Higher Education Support Amendment (VET FEE-HELP Reform) Act 2015 (168 of 2015)

Schedule 1   VET FEE-HELP Reform amendments

Part 1   Main amendments

Higher Education Support Act 2003

7   After clause 23A of Schedule 1A

Insert:

23B Entry procedure for students

(1) A *VET provider must make and publish a *student entry procedure in accordance with the *VET Guidelines.

(2) A *VET provider must comply with its *student entry procedure.

(3) A student entry procedure is a written procedure that specifies, in accordance with the *VET Guidelines:

(a) when a student is academically suited to undertake a *VET course of study; and

(b) how to assess whether a student is so suited; and

(c) how to report to the *Secretary about the results of such assessments; and

(d) how long the *VET provider must retain those results.

Note: The VET Guidelines could, for example, require a student entry procedure to:

(a) set out the literacy, numeracy and general academic skills needed by a student to undertake a VET course of study; and

(b) provide for assessments of those skills to be conducted online.

(4) For the purposes of subclause (3), the *VET Guidelines may empower:

(a) a person or body:

(i) to decide whether to approve a particular tool for use when assessing whether a student is academically suited to undertake a *VET course of study; and

(ii) to charge a fee for making such a decision; and

(b) a person or body to charge a fee for the use of a tool for such an assessment.

A fee so charged must not be such as to amount to taxation.

23C Receiving requests for Commonwealth assistance

(1) A *VET provider must not treat a student as being entitled to *VET FEE-HELP assistance for a *VET unit of study if:

(a) the student gives an *appropriate officer of the VET provider:

(i) a *request for Commonwealth assistance relating to the unit or a *VET course of study of which the unit forms a part; or

(ii) a form that would be such a request if it were signed by a *responsible parent of the student; and

(b) the student is not entitled to that assistance for that unit or course.

Note: To be a request for Commonwealth assistance, a responsible parent must sign the form if the student is under 18 years old and subclause 88(3A) applies (see paragraph 88(3)(aa)).

(2) Before a *VET provider enrols a student in a *VET unit of study less than 2 business days before the *census date for the unit, the VET provider must advise the student that the student will not be able to receive *VET FEE-HELP assistance for the unit.

(3) Before a *VET provider enrols a student in a *VET unit of study, the VET provider must advise the student that any *request for Commonwealth assistance by the student in relation to the unit must be given:

(a) at least 2 business days after the student enrols in:

(i) if the *VET course of study of which the unit forms a part is undertaken with the provider - the course; or

(ii) otherwise - the unit; and

(b) on or before the *census date for the unit;

if the student has not already given an *appropriate officer of the VET provider such a request relating to the course.

(4) A *VET provider must not encourage a student to give a *request for Commonwealth assistance relating to a *VET unit of study so that the request is given less than 2 business days after the student enrols in the unit.