Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 97.42

  (1)   A higher education provider must, on the * Secretary's behalf, re - credit a person's * HELP balance with an amount equal to the amounts of * HECS - HELP assistance that the person received for a unit of study if:

  (a)   the person has been enrolled in the unit with the provider; and

  (b)   the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider * defaulted in relation to the person and the unit; and

  (c)   Part   5 - 1A applied to the provider at the time the provider defaulted in relation to the person; and

  (d)   any of the following apply:

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

  (ii)   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;

  (iii)   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;

  (iv)   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.

Note:   A HECS - HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re - credited: see subsection   137 - 5(5).

  (2)   The * Secretary may re - credit the person's * HELP balance under subsection   (1) if the provider is unable to do so.