Remission of Debt and Post Census Amendment of Enrolment Procedure

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Section 1 - Summary

(1) This Procedure outlines the administration of the remission of HECS-HELP and VET Student Loans, the re-credit of FEE-HELP and VET FEE-HELP loans, the refund of upfront fees, and the post-census amendment of enrolment.

Section 2 - HESF/ASQA/ESOS Alignment

(2) HESF: 1.1 Admissions, 2.4 Student Grievances and Complaints, 7.2 Information for Prospective and Current Students.

(3) ESOS Act: Part 3 Division 2; Part 5 Division 2.

(4) Standards for RTOs: Standard 5; 7; Schedule 6.

Section 3 - Scope

(5) This Procedure applies to:

1. All students and former students;
2. Staff who administer enrolments and remissions.

Section 4 - Definitions

(9) VET Student Loans

(12) Student Services and Amenities Fees (SSAF)

(14) Low Completion Rate: students who commenced their course of study in 2022 or later are subject to a 50% or greater pass rate rule, as defined by the Commonwealth Government on their Study Assist website.

Section 5 - Policy

Section 6 - Procedures

Part A - Summary of Roles and Responsibilities

Roles

Responsibilities

Part B - Procedures

Lodgment of Applications

(16) Completed application forms, along with supporting original or certified documentation attached must be lodged as per the Remission of Debt and Post-Census Amendment of Enrolment Policy via:

1. VUHQ, where they will be stamped and forwarded to the Enrolments Coordinator (EC), Enrolments; or
2. Registered/certified post to the Coordinator Enrolments, Victoria University, PO Box 14428, Melbourne, Vic, 8001.

(17) The EC will assess the application and will either:

1. Decline the application because it falls outside the guidelines; or
2. Remit the student’s debt (HECS-HELP); or
3. Re-credit the student’s debt (FEE-HELP, VET FEE-HELP, SSAF payment when paid up front and VET Student Loans);
4. Refund tuition where paid up front.

(18) Under section 71 of the VET Student Loans Act 2016 (Cth), a student may apply to the Secretary of the Department of Employment and Workplace Relations for VET HELP balance on the following grounds:

1. the provider, or a person acting on the provider’s behalf, engaged in unacceptable conduct in relation to the student’s application for the VET student loan;
2. the provider has failed to comply with the Act or an instrument under the Act and the failure has adversely affected the student.

(19) Applications for re-crediting must be:

1. made within 5 years after the census day for the course, or the part of the course, concerned, or within that period as extended by the Secretary;
2. the processes available to students in relation to reconsideration and review of decisions whether or not to re-credit FEE-HELP balances;
3. that there is no charge for reconsideration or review of decisions, other than review by the Administrative Appeals Tribunal;
4. that the Secretary may re-credit a student’s FEE-HELP balance in relation to special circumstances if a course provider:
   1. is unable to act or is being wound up or has been dissolved;
   2. has failed to act and the Secretary is satisfied that the failure is unreasonable.

   Assessment of Application

   (20) Applications for post-census remission of debt in exceptional circumstances will be considered by the CSF as per legislative requirements and Assessment of Compassionate, Compelling or Special Circumstances.

   Timeframe for Making Decisions

   (22) The EC must consider the student’s application as soon as practicable, but no later than 14 days after receipt.

   (23) In the case of a student with a Low Completion Rate requesting a review of Special Circumstances, the application will, where possible, be considered prior to the student’s next enrolled census date. If the outcome to the application for Special Circumstances is not able to be finalised prior to the next census date, the student will be ineligible for a Commonwealth Supported Place/FEE-HELP. The student may decide to withdraw from that study period and await the outcome of the application.

   Notification of Decision

   (24) The EC must notify the student of the decision. The notification must include:

   1. The basis for the decision; and,
   2. The right to a review of the decision if the student is unsatisfied with the outcome.

   (25) Where a decision results in the remitting, re-crediting or refunding of a student’s balance, the EC will:

   1. Notify the student of the decision in writing; and
   2. Arrange for the Enrolment team to request that the approved decision is reflected in the student’s enrolment record;
   3. The CSF will issue appropriate documentation and processes to refund or remit where appropriate; and
   4. Forward documents to Student Records for filing in accordance with the Records Management Policy.

   (26) Any refund will be made from the ledger account(s) originally credited with the funds.

   (27) The Manager, Student Lifecycle Operations and Reporting or nominated staff member will:

   1. Advise the relevant government department(s) of the remission.

   Review of Decisions

   (28) Students have a right to a review of the decision not to remit, re-credit or refund fees.

   (29) The Review Officer must occupy a different and more senior position to the officer who made the original decision, and must not have been part of the original decision. The Review Officer is the Associate Director Admission, Enrolments & Awards, or delegate.

   (30) The review application must be made within 28 days from the decision notification. The student must state why they are seeking a review.

   (31) The Associate Director Admission, Enrolments & Awards, or delegate must acknowledge receipt of the review request.

   (32) The Associate Director Admission, Enrolments & Awards, or delegate may:

   1. Confirm the decision;
   2. Vary the decision; or
   3. Make a new decision.

   (33) The Associate Director Admission, Enrolments & Awards or delegate will notify the student in writing of the reviewed decision, and the reason for reaching this decision with 45 days of receiving the application for review.

   (34) The Associate Director Admission, Enrolments & Awards or delegate will also notify students of:

   1. Their right to appeal to the Administrative Appeals Tribunal (the AAT) if the student is unsatisfied with the outcome; and
   2. The details of the nearest AAT registry.

   (35) If the decision is reviewed by the AAT, the Associate Director Admission, Enrolments & Awards or delegate must supply the AAT with all application documents via courier or Express Post within five days of notification.

   Requested Post-Census Enrolment Amendments by Colleges or Students

   (36) The University may only make amendments to a HE enrolment after the census date when:

   1. Exceptional circumstances apply; or
   2. An administrative error has occurred.

   (37) A College representative may forward a request for post-census amendment to the Manager Enrolments and Progress for consideration.

   (38) The request must include the circumstances of the amendment, and may include:

   1. A requested enrolment update was not processed in a timely manner;
   2. The unit of study is not being delivered in this study period/year.

   (39) Each request is considered on its own merits and a fee determined by the Fees Policy is charged for each amendment made to contribute to administrative costs.

   1. Amendments made as the result of data entry error do not attract a fee.