Commonwealth of Australia

 
Higher Education Support Act 2003
 
 
 
 
VET ADMINISTRATION GUIDELINES

 
 
 
 
I, Julia Eileen Gillard, Minister for Education, pursuant to subclause 99 (1) of Schedule 1A of the Higher Education Support Act 2003 (‘the Act’), make the attached VET Administration Guidelines, which provide for matters under Part 3 of Schedule 1A of the Act.
 
 
 
 
 
 
Dated this ………………22………… day of …………May……………… 2008.
 
 
 
 
 
 
                                                                 
JULIA GILLARD
Minister for Education
 
 
COMMONWEALTH OF AUSTRALIA
 
 
Higher Education Support Act 2003
 
 
VET ADMINISTRATION GUIDELINES
 
 
 
 
 
(i)           CITATION
 
These Guidelines may be cited as the ‘VET Administration Guidelines’.
 
 
(ii)          AUTHORITY
 
These Guidelines are made under subclause 99(1) of Schedule 1A of the Higher Education Support Act 2003.
 
 
(iii)         DATE OF EFFECT
 
These Guidelines shall come into effect on the day after registration on the Federal Register of Legislative Instruments (“the Date of Effect”).
 
COMMONWEALTH OF AUSTRALIA
 
Higher Education Support Act 2003
 
 
VET ADMINISTRATION GUIDELINES
 
 
TABLE OF CONTENTS
 
CHAPTER 1   INTERPRETATION   2
CHAPTER 2   NOTICE TO STUDENTS   2
CHAPTER 3   PUBLICATION REQUIREMENTS FOR CENSUS DATES   2
CHAPTER 4   ELECTRONIC COMMUNICATION   2
 
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.
 
1.1.5      Terms in these Guidelines that are in italics have the meanings given in paragraph 1.1.10 of these Guidelines.
 
1.1.10    In these Guidelines, unless the contrary intention appears:
 
Act means the Higher Education Support Act 2003;
 
Business Day means, in relation to the doing of an action in a place, any day other than a Saturday, Sunday or public holiday in that place.
 
Department means the Australian Government Department of Education, Employment and Workplace Relations.
 
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 3.10.1 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) of the Act.
 
CHAPTER 2     NOTICE TO STUDENTS
 
2.1         PURPOSE
 
2.1.1      This chapter specifies the:
 
a)      notice that a VET provider must, under subclause 64(1) of Schedule 1A of the Act, give 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 of the Act for the unit;
 
b)      information that a notice must contain under subclause 64(2) of Schedule 1A of the Act; and
 
c)      period within which a notice must be given under subclause 64(3) of Schedule 1A of the Act.
 
2.5         NOTICES THAT A VET PROVIDER MUST GIVE TO A PERSON
 
2.5.1      A VET provider must give a notice to any person who meets the requirements of subparagraph 2.1.1(a) of these Guidelines.
 
2.10       INFORMATION THAT A NOTICE MUST CONTAIN
 
2.10.1    The notice must include the title ‘Commonwealth Assistance Notice’.
 
2.10.5    The notice must include the following information, as applicable, to the person’s enrolment at the census date for the VET unit(s) of study to which the notice applies:
 
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 course(s) of study in which the person is enrolled with the VET provider for which a VET tuition fee(s) is recorded at the census date(s) contained in the notice;
 
f)       the total amount of up-front VET payment;
 
g)      the total amount of VET FEE-HELP assistance;
 
h)      the total amount of the VET FEE-HELP loan fee; and
 
i)        the total amount of VET FEE-HELP debt.
 
2.10.10  For each VET unit of study, the notice must include the following information, as applicable, to each person’s enrolment:
 
a)      the VET unit of study identification code;
 
b)      the census date;
 
c)      the VET tuition fee amount;
 
d)      the amount of up-front VET payment;
 
e)      the amount of VET FEE-HELP assistance;
 
f)       the amount of the VET FEE-HELP loan fee; and
 
g)      the amount of VET FEE-HELP debt.
 
2.10.15  Where the information required under subparagraphs 2.10.10(b) and 2.10.10(c) of these Guidelines is identical in respect of all of the VET units of study to which the notice applies, that information may be provided for the notice as a whole under paragraph 2.10.5 of these Guidelines.
 
2.10.20  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.”
 
2.10.25  A notice must include information on the person’s right, under subclauses 65(2) to 65(4) of Schedule 1A of the Act, to request the correction of information contained in the notice.
 
2.10.30  A notice may contain other information as determined by the VET provider.
 
2.15       PERIOD WITHIN WHICH A NOTICE MUST BE GIVEN
 
2.15.1    A notice must be given within 28 days of the earliest census date indicated in the notice under subparagraph 2.10.10(b) of these Guidelines.
 
CHAPTER 3     PUBLICATION REQUIREMENTS FOR CENSUS DATES
 
3.1         PURPOSE
 
3.1.1      This chapter specifies the:
 
a)      periods under subclause 67(1) of Schedule 1A of the Act;
 
b)      date by which, and the manner in which, census dates must be published by a VET provider under subclause 67(3) of Schedule 1A of the Act;
 
c)      date before which a variation to a published census date must be made under subparagraph 67(4)(a)(i) of Schedule 1A of the Act;
 
d)      circumstances in which a published census date may be varied under subparagraph 67(4)(a)(ii) of Schedule 1A of the Act; and
 
e)      date by which, and the manner in which, a varied census date must be published under subclause 67(5) of Schedule 1A of the Act.
 
3.5         PERIODS
 
3.5.1      For the purposes of subclause 67(1) of Schedule 1A of 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.
 
3.5.5      The periods specified in paragraph 3.5.1 of these Guidelines are relevant only for the purposes of subclause 67(1) of Schedule 1A of the Act and paragraph 3.10.1 of these Guidelines.
 
3.10       DATE BY WHICH, AND MANNER IN WHICH, CENSUS DATES MUST BE PUBLISHED BY A VET PROVIDER
 
3.10.1    For the purposes of subclause 67(3) of Schedule 1A of the Act, VET providers must publish the census date (“published census date”) for a VET unit of study, which:
 
a)     meets the course requirements for VET FEE-HELP assistance under subclause 45(1) of Schedule 1A of 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 subsequent year.
 
3.10.5    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 students with access to an information system which the student can use to access the information.
 
3.10.10  For a VET unit of study, which:
 
a)      meets the course requirements for VET FEE-HELP assistance under subclause 45(1) of Schedule 1A of 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 student enrolled in the unit, the census date for the unit within 5 Business Days after the date of commencement of the unit.
 
3.15       DATES BEFORE WHICH A VARIATION TO A PUBLISHED CENSUS DATE MUST BE MADE
 
3.15.1    In the circumstances covered by subparagraph 3.20.1(c) of these Guidelines, a VET provider may only vary a published census date for a VET unit of study which meets the course requirements under subclause 45(1) of Schedule 1A of the Act, other than under a VET restricted access arrangement, up to two months before the earlier of:
 
a)      the date of commencement of the VET unit of study; and
 
b)      the last date that a person who is, or would be, entitled to VET FEE-HELP assistance under clause 43 of Schedule 1A of the Act can enrol in the VET unit of study without incurring a late enrolment fee.
 
3.20       CIRCUMSTANCES IN WHICH A PUBLISHED CENSUS DATE MAY BE VARIED
 
3.20.1    A VET provider may only vary a published census date if all the following are met:
 
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 under subclause 67(1) of Schedule 1A of the Act; or
 
ii)       to correct an administrative error; and
 
b)      the VET provider has advised the Department, in writing, of its intention to vary the published census date at least 5 Business Days before making the variation; and
 
c)      where the variation to the published census date for a VET unit of study, other than under VET restricted access arrangements, will in the VET provider’s reasonable view, disadvantage a student enrolled or a person seeking to enrol in the unit affected by the variation, who is, or would be, entitled to VET FEE-HELP assistance under clause 43 of Schedule 1A of the Act, the variation must be made before the date ascertained in accordance with paragraph 3.15.1 of these Guidelines.
 
3.20.5    Without limiting the generality of subparagraph 3.20.1(c) of these Guidelines, a student or person will be disadvantaged by a variation that brings the published census date forward in time.
 
 
3.25       DATE BY WHICH, AND MANNER IN WHICH, A VARIED CENSUS DATE MUST BE PUBLISHED
 
3.25.1    This section applies only if sections 3.15 and 3.20 of these Guidelines both apply.
 
3.25.5    A VET provider that varies a published census date must publish the varied census date no later than 10 Business Days after making the variation.
 
3.25.10  Where a VET provider is making the varied published census date available only through the Internet or in other electronic format, the VET provider must also provide students with access to an information system via which the student can access the information.
 
CHAPTER 4     ELECTRONIC COMMUNICATION
 
4.1         PURPOSE
 
4.1.1      This chapter sets out the requirements:
 
a)      under subclause 70(1) of Schedule 1A of the Act, relating to information technology requirements for the electronic communication of information and documents between students and VET providers;
 
b)      under subclause 70(2) of Schedule 1A of the Act, in respect of electronic communication from a student to a VET provider, for:
 
i)       unique identification of the student in an electronic form; and
 
ii)       methods that may be used by students to identify themselves, and indicate their approval of the information communicated.
 
Note 1:   This Chapter deals with the giving of information and documents by way of electronic communications.  It is not intended to preclude the giving of information and documents between students and VET providers by way of paper communications.
 
Note 2:   Where the notice, document or information stored on the information system contains personal information of a student, the VET provider is required to comply with the Privacy Act 1988 and Division 14 of Schedule 1A of the Act.
 
4.5         INFORMATION TECHNOLOGY REQUIREMENTS
 
4.5.1      Where the Act requires or permits a notice, or other document, to be given by a student to a VET provider under Schedule 1A of the Act 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 student.  An information system is accessible by the student if the VET provider has:
 
i)       informed the student, via a direct communication to the student or via the VET provider’s publications, that the communication in question will occur by electronic means using the information system; and
 
ii)       given the student the authority to use the information system;
 
b)      secure, so that a 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 by the student and can be made available for subsequent reference;
 
d)      accessible in respect of requests for Commonwealth assistance under Schedule 1A of the Act where, in the case of a student submitting an electronic request for Commonwealth assistance:
 
i)       the student must use a unique identifier to identify himself or herself and to indicate his or her approval of the conditions and requirements 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 student.
 
4.5.5      Where the Act requires or permits a notice, or other document, to be given by a VET provider to a student under Schedule 1A of the Act 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 student is informed, via a direct communication to the student or via the provider’s publications, that the communication in question will occur by electronic means;
 
b)      the 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 student so that it is readily accessible by the student and can be made available for subsequent reference and printing by the student.
 
4.10       REQUIREMENTS RELATING TO METHODS TO BE USED BY STUDENTS TO IDENTIFY THEMSELVES AND INDICATE THEIR APPROVAL OF DOCUMENTS
 
4.10.1    Where a student is enabled to provide an electronic communication to a VET provider in connection with giving a notice or other document (the information) under Schedule 1A of the Act, that is required to be signed and given to the provider, the VET provider must have in place a method the student can use to uniquely identify himself or herself in the communication and to indicate his or her approval of the information communicated.
 
Note:      Where a student is required under Schedule 1A of the Act to provide a signature to a VET provider and the student acts in accordance with a method allowed for in paragraph 4.10.1 of these Guidelines, the student is taken to have met that requirement.
 
4.10.5    A method that a student can use to uniquely identify himself or herself may involve the student using a unique, personal identifier, issued to the student by the VET provider.  In relation to issuing an identifier to a 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 student is advised that, apart from the VET provider’s obligations under subparagraphs a) and b), the student is personally responsible for protecting the unique identifier.