Document ID: chunk:federal_register_of_legislation:C2019C00328:clause:3_6:p3
Version: federal_register_of_legislation:C2019C00328
Segment Type: clause
Provision Reference: sch 3 cl 6 (pt 3/3)
Character Range: 28172–29679

practicable, consider the matter to which the application relates and notify the applicant of the decision on 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.

97‑42  Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—provider ceases to provide course of which unit forms part
 (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 *HECS‑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 ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and
 (c) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and
 (d) the person chose the option designated under the tuition assurance requirements as student contribution/tuition fee repayment in relation to the unit.
Note: A HECS‑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 137‑5(5).
 (2) The *Secretary may re‑credit the person's *HELP balance under subsection (1) if the provider is unable to do so.