the student is an eligible student (see Division 2); and

the course is an approved course (see Division 3).

be enrolled in the course; and

have provided the course provider with any information and documents required by the rules; and

meet any other requirements set out in the rules.

an Australian citizen; or

the holder of a permanent humanitarian visa, or a Pacific engagement visa, who is usually resident in Australia; or

a qualifying New Zealand citizen.

(a) a visa referred to in the Migration Regulations 1994 as a Subclass 192 (Pacific Engagement) visa; or

a visa of a kind determined under subsection (1C).

the kind of visa has replaced or will replace:

the kind of visa mentioned in paragraph (1B)(a); or

a kind of visa previously determined under this subsection; and

the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.

holds a special category visa; and

has been usually resident in Australia for at least 10 years; and

was a dependent child when he or she was first usually resident in Australia; and

has been in Australia for periods totalling 8 years during the previous 10 years; and

has been in Australia for periods totalling 18 months during the previous 2 years.

the course provider’s student entry procedure; and

any requirements set out in the rules.

a qualification:

of diploma, advanced diploma, graduate certificate or graduate diploma in the Australian Qualifications Framework; and

that meets the guidelines for a VET award as set out in the Australian Qualifications Framework;

a qualification specified by the rules.

be specified in the courses and loan caps determination; and

meet any requirements set out in the rules.

by the approved course provider; or

for the approved course provider by one or more of the following:

another approved course provider;

a person or body registered by TEQSA;

a person or body approved in writing by the Secretary to deliver the course.

courses of study for which VET student loans may be approved; and

maximum loan amounts, or methods for working out maximum loan amounts, for those courses.

include the student’s tax file number or a certificate from the Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student; and

include the student’s student identifier.

must be in the form approved by the Secretary; and

must not be made before the end of any period specified in the rules; and

must meet any other requirements set out in the rules.

the student is under 18 years of age;

the student has a responsible parent;

(c) the student has not received youth allowance (within the meaning of the Social Security Act 1991) on the basis that the student is independent (within the meaning of Part 2.11 of that Act).

request the student to provide further information for the purposes of deciding the application; and

require some or all of the further information to be provided as a statutory declaration.

the provider collects information (including from a student) for the purposes of, or in relation to, applications by students for VET student loans; and

the provider:

gives the collected information to the Secretary; or

gives the Secretary information based on the collected information; and

either or both of the following apply:

the collected information omits a material particular or is incorrect in a material particular;

the information based on the collected information omits a material particular or is incorrect in a material particular.

the information is incorrect only because the collected information is incorrect; and

the provider has taken the steps (if any) set out in rules made under subsection 48(1) to verify that the collected information is correct.

an application is made for the loan; and

the application complies with section 17; and

the applicant has complied with any request under that section.

the applicant; and

the course provider.

be given in accordance with any requirements set out in the rules; and

if the Secretary decides not to approve the loan—must include the reasons for the decision.

before or after the student begins the course; or

after the student has completed the course; or

by instalments.

course providers;

students;

other persons.

used to pay tuition fees for a student for a course; and

re-credited to the student’s HELP balance under Division 2 or 3 of Part 6.

approves a VET student loan for the person; and

uses a loan amount covered by the VET student loan to pay tuition fees for the person for a course.

The debt is a VETSL debt.

120% of the loan amount; or

if the rules specify a lesser percentage of the loan amount for the person—that lesser percentage of the loan amount.

unless paragraph (b) applies—the day the Secretary pays the loan amount; or

if subsection (3B) applies to the loan amount—1 June 2025.

the loan amount should have been paid on or before 1 June 2025 but was paid after 1 June 2025 as a result of an administrative error; or

the loan amount:

was paid during the period of 6 months beginning immediately after 1 June 2025; and

was used to pay tuition fees for a course, or a part of a course, for which the census day was on or before 1 June 2025.

the amount worked out using the following method statement; by

(b) the HELP debt indexation factor (within the meaning of the Higher Education Support Act 2003) for 1 June in that financial year.

Method statement

Step 1. Take the person’s accumulated VETSL debt for the immediately preceding financial year. (This amount is taken to be zero if the person has no accumulated VETSL debt for that financial year.)

Step 2. Add the sum of all of the VETSL debts (if any) that the person incurred during the last 6 months of the immediately preceding financial year. If the total is a number of whole dollars and a number of cents, the total is taken to be the number of whole dollars. If the total is an amount of less than one dollar, the total is taken to be zero.

Step 3. Subtract the sum of the amounts by which the person’s debts referred to in steps 1 and 2 are reduced because of any voluntary repayments that have been made during the period:

starting on 1 June in the immediately preceding financial year; and

ending immediately before the next 1 June.

Step 4. Subtract the sum of all of the person’s compulsory VETSL repayment amounts that:

were assessed during that period (excluding any assessed as a result of a return given before that period); or

were assessed after the end of that period as a result of a return given before the end of that period.

Step 5. Subtract the sum of the amounts by which any compulsory VETSL repayment amount of the person is increased (whether as a result of an increase in the person’s taxable income of an income year or otherwise) by an amendment of an assessment made during that period.

Step 6. Add the sum of the amounts by which any compulsory VETSL repayment amount of the person is reduced (whether as a result of a reduction in the person’s taxable income of an income year or otherwise) by an amendment of an assessment made during that period.

To work out Lorraine’s former accumulated VETSL debt before indexation on 1 June 2021:

Step 1: Take the previous accumulated VETSL debt of $15,000 on 1 June 2020.

Step 2: Add the VETSL debt of $1,500 incurred on 31 March 2020.

Step 3: Subtract the $525 voluntary repayment made on 1 May 2021.

Step 4: Subtract the $3,000 compulsory repayment assessed on 3 September 2020.

Step 5: Does not apply because since 1 June 2020 Lorraine had no amendments to any assessment.

Step 6: Does not apply because since 1 June 2020 Lorraine had no amendments to any assessment.

Lorraine’s former accumulated VETSL debt before indexation on 1 June 2021 is:

If, for example, the indexation factor for 1 June 2021 were 1.030, then the former accumulated VETSL debt would be:

any VETSL debt that the person incurred during the calendar year immediately preceding that day; and

any accumulated VETSL debt that the person incurred on the immediately preceding 1 June.

first, in discharge or reduction of any accumulated VETSL debt of the person;

secondly, in discharge or reduction of:

any VETSL debt of the person; or

if there is more than one such debt, those debts in the order in which they were incurred.

a person’s repayment income for an income year exceeds the minimum repayment income for the income year; and

on 1 June immediately preceding the making of an assessment in respect of the person’s income of that income year, the person had an accumulated VETSL debt;

the person is liable to pay to the Commonwealth, in accordance with this Division, the amount worked out using the following formula in reduction of the person’s repayable VETSL debt:

where:

applicable repayable amount means the amount that is the least of the following:

(a) the amount worked out under subsection 154-20(2) of the Higher Education Support Act 2003 for the income year, as if:

references in that subsection to the person’s repayment income were references to the person’s repayment income within the meaning of this Act; and

references in that subsection to the person’s minimum repayment income were references to the person’s minimum repayment income within the meaning of this Act;

the amount equal to 10% of the person’s repayment income for the income year;

the amount of the person’s repayable VETSL debt for the income year.

relevant income-contingent loans liability means the amount that is the sum of any amounts the person is liable to pay under section 154-1 or 154-16 of the Higher Education Support Act 2003 in respect of the income year.

no Medicare levy is payable by the person on the person’s taxable income for the income year; or

the amount of the Medicare levy payable by the person on the person’s taxable income for the income year is reduced.

the person’s accumulated VETSL debt referred to in paragraph 23EA(1)(b) in relation to that income year; or

if one or more amounts:

have been paid in reduction of that debt; or

have been assessed under section 23EE to be payable in respect of that debt;

the amount (if any) remaining after deducting from that debt the amount, or sum of the amounts, so paid or assessed to be payable.

a person is a foreign resident during an income year; and

the person’s assessed worldwide income for the income year exceeds the minimum repayment income for the income year; and

on 1 June immediately preceding the making of an assessment in respect of the person’s income of that income year, the person had an accumulated VETSL debt;

the person is liable to pay to the Commonwealth, in accordance with this Division, a levy of the amount worked out under subsection (2).

the amount that the person would have been liable to pay under section 23EA if:

the person had a repayment income for the income year of an amount equal to the person’s assessed worldwide income for the income year; and

subsection 23EA(3) did not apply to the person; and

the amount (if any) the person is liable to pay under section 23EA, in respect of the income year.

has an accumulated VETSL debt or otherwise has a VETSL debt that has not yet been discharged; and

leaves Australia (other than in circumstances specified in the rules) with the intention of remaining outside Australia for at least 183 days;

must, no later than 7 days after leaving Australia, give a notice to the Commissioner in the approved form.

Notice relating to absence from Australia

has an accumulated VETSL debt or otherwise has a VETSL debt that has not yet been discharged; and

has been outside Australia for at least 183 days (other than in circumstances specified in the rules) in any 12 month period; and

was not required under subsection (1) to give a notice to the Commissioner in connection with that absence from Australia;

must, no later than 7 days after the end of those 183 days, give a notice to the Commissioner in the approved form.

Notice relating to income (including foreign-sourced income)

is a foreign resident; and

on 1 June immediately preceding an income year, had an accumulated VETSL debt;

must (other than in circumstances specified in the rules) give to the Commissioner, in the approved form, a notice relating to the person’s income (including foreign-sourced income) for the income year. The notice must be given within the period specified in the form.

Content of notices under this section

the income year for which the deferral is being sought; and

the reasons for seeking the deferral.

the income year in which the person makes the application; or

the immediately preceding income year; or

the immediately succeeding income year.

if the assessment were made, payment of the assessed amount would cause serious hardship to the person; or

there are other special reasons that make it fair and reasonable to defer making the assessment.

consider the matter to which the application relates; and

notify the applicant of the Commissioner’s decision on the application.

the amount payable under the assessment is reduced; or

no amount is payable under the assessment.

must be made within 2 years after the day on which the Commissioner gives notice of the assessment to the person; or

must specify the reasons justifying a later application.

the amount payable under the assessment is reduced; or

no amount is payable under the assessment;

if the Commissioner is of the opinion that:

payment of the assessed amount has caused or would cause serious hardship to the person; or

there are other special reasons that make it fair and reasonable to make the amendment.

consider the matter to which the application relates; and

notify the applicant of the Commissioner’s decision on the application.

any compulsory VETSL repayment amount of a person were income tax payable by the person in respect of the income year in respect of which the assessment of that debt was made; and

(b) paragraphs 17(1)(a) and 20(a), this Part and sections 97 and 107 of this Act were income tax laws (within the meaning of the Income Tax Assessment Act 1997).

be a body corporate that is not a trustee; and

be established under the law of the Commonwealth, a State or a Territory; and

carry on business in Australia and have its central management and control in Australia; and

be a registered training organisation; and

meet the provider suitability requirements; and

be a fit and proper person; and

be a member of an approved external dispute resolution scheme.

financial performance;

management and governance;

experience in providing vocational education;

scope of courses;

fees and modes of delivery for courses;

student outcomes;

industry links.

a Table A provider;

a Table B provider;

a body established to provide vocational education or training under one of the following:

(i) the Technical and Further Education Commission Act 1990 (NSW);

(ii) the Education and Training Reform Act 2006 (Vic.);

(iii) the TAFE Queensland Act 2013 (Qld);

(iv) the Vocational Education and Training Act 1996 (WA);

(v) the TAFE SA Act 2012 (SA);

(vi) the Training and Workforce Development Act 2013 (Tas.);

(vii) the Canberra Institute of Technology Act 1987 (ACT);

a training organisation owned by the Commonwealth, a State or a Territory;

a body specified in the rules.

in the form approved by the Secretary; and

accompanied by the application fee for the application.

request the applicant to provide further information for the purposes of deciding the application; and

require some or all of the further information to be provided as a statutory declaration.

a body applies to the Secretary for approval as an approved course provider; and

the Secretary considers and decides the application.

be given in accordance with any requirements set out in the rules; and

if the Secretary decides to approve the body for a period of less than 7 years—include the reasons for the period being less than 7 years.

if the application does not comply with section 28; or

in circumstances set out in the rules.

give the applicant written notice of, and reasons for, not so considering or deciding; and

refund any application fee for the application.

(a) a body is approved (the current approval) as an approved course provider; and

the body applies for approval as an approved course provider for a further period; and

the application is made before the beginning of:

the period of 90 days before the current approval ends; or

such shorter period as the Secretary allows.

impose conditions on the approval of an approved course provider; or

vary a condition of the approval.

that one or more provider fee limits apply to the provider;

that loan amounts will be paid to the provider for specified approved courses only;

that an approved course provided by the provider will:

be delivered in a particular way; or

address particular content or skills.

for a particular period; or

for a particular approved course; or

for a particular approved course for a particular period.

imposing a condition on the approval; or

varying a condition of the approval.

(a) the body ceases to be listed as a registered training organisation on the National Register (within the meaning of the National Vocational Education and Training Regulator Act 2011); and

in each case where the relevant VET Regulator has made a decision covered by subsection (2):

the decision has not been set aside or quashed; and

any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the decision have expired; and

if there is such a review or appeal of or in relation to the decision—the review or appeal (and any later reviews or appeals) have been finally disposed of.

(a) a decision under National Vocational Education and Training Regulator Act 2011 to refuse an application to renew the body’s registration as an NVR registered training organisation (within the meaning of that Act); andsection 17 of the

a decision under section 39 of that Act to cancel the body’s registration as an NVR registered training organisation; and

a decision under a law of a State that has a similar effect to a decision referred to in paragraph (a) or (b).

that the Secretary is proposing to revoke or suspend the approval;

the reasons why the Secretary is proposing to revoke or suspend the approval;

that the provider may make written submissions to the Secretary as to why the Secretary should not revoke or suspend the approval;

(d) that the written submissions must be given to the Secretary within the period (the submission period):

for proposed suspension—that ends 14 days after the intention notice is given; or

for proposed revocation—that ends 28 days after the intention notice is given.

the Secretary’s decision on the suspension or revocation; and

the reasons for the decision.

The decision notice must be given within 28 days after the end of the submission period.

the Secretary suspects on reasonable grounds that the provider is not complying with this Act; and

the Secretary is satisfied that the circumstances require urgent action.

the suspension; and

the reasons for the suspension; and

the effect of subsection (4).

the Secretary notifies the provider in writing that the suspension has ended;

14 days have passed since the suspension began.

unless paragraph (b) applies—14 days after the Secretary receives the report on the audit; or

if, within that 14 days, the Secretary gives the provider an intention notice under section 36—when the Secretary gives the provider the decision notice under that section.

revoke the approval; and

give the provider written notice of the revocation.

the Secretary has given the provider written notice, under subsection 36(2), that the Secretary is proposing to revoke or suspend the approval; and

the Secretary has not given written notice, under subsection 36(4), of the Secretary’s decision on the suspension or revocation.

the Secretary has given the provider a written notice, under subsection 36(4) or 37(2), that the Secretary has suspended the provider’s approval; and

the suspension has not ended.

VET student loans;

compliance by approved course providers with this Act;

(c) VET FEE-HELP assistance (within the meaning of the Higher Education Support Act 2003);

(d) compliance by VET providers (within the meaning of the Higher Education Support Act 2003) with the Higher Education Support Act 2003.

is satisfied that an approved course provider is not complying with this Act; or

is aware of information that suggests that an approved course provider may not be complying with this Act.

set out the name of the provider to which the notice is given; and

set out brief details of the non-compliance or possible non-compliance; and

specify action that the provider must take, or refrain from taking, in order to address the non-compliance or possible non-compliance; and

specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

if the Secretary considers it appropriate—specify a reasonable period within which the provider must provide the Secretary with evidence that the provider has taken, or refrained from taking, the specified action; and

state that a failure to comply with the notice is subject to a civil penalty and may also lead to the provider’s approval being suspended or revoked; and

set out any other matters specified in the rules for the purposes of this paragraph.

whether the provider is complying with this Act;

whether one or more students enrolled by the provider are genuine students.

by:

the National VET Regulator; or

an auditor approved in writing by the Secretary; and

at such time or times, and in such manner, as the Secretary requires.

information the provider collects for the purposes of, or in relation to, applications by students for VET student loans;

processes or procedures for students to enrol in courses (including student entry procedures) and withdraw from courses;

tuition protection, including requirements about offering replacement courses;

student grievances;

equal benefits and opportunities for students;

review of decisions.

enrol students, or accept applications for enrolment, in the course;

provide information or advice in relation to VET student loans (however described) for the course;

assist students to complete or submit applications for a VET student loan for the course;

assist, or provide support for, students who could be eligible for a VET student loan for the course to complete any assessments required to show that students are academically suited to undertake the course.

a contract of employment; or

specified in the rules.

VSL tuition protection levy;

any penalty for late payment of VSL tuition protection levy.

the issue of notices setting out the amount of VSL tuition protection levy payable by a provider;

when VSL tuition protection levy is due and payable;

the issue of notices extending the time for payment of VSL tuition protection levy;

penalties for late payment of VSL tuition protection levy;

to whom VSL tuition protection levy and any penalties for late payment are payable;

the refund, remission or waiver of VSL tuition protection levy or penalties for late payment;

the notional liability of the Commonwealth to pay VSL tuition protection levy;

the review of decisions made under the rules in relation to the collection or recovery of VSL tuition protection levy;

any other matters relating to the collection or recovery of VSL tuition protection levy.

give particular information to students;

give information to students in a particular way;

give information to students at a particular time.

related to the operation of this Act; and

specified by the rules.

the period specified in the rules; or

if no period is specified—7 years.

approved course providers are complying with this Act: and

the Secretary has access to information and documents related to the operation of this Act.

be audited in circumstances set out in the rules, including by a specified person, and provide reports of audits to the Secretary;

provide the Secretary with specified information or documents, including in relation to the following:

the provider’s financial position;

courses of study provided by the provider and the delivery of those courses;

the provider’s students (including information and documents relating to enrolment, attendance, completion rates, education outcomes and existing and projected enrolment numbers);

the administration and operation of the business of the provider;

tuition fees charged by the provider;

the provider’s plans for improving its business;

changes in the provider’s key personnel;

changes in the provider’s management or governance arrangements;

information the provider has collected for the purposes of, or in relation to, applications by students for VET student loans;

tuition protection;

notify the Secretary if the provider is not complying with this Act, or particular provisions of this Act;

provide the information in a particular form, including as a statutory declaration.

the provision of vocational education and training by the provider; or

the provider’s compliance with this Act.

in the form specified in the notice, which may be a statutory declaration; and

in accordance with other requirements specified in the notice.

matters to which an approved course provider must or must not have regard in determining tuition fees;

goods or services that must not be covered by tuition fees;

how and when tuition fees may be charged;

how and when tuition fees may be varied.

be given in accordance with the rules; and

if the enrolment is accepted on the basis that only some of the tuition fees for the course will be covered—show the amounts of the tuition fees that will, and will not, be covered by the VET student loan; and

meet any other requirements set out in the rules.

determined in accordance with any requirements set out in the rules; and

published in accordance with any requirements set out in the rules.

the provider enrols a student in a course on the basis that some or all of the tuition fees for the course are covered fees; and

on or before a census day for the course, the student requests in writing that the provider cancel the enrolment; and

the provider fails to cancel the enrolment before the end of the census day.

the provider enrols a student in a course on the basis that some or all of the tuition fees for the course are covered fees; and

on or before the last census day for the course, the student requests in writing that the provider cancel the enrolment; and

the provider charges a fee (however described) for cancelling the enrolment.

the provider enrols a student in a course on the basis that some or all of the tuition fees for the course are covered fees; and

the provider engages in conduct that:

prevents the student from cancelling the enrolment; or

unnecessarily inconveniences the student in relation to cancelling the enrolment.

the provider:

offers or provides a benefit; or

causes a benefit to be offered or provided; and

the benefit would be reasonably likely to induce a person to apply for a VET student loan for a course.

the provider cold-calls another person to market, advertise or promote a course; and

when doing so, or as a result of doing so, the provider mentions the possible availability of a VET student loan (however described) for students undertaking the course.

in person; or

by telephone, email or other form of electronic communication.

the provider receives a student’s contact details from another person; and

the provider contacts the student to market, advertise or promote a course, or enrol the student in a course; and

when doing so, or as a result of doing so, the provider mentions the possible availability of a VET student loan (however described) for students undertaking the course.

the provider commits an offence against this Act; and

the officer knew that the offence would be committed; and

the officer was in a position to influence the conduct of the provider in relation to the commission of the offence; and

the officer failed to take all reasonable steps to prevent the commission of the offence.

the provider contravenes a civil penalty provision of this Act; and

the officer knew that the contravention would occur; and

the officer was in a position to influence the conduct of the provider in relation to the contravention; and

the officer failed to take all reasonable steps to prevent the contravention.

what action (if any) the officer took towards ensuring that the provider’s employees, agents and contractors had a reasonable knowledge and understanding of the requirements to comply with this Act, in so far as those requirements affected the employees, agents or contractors concerned; and

what action (if any) the officer took when he or she became aware of the offence or contravention.

Table A providers; or

providers of a kind prescribed by the rules.

the provider fails to start to provide a course or a part of a course to the student on the day on which the course or part was scheduled to start; and

the student has not withdrawn before that day; and

either:

a VET student loan has been approved for the student for the course on or before that day; or

the student is an eligible student for the course and has a HELP balance of greater than zero on that day.

the provider ceases to provide a course or a part of a course to the student on a day that is after the course or part starts but before it is completed; and

the student has not withdrawn before that day; and

either:

a VET student loan has been approved for the student for the course on or before that day; or

the student is an eligible student for the course and has a HELP balance of greater than zero on that day.

the following information for each student in relation to whom the provider has defaulted:

the student’s full name and contact details;

the course, or part or parts of the course, that the student was enrolled in at the time of the default;

the amount of the tuition fees for each course, or part of the course, that student was enrolled in at the time of the default;

details about the payment of those tuition fees, including the amounts that are covered fees; and

any other matter prescribed by the rules.

a copy of a statement of attainment or other Australian Qualifications Framework certification documentation issued by the course provider or an authorised issuing organisation in accordance with the Australian Qualifications Framework for the parts of the course that the student has completed;

(b) a copy of an authenticated VET transcript prepared by the Registrar (within the meaning of the Student Identifiers Act 2014) for the parts of the course that the student has completed.

Notice requirements

that the Director is satisfied that there are one or more suitable replacement courses for the student; or

that the Director is not satisfied that there is a suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course

whether the replacement course leads to the same or a comparable qualification as the original course;

whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

the location where the replacement course for a student will be primarily delivered;

whether a student who enrols in the replacement course:

will incur additional fees that are unreasonable; and

will be able to attend the course without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the rules.

Suitable replacement course available

a description of each suitable replacement course, including the qualification that the course leads to;

the contact details of the provider of each suitable replacement course;

an explanation that, if tuition fees have been paid for the affected part of the original course, tuition fees would not be payable for the replacement component of the replacement course;

an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the other course to offer a replacement component without charge to the student;

an explanation of the matters the Director must have regard to under subsection (2);

an explanation of the student’s right to request reconsideration, under within 28 days after the day on which the student is given the notice (or such longer period as the Director allows);section 76, of the Director’s decision

an explanation that if, upon reconsideration, it is determined that there is no suitable replacement course for the student, an amount in relation to the student’s loan amount that has been used to pay tuition fees for the student for the affected part will be re-credited to the student’s HELP balance;

any other matters prescribed by the rules.

No suitable replacement course available

an explanation of the matters the Director must have regard to under subsection (2);

an explanation of the student’s right to request reconsideration, under within 28 days after the day on which the student is given the notice (or such longer period as the Director allows);section 76, of the Director’s decision

a statement that, to facilitate early re-crediting, the student may, at any time during the 28 days, give the VSL Tuition Protection Director notice in writing that the student will not seek reconsideration of the decision;

a statement that, if the decision is not reconsidered or is confirmed, an amount in relation to the student’s loan amount that has been used to pay tuition fees for the student for the affected part will be re-credited to the student’s HELP balance.

in a form (if any) approved by the VSL Tuition Protection Director for the information; and

in accordance with such other requirements as the Director makes.

Civil penalty

the provider is given a notice under subsection (1); and

the provider fails to comply with the notice.

Offence

the provider is given a notice under subsection (1); and

the provider fails to comply with the notice.

is granted course credits for parts of the original course successfully completed by the student, as evidenced by:

a statement of attainment or other Australian Qualifications Framework certification documentation issued in accordance with the Australian Qualifications Framework; or

(ii) an authenticated VET transcript prepared by the Registrar (within the meaning of the Student Identifiers Act 2014); and

if tuition fees have been paid for the affected part of the original course—is not charged tuition fees for the replacement component of the replacement course; and

is enrolled in the replacement course as soon as practicable.

Civil penalty

an approved course provider defaults in relation to a student; and

the VSL Tuition Protection Director decides, under paragraph 66E(1)(b), that the Director is not satisfied that there is a suitable replacement course for the student.

stating that an amount in relation to the loan amount that has been used to pay tuition fees for the student for the affected part:

will be re-credited to the student’s HELP balance; and

will be required to be paid by the provider to the Commonwealth; and

inviting the provider to make written submissions to the Director about the amount of the re-credit within 28 days.

making payments in connection with tuition protection;

paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the VSL Tuition Protection Director’s functions, including in managing the VSL Tuition Protection Fund;

paying any remuneration and allowances payable to the VSL Tuition Protection Director;

paying any remuneration and allowances payable to the members of the VSL Tuition Protection Fund Advisory Board;

paying any amount that is required or permitted to be repaid;

reducing the balance of the Fund (and therefore the available appropriation for the Fund) without making a real or notional payment.

the circumstances in which payments may be made;

amounts of different kinds of payments;

methods for calculating different kinds of payments.

facilitating and monitoring the placement of students in relation to whom an approved course provider has defaulted;

paying amounts out of, or reducing the balance of, the VSL Tuition Protection Fund under section 66L;

reporting to the Minister on:

the operation of Part 5A (tuition protection); and

the financial status of the VSL Tuition Protection Fund;

managing the VSL Tuition Protection Fund in a way that ensures that it is able to meet all its liabilities from time to time;

(e) making the legislative instrument each year for the purposes of VET Student Loans (VSL Tuition Protection Levy) Act 2019;section 12 of the

recommending that the Secretary take action against an approved course provider that has defaulted in relation to a student or has otherwise not complied with this Act;

any other function conferred by this Act or any other law of the Commonwealth;

any other function that is incidental or conducive to the performance of the above functions.

section 54C;

section 54D;

section 54E;

section 54F;

section 54J;

section 54L;

section 54N.

the TPS Director engages, except with the Education Minister’s approval, in paid employment outside the duties of his or her office as VSL Tuition Protection Director; or

(b) the VSL Tuition Protection Director fails, without reasonable excuse, to comply with Education Services for Overseas Students Act 2000 as applied to the VSL Tuition Protection Director by item 6 of the table in subsection (1) of this section.section 54F of the

section 55E;

section 55H;

section 55J;

section 56A;

section 56B;

section 56C;

section 56D;

section 56E;

section 56F;

section 56G.

the student applies to the provider in writing for the re-credit; and

the application is made within 12 months after the census day for the course, or the part of the course; and

the provider is satisfied that special circumstances prevented, or will prevent, the student from completing the requirements for the course, or the part of the course.

are beyond the student’s control; and

do not make their full impact on the student until on or after the census day for the course, or the part of the course; and

make it impracticable for the student to complete the requirements for the course, or the part of the course, during the student’s enrolment in the course, or the part of the course.

this section applies to re-credit a student’s HELP balance in relation to an amount of a VET student loan that has been used to pay tuition fees for the student for a course, or a part of a course; and

on or before 1 June 2025, the person incurred a VETSL debt relating to the amount of the VET student loan;

then the amount to be re-credited to the student’s HELP balance under this section is an amount equal to 80% of the amount of the VET student loan.

consider an application for a student’s HELP balance to be re-credited under this section; and

notify the student of the provider’s decision on the application.

The notice must include a statement of the reasons for the decision.

the student is not an eligible student;

the student is not a genuine student;

the student does not have a tax file number;

the student does not have a student identifier.

the provider has failed to comply with this Act; and

the failure has adversely affected the student.

the student has not completed the requirements for the course, or the part of the course, because the provider defaulted in relation to the student; and

the VSL Tuition Protection Director decides, under paragraph 66E(1)(b), that the Director is not satisfied that there is a suitable replacement course for the student.

this section applies to re-credit a student’s HELP balance in relation to a loan amount that has been used to pay tuition fees for the student for an affected part; and

on or before 1 June 2025, the person incurred a VETSL debt relating to the loan amount;

then the amount to be re-credited to the student’s HELP balance under this section is an amount equal to 80% of the loan amount.

stating that the Secretary is considering the re-credit; and

stating the reasons why the Secretary is considering the re-credit; and

inviting the provider to make written submissions to the Secretary about the re-credit within 28 days.

the financial year starting on 1 July 2019; or

a later financial year;

a payment was made in discharge of the whole or a part of a debt that a person owes to the Commonwealth under the Commissioner must:Part 3A,

notify the payment to the Secretary; and

do so as soon as practicable after the end of that financial year.

a person’s VETSL debt because of the operation of section 23BAA; or

a person’s accumulated VETSL debt or former accumulated VETSL debt because of the operation of section 23CCA;

the Commissioner must notify the amount reduced to the Secretary as soon as practicable.

confirm the decision; or

vary the decision; or

set the decision aside and substitute a new decision.

on the day specified in the reconsidered decision; or

if a day is not specified—on the day on which the reconsidered decision is made.

must be given within a reasonable period after the reconsidered decision is made; and

must contain a statement of the reasons for the reconsidered decision.

an application for reconsideration of the decision has been made under section 76; or

the decision has been reconsidered under section 76; or

an application has been made under section 80 for review of the reconsidered decision by the Administrative Review Tribunal.

the application is referred to the guidance and appeals panel under section 122 of that Act; or

a guidance and appeals panel application is taken to be made because the Administrative Review Tribunal’s decision on the review is referred to the guidance and appeals panel under section 128 of that Act.

confirm the decision; or

vary the decision; or

set the decision aside and substitute a new decision.

on the day specified in the reconsidered decision; or

if a day is not specified—on the day on which the reconsidered decision is made.

must be given within a reasonable period after the reconsidered decision is made; and

must contain a statement of the reasons for the reconsidered decision.

was not involved in making the decision; and

occupies a position at a level not lower than that of the delegate who made the decision.

was not involved in making the decision; and

occupies a position at a level not lower than that of the delegate who made the decision.

the chief executive officer of the provider; or

a delegate of the chief executive officer of the provider.

was involved in making the decision; or

occupies a position at a level lower than that of the person who made the decision.

confirm the initial decision; or

vary the initial decision; or

set the initial decision aside and substitute a new decision.

on the day specified in the reconsidered decision; or

if a day is not specified—on the day on which the reconsidered decision is made.

must be given within a reasonable period after the reconsidered decision is made; and

must contain a statement of the reasons for the reconsidered decision.

an officer of a Tertiary Admission Centre;

an officer of an approved course provider;

an officer of an approved external dispute resolution scheme operator.

TEQSA;

the National VET Regulator;

an agency or authority of a State or Territory responsible for regulating vocational education or vocational training in the State or Territory;

the Australian Competition and Consumer Commission;

an approved external dispute resolution scheme operator;

an agency that is administered by a Minister who administers any of the following:

(i) the Human Services (Centrelink) Act 1997;

(ii) the Social Security Act 1991;

(iii) the Student Assistance Act 1973;

a law of the Commonwealth prescribed by the rules for the purposes of this paragraph.

a Department, agency or authority of the Commonwealth, a State or a Territory;

(b) an enforcement body (within the meaning of the Privacy Act 1988).

a Department, agency or authority of the Commonwealth, a State or a Territory;

(b) an enforcement body (within the meaning of the Privacy Act 1988).

improving the provision of vocational education and training;

research relating to the provision of vocational education and training, including research relating to:

quality assurance; or

planning the provision of vocational education and training.

a State or Territory agency;

an approved course provider;

a person who performs services for or on behalf of an approved course provider;

a body or association determined, by legislative instrument, by the Minister for the purposes of this paragraph.

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:

uses the information; or

discloses the information to another person.

a law of the Commonwealth; or

a law of a State or Territory listed in the rules for the purposes of this paragraph.

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.

a law of the Commonwealth; or

a law of a State or Territory listed in the rules for the purposes of this paragraph.

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:

the disclosure is not for a permitted purpose;

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.

a law of the Commonwealth; or

a law of a State or Territory listed in the rules for the purposes of this paragraph.

the person causes any unauthorised access to, or modification of, personal information; and

the personal information is VET information:

that is held on a computer; and

to which access is restricted by an access control system associated with a function of the computer; and

the person intends to cause the access or modification; and

the person knows that the access or modification is unauthorised; and

one or more of the following apply:

the information is held on a computer of an approved course provider;

the information is held on behalf of an approved course provider;

the information is held on a computer of a Tertiary Admission Centre;

the information is held on behalf of a Tertiary Admission Centre.