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laws.sgby aturio
In forceAmended2020 Revised Edition
Contents

Part 6 · Inspection, Enforcement and Offences

33. Power to direct course money refunds, etc.

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Amended

Last amended by an amending law of 2018. 2 amendments in all.

(1)

This section applies to a student or intending student of a private education institution in relation to a course offered or provided by the private education institution if —

(a)

the course does not start on the agreed starting day;

(b)

the course ceases to be provided at any time after it starts but before it is completed; or

(c)

the course is not provided in full to the student or intending student because of the Agency refusing to renew the registration of the private education institution under section 10 or the Agency suspending, cancelling or reducing the period of registration of the private education institution under section 11,and the student or intending student has not withdrawn from the private education institution before the default day.

(2)

Without limiting any other power vested in the Agency under this Act, the Agency may by written direction addressed to the managers of a registered private education institution for a course or, in the case where registration is cancelled, a former registered private education institution for a course, direct that the registered private education institution or former registered private education institution (as the case may be) do either or all of the following:

(a)

refund each student or intending student, within the time that may be specified in the direction, the whole or such part as the Agency deems equitable of the course money the registered private education institution or former registered private education institution (as the case may be) received in respect of the student or intending student before the default day;

(b)

make arrangements for each student or intending student of the registered private education institution or former registered private education institution (as the case may be) to be offered a place in another registered private education institution to complete the same or a similar course, at the private education institution’s expense or otherwise, and notify the student or intending student accordingly —

(i)

where the provision of the course by the private education institution must cease because the Agency refused to renew the registration of the private education institution under section 10 or the registration of the private education institution is suspended or cancelled, or the period of its registration is reduced, under section 11 — at least 14 days before it ceases to provide the course or any other period that the Agency may allow in any particular case; or

(ii)

where the provision of private education by the private education institution must cease for any other reason — at least 30 days before it ceases to provide the course.

(3)

Subsection (2) applies despite anything contained in the agreement or contract between the registered private education institution or former registered private education institution and the students or intending students concerned, and subject to subsection (4), the student or intending student concerned is entitled to recover the amount specified in the direction to refund under subsection (2) from the registered private education institution or former registered private education institution (as the case may be) as a civil debt in a court of competent jurisdiction.

(4)

The registered private education institution or former registered private education institution (as the case may be) is relieved of its liability to make a refund if the student or intending student accepts the offer under subsection (2)(b) to complete the same or a similar course at the private education institution’s expense.

(5)

Where any written direction issued by the Agency under subsection (2) is not complied with, the private education institution and every manager of the private education institution to whom the direction is addressed shall each be guilty of an offence.

(6)

In addition to subsection (4), it is a defence for any person charged with an offence under subsection (5) to prove that the person had a reasonable excuse for failing to comply with the written direction of the Agency that is the subject of the offence.

(7)

Nothing in this section affects the operation of the Charities Act 1994, the Insolvency, Restructuring and Dissolution Act 2018, the Societies Act 1966 or any other written law relating to the winding up or dissolution of a private education institution.

(8)

In this section —

“agreed starting day”, in relation to a course offered or provided by a private education institution, means the day on which the course was scheduled to start;

“default day” means —

(a)

the agreed starting day, if subsection (1)(a) applies; or

(b)

the day on which the course ceases to be provided if subsection (1)(b) or (c) applies.[60

Report

Read on from s 34

Part 7

Miscellaneous

Read on from Part 7

Schedules