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VET Student Loans Rules 2016
In force
Administered by
Department of Employment and Workplace Relations
This item is authorised by the following title:
VET Student Loans Act 2016
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F2017C00602 C01
30 June 2017
-
01 September 2017
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Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
5 Meaning of genuine student
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Part 2—Loans to students
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Division 1—Courses
6 Purpose of this Division
7 Kinds of courses
8 Course content and activities must be necessary
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Division 2—Applications for loans
9 Purpose of this Division
10 Applications for loans
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Part 3—Paying and repaying loan amounts
11 Purpose of this Part
12 Amount of VET student loan debt
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Part 4—Course provider requirements
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Division 1—Meaning of provider
13 Meaning of provider
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Division 2—Fit and proper person requirements
14 Purpose of this Division
15 Compliance with the law
16 Meaning of key personnel
17 Financial record
18 Management record
19 Provision of information
20 Previous conduct and involvements
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Division 3—Provider suitability requirements
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Subdivision A—Purpose of this Division
21 Purpose of this Division
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Subdivision B—General requirements
22 General requirements
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Subdivision C—Financial performance
23 Financial performance
24 Dividends and related party transactions
25 Insurance
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Subdivision D—Management and governance
26 Management and governance
27 Key personnel and advisers
28 Paying commissions to staff
29 Compliance with laws
30 Provider must meet certain standards
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Subdivision E—Experience and course offerings
31 Experience in providing vocational education and training
32 Minimum course offerings
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Subdivision F—Student outcomes
33 Completion rates
34 Student support
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Subdivision G—Workplace relevance
35 Workplace relevance
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Division 4—Listed course providers taken to meet certain requirements
36 Purpose of this Division
37 Listed course providers taken to meet certain requirements
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Part 5—Approving course providers
38 Purpose of this Part
39 Applications that will be considered
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Part 6—Tuition assurance arrangements
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Division 1—Approved tuition assurance arrangements
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Subdivision A—Purpose of this Division
40 Purpose of this Division
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Subdivision B—Operator must be approved
41 Operator must be approved
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Subdivision C—Fit and proper person requirements
42 Purpose of this Subdivision
43 Compliance with the law
44 Meaning of key personnel
45 Financial record
46 Management record
47 Previous conduct and involvements
48 Previous provision of tuition assurance
49 Other relevant matters
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Subdivision D—Other requirements
50 Corporate separation requirements
51 Student enrolment information
52 Information about events that affect provider
53 Notice and information when course ceases
54 Replacement courses
55 Obligations to covered students must continue
56 Secretary’s consent to variation
57 Notice of termination
58 Transitional period for tuition assurance arrangements
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Division 2—Secretary requiring tuition assurance scheme operator to act
59 Purpose of this Division
60 Deciding whether a course has ceased
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Division 3—Requirements for tuition assurance scheme operators
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Subdivision A—Purpose of this Division
61 Purpose of this Division
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Subdivision B—General operation of tuition assurance arrangement
62 Information or documents to be given by operator to Secretary
62A Secretary may request information (1) The Secretary may, by notice in writing, require a tuition assurance scheme operator to give the Secretary information or documents that relate to: (a) the provision and operation of a tuition assurance arrangement by the operator; (b) the operator’s role in facilitating tuition assurance for the students of an approved course provider; (c) the operator’s compliance with this Act. (2) The information or documents must be provided: (a) in the form specified in the notice, which may be a statutory declaration; and (b) in accordance with other requirements specified in the notice. 63 Secretary may require tuition assurance scheme operator to be audited
64 Tuition assurance scheme operator must notify Secretary of approved course provider actions
65 Variation of tuition assurance arrangement
66 Termination of tuition assurance arrangement by tuition assurance scheme operator
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Subdivision C—Operation of tuition assurance arrangement when course ceases
67 Application of this Subdivision
68 Contact with students when course ceases
69 Requirements of replacement tuition offer
70 Requirements if no response from student to replacement tuition offer
71 Requirements of notice that there is no replacement course
72 Operator must provide review procedures
73 Repayment and re-crediting
74 Information to be provided to Secretary
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Part 7—Other requirements for approved course providers
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Division 1—Processes and procedures
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Subdivision A—Preliminary
75 Purpose of this Division
76 Processes and procedures an approved course provider must have in place
77 Approved course provider must act in accordance with processes and procedures
78 Approved course provider must train officers on processes and procedures
79 Approved course provider must publish processes and procedures on its website
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Subdivision B—Student entry
80 Academic suitability
81 Results of assessments of competence in reading and numeracy for the purposes of paragraph 80(2)(b)
82 Assessment of competence in reading and numeracy for the purposes of paragraph 80(2)(b)
83 Review of Secretary’s decision
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Subdivision C—Course enrolment
84 Equal and fair treatment of students seeking to enrol
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Subdivision D—Information relating to applications for VET student loans
85 Processes and procedures for information relating to applications for VET student loans
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Subdivision E—Withdrawal from courses and cancellation of enrolment
86 Processes and procedures for student to withdraw from approved course
87 Processes and procedures for cancellation of enrolment
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Subdivision F—Dealing with complaints
88 Grievance procedure
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Subdivision G—Re-crediting FEE-HELP balances
89 Explaining re-crediting
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Subdivision H—Treatment of students seeking review etc.
90 No victimisation or discrimination of students for seeking review etc.
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Subdivision J—Tuition assurance
91 Action when provider ceases to provide course
92 Procedures as replacement provider
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Subdivision K—Fees
93 Fees other than tuition fees
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Subdivision L—Handling information
94 Handling information
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Division 2—Specified broker arrangements
95 Purpose of this Division
96 Specified broker arrangements
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Division 3—Information for students
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Subdivision A—Purpose of this Division
97 Purpose of this Division
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Subdivision B—General information
98 Providing information before enrolment
99 VET student loan fee notice
100 Commonwealth assistance notice
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Subdivision C—Information about tuition assurance
101 Provider must publish statement of tuition assurance
102 Content of statement—provider other than assurance exempt provider
103 Content of statement—assurance exempt provider
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Division 4—Retaining information and documents
104 Purpose of this Division
105 Information and documents to be retained for 5 years
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Division 5—Ongoing information requirements
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Subdivision A—Purpose of this Division
106 Purpose of this Division
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Subdivision B—Notice of events
107 Student does not want fees to be paid using loan
108 Termination of tuition assurance arrangement by approved course provider
109 Event affecting capacity to comply with Act
110 Changes to provider
111 Other events
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Subdivision C—Other information
112 Information about students enrolled in approved course that provider has ceased to provide
113 Annual financial statements
114 Copies of notices given to other regulators
115 Fees for approved courses
116 Annual forecasts
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Division 6—Tuition fees
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Subdivision A—Determining tuition fees
117 Purpose of this Subdivision
118 Matters an approved course provider must not have regard to in determining tuition fees
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Subdivision B—Charging of tuition fees by Table A providers
119 Purpose of this Subdivision
120 Charging of tuition fees by Table A providers
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Subdivision C—Charging of tuition fees by other approved course providers
121 Purpose and application of this Subdivision
122 Proportionately spreading tuition fees over periods of the course
123 Fee periods
124 Exemption from complying with this Subdivision to comply with State or Territory subsidy funding arrangements
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Subdivision D—Varying tuition fees
125 Purpose of this Subdivision
126 Varying tuition fees
127 Publishing variation of tuition fees
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Subdivision E—Statement about covered fees
128 Purpose of this Subdivision
129 Requirements for statement about covered fees
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Division 7—Census days
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Subdivision A—Purpose of this division
130 Purpose of this Division
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Subdivision B—Determining census days
131 Determining census days
132 Publishing determination of census days
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Subdivision C—Varying census days
133 Varying census days
134 Publishing variation of census days
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Division 8—Marketing
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Subdivision A—Offering certain inducements
135 Purpose of this Subdivision
136 Benefits that may be offered
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Subdivision B—Use of third party contact lists
137 Purpose of this Subdivision
138 Use of third party contact lists
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Subdivision C—Other marketing requirements
139 Purpose of this Subdivision
140 Information that must be provided
141 Information about fees
142 Marketing that mentions VET student loans
143 Marketing through social media
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Part 8—Re-crediting FEE-HELP balances
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Division 1—Re-crediting by course provider
144 Purpose of this Division
145 Circumstances to which the provider must have regard
146 Circumstances to which the provider may have regard
147 Special circumstances application in relation to replacement component of replacement course
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Division 2—Re-crediting by Secretary
148 Unacceptable conduct relating to an application for a VET student loan
149 Requirements for application to Secretary to re-credit student’s FEE-HELP balance
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Part 9—General provisions
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Division 1—Electronic communication
150 Purpose of this Division
151 Electronic communication—identification requirements
152 Electronic communication between students and the Commonwealth
153 Electronic communication between students and approved course providers
154 Communication systems requirements
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Division 2—Cap on amount of VET student loans
155 Cap on amount of VET student loans