Document ID: chunk:federal_register_of_legislation:C2019A00111:clause:2_16:p3
Version: federal_register_of_legislation:C2019A00111
Segment Type: clause
Provision Reference: sch 2 cl 16 (pt 3/8)
Character Range: 59919–62779

the Higher Education Provider Guidelines.

Civil penalty
 (4) A higher education provider contravenes this subsection if the provider fails to comply with this section.
Civil penalty: 60 penalty units.

Offence
 (5) An approved course provider commits an offence of strict liability if the provider contravenes this section.
Penalty: 60 penalty units.

166‑25  Student placement service

HELP Tuition Protection Director must decide
 (1) If a higher education provider *defaults in relation to a student, the *HELP 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
 (2) In deciding whether the *HELP 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 course 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 for a student will be primarily delivered;
 (e) whether a student who enrols in the course:
 (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 Higher Education Provider Guidelines.

Suitable replacement course available
 (3) If paragraph (1)(a) applies, the *HELP 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 amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the student received for the *affected unit *re‑credited to the student's *HELP balance;
 (b) a description of each suitable replacement course, including the qualification that the 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 other course to offer a replacement unit without charge to the