Document ID: chunk:federal_register_of_legislation:F2024C00276:schedule:6:p1
Version: federal_register_of_legislation:F2024C00276
Segment Type: schedule
Provision Reference: sch 6 (pt 1/3)
Character Range: 80689–84227

Schedule 6

Requirements for protecting fees prepaid by individual learners, or prospective learners, for services

These requirements do not override obligations and requirements of the Education Services for Overseas Students Act 2000 (Cth).

Type of RTO                                    Requirement
Government Entity or an Australian university  The RTO implements a policy addressing learner fee protection arrangements. This policy details how, if the RTO is unable to provide services for which the learner has prepaid, the learner will:
                                                  be placed into an equivalent course such that:
                                                        ‑ the new location is suitable to the learner; and
                                                        ‑ the learner receives the full services for which they have prepaid at no additional cost to the learner; or
                                                  be paid a refund of any prepaid fees for services yet to be delivered above the threshold prepaid fee amount.
All other RTOs                                 The RTO addresses learner fee protection by implementing one or more of the following arrangements:
                                               1. The RTO holds an unconditional financial guarantee from a bank operating in Australia where:
                                                       a)  the guarantee is for an amount no less than the total amount of prepaid fees held by the RTO in excess of the threshold prepaid fee amount for each learner for services to be provided by the RTO to those learners; and
                                                       b)   all establishment and ongoing maintenance costs for the bank guarantee are met by the RTO.
                                               2. The RTO holds current membership of a Tuition Assurance Scheme approved by its VET Regulator which, if the RTO is unable to provide services for which the learner has prepaid, must ensure:
                                                    a) the learner will be placed into an equivalent course such that:
                                                         ‑ the new location is geographically close to where the learner had been enrolled; and
                                                         ‑ the learner receives the full services for which they have prepaid at no additional cost to the learner; or
                                                    b) if an equivalent course cannot be found, the learner is paid a refund of any prepaid fees for services yet to be delivered above the threshold prepaid fee amount.
                                               3. Any other fee protection measure approved by the VET Regulator.

Endnotes

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history

Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of