Higher Education Support Act 2003 - VET Administration Guidelines (29/03/2012)

Link to law: https://www.comlaw.gov.au/Details/F2012L00739

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VET Administration Guidelines
 
 
Higher Education Support Act 2003
 
 
I, CHRIS EVANS, Minister for Tertiary Education, Skills, Science and Research, make these VET Administration Guidelines under subclause 99(1) of Schedule 1A to the Higher Education Support Act 2003.
 
 
 
Dated this        29th      day of              March              2012
 
 
 
 
 
 
            signed
__________________________________________
CHRIS EVANS
Minister for Tertiary Education, Skills, Science and Research
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Higher Education Support Act 2003
 
 
VET ADMINISTRATION GUIDELINES
 
 
 
 
 
 
 
 
 
 
1         Citation
 
This legislative instrument may be cited as the VET Administration Guidelines.
 
2         Authority
 
These Guidelines are made pursuant to Item 4 of the table in subsection 99(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act) to provide for matters set out in Part 3 of Schedule 1A of the Act.
 
3         Commencement
 
This legislative instrument commences on the day after registration on the Federal Register of Legislative Instruments.
 
4         Revocation
 
The VET Administration Guidelines made on 22 May 2008, registered number F2008L01958, and registered on 4 June 2008 is revoked.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
COMMONWEALTH OF AUSTRALIA
 
Higher Education Support Act 2003
 
 
VET ADMINISTRATION GUIDELINES
 
 
TABLE OF CONTENTS
 
CHAPTER 1   INTERPRETATION   4
CHAPTER 2   NOTICE TO STUDENTS   5
CHAPTER 3   CENSUS DATE PUBLICATION REQUIREMENTS   7
CHAPTER 4   ELECTRONIC COMMUNICATION   10
 

CHAPTER 1     INTERPRETATION
 
1.1.1      In these Guidelines, unless the contrary intention appears, terms used have the same meaning as in the Higher Education Support Act 2003.
 
1.1.2      Terms in these Guidelines that are in italics have the meanings given in paragraph 1.1.3 of these Guidelines.
 
1.1.3      In these Guidelines, unless the contrary intention appears:
 
Act has the same meaning given by the VET Provider Guidelines
 
business day has the same meaning given by the VET Provider Guidelines
 
census date means the date after which a VET student incurs a debt for the VET unit of study in which they are enrolled
 
Department has the same meaning given by the VET Provider Guidelines
 
Guidelines means these VET Administration Guidelines
 
notice means a notice entitled ‘Commonwealth Assistance Notice’, as specified in Chapter 2 of these Guidelines
 
published census date has the meaning given in paragraph 3.3.1 of these Guidelines
 
VET FEE-HELP loan fee means the 20 percent fee applied to a
VET FEE-HELP loan for the purposes of subsection 137-18(2) to the Act
 
VET student means a student who is entitled to VET FEE-HELP assistance under clause 43 of Schedule 1A to the Act
 
 
 
 

CHAPTER 2             NOTICE TO STUDENTS
 
2.1         PURPOSE
 
2.1.1      This chapter specifies the notice requirements under clause 64 of Schedule 1A to the Act. A VET provider must give a notice to a person who is enrolled with the VET provider for a VET unit of study and who is seeking Commonwealth assistance under Schedule 1A to the Act for that unit.
 
2.2         NOTICES THAT A VET PROVIDER MUST GIVE TO A PERSON
 
2.2.1      A VET provider must give a notice to any person enrolled in accordance with paragraph 2.1.1 of these Guidelines.
 
2.3         INFORMATION THAT A NOTICE MUST CONTAIN
 
2.3.1      The notice must include the title ‘Commonwealth Assistance Notice’.
 
2.3.2      For each VET unit of study, the notice must include the following information for each person’s enrolment:
 
a)         the person’s name;
 
b)         the name of the VET provider;
 
c)         the person’s student identification number as issued by the VET provider;
 
d)         the person’s Commonwealth Higher Education Student Support Number (CHESSN);
 
e)         the VET unit(s) and VET course(s) of study in which the person is enrolled with the VET provider;
 
f))      the VET unit of study identification code;
 
g)      the census date;
 
h)      the VET tuition fee amount;
 
i)        the amount of up-front VET tuition fee payment, as applicable;
 
j)        the amount of VET FEE-HELP assistance;
 
k)      the amount of the VET FEE-HELP loan fee; and
 
l)        the amount of VET FEE-HELP debt.
 
2.3.3      Where the information required under subparagraphs 2.3.2(g) and 2.3.2(h) is identical in respect of all of the VET units of study to which the notice applies, that information may be provided for in the one notice.
 
 
 
2.3.4      A notice must prominently display the following statements:
 
“It is your responsibility to ensure that you have sufficient FEE-HELP balance to cover the VET FEE-HELP amounts indicated in this notice.  You are eligible for the amounts of VET FEE-HELP assistance contained in this notice only if you have sufficient FEE-HELP balance to cover those amounts.”
 
and
 
“The information regarding Commonwealth assistance contained in this notice is correct only insofar as you have correctly advised this VET provider of your entitlement to that assistance under the
Higher Education Support Act 2003.”
 
2.3.5      A notice must include information on the person’s right, under subclauses 65(2) to 65(4) of Schedule 1A to the Act, to request the correction of information contained in the notice.
 
2.4         PERIOD WITHIN WHICH A NOTICE MUST BE GIVEN
 
2.4.1      A notice must be given within 28 days of the census date indicated in the notice under subparagraph 2.3.2(g).
 
CHAPTER 3     CENSUS DATE PUBLICATION REQUIREMENTS
 
3.1         PURPOSE
 
3.1.1      This chapter sets out the requirements for the:
 
a)         periods under subclause 67(1) of Schedule 1A to the Act;
 
b)         publication of a census date by a VET provider in accordance with     subclause 67(3) of Schedule 1A to the Act; and
 
c)         variation of a published census date in accordance with subclause 67(4) of Schedule 1A to the Act. 
 
3.2         PERIODS TO WHICH THE REQUIREMENTS FOR CENSUS DATES APPLY
 
3.2.1      For the purposes of subclause 67(1) of Schedule 1A to the Act:
 
a)      the first period of a year commences on the 1st of January and ends on the 30th of June of that year; and
 
b)      the second period of a year commences on the 1st of July and ends on the 31st of December of that year.
 
3.3       PUBLICATION OF CENSUS DATES
 
3.3.1      VET providers must publish the census date (“published census date”) for a VET unit of study, which:
 
a)     meets the course requirements under subclause 45(1) of Schedule 1A to the Act; and
b)     does not include a unit being undertaken only through a VET restricted access arrangement;
 
as follows:
 
i)       by the 1st of April of a year for a VET unit of study with a census date in the second period of that same year; and
 
ii)       by the 1st of October of a year for a VET unit of study with a census date in the first period of the following year; or
 
iii)      as otherwise approved in writing by the Secretary.
 
3.3.2      Where a VET provider is making the published census date available only through the Internet or in other electronic format, the VET provider must also provide VET students with access to an information system which the VET student can use to access the information.
 
 
 
3.3.3      For a VET unit of study, which:
 
a)      meets the course requirements under subclause 45(1) of Schedule 1A to the Act; and
 
b)      is a unit being undertaken only through a VET restricted access arrangement;
 
the VET provider must inform and make available to each VET student enrolled in the unit, the census date for the unit within five (5) business days after the date of commencement of the unit.
 
3.4         VARIATION TO A PUBLISHED CENSUS DATE
 
3.4.1      A VET provider may only vary a published census date if:
 
a)      the variation is:
 
i)       necessary in the VET provider’s opinion because of circumstances that did not apply at the time the census date was determined; or
 
ii)       to correct an administrative error; and
 
b)      the VET provider has advised the Department, in writing, of its intention to make the variation at least five (5) business days before making the variation; and
c)      in the VET provider’s reasonable view, the variation:
i)       does not disadvantage a VET student, or person seeking to enrol in the VET unit of study; and
ii)       is prior to the census date of the VET unit of study; or
 
 
d)         in the VET provider’s reasonable view, the variation will disadvantage a VET student enrolled, or a person seeking to enrol, in the VET unit of study affected by the variation, and the date is more than two months before the earlier of:
i)          the date of commencement of the VET unit of study; and
 
ii)         the last date that a person can enrol in the VET unit of study         without incurring a late enrolment fee.
 
e)         Paragraph 3.4.1(d) does not apply to a VET unit of study being undertaken under a VET restricted arrangement.
 
3.4.2      Where the variation does disadvantage a VET student enrolled or a person seeking to enrol and is made after the date ascertained in accordance with subparagraph 3.4.1(d), the variation must be approved by the Minister in writing in accordance with subclause 67(4) of Schedule 1A to the Act.
 
3.4.3      Without limiting subparagraphs 3.4.1(c) and 3.4.1(d) of these Guidelines, a VET student or person will be disadvantaged by a variation that brings the published census date forward in time.
 
3.4.4      A VET provider that varies a published census date must publish the varied census date no later than ten (10) business days after making the variation.
 
3.4.5      The requirements under paragraph 3.3.2 of these Guidelines also apply to the publication of a varied census date.
 
3.4.6      Where the Minister has approved a variation to a published census date in accordance with paragraph 3.4.2 of these Guidelines, the VET provider must publish the varied census date no later than ten (10) business days after the day the Minister gives approval for the variation. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CHAPTER 4 ELECTRONIC COMMUNICATION
 
4.1         PURPOSE
 
4.1.1      This chapter sets out the requirements:
 
a)      under subclause 70(1) of Schedule 1A to the Act, for information technology requirements for the electronic communication of information and documents between VET students and VET providers;
 
b)      under subclause 70(2) of Schedule 1A  to the Act, for electronic communication from a VET student to a VET provider, for:
 
i)       unique identification of the VET student in an electronic form; and
 
ii)       methods that may be used by VET students to identify themselves, and indicate their approval of the information communicated.
 
4.2         INFORMATION TECHNOLOGY REQUIREMENTS
 
4.2.1      Where the Act requires or permits a notice, or other document, to be given by a VET student to a VET provider and that information is given by way of facsimile, email, web-based communication or any other form of electronic communications specified by the VET provider, the information system used for providing that information must be:
 
a)      accessible by the VET student.  An information system is accessible by the VET student if the VET provider has:
 
i)       informed the VET student that the communication in question will occur by electronic means using the information system; and
 
ii)       given the VET student the authority to use the information system;
 
b)      secure, so that a VET student’s information can be accessed only by persons authorised by the VET provider;
 
c)      able to store the notice, document or information so that it is readily accessible to the VET student;
 
d)      accessible in respect of requests for Commonwealth assistance under Schedule 1A to the Act where, in the case of a VET student submitting an electronic request for Commonwealth assistance:
 
i)       the VET student must use a unique identifier outlined in the request for Commonwealth assistance; and
 
ii)       the system must automatically generate a date field on the request; and
 
e)      able to generate a printable receipt for the VET student.
 
 
4.2.2      Where the Act requires or permits a notice, or other document, to be given by a VET provider to a VET student and that information is given by way of facsimile, email, web-based communication or any other form of electronic communications specified by the VET provider, the information must be given in accordance with the following requirements:
 
a)      the VET student is directly informed that the communication in question will occur by electronic means;
 
b)      the VET student is given authority to use an information system for generating, sending, receiving, storing or otherwise processing the electronic communication; and
 
c)      the information system stores the notice, document or information sent to the VET student so that it is readily accessible by the VET student.
 
4.3         ELECTRONIC COMMUNICATION REQUIREMENTS
 
4.3.1      Where a VET student is required to provide an electronic communication to a VET provider that is required to be signed, the VET provider must have in place a method the VET student can use to uniquely identify himself or herself in the communication and to indicate his or her approval of the information communicated.
 
4.3.2      Where a VET student is required under Schedule 1A of the Act to provide a signature to a VET provider and the VET student acts in accordance with a method allowed for in paragraph 4.3.1 of these Guidelines, the VET student is taken to have met that requirement.
 
4.3.3      A method that a VET student can use to uniquely identify himself or herself may involve the VET student using a unique, personal identifier, issued to the VET student by the VET provider.  In relation to issuing an identifier to a VET student, a VET provider must:
 
a)      first verify the identity of the person to whom the identifier is to be issued; and
 
b)      take all reasonable precautions to ensure that there is no unauthorised access to, or use of, the identifier; and
 
c)      ensure that the VET student is advised that, apart from the VET provider’s obligations under subparagraphs 4.3.3 a) and 4.3.3 b), the VET student is personally responsible for protecting the unique identifier.