Higher Education Support (VET) Guidelines 2026

Administered by Department of Employment and Workplace Relations

Legislation au F2026L00388 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Skills and Training

 

Higher Education Support Act 2003

 

Higher Education Support (VET) Guidelines 2026

 

BACKGROUND

 

The VET FEE-HELP scheme was a component of the Higher Education Loan Program (HELP) which enabled eligible students to access income-contingent loans for the purpose of undertaking vocational education and training (VET). VET FEE-HELP loans were incurred by the student and the course fees were paid by the Government directly to the VET provider. Students are required to repay these loans once their income reaches a prescribed threshold, with repayments collected by the Australian Taxation Office. The VET FEE-HELP scheme is legislated under Schedule 1A of the Higher Education Support Act 2003 (the Act) and the Higher Education Support (VET) Guideline 2015 (VET Guidelines 2015). The VET Guidelines 2015 are due to be automatically repealed on 1 April 2026 under subsection 50(1) of the Legislation Act 2003.

 

The VET FEE-HELP scheme operated between 2008 and 2016, with some students continuing to access the VET FEE-HELP scheme until 2018 under grandfathering arrangements. The VET FEE-HELP scheme was replaced with the VET Student Loans program from 1 January 2017.

 

Notwithstanding access to the VET FEE-HELP scheme was phased out by 2018, students with VET FEE-HELP debts have been able, under the VET Guidelines 2015, to apply to:

 

  • have their HELP balances re-credited under clause 46A of Schedule 1A of the Act in relation to unacceptable conduct by their VET providers; or

 

  • before 31 December 2023, have their HELP balances re-credited under clause 46AA of Schedule 1A of the Act in relation to inappropriate conduct by their VET providers; or

 

  • have their HELP balances re-credited under clause 51 of Schedule 1A of the Act by choosing the VET tuition fee repayment option under tuition assurance arrangements.


PURPOSE AND OPERATION

 

The purpose of the Higher Education Support (VET) Guidelines 2026 (Guidelines) is to:

 

  • repeal the VET Guidelines 2015 before 1 April 2026, when subsection 50(1) of the Legislation Act 2003 would automatically repeal them, and remake, with minor modifications, the provisions in the VET Guidelines 2015 associated with the administration of re-crediting of HELP balances under clauses 46A, 46AA and 51 of Schedule 1A of the Act;

 

  • remake, with minor modifications, the provisions in the VET Guidelines 2015 concerning whether a VET provider engaged in unacceptable conduct for the purpose of making re-crediting related decisions under clause 46A of Schedule 1A of the Act;

 

  • remake, with minor modifications, the provisions in the VET Guidelines 2015 concerning whether a VET provider engaged in inappropriate conduct to assist decision-makers in reviewing previous decisions made under clause 46AA of Schedule 1A of the Act;

 

  • reflect changes to the VET tuition assurance requirements, as it is no longer an option for students to continue studies with another VET provider if their original VET provider ceased to provide a course, but students who did not previously access tuition assurance may still be able to apply to have their HELP balance re-credited under clause 51 of Schedule 1A of the Act; and

 

  • remake, with minor modifications, other provisions in the VET Guidelines 2015 which facilitate the administration of re-crediting of HELP balances under Schedule 1A of the Act.

 

CONSULTATION

 

No public consultation was undertaken in the making of the Guidelines. It was considered unnecessary to undertake consultation because the making of the Guidelines will have no impact on the existing rights, obligations and interests of former students or former VET providers in relation to the VET FEE-HELP scheme. The Guidelines preserve the operation of the VET Guidelines 2015 where necessary to enable the department to continue to administer the re-crediting of HELP balances under Schedule 1A of the Act. The parts of the VET Guidelines 2015 not being remade are those parts which are no longer operational due to the closure of the VET FEE-HELP scheme.

 


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Support (VET) Guidelines 2026
 

The Higher Education Support (VET) Guidelines 2026 (Guidelines) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Guidelines

 

The purpose of the Guidelines is to:

 

  • repeal the Higher Education Support (VET) Guideline 2015 (VET Guidelines 2015) before 1 April 2026, when subsection 50(1) of the Legislation Act 2003 would automatically repeal them, and remake, with minor modifications, the provisions in the VET Guidelines 2015 associated with the administration of re-crediting HELP balances under clauses 46A, 46AA and 51 of Schedule 1A of the Higher Education Support Act 2003 (the Act);

 

  • remake, with minor modifications, the provisions in the VET Guidelines 2015 concerning whether a vocational education and training (VET) provider engaged in unacceptable conduct for the purpose of making re-crediting related decisions under clause 46A of Schedule 1A of the Act;

 

  • remake, with minor modifications, the provisions in the VET Guidelines 2015 concerning whether a VET provider engaged in inappropriate conduct to assist decision-makers in reviewing previous decisions made under clause 46AA of Schedule 1A of the Act;

 

  • reflect changes to the VET tuition assurance requirements, as it is no longer an option for students to continue studies with another VET provider if their original VET provider ceased to provide a course, but students who did not previously access tuition assurance may still be able to apply to have their HELP balance re-credited under clause 51 of Schedule 1A of the Act; and

 

  • remake, with minor modifications, other provisions in the VET Guidelines 2015 which facilitate the administration of re-crediting of HELP balances under Schedule 1A of the Act.


Human rights implications

 

The Guidelines engage the following human rights:

 

  • the right to education – Article 28 of the Convention on the Rights of the Child (CRC) and Article 13 of International Covenant on Economic, Social and Cultural Rights (ICESCR);

 

  • the rights of the child – Article 3 of the CRC;

 

  • the rights of persons with disabilities – Articles 15 and 24 of the Convention on the Rights of Persons with Disabilities (CRPD); and

 

  • the right to privacy – Article 17 of the International Covenant on Civil and Political Rights (ICCPR).

 

Right to Education

 

The Guidelines engage the right to education and vocational education contained in Article 28 of the CRC, and Article 13 of the ICESCR. These Articles recognise the important personal, societal, economic and intellectual benefits of education.

 

Paragraph 13(2)(b) of the ICESCR provides that secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and, in particular, by the progressive introduction of free education.

 

Clause 46A of Schedule 1A of the Act provides a remedy for persons who incurred VET FEE-HELP debts as a result of the unacceptable conduct of VET providers (or their agents) but were left with little to no training outcomes.

 

Clause 51 of Schedule 1A of the Act provides a remedy under the VET tuition assurance scheme for persons who incurred VET FEE-HELP debts but were left with little to no training outcomes due to the closure of their VET provider, or where their VET provider ceased to deliver their course.

 

The Guidelines ensure that students can continue to access the student protection measures under clauses 46A and 51 of Schedule 1A of the Act. It aims to maintain affected individuals’ confidence and trust in the education and training system within Australia.

 

The Guidelines are compatible with, and promote, the right to education.

Rights of the child

 

Article 3 of the CRC provides that, in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

 

The Guidelines protect vulnerable children who may have experienced unacceptable conduct by their VET provider under the VET FEE-HELP scheme (or their agents) by ensuring that, where appropriate, debts incurred as a result of this conduct can continue to be remitted by the Secretary under clause 46A of Schedule 1A of the Act.

 

Further, where a child was not able to complete their VET course of study because of the closure of their VET provider or where their VET provider ceased to deliver their course, VET FEE-HELP debts incurred as a result of this circumstance can continue to be remitted by the Secretary under clause 51 of Schedule 1A of the Act where appropriate.

 

The Guidelines are compatible with, and promote, the rights of the child.

 

Rights of persons with disability

 

Article 15 of the CRPD provides that disabled persons shall be protected, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

Further, Article 24 of the CRPD provides, in the relevant part, that disabled persons shall be able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others.

 

The VET FEE-HELP scheme was plagued by some unethical provider or agent practices that resulted in vulnerable, including disabled, persons being taken advantage of.

 

The Guidelines ensure that, where appropriate, vulnerable people who were signed up to the VET FEE-HELP scheme and incurred a significant financial liability:

 

  • without fully understanding the consequences of what they were signing up to; or

 

  • were not able to complete their VET course of study because their VET provider ceased to deliver their course,

 

can continue to have their VET FEE-HELP debts remitted by the Secretary, under clause 46A or 51 of Schedule 1A of the Act.

 

The Guidelines are compatible with, and promote, the rights of people with a disability.

Right to Privacy

 

The Guidelines engage the right to privacy which is set out in Article 17 of the ICCPR. Article 17 provides that no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation, and everyone has the right to the protection of the law against such interference or attacks.

 

The Guidelines require that information provided by a student to their VET provider by way of electronic communication is secure so that the student’s information can be accessed only by persons authorised by the student or in respect of administering the VET FEE-HELP scheme. This provides protection to the student’s privacy in relation to their personal information provided to their VET provider by way of electronic communication.

 

The Guidelines also ensure that, where a student is required or permitted by the Act to provide information (which could include personal information) to a VET provider, the VET provider must have in place a method to verify the student’s identity and approve information the student electronically communicates to their VET provider. The VET provider is also required to take certain steps to ensure that there is no unauthorised access to, or use of, the student’s personal identification information.

 

The Guidelines outline steps VET providers must take to protect students’ privacy and therefore the Guidelines are compatible with, and promote, the right to privacy.

 

Minister for Skills and Training

the Hon Andrew Giles MP


EXPLANATION OF PROVISIONS

 

Part 1—Preliminary

 

Section 1 Name

 

1.             Section 1 provides that the name of this instrument is the Higher Education Support (VET) Guidelines 2026 (Guidelines).

 

Section 2 Commencement

 

2.             Section 2 provides the commencement date of each provision in the Guidelines, as set out in the table in subsection 2(1). The table provides that the whole of the instrument commences on the day after the Guidelines are registered.

 

Section 3 Authority

 

3.             Section 3 provides that the Guidelines are made under the Higher Education Support Act 2003 (the Act).

 

4.             Subclause 99(1) of Schedule 1A of the Act provides that the Minister may, by legislative instrument, make guidelines, for providing for matters:

 

a.             required or permitted by Schedule 1A of the Act to be provided; or

b.             necessary or convenient to be provided in order to carry out or give effect to Schedule 1A of the Act.

 

Section 4 Schedules

 

5.             This section provides that each instrument that is specified in a Schedule to the Guidelines is amended or repealed as set out in the applicable items in the Schedule concerned, and that any other item in a Schedule has effect according to its terms. The effect of this section and Schedule 1 of the Guidelines is to repeal the Higher Education Support (VET) Guideline 2015 (VET Guidelines 2015) when the Guidelines commence.

 

Section 5 Definitions

 

6.             This section provides for the definition of certain terms used in the Guidelines. A note at the beginning of this section explains that several expressions used in the Guidelines are defined in clause 1 of Schedule 1 of the Act.

 

7.             The term “VET Guidelines 2015” is defined in this section as the Higher Education Support (VET) Guideline 2015 as in force immediately before the commencement of the Guidelines. This definition has been included given that certain parts of the VET Guidelines 2015 are incorporated by reference in the Guidelines, pursuant to subparagraph 14(1)(a)(ii) and paragraph 14(3)(a) of the Legislation Act 2003 (Legislation Act). The VET Guidelines 2015 is available for public access at no cost on the Federal Register of Legislation (www.legislation.gov.au). This has been done to streamline the Guidelines and in recognition of their more limited application when compared with the VET Guidelines 2015, given that access to the VET FEE-HELP scheme ceased after the phased closure of the VET FEE-HELP scheme from 2016 to 2018.

 

Part 2—VET tuition assurance requirements

 

Section 6 Purpose

 

8.             This section provides that the purpose of Part 2 of the Guidelines is to set out the VET tuition fee repayment option referred to in paragraph 51(1)(d) of Schedule 1A of the Act, which is part of the VET tuition assurance requirements for the purpose of clause 7 of Schedule 1A of the Act.

 

9.             Part 2 of the Guidelines provides for the VET tuition fee repayment option referred to in paragraph 51(1)(d) of Schedule 1A of the Act. This repayment option is required because decisions to re-credit a person’s HELP balance due to a VET provider ceasing to provide a VET unit of study under clause 51 of Schedule 1A of the Act may continue to be made in the future, which differs from some of the decisions relating to the former VET FEE-HELP scheme, which can no longer be made.

 

10.         Part 2 of the Guidelines is reduced and adapted from the previous Part 3 of the VET Guidelines 2015. Part 2 of the Guidelines does not contain details relating to the VET course assurance option. This is because that option is no longer relevant following the phased closure of the VET FEE-HELP scheme from 2016 to 2018.

 

Section 7 VET tuition fee repayment option

 

11.         This section is a reduced and adapted version of former section 10 of the VET Guidelines 2015. The requirements in previous subsections 10(1) and (2) of the VET Guidelines 2015, regarding the VET tuition fee repayment requirements, have not been included as they are no longer relevant given the period of time that has passed since the phased closure of the VET FEE-HELP scheme from 2016 to 2018. The contents of previous subsections 10(3) to (7) of the VET Guidelines 2015, regarding the VET tuition fee repayment option for the purpose of paragraph 51(1)(d) of Schedule 1A of the Act, have been included with amendments.

 

12.         This section specifies the requirements for choosing the VET tuition fee repayment option for the purpose of paragraph 51(1)(d) of Schedule 1A of the Act.

 

13.         Under clause 51 of Schedule 1A of the Act, a VET provider must, or the Secretary may if the provider is unable to do so, re-credit a person’s HELP balance with an amount equal to the amounts of VET FEE-HELP assistance that the person received for a VET unit of study if:

 

a.             the person has been enrolled in the unit with the provider (paragraph 51(1)(a)); and

b.             the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part (paragraph 51(1)(b)); and

c.              the VET tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit (paragraph 51(1)(c)); and

d.             the person chose the option designated under the VET tuition assurance requirements as VET tuition fee repayment in relation to the unit (paragraph 51(1)(d)).

 

14.         Clause 51 of Schedule 1A of the Act has not prescribed a date by which a VET provider or the Secretary can no longer re-credit a person’s HELP balance under that provision, nor does it prescribe a date by which a person must choose the VET tuition fee repayment option for the purpose of paragraph 51(1)(d) of Schedule 1A of the Act, so re-credits can continue to occur under that provision.

 

15.         Subsection 7(1) provides that for the purposes of paragraph 51(1)(d) of Schedule 1A of the Act, a student chooses the VET tuition fee repayment option if:

 

a.             a VET provider has ceased to provide an eligible VET course of study, and as a result has ceased to provide a VET unit of study that formed part of the course; and

b.             the student was enrolled as a VET student in the unit at that time with the VET provider; and

c.              the student does not have an agreement to pay the VET tuition fees for the unit in arrears; and

d.             the student has not received any of the following previously available options for the unit:

i.               the VET course assurance option under subsections 9(3) to (5) of the VET Guidelines 2015; or

ii.              the VET tuition fee repayment option under subsections 10(3) to (7) of the VET Guidelines 2015; and

e.             the student has made a request in writing for the re-crediting of the student’s HELP balance for the unit.

 

16.         The intended effect of paragraph 7(1)(d) of the Guidelines is to clarify that a student can only choose the VET tuition fee repayment option for the purpose of paragraph 51(1)(d) of Schedule 1A of the Act if they did not receive the relevant options previously available to them under the former VET Guidelines 2015. However, if they previously chose one of the former options and that option was not delivered to them, or in other words they did not receive the benefit of that option, then they will not have received any of the previously available options specified in paragraph 7(1)(d) of the Guidelines. This means they will be free to choose the VET tuition fee repayment option in accordance with subsection 7(1) of the Guidelines.

 

17.         The intended effect of paragraph 7(1)(e) of the Guidelines is to ensure that a VET provider, or the Secretary if the VET provider has ceased to exist or is unable to process re-credit requests, receives a written request for re-crediting from a student if the student’s circumstances satisfy the requirements under clause 51 of Schedule 1A of the Act and the other requirements specified in section 7 of the Guidelines. This is to ensure the VET provider or the Secretary receives the information necessary to allow for the re-crediting of the student’s HELP balance under clause 51 of Schedule 1A of the Act.

 

18.         Subsection 7(2) provides that if the VET provider receives a request in writing for re-crediting for the purpose of paragraph 7(1)(e) of the Guidelines, within 20 business days of receiving the request, the VET provider must re-credit the student’s HELP balance in respect of the unit as required under subclause 51(1) of Schedule 1A of the Act. A note under subsection 7(2) states that the Secretary may re-credit the student’s HELP balance under subclause 51(2) of Schedule 1A of the Act, if the provider is unable to do so.

 

19.         Under subclause 56(1) of Schedule 1A of the Act, if a person’s HELP balance is re-credited under clause 51 of Schedule 1A of the Act with an amount relating to VET FEE-HELP assistance for a VET unit of study, the VET provider must pay the Commonwealth an amount equal to the amount of VET FEE-HELP assistance to which the person was entitled for the unit.

 

Section 8 Meaning of ceased to provide an eligible VET course of study

 

20.         This section replaces and is substantially the same as section 13 of Part 3 of the VET Guidelines 2015.

 

21.         This section provides the meaning of the phase “ceased to provide an eligible VET course of study” used in section 7 of the Guidelines.

 

22.         This section includes the following changes:

 

a.             The term “VET provider” is now used in place of the term “first body” because there is no longer the need to use the terms “second provider”, “VET repayment TAS operator” or “VET repayment guarantor”. These terms were previously used in the context of the previous VET tuition assurance requirements. Those requirements no longer apply, due to the time that has passed since the phased closure of the VET FEE-HELP scheme from 2016 to 2018.

 

b.             The description of the specified circumstances of when a VET provider ceases to provide an eligible VET course of study have been changed to the past tense, because they refer to matters which have already occurred before the commencement of the Guidelines.

 

c.              The period “before 1 July 2021” is now inserted in subsection 8(c) in relation to a determination under subclause 35(1) or 37(1) of Schedule 1A of the Act. This is because clauses 35 and 37 of Schedule 1A of the Act were repealed on 1 July 2021 by the VET Student Payment Arrangements (Miscellaneous Amendments) Act 2021.

 

Part 3—Student grievance and review procedure requirements

 

Section 9 Student grievance requirements—grievance procedure

 

23.         This section replaces and is substantially the same as section 42 of the VET Guidelines 2015, with changes to the format and to reflect the fact that any complaint on or after the commencement of the Guidelines would be from a previous VET student of a VET provider. Otherwise, the amendments are not intended to alter the legal effect of previous section 42 of the VET Guidelines 2015.

 

24.         This section provides for the student grievance requirements with which a VET provider must comply for the purposes of clause 19 of Schedule 1A of the Act.  Although the VET FEE-HELP scheme has ended, it is important that VET providers continue to maintain procedures to deal with grievances relating to past activities under the VET FEE-HELP scheme and that relevant information is published and readily available to past students.

 

Section 10 Student grievance and review procedure requirements—re-crediting HELP balances

 

25.         This section replaces and is the same as section 43 of the VET Guidelines 2015. It provides for the student grievance and review procedure requirements with which a VET provider must comply for the purposes of clause 19 of Schedule 1A of the Act, but specifically related to re-crediting of HELP balances. It is included in the Guidelines to require a VET provider to have appropriate grievance and review procedures in place to address applications for re-crediting under subclause 46(2) or clause 46A of Schedule 1A of the Act.

 

26.         Although the VET FEE-HELP scheme has ended, it is important that VET providers continue to maintain procedures to deal with re-crediting applications from past students and that relevant information is published and readily available to past students. This ensures past students can access information about their right to request a re-credit of their HELP balance under certain circumstances and the process for doing so.

 

Part 4—Re-crediting HELP balances

 

Division 1 – Re-crediting HELP balance if unacceptable conduct

 

Section 11 Purpose

 

27.         This section replaces and is the same as section 48 of the VET Guidelines 2015. It has been included in the Guidelines without change as applications for re-crediting due to unacceptable conduct under paragraph 46A(1)(c) of Schedule 1A of the Act may continue to be made and an application for review of a decision under clause 46A of Schedule 1A of the Act may continue to be determined, on or after the commencement of the Guidelines. This is similarly the case for many of the other provisions in Division 1 of Part 4.

 

28.         This section states that the purpose of Division 1 of Part 4 of the Guidelines is to specify when circumstances exist for the purpose of paragraph 46A(1)(c) of Schedule 1A of the Act. This section is in relation to certain requests for Commonwealth assistance of a person (the student) relating to a VET unit of study, or VET course of study, undertaken with a VET provider, or a form that would have been such a request relating to a VET unit of study, or VET course of study, undertaken with a VET provider if it had been signed by a responsible parent of a person (the student).

 

29.         The effect of Division 1 of Part 4 of the Guidelines is to specify the types of unacceptable conduct for which a student may request a re-credit of the student’s HELP balance.

 

30.         Division 1 of Part 4 of the Guidelines is intended to continue to provide student protection in cases of past unacceptable conduct.

 

Section 12 Publishing information suggesting VET FEE-HELP assistance not a loan etc.

 

31.         This section replaces and is the same as section 49 of the VET Guidelines 2015. It provides that the relevant circumstances exist if the VET provider published information or caused information to be published that suggested to the student that VET FEE-HELP assistance (however described) for the unit or course is not in the nature of a loan, or does not need to be repaid, or the unit or course is free from any fees or charges.

 

32.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection where the specified misleading information was provided to students at the relevant time.

 

Section 13 Inappropriate marketing etc.

 

33.         This section replaces and is substantially the same as section 50 of the VET Guidelines 2015, with amendments to ensure correct cross-referencing to other provisions in the Guidelines.

 

34.         Subsection 13(1) provides that the circumstances exist if the VET provider did, or caused to be done, any marketing, advertising or promoting that suggests that a thing will be provided to a student or another person or otherwise be available for the student to use if the student enrols in the unit or course, if this provision of, or use of, the thing would be reasonably likely to induce the student to enrol in the unit or course and to seek Commonwealth assistance for that unit or course (or give the form referred to in paragraph 11(b) of the Guidelines).

 

35.         Subsection 13(2) provides that the circumstances exist if the VET provider cold-called a person, or caused a person to be cold-called, when marketing, advertising or promoting the unit or course; and in doing so, or as the result of doing so, the VET provider suggested, or caused to be suggested, that VET FEE-HELP assistance (however described) could be available if a person were to enrol in the unit or course; and it is reasonably likely that this induced the student to enrol in the unit or course and make the request for Commonwealth assistance (or give the form referred to in paragraph 11(b) of the Guidelines).

 

36.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection.

 

Section 14 Provision of information

 

37.         This section replaces and is substantially the same as section 51 and paragraphs 31(2)(b) to (e) of the VET Guidelines 2015. Changes have been made to reflect that the relevant conduct would have occurred prior to the commencement of the Guidelines, given the VET FEE-HELP scheme has ended.

 

38.         This section provides that the circumstances exist if the VET provider did not provide the student with the specified information about VET FEE-HELP assistance for a course of study they sought to enrol in.

 

39.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection.

 

Section 15 Inappropriate inducements

 

40.         This section replaces and is the same as section 52 of the VET Guidelines 2015. It has been included in the Guidelines without change. This section provides that the circumstances exist if the VET provider offered or provided or caused to be offered or provided certain inappropriate inducements.

 

41.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection.

 

Section 16 Failure to provide VET FEE-HELP notices

 

42.         This section replaces and is the same as section 53 of the VET Guidelines 2015. It has been included in the Guidelines without change. It provides that the circumstances exist if the VET provider failed to comply with subclause 64(1), (2), (2A) or (3) of Schedule 1A of the Act in relation to the student (which relate to notices required to be provided to a student by the VET provider).

 

43.         Refer to the discussion further below, concerning sections 26 to 28 of the Guidelines, which provide the requirements relating to the notices which VET providers were required to provide to their students for a VET unit of study for the purpose of subclauses 64(1), (2), (2A) and (3) of Schedule 1A of the Act.

 

44.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection.

 

Section 17 Failure to comply with student requests

 

45.         This section replaces and is the same as section 54 of the VET Guidelines 2015. It has been included in the Guidelines without change. It provides that the circumstances exist if the VET provider failed to comply with certain student requests or charged the student a fee or imposed a penalty (however described) in order for the provider to comply with the request.

 

46.         The section also provides that the circumstances exist if, after the student withdrew from the unit or course, the VET provider took certain action or failed to take certain action in relation to the student’s enrolment.

 

47.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection.

 

Section 18 Accepting requests for Commonwealth assistance etc. when student not entitled

 

48.         This section replaces and is substantially the same as section 55 of the VET Guidelines 2015. It has been included in the Guidelines without change, other than the minor change to the use of past tense. It provides that the circumstances exist if the student was not entitled to VET FEE-HELP assistance for the unit, but the VET provider treated the student as being so entitled.

 

49.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection.

 

Section 19 Failure to advise about requests

 

50.         This section replaces and is the same as section 56 of the VET Guidelines 2015. It has been included in the Guidelines without change.

 

51.         Subsection 19(1) provides that the circumstances exist if the VET provider enrolled the student in a unit less than 2 business days before the census date for the unit but the student had not already given their request for Commonwealth assistance relating to the course and the VET provider failed to advise the student of their ineligibility to receive VET FEE-HELP assistance for the unit.

 

52.         Subsection 19(2) provides that the circumstances exist if the student’s request for Commonwealth assistance relating to a unit or course was given to an appropriate officer of the VET provider less than 2 business days after the student enrolled in the unit, and before enrolling the student in the unit, the VET provider failed to advise the student of:

 

  • relevant matters concerning ineligibility to receive VET FEE-HELP assistance; or
  • encouraged the student to give the request in the stated timeframe (which means they would be ineligible to receive VET FEE-HELP assistance). 

 

53.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection.

 

Section 20 Failure to apportion fees appropriately

 

54.         This section replaces and is the same as section 57 of the VET Guidelines 2015. It provides that the circumstances exist if the VET provider charged the student fees for the unit and the tuition fees were not charged in accordance with Part 7 of the VET Guidelines 2015 as in force immediately before the commencement of the Guidelines.

 

55.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection.

 

Section 21 Failure to publish fees

 

56.         This section replaces and is the same as section 58 of the VET Guidelines 2015. It has been included in the Guidelines without change. It provides that the circumstances exist if the VET provider charged the student fees for the unit and, on the day before the student enrolled in the unit, the tuition fees were not available on the VET provider’s website in a way that was readily accessible by the public.

 

57.         A student can request a re-credit of the student’s HELP balance for unacceptable conduct if circumstances exist under this section. The section is intended to continue to provide student protection.

 

Division 2 – Re-crediting HELP balance if inappropriate conduct

 

Section 22 When a person is taken not to have completed the requirements for a VET unit of study

 

58.         This section replaces and is substantially the same as section 58A of the VET Guidelines 2015. It has been included in the Guidelines without substantive changes. It is relevant for the purpose of subparagraph 46AA(1)(a)(ii) of Schedule 1A of the Act.

 

59.         This section sets out when a person is taken not to have completed the requirements for a VET unit of study for the purposes of subparagraph 46AA(1)(a)(ii) of Schedule 1A of the Act. Specifically, a person (referred to as ‘the student’) is taken not to have completed the requirements for a VET unit of study with a VET provider if it is reasonably likely that the student did not complete the requirements for the unit, regardless of whether the student is recorded as having completed the unit. That is, the fact that a student has been recorded (for example, in the Tertiary Collection of Student Information system – see https://www.tcsisupport.gov.au/about) as having completed the requirements for a VET unit of study is not determinative of whether the student actually completed such requirements. Rather, the central consideration is whether it is reasonably likely that the student did not actually complete the requirements for the unit. This would include, for example, situations where a student’s attendance, participation and achievements were not correctly recorded, or the student was wrongly recorded as having completed the requirements for a unit.

 

60.         The ability for a person to make an application for re-credit of their HELP balance under clause 46AA of Schedule 1A of the Act ceased on 31 December 2023 (refer to paragraph 46AA(9)(b) of Schedule 1A of the Act and subsection 58AC(2) of the VET Guidelines 2015). The ability for the Secretary to re-credit a person’s HELP balance on the Secretary’s own initiative ceased on 31 December 2024 (refer to paragraph 46AA(10)(b) of Schedule 1A of the Act and subsection 58AC(1) of the VET Guidelines 2015). This section therefore has relatively limited application and has been made to assist a person when they are reviewing a reviewable decision previously made under clause 46AA of Schedule 1A of the Act.

 

Section 23 Prescribed matters for inappropriate conduct

 

61.         This section replaces and is substantially the same as section 58AB of the VET Guidelines 2015. Amendments have been made to provide accurate cross-references to other sections in the Guidelines and reference to the VET Guidelines 2015 where appropriate.

 

62.         This section is made for the purposes of paragraph 46AA(1)(b) of Schedule 1A of the Act. It sets out the matters that the Secretary must have regard to in determining whether it is reasonably likely that a VET provider (or an agent of the provider) engaged in inappropriate conduct towards a person (referred to as ‘the student’) in relation to a VET unit of study or VET course of study of which the unit forms part.

 

63.         The ability for a person to make an application for re-credit of their HELP balance under clause 46AA of Schedule 1A of the Act ceased on 31 December 2023 (refer to paragraph 46AA(9)(b) of Schedule 1A of the Act and subsection 58AC(2) of the VET Guidelines 2015). The ability for the Secretary to re-credit a person’s HELP balance on the Secretary’s own initiative ceased on 31 December 2024 (refer to paragraph 46AA(10)(b) of Schedule 1A of the Act and subsection 58AC(1) of the VET Guidelines 2015). This section therefore has relatively limited application and has been made to assist a person when they are reviewing a reviewable decision previously made under clause 46AA of Schedule 1A of the Act.

 

Section 24 Final date for re-crediting

 

64.         This section replaces and is the same as section 58AC of the VET Guidelines 2015. It has been included in the Guidelines for continuity and without change to assist a person when they are reviewing a reviewable decision previously made under clause 46AA of Schedule 1A of the Act.

 

65.         Subsection 24(1) of the Guidelines confirms that the Secretary must not re-credit a person’s HELP balance pursuant to subclause 46AA(1) of Schedule 1A of the Act on the Secretary’s own initiative after 31 December 2024.

 

66.         Subsection 24(2) of the Guidelines confirms that the Secretary must not re-credit a person’s HELP balance pursuant to subclause 46AA(1) of Schedule 1A of the Act on application made by a person if the application is made after 31 December 2023.

 

Section 25 Requirements for applications

 

67.         This section replaces and is the same as section 58AD of the VET Guidelines 2015. It has been included in the Guidelines for continuity and without change to assist a person when they are reviewing a reviewable decision previously made under clause 46AA of Schedule 1A of the Act.

 

68.         This section confirms the requirements for applications made after 31 December 2020 for the purposes of paragraph 46AA(3)(c) of Schedule 1A of the Act.

 

Part 5—Notices to students

 

Section 26 Purpose

 

69.         This section replaces and is substantially the same as section 78 of Part 8 of the VET Guidelines 2015.

 

70.         Part 5 of the Guidelines remakes Part 8 of the VET Guidelines 2015 in a reduced and adapted form. It sets out the requirements for notices which a VET provider was previously required to give to a person under subclauses 64(1), (2), (2A) and (3) of Schedule 1A of the Act for a VET unit of study in which the person was enrolled with the VET provider at a time when the VET FEE-HELP scheme was operating.

 

71.         The purpose of Part 5 of the Guidelines is to assist decision makers when deciding whether a circumstance involving unacceptable conduct under section 16 of the Guidelines existed for the purposes of paragraph 46A(1)(c) of Schedule 1A of the Act at the relevant time, and whether a person’s HELP balance should be re-credited under clause 46A of Schedule 1A of the Act.

 

72.         This section has been included in the Guidelines without substantial change. Amendments have been made to reflect that the relevant conduct would have occurred before the commencement of the Guidelines, given that the VET FEE-HELP scheme has ended.

 

Section 27 VET FEE-HELP invoice notices

 

73.         This section remakes section 79 of Part 8 of the VET Guidelines 2015, with some adjustments to assist with the overall streamlining of the Guidelines, given the more limited application of the Guidelines due to the length of time that has passed since the phased closure of the VET FEE-HELP scheme from 2016 to 2018.

 

74.         This section incorporates by reference the relevant subsections in section 79 of the VET Guidelines 2015 outlining the requirements relating to VET FEE-HELP invoice notices which a VET provider, that was not a Table A provider, was required to give to a student for a VET unit of study in which the student was enrolled with the VET provider.

 

75.         A VET FEE-HELP invoice notice was to give accurate information about the potential VET FEE-HELP debt that a student will incur and the applicable census date and withdrawal information for a VET unit of study in which the student was enrolled with their VET provider, to allow the student to make informed decisions about continuing their study and conscious decisions about incurring a VET FEE-HELP debt.

 

Section 28 Commonwealth assistance notices

 

76.         This section remakes section 80 of Part 8 of the VET Guidelines 2015, with some adjustments made in a similar manner to section 27 of the Guidelines.

 

77.         This section incorporates by reference the relevant subsections in section 80 of the VET Guidelines 2015 outlining the requirements relating to Commonwealth assistance notices which a VET provider was required to give to a student for a VET unit of study in which the student was enrolled with the VET provider.

 

78.         The Commonwealth assistance notice was to provide information to a student about a VET unit of study they enrolled with their VET provider including, for example, information on amounts of VET FEE-HELP assistance and any loan fees for the unit and the unit’s census date.

 

Part 6—Electronic communications

 

Section 29 Purpose

 

79.         This section replaces and is substantially the same as section 81 of Part 9 of the VET Guidelines 2015.

 

80.         This section provides that Part 6 of the Guidelines sets out the information technology requirements for VET providers for the purpose of subclause 70(1) of Schedule 1A of the Act and the electronic communications requirements on VET providers for the purpose of subclause 70(2) of that Schedule.

 

81.         Part 6 of the Guidelines has been remade without substantive changes to provide the information technology requirements and electronic communications requirements for VET providers where electronic communications between a VET provider and a student are required on or after the commencement of the Guidelines. For example, in the case of complaints about past conduct or in relation to requests for re-crediting of a student’s HELP balance.

 

Section 30 Information technology requirements

 

82.         This section replaces and is substantially the same as section 82 of Part 9 of the VET Guidelines 2015.

 

83.         This section has been included in the Guidelines without substantive changes for the purposes of subclause 70(1) of Schedule 1A of the Act. VET providers must comply with the information technology requirements provided in this section if the Act requires or permits information or a document to be given by a student to a VET provider, or by a VET provider to a student, by way of fax, email, web-based communication or any other form of electronic communications specified by the VET provider.

 

Section 31 Electronic communications—identification requirements

 

84.         This section replaces and is substantially the same as section 83 of Part 9 of the VET Guidelines 2015.

 

85.         This section has been included in the Guidelines without substantive changes for the purposes of subclause 70(2) of Schedule 1A of the Act. It specifies the methods which a VET provider must have in place to enable a student to provide an electronic communication to a VET provider that is required to be signed.

 

86.         It also provides that, if a student is required or permitted by the Act to sign a document to be given to a VET provider, and when giving the document the student uses such a method, the student is taken to have signed the document for the purposes of the Act.

 

87.         The section also provides (by way of example) one method which a VET student can use to identify themselves and provides for the identification requirements which the VET provider must satisfy if it wishes to adopt this method.

 

Part 7—Other matters

 

Section 32 Application of provisions

 

88.         This section replaces and is substantially the same as subsection 92(5) of the VET Guidelines 2015.

 

89.         This section confirms that the sections in the Guidelines relating to unacceptable conduct that can cause the re-crediting of HELP balances apply in relation to unacceptable conduct engaged in on or after 1 January 2016.

 

Schedule 1—Repeals

 

Higher Education Support (VET) Guideline 2015

 

Item 1  The whole of the instrument

 

90.         Item 1 of Schedule 1 repeals the whole of the VET Guidelines 2015. The Guidelines repeal and remake as necessary the VET Guidelines 2015 under the Act, which avoids automatic repeal of the VET Guidelines 2015 under subsection 50(1) of the Legislation Act, which would have otherwise occurred on 1 April 2026.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.