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Loans to students
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider completes, or assists with completing, anything the student is required to do for the purposes of determining whether the student is ‘academically suited’ to undertake an approved course. 120 penalty units | s12(3) |
Provider completes any part of an application for a VET Student Loan that the student is required to complete. 120 penalty units | s17(5) |
Provider collects information for the purpose of, or in relation to, applications by students for VET Student Loans, and gives the collected information or information based on the collected information to the Secretary, and the information so provided omits a material particular or is incorrect in a material particular. (Note: providers need to verify information collected from students). 120 penalty units | s17(6) |
Ensuring compliance
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider fails to comply with a compliance notice given by the Secretary. 60 penalty units | s43(4) |
Failure of a person [broader than provider] to cooperate fully with an auditor in relation to a compliance audit. 60 penalty units | s45(5) |
Provider fails to cooperate fully with a listed body including a VET Regulator, the Secretary, an employee of the department or consultant engaged by the Commonwealth to perform work in relation to this Act, the operator of an approved external dispute resolution scheme of which the provider is a member in ensuring compliance with, and the efficient and effective administration of the Act. 60 penalty units | s46 |
General requirements
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider fails to comply with the Rules made under section 48 of the Act (that is, Division 1, Part 7 of the Rules) in respect of having specified processes and procedures in place. 60 penalty units | s48(5) |
Brokers and Agents
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider must not enter into an arrangement which provides for another person to:
60 penalty units | ss49(1) |
Information
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider fails to comply with the Rules made under subsection 50(1) (that is, Division 3, Part 7 of the Rules) in respect of provision of particular information to students. 60 penalty units | s50(2) |
Strict liability Offence: Provider fails to comply with the Rules made under subsection 50(1) (that is, Division 3, Part 7 of the Rules) in respect of provision of particular information to students. 60 penalty units | s50(3) |
Provider fails to retain documents and information in accordance with section 51, including as specified in Division 4, Part 7 of the Rules (made under section 51). 60 penalty units | s51(3) |
Strict liability offence: Provider fails to retain documents and information in accordance with section 51, including as specified in Division 4, Part 7 of the Rules (made under section 51). 60 penalty units | s51(4) |
Provider fails to comply with the ongoing information requirements including as set out in Division 5, Part 7 of the Rules (made under section 52). 60 penalty units | s52(4) |
Strict liability offence: Provider fails to comply with the ongoing information requirements including as set out in Division 5, Part 7 of the Rules (made under section 52). 60 penalty units | s52(5) |
Provider fails to comply with a notice given under subsection 53(1) to provide information or documents to the Secretary. 60 penalty units | s53(4) |
Strict liability offence: Provider fails to comply with a notice given under subsection 53(1) to provide information or documents to the Secretary. 60 penalty units | s53(5) |
Fees
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider fails to comply with requirements under the Rules in relation to determining tuition fees for approved courses (that is, with Division 6, Part 7 of the Rules). 120 penalty units | s55(3) |
Provider requires a student to pay fees, which are covered by a VET Student Loan (covered fees) where enrolment is accepted on the basis that some or all tuition fees are covered fees. 120 penalty units | s56(4) |
Provider does not have publicly and readily available on its website (that is, has not published) the tuition fees for a course by the day before the enrolment of a student in an approved course, where enrolment is accepted on the basis that some or all tuition fees are covered fees. 60 penalty units | s57 |
Census days
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider fails to determine or publish a ‘census day’ for a course in accordance with the Rules (that is Division 7, Part 7 of the Rules). 60 penalty units | s58(6) |
Provider varies a ‘census day’ not in accordance with the Rules (that is Division 7, Part 7 of the Rules). 60 penalty units | s58(7) |
Provider fails to cancel the enrolment of a student on or before the end of the census day where the provider has been requested to do so in writing by the student on or before the census day. 120 penalty units | s59(1) |
Provider charges a fee to cancel the enrolment of a student where the provider has been requested to cancel enrolment in writing by the student on or before the end of the relevant census day. 120 penalty units | s59(2) |
The provider engages in conduct which prevents, or unnecessarily inconveniences, the student from cancelling their enrolment. 120 penalty units | s59(3) |
Marketing
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider misrepresents that a VET Student Loan is not a loan or does not have to be repaid. 240 penalty units | s60 |
Provider offers or provides a benefit, or causes a benefit to be provided, which would be reasonably likely to induce a person to apply for a VET Student Loan for a course. (Note: does not apply in relation to a benefit specified in Subdivision A, Division 8, Part 7 of the Rules). 120 penalty units | s61(1) |
Provider cold calls (that is, unsolicited contact in person, via telephone, email or other electronic means) another person to market, advertise or promote a course and in the course of doing so mentions the possible availability of a VET Student Loan. 60 penalty units | s62(1) |
Provider uses third party contact lists to market, advertise or promote a course and while doing so mentions the possible availability of a VET Student Loan. (Note: does not apply in relation to the circumstances specified in Subdivision B, Division 8, Part 7 of the Rules). 60 penalty units | s63(1) |
Provider fails to comply with any requirements in relation to marketing of courses which could be covered by a VET Student Loan set out in the Rules (that is, with Subdivision C, Division 8, Part 7 of the Rules). 60 penalty units | s64(2) |
Tuition Protection
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider fails to give notice of default or other information to the Tuition Protection Director in accordance with section 66C of the Act. 60 penalty units | s66C(6) |
Strict liability offence: A provider fails to give notice of default or other information to the Tuition Protection Director in accordance with section 66C of the Act. 60 penalty units | s66C(7) |
Provider fails to give notice of default to affected students in accordance with section 66D of the Act. 60 penalty units | s66D(4) |
Strict liability offence: A provider) fails to give notice of default to affected students in accordance with section 66D of the Act. 60 penalty units | s66D(5) |
Provider fails to provide information to the VSL Tuition Protection Director about suitable replacement courses in accordance with a notice given by the Tuition Protection Director under section 66Fof the Act. 60 penalty units | s66F(3) |
Strict liability offence: A provider fails to provide information to the VSL Tuition Protection Director about suitable replacement courses in accordance with a notice given by the Tuition Protection Director under section 66F of the Act. 60 penalty units | s66F(4) |
Provider fails to meet obligations as a replacement provider as set out in section 66G of the Act. 60 penalty units | s66G(4) |
Strict liability offence: A provider fails to meet obligations as a replacement provider as set out in section 66G of the Act. 60 penalty units | s66G(5) |
A person (broader than provider) fails to comply with notice given by the VSL Tuition Protection Director and does not provide such information or documents that the Director reasonably requires to determine whether Part 5A of the Act has been complied with. 60 penalty units | s104A(3) |
Strict liability offence: A person (broader than provider) fails to comply with notice given by the VSL Tuition Protection Director and does not provide such information or documents the Director reasonably requires, to determine whether Part 5A of the Act has been complied with. 60 penalty units | s104A(4) |
General provisions
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
Provider fails to comply with requirements in relation to electronic communications set out in the Rules (that is, with Division 1, Part 9 of the Rules). 60 penalty units | s102(2) |
Provider fails to comply with a requirement from the Secretary under subsection 103(4) to release or publish information about it (such as, completion rates, enrolment numbers, courses offered, tuition and other fees and compliance). 60 penalty units | s103(5) |
A person (broader than provider) fails to provide information to the Secretary in accordance with the written notice for information given by the Secretary under section 104(1). 60 penalty units | s104(4) |
Strict liability offence: A person (broader than provider) fails to provide information to the Secretary in accordance with the written notice for information given by the Secretary under section 104(1). 60 penalty units | s104(5) |
A person gives information or a document to a VET officer or otherwise under or for the purpose of the Act (including the Rules etc.) and the information or document is false or misleading (in a material particular) or omits any matter or thing without which the information or document is misleading (in a material particular). (Note: see also offences under Criminal Code s 137.1, 137.2)) 240 penalty units | s106(3) |
Offences for misuse of personal information [broader application than just provider]
| Short description provisions including civil penalty units and offence provisions | Act |
|---|---|
A person commits an offence if: the person is, or has been, a VET officer; and the person has obtained or generated personal information in his or her capacity as a VET officer; and the person: (i) uses the information; or (ii) discloses the information to another person. Imprisonment for two years. | s99(1) |
A person commits an offence if the person uses personal information, and the information was disclosed to an agency, body or person under section 95; and the use of the information is not for a permitted purpose. Imprisonment for two years. | s100(1) |
A person commits an offence if: the person discloses personal information; and the information was disclosed to an agency, body or person under section 95; and either or both of the following apply: (i) the disclosure is not for a permitted purpose (ii) the disclosure is to a person who is not an officer or employee of, or engaged by, the agency, body or person to whom the information was disclosed under section 95. Imprisonment for two years. | s100(3) |
A person commits an offence if:
(i) which is held on a computer, and (ii) to which access is restricted by an access control system associated with a function of the computer, and
(i) the information is held on a computer of an approved course provider (ii) the information is held on behalf of an approved course provider (iii) the information is held on a computer of a Tertiary Admission Centre (iv) the information is held on behalf of a Tertiary Admission Centre. Penalty: Imprisonment for two years. | s101(1) |