Document ID: chunk:federal_register_of_legislation:C2020A00101:clause:2_90:p4
Version: federal_register_of_legislation:C2020A00101
Segment Type: clause
Provision Reference: sch 2 cl 90 (pt 4/6)
Character Range: 96419–99271

a student; and
 (b) either:
 (i) the provider has failed to discharge its obligations under section 166‑25 to the student by the end of the *provider obligation period; or
 (ii) the provider is unlikely to be able to discharge its obligations under section 166‑25 to the student by the end of the provider obligation period.

Higher Education Tuition Protection Director must decide
 (2) The *Higher Education Tuition Protection Director must decide:
 (a) that the Director is satisfied that there are one or more suitable *replacement courses for the student; or
 (b) that the Director is not satisfied that there is a suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course
 (3) In deciding whether the *Higher Education Tuition Protection Director is satisfied that there is a suitable *replacement course, the Director must have regard to the following matters:
 (a) whether the replacement course leads to the same or a comparable qualification as the *original course;
 (b) what credits the student may receive for the units of study of the original course successfully completed by the student;
 (c) whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;
 (d) the location where the replacement course will be primarily delivered;
 (e) whether the student:
 (i) will incur additional fees that are unreasonable; and
 (ii) will be able to attend the course without unreasonable impacts on the student's prior commitments;
 (f) any other matters prescribed by the Higher Education Provider Guidelines.

Suitable replacement course available
 (4) If paragraph (2)(a) applies, the *Higher Education Tuition Protection Director must give a written notice to the student that includes the following:
 (a) a statement that the student may decide to do one of the following:
 (i) enrol in a suitable *replacement course;
 (ii) enrol in another course;
 (iii) elect to have an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the student received for the *affected unit re‑credited to the student's *HELP balance;
 (b) a description of each suitable replacement course, including the qualification that the suitable replacement course leads to;
 (c) the contact details of the provider of each suitable replacement course;
 (d) an explanation that, if *tuition fees or the student's *student contribution amount have been paid for the affected unit of the original course, tuition fees or the student contribution amount would not be payable for a *replacement unit of a suitable replacement course;
 (e) an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the other course to offer a replacement unit without charge to the student;
 (f) an