Policy on Student Review Procedures for Recipients of VET FEE-HELP

In accordance with Clause 46(2) of Schedule 1A of the Higher Education Support Act 2003 Inspiritive Pty Ltd will re-credit a student's FEE-HELP balance with an amount equal to the amounts of VET FEE-HELP assistance that the student received for a VET unit of study if: (a) the student has been enrolled in the unit with Inspiritive Pty Ltd; and (b) the student has not completed the requirements for the unit during the period during which he or she undertook, or was to undertake, the unit; and (c) Inspiritive Pty Ltd is satisfied that special circumstances apply to the student; and (d) the student applies in writing to Inspiritive Pty Ltd for re-crediting of the FEE-HELP balance; and (e) either: (i) (in terms of clause 49 of Schedule 1A) the application is made before the end of 12 months after the date at which Inspiritive Pty Ltd has given notice to the student that withdrawal from the unit has taken effect or, if notice was not issued, 12 months after the period during which the student undertook, or was to undertake, the unit; or (ii) Inspiritive Pty Ltd waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

As specified in Clause 48 of Schedule 1A, special circumstances apply to the student if and only if the VET provider receiving the application is satisfied that circumstances apply that: (a) are beyond the student's control; and (b) do not make their full impact on the student until on or after the census date for the VET unit of study in question; and (c) make it impracticable for the student to complete the requirements for the unit in the period during which the student undertook, or was to undertake, the unit.

Reasons will be given in writing for decisions on applications and appeals.

The Director of Inspiritive Pty Ltd is to advise the Secretary of the Department of Education, Employment and Workplace Relations (DEEWR) in writing within five working days of the decision to re-credit the applicant's FEE-HELP balance. Records of all applications and appeals are to be retained by Inspiritive Pty Ltd for five years.

Reviews of decisions: Any student may seek a review of a decision by Inspiritive Pty Ltd not to recredit or remit their FEE-HELP balance. To apply for a review, a student should write a letter to the Managing Director, Inspiritive Pty Ltd, stating that he or she is appealing the original decision. The student should give reasons for the request for an appeal, and provide any relevant evidence. The application should be made within 30 days of receiving the original written decision. No fee is charged.

Within five working days, Inspiritive Pty Ltd will provide a written acknowledgement of the request for a review. As part of this acknowledgement, the student will be given the opportunity to appear in person before the reviewer, with or without a third party of the student's choice, in order to provide further information. The review is conducted by a designated person, the Managing director, who is senior to the officer who made the original decision.

The reviewer will make a decision about the appeal and will inform the student within 45 days of receiving the appeal. If the student has not been advised of a result within 45 days, this means that the reviewer has confirmed the original decision. Inspiritive Pty Ltd will inform the Secretary of DEEWR in writing within five working days if the appeal results in the decision to re-credit the applicant's FEE-HELP balance.

The reviewer will inform the student seeking a review of his or her right to apply to the Administrative Appeals Tribunal (AAT) for a review of the reviewable VET decision. The reviewer will provide to the student contact details of the nearest Administrative Appeals Registry and the approximate costs of lodging an appeal with the AAT. If the student lodges an application for reconsideration to the AAT the Secretary of DEEWR (or delegate) will be the respondent. Once DEEWR has received notification from the AAT that a person has applied for reconsideration the Secretary must lodge certain documents with the AAT within 28 days. Upon receipt of notification from DEEWR that an appeal has been lodged with the AAT, Inspiritive Pty Ltd will supply DEEWR with the originals of all documents held that are relevant to the appeal within 5 working days.

Procedure for applying for re-crediting of FEE-HELP balance and appealing decisions

Students who find, after the census date has passed, that because of special circumstances they are unable to complete the requirements of a VET unit or units of study, may apply to have their FEE-HELP balance re-credited.

If you are a Inspiritive Pty Ltd student applying for re-crediting of your FEE-HELP balance, you are invited to discuss the matter with Inspiritive Pty Ltd's Director and/or Fee-Help officer, who will provide assistance and advice relating to the process. The steps you should follow in making and appealing an application are as follows:

1. Write a letter addressed to Fee-Help Officer, Inspiritive Pty Ltd, PO Box 79 Double Bay, 1360, NSW, headed "Application for re-crediting of FEE-HELP balance". (The designated Inspiritive Pty Ltd Fee-Help officer is currently Ms J. Collingwood.) In this letter you should state that you have not been able to complete the requirements of a VET unit or units of study, and should fully explain the reasons, explaining why you consider these to be special circumstances. In your letter you should show how the circumstances were beyond your control and did not make their impact until after the census date for the unit or units, and you should explain how these circumstances made it impracticable for you to complete the requirements for the unit or units. You should include supporting documents, such as letters from health professionals or counsellors.
2. Your application must be submitted within 12 months after the period during which you undertook or were to undertake the unit (or, if you have received a notice from Inspiritive Pty Ltd that withdrawal from the unit or units has taken effect, within 12 months of date specified in that notice for withdrawal having taken effect).
3. Inspiritive Pty Ltd does not impose any charge on you for lodging an application or for lodging an appeal against the result of the initial application.
4. A written acknowledgement of receipt of your application will be issued to you within five working days of receipt of your application by Inspiritive Pty Ltd. (Please contact Inspiritive Pty Ltd if acknowledgement is not received within the specified time, to ensure that your application has been received.)
5. Your application will be considered by a specified Inspiritive Pty Ltd officer. If considered necessary, you will be asked to provide additional information or evidence.
6. A decision on your application will be made within ten working days of receipt of your application. You will be informed in writing of this decision. Reasons will be given with the decision.
7. If you wish to appeal the decision, you should, within 30 days of receiving the original decision, write to the Managing Director, Inspiritive Pty Ltd, PO Box 79 Double Bay, 1360, NSW, with a letter headed "FEE-HELP Appeal". (The Managing Director of Inspiritive Pty Ltd is the designated Fee-Help Review Officer.) In your letter you should explain why you are appealing the original decision and you should provide all relevant information and evidence in support of your appeal.
8. A written acknowledgement of receipt of your appeal will be issued to you within five working days of receipt of your appeal by Inspiritive Pty Ltd. (Please contact Inspiritive Pty Ltd if acknowledgement is not received within the specified time, to ensure that your appeal has been received.)
9. The appeal will be considered by the Managing Director of Inspiritive Pty Ltd, who is the designated Fee-Help Review Officer.
10. You will be given the opportunity to appear in person before the reviewer, with or without a third party of your choice, in order to provide further information.
11. The reviewer will inform you in writing of the decision within 45 days of receiving the appeal. Reasons will be given by the reviewer for the decision.
12. Inspiritive Pty Ltd's reviewer will inform you in writing within 45 days of receiving your appeal of your right to apply to the Administrative Appeals Tribunal (AAT) for a review of the reviewable VET decision. The reviewer will provide you with contact details of the nearest Administrative Appeals Registry and the approximate costs of lodging an appeal with the AAT. (If you lodge an appeal, the Secretary of DEEWR (or delegate) will be the respondent. Inspiritive Pty Ltd will provide DEEWR with originals of all relevant documents when informed by DEEWR of the appeal.)