Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1a_46a:p1
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1A cl 46A (pt 1/2)
Character Range: 708722–711399

46A  Re‑crediting a person's HELP balance in relation to VET FEE‑HELP assistance—unacceptable conduct by provider or provider's agent

Decision to re‑credit due to unacceptable conduct
 (1) The *Secretary must re‑credit a person's *HELP balance with an amount equal to the amounts of *VET FEE‑HELP assistance that the person received for a *VET unit of study if the Secretary is satisfied that:
 (a) the person has been enrolled in the unit with a *VET provider; and
 (b) the person has not completed the requirements for the unit during the period the person undertook, or was to undertake, the unit; and
 (c) circumstances exist, of a kind specified in the *VET Guidelines for the purposes of this paragraph, involving unacceptable conduct by the VET provider (or an agent of the VET provider) relating to the person's *request for Commonwealth assistance relating to:
 (i) the unit; or
 (ii) the *VET course of study of which the unit forms a part; and
 (d) the person has applied in writing to the Secretary for re‑crediting of the HELP balance under this subclause; and
 (e) the application is in the form approved by the Secretary, and is accompanied by such information as the Secretary requests; and
 (f) either:
 (i) the application was made during the first 3 years after the period during which the person undertook, or was to undertake, the unit; or
 (ii) it would not be, or was not, possible for the application to be made during those 3 years.
Note: A VET FEE‑HELP debt relating to a VET unit of study will be remitted if the HELP balance in relation to the unit is re‑credited: see section 137‑18.
 (2) If:
 (a) the person received the *VET FEE‑HELP assistance as a result of giving an *appropriate officer of the *VET provider a form; and
 (b) the form would have been a *request for Commonwealth assistance relating to the unit if it had been signed by a *responsible parent of the person;
paragraph (1)(c) applies as if the form were the person's request for Commonwealth assistance relating to the unit.
Note: To be a request for Commonwealth assistance, a responsible parent must sign the form if the student is under 18 years old and subclause 88(3A) applies (see paragraph 88(3)(aa)).

Inviting submissions before making a decision
 (3) Before making a decision under subclause (1), the *Secretary must give the applicant and the *VET provider a notice in writing:
 (a) stating that the Secretary is considering making the decision; and
 (b) describing the decision and stating the reasons why the Secretary is considering making it; and
 (c) inviting the applicant and the VET provider to each make written submissions to the Secretary within 28 days on