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

Re-crediting

46AA(1)    

The *Secretary may, on application under subclause (3) or on the Secretary ' s own initiative, 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 with a *VET provider, if the Secretary is satisfied that:

(a) either:

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

(ii) under *VET Guidelines prescribed for the purposes of this subparagraph, the person is taken not to have completed those requirements during that period; and

(b) it is reasonably likely that, having regard to any matters prescribed by the *VET Guidelines for the purposes of this paragraph, the VET provider (or an agent of the VET provider) engaged in inappropriate conduct towards the person in relation to the unit, or the *VET course of study of which the unit forms a part.

46AA(2)    
The *VET Guidelines may prescribe matters for the purposes of paragraph (1)(b) that are also prescribed for the purposes of paragraph 46A(1)(c) (circumstances involving unacceptable conduct).

46AA(3)    

A person may apply to the *Secretary for the person ' s *HELP balance to be re-credited under subclause (1) . The application must:

(a) be in writing; and

(b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

(c) meet any requirements prescribed by the *VET Guidelines for the purposes of this paragraph.

Submissions by applicants before refusal to re-credit

46AA(4)    

Before making a decision to refuse a person ' s application under subclause (3) for re-crediting of the person ' s *HELP balance, the Secretary must give the person a notice in writing:

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

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

(c) inviting the person to make written submissions to the Secretary, within 28 days, about why that decision should not be made; and

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

46AA(5)    

In deciding whether to re-credit the *HELP balance, the *Secretary must take into account any submissions received from the person within the 28 day period.

Submissions by providers before decision to re-credit in circumstances requiring repayment by provider

46AA(6)    

Before making a decision to re-credit a person ' s *HELP balance to which subclause 56(4) applies, the Secretary must give the *VET provider a notice in writing:

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

(b) stating that, if the Secretary makes the decision, the VET provider will be required to pay an amount to the Commonwealth under subclause 56(4) in relation to the re-crediting; and

(c) stating the reasons why the Secretary is considering making the decision; and

(d) inviting the VET provider to make written submissions to the Secretary, within 28 days, about why that decision should not be made; and

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

46AA(7)    

In deciding whether to re-credit the *HELP balance, the *Secretary must take into account any submissions received from the *VET provider within the 28 day period.

Written notice of decision

46AA(8)    

If the *Secretary re-credits a person ' s *HELP balance under subclause (1), the Secretary must, as soon as practicable, give written notice of the Secretary ' s decision and the reasons for it to:

(a) the person; and

(b) if subclause 56(4) applies to the decision - the *VET provider.

Final date for re-crediting

46AA(9)    

The *Secretary must not re-credit a person ' s *HELP balance under subclause (1) on the Secretary ' s own initiative, after:

(a) 31 December 2020; or

(b) if a later day is prescribed by the *VET Guidelines for the purposes of this paragraph - that later day.

46AA(10)    

The *Secretary must not re-credit a person ' s *HELP balance under subclause (1) on application made by the person, if the application is made after:

(a) 31 December 2020; or

(b) if a later day is prescribed by the *VET Guidelines for the purposes of this paragraph - that later day.