Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 166.15

Application of section

  (1)   This section applies if a higher education provider * defaults in relation to a student.

Notifying the Higher Education Tuition Protection Director of default

  (2)   The higher education provider must, within 24 hours of the * default occurring, give written notice to the * Higher Education Tuition Protection Director of the circumstances of the default.

Notifying the Higher Education Tuition Protection Director of details of default

  (3)   The higher education provider must, within 3 business days of the * default occurring, give a written notice to the * Higher Education Tuition Protection Director specifying:

  (a)   the following information in relation to each student in relation to whom the provider has defaulted:

  (i)   the student's full name and contact details;

  (ii)   the units of study and the * course of study that the student was enrolled in at the time of the default;

  (iii)   the amount of the tuition fees for each unit of study that the student was enrolled in at the time of the default;

  (iv)   details about the payment of those tuition fees; and

  (aa)   advice as to:

  (i)   whether the provider intends to discharge its obligations to the student under section   166 - 25; and

  (ii)   (if appropriate) how the provider intends to discharge those obligations; and

  (b)   any other matter prescribed by the Higher Education Provider Guidelines.

  (4)   If requested in writing by the * Higher Education Tuition Protection Director, the higher education provider must give to the Director a copy of a student's record of results for the * units of study that the student has completed.

Notice requirements

  (5)   A notice given under subsection   (2) or (3) must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty

  (6)   A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty:   60 penalty units.

Offence

  (7)   A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty:   60 penalty units.