Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication of section
(1) This section applies if a registered higher education provider defaults in relation to a domestic 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 provides a refund in accordance with subsection (8).
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 Up - front Payments 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 Up - front Payments 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 receive a refund in accordance with subsection (8);
(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 have been paid for the affected unit of the original course, tuition fees would not be payable for a suitable replacement unit or the 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 Up - front Payments Guidelines.
No suitable replacement unit or suitable replacement course or student elects refund
(8) If:
(a) paragraph (4)(b) applies; or
(b) the student elects to receive a refund as referred to in subparagraph (7)(a)(iii);
the provider must pay the student a refund of the amount equal to the sum of any up - front payments made for the affected unit.
(9) The provider must provide the refund under subsection (8) in accordance with any requirements prescribed by the Up - front Payments Guidelines.
Elections for FEE - HELP or HECS - HELP must be consistent
(10) Despite paragraph (7)(a), if the student was entitled to FEE - HELP assistance or HECS - HELP assistance 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 166 - 25(7)(a) of the Higher Education Support Act 2003 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 166 - 25(7)(a)(i) of the Higher Education Support Act 2003 , to enrol in a suitable replacement course. The student must elect to enrol in a suitable replacement course under subparagraph (7)(a)(i) of this section in relation to the affected unit.
(11) The Up - front Payments Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (10).