other than in Part 5A—means a subsection, or a section that is not divided into subsections, of this Act (other than Part 5A) that has set out at its foot the words “civil penalty” and one or more amounts in penalty units; or

in Part 5A—has the same meaning as in the Regulatory Powers Act.

(a) is not an overseas student (or an overseas student within the meaning of the Education Services for Overseas Students Act 2000); and

is enrolled, or proposes to become enrolled, in an Australian course of study with a registered higher education provider.

is not an Australian citizen; and

is enrolled, or proposes to become enrolled, in:

an Australian course of study with a registered higher education provider; or

a unit of study access to which was provided by Open Universities Australia;

a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or

a New Zealand citizen; or

(e) a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse, de facto partner (within the meaning of the Acts Interpretation Act 1901) or dependent relative of such a representative.

an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and

(b) someone who is a child (within the meaning of the Family Law Act 1975) of the representative, or of whom the representative is a child (within the meaning of that Act); and

relatives traced through relationships referred to in paragraphs (a) and (b).

an original course; or

a course that is equivalent to an original course.

for a decision by TEQSA—means a decision covered by section 183;

for a decision relating to tuition protection—means a decision covered by section 187A.

(a) in relation to a unit of study for which a domestic student is liable to pay a student contribution amount within the meaning of the Higher Education Support Act 2003—that amount; or

(b) in relation to a unit of study for which a domestic student is liable to pay a tuition fee within the meaning of the Higher Education Support Act 2003—that amount; or

if paragraph (a) or (b) does not apply—the amount, or the amount worked out using a method, prescribed by the Up-front Payments Guidelines.

(a) in relation to an Australian course of study and a registered higher education provider that is also a higher education provider within the meaning of the Higher Education Support Act 2003—has the same meaning as in that Act; or

in relation to an Australian course of study and a registered higher education provider that is not of the kind mentioned in paragraph (a) means:

a subject or unit (however described) that a person may undertake as part of the course; or

if the course is not comprised of subjects or units as referred to in subparagraph (i)—the course.

(a) for a unit of study for which the student is liable to pay a student contribution amount within the meaning of the Higher Education Support Act 2003—has the same meaning as in section 93-15 of that Act; or

(b) for a unit of study for which the student is liable to pay a tuition fee within the meaning of the Higher Education Support Act 2003—has the same meaning as in section 107-5 of that Act; or

if paragraph (a) or (b) does not apply—means a payment of all or a part of the student’s tuition fees for the unit.

the requirements set out in this section, Part 5A and the Up-front Payments Guidelines; and

the requirements set out in the Up-front Payments Guidelines for the purposes of this paragraph.

up-front payments tuition protection levy;

any penalty for late payment of up-front payments tuition protection levy.

the issue of notices setting out the amount of up-front payments tuition protection levy payable by a provider;

when up-front payments tuition protection levy is due and payable;

the issue of notices extending the time for payment of up-front payments tuition protection levy;

penalties for late payment of up-front payments tuition protection levy;

to whom up-front payments tuition protection levy and any penalties for late payment are payable;

the refund, remission or waiver of up-front payments tuition protection levy or penalties for late payment;

the review of decisions made under the Up-front Payments Guidelines in relation to the collection or recovery of up-front payments tuition protection levy;

any other matters relating to the collection or recovery of up-front payments tuition protection levy.

the circumstances in which payments may be made;

amounts of different kinds of payments;

methods for calculating different kinds of payments.

keep records of for the purposes of the tuition protection requirements; and

give to the Secretary in accordance with subsection (8).

within the period specified by the Secretary; and

in the manner and form approved by the Secretary.

the provider’s domestic students (including information and documents relating to each student’s enrolment, progression in units of study and results);

the provider’s tuition fees, including the amount of any up-front payments received for each domestic student for a unit of study;

identifying information about the provider’s domestic students, including the full names and contact details of the students;

any other matter related to tuition protection under this Act.

(a) required or permitted by this Act or the Higher Education Support Act 2003 to be provided by the Up-front Payments Guidelines; or

(b) necessary or convenient to be provided in order to carry out or give effect to Higher Education Support Act 2003.Part 5A of this Act or Part 5-1A or 5-1B of the

Table A providers; or

providers that are owned by the Commonwealth, a State or a Territory; or

providers that are established under one of the following:

(i) the Technical and Further Education Commission Act 1990 (NSW);

(ii) the Education and Training Reform Act 2006 (Vic.);

(iii) the TAFE Queensland Act 2013 (Qld);

(iv) the Vocational Education and Training Act 1996 (WA);

(v) the TAFE SA Act 2012 (SA);

(vi) the Training and Workforce Development Act 2013 (Tas.);

(vii) the Canberra Institute of Technology Act 1987 (ACT); or

providers of a kind prescribed by the Up-front Payments Guidelines.

applies to a specified registered higher education provider; or

does not apply to a specified registered higher education provider;

the risk of the provider defaulting in relation to one or more domestic students;

the provider’s financial status and capacity;

any non-compliance, or risk of future non-compliance, with the Threshold Standards, this Act, legislative instruments made under this Act or this Act’s associated provisions;

any advice given to the Minister by TEQSA or the Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c);

any other matter the Minister considers appropriate.

may be made either unconditionally or subject to conditions; and

may be expressed to be in force indefinitely or for a specified period.

the provider fails to start to provide a unit of study to the student on the day the unit was scheduled to start; and

the student has not withdrawn before that day; and

an up-front payment:

was made for the student for the unit of study on or before that day; or

was not made for the student for the unit on or before that day and the student was not entitled, and would not have been entitled, to FEE-HELP assistance or HECS-HELP assistance for the unit.

the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and

the student has not withdrawn before that day; and

an up-front payment:

(i) was made for the student for the unit of study on or before that day; or

was not made for the student for the unit on or before that day and the student was not entitled, and would not have been entitled, to FEE-HELP assistance or HECS-HELP assistance for the unit.

the following information:

the student’s full name and contact details;

the units of study and the Australian course of study that the student was enrolled in at the time of the default;

the amount of the tuition fees for each unit of study that the student was enrolled in at the time of the default;

details about the payment of those tuition fees; and

advice as to:

whether the provider intends to discharge its obligations to the student under section 62F; and

(if appropriate) how the provider intends to discharge those obligations; and

any other matter prescribed by the Up-front Payments Guidelines.

the provider arranges for the student to be offered a place in a suitable replacement unit or suitable replacement course and the student accepts the offer in writing; or

the provider provides a refund in accordance with subsection (8).

there are one or more suitable replacement units or suitable replacement courses for the student; or

there is no suitable replacement unit or suitable replacement course for the student.

whether the replacement course leads to the same or a comparable qualification as the original course;

what credits the student may receive for the units of study of the original course successfully completed by the student;

whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

the location where the replacement course will be primarily delivered;

whether the student:

will incur additional fees that are unreasonable; and

will be able to attend the course without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the Up-front Payments Guidelines.

whether the student will receive credit under the student’s original course for the replacement unit;

whether the mode of delivery of the replacement unit is the same as the mode of delivery of the affected unit;

the location where the replacement unit will be primarily delivered;

whether the student:

will incur additional fees that are unreasonable; and

will be able to attend the replacement unit without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the Up-front Payments Guidelines.

a statement that the student may decide to do one of the following:

enrol in a suitable replacement unit or suitable replacement course;

enrol in another unit of study or course;

elect to receive a refund in accordance with subsection (8);

a description of each suitable replacement unit or suitable replacement course, including the qualification that the suitable replacement course leads to;

the contact details of the provider of each suitable replacement unit or suitable replacement course;

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 suitable replacement unit or the replacement unit of a suitable replacement course;

an explanation that if the student chooses to enrol in another unit of study or course, there is no obligation on the provider of the other unit or course to offer a replacement unit without charge to the student;

an explanation of the matters the provider must have regard to under subsections (5) and (6);

any other matters prescribed by the Up-front Payments Guidelines.

paragraph (4)(b) applies; or

the student elects to receive a refund as referred to in subparagraph (7)(a)(iii);

the provider defaults in relation to a domestic student; and

the provider fails to discharge its obligations to the student in accordance with section 62F.

the provider defaults in relation to a domestic student; and

the provider fails to discharge its obligations to the student in accordance with section 62F.

whether the provider discharged its obligations to the student in accordance with section 62F;

if the provider arranged a replacement unit or replacement course:

details of the student; and

details of the replacement unit or replacement course; and

evidence of the student’s acceptance of an offer of a place in the replacement unit or replacement course;

if the provider provided a refund to the student under subsection 62F(8):

details of the student; and

details of the amount of the refund.

a registered higher education provider has defaulted in relation to a domestic student; and

either:

the provider has failed to discharge its obligations under section 62F to the student by the end of the provider obligation period; or

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.

that the Director is satisfied that there are one or more suitable replacement courses for the student; or

that the Director is not satisfied that there is a suitable replacement course for the student.

whether the replacement course leads to the same or a comparable qualification as the original course;

what credits the student may receive for the units of study of the original course successfully completed by the student;

whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

the location where the replacement course will be primarily delivered;

whether the student:

will incur additional fees that are unreasonable; and

will be able to attend the course without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the Up-front Payments Guidelines.

a statement that the student may decide to do one of the following:

enrol in a suitable replacement course;

enrol in another course;

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;

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

the contact details of the provider of each suitable replacement course;

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;

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 student;

an explanation of the matters the Director must have regard to under subsection (3);

any other matters prescribed by the Up-front Payments Guidelines.

be in writing; and

be given to the provider of the suitable replacement course within the period specified in subsection (7).

the period of 30 days after the Higher Education Tuition Protection Director gives notice under subsection (4); or

if the Director determines that exceptional circumstances apply:

any shorter period determined in writing by the Director; or

any longer period (not exceeding 12 months) determined in writing by the Director, and agreed to by the student.

an explanation of the matters the Director must have regard to under subsection (3);

an explanation of the student’s right to request reconsideration, under within 28 days after the day on which the student is given the notice;section 187D, of the Director’s decision

a statement that, to facilitate early refunds, the student may, at any time during the 28 days, give the Director notice in writing that the student will not seek reconsideration of the decision;

a statement that, if the student does not apply for reconsideration, an amount equal to the amount the provider was liable to pay to the student under subsection 62F(8) will be paid to the student.

the provider has failed to discharge its obligations under section 62F to the student by the end of the provider obligation period; and

either:

the Director decides, under paragraph 62J(2)(b), that the Director is not satisfied that there is a suitable replacement course for the student; or

the student elects, under subparagraph 62J(4)(a)(iii), to have an amount equal to the amount the provider was liable to pay the student under subsection 62F(8) paid to them.

the Director becomes aware of the circumstances referred to in paragraph (2)(a) more than 12 months after the day the provider defaulted in relation to the student; or

the Director becomes aware of the circumstances referred to in subparagraph (2)(b)(ii) more than 12 months after the day the Director gives notice to the student under subsection 62J(4).

would best protect the interests of the student; and

would not jeopardise the sustainability of the Higher Education Tuition Protection Fund.

the Higher Education Tuition Protection Director is required under that subsection to pay an amount to the provider of the replacement course; and

the amount required to be paid is more than the cost of the replacement course;

a registered higher education provider defaults in relation to a domestic student; and

the Higher Education Tuition Protection Director pays an amount in accordance with section 62K in relation to the student;

a registered higher education provider defaults in relation to a domestic student; and

the Higher Education Tuition Protection Director makes a payment to the registered higher education provider who provides the replacement course, or to the student, under section 62K.

in a form (if any) approved by the Higher Education Tuition Protection Director for the information; and

in accordance with such other requirements as the Director makes.

the provider is given a notice under subsection (1); and

the provider fails to comply with the notice.

the provider is given a notice under subsection (1); and

the provider fails to comply with the notice.

(a) for a replacement course—is granted credits for units of study of the original course successfully completed by the student; and

if the student has paid tuition fees for an affected unit of the original course—is not charged tuition fees for the replacement unit or the replacement unit of the replacement course; and

is enrolled in the replacement unit or replacement course as soon as practicable.

the student’s full name and contact details;

the name of the replacement unit or the replacement course (and units of study) that the student is currently enrolled in;

any tuition fees paid (or incurred) by the student for the replacement unit or for any units of study of the replacement course;

any payments made by the Director under section 62K to the provider in relation to the replacement course;

details of the replacement unit or units of study of the replacement course successfully completed by the student;

details of the credits granted to the student for the replacement unit or for the units of study of the original course successfully completed by the student.

be such that the students pay their tuition fees directly to the original provider; or

both:

be in writing; and

provide for the receipt and disbursement of any tuition fees paid by students directly to any of the other providers.

the Higher Education Tuition Protection Director believes on reasonable grounds that the provider has information relevant to the Director’s functions under this Act; and

the Director, by written notice given to the provider, requests the provider to give the Director the information:

within the period (not shorter than 14 days after the notice is given) specified in the notice; and

in the manner specified in the notice.

the right may be cancelled, revoked, terminated or varied by or under later legislation; and

no compensation is payable if the right is so cancelled, revoked, terminated or varied.

this Act (other than Part 5A); or

this Act’s (other than Part 5A’s) associated provisions;

each HESA investigator and authorised officer is an authorised applicant; and

each HESA investigator and authorised officer is an authorised person; and

a judicial officer is an issuing officer; and

for an authorised person who is a HESA investigator, the Secretary is the relevant chief executive; and

for an authorised person who is an authorised officer, the Chief Executive Officer of TEQSA is the relevant chief executive; and

each applicable court is a relevant court.

a civil penalty provision; or

(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

each HESA investigator and authorised officer is an authorised applicant; and

each HESA investigator and authorised officer is an authorised person; and

a judicial officer is an issuing officer; and

for an authorised person who is a HESA investigator, the Secretary is the relevant chief executive; and

for an authorised person who is an authorised officer, the Chief Executive Officer of TEQSA is the relevant chief executive; and

each applicable court is a relevant court.

the Higher Education Tuition Protection Director is an authorised applicant; and

each applicable court is a relevant court.

is an infringement officer; and

is the relevant chief executive.

the Secretary is an authorised person; and

each applicable court is a relevant court.

the Secretary is an authorised person; and

each applicable court is a relevant court.

an SES employee or an acting SES employee; or

an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.

if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or

otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.

(a) the reviewable decisions in relation to tuition protection; and

(b) the decision-maker for each of those decisions.

a reviewable decision relating to tuition protection was made by a delegate of a decision-maker; and

the decision is to be reconsidered by a delegate of the decision-maker;

was not involved in making the decision; and

occupies a position that is senior to that occupied by any person involved in making the decision.

an application for reconsideration of the decision has been made under section 187D; or

the decision has been confirmed, varied or set aside under section 187D and an application has been made under section 187E for review of the decision.

confirm the decision; or

vary the decision; or

set the decision aside and substitute a new decision.

on the day specified in the decision on review; or

if a day is not specified—on the day on which the decision on review was made.

must be given within a reasonable period after the decision on review is made; and

must contain a statement of the reasons for the reviewer’s decision on review.

confirm the decision; or

vary the decision; or

set the decision aside and substitute a new decision.

the decision was made under paragraph 62J(2)(b); and

the person gave notice in writing, under paragraph 62J(8)(c), that the person would not seek reconsideration of the decision.

on the day specified in the decision on review; or

if a day is not specified—on the day on which the decision on review was made.

must be given within a reasonable period after the decision on review is made; and

must contain a statement of the reasons for the reviewer’s decision on review.

the Higher Education Tuition Protection Director; or

if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or

otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.

each amount of *up-front payments tuition protection levy received from a *registered higher education provider;

each amount paid by a *registered higher education provider to the *Higher Education Tuition Protection Director under subsection 62L(2) of the *TEQSA Act;

any penalties for late payment of up-front payments tuition protection levy;

making payments in connection with tuition protection under this Act and the *Higher Education Provider Guidelines;

making payments in connection with tuition protection under the *TEQSA Act and the *Up-front Payments Guidelines;

paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the *Higher Education Tuition Protection Director’s functions, including in managing the Fund;

paying any remuneration and allowances payable to the Higher Education Tuition Protection Director;

(e) paying any remuneration and allowances payable to the members of the *Higher Education Tuition Protection Fund Advisory Board;

paying any amount that is required or permitted to be repaid;

reducing the balance of the Fund (and therefore the available appropriation for the Fund) without making a real or notional payment.

facilitating and monitoring the placement of students under Part 5A of the *TEQSA Act, in relation to whom a *registered higher education provider has defaulted (within the meaning of that Act);

the operation of Part 5-1A of this Act and Part 5A of the TEQSA Act (both of which deal with tuition protection); and

managing the Higher Education Tuition Protection Fund in a way that ensures that it is able to meet all its liabilities from time to time;

(ea) making the legislative instrument each year under Higher Education (Up-front Payments Tuition Protection Levy) Act 2020;section 13 of the

recommending that *TEQSA take action against a registered higher education provider that has defaulted in relation to a student (within the meaning of the TEQSA Act);

(a) the making of a legislative instrument each year under Higher Education Support (HELP Tuition Protection Levy) Act 2020; andsection 13 of the

(b) the making of a legislative instrument each year under Higher Education (Up-front Payments Tuition Protection Levy) Act 2020.section 13 of the

the Director’s functions and powers under the *Regulatory Powers Act as it applies in relation to Part 5-1A of this Act;

the Director’s functions and powers under the Regulatory Powers Act as it applies in relation to Part 5A of the *TEQSA Act.

if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or

otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.

(a) definition of HELP Tuition Protection Director;

(b) definition of HELP Tuition Protection Fund;

(c) definition of HELP Tuition Protection Fund Advisory Board.

obtained or created by an *officer for the purposes of any of the following:

Chapter 2;

Chapters 3 and 4;

Part 5-1A;

section 26A or Part 5A of the *TEQSA Act.

the person is or was an *officer of a registered higher education provider (see subsection (3AA)); or

an officer or employee of the provider; or

a person who, although not an officer or employee of the provider, performs services for or on behalf of the provider.

for a *Commonwealth officer—the performance of duties or functions, or the exercise of powers under, or for the purposes of:

this Act; or

(ii) the Higher Education Support (HELP Tuition Protection Levy) Act 2020; or

(iii) the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020; or

the *TEQSA Act; or

(v) the VET Student Loans Act 2016; or

for an *officer of a registered higher education provider—service as such an officer; or

disclosure by a Commonwealth officer of personal information to a person in connection with the provision of actuarial services for the purposes of assisting the officer to perform duties or functions or exercise powers mentioned in paragraph 179-15(4)(a);

disclosure by a Commonwealth officer of personal information to an *officer of a registered higher education provider to assist the provider’s officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act or the *TEQSA Act;

disclosure by an officer of a registered higher education provider of personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;

any of the following apply:

the provider identifies, under paragraph 166-25(4)(b) that there is no suitable *replacement unit or *replacement course for the person;

the person elects, under subparagraph 166-25(7)(a)(iii), to have an amount equal to the amounts of *HECS-HELP assistance that the person received for the unit re-credited to the student’s *HELP balance;

the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b) that the Director is not satisfied that there is a suitable replacement course for the person;

the person elects, under subparagraph 166-26B(4)(a)(iii), to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student’s HELP balance.

any of the following apply:

the provider identifies, under paragraph 166-25(4)(b) that there is no suitable *replacement unit or *replacement course for the person;

the person elects, under subparagraph 166-25(7)(a)(iii), to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student’s HELP balance;

the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b) that the Director is not satisfied that there is a suitable replacement course for the person;

the person elects, under subparagraph 166-26B(4)(a)(iii), to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student’s HELP balance.

any of the following apply:

the provider identifies, under paragraph 166-25(4)(b), that there is no suitable *replacement unit or *replacement course for the person;

the person elects, under subparagraph 166-25(7)(a)(iii), to have an amount equal to the amounts of FEE-HELP assistance that the person received for the unit re-credited to the student’s HELP balance;

the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b), that the Director is not satisfied that there is a suitable replacement course for the person;

the person elects, under subparagraph 166-26B(4)(a)(iii), to have an amount equal to the amounts of FEE-HELP assistance that the person received for the unit re-credited to the student’s HELP balance.

applies to a specified higher education provider; or

does not apply to a specified higher education provider;

the risk of the provider *defaulting in relation to one or more students;

whether the provider is financially viable and likely to remain financially viable;

any non-compliance, or risk of future non-compliance, with this Act or legislative instruments made under this Act;

any advice given to the Minister by the *Secretary, *TEQSA or the *Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c);

any other matter the Minister considers appropriate.

advice as to:

whether the provider intends to discharge its obligations to the student under section 166-25; and

(if appropriate) how the provider intends to discharge those obligations; and

the provider arranges for the student to be offered a place in a suitable *replacement unit or suitable *replacement course and the student accepts the offer in writing; or

the provider:

re-credits the student’s *HELP balance in accordance with subsection 97-42(1) or 104-42(1) (as the case requires); and

pays an amount to the Commonwealth in accordance with subsection 36-24A(2) or 110-5(1) (as the case requires).

there are one or more suitable *replacement units or suitable *replacement courses for the student; or

there is no suitable replacement unit or suitable replacement course for the student.

whether the replacement course leads to the same or a comparable qualification as the *original course;

what credits the student may receive for the units of study of the original course successfully completed by the student;

whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

the location where the replacement course will be primarily delivered;

whether the student:

will incur additional fees that are unreasonable; and

will be able to attend the course without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the Higher Education Provider Guidelines.

whether the student will receive credit under the student’s *original course for the replacement unit;

whether the mode of delivery of the replacement unit is the same as the mode of delivery of the *affected unit;

the location where the replacement unit will be primarily delivered;

whether the student:

will incur additional fees that are unreasonable; and

will be able to attend the replacement unit without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the Higher Education Provider Guidelines.

a statement that the student may decide to do one of the following:

enrol in a suitable *replacement unit or suitable *replacement course;

enrol in another unit of study or course;

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;

a description of each suitable replacement unit or suitable replacement course, including the qualification that the suitable replacement course leads to;

the contact details of the provider of each suitable replacement unit or suitable replacement course;

an explanation that, if *tuition fees or the student’s *student contribution amount have been paid for the affected unit of the *original course, tuition fees or the student contribution amount would not be payable for a suitable replacement unit or a replacement unit of a suitable replacement course;

an explanation that if the student chooses to enrol in another unit of study or course, there is no obligation on the provider of the other unit or course to offer a replacement unit without charge to the student;

an explanation of the matters the provider must have regard to under subsections (5) and (6);

any other matters prescribed by the Higher Education Provider Guidelines.

the provider *defaults in relation to a student; and

the provider fails to discharge its obligations to the student in accordance with section 166-25.

the provider *defaults in relation to a student; and

the provider fails to discharge its obligations to the student in accordance with section 166-25.

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

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

details of the student; and

details of the replacement unit or the replacement course; and

evidence of the student’s acceptance of an offer of a place in the replacement unit or replacement course;

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):

details of the student; and

details of the amount re-credited and the amount paid.

a higher education provider has *defaulted in relation to a student; and

either:

the provider has failed to discharge its obligations under section 166-25 to the student by the end of the *provider obligation period; or

the provider is unlikely to be able to discharge its obligations under section 166-25 to the student by the end of the provider obligation period.

that the Director is satisfied that there are one or more suitable *replacement courses for the student; or

that the Director is not satisfied that there is a suitable replacement course for the student.

whether the replacement course leads to the same or a comparable qualification as the *original course;

what credits the student may receive for the units of study of the original course successfully completed by the student;

whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

the location where the replacement course will be primarily delivered;

whether the student:

will incur additional fees that are unreasonable; and

will be able to attend the course without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the Higher Education Provider Guidelines.

a statement that the student may decide to do one of the following:

enrol in a suitable *replacement course;

enrol in another course;

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;

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

the contact details of the provider of each suitable replacement course;

an explanation that, if *tuition fees or the student’s *student contribution amount have been paid for the affected unit of the original course, tuition fees or the student contribution amount would not be payable for a *replacement unit of a suitable replacement course;

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 student;

an explanation of the matters the Director must have regard to under subsection (3);

any other matters prescribed by the Higher Education Provider Guidelines.

be in writing; and

be given to the provider of the suitable replacement course within the period specified in subsection (7).

the period of 30 days after the day the *Higher Education Tuition Protection Director gives notice under subsection (4); or

if the Director determines that exceptional circumstances apply:

any shorter period determined in writing by the Director; or

any longer period (not exceeding 12 months) determined in writing by the Director, and agreed to by the student.

an explanation of the matters the Director must have regard to under subsection (3);

an explanation of the student’s right to request reconsideration, under within 28 days after the day on which the student is given the notice;section 209-10, of the Director’s decision

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

a statement that, if the student does not apply for reconsideration, an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the student received for the *affected unit will be re-credited to the student’s *HELP balance.

for a replacement course—is granted credits for units of study of the *original course successfully completed by the student; and

if the student has been charged a *student contribution amount or a *tuition fee for an *affected unit—is not charged a student contribution amount or a tuition fee for the replacement unit or the replacement unit of the replacement course; and

is enrolled in the replacement unit or replacement course as soon as practicable.

the student’s full name and contact details;

the name of the replacement unit or replacement course (and *units of study) that the student is currently enrolled in;

any *student contribution amounts or *tuition fees charged to the student for the replacement unit or for any units of study of the replacement course;

details of the replacement unit or units of study of the replacement course successfully completed by the student;

details of the credits granted to the student for the replacement unit or for units of study of the *original course successfully completed by the student.

either of the following apply:

the Director decides, under paragraph 166-26B(2)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;

the person elects, under subparagraph 166-26B(4)(a)(iii), to have an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the person received for the unit re-credited to the student’s *HELP balance.

the *Higher Education Tuition Protection Director believes on reasonable grounds that the provider has information relevant to the Director’s functions under this Act; and

the Director, by written notice given to the provider, requests the provider to give the Director the information:

within the period (not shorter than 14 days after the notice is given) specified in the notice; and

in the manner specified in the notice.

the Higher Education Tuition Protection Director;

the Higher Education Tuition Protection Director;

the Higher Education Tuition Protection Director;