​Procedure Statement

This procedure applies to all students who are, or would be entitled to VET FEE-HELP.  It sets out the actions required where a student may request a review of a decision to not re-credit their FEE-HELP balance.

The purpose of this procedure is to ensure compliance with Higher Education Support Act 2003 VET Provider Guidelines 6.15 Requirements for reviewing decisions of a VET provider in relation to assistance under Schedule 1A of the Act.

Definitions

HESA               Higher Education Support Act 2003

VET FEE HELP    VET FEE-HELP is a loan scheme for the Vocational Education and Training (VET) sector that is part of the Higher
                      Education Loan Program (HELP). VET FEE-HELP assists eligible students undertaking certain VET courses of study
                      (diploma, advanced diploma, graduate certificate and graduate diploma courses). It allows them to borrow funds 
                      up to their FEE-HELP limit to help pay for all or part of their tuition fees. Students who access VET FEE-HELP 
                      assistance will have a loan with the Australian Government who will, on the student’s behalf, pay their tuition 
                      fees to their approved VET provider. 

Contents

1. Application
2. Response
3. Further action available through the Administrative Appeals Tribunal
4. Associated Documents
5. Continuous Improvement
6. Flowchart/s

1. Application

For a Review of a decision relating to a VET FEE-HELP balance a student must apply in writing to the Executive Director – Education and Training within 14 days of the decision being made, using the Review of VET FEE-HELP Decision Application Form (FSA021) available via the Institute’s public website 

2. Response

The Executive Director, Education and Training is responsible for conducting the review of the original decision.  (As required by HESA 2003, The Executive Director, Education and Training holds a position senior to that of the Manager Student Administration who is responsible for making the original decision – refer Bendigo TAFE Organisational structure)

The Executive Director, Education and Training will confirm receipt of the application within 7 days.  The letter will include the information that, where no response has been received within 45 days, it should be taken that the reviewer has confirmed the original decision.

The Executive Director, Education and Training will provide a full response to the applicant, including reasons for the decision, within 45 days.

Responses may include:

• confirmation of original decision;
• a variation to the original decision;
• the original decision being set aside and a new decision made.

Where no response is provided, it is taken that the reviewer has confirmed the original decision.

3. Further action available through the Administrative Appeals Tribunal

If an applicant is unsatisfied with the outcome of a decision, they have the right to appeal to the Administrative Appeals Tribunal for a review of the reviewer’s decision.  Contact details for the Administrative Appeals Tribunal are detailed below.

Upon receiving notification from DEEWR that an appeal has been lodged, the Executive Director, Education and Training will provide DEEWR with copies of all documents relevant to the appeal within 5 business days of their request.  To ensure compliance with the 5 day requirement, the Institute will send documents via courier or Express Post.

Administrative Appeals Tribunal

Contact details: 

Administrative Appeals Tribunal
Level 16, HWT Tower, Southgate
40 City Road
Southbank VIC 3006

Telephone    (03) 9282 8444 (metropolitan area) 
                  1300 366 700 (country areas)
Fax             (03) 9282 8480
Online          http://www.aat.gov.au

Application fees

If you apply to the Administrative Appeals Tribunal for review of a decision, you may have to pay an application fee of $777. Your application cannot proceed until you pay the application fee or the fee has been waived. The application fee is refunded when the review is completed if the AAT decides that it is finalised in your favour.

(This information is correct at time of writing, for further information please contact the AAT directly)

4. Associated Documents

FSA021 Review of VET FEE-HELP Decision Application Form
FSA022 Review of VET FEE-HELP letter confirming receipt of application
FSA023 Review of VET FEE-HELP letter confirming decision of review

5. Continuous Improvement

For suggestions and improvements: quality@britafe.vic.edu.au

6. Flowchart/s

Not applicable.

Warning – Uncontrolled when printed. The current version of this document is kept on the BMS.

Authorised by: Executive Management Committee                                                                      Original Issue: 27/04/2009
Maintained by: Manager – Student Administration                                                                   Current Version:  04/11/2010
Review Date: November 2010                                                                                                      Procedure No. Proc725