Review Procedures: FEE-HELP | Eastern College Australia

Review Procedures: FEE-HELP

Eastern College Australia
REVIEW PROCEDURES: FEE-HELP
(Higher Education Support Act 2003)

Preamble:

In these guidelines, the following lodgement guidelines apply:-

A Request for FEE-HELP Assistance shall be posted to The Registrar, Eastern College Australia, 44-60 Jacksons Road, MULGRAVE VIC 3170 or lodged in person with the Receptionist, Eastern College Australia, 44-60 Jacksons Road, MULGRAVE VIC 3170.

A Request to Remove a FEE-HELP Debt shall be posted to The Registrar, Eastern College Australia, 44-60 Jacksons Road, MULGRAVE VIC 3170 or lodged in person with the Receptionist, Eastern College Australia, 44-60 Jacksons Road, MULGRAVE VIC 3170.

A Request for Review of the Original Decision shall be posted to The Review Officer, C/- The Registrar, Eastern College Australia, 44-60 Jacksons Road, MULGRAVE VIC 3170 or lodged in person with the Receptionist, Eastern College Australia, 44-60 Jacksons Road, MULGRAVE VIC 3170.

The Original Decision

All students who apply to commence a new, eligible course of study with the College or transfer to a new eligible course of study will be provided with a Request for FEE-HELP Assistance form and the FEE-HELP Information Booklet.

All students who are supplied with a Request for FEE-HELP Assistance form and FEE-HELP Information Booklet will be advised of the census dates for all the units of study to be offered for the current year of study. Students will be advised by hard copy and electronically (as WEB architecture is implemented). Students will also be advised that Request for FEE-HELP Assistance forms must be lodged before the census dates for the units of study to be undertaken.

Requests for FEE-HELP assistance will be processed by the person occupying the position of Registrar. The Registrar will undertake the following tasks:-

  • Ensure that forms have been correctly completed and strictly observe that copies or facsimiles of the Request for FEE-HELP Assistance form will not be accepted; and requests for FEE-HELP Assistance, signed by any person other than the applicant (including power of attorney signatories) will not be accepted.
  • Acknowledge the receipt of the application in writing;
  • Advise the applicant (in the receipt acknowledgement) of his/her right to an internal review by the nominated Review Officer of any FEE-HELP decision, his/her further right to an external review, and the procedure to be adopted in order to request such reviews; and
  • Advise the applicant (in the receipt acknowledgement) that the internal review by the nominated Review Officer must be requested, in writing, within 28 days of receiving the original decision, and must specify the reasons for making the request;

The person occupying the position of Registrar will observe the Administration Guidelines requirements relating to:-

  • Information Privacy Principles and Student Access to Personal Information;
  • The procurement, processing, and safe custody of Students' Tax File numbers; and
  • The issue of a Commonwealth Assistance Notice to each student enrolled in a course of study and who has requested FEE-HELP Assistance within 28 days of each census date.

Re-crediting of FEE-HELP balance

A student applying for a re-credit of FEE-HELP balance, must lodge in writing, a request to remove a FEE-HELP debt. A request to remove a FEE-HELP debt must be lodged within 12 months of the date at which a student withdraws from a subject, or if the student has not withdrawn from the subject, within 12 months of the end of the period of study in which the unit was, or was to be, undertaken. The request will be addressed to the Registrar, and will specify the reasons for making the request.

The person occupying the position of Registrar will have the discretion to waive the "12 month requirement" if he/she is satisfied that the application could not be made within the time limit.

The person occupying the position of Registrar will be the officer authorised to remove or not remove a FEE-HELP debt after the census date, and will take account of any special circumstances which may apply in making his/her decision.

Special circumstances are deemed to be those which 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 during the period in which the person undertook, or was due to undertake, the unit.

When an application to remove a FEE-HELP debt has been received in writing, the person occupying the position of Registrar will decide the application within five (5) working days and notify the applicant in writing of the outcome. The Registrar will also inform the applicant that:-

  • he/she may request a review of the decision;
  • a request for review must be lodged, in writing, within 28 days of receiving the notice of the original decision;
  • a request for review must specify the reasons for making the request; and
  • the request for review must be addressed to the College Vice Principal (the Review Officer).

Review of the Original Decision

The Review Officer will be an officer who occupies a position that is senior to that position occupied by the Registrar, and who is appointed by the Chief Executive Officer (The Principal) to undertake the review of an original decision made with respect to FEE-HELP assistance. For the time being, the Review Officer will be the College Vice Principal.

When an application to remove a FEE-HELP debt has been disallowed, and the applicant has lodged in writing a request for review of the original decision, the Review Officer shall:-

  • acknowledge in writing, receipt of the application for review of the decision; and
  • advise the applicant that, if the Review Officer has not advised in writing a decision within 45 days of receiving the application for review, the Review Officer is taken to have confirmed the original decision; and
  • advise the applicant, that if the Review Officer has not advised in writing a decision within 45 days of receiving the application for review, (indicating that the Review Officer is taken to have confirmed the original decision), the applicant has a right to a further appeal with the Administrative Appeals Tribunal (AAT) at the address provided at the end of this document.

If the Review Officer makes a decision, the applicant will be notified in writing of the decision and the reason(s) for making the decision. The Review Officer may confirm the decision, vary the decision, or set the decision aside and substitute a new decision.

When the Review Officer advises the applicant that the original decision has been upheld, varied, or set aside in favour of a new decision, the applicant must be advised that a further request for review may be lodged with the Administrative Appeals Tribunal (AAT), at the following address:-

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

Postal Address
Po Box 9955
Melbourne Vic 3001

Telephone
(03) 9282 8444 (metropolitan areas) 1300 366 700 (country areas)
Fax
(03) 9282 8480
Translating and Interpreter Service
13 14 50
At present (July 2006) the Administrative Appeals Tribunal requires a lodgement fee of $639.00. If the appellant is able to provide a certified copy of a Health Care Card issued in their name, or is able to demonstrate financial hardship, the lodgement fee may be waived at the discretion of the AAT.