VET Student Loans Rules 2016
Part 8Re‑crediting HELP balances
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Part 8—Re‑crediting HELP balances
Division 1—Re‑crediting by course provider
144 Purpose of this Division
This Division is made for the purposes of section 68 of the Act.
145 Circumstances to which the provider must have regard
In determining whether circumstances are special circumstances because they make it impracticable for the student to complete the requirements for the course, or the part of the course, during the student’s enrolment in the course, or the part of the course, the provider must have regard to the following: (a) whether the student could do enough of the following to meet course requirements: (i) private study; (ii) attending training sessions and other activities; (iii) engaging online; (b) whether the student could complete any assessments, or demonstrate any competencies, required; (c) whether the student could complete any other requirements arising because of the student’s inability to do things described in paragraphs (a) and (b).
146 Circumstances to which the provider may have regard
(1) In determining whether circumstances are special circumstances because they make it impracticable for the student to complete the requirements for the course, or the part of the course, during the student’s enrolment in the course, or the part of the course, the provider may have regard to one or more of the following: (a) medical circumstances of the student; (b) circumstances that relate to the student personally or to the student’s family; (c) circumstances relating to the student’s employment. (2) Subsection (1) does not limit the circumstances to which the provider may have regard.
147 Special circumstances application in relation to replacement component of replacement course
If a student applies under section 68 of the Act for a re‑credit of the student’s HELP balance in relation to a replacement component of a replacement course, the tuition fees paid for the affected part of the original course are taken to have been paid for the replacement component.