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 166-15   Higher education providers must give notice of default to Higher Education Tuition Protection Director  

Application of section

166-15(1)    
This section applies if a higher education provider *defaults in relation to a student.

Notifying the Higher Education Tuition Protection Director of default

166-15(2)    

The higher education provider must, within 24 hours of the *default occurring, give written notice to the *Higher Education Tuition Protection Director of the circumstances of the default.

Notifying the Higher Education Tuition Protection Director of details of default

166-15(3)    

The higher education provider must, within 3 business days of the *default occurring, give a written notice to the *Higher Education Tuition Protection Director specifying:

(a)    the following information in relation to each student in relation to whom the provider has defaulted:

(i) the student ' s full name and contact details;

(ii) the units of study and the *course of study that the student was enrolled in at the time of the default;

(iii) the amount of the tuition fees for each unit of study that the student was enrolled in at the time of the default;

(iv) details about the payment of those tuition fees; and

(aa)    

advice as to:

(i) whether the provider intends to discharge its obligations to the student under section 166-25 ; and

(ii) (if appropriate) how the provider intends to discharge those obligations; and

(b)    any other matter prescribed by the Higher Education Provider Guidelines.

166-15(4)    

If requested in writing by the *Higher Education Tuition Protection Director, the higher education provider must give to the Director a copy of a student ' s record of results for the *units of study that the student has completed.

Notice requirements

166-15(5)    
A notice given under subsection (2) or (3) must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty

166-15(6)    
A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

Offence

166-15(7)    
A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.