FEE-HELP Review and Appeals Procedures

The document describes the College's processes and procedures for handling the refund of paid tuition fees and/or re-credit of FEE-HELP balance, and the review of associated decisions. It covers:

• informal enquiries from students concerning FEE-HELP;
• formal requests from students for refund of paid tuition fees and/or re-credit of FEE-HELP balance; and
• formal review of decisions associated with refund of paid tuition fees and/or re-credit of FEE-HELP balance.

• the Higher Education Support Act (HESA);
• the Higher education Provider Guidelines (HEP); and
• the FEE-HELP Guidelines.

Where a request to re-credit a student's FEE-HELP balance is granted, a student's FEE-HELP debt is removed in respect of the applicable units studied.

The College will consider these applications and agree to such request if it is satisfied that there were special circumstances in the student's case.

The College will refund to the Commonwealth the amount of FEE-HELP paid to the College on behalf of the student, if the student's request is successful. The College will notify the Department of Education, Science and Training (DEST) through the HELP Variations File.

Re-crediting of FEE-HELP Balance

A student may apply after the census date to have their FEE-HELP balance re-credited if the student has been unable to complete the requirements of a unit of study and the student believes that this was due to special circumstances.

Special circumstances need to be:

• Beyond a person's control AND
• Do not make their full impact until on or after the census date for the unit of study in question AND
• Make it impracticable for a person to complete the requirements for the unit of study.

The situation must be unusual, uncommon or abnormal to be considered special circumstances.

• For circumstances to be beyond a person's control, the situation occurs which a reasonable person would consider which is not due to the person's action or inaction, either direct of indirect, and for which the person is not responsible.
• The College needs to be satisfied that a person's circumstances did not make their full impact on the person until on or after the census date for a unit of study if the person's circumstances occur:
  • Before the census date but worsen after that day;
  • Before the census date, but the full effect of magnitude does not become apparent until on or after that day; or
  • On or after the census date.
• Special circumstances which would make it impracticable for the student to complete the requirements for the unit of study would include:
  • Medical circumstances: where a student's medical condition has changed to such an extent that he or she is unable to continue studying; or
  • Family/Personal circumstances: death or severe medical problems within a family, or unforeseen family financial difficulties, so that it is unreasonable to expect a student to continue studies; or
  • Employment related circumstances: where a person's employment status or arrangements have changed so that the person is unable to continue his or her studies, and this change is beyond the person's control; or
  • Course related circumstances: where the College has changed the unit it had offered and the person is disadvantaged by either not being able to complete the unit, or not being given credit towards other units or courses.

A student is unable to complete the requirements for a unit, for example, if the student is unable to:

• undertake the necessary private study required; or
• attend sufficient lectures or tutorials; or
• meet other compulsory attendance requirements in order to meet their compulsory course requirements; or
• complete the required assessable work; or
• sit the required examinations; or
• complete any other course requirements because of their inability to meet the above.

A student can apply to the College to have their FEE-HELP balance re-credited if he or she withdraws from his or her studies after the census date and/or the student has not completed the requirements for the unit of study. The student must apply in writing, within 12 months of the withdrawal date, or if the student has not withdrawn, within 12 months of the period of study in which the unit was, or was to be, undertaken.

The College has the discretion to waive this requirement if satisfied that the application could not be made within the time limit. The College's Student Support Counsellor will consider the student's application within 10 working days. Applicants will be notified of the decision within a further 10 working days.

If your application is successful, the Notice of Decision letter will include the reasons for the decision to refund your paid tuition fees and/or re-credit your FEE-HELP balance; the FEE-HELP balance that will be re-credited and the FEE-HELP debt that will be reduced (if applicable); the upfront payment amount that will be refunded if you have made such a payment; and who to contact for further questions.

If your application is unsuccessful, the Notice of Decision letter will include the reasons for the decision not to refund your paid tuition fees and/or re-credit your FEE-HELP balance; how to submit a valid request for a review of this decision; and who to contact for further questions.

Review Procedure: FEE-HELP

Coverage

This procedure deals with requests for a review of certain decisions made by the College relating to applications by students to re-credit their FEE-HELP balance or Student Learning Entitlement (SLE). Such decisions refer to unsuccessful applications by a student to re-credit their FEE-HELP balance or Student Learning Entitlement (SLE). Review means formal reconsideration of a decision.

Review Procedure

These procedures are to be published in the Student handbook and on the College website so that students have up to date information publicly available to them in regard to these procedures.

At the College the review officer is the Managing Director or his delegate. Where a student is not satisfied with the decision made by the College, they may apply for a review of the decision. Reviewable decisions include:

• Refusal to re-credit some or all of a student's student learning entitlement for a unit of study,
• Refusal to re-credit a student's FEE-HELP balance.

If a student is not satisfied with the outcome of their request for a re-credit of their FEE-HELP balance, they may appeal in writing to the Registrar within 28 days from the day they first receive notice of the outcome. The request must specify reasons for seeking the review. The request will be forwarded to the reviewer (the Managing Director or delegate).
The College will acknowledge receipt of an application for review of a reviewable decision in writing and inform the applicant that they will be advised in writing of a decision within 45 days.

Written notice of the outcome of a reviewed decision relating to FEE-HELP will be given to an applicant for review. If your application for review of the decision is successful, the Notice of Decision letter will include the reasons for the decision to refund your paid tuition fees and/or re-credit your FEE-HELP balance; the FEE-HELP balance that will be re-credited and the FEE-HELP debt that will be reduced (if applicable); the upfront payment amount that will be refunded if you have made such a payment; and who to contact for further questions.

Appeals Procedure: FEE-HELP

If a student's application for review of the decision is unsuccessful, the Notice of Decision letter will include the reasons for the decision not to refund the student's paid tuition fees and/or re-credit your FEE-HELP balance. The notice will also inform the applicant of their right of appeal to the Administrative Appeals Tribunal (AAT) and provide details about contacting the AAT and the approximate costs of making an application.