Document ID: chunk:federal_register_of_legislation:C2019A00111:clause:2_16:p2
Version: federal_register_of_legislation:C2019A00111
Segment Type: clause
Provision Reference: sch 2 cl 16 (pt 2/8)
Character Range: 57286–60191

circumstances prescribed by the Higher Education Provider Guidelines apply in relation to the provider and the student.

Division 2—Obligations when a provider defaults in relation to a student

166‑15  Higher education providers must give notice of default to HELP Tuition Protection Director

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

Notifying the HELP Tuition Protection Director of default
 (2) The higher education provider must, within 24 hours of the *default occurring, give written notice to the *HELP Tuition Protection Director of the circumstances of the default.

Notifying the HELP Tuition Protection Director of details of default
 (3) The higher education provider must, within 3 business days of the *default occurring, give a written notice to the *HELP Tuition Protection Director specifying:
 (a) the following information in relation to each student in relation to whom the provider has defaulted:
 (i) the student's full name and contact details;
 (ii) the units of study and the *course of study that the student was enrolled in at the time of the default;
 (iii) the amount of the tuition fees for each unit of study that the student was enrolled in at the time of the default;
 (iv) details about the payment of those tuition fees; and
 (b) any other matter prescribed by the Higher Education Provider Guidelines.
 (4) If requested in writing by the *HELP Tuition Protection Director, the higher education provider must give to the Director a copy of a student's record of results for the *units of study that the student has completed.

Notice requirements
 (5) A notice given under subsection (2) or (3) must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty
 (6) A higher education provider contravenes this subsection if the provider fails to comply with this section.
Civil penalty: 60 penalty units.

Offence
 (7) A higher education provider commits an offence of strict liability if the provider contravenes this section.
Penalty: 60 penalty units.

166‑20  Higher education providers must give notice of default to affected students

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

Notifying students of default
 (2) The higher education provider must, within 24 hours of the *default occurring, give written notice of the default to the students in relation to whom the provider has defaulted.

Notice requirements
 (3) A notice given under subsection (2) must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty
 (4) A higher education provider contravenes this subsection if the provider fails to comply with this section.
Civil penalty: 60 penalty units.

Offence
 (5) An approved course provider commits an offence of strict