ASQA | Spotlight On - Marketing and advertising, Chapter 3
Compliant marketing in third-party agreements
In this chapter of Spotlight On, we discuss marketing and advertising practices in third-party agreements.
As a registered training provider, you may work with other organisations (third parties) to deliver a range of services, including marketing services and recruiting potential students.
Our guidance on third-party agreements provides more information, and includes examples of written agreements.
Promoting VET in schools
By tailoring your marketing and advertising materials, you can effectively promote your training organisation to school students.
These materials should contain course information that:
- is relevant to students’ academic progression
- has start/completion dates that align with school terms.
You can also promote your courses through school publications (such as monthly newsletters or online notices). While the content can be reworked by the school to align with their style and tone, it still needs to clearly reflect that you are the provider responsible for delivering the course.
Our guidance page on third-party agreements for VET in schools provides more information, and includes tips on formulating a written agreement with a school.
If a provider engages an education agent to recruit overseas students, it is classified as a third-party agreement.
You will need to ensure they are acting in compliance with Standard 4 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018.
As education agents, they are required to provide clear, accurate and factual information in the recruitment process.
Our guidance page on working with education agents provides more information, and includes tips on maintaining details within the Provider Registration and International Student Management System (PRISMS).
Tips on compliant marketing in third-party agreements
Our infographic below summarises the key considerations of this chapter:
Fast RPL Co was in breach of the NVR Act because it was not an RTO but advertised VET qualifications on the websites www.fastrpl.com, Gumtree, Facebook, LinkedIn and Natui.
Mr Junghwan Shin, Director of Global Learning Centre Pty Ltd, the company which owned Fast RPL Co, was found by Parramatta Local Court to have contravened section 123A of the NVR Act by advertising a VET course without identifying the issuer of the VET qualification or statement of attainment. He was also found guilty of making a representation about all or part of a VET course contrary to section 124 of the NVR Act.
The court case followed an infringement notice issued by ASQA to the defendant under section 123B of the NVR Act on 20 March 2019, for advertising or offering VET course TAE50111 Diploma of Vocational Education and Training without identifying the issuer of the VET qualification or statement of attainment. The misleading advertising continued after the infringement notice of $2520 was paid.
Magistrate P. Feather LMC considered the nature of the offence, the need for general deterrence of such acts, the defendant’s lack of prior conviction and the eventual disabling of the website.
On 11 June 2021, Mr Shin was discharged with a 3-year good behaviour bond with a security of $6,000 as stipulated in section 19B (1) (d) of the Crimes Act 1914.
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