Document ID: chunk:federal_register_of_legislation:F2024C00020:reg:93:p4
Version: federal_register_of_legislation:F2024C00020
Segment Type: reg
Provision Reference: reg 93 (pt 4/6)
Character Range: 20648–23678

set out matters relevant to re-crediting a student's HELP balance under subclause 46(2) of Schedule 1A to the Act.

  8    Requirements for VET tuition assurance

        (1)    These requirements have 4 parts:
(a)    the VET course assurance requirements (see Division 2); and
(b)    the VET tuition fee repayment requirements (see Division 3); and
(c)    the general requirements (see Division 4); and
(d)    the administrative and activation requirements (see Division 5).

        Note: Exempt bodies do not need to comply with these requirements.

        (2)    Some related matters are in Division 6.

Division 2—VET course assurance requirements

 9 VET course assurance requirements

        (1)    To meet the VET course assurance requirements, a body (the first body) must demonstrate to the Secretary's satisfaction that:
(a)    it has in place one or more arrangements of a kind described in subsection (2); and
(b)    those arrangements are sufficient to cover all students enrolled as VET students in VET units of study with the first body at any time.

        (2)    The kinds of arrangements are as follows:
(a)    membership of a VET tuition assurance scheme that:
              (i)    is operated by the Australian Council for Private Education and Training or TAFE Directors Australia; and
              (ii)    is capable of ensuring that the VET course assurance option can be successfully implemented for students enrolled as VET students in VET units of study with the first body;
(b)    a legally-binding agreement with one or more bodies that:
              (i)    are VET providers, or become VET providers within 12 months after the first body is approved as a VET provider; and
              (ii)    are capable of making all necessary arrangements to ensure that the VET course assurance option can be successfully implemented for students enrolled as VET students in VET units of study with the first body; and
              (iii)    have the necessary financial and administrative resources to fulfil all such arrangements;
           (c)    a legally-binding guarantee provided by a body corporate (a VET course assurance guarantor) that it:
              (i)    is capable of making all necessary arrangements to ensure that the VET course assurance option can be successfully implemented for students enrolled as VET students in VET units of study with the first body; and
              (ii)    has the necessary financial and administrative resources to fulfil all such arrangements.
        This subsection has effect subject to subsection 12(1) (about corporate separation).

        VET course assurance option

        (3)    Subsections (4) and (5) provide for the VET course assurance option.

        (4)    Subsection (5) applies for a student if:
(a)    the first body ceases to provide an eligible VET course of study (the first course) at a particular time, and as a result ceases to provide a VET unit of study that forms part of the course; and
(b)    the student is enrolled as