PART 5A
-
TUITION PROTECTION
History
Pt 5A inserted by No 111 of 2019, s 3 and Sch 1 item 20, effective 1 January 2020. No 111 of 2019, s 3 and Sch 1 item 42 contain the following application and transitional provisions:
42 Application and transitional provisions
(1)
The amendments of section
25
of the
VET Student Loans Act 2016
made by this Part apply in relation to applications for approval made:
(a)
after the commencement of this Part; or
(b)
before the commencement of this Part, if the application had not been decided before that commencement.
(2)
If, before the commencement of this Part, a course was not delivered to completion by a provider, then the
VET Student Loans Act 2016
and any instruments in force under the Act immediately before that commencement continue to apply, after that commencement, in relation to the provider as if the amendments and repeals made by this Part had not happened.
(3)
The amendments of sections
46
and
48
of the
VET Student Loans Act 2016
made by this Part apply in relation to an approved course provider after the commencement of this Part, regardless of when the provider was approved.
(4)
Section
49A
, subparagraph
52(2)(b)(x)
and Part
5A
of the
VET Student Loans Act 2016
, as inserted by this Part, apply in relation to an approved course provider after the commencement of this Part, regardless of when the provider was approved.
Division 2
-
Obligations when a provider defaults in relation to a student
History
Div 2 inserted by No 111 of 2019, s 3 and Sch 1 item 20, effective 1 January 2020. For application and transitional provisions, see note under Part
5A
heading.
SECTION 66G
OBLIGATIONS OF REPLACEMENT PROVIDER
Application of section
66G(1)
This section applies if a student accepts an offer of a place in a replacement course.
Notice of acceptance
66G(2)
The approved course provider who provides the replacement course must give written notice of the acceptance to the VSL Tuition Protection Director within 14 days of the acceptance.
Course credits must be granted etc.
66G(3)
The approved course provider who provides the replacement course must ensure that the student:
(a)
is granted course credits for parts of the original course successfully completed by the student, as evidenced by:
(i)
a statement of attainment or other Australian Qualifications Framework certification documentation issued in accordance with the Australian Qualifications Framework; or
(ii)
an authenticated VET transcript prepared by the Registrar (within the meaning of the
Student Identifiers Act 2014
); and
(b)
if tuition fees have been paid for the affected part of the original course
-
is not charged tuition fees for the replacement component of the replacement course; and
(c)
is enrolled in the replacement course as soon as practicable.
Civil penalty
66G(4)
An approved course provider contravenes this subsection if the provider fails to comply with this section.
Civil penalty: 60 penalty units.
Offence
66G(5)
An approved course provider commits an offence of strict liability if the provider contravenes this section.
Penalty: 60 penalty units.
History
S 66G inserted by No 111 of 2019, s 3 and Sch 1 item 20, effective 1 January 2020. For application and transitional provisions, see note under Part
5A
heading.