Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p17
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 17/67)
Character Range: 326786–329571

was not, possible for the application to be made before the end of that period;
Open Universities Australia must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision of the application.
 (2) The notice must include a statement of the reasons for the decision.
Note: Refusals of applications are reviewable under Part 5‑7.

104‑42  Re‑crediting a person's HELP balance if provider defaults or person elects re‑crediting
 (1) A higher education provider must, on the *Secretary's behalf, re‑credit a person's *HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person received for a unit of study if:
 (a) the person has been enrolled in the unit with the provider; and
 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person; and
 (c) Part 5‑1A applied to the provider at the time the provider defaulted in relation to the person; and
 (d) any of the following apply:
 (i) the provider identifies, under paragraph 166‑25(4)(b), that there is no suitable *replacement unit or *replacement course for the person;
 (ii) the person elects, under subparagraph 166‑25(7)(a)(iii), to have an amount equal to the amounts of FEE‑HELP assistance that the person received for the unit re‑credited to the student's HELP balance;
 (iii) the *Higher Education Tuition Protection Director decides, under paragraph 166‑26B(2)(b), that the Director is not satisfied that there is a suitable replacement course for the person;
 (iv) the person elects, under subparagraph 166‑26B(4)(a)(iii), to have an amount equal to the amounts of FEE‑HELP assistance that the person received for the unit re‑credited to the student's HELP balance.
Note: A FEE‑HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re‑credited: see subsection 137‑10(4).
 (2) The *Secretary may re‑credit the person's *HELP balance under subsection (1) if the Secretary is satisfied that the provider has failed to do so within a reasonable period.

104‑43  Re‑crediting a person's HELP balance in relation to FEE‑HELP assistance if not a genuine student
 (1) A higher education provider must, on the *Secretary's behalf, re‑credit a person's *HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person received for a unit of study if:
 (a) the person has been enrolled in the unit with the provider; and
 (b) the Secretary has determined under subsection 104‑1(1AA) that the student is not a genuine student in relation to the unit.
Note: A FEE‑HELP debt relating to a unit of study will be remitted if the HELP