13. Third party arrangements

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Approved course providers can outsource the delivery of their courses (or parts of their courses) to certain third parties.

However, to ensure students receive high-quality training from the third party, the third party must be either:

  • an approved course provider [part 3]
  • accredited by TEQSA, the national regulator of the higher education sector or
  • a person or body that the Secretary has approved in writing to deliver the course.

If the third party you want to use meets one of the above requirements, you don’t have to submit a request for approval. However, you must notify us when you have added the legal entity name of the new third party to the third party field in HITS.

If the third party you want to use doesn’t meet one of the requirements, you’ll have to apply for approval of a third-party arrangement [part 14] for training delivery.

A third party can be a company, an association, a partnership or an individual.

Note: The VSL Act does not define the meaning of a ‘third party arrangement’. However, an individual delivering a course for a provider as a corporation requires approval of the Secretary (or delegate). An individual delivering a course for a provider as an independent contractor would not require approval as that is not considered a third party arrangement.

Refusal to approve a third party arrangement is not a reviewable decision.

13.1 - Working with third parties

The relationship between the approved course provider and the third party is one of principal and agent. The provider is the principal and must carry full responsibility for all aspects of delivery, including adherence to the Act and the Rules [Appendix A], quality and standards, teaching by qualified staff, adequate resources and facilities, and adequate measures to protect the welfare of students.

A student undertaking a course delivered by the third party must be enrolled with the approved course provider.

The approved course provider must establish suitable data collection and reporting arrangements with the third-party delivering training on their behalf. At any time, the department can issue data requests to the approved course provider seeking information on the third party.

The approved course provider must ensure the third party’s website does not contain incorrect or misleading VET Student Loan information. The third party’s website must also comply with the VSL marketing requirements [part 53], noting third parties may not use the VSL logo.

13.2 - Third party arrangement obligations

All VSL information must be available to students. This information must be given to students by the approved course provider.

The third party cannot initiate contact with the department. All contact with us must come through the approved course provider.

The provider is required to comply with all the requirements in the Act including:

  • student eligibility for VSL
  • the determination of census days for parts of courses or units
  • student grievance provisions
  • publishing and reporting requirements and
  • considering applications for re‑crediting a student’s HELP balance.

The identity of the approved course provider must be made clear and transparent in all documentation and marketing material. This information must not be misleading or imply that the third party provider is the approved course provider.

Legislation: Act s 15