Document ID: chunk:federal_register_of_legislation:C2025C00046:section:62f:p1
Version: federal_register_of_legislation:C2025C00046
Segment Type: section
Provision Reference: s 62F (pt 1/3)
Character Range: 99598–102485

62F  Obligations on providers in case of default

Application of section
 (1) This section applies if a registered higher education provider defaults in relation to a domestic student.

Provider obligations
 (2) The provider must discharge its obligations to the student, in accordance with this section, within the period (the provider obligation period) of 14 days after the day the provider defaulted in relation to the student.
 (3) The provider discharges its obligations to the student if:
 (a) the provider arranges for the student to be offered a place in a suitable replacement unit or suitable replacement course and the student accepts the offer in writing; or
 (b) the provider provides a refund in accordance with subsection (8).

Suitable replacement units or suitable replacement courses
 (4) The provider must identify whether:
 (a) there are one or more suitable replacement units or suitable replacement courses for the student; or
 (b) there is no suitable replacement unit or suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course
 (5) In identifying whether there is a suitable replacement course, the provider 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 Up‑front Payments Guidelines.

Matters relating to whether a unit is a suitable replacement unit
 (6) In identifying whether there is a suitable replacement unit, the provider must have regard to the following matters:
 (a) whether the student will receive credit under the student's original course for the replacement unit;
 (b) whether the mode of delivery of the replacement unit is the same as the mode of delivery of the affected unit;
 (c) the location where the replacement unit will be primarily delivered;
 (d) whether the student:
 (i) will incur additional fees that are unreasonable; and
 (ii) will be able to attend the replacement unit without unreasonable impacts on the student's prior commitments;
 (e) any other matters prescribed by the Up‑front Payments Guidelines.

Suitable replacement unit or suitable replacement course available
 (7) If paragraph (4)(a) applies, the provider must give a written notice to the student that includes the following:
 (a) a statement