235D Ministerial direction to registered private training establishments relating to compulsory student services fees

(1)

For the purpose of ensuring accountability in the use of compulsory student services fees, the Minister may give a registered private training establishment or registered private training establishments a written direction that—

(a)

lists the categories of student services that the establishment or establishments may make available to students:

(b)

requires the establishment or establishments to hold the fees in a specified manner (for example, in a separate account to be used solely for the purpose of expenditure on student services) and, if the fees are to be held in an account, ensure that the account is audited:

(c)

requires the establishment or establishments to establish adequate arrangements for decisions to be made jointly or in consultation with the students enrolled at the establishment, or their representatives, on all or any of the following matters:

(i)

the types of student services that, subject to subsection (2)(a), are to be made available to students:

(ii)

the categories of student services that, subject to subsection (2)(b), are to be made available to students:

(iii)

the maximum amount that students may be charged for the student services that are to be made available (the student services fee):

(iv)

the procurement of student services:

(v)

the method for authorising expenditure on student services:

(d)

requires the establishment or establishments to provide each year to students a written report including the following information:

(i)

a description of the services funded out of the student services fee:

(ii)

a statement of the fee income and expenditure for each type of student service:

(iii)

the student services fee expressed as an amount payable per student:

(iv)

a statement describing how the establishment has complied with any requirement to hold fees in a manner specified in a direction given under paragraph (b):

(e)

requires the establishment or establishments to publish information about the following matters on an Internet site maintained by the establishment:

(i)

the student services fee expressed as an amount payable per student:

(ii)

the arrangements that the establishment has established for decisions to be made jointly or in consultation with students or their representatives in accordance with paragraph (c):

(iii)

how students can participate in the process of joint decision making or consultation mentioned in paragraph (c).

(2)

If the Minister lists under subsection (1)(a) categories of student services that may be made available to students (listed categories),—

(a)

the types of student services described in subsection (1)(c)(i) must fall within the listed categories; and

(b)

the categories of student services described in subsection (1)(c)(ii) must be listed categories.

(3)

A direction given under subsection (1)—

(a)

may include all or any of the things specified in paragraphs (a) to (d) of that subsection:

(b)

must specify when it must be complied with.

(4)

If a registered private training establishment does not comply with a direction given under subsection (1), the Minister may give a written direction to that establishment specifying—

(a)

the types of student services that the establishment may make available to students; and

(b)

the maximum amount that students may be charged for those services; and

(c)

when the direction must be complied with.

(5)

Before giving a direction under subsection (1) or (4), the Minister must,—

(a)

by notice in the Gazette,—

(i)

set out the proposed direction; and

(ii)

invite submissions on it; and

(iii)

state a final date for receipt of submissions (being a date no later than 21 days after the date of the Gazette notice); and

(b)

consider the submissions (if any) on the proposed direction.

(6)

In subsection (1), compulsory student services fees are fees for the provision of student services that a student must pay to a registered private training establishment as a condition of enrolment in a programme or training scheme at the establishment.

Section 235D: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).

Section 235D(1)(d): replaced, on 30 March 2018, by section 31 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 235D(1)(e): inserted, on 30 March 2018, by section 31 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).