Australian Consumer Law

Pearsons School of Floristry (aka PSF) maintains compliance with the national Competition and Consumer Act 2010 (Cth) and associated Australian Consumer Law (ACL) requirements as specified in the Act and enacted in the Fair Trading Act 1987 & Fair Trading Regulations 2012 (NSW). The ACL protects clients and ensures fair trading in Australia. Under the ACL, clients have the same protections, and businesses have the same obligations and responsibilities, across Australia.

Pearsons School of Floristry has implemented this Consumer Protection Policy and aligned Consumer Protection Strategy to protect the needs and interests of all clients. These arrangements are in line with the NSW Consumer Protection Strategy:

www.training.nsw.gov.au/forms_documents/smartandskilled/contract/consumer_protection_strategy.pdf

A designated Consumer Protection Officer has also been implemented:

Pearsons School of Floristry Consumer Protection Officer:

Barbara Pollak, Director
02 9550 7755
barbarap@pearsonsflorist.com.au

Guarantee

As a course services provider, Pearsons School of Floristry supplies services and guarantees that these services will be:

  • Provided with due care and skill;
  • Fit for the specified purpose; and
  • Provided within a reasonable time.

Pearsons School of Floristry ensures it uses an acceptable level of skill or technical knowledge and takes all necessary care to avoid loss or damage when providing course services.

Pearsons School of Floristry does not provide any guarantee that:

  • A student will successfully complete a training product on its scope of registration; or
  • A training product can be completed in a manner which does not meet the requirements of the Standards for RTOs 2015; or
  • A student will obtain a particular employment outcome where this is outside the control of Pearsons School of Floristry.

Testimonials and other references

Where Pearsons School of Floristry makes reference to another person or organisation (such as testimonials or photos) in marketing or advertising material, it has gained consent from the person or organisation for the use of that reference. This includes references via text, statements, logos and photos. Pearsons School of Floristry ensures all testimonials are true and correct before using them to endorse products.

All Pearsons School of Floristry students provide consent to the use of photos and other images that are taken at learning activities and events, through the relevant release clause in the Pearsons School of Floristry Enrolment Form. Usage, in these instances, is generally one off, group images for general operational and promotional purposes.

Students are able to ‘opt out’ of this release if they wish, with all ‘opt-outs’ recorded in the: Marketing/Advertising “opt out” register and in the Student Management System.

Various Pearsons School of Floristry contractual arrangements with government stakeholders, enterprise clients and other third parties may routinely include consent for the use of information and images in marketing collateral, including the use of organisational logos and other trademarks.

For more specific advertising and marketing purposes, client consent is obtained and recorded using the Marketing Consent Form

Consumer Protection Strategy

Pearsons School of Floristry Obligations

PSF ensures it:

  • Provides the training and support necessary to allow students to achieve competency;
  • Provides a quality training and assessment experience for all students;
  • Provides a clear and accessible feedback and consumer protection system, including a designated and identified consumer protection officer;
  • Maintains procedures for protecting consumers' personal information – please refer to the Privacy section of this manual for further information;
  • Has established, documented and accessible consumer feedback and complaints handling policies and procedures; and
  • Provides clients with details of these pathways for resolving or escalating complaints.

Client Rights and Responsibilities

Student Rights

Pearsons School of Floristry will ensure that all enrolled students will:

  • receive quality training and assessment that meets the NVR Standards for RTO’s 2015
  • receive the training and support necessary to enable competency to be achieved
  • Issue AQF Certificates and Statements of Attainment on successful completion of the training course
  • have access to our consumer protection system, including an identified Consumer Protection Officer and our Complaints and Appeals Process
  • receive a refund for services not provided in the event of the training program being terminated early or if the agreed services are not provided either by ourselves or by a third party delivering on our behalf
  • have their personal information protected in accordance with the National Privacy Principles and have access to that information on request
  • be fully informed of fees and charges to complete the training course, including charges for equipment
  • be provided with sufficient information regarding the requirements of the training and assessment  to enable them to make an informed decision regarding enrolment in the training product
  • be provided with information regarding the implications of government training entitlements and subsidy arrangements in relation to the delivery of the service and enrolment in other training
  • provide a safe training environment free from harassment and discrimination

Student Responsibilities

All students must ensure that they:

  • provide true and accurate information
  • behave in an ethical and responsible manner at all times when engaged in training and assessment activities
  • meet their Workplace Health and Safety (WHS) duty of care responsibilities by immediately reporting any WHS concerns or incidents and follow any WHS related instructions.
  • do not behave in any way the might intimidate, threaten, harass or embarrass other students or staff
  • are free from drugs and alcohol at all times while in the training environment
  • are punctual and attend all scheduled training and assessment sessions
  • complete online assessments as scheduled
  • meet assessment deadlines
  • do not cause damage to equipment or facilities
  • provide an USI or give permission to obtain one on their behalf

NSW Smart & Skilled

PSF includes the Smart and Skilled website details and 1300 number on all NSW relevant public information, enrolment forms and client induction material, so that all students are aware of their rights and options for making a complaint or providing feedback about their training.

www.smartandskilled.nsw.gov.au
Phone: 1300 77 21 04

Publicly Available

All PSF consumer protection information and approaches is made available to all clients by being publicly published on the PSF website and included within the relevant handbook for each stakeholder group.

Unsolicited Consumer Agreements

Pearsons School of Floristry does not undertake unsolicited marketing or promotions; this includes unsolicited telemarketing, promotions at places other than our premises and unsolicited emails.

Fee Information

PSF’s Fee Information is transparent – expressed in plain language, legible and clear - and clearly states:

  • The full terms of the agreement;
  • The total fees payable, including fees for all additional items;
  • PSFs
    • Business address (not a post box number);
    • Australian Business Number (ABN) or Australian Company Number (ACN); and
    • Fax number and email.

Consumer Protection Complaints

If an individual feels that PSF has breached its obligations in the undertaking of marketing and sales activities, they may raise a complaint. We encourage individuals to discuss the situation with their PSF representative in the first instance, before making a complaint.

The complaints handling process is documented in the Complaints and Appeals Policy.