 12(6)-(7)).
Concessions and exemptions. Regulation 20 lists classes of people entitled to concessional rates, including cardholders, participants in certain Commonwealth programs, secondary school‑aged persons and dependents (reg 20(2)). Councils can apply concessional rates for financial hardship (reg 21), grant instalment payment arrangements (reg 22(1)), and exempt fees for severe financial hardship (reg 23).
Enrolment and admission. A person may not take a unit unless enrolled; enrolment requires a completed form and payment or satisfactory arrangement for payment of course fees and other fees (reg 17(1)-(2)). The Admissions Manager (an officer designated by the chief executive) handles selection for courses to which Part 3 Division 1 applies, subject to exclusions for certain small courses and category 4 courses (regs 5-6, 7-8).
Refunds and withdrawal timelines. The regulations set an "allowed period" for full refunds that must be at least 20% into the unit (reg 25(3)). Withdrawals within that allowed period trigger full refunds (reg 25(2)), later withdrawals may qualify for pro rata refunds on proof of unforeseen circumstances (reg 26). If a course or unit is cancelled or the scheduled day/time changes and the student withdraws, a full refund is payable (reg 24).
Administrative recordkeeping and governance. Colleges must keep the common seal properly secured and record its use in a seal book (regs 27-31). The chief executive must issue classification instruments annually (reg 4(1)), and determine nominal hours publicity (reg 3AA(2)).

These concepts create a hybrid regime: price determination through the Schedule and caps, with discretionary administrative relief and classification choices made by the chief executive and governing councils. The effect is that statutory pricing interacts with administrative categorisation, creating pathways for both uniformity (annual instrument) and discretion (reclassification, concessions, instalments, exemptions).

The regulations allocate costs, administrative burdens and decision rights between distinct groups. The principal affected parties are:

Students. All persons who enrol in VET units at colleges are directly affected. Subgroups with differing entitlements include concessional students (Health Care Card, Pensioner Concession Card, Repatriation Health Benefits Card holders, participants in Workforce Australia, Parent Pathways participants, AUSTUDY/ABSTUDY recipients, youth allowance recipients, secondary school‑aged persons, inmates, and dependents) who are entitled to concessional fees under reg 20(2). Secondary school students and students in state care have further fee exemptions (regs 13(3), 14). Students who are not Australian residents face separate fee determinations under reg 15A.
Colleges and governing councils. Colleges are the fee collectors, administrators of enrolment, and decision makers on concessions, instalment arrangements, exemptions for severe financial hardship, and refunds (regs 16, 21-23, 22, 24-26). Governing councils decide to refuse or cancel enrolment on limited grounds (reg 18) and must publish determinations under Ministerial direction (reg 16(2)-(3)). The managing director has custody duties for the common seal and seal book (regs 28, 31).
Chief executive (department). The chief executive must issue the annual course classification instrument (reg 4(1)), may amend classifications including reclassification (reg 4A(1)), and must give public notice of nominal hours (reg 3AA(2)). The chief executive designates the Admissions Manager (reg 7).
Admissions Manager. Designated officer responsible for selection for courses where Division 1 applies (regs 5-8). They may fix a late application day (reg 9) and set a fee for assessing applicants on experience up to $70 (reg 10(1)-(2)).
Minister. The Minister may determine course fees for non‑Australian residents, and may specify differential fees by course, unit, college, country of origin, prior education and other cost factors (reg 15A(2)-(3)). The Minister also directs the manner of publishing college determinations (reg 16(2)).
Commonwealth agencies and laws. The regulations interact with Commonwealth migration law via the visa‑based Australian resident definition for fee purposes (reg 15A(1A)-(1B)), and with federal student assistance and employment programs used for concession eligibility references (reg 20(2)). State agencies are implicated for students in state care (Children and Community Services Act reference in reg 14).

Who pays: generally the student pays course fees as set by the per‑hour Schedule and constrained by annual caps (regs 11, 12, Schedule 1). However, concessional and exempt cohorts, students in state care, secondary school students, and those granted instalment or hardship relief by governing councils may pay less or nothing (regs 13, 14, 20-23). For overseas students the Minister or a specific determination can specify fees (reg 15A).

Who decides: the chief executive decides classifications and nominal hours publication (regs 3AA, 4), the Minister may determine non‑resident fees and publication modality (reg 15A(2)-(3), reg 16(2)), governing councils exercise discretion on concessions, instalments and enrolment decisions (regs 18, 21-23), and colleges determine other fees and fee‑for‑service charges (regs 16, 16A).

The regulations create a series of duties on public bodies and reciprocal rights for students. Major duties and rights are:

Duties of the chief executive and Minister

Issue course classification instrument annually to colleges (reg 4(1)). The instrument classifies courses into categories and may specify concessional exemptions (reg 4(2), (3A), (3B)). The chief executive may amend instruments and reclassify courses (reg 4(3), 4A).
Publicly notify nominal hours for each unit as the chief executive decides appropriate (reg 3AA(2)).
The Minister may determine course fees for students who are not Australian residents and may differentiate fees based on specified criteria (reg 15A(2)-(3)). The Minister also directs how colleges must publish determinations under reg 16(2).

Duties of colleges and governing councils

Publish fee determinations in the manner directed by the Minister before they take effect (reg 16(2)-(3)). The Minister directs manner under s 11 of the Act (reg 16(2)).
Determine and collect fees for vocational education and related services not prescribed by the regulations (reg 16(1)). This includes fee‑for‑service fees under s 37(1)(bb) of the Act, regulated via reg 16A for fee‑for‑service supplies (reg 16A(1)).
Consider and decide applications for concessional rates (reg 21), instalment arrangements (reg 22(1)-(2)), exemptions for severe financial hardship (reg 23), and refunds (regs 24-26).
Ensure enrolment only after completed form and payment or satisfactory arrangement for payment (reg 17(2)). The council may refuse enrolment within 21 days for specified reasons and must provide written notice with reasons (reg 18(1)-(3)).

Duties of college officers

Admissions Manager to undertake selection for courses where Div 1 applies (reg 7).
Managing director to keep the common seal in safe custody and maintain the seal book (regs 28, 31(2)).

Student rights

Right to enrol only after compliance with reg 17, and if refused, the right to receive written reasons (reg 17, 18(1)(b)).
Right to concessional rates if they fall within reg 20(2), provided they establish entitlement to the governing council (reg 20(3)).
Right to request instalment payment arrangements and exemptions; councils may grant these where satisfied of hardship (regs 22, 23).
Refund rights: full refund where the course or unit is cancelled or where schedule changes made the course unsuitable (reg 24), full refund if withdrawn within the allowed period (reg 25), pro rata refund after allowed period on unforeseen circumstances (reg 26).
Rights concerning reclassification: if a course is reclassified, transitional rules protect students who commenced units before or after amendment day in defined ways and provide refund entitlements where fees paid exceed new payable amounts (reg 4A(3)-(7)).

Specific financial limits and fee rules

Admissions experience assessment fee capped at $70 (reg 10(2)). Late application fee is $75 (Schedule 1 item 1; reg 9(2)). Schedule 1 sets per‑hour rates by category and concessional status (Schedule 1 items 2-6). Annual fee caps apply as per regulation 12.

Procedural protections and limits

Councils may withdraw instalment allowances or cancel enrolment for non‑payment only after 21 days written notice (reg 22(3)-(4)). This provides a minimum procedural window before termination or escalation to debt recovery (reg 22(5)).

Collectively, these duties and rights form an administrative framework combining prescriptive pricing with discretionary relief mechanisms, procedural safeguards on cancellation and avenues for student recourse via refund rules and required written reasons for enrolment refusal.

The regulations do not create a broad spectrum of criminal penalties; enforcement is primarily administrative and civil. The principal enforcement and remedial mechanisms are:

Debt recovery

If a student defaults on instalments or payment arrangements, the governing council may recover unpaid amounts in a court of competent jurisdiction as a debt due to the college (reg 22(5)). This is the primary statutory enforcement tool for fee non‑payment.

Administrative refusal and cancellation

Governing councils may refuse enrolment within 21 days of compliance with enrolment requirements if limited grounds exist: risk of further disciplinary breaches, unpaid fees, or failure to confirm eligible Commonwealth loan/assistance (VET FEE‑HELP/VET student loan) within the required period (reg 18(1)-(2)). Councils may cancel enrolments after the 21‑day period if it becomes apparent that the student will not receive funding (reg 18(2A)).
For instalment non‑payment, councils may withdraw instalment arrangements or cancel enrolment after giving 21 days written notice and where the prior instalment remains unpaid (reg 22(3)-(4)).

Financial penalties and specified fees

The regulations specify fees rather than penalties for certain administrative acts: late application fee $75 (Sch 1 item 1) and Admissions Manager assessment fee for experience‑based selection capped at $70 (reg 10(1)-(2)). Non‑payment is enforced through the operational steps above rather than criminal sanctions.

Publication and transparency obligations

Colleges must publish fee determinations according to Ministerial direction before such determinations have effect (reg 16(2)-(3)). Failure to publish may lead to administrative consequences under the Act (the Act imposes governance and reporting duties on colleges), though the regulations do not specify a sanction within themselves.

Refund entitlements and transitional adjustments

Where a college or the chief executive makes a course cancellation, or a course is reclassified and fees previously paid exceed new payable amounts, students have statutory rights to refunds (reg 24; reg 4A(6)). These are enforceable as monetary claims.

Limited criminal or disciplinary sanctions

The regulations provide for governing council decisions on student discipline risk as grounds for refusing enrolment (reg 18(2)(a)), but they do not expand criminal liability. Any disciplinary sanctions would follow college by‑laws or Act processes, not separate criminal rules in these regulations.

Practical enforcement path

The primary enforcement path is administrative: councils decide on enrolment and instalment status; they must provide notice and reasons for refusal/cancellation (reg 18(1)(b), reg 22(4)). If council steps result in outstanding fees, the college may pursue debt recovery in court (reg 22(5)). There is no express tribunal or internal appeal mechanism in the regulations; remedies would be via internal college processes, administrative law challenge, or civil recovery for unpaid fees.

In summary, enforcement is civil and administrative; monetary recovery, enrolment suspension/cancellation and procedural notice rights are the operative tools. The regulations do not prescribe criminal penalties for non‑compliance by students, nor detailed sanctions for colleges beyond the statutory rights of students (refunds and mandatory publication).

The regulations sit within the Vocational Education and Training Act 1996 framework and incorporate multiple cross‑references to state and Commonwealth legislation and other VET regulations. Significant statutory interactions include:

Vocational Education and Training Act 1996 (WA)

The regulations implement and elaborate functions and powers under the Act. For example, reg 3A prescribes the strategic plan period for colleges for the purposes of Act s 43(1) (reg 3A). Regulation 16A refers to the supply of services on a fee‑for‑service basis under section 37(1)(bb) of the Act (reg 16A(1)) and reg 3AA(1)(a) references accreditation under section 58C of the Act for nominal hours.

School and child welfare legislation

Secondary school‑aged persons and final year students are defined with reference to the School Education Act 1999 and its definitions of compulsory education and final terms, affecting fee exemptions (reg 3(1) definitions; regs 12, 13(3)-(4)). Regulation 14 exempts students in state care and expressly references the Children and Community Services Act 2004 section 3 and section 30 in relation to CEO care (reg 14(1)-(2)).

Commonwealth migration and social security law

Regulation 15A contains a detailed list of visa subclasses and conditions which determine whether a student is an "Australian resident" for fee purposes; those visa definitions refer to the Migration Act 1958 and Migration Regulations 1994 (reg 15A(1A)-(1B)). Concession eligibility references federal programs and instruments: Health Care Card, Pensioner Concession Card, AUSTUDY and ABSTUDY as described in the Student Assistance Act 1973, Workforce Australia participation and Parent Pathways (reg 20(2)).
The regulation also references VET FEE‑HELP and VET student loans in the enrolment refusal/cancellation provisions (reg 18(2)(c), (2A)), creating an operational dependency on Commonwealth loan confirmation processes.

Vocational Education and Training (General) Regulations 2009

Regulation 3AA(1)(b) expressly refers to listed units of competency that form part of a listed training package as defined by the Vocational Education and Training (General) Regulations 2009 reg 4, tying nominal hours for certain units to Ministerial approval under the VET General Regulations.

Accreditation and corresponding laws

Nominal hours for units accredited under corresponding laws (other jurisdictions’ laws) are recognised (reg 3AA(1)(c)), enabling portability of accreditation details for multi‑jurisdictional courses.

Interplay with college by‑laws and Act governance

While the regulations set fee structures and procedural rules, colleges’ by‑laws and the Act’s governance provisions determine discipline procedures and other operational detail. Regulation 18 allows refusal of enrolment for breaches of discipline or by‑laws, subject to the governing council’s assessment (reg 18(2)(a)). Publication of determinations is required in the manner directed by the Minister under s 11 of the Act (reg 16(2)).

Transitional and amendment instruments

Regulation 4 and 4A allow the chief executive to classify and reclassify courses by instrument, and reg 32 provides a specific transitional power to amend the 2020 instrument to introduce category 6 and consequential amendments (reg 32).

Practical effect of these interactions

Fee liabilities depend on both state regulation (Schedule 1, reg 11, reg 12) and Commonwealth status of the student (reg 15A) because visa subclasses determine whether the Ministeral non‑resident fee regime applies. Concessions depend on federal entitlements and programs, but the onus of proof falls to the student to satisfy the governing council (reg 20(3)). Accreditation and nominal hours interact with Commonwealth/other State accreditation regimes under the Act and VET General Regulations, affecting fee calculations and disclosure obligations (reg 3AA).

For practitioners, compliance requires cross‑checking student immigration status and Commonwealth entitlements, harmonising college determinations with the chief executive’s annual classification instrument, and ensuring that publication obligations under the Act (as directed by the Minister) are met to give effect to fee schedules and college determinations.

The regulations have been amended frequently since their inception in 1996. The compilation table records numerous amendment instruments; the following highlights material amendments and their mechanical impact, with specific provisions cited.

Major inserts and structural changes

Introduction of fee architecture and Schedule 1 changes: Regulation 11, implementing a unit‑fee structure for 2021-2026, was inserted in 2016 (reg 11 inserted Gazette 23 Dec 2016). Schedule 1 (unit hourly fees and late application fee) was inserted and amended subsequently (Schedule 1 inserted Gazette 23 Dec 2016; amended 3 Feb 2017 and 22 Oct 2019).
Nominal hours and publicity: Regulation 3AA defining nominal hours and requiring the chief executive to give public notice was inserted in 2013 (reg 3AA inserted Gazette 17 Dec 2013).
Strategic planning period: Regulation 3A prescribing a three‑year strategic plan period for colleges was inserted in 2009 (reg 3A inserted Gazette 22 May 2009).
Course categories and reclassification: The current classification regime (reg 4) has been amended multiple times (Gazette notes across 2009, 2013, 2017, 2019 and SL 2020/109, 2020/200 and 2021/143). Regulation 4A (reclassification and transitional rules) was inserted by SL 2020/109 and amended by subsequent 2020 and 2021 instruments (reg 4A inserted: SL 2020/109 r.6; amended SL 2020/200 r.6; SL 2021/143 r.6).
Overseas student fee rules: Regulation 15A, setting out treatment of overseas students and visa subclass lists for Australian resident status for fee purposes, dates to 1999 but has been amended many times to add visa subclasses and update criteria (reg 15A inserted Gazette 13 Apr 1999; numerous amendments listed including SL 2022/203, SL 2024/1, SL 2024/230, SL 2025/186).
Fee caps: Regulation 12 introducing annual course fee caps, including the $7,860 cap for specified Diploma/Advanced Diploma courses and caps for category 5 and concessional/youth students, was inserted in October 2019 (reg 12 inserted Gazette 22 Oct 2019 p. 3731‑2) and later amended (SL 2020/84, SL 2020/190, SL 2020/200, SL 2022/203).
Fee‑for‑service and other fees: Regulation 16A (fee for service) was inserted in 2015 to account for s 37(1)(bb) services (reg 16A inserted Gazette 11 Dec 2015). Regulation 16 retains the college power to determine other fees and sets publication direction obligations (reg 16(1)-(3); amended 2015).

Refund and withdrawal regime

Refund and withdrawal provisions (regs 24-26, 24A, 24B) were inserted across 2010 and 2014 amendments to formalise allowed periods, pro rata refunds and withdrawal procedures, including the required allowed period of no less than 20% of the unit (reg 25(3); regs 24A, 24B inserted Gazette 19 Jan 2010).

Administrative and governance updates

Parts relating to seals and seal books (regs 27-31) have been in place and continue to be statutory requirements for colleges (regs 27-31).
Transitional provisions for the 2020 amendments (reg 32) permit the chief executive to amend the 2020 instrument to introduce category 6 and consequential changes (reg 32 inserted SL 2020/84 r.10).

Compilation table and continuous amendments

The compilation table appended to the printed instrument records amendments across many year‑specific regulations and statutory instruments (see the compilation table entries from 1997 through SL 2025/186). The table shows repeated refinements to fee structures, concession categories, visa subclass lists and the introduction of the unit‑based fee model.

What this history signals mechanically

The regime has shifted from course‑based to unit/hour‑based pricing (as of the 2016-2017 amendments and reg 11). The state has progressively formalised targeted fee caps and concessions (reg 12 inserted 2019), added precise treatment for overseas students (reg 15A across many amendments) and introduced explicit administrative consumer protections for refunds and withdrawals (2010 and 2014). The chief executive’s classification power has been expanded and made more flexible, with reclassification rules added in 2020 (reg 4A).

For practitioners, the amendment history is relevant because fee liabilities and student rights have changed over time; transitional rules (reg 4A and reg 32) must be considered when dealing with students whose course units straddle amendment days.

The regulations themselves, as compiled, do not refer to or cite any reported judicial decisions. The compilation table records amendment instruments and enactment dates; it does not record court proceedings. The instrument contains no statutory provision creating an internal appeal body for fee disputes or enrolment refusals; therefore, disputes about the application of these regulations are likely to be litigated, if at all, through:

Administrative law channels (judicial review) challenging the exercise of a public power by the chief executive, Minister or governing council where procedural fairness or jurisdictional error is alleged.
Contract or debt recovery proceedings in a court of competent jurisdiction for unpaid fees where the college seeks to recover sums (reg 22(5)).
Equity or statutory refund claims where students assert entitlement to refunds under regs 24-26 or reclassification transitions under reg 4A(6).

Because the regulations do not list cases, and the compilation table does not include litigation references, researchers and practitioners seeking precedent must search Western Australian courts, tribunals, the State Administrative Tribunal and relevant Commonwealth databases for reported decisions involving these provisions or the Vocational Education and Training Act 1996. The absence of in‑instrument case citations means one cannot conclude from the text whether particular questions have been judicially tested; a jurisdictional or administrative law challenge is procedurally available where required.

Several technical and operational details create trapdoors for colleges, students and advisers. These are concrete rules that often cause disputes in practice.

Nominal hours and fee calculation linkage

The unit fee depends on nominal hours (reg 3AA(1)), which the chief executive must notify publicly (reg 3AA(2)). If nominal hours are not correctly determined or publicly notified, calculations of fees per unit may be disputed. Practitioners should check the accredited application or corresponding law documentation relied on for nominal hours.

Annual instrument and reclassification timing

The chief executive issues a classification instrument "not later than the beginning of a calendar year" (reg 4(1)). Reclassification may be made by instrument (reg 4A(1)). Transitional rules mean fees for units commenced before amendment day are generally preserved (reg 4A(3)), but there are nuanced exceptions for category 5 courses (reg 4A(4)-(5)). If students have paid for units that straddle an amendment day, refund entitlements may arise under reg 4A(6). Colleges and advisers must track amendment days to determine which fee regime applies.

Enrolment requires payment or satisfactory arrangement

A person is only enrolled if they have lodged a completed form and either paid or arranged, to the college’s satisfaction, payment of course fees and any other charges (reg 17(2)(b)). The "to the satisfaction of the college" standard is subjective; colleges should document objective criteria for what counts as a satisfactory arrangement to avoid disputes.

Allowed period for full refunds is college‑set but bound

Colleges set the allowed period for each unit but it must end no less than 20% through the unit (reg 25(3)). A college that sets an allowed period shorter than statutory minimum risks refund claims. Students may inadvertently miss the allowed period and require proof of "unforeseen circumstances" for a pro rata refund (reg 26).

Concession proof burden

The onus is on the person to establish entitlement to concessions to the satisfaction of the governing council (reg 20(3)). Colleges may reasonably require documentary proof; students who cannot provide timely evidence risk paying the higher fee until the council is satisfied.

Instalments and 21‑day notice

Councils can withdraw instalment permissions or cancel enrolments for non‑payment only after giving 21 days written notice and where prior instalments remain unpaid (reg 22(3)-(4)). Failure to strictly comply with the notice requirement can expose a council to procedural challenge and may affect the legality of a cancellation.

Overseas student definitions tied to visa subclasses

Regulation 15A lists specific visa subclasses that qualify a student as an Australian resident for fee purposes (reg 15A(1A)). That list can become outdated if Commonwealth migration law changes. Colleges must maintain up‑to‑date verification procedures and monitor migration law changes.

Ministerial fee determinations for non‑residents

The Minister can determine different fees for different students, courses, units and colleges based on many factors (reg 15A(3)). For non‑resident students, the college’s published fee may be subject to a separate Ministerial determination, which creates potential for conflict if publication or communication to the student is incomplete.

Refund triggers for schedule/time changes

A full refund is guaranteed if a course or unit is cancelled or if, after commencement, there's a change in scheduled day/time and the student withdraws because the new time is unsuitable (reg 24). Administrative errors in timetabling that change scheduled times can therefore generate refund liabilities.

Lack of an internal statutory appeal mechanism

The regulations place many discretionary decisions (concessions, exemptions, instalments, enrolment refusals) with governing councils without prescribing an appeal route. Aggrieved students may assert administrative law remedies or seek review by tribunals or courts; colleges should maintain clear internal review processes and records to mitigate litigation risk.

Understanding and capturing these technical points in processes, documentation and communications will reduce disputes and ensure compliance with statutory timing and notice requirements.

This section offers a practical compliance checklist, organised by actor, and maps specific regulatory obligations to tangible actions, templates and monitoring needs. Citations refer to the regulations.

For colleges and governing councils

Publish and operationalise the chief executive’s annual classification instrument. Ensure receipt and internal dissemination of the instrument issued under reg 4(1) before the start of the calendar year, and align enrolment, fee scheduling and marketing materials accordingly (reg 4(1)). Maintain a changelog for any reclassification instruments under reg 4A and apply reg 4A transitional rules to students whose units straddle amendment days.
Implement nominal hours disclosure. Obtain nominal hours data for all units (reg 3AA(1)), verify against accreditation documents, and publish nominal hours on the college website or other public notice channels as decided by the chief executive (reg 3AA(2)). Ensure the fee calculation engine multiplies nominal hours by the Schedule 1 per‑hour rates (reg 11(1)).
Fee publication and transparency. Comply with the Minister’s direction on publication of fee determinations (reg 16(2)-(3)). Publish unit fees, annual caps, instalment policies, allowed periods for refunds, and hardship procedures in the student handbook and on the website.
Standardise enrolment scripts and payment arrangements. Require completed enrolment forms and a payment or documented, objective payment arrangement "to the satisfaction of the college" (reg 17(2)(a)-(b)). Use standard template payment arrangement forms that specify instalment amounts, dates, default consequences, and a clause documenting the college’s satisfaction criteria to avoid disputes.
Instalment and non‑payment procedures. Adopt a written 21‑day notice template for non‑payment which identifies outstanding instalments and the date by which the total must be paid, in accordance with reg 22(3)-(4). Retain evidence of posting or delivery to satisfy reg 18(3)'s "sufficient compliance" for notice by post.
Concession and hardship protocols. Create an intake checklist for concession claims under reg 20(2) and hardship applications under reg 21 and 23. Require specified documentary evidence (card numbers, program participation proof, AUSTUDY/ABSTUDY letters, parental program enrolment). Record council deliberations and reasons for granting or refusing concessions and exemptions to provide an audit trail.
Refunds and allowed period settings. For each unit, set the allowed period to be at least 20% into the unit (reg 25(3)). Publish the allowed period dates with enrolment materials. Maintain withdrawal forms (as required by reg 24B) and a process for assessing "unforeseen circumstances" with specified evidence types for reg 26.
Debt recovery and litigation readiness. Have a documented process for escalating unpaid debts to court recovery in compliance with reg 22(5). Ensure internal compliance with collection law and fair‑debt practices before commencing court action.
Admissions and late applications. Designate an Admissions Manager (reg 7), document the selection process, and publicly state the late application cut‑off and the $75 late fee (reg 9(2), Schedule 1 item 1). If assessing experience rather than prior education, ensure any fees charged do not exceed $70 (reg 10(1)-(2)).
Overseas student checks. For students claiming Australian resident status under reg 15A(1A), verify visa subclass and document evidence (passport stamping, visa grant letters). For non‑residents, apply any Ministerial determination and publish the corresponding fee schedule (reg 15A(1)-(3)).
Records, seals and governance compliance. Keep the common seal in safe custody under the managing director (reg 28), only affix the seal following governing council resolution (reg 29), and maintain a seal book recording all uses (reg 31). Keep minutes and written reasons for enrolment refusals and cancellations to satisfy reg 18.

For students and applicants

Establish entitlement early. If you claim a concession under reg 20, have your documentary evidence ready for the governing council and lodge it with your enrolment to avoid paying higher fees (reg 20(3)).
Understand enrolment prerequisites. Lodge a completed enrolment form and pay or have an agreed payment plan recorded to be enrolled (reg 17(2)). If relying on Commonwealth loan assistance (VET FEE‑HELP or VET student loan), ensure the college has confirmed your eligibility within the required period; otherwise reg 18 permits refusal or cancellation.
Monitor allowed periods and withdraw in time. Check the unit's allowed period (minimum 20%) for a full refund (reg 25). If you withdraw after the allowed period, be prepared to provide convincing evidence that circumstances were unforeseen for a pro rata refund (reg 26).
Keep immigration documentation current. Overseas students should ensure visa documentation aligns with reg 15A(1A) if they seek Australian resident fee treatment; otherwise expect non‑resident fees possibly set by Ministerial determination (reg 15A).
Seek written reasons and records for refusals. If enrolment is refused or cancelled, the college must give written notice of its decision and reasons within 21 days where applicable (reg 18(1)-(3)). Preserve correspondence for any administrative review or tribunal application.

Operational checklist (short)

Confirm chief executive classification instrument and schedule of nominal hours at the start of each year (reg 4(1), reg 3AA(2)).
Align internal fee calculators to nominal hours × Schedule 1 per‑hour rates, and implement annual caps (regs 11, 12, Schedule 1).
Publish fee determinations per Ministerial direction before they take effect (reg 16(2)-(3)).
Implement written instalment agreements, 21‑day notice templates, and debt recovery escalation (reg 22).
Maintain concession evidence protocols and hardship application templates (regs 20-23).
Set and publish allowed periods (minimum 20%) and withdrawal form processes (reg 25(3), reg 24B).
Record decisions, minutes and seal book entries (regs 29-31).

Compliance risk areas to prioritise

Accurate and timely publication of nominal hours and fee determinations (reg 3AA(2), reg 16(2)-(3)).
Transparent, documented criteria for "satisfaction of the college" in payment arrangements (reg 17(2)(b)).
Rigid adherence to 21‑day notice requirements before withdrawing instalment arrangements or cancelling enrolment (reg 22(3)-(4)).
Careful handling of reclassification transitions to ensure refunds or fee adjustments per reg 4A(3)-(7).

Following these steps will reduce legal exposure, ensure statutory entitlements are respected and make administrative decision‑making defensible if challenged.

Deep Dive

What it does

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