Higher Education Support Amendment (VET FEE-HELP Student Protection) Act 2018 (160 of 2018)

Schedule 1   Amendments

Higher Education Support Act 2003

3   After clause 46A of Schedule 1A

Insert:

46AA Re-crediting a person's FEE-HELP balance - inappropriate conduct by provider or provider's agent

Re-crediting

(1) The *Secretary may, on application under subclause (3) or on the Secretary's own initiative, re-credit a person's *FEE-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.

Note 1: A VET FEE-HELP debt relating to a VET unit of study will be remitted if the FEE-HELP balance in relation to the unit is re-credited: see section 137-18.

Note 2: The VET provider may be required to repay an amount to the Commonwealth under subclause 56(4), depending on the nature of the inappropriate conduct.

(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).

(3) A person may apply to the *Secretary for the person's *FEE-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

(4) Before making a decision to refuse a person's application under subclause (3) for re-crediting of the person's *FEE-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.

(5) In deciding whether to re-credit the *FEE-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

(6) Before making a decision to re-credit a person's *FEE-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.

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

Written notice of decision

(8) If the *Secretary re-credits a person's *FEE-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

(9) The *Secretary must not re-credit a person's *FEE-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.

(10) The *Secretary must not re-credit a person's *FEE-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.