Document ID: chunk:federal_register_of_legislation:F2017L01182:reg:5:p4
Version: federal_register_of_legislation:F2017L01182
Segment Type: reg
Provision Reference: reg 5 (pt 4/20)
Character Range: 24171–27354

including the TPS, or state or territory agencies, in accordance with the Privacy Act 1988
          3.3.7          outline the registered provider's internal and external complaints and appeals processes, in accordance with Standard 10 (Complaints and appeals)
          3.3.8          state that the student is responsible for keeping a copy of the written agreement as supplied by the registered provider, and receipts of any payments of tuition fees or non-tuition fees
          3.3.9          only use links to provide supplementary material.

     3.4               The registered provider must include in the written agreement the following information, which is to be consistent with the requirements of the ESOS Act, in relation to refunds of tuition fees and non-tuition fees in the case of student default and provider default:

          3.4.1          amounts that may or may not be repaid to the overseas student (including any tuition and non-tuition fees collected by education agents on behalf of the registered provider)
          3.4.2          processes for claiming a refund
          3.4.3          the specified person(s), other than the overseas student, who can receive a refund in respect of the overseas student identified in the written agreement, consistent with the ESOS Act
          3.4.4          a plain English explanation of what happens in the event of a course not being delivered, including the role of the TPS
          3.4.5          a statement that "This written agreement, and the right to make complaints and seek appeals of decisions and action under various processes, does not affect the rights of the student to take action under the Australian Consumer Law if the Australian Consumer Law applies".

     3.5               The registered provider must include in the written agreement a requirement that the overseas student or intending overseas student, while in Australia and studying with that provider, must notify the registered provider of his or her contact details including:
          3.5.1          the student's current residential address, mobile number (if any) and email address (if any)
          3.5.2          who to contact in emergency situations
          3.5.3          any changes to those details, within 7 days of the change.

     3.6               The registered provider must retain records of all written agreements as well as receipts of payments made by students under the written agreement for at least 2 years after the person ceases to be an accepted student.

 Standard 4

 Education agents

     4.1               The registered provider must enter into a written agreement with each education agent it engages to formally represent it, and enter and maintain the education agent's details in PRISMS.

     4.2               The written agreement must outline:
4.2.1         the responsibilities of the registered provider, including that the registered provider is responsible at all times for compliance with the ESOS Act and National Code 2018
4.2.2         the registered provider's requirements of the agent in representing the registered provider as outlined in Standard 4.3
          4.2.3