12When a higher education provider defaults in relation to a student

12 When a higher education provider defaults in relation to a student

(1) For the purposes of subsection 166-10(3) of the Act, a higher education provider defaults in relation to a student if the following circumstances apply in relation to the provider and the student: (a) the student is enrolled in a course of study with that provider and is not enrolled in any units of study within that course; and (b) the provider fails to commence the course on the day the course was scheduled to start or ceases to provide the course on a day after the course starts but before it is completed; and (c) unless subsection (2) applies in relation to the student, either: (i) the student was previously enrolled in one or more units of study for that course and the census date for each of those units of study was 24 months or less before the date on which the provider fails to commence the course or ceases to provide the course; or (ii) the student was not enrolled in any prior units of study within that course and the date on which the student enrolled in the course was 24 months or less before the date on which the provider fails to commence the course or ceases to provide the course. (2) This subsection applies in relation to the student where: (a) the student was unable to enrol in any units of study in the applicable 24 month period referred to in paragraph (1)(c) because of the student’s personal circumstances, including but not limited to the student’s medical, financial or employment circumstances; or (b) the student was unable to enrol in any units of study in the applicable 24 month period referred in paragraph (1)(c) because of the circumstances of the student’s family, including but not limited to the family’s medical, financial or employment circumstances.