Box Hill Institute Student Pilot Class Action

Yes. The terms of the Settlement Scheme approved by the Court require the Scheme Administrator to apply a discount of between 10%–40% to each assessed claim.

The Scheme Administrator gave careful consideration to the evidence you provided and how the terms of the Settlement Scheme should be applied to that evidence.

In summary, the Scheme Administrator is required to consider the following factors when arriving at the discount to be applied to the assessed claim of each Eligible Claimant:

• Whether you are Withdrawn, Passed, or Admitted;
• Whether you regularly attended theory classes;
• Whether you regularly attended flight training;
• Whether you obtained a flying qualification while studying at BHI and the level of that qualification;
• If Withdrawn, the period of your enrolment;
• Whether you were provided with feedback on the progress of your learning;
• Whether you were given the adequate flight training in aeroplanes that had the characteristics necessary to give you the experience required to pass the flight test prescribed in the CASA CPL Licence Requirements;
• Whether you were regularly provided with pre-flight and post-flight briefings;
• Whether your flight training sessions were regularly cancelled for reasons other than weather-related operational reasons;
• Whether you were able to undertake flight training sessions with the required frequency to retain skills;
• Whether BHI represented to you that you would receive an RPL, PPL and CPL or an RPC, RPC with Navigational Endorsement and CPL; and
• The representations made to you by BHI about the CPL Diploma Course.

These discounts take into account the risks and costs of litigation, that is, going to court, as opposed to the Claims Assessment Process in the Settlement Scheme.

The minimum discount to be applied is 10%. The maximum discount to be applied is 40%, unless your claim contains loss and damage that is not compensable in the circumstances, or insufficient evidence has been provided for the loss and damage claimed.

See clause 4.4 of the Settlement Scheme.

Under the Settlement Scheme, claims may be discounted where no documentary or corroborative evidence has been provided to support those claims.

See clause 4.4 of the Settlement Scheme.

Yes. You are entitled to seek a reconsideration of your claim as assessed in your Notice of Decision.

Your options are:

1. Accept the assessment provided in the Notice of Decision (in which case the assessment is binding); or
2. Request that the Scheme Administrator reconsider your claim pursuant to the Reconsideration Process.

If you choose not to accept the assessment in your Notice of Decision, the Scheme Administrator will reconsider its assessment of your claim. You must submit additional information, documents, statements in the form of statutory declarations or other material you consider relevant to the reconsideration of your claim.

The Scheme Administrator must provide a notice of reconsideration of its decision within 14 days of receiving additional information from you.

It is important to understand the possible outcomes of and deadlines in relation to requests for reconsideration of your claim.

See clauses 4.18 – 4.25 of the Settlement Scheme.

If you request a reconsideration, your claim will be assessed de novo, meaning from the beginning. This means the Scheme Administrator will consider your claim as though it was being assessed for the first time.

It is important to understand that this means that the settlement payment to which you are entitled may be assessed as the same, higher, or lower amount as that set out in your original Notice of Decision.

No. You may only make one application for reconsideration. See clause 4.20 of the Settlement Scheme.

Once the reconsideration process is complete, you will have the option to confirm your acceptance of the decision, in which case it is binding, or you may request a review by a Review Panel.

The Settlement Scheme provides for a Review Process whereby an independent barrister (the Review Panel) considers applications for review of decisions made by the Scheme Administrator in the Reconsideration Process.

In considering any application for review, the Review Panel will consider any relevant material filed by you, BHI or the Scheme Administrator. The possible outcomes of the Review Process are as follows:

Affirmation

The Review Panel may affirm the decision of the Scheme Administrator, meaning they agree with the assessment of your claim contained in the reconsideration of the Notice of Decision..

Substitution

The Review Panel may overturn the decision of the Scheme Administrator and replace it with its own decision, meaning the assessment of your claim will change.

There is no further appeal or right of review from a decision of the Review Panel. Its decision is final and binding on all parties.

See clauses 5.1-5.7 of the Settlement Scheme.

Once all Notices of Decision have been finalised, your settlement amount will be paid to your nominated bank account.

All Reconsideration and/or Review Processes must be complete before settlement amounts can be paid.

The Scheme Administrator will assess each claim on the basis of the following principles:

1. Apply a discount based on the status of the Eligible Claimant as being Withdrawn, Passed or Admitted.
2. Apply a discount depending on whether the Eligible Claimant provides any or both of:
   1. any documentary evidence in relation to those matters; or
   2. any corroborative evidence from a Group Member, former student of the CPL Diploma or person related to the delivery of the CPL Diploma Course who is prepared to execute a statutory declaration in relation to the subject matter of the Eligible Claimant’s claim.
3. The following factors must also be considered by the Scheme Administrator in deciding what discount to apply to an Eligible Claimant’s claim:
   1. Whether the Eligible Claimant regularly attended theory classes;
   2. Whether the Eligible Claimant regularly attended flight training;
   3. Whether the Eligible Claimant obtained a flying qualification while studying at BHI and the level of qualification they achieved including:
      • an RPC;
      • an RPC with Navigation Endorsement;
      • an RPL;
      • a PPL; or
      • a CPL
   4. If the Eligible Claimant is Withdrawn, the period of their enrolment;
   5. Whether the Eligible Claimant was provided with feedback on the progress of their learning;
   6. Whether the Eligible Claimant had continuity with their Flight Instructors;
   7. Whether the Eligible Claimant was given the adequate flight training in aeroplanes that had the characteristics necessary to give them the experience required to pass the flight test prescribed in the CASA CPL Licence Requirements;
   8. Whether the Eligible Claimant was regularly provided with pre-flight and post-flight briefings;
   9. Whether the Eligible Claimant’s flight training sessions were regularly cancelled for reasons other than weather related operational reasons;
   10. Whether the Eligible Claimant was able to undertake flight training sessions with the required frequency to retain skills
   11. Whether BHI represented to the Eligible Claimant they would receive an RPL, PPL and CPL or an RPC, RPC with Navigational Endorsement and CPL; and
   12. The representations made to the Eligible Claimant by BHI about the CPL Diploma Course.