Commonwealth Consolidated Acts

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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 - SECT 62D

Providers must give notice of default to Higher Education Tuition Protection Director

Application of section

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

Notifying the Higher Education Tuition Protection Director of default

  (2)   The 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 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:

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

  (ii)   the units of study and the Australian 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

  (b)   advice as to:

  (i)   whether the provider intends to discharge its obligations to the student under section   62F; and

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

  (c)   any other matter prescribed by the Up - front Payments Guidelines.

  (4)   If requested in writing by the Higher Education Tuition Protection Director, the provider must give to the Director a copy of a student's record of results for any 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 Up - front Payments Guidelines.

Civil penalty

  (6)   A registered higher education provider is liable to a civil penalty if the provider contravenes this section.

Civil penalty:   60 penalty units.

Offence

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

Penalty:   60 penalty units.



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