Education Legislation Amendment (Up-front Payments Tuition Protection) Act 2020 (101 of 2020)
Schedule 1 Amendment of the Tertiary Education Quality and Standards Agency Act 2011
Tertiary Education Quality and Standards Agency Act 2011
20 At the end of Division 1 of Part 10
Add:
Subdivision B - Review of tuition protection decisions
187A Reviewable decisions relating to tuition protection
The table sets out:
(a) the reviewable decisions in relation to tuition protection; and
(b) the decision-maker for each of those decisions.
|
Reviewable decisions |
|||
|---|---|---|---|
|
Item |
Decision |
Provision under which decision is made |
Decision-maker |
|
1 |
A decision that Part 5A applies to a registered higher education provider |
Paragraph 62B(2)(a) |
The Minister |
|
2 |
A decision that Part 5A does not apply to a registered higher education provider |
Paragraph 62B(2)(b) |
The Minister |
|
3 |
A decision that the Higher Education Tuition Protection Director is satisfied that there are one or more suitable replacement courses for a student |
Paragraph 62J(2)(a) |
The Higher Education Tuition Protection Director |
|
4 |
A decision that the Higher Education Tuition Protection Director is not satisfied that there is a suitable replacement course for a student |
Paragraph 62J(2)(b) |
The Higher Education Tuition Protection Director |
187B Reviewer of decisions
(1) The reviewer of a reviewable decision relating to tuition protection is the decision-maker unless subsection (2) applies.
(2) If:
(a) a reviewable decision relating to tuition protection was made by a delegate of a decision-maker; and
(b) the decision is to be reconsidered by a delegate of the decision-maker;
then the delegate who reconsiders the decision must be a person who:
(c) was not involved in making the decision; and
(d) occupies a position that is senior to that occupied by any person involved in making the decision.
187C Reviewer may reconsider reviewable decisions
(1) The reviewer of a reviewable decision relating to tuition protection may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.
(2) The reviewer may reconsider the decision even if:
(a) an application for reconsideration of the decision has been made under section 187D; or
(b) the decision has been confirmed, varied or set aside under section 187D and an application has been made under section 187E for review of the decision.
(3) After reconsidering the decision, the decision-maker must:
(a) confirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(4) The reviewer's decision (the decision on review ) to confirm, vary or set aside the decision takes effect:
(a) on the day specified in the decision on review; or
(b) if a day is not specified - on the day on which the decision on review was made.
(5) The reviewer must give written notice of the decision on review to the person to whom that decision relates.
(6) The notice:
(a) must be given within a reasonable period after the decision on review is made; and
(b) must contain a statement of the reasons for the reviewer's decision on review.
Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person's review rights.
187D Reconsideration of reviewable decisions on request
(1) A person whose interests are affected by a reviewable decision relating to tuition protection may request the reviewer to reconsider the decision.
(2) The person's request must be made by written notice given to the reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.
(3) The notice must set out the reasons for making the request.
(4) After receiving the request, the reviewer must reconsider the decision and:
(a) confirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(5) Despite subsection (4), the reviewer is not required to reconsider the decision if:
(a) the decision was made under paragraph 62J(2)(b); and
(b) the person gave notice in writing, under paragraph 62J(8)(c), that the person would not seek reconsideration of the decision.
(6) The reviewer's decision (the decision on review ) to confirm, vary or set aside the decision takes effect:
(a) on the day specified in the decision on review; or
(b) if a day is not specified - on the day on which the decision on review was made.
(7) The reviewer must give the person written notice of the decision on review.
(8) The notice:
(a) must be given within a reasonable period after the decision on review is made; and
(b) must contain a statement of the reasons for the reviewer's decision on review.
(9) The reviewer is taken to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person's request.
Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person's review rights.
187E AAT review of reviewable decisions
(1) An application may be made to the Administrative Appeals Tribunal for the review of a reviewable decision relating to tuition protection that has been confirmed, varied or set aside under section 187C or 187D.
(2) Despite subsection (1), an application cannot be made for the review of a decision made under paragraph 62J(2)(a) or (b) (about suitable replacement courses).