Document ID: chunk:federal_register_of_legislation:F2017L01236:schedule:2:p2
Version: federal_register_of_legislation:F2017L01236
Segment Type: schedule
Provision Reference: sch 2 (pt 2/3)
Character Range: 17202–20166

for handling complaints must be fair and reasonable. The policies must be either published on the CPD provider's website or provided to participants at the time of enrolment.

    2.5 A CPD provider's policies and administrative arrangements for handling cancellations and refunds must:
        1. be fair and reasonable;
        2. include that fees paid in advance will be protected, enabling participants to obtain a full refund if the CPD activity is cancelled by the CPD provider; and
        3. be published on the CPD provider's website or be provided to participants at the time of enrolment.

  3.     Personnel

    3.1 A CPD provider must ensure that a CPD activity is prepared or presented by persons who are suitably qualified, whether formally or by experience, to conduct the CPD activity.

    3.2  A CPD provider, and any person employed by, or providing services to or on behalf of, the CPD provider in relation to the conduct of CPD activities, is not to use the learning environment as a means of discouraging registered migration agents from cooperating with or working constructively with the Department, including the OMARA, or to bring the migration advice profession into disrepute.

    3.3 A CPD provider must take all reasonable steps to avoid any conflict of interest (real or perceived) in connection with its dealings with the OMARA.

  4.     Marketing and Advertising

    4.1  A CPD provider must ensure that the marketing and advertising of CPD activities is undertaken in a professional and lawful manner and maintains the integrity and reputation of CPD providers and the migration advice profession.

    4.2 In marketing and other related material for participants, including when in electronic form, a CPD provider must:

        1. clearly identify the CPD provider's name;
        2. include the duration and type of the CPD activity;
        3. include the number of points that the CPD activity is worth; and
        4. not give false or misleading information or advice in relation to the CPD activity or the CPD provider.

    4.3  A CPD provider must advertise upcoming CPD activities on the OMARA website, utilising the Advertising Activities facility, which enables the electronic reporting of attendance.

    4.4 If a CPD provider has a website, the CPD provider must ensure that any information published on the website regarding CPD activities is accurate and current. The CPD provider must also ensure that the information is consistent with any information provided through the Advertising Activities facility on the OMARA website.

    4.5 A CPD provider must ensure the marketing and advertising of its activities and services complies with the Spam Act 2003, as amended from time to time. In particular, any commercial electronic messages must contain a functional unsubscribe facility.

  5.     Evaluation and Continuous Improvement

    5.1 A CPD provider must have evaluation processes