Document ID: chunk:federal_register_of_legislation:F2024C00020:reg:29
Version: federal_register_of_legislation:F2024C00020
Segment Type: reg
Provision Reference: reg 29
Character Range: 58668–60899

29    Agreement with each agent or associate

        (1)    The VET provider must ensure that it has a written agreement, with another person, that is in force at all times while that person is the VET provider's agent or associate.

        (2)    A VET provider must ensure that the agreement with the agent or associate (the
        agent) specifies:
(a)    the responsibilities and requirements the agent must meet and comply with when acting on behalf of the VET provider; and
(b)    the processes the VET provider is to use for monitoring how the agent acts on behalf of the VET provider; and
(c)    termination conditions; and
(d)    the remuneration or fees to be paid to the agent by the VET provider.

        (3)    Without limiting paragraph (2)(a), the agent's responsibilities and requirements must include the following:
(a)    the agent must not contravene any provision mentioned in subsection 28(1);
(b)    the agent must act in a manner consistent with the VET provider's obligations under the Act, this instrument and any other applicable law, and that the agent gives an undertaking to that effect;

(c)    the agent must not subcontract the agent's role described in the agreement;
(d)    the agent must identify themselves as the VET provider's agent to each person the agent approaches on behalf of the VET provider;
(e)    for each prospective student of the VET provider that the agent approaches in a way that does not involve cold-calling—the agent must disclose to the prospective student:
              (i)    the name of the VET provider that the prospective student's name would be referred to; and
              (ii)    the VET course of study to which the referral relates; and
              (iii)    that the agent will receive a fee or commission if the prospective student were to enrol with the VET provider; and
              (iv)    full, accurate and up-to-date information about VET FEE-HELP assistance.

        (4)    A VET provider must clearly and prominently publish on its website a list of all of its current and past agents or associates. The list must include, for each agent or associate, the period the agreement under subsection (1) with the agent or associate is in force.