Higher Education Provider Guidelines 2023
11Internal review of notice issued under subsection 8(1)
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11 Internal review of notice issued under subsection 8(1)
(1) For the purposes of paragraph 19-66A(3)(g) of the Act, a higher education provider may request the Higher Education Tuition Protection Director to reconsider a notice issued under subsection 8(1) in relation to the determination of any components of the HELP tuition protection levy (decision). (2) The higher education provider’s request must be in writing and given to the Higher Education Tuition Protection Director within 14 days after the day on which the provider received the notice. (3) After receiving the request, the Higher Education Tuition Protection Director must reconsider the decision and: (a) confirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision. (4) The Higher Education Tuition Protection Director must ensure written notice of the Director’s decision (internal review decision) under subsection (3) is given to the higher education provider. (5) The notice of the internal review decision must: (a) be given within 7 days after the internal review decision is made; (b) contain a statement of the reasons for the internal review decision; and (c) if the decision is varied or set aside and a new decision substituted, include a new notice under subsection 8(1) with a due date at least 30 days after the date the provider is notified of the internal review decision. (6) For the purposes of paragraph 19-66A(3)(g) of the Act, an application may be made to the Administrative Appeals Tribunal for the review of the internal review decision.