Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Principal Regulations 2 PART 2—MISCELLANEOUS AMENDMENTS 3 5 New Division 2 of Part 7 substituted 3 Division 2—Prescribed criteria for registration on the National Register as a training organisation 3 76 Prescribed criteria for registration on the National Register as a training organisation 3 6 Updating of references 3 7 Substitution of regulation 80 4 80 Notice of decision on application by RTO for amendment of registration 4 8 Schedule 9 substituted 4 SCHEDULE 9—Criteria for Registration on The National Register as a Training Organisation 4 1 Definition 4 2 Principles to apply 4 3 Procedures 5 4 Information requested by the Authority 6 -- 1 of 12 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel PART 3—DISPUTE RESOLUTION AND STUDENT WELFARE SCHEMES 7 9 Objectives 7 10 New Part 7A 7 PART 7A—CONSUMER PROTECTION IN THE VOCATIONAL EDUCATION AND TRAINING SECTOR 7 81A Definition of student 7 81B Approval of dispute resolution and student welfare scheme 7 81C RTO to disclose whether member of dispute resolution and student welfare scheme 8 81D Requirements for operation of dispute resolution and student welfare scheme 8 81E Revocation of approval of dispute resolution and student welfare scheme 9 ═══════════════ ENDNOTES 10 -- 2 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 172/2013 Education and Training Reform Act 2006 Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 The Governor in Council makes the following Regulations: Dated: 17 December 2013 Responsible Minister: PETER HALL Minister for Education and Skills YVETTE CARISBROOKE Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are to amend the Education and Training Reform Regulations 2007— (a) to prescribe the manner by which an RTO must disclose to students whether it is a member of an approved dispute resolution and student welfare scheme; and (b) to prescribe criteria the Minister must have regard to in determining whether to approve a dispute resolution and student welfare scheme; and -- 3 of 12 -- Part 1—Preliminary Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 2 Authorised by the Chief Parliamentary Counsel (c) to prescribe the requirements for operation of a dispute resolution and student welfare scheme; and (d) to make other miscellaneous amendments. 2 Authorising provisions These Regulations are made under sections 5.10.1 and 5.10.2 of the Education and Training Reform Act 2006. 3 Commencement These Regulations come into operation on 1 January 2014. 4 Principal Regulations In these Regulations, the Education and Training Reform Regulations 20071 are called the Principal Regulations. __________________ r. 2 -- 4 of 12 -- Part 2—Miscellaneous Amendments Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 3 Authorised by the Chief Parliamentary Counsel PART 2—MISCELLANEOUS AMENDMENTS 5 New Division 2 of Part 7 substituted For Division 2 of Part 7 of the Principal Regulations substitute— "Division 2—Prescribed criteria for registration on the National Register as a training organisation 76 Prescribed criteria for registration on the National Register as a training organisation For the purposes of section 4.3.16(3)(bd) of the Act, the criteria of which the Authority must be satisfied are set out in Schedule 9. Note A person, body or principal of a school applying for registration on the National Register as a training organisation must also satisfy the other requirements of Division 4 of Part 4.3 of the Act to enable registration, and in particular during registration must show compliance with the RTO standards (within the meaning of Chapter 4 of the Act).". 6 Updating of references (1) In regulation 78 of the Principal Regulations after "section 4.3.10" insert "or section 4.3.15". (2) In regulations 79(1), 82(b) and 84(a)(ii) of the Principal Regulations after "Division 3" insert "or 4". (3) In clause 7(2)(c) of Schedule 7 to the Principal Regulations before "minimum standards" insert "prescribed". r. 5 -- 5 of 12 -- Part 2—Miscellaneous Amendments Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 4 Authorised by the Chief Parliamentary Counsel 7 Substitution of regulation 80 For regulation 80 of the Principal Regulations substitute— "80 Notice of decision on application by RTO for amendment of registration If the Authority receives an application by an RTO under section 4.3.19 of the Act to amend the RTO's registered details, the Authority must notify the RTO of its decision on the application as soon as practicable after the decision is made.". 8 Schedule 9 substituted For Schedule 9 of the Principal Regulations substitute— "SCHEDULE 9 Regulation 76 CRITERIA FOR REGISTRATION ON THE NATIONAL REGISTER AS A TRAINING ORGANISATION 1 Definition In this Schedule VET provider means a person, body or school in respect of which an application has been made for registration as a training organisation on the National Register under Division 4 of Part 4.3 of the Act. 2 Principles to apply (1) The programs and teaching a VET provider provides or intends to provide must support and promote the principles and practice of Australian democracy, including a commitment to the following— r. 7 -- 6 of 12 -- Part 2—Miscellaneous Amendments Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 5 Authorised by the Chief Parliamentary Counsel (a) elected government; (b) the rule of law; (c) equal rights for all before the law; (d) freedom of religion; (e) freedom of speech and association; (f) the values of openness and tolerance. (2) Nothing in this clause is intended to affect any right accorded to, or compliance with any obligation imposed on, a provider under an enactment of the State or the Commonwealth. (3) The principles in subclause (1) do not apply in respect of a VET provider to the extent that the VET provider provides or intends to provide an accredited vocational education and training course to a student who at the commencement of the course normally resides outside of Australia and who is expected to reside outside of Australia for the duration of that course. 3 Procedures A VET provider, in respect of accredited courses, must have in place procedures— (a) to maintain and provide student records and results to the Authority on its request; and (b) to ensure the public availability of accurate information about the VET provider and its compliance with the requirements of Chapter 4 of the Act and the criteria in this Schedule; and (c) to comply with any guidelines issued by the Authority under section 4.3.18A of the Act. r. 8 -- 7 of 12 -- Part 2—Miscellaneous Amendments Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 6 Authorised by the Chief Parliamentary Counsel 4 Information requested by the Authority A VET provider must have suitable arrangements in place to respond to and supply any information requested by the Authority in regard to the matters listed in section 4.3.16(2A) of the Act. __________________". __________________ r. 8 -- 8 of 12 -- Part 3—Dispute Resolution and Student Welfare Schemes Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 7 Authorised by the Chief Parliamentary Counsel PART 3—DISPUTE RESOLUTION AND STUDENT WELFARE SCHEMES 9 Objectives After regulation 1(f) of the Principal Regulations insert— "(fa) to provide for matters relating to dispute resolution and student welfare schemes; and". 10 New Part 7A After Part 7 of the Principal Regulations insert— "PART 7A—CONSUMER PROTECTION IN THE VOCATIONAL EDUCATION AND TRAINING SECTOR 81A Definition of student In this Part, student means a past, current or prospective student. 81B Approval of dispute resolution and student welfare scheme For the purposes of section 4.6A.5B(2)(b) of the Act, in determining whether to approve a dispute resolution and student welfare scheme, the Minister must have regard to the following criteria— (a) the efficiency of the scheme including whether or not— (i) the dispute resolution process under the scheme provides for the timely resolution of complaints; and (ii) the scheme has processes for regular review of the performance of the scheme; r. 9 -- 9 of 12 -- Part 3—Dispute Resolution and Student Welfare Schemes Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 8 Authorised by the Chief Parliamentary Counsel (b) whether or not the scheme treats information confidentially and complies with privacy laws. 81C RTO to disclose whether member of dispute resolution and student welfare scheme For the purposes of section 4.6A.5C of the Act, an RTO must disclose to students whether it is a member of an approved dispute resolution and student welfare scheme by publishing that information on its website or in student materials. Example Student materials may include handbooks or enrolment information. 81D Requirements for operation of dispute resolution and student welfare scheme For the purposes of clause 5 of Schedule 7 to the Act, the requirements for operation of a dispute resolution and student welfare scheme are— (a) the scheme must take into account the financial circumstances of a student who has referred a matter to the scheme in determining the cost to the student of accessing the scheme; and (b) the cost to a student of accessing the scheme must not exceed the cost of providing the services under the scheme to the student; and r. 10 -- 10 of 12 -- Part 3—Dispute Resolution and Student Welfare Schemes Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 9 Authorised by the Chief Parliamentary Counsel (c) annual reports of the activities of the scheme must be published by the person or body operating the scheme, including— (i) the number of matters referred to the scheme; and (ii) a summary of matters referred to the scheme; and (iii) the timeframes for dealing with matters referred to the scheme; and (iv) the identification of any trends in disputes relating to students or student welfare issues. 81E Revocation of approval of dispute resolution and student welfare scheme The Minister may, by notice published in the Government Gazette, revoke the approval of a dispute resolution and student welfare scheme if the Minister determines that the scheme no longer meets any of the matters set out in Schedule 7 to the Act, the criteria set out in regulation 81B or the requirements set out in regulation 81D. __________________". ═══════════════ r. 10 -- 11 of 12 -- Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013 S.R. No. 172/2013 10 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 61/2007 as amended by S.R. Nos 6/2009 and 109/2011. Endnotes -- 12 of 12 --