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Action when a provider ceases to provide a course procedure

TrainSmart Australia has the following procedures in place should it cease to provide an approved course after it starts but before it is completed: –

  • within 2 days of ceasing the provision an approved course, TrainSmart Australia will notify students enrolled in the course, in writing, that the course is no longer being provided. The notification will be made by email however where this is not practicable, the notification will be provided by post;
  • within 7 business days after notifying the students, TrainSmart Australia will hold a meeting with the students and the tuition assurance scheme operator (ACPET) for the course at the location where the course was primarily delivered;
  • as soon as practicable, TrainSmart will update its website (www.tsa.edu.au) to reflect that the course is no longer being provided and to provide tuition assurance information;
  • within 2 business days TrainSmart Australia will give the tuition assurance scheme operator (ACPET) notice of any events as required under section 52 (1) (information about events that affect provider), these include:

 

a) where a notice is served on TrainSmart, or proceedings that are taken, to: cancel the TrainSmart’s incorporation or registration under the Corporations Act 2001 or similar legislation; or dissolve TrainSmart as a legal entity;

b) where TrainSmart comes under a form of external administration (within the meaning of subsection 600H(2) of the Corporations Act 2001) or an equivalent arrangement;

c) where TrainSmart fails to comply with a statutory demand within the meaning of section 459F of the Corporations Act 2001;

d) where TrainSmart is unable to pay all of its debts when they become due;

e) where proceedings are initiated for an order for TrainSmart’s winding up;

f) where at a meeting of TrainSmart, a resolution is made to wind up the provider.

  • As soon as practicable TrainSmart Australia will give the tuition assurance scheme operator (ACPET) notice of any events as required under section 52 (2) a) In the event that TrainSmart Australia intends to cease providing a course after it starts but before it is completed, Trainsmart must give the tuition assurance scheme operator (ACPET) written notice of the intention as soon as practicable.
  • within 24 hours TrainSmart Australia will give the tuition assurance scheme operator (ACPET) in writing notification that TrainSmart will cease to provide a course to which the arrangement applies.
  • within 3 business days after TrainSmart Australia ceases to provide the course, TrainSmart Australia will provide the tuition assurance scheme operator (ACPET) the following: –

a) the student’s full name and contact details;

b) the part or parts of the course that the student is enrolled in;

c) the amount of the tuition fees for each part of the course in which the student is enrolled;

d) details about the payment of those tuition fees, including the amounts that are covered fees;

e) for the parts of the course which the student has completed: a copy of a statement of attainment or other Australian Qualifications Framework certification documentation issued by the course provider or an authorised issuing organisation in accordance with the Australian Qualifications Framework; or a copy of an authenticated VET transcript issued by the Student Identifiers Registrar

  • as soon as practicable after receiving notice from the tuition assurance operator (ACPET) required under subsection 73(2) (notice that a student’s FEE-HELP balance must be re-credited) TrainSmart will process the re-credit of the student’s FEE-HELP balance.

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