Document ID: chunk:federal_register_of_legislation:F2024C00020:reg:42:p2
Version: federal_register_of_legislation:F2024C00020
Segment Type: reg
Provision Reference: reg 42 (pt 2/2)
Character Range: 77908–80109

arising from the external stage of the grievance procedure; and
(c)    to ensure that a student or prospective student is not victimised or discriminated against for using the grievance procedure; and
(d)    to train the VET provider's staff about the grievance procedure.

        (7)    The VET provider must keep appropriate records, for at least 5 years, for each use of the grievance procedure.

        (8)    The VET provider must allow the parties to a particular use of the grievance procedure to access the VET provider's records relating to that use, but otherwise keep those records confidential.

        43    Student grievance and review procedure requirements—re-crediting HELP balances

        (1)    This section is made for the purposes of clause 19 of Schedule 1A to the Act.

        (2)    A VET provider must have a procedure describing how the VET provider will clearly explain to each of its students:

(a)    that the student may apply under subclause 46(2) of Schedule 1A to the Act for the student's HELP balance to be re-credited because of special circumstances; and
(b)    that the student may apply under clause 46A of that Schedule for the student's HELP balance to be re-credited because of circumstances involving unacceptable conduct; and
(c)    how the review process in Division 16 of that Schedule works for decisions of the VET provider under subclause 46(2) of that Schedule; and
(d)    that there is no charge relating to applications referred to in paragraph (a) or (b), or for the review process referred to in paragraph (c).

        (3)    The VET provider must comply with this procedure, and have mechanisms in place:
(a)    to ensure that a student is not victimised or discriminated against for:
              (i)    making an application under subclause 46(2) or clause 46A of Schedule 1A to the Act; or
              (ii)    seeking review under Division 16 of that Schedule; and
(b)    to train the VET provider's staff about this procedure.

        (4)    This procedure must be clearly and prominently published on the VET provider's website.

Part 6—Student entitlements and HELP balances

Division 1—Entitlement to VET FEE-HELP assistance