Training providers and marketers - business rights and responsibilities in NSW

Training providers and marketers have obligations under the Australian Consumer Law (ACL) such as meeting consumer guarantees including:

• advertising, marketing and promotion
• soliciting and taking enrolments
• training delivery
• student assessment
• handling of complaints by training providers
• requests to cancel a student’s enrolment.

The ACL also applies when these services are provided by third parties on behalf of a training provider.

Misleading and deceptive conduct

It’s illegal to represent falsely or misleadingly the:

• price of a service
• quality of the service
• need for particular services.

Misleading advice could also include:

• the benefit of doing a course, including eligibility for further study or employment prospects
• the overall price of the course, including VET Student Loan arrangements.

Unconscionable conduct

Conduct against good conscience is also illegal. Extra care must be taken when marketing to vulnerable consumers who might not know what they are signing up for. This might include consumers:

• with an intellectual or learning disability
• from culturally and linguistically diverse backgrounds
• with low literacy skills
• with otherwise limited ability to complete the course. 

Unfair contract terms

Training providers and marketers often use standard, ‘take it or leave it’ style contracts when signing up consumers, which provides the consumer without any genuine opportunity to negotiate the contract terms.

Go to the unfair contract terms page for more information.

Penalties

Penalties may apply for contravening consumer laws.

NSW Fair Trading can also seek injunctions or court orders for refunds and damages.

Door-to-door sales, telemarketing and shopping centre sales

Some training providers and marketers approach consumers:

• door-to-door
• in public, or
• over the phone.

If a consumer signs up for a course after being approached like this, it’s called an ‘unsolicited consumer agreement.’