Document ID: chunk:federal_register_of_legislation:F2024C00020:reg:39
Version: federal_register_of_legislation:F2024C00020
Segment Type: reg
Provision Reference: reg 39
Character Range: 72475–75262

39    Results of assessments

        (1)    A VET provider's student entry procedure must specify that the results of assessing a student's competence in reading and numeracy under the procedure are to be reported:
(a)    to the student as soon as practicable after the assessment; and
(b)    to the Secretary in the form, manner and by the time requested by the Secretary

        (2)    A VET provider's student entry procedure must specify that the VET provider must retain these results for at least 5 years.

Division 6—Compliance with plans for resolving audit concerns

 40 Compliance with plans for resolving audit concerns

        If the suspension of a body's approval as a VET provider under subclause 36(5) of Schedule 1A to the Act is partly of no effect (see subclause 37(6) of that Schedule), the body must comply with any plan that:
(a)    is agreed between the provider and the Commonwealth; and
(b)    is about resolving the concerns identified by the audit that led to that suspension.

Part 5—Student fairness

        41    Equal benefits and opportunity requirements

        (1)    This section is made for the purposes of clause 18 of Schedule 1A to the Act.

        (2)    A VET provider must treat equally and fairly all students seeking to enrol as VET students in VET units of study with the VET provider.

        (3)    A VET provider must have open, fair and transparent procedures that the VET provider reasonably believes are based on merit for making decisions about:
(a)    the selection of students seeking to enrol as VET students in VET units of study with the VET provider; and
(b)    the treatment of such students.

        (4)    Subsection (2) does not prevent a VET provider from taking into account:
(a)    any education disadvantages a particular student has experienced, provided that the student meets the entry procedure requirements under clause 45B of Schedule 1A to the Act for the VET unit of study; or
(b)    that a student may be enrolled in the VET unit of study in accordance with a VET restricted access arrangement applying to the VET course of study of which the unit forms part.

        (5)    To avoid doubt, if it is necessary to provide a particular benefit to a student in order for the student to receive equal and fair treatment, then this Part does not prevent a VET provider from providing the student with that benefit.

             Example:   The VET provider provides the student with a scholarship as a way for the student to receive equal and fair treatment.

        (6)    Subsection (5) does not limit section 24 (about not contravening civil penalty provisions).

             Note: One of those civil penalty provisions (clause 39DC of Schedule 1A to the Act) deals with inappropriate inducements.