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VET Student Loans Act 2016
In force
Administered by
Department of Employment and Workplace Relations
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C2025C00474 C14
03 August 2025
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Part 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Objects
5 Simplified outline of this Act
6 Definitions
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Part 2—Loans to students
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Division 1—Secretary may approve loans
7 Secretary may approve loans
8 Amount of loan
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Division 2—Eligible students
9 Eligible students
10 Enrolment and loan application
11 Citizenship and residency
12 Academic suitability
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Division 3—Approved courses
13 Approved courses
14 Kinds of courses
15 Provision and delivery
16 The courses and loan caps determination
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Division 4—Applications for loans
17 Applications for loans
18 Decisions about loans
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Part 3—Paying and repaying loan amounts
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Division 1—Paying loan amounts
19 Loan must be used to pay tuition fees
20 When Secretary is not required to pay loan amount
21 Notice about payment of loan amount
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Division 2—Repaying loan amounts
22 When course provider must repay loan amount
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Part 3A—VETSL debts
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Division 1—Simplified outline of this Part
23AA Simplified outline of this Part
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Division 2—VETSL debts
23BA VETSL debt
23BAA Reduction in VETSL debts incurred between 1 January and 1 June 2025
23BB VETSL debt discharged by death
23BC Notice to Commissioner
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Division 3—Accumulated VETSL debts
23CA Simplified outline of this Division
23CB Stage 1—working out a former accumulated VETSL debt
23CC Stage 2—working out an accumulated VETSL debt
23CCA Reduction in VETSL debts incurred before 1 January 2025
23CD Rounding of amounts
23CE Accumulated VETSL debt discharges earlier debts
23CF Accumulated VETSL debt discharged by death
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Division 4—Voluntary discharge of debt
23DA Voluntary repayments
23DB Application of voluntary repayments
23DC Refunding of payments
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Division 5—Compulsory discharge of debt
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Subdivision A—Compulsory repayments
23EA Compulsory repayments
23EB Repayable VETSL debt for an income year
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Subdivision B—Levy for overseas debtors
23EC Liability of overseas debtors to repay amounts
23ED Notices to be given to the Commissioner
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Subdivision C—Assessments
23EE Commissioner may make assessments
23EF Notification of notices of assessment of tax
23EG Commissioner may defer making assessments
23EH Commissioner may amend assessments
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Division 6—Application of tax legislation
23FA Returns, assessments, collection and recovery
23FB Charges and civil penalties for failing to meet obligations
23FC Pay as you go (PAYG) withholding
23FD Pay as you go (PAYG) instalments
23FE Failures to comply with section 23ED
23FF Extent of Commissioner’s general administration of this Act
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Part 4—Approved course providers
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Division 1—Approving course providers
24 Meaning of approved course provider
25 Secretary may approve a body
26 Provider suitability requirements
27 Listed course providers may be taken to meet requirements
28 Application for approval
29 Period of approval
30 Decisions about approval
31 Fees for applications
32 When Secretary is not required to consider application
33 Period of approval extends to cover decision on re-approval
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Division 2—Conditions of approval
34 Secretary may impose conditions
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Division 3—Revoking and suspending approvals
35 Automatic revocation on winding up
35A Automatic revocation if body ceases to be a registered training organisation
36 Secretary may revoke or suspend approval
37 Immediate suspension in certain circumstances
38 Secretary must revoke approval on provider request
39 Secretary to notify relevant VET Regulator and VSL Tuition Protection Director if approval is revoked or suspended
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Division 4A—External dispute resolution
42A Minister may specify external dispute resolution scheme
42B Meaning of approved external dispute resolution scheme
42BA External dispute resolution scheme—VET Student Loans Ombudsman
42C Approved course provider must comply
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Division 5—Ensuring compliance
43 Compliance notices
44 Varying and revoking compliance notices
45 Compliance audits
46 Approved course provider must cooperate
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Part 5—Other requirements for approved course providers
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Division 1—General
47 Conditions of approval and course provider requirements
48 Provider must have certain processes and procedures
49 Provider must not use broker or agent
49A VSL tuition protection levy
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Division 2—Information
50 Information for students
51 Retaining information and documents
52 Ongoing information requirements
53 Secretary may request information
54 Dealing with personal information
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Division 3—Fees
55 Determining tuition fees
56 Student not liable for covered fees
57 Publishing tuition fees
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Division 4—Census days
58 Determining and publishing census days
59 No penalty for cancelling enrolment before census day
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Division 5—Marketing
60 Misrepresenting VET student loans
61 Offering certain inducements
62 Engaging in cold-calling
63 Use of third party contact lists
64 Other marketing requirements
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Division 6—Personal liability for executive officers
65 Personal liability for executive officers
66 Reasonable steps to prevent offence or contravention
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Part 5A—Tuition protection
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Division 1—Preliminary
66A Application of this Part
66B When an approved course provider defaults in relation to a student
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Division 2—Obligations when a provider defaults in relation to a student
66C Approved course providers must give notice of default to VSL Tuition Protection Director
66D Approved course providers must give notice of default to affected students
66E Student placement service
66F Obligations of providers to provide information about replacement courses
66G Obligations of replacement provider
66H Obligations where there is no replacement course
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Part 5B—VSL Tuition Protection Fund, VSL Tuition Protection Director and VSL Tuition Protection Fund Advisory Board
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Division 1—VSL Tuition Protection Fund
66J Name of Fund
66K Credits to the VSL Tuition Protection Fund
66L Purposes of the VSL Tuition Protection Fund
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Division 2—VSL Tuition Protection Director
66M VSL Tuition Protection Director
66N Functions of the VSL Tuition Protection Director
66P Administrative provisions relating to the VSL Tuition Protection Director
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Division 3—VSL Tuition Protection Fund Advisory Board
66Q Establishment and membership
66R Function of the VSL Tuition Protection Fund Advisory Board
66S Administrative provisions relating to the VSL Tuition Protection Fund Advisory Board
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Part 6—Re-crediting HELP balances
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Division 1—General
67 When HELP balance may be re-credited
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Division 2—Re-crediting by course provider
68 Special circumstances
70 Secretary may act in place of provider
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Division 3—Re-crediting by Secretary other than on discharge of debt
71 When Secretary may re-credit HELP balance
72 Student may apply for re-crediting by Secretary
72A When Secretary must re-credit HELP balance
73 Secretary must invite submissions before re-crediting
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Division 4—Re-crediting by Secretary on discharge or reduction of debt
73A When Secretary must re-credit HELP balance—discharge or reduction of debt
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Part 7—Review of decisions
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Division 1—Reviewable decisions
74 Reviewable decisions
75 When applications are taken to be refused
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Division 2—Reconsideration of reviewable decisions
76 Application for reconsideration
77 Reconsideration without application
78 Reconsideration by delegates of the Secretary or Commissioner
78A Reconsideration by delegates of the VSL Tuition Protection Director
79 Approved course providers must have review officers
80 Review by the Administrative Review Tribunal
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Division 3—Reconsideration of other decisions
81 Reconsideration of other decisions
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Part 8—Regulatory powers
82 Monitoring powers
83 Investigation powers
84 Civil penalty provisions
85 Infringement notices
86 Enforceable undertakings
87 Injunctions
88 Appointment of investigators
89 Delegation of regulatory powers
90 Other enforcement action
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Part 9—Use of information
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Division 1—Authorised use and disclosure of information
91 Use and disclosure by Commonwealth officers
92 Use and disclosure by certain VET officers
93 Disclosure to certain agencies, bodies or persons
94 Disclosure for purposes of law enforcement
95 Disclosure to other bodies for permitted purposes
96 Disclosure of publicly available information
97 Commissioner may disclose VET information
98 This Division does not limit use or disclosure of VET information
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Division 2—Offences for misuse of personal information
99 VET officers
100 Use of personal information for other purposes
101 Unauthorised access to, or modification of, personal information
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Part 10—General provisions
102 Communicating electronically
103 Secretary may publish information
103A Secretary must publish information relating to operation of the VET student loans program
104 Secretary may require a person to provide information about compliance with this Act
104A VSL Tuition Protection Director may require a person to provide information about compliance with Part 5A
105 Secretary may use computer programs to make decisions
105A VSL Tuition Protection Director may use computer programs to make decisions
106 Giving false or misleading information
107 Verifying tax file numbers
108 Contravening offence and civil penalty provisions
109 Certain references to course provider include references to agent
110 Continuing application of Act to certain persons
111 No entitlement to future rights
112 Protection from civil actions
113 Compensation for acquisition of property
113A Review of operation of tuition protection
114 Delegations
115 Appropriation
115A Alternative constitutional basis
116 Rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
