Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 2 - VET FEE-HELP assistance  

Division 7 - Who is entitled to VET FEE-HELP assistance  

Subdivision 7-B - Re-crediting HELP balances in relation to VET FEE-HELP assistance  

SECTION 46A   Re-crediting a person ' s HELP balance in relation to VET FEE-HELP assistance - unacceptable conduct by provider or provider ' s agent  

Decision to re-credit due to unacceptable conduct

46A(1)    

The *Secretary must re-credit a person ' s *HELP balance with an amount equal to the amounts of *VET FEE-HELP assistance that the person received for a *VET unit of study if the Secretary is satisfied that:

(a) the person has been enrolled in the unit with a *VET provider; and

(b) the person has not completed the requirements for the unit during the period the person undertook, or was to undertake, the unit; and

(c) circumstances exist, of a kind specified in the *VET Guidelines for the purposes of this paragraph, involving unacceptable conduct by the VET provider (or an agent of the VET provider) relating to the person ' s *request for Commonwealth assistance relating to:

(i) the unit; or

(ii) the *VET course of study of which the unit forms a part; and

(d) the person has applied in writing to the Secretary for re-crediting of the HELP balance under this subclause; and

(e) the application is in the form approved by the Secretary, and is accompanied by such information as the Secretary requests; and

(f) either:

(i) the application was made during the first 3 years after the period during which the person undertook, or was to undertake, the unit; or

(ii) it would not be, or was not, possible for the application to be made during those 3 years.

Note:

A VET FEE-HELP debt relating to a VET unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see section 137-18 .

46A(2)    
If:

(a) the person received the *VET FEE-HELP assistance as a result of giving an *appropriate officer of the *VET provider a form; and

(b) the form would have been a *request for Commonwealth assistance relating to the unit if it had been signed by a *responsible parent of the person;

paragraph (1)(c) applies as if the form were the person ' s request for Commonwealth assistance relating to the unit.

Note:

To be a request for Commonwealth assistance, a responsible parent must sign the form if the student is under 18 years old and subclause 88(3A) applies (see paragraph 88(3)(aa) ).

Inviting submissions before making a decision

46A(3)    
Before making a decision under subclause (1), the *Secretary must give the applicant and the *VET provider a notice in writing:

(a) stating that the Secretary is considering making the decision; and

(b) describing the decision and stating the reasons why the Secretary is considering making it; and

(c) inviting the applicant and the VET provider to each make written submissions to the Secretary within 28 days on either or both of the following matters:

(i) why that decision should not be made;

(ii) if that decision would re-credit the applicant ' s *HELP balance with a particular amount - why that amount should be changed; and

(d) informing the applicant and the VET provider that, if no submissions are received within the 28 day period, the Secretary may proceed to make the decision.

46A(4)    
In deciding whether to make the decision under subclause (1), the *Secretary must consider any submissions received from the applicant, and from the *VET provider, within the 28 day period.

Notice of a decision

46A(5)    
The *Secretary must give written notice of a decision under subclause (1) to the applicant and the *VET provider. The notice must be given within 28 days after the day the decision was made.