Federal Register of Legislation - Australian Government

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Determinations/Other as made
This determination specifies requirements for a notice a provider must give reporting how they have discharged their obligations after a provider default.
Administered by: Education, Skills and Employment
Registered 28 Jun 2012
Tabling HistoryDate
Tabled HR14-Aug-2012
Tabled Senate14-Aug-2012

Education Services for Overseas Students (Provider default – discharge of obligations – requirements for a notice) Determination 2012 (No. 1)

Education Services for Overseas Students Act 2000

I, CHRIS EVANS, Minister for Tertiary Education, Skills, Science and Research,   pursuant to subsection 46F(5) of the Education Services for Overseas Students Act 2000 (the Act), specify the requirements for a notice given under  section 46F of the Act.

Dated        18th June                    2012

 

 

CHRIS EVANS
Minister for
Tertiary Education, Skills, Science and Research

 

1              Name of determination

                This determination is the Education Services for Overseas Students (Provider default – discharge of obligations – requirements for a notice) Determination 2012 (No. 1).

 

2              Commencement

                This determination commences at the same time as item 2 of the table under subsection 2(1) of the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012.

3              Definitions

                In this determination:

Act means the Education Services for Overseas Students Act 2000.

CoE means a confirmation of enrolment for a course issued by a provider to an overseas student or an intending overseas student.

Course has the same meaning as it has in section 5 of the Act.

PRISMS: has the same meaning as it has under Regulation 1.03 of the Education Services for Overseas Students Regulations 2001.

Tuition Fees has the same meaning as it has in section 7 of the Act.

 

4               Requirements of a notice – Provider default – discharge of provider obligations

For section 46F, the provider must enter for each CoE, the information below into the specified fields in PRISMS:

 

(a)      If the provider has not met their obligations in accordance with section 46D, the reasons for this;

 

(b)      If the provider has met their obligations in accordance with section 46D, whether this was under subsections (4) and (5) Arranging alternative courses or under subsections (6) and (7) Providing a refund;

 

(c)      If their obligations were met by arranging alternative courses:

                                                i.     the date the provider met their obligations;

                                              ii.     the CoE code of the alternative course accepted by the student (if known);  and

                                            iii.     confirmation that the provider has evidence of the student’s acceptance of an offer of a place in an alternative course.

 

(d)     If their obligations were met by providing a refund:

                                                i.     the amount of the refund; and

                                              ii.     the date the refund was paid.