53. Marketing your courses

Note: the marketing provisions (sections 60–64 of the Act) are civil penalty provisions. Breaching section 60 (misrepresenting VET Student Loans) may give rise to a maximum civil penalty of up to 240 penalty units. Breaching section 61 (offering certain inducements) may give rise to a maximum civil penalty of up to 120 penalty units. Breaching sections 62 (engaging in cold calling), 63 (use of third-party contact lists) or 64 (other marketing requirements) may give rise to a maximum civil penalty of up to 60 penalty units.

53.1 - Marketing that mentions VET Student Loans

Any marketing in which you mention the possible availability of VSL (however described) for students undertaking a course must:

• prominently mention:
• your name and any registered business name or other business name you use
• your RTO registration code
• that VSL will not be approved for students who do not meet eligibility requirements and
• that a VET Student Loan gives rise to a VETSL debt, which continues to be a debt due to the Commonwealth until it is repaid
• not represent that a VET Student Loan is not a loan or does not have to be repaid
• present the information above in a font size approximately the same as any other marketing information that it accompanies
• if the marketing is online, present the information above on the same webpage as the other marketing of the course and
• if the marketing uses the VSL logo, presents the logo in accordance with the VET Student Loans Style Guide.

53.2 - Information about fees

You must not market your courses unless the tuition fees for each course (including tuition fees for units/parts of courses) have been published on your website in way that is readily accessible by the public.

Any marketing that mentions a VSL approved course must also mention the course’s maximum tuition fees.

53.3 - Offering inducements

You must not offer or provide a benefit (or cause anyone else to offer or provide a benefit) which would be reasonably likely to induce a person to apply for a VET Student Loan for a course.

This does not apply in relation to the following benefits:

• the content and quality of the course
• the amount of the tuition fees for the course
• the availability of a VSL for the course
• marketing merchandise of up to a total value of $30 per person.

You should be careful that any bursaries, scholarships, or other tuition fee discounts you offer don’t contravene the rules around offering benefits.

53.4 - Inappropriate inducements

Inappropriate inducements include items which:

• the student could use outside of the period of the VET unit or course of study, or
• are unrelated to the course, such as travel, entertainment, hospitality or accommodation services, or vouchers redeemable for goods or services and money.

Consider the following factors when determining whether a benefit is an inappropriate inducement. Depending on the circumstances, these factors may be less likely to suggest the benefit is an inappropriate benefit:

• there is no immediate benefit to the person, as the person would still be required to complete the course to obtain the benefit
• the benefits would not be a replacement for the course of study
• the monetary value of the benefit is unlikely to induce a student to enrol in a course.

This information is provided as a basic guide to assist you determine whether you require independent legal advice to ensure compliance. It should not be relied upon as legal advice or as an excuse for inappropriate behaviour.

53.5 - Cold calling

Cold calling includes making unsolicited contact with a student (or prospective student) in person, or by telephone, email or other form of electronic communication.

If you engage in cold calling to market, advertise or promote a course, you must not mention the possible availability of a VET Student Loan for students undertaking the course.

53.6 - Use of third-party contact lists

If you use contact details received from another person to contact a student (or prospective student) to market, advertise or promote a course or enrol the student in a course, you must not mention the possible availability of a VET Student Loan.

This does not apply where the student (or prospective student) has given express consent to for you to contact them. A student is taken to have provided express consent if all the following conditions are met:

• information in the request was presented clearly, and set out the specific purpose for which the student’s personal information would be used if consent were given
• the request was prominent
• the student was able to give consent in a separate optional tick box from other consents
• the request was not a required field to be answered for a person to submit other information
• the request did not include a default tick for consent
• the request named the provider
• the request detailed any referral fee or other fee that would be paid to the person who made the request and any other benefit that would be provided to the person who made the request.

A student is also taken to have provided express consent if they initiate contact with a third party for the purposes of giving information to you, or getting information from you, relating to education and training. The purpose of this provision is to allow students who are deliberately seeking information on courses from a particular provider to agree to being contacted.

53.7 - Social media

Any marketing of your organisation or your courses through social media must not mention the possible availability of a VET Student Loan for students undertaking a course.

Examples of social media platforms are Facebook, Instagram, X (formerly Twitter) and YouTube.

53.8 - Branding

You must use the approved VSL logo in its complete and original form as provided by us. It cannot be rearranged or split into individual elements.

You may use or co-brand the VSL logo with your own organisation’s logo and visual identity. The approved placement for the VSL logo is to the right of your own logo.

The VSL logo may be published on your website on the page outlining information about VSL. It may not be used on any other materials or printed publications such as office stationery, business cards, letterheads, signs and pamphlets. The VSL logo may not be used by third parties.

You are only to use the VSL logo on your own website on the page which provides information about VSL, not on your homepage or in multiple locations throughout the website. You must also provide a link back to VET Student Loans.

The logo is not to be used on any other materials or printed publications such as office stationery, business cards, letterheads, signs and pamphlets.

For details, see the published VET Student Loans Style Guide.

53.9 - Use of brokers or agents

There are strict limits on your use of brokers or agents.

You must not enter into an arrangement with another person for that person to do any of the following in relation to an approved course:

• enrol students, or accept an application to enrol students, in the course
• provide information or advice in relation to VSL for the course
• assist students to complete or submit applications for a VSL for the course
• assist, or provide support for, students who could be eligible for a VSL for the course to complete any assessments required to show that they are academically suited to undertake the course.

This prohibition against arrangements with brokers or agents applies whether the arrangement is in writing or not.

This prohibition does not apply in relation to an arrangement that is a contract of employment or with a member of the Australasian Conference of Tertiary Admission Centres.

If you fail to comply with these requirements, you may incur a civil penalty of up to 60 penalty units.

Legislation: Act s 49, s 60–64, Rules s 95–96 and 135–143, s 138(1)