27Recovery of Indigenous Commonwealth Scholarship amounts

27 Recovery of Indigenous Commonwealth Scholarship amounts

(1) Subject to subsection (2), a higher education provider must take steps to recover an amount of an Indigenous Commonwealth Scholarship that has not been exhausted if: (a) a higher education provider terminates the scholarship under section 26 of these Guidelines; or (b) the scholarship recipient transfers his or her course of study from the provider to a different higher education provider; or (c) the scholarship is an Indigenous Commonwealth Accommodation Scholarship and the scholarship recipient has deferred his or her course of study. (2) If a higher education provider determines that the recipient of an Indigenous Commonwealth Scholarship had valid reasons for the circumstances resulting in termination or transfer, or the recipient would suffer severe financial hardship as a result of recovery under subsection (1), the provider may: (a) elect not to recover a scholarship amount that has not been exhausted; or (b) accept the return of an amount that is less than the total of the scholarship amount that has not been exhausted. (3) For the purposes of subsection (2), valid reasons include, but are not limited to: (a) the scholarship recipient develops an illness or injury that prevents the recipient continuing with the course of study for which the scholarship was awarded; (b) the scholarship recipient is required to provide care or support for a member of the recipient’s immediate family or household because of an illness or injury of that member or an unexpected emergency affecting that member; (c) a member of the scholarship recipient’s immediate family or household contracts or develops an illness or injury that poses a serious threat to that member’s life; (d) death of a member of the scholarship recipient’s immediate family or household. (4) If a higher education provider elects not to recover a scholarship amount that has not been exhausted or accepts the return of an amount that is less than the total of the scholarship amount that has not been exhausted, the provider must: (a) document the reasons why the whole amount was not recovered on the student’s file; and (b) if requested by an administering officer, provide a copy of the reasons to the officer within 10 business days of the receipt of the request. (5) Subject to the Act and these Guidelines, a higher education provider that recovers an amount of an Indigenous Commonwealth Scholarship other than a preserved Indigenous Commonwealth Scholarship may use the amount recovered for any or all of the activities specified in these Guidelines. (6) A higher education provider that recovers an amount of a preserved Indigenous Commonwealth Scholarship awarded under subsection 28(4) of these Guidelines must not use the amount for any subsequent activity.

Note: Under section 164-15 of the Act, the Commonwealth may deduct an overpayment of an amount made to a higher education provider from any amount that is payable or to be paid to the provider, or recover the overpayment as a debt due to the Commonwealth.