Commentary on Sections Part 5: Learner Protection, Complaints Procedures and Learner Engagement Section 126: Learner protection plans
387.This section enables the Commission to give notice to a tertiary education provider asking it to submit a learner protection plan to the Commission on or before the date specified in the notice.
388.A learner protection plan is defined by subsection (2) as a document that sets out the provider’s arrangements to protect the interests of its students who are on courses that cease to be provided or who wish to transfer to another course.
389.Where notice has been given under this section, the requirement to have a learner protection plan in place and to give effect to it will be enforced (in the case of registered providers) through conditions of registration (see section 31), and otherwise through the terms and conditions of funding (see sections 90, 99 and 104).
390.This section also enables the Commission to approve the learner protection plan with or without modifications. It requires a tertiary education provider that wishes to amend its approved learner protection plan to send a revised plan to the Commission and allows the Commission to approve the revised learner protection plan with or without modifications.
391.The Commission is required to issue guidance on the preparation and revision of learner protection plans and is required to consult with such persons as it considers appropriate before issuing this guidance.
392.The Commission is required to monitor the effectiveness of learner protection plans and must include its conclusion in its annual report (prepared under paragraph 16 of Schedule 1).
393.Subsection (10) defines a “relevant course” and a “tertiary education provider” for the purposes of sections 126 and 127.