Rights and responsibilities

Any personal information you provide to TAFE NSW is protected under the Privacy and Personal Information Protection Act 1998 and the Privacy and Personal Information Protection Regulation 2005.

Any health information you provide is protected under the Health Records and Information Privacy Act 2002.

The information we ask you to provide will only be used for your course enrolment, learning and study records. Information provided will be held securely and disposed of securely, when no longer needed.

During your enrolment, you’ll be asked to acknowledge your acceptance and understanding of the Student Privacy Policy, Smart and Skilled consent. You will also need to accept the consent allowing us to access information held by the Australian Government Services Australia (Centrelink).

TAFE NSW provides you with the opportunity to study, learn and develop skills in a safe and supportive environment.

When you sign your enrolment form or enrol online, you agree to follow TAFE NSW policies and procedures. It’s also a declaration that all the information you’ve provided is true, complete and correct.

TAFE NSW policies and procedures are available on the TAFE NSW website, in TAFE NSW libraries and at your campus. When you commence your studies, you’ll be provided with information and procedures relating to exams, course assessments and results.

You may be penalised if you disrupt your class or harass students, teachers or any TAFE NSW staff member. You may also be penalised if you damage property, cheat in exams or act in ways not accepted by TAFE NSW.

You can appeal against certain penalties. Your penalty might then be reduced, removed or increased. To learn more, please refer to the ‘Penalties for breaches of student conduct’ section on this page.

As a student, you have the right to:

• be treated fairly and with respect by teachers, other staff and students
• learn in an environment, free of discrimination and harassment
• participate in and pursue your educational goals in a supportive and stimulating learning environment
• have access to counselling
• have your TAFE NSW records and personal information stored and maintained in a confidential, secure and professional manner
• receive information about your course, assessment requirements and procedures, health and safety requirements and information about support services
• receive information on your progress in the course in a timely and professional manner
• modify your learning plan in consultation with our staff, if your circumstances change
• present any Recognition of Prior Learning (RPL) and credit transfer at the commencement of, and during your studies
• a review of your results
• a review of other decisions affecting your progress, including an appeal, if charged with a breach of student conduct
• discontinue your studies, advising via the appropriate process
• lodge a complaint or suggestion for improvement, without fear of victimisation or retribution.

For international students, the Education Services for Overseas Students (ESOS) framework protects your rights.

As an international student, it is your responsibility to:

• treat all staff, students and the general public with courtesy, fairness and respect
• pay all student fees and charges associated with your enrolment by the due dates
• be punctual and regular in your attendance
• achieve satisfactory academic progress throughout your course, at a rate that will ensure you complete the course in the nominated duration time
• contribute equally to any group assessments that receive a group mark
• return or renew library books by the due date
• do all that you can to prevent the introduction of viruses to TAFE NSW computers
• wear enclosed, flat-soled, non-slip footwear, as the wearing of thongs or walking barefoot is not permitted at TAFE NSW locations for safety reasons
• use protective equipment where required and follow all workplace health and safety (WHS) instructions
• immediately report any WHS and environmental concerns to your teacher and/or TAFE NSW customer service staff
• provide true, accurate and complete information to TAFE NSW
• behave in a responsible and ethical manner.

As an international student, you must NOT:

• withhold or misinform TAFE NSW at enrolment such as any previous training qualifications which may be used to determine your eligibility for any Smart and Skilled training subsidised by the NSW Government
• plagiarise, collude or cheat in any assessment event or examination
• illegally copy software licensed to TAFE NSW
• engage in conduct that infringes copyright, including with respect to both TAFE NSW course materials and third-party copyright material
• install software onto TAFE NSW computers
• use offensive language
• smoke in any designated non-smoking areas
• litter on or around campus
• harass fellow students, staff or the general public, either face to face, over the phone, online or through any social media
• use any social media (such as Facebook, Twitter, or Instagram) mobile phones, online learning platforms, virtual classrooms or similar devices/platforms for personal reasons in class or exams
• use cameras or recording devices, including mobile phones, without the consent of the person being photographed or recorded
• damage, steal, modify, misuse, waste or pollute TAFE NSW property
• be under the influence of alcohol or illegal drugs in the learning environment
• engage in behaviour that may offend, embarrass, threaten or harm other students, staff or the general public, including SMS messaging, any form of cyberbullying or sharing of inappropriate digital content including pornographic material.

For International students, there are further responsibilities to:

• satisfy your student visa conditions
• maintain your Overseas Student Health Cover (OSHC) for the period of your stay
• meet the terms of the written agreement with TAFE NSW
• inform TAFE NSW if you change your address
• maintain satisfactory course progress
• comply with TAFE NSW’s attendance policy
• if you are under 18, maintain your approved accommodation, support and general welfare arrangements.

If you wish to have an assessment result reviewed or make an appeal against an assessment result, you must first speak to your teacher or head teacher.

Alternatively, complete the Assessment Appeal Request Form and submit it to the email address provided in the form.

For more information about assessments, read Every Student's Guide to Assessment in TAFE NSW.

Information collected by TAFE NSW during your enrolment and attendance will be used for student record administration, identification, communication, state and national reporting, program monitoring, evaluation and surveys. Your information will be held and disposed of securely when no longer needed.

Information may be disclosed when required by law and to government departments and agencies, including for example to Services Australia (Centrelink), the Department of Veterans Affairs, the NSW Department of Education, the Department of Home Affairs, Transport for NSW, the Australian Skills Quality Authority, the Tertiary Education Quality and Standards Agency, the Universities Admissions Centre, NSW Education Standards Authority and the National Centre for Vocational Education Research.

To meet the requirements of Registered Training Organisations under the Apprenticeships and Traineeships Act 2001, apprentice and trainee information is provided to employers, Australian Apprenticeship Centres and Training Services NSW (or the relevant State Training Authority).

While providing the information requested on enrolment is not required by law, it is a requirement of TAFE NSW. Your enrolment will not be accepted if it is not provided.

You may update your personal details by contacting us on 131 601 or via TAFE NSW customer service centre or by using the TAFE NSW Student Portal.

TAFE NSW is committed to protecting your privacy by following all applicable privacy laws. All personal information TAFE NSW collects in connection with your enrolment is managed in accordance with TAFE NSW Privacy Policy or on request.

TAFE NSW has a reputation as a safe, progressive and dynamic place to study. We aim to provide an environment that supports quality vocational education and training that benefits students, industries and the wider community.

As a TAFE NSW student, you have the right to:

• expect your education and training will be consistent with the Australian Skills Quality Authority (ASQA) regulations and Smart and Skilled Contract requirements
• be informed about personal information that is collected about you and the right to review and correct that information
• access to TAFE NSW feedback and complaints handling process.

As a student, you have a responsibility to treat other students with respect and fairness. You have a responsibility not to engage in conduct that impacts the freedom of any person to pursue their studies, research or work at TAFE NSW. This includes when participating in activities associated with TAFE NSW on-campus, online or on digital platforms, or in activities harmful to the management of TAFE NSW.

If another student’s behaviour is interfering with your studies or breaching the TAFE NSW Student Conduct and Discipline Policy, you should feel comfortable reporting it.

Talk to your teacher or a TAFE NSW Counsellor about this.

A breach of student conduct leading to student discipline includes, but is not limited to the following:

• assault, both physical and sexual, threatening to assault a person or incite another person to assault
• behaviour that involves a breach of the law
• engaging in any offensive conduct
• sexual behaviour that could cause offence or harm to others
• consuming alcohol in an area where it is not permitted, being under the influence of alcohol, supplying alcohol to a person under 18 years, or consuming alcohol if you are under 18 years of age
• smoking on campus, including e-cigarettes, outside of designated smoking areas or selling and supplying cigarettes to a person under 18 years on campus or during TAFE NSW activities
• removing, damaging or using any property of TAFE NSW without the authority of TAFE NSW or a member of staff
• obstructing a member of staff in the performance of the staff member’s duties
• refusing to give full and accurate information of your identity in response to a direction to do so by a member of staff
• providing false or inaccurate information or failing to produce evidence of your residency status to TAFE NSW when required
• disobeying or disregarding an instruction, order or direction of a member of staff, including an instruction, order or direction made by the staff member to ensure the health, safety or welfare of any person
• entering premises of TAFE NSW or failing to leave a part of TAFE NSW premises, contrary to a direction given by a member of staff
• committing or engaging in any dishonest or unfair act, including plagiarism in exams, assignments or other form of academic assessment
• falsifying or attempting to falsify a testamur (graduation certificate), result notice, employer report or any record relating to the results of an exam or other form of academic assessment
• providing false or inaccurate information to officers of TAFE NSW at any time
• engaging in behaviour that amounts to unlawful harassment or discrimination of another student/s or member of staff
• encouraging, aiding or assisting another student to commit a breach of student conduct and discipline, and to disobey or disregard a reasonable request by a member of staff when this is directly to ensure the health, safety or welfare of any person
• making inappropriate videos, images or sound recordings (including those made without the permission of the person photographed or recorded) and/or sharing or posting them on websites, whether or not TAFE NSW equipment was used
• preparing, writing, distributing and/or having possession of material adversely targeting individuals or particular groups
• generating graffiti on TAFE NSW property and adversely targeting individuals or particular groups
• aggressive, abusive, threatening, bullying, harassing or intimidating behaviour or language directed to staff, students or others, including in any digital or virtual classroom
• using electronic means of communication or telecommunications, to target, harass or bully individuals or particular groups
• misusing a TAFEcard
• failing to pay any mandatory fee, charge or penalty owing to TAFE NSW
• failing to return any borrowed TAFE NSW equipment or resources, within the specified period of time
• failing to advise a TAFE NSW Counsellor, Head Teacher, designated officer or delegate of any history of violent behaviour before attending your first class
• unauthorised use or misuse of TAFE NSW computers or computer systems, including accessing or downloading offensive materials or misuse of the TAFE NSW student user logins
• dangerous driving on or near TAFE NSW premises
• failing to comply with a provision of the Student Conduct and Discipline Policy or with an order or direction given under such a provision
• failing to comply with an order made on a minor breach of discipline.

The designated officer dealing with an alleged breach of discipline will assess the situation. This includes holding discussions with the student, staff and others involved with, or witness to, the possible breach.

The designated officer will inform the student of the process, including their right of appeal, the timeframe for action and completion of the process.

The student may make submissions about the alleged breach of student conduct or discipline matter and lodge an appeal against the penalty.

A TAFE NSW staff member can direct you to leave the premises and/or restrict your access to learning materials for a period of up to 24 hours.

Where a designated officer is satisfied that a student has committed a breach of conduct, any of the following penalties may apply:

• a reprimand
• the payment of a fine not exceeding $200, within a specified time
• the payment of compensation for damage or loss of property
• having conditions placed on the use of specified facilities or equipment
• exclusion from either part of or the whole location for a duration specified at the time of exclusion
• exclusion of online access to any resource of TAFE NSW for a duration specified at the time of exclusion
• exclusion from one or more examinations
• ceasing the ability to borrow library resources or use any services from any or all of the libraries operated by TAFE NSW until items have been returned and fines have been paid
• a delay in the issuing of testamurs (graduation certificates), result notices or employer reports, until the student has complied with the order
• exclusion from any, or all, TAFE NSW establishments (including online digital platforms).

All are breaches of the TAFE NSW Student Conduct and Discipline Policy and are not permitted. Detection of any of the following activities will be acted on:

• being under the influence of an illicit drug on campus
• using, possessing or supplying a prohibited or illicit drug or substance (this is also against the law)
• using a phone or computer to communicate about the supply of a prohibited drug (this is also against the law).

By enrolling in any course or program with TAFE NSW I acknowledge and agree to the following:

• All information provided with this enrolment is true, accurate, complete and not misleading in any way. I will provide evidence when requested to support my declarations. I will promptly inform TAFE NSW of any changes. If any of that information is incorrect, incomplete, false or misleading, including not disclosing a history of violent behaviour, TAFE NSW may cancel this enrolment.

• I have read the section titled ‘Management of Risk of Harm to Students and Staff’. I also acknowledge that it is a condition of my enrolment to advise a TAFE Counsellor or my Head Teacher if I have a history of violent behaviour.

• I have been informed of, accessed or been provided with sufficient information to understand all the requirements and applicable terms and conditions of my enrolment, including student rights and responsibilities, the fees associated with my course and the refund policy.

• I agree to pay all the student fees associated with my enrolment by the due date(s), otherwise, TAFE NSW may suspend or cancel this enrolment. They may also refer the outstanding debt to a debt collection agency and will withhold my award/results for any completed course until all outstanding amounts are paid.

• I am liable for all outstanding amounts, whether another person (e.g. my employer, sponsor, parent or guardian or any other organisation or entity) has agreed to pay them on my behalf.

• I have been made aware of any third-party arrangements related to this enrolment.

• I do not have a concurrent enrolment into the same qualification and/or the same units of competency for the same or other qualifications.

• I understand that to support a Credit Transfer application, I provide consent for TAFE NSW to request verification of my Academic Record with the issuing provider to ensure the achievement of competency and currency of the training.

• I understand that TAFE NSW will verify the authenticity of a TAFE NSW-issued Academic Record when requested by another provider following the Standards for Registered Training Organisations (RTOs).

• I will comply with all applicable TAFE NSW policies, procedures, rules and lawful instructions relating to my enrolment, including student conduct and disciplinary policy.

• I consent and authorise TAFE NSW and Services Australia (Centrelink) to release information on the status of my Centrelink Entitlement. This is solely to confirm and validate my eligibility for fee exemption or fee concession on enrolment into NSW Government-subsidised training and/or identified TAFE NSW courses.

• I understand and agree that under the National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020, TAFE NSW is required to collect personal information (information or an opinion about me), collected from me (or my parent or guardian) such as my name, Unique Student Identifier (USI), date of birth, contact details, training outcomes and performance or sensitive personal information (including my ethnicity or health information) and other enrolment and training activity-related information (together ‘Personal Information’) and disclose that Personal Information to the National Centre for Vocational education Research Ltd (NCVER).

• My personal information (including the personal information contained on my enrolment form and my training activity data) may be used or disclosed by TAFE NSW for statistical, regulatory and research purposes. TAFE NSW may disclose my personal information for these purposes including:

• School: If I am a secondary student undertaking VET, including school-based apprenticeship or traineeship.

• Employer: If I am an apprentice/trainee.

• Commonwealth and State or Territory government departments and authorised agencies, including the Department of Education and the NCVER

• Organisations (including the Department) conducting student surveys and research.

• Personal Information disclosed to NCVER may be used or disclosed for the following purposes.

• Issuing a VET Statement of attainment or VET Qualification and populating Authenticated VET Transcripts

• Facilitating statistics and research relating to education, including surveys.

• Understanding how the VET market operates, for policy, workforce planning and consumer information.

• Administering VET, including program administration, regulation, monitoring and evaluation.

• I may receive an NCVER student survey which may be administered by an NCVER employee, agent or third-party contractor. I may opt out of the survey at any time of being contacted.

• NCVER will collect, hold, use and disclose my personal information following the Privacy Act 1988 (Commonwealth), the VET Data Policy and all NCVER policies and protocols (including those published on NCVER’s website).

• The Department may disclose my personal information to other Australian government agencies, including those located in States and Territories outside New South Wales.

• The above government agencies may use my personal information for any purpose relating to the exercise of their government functions, including but not limited to the evaluation and assessment of my training, the determination of my eligibility to receive subsidised training, or for any fee exemptions or concessions. My personal information may also be disclosed to other third parties if required by law.

• I consent to TAFE NSW collecting, storing, using and disclosing my personal information in the manner outlined above and following TAFE NSW’s Privacy Statement, including disclosing my personal information to other Government departments and agencies or as permitted by law, including the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002.

• I also acknowledge and agree that the Department may contact me by telephone, email or post, during or after I have ceased subsidised training with TAFE NSW, to evaluate and assess my subsidised training.

If under 18 years of age at the time of giving consent, then the consent of your guardian is required.

All students have the right to access their study records. TAFE NSW provides an internet service for students to view their study records at their location of study, via the Student Portal.

In the Student Portal, you may:

view your current and past study records and results

check and update your current contact details

view notifications from your college, such as notifications of your scheduled fee payments as well as a history of your fee payments

view notifications of calendar information, such as the schedules for TAFE NSW final examinations.

To log on to the Student Portal, you need the username and password issued to you when you enrolled.

Contact us on 131 601 if you are unsure.

TAFE NSW will send notifications and reminders to your email account.

TAFE NSW has the responsibility to:

• support you in learning, studying and developing skills in a safe and healthy learning environment
• safeguard the welfare of children, young people and other vulnerable people who may come into contact with our students. This may happen during workplace components of a course, visits to industry and in simulated workplace settings
• do our best to help you complete your course
• advise you of changes to fees, course delivery, timetables and locations, and of any alternative arrangements available to you
• make changes to course delivery, timetables and locations in the best interests of all our students or if the advantages of the changes outweigh any inconveniences (avoiding changes to the running of a course or its time, date, fees or location)
• ask students to sign a declaration about any history of violent or abusive behaviour or dealing with vulnerable people and offer the services of a TAFE NSW Counsellor, should a student request it when making this declaration
• maintain and be compliant with the Standards for Registered Training Organisation (RTOs) 2015, and the requirements of the Australian Skills Quality Authority (ASQA), the Higher Education Standards Framework (Threshold Standards) 2021 and the requirements of the Tertiary Education Quality and Standards Agency (TEQSA)
• be compliant with relevant Commonwealth and State legislation, regulations and contractual obligations.

TAFE NSW reserves the right to:

• withdraw and/or cancel the delivery of a course

• offer you a new/alternate course if the course has been updated in line with national industry standards

• where there is non-payment of student fees:

• prevent you from attending classes or accessing online learning materials

• withhold any academic documents for completed units or qualifications

• cancel your enrolment

• offer and run a course at a location or delivery pattern other than that advertised

• alter the fees, times or dates for the whole or any part of a course

• not guarantee that you’ll be able to complete your course at the location where you first enrolled, at the times or on the days you were first offered

• withdraw your enrolment where you are unable to demonstrate academic competency through coursework, work placement or practical work tasks

• refuse more than one attempt at a course qualification or assessment event within a Unit of Competency (UoC).

TAFE NSW is not liable for any loss, expense, or inconvenience such changes may cause.

The Government Information (Public Access) Act (GIPA Act) gives you the right to request access to documents held by most government agencies, including TAFE NSW.

Some documents may be informally available while others will require a formal application to be made.

TAFE NSW is committed to promoting the safety, welfare and well-being of children and young people (under 18 years of age). This includes students, apprentices or trainees in schools, colleges, workplaces or those doing programs conducted by TAFE NSW.

TAFE NSW employees are required by law to report children and young people suspected to be at risk of significant harm. This falls under the procedures of Keep Them Safe: A Shared Approach to Child Wellbeing, within the NSW Department of Human Services.

TAFE NSW is committed to providing a safe environment. We’re required by law to ensure the health and safety of students, staff and visitors on our premises.

To meet these legal obligations, we must assess and manage any known risk of violent behaviour.

If you have a history of violent behaviour that could pose a potential risk of any type to TAFE NSW students, staff and/or visitors, as a condition of your enrolment, you must advise your Head Teacher or TAFE NSW Counsellor before starting your first class.

Violence is not restricted to physical acts. It includes any behaviour in the last ten years that interferes with the physical or psychological safety and well-being of others, such as:

• actual violence to any person
• possession of or use of a weapon or any item with the intent to cause harm or injury to others
• threats of violence or intimidation of others
• suspension or expulsion from any school or educational institution for violent or aggressive behaviour.

TAFE NSW is committed to offering vocational education and training to the entire community.

Following your advice on any potential risks, we’ll carry out an assessment and if necessary, provide support and a management plan. Only in exceptional circumstances will a risk assessment lead to exclusion from enrolment. We aim to maximise your study success by providing an appropriate, safe environment to suit every student's needs.

If you have a history of violence and you do not disclose this information when enrolling, you are in breach of this legislation and TAFE NSW conditions of enrolment and your enrolment may be invalid.

TAFE NSW holds a Certificate of Currency issued by the NSW Treasury.

In many TAFE NSW courses, some of the learning and assessments occur in the workplace or simulated workplace environment.

Some courses and work placements may require a student to submit a National Criminal Records Check (NCRC) and a Working with Children Check (WWCC).

There are also courses and work placements that require students to have immunisation records of vaccinations. These requirements are provided on the relevant course information pages on the TAFE NSW website.

To help you understand your responsibilities in the workplace, you’ll be given a Code of Conduct which indicates expected standards of behaviour.

TAFE NSW has a responsibility to protect anyone from being harmed by students taking part in workplace or simulated workplace learning. If there is evidence that your skills or behaviour could present a risk to yourself or others, you may not be allowed to participate in a work placement.

Your teacher will explain to you and your workplace supervisor, the range of duties for which you have the skills and knowledge. You must not carry out duties other than those indicated by your teacher.

Students who have committed a breach of student conduct and discipline, or present a significant risk to themselves or others during work placement, may be prevented from undertaking or continuing further work placement.

This may mean the student will not complete the course where successful completion of work placement is required. There are TAFE NSW courses that have a compulsory work placement component.

Harassment includes any unwelcome behaviour that offends, humiliates or intimidates any other person. Harassment may be based on attributes such as race, sex, pregnancy, religion, marital status, sexual preference, disability, transgender status or age and it is against the law under the NSW Anti-Discrimination Act (1977).

Behaviour that may be acceptable in private, social or cultural settings among some groups may not be acceptable in a workplace or educational institution. Behaviour that is acceptable to one person may not be acceptable to another. The person being harassed, not the harasser, decides whether they feel that harassment has occurred.

If you feel you’re being discriminated against or harassed, ask the person to stop and remind them that discrimination and harassment are not accepted at TAFE NSW. You can also seek advice and support from a TAFE NSW Counsellor, who will help if you need to make a complaint.

The behaviour may constitute a breach of the Student Conduct and Discipline Policy or be a criminal offence and will be dealt with promptly and effectively.

Harassment can take many forms:

• material that is racist, sexist, ageist, sexually explicit, anti-gay, anti-transgender and is displayed publicly, circulated or put in someone’s workspace or belongings, on a computer, via email or on the internet, including social media platforms
• verbal abuse or comments that put down or stereotype individuals or people generally, particularly jokes based on gender, race, marital status, homosexuality, disability, or age
• offensive gestures
• ignoring, isolating or segregating a person or group
• referring to a person who is transgender, by their previous name or gender
• staring at or leering in a sexual manner or sharing explicit material
• sexual or physical contact, such as grabbing, kissing or touching
• intrusive questions about sexual activity
• unwelcome ‘wolf-whistling’ or 'catcalling'
• repeated sexual invitations when the person has previously refused a similar invitation.

Harassment does not have to be an ongoing pattern of behaviour or number of incidents. Just one act can be enough to be harassment. Someone does not have to say “no” before any type of behaviour or action can be considered harassment. If you’re unsure whether your behaviour is offending or will offend someone, then that behaviour should stop immediately.

It is also against the law for anyone to victimise another where that person has:

• complained about harassment
• supported someone who complained about harassment.