Schedule B — Matters relating to the paySchedule B — Matters relating to the payment of the fees listed in Schedule A

Schedule B – Matters relating to the payment of the fees listed in Schedule A

3. Refund of application / assessment fees

(a) A person who has paid an application fee is entitled to a refund of the amount paid if, before the National VET Regulator has commenced work on the application, the person notifies the Regulator in writing that they wish to withdraw their application and the Regulator has received the notification.

(c) A person who has paid a fee in relation to the assessment of an application is entitled to a refund of the amount paid if, before the National VET Regulator has commenced assessment of the application, the person notifies the Regulator in writing that they wish to withdraw their application and the Regulator has received the notification.

(d) If the National VET Regulator has not received written notification in accordance with subsection 3 (a) or (c) of this section, the person shall not be entitled to a refund / reduction of the relevant fee(s).

(e) A person who has paid the fee in relation to an application under paragraph 200(3)(c) of the Act is entitled to a refund of the amount paid if the National VET Regulator does not consider the application because the application does not relate to a reviewable decision within the meaning of section 199 of the Act.

(f) A fee is not refundable if an application is determined but rejected by the National VET Regulator.

(g) Despite subsection (d) or (f), a fee paid under the Act or the ESOS Act may be refunded, in whole or in part, where, in the National VET Regulator’s opinion, special or unusual circumstances exist that cause the fee to be unreasonable or inequitable.

(h) To avoid doubt, circumstances related to the COVID-19 pandemic are special or unusual circumstances which could cause the fee to be unreasonable or inequitable for the purposes of subsection (g).

4. Off-set of fees

The amount of any refund a person would otherwise be entitled to may be reduced by any other amount which the person owes to the National VET Regulator.

5. Waiver of a fee

(a) If the National VET Regulator has delegated particular function(s) specified in subsections 224(2), 225(1) and 226(1) of the Act, the fees prescribed in Schedule A are waived in relation to functions which are performed under the delegation.
(b) When an NVR registered training organisation applies simultaneously for a change of scope of registration for both registrations (RTO and CRICOS), for the same qualifications, the National VET Regulator will apply a single application fee, which will be the higher of the two.

(c) When a registered provider applies simultaneously for one or more additional delivery sites and an increase in their approved CRICOS student capacity, only the delivery site fees are payable.

(e) A fee that would otherwise be payable under the Act or the ESOS Act may be waived, in whole or in part where, in the National VET Regulator’s opinion:
(i) special or unusual circumstances exist which would cause the fee to be unreasonable or inequitable; or
(ii) the amount of the fees that remain unpaid is so small that its recovery would be uneconomical to pursue.