Australian Competition and Consumer Commission v Acquire Learning & Careers Pty Ltd

In the matter of Australian Competition and Consumer Commission v Acquire Learning & Careers Pty Ltd, the court examined the business practices of Acquire Learning & Careers, a company that engaged in marketing vocational education courses and enrolling students in the VET FEE-HELP scheme. The Australian Competition and Consumer Commission (ACCC) alleged that Acquire engaged in misleading and deceptive conduct by making false representations to job seekers, inducing them to enroll in courses and the VET FEE-HELP scheme under undue pressure. The court had to determine if Acquire contravened sections of the Australian Consumer Law (ACL) and, if so, what orders should be made to address these contraventions.

The legal issues included whether Acquire's conduct constituted misleading or deceptive conduct and unconscionable conduct under sections 18, 21, 29(1)(g), 34, and 76 of the ACL. The court also had to decide on the appropriateness of the agreed orders, including pecuniary penalties, declarations, and injunctive relief, to ensure compliance and deterrence. The court considered the principles for imposing penalties, taking into account the nature of the contraventions, the extent of the harm caused, and the financial position of Acquire.

The court found that Acquire had indeed contravened the ACL by misleading job seekers about the likelihood of employment and the benefits of enrolling in VET FEE-HELP assisted courses. The court agreed with the parties that a pecuniary penalty of $4.5 million was appropriate, acknowledging the need for both specific and general deterrence. The court also found that the agreed declarations and injunctive relief were suitable to record the court's disapproval, inform the public, and deter future contraventions. The court ordered Acquire to pay the penalty, contribute towards the ACCC's costs, and comply with specific injunctive relief and compliance program requirements.