Clause 4.1—Provide accurate and accessible information to prospective and current students

Clause 4.1

Information, whether disseminated directly by the RTO or on its behalf, is both accurate and factual, and:

1. accurately represents the services it provides and the training products on its scope of registration
2. includes its RTO code
3. refers to another person or organisation in its marketing material only if the consent of that person or organisation has been obtained
4. uses the NRT [Nationally Recognised Training] logo only in accordance with the conditions of use specified in Schedule 4
5. makes clear where a third party is recruiting prospective learners for the RTO on its behalf
6. distinguishes where it is delivering training and assessment on behalf of another RTO or where training and assessment is being delivered on its behalf by a third party
7. distinguishes between nationally recognised training and assessment leading to the issuance of AQF [Australian Qualifications Framework] certification documentation from any other training or assessment delivered by the RTO
8. includes the title and code of any training product, as published on the national register, referred to in that information
9. only advertises or markets a non-current training product while it remains on the RTO’s scope of registration
10. only advertises or markets that a training product it delivers will enable learners to obtain a licensed or regulated outcome where this has been confirmed by the industry regulator in the jurisdiction in which it is being advertised
11. includes details about any VET [Vocational Education and Training] FEE-HELP, government-funded subsidy or other financial support arrangements associated with the RTO’s provision of training and assessment
12. does not guarantee that:
    
    1. a learner will successfully complete a training product on its scope of registration, or
    2. a training product can be completed in a manner which does not meet the requirements of clause 1.1 and 1.2, or
    3. a learner will obtain a particular employment outcome where this is outside the control of the RTO.

What clause 4.1 means for your RTO

The Standards for Registered Training Organisations 2015 (the Standards) require your RTO to provide clear and accurate information to students before enrolment to allow students to make informed choices.

The Standards make it clear the RTO is solely responsible for all advertising, marketing and recruitment done on its behalf—regardless of the channel or method used.

You must ensure students are provided with clear and accurate information. This is your RTO’s responsibility regardless of:

• the medium used to advertise training (including your website and social media)
• how students are recruited
• who is actually providing the information (including education agents and brokers).

Your RTO is subject to all relevant consumer protection laws that apply in any jurisdiction where you operate.

Your RTO must honour all commitments it makes in all marketing materials. You must only promote training or assessment for training products that are currently on your scope of registration.

Advertising or marketing by third parties

• An RTO can engage a non-RTO (either a natural person or legal entity) under a third party arrangement to deliver training and/or conduct assessment on their behalf, as long as this is done entirely in the RTO’s name and on the RTO’s behalf.
• If a non-RTO is recruiting students under a third party agreement with your RTO, all marketing and advertising must use the name of your RTO (and not the name of the third party).
• An RTO can engage another RTO under a third party arrangement to deliver training and/or conduct assessment on their behalf, as long as the third party RTO has the relevant course on scope.
• A third party cannot advertise a VET course using its own name.
• Marketing information must distinguish if any recruitment and/or training and assessment is being delivered on your RTO's behalf by a third party arrangement.
• Marketing information may include the name and/or logo of the third party, providing it is clear to a reader the details of the RTO that is offering and is responsible for the VET course.
• If an RTO is recruiting students under a third party agreement with your RTO, all marketing and advertising must include details of the third party arrangements.

Including your RTO code

• You must include your RTO code in all marketing material where an inference is made that nationally recognised training is offered.
• All marketing and advertising material must include your RTO’s name.

Using the Nationally Recognised Training logo

• All nationally recognised training is listed on the national register of training providers and courses, at training.gov.au. The NRT logo is a recognised trademark that confirms training is nationally recognised. To maintain the credibility of the logo, it must be used only in accordance with the conditions of use in Schedule 4 of the Standards.
• If your RTO delivers training that is not nationally recognised (including school and higher education programs), you must clearly separate marketing or other information about this training from marketing and information about training that is nationally recognised. It must be clear where training is not nationally recognised. 
• RTOs can obtain a copy of the NRT logo by emailing us from an RTO contact listed on the national register at training.gov.au

Including the code and full title of the training product

• Whether you offer qualifications, skill sets, accredited courses or individual units, all marketing material must include the code and the full title of the training product (as listed on the national register) to ensure there is no confusion about what is being offered and to allow potential students to verify the information. This also means that all RTOs are describing courses under the same title, reducing confusion in the marketplace.

When developing your marketing or advertising material, remember the likely audience, particularly for online marketing. Often, Australian states and territories have different regulatory arrangements and potential students must be able to clearly see where any licensing or accreditation outcomes may apply.

Your RTO’s marketing material must also be consistent with its training and assessment strategies, including any variations or additions for courses delivered to overseas students. For example, you must not claim a course takes two weeks to complete if students complete the course over a period of several months, including doing so by also undertaking a period of independent study.

If you use any reference to another person or organisation (such as testimonials or photos) in marketing or advertising material, you must gain consent from the person or organisation before you make that reference public. This applies to, for example, displaying photos of other training or educational institutions on your website, which can lead people to believe your RTO operates those facilities.

Where students may be accessing VET Student Loans (VSL) or any other government loan or subsidy, your RTO must provide details of the arrangements. You must provide details of:

• any costs associated with the loan or subsidy (including interest or similar costs)
• any debt that will be incurred.

You should also note that these funding programs may have additional marketing requirements with which you must comply. You should check the details of requirements with the relevant funding authority.

You must provide details of any loss of entitlement that may occur if a student undertakes a course at your RTO. This includes providing information about limited entitlement schemes (where students are only able to access one course or there are restrictions on what courses may be subsidised after a student completes their study at your RTO).

RTOs are not required to have marketing or advertising policies and procedures, but you should:

• ensure all marketing material is checked and approved by an appropriate person before publication
• monitor all marketing to ensure it remains current and accurate.

ASQA and other agencies receive many complaints about RTOs that make inaccurate or misleading statements in their marketing. Being vigilant about monitoring the accuracy of marketing about your RTO across all forms of media will increase student satisfaction and reduce the chance of students submitting complaints to regulators. You should be equally vigilant in monitoring any marketing carried out on your behalf by other parties, such as training directories or brokers.

Complaints ASQA receives about an RTO can lead to regulatory action.

Remember, your RTO is responsible for ensuring all marketing complies with the Standards, no matter who actually creates or publishes the material.

ASQA may review your RTO’s marketing when:

• preparing for a performance assessment (audit)
• considering applications
• investigating complaints
• as part of regular data-gathering processes to inform an RTO’s risk profile.

ASQA’s reviews include conducting Internet searches to discover marketing about your RTO other than your RTO’s website, reviewing social media, and reviewing data and intelligence received about your RTO’s marketing processes.

A guide to compliance

Complaints about student information, enrolment and marketing are consistently among the top ten categories of complaints about RTOs that ASQA receives. This suggests that RTOs need to have rigorous processes in place to monitor and review their marketing and recruitment materials and practices.

Your RTO should retain copies of all actual advertising and marketing material, including any material created by third parties. Retaining copies and keeping a register of all approved material, while not mandatory, makes it easier for your RTO to monitor marketing and allows this evidence to be presented as part of a performance assessment (audit) or in the investigation of a complaint.

If your RTO has any third-party arrangements, it is essential to maintain current and appropriate written agreements that clearly specify that the third party may not advertise or offer courses in its own name, unless the third party is an RTO with the relevant course on its own scope. 

Regardless of how your evidence is presented, it must demonstrate that all of the requirements of clause 4.1 have been complied with in full.

How can my RTO demonstrate and provide evidence of compliant practice?

You could show that your RTO has a systematic practice of reviewing all your marketing, advertising and recruitment materials and keep a register of the actions you have taken to ensure these materials remain accurate and up to date. For example, you could show that:

• you review these materials whenever your training and assessment strategies are changed
• you have an identified staff member responsible for checking the accuracy and currency of information before it is published
•  you collect information from clients/students about whether they received the services they understood they would receive and keep records of any actions you take in response to student feedback.

If you reference another person or organisation in your advertising or marketing material you must retain evidence that permission was obtained prior to any material containing the reference being published. Evidence could include:

• an exchange of email
• a signed release form
• a letter giving permission to use the relevant material
• other relevant evidence.

If you regularly include information about students in social media (including photos where a student can be recognised), evidence might include a release clause in the enrolment form giving your RTO permission to use photos in public if you use this method (ensure you can demonstrate that these students actually agreed to the release and that students can ‘opt out’ if they wish).

Remember that ASQA will be seeking evidence that your marketing and recruitment practices align with all your RTO’s marketing and recruitment materials—no matter who they are published by, or in what format. For example, ASQA may interview or survey your students about their experience of your marketing. ASQA may also discuss your marketing and recruitment with third parties.