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.


Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.