Higher Education Support Act 2003

Chapter 5 - Administration  


Division 2 - Obligations when a provider defaults in relation to a student  

SECTION 166-26A   Providers to notify of outcome of discharge of obligations  

A higher education provider that *defaults in relation to a student must give a notice to the *Higher Education Tuition Protection Director within 7 days after the end of the *provider obligation period.

The notice must include the following:

(a)  whether the provider discharged its obligations to the student in accordance with section 166-25 ;

(b)  if the provider arranged a suitable *replacement unit or a suitable *replacement course:

(i) details of the student; and

(ii) details of the replacement unit or the replacement course; and

(iii) evidence of the student ' s acceptance of an offer of a place in the replacement unit or replacement course;

(c)  if the provider re-credited the student ' s *HELP balance and paid an amount to the Commonwealth as referred to in paragraph 166-25(3)(b) :

(i) details of the student; and

(ii) details of the amount re-credited and the amount paid.

The notice must comply with any requirements prescribed by the Higher Education Provider Guidelines. Civil penalty

A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.


A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

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