Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication of section
(1) This section applies if the Higher Education Tuition Protection Director determines that:
(a) a registered higher education provider has defaulted in relation to a domestic student; and
(b) either:
(i) the provider has failed to discharge its obligations under section 62F to the student by the end of the provider obligation period; or
(ii) the provider is unlikely to be able to discharge its obligations under section 62F to the student by the end of the provider obligation period.
Higher Education Tuition Protection Director must decide
(2) The Higher Education Tuition Protection Director must decide:
(a) that the Director is satisfied that there are one or more suitable replacement courses for the student; or
(b) that the Director is not satisfied that there is a suitable replacement course for the student.
Matters relating to whether a course is a suitable replacement course
(3) In deciding whether the Higher Education Tuition Protection Director is satisfied that there is a suitable replacement course, the Director 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.
Suitable replacement course available
(4) If paragraph (2)(a) applies, the Higher Education Tuition Protection Director 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 course;
(ii) enrol in another course;
(iii) elect to have an amount equal to the amount the provider was liable to pay the student under subsection 62F(8) paid to the student;
(b) a description of each suitable replacement course, including the qualification that the replacement course leads to;
(c) the contact details of the provider of each 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 replacement unit of a suitable replacement course;
(e) an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the other course to offer a replacement unit without charge to the student;
(f) an explanation of the matters the Director must have regard to under subsection (3);
(g) any other matters prescribed by the Up - front Payments Guidelines.
Accepting an offer of a suitable replacement course
(5) If the Higher Education Tuition Protection Director arranges for the student to be offered a place in a suitable replacement course, the student may accept the offer.
(6) An acceptance must:
(a) be in writing; and
(b) be given to the provider of the suitable replacement course within the period specified in subsection (7).
(7) For the purposes of subsection (6), the period is:
(a) the period of 30 days after the Higher Education Tuition Protection Director gives notice under subsection (4); or
(b) if the Director determines that exceptional circumstances apply:
(i) any shorter period determined in writing by the Director; or
(ii) any longer period (not exceeding 12 months) determined in writing by the Director, and agreed to by the student.
No suitable replacement course available
(8) If paragraph (2)(b) applies, the Higher Education Tuition Protection Director must give a written notice to the student that includes the following:
(a) an explanation of the matters the Director must have regard to under subsection (3);
(b) an explanation of the student's right to request reconsideration, under section 187D, of the Director's decision within 28 days after the day on which the student is given the notice;
(c) a statement that, to facilitate early refunds, the student may, at any time during the 28 days, give the Director notice in writing that the student will not seek reconsideration of the decision;
(d) a statement that, if the student does not apply for reconsideration, an amount equal to the amount the provider was liable to pay to the student under subsection 62F(8) will be paid to the student.
Elections for FEE - HELP or HECS - HELP must be consistent
(9) Despite paragraph (4)(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 - 26B(4)(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 - 26B(4)(a)(iii) of the Higher Education Support Act 2003 , to have an amount re - credited to the student's HELP balance. The student must elect to receive a refund of the up - front payment under subparagraph (4)(a)(iii) of this section in relation to the affected unit.
(10) The Up - front Payments Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (9).