Education Legislation Amendment (Up-front Payments Tuition Protection) Act 2020 (101 of 2020)

Schedule 2   Amendment of the Higher Education Support Act 2003

Part 3   Other amendments

Higher Education Support Act 2003

85   Section 166-1

Repeal the section, substitute:

166-1 What this Part is about

Certain higher education providers who default in delivering a unit of study to a student receiving or entitled to FEE-HELP assistance or HECS-HELP assistance for the unit must give information about the default to the Higher Education Tuition Protection Director and to the student. If the student has made an up-front payment for the unit the provider may also have obligations under Part 5A of the Tertiary Education Quality and Standards Agency Act 2011 in relation to the default.

The provider must assist the student to find a replacement unit or replacement course, or the provider must re-credit the student's HELP balance (and offer the student a choice about this). If the provider fails to discharge this obligation, the Director must offer the student a suitable replacement course. If the Director is not satisfied that there is a suitable replacement course, or if the student elects re-crediting, the student's HELP balance is re-credited.