Document ID: chunk:federal_register_of_legislation:F2023C00945:reg:89
Version: federal_register_of_legislation:F2023C00945
Segment Type: reg
Provision Reference: reg 89
Character Range: 60215–62649

89  Explaining re‑crediting
 (1) An approved course provider must have processes and procedures for explaining the re‑crediting of students' HELP balances under Division 2 or 3 of Part 6 of the Act.
 (2) The processes and procedures must explain the following:
 (a) that a student's HELP balance can be re‑credited under Division 2 or 3 of Part 6 of the Act;
 (b) that a student may apply to the provider for the student's HELP balance to be re‑credited under section 68 of the Act because of special circumstances;
 (c) that a student may apply to the Secretary for the student's HELP balance to be re‑credited under section 71 of the Act because:
 (i) the provider, or a person acting on the provider's behalf, engaged in unacceptable conduct in relation to the student's application for the VET student loan; or
 (ii) the provider has failed to comply with the Act or an instrument under the Act and the failure has adversely affected the student;
 (d) that special circumstances are circumstances that:
 (i) are beyond the student's control; and
 (ii) do not make their full impact on the student until on or after the census day for a course, or the part of a course; and
             (iii) make it impracticable for the student to complete the requirements for the course, or the part of the course, during the student's enrolment in the course, or the part of the course;
 (e) that applications for re‑crediting under section 68 of the Act must be made within 12 months after the census day for the course, or the part of the course, concerned, or within that period as extended by the provider;
 (f) that applications for re‑crediting under section 71 of the Act must be made within 5 years after the census day for the course, or the part of the course, concerned, or within that period as extended by the Secretary;
 (g) the processes available to students in relation to reconsideration and review of decisions whether or not to re‑credit HELP balances;
 (h) that there is no charge for reconsideration or review of decisions, other than review by the Administrative Appeals Tribunal;
 (i) that the Secretary may re‑credit a student's HELP balance in relation to special circumstances if a course provider:
 (i) is unable to act or is being wound up or has been dissolved; or
 (ii) has failed to act and the Secretary is satisfied that the failure is unreasonable.

Subdivision H—Treatment of students seeking review etc.