VET Student Loans Act 2016

PART 5A - TUITION PROTECTION  

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

SECTION 66E   STUDENT PLACEMENT SERVICE  
VSL Tuition Protection Director must decide

66E(1)    
If an approved course provider defaults in relation to a student, the VSL 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

66E(2)    
In deciding whether the VSL Tuition Protection Director is satisfied that there is a suitable replacement course for a student, 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)    whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

(c)    the location where the replacement course for a student will be primarily delivered;

(d)    whether a student who enrols in the replacement 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;

(e)    any other matters prescribed by the rules.

Suitable replacement course available

66E(3)    
If paragraph (1)(a) applies, the VSL Tuition Protection Director must give a written notice to the student that includes the following:

(a)    a description of each suitable replacement course, including the qualification that the course leads to;

(b)    the contact details of the provider of each suitable replacement course;

(c)    an explanation that, if tuition fees have been paid for the affected part of the original course, tuition fees would not be payable for the replacement component of the replacement course;

(d)    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 component without charge to the student;

(e)    an explanation of the matters the Director must have regard to under subsection (2) ;

(f)    an explanation of the student ' s right to request reconsideration, under section 76 , of the Director ' s decision within 28 days after the day on which the student is given the notice (or such longer period as the Director allows);

(g)    

an explanation that if, upon reconsideration, it is determined that there is no suitable replacement course for the student, an amount in relation to the student ' s loan amount that has been used to pay tuition fees for the student for the affected part will be re-credited to the student ' s HELP balance;

(h)    any other matters prescribed by the rules.

No suitable replacement course available

66E(4)    
If paragraph (1)(b) applies, the VSL Tuition Protection Director must give a written notice to the student that includes the following:

(a)    an explanation of the matters the Director must have regard to under subsection (2) ;

(b)    an explanation of the student ' s right to request reconsideration, under section 76 , of the Director ' s decision within 28 days after the day on which the student is given the notice (or such longer period as the Director allows);

(c)    a statement that, to facilitate early re-crediting, the student may, at any time during the 28 days, give the VSL Tuition Protection Director notice in writing that the student will not seek reconsideration of the decision;

(d)    

a statement that, if the decision is not reconsidered or is confirmed, an amount in relation to the student ' s loan amount that has been used to pay tuition fees for the student for the affected part will be re-credited to the student ' s HELP balance.