Education and training
Learn about what rights and responsibilities Australian education providers have and what you can do if you’re a student experiencing an issue with your course.
Education and training are a big part of life. Education and training providers provide knowledge and teach us new skills, while tutoring can help enhance your child’s performance at school.
Australia has a national system of accredited vocational education and training (VET) qualifications and courses. Only registered training organisations can deliver nationally recognised qualifications and accredited courses.
Getting the most out of an education or training course for or your child
Remember, training can cost tens of thousands of dollars, and you cannot always get a refund if you make a bad choice or change your mind.
Do not sign up or pay for any education, training or tutoring service until you do some on research on the:
- qualifications
- providers
- costs
- payment options that best suit your needs.
Things to help you if you are looking at further education or a training course
Take time to do your research before committing to any course or training program. It could save you money, frustration and heartache. Here are some tips to help you:
- Shop around. Find the course best suited to you, compare prices, fees, content and length of the courses, and job opportunities, visit Skills NSW website.
- Make sure the training provider is a registered training organisation (RTO). Visit the Training.gov.au to search for your provider.
- Check the training provider is approved to offer VET student loans. See a list of approved VET providers online. Check the requirements for loan fees, interest and paying back the loan.
- Do not be fooled by deals, such as ‘free’ or bonus incentives like cash, laptops or tablets, which are built into your course fees or loan. Training providers and marketers are banned from offering students incentives to sign up to courses funded by VET Student Loans. Make a complaint if you see this happening.
- If you are approached and sign an unsolicited consumer agreement, you still have until the end of the cooling-off period (10 business days) to make your decision and pay for the course.
- Only give out your personal details, including your tax file number, if you are confident you want to enrol. Be sure the person is an authorised representative of an approved training provider. Ask for identification.
- Do not get scammed. Never provide training providers with your usernames or passwords from government agencies, such as the Department of Human Services, Centrelink or myGov.
- Be wary of overseas or interstate institutions promoting their services on the internet and be cautious when dealing with a company that relies on web-based communication and does not offer telephone numbers or office locations.
- When you sign a contract, you are legally bound by its terms and conditions, and you usually cannot back out. Always read any document you are asked to sign carefully. Do not sign anything you do not understand.
Finding the right tutor for your child
Here are some questions you should ask to help you decide if the tutor or tutoring organisation is right for your child:
- How long has the tutoring service been in business?
- Does the service belong to a relevant industry association with an enforceable code of conduct like the Australian Tutoring Association?
- Has the tutoring service personally interviewed the tutor?
- What are the qualifications and experience of the tutor?
- Are the tutors trained specifically in the subject area?
- Is the form of proposed tutoring relevant to the NSW Education course requirements?
- Have reference checks been conducted on the tutor?
- Does the tutor hold the appropriate Working With Children Check?
Tips for overseas students
Here are some tips to help foreign students studying in NSW:
- Before enrolling in a course or training program, you must check if the education provider is registered to deliver training to foreign students, and is listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) website.
- If your education provider has not delivered the course you are enrolled in, you may be entitled to a full refund. Contact the Education Services for Overseas Student (ESOS) visit the Department of Education and Training’s International Education website for more information.
- If you want to transfer to another training provider, you must first complete 6 months of your principal course or get a release letter from the original training provider. You should also check your written agreement for your provider's policy on transferring, as well as fees and refunds.
- If you are dissatisfied with a decision or action taken by your provider, you can lodge an internal complaint or appeal with them directly.
- If you are attending a self-accrediting university, for example the University of Sydney, you should contact the International Students Office of your university for any concerns or enquiries.
- If this does not resolve the problem, the Overseas Students Ombudsman may be able to help.
For any questions about your visa, contact the Department of Immigration and Border Protection on 13 18 81 or visit the website.
Your consumer rights for education and training
Under Australian Consumer Law, most products or services bought in Australia after 1 January 2011 come with automatic consumer guarantees that the product or service you purchased will:
- be of acceptable quality
- be fit for a particular purpose
- match the description, or sample or demonstration model.
Proof of purchase and documentation
You have the right to receive proof of purchase. Businesses must give you a receipt for goods or services valued at $75 or more. You can ask for a receipt for a transaction under $75 and the business must give it to you within 7 days.
If the service has a warranty, it will give you some extra protection against faults or defects. Warranties generally have terms and conditions attached and it’s your responsibility to be aware of these.
Advertising
Advertising can be a powerful means of persuasion, so it’s important it is truthful, accurate and easy to understand. Australian Consumer Law protects consumers from deceptive advertising claims and conduct.
Businesses are not allowed to make false or misleading representations about their products or services.
The remedy if something goes wrong
The remedy when things go wrong will depend on whether the problem is major or minor.
You are entitled to an appropriate remedy from the business when the product or service you purchased does not meet one or more of the consumer guarantees.
This might be:
- a refund
- further service to rectify the problem
- reimbursement for damages and consequential loss in some cases.
The remedy will depend on whether the problem is:
- a major problem, or
- a minor problem.
You can find out more by visiting our repairs, replacements and refunds page.
Get help with your education and training issue
If you have a complaint about a tutor
You can contact the Australian Tutoring Association (ATA) to make a complaint about a tutor or report a conflict.
For public school students
Visit the Department of Education website for information and to make a complaint about NSW public education, including:
- kindergarten
- primary school
- secondary school.
For university students
For information and to make a complaint about a university, see the Tertiary Education Quality and Standards Agency (TESQA) website. Alternatively, you can make a complaint about a university in NSW with the NSW Ombudsman.
For students in a training course
If you have a problem with a provider, loan or debt, you can contact the Commonwealth Ombudsman if your issue relates to:
- a VET Student Loan, or
- VET FEE-HELP.
Contact the National Training Complaints Hotline if you have other questions and concerns regarding a training organisation. You can also submit a formal complaint to the National Training Complaints Hotline if you have already tried the options above. Call 13 38 73 or visit the website for more information.
Contact the Australian Taxation Office (ATO) if you have given your tax file number to a training provider and are worried you have an unexpected VET Student Loan debt. The ATO manages VET Student Loan debts, which are repaid through the tax system.
Cancelling VET student loans
If you signed up for a VET student loan to pay for a course, you could cancel your enrolment before the census date and avoid the course fee. In some circumstances, such as significant medical issues, you can cancel after the census date.
Cancelling after the census date
To cancel your course and your VET student loan after the census date, you must apply to your training provider. If your application is refused, you can request in writing that they review their decision.
If you do not receive a response in 45 days, or if they uphold their decision to refuse cancelling your VET student loan, you can:
- contact the Commonwealth Ombudsman on 1300 362 072,
- or fill out the online form.
When the training provider is no longer trading
If your training provider is no longer trading, contact:
- the Commonwealth Ombudsman, or
- the Commonwealth Department of Education on 1300 566 046.
Visit the Study Assist website for more information on the VET student loans program.
Making a complaint
When making a complaint, you should include:
- details of the issues you are experiencing
- copies of any correspondence that shows how you have tried to resolve the matter.
How NSW Fair Trading will handle your complaint
Your complaint will be reviewed to determine the most appropriate resolution. This may include:
- providing you with information to help resolve your complaint
- recording the complaint issues to assist in future compliance programs, or
- contacting the other party to try and resolve the dispute.
You can lodge a complaint:
Online
If you cannot resolve your matter, submit your complaint by using our form.
By mail
Post your complaint form and documentation to:
NSW Fair Trading
PO Box 972
Parramatta NSW 2124
Ask a question
If you are unable to find the information you need, you can call us between 8:30am to 5pm on Monday to Friday. You can also use our form to make an enquiry.