Fees – information

Standards: Clause 5.3
5.3. Where the RTO collects fees from the individual learner, either directly or through a third party, the RTO provides or directs the learner to information prior to enrolment or the commencement of training and assessment, whichever comes first, specifying:

a)  all relevant fee information including:
i)   fees that must be paid to the RTO; and
ii)  payment terms and conditions including deposits and refunds;

b)  the learner’s rights as a consumer, including but not limited to any statutory cooling-off period, if one applies;

c)  learner’s right to obtain a refund for services not provided by the RTO in the event the:
i)   arrangement is terminated early; or
ii)  the RTO fails to provide the agreed services.

Related documents

Consumer guarantees – a guide for consumers – July 2021

Related links

Australian Consumer Law website

QCI considerations

There are three parts to this clause.

(a) Pre-enrolment information
Check these are mentioned in the course information:

• tuition fees
• payment terms and conditions including deposits
• any charges for resources
• reference to government subsidy if appropriate

These must also be available, usually in the Handbook:

• Refund policy and conditions for refund
• Charges for re-assessment
• Charges for re-issue of testamurs

(b) Consumer rights

Every time someone purchases goods and services, they are entering into a contract with the seller.The consumer has ‘statutory rights’ and these cannot be refused, changed or limited by the seller.

The enrolment form is a legally enforceable agreement between the RTO and the client. Once the learner engages with the RTO they have consumer rights under the Trade Practices Act (1974).

Good practice: Some RTOs include this statement on the enrolment form:

This agreement does not remove your rights under Australian Consumer Law.

(c) Right to a refund

Check that published pre-enrolment material includes information about:

• Cancellation of a course by the learner
• Cancellation of a course by your RTO