Commonwealth Consolidated Acts Commonwealth Consolidated ActsVSL Tuition Protection Director must decide
(1) If an approved course provider defaults in relation to a student, the VSL 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
(2) In deciding whether the VSL Tuition Protection Director is satisfied that there is a suitable replacement course for a student, 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) whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;
(c) the location where the replacement course for a student will be primarily delivered;
(d) whether a student who enrols in the replacement course:
(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;
(e) any other matters prescribed by the rules.
Suitable replacement course available
(3) If paragraph (1)(a) applies, the VSL Tuition Protection Director must give a written notice to the student that includes the following:
(a) a description of each suitable replacement course, including the qualification that the course leads to;
(b) the contact details of the provider of each suitable replacement course;
(c) an explanation that, if tuition fees have been paid for the affected part of the original course, tuition fees would not be payable for the replacement component of the replacement course;
(d) 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 component without charge to the student;
(e) an explanation of the matters the Director must have regard to under subsection (2);
(f) an explanation of the student's right to request reconsideration, under section 76, of the Director's decision within 28 days after the day on which the student is given the notice (or such longer period as the Director allows);
(g) an explanation that if, upon reconsideration, it is determined that there is no suitable replacement course for the student, an amount equal to the student's loan amount that has been used to pay tuition fees for the student for the affected part will be re - credited to the student's HELP balance;
(h) any other matters prescribed by the rules.
No suitable replacement course available
(4) If paragraph (1)(b) applies, the VSL 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 (2);
(b) an explanation of the student's right to request reconsideration, under section 76, of the Director's decision within 28 days after the day on which the student is given the notice (or such longer period as the Director allows);
(c) a statement that, to facilitate early re - crediting, the student may, at any time during the 28 days, give the VSL Tuition Protection Director notice in writing that the student will not seek reconsideration of the decision;
(d) a statement that, if the decision is not reconsidered or is confirmed, an amount equal to the student's loan amount that has been used to pay tuition fees for the student for the affected part will be re - credited to the student's HELP balance.