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TasTAFEVET FEE-HELP Policy Guide

Background

VET FEE-HELP is one of a suite of initiatives under the National Partnership on Skills Reform (NSPR). The NPSR details Tasmania’s approach to reform and was formally agreed between the Commonwealth and Tasmanian governments in January 2013. The main driver for VET FEE-HELP is to improve access to higher level VET qualifications as an equivalent to HECS for tertiary education.

TasTAFE has committed to implementing VET FEE-HELP as payment option for all students enrolling in Diploma and above qualifications from 01 July 2014. A suite of policies, procedures and forms have been developed as the framework for ongoing management of VET FEE-HELP at TasTAFE.

1.Policy Scope

This policy guide defines VET FEE-HELP in the TasTAFE context and applies to all activities conducted by TasTAFE relating to VET FEE-HELP. It is relevant to all staff involved in administering the procedures and activities forDiploma and above qualifications through which a student may apply for VET FEE-HELP. The policy guide and all associated documentation are available through

2.Policy Purpose

The purpose of this policy guide is to provide a comprehensive set of guidelines and principles for TasTAFE in the administration of the Commonwealth Government loan scheme VET FEE-HELP. The VET Guidelines 2013 define student eligibility for VET FEE-HELP. All eligible students undertaking a full qualification at Diploma and above level qualifications at TasTAFE are entitled to VET FEE-HELP.

3.Policy Statement

Eligibility

Under Schedule 1A of the Higher Education Support Act (HESA),TasTAFE must comply with the following VET FEE-HELP eligibility requirements:

VET Course of Study Eligibility

To be eligible for VET FEE-HELP a VET course of study must be a program of study that results in a VET Diploma, Advanced Diploma, VET Graduate Certificate or VET Graduate Diploma.

Student Eligibility

To be eligible for VET FEE-HELP the student must:

  • be an Australian citizen; or a permanent humanitarian visa holder who will be resident in Australia for the duration of the unit; AND
  • have an available FEE-HELP balance; AND
  • be enrolled, and have submitted their ‘Request for VET FEE-HELP Assistance’ form on or before Census Date; AND
  • meet the Tax File Number requirements; AND
  • be undertaking a unit as part of a VET course of study.

Notes: New Zealand citizens who hold a Special Category Visa will be able to access VET FEE-HELP, providing they:

  • first entered Australia as a dependent child aged under 18 years of age;
  • have been ordinarily resident in Australia for the previous 10 years (that is, they have been physically present in Australia for at least eight out of the past 10 years) and 18 months out of the last two years at the time of application for the loan; and
  • are otherwise eligible for the loan.

Where a student declares their eligibility for VET FEE-HELP and this subsequently turns out not to be the case, TasTAFE will be required to repay the amount of VET FEE-HELP assistance provided to the student back to the Commonwealth; subsequently TasTAFE will invoice a student for these same costs.

4.Legislative/Statutory Requirements

Tuition Assurance Requirements

TasTAFE must comply with the requirements for VET tuition assurance set out in Schedule 1A of the HESA and the VET Guidelines 2013.

The objective of the VET tuition assurance requirements is the protection of students enrolled under VET FEE-HELP. In the event that TasTAFE ceases to provide a VET course of study in which a student is enrolled the student is entitled to a choice of:

  • an offer of a place in a similar VET course of study with a Second Provider without any requirement to pay the Second Provider any VET tuition fee for any replacement VET units (this is known as the “VET Course Assurance Option"); OR
  • a refund of his or her up-front payments for any VET unit of study that the student commences but does not complete because TasTAFE ceases to provide the VET course of study of which the VET unit forms part (this is known as the "VET Tuition Fee Repayment Option")

TasTAFE is required to publish and make publicly available to all enrolling students a complete and unambiguous ‘Statement of VET Tuition Assurance’. This document should explain the VET Tuition Assurance requirements and the VET Tuition Assurance scheme that is in place to meet the VET Tuition Assurance requirements for each of its VET courses of study. TasTAFE must ensure that each enrolling student is provided with clear information about where a copy of the Statement of VET Tuition Assurance may be obtained.

The statement is available on

Quality and Accountability Requirements

TasTAFE must meet and continue to comply with all of the VET Quality and Accountability Requirements in order to maintain its approved status as a VET provider under Schedule 1A of the HESA. These requirements include:

Financial Viability

As a VET provider, TasTAFE must be financially viable and likely to remain financially viable. TasTAFE is required to provide to the Commonwealth a financial statement for each annual financial reporting period in which a student has engaged with TasTAFE for VET FEE-HELP assistance.

VET Quality

As a VET provider, TasTAFE must continue to operate at an appropriate level of quality which the Commonwealth is satisfied meets the requirements set out in the Standards for NVR Registered Training Organisations.

Fair Treatment and Equal Benefits and Opportunity

As a VET provider, TasTAFE must treat fairly all students enrolled or seeking to enrol who are or would be entitled to VET FEE-HELP assistance. TasTAFE must have open, fair and transparent procedures that are based on merit for making decisions in relation to VET FEE-HELP assistance. TasTAFE is required to publish and make publicly available its procedures that relate to fair treatment and equal benefits and opportunity. The policies and procedures are published on

Grievance and Review Procedures

As a VET provider, TasTAFE must have grievance procedures to deal with academic and non-academic complaints by students and persons seeking to enrol at TasTAFE, who are or would be entitled to VET FEE-HELP assistance. TasTAFE is required to publish and make publicly available up-to-date details of the grievance procedures. The grievance procedures required under VET FEE-HELP are in addition to other requirements or responsibilities that TasTAFE as an RTO may be required to have in place.

TasTAFE must publish and make publicly available the review procedure for dealing with appeals to decisions relating to VET FEE-HELP. The procedures are published on

Compliance

As a VET provider, TasTAFE is required to provide the Commonwealth with any statistical or other information requested in respect of the provision of Vocational Education and Training and compliance with Schedule 1A of the HESA.

Fees & Charges

TasTAFE is required to determine the tuition fees for each VET unit of study it provides or proposes to provide to students during a particular period. TasTAFE is required to provide the Minister with a schedule of fees in a form approved by the Minister and in accordance with the requirements that the Minister determines in writing.

The schedule of fees must provide sufficient information to enable a person to work out their tuition fee for each VET unit of study. The schedule must be made available to all students enrolled, or persons seeking to enrol, on request and without charge. The schedule of VET tuition fees must be published by TasTAFE on or before the earliest enrolment date for units of study.

TasTAFE may only vary a VET tuition fee for a VET unit of study if:

a)the variation is:

-necessary due to circumstances that did not apply at the time the tuition fee or census date was determined; or

-to correct an administrative error; and

b)the provider notifies the Commonwealth, in writing of its intention to vary the tuition fee or census date at least five (5) business days before making the change; and

c)in the provider’s reasonable view, the change does:

-not disadvantage a student enrolled or a person seeking to enrol; and the date is prior to the census date of the VET unit of study; OR

-does disadvantage a student enrolled or a person seeking to enrol; and the date is more than two months before the earlier of:

  • the commencement date of the VET unit of study; and
  • the last date a person may enrol in the VET unit of study without incurring a late enrolment fee.

Note: Without limiting (c) above, a VET student or person will be disadvantaged by a variation that increases the VET tuition fee.

TasTAFE must publish the replacement schedule no later than 10 business days after making the variation. Where the relevant Minister has approved a variation to a VET tuition fee, TasTAFE must publish the replacement schedule no later than 10 days after the Minister gives approval for the variation.

Census Dates & EFTSL Values

TasTAFE will, for each VET unit of study that it provides or proposes to provide during the first or second period of the year, determine:

  • a particular date to be the Census Date for the unit; and
  • an EFTSL value for the unit.

The Census Date must occur not less than 20% of the way through the period during which the unit is undertaken.

TasTAFE will set four Census Dates per year.

Where a published Census Date is available only through the internet or in other electronic format, TasTAFE must also provide students with access to an information system which students can use to access the information.

For a VET unit of study which is being undertaken through a ‘restricted access arrangement’, TasTAFE must inform and make available to each student within five days of commencement of the unit, the Census Date.

TasTAFE may only vary a published census date if:

a) the variation is:

i. necessary because of circumstances that did not apply at the time the census date was determined; or

ii. to correct an administrative error; and

b) TasTAFE has advised the Commonwealth of its intention to make the variation at least five business days before making the variation; and

c) In TasTAFE’s reasonable view, the variation:

i. does not disadvantage a VET student, or person seeking to enrol in the VET unit of study; and

ii. is prior to the census data of the VET unit of study; or

d) in TasTAFE’s reasonable view, the variation will disadvantage a student enrolled, or a person seeking to enrol, in the VET unit of study affected by the variation, and the date is more than two months before the earlier of:

i. the date of commencement of the VET unit of study; and

ii. the last date that a person can enrol in the VET unit of study without incurring a late enrolment fee.

Without limiting paragraphs (c) and (d) above, a student or person will be disadvantaged by a variation that brings the published census date forward in time.

Where the variation does disadvantage a student enrolled or a person seeking to enrol and is made within two months of the earlier of the dates ascertainedin accordance with paragraph (d) above, the variation must be approved by the Minister in writing.

Where the published census date has been varied, TasTAFE must publish, via internet site, the varied census date no later than 10 business days after making the variation. As the information will only be available to students via the internet, TasTAFE must also provide access to an information system (e.g. direct students to the Library) which the student can use to access the information.

Where the Minister has approved a variation to a published census date (i.e. the variation does disadvantage a student enrolled or a person seeking to enrol), TasTAFE must publish the varied census date no later than 10 business days after the day the Minister gives approval for the variation.

Enrolment Dates

Students must be enrolled prior to Start of Study for the relevant semester/census period. TasTAFE cannot guarantee a position in a program unless the student is enrolled prior to its start date. Note: Programs may be cancelled due to insufficient enrolments.

Publication of Census Dates

TasTAFE is required to publish CensusDates for each VET unit of study, with the exception of ‘restricted access arrangements’ on or before the earliest enrolment date for units of study.

FEE HELP-Balances

It is the responsibility of students and persons seeking to enrol at TasTAFE to be aware of their current FEE-HELP balance and to advise TasTAFE if they do not have sufficient FEE-HELP balance to cover their tuition fee/s.

If a student enrols in a VET unit/s of study and the tuition fee/s exceed the student’s FEE-HELP balance, the student will receive VET FEE-HELP assistance only for an amount equal to the student‘s current FEE-HELP balance. The student will be required to pay the remainder of their tuition fees direct to TasTAFE immediately.

Students who are approaching the limit of their FEE-HELP balance, and who are enrolled with more than one provider must notify each provider of how much VET FEE-HELP assistance they wish to receive for their units.

In cases where students are enrolled in more than one unit with multiple providers on the same Census Date, and fail to notify their providers that they do not have enough FEE-HELP balance to cover all units, VET FEE-HELP assistance will be determined according to the order of precedence in Commonwealth reporting systems. Should a student have an insufficient FEE-HELP balance to cover a unit of study, the Commonwealth will notify TasTAFE via an exception report. TasTAFE will be accountable for recovering anyoutstanding tuition fees from students. The Commonwealth is only liable to pay up to the amount of the student’s FEE-HELP balance.

Re-crediting FEE-HELP Balances

Students who withdraw from their studies after Census Date or who do not complete the requirements for the VET unit/s of study can apply to have their balance re-credited or upfront payments refunded in special circumstances. TasTAFE will advise the student when they withdraw from studies that they may apply, in writing to TasTAFE, to re-credit their FEE-HELP balance and for a remission of their VET FEE-HELP debt. A student cannot apply if they have successfully completed the VET unit/s of study.

TasTAFE must, where it is satisfied that special circumstances apply, either;

  • re-credit a student’s FEE-HELP balance with an amount equal to the VET FEE-HELP assistance that the student received for the VET unit/s of study; and/or
  • refund any upfront payments made by the student prior to the Census Date.

If a student’s FEE-HELP balance is re-credited, any VET FEE-HELP debt they acquired for the VET unit/s of study must be remitted and TasTAFE must repay any amounts of VET FEE-HELP assistance for the VET unit/s of study to the Commonwealth.

Special Circumstances

TasTAFE must re-credit or remit if TasTAFE is satisfied that ‘special circumstances’ apply to the student that were:

  • beyond the person’s control;
  • did not make their full impact on the person until on, or after, the Census Date; and
  • made it impracticable for the person to complete the requirements for the VET unit/s of study in the period during which the person undertook, or was to undertake, the VET unit/s of study.

Special circumstances do not include, for example:

  • lack of knowledge or understanding of requirements for VET FEE-HELP assistance; or
  • a person’s incapacity to repay a HELP debt, as repayments are income contingent and the person can apply for a deferral of a compulsory repayment in certain circumstances.

Application Period

A student’s application to re-credit FEE-HELP balance must be made, in writing, within 12 months of the withdrawal date from a unit, or, if the student has not withdrawn, within 12 months of the end of the period of study in which theunit/s of study were, or were to be, undertaken. TasTAFE may waive the application period on the grounds that it would not be, or was not, possible for the application to be made before the end of that period.

Commonwealth Assistance Notice (CAN)

TasTAFE will issue each student requesting VET FEE-HELP with a Commonwealth Assistance Notice (CAN). Note: This will be issued regardless of whether the student has made a full up-front payment of their tuition fees and therefore has not incurred a VET FEE-HELP debt on that Census Date.

A CAN must be supplied within twenty-eight days of the earliest Census Date indicated in the notice.

If after issuing a CAN to a student TasTAFE is satisfied that information in the notice is not, or has ceased to be, correct TasTAFE will issue a further CAN to the student setting out the correct information.