Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-1A - TUITION PROTECTION  

Division 1 - Preliminary  

SECTION 166-10   When a higher education provider defaults in relation to a student  

166-10(1)    
A higher education provider defaults in relation to a student if:

(a)    the provider fails to start to provide a unit of study to the student on the day on which the unit was scheduled to start; and

(b)    the student has not withdrawn before that day; and

(c)    the student was entitled, or would have been entitled, to *FEE-HELP assistance or *HECS-HELP assistance for the unit of study.

Note:

If the student has made any up-front payments in relation to the unit of study or any other affected units of the original course the provider may also have defaulted in relation to the student under the TEQSA Act: see section 62C of that Act.

166-10(2)    
A higher education provider defaults in relation to a student if:

(a)    the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and

(b)    the student has not withdrawn before that day; and

(c)    the student was entitled, or would have been entitled, to *FEE-HELP assistance or *HECS-HELP assistance for the unit of study.

166-10(3)    
A higher education provider defaults in relation to a student if circumstances prescribed by the Higher Education Provider Guidelines apply in relation to the provider and the student.