Reviewable VET FEE -HELP Decisions
Decisions regarding re-crediting a student’s VET FEE HELP balance are reviewable. A review of a decision may be requested by the student affected by the original decision.
There are several times when a student may apply to get their VET FEE HELP balance re-credited. The first is if Hope College ceases to be able to provide the course of study that the student has enrolled in for any reason. This is covered in Hope College’s VET FEE HELP Guarantee (see section 12 C).
The other time that a student may apply to get their VET FEE HELP balance re-credited is when a student has been enrolled in a VET unit of study at Hope College and has failed to complete the VET unit successfully in the timeframe allowed, if there are special circumstances that apply to that student to which Hope College agrees are unique and caused the student to be unable to complete the course of study.
This type of review needs to be requested in writing to the student registrar by the student within a period of twelve months from when the student was to complete the VET unit of study . This timeframe may be extended if Hope Colleges sees that there are circumstances that allow for such an extension.
Hope College Review of Decision
Students have the right to apply for a review of a decision by Hope College to not re-credit or remit their VET FEE HELP balance.
Hope College informs students to submit a request for review of a decision to not re-credit their VET FEE HELP Balance.
The time limit for applying for a review of a decision is 28 days from the day the students first received notice of the decision, or such longer period as the reviewer allows. The students must state the reasons why they are applying for a review.
Hope College then acknowledges receipt of the application for review of a decision to not re-credit or remit their VET FEE HELP balance in writing, and informs the applicants that, if the reviewer has not advised the applicants of a decision within 45 days of receiving the application for review, the reviewer is taken to have confirmed the original decision.
Hope College has appointed the Assistant Principal as the review officer who is not the same as the Student Registrar who makes the original decision and who occupies a position that is senior to that occupied by the Student Registrar as the original decision-maker.
The Assistant Principal reconsiders the decision to confirm the decision, vary the decision, or set the decision aside and substitute a new decision.
Hope College will re-credit or remit if it is satisfied that special circumstances apply to the students that were beyond the students’ control; did not make its full impact on the students until on, or after the census date; and made it impracticable for the students to complete the requirements for the VET unit of study in the period during which the students undertook, or was to undertake the VET unit of study .
Hope College notifies the students, in writing, of the Assistant Principal’s decision and reasons for making the decision of confirming the decision, varying the decision, or setting the decision aside and substituting a new decision.
Hope College advises the students of their right to appeal to the Administrative Appeals Tribunal (AAT) for a review of the Assistant Principal’s decision if the students are unsatisfied with the outcome and provide the applicant with the contact details, and address of the nearest AAT registry and the approximate costs of lodging an appeal.
The contact details of the closest AAT depend on where students reside because external students are located all over Australia. That is why the contact details of all AATs are listed:
Australian Capital Territory
- Street Address: 4th Floor, Canberra House, 40 Marcus Clarke Street, Canberra City ACT 2600
- Postal Address: GPO Box 9955 Canberra ACT 2601
- Tel: 6243 4611 (metropolitan area) / 1300 366 700 (country areas)
- Fax: 6243 4600
- E-mail: email@example.com
New South Wales
- Street Address: Level 7, City Centre Tower, 55 Market Street, Sydney NSW 2000
- Postal Address: GPO Box 9955 Sydney NSW 2001
- Tel: 9391 2400 (metropolitan area) / 1300 366 700 (country areas)
- Fax: 9283 4881
- E-mail: firstname.lastname@example.org
Northern Territory and Queensland
- Street Address: Level 4, Harry Gibbs Building, Commonwealth Law Courts, 119 North Quay, Brisbane QLD 4000
- Postal Address: GPO Box 9955 Brisbane QLD 4001
- Tel: 3361 3000 (metropolitan area) / 1300 366 700 (country areas)
- Fax: 3361 3001
- E-mail: email@example.com
- 11th Floor, Chesser House, 91 Grenfell Street, Adelaide SA 5000
- Postal Address: GPO Box 9955 Adelaide SA 5001
- Telephone: 8201 0600 (metropolitan area) / 1300 366 700 (country areas)
- Fax: 8201 0610
- E-mail firstname.lastname@example.org
- Ground Floor, Edward Braddon Building, Commonwealth Law Courts, 39-41 Davey Street, Hobart TAS 7000
- Postal Address: GPO Box 9955, Hobart TAS 7001
- Tel: 6232 1712 (metropolitan area) / 1300 366 700 (country areas)
- Fax: 6232 1701
- E-mail: email@example.com
- Level 16, HWT Tower, Southgate, 40 City Road, Southbank VIC 3006
- Postal Address: GPO Box 9955 Melbourne VIC 3001
- Tel: 9282 8444 (metropolitan area) / 1300 366 700 (country areas)
- Fax: 9282 8480
- E-mail: firstname.lastname@example.org
- Level 5, 111 St Georges Terrace, Perth WA 6000
- Postal Address: GPO Box 9955, Perth WA 6848
- Tel: 9327 7200 (metropolitan area) / 1300 366 700 (country areas)
- Fax: 9327 7299
- E-mail: email@example.com
The cost of appealing to the AAT is between $100.00 and 777.00. To determine the exact fee that applies to the following link needs to be accessed: http://www.aat.gov.au/docs/AATfeesNov10.pdf.Hope College publishes and makes publicly available its student review procedures on its brochures and website.
Reconsideration by the Administrative Appeals Tribunal
Students may make an application to the AAT for a reconsideration of Hope College’s decision to refuse to re-credit their Fee-Help balance, and may supply additional information to the AAT that they did not previously supply to the Hope College (including the Assistant Principal).
The Secretary of DEEWR, or the Secretary’s delegate, will be the respondent for cases that are before the AAT. When DEEWR receives notification of application to the AAT it may choose to review the original decision. Once DEEWR has received notification from the AAT that the students have applied for the reconsideration under section 37 of the Administrative Appeals Tribunal Act 1975 (AAT Act), the Secretary must, within 28 days, lodge the following documents with the AAT:
- a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and
- every document or part of a document that is in the reviewer’s possession or under the reviewer’s control and is considered by the reviewer to be relevant to the review of the decision by the AAT
Upon receipt of a notification from the AAT, DEEWR will notify Hope College, in writing, that an appeal has been lodged. To enable DEEWR to meet the 28-day timeframe, Hope College must, within a further 5 business days of being requested, provide DEEWR with copies of all the documents it holds that are relevant to the appeal. These documents should be sent to DEEWR by courier or Express Post to meet the 5 day requirement. Hope College should keep any originals and copies of the documents in accordance with its normal recording keeping practices.
Under clause 95(2)(b) of Schedule 1A of HESA, Hope College may still reconsider matters that are before the AAT (i.e. at any time up until the AAT makes a final decision) and must advise DEEWR if a decision is made to re-credit a person’s VET FEE HELP balance. However, until students withdraw their AAT appeal, or the appeal is dismissed or otherwise dealt with by the AAT, DEEWR is still required to comply with the requirement under section 37 of the AAT Act to lodge the statement, and relevant documents described in the two dot points above, with the AAT. Therefore, Hope College must still forward all relevant documents to DEEWR within the 5 business days, unless advised not to do so by DEEWR. DEEWR will deal with cases from that point and advise Hope College of the outcome.