Document ID: chunk:federal_register_of_legislation:F2024C00020:reg:38
Version: federal_register_of_legislation:F2024C00020
Segment Type: reg
Provision Reference: reg 38
Character Range: 70054–72475

38    How to assess whether a student is academically suited

        (1)    For the purposes of subparagraph 37(2)(b)(i), a VET provider's student entry procedure must:
(a)    describe the process (including the tools) for validly and reliably assessing a student's competence in reading and numeracy against the Australian Core Skills Framework; and
(b)    specify one of the following as a tool to be used as part of that process:
              (i)    the software platform titled Core Skills Profile for Adults, published by the Australian Council for Educational Research Limited in July 2013, as the platform exists on 1 January 2016;
              (ii)    the title of a tool approved under subsection (2) for the VET provider; and
(c)    require that process to be conducted with honesty and integrity.

             Note: The platform mentioned in subparagraph (b)(i) was in 2015 available on that Council's website (www.acer.edu.au).

        (2)    The Minister may, on application by a VET provider in a form approved by the Minister, approve a tool for assessing a student's competence in reading and numeracy if the Minister is satisfied:
(a)    that the tool is a valid, reliable, fair and well-constructed way of assessing whether that competence is at or above Exit Level 3 in the Australian Core Skills Framework; and
(b)    that the VET provider has had the tool appropriately, and independently, verified and evaluated using evidence-based assessment.

        Note: A decision refusing to approve a tool is reviewable under Part 11.

        (3)    In approving a tool under subsection (2), the Minister must have regard to the document titled Assessment of LLN testing instruments and processes for VET FEE-HELP providers, published by the Department in December 2015, as the document exists on 1 January 2016.

             Note 1: A consequence of this subsection is that the person or body verifying and evaluating a tool as described in paragraph (2)(b) will also need to have regard to this document.

             Note 2: This document could in 2015 be viewed on the Department's website (www.education.gov.au).

        (4)    A fee may be charged by a person or body for the use of a tool referred to in paragraph (1)(b).

             Note: A person or body verifying and evaluating a tool as described in paragraph (2)(b) could also decide to charge the VET provider a fee for doing so.