VET STUDENT LOANS

1. INCURRING A VET STUDENT LOAN DEBT

1.1 A Student who is, or would be, eligible for VET Student Loans and has requested VET Student Loans Assistance, who withdraws from a Subject/Unit of Study on or before the census date will not incur a VET Student Loan debt for the tuition fees for that Subject/Unit of Study.

1.2 Students who have requested VET Student Loan Assistance who remain enrolled after the published census date will incur a VET Student Loans debt for the Subject/Unit of Study in which they are enrolled.

1.3 A Student who withdraws from a Subject/Unit of Study after the published census date for that Subject/Unit of Study will incur a VET Student Loans debt for that Subject/Unit of Study.

2. RE-CREDITING A FEE-HELP BALANCE

2.1 If you withdraw from a Subject/Unit of Study after the published census date, or fail to complete a Subject/Unit of Study, you may apply to have your FEE-HELP balance re-credited with respect to the Subject/Unit of Study if you believe special circumstances apply in accordance with the following procedures

3. SPECIAL CIRCUMSTANCES

3.1 If you withdraw from a Subject/Unit of Study after the published census date for

that Subject/Unit of Study, or have been unable to successfully complete a Course/Subject/Units of Study, and believes this was due to special circumstances, you may apply to have your FEE-HELP balance re-credited for the affected Course/ Subject/Units of Study under Section 68 of the Act.

3.2 The institute will re-credit your FEE-HELP balance if it is satisfied that special circumstances apply where:

1. a) These circumstances were beyond your control; and
2. b) These circumstances did not make their full impact on you until on, or after the census date for that Subject/Unit of Study; and
3. c) These circumstances were such that it was impracticable for you to complete the requirements for the Subject/Unit of Study in the period during which you undertook or were to undertake the Subject/Units of Study.

3.3 For circumstances to be beyond your control, the situation should be that which a reasonable person would consider is not due to your action or inaction, either direct or indirect, and for which you are not responsible. The situation must be unusual, uncommon or abnormal to be considered special circumstances.

3.4 Special circumstances do not include: lack of knowledge or understanding of requirements for VET Student Loans assistance; or your incapacity to repay a VET Student Loans debt (repayments are income contingent and you can apply to the Australian Taxation Office for a deferral of a compulsory repayment in certain circumstances).

4. RE-CREDIT OF A STUDENT FEE-HELP BALANCE THE PROCESS

4.1 Each application for re-credit of your FEE-HELP balance will be considered on its merits together with all supporting documentation substantiating the special circumstances claim.

4.2 The Training Coordinator is the designated officer responsible for the assessment of your request for a re-credit of your FEE-HELP balance due to special circumstances and for the initial decision regarding the request.

4.3 You must apply in writing to the Training Coordinator at: [email protected] within 12 months of the withdrawal date, or if you have not withdrawn, within 12 months of the specified completion date of the Subject/Unit of Study.

4.4 The institute has the discretion to waive this requirement if it is satisfied that it was not possible for the application to be made within the 12-month period. Relevant supporting documentation will be required to substantiate your claim.

4.5 Your application for re-crediting a FEE-HELP balance must include details of the Subject/Unit of Study for which you are seeking to have a FEE-HELP balance re-credited; and special circumstances as referred to above, including supporting documentation.

4.6 The institute will consider each application within 28 days of receipt of the application. The institute will consider each request to re-credit a FEE-HELP balance in accordance with the act. Applicants will be notified in writing of the decision within 28 days.

5. REVIEW OF DECISION

5.1 Where the institute decides NOT to re-credit your FEE-HELP balance that decision may be subject to review in accordance with this Procedure.

5.2 If you are not satisfied with the decision made by the institute you may apply, within twenty-eight (28) days of the receipt of the original decision at no charge, for a review of the decision. The application for review must:

1. a) be made within twenty-eight (28) days of receipt of the original decision;
2. b) include the date of the original decision;
3. c) state fully the reasons for applying for the review; and
4. d) include any additional relevant evidence.

5.3 Applications should be made in writing to the RTO Manager, at: [email protected] as the designated Review Officer of any decisions relating to a request for re-crediting of a FEE-HELP balance. The Review Officer is senior to the designated officer responsible for the original decision and will not have been involved in making the original decision to be reviewed.

5.4 The Review Officer will:

1. a) acknowledge receipt of the application for review of a decision in writing within ten (10) working days; and
2. b) inform you that if the Review Officer has not advised you of a decision within forty-five (45) days of receipt of the application for review, it is taken that the Review Officer has confirmed the original decision.

5.5 The Review Officer will then:

1. a) Review the information from the original decision and then assess any new evidence provided by you;
2. b) Provide written notice to you of the decision, setting out the reasons for the decision;
3. c) Inform you of your right to apply to the Administrative Appeals Tribunal if you disagree with the Review Decision and the timelines involved (see below)

6. STUDENT MAY APPLY FOR RE-CREDITING BY SECRETARY OF THE DEPARTMENT

6.1 You may apply to the Secretary for the Student’s FEE-HELP balance to be re-credited under section 71 of the VET Students Loans Act.

6.2 Your application must be in writing and meet any requirements set out in the FEE-HELP re-crediting rules.

6.3 Your applications for re-crediting under Section 71 of the VET Students Loans Act must be made within five years of the census date of the Subject/Unit of Study.

7. RECONSIDERATION BY THE ADMINISTRATION APPEALS TRIBUNAL

7.1 At the time of the original decision, and at the time of the subsequent review decision, you will be notified of your review rights and responsibilities. The Training Coordinator will inform you in writing of your right to appeal to the Administrative Appeals Tribunal (AAT) if you are not satisfied with the outcome the contact details of the closest AAT office and the approximate costs of lodging an appeal. Your application must be lodged at the AAT within twenty-eight (28) days of receiving written notice of the review decision. This time limitation can be extended in limited circumstances by order of the AAT.

7.2 Full details of the application process and fees payable are available on the AAT’s website: www.aat.gov.au. Applications cannot proceed until the fee has been paid or waived. Applications for fee waiver must be made to the AAT. Refer to the AAT website for more details.

7.3 Details of the closest AAT office can be found on the AAT’s website.

7.4 The Secretary of the Department, or the Secretary’s delegate, will be the respondent for cases that are brought before the AAT. Upon the Department’s receipt of a notification from the AAT, the Department will notify the Institute that an appeal has been lodged. Upon receipt of this notification from the Department, the Review Officer will provide the Department with copies of all the documents that are relevant to the appeal within ten business days.