Document ID: chunk:federal_register_of_legislation:C2019A00111:clause:2_16:p1
Version: federal_register_of_legislation:C2019A00111
Segment Type: clause
Provision Reference: sch 2 cl 16 (pt 1/8)
Character Range: 54700–57559

16  After Part 5‑1
Insert:

Part 5‑1A—Tuition protection

Division 1—Preliminary

166‑1  What this Part is about

      Certain higher education providers who default in delivering a unit of study to students receiving or entitled to FEE‑HELP assistance or HECS‑HELP assistance for the unit must give information about the default to the HELP Tuition Protection Director and to affected students.
      The HELP Tuition Protection Director must assist affected students to find replacement courses. If the Director is not satisfied that there is a suitable replacement course for an affected student, or if the student elects re‑crediting, the student's HELP balance is re‑credited.

166‑5  Application of this Part
 (1) This Part applies to higher education providers other than:
 (a) *Table A providers; or
 (b) providers of a kind prescribed by the Higher Education Provider Guidelines.
 (2) Despite subsection (1), the Minister may, by written notice, determine that this Part:
 (a) applies to a specified higher education provider; or
 (b) does not apply to a specified higher education provider.
 (3) A determination under subsection (2):
 (a) may be made either unconditionally or subject to conditions; and
 (b) may be expressed to be in force indefinitely or for a specified period.
 (4) A determination made under subsection (2) is not a legislative instrument.
 (5) Despite subsection (1), sections 166‑27 and 166‑30 apply to all higher education providers.
Note: Section 166‑27 deals with provider obligations to provide information about replacement courses and section 166‑30 deals with obligations of providers who provide replacement courses.

166‑10  When a higher education provider defaults in relation to a student
 (1) A higher education provider defaults in relation to a student if:
 (a) the provider fails to start to provide a unit of study to the student on the day on which the unit was scheduled to start; and
 (b) the student has not withdrawn before that day; and
 (c) the student was entitled, or would have been entitled, to *FEE‑HELP assistance or *HECS‑HELP assistance for the unit of study.
 (2) A higher education provider defaults in relation to a student if:
 (a) the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and
 (b) the student has not withdrawn before that day; and
 (c) the student was entitled, or would have been entitled, to *FEE‑HELP assistance or *HECS‑HELP assistance for the unit of study.
 (3) A higher education provider defaults in relation to a student if 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