Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SCHEDULE 7

Schedule 7—Dispute resolution and student welfare scheme

Section 4.6A.5B

        1     Scheme must apply to overseas students

The scheme must apply to overseas students of RTOs providing courses in Victoria.

        2     Scheme may apply to domestic students

The scheme may apply to domestic students of RTOs.

        3     Dispute resolution process

    (1)     The scheme must provide for dispute resolution processes in relation to disputes between past, current or prospective students and RTOs that are members of the scheme.

    (2)     In considering any dispute resolution process to be provided by the scheme, the Minister must have regard to—

        (a)     the integrity and fairness of the scheme including whether—

              (i)     the process provides a fair procedure; and

              (ii)     the persons appointed to decide disputes will be independent and able to make decisions based on the merits of a case; and

              (iii)     a decision on the dispute will bind members of the scheme; and

              (iv)     persons appointed to decide disputes will have appropriate qualifications and experience; and

        (b)     the cost of referring a complaint to the dispute resolution process; and

        (c)     the past history (if any) of the operation of the scheme.

        4     Other matters

The Minister must consider whether the scheme also covers the following functions—

        (a)     providing information and advice to students in relation to—

              (i)     their rights under this Act and the regulations and the scheme; and

              (ii)     training contracts; and

              (iii)     other training matters affecting students;

        (b)     conducting inquiries in relation to systemic matters affecting the vocational education and training sector;

        (c)     facilitating pastoral care services for overseas students.

        5     Regulations

The Minister must also consider whether the scheme will be able to operate in accordance with the requirements for operation set out in the regulations.