Chapter 5
-
Administration
PART 5-1A
-
TUITION PROTECTION
History
Pt 5-1A inserted by No 111 of 2019, s 3 and Sch 2 item 16, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
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 2 item 16, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
SECTION 166-35
Notification obligations where there is no replacement course or student elects re-crediting
166-35(1)
This section applies if:
(a)
a higher education provider *defaults in relation to a student; and
(b)
either of the following apply:
(i)
the Director decides, under paragraph
166-26B(2)(b)
, that the Director is not satisfied that there is a suitable *replacement course for the person;
(ii)
the person elects, under subparagraph
166-26B(4)(a)(iii)
, to have an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the person received for the unit re-credited to the student
'
s *HELP balance.
History
S 166-35(1) amended by No 101 of 2020, s 3 and Sch 2 item 96, by substituting para (b), applicable in relation to provider defaults that occur on or after 1 January 2021. Para (b) formerly read:
(b)
either:
(i)
the *HELP Tuition Protection Director decides, under paragraph
166-25(1)(b)
, that the Director is not satisfied that there is a suitable *replacement course for the student; or
(ii)
the student elects, under subparagraph
166-25(3)(a)(iii)
, 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.
166-35(2)
The *Higher Education Tuition Protection Director must give a written notice to the *Secretary of that fact.
History
S 166-35(2) amended by No 101 of 2020, s 3 and Sch 2 item 10, by substituting
"
*Higher Education Tuition Protection Director
"
for
"
*HELP Tuition Protection Director
"
, effective 1 January 2021.
166-35(3)
The *Higher Education Tuition Protection Director must give a written notice to the provider stating that an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the student received for the *affected unit will be *re-credited to the student
'
s *HELP balance.
History
S 166-35(3) amended by No 101 of 2020, s 3 and Sch 2 item 10, by substituting
"
*Higher Education Tuition Protection Director
"
for
"
*HELP Tuition Protection Director
"
, effective 1 January 2021.
History
S 166-35 inserted by No 111 of 2019, s 3 and Sch 2 item 16, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.