235 Refund entitlements of domestic students

(1)

A domestic student who is enrolled at a private training establishment for all or part of a programme or training scheme that is of more than 3 months’ duration and who withdraws from that programme or scheme within the refund period is entitled to a refund, without deduction, of so much of any payment, or of the sum of any payments, made by the student in respect of the programme or scheme, and, if withdrawal from the programme or scheme also constitutes complete withdrawal from the establishment, in respect of enrolment at the establishment, as exceeds $500 or 10% of the amount of that payment or of the sum of those payments, whichever is the lesser.

(1A)

A private training establishment must—

(a)

allow every domestic student enrolled for a programme or training scheme that is of less than 3 months’ duration to withdraw from it within a period (being less than 7 days) specified by the Authority; and

(b)

refund to every domestic student who so withdraws a minimum amount or proportion, specified by the Authority, of any payments made by the student to the establishment in respect of the programme or training scheme.

(2)

If the student withdraws from a programme or training scheme within the refund period, the independent trustee must refund all payments made to it by the private training establishment in respect of the programme or scheme—

(a)

to the trustee of the student’s new education provider; or

(b)

if the fee has been paid for by student loan money, to the department defined in section 235F(1); or

(c)

to the student, if neither paragraph (a) nor (b) applies.

(3)

When the refund period, in relation to any fees paid by or behalf of a student, has expired,—

(a)

the fees paid must continue to be held in trust by the independent trustee and the private training establishment must be paid from the trust in the manner prescribed in the rules made under section 253; or

(b)

the private training establishment may, if the Authority approves, make alternative arrangements in relation to the fees paid.

Section 235: replaced, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).

Section 235(1A): inserted, on 30 March 2018, by section 30 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).