Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 31

Section applies if provider defaults

             (1)  This section applies in a situation covered by subsection 27(1).

Provider may arrange alternative course

             (2)  As an alternative to making a payment required by this Division, the registered provider (or former registered provider) may arrange for the student to be offered a place in an alternative course at the provider's expense.

             (3)  The provider is relieved of its liability to make the payment if the student accepts, in writing, the offer under subsection (2).

Note:          A call is not made on the Fund in respect of the original course if:

(a)           the student accepts the offer (see paragraph 76(1)(a)); or

(b)           the alternative course is a suitable alternative course (whether or not the student accepts the offer) (see paragraph 76(1)(c)).

Tuition assurance scheme may arrange suitable alternative course

             (4)  As an alternative to the registered provider (or former registered provider) making a payment required by this Division, a tuition assurance scheme that covers the course may arrange for the student to be promptly offered a place in a suitable alternative course.

Note:          Not all courses are required to be covered by a tuition assurance scheme: see subsection 22(3).

             (5)  The provider is relieved of its liability to make the payment if the student accepts, in writing, the offer under subsection (4).

Note:          A call is not made on the Fund in respect of the original course: see paragraph 76(1)(c).