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 166-26B   Student placement service  

Application of section

166-26B(1)    
This section applies if the *Higher Education Tuition Protection Director determines that:

(a)    a higher education provider has *defaulted in relation to a student; and

(b)    either:

(i) the provider has failed to discharge its obligations under section 166-25 to the student by the end of the *provider obligation period; or

(ii) the provider is unlikely to be able to discharge its obligations under section 166-25 to the student by the end of the provider obligation period.

Higher Education Tuition Protection Director must decide

166-26B(2)    
The *Higher Education Tuition Protection Director must decide:

(a)    that the Director is satisfied that there are one or more suitable *replacement courses for the student; or

(b)    that the Director is not satisfied that there is a suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course *

166-26B(3)    
In deciding whether the *Higher Education Tuition Protection Director is satisfied that there is a suitable *replacement course, the Director 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.

Suitable replacement course available

166-26B(4)    
If paragraph (2)(a) applies, the *Higher Education Tuition Protection Director 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 course;

(ii) enrol in another 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 course, including the qualification that the suitable replacement course leads to;

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

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

(f)    an explanation of the matters the Director must have regard to under subsection (3);

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

Accepting an offer of a suitable replacement course

166-26B(5)    
If the *Higher Education Tuition Protection Director arranges for the student to be offered a place in a *replacement course, the student may accept the offer.

166-26B(6)    
An acceptance must:

(a)    be in writing; and

(b)    be given to the provider of the suitable replacement course within the period specified in subsection (7).

166-26B(7)    
For the purposes of subsection (6), the period is:

(a)    the period of 30 days after the day the *Higher Education Tuition Protection Director gives notice under subsection (4); or

(b)    if the Director determines that exceptional circumstances apply:

(i) any shorter period determined in writing by the Director; or

(ii) any longer period (not exceeding 12 months) determined in writing by the Director, and agreed to by the student.

No suitable replacement course available

166-26B(8)    
If paragraph (2)(b) applies, the *Higher Education Tuition Protection Director must give a written notice to the student that includes the following:

(a)    an explanation of the matters the Director must have regard to under subsection (3);

(b)    an explanation of the student ' s right to request reconsideration, under section 209-10 , of the Director ' s decision within 28 days after the day on which the student is given the notice;

(c)    a statement that, to facilitate early re-crediting, the student may, at any time during the 28 days, give the Director notice in writing that the student will not seek reconsideration of the decision;

(d)    a statement that, if the student does not apply for reconsideration, 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.

Elections for up-front payments must be consistent

166-26B(9)    
Despite paragraph (4)(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 62J(4)(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 (4)(a)(iii), to have an amount re-credited to the student ' s HELP balance. The student must elect to receive a refund of the up-front payment under subparagraph 62J(4)(a)(iii) of the TEQSA Act in relation to the affected unit.

166-26B(10)    
The Higher Education Provider Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (9).