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

Schedule 2   HELP tuition protection

Part 1   Main amendments

Division 1   Amendments

Higher Education Support Act 2003

9   Subsection 36-24A(1)

Repeal the subsection, substitute:

(1) A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person if:

(a) the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and

(b) the unit would, if completed, form part of a *course of study undertaken with the provider; and

(c) 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

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

(e) 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 unit *re-credited to the student's *HELP balance.

Note: A HECS-HELP debt of a person to whom this section applies is remitted under subsection 137-5(4).