Document ID: chunk:federal_register_of_legislation:C2020A00101:clause:1_62j:p1
Version: federal_register_of_legislation:C2020A00101
Segment Type: clause
Provision Reference: sch 1 cl 62J (pt 1/3)
Character Range: 29556–32391

62J  Student placement service

Application of section
 (1) This section applies if the Higher Education Tuition Protection Director determines that:
 (a) a registered higher education provider has defaulted in relation to a domestic student; and
 (b) either:
 (i) the provider has failed to discharge its obligations under section 62F to the student by the end of the provider obligation period; or
 (ii) the provider is unlikely to be able to discharge its obligations under section 62F to the student by the end of the provider obligation period.

Higher Education Tuition Protection Director must decide
 (2) The Higher Education Tuition Protection Director must decide:
 (a) that the Director is satisfied that there are one or more suitable replacement courses for the student; or
 (b) that the Director is not satisfied that there is a suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course
 (3) In deciding whether the Higher Education Tuition Protection Director is satisfied that there is a suitable replacement course, the Director must have regard to the following matters:
 (a) whether the replacement course leads to the same or a comparable qualification as the original course;
 (b) what credits the student may receive for the units of study of the original course successfully completed by the student;
 (c) whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;
 (d) the location where the replacement course will be primarily delivered;
 (e) whether the student:
 (i) will incur additional fees that are unreasonable; and
 (ii) will be able to attend the course without unreasonable impacts on the student's prior commitments;
 (f) any other matters prescribed by the Up‑front Payments Guidelines.

Suitable replacement course available
 (4) If paragraph (2)(a) applies, the Higher Education Tuition Protection Director must give a written notice to the student that includes the following:
 (a) a statement that the student may decide to do one of the following:
 (i) enrol in a suitable replacement course;
 (ii) enrol in another course;
 (iii) elect to have an amount equal to the amount the provider was liable to pay the student under subsection 62F(8) paid to the student;
 (b) a description of each suitable replacement course, including the qualification that the replacement course leads to;
 (c) the contact details of the provider of each suitable replacement course;
 (d) an explanation that, if tuition fees have been paid for the affected unit of the original course, tuition fees would not be payable for a replacement unit of a suitable replacement course;
 (e) an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the