Education Amendment Act 2011

New Part 18 of principal Act substituted

32  New Part 18 substituted
  • Part 18 is repealed and the following Part substituted:

    Part 18
    Private training establishments

    Interpretation

    232 Interpretation
    • In this Part, unless the context otherwise requires,—

      Authority means the Qualifications Authority

      code means the code of practice established under section 238F

      governing member, in relation to a private training establishment, means—

      • (a) any director:

      • (b) any member occupying a position equivalent to that of a director:

      • (c) if the establishment is a trust, any trustee:

      • (d) if the establishment is a partnership, any partner:

      • (e) any senior manager:

      • (f) any shareholder with a controlling interest in the establishment

      senior manager, in relation to a private training establishment, means—

      • (a) the chief executive officer or person occupying an equivalent position; or

      • (b) any member of staff in charge of academic issues, marketing, administration, finance, student fee trust funds, or student services.

    Programmes and training schemes in which international students enrolled

    232A Requirements that private training establishments must comply with before enrolling international students
    • (1) A private training establishment must not enrol an international student in, or permit an international student to begin to undertake, all or part of a programme at the establishment unless—

      • (a) the establishment is registered under section 233 and is a signatory to the code; and

      • (b) either—

        • (i) the programme is an approved programme and the establishment is accredited to provide the entire programme; or

        • (ii) the programme is of less than 3 months' duration and is exempted under section 232B; and

      • (c) if standards from the Directory of Assessment Standards are included in the programme, the establishment has a consent to assess against standards.

      (2) A private training establishment must not enrol an international student to begin to undertake a training scheme at the establishment unless—

      • (a) the establishment is a registered establishment and is a signatory to the code; and

      • (b) either—

        • (i) the training scheme is an approved training scheme; or

        • (ii) the training scheme is of less than 3 months' duration and is exempted under section 232B; and

      • (c) if standards from the Directory of Assessment Standards are included in the training scheme, the establishment has a consent to assess against those standards.

      (3) For the purposes of this section and section 232B, a programme or training scheme is of less than 3 months' duration if the period starting on the day on which the programme or scheme starts and ending on the day on which it ends (or is likely to end) is less than 3 calendar months, irrespective of the number of days during that period on which the programme or training scheme is, or is proposed to be, provided.

      Compare: 1989 No 80 s 232

    232B Exemptions
    • (1) The Authority may, by notice in the Gazette,—

      • (a) exempt programmes for the purposes of section 232A(1)(b)(ii); or

      • (b) exempt training schemes for the purposes of section 232A(2)(b)(ii).

      (2) A notice under subsection (1)—

      • (a) may exempt only programmes or training schemes that are, or are likely to be, of less than 3 months' duration; and

      • (b) may identify programmes or training schemes, or classes of programmes or training schemes, that are exempt; and

      • (c) may identify programmes or training schemes by reference to a provider, or a class of providers, that offers them; and

      • (d) may be in respect of programmes or training schemes that have been completed, are in progress, or have not yet started.

      Compare: 1989 No 80 s 232(2), (3)

    232C Requirement to be registered before providing approved programmes or training schemes
    • A private training establishment must be registered before it can provide an approved programme or training scheme to a student.

      Compare: 1989 No 80 s 233

    Applications for registration

    232D Applications for registration of private training establishments
    • (1) A private training establishment that is a body corporate may apply to the Authority for registration of the establishment as a private training establishment for the purposes of this Act.

      (2) The application must—

      • (a) include a written statement setting out—

        • (i) the kinds of education the establishment proposes to provide; and

        • (ii) the outcomes it seeks to achieve through the provision of those kinds of education; and

      • (b) demonstrate how the establishment intends to meet the requirements of sections 233(1), 233A(1), and 233B(1) and (2); and

      • (c) contain a statutory declaration from each governing member of the establishment in respect of—

        • (i) any material conflicts of interest arising from the person's role as a governing member of the establishment; and

        • (ii) any interests that the person has in organisations in the education or immigration sector that provide goods or services to tertiary students; and

      • (d) contain a statutory declaration from each governing member of the establishment in respect of the matters described in section 233A(1)(a) to (g); and

      • (e) describe the arrangements that the establishment has in place to manage conflicts of interest that may arise; and

      • (f) be in a form and contain any other information that the Authority requires; and

      • (g) be accompanied by an amount that the Authority requires as a deposit on the fee charged under section 254(2)(a)(vii).

      (3) The Authority must not consider an application for registration if the applicant does not provide all the information required under subsection (2).

      Compare: 1989 No 80 ss 234, 235

    232E Authority may verify identity of governing members of private training establishment
    • (1) The Authority may require a private training establishment to provide, to the satisfaction of the Authority, evidence of the identities of its governing members—

      • (a) before considering an application for registration from the establishment; or

      • (b) at any time there is a change in the membership of the governing members of the establishment.

      (2) When acting under subsection (1), the Authority may interview any governing member of the establishment for the purpose of verifying his or her identity.

    Determination of application

    233 Grant or refusal of application
    • (1) The Authority must grant an application for registration of a private training establishment, and may grant the application, only if it is satisfied that—

      • (a) every governing member of the establishment is a fit and proper person (after considering the criteria set out in section 233A); and

      • (b) the establishment has in place effective arrangements for managing any conflicts of interest that exist or may arise; and

      • (c) no governing member of the establishment has a material conflict of interest that the Authority considers is or is likely to be unmanageable; and

      • (d) no governing member of the establishment has an interest of a kind described in section 232D(2)(c)(ii) that the Authority considers is or is likely to be unmanageable; and

      • (e) the establishment has, or will at the relevant time have, adequate staff, equipment, and premises to provide its programmes or training schemes; and

      • (f) the establishment,—

        • (i) in the case of an establishment that is already operational, has acceptable financial management practices and performance (for example, is able to pay its staff, taxes, and creditors); and

        • (ii) in the case of an establishment that is not yet operational, is likely to have acceptable financial management practices and performance (for example, is likely to be able to pay its staff, taxes, and creditors); and

      • (g) the establishment complies, or is capable of complying and likely to comply, with the conditions of registration under section 233B; and

      • (h) before accepting the enrolment of any prospective student, the establishment provides or will provide that student with a written statement of—

        • (i) the total costs and other financial commitments associated with the programme or training scheme for which the student seeks enrolment; and

        • (ii) any material conflicts of interest of any of the governing members of the establishment; and

        • (iii) any interests of a kind described in section 232D(2)(c)(ii); and

      • (i) in the case of an establishment that intends to enrol international students, the establishment will become a signatory to the code before enrolling any international students.

      (2) Registration may be granted without limitation as to time or for a specified period.

      (3) The grant of registration does not entitle the establishment or any of its students to receive financial assistance out of public money appropriated by Parliament.

      (4) The Authority may refuse to grant registration to a private training establishment or withdraw the establishment's registration (if already granted) if the Authority is satisfied that a governing member of the establishment has provided a false or misleading declaration under section 232D(2)(c).

      (5) The Authority must give written notice to a private training establishment—

      • (a) when it grants, refuses to grant, or withdraws registration; and

      • (b) if it refuses or withdraws registration, give reasons for doing so.

    233A Criteria for determining whether governing member of private training establishment is fit and proper person
    • (1) For the purpose of determining under section 233(1)(a) whether a governing member of a private training establishment is a fit and proper person for that position, the Authority must give any weight that it considers appropriate to all of the following matters:

      • (a) the person's experience in the provision of education services (for example, any previous involvement in a registered private training establishment); and

      • (b) whether the person was a governing member of a registered private training establishment that was closed, sold due to insolvency, or taken over; and

      • (c) whether the person has been convicted of any offence involving fraud, violence, or dishonesty, or any offence under this Act or section 352 of the Immigration Act 2009; and

      • (d) whether the person is a defendant in proceedings in respect of an offence described in paragraph (c); and

      • (e) whether the person was adjudicated bankrupt under the Insolvency Act 2006 or the Insolvency Act 1967; and

      • (f) whether the person is prohibited from being a director or promoter of, or from being concerned or taking part in the management of, a company under any of sections 382, 383, 385, and 386A of the Companies Act 1993; and

      • (g) whether the person has failed to disclose any material conflict of interest as required under section 232D(2)(c)(i); and

      • (h) any other matter that the Authority considers relevant.

      (2) If the applicant has had direct involvement in the provision of education services that have failed, the Authority must give the applicant an opportunity to explain why the risk of this occurring again is unlikely.

    Conditions and other requirements of registration

    233B Conditions of registration
    • (1) It is a condition of registration of a private training establishment that it will at all times comply with the requirements in the rules made under section 253, except to the extent that the Authority exempts the establishment, by a condition on its registration, from compliance.

      (2) It is a condition of registration that a registered establishment will keep the written statement required under section 232D(2)(a) up to date.

      (3) It is a condition of registration that a registered establishment will ensure that—

      • (a) existing governing members keep the declarations required under section 232D(2)(c) and (d) up to date; and

      • (b) any new governing member submits the declarations required under section 232D(2)(c) and (d) before commencing as a governing member of the establishment.

      (4) The Authority may impose conditions on the registration of an establishment that are specific to the establishment or a group or class of establishments.

      (5) The Authority may at any time, with the agreement of the establishment,—

      • (a) impose new conditions on the establishment's registration; or

      • (b) amend or revoke any existing conditions.

      (6) The Authority may, without the agreement of an establishment, impose conditions on the establishment's registration, or amend or revoke any existing conditions, but only if the Authority has first—

      • (a) given written notice to the establishment of its intentions; and

      • (b) given the establishment a reasonable opportunity to respond to the notice; and

      • (c) considered any submissions made by the establishment in response to the notice.

      (7) When conditions are imposed, amended, or revoked, the Authority must give written notice to the establishment of the new, amended, or revoked conditions.

      Compare: 1989 No 80 s 236AA

    233C Annual fee
    • Every registered private training establishment must pay the Authority an annual registration fee of an amount prescribed by or determined under rules made under section 253.

    Cancellation and lapse of registration

    233D Cancellation of registration
    • (1) The Authority may cancel the registration of a registered private training establishment—

      • (a) if it is satisfied on reasonable grounds that—

        • (i) the establishment no longer meets 1 or more of the criteria set out in section 233(1); or

        • (ii) the establishment is not complying, or has not complied, with 1 or more of the conditions applying to it; or

      • (b) if the establishment has provided false or misleading information in its application for registration; or

      • (c) at the written request of the establishment.

      (2) The Authority must cancel the registration of a private training establishment if—

      • (a) the establishment has been convicted of an offence against—

        • (i) this Act; or

        • (ii) section 352 of the Immigration Act 2009; or

      • (b) a governing member of the establishment is convicted of any serious criminal activity or any offence referred to in paragraph (a), and the establishment fails to comply with a written notice issued by the Authority on reasonable grounds requiring that the person be removed, within 2 months of receipt of the notice, from his or her position as a governing member and from every other position in the establishment.

      (3) Before cancelling a registration under subsection (1)(a) or (b), the Authority must—

      • (a) notify the establishment that it is considering cancelling the establishment's registration, and give reasons; and

      • (b) give the establishment a reasonable opportunity to respond to the notice; and

      • (c) consider any submissions made by the establishment in response to the notice.

      (4) If the Authority cancels a registration, it must give notice of its decision to both the establishment and the Commission, with reasons.

      (5) Nothing in this section limits the Authority's powers under section 255(7)(a) to cancel an establishment's registration.

      Compare: 1989 No 80 s 237

    233E Effect of cancellation
    • (1) Cancellation of registration under section 233D takes effect on the date specified by the Authority in the notice given under section 233D(4) (the date of cancellation).

      (2) If the registration of a registered private training establishment is cancelled under section 233D,—

      • (a) from the date of cancellation,—

        • (i) all approved programmes or training schemes granted to the establishment are withdrawn; and

        • (ii) all accreditations granted to the establishment are withdrawn; and

        • (iii) all consents to assess against standards granted to the establishment are withdrawn; and

      • (b) no notice is required to be given to the establishment for those withdrawals.

      Compare: 1989 No 80 s 237(5), (6)

    234 Lapse of registration
    • (1) The registration of a registered private training establishment lapses—

      • (a) on the date that is 1 year after registration is granted if,—

        • (i) within that period, the establishment does not provide an approved programme that it is accredited to provide to enrolled students; and

        • (ii) within that period, the establishment does not provide an approved training scheme to enrolled students:

      • (b) on the date that is 1 year after the establishment has ceased to provide to enrolled students—

        • (i) any approved programme it is accredited to provide; and

        • (ii) any approved training scheme.

      (2) Subsection (1) does not affect the registration of a private training establishment if—

      • (a) the time for the lapse of the establishment's accreditation is extended under section 250B(2) beyond either of the dates specified in subsection (1) of this section, in which case the establishment's registration lapses when the accreditation lapses; or

      • (b) the time for the lapse of the establishment's training scheme approval is extended under section 251C(2) beyond either of the dates specified in subsection (1) of this section, in which case the establishment's registration lapses when the training scheme approval lapses.

      (3) If a registered private training establishment is required under this Act to pay any fees to the Authority, and fails to pay those fees after receiving 2 reminder notices within 3 months, the registration of the establishment lapses on the date that is 1 calendar month after the date of the second reminder notice from the Authority.

      (4) The Authority must give written notice of the lapse of an accreditation to the establishment.

    Fees for domestic students

    234A Fees for domestic students must not exceed maximums set in conditions of funding
    • (1) A registered private training establishment that receives funding under section 159YA or 159ZC must not exceed the maximum amount when fixing a tuition fee or a fee of a particular kind for any programme or training scheme at the establishment.

      (2) If a registered private training establishment is given a direction under section 235D(4), the establishment must not fix, in relation to the amount that students may be charged for student services, a fee that exceeds the maximum amount specified in the direction.

      (3) In subsection (1), the maximum amount means the maximum specified in a condition imposed under section 159YC or 159ZD(2) (whichever is applicable) as being the maximum fee (or fee of that kind) that can be charged to a domestic student.

      Compare: 1989 No 80 s 236C

    Information that must be given to prospective students

    234B Information that private training establishments must give prospective students
    • Every private training establishment must—

      • (a) ensure that all printed and other information made available to prospective students has full details of—

        • (i) the total fees for each programme or training scheme, including fees for class or lecture materials, books, special clothing, safety equipment, tools, and any other items that are or may be provided to students enrolled for that programme or training scheme, and including any students association membership fees; and

        • (ii) the class or lecture materials, books, special clothing, safety equipment, tools, and other items that are or may be required by the establishment to be bought or provided by students enrolled for each programme or scheme; and

      • (b) before accepting the enrolment of any prospective student, give the student a written statement of—

        • (i) the total costs of the programme or training scheme and all other financial commitments associated with the programme or training scheme; and

        • (ii) the cost of fees charged for student services provided by the establishment; and

        • (iii) any material conflicts of interest of any of the governing members of the establishment; and

        • (iv) any interests of a kind described in any statement required under section 232D(2)(c)(ii); and

      • (c) give every prospective student a written statement of his or her entitlements under sections 235 and 235A, in the event that the student withdraws from a programme or training scheme.

      Compare: 1989 No 80 s 236A

    Protection of student fees

    234C Interpretation
    • (1) In sections 234D to 235C,—

      independent trustee, in relation to a private training establishment, means a trustee that does not provide any other service to the establishment other than that referred to in section 234E

      refund period means, in relation to a domestic student who is enrolled in a programme or part of a programme, or enrolled in a training scheme, the 7 days after the first day of the programme or scheme for which the attendance of the student at the establishment is required

      trustee means Public Trust, a trustee company under the Trustee Companies Act 1967, a chartered accountant in public practice, or a lawyer whose practising certificate allows the holding of trust funds.

      (2) In sections 234D to 235C, the requirement that funds paid by or on behalf of a student be deposited with an independent trustee applies to all components of any fee payable by the student (for example, it includes any component of the fee payable by the student in respect of accommodation costs or agent commissions).

    234D Application of rules relating to student fee protection
    • (1) This section applies to a person who receives money from a student for the purpose of enrolling, or helping the student to enrol, in a programme or training scheme at a private training establishment.

      (2) A person to whom this section applies must comply with the requirements of the rules made under section 253 that relate to student fee protection.

    234E Student fees must be deposited with independent trustee
    • (1) If a private training establishment receives any funds paid by or on behalf of a student in respect of a programme or training scheme provided by the establishment, the establishment must—

      • (a) deposit those funds, as soon as practicable, with an independent trustee approved by the Authority; and

      • (b) hold those funds on trust for the student until they are deposited with the independent trustee.

      (2) If a person to whom section 234D applies receives any funds paid by or on behalf of a student in respect of a programme or training scheme provided by the establishment, the person must—

      • (a) deposit those funds, as soon as practicable, with an independent trustee approved by the Authority unless the establishment has made alternative arrangements that are acceptable to the Authority; and

      • (b) hold those funds on trust for the student until they are deposited with the independent trustee or in accordance with the alternative arrangements referred to in paragraph (a).

      (3) An independent trustee approved by the Authority must comply with the requirements of any rules made under section 253 relating to student fee protection.

      (4) The Authority—

      • (a) may withdraw its approval of a particular trustee if satisfied that the trustee is not managing the trust funds in accordance with the requirements of the rules; and

      • (b) must, if approval for a trustee is withdrawn, appoint a new trustee in accordance with the rules.

    235 Refund entitlements of domestic students
    • (1) A domestic student who is enrolled at a private training establishment for all or part of a programme or training scheme that is of more than 3 months' duration and who withdraws from that programme or scheme within the refund period is entitled to a refund, without deduction, of so much of any payment, or of the sum of any payments, made by the student in respect of the programme or scheme, and, if withdrawal from the programme or scheme also constitutes complete withdrawal from the establishment, in respect of enrolment at the establishment, as exceeds $500 or 10% of the amount of that payment or of the sum of those payments, whichever is the lesser.

      (2) If the student withdraws from a programme or training scheme within the refund period, the independent trustee must refund all payments made to it by the private training establishment in respect of the programme or scheme—

      • (a) to the trustee of the student's new education provider; or

      • (b) if the fee has been paid for by student loan money, to the department defined in section 235F(1); or

      • (c) to the student, if neither paragraph (a) nor (b) applies.

      (3) When the refund period, in relation to any fees paid by or behalf of a student, has expired,—

      • (a) the fees paid must continue to be held in trust by the independent trustee and the private training establishment must be paid from the trust in the manner prescribed in the rules made under section 253; or

      • (b) the private training establishment may, if the Authority approves, make alternative arrangements in relation to the fees paid.

    235A Refund entitlements of international students
    • (1) A private training establishment must—

      • (a) allow every international student enrolled for a programme or training scheme that is of 3 months' duration or more to withdraw from it at any time within the refund period; and

      • (b) refund to every international student who so withdraws, without deduction, at least so much of any payment, or of the sum of any payments, made by the student to the establishment in respect of that programme or training scheme, and, if withdrawal from the programme or scheme also constitutes withdrawal from the establishment as a whole, in respect of enrolment at the establishment, as exceeds the percentage specified in the notice made under section 235B; and

      • (c) allow every international student enrolled for a programme or training scheme that is of less than 3 months’ duration to withdraw from it within a period (being less than 7 days) specified by the Authority; and

      • (d) refund to every international student who so withdraws a minimum amount or proportion, specified by the Authority, of any payments made by the student to the establishment in respect of the programme or training scheme.

      (2) For the purposes of subsection (1)(c), a programme or training scheme is of less than 3 months' duration if the period starting on the day on which the programme or scheme starts and ending on the day on which it ends (or is likely to end) is less than 3 calendar months, irrespective of the number of days during that period on which the programme or training scheme is, or is proposed to be, provided.

      (3) When the refund period, in relation to any fees paid by or on behalf of an international student, has expired,—

      • (a) the fees paid must continue to be held in trust with the independent trustee and the private training establishment must be paid from the trust in the manner prescribed in the rules made under section 253; or

      • (b) the private training establishment may, if the Authority approves, make alternative arrangements in relation to the fees paid.

      (4) In this section, refund period means the period referred to in section 235B(1)(a) as specified in the notice made under section 235B.

    235B Refund requirements set by Gazette notice
    • (1) The Minister must specify, by notice in the Gazette, for the purposes of refunds under section 235A,—

      • (a) the period within which an international student may withdraw from a programme or training scheme of 3 months' duration or more and be entitled to a refund under that section; and

      • (b) the maximum percentage of the payment or payments that an establishment may retain; and

      • (c) the cost components of the fee total on which the maximum percentage is determined; and

      • (d) the expenses or categories of expenses that the establishment must show that it has incurred in relation to an international student in order to deduct the maximum percentage.

      (2) Before giving notice in the Gazette under subsection (1), the Minister must, as the Minister considers appropriate, consult with any 1 or more of the following:

      • (a) private training establishments:

      • (b) sector and industry representative organisations:

      • (c) any other relevant bodies.

      (3) A notice under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and for the purposes of the Acts and Regulations Publication Act 1989.

    235C Rules apply if students withdraw because of programme or training scheme closure
    • Any fees paid by or on behalf of any student who withdraws from a programme or training scheme because of the closure of the programme or scheme are subject to the protections set out in the rules made under section 253.

    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 describing the services that have been funded out of the student services fee and a statement of the fee income and expenditure on each type of student service.

      (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.

    Information sharing with other government departments

    235E Private training establishment to notify immigration officer if student withdraws from programme or training scheme
    • (1) A private training establishment must ensure that, within 7 days of the withdrawal of any student from a programme or training scheme at the establishment, an immigration officer (within the meaning of section 4 of the Immigration Act 2009) is given written notice of the name of the student and the programme or training scheme, and the day on which the student withdrew.

      (2) Subsection (1) does not apply to a student if the establishment is satisfied on reasonable grounds that the student is a domestic student.

      Compare: 1989 No 80 s 236B

    235F Disclosure of enrolment information by private training establishments
    • (1) In this section, unless the context otherwise requires,—

      allowance means an allowance established by regulations made under section 303, or identified by Gazette notice under section 307AB

      benefit means an unemployment benefit or a sickness benefit under the Social Security Act 1964, or an independent youth benefit under section 60F of that Act

      chief executive means the chief executive of the department

      department means the department for the time being responsible for the administration of the Social Security Act 1964 and for the administration of Part 25 of this Act

      specified period means any period specified in a notice under subsection (3)

      student loan and student loan scheme have the same meanings as they have in section 2(1) of the Student Loan Scheme Act 1992.

      (2) The purpose of this section is to facilitate the disclosure of information by governing bodies of private training establishments to the department, in order to verify—

      • (a) the entitlement or eligibility of any person to or for any benefit or allowance or student loan; or

      • (b) the amount of any benefit or allowance or student loan to which any person is or was entitled or for which any person is or was eligible.

      (3) For the purpose of this section, the chief executive may from time to time, in accordance with arrangements under the Privacy Act 1993 previously agreed between the chief executive and any institution (or, where they are unable to agree, in accordance with arrangements under that Act settled by the Privacy Commissioner appointed under the Privacy Act 1993), by notice in writing, or electronically, require the institution to supply all or any of the information set out in subsection (4), in respect of people—

      • (a) who are (or were in any specified period) enrolled as students at the private training establishment; or

      • (b) whose name and date of birth (being the name and date of birth of any person who is, or was during any specified period, receiving a benefit or allowance or student loan) is supplied to the private training establishment by the chief executive, together with the notice.

      (4) A notice under subsection (3) may require the private training establishment to supply the information specified in the notice either immediately or at specified times during the academic year, or both, and in the latter case may require the private training establishment to supply at those times only details of any changes to the information the private training establishment has previously supplied under this section.

      (5) A notice under subsection (3) may include—

      • (a) an identification number assigned by the chief executive to any person who is referred to in the notice; or

      • (b) an identification number assigned to any such person by the private training establishment; or

      • (c) both.

      (6) The details referred to in subsection (3) are—

      • (a) their—

        • (i) full names and addresses; and

        • (ii) dates of birth:

      • (b) their identification numbers (being either or both of the identification numbers referred to in subsection (5)):

      • (c) details of the education or training in which they are so enrolled, and details of the fees for that education or training:

      • (d) if, during the specified period, they enrolled for any such education or training or ceased to be so enrolled or ceased to be enrolled as a student, the details of each such event and the respective dates on which the event occurred:

      • (e) details of their academic performance in any such education or training:

      • (f) details of their citizenship or residency status in New Zealand:

      • (g) details of any allowances granted to them by the private training establishment on behalf of the Secretary in any academic year before the 1999 academic year:

      • (h) details reasonably required by the chief executive for the administration of the student loan scheme or for the provision or determination of a benefit or allowance.

      (7) As soon as possible after the time or times specified in a requirement under subsection (3), a private training establishment must supply the information required to the chief executive or any employee or agent of the department authorised by the chief executive to receive such information.

      (8) Information supplied by a private training establishment under subsection (7) must be in a form previously agreed between the private training establishment and the chief executive under the Privacy Act 1993 (or, where they are unable to agree, in a form settled by the Privacy Commissioner appointed under the Privacy Act 1993), and may include coded information.

      (9) Section 104 of the Privacy Act 1993 applies as if subsection (1) of that section also provided that, in relation to the information matching programme in section 226A of this Act, the Commissioner, before seeking a report on any of the matters in section 104(2)(a), (d), or (e) from a private training establishment, must first seek a report on the matter from the department for the time being responsible for the administration of the Social Security Act 1964.

      Compare: 1989 No 80 s 238B

    236 Offences concerning information requests
    • (1) A private training establishment that intentionally fails or refuses to comply with section 235F(7) commits an offence and is liable on summary conviction to the penalty specified in subsection (3).

      (2) A private training establishment commits an offence and is liable on summary conviction to the penalty specified in subsection (3) if, in response to any requirement to supply information under section 235F(7), the establishment intentionally—

      • (a) makes a false or misleading statement; or

      • (b) makes a statement from which any material matter has been omitted; or

      • (c) provides any false or misleading paper, document, or record; or

      • (d) provides a paper, document, or record from which any material matter has been omitted.

      (3) The maximum penalty for an offence against subsection (1) or (2) is a fine not exceeding $5,000, and, if the offence is a continuing one, a fine not exceeding $500 for each day the offence continues.

      Compare: 1989 No 80 s 238C

    Student records

    236A Duties of private training establishments to maintain student records
    • (1) Every private training establishment must—

      • (a) keep accurate enrolment and academic records for each student enrolled in a programme or training scheme provided by the establishment; and

      • (b) comply with rules made under section 253(1)(n) in respect of those records; and

      • (c) ensure that the enrolment records required to be kept under this section are up to date; and

      • (d) ensure that the enrolment records are readily available, upon request, to—

        • (i) the Authority:

        • (ii) Immigration New Zealand:

        • (iii) the administrator of the code (within the meaning of Part 18A):

        • (iv) the department for the time being responsible for the administration of the Social Security Act 1964 and for the administration of Part 25 of this Act:

        • (v) Public Trust, if it is approved as an independent trustee for the private training establishment.

      (2) If a private training establishment closes, the establishment must, in respect of each student, forward his or her records kept under this section to the student's new education provider, or to the student if there is no new education provider.