Victorian Numbered Regulations

EDUCATION AND TRAINING REFORM AMENDMENT (DISPUTE RESOLUTION AND STUDENT WELFARE SCHEME) REGULATIONS 2013 (SR NO 172 OF 2013) - REG 10

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;

        (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

        (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.

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