Newbery’s Audit Guide – Clause 5.2

 

What the clause requires:

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:

a) the code, title and currency of the training product to which the learner is to be enrolled, as published on the National Register;

b) the training and assessment, and related educational and support services the RTO will provide to the learner including the:

i) estimated duration;

ii) expected locations at which it will be provided;

iii) expected modes of delivery;

iv) 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

v) any work placement arrangements.

c) 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.

d) the learner’s rights, including:

i) details of the RTO’s complaints and appeals process required by Standard 6; and

ii) 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;

e) the learner’s obligations:

i) in relation to the repayment of any debt to be incurred under the VET FEE-HELP scheme arising from the provision of services;

ii) any requirements the RTO requires the learner to meet to enter and successfully complete their chosen training product; and

iii) any materials and equipment that the learner must provide; and

iv) information on the implications for the learner of government training entitlements and subsidy arrangements in relation to the delivery of the services.

 

What is this clause about:

Following on from clause 5.1, this clause specifies the minimum information requirements that must be provided to prospective learner prior to their enrolment or commencement to inform them about the services being provided. This clause equally relates to consumer protection and focuses on ensuring that learners are provided with sufficient and accurate information to inform their consumer decisions.

There is a close relationship between the requirements in this clause and the requirements relating to marketing specified in clause 4.1. Marketing information will constitute the primary content that informs this clause. Noting this, there are other important information sources that will also be applicable. These include fee information, learner or participant handbooks, et cetera. Some of the requirements within this clause may not be applicable to many RTO’s such as those relating to the VET FEE-HELP or VET Student Loan scheme.

 

You must be able to demonstrate that:

You provide the prospective learner prior to their enrolment or commencement with detailed information about the services being provided. This information may be provided in print, electronically or through referral to other information sources.

You accurately describe the services being provided including the training product code and title, estimated course duration, location of delivery, the mode of delivery, work placement requirements and a broad outline of the course structure.

You disclose any details of third parties including where services are provided on the RTO’s behalf and where you are delivering services on behalf of another RTO.

You provide a declaration that identifies who (which RTO) is responsible for the quality of the training and assessment services being provided and for the issuance of any AQF certificates.

You provide information that informs the learner about their rights and obligations including complaints and appeals processes, the materials and equipment the learner must provide, requirements to successfully complete their chosen training, obligations under any relevant government subsidy and the learner’s rights if the services are not delivered.

 

Evidence to prepare:

Enrollment process that confirms learners are provided information about rights and obligations prior to their enrollment.

Learner handbook or other information source that informs learners of their rights and obligations. This may include course brochures or other marketing information.

Mechanism for obtaining a formal acknowledgement from the learner that they have been informed about their rights and obligations. This may be part of the learner’s signed service agreement with the RTO where they agree to the RTO’s terms and conditions.

Student information about government subsidy eligibility, obligations and entitlements

 

You should prepare for these types of questions:

Can you explain the process for enrollment and how learners are informed about their rights and obligations?

What documents do you use to communicate this information?

What do you define as the learners’ rights and obligations?

How do you confirm that the learner understands their rights and obligations?

How do you ensure staff are informed about the learner’s rights and obligations?

Can I see the information source (Learner Handbook) where all this information is contained?

Can I see some learner files where learners have signed to acknowledge their rights and obligations?

How do you inform the learner about the course duration and mode of delivery?

Can you show me where the learner is informed about who (which RTO) is ultimately responsible for the quality of training and assessment services and for the issuance of the AQF certificate on their course completion?

This course is delivered using a government subsidy. These subsidies have eligibility criteria and include implications for the learner in relation to gaining access to the subsidy. How is this information communicated to the learner prior to their enrolment or commencement?

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Published by: Joe Newbery, released 2nd May 2017

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