Education Legislation Amendment (Tuition Protection and Other Measures) Act 2019 (111 of 2019)

Schedule 2   HELP tuition protection

Part 2   Amendments commencing immediately after the commencement of HELP loan limits changes

Higher Education Support Act 2003

36   Paragraphs 97-42(1)(b), (c) and (d)

Repeal the paragraphs (not including the note), substitute:

(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person and the unit; and

(c) Part 5-1A applied to the provider at the time the provider defaulted in relation to the person; and

(d) either of the following apply:

(i) the *HELP Tuition Protection Director decides, under paragraph 166-25(1)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;

(ii) the person elects, under subparagraph 166-25(3)(a)(iii), to have an amount equal to the amounts of HECS-HELP assistance that the person received for the *affected unit *re-credited to the person's HELP balance.