Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 166.25

Application of section

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

Provider obligations

  (2)   The provider must discharge its obligations to the student in accordance with this section, within the period (the provider obligation period ) of 14 days after the day the provider * defaulted in relation to the student.

  (3)   The provider discharges its obligations to the student if:

  (a)   the provider arranges for the student to be offered a place in a suitable * replacement unit or suitable * replacement course and the student accepts the offer in writing; or

  (b)   the provider:

  (i)   re - credits the student's * HELP balance in accordance with subsection   97 - 42(1) or 104 - 42(1) (as the case requires); and

  (ii)   pays an amount to the Commonwealth in accordance with subsection   36 - 24A(2) or 110 - 5(1) (as the case requires).

Suitable replacement units or suitable replacement courses

  (4)   The provider must identify whether:

  (a)   there are one or more suitable * replacement units or suitable * replacement courses for the student; or

  (b)   there is no suitable replacement unit or suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course

  (5)   In identifying whether there is a suitable * replacement course, the provider must have regard to the following matters:

  (a)   whether the replacement course leads to the same or a comparable qualification as the * original course;

  (b)   what credits the student may receive for the units of study of the original course successfully completed by the student;

  (c)   whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

  (d)   the location where the replacement course will be primarily delivered;

  (e)   whether the student:

  (i)   will incur additional fees that are unreasonable; and

  (ii)   will be able to attend the course without unreasonable impacts on the student's prior commitments;

  (f)   any other matters prescribed by the Higher Education Provider Guidelines.

Matters relating to whether a unit is a suitable replacement unit

  (6)   In identifying whether there is a suitable * replacement unit, the provider must have regard to the following matters:

  (a)   whether the student will receive credit under the student's * original course for the replacement unit;

  (b)   whether the mode of delivery of the replacement unit is the same as the mode of delivery of the * affected unit;

  (c)   the location where the replacement unit will be primarily delivered;

  (d)   whether the student:

  (i)   will incur additional fees that are unreasonable; and

  (ii)   will be able to attend the replacement unit without unreasonable impacts on the student's prior commitments;

  (e)   any other matters prescribed by the Higher Education Provider Guidelines.

Suitable replacement unit or suitable replacement course available

  (7)   If paragraph   (4)(a) applies, the provider must give a written notice to the student that includes the following:

  (a)   a statement that the student may decide to do one of the following:

  (i)   enrol in a suitable * replacement unit or suitable * replacement course;

  (ii)   enrol in another unit of study or course;

  (iii)   elect to have an amount equal to the amounts of * FEE - HELP assistance or * HECS - HELP assistance that the student received for the * affected unit re - credited to the student's * HELP balance;

  (b)   a description of each suitable replacement unit or suitable replacement course, including the qualification that the suitable replacement course leads to;

  (c)   the contact details of the provider of each suitable replacement unit or suitable replacement course;

  (d)   an explanation that, if * tuition fees or the student's * student contribution amount have been paid for the affected unit of the * original course, tuition fees or the student contribution amount would not be payable for a suitable replacement unit or a replacement unit of a suitable replacement course;

  (e)   an explanation that if the student chooses to enrol in another unit of study or course, there is no obligation on the provider of the other unit or course to offer a replacement unit without charge to the student;

  (f)   an explanation of the matters the provider must have regard to under subsections   (5) and (6);

  (g)   any other matters prescribed by the Higher Education Provider Guidelines.

Elections for up - front payments must be consistent

  (8)   Despite paragraph   (7)(a), if an * up - front payment was made for any * affected units of the * original course, any elections made under that paragraph in relation to those units must be consistent with any elections made under paragraph   62F(7)(a) of the * TEQSA Act in relation to those units.

Example:   A student who is entitled to FEE - HELP assistance or HECS - HELP assistance for an affected unit of an original course also makes an up - front payment for the same affected unit. The student elects, under subparagraph   (7)(a)(i), to enrol in a suitable replacement course. The student must elect to enrol in a suitable replacement course under subparagraph   62F(7)(a)(i) of the TEQSA Act in relation to the affected unit.

  (9)   The Higher Education Provider Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection   (8).