FEE-HELP Re-Crediting and Remission Policy
Information for students seeking FEE-HELP re-crediting and remission
Students who withdraw from their studies after the census date can apply to have their FEE-HELP balance re-credited. A person can only be assessed for re-crediting and remission if the person:
- Has been enrolled in the unit with the university; and
- Has not completed the requirements for the unit of study; and
- Applies in writing to the university within 12 months of withdrawal or the end of the study period. Where the university allows a person to defer completion of their studies, the 12 month period applies from the end of the extended period.
A person cannot apply for a re-credit or a remission if they have successfully completed the unit.
Special circumstances
The university must re-credit or remit if the university is satisfied that special circumstances apply to the person that are:
- Beyond the person’s control;
- Do not make their full impact on the person until on, or after, the census date; and
- Make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.
The university will refer to Chapter 5 of the Student Learning Entitlement Guidelines (Higher Education Support Act 2003) which specifies the circumstances in which a provider will be satisfied that special circumstances apply to the person.
Special circumstances do not include, for example:
- Lack of knowledge or understanding of requirements under the FEE-HELP scheme; or
- A person’s incapacity to repay a HELP debt, as repayments are income contingent and the person can apply for a deferral of a compulsory repayment in certain circumstances.
Procedure
The written request for re-credit should clearly state the units for which the FEE-HELP balance re-credit is being sought together with an explanation of the circumstances leading to the request. The written request should be addressed to:
Manager, International Students & Financial Aid
Carnegie Mellon University
H. John Heinz III School of Public Policy & Management, Australia
It is advisable that a copy be kept for personal records.
Timeframe for making decisions
Notifying students of the decision
The university will notify the person of its decision and the reasons for making the decision. The university will also advise the applicant of their rights for a review of the decision if the applicant is unsatisfied with the outcome. The student must be advised that the time limit for applying for a review of a decision is 28 days from the day the person first received notice of the decision.
Notifying DEST of the decision
Where a decision results in the re-crediting of a person’s FEE-HELP balance, the remission of a person’s HELP debt, and/or the refund of a person’s up-front payments, the university will notify DEST. The university will repay the Commonwealth any amounts of FEE-HELP assistance the university received from the Commonwealth on the person’s behalf. The university has the discretion to refund any up-front payments the person made in respect of the unit in accordance with its own rules.
Review of decisions
Provider review of decision
A person has the right to apply (in writing) for a review of a decision not to re-credit or remit. The time limit for applying for a review of a decision is 28 days from the day the person first received notice of the decision. The person must state the reasons why they are applying for a review. The university will:
- Acknowledge receipt of the request for a review in writing;
- Appoint a review officer who is not the same officer who made the original decision and who occupies a position that is senior to that occupied by the original decision maker;
- Notify the person, in writing, of the reviewer’s decision and the reviewer’s reasons for making the decision;
- Advise the person of their right to appeal to the Administrative Appeals Tribunal (AAT) for a review of the reviewer’s decision if the applicant is unsatisfied with the outcome; and
- Provide the applicant with the contact details and address of the nearest AAT registry.
If the reviewer has not advised the applicant of a decision within 45 days of receiving the application for review, the reviewer is taken to have confirmed the original decision.
Reconsideration by the AAT
A person may make an application to the AAT for a reconsideration of the university’s decision to refuse to re-credit or remit, and may supply additional information to the AAT that they did not previously supply to the university (including the university’s reviewer).
The Secretary of DEST, or his or her delegate, will be the respondent for cases that are before the AAT. The AAT will advise DEST that a person has applied for reconsideration. The Secretary must, within 28 days, lodge a statement and supporting documents with the AAT.
Upon receipt of notifications from the AAT, DEST will notify the university, in writing, that an appeal has been lodged. To enable DEST to meet the 28-day timeframe, the university must, within a further 5 business days, provide DEST with copies of all the documents it holds that are relevant to the appeal. DEST will deal with cases from that point on and advise the university of the outcome.
Under section 209-5(2)(b) of the Higher Education Support Act 2003 (HESA), the university may still reconsider matters that are before the AAT at any time up until the AAT makes a final decision, and will advise DEST if a decision is made to re-credit or remit.
