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Clauses 5.1 – 5.4

Inform and protect learners

Clause 5.1

Prior to enrolment or the commencement of training and assessment, whichever comes first, the RTO provides advice to the prospective learner about the training product appropriate to meeting the learner’s needs, taking into account the individual’s existing skills and competencies.

Clause 5.2

Prior to enrolment or the commencement of training and assessment, whichever comes first, the RTO provides, in print or through referral to an electronic copy, current and accurate information that enables the learner to make informed decisions about undertaking training with the RTO and at a minimum includes the following content:

  • the code, title and currency of the training product to which the learner is to be enrolled, as published on the National Register
  • the training and assessment, and related educational and support services the RTO will provide to the learner including the:
    • estimated duration  
    • expected locations at which it will be provided
    • expected modes of delivery  
    • name and contact details of any third party that will provide training and/or assessment, and related educational and support services to the learner on the RTO’s behalf, and
    • any work placement arrangements.
  • the RTO’s obligations to the learner, including that the RTO is responsible for the quality of the training and assessment in compliance with these Standards, and for the issuance of the AQF certification documentation.
  • the learner’s rights, including:
    • details of the RTO’s complaints and appeals process required by Standard 6, and
    • if the RTO, or a third party delivering training and assessment on its behalf, closes or ceases to deliver any part of the training product that the learner is enrolled in  
  • the learner’s obligations:
    • in relation to the repayment of any debt to be incurred under the VET FEE-HELP scheme arising from the provision of services  
    • any requirements the RTO requires the learner to meet to enter and successfully complete their chosen training product, and
    • any materials and equipment that the learner must provide, and
  • information on the implications for the learner of government training entitlements and subsidy arrangements in relation to the delivery of the services.

Clause 5.3

Where the RTO collects fees from the individual learner, either directly or through a third party, the RTO provides or directs the learner to information prior to enrolment or the commencement of training and assessment, whichever comes first, specifying:

  • all relevant fee information including:
    • fees that must be paid to the RTO, and
    • payment terms and conditions including deposits and refunds  
  • the learner’s rights as a consumer, including but not limited to any statutory cooling-off period, if one applies  
  • the learner’s right to obtain a refund for services not provided by the RTO in the event the:
    • arrangement is terminated early, or
    • the RTO fails to provide the agreed services.

Clause 5.4

Where there are any changes to agreed services, the RTO advises the learner as soon as practicable, including in relation to any new third party arrangements or a change in ownership or changes to existing third party arrangements.

What this Standard means for your RTO

Your RTO must provide clear information to prospective learners to enable them to decide if your RTO and course is suitable for them, taking into account their existing skills and knowledge and any specific needs. Prior to enrolment or commencement of training or assessment activities (in this context, assessment includes the collection or analysis of evidence for recognition of prior learning activities), you must provide clear information to learners about the following:

Full course code and title

  • To ensure prospective learners can research the course you are offering, state the code and full title of the training product you are offering, as listed on the National Register.
  • Include any relevant currency information, such as whether a qualification has been superseded or removed from a training package.

Venue, length and mode/s of delivery and/or assessment

  • Provide the prospective learner with clear information about where the training and/or assessment will be undertaken, how long it will take and mode/s involved.

Third party arrangements (if applicable)

  • Where a third party is involved in the training and/or assessment, learners have a right to know who this is.
  • Learners should be able to contact both your RTO and the third party at any time.
  • You must confirm to prospective learners that your RTO is responsible for the quality of training and assessment provided and for the issuing of all qualifications and statements of attainment and that any changes to the arrangements will be communicated to them.
  • You must also provide information on how learners can lodge a complaint or appeal against either your RTO or the third party.

Entry requirements

  • To ensure learners fully understand their obligations, inform prospective learners of any entry requirements and/or specific requirements they need to meet to successfully complete the program.
  • You must also make it clear if the learner needs to provide any materials and/or equipment.
  • Make it clear whether the training includes mandatory work placements. If mandatory work placements are part of the training, learners must be provided with clear information on who will arrange this.

Support services

  • Provide information about support services available to learners and any cost associated with them.

Fee information

  • If your RTO requires individual learners to pay fees (this requirement does not apply if you contract with a company to deliver training to their employees, paid for by that company), provide fee information prior to enrolment or commencement of training/assessment (whichever is earliest), about:
    • all fees payable to your RTO, clearly describing all costs involved with the course
    • how and when fees must be paid
    • how to request a refund, and
    • conditions under which a refund would be provided.
  • Where a learner is being enrolled under any loan or delayed payment arrangement (including VET FEE-HELP), the terms of the arrangement must be clearly stated, including any debt that may be incurred; when repayment is required and under what conditions; and any associated fees, indexation or interest.

Funding entitlements

  • If learners may be accessing any government funding entitlement that may reduce their ability to access such funding in the future (such as arrangements that limit funding to one qualification for a person), provide this information prior to enrolment.

Consumer rights

  • Inform prospective learners about their rights as a consumer, in accordance with state/territory laws.
  • If state or territory laws where the course is being offered require a cooling-off period, you must provide information about this.

Your RTO must also notify learners when any change occurs that may affect the services you are providing them. This includes:

  • a change in ownership of the RTO, and/or
  • any changes to, or new third-party arrangements your RTO puts in place, for the delivery of services to those learners.

A guide to compliance

RTOs must retain evidence showing these requirements have been complied with in full. The type of evidence will vary depending on how the information is presented to prospective learners. For example, while RTOs could provide the relevant information on their website, they would still need to demonstrate that individuals are always directed to this information prior to enrolment. Regardless of how the information is provided to prospective learners, it must be accurate and conform to the planned training and assessment described in your RTO’s training and assessment strategies.

If your organisation is seeking registration as an RTO, you must demonstrate that you have developed information that will meet the requirements of these clauses.

Case study: Read before clicking

EFG Training accepts enrolments into a range of qualifications via its website. 

Once a prospective learner has selected the qualification they wish to enrol in, they are presented with a link to information relevant to that particular qualification. To proceed, the person must complete a declaration that they have read and understood the information. Only then can they complete the enrolment process. The RTO’s student management system records that the person completed the declaration and a copy of the declaration available on that date is retained in the RTO’s document management system.

Case study: Read before signing

HIJ Training offers a ‘white card’ construction induction program that runs each Tuesday, Wednesday and Thursday. Most people don’t enrol in advance, but turn up on the day expecting to be able to enrol and commence the program that day.

On arrival, learners are handed a fact sheet containing all relevant information on the program. This includes a declaration to the learner that—as HIJ Training holds an exemption from reporting data for this program—their assessment results will not appear on their authenticated VET transcript or be available to them via the USI System. The declaration includes space for a signature acknowledging that the learner has been fully informed about the course. The learner must sign this declaration before commencing the program.