VET Student Loans Act 2016

PART 6 - RE-CREDITING HELP BALANCES

History

Pt 6 heading substituted by No 76 of 2018, s 3 and Sch 3 item 131, effective 1 January 2020. No 76 of 2018, s 3 and Sch 3 items 145 and 146 contains the following transitional provisions:

…
145 Transitional - re-credited amounts
145
If, before 1 January 2020, an amount was re-credited to a person ' s FEE-HELP balance under:

(a) Subdivision 104-B of the Higher Education Support Act 2003 ; or

(b) Subdivision 7-B of Schedule 1A to that Act; or

(c) Part 6 of the VET Student Loans Act 2016 ;
section 128-15 of the Higher Education Support Act 2003 (as amended by this Schedule) has effect as if the amount had been re-credited to the person ' s HELP balance immediately after the start of 1 January 2020.
146 Transitional - pending decisions about re-credited amounts
146
If:

(a) an application for the re-crediting of an amount to a person ' s FEE-HELP balance was made before 1 January 2020; and

(b) the application was made under:

(i) section 104-25 of the Higher Education Support Act 2003 ; or

(ii) clause 46 of Schedule 1A to that Act; or

(iii) section 72 of the VET Student Loans Act 2016 ; and

(c) no decision was made on the application before the commencement of this item;
the application has effect, after the start of 1 January 2020, as if it were an application for the re-crediting of the amount to the person ' s HELP balance.

…

Pt 6 heading formerly read:

PART 6 - RE-CREDITING FEE HELP BALANCES

Division 3 - Re-crediting by Secretary other than on discharge of debt

View history reference

View history note

SECTION 72A WHEN SECRETARY MUST RE-CREDIT HELP BALANCE

72A(1)
The Secretary must re-credit a student ' s HELP balance if:

(a) the student has not completed the requirements for the course, or the part of the course, because the provider defaulted in relation to the student; and

(b) the VSL Tuition Protection Director decides, under paragraph 66E(1)(b) , that the Director is not satisfied that there is a suitable replacement course for the student.

Note:

A course provider may be required to pay an amount to the Commonwealth as a result of re-crediting under this section: see section 22 . That amount may be debited from the VSL Tuition Protection Fund: see section 66L . If the amount is debited from the Fund, a later payment of the amount by the provider is credited to the Fund: see section 66K .

72A(2)
The amount re-credited must equal the loan amount that has been used to pay tuition fees for the student for the affected part.

72A(3)
In determining the amount to be re-credited for the purposes of subsection (2), the Secretary must take into account any submissions received by the VSL Tuition Protection Director under subsection 66H(3) in relation to the amount to be re-credited.

72A(4)
The Secretary must give the student and the provider written notice of the Secretary ' s decision in relation to the re-credited amount. The notice must be given as soon as practicable after the decision is made.

View history note

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.