Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I move government amendment (5) on sheet ZA281:

(5) Schedule 3 , item 5 , page 91 (line 23) to page 92 (line 6) , omit subsections 27 ( 3 ) and ( 4 ), substitute:

  Limit on when remaining tuition fees may be required

(3) Once an overseas student begins a course, the registered provider for the course must not require any of the remaining tuition fees for the course to be paid, in respect of the overseas student, more than 2 weeks before the beginning of the student's second study period for the course.

This amendment is to do with the limit on when remaining tuition fees may be required. We think this will clarify the legislative drafting on prepaid fees. It is an issue that was raised with us, and we are seeking to address it. It provides that up to 50 per cent of total course fees, or 100 per cent for a course of 24 weeks or less, can be paid upfront at any time before the course commences. Once a student has begun a course, the provider cannot require the student to pay any further tuition fees more than two weeks prior to the second study period. If a student chooses to pay earlier, there is no requirement for the provider to return the tuition fees to the student and they would not be found non-compliant. This will protect the interests of students and reduce refunds flowing to the TPS without imposing unworkable requirements on providers.

The changes will give greater clarity to the sector in understanding their obligations. There was concern raised about how clear this was in the legislation. This is designed to give that clarity and to reassure people of what their obligations are. So it is just a response to feedback we have had from people with an interest. There is no change to the rules, as it were; it is just to make it clear.