Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-1A - TUITION PROTECTION  

Division 2 - Obligations when a provider defaults in relation to a student  

SECTION 166-25   Obligation on providers in case of default  

Application of section

166-25(1)    
This section applies if a higher education provider *defaults in relation to a student.

Provider obligations

166-25(2)    
The provider must discharge its obligations to the student in accordance with this section, within the period (the provider obligation period ) of 14 days after the day the provider *defaulted in relation to the student.

166-25(3)    
The provider discharges its obligations to the student if:

(a)    the provider arranges for the student to be offered a place in a suitable *replacement unit or suitable *replacement course and the student accepts the offer in writing; or

(b)    the provider:

(i) re-credits the student ' s *HELP balance in accordance with subsection 97-42(1) or 104-42(1) (as the case requires); and

(ii) pays an amount to the Commonwealth in accordance with subsection 36-24A(2) or 110-5(1) (as the case requires).

Suitable replacement units or suitable replacement courses

166-25(4)    
The provider must identify whether:

(a)    there are one or more suitable *replacement units or suitable *replacement courses for the student; or

(b)    there is no suitable replacement unit or suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course

166-25(5)    
In identifying whether there is a suitable *replacement course, the provider 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 Higher Education Provider Guidelines.

Matters relating to whether a unit is a suitable replacement unit

166-25(6)    
In identifying whether there is a suitable *replacement unit, the provider must have regard to the following matters:

(a)    whether the student will receive credit under the student ' s *original course for the replacement unit;

(b)    whether the mode of delivery of the replacement unit is the same as the mode of delivery of the *affected unit;

(c)    the location where the replacement unit will be primarily delivered;

(d)    whether the student:

(i) will incur additional fees that are unreasonable; and

(ii) will be able to attend the replacement unit without unreasonable impacts on the student ' s prior commitments;

(e)    any other matters prescribed by the Higher Education Provider Guidelines.

Suitable replacement unit or suitable replacement course available

166-25(7)    
If paragraph (4)(a) applies, the provider 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 unit or suitable *replacement course;

(ii) enrol in another unit of study or course;

(iii) elect to have an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the student received for the *affected unit re-credited to the student ' s *HELP balance;

(b)    a description of each suitable replacement unit or suitable replacement course, including the qualification that the suitable replacement course leads to;

(c)    the contact details of the provider of each suitable replacement unit or suitable replacement course;

(d)    an explanation that, if *tuition fees or the student ' s *student contribution amount have been paid for the affected unit of the *original course, tuition fees or the student contribution amount would not be payable for a suitable replacement unit or a replacement unit of a suitable replacement course;

(e)    an explanation that if the student chooses to enrol in another unit of study or course, there is no obligation on the provider of the other unit or course to offer a replacement unit without charge to the student;

(f)    an explanation of the matters the provider must have regard to under subsections (5) and (6);

(g)    any other matters prescribed by the Higher Education Provider Guidelines.

Elections for up-front payments must be consistent

166-25(8)    
Despite paragraph (7)(a), if an *up-front payment was made 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 62F(7)(a) of the *TEQSA Act 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 (7)(a)(i), to enrol in a suitable replacement course. The student must elect to enrol in a suitable replacement course under subparagraph 62F(7)(a)(i) of the TEQSA Act in relation to the affected unit.

166-25(9)    
The Higher Education Provider Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (8).