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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Higher
Education Support Bill 2003
No. ,
2003
(Education, Science and
Training)
A Bill for an Act relating to the
funding of higher education, and for other purposes
Contents
A Bill for an Act relating to the funding of higher
education, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Higher Education Support Act
2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1-1 and 1-5 and anything in this Act not elsewhere
covered by this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Sections 1-10 to 238-15 |
(a) 1 January 2004; and (b) the day after the day on which this Act receives the Royal
Assent. |
|
|
3. Schedule 1 |
The later of: (a) 1 January 2004; and (b) the day after the day on which this Act receives the Royal
Assent. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
(1) Many of the terms in this Act are defined in the Dictionary in
Schedule 1.
(2) Most of the terms that are defined in the Dictionary in
Schedule 1 are identified by an asterisk appearing at the start of the
term: as in “*accredited course”.
The footnote with the asterisk contains a signpost to the Dictionary.
(3) An asterisk usually identifies the first occurrence of a term in a
section (if not divided into subsections), subsection or definition. Later
occurrences of the term in the same provision are not usually
asterisked.
(4) Terms are not asterisked in headings, notes, examples, explanatory
tables, guides, outline provisions or diagrams.
(5) If a term is not identified by an asterisk, disregard that fact in
deciding whether or not to apply to that term a definition or other
interpretation provision.
(6) The following basic terms used throughout the Act are not identified
with an asterisk:
|
Terms that are not identified |
||
|---|---|---|
|
Item |
This term: |
is defined in: |
|
1 |
enrol |
Schedule 1 |
|
2 |
higher education provider |
section 16-1 |
|
3 |
student |
Schedule 1 |
|
4 |
unit of study |
Schedule 1 |
Chapter 6 and any regulation made for the purposes of that Chapter
extend to every external Territory.
The objects of this Act are:
(a) to support a higher education system that:
(i) is characterised by quality, diversity and equity of access;
and
(ii) contributes to the development of cultural and intellectual life in
Australia; and
(iii) is appropriate to meet Australia’s social and economic needs
for a highly educated and skilled population; and
(b) to strengthen Australia’s knowledge base, and enhance the
contribution of Australia’s research capabilities to national economic
development, international competitiveness and the attainment of social goals;
and
(c) to support students undertaking higher education.
This Act primarily provides for the Commonwealth to give financial
support for higher education:
(a) through grants and other payments made largely to higher education
providers; and
(b) through financial assistance to students (usually in the form of
loans).
Chapter 2 sets out who are higher education providers, and provides
for the following grants and payments:
(a) grants under the Commonwealth Grant Scheme;
(b) other grants for particular purposes;
(c) grants for Commonwealth scholarships.
Chapter 3 provides for the following assistance to
students:
(a) HECS-HELP assistance for student contribution amounts;
(b) FEE-HELP assistance for tuition fees;
(c) OS-HELP assistance for overseas study.
Chapter 3 also provides for the Student Learning
Entitlement.
Chapter 4 sets out how debts are incurred and worked out in relation
to loans made under Chapter 3, and provides for their repayment.
Chapter 5 provides for several administrative matters relating to
the operation of this Act.
Chapter 6 primarily provides for approval as self-accrediting
entities, and for accreditation of courses of study, in external
Territories.
This Chapter provides for who are higher education providers, and for 3
kinds of grants to be made.
Part 2-1 sets out who are higher education providers, the quality and
accountability requirements for higher education providers and how bodies cease
to be higher education providers.
Note: Except in very limited cases, only higher education
providers can get grants under this Chapter.
The 3 kinds of grants available under this Chapter are:
• grants under Part 2-2 (Commonwealth Grant Scheme) to certain
higher education providers. Amounts of grants are based largely on the number of
Commonwealth supported places that the Minister allocates to each provider.
Grants are made subject to conditions; and
• other grants under Part 2-3 to higher education providers and
other bodies corporate for a variety of purposes; and
• grants for Commonwealth scholarships to certain higher education
providers under Part 2-4.
The amount of a grant may be reduced, or an amount paid may be required to
be repaid, if the recipient breaches a quality and accountability requirement or
a condition of the grant (see Part 2-5).
Note: A body’s approval as a higher education
provider may be suspended or revoked for such a breach.
A body generally has to be approved as a higher education provider before
it can receive grants, or its students can receive assistance, under this Act.
Listed providers have that approval upon commencement of this Act. Bodies that
do not have that automatic approval, or whose approval has been revoked, have to
apply for approval.
Higher education providers are subject to the quality and accountability
requirements.
A body’s approval as a higher education provider may be revoked in
circumstances such as breach of a quality and accountability
requirement.
Higher education providers and the
*quality and accountability requirements are
also dealt with in the Higher Education Provider Guidelines. The provisions of
this Part indicate when a particular matter is or may be dealt with in these
Guidelines.
Note: The Higher Education Provider Guidelines are made by
the Minister under section 238-10.
A higher education provider is a body corporate that is
approved under this Division.
(1) A *listed provider is taken to be
approved as a higher education provider from the commencement of this
Act.
(2) A body corporate:
(a) that is not a *listed provider;
or
(b) that is a listed provider that has previously ceased to be a higher
education provider;
becomes a provider if approved by the Minister under
section 16-25.
(3) A higher education provider ceases to be a provider if the
provider’s approval is revoked or suspended under
Division 22.
The following are listed providers:
(a) a *Table A provider;
(b) a *Table B provider.
(1) The following are Table A providers:
|
Table A providers |
|---|
|
Providers |
|
Central Queensland University |
|
Charles Sturt University |
|
Curtin University of Technology |
|
Deakin University |
|
Edith Cowan University |
|
Griffith University |
|
James Cook University |
|
La Trobe University |
|
Macquarie University |
|
Monash University |
|
Murdoch University |
|
Northern Territory University |
|
Queensland University of Technology |
|
Royal Melbourne Institute of Technology |
|
Southern Cross University |
|
Swinburne University of Technology |
|
The Australian National University |
|
The Flinders University of South Australia |
|
The University of Adelaide |
|
The University of Melbourne |
|
The University of Queensland |
|
The University of Sydney |
|
The University of Western Australia |
|
University of Ballarat |
|
University of Canberra |
|
University of Newcastle |
|
University of New England |
|
University of New South Wales |
|
University of South Australia |
|
University of Southern Queensland |
|
University of Tasmania |
|
University of Technology, Sydney |
|
University of the Sunshine Coast |
|
University of Western Sydney |
|
University of Wollongong |
|
Victoria University of Technology |
|
Australian Catholic University |
|
Australian Maritime College |
|
Batchelor Institute of Indigenous Tertiary Education |
(2) However, a body is not a Table A provider if its approval as a higher
education provider is revoked or suspended.
(1) The following are Table B providers:
|
Table B providers |
|---|
|
Providers |
|
Bond University |
|
The University of Notre Dame Australia |
|
Melbourne College of Divinity |
(2) However, a body is not a Table B provider if its approval as a higher
education provider is revoked or suspended.
(1) The Minister, in writing, may approve a body corporate as a higher
education provider if:
(a) the body:
(i) is established under the law of the Commonwealth, a State or a
Territory; and
(ii) carries on business in Australia; and
(iii) has its central management and control in Australia; and
(b) the body is either:
(i) a *university; or
(ii) a *self-accrediting provider;
or
(iii) a *non self-accrediting provider;
and
(c) the body either fulfils the *tuition
assurance requirements or is exempted from those requirements under subsection
16-30(2); and
(d) in the case of a non self-accrediting provider, the body meets the
additional requirements under section 16-35; and
(e) the body applies for approval as provided for in section 16-40;
and
(f) the Minister is satisfied that the body is willing and able to meet
the *quality and accountability
requirements.
(2) A university means a body corporate:
(a) that meets *National Protocol 1;
and
(b) that is established as a university, or recognised as a university, by
or under a law of the Commonwealth, a State, the Australian Capital Territory or
the Northern Territory.
(3) A self-accrediting provider
is a body corporate, other than a *university,
whose name is included in the *Australian
Qualifications Framework Register as the name of a higher education institution
empowered to issue its own qualifications.
(4) A non self-accrediting provider is a body
corporate:
(a) whose name is included; or
(b) who owns or controls a business name that is included;
in the list of Non Self-Accrediting Higher Education Institutions contained
in the *Australian Qualifications Framework
Register, as the name of an institution approved by an authorised accreditation
authority to issue one or more *higher
education awards.
(1) The tuition assurance requirements are that, on the date
of an application under section 16-40:
(a) the body corporate making the application complies with the
requirements for tuition assurance set out in the Higher Education Provider
Guidelines; or
(b) if the guidelines do not set out such requirements, the body has in
place arrangements that the Minister is satisfied will ensure, for any
person enrolled in a *course of study with
the body, that, should the body cease to be able to provide that
course:
(i) the person will be able to enrol in a similar course with another
higher education provider and receive full recognition by that other provider
for any successfully completed units of study undertaken as part of the course
of study with the body; and
(ii) the person will be able to receive a payment equivalent to any
*student contribution amount or
*tuition fee that has been paid for a unit of
study in that course with the body that the person has not completed because the
body ceased to be able to provide the course.
(2) The Minister may, in writing, exempt a body corporate from the
*tuition assurance requirements.
The additional requirements for *non
self-accrediting providers are that the body:
(a) is in a State or Territory that the Minister is satisfied has
legislation that complies with the *National
Protocols; and
(b) offers at least one *course of study
that leads to a *higher education award, and
that course is accredited by a State or Territory under
*National Protocol 3.
(1) A body corporate may apply in writing to the Minister for approval as
a higher education provider.
(2) The application:
(a) must be in the form approved by the Minister; and
(b) must be accompanied by such information as the Minister
requests.
(1) For the purposes of determining an application, the Minister may, by
notice in writing, require an applicant to provide such further information as
the Minister directs within the period specified in the notice.
(2) If an applicant does not comply with a requirement under
subsection (1), the application is taken to have been withdrawn.
(3) A notice under this section must include a statement about the effect
of subsection (2).
(1) The Minister must:
(a) decide an application for approval as a higher education provider;
and
(b) cause the applicant to be notified in writing whether or not the
applicant is approved as a higher education provider.
(2) For the purposes of paragraph 16-25(f), the Minister may be satisfied
that a body corporate is willing and able to meet the
*quality and accountability requirements if the
body gives the Minister such written undertakings as the Minister
requires.
(3) The Minister’s decision must be made:
(a) within 90 days after receiving the application; or
(b) if further information is requested under
section 16-45—within 60 days after the end of the period within which
the information was required to be provided under that section;
whichever is the later.
(4) If the Minister decides that an applicant is approved as a higher
education provider, the notice must also contain such information as is
specified in the Higher Education Provider Guidelines as information that must
be provided to an applicant upon approval as a higher education
provider.
(1) The quality and accountability requirements
are:
(a) the *financial viability requirements
(see Subdivision 19-B); and
(b) the *quality requirements (see
Subdivision 19-C); and
(c) the *fairness requirements (see
Subdivision 19-D); and
(d) the *compliance requirements (see
Subdivision 19-E); and
(e) the *contribution and fee
requirements (see Subdivision 19-F).
(2) This Division does not of its own force require a higher education
provider to do any act or thing.
A higher education provider:
(a) must be financially viable; and
(b) must be likely to remain financially viable.
(1) A higher education provider must give to the Minister a financial
statement for each *annual financial reporting
period for the provider in which:
(a) the provider receives assistance under this Chapter; or
(b) a student of the provider receives assistance under
Chapter 3.
(2) The statement:
(a) must be in the form approved by the Minister; and
(b) must be provided together with a report on the statement by an
independent *qualified auditor; and
(c) must be provided within 4 months after the end of the
*annual financial reporting period for which
the statement was given.
(3) An annual financial reporting period, for a higher
education provider, is the period of 12 months:
(a) to which the provider’s accounts relate; and
(b) that is notified in writing to the Minister as the provider’s
annual financial reporting period.
A higher education provider must operate, and continue to operate, at an
appropriate level of quality for an Australian higher education
provider.
A higher education provider must:
(a) be assessed, by an authorised accreditation authority listed in the
*Australian Qualifications Framework Register,
as meeting the relevant protocols in the
*National Protocols; and
(b) comply with any requirement imposed on the provider by an authorised
accreditation authority listed on the Australian Qualifications Framework
Register; and
(c) comply with any requirement imposed on the provider by the Minister in
writing in order to implement a specified recommendation of a
*quality auditing body.
(1) A higher education provider must agree in writing to be
audited:
(a) by a *quality auditing body;
and
(b) as the auditing body requires.
(2) The provider must also:
(a) after a request from a *quality
auditing body to audit the provider, allow the audit to start within the time
agreed to by the body and provider; and
(b) fully co-operate with the auditing body in the course of its audit;
and
(c) pay to the auditing body any charges payable for such an
audit.
(3) The provider’s agreement under paragraph (2)(a) must be
given to the *quality auditing body within one
month after the body makes the request to the provider.
A higher education provider must treat fairly:
(a) all of its students; and
(b) all of the persons seeking to enrol with the provider.
(1) A higher education provider that receives assistance under this
Chapter in respect of a student, or a class of students, must ensure that
the benefits of, and the opportunities created by, the assistance are made
equally available to all such students, or students in such class, in respect of
whom that assistance is payable.
(2) A higher education provider that receives:
(a) any grant or allocation under this Chapter; or
(b) any payment under section 124-1 on account of amounts of
*OS-HELP assistance;
must have open, fair and transparent procedures based on merit for making
decisions about the selection of students who are to benefit from the grant,
allocation or payment.
(3) Subsection (2) does not prevent a higher education provider
taking into account, in making such decisions about the selection of students,
educational disadvantages that a particular student has experienced.
(1) A higher education provider, other than a
*Table A provider or a body declared under
subsection (2), must comply with the
*tuition assurance requirements.
(2) The Minister may, by declaration in writing, exempt a specified higher
education provider from the requirement in subsection (1).
Must have grievance and review procedures
(1) A higher education provider must have:
(a) a grievance procedure for dealing with complaints by the
provider’s students, and persons who seek to enrol in
*courses of study with the provider, relating
to non-academic matters; and
(b) a grievance procedure for dealing with complaints by the
provider’s students relating to academic matters; and
(c) a review procedure for dealing with review of decisions made by the
provider relating to assistance under Chapter 3.
Note: Part 5-7 also deals with reconsideration and
review of decisions.
(2) The grievance procedure referred to in paragraph (1)(a) must
comply with the requirements of the Higher Education Provider
Guidelines.
(3) The review procedure must comply with the requirements of the Higher
Education Provider Guidelines.
Guidelines may provide for certain matters
(4) The Higher Education Provider Guidelines may provide for procedures
that are to be followed by *review officers
when reviewing the decisions of higher education providers made relating to
assistance under Chapter 3.
Provider to comply with procedures
(5) The provider must comply with its grievance and review
procedures.
Provider to provide information about procedures
(6) The provider must publish, and make publicly available, up to date
information setting out the procedures.
Provider to provide information about other complaint
mechanisms
(7) The provider must publish information about any other complaint
mechanisms available to complain about the provider’s decisions.
(1) A higher education provider must appoint a
*review officer to undertake reviews of
decisions made by the provider relating to assistance under
Chapter 3.
Note: The Secretary may delegate to a review officer of a
higher education provider the power to reconsider decisions of the provider
under Division 209: see subsection 238-1(2).
(2) A review officer of a higher education provider is a
person, or a person included in a class of persons, whom:
(a) the chief executive officer of the provider; or
(b) a delegate of the chief executive officer of the provider;
has appointed to be a review officer of the provider for the purposes of
reviewing decisions made by the provider relating to assistance under
Chapter 3.
A higher education provider must ensure that a
*review officer of the provider:
(a) does not review a decision that the review officer was involved in
making; and
(b) in reviewing a decision of the provider, occupies a position that is
senior to that occupied by any person involved in making the original
decision.
(1) A higher education provider must comply with the information privacy
principles set out in section 14 of the Privacy Act 1988 in respect
of *personal information obtained for the
purposes of Chapter 3 or 4.
(2) A higher education provider must have a procedure under which a
student enrolled with the provider may apply to the provider for, and receive, a
copy of *personal information that the provider
holds in relation to that student.
(3) The provider must comply with:
(a) the requirements of the Higher Education Provider Guidelines relating
to *personal information in relation to
students; and
(b) the procedure referred to in subsection (2).
(1) A higher education provider must comply with the requirements of this
Act, the regulations and the Guidelines made under
section 238-10.
(2) A higher education provider must provide information to the Minister
in relation to the affairs of the provider in accordance with the requirements
of this Act.
(3) A higher education provider’s administrative arrangements must
support the provision of assistance under this Act.
(1) A higher education provider must give to the Minister such statistical
and other information that the Minister by notice in writing requires
from the provider in respect of:
(a) the provision of higher education by the provider; and
(b) compliance by the provider with the requirements of this
Act.
(2) The information must be provided:
(a) in a form approved by the Minister; and
(b) in accordance with such other requirements as the Minister
makes.
A higher education provider must by writing inform the Minister of any
event affecting:
(a) the provider; or
(b) a *related body corporate of the
provider;
that may affect the provider’s capacity to meet the conditions of
grants under this Chapter or the *quality and
accountability requirements.
(1) The *Secretary may determine in
writing arrangements, in respect of a higher education provider, for access
by:
(a) APS employees in the Department who are authorised under
subsection (3); or
(b) any other persons who are engaged to perform services for or on behalf
of the Commonwealth, and who are authorised under subsection (3);
to any premises or records of the provider for the purpose of conducting
audit and compliance activities related to this Act.
(2) The provider must comply with the arrangements.
(3) The *Secretary may authorise in
writing:
(a) APS employees in the Department; or
(b) any other person who is engaged to perform services for or on behalf
of the Commonwealth;
for the purposes of subsection (1).
A higher education provider must charge, in accordance with the
requirements of this Act, *student contribution
amounts and *tuition fees for each unit of
study in which it enrols students.
(1) A higher education provider must, for each year, determine the
*student contribution amount per place for each
unit of study:
(a) that it provides or proposes to provide during the year; and
(b) that may form part of a *course of
study in which, under its funding agreement under section 30-25 in respect
of the year, it may enrol students as
*Commonwealth supported students.
(2) A higher education provider must, for each year, determine one, and
only one, *tuition fee for each unit of study
that it provides or proposes to provide during the year.
(3) However, if a unit of study can form part of more than one
*course of study, the provider may determine
under subsection (2) a different *tuition
fee for the unit for each such course of study.
(1) A higher education provider must give the Minister a schedule of the
*student contribution amounts per place and
*tuition fees for all the units of study it
provides or proposes to provide during the year. It must give the
schedule:
(a) in a form approved by the Minister; and
(b) in accordance with the requirements that the Minister determines in
writing.
(2) The provider must:
(a) ensure that the schedule provides sufficient information to enable a
person to work out the *student contribution
amount and the *tuition fee for each unit of
study that the provider provides or is to provide; and
(b) publish the schedule; and
(c) ensure that the schedule is available to all students enrolled, and
persons seeking to enrol, with the provider on request and without
charge.
A higher education provider must not charge a
*tuition fee for a
*course of study that exceeds the sum of the
tuition fees it charges for all of the units of study undertaken as part of the
course.
(1) A tuition fee includes any tuition, examination or other
fee payable to a higher education provider by a person enrolled with, or
applying for enrolment with, the provider.
(2) A tuition fee may also include any fee payable to the
provider in respect of the granting of a
*higher education award.
(3) A tuition fee does not include a fee that is:
(a) payable in respect of an organisation of students, or of students and
other persons; or
(b) payable in respect of the provision to students of amenities or
services that are not of an academic nature; or
(c) payable in respect of residential accommodation; or
(d) imposed in accordance with guidelines issued by the Minister for the
imposition of fees in respect of:
(i) *overseas students; and
(ii) students who are New Zealand citizens because of the operation of
section 29 of the Citizenship Act 1977 of New Zealand; or
(e) payable in respect of studies (other than an
*enabling course) that are not permitted to be
undertaken for the purpose of obtaining a
*higher education award; or
(f) determined, in accordance with guidelines issued by the Minister, to
be a fee of a kind that:
(i) is incidental to studies that may be undertaken with a higher
education provider; and
(ii) meets the criteria specified in the Commonwealth Grant Scheme
Guidelines; or
(g) a *student contribution
amount.
A body ceases to be approved as a higher education provider:
(a) if the approval is revoked under Subdivision 22-B or 22-D;
or
(b) while the approval is suspended under section 22-30.
The Minister may revoke a body’s approval as a higher education
provider if the Minister:
(a) is satisfied that the body’s application under
section 16-40 for approval as a higher education provider contained
material that was false or misleading; and
(b) complies with the requirements of section 22-20.
Bodies that were universities
(1) The Minister may revoke a body’s approval as a higher education
provider if:
(a) the body was a *university at the
last time the body became a higher education provider; and
(b) since that time, the body has ceased to be a university; and
(c) the Minister complies with the requirements of
section 22-20.
Bodies that were self-accrediting providers
(2) The Minister may revoke a body’s approval as a higher education
provider if:
(a) the body was a *self-accrediting
provider at the last time the body became a higher education provider;
and
(b) since that time, the body has ceased to be a self-accrediting
provider; and
(c) the Minister complies with the requirements of
section 22-20.
Bodies that were non self-accrediting providers
(3) The Minister may revoke a body’s approval as a higher education
provider if:
(a) the body was a *non self-accrediting
provider at the last time the body became a higher education provider;
and
(b) since that time, the body has ceased to be a non self-accrediting
provider; and
(c) the Minister complies with the requirements of
section 22-20.
(1) The Minister may revoke a body’s approval as a higher education
provider if the Minister:
(a) is satisfied that the body has either:
(i) breached a condition of a grant made to the body under Part 2-2,
2-3 or 2-4; or
(ii) breached a *quality and
accountability requirement; and
(b) is satisfied that it is appropriate to take that action (see
subsection (2)); and
(c) complies with the requirements of section 22-20.
(2) Without limiting the matters that the Minister may consider in
deciding whether it is appropriate under this section to revoke a body’s
approval as a higher education provider, the Minister may consider any or all of
the following matters:
(a) whether the breach in question is of a minor or major
nature;
(b) whether the breach has occurred before and, if so, how
often;
(c) the impact that the breach may have on the body’s
students;
(d) the impact of the breach on the higher education provided by the
body;
(e) the impact of the breach on Australia’s reputation as a provider
of high quality higher education;
(f) any other matter set out in the Higher Education Provider
Guidelines.
(1) Before revoking a body’s approval as a higher education provider
under Subdivision 22-B, the Minister must give the body notice in
writing:
(a) stating that the Minister is considering revoking the body’s
approval; and
(b) stating the reasons why the Minister is considering revoking the
body’s approval; and
(c) inviting the body to make written submissions to the Minister within
28 days concerning why the approval should not be revoked.
(2) In deciding whether or not to revoke a body’s approval under
Subdivision 22-B, the Minister must consider any submissions received from
the body within the 28 day period.
(3) The Minister must notify the body in writing of his or her decision
whether to revoke the body’s approval under Subdivision 22-B. The
notice:
(a) must be in writing; and
(b) must be given within the period of 28 days following the period in
which submissions may have been given to the Minister under subsection (1);
and
(c) if the Minister decides to revoke the body’s approval—must
specify the day that the revocation takes effect.
(4) If no notice is given within the period provided for in
subsection (3), the Minister is taken to have decided not to revoke the
approval.
(5) If the Minister decides to revoke the body’s approval:
(a) the revocation takes effect on the day specified in the notice under
subsection (3); and
(b) a copy of the notice must be published in the
Gazette.
(1) The Minister may determine, in writing, that a revocation of a
body’s approval as a higher education provider under Subdivision 22-B
is of no effect for the purposes of:
(a) grants to the body under this Chapter; and
(b) assistance payable to the body’s students under
Chapter 3;
to the extent that the grants or assistance relate to students of the body
who have not completed the *courses of study in
which they were enrolled with the body on the day specified for the purposes of
paragraph 22-20(5)(a).
(2) The determination may be included in the notice of revocation under
subsection 22-20(3).
(3) The body is taken, for the purposes of this Act, to continue to be a
higher education provider, but only to the extent referred to in
subsection (1).
(4) Subsection (3) does not prevent the Minister subsequently
revoking the body’s approval as a higher education provider under this
Division.
(1) The Minister may determine in writing that, with effect from a
specified day, a body’s approval as a higher education provider is
suspended pending the making of a decision under Subdivision 22-B as to
whether to revoke the body’s approval as a provider.
(2) A copy of the determination must be given to the body
concerned.
(3) If the Minister makes a determination under subsection (1) in
respect of a body, the Minister must give to the body a notice under
section 22-20 within 48 hours after giving a copy of the determination to
the body.
(4) A determination under this section:
(a) takes effect accordingly on the day specified in the determination;
and
(b) ceases to have effect if the Minister decides not to revoke the
body’s approval as a higher education provider.
(1) A notice of revocation under subsection 22-20(3) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
(2) If a notice of revocation under subsection 22-20(3) is disallowed, the
notice is taken never to have been given.
(1) The Minister may revoke the approval of a body as a higher education
provider if the body requests the Minister in writing to revoke the
approval.
(2) The request must be given to the Minister at least 30 days
before the day on which the revocation is requested to have
effect.
(3) The Minister must cause the body to be notified of the revocation. The
notice must:
(a) be in writing; and
(b) be given to the body at least 14 days before the day on which the
revocation is to take effect.
(4) The revocation has effect on the day requested unless another day is
specified in the notice under subsection (3).
Grants are payable under this Part to higher education providers that meet
certain requirements. Amounts of grants are based largely on the number of
Commonwealth supported places that the Minister allocates to each
provider.
Grants are subject to several conditions relating to the provision of
Commonwealth supported places and other matters.
Amounts of grants may be reduced, or some or all of a grant may be
repayable if a condition is breached (see Part 2-5).
The grants payable under this Part are also dealt with in the
Commonwealth Grant Scheme Guidelines. The provisions of this Part indicate when
a particular matter is or may be dealt with in these guidelines.
Note 1: The Commonwealth Grant Scheme Guidelines are made by
the Minister under section 238-10.
Note 2: The Commonwealth Grant Scheme Guidelines may also
deal with matters arising under section 93-10.
(1) A grant under this Part is payable, as a benefit to students, to a
higher education provider, in respect of the year 2005 or a later year,
if:
(a) the provider is:
(i) a *Table A provider; or
(ii) a higher education provider specified in the Commonwealth Grant
Scheme Guidelines as a higher education provider that can be paid grants under
this Part; and
(b) the Minister has allocated a *number
of Commonwealth supported places to the provider for that year under
section 30-10; and
(c) the provider has entered into a funding agreement with the
Commonwealth under section 30-25 in respect of that year.
(2) However, a grant is payable to a higher education provider that is not
a *Table A provider only if the grant relates
only to *national priorities.
(1) The Minister must ensure that the total amounts of all grants payable
under this Part in respect of a year, as a result of all the allocations to
higher education providers for that year under section 30-10, does not
exceed:
(a) for the year 2005—$3,086,242,000; or
(b) for the year 2006—$3,215,263,000; or
(c) for the year 2007—$3,342,701,000.
(2) For the purposes of subsection (1), regard must be had to any
adjustments under section 33-20 to amounts for the year.
Note: The adjustments would be in respect of the preceding
year.
(1) Before the commencement of a year, the Minister may allocate a
specified *number of Commonwealth supported
places to a higher education provider for that year.
(2) The allocation must specify the distribution of those places between
the *funding clusters.
(3) The allocation may also specify:
(a) the number of those places that have a regional loading; and
(b) the number of those places that have a medical student
loading.
(4) If the provider is not a *Table A
provider, the allocation must specify:
(a) that it is only in respect of
*national priorities; and
(b) the number of places for each national priority for which the provider
is allocated places.
(1) The funding clusters are:
|
Funding clusters |
|---|
|
Funding clusters |
|
Law |
|
Accounting, Administration, Economics, Commerce |
|
Humanities |
|
Mathematics, Statistics |
|
Behavioural Science, Social Studies |
|
Computing, Built Environment, Health |
|
Foreign Languages, Visual and Performing Arts |
|
Engineering, Science, Surveying |
|
Dentistry, Medicine, Veterinary Science |
|
Agriculture |
|
Education |
|
Nursing |
(2) The Commonwealth Grant Scheme Guidelines may delete, vary or add to
the *funding clusters.
A national priority is a particular outcome:
(a) that relates to the provision of higher education; and
(b) that is an outcome specified in the Commonwealth Grant Scheme
Guidelines as a national priority.
Note: The following are examples of national
priorities:
(a) increasing the number of persons undertaking particular
courses of study;
(b) increasing the number of particular kinds of persons
undertaking courses of study;
(c) increasing the number of persons in particular regions
undertaking courses of study.
(1) The *Secretary may, on behalf of the
Commonwealth, enter into a funding agreement with a higher education provider
relating to a grant under this Part in respect of a year (the grant
year).
(2) The agreement may specify conditions to which the grant is subject,
that are additional to the conditions that apply under
Division 36.
Note: It is a condition of the grant that the provider
comply with the agreement: see section 36-65.
(3) Without limiting subsection (2), the agreement may
specify:
(a) in relation to one or more of the following:
(i) places in *courses of study at the
undergraduate level;
(ii) places in courses of study at the postgraduate non-research
level;
(iii) places in courses of study in medical programs;
(iv) places in courses of study in
*enabling courses;
the minimum *number of Commonwealth
supported places that the provider must provide in the grant year, or the
maximum number of Commonwealth supported places that the provider may provide in
the grant year, or both; and
(b) the maximum number of Commonwealth supported places provided by the
provider which can have a regional loading in the grant year;
and
(c) the maximum number of Commonwealth supported places provided by the
provider which can have a medical student loading in the grant year;
and
(d) the maximum amount of regional loading that will be payable to the
provider, under the Commonwealth Grant Scheme Guidelines, in the grant year;
and
(e) the undergraduate and postgraduate courses in which the provider may
provide places in courses of study in which students are enrolled in units of
study as *Commonwealth supported students;
and
(f) restrictions on the types of undergraduate and postgraduate courses in
which the provider may provide such places; and
(g) adjustments that will apply to the amount of a grant payable to the
provider under this Part if the provider breaches a condition of the
grant.
(1) The amount of a grant payable to a higher education provider under
this Part for a year is worked out by:
(a) working out the *basic grant amount
for the provider for that year under Subdivision 33-B; and
(b) if applicable, adjusting the basic grant amount under
Subdivision 33-C.
(2) Advances may be paid to a higher education provider under
Subdivision 33-D.
Note: Part 5-1 deals with how payments can be
made.
The basic grant amount for a higher education provider for
a year is the sum of:
(a) for each *funding cluster to which
the Minister has allocated places to the provider under
section 30-10—the amount worked out by multiplying:
(i) the *number of Commonwealth supported
places allocated in relation to that funding cluster; by
(ii) the *Commonwealth contribution
amount for a place in that funding cluster; and
(b) if the allocation has specified under paragraph 30-10(3)(a) a number
of Commonwealth supported places that have a regional loading—the amount
of regional loading worked out under the Commonwealth Grant Scheme Guidelines
for those places; and
(c) if the allocation has specified under paragraph 30-10(3)(b) a number
of Commonwealth supported places that have a medical student loading—the
amount of medical student loading worked out under the Commonwealth Grant Scheme
Guidelines for those places.
The Commonwealth contribution amount, for a place in a
*funding cluster, is:
|
Commonwealth contribution amount |
||
|---|---|---|
|
Item |
Funding cluster |
Commonwealth contribution amount |
|
1 |
Law |
$1,442 |
|
2 |
Accounting, Administration, Economics, Commerce |
$2,371 |
|
3 |
Humanities |
$3,995 |
|
4 |
Mathematics, Statistics |
$4,718 |
|
5 |
Behavioural Science, Social Studies |
$6,342 |
|
6 |
Computing, Built Environment, Health |
$7,064 |
|
7 |
Foreign Languages, Visual and Performing Arts |
$8,687 |
|
8 |
Engineering, Science, Surveying |
$11,757 |
|
9 |
Dentistry, Medicine, Veterinary Science |
$14,738 |
|
10 |
Agriculture |
$15,667 |
|
11 |
Education |
$6,970 |
|
12 |
Nursing |
$9,316 |
Note: Commonwealth contribution amounts are indexed under
Part 5-6.
(1) A higher education provider’s
*basic grant amount for a year is increased
under this section if:
(a) the Commonwealth Grant Scheme Guidelines impose on higher education
providers either or both of the following:
(i) requirements to be known as the National Governance
Protocols;
(ii) requirements based on the workplace relations policies of the
Australian Government; and
(b) the Minister is satisfied that the provider met those requirements as
at a date, specified in the Grant Scheme Guidelines, in the year preceding that
year.
(2) If subsection (1) applies to a higher education provider in
relation to a year, the provider’s *basic
grant amount for the year is worked out as if the
*Commonwealth contribution amount for each
*funding cluster were increased by:
(a) if the grant year is the year 2005—2.5%; and
(b) if the grant year is the year 2006—5%; and
(c) if the grant year is a later year—7.5%.
(1) A higher education provider’s
*basic grant amount for a year (the grant
year) is to be adjusted, in respect of the preceding year, in the
circumstances specified in the Commonwealth Grant Scheme Guidelines.
(2) The Commonwealth Grant Scheme Guidelines must specify, in relation to
each of the adjustments:
(a) whether the adjustment is to be an increase or a reduction in the
provider’s *basic grant amount for the
grant year; and
(b) the amount of the adjustment, or how the adjustment is to be worked
out.
Number of places provided exceeds 105% of allocated places
(1) A higher education provider’s
*basic grant amount for the grant year is
reduced by an adjustment if:
(a) the Commonwealth Grant Scheme Guidelines neither:
(i) provide for an adjustment when the
*number of Commonwealth supported places
provided by a higher education provider during the preceding year exceeds a
number specified in, or worked out under, those guidelines; nor
(ii) provide that there is to be no adjustment in those circumstances;
and
(b) in the preceding year, the number of Commonwealth supported places
provided by the provider exceeds 105% of the total number of Commonwealth
supported places allocated to the provider for that year under
section 30-10.
(2) The adjustment under subsection (1) is an amount worked out using
the formula:
where:
excess places is the *number
of Commonwealth supported places that the provider provided during the preceding
year in excess of 105% of the total number of Commonwealth supported places
allocated to the provider.
greatest possible student contribution is the highest
*student contribution amount per place
determined by the provider for a unit of study undertaken with the provider
during the preceding year.
Places provided do not reflect basic grant amount
(3) A higher education provider’s
*basic grant amount for the grant year is
reduced by an adjustment if:
(a) the Commonwealth Grant Scheme Guidelines neither:
(i) provide for an adjustment when the provider’s basic grant amount
for the preceding year exceeds the provider’s
*corrected basic amount for that year;
nor
(ii) provide that there is to be no adjustment in these circumstances;
and
(b) the provider’s basic grant amount for the preceding year
exceeded the provider’s corrected basic amount for that year.
(4) The adjustment under subsection (3) is an amount equal to the
difference between the *basic grant amount and
the *corrected basic amount.
(5) The provider’s corrected basic amount for a year
is what would have been the provider’s
*basic grant amount for the year if:
(a) the *number of Commonwealth supported
places allocated to the provider for that year under section 30-10 had
equalled the number of Commonwealth supported places provided by the provider
during that year; and
(b) the places allocated had been distributed under subsection 30-10(2)
between the *funding clusters in a way that
reflected:
(i) the units of study in which
*Commonwealth supported students were enrolled
with the provider during that year; and
(ii) the funding clusters in which those units are included.
No adjustment for 2005
(6) No adjustments are to be made under this section to
*basic grant amounts for the year
2005.
(1) The number of Commonwealth supported places that a
higher education provider has provided during a particular year is a number
equal to the number worked out as follows:
Method statement
Step 1. For each unit of study (other than a unit of study that
wholly consists of *work experience in
industry) that the provider provided that had its
*census date during the year,
multiply:
(a) the *EFTSL value of the unit;
by
(b) the number of persons enrolled with the provider in that unit as
*Commonwealth supported students.
Step 2. Add together all of the amounts worked out under step
1.
(2) For the purposes of this section, if:
(a) a unit of study provided by the provider forms part of more than one
*course of study; and
(b) the provider determines under subsection 73-15(2) an
*EFTSL value of the unit for each such
course;
the unit is taken to be a different unit of study in respect of each such
course.
The Commonwealth Grant Scheme Guidelines may specify:
(a) how to determine, for the purposes of this Act, the
*funding clusters in which units of study are
included; or
(b) the particular funding cluster in which a particular unit of study is
included for the purposes of this Act.
(1) The Minister may determine that an advance is payable to a higher
education provider, in respect of a year, in relation to expenditure of the
provider for such purposes as the Minister determines.
(2) The Minister may pay an advance to the provider under
subsection (1) on such conditions (if any) as the Minister
determines.
(3) The total of the advances in respect of a year must not exceed the
amount set out in section 30-5 in respect of the following year.
(4) If the Minister determines an advance for the provider in respect of a
year, the amounts of grant payable to the provider under section 33-1 in
respect of:
(a) the year next following that year; or
(b) the 2 years next following that year; or
(c) the 3 years next following that year;
are reduced by amounts that equal in total the amount of the
advance.
(5) Determinations under subsections (1) and (2), and reductions
under subsection (4), must be made in accordance with Commonwealth Grant
Scheme Guidelines.
(1) A higher education provider receives a grant under this Part on
condition that the provider complies with this Division.
(2) Without limiting subsection (1), the following provisions of this
Division do not of their own force require the provider to do any act or
thing.
(1) A person is a Commonwealth supported
student, in relation to a unit of study, if the higher education
provider with which he or she is enrolled in that unit has advised the person in
writing that he or she is a Commonwealth supported student:
(a) in relation to the unit; or
(b) in relation to the *course of study
of which the unit forms a part.
(2) An advice under paragraph (1)(b) may be subject to the
requirements of section 36-10 being met by the provider, the unit and the
person.
(3) However, the person is not a Commonwealth supported student in
relation to the unit if he or she notifies an
*appropriate officer of the provider that he or
she does not wish to be a Commonwealth supported student in relation to the
unit.
(4) A notice under subsection (3):
(a) must be in writing; and
(b) must be given on or before the
*census date for the unit.
When a provider must not advise that a person is Commonwealth
supported
(1) A higher education provider must not advise a person that he or she is
a *Commonwealth supported student in relation
to a unit of study unless:
(a) a *number of Commonwealth supported
places has been allocated to the provider under section 30-10 for the year
in which the person is undertaking the unit; and
(b) the unit contributes to the requirements of a
*course of study in which the person is
enrolled with the provider; and
(c) the person is:
(i) an Australian citizen; or
(ii) a citizen of New Zealand who will be resident within Australia for
the duration of the unit; or
(iii) a *permanent visa holder who will
be resident within Australia for the duration of the unit; and
(d) the unit:
(i) is *covered by the person’s
*Student Learning Entitlement; or
(ii) wholly consists of *work experience
in industry; or
(iii) is undertaken as part of an
*enabling course; and
(e) the person enrols in the unit on or before the
*census date for the unit.
(2) In determining, for the purposes of subparagraph (1)(c)(ii) or
(iii), whether a person will be resident within Australia for the duration of
the unit of study, disregard any period of residence outside Australia
if:
(a) it cannot reasonably be regarded as indicating an intention to reside
outside Australia for the duration of the unit; or
(b) it is required for the purpose of completing a requirement of that
unit.
Persons who do not wish to be Commonwealth supported
(3) A higher education provider must not advise a person that he or she is
a *Commonwealth supported student in relation
to a unit of study if the person has notified an
*appropriate officer of the provider that he or
she does not wish to be a Commonwealth supported student in relation to the
unit.
(4) A notice under subsection (3):
(a) must be in writing; and
(b) must be given on or before the
*census date for the unit.
Additional requirement for non-Table A providers
(5) A higher education provider that is not a
*Table A provider must not advise a person that
he or she is a *Commonwealth supported student
in relation to a unit of study unless:
(a) the unit in which the person is enrolled is within a
*national priority; and
(b) the provider has received a grant under this Part for that national
priority for the year in which the person is undertaking the unit; and
(c) if the national priority is a *course
of study that has been specified in the Commonwealth Grant Scheme Guidelines to
be a national priority—the unit is contributing to the requirements of
that course.
Additional requirement relating to work experience in
industry
(6) A higher education provider must not advise a person that he or she is
a *Commonwealth supported student in relation
to a unit of study that wholly consists of
*work experience in industry unless:
(a) the unit forms part of a *course of
study; and
(b) the person is enrolled, or has previously been enrolled, in another
unit of study in that course:
(i) that does not, or did not, wholly consist of work experience in
industry; and
(ii) in relation to which the person is, or was, a Commonwealth supported
student.
A higher education provider must not advise a person enrolled in a unit
of study with the provider that the person is a
*Commonwealth supported student in relation to
the unit if:
(a) the enrolment is in an *employer
reserved place; or
(b) the unit forms part of a *bridging
course for overseas trained professionals; or
(c) the person has obtained access to the unit through
*Open Learning Australia (even though the
provider made the unit available directly).
If a person’s *Student Learning
Entitlement, in relation to a unit of study in which the person was enrolled
with a higher education provider as a
*Commonwealth supported student, has been
re-credited under Division 79, the provider must:
(a) pay to the person an amount equal to the payment, or the sum of the
payments, that the person made in relation to the
*student contribution amount for the unit;
and
(b) pay to the Commonwealth an amount equal to any
*HECS-HELP assistance to which the person was
entitled for the unit.
A higher education provider must advise a person who is enrolled in a
unit of study with the provider, as part of a
*course of study, that he or she is a
*Commonwealth supported student in relation to
the unit if:
(a) the person is or has been a Commonwealth supported student in relation
to one or more other units of study in the course; and
(b) the provider is not prohibited, under section 36-10, from so
advising the person.
Table A providers
(1) If:
(a) a person is to be enrolled with a
*Table A provider in a unit of study that is
*covered by the person’s
*Student Learning Entitlement; and
(b) the provider is not prohibited, under section 36-10, from
advising the person that he or she is a
*Commonwealth supported student in relation to
the unit;
the provider must enrol the person in the unit as a Commonwealth supported
student.
(2) Subsection (1) does not apply, and is taken never to have
applied, in relation to that enrolment if:
(a) in respect of the year in which the person is enrolled in the unit,
the provider has already filled, or fills, all of the
*number of Commonwealth supported places
allocated to the provider for the year under section 30-10; or
(b) the person notifies an *appropriate
officer of the provider that he or she does not wish to be a
*Commonwealth supported student in relation to
the unit.
Other higher education providers
(3) If a person is to be enrolled, with a higher education provider that
is not a *Table A provider, in a unit of study
that is *covered by a person’s
*Student Learning Entitlement, the provider
must enrol the person in the unit as a
*Commonwealth supported student if:
(a) completion of the unit is in furtherance of a
*national priority; and
(b) places have been allocated to the provider under section 30-10 in
respect of that national priority for the year in which the person is enrolled
in the unit.
(4) Subsection (3) does not apply, and is taken never to have
applied, in relation to that enrolment if:
(a) in respect of the year in which the person is enrolled in the unit,
the provider has already filled, or fills, all of the
*number of Commonwealth supported places in
respect of that *national priority;
or
(b) the person notifies an *appropriate
officer of the provider that he or she does not wish to be a
*Commonwealth supported student in relation to
the unit.
Notices under paragraph (2)(b) or (4)(b)
(5) A notice under paragraph (2)(b) or (4)(b):
(a) must be in writing; and
(b) must be given on or before the
*census date for the unit.
(1) A *Table A provider must ensure that,
in any year, the *number of Commonwealth
supported places provided by the provider accounts for:
(a) at least 50%, or such higher percentage as is specified in the
provider’s funding agreement under section 30-25 for that year, of
the total number of places that the provider provides in each undergraduate
*course of study that is not:
(i) a course of study that the agreement provides is a course in which the
provider must not enrol persons in units of study as
*Commonwealth supported students; or
(ii) a *course of study in medicine;
or
(b) at least the percentage, declared by the Minister in writing, of the
total places provided by the provider in each course of study in
medicine.
(2) For the purpose of applying subsection (1) in relation to a
*course of study, disregard any enrolment in
*work experience in industry or in an
*employer reserved place in that
course.
(3) The percentage declared by the Minister under paragraph (1)(b)
must be at least 50%.
(4) A course of study in medicine is a
*course of study completion of which would
allow provisional registration as a medical practitioner by an authority of a
State, a Territory or the Commonwealth.
(1) A higher education provider must cancel a person’s enrolment in
a unit of study with the provider if the person:
(a) is enrolled as a *Commonwealth
supported student in relation to the unit; and
(b) has not, on or before the *census
date for the unit:
(i) completed, and signed, a *request for
Commonwealth assistance in relation to the unit, or in relation to the
*course of study of which the unit forms a
part; and
(ii) given it to an *appropriate officer
of the provider.
(2) A higher education provider must cancel a person’s enrolment in
a unit of study with the provider if the person:
(a) is enrolled as a *Commonwealth
supported student in relation to the unit; and
(b) is not entitled to *HECS-HELP
assistance for the unit; and
(c) has not, on or before the *census
date for the unit, paid to the provider the whole of the
*student contribution amount for the
unit.
However, this subsection does not apply if the student contribution amount
for the unit is a nil amount.
(3) A request for Commonwealth assistance is a
document:
(a) in which a person enrolling in a unit of study with a higher education
provider requests the Commonwealth to provide assistance under this Act in
relation to the unit, or in relation to the
*course of study of which the unit forms a
part; and
(b) that is in the form approved by the Minister; and
(c) that the person gives to an
*appropriate officer of the provider on or
before the person’s enrolment in the unit.
If a person is enrolled with a higher education provider in a unit of
study as a *Commonwealth supported student, the
provider must not charge the person a *student
contribution amount for the unit that exceeds the amount worked out as
follows:
A higher education provider must not accept, from a person who:
(a) is enrolled in a unit of study with the provider; and
(b) is entitled to *HECS-HELP assistance
for the unit;
*up-front payments for the unit totalling
more than 80% of the *student contribution
amount for the unit.
Note: For entitlement to HECS-HELP assistance: see
Division 90.
Tuition fees for units of study
(1) A higher education provider must not determine for a unit of study a
*tuition fee that is less than:
(a) if paragraph (b) does not apply—the
*student contribution amount that the provider
would charge a *Commonwealth supported student
in relation to the unit; or
(b) such other higher amount as is specified in the Commonwealth Grant
Scheme Guidelines.
(2) Subsection (1) does not apply if the person is enrolled in an
*employer reserved place. However, the provider
must not charge as *tuition fees for the unit
amounts that are such that the sum of:
(a) the tuition fees; and
(b) the *employer contribution amount for
the unit;
is less than:
(c) if paragraph (d) does not apply—the
*student contribution amount referred to in
paragraph (1)(a); or
(d) such amount as is specified in the Commonwealth Grant Scheme
Guidelines for the purposes of paragraph (1)(b).
Tuition fees for study on a non-award basis
(3) If a person:
(a) is enrolled in study with a higher education provider on a
*non-award basis; and
(b) could have enrolled in that study as a unit of study if the enrolment
were not on a non-award basis;
the provider must not charge as *tuition
fees for the study amounts that in total are less than the
*student contribution amount that the provider
would charge the person if:
(c) the person had enrolled in the study as a unit of study; and
(d) the person were a *Commonwealth
supported student in relation to the unit.
A higher education provider must meet the
*quality and accountability
requirements.
A higher education provider must comply with any funding agreement the
provider enters into under section 30-25.
(1) The Commonwealth Grant Scheme Guidelines may specify conditions that
higher education providers must comply with for the purposes of this
Division.
(2) A higher education provider must comply with all such conditions in
respect of any year for which the provider receives a grant under this
Part.
(3) However, the provider need not comply with such a condition during a
particular year if the condition comes into force on or after the day on which
the provider entered into a funding agreement under section 30-25 in
respect of the year.
Grants under this Part are payable to higher education providers and other
eligible bodies for a variety of purposes.
Other grants are also dealt with in the Other Grants Guidelines. The
provisions of this Part indicate when a particular matter is or may be dealt
with in these Guidelines.
Note: The Other Grants Guidelines are made by the Minister
under section 238-10.
(1) Subject to subsection (2), a body corporate referred to in an
item in the third column of the table is eligible for grants under this Part, in
respect of the year 2005 or a later year, for the purposes specified in the
second column of that item.
|
Eligibility for grants under this Part |
||
|---|---|---|
|
Item |
Purpose of grant |
Who is eligible |
|
1 |
Grants to promote equality of opportunity in higher education |
*Table A providers |
|
2 |
Grants to promote the productivity of higher education providers |
*Table A providers |
|
3 |
Grants to enhance learning and teaching in higher education |
*Table A providers |
|
4 |
Grants to support national institutes specified in the Other Grants
Guidelines for the purposes of this item |
*Table A providers |
|
5 |
Grants to support the capital development projects of higher education
providers |
*Table A providers |
|
6 |
Grants to meet the Commonwealth’s share of the cost of higher
education providers’ superannuation liabilities |
*Table A providers |
|
7 |
Grants to support research by, and the research capability of, higher
education providers |
*Table A providers and
*Table B providers |
|
8 |
Grants to support the training of research students |
*Table A providers and
*Table B providers |
|
9 |
Grants to foster collaboration and reform in higher education |
*Table A providers and bodies corporate
that are specified in the Other Grants Guidelines for the purposes of this
item |
|
10 |
Grants to support the development of systemic infrastructure used by higher
education providers |
*Table A providers and bodies corporate
that are specified in the Other Grants Guidelines for the purposes of this
item |
|
11 |
Grants for activities that: (a) assure and enhance the quality of Australia’s higher education
sector; or (b) foster an understanding of the importance of, or promote research and
scholarship in, science, social science or the humanities in Australia;
or (c) support open access to higher education across Australia. |
*Table A providers and bodies corporate
that are specified in the Other Grants Guidelines for the purposes of this
item |
(2) If the Other Grants Guidelines:
(a) specify a program under which grants for a particular purpose
specified in the table are to be paid; and
(b) specify extra conditions of eligibility to receive a grant under the
program;
then a body corporate specified in the table in respect of those grants is
not eligible for such a grant unless it complies with those extra
conditions.
(1) The Other Grants Guidelines may specify one or more programs under
which grants for particular purposes specified in the table in subsection
41-10(1) are to be paid.
(2) If the Other Grants Guidelines specify a program for a grant for a
particular purpose, the guidelines may also specify all or any of the following
matters for the program:
(a) the program’s objectives;
(b) the extra conditions of eligibility to receive a grant under the
program;
(c) the amount, being a part of the amount referred to in
section 41-45 for a year, that will be spent on the program in that
particular year;
(d) the indexation of that amount for subsequent years, using the method
of indexation set out in Part 5-6;
(e) the method by which the amount of grants under the program will be
determined;
(f) whether grants under a program are in respect of a year or a
project;
(g) the conditions that apply to grants under the program.
The Minister may approve a grant under this Part in respect of a year or
a project to a body corporate that is eligible for such a grant.
A grant is made on the following conditions:
(a) if the grant is made under a program and the Other Grants Guidelines
specified conditions that apply to a grant under that program:
(i) on the conditions provided for in the guidelines; and
(ii) if the body receiving the grant is a higher education
provider—also on the condition that the body must meet the
*quality and accountability requirements;
or
(b) if paragraph (a) does not apply:
(i) on such conditions (if any) as the Minister determines in writing;
and
(ii) if the body receiving the grant is a higher education
provider—also on the condition that the body must meet the quality and
accountability requirements.
The amount of a grant is:
(a) if the grant is made under a program and the Other Grants Guidelines
specify a method by which the amount of grants under the program are to be
determined—the amount determined by that method; or
(b) if paragraph (a) does not apply—the amount determined in
writing by the Minister.
If:
(a) a body corporate meets, in respect of a year, the requirements of the
Other Grants Guidelines made for the purposes of section 41-15 in relation
to a program; or
(b) the Minister approves, under section 41-20, a grant to a body
corporate in respect of a year or project;
there is payable to the body corporate concerned, in respect of that year
or project, an amount equal to the amount referred to in section 41-30 in
respect of that grant.
(1) If:
(a) a body to which a grant under this Part has been made in respect of a
year fails to spend an amount of that grant; and
(b) the *Secretary determines in writing
that this section is to apply to the body in respect of that grant;
then so much of the unspent amount as the Secretary specifies is taken to
be granted to the body under this Part in respect of the next following
year.
(2) The amount is taken to be granted for the same purpose as the original
grant.
(3) The grant is taken to be made:
(a) under the same conditions as the conditions of the original
grant—except the grant is taken to be made in respect of the next
following year; or
(b) under such other conditions as are determined by the
*Secretary.
(1) The total payments made under this Part in respect of a year referred
to in the table must not exceed the amount specified next to that year in the
table.
|
Maximum payments for other grants under this Part |
||
|---|---|---|
|
Item |
Year |
Amount |
|
1 |
2005 |
$1,330,237,000 |
|
2 |
2006 |
$1,445,372,000 |
|
3 |
2007 |
$1,372,075,000 |
(2) Payments made in respect of a project in a year are taken, for the
purposes of subsection (1) to have been made in respect of that
year.
Grants for scholarships are made to higher education providers who pay the
scholarships to students for the purposes of the students’
education.
*Commonwealth scholarships are also
dealt with in the Commonwealth Scholarships Guidelines. The provisions of this
Part indicate when a particular matter is or may be dealt with in these
Guidelines.
Note: The Commonwealth Scholarships Guidelines are made by
the Minister under section 238-10.
There are 2 classes of *Commonwealth
scholarships:
(a) standard scholarships; and
(b) postgraduate research scholarships.
Note: The Commonwealth Scholarships Guidelines set out the
kinds of scholarships in each class.
(1) *Table A providers, and higher
education providers to which subparagraph 30-1(1)(a)(ii) applies, are eligible
to receive a grant from the Commonwealth to pay, as a benefit to students,
standard *Commonwealth scholarships to their
students.
(2) *Table A providers and
*Table B providers are eligible to receive a
grant from the Commonwealth to pay, as a benefit to students, postgraduate
research *Commonwealth scholarships to their
students.
(1) The Commonwealth Scholarships Guidelines may provide for
*Commonwealth scholarships.
(2) Without limiting subsection (1), those guidelines may provide for
the following matters:
(a) the kinds of scholarships that are to be standard
scholarships;
(b) the kinds of scholarships that are to be postgraduate research
scholarships;
(c) which students are eligible for each kind of scholarship;
(d) the making of decisions as to which students are to receive
scholarships;
(e) the conditions that apply to each kind of scholarship;
(f) how the amounts of grants to a *Table
A provider or a *Table B provider are to be
determined;
(g) the amount, being part of the amount referred to in section 46-40
for a year, that will be spent on each kind of scholarship in that
year;
(h) the indexation of such an amount for subsequent years, using the
method of indexation set out in Part 5-6;
(i) how grants to providers are to be made;
(j) how providers are to determine the amount of each
scholarship;
(k) the indexation of amounts of scholarships, using the method of
indexation set out in Part 5-6;
(l) how providers are to pay scholarships.
It is a condition of a grant under this Part that the higher education
provider to whom the grant is payable must meet the
*quality and accountability
requirements.
The amount that is payable under this Part to a
*Table A or
*Table B provider is the amount worked out in
accordance with the Commonwealth Scholarships Guidelines.
(1) If:
(a) a higher education provider to which a grant under this Part has been
made fails to spend an amount of that grant; and
(b) the *Secretary determines in writing
that this section is to apply to the provider in respect of that
grant;
then so much of the unspent amount as the Secretary specifies is taken to
be granted to the provider under this Part in respect of the next following
year.
(2) The amount is taken to be granted:
(a) under the same conditions as the conditions of the original
grant—except the grant is taken to be made in respect of the next
following year; or
(b) under such other conditions as are determined by the
*Secretary.
The total payments made under this Part in respect of a year referred to
in the table must not exceed the amount specified next to that year in the
table.
|
Maximum payments for Commonwealth Scholarships |
||
|---|---|---|
|
Item |
Year |
Amount |
|
1 |
2004 |
$118,212,000 |
|
2 |
2005 |
$136,313,000 |
|
3 |
2006 |
$154,682,000 |
|
4 |
2007 |
$173,317,000 |
Bodies may have their grants reduced, or be required to repay a grant, for
breaches of conditions of grants under Part 2-2, 2-3 or 2-4.
Reduction and repayment of grants is also dealt with in the Reduction and
Repayment Guidelines. The provisions of this Part indicate when a particular
matter is or may be dealt with in these Guidelines.
Note: The Reduction and Repayment Guidelines are made by the
Minister under section 238-10.
(1) The *Secretary may
determine:
(a) that an amount of a grant made, or to be made, to a body under
Part 2-2, 2-3 or 2-4 is to be reduced; or
(b) that an amount of a grant made to a body under Part 2-2, 2-3 or
2-4 is to be repaid to the Commonwealth.
(2) The *Secretary may make a
determination under subsection (1) if:
(a) the body breaches a condition of a grant made to the body under
Part 2-2, 2-3 or 2-4, whether or not that grant is the grant to be reduced
or repaid; and
(b) the Secretary is satisfied that it is appropriate to take that action
(see section 54-5); and
(c) the Secretary complies with the requirements of
Division 60.
Without limiting the matters that the
*Secretary may consider in deciding whether it
is appropriate under subsection 54-1(1) to take particular action, the Secretary
may consider any or all of the following matters:
(a) whether the breach is of a minor or major nature;
(b) whether the breach has occurred before and, if so, how
often;
(c) if the body is a higher education provider—the impact that the
breach may have on the body’s students;
(d) if the body is a higher education provider—the impact of the
breach on the higher education provided by the body;
(e) the impact of the breach on Australia’s reputation as a provider
of high quality higher education;
(f) any other matter set out in the Reduction and Repayment
Guidelines.
(1) If an amount of a grant is to be reduced under this Part, it must be
reduced by an amount determined by the
*Secretary in writing.
(2) The Reduction and Repayment Guidelines may set out requirements about
how such an amount is to be determined. The
*Secretary must make his or her determination
in accordance with any such requirements.
(1) If an amount of a grant is to be repaid under this Part, the amount to
be repaid is the amount that the *Secretary
determines in writing.
(2) The amount to be repaid must not exceed the amount of the
grant.
(3) The Reduction and Repayment Guidelines may set out requirements about
how such an amount is to be determined. The
*Secretary must make his or her determination
in accordance with any such requirements.
(4) The amount to be repaid is a debt owed to the Commonwealth by the body
to which the grant was paid.
(1) Before making a decision under paragraph 54-1(a) or (b) in respect of
a body, the *Secretary must give to the body
notice in writing:
(a) stating that the Secretary is considering reducing the body’s
grant, or requiring the repayment of a grant made to the body, as the case may
be; and
(b) stating the amount of the proposed reduction or repayment and the
reasons why the Secretary is considering taking that action; and
(c) inviting the body to make written submissions to the Secretary within
28 days on either or both of the following matters:
(i) why that action should not be taken;
(ii) why the amount of the proposed reduction or repayment should be
reduced; and
(d) informing the body that, if no submission is received under
paragraph (c) within the time required, the action will take effect on the
day after the last day for making submissions.
(2) In deciding whether to take the action, the
*Secretary must consider any submissions
received from the body within the 28 day period.
(1) The *Secretary must notify the body
in writing of his or her decision on whether or not to take the action. The
notice:
(a) must be in writing; and
(b) if a submission was received from the body within the 28 day
period—must specify the day that the decision is to take effect;
and
(c) must be given within the period of 28 days following the period in
which submissions may have been given to the Secretary under subsection
60-1(1).
(2) If no notice is given within the period provided for in
paragraph (1)(c), the *Secretary is taken
to have decided not to take the action.
If the *Secretary’s decision is to
take the action, the decision takes effect:
(a) if no submission was made under subsection 60-1(1)—on the day
after the last day for making submissions; or
(b) if such a submission was made—on the day specified in the notice
under subsection 60-5(1).
This Chapter provides for the Student Learning Entitlement and for 3 kinds
of assistance that the Commonwealth provides to students.
A sufficient Student Learning Entitlement is required for a student to
access HECS-HELP assistance under this Chapter. It also enables a student to
access places that are funded under Part 2-2 (Commonwealth Grant
Scheme).
Note: The Commonwealth meets all or part of the higher
education costs of students who are enrolled in places funded under
Part 2-2.
The 3 kinds of assistance available under this Chapter are:
• HECS-HELP assistance—assistance to meet a student’s
liability to pay student contribution amounts for units of study that are
Commonwealth supported (see Part 3-2);
• FEE-HELP assistance—assistance to meet a student’s
liability to pay tuition fees for units of study that are not Commonwealth
supported (see Part 3-3);
• OS-HELP assistance—assistance to a student who, as part of
his or her course of study, is to undertake study at an overseas higher
education institution (see Part 3.4).
The Commonwealth pays the assistance to the relevant higher education
provider either (in the case of HECS-HELP assistance and FEE-HELP assistance) to
discharge the student’s liability, or (in the case of OS-HELP assistance)
to pay to students on the Commonwealth’s behalf.
The assistance is (in most cases) in the form of a loan from the
Commonwealth to the student.
Note: Chapter 4 deals with the repayment of loans made
under this Chapter.
Student Learning Entitlement (or SLE) is needed for many of the forms of
assistance under this Act. In these cases, units of study that a person enrols
in must be covered by the person’s SLE.
Broadly speaking, a person starts with an SLE equivalent to 5 years of
full-time study. This is reduced as the person undertakes units of study as a
Commonwealth supported student (but it can be re-credited in some
circumstances).
*Student Learning Entitlement is also
dealt with in the Student Learning Entitlement Guidelines. The provisions of
this Part indicate when a particular matter is or may be dealt with in these
Guidelines.
Note: The Student Learning Entitlement Guidelines are made
by the Minister under section 238-10.
A person’s Student Learning Entitlement is the sum
of:
(a) the *ordinary SLE that the person has
under section 73-5; and
(b) any *additional SLE that the person
has under section 73-20;
taking into account any reductions in the person’s
*SLE under Division 76 and any
re-crediting of the person’s SLE under Division 79.
Ordinary SLE accruing on 1 January 2005
(1) A person who is an *eligible person
on 1 January 2005 has, on that day, an
*ordinary SLE equal to 5
*EFTSL.
Ordinary SLE accruing after 1 January 2005
(2) Any other person who (by birth or otherwise) becomes an
*eligible person on a day after 1 January
2005 has on the earliest such day an *ordinary
SLE equal to 5 *EFTSL.
Meaning of eligible person
(3) An eligible person is:
(a) an Australian citizen; or
(b) a citizen of New Zealand; or
(c) a *permanent visa holder.
(1) EFTSL is an equivalent full-time student load. It is a
measure of the study load of a student undertaking a
*course of study on a full-time
basis.
(2) A particular amount of EFTSL is an amount of study, undertaken with a
higher education provider as part of a *course
of study, represented by units of study with
*EFTSL values the sum of which equals that
amount.
(1) The EFTSL value of a unit of study is the value that the
higher education provider with which the unit may be undertaken determines in
writing to be the EFTSL value of the unit, expressed as a fraction of one
*EFTSL.
(2) If the unit can form part of more than one
*course of study, the provider may determine an
EFTSL value of the unit for each such course.
(3) If a unit of study is subject to separate determinations in relation
to different *courses of study, a reference in
this Act to the EFTSL value of the unit is, when the unit forms part of such a
course, a reference to the EFTSL value of the unit determined under
subsection (2) for the course.
(4) Determinations under this section must be in accordance with any
requirements set out in the Student Learning Entitlement Guidelines.
(1) A person has an *additional SLE
if:
(a) the person is enrolled in a *course
of study with a higher education provider; and
(b) the course is specified, or is a course of a kind specified, in the
Student Learning Entitlement Guidelines as a course or kind of course to which
additional SLE applies; and
(c) the person meets any other requirements, relating to additional SLE,
set out in the Student Learning Entitlement Guidelines.
(2) The person is taken to have had the
*additional SLE from the time immediately
before he or she enrolled in the *course of
study.
(3) The amount of the *additional SLE is
an amount (expressed in *EFTSL) worked out in
accordance with the Student Learning Entitlement Guidelines.
A person’s *SLE cannot be
transferred to, or used by, another person.
(1) A person ceases to have an *SLE if he
or she ceases to be an *eligible
person.
(2) If a person:
(a) had previously ceased to be an
*eligible person; and
(b) becomes an eligible person again;
on becoming an eligible person again, the person has the same
*SLE (if any) that he or she had immediately
before the last time on which he or she ceased to be an eligible
person.
(1) A person’s *SLE is reduced
if:
(a) at the end of the *census date for a
unit of study with a higher education provider, the person is enrolled in the
unit; and
(b) the person is enrolled in the unit as part of a
*course of study (other than an
*enabling course); and
(c) the person is a *Commonwealth
supported student in relation to the unit; and
(d) the person has, on or before the census date, completed and signed a
*request for Commonwealth assistance in
relation to:
(i) the unit; or
(ii) the course of study of which the unit forms a part.
(2) The amount of the reduction is an amount equal to the
*EFTSL value of the unit of study.
(3) The reduction takes effect immediately after the
*census date for the unit of study.
(4) This section does not apply if the unit of study consists wholly of
*work experience in industry.
Note 1: There are special rules for reduction of a
person’s additional SLE: see section 76-5.
Note 2: A person’s SLE can be re-credited in some
circumstances: see Division 79.
(1) If a person has an *additional SLE,
that additional SLE is not reduced under section 76-1 in relation to a unit
of study unless:
(a) the person’s *ordinary SLE is
less than the *EFTSL value of the unit;
and
(b) the person is enrolled in the unit as part of the
*course of study in relation to which the
additional SLE applies.
(2) If:
(a) a person has both an *additional SLE
and *ordinary SLE; and
(b) the ordinary SLE is insufficient to
*cover a unit of study in which the person is
enrolled;
then, in reducing the person’s *SLE
under section 76-1 to take account of the unit:
(c) the person’s ordinary SLE is reduced to zero; and
(d) the person’s additional SLE is reduced only to the extent that
the ordinary SLE is insufficient to cover the unit.
Example: Marjorie has, at the start of a course of study in
medicine, an ordinary SLE of 5 EFTSL and an additional SLE of 2 EFTSL. Assume
that she will be a Commonwealth supported student in relation to the units of
study she enrols in as part of the course.
If, in the first 4 years of study, Marjorie completes units
of study with a total EFTSL value of 4.87 EFTSL, her ordinary SLE is reduced to
0.13 EFTSL. The additional SLE remains at 2 EFTSL.
If she now enrols in a unit of study with an EFTSL value of
0.25 (and the additional SLE applies to the relevant course of study),
then:
(a) her ordinary SLE is reduced to zero;
and
(b) the additional SLE is reduced to 1.88 EFTSL (because the
unit’s EFTSL value exceeds the remaining ordinary SLE by 0.12
EFTSL).
If the additional SLE had not applied to the relevant
course of study, Marjorie’s SLE would not have covered the unit (see
Division 82), and she would not be a Commonwealth supported student in
relation to the unit.
A higher education provider must, on the
*Secretary’s behalf, re-credit a
person’s *SLE with an amount equal to the
*EFTSL value of a unit of study if:
(a) the person has been enrolled in the unit as part of a
*course of study with the provider;
and
(b) the person has not completed the requirements for the unit during the
period during which the person undertook, or was to undertake, the unit;
and
(c) the provider is satisfied that special circumstances apply to the
person (see section 79-5); and
(d) the person applies in writing to the provider for re-crediting of the
SLE; and
(e) either:
(i) the application is made before the end of the application period under
section 79-10; or
(ii) the provider 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.
Note: A HECS-HELP debt relating to a unit of study will be
remitted if the SLE in relation to the unit is re-credited: see subsection
137-5(4). In addition, it is a condition of the higher education
provider’s funding under Part 2-2 that payments for the unit must be
repaid: see section 36-20.
(1) For the purposes of paragraph 79-1(c), special circumstances apply to
the person if and only if the higher education provider receiving the
application is satisfied that circumstances apply to the person that:
(a) are beyond the person’s control; and
(b) do not make their full impact on the person until on or after the
*census date for the unit of study in question;
and
(c) make it impracticable for the person to complete the requirements for
the unit during the period during which the person undertook, or was to
undertake, the unit.
(2) The Student Learning Entitlement Guidelines may specify circumstances
in which a higher education provider will be satisfied of a matter referred to
in paragraph (1)(a), (b) or (c). A decision of a higher education provider
under this section must be in accordance with any such guidelines.
Note: Guidelines made for the purposes of this subsection
also have effect for the purposes of subsection 104-30(2) (re-crediting a
person’s FEE-HELP balance).
(1) If:
(a) the person applying under paragraph 79-1(d) for the re-crediting of
the person’s *SLE in relation to a unit
of study has withdrawn his or her enrolment in the unit; and
(b) the higher education provider gives notice to the person that the
withdrawal has taken effect;
the application period for the application is the period of 12 months after
the day specified in the notice as the day the withdrawal takes
effect.
(2) If subsection (1) does not apply, the application period for the
application is the period of 12 months after the end of the period during which
the person undertook, or was to undertake, the unit.
(1) If:
(a) the application is made before the end of the application period under
section 79-10; or
(b) the higher education provider 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;
the provider must, as soon as practicable, consider the matter to which the
application relates and notify the applicant of the decision on the
application.
(2) The notice must include a statement of the reasons for the
decision.
Note: Refusals of applications are reviewable under
Part 5-7.
A unit of study is covered by a person’s
*SLE if:
(a) the person enrols in the unit as part of a
*course of study with a higher education
provider; and
(b) the *EFTSL value of the unit does not
exceed the amount of the person’s SLE that is
*available to the person at the time of
enrolment in the unit.
The amount of a person’s *SLE that
is available to the person at a particular time is the difference
between:
(a) the amount of the person’s SLE at that time; and
(b) the sum of the *EFTSL values of all
of the units of study (if any) in which the person is enrolled, each of which is
a unit of study:
(i) the *census date for which will occur
later than that time; and
(ii) that was *covered by the
person’s SLE at the time of enrolment; and
(iii) in relation to which the person is a
*Commonwealth supported student.
Example: Assume that Alan has an SLE of 0.75 EFTSL on a day
on which he enrols as a Commonwealth supported student in 2 units of study with
one higher education provider (total EFTSL value of 0.25 EFTSL), and in 3 units
of study with another higher education provider (total EFTSL value of 0.38
EFTSL). Assume further that the census dates for all of the units are later
days.
The amount of SLE that is available to Alan following the
enrolments is:
Note that Alan still has an SLE of 0.75 EFTSL, which is
unaffected until the first of the census dates for the units. However, only 0.12
EFTSL can be applied to further enrolments.
If Alan wanted to enrol in another unit of study with an
EFTSL value of 0.125, the unit would not be covered by the person’s
SLE.
Alan could not be a Commonwealth supported student in
relation to the other unit unless, before the census date for one of the units
(with an EFTSL value of at least 0.05) in which he is enrolled,
he:
(a) provides written advice to the higher education provider
in question that he did not wish to be a Commonwealth supported student in
relation to the unit; or
(b) discontinues his enrolment in the unit.
A unit of study is not covered by a person’s
*SLE, despite section 82-1, if:
(a) the person has an *additional SLE;
and
(b) the *EFTSL value of the unit exceeds
the amount of the person’s *ordinary SLE
that is *available to the person at the time of
enrolment in the unit;
unless the person is enrolled in, or proposes to enrol in, the unit as part
of the *course of study in relation to which
the additional SLE applies.
(1) If:
(a) a person enrols at the same time in more than one unit of study as
part of one or more *courses of study with one
or more higher education providers; and
(b) the sum of the *EFTSL values of the
units exceed the amount of the person’s
*SLE that is
*available to the person at the time of
enrolment in the units;
then, despite section 82-1, a unit that is one of those units is
covered by the person’s SLE only if:
(c) the person chooses not to be a
*Commonwealth supported student in relation to
one or more of the other units (excluded units); and
(d) the sum of the EFTSL values of all of those units that are not
excluded units does not exceed the amount of the person’s SLE that is
available to the person at the time of enrolment in the units; and
(e) in a case where the person has an
*additional SLE—section 82-10 does
not prevent the unit from being covered by the person’s SLE.
(2) A person’s choice under paragraph (1)(c) in relation to a
unit of study is to be made by giving written notice of the choice:
(a) to an *appropriate officer of the
higher education provider with which the person is enrolled in the unit;
and
(b) on or before the *census date for the
unit.
Students may be entitled to HECS-HELP assistance for units of study for
which they are Commonwealth supported, if they meet certain
requirements.
The amount of assistance is based on the student contribution amounts
charged for the units, less any up-front payments. The assistance is paid to
higher education providers to discharge the students’ liability to pay
student contribution amounts.
Note: Amounts of assistance under this Part may form part of
a person’s HELP debts that the Commonwealth recovers under
Part 4-2.
*HECS-HELP assistance is also dealt with
in the HECS-HELP Guidelines. The provisions of this Part indicate when a
particular matter is or may be dealt with in these Guidelines.
Note 1: The HECS-HELP Guidelines are made by the Minister
under section 238-10.
Note 2: Matters arising under section 93-10 may be
dealt with in the Commonwealth Grant Scheme Guidelines.
A student is entitled to *HECS-HELP
assistance for a unit of study in which the student is enrolled with a higher
education provider as part of a *course of
study if:
(a) the student meets the citizenship or residency requirements under
section 90-5; and
(b) the *census date for the unit is on
or after 1 January 2005; and
(c) the student is a *Commonwealth
supported student in relation to the unit; and
(d) either:
(i) at the time of enrolment, the unit was
*covered by the student’s
*Student Learning Entitlement; or
(ii) the unit wholly consists of *work
experience in industry; and
(e) the student:
(i) enrolled in the unit on or before the census date for the unit;
and
(ii) at the end of the census date, remained so enrolled; and
(f) the student either:
(i) *meets the tax file number
requirements (see section 187-1); or
(ii) pays, as one or more *up-front
payments in relation to the unit, 80% of the
*student contribution amount for the unit;
and
(g) the student has, on or before the census date, completed and signed a
*request for Commonwealth assistance in
relation to the unit, or in relation to the course of study of which the unit
forms a part.
(1) The citizenship or residency requirements for
*HECS-HELP assistance for a unit of study are
that the student in question is:
(a) an Australian citizen; or
(b) the holder of a permanent humanitarian visa (within the meaning of the
regulations made under the Migration Act 1958) who will be resident in
Australia for the duration of the unit.
(2) In determining, for the purpose of paragraph (1)(b), whether the
student will be resident in Australia for the duration of the unit, disregard
any period of residence outside Australia that:
(a) cannot reasonably be regarded as indicating an intention to reside
outside Australia for the duration of that unit; or
(b) is required for the purpose of completing a requirement of that
unit.
The amount of *HECS-HELP assistance to
which a student is entitled for a unit of study is the difference
between:
(a) the *student contribution amount for
the unit; and
(b) the sum of any *up-front payments
made in relation to the unit.
(1) The student contribution amount for a unit of study is
the amount worked out as follows:
where:
student contribution amount per place is the amount that the
higher education provider with which the unit is to be undertaken determines to
be the student contribution amount per place for the unit.
(2) The *student contribution amount per
place determined for the unit must not exceed the
*maximum student contribution amount per place
for the unit.
(3) The student contribution amount for a unit of study is
nil if it is undertaken as part of an *enabling
course. This subsection has effect despite subsection (1).
(4) If an amount worked out by using the formula in subsection (1) is
an amount made up of dollars and cents, round the amount down to the nearest
dollar.
The maximum student contribution amount per place for a
unit of study is:
(a) if the unit is included in a *funding
cluster that is referred to in the following table:
(i) if subparagraph (ii) does not apply—the amount specified in
the table in relation to that funding cluster; or
(ii) such other amount as is specified in the Commonwealth Grant Scheme
Guidelines in relation to that funding cluster; or
(b) if the unit is included in a funding cluster that has been varied or
added by the Commonwealth Grant Scheme Guidelines—the amount specified in
those Guidelines in relation to that funding cluster.
|
Maximum student contribution amounts per place |
||
|---|---|---|
|
Item |
Funding clusters |
Maximum student contribution amount per
place |
|
1 |
Law |
$8,168 |
|
2 |
Accounting, Administration, Economics, Commerce |
$6,977 |
|
3 |
Humanities |
$4,898 |
|
4 |
Mathematics, Statistics |
$6,977 |
|
5 |
Behavioural Science, Social Studies |
$4,898 |
|
6 |
Computing, Built Environment, Health |
$6,977 |
|
7 |
Foreign Languages, Visual and Performing Arts |
$4,898 |
|
8 |
Engineering, Science, Surveying |
$6,977 |
|
9 |
Dentistry, Medicine, Veterinary Science |
$8,168 |
|
10 |
Agriculture |
$6,977 |
|
11 |
Education |
$3,768 |
|
12 |
Nursing |
$3,768 |
Note 1: For the funding clusters in which particular units
of study are included, see the Commonwealth Grant Scheme Guidelines made for the
purposes of section 33-35.
Note 2: Maximum student contribution amounts per place are
indexed under Part 5-6.
(1) An up-front payment, in relation to a unit of study for
which a *student contribution amount is
payable, is a payment of part of the student contribution amount for the unit,
other than a payment of *HECS-HELP assistance
under this Part.
(2) The payment must be made on or before the
*census date for the unit.
(3) The payment is not an up-front payment to the extent
that:
(a) the payment; or
(b) if other up-front payments have already been made in relation to the
unit—the sum of the payment and all of those other up-front
payments;
exceeds 80% of the *student contribution
amount for the unit.
Note 1: The Commonwealth pays 1/4 of any up-front
payments if the total amount of the up-front payments, for the unit and other
units with the same census date, is 80% of the sum of the student contribution
amounts for all of the units or is $500 or more: see sections 96-5 and
96-10.
Note 2: It is a condition of grants under Part 2-2 that
higher education providers not accept up-front payments of more than 80% of
student contribution amounts from students who are entitled to HECS-HELP
assistance: see section 36-50.
Note: Part 5-1 deals generally with payments by the
Commonwealth under this Act.
If a student is entitled to an amount of
*HECS-HELP assistance for a unit of study with
a higher education provider and no *up-front
payments are made for the unit, the Commonwealth must:
(a) as a benefit to the student, lend to the student the amount of
HECS-HELP assistance; and
(b) pay to the provider the amount lent in discharge of the
student’s liability to pay the *student
contribution amount for the unit.
General
(1) If:
(a) a student is entitled to an amount of
*HECS-HELP assistance for a unit of study with
a higher education provider; and
(b) one or more *up-front payments have
been made for the unit; and
(c) the sum of all of the up-front payments made for all of the units of
study:
(i) that have the same *census date as
that unit; and
(ii) in relation to which the student is enrolled with the provider as a
*Commonwealth supported student;
is less than 80% of the sum of the
*student contribution amounts for all of the
units; and
(d) the sum of all of the up-front payments made for all of the units is
$500 or more;
the Commonwealth must pay the amount of HECS-HELP assistance in accordance
with subsections (2) and (3).
Payment of loan amount
(2) The Commonwealth must:
(a) as a benefit to the student, lend to the student an amount equal to
the difference between the amount of *HECS-HELP
assistance for the unit and the *HECS-HELP
discount for the unit; and
(b) pay to the provider the amount lent in discharge of that amount of the
student’s liability to pay the *student
contribution amount for the unit.
Payment of discount amount
(3) The Commonwealth must, as a benefit to the student, pay to the
provider an amount equal to the *HECS-HELP
discount for the unit in discharge of that amount of the student’s
liability to pay the *student contribution
amount for the unit.
Meaning of HECS-HELP discount
(4) The HECS-HELP discount for a unit of study is an amount
equal to one quarter of the sum of all of the
*up-front payments made for the unit if the sum
of those payments is $500 or more.
Example: Robert is required to pay a student contribution
amount of $2,745 by 31 March 2005, and makes an up-front payment of $1,000
on 20 March 2005.
Robert is entitled to HECS-HELP assistance of $1,745
($2,745 minus $1,000), which the Commonwealth must pay to the higher education
provider.
The up-front payment exceeded $500 so there is a HECS-HELP
discount of $250 (one quarter of $1,000). The Commonwealth lends to Robert the
remainder of the HECS-HELP assistance, an amount of $1,495 ($1745 minus
$250).
If:
(a) a student is entitled to an amount of
*HECS-HELP assistance for a unit of study with
a higher education provider; and
(b) one or more *up-front payments have
been made for the unit; and
(c) the sum of all of the up-front payments made for all of the units of
study:
(i) that have the same *census date as
that unit; and
(ii) in relation to which the student is enrolled as a
*Commonwealth supported student;
is 80% of the sum of the *student
contribution amounts for all of the units;
the Commonwealth must, as a benefit to the student, pay to the provider the
amount of HECS-HELP assistance for the unit in discharge of that amount of the
student’s liability to pay the student contribution amount for the
unit.
Note: HECS-HELP assistance does not give rise to a HECS-HELP
debt if there has been an up-front payment of 80% of the student contribution
amounts for the unit and other units with the same census
date.
Students may be entitled to FEE-HELP assistance for units of study for
which they are not Commonwealth supported, if they meet certain
requirements.
The amount of assistance is based on the tuition fees charged for the
units, but there is a limit on the total amount of assistance that a student can
receive. The assistance is paid to higher education providers to discharge the
students’ liability to pay tuition fees.
Note: Amounts of assistance under this Part may form part of
a person’s HELP debts that the Commonwealth recovers under
Part 4-2.
*FEE-HELP assistance is also dealt with
in the FEE-HELP Guidelines. The provisions of this Part indicate when a
particular matter is or may be dealt with in these Guidelines.
Note: The FEE-HELP Guidelines are made by the Minister under
section 238-10.
(1) A student is entitled to *FEE-HELP
assistance for a unit of study if:
(a) the student meets the citizenship or residency requirements under
section 104-5; and
(b) the student’s *FEE-HELP balance
is greater than zero; and
(c) the *census date for the unit is on
or after 1 January 2005; and
(d) the student is not a *Commonwealth
supported student in relation to the unit; and
(e) the unit meets the course requirements under section 104-10;
and
(f) the unit:
(i) is, or is to be, undertaken as part of a
*course of study; or
(ii) is a unit access to which was provided by
*Open Learning Australia; or
(iii) is part of a *bridging course for
overseas-trained professionals; and
(g) the student:
(i) enrolled in the unit on or before the census date for the unit;
and
(ii) at the end of the census date, remained so enrolled; and
(h) the student *meets the tax file
number requirements (see section 187-1); and
(i) the student has, on or before the census date, completed and signed a
*request for Commonwealth assistance in
relation to the unit, or in relation to the course of study of which the unit
forms a part; and
(j) the student has not been precluded from receipt of the FEE-HELP
assistance because of section 107-15.
(2) However, the student is not entitled to
*FEE-HELP assistance for the unit if:
(a) the student has already undertaken 8 or more other units of study,
access to which was provided by *Open Learning
Australia; and
(b) the student did not successfully complete at least 50% of those other
units.
(1) The citizenship or residency requirements for
*FEE-HELP assistance for a unit of study are
that the student in question is:
(a) an Australian citizen; or
(b) the holder of a permanent humanitarian visa (within the meaning of the
regulations made under the Migration Act 1958) who will be resident in
Australia for the duration of the unit; or
(c) if the student is undertaking, or is to undertake, the unit as part of
a *bridging course for overseas-trained
professionals—a *permanent visa holder
who will be resident in Australia for the duration of the unit.
(2) In determining, for the purpose of paragraph (1)(b) or (c),
whether the student will be resident in Australia for the duration of the unit,
disregard any period of residence outside Australia that:
(a) cannot reasonably be regarded as indicating an intention to reside
outside Australia for the duration of the unit; or
(b) is required for the purpose of completing a requirement of that
unit.
(1) The course requirements for *FEE-HELP
assistance for a unit of study are that:
(a) if the unit is being undertaken as part of a
*course of study, the course is not a course
that:
(i) is subject to a determination under subsection (2); or
(ii) is with a higher education provider that is subject to a
determination under subsection (2); and
(b) if the unit is being undertaken as part of a course of study with a
higher education provider that is a *non
self-accrediting provider—the course is an
*accredited course.
(2) The Minister may determine in writing that:
(a) a specified course provided by a specified higher education provider
is a course in relation to which *FEE-HELP
assistance is unavailable; or
(b) all courses provided by a specified higher education provider are
courses in relation to which FEE-HELP assistance is unavailable.
(1) A person’s FEE-HELP balance at a particular time
is:
(a) if the *FEE-HELP limit is greater
than the sum of all of the amounts of *FEE-HELP
assistance that have previously been payable to the person—the difference
between the *FEE-HELP limit and that sum;
and
(b) otherwise—zero.
(2) To avoid doubt, the sum referred to in paragraph (1)(a) includes
amounts of *FEE-HELP assistance that have been
repaid.
The FEE-HELP limit is $50,000.
Note: The FEE-HELP limit is indexed under
Part 5-6.
A higher education provider must, on the
*Secretary’s behalf, re-credit a
person’s *FEE-HELP balance with an amount
equal to the amounts of *FEE-HELP assistance
that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider;
and
(b) the person has not completed the requirements for the unit during the
period during which the person undertook, or was to undertake the unit;
and
(c) the provider is satisfied that special circumstances apply to the
person (see section 104-30); and
(d) the person applies in writing to the provider for re-crediting of the
FEE-HELP balance; and
(e) either:
(i) the application is made before the end of the application period under
section 104-35; or
(ii) the provider 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.
Note: A FEE-HELP debt relating to a unit of study will be
remitted if the FEE-HELP balance in relation to the unit is re-credited: see
section 137-10.
(1) For the purposes of paragraph 104-25(c), special circumstances apply
to the person if and only if the higher education provider receiving the
application is satisfied that circumstances apply to the person that:
(a) are beyond the person’s control; and
(b) do not make their full impact on the person until on or after the
*census date for the unit of study in question;
and
(c) make it impracticable for the person to complete the requirements for
the unit in the period during which the person undertook, or was to undertake
the unit.
(2) If the Student Learning Entitlement Guidelines specify circumstances
in which a higher education provider will be satisfied of a matter referred to
in paragraph 79-5(1)(a), (b) or (c), any decision of a higher education provider
under this section must be in accordance with any such guidelines.
Note: The matters referred to in paragraphs 79-5(1)(a), (b)
and (c) (which relate to re-crediting of Student Learning Entitlement) are
identical to the matters referred to in paragraphs (1)(a), (b) and (c) of
this section.
(1) If:
(a) the person applying under paragraph 104-25(d) for the re-crediting of
the person’s *FEE-HELP balance in
relation to a unit of study has withdrawn his or her enrolment in the unit;
and
(b) the higher education provider gives notice to the person that the
withdrawal has taken effect;
the application period for the application is the period of 12 months after
the day specified in the notice as the day the withdrawal takes
effect.
(2) If subsection (1) does not apply, the application period for the
application is the period of 12 months after the period during which the person
undertook, or was to undertake, the unit.
(1) If:
(a) the application is made before the end of the application period under
section 104-35; or
(b) the higher education provider 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;
the provider must, as soon as practicable, consider the matter to which the
application relates and notify the applicant of the decision on the
application.
(2) The notice must include a statement of the reasons for the
decision.
Note: Refusals of applications are reviewable under
Part 5-7.
Courses consisting of subjects or units
(1) One or more subjects or units in which a person is enrolled with a
higher education provider are together a bridging course for
overseas-trained professionals if:
(a) the person holds an *assessment
statement issued by an *assessing body for a
*listed professional occupation; and
(b) the statement is to the effect that, in the body’s opinion, if
the person were successfully to undertake additional studies of a kind specified
in the statement, the person would meet the
*requirements for entry to that occupation;
and
(c) the person undertakes, or proposes to undertake, those additional
studies by enrolling, or proposing to enrol, on a
*non-award basis, in those subjects or units
with the provider; and
(d) the total *student load imposed on
the person in relation to those subjects or units does not exceed the
provider’s *maximum BOTP student load;
and
(e) those subjects or units relate to the assessment statement.
Courses consisting of occupation-related courses of
instruction
(2) One or more occupation-related courses of instruction in which a
person is enrolled with a higher education provider are together a
bridging course for overseas-trained professionals if:
(a) the person holds an *assessment
statement issued by an *assessing body for a
*listed professional occupation; and
(b) the statement is to the effect that, in the body’s opinion, if
the person were to be successful in one or more examinations specified in the
statement, the person would meet the
*requirements for entry to that occupation;
and
(c) the person prepares, or proposes to prepare, for those examinations by
enrolling, or proposing to enrol, on a
*non-award basis, in those occupation-related
courses of instruction with the provider; and
(d) the total *student load imposed on
the person in relation to those courses does not exceed the provider’s
*maximum BOTP student load; and
(e) those courses relate to the assessment statement.
Courses consisting of tuition and training programs
(3) A tuition and training program in which a person is enrolled with a
higher education provider is a bridging course for overseas-trained
professionals if:
(a) the person holds an *assessment
statement issued by an *assessing body for a
*listed professional occupation; and
(b) the statement is to the effect that, in the body’s opinion, if
the person were to undertake a tuition and training program of a kind specified
in the statement, the person would meet the
*requirements for entry to that occupation;
and
(c) the person undertakes, or proposes to undertake, such a program by
enrolling, or proposing to enrol, on a
*non-award basis, in a tuition and training
program with the provider; and
(d) the total *student load imposed on
the person in relation to that program does not exceed the institution’s
*maximum BOTP student load; and
(e) that program relates to the assessment statement.
(1) An *assessing body for a
*listed professional occupation may give to a
person who:
(a) holds a qualification that:
(i) was awarded in a foreign country; and
(ii) relates to that occupation; and
(b) proposes to seek entry to that occupation:
(i) in Australia; or
(ii) if the assessing body is an
*assessing body of a State or
Territory—in that State or Territory;
a written statement to the effect that, in the body’s opinion, if the
person were to do any or all of the things referred to in subsection (2),
the person would meet the *requirements for
entry to that occupation. The statement is an assessment
statement.
(2) The statement may refer to any or all of the following:
(a) successfully undertaking additional studies of a kind specified in the
statement;
(b) being successful in one or more examinations specified in the
statement;
(c) successfully undertaking a tuition and training program of a kind
specified in the statement.
Note: A statement could specify one of the things mentioned
in paragraph (a), (b) or (c) or any combination of the things mentioned in
those paragraphs.
(3) This section does not affect the power of an
*assessing body to charge fees for an
*assessment statement under
subsection (1).
(1) An assessing body for a particular
*listed professional occupation is a person or
body specified in the FEE-HELP Guidelines as an assessing body for that
occupation.
(2) This section does not prevent 2 or more persons or bodies from being
assessing bodies for the same *listed
professional occupation.
(3) The FEE-HELP Guidelines may limit the specification of a person or
body as an assessing body for a particular
*listed professional occupation to:
(a) a particular State; or
(b) the Australian Capital Territory; or
(c) the Northern Territory.
Such an assessing body is an assessing body of a State or
Territory.
(1) A listed professional occupation is an
*occupation specified in the FEE-HELP
Guidelines as a listed professional occupation.
(2) To avoid doubt, an *occupation may be
specified even if it is not one of the traditional professions.
(1) An occupation includes a part of an occupation specified
in the FEE-HELP Guidelines as an occupation in its own right.
(2) The following are examples of ways in which a part of an occupation
can be specified:
(a) so much of an occupation as has a bachelor degree (or equivalent)
entry requirement;
(b) so much of an occupation as consists of a particular
specialisation.
(1) The requirements for entry, to a
*listed professional occupation, are the
educational requirements:
(a) for entry to that occupation in Australia; or
(b) if the requirements are referred to in an
*assessment statement given by an
*assessing body of a State or Territory for
that occupation—for entry to that occupation in that State or
Territory.
(2) A requirement for entry to a *listed
professional occupation may:
(a) be imposed by or under a law; or
(b) be imposed by or under the rules of a body; or
(c) consist of eligibility for membership of a body; or
(d) arise as a generally accepted employment or industry
practice.
(3) However, neither of the following is a requirement for entry to a
*listed professional occupation:
(a) English language training relating to general aspects of written
communication or verbal communication, or both; or
(b) being successful in:
(i) the Occupational English Test administered by Language Australia;
or
(ii) any other English language test, where that test does not form an
integral part of an occupation-related study unit, an occupation-related course
of instruction or an occupation-related tuition and training program.
(1) The student load for one or more units of study, for one
or more occupation-related courses of instruction or for a tuition and training
program is the study load determined, in accordance with the FEE-HELP
Guidelines, by the higher education provider providing the units, courses or
program. It:
(a) does not include any *work experience
in industry; and
(b) is to be worked out on the assumption that the person undertaking, or
proposing to undertake, the units, courses or program will not be required to
repeat anything.
(2) The maximum BOTP student load for a higher
education provider is the *student load
determined by the provider, in accordance with the FEE-HELP Guidelines, to
represent:
(a) the load imposed on a full-time student for one year; or
(b) the part-time equivalent of that load.
The amount of *FEE-HELP assistance to
which a student is entitled for a unit of study is the difference
between:
(a) the *tuition fee for the unit;
and
(b) the sum of any *up-front payments
made in relation to the unit.
Note: A lesser amount may be payable because of
section 107-10 or 107-15.
(1) An up-front payment, in relation to a unit of study for
which a *tuition fee is payable, is a payment
of all or part of the tuition fee for the unit, other than a payment of
*FEE-HELP assistance under this Part.
(2) The payment must be made on or before the
*census date for the unit.
Amount of FEE-HELP assistance for one unit
(1) The amount of *FEE-HELP assistance to
which a student is entitled for a unit of study is an amount equal to the
student’s *FEE-HELP balance on the
*census date for the unit if:
(a) there is no other unit of study, with the same census date, for which
the student is entitled to FEE-HELP assistance; and
(b) the amount of FEE-HELP assistance to which the student would be
entitled under section 107-1 for the unit would exceed that FEE-HELP
balance.
Note: A lesser amount may be payable because of
section 107-15.
Amount of FEE-HELP assistance for more than one unit
(2) If the sum of:
(a) the amount of *FEE-HELP assistance to
which a student would be entitled under section 107-1 for a unit of study;
and
(b) any other amounts of FEE-HELP assistance to which the student would be
entitled under that section for other units that have the same
*census date as that unit;
would exceed the student’s *FEE-HELP
balance on the census date for the unit, then, despite subsection (1) of
this section, the total amount of FEE-HELP assistance to which the student is
entitled for all of those units is an amount equal to that FEE-HELP
balance.
Example: Kath has a FEE-HELP balance of $2,000, and is
enrolled in 4 units with the same census date. The tuition fee for each unit is
$600. The total amount of FEE-HELP assistance to which Kath is entitled for the
units is $2,000, even though the total amount of tuition fees for the units is
$2,400.
Note: A lesser amount may be payable because of
section 107-15.
(3) If the student has enrolled in the units with more than one higher
education provider, the student must notify each provider of the proportion of
the total amount of *FEE-HELP assistance that
is to be payable in relation to the units in which the student has enrolled with
that provider.
(1) The FEE-HELP Guidelines may specify that the sum of all amounts of
*FEE-HELP assistance that would (apart from
this section) be payable for units of study undertaken with a particular higher
education provider during a particular period is not to exceed a specified
amount.
(2) The provider must select which of the students, who (apart from this
section) are entitled to *FEE-HELP assistance,
are to receive FEE-HELP assistance during the period. The selection must be
carried out in accordance with the FEE-HELP Guidelines.
(3) The FEE-HELP Guidelines may set out procedures that higher education
providers must follow in deciding whether to select students for receipt of
*FEE-HELP assistance.
(4) Without limiting subsection (3), those procedures may include one
or more of the following:
(a) applications by students for selection for receipt of
*FEE-HELP assistance;
(b) matters higher education providers must consider in deciding which
students to select;
(c) the basis on which higher education providers must decide which
students to select;
(d) deadlines on higher education providers for making those
decisions;
(e) notifying applicants of the decisions on their
applications.
Note: Part 5-1 deals generally with payments by the
Commonwealth under this Act.
If a student is entitled to an amount of
*FEE-HELP assistance for a unit of study with a
higher education provider, the Commonwealth must:
(a) as a benefit to the student, lend to the student the amount of
FEE-HELP assistance; and
(b) pay the amount lent to the provider in discharge of the
student’s liability to pay the *tuition
fee for the unit.
If, under section 104-25, a higher education provider re-credits a
person’s *FEE-HELP balance with an amount
relating to *FEE-HELP assistance for a unit of
study, the provider must pay to the Commonwealth an amount equal to the amount
of FEE-HELP assistance to which the person was entitled for the
unit.
Students may be entitled to OS-HELP assistance for periods of study with
overseas higher education institutions, if they meet certain requirements. In
particular, their higher education provider must have selected them for OS-HELP
assistance.
The amount of OS-HELP assistance is limited to a maximum amount for each
period of study, and only 2 such periods can attract OS-HELP
assistance.
Note: Amounts of assistance under this Part may form part of
a person’s HELP debts that the Commonwealth recovers under
Part 4-2.
*OS-HELP assistance is also dealt with
in the OS-HELP Guidelines. The provisions of this Part indicate when a
particular matter is or may be dealt with in these Guidelines.
Note: The OS-HELP Guidelines are made by the Minister under
section 238-10.
(1) A student is entitled to *OS-HELP
assistance in relation to a period of 6 months if:
(a) the student meets the citizenship or residency requirements under
section 118-5; and
(b) the student has not received OS-HELP assistance on more than one other
occasion; and
(c) the student is enrolled in an undergraduate
*course of study with a
*Table A provider; and
(d) the student has already completed units of study:
(i) that count towards the course requirements for that course;
and
(ii) that have a total *EFTSL value of at
least one *EFTSL; and
(iii) in relation to which the student was a
*Commonwealth supported student; and
(e) the student meets the overseas study requirements under
section 118-10; and
(f) on the completion of that study outside Australia, the student will
have to complete units of study that have a total EFTSL value of at least one
EFTSL in order to complete the course requirements for that course of study;
and
(g) the student *meets the tax file
number requirements (see section 187-1); and
(h) the student has completed and signed a
*request for Commonwealth assistance in
relation to that course of study; and
(i) the provider has selected the student for receipt of OS-HELP
assistance in relation to the period (see section 118-15).
(2) However, the student is not entitled to
*OS-HELP assistance in relation to that period
if another higher education provider has granted OS-HELP assistance to the
student in relation to:
(a) that period; or
(b) a period that overlaps with that period.
The citizenship or residency requirements for
*OS-HELP assistance are that the student in
question is:
(a) an Australian citizen; or
(b) the holder of a permanent humanitarian visa (within the meaning of the
regulations made under the Migration Act 1958).
The overseas study requirements for
*OS-HELP assistance are that:
(a) the student in question:
(i) is enrolled in full-time study with an overseas higher education
institution; and
(ii) will be outside Australia while undertaking that study; and
(iii) the study commences on or after 1 January 2005; and
(b) there is an arrangement, between the overseas institution and the
higher education provider with which the student is enrolled, for the
provider’s students to undertake study at the institution; and
(c) under that arrangement, the student’s study outside Australia
will count towards the course requirements of the
*course of study in which the student is
enrolled with the provider.
(1) The OS-HELP Guidelines may set out procedures that higher education
providers must follow in deciding whether to select students for receipt of
*OS-HELP assistance.
(2) Without limiting subsection (1), those procedures may include one
or more of the following:
(a) applications by students for selection for receipt of
*OS-HELP assistance;
(b) the basis on which higher education providers will select students for
receipt of OS-HELP assistance;
(c) matters higher education providers must consider in deciding which
students to select;
(d) deadlines on higher education providers for making those
decisions;
(e) notifying applicants of the decisions on their applications.
(3) Any decision by a higher education provider whether to select a
student for receipt of *OS-HELP assistance must
be made in accordance with the OS-HELP Guidelines.
(4) Without limiting the matters that may be included in the OS-HELP
Guidelines made for the purposes of subsection (3), those guidelines may
deal with:
(a) the number of its students whom higher education providers may select
for receipt of *OS-HELP assistance;
or
(b) how that number is to be determined.
(1) The amount of *OS-HELP assistance to
which a student is entitled for a period of 6 months is the amount determined by
the higher education provider to which the student applied for selection for
receipt of the assistance.
(2) The amount must not exceed:
(a) the amount specified in the application; or
(b) the *maximum OS-HELP amount for a
period of 6 months.
(3) The amount must not be less than the higher education provider’s
*minimum OS-HELP amount, if the provider has a
minimum OS-HELP amount.
(4) The OS-HELP Guidelines may specify requirements for how amounts of
*OS-HELP assistance are to be determined.
Amounts of OS-HELP assistance are to be determined in accordance with any such
requirements.
The maximum OS-HELP amount, for a period of 6 months, is
$5,000.
Note: The maximum OS-HELP amount is indexed under
Part 5-6.
(1) A higher education provider may determine, in writing, its
*minimum OS-HELP amount.
(2) The determination has effect until:
(a) it is replaced by a later determination; or
(b) it is revoked.
(3) The OS-HELP Guidelines may specify requirements for how
*minimum OS-HELP amounts are to be determined.
Minimum OS-HELP amounts are to be determined in accordance with any such
requirements.
Note: Part 5-1 deals generally with payments by the
Commonwealth under this Act.
(1) If a student is entitled to an amount of
*OS-HELP assistance for a period of 6 months,
the Commonwealth must, as a benefit to the student, lend to the student the
amount of OS-HELP assistance.
(2) The higher education provider that selected the student for receipt of
*OS-HELP assistance in relation to the period
must, on the Commonwealth’s behalf, pay to the student the amount
lent.
(3) The Commonwealth must make payments to the higher education provider
on account of amounts the provider pays under this section on the
Commonwealth’s behalf.
Loans that the Commonwealth makes to students under Chapter 3 are
repayable under this Chapter.
Each loan is incorporated into either the person’s accumulated
HECS-HELP debt or accumulated FEE-HELP/OS-HELP debt, depending on the form of
assistance under Chapter 3 to which the loan relates (see
Part 4-1).
Under Part 4-2, the accumulated debts can be repaid in 2
ways:
• a person may make voluntary repayments (which may attract a
repayment bonus); or
• compulsory repayments (based on a person’s income) are made
using the system for payment of income tax.
A person incurs a HELP debt if he or she receives, as HECS-HELP assistance,
FEE-HELP assistance or OS-HELP assistance, a loan from the Commonwealth under
Chapter 3.
HECS-HELP debts are incorporated into the person’s accumulated
HECS-HELP debt. FEE-HELP debts and OS-HELP debts are incorporated into the
person’s accumulated FEE-HELP/OS-HELP debt. These accumulated debts form
the basis of working out the amounts that the person is obliged to repay (see
Part 4-2).
The following are HELP debts:
(a) *HECS-HELP debts;
(b) *FEE-HELP debts;
(c) *OS-HELP debts.
Incurring HECS-HELP debts
(1) A person incurs a debt to the Commonwealth if, under section 96-1
or 96-5, the Commonwealth:
(a) makes a loan to the person; and
(b) uses the amount lent to make a payment in discharge of the
person’s liability to pay the *student
contribution amount for a unit of study.
The debt is a HECS-HELP debt.
(2) The amount of the *HECS-HELP debt is
the amount of the loan.
When HECS-HELP debts are incurred
(3) The *HECS-HELP debt is taken to have
been incurred immediately after the *census
date for the unit, whether or not the Commonwealth has made a payment in respect
of the *student contribution amount.
Remission of HECS-HELP debts
(4) A person’s *HECS-HELP debt in
relation to a unit of study is taken to be remitted if the person’s
*SLE is re-credited under Division 79 in
relation to the unit.
Incurring FEE-HELP debts
(1) A person incurs a debt to the Commonwealth if, under
section 110-1, the Commonwealth:
(a) makes a loan to the person; and
(b) uses the amount lent to make a payment in discharge of the
person’s liability to pay the *tuition
fee for a unit of study.
The debt is a FEE-HELP debt.
(2) The amount of the *FEE-HELP debt is
the amount of the loan.
When FEE-HELP debts are incurred
(3) The *FEE-HELP debt is taken to have
been incurred immediately after the *census
date for the unit, whether or not the Commonwealth has made a payment in respect
of the *tuition fee.
Remission of FEE-HELP debts
(4) A person’s *FEE-HELP debt in
relation to a unit of study is taken to be remitted if the person’s
*FEE-HELP balance is re-credited under
section 104-25 in relation to the unit.
Incurring OS-HELP debts
(1) A person incurs a debt to the Commonwealth if, under
section 124-1, the Commonwealth makes a loan to the person. The debt is an
OS-HELP debt.
(2) The amount of the *OS-HELP debt is
the amount of the loan.
When OS-HELP debts are incurred
(3) The *OS-HELP debt is taken to have
been incurred on the day on which a higher education provider, on the
Commonwealth’s behalf, paid the amount lent to the person.
Upon the death of a person who owes a
*HELP debt to the Commonwealth, the debt is
taken to have been paid.
Note: HELP debts are not provable in bankruptcy: see
subsection 82(3AB) of the Bankruptcy Act 1966.
(1) There are 2 stages to working out a person’s
*accumulated HECS-HELP debt for a financial
year.
Stage 1—Former accumulated HECS-HELP debt
(2) The *former accumulated HECS-HELP
debt is worked out by adjusting the preceding financial year’s
*accumulated HECS-HELP debt to take account
of:
(a) changes in the Consumer Price Index; and
(b) the *HECS-HELP debts that he or she
incurs during the last 6 months of the preceding financial year; and
(c) *voluntary repayments of the debt;
and
(d) *compulsory repayment amounts in
respect of the debt.
(See Subdivision 140-B.)
Stage 2—Accumulated HECS-HELP debt
(3) The person’s *accumulated
HECS-HELP debt is worked out from:
(a) his or her *former accumulated
HECS-HELP debt; and
(b) the *HECS-HELP debts that he or she
incurs during the first 6 months of the financial year; and
(c) *voluntary repayments of those
debts.
(See Subdivision 140-C.)
Note: Incurring that financial year’s accumulated
HECS-HELP debt discharges the previous accumulated HECS-HELP debt and HECS-HELP
debts under this Part: see section 140-35.
(1) A person’s former accumulated HECS-HELP debt, in
relation to the person’s *accumulated
HECS-HELP debt for a financial year, is worked out by multiplying:
(a) the amount worked out using the following method statement;
by
(b) the *HELP debt indexation factor for
1 June in that financial year.
Method statement
Step 1. Take the person’s
*accumulated HECS-HELP debt for the immediately
preceding financial year. (This amount is taken to be zero if the person has no
accumulated HECS-HELP debt for that financial year.)
Step 2. Add the sum of all of the
*HECS-HELP debts (if any) that the person
incurred during the last 6 months of the immediately preceding financial
year.
Step 3. Subtract the sum of the amounts by which the person’s
debts referred to in steps 1 and 2 are reduced because of any
*voluntary repayments that have been made
during the period:
(a) starting on 1 June in the immediately preceding financial year;
and
(b) ending immediately before the next 1 June.
Step 4. Subtract the sum of all of the person’s
*compulsory repayment amounts that:
(a) were assessed during that period (excluding any assessed as a result
of a *return given before that period);
or
(b) were assessed after the end of that period as a result of a return
given before the end of that period.
Step 5. Subtract the sum of the amounts by which any
*compulsory repayment amount of the person is
increased (whether as a result of an increase in the person’s
*taxable income of an
*income year or otherwise) by an amendment of
an assessment made during that period.
Step 6. Add the sum of the amounts by which any
*compulsory repayment amount of the person is
reduced (whether as a result of a reduction in the person’s
*taxable income of an
*income year or otherwise) by an amendment of
an assessment made during that period.
Example: Lorraine is studying part-time for a Degree of
Bachelor of Communications. On 1 June 2007 Lorraine had an accumulated
HECS-HELP debt of $15,000. She incurred a HECS-HELP debt of $1,500 on
31 March 2007. She made a voluntary repayment of $550 (which includes a
voluntary repayment bonus of $50) on 1 May 2008. Lorraine lodged her
2006-07 income tax return and a compulsory repayment amount of $3,000 was
assessed and notified on her income tax notice of assessment on 3 September
2007.
To work out Lorraine’s former accumulated HECS-HELP
debt before indexation on 1 June 2008:
Step 1: Take the previous accumulated HECS-HELP debt
of $15,000 on 1 June 2007.
Step 2: Add the HECS-HELP debt of $1,500 incurred on
31 March 2007.
Step 3: Subtract the $550 voluntary repayment made on
1 May 2008.
Step 4: Subtract the $3,000 compulsory repayment
assessed on 3 September 2007.
Steps 5 and 6: Do not apply because since 1 June
2007 Lorraine had no amendments to any assessment.
Lorraine’s former accumulated HECS-HELP debt before
indexation on 1 June 2008 is:
If, for example, the indexation factor for 1 June 2008
were 1.050, then the former accumulated HECS-HELP debt would
be:
(2) For the purposes of this section, an assessment, or an amendment of an
assessment, is taken to have been made on the day specified in the notice of
assessment, or notice of amended assessment, as the date of issue of that
notice.
(1) The HELP debt indexation factor for 1 June in a
financial year is the number (rounded to 3 decimal places) worked out as
follows:
Method statement
Step 1. Add:
(a) the *index number for the
*quarter ending on 31 March in that
financial year; and
(b) the index numbers for the 3 quarters that immediately preceded that
quarter.
Step 2. Add:
(a) the *index number for the
*quarter ending on 31 March in the
immediately preceding financial year; and
(b) the index numbers for the 3 quarters that immediately preceded that
quarter.
Step 3. The HELP debt indexation factor for
1 June in the financial year is the amount under step 1 divided by the
amount under step 2.
(2) For the purposes of rounding a *HELP
debt indexation factor, the third decimal place is rounded up if, apart from the
rounding:
(a) the factor would have 4 or more decimal places; and
(b) the fourth decimal place would be a number greater than 4.
(1) The index number for a
*quarter is the All Groups Consumer Price Index
number, being the weighted average of the 8 capital cities, published by the
*Australian Statistician in respect of that
quarter.
(2) Subject to subsection (3), if, at any time before or after the
commencement of this Act:
(a) the *Australian Statistician has
published or publishes an *index number in
respect of a *quarter; and
(b) that index number is in substitution for an index number previously
published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index for the purposes of this
section.
(3) If, at any time before or after the commencement of this Act, the
*Australian Statistician has changed or changes
the reference base for the Consumer Price Index, then, in applying this section
after the change took place or takes place, have regard only to
*index numbers published in terms of the new
reference base.
The *Commissioner must cause to be
published before 1 June in each financial year the
*HELP debt indexation factor for that
1 June.
(1) A person’s accumulated HECS-HELP debt, for a
financial year, is worked out as follows:
where:
former accumulated HECS HELP debt is the person’s
*former accumulated HECS-HELP debt in relation
to that *accumulated HECS-HELP debt.
HECS-HELP debt repayments is the sum of all of the
*voluntary repayments (if any) paid, on or
after 1 July in the preceding financial year and before the next
1 June, in reduction of the *HECS-HELP
debts incurred on or after 1 July in the immediately preceding financial
year.
HECS-HELP debts incurred is the sum of the amounts of all of
the *HECS-HELP debts (if any) that the person
incurred during the first 6 months of the financial year.
Example: Paula is studying part-time for a Degree of
Bachelor of Science. On 1 June 2009, her former accumulated HECS-HELP debt
was worked out using Subdivision 143-B to be $20,000. She incurred a
HECS-HELP debt of $1,500 on 31 August 2008. No repayments have been made in
the 12 months from 1 June 2008.
Paula’s accumulated HECS-HELP debt on 1 June
2009 is worked out by taking her former accumulated HECS-HELP debt of $20,000
and adding the $1,500 HECS-HELP debt incurred on 31 August 2008. That
is:
(2) The person incurs the *accumulated
HECS-HELP debt on 1 June in the financial year.
(3) The first financial year for which a person can have an
*accumulated HECS-HELP debt is the financial
year starting on 1 July 2005.
(1) If, apart from this section, a person’s
*accumulated HECS-HELP debt would be an amount
consisting of a number of whole dollars and a number of cents, disregard the
number of cents.
(2) If, apart from this section, a person’s
*accumulated HECS-HELP debt would be an amount
of less than one dollar, the person’s accumulated HECS-HELP debt is taken
to be zero.
(1) The *accumulated HECS-HELP debt that
a person incurs on 1 June in a financial year discharges, or discharges the
unpaid part of:
(a) any *HECS-HELP debt that the person
incurred during the calendar year immediately preceding that day; and
(b) any accumulated HECS-HELP debt that the person incurred on the
immediately preceding 1 June.
(2) Nothing in subsection (1) affects the application of
Division 137, Subdivision 140-B or section 140-25.
(1) Upon the death of a person who has an
*accumulated HECS-HELP debt, the accumulated
HECS-HELP debt is taken to be discharged.
(2) To avoid doubt, this section does not affect any
*compulsory repayment amounts required to be
paid in respect of the *accumulated HECS-HELP
debt, whether or not those amounts were assessed before the person’s
death.
Note: Accumulated HECS-HELP debts are not provable in
bankruptcy: see subsection 82(3AB) of the Bankruptcy Act
1966.
(1) There are 3 stages to working out a person’s
*accumulated FEE-HELP/OS-HELP debt for a
financial year.
Stage 1—Former unindexed FEE-HELP/OS-HELP debt
(2) The person’s *former unindexed
FEE-HELP/OS-HELP debt is worked out by adjusting the preceding financial
year’s *accumulated FEE-HELP/OS-HELP debt
to take account of:
(a) the *FEE-HELP/OS-HELP debts that he
or she incurs during the last 6 months of the preceding financial year;
and
(b) *voluntary repayments of the debt;
and
(c) *compulsory repayment amounts in
respect of the debt, so far as they are not taken into account in working out an
*accumulated HECS-HELP debt.
(See Subdivision 143-B.)
Stage 2—Former indexed FEE-HELP/OS-HELP debt
(3) The *former indexed FEE-HELP/OS-HELP
debt is worked out by adjusting the person’s
*former unindexed FEE-HELP/OS-HELP debt to take
account of:
(a) changes in the Consumer Price Index; and
(b) for some financial years, an interest rate of 3.5%.
(See Subdivision 143-C.)
Stage 3—Accumulated FEE-HELP/OS-HELP debt
(4) The person’s *accumulated
FEE-HELP/OS-HELP debt is worked out from:
(a) his or her *former indexed
FEE-HELP/OS-HELP debt; and
(b) the *FEE-HELP debts and
*OS-HELP debts that he or she incurs during the
first 6 months of the financial year; and
(c) *voluntary repayments of those
debts.
(See Subdivision 143-D.)
Note: Incurring that financial year’s accumulated
FEE-HELP/OS-HELP debt discharges the previous accumulated FEE-HELP/OS-HELP debt,
FEE-HELP debts and OS-HELP debts under this Part: see
section 143-25.
(1) A person’s former unindexed FEE-HELP/OS-HELP debt
in relation to the financial year is worked out as follows:
Method statement
Step 1. Take the person’s
*accumulated FEE-HELP/OS-HELP debt for the
immediately preceding financial year. (This amount is taken to be zero if the
person has no accumulated FEE-HELP/OS-HELP debt for that financial
year.)
Step 2. Add the sum of all of the
*FEE-HELP debts (if any) and
*OS-HELP debts (if any) that the person
incurred during the last 6 months of the immediately preceding financial
year.
Step 3. Subtract the sum of the amounts by which the person’s
debts referred to in steps 1 and 2 are reduced because of any
*voluntary repayments that have been made
during the period:
(a) starting on 1 June in the immediately preceding financial year;
and
(b) ending immediately before the next 1 June.
Step 4. Subtract the sum of all of the person’s
*compulsory repayment amounts that:
(a) were assessed during that period (excluding any assessed as a result
of a *return given before that period);
or
(b) were assessed after the end of that period as a result of a return
given before the end of that period.
Step 5. Subtract the sum of the amounts by which any
*compulsory repayment amount of the person is
increased (whether as a result of an increase in the person’s
*taxable income of an
*income year or otherwise) by an amendment of
an assessment made during that period.
Step 6. Add the sum of the amounts by which any
*compulsory repayment amount of the person is
reduced (whether as a result of a reduction in the person’s
*taxable income of an
*income year or otherwise) by an amendment of
an assessment made during that period.
(2) However, in applying step 4, 5 or 6 of the method statement, disregard
any *compulsory repayment amount of the person,
or any increase or reduction in that amount, to the extent (if any) that the
amount, increase or reduction is taken into account in the corresponding step in
the method statement in section 140-5.
Example 1: Regina is studying for a Degree of Master of
Business Administration. On 1 June 2007, Regina has an accumulated
FEE-HELP/OS-HELP debt of $6,000. She has never had an accumulated HECS-HELP
debt. On 31 March 2007 Regina incurred a FEE-HELP debt of $4,000. On
31 August 2007 she incurred a FEE-HELP debt of $3,500. Regina lodged her
2006-07 income tax return and a compulsory repayment amount of $3,000 was
assessed on 22 August 2007. She also made a voluntary repayment of $2,500
to reduce her outstanding FEE-HELP/OS-HELP debts on 12 May 2008. On
15 May 2008 an amended assessment was issued for Regina’s 2006-07
income tax return because she had omitted some income. As a result, the original
compulsory repayment amount was increased by $500.
To work out Regina’s former unindexed
FEE-HELP/OS-HELP debt on 1 June 2008:
Step 1: Take the previous accumulated
FEE-HELP/OS-HELP debt of $6,000 from 1 June 2007.
Step 2: Add the FEE-HELP debt of $4,000 incurred on
31 March 2007.
Step 3: Subtract the voluntary repayment of
$2,500.
Step 4: Subtract the compulsory repayment amount of
$3,000.
Step 5: Subtract the increased compulsory repayment
amount of $500.
Step 6: Does not apply.
Regina’s former unindexed FEE-HELP/OS-HELP debt on
1 June 2008 is:
Example 2: Mark has a Degree of Bachelor Commerce/Laws and a
Graduate Diploma in Ethics. On 1 June 2008 Mark had an accumulated
HECS-HELP debt of $1,000 and an accumulated FEE-HELP/OS-HELP debt of $5,000. He
has not incurred any further HELP debts from 1 January 2008. Mark lodged
his 2007-08 income tax return and a compulsory repayment amount of $3,000 was
assessed on 8 September 2008. The first $1,000 of the compulsory repayment
amount was applied to reduce Mark’s accumulated HECS-HELP debt to nil. The
remaining $2,000 of the compulsory repayment amount was applied to Mark’s
accumulated FEE-HELP/OS-HELP debt.
To work out Mark’s former unindexed FEE-HELP/OS-HELP
debt on 1 June 2009:
Step 1: Take his previous accumulated
FEE-HELP/OS-HELP debt of $5,000 at 1 June 2008.
Step 2: Does not apply because no new debts were
incurred.
Step 3: Does not apply because no voluntary
repayments were made.
Step 4: Subtract the compulsory repayment amount of
$2,000 (that is the $3,000 compulsory repayment amount reduced by the $1,000
that paid off the accumulated HECS-HELP debt).
Steps 5 and 6: Do not apply because since 1 June
2008 Mark had no amendments to any assessment.
Mark’s former unindexed FEE-HELP/OS-HELP debt on
1 June 2009 is:
(3) For the purposes of this section, an assessment, or an amendment of an
assessment, is taken to have been made on the day specified in the notice of
assessment, or notice of amended assessment, as the date of that
notice.
Former indexed FEE-HELP/OS-HELP debts for the first 10 financial
years
(1) A person’s former indexed FEE-HELP/OS-HELP debt,
in relation to the person’s *accumulated
FEE-HELP/OS-HELP debt for a financial year to which this subsection applies, is
worked out by multiplying:
(a) the person’s *former unindexed
FEE-HELP/OS-HELP debt in relation to the financial year; by
(b) the sum of:
(i) the *HELP debt indexation factor for
1 June in that financial year; and
(ii) 0.035.
(2) Subsection (1) applies to a financial year if:
(a) it is the financial year in which the person first incurred any
*FEE-HELP debt or
*OS-HELP debt (whether or not that debt has
been repaid); or
(b) it is any of the 9 financial years following that financial
year.
Former indexed FEE-HELP/OS-HELP debts for later financial
years
(3) A person’s former indexed FEE-HELP/OS-HELP debt,
in relation to the person’s *accumulated
FEE-HELP/OS-HELP debt for a financial year to which subsection (1) does not
apply, is worked out by multiplying:
(a) the person’s *former unindexed
FEE-HELP/OS-HELP debt in relation to the financial year; by
(b) the *HELP debt indexation factor for
1 June in that financial year.
(1) A person’s accumulated FEE-HELP/OS-HELP debt, for
a financial year, is worked out as follows:
where:
FEE-HELP and OS-HELP debt repayments is the sum of all of the
*voluntary repayments (if any) paid, on or
after 1 July in the preceding financial year and before the next
1 June, in reduction of the *FEE-HELP
debts or *OS-HELP debts incurred on or after
1 July in the immediately preceding financial year.
FEE-HELP and OS-HELP debts incurred is the sum of the amounts
of all of the *FEE-HELP debts (if any) and
*OS-HELP debts (if any) that the person
incurred during the first 6 months of the financial year.
former indexed FEE-HELP/OS-HELP debt is the person’s
*former indexed FEE-HELP/OS-HELP debt in
relation to that *accumulated FEE-HELP/OS-HELP
debt.
Example: David is studying part-time for a Graduate Diploma
in Accounting. On 1 June 2009 his former indexed FEE-HELP/OS-HELP debt was
worked out using Subdivision 143-C to be $25,000. He incurred a FEE-HELP
debt of $1,800 on 31 August 2008. No repayments have been made in the 12
months from 1 June 2008.
David’s accumulated FEE-HELP/OS-HELP debt on
1 June 2009 is worked out by taking his former indexed FEE-HELP/OS-HELP
debt of $25,000 and adding the $1,800 FEE-HELP debt incurred on 31 August
2008. That is:
(2) The person incurs the *accumulated
FEE-HELP/OS-HELP debt on 1 June in the financial year.
(3) The first financial year for which a person can have an
*accumulated FEE-HELP/OS-HELP debt is the
financial year starting on 1 July 2005.
(1) If, apart from this section, a person’s
*accumulated FEE-HELP/OS-HELP debt would be an
amount consisting of a number of whole dollars and a number of cents, disregard
the number of cents.
(2) If, apart from this section, a person’s
*accumulated FEE-HELP/OS-HELP debt would be an
amount of less than one dollar, the person’s accumulated FEE-HELP/OS-HELP
debt is taken to be zero.
(1) The *accumulated FEE-HELP/OS-HELP
debt that a person incurs on 1 June in a financial year discharges, or
discharges the unpaid part of:
(a) any *FEE-HELP debt or
*OS-HELP debt that the person incurred during
the calendar year immediately preceding that day; and
(b) any accumulated FEE-HELP/OS-HELP debt that the person incurred on the
immediately preceding 1 June.
(2) Nothing in subsection (1) affects the application of
Division 137, Subdivision 143-B or 143-C or
section 143-15.
(1) Upon the death of a person who has an
*accumulated FEE-HELP/OS-HELP debt, the
accumulated FEE-HELP/OS-HELP debt is taken to be discharged.
(2) To avoid doubt, this section does not affect any
*compulsory repayment amounts required to be
paid in respect of the *accumulated
FEE-HELP/OS-HELP debt, whether or not those amounts were assessed before the
person’s death.
Note: Accumulated FEE-HELP/OS-HELP debts are not provable in
bankruptcy: see subsection 82(3AB) of the Bankruptcy Act
1966.
A person who owes a debt to the Commonwealth under this Chapter may make
voluntary repayments. In some cases these may attract a 10% repayment
bonus.
The person is required to make repayments, of amounts based on his or her
income, if that income is above a particular amount. The Commissioner of
Taxation makes assessments of what amounts are to be repaid, and the amounts are
collected in the same way as amounts of income tax.
(1) A person may at any time make a payment in respect of a debt that the
person owes to the Commonwealth under this Chapter.
(2) The payment must be made to the
*Commissioner.
(1) The effect that a payment under section 151-1 has on a
*HECS-HELP debt or an
*accumulated HECS-HELP debt that a person (the
debtor) owes to the Commonwealth under this Chapter is the effect
specified in subsection (2) or (3) of this section if:
(a) the amount of the payment is:
(i) $500 or more; or
(ii) sufficient to be taken under subsection (2) to pay off the total
debt; and
(b) the payment is in respect of:
(i) one or more HECS-HELP debts; or
(ii) an accumulated HECS-HELP debt.
Total debt paid off
(2) The debtor is taken to pay off the total debt if the payment in
respect of the debt is equal to, or exceeds, an amount worked out as
follows:
Example: The total of Andrew’s HECS-HELP debts and
accumulated HECS-HELP debt is $2,500. To pay off his debt to the Commonwealth he
only needs to repay $2,272 ($2,500 divided by 1.1 is $2,272, rounding down to
the nearest dollar).
Part of debt paid off
(3) If the debtor is not taken to pay off the total debt, the outstanding
amount of the debt is to be reduced by an amount worked out as
follows:
Example: The total of Helen’s HECS-HELP debts and
accumulated HECS-HELP debt is $4,500. She makes a voluntary repayment of $1,500.
With a 10% bonus, the value of her repayment is $1,650. The total amount that
she owes to the Commonwealth is reduced to $2,850.
(4) If an amount worked out using the formula in subsection (2) or
(3) is an amount made up of dollars and cents, round the amount down to the
nearest dollar.
(1) Any money a person pays under this Division to meet the person’s
debts to the Commonwealth under this Chapter is to be applied in payment of
those debts as the person directs at the time of the payment.
(2) If the person has not given any directions, or the directions given do
not adequately deal with the matter, any money available is to be applied as
follows:
(a) first, in discharge or reduction of any
*accumulated HECS-HELP debt of the
person;
(b) secondly, in discharge or reduction of any
*accumulated FEE-HELP/OS-HELP debt of the
person;
(c) thirdly, in discharge or reduction of:
(i) any *HECS-HELP debt of the person;
or
(ii) if there is more than one such debt, those debts in the order in
which they were incurred;
(d) fourthly, in discharge or reduction of:
(i) any *FEE-HELP debt or
*OS-HELP debt of the person; or
(ii) if there is more than one such debt, those debts in the order in
which they were incurred.
If:
(a) a person pays an amount to the Commonwealth under this Division;
and
(b) the amount exceeds the sum of:
(i) the amount required to discharge the total debt that the person owed
to the Commonwealth under this Chapter; and
(ii) the total amount of the person’s primary tax debts (within the
meaning of Part IIB of the Taxation Administration Act
1953);
the Commonwealth must refund to the person an amount equal to that
excess.
Note: Interest is payable if the Commonwealth is late in
paying refunds: see Part IIIA of the Taxation (Interest on Overpayments
and Early Payments) Act 1983.
(1) If:
(a) a person’s *repayment income
for an *income year exceeds the
*minimum repayment income for the income year;
and
(b) on 1 June immediately preceding the making of an assessment in
respect of the person’s income of that income year, the person had an
*accumulated HECS-HELP debt, an
*accumulated FEE-HELP/OS-HELP debt, or
both;
the person is liable to pay to the Commonwealth, in accordance with this
Division, the amount worked out under section 154-20 in reduction of the
person’s *repayable debt.
(2) A person is not liable under this section to pay an amount for an
*income year if, under section 8 of the
Medicare Levy Act 1986:
(a) no *Medicare levy is payable by the
person on the person’s *taxable income
for the income year; or
(b) the amount of the Medicare levy payable by the person on the
person’s taxable income for the income year is reduced.
(1) A person’s repayment income for an
*income year is an amount equal to the sum
of:
(a) the person’s *taxable income
for the income year; and
(b) if a person has a *rental property
loss for the income year—the amount of that rental property loss;
and
(c) if the person:
(i) is an employee (within the meaning of the Fringe Benefits Tax
Assessment Act 1986); and
(ii) has a reportable fringe benefits total (within the meaning of that
Act) for the income year;
the reportable fringe benefits total for the income year; and
(d) if the person has *exempt foreign
income for the income year—the amount of that exempt foreign
income.
(2) The person’s rental property loss is the amount
(if any) by which the amount of the person’s allowable deductions under
the Income Tax Assessment Act 1997 in respect of rental property in
Australia exceeds the person’s gross rental property income.
(3) For the purposes of subsection (2), disregard any rental property
income that the person derives as a member of a partnership.
(4) The person’s exempt foreign income is the total
amount (if any) by which the person’s income that is exempt from tax under
section 23AF or 23AG of the Income Tax Assessment Act 1936 exceeds
the total amount of losses and outgoings that the person incurs in deriving that
exempt income.
(5) For the purposes of subsection (4), disregard any capital losses
and outgoings.
The minimum repayment income for an
*income year is:
(a) for the 2005-06 income year—$30,000; or
(b) for a later income year—that amount as indexed under
section 154-25.
(1) A person’s repayable debt for an
*income year is:
(a) the sum of:
(i) the person’s *accumulated
HECS-HELP debt (if any); and
(ii) the person’s *accumulated
FEE-HELP/OS-HELP debt (if any);
referred to in paragraph 154-1(1)(b) in relation to that income year;
or
(b) if one or more amounts:
(i) have been paid in reduction of those debts; or
(ii) have been assessed under section 154-35 to be payable in respect
of those debts;
the amount (if any) remaining after deducting from the sum of those debts
the amount, or sum of the amounts, so paid or assessed to be payable.
(2) A reference in paragraph (1)(b) to an amount assessed to be
payable is, if the amount has been increased or reduced by an amendment of the
relevant assessment, a reference to the increased amount or the reduced
amount.
The amount that a person is liable to pay under section 154-1, in
respect of an *income year, is an amount equal
to so much of the person’s *repayable
debt for the income year as does not exceed the percentage of the person’s
*repayment income that is applicable under the
following table:
|
Applicable percentages |
||
|---|---|---|
|
Item |
If the person’s repayment income is: |
The percentage applicable is: |
|
1 |
More than the *minimum repayment income,
but less than: (a) for the 2005-06 *income
year—$35,607; or (b) for a later income year—that amount indexed under
section 154-25. |
4% |
|
2 |
More than the amount under item 1, but less than: (a) for the 2005-06 *income
year—$42,973; or (b) for a later income year—that amount indexed under
section 154-25. |
4.5% |
|
3 |
More than the amount under item 2, but less than: (a) for the 2005-06 *income
year—$45,233; or (b) for a later income year—that amount indexed under
section 154-25. |
5% |
|
4 |
More than the amount under item 3, but less than: (a) for the 2005-06 *income
year—$48,622; or (b) for a later income year—that amount indexed under
section 154-25. |
5.5% |
|
5 |
More than the amount under item 4, but less than: (a) for the 2005-06 *income
year—$52,658; or (b) for a later income year—that amount indexed under
section 154-25. |
6% |
|
6 |
More than the amount under item 5, but less than: (a) for the 2005-06 *income
year—$55,430; or (b) for a later income year—that amount indexed under
section 154-25. |
6.5% |
|
7 |
More than the amount under item 6, but less than: (a) for the 2005-06 *income
year—$60,972; or (b) for a later income year—that amount indexed under
section 154-25. |
7% |
|
8 |
More than the amount under item 7, but less than: (a) for the 2005-06 *income
year—$65,000; or (b) for a later income year—that amount indexed under
section 154-25. |
7.5% |
|
9 |
More than the amount under item 8. |
8% |
(1) The following amounts for the 2006-07
*income year, or a later income year:
(a) the *minimum repayment
income;
(b) the amounts referred to in paragraph (a) of the second column of
items 1 to 8 of the table in section 154-20;
are indexed by multiplying the corresponding amounts for the 2005-06 income
year by the amount worked out using the formula:
(2) AWE, for an
*income year, is the number of dollars in the
sum of:
(a) the average weekly earnings for all employees (total earnings,
seasonally adjusted) for the *reference period
in the *quarter ending on 31 December
immediately before the income year, as published by the
*Australian Statistician; and
(b) the average weekly earnings for all employees for the reference period
in each of the 3 quarters immediately before that quarter, as published by the
Australian Statistician.
(3) The reference period in a particular
*quarter in a year is the period described by
the *Australian Statistician as the pay period
ending on or before a specified day that is the third Friday of the middle month
of that quarter.
(4) If an amount worked out under this section is an amount made up of
dollars and cents, round the amount down to the nearest dollar.
The Minister must cause to be published in the Gazette, before the
start of the 2006-07 *income year or a later
income year:
(a) the *minimum repayment income;
and
(b) the amounts referred to in paragraph (b) of the second column of
items 1 to 8 of the table in section 154-20;
for that income year.
The *Commissioner may, from any
information in the Commissioner’s possession, whether from a
*return or otherwise, make an assessment
of:
(a) the sum of the person’s
*accumulated HECS-HELP debt and the
person’s *accumulated FEE-HELP/OS-HELP
debt on 1 June immediately before the making of the assessment;
and
(b) the amount required to be paid in respect of that sum under
section 154-1.
If:
(a) the *Commissioner is required to
serve on a person a notice of assessment in respect of the person’s income
of an *income year under section 174 of
the Income Tax Assessment Act 1936; and
(b) the Commissioner has made, in respect of the person, an assessment
under section 154-35 of this Act of the amounts referred to in that
section; and
(c) notice of the assessment under that section has not been served on the
person;
notice of the assessment under that section may be served by specifying the
amounts concerned in the notice referred to in paragraph (a).
(1) A person may apply in writing to the
*Commissioner for deferral of the making of an
assessment in respect of the person under section 154-35.
(2) The application must specify:
(a) the *income year for which the
deferral is being sought; and
(b) the reasons for seeking the deferral.
(3) The *income year specified in the
application must be:
(a) the income year in which the person makes the application;
or
(b) the immediately preceding income year; or
(c) the immediately succeeding income year.
(4) The *Commissioner may, on application
by a person under this section, defer making an assessment in respect of the
person under section 154-35 if the Commissioner is of the opinion
that:
(a) if the assessment were made, payment of the assessed amount would
cause serious hardship to the person; or
(b) there are other special reasons that make it fair and reasonable to
defer making the assessment.
(5) The *Commissioner may defer making
the assessment for any period that he or she thinks appropriate.
(6) The *Commissioner must, as soon as
practicable after an application is made under this section:
(a) consider the matter to which the application relates; and
(b) notify the applicant of the Commissioner’s decision on the
application.
Note: Deferrals of making assessments, or refusals of
applications, are reviewable under Part 5-7.
(1) A person may apply in writing to the
*Commissioner for an amendment of an assessment
made in respect of the person under section 154-35 so that:
(a) the amount payable under the assessment is reduced; or
(b) no amount is payable under the assessment.
(2) The application:
(a) must be made no later than 2 years after the end of the
*income year to which the assessment relates;
or
(b) must specify the reasons justifying a later application.
(3) The *Commissioner may, on application
by a person under this section, amend an assessment made in respect of the
person under section 154-35 so that:
(a) the amount payable under the assessment is reduced; or
(b) no amount is payable under the assessment;
if the Commissioner is of the opinion that:
(c) payment of the assessed amount has caused or would cause serious
hardship to the person; or
(d) there are other special reasons that make it fair and reasonable to
make the amendment.
(4) The *Commissioner must, as soon as
practicable after an application is made under this section:
(a) consider the matter to which the application relates; and
(b) notify the applicant of the Commissioner’s decision on the
application.
Note: Amendments of assessments, or refusals of
applications, are reviewable under Part 5-7.
(1) A higher education provider must give to the
*Commissioner, if asked by the Commissioner to
do so, any information:
(a) that is in its possession relating to students who have applied
for:
(i) *HECS-HELP assistance or
*FEE-HELP assistance for a unit of study;
or
(ii) *OS-HELP assistance in relation to a
period of 6 months; and
(b) that the Commissioner reasonably requires for the purposes of this
Chapter.
(2) *Open Learning Australia must give to
the *Commissioner, if asked by the Commissioner
to do so, any information:
(a) that is in its possession relating to students who have applied for
*FEE-HELP assistance for a unit of study;
and
(b) that the Commissioner reasonably requires for the purposes of this
Chapter.
Subject to this Part:
(a) Part IV, and Division 1 of Part VI, of the Income
Tax Assessment Act 1936; and
(b) Part 4-15 in Schedule 1 to the Taxation Administration
Act 1953;
apply, so far as they are capable of application, in relation to a
*compulsory repayment amount of a person as if
it were *income tax assessed to be payable by a
taxpayer by an assessment made under Part IV of the Income Tax
Assessment Act 1936.
Note: Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953 deals with collection and recovery of amounts on and
after 1 July 2000, replacing some provisions in Division 1 of
Part VI of the Income Tax Assessment Act 1936.
(1) Part 4-25 in Schedule 1 to the Taxation Administration
Act 1953 has effect as if:
(a) any *compulsory repayment amount of a
person were *income tax payable by the person
in respect of the *income year in respect of
which the assessment of that debt was made; and
(b) this Chapter, and Part 5-5, were
*income tax laws.
(2) Subsection (1) does not have the effect of making a person liable
to a penalty for any act or omission that happened before the commencement of
this subsection.
Part 2-5 (other than section 12-55 and Subdivisions 12-E,
12-F and 12-G) in Schedule 1 to the Taxation Administration Act 1953
applies, so far as it is capable of application, in relation to the collection
of amounts of a *compulsory repayment amount of
a person as if the compulsory repayment amount were
*income tax.
Division 3 of Part VI of the Income Tax Assessment Act
1936 applies, so far as it is capable of application, in relation to the
collection of a *compulsory repayment amount of
a person as if the compulsory repayment amount were
*income tax.
Division 45 in Schedule 1 to the Taxation Administration Act
1953 applies, so far as it is capable of application, in relation to the
collection of a *compulsory repayment amount of
a person as if the compulsory repayment amount were
*income tax.
This Chapter deals with the following administrative matters:
• payments made by the Commonwealth under this Act (see
Part 5-1);
• administrative requirements that are imposed on higher education
providers (see Part 5-2);
• electronic communication between higher education providers and
students (see Part 5-3);
• protection of personal information gained in the administration of
Chapters 3 and 4 (see Part 5-4);
• tax file numbers of students (see Part 5-5);
• indexation of certain amounts (see Part 5-6);
• reconsideration and administrative review of certain decisions (see
Part 5-7).
Administrative matters are also dealt with in the Administration
Guidelines. The provisions of this Chapter may indicate when a particular matter
is or may be dealt with in these Guidelines.
Note: The Administration Guidelines are made by the Minister
under section 238-10.
This Part contains general provisions relating to how the Commonwealth
makes payments under this Act to higher education providers and other
bodies.
(1) Amounts payable by the Commonwealth to a higher education provider or
other body under this Act are to be paid in such a way, including payment in
instalments, as the Minister determines.
(2) Payments of amounts payable by the Commonwealth to a higher education
provider or other body under this Act are to be made at such times as the
*Secretary determines.
(1) The *Secretary may determine that an
advance is to be made to a higher education provider or other body on account of
an amount that is expected to become payable under a provision of this Act to
the provider or other body.
(2) The conditions that would be applicable to a payment of the amount
under that provision are applicable to any such advance.
(3) This section does not affect the Minister’s power to determine
under section 33-40 that an advance is payable to a higher education
provider.
An overpayment of an amount made to a higher education provider or other
body under Part 2-2, 2-3 or 2-4 may, in whole or part, be:
(a) deducted from any amount that is payable, or to be paid, to that
provider or body under Part 2-2, 2-3 or 2-4; or
(b) recovered by the Commonwealth from that provider or body as a debt due
to the Commonwealth.
If an amount payable by the Commonwealth under this Act is an amount made
up of dollars and cents, round the amount down to the nearest dollar.
Amounts payable by the Commonwealth under this Act are payable out of the
Consolidated Revenue Fund, which is appropriated accordingly.
This Part imposes a number of administrative requirements on higher
education providers.
Note: It is a quality and accountability requirement that a
higher education provider comply with this Act: see
section 19-65.
Who gets a notice?
(1) A higher education provider must give such notices as are required by
the Administration Guidelines to a person:
(a) who is enrolled with the provider for a unit of study; and
(b) who:
(i) is seeking Commonwealth assistance under this Act for the unit;
or
(ii) is a *Commonwealth supported student
for the unit.
Contents of notice
(2) A notice must contain the information set out in the Administration
Guidelines as information that must be provided in such a notice.
Date by which notice to be given
(3) A notice must be given within the period set out in the Administration
Guidelines.
Purpose and effect of notice
(4) A notice under this section is given for the purpose only of providing
information to a person. Any liability or entitlement of a person under this Act
(including the person’s *Student Learning
Entitlement) is not affected by:
(a) the failure of a higher education provider to give a notice under this
section; or
(b) the failure of a higher education provider to give such a notice by
the date required under the Administration Guidelines; or
(c) the notice containing an incorrect statement.
Higher education provider to correct notice
(1) If, after giving a person a notice under section 169-5, a higher
education provider is satisfied that a material particular in the notice was
not, or has ceased to be, correct, the provider must give a further written
notice to the person setting out the correct particular.
Person may request correction of notice
(2) A person who receives a notice from a higher education provider under
section 169-5 may give to the provider a written request for the notice to
be corrected in respect of a material particular if the person considers that
the notice was not, or has ceased to be, correct in that particular.
(3) The request must be given to an
*appropriate officer of the provider
either:
(a) within 14 days after the day the notice was given; or
(b) within such further period as the provider allows for the giving of
the request.
(4) The request must:
(a) specify the particular in the notice that the person considers is
incorrect; and
(b) specify the reasons the person has for considering that the particular
is incorrect.
(5) The making of the request does not affect any liability or entitlement
of the person under this Act (including the person’s
*Student Learning Entitlement).
Higher education provider to process request
(6) If a higher education provider receives a request under this section
the provider must, as soon as practicable:
(a) determine the matter to which the request relates; and
(b) notify the person in writing of the provider’s determination;
and
(c) if the provider determines that a material particular in the notice
was not, or has ceased to be, correct—give a further notice under
subsection (1).
(1) A higher education provider:
(a) must require any student who:
(i) is a *Commonwealth supported student
in relation to a unit of study; and
(ii) is enrolling in the unit with the provider; and
(iii) is not an *exempt student for the
unit;
to pay to the provider the *student
contribution amount for the unit; and
(b) must not require the student to pay any
*tuition fee for the unit.
(2) A higher education provider:
(a) must require any student who:
(i) is not a *Commonwealth supported
student in relation to a unit of study; and
(ii) is enrolling in the unit with the provider; and
(iii) is not an *exempt student for the
unit;
to pay to the provider the *tuition fee
for the unit; and
(b) if the student is a *domestic
student—must not require the student to pay any other tuition fee, or any
*student contribution amount, for the
unit.
(3) However, a higher education provider must repay to a person any
payment of a *student contribution amount or a
*tuition fee for a unit of study that the
person made on or before the *census date for
the unit if the person is no longer enrolled in the unit at the end of the
census date.
Note: Other provisions about student contribution amounts
and tuition fees are set out in Subdivision 19-F and Parts 2-2 and
3-2.
(1) The Minister may determine in writing that all students, or students
of a specified kind, are exempt from payment of
*student contribution amounts and
*tuition fees for:
(a) any units of study undertaken as part of a specified
*course of study; or
(b) any units of study undertaken as part of a course of study of a
specified kind.
A student, or a student of such a kind, (as the case requires) is an
exempt student for those units.
(2) The Administration Guidelines may provide that:
(a) in all circumstances; or
(b) in the circumstances specified in those guidelines;
all students are exempt from payment of
*student contribution amounts and
*tuition fees for any units of study that
wholly consist of *work experience in industry.
A student is, or is in those specified circumstances, (as the case requires) an
exempt student for such units.
(3) A student is an exempt student for all the
*units of study undertaken as part of a
*course of study if:
(a) the higher education provider with which the student is enrolled in
the course has awarded the student an exemption scholarship for the course;
and
(b) the provider awarded the scholarship in accordance with any
requirements specified in the Administration Guidelines.
(4) Without limiting the matters that may be specified in the
Administration Guidelines for the purposes of paragraph (3)(b), those
matters may include one or both of the following:
(a) the maximum number of exemption scholarships that a particular higher
education provider may award in respect of a year;
(b) which students are eligible to receive exemption
scholarships.
(1) A higher education provider must, for each unit of study it provides
or proposes to provide during a year, determine, for that year:
(a) a particular date to be the *census
date for the unit; and
(b) the *EFTSL value for the
unit.
Note: If a higher education provider provides the same unit
over different periods, the unit is taken to be a different unit of study in
respect of each period. Therefore the provider will have to determine a separate
census date, and a separate EFTSL value, in respect of each
period.
(2) A date determined under paragraph (1)(a) must not occur less than
20% of the way through the period during which the unit is undertaken.
(3) The provider must publish the *census
date, and the *EFTSL value, for the unit in the
manner specified in the Administration Guidelines.
In communications under, or for the purposes of, this Act between the
Commonwealth and a higher education provider concerning a person who:
(a) is enrolled, or seeking to enrol, in a unit of study with the
provider; and
(b) has indicated that the person is seeking Commonwealth assistance under
this Act for the unit, or is a *Commonwealth
supported student for the unit;
the provider must use any identifier for that person that the
*Secretary has indicated must be used in such
communications.
Certain documents that this Act requires or permits to be given between
students and higher education providers may be transmitted
electronically.
(1) If:
(a) a provision of this Act requires or permits a document, notice,
request or other form (the document) that is to be given by a
student to a higher education provider; and
(b) the student gives the document to the provider by
*electronic communication using an
*information system in respect of
which:
(i) there is a declaration by the provider under subsection (2);
and
(ii) there is a declaration by the Minister under
subsection (3);
the student complies with the provision so far as it requires or permits
the student to give the document to the provider.
(2) A higher education provider may declare, in writing given to the
Minister, that a specified *information system
may be used by any student to give to the provider a document permitted or
required by this Act to be given by the student to the provider.
(3) The Minister may declare, in writing given to a higher education
provider, that an *information system declared
by the provider under subsection (2) meets the Administration
Guidelines referred to in subsection (4).
(4) The Administration Guidelines may set out the requirements relating to
*information systems that may be used by
students to give to higher education providers documents that, under this Act,
they are required or permitted to be given to higher education
providers.
(1) If:
(a) a provision of this Act requires a student to sign a document notice,
request or other form (the document) that is to be given to a
higher education provider; and
(b) the student’s identity and approval of the document are made
apparent by a method in respect of which:
(i) there is a declaration by the provider under subsection (2);
and
(ii) there is a declaration by the Minister under
subsection (3);
the student complies with the requirement.
(2) A higher education provider may declare, in writing given to the
Minister, that a specified method may be used, in connection with a document
required to be signed by a student, to indicate the student’s identity and
approval of the document.
(3) The Minister may declare, in writing given to a higher education
provider, that a method declared by the provider under
subsection (2) meets the Administration Guidelines referred to in
subsection (4).
(4) The Administration Guidelines may set out requirements relating to
methods that may be used by students to identify themselves, and indicate their
approval of documents, in connection with documents that are required to be
signed by students and given to a higher education provider.
Only apply when Electronic Transactions Act does not apply
(1) Sections 174-5 and 174-10 only apply at a time when
sections 9, 10 and 11 of the Electronic Transactions Act 1999 do not
apply to:
(a) the requirements under this Act for a student to give a document to a
higher education provider or sign a document that is to be given to a higher
education provider; or
(b) a permission under this Act for a student to give a document to a
higher education provider.
Note: An exemption from the operation of a section of the
Electronic Transactions Act 1999 may be given under regulations made
under that Act.
Not a limit on how a student may comply with this Act
(2) Neither section 174-5 nor section 174-10 limit how a student
may comply with a provision of this Act.
If:
(a) a higher education provider gives a student a notice that under
section 169-5 the provider is required to give in writing; and
(b) the notice is given using an
*information system to which the student has
access provided by the provider in accordance with the Administration Guidelines
referred to in section 174-25; and
(c) the student *consents to receiving
notices under section 169-5 by way of
*electronic communication;
then the requirements of section 9 of the Electronic Transactions
Act 1999 are taken to have been met.
Note: This means that the requirement to give notice in
writing is met by the electronic communication of the notice.
The Administration Guidelines may set out requirements relating to higher
education providers providing students with access to
*information systems that higher education
providers use to give students notices under
section 169-5.
An officer who discloses, copies or records personal information otherwise
than in the course of official employment, or causes unauthorised access to or
modification of personal information, commits an offence.
Personal information is:
(a) information or an opinion (including information or an opinion forming
part of a database), whether true or not, and whether recorded in a material
form or not, about an individual whose identity is apparent, or can reasonably
be ascertained, from the information or opinion; and
(b) obtained or created by an *officer
for the purposes of Chapters 3 and 4.
An *officer commits an offence if the
officer:
(a) either:
(i) discloses information; or
(ii) makes a copy or other record of information; and
(b) the information is *personal
information; and
(c) the information was acquired by the officer in the course of the
officer’s *official employment;
and
(d) the disclosure did not occur, or the copy or record was not made, in
the course of that official employment.
Penalty: Imprisonment for 2 years.
Meaning of officer
(1) A person is an officer if:
(a) the person is or was a *Commonwealth
officer (see subsection (2)); or
(b) the person is or was an *officer of a
higher education provider (see subsection (3)).
(2) A Commonwealth officer is a person who holds office
under, or is employed by, the Commonwealth, and includes the
following:
(a) a person appointed or engaged under the Public Service Act
1999;
(b) a person permanently or temporarily employed:
(i) in the Public Service of a Territory (other than the Northern
Territory); or
(ii) in, or in connection with, the Defence Force; or
(iii) in the Service of any authority or body constituted by or under a
law of the Commonwealth or of a Territory (other than the Northern
Territory);
(c) the Commissioner of the Australian Federal Police, a Deputy
Commissioner of the Australian Federal Police, an AFP employee or a special
member of the Australian Federal Police (all within the meaning of the
Australian Federal Police Act 1979);
(d) a person who, although not holding office under, or employed
by:
(i) the Commonwealth; or
(ii) a Territory (other than the Northern Territory); or
(iii) any authority or body constituted by or under a law of the
Commonwealth or of a Territory (other than the Northern Territory);
performs services for or on behalf of the Commonwealth, a Territory
(other than the Northern Territory), or such an authority or body;
(e) a person who is an employee of the Australian Postal
Corporation;
(f) a person who performs services for or on behalf of the Australian
Postal Corporation;
(g) an employee of a person who performs services for or on behalf of the
Australian Postal Corporation.
(3) A person is an officer of a higher education provider if
the person is:
(a) an officer or employee of the provider; or
(b) a person who, although not an officer or employee of the provider,
performs services for or on behalf of the provider.
Meaning of official employment
(4) Official employment of an
*officer is:
(a) for a *Commonwealth officer—the
performance of duties or functions, or the exercise of powers, under, or
for the purposes of, this Act; or
(b) for an *officer of a higher education
provider—service as such an officer.
Without limiting the matters that are disclosures that occur in the
course of an *officer’s
*official employment for the purposes of
paragraph 179-10(d), the following disclosures are taken to be disclosures that
occur in the course of an officer’s official employment:
(a) disclosure by a *Commonwealth officer
of *personal information to another
Commonwealth officer to assist that other officer in the other officer’s
official employment;
(b) disclosure by an officer of personal information to the Administrative
Appeals Tribunal in connection with a
*reviewable decision;
(c) disclosure by a Commonwealth officer of personal information to an
*officer of a higher education provider to
assist the provider’s officer in performing duties or functions, or in
exercising powers, under, or for the purposes of, this Act;
(d) disclosure by an officer of a higher education provider of personal
information to a Commonwealth officer to assist the Commonwealth officer in the
Commonwealth officer’s official employment.
(1) Despite anything in an Act of which the
*Commissioner has the general administration,
the Commissioner, or a person authorised by the Commissioner, may communicate
*personal information to an
*officer for use by that officer:
(a) in the case of a *Commonwealth
officer—in the course of the officer’s
*official employment; or
(b) in the case of an *officer of a
higher education provider—to assist the officer in performing duties or
functions, or in exercising powers, under, or for the purposes of, this
Act.
(2) Despite subsection 13.3(3) of the Criminal Code, in a
prosecution for an offence against an Act of which the
*Commissioner has the general administration,
the defendant does not bear an evidential burden in relation to whether this
section applies to a communication of *personal
information.
(1) An *officer must, if and when
required by the *Secretary or the
*Commissioner to do so, make an oath or
affirmation to protect information in accordance with this Part.
(2) The *Secretary may determine, in
writing:
(a) the form of the oath or affirmation that the Secretary will require;
and
(b) the manner in which the oath or affirmation must be made.
(3) The *Commissioner may determine, in
writing:
(a) the form of the oath or affirmation that the Commissioner will
require; and
(b) the manner in which the oath or affirmation must be made.
(1) A person commits an offence if:
(a) the person causes any unauthorised access to, or modification of,
*personal information that is:
(i) held in a computer; and
(ii) to which access is restricted by an access control system associated
with a function of the computer; and
(b) the person intends to cause the access or modification; and
(c) the person knows that the access or modification is unauthorised;
and
(d) one or both of the following apply:
(i) the personal information is held in a computer of a higher education
provider;
(ii) the personal information is held on behalf of a provider.
Penalty: 2 years imprisonment.
(2) Absolute liability applies to paragraph (1)(d).
Requirements relating to students’ tax file numbers apply to
assistance under Chapter 3 that gives rise to HELP debts.
The Commissioner may notify higher education providers of matters relating
to tax file numbers.
Higher education providers have obligations relating to notifying students
about tax file number requirements, and to cancelling the enrolment of students
who do not have tax file numbers.
Note: Part VA of the Income Tax Assessment Act
1936 provides for issuing, cancelling or altering tax file
numbers.
(1) A student who is enrolled, or proposes to enrol, with a higher
education provider, meets the tax file number requirements for
assistance under Chapter 3 if:
(a) the student notifies his or her *tax
file number to an *appropriate officer of the
provider, and the provider is satisfied (in accordance with subsection (4))
that this number is a valid tax file number; or
(b) the student gives to the officer a certificate from the
*Commissioner stating that the student has
applied to the Commissioner asking the Commissioner to issue a tax file number
to the student.
(2) If the student is seeking *HECS-HELP
assistance or *FEE-HELP assistance for a unit
of study, he or she does not meet the tax file number requirements for the
assistance unless he or she complies with subsection (1) on or before the
*census date for the unit.
(3) A notification under paragraph (1)(a) may be included in a
*request for Commonwealth assistance that the
student has given to the provider in relation to:
(a) the unit of study for which the assistance is sought, or any other
unit of study; or
(b) the *course of study of which the
unit, or the other unit, forms a part, or any other course of study.
(4) The *Commissioner may issue
guidelines about the circumstances in which a higher education provider is to
be, or is not to be, satisfied that a number is a valid
*tax file number for the purposes of
paragraph (1)(a).
(5) A certificate under paragraph (1)(b) must be in a form approved
by the *Commissioner.
The *Commissioner may give to a higher
education provider written notice of the *tax
file number of a student who is enrolled in a
*course of study with the provider if the
Commissioner:
(a) issues the tax file number to the student; or
(b) refuses to issue a tax file number to the student on the ground that
the student already has a tax file number.
(1) The *Commissioner may give to a
higher education provider written notice of the
*tax file number of a student who is enrolled
in a *course of study with the provider if the
Commissioner issues a new tax file number to the student in place of a tax file
number that has been withdrawn.
(2) That new number is taken to be the number that the student notified to
the provider.
(1) If the *Commissioner is
satisfied:
(a) that the *tax file number that a
student has notified to a higher education provider:
(i) has been cancelled or withdrawn since the notification was given;
or
(ii) is otherwise wrong; and
(b) that the student has a tax file number;
the Commissioner may give to the provider written notice of the incorrect
notification and of the student’s tax file number.
(2) That number is taken to be the number that the student notified to the
provider.
(1) If:
(a) the *Commissioner is satisfied that
the *tax file number that a student notified to
a higher education provider:
(i) has been cancelled since the notification was given; or
(ii) is for any other reason not the student’s tax file number;
and
(b) the Commissioner is not satisfied that the student has a tax file
number;
the Commissioner may give to the provider a written notice informing the
provider accordingly.
(2) The *Commissioner must give a copy of
any notice under subsection (1) to the student concerned, together with a
written statement of the reasons for the decision to give the notice.
Note: Decisions to give notice under subsection (1) are
reviewable under section 202F of the Income Tax Assessment Act
1936.
(1) If the *Commissioner:
(a) refuses a student’s application for the issue of a
*tax file number; or
(b) cancels a tax file number issued to a student;
the Commissioner may give to a higher education provider with which the
student is enrolled in a *course of study a
written notice informing the provider accordingly.
(2) The *Commissioner must give a copy of
any notice under subsection (1) to the student concerned, together with a
written statement of the reasons for the decision to give the notice.
Note: Decisions to give notice under subsection (1) are
reviewable under section 202F of the Income Tax Assessment Act
1936.
Requests for HECS-HELP assistance or FEE-HELP assistance
(1) A higher education provider must notify a person in writing how to
*meet the tax file number requirements
if:
(a) the person is enrolled in a unit of study with the provider;
and
(b) the person has, on or before the
*census date for the unit, completed and signed
a *request for Commonwealth assistance in
relation to the unit, or in relation to the
*course of study of which the unit forms a
part; and
(c) in that request, the person requests
*HECS-HELP assistance or
*FEE-HELP assistance for the unit or the
course; and
(d) the request does not include a number that purports to be the
person’s *tax file number.
(2) The provider must notify the person under
subsection (1):
(a) on or before the *census date for the
unit; or
(b) within 7 days after the person gives the provider the
*request for Commonwealth assistance;
whichever is earlier.
Requests for OS-HELP assistance
(3) A higher education provider must notify a person in writing how to
*meet the tax file number requirements
if:
(a) the person is enrolled in a *course
of study with the provider; and
(b) the person has, before receiving
*OS-HELP assistance, completed and signed a
*request for Commonwealth assistance;
and
(c) in that request, the person requests OS-HELP assistance in relation to
a period of 6 months; and
(d) the request does not include a number that purports to be the
person’s *tax file number.
(4) The provider must notify the person under subsection (3) within 7
days after the person gives the provider the
*request for Commonwealth assistance.
Cases where there is no obligation to notify
(5) This section does not apply to the person if:
(a) the person, in the *request for
Commonwealth assistance, requests *HECS-HELP
assistance, *FEE-HELP assistance or
*OS-HELP assistance, but the person is not
entitled to the assistance; or
(b) the person, in the request for Commonwealth assistance, requests
HECS-HELP assistance in relation to a unit of study, but one or more
*up-front payments for the unit have been made
totalling 80% of the *student contribution
amount for the unit.
Note: In the circumstances set out in paragraph (5)(b),
the HECS-HELP assistance would not involve any loan by the Commonwealth to the
person.
(1) A higher education provider must cancel a person’s enrolment in
a unit of study with the provider if:
(a) the provider receives notice under section 190-15 or 190-20 to
the effect that the person does not have, or no longer has, a
*tax file number; and
(b) at the end of 28 days after the provider receives that notice, the
provider has not been notified of a number that the provider is satisfied (in
accordance with subsection (3)) is a valid tax file number.
(2) The provider must not accept a further enrolment of the person in that
unit.
(3) A higher education provider must, in deciding whether it is satisfied
that a number is a valid *tax file number for
the purposes of paragraph (1)(b), comply with the guidelines issued by the
*Commissioner under subsection
187-1(4).
(4) A higher education provider must comply with any requirements, set out
in guidelines issued by the *Commissioner,
relating to procedures for informing persons who may be affected by
subsection (1) or (3) of the need to obtain a valid
*tax file number.
Several amounts referred to in provisions of this Act are indexed. This
Part sets out how those amounts are indexed.
Note 1: Different methods of indexation are used for the
indexing of accumulated HELP debts under sections 140-10 and 140-15, and
for the indexing of HELP repayment thresholds under
section 154-25.
Note 2: The Other Grants and Payments Guidelines and the
Commonwealth Scholarship Guidelines may provide for amounts to be indexed using
the method of indexation set out in this Part.
This table sets out the amounts that are to be indexed.
|
Amounts that are to be indexed |
|||
|---|---|---|---|
|
Item |
Amounts: |
See: |
First year of indexation |
|
1 |
*Commonwealth contribution
amounts |
section 33-10 |
2005 |
|
2 |
*Maximum student contribution amounts per
place |
section 93-10 |
2005 |
|
3 |
The *FEE-HELP limit |
section 104-20 |
2006 |
|
4 |
The *maximum OS-HELP amount |
section 121-5 |
2006 |
(1) An amount is indexed on 1 January in the year referred to in the
table in section 198-5 as the first year of indexation in relation to the
amount, and on each subsequent 1 January, by multiplying it by the
*indexation factor for the relevant
year.
(2) However an amount is not indexed if its
*indexation factor is 1 or less.
(1) The indexation factor for the relevant year
is:
(2) Work out the *indexation factor to 3
decimal places (rounding up if the fourth decimal place is 5 or more).
Example: If the factor is 1.102795, it is rounded up to
1.103.
The index number, for a year, is the Higher Education
Grants Index number for that year published by the Minister in the
Gazette. Publication may occur at any time, including any time before the
start of the year.
Some decisions made under this Act are subject to reconsideration and then
review by the Administrative Appeals Tribunal.
The table sets out:
(a) the reviewable decisions under this Act; and
(b) the decision maker, for the purposes of this Division,
in respect of each of those decisions.
|
Reviewable decisions |
|||
|---|---|---|---|
|
Item |
Decision |
Provision under which decision is made |
Decision maker |
|
1 |
Refusal to re-credit some or all of a person’s
*student learning entitlement for a unit of
study |
section 79-1 |
the higher education provider with whom the student is enrolled in the
unit |
|
2 |
Refusal to re-credit a person’s
*FEE-HELP balance |
section 104-25 |
the higher education provider with whom the student is enrolled in the
unit |
|
3 |
Deferral of making an assessment or refusal to defer the making of an
assessment |
section 154-45 |
the *Commissioner |
|
4 |
Amending the assessment or refusal to amend an assessment |
section 154-50 |
the *Commissioner |
|
5 |
Refusal to approve a person as a self-accrediting entity in relation to an
external Territory |
section 225-5 |
the Minister |
|
6 |
Refusal to accredit a *course of study in
relation to an external Territory |
section 225-10 |
the Minister |
|
7 |
Amendment of an approval as a self-accrediting entity in relation to an
external Territory |
subsection 225-20(1) |
the Minister |
|
8 |
Revocation of an approval as a self-accrediting entity in relation to an
external Territory |
subsection 225-20(1) |
the Minister |
|
9 |
Amendment of an accreditation of a *course
of study, in relation to an external Territory |
subsection 225-20(2) |
the Minister |
|
10 |
Revocation of an accreditation of a
*course of study, in relation to an external
Territory |
subsection 225-20(2) |
the Minister |
Note: The decisions referred to in items 1 and 2 of the
table are made by a higher education provider on the Secretary’s
behalf.
If:
(a) this Act provides for a person to apply to a
*decision maker to make a
*reviewable decision; and
(b) a period is specified under this Act for giving notice of the decision
to the applicant; and
(c) the decision maker has not notified the applicant of the decision
maker’s decision within that period;
the decision maker is taken, for the purposes of this Act, to have made a
decision to reject the application.
(1) If this Act requires the *decision
maker to notify a person of the making of a
*reviewable decision, the notice must include
reasons for the decision.
(2) Subsection (1) does not affect an obligation, imposed upon the
*decision maker by any other law, to give
reasons for a decision.
(1) The reviewer of a
*reviewable decision is:
(a) if the *decision maker was a higher
education provider acting on behalf of the
*Secretary—the Secretary; or
(b) in any other case—the decision maker, but see
subsection (2).
(2) If:
(a) a *reviewable decision was made by a
delegate of a *decision maker; and
(b) the decision is to be reconsidered by a delegate of the decision
maker;
then the delegate who reconsiders the decision must be a person
who:
(c) was not involved in making the decision; and
(d) occupies a position that is senior to that occupied by any person
involved in making the decision.
Note: The Secretary may delegate to a review officer of a
higher education provider the power to reconsider reviewable decisions made
under Chapter 3: see subsection 238-1(2).
(1) The *reviewer of a
*reviewable decision may reconsider the
decision if the reviewer is satisfied that there is sufficient reason to do
so.
(2) The *reviewer may reconsider the
decision even if:
(a) an application for reconsideration of the decision has been made under
section 209-10; or
(b) the decision has been confirmed, varied or set aside under
section 209-10 and an application has been made under section 212-1
for review of the decision.
(3) After reconsidering the decision, the
*decision maker must:
(a) confirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(4) The *reviewer’s decision (the
decision on review) to confirm, vary or set aside the decision
takes effect:
(a) on the day specified in the decision on review; or
(b) if a day is not specified—on the day on which the decision on
review was made.
(5) The *reviewer must give written
notice of the decision on review to the person to whom that decision
relates.
(6) The notice:
(a) must be given within a reasonable period after the decision is made;
and
(b) must contain a statement of the reasons for the
*reviewer’s decision on review.
Note: Section 27A of the Administrative Appeals
Tribunal Act 1975 requires the person to be notified of the person’s
review rights.
(1) A person whose interests are affected by a
*reviewable decision may request the
*reviewer to reconsider the decision.
(2) The person’s request must be made by written notice given to the
*reviewer within 28 days, or such longer period
as the reviewer allows, after the day on which the person first received notice
of the decision.
(3) The notice must set out the reasons for making the request.
(4) After receiving the request, the
*reviewer must reconsider the decision
and:
(a) confirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(5) The *reviewer’s decision (the
decision on review) to confirm, vary or set aside the decision
takes effect:
(a) on the day specified in the decision on review; or
(b) if a day is not specified—on the day on which the decision on
review was made.
(6) The *reviewer is taken, for the
purposes of this Part, to have confirmed the decision if the reviewer does not
give notice of a decision to the person within 45 days after receiving the
person’s request.
Note: Section 27A of the Administrative Appeals
Tribunal Act 1975 requires the person to be notified of the person’s
review rights.
An application may be made to the Administrative Appeals Tribunal for the
review of a *reviewable decision that has been
confirmed, varied or set aside under section 209-5 or 209-10.
This Chapter primarily provides for approval as self-accrediting entities
and for accreditation of courses of study in external Territories.
Certain persons (other than natural persons) in the external Territories
may apply for approval as self-accrediting entities, or for the accreditation of
courses of study that they propose to offer.
Persons who do not have approval or accreditation under this Part may be
guilty of an offence if they operate as a university or other provider, offer
higher education awards or describe themselves as universities.
A person (other than a natural person) who:
(a) is not a *listed self-accrediting
entity; and
(b) wishes to *operate in an external
Territory as a *university or other provider of
*courses of study leading to
*higher education awards;
must apply in writing to the Minister either:
(c) for approval of the person as a self-accrediting entity in relation to
that Territory; or
(d) for accreditation, in relation to that Territory, of each course of
study it proposes to *offer.
The Minister may approve a person as a self-accrediting entity in
relation to an external Territory if:
(a) the person applies for approval, under section 225-1, as a
self-accrediting entity in relation to that Territory; and
(b) the Minister is satisfied, following an assessment made having regard
to the *National Protocols, that it is
appropriate that the person be empowered to issue its own
qualifications.
Note: Refusal to approve a person as a self-accrediting
entity is reviewable under Part 5-7.
The Minister may accredit a particular
*course of study, in relation to an external
Territory, as a course of study leading to a
*higher education award if:
(a) the person applies, under section 225-1, for accreditation of
that course in relation to that Territory; and
(b) the Minister is satisfied, following an assessment made having regard
to the *National Protocols, that the course,
and the way of delivering it, are appropriate to the award.
Note: Refusal to accredit a course of study is reviewable
under Part 5-7.
(1) An approval of a person as a self-accrediting entity by the Minister
under section 225-5:
(a) remains in force for the period that the Minister determines;
and
(b) is subject to any conditions that the Minister imposes.
(2) An accreditation of a particular
*course of study by the Minister under
section 225-10:
(a) remains in force for the period that the Minister determines;
and
(b) is subject to any conditions that the Minister imposes.
(1) The Minister may amend or revoke an approval of a person, under
section 225-5, as a self-accrediting entity in relation to an external
Territory at any time if the Minister is satisfied that:
(a) the person has breached a condition to which the person’s
approval is subject; or
(b) following a reassessment of the person’s approval made having
regard to the *National Protocols—the
person’s circumstances have so changed that, if the person were to apply
for approval as a self-accrediting entity in relation to that Territory at that
time, the Minister would refuse the application.
Note: Amendment or revocation of an approval is reviewable
under Part 5-7.
(2) The Minister may amend or revoke an accreditation of a
*course of study under section 225-10, in
relation to an external Territory, as a course of study leading to a
*higher education award at any time if the
Minister is satisfied that:
(a) the person *offering the course has
breached a condition to which the course accreditation is subject; or
(b) following a reassessment of the course accreditation made having
regard to the *National Protocols—the
content of, or manner of providing, the course has so changed that, if the
person providing the course were to apply for accreditation of the course in
relation to that Territory at that time, the Minister would refuse the
application.
Note: Amendment or revocation of an accreditation is
reviewable under Part 5-7.
(1) The regulations may:
(a) prescribe fees to be paid in respect of applications made under
section 225-1; and
(b) for that purpose, take into account such costs as are directly or
indirectly incurred by, or in assisting, the Minister to make a decision on such
an application; and
(c) set out the manner and times of payment of such fees.
(2) A person making an application under section 225-1 must pay such
fees as are provided for in the regulations at such times as the regulations
provide.
(1) A person commits an offence if:
(a) the person *operates, or purports to
operate:
(i) as a *university, or a part of a
university, providing *courses of study leading
to *higher education awards; or
(ii) as another provider of courses of study leading to higher education
awards; and
(b) the operation or purported operation is in an external Territory;
and
(c) the person is not:
(i) a *listed self-accrediting entity;
or
(ii) approved by the Minister under section 225-5 as a
self-accrediting entity in relation to that Territory; and
(d) any course *offered by the person is
not accredited by the Minister under section 225-10 in relation to that
Territory.
Penalty: 40 penalty units.
(2) For the purposes of an offence against subsection (1), strict
liability applies:
(a) to the circumstance in subparagraph (1)(c)(ii) that the power of
approval is under section 225-5; and
(b) to the circumstance in paragraph (1)(d) that the power of
accreditation is under section 225-10.
(1) A person commits an offence if:
(a) the person *offers, or purports to
offer, a *course of study leading to a
*higher education award; and
(b) the offer, or purported offer, is in an external Territory;
and
(c) the person is not:
(i) a *listed self-accrediting entity;
or
(ii) approved by the Minister under section 225-5 as a
self-accrediting entity in relation to that Territory; and
(d) the course is not accredited by the Minister under section 225-10
in relation to that Territory.
Penalty: 40 penalty units.
(2) A person commits an offence if:
(a) the person *offers, or purports to
offer, a *higher education award; and
(b) the offer, or purported offer, is in an external Territory;
and
(c) the person is not:
(i) a *listed self-accrediting entity;
or
(ii) approved by the Minister under section 225-5 as a
self-accrediting entity in relation to that Territory; and
(d) the offer, or purported offer, of the award is not dependent on the
successful completion of a *course of study
accredited by the Minister under section 225-10 in relation to that
Territory as a course leading to that award.
Penalty: 40 penalty units.
(3) For the purposes of an offence against subsection (1) or (2),
strict liability applies:
(a) to the circumstance in subparagraph (1)(c)(ii) or (2)(c)(ii), as
the case requires, that the power of approval is under section 225-5;
and
(b) to the circumstance in paragraph (1)(d) or (2)(d), as the case
requires, that the power of accreditation is under
section 225-10.
(1) A person commits an offence if:
(a) the person uses the word “university”, “university
college” or any like words (whether or not in combination with other
words):
(i) to identify the person in the person’s operation or purported
operation in an external Territory; or
(ii) to identify the person’s operation or purported operation in an
external Territory; and
(b) the person, or the person’s operation or purported operation, as
so identified, is not:
(i) a *listed self-accrediting entity;
or
(ii) approved by the Minister under section 225-5 as a
self-accrediting entity in relation to that Territory; and
(c) the Minister has not approved the use of that word or those
words:
(i) to identify the person in the person’s operation or purported
operation in that external Territory; or
(ii) to identify the person’s operation or purported operation in
that external Territory.
Penalty: 40 penalty units.
(2) For the purposes of an offence against subsection (1), strict
liability applies to the circumstance in subparagraph (1)(b)(ii) that the
power of approval is under section 225-5.
(1) A reference to a person operating, or purporting to
operate, in an external Territory:
(a) as a *university, or part of a
university, providing *courses of study leading
to *higher education awards; or
(b) as another provider of courses of study leading to higher education
awards;
includes a reference to a person operating, or purporting to operate, as
such a university, part of a university or other provider in or from that
Territory by means of any of the following telecommunication devices:
(c) a computer adapted for communicating by way of the Internet or another
communications network;
(d) a television receiver adapted to allow the viewer to transmit
information by way of a cable television network or other communications
network;
(e) a telephone;
(f) any other electronic device.
(2) A reference to a person offering, or purporting to
offer, in an external Territory, *courses of
study leading to *higher education awards,
includes a reference to such a person offering, or purporting to offer, such
courses in or from that Territory by means of any of the telecommunication
devices referred to in subsection (1).
Despite any provision of a law in force in an external Territory that
regulates the use of company names or business names in that
Territory:
(a) registration, or purported registration of; or
(b) authorisation, or purported authorisation of;
any company name or business name that uses the word
“university”, “university college” or any like words is
of no effect unless the Minister has given written approval for the use of that
name.
(1) The *Secretary may, in writing,
delegate to an APS employee in the Department all or any of the powers of the
Secretary under this Act, the regulations or any Guidelines made under
section 238-10.
(2) The *Secretary may, in writing,
delegate to a *review officer of a higher
education provider the Secretary’s powers under Division 209 to
reconsider *reviewable decisions made by the
provider relating to Chapter 3.
(3) In exercising powers under the delegation, the delegate must comply
with any directions of the
*Secretary.
(1) The Minister may, by writing, delegate to:
(a) the *Secretary; or
(b) an APS employee in the Department;
all or any of the Minister’s powers under this Act.
(2) In exercising powers under the delegation, the delegate must comply
with any directions of the Minister.
(1) The Minister may make Guidelines, specified in the second column of
the table, providing for matters:
(a) required or permitted by the corresponding Chapter, Part or section
specified in the third column of the table to be provided; or
(b) necessary or convenient to be provided in order to carry out or give
effect to that Chapter, Part or section.
|
Guidelines |
||
|---|---|---|
|
Item |
Guidelines |
Chapter/Part/section |
|
1 |
Administration Guidelines |
Chapter 5 |
|
2 |
Commonwealth Grant Scheme Guidelines |
Part 2-2; section 93-10 |
|
3 |
Commonwealth Scholarships Guidelines |
Part 2-4 |
|
4 |
FEE-HELP Guidelines |
Part 3-3 |
|
5 |
HECS-HELP Guidelines |
Part 3-2 |
|
6 |
Higher Education Provider Guidelines |
Part 2-1 |
|
7 |
OS-HELP Guidelines |
Part 3-4 |
|
8 |
Other Grants Guidelines |
Part 2-3 |
|
9 |
Reduction and Repayment Guidelines |
Part 2-5 |
|
10 |
Student Learning Entitlement Guidelines |
Part 3-1 |
(2) Guidelines are disallowable instruments for the purposes of
section 46A of the Acts Interpretation Act 1901.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
Note: Section 1-10 describes how asterisks are used to
identify terms that are defined in this Act.
In this Act, unless the contrary intention appears:
accredited course means a course that:
(a) is a *course of study; and
(b) is accredited by the Commonwealth or by a State or Territory
accreditation agency listed in the *Australian
Qualifications Framework Register.
accumulated FEE-HELP/OS-HELP debt has the meaning given by
section 143-15.
accumulated HECS-HELP debt has the meaning given by
section 140-25.
additional SLE, of a person, means the amount of
*Student Learning Entitlement that the person
has under section 73-20, as reduced (if applicable) under
Division 76.
annual financial reporting period has the meaning given by
subsection 19-10(3).
appropriate officer, of a higher education provider, means a
person, or a person included in a class of persons, whom:
(a) the chief executive officer of the provider; or
(b) a delegate of the chief executive officer of the provider;
has appointed to be an appropriate officer of the provider for the purposes
of this Act.
assessing body has the meaning given by
section 104-55.
assessing body of a State or Territory has the meaning given
by subsection 104-55(3).
assessment statement has the meaning given by
section 104-50.
Australian Qualifications Framework means the framework for
recognition and endorsement of qualifications established by the
Council:
(a) comprised of the Ministers responsible for education, employment,
training and youth affairs for the Commonwealth and each State; and
(b) known as the Ministerial Council on Education, Employment, Training
and Youth Affairs;
to give effect to agreed standards in relation to the provision of
education in Australia.
Australian Qualifications Framework Register means the
Register:
(a) that is called the Register of Recognised Education Institutions and
Authorised Accreditation Authorities in Australia; and
(b) that is maintained by the advisory board to the
*Australian Qualifications Framework.
Australian Statistician means the Australian Statistician
referred to in subsection 5(2) of the Australian Bureau of Statistics Act
1975.
available, in relation to the amount of a person’s
*Student Learning Entitlement, has the meaning
given by section 82-5.
AWE has the meaning given by subsection 154-25(2).
basic grant amount has the meaning given in
section 33-5.
bridging course for overseas-trained professionals has the
meaning given by section 104-45.
census date means the date determined for a unit of study
under section 169-25.
Commissioner means the Commissioner of Taxation.
Commonwealth contribution amount means an amount specified in
section 33-10.
Commonwealth officer has the meaning given by subsection
179-15(2).
Commonwealth scholarship means a scholarship payable under
Part 2-4.
Commonwealth supported student has the meaning given by
section 36-5.
compliance requirements are the requirements set out in
Subdivision 19-E.
compulsory repayment amount means an amount that:
(a) is required to be paid in respect of an
*accumulated HECS-HELP debt, or an
*accumulated FEE-HELP/OS-HELP debt, under
section 154-1; and
(b) is included in a notice of an assessment made under
section 154-35.
consent includes consent that can reasonably be inferred from
the conduct of the person concerned.
contribution and fee requirements are the requirements set
out in Subdivision 19-F.
corrected basic amount has the meaning given by subsection
33-25(5).
course of study means an
*enabling course or a course leading to a
*higher education award.
course of study in medicine has the meaning given by
subsection 36-35(4).
covered: Division 82 defines whether a unit of study is
covered by a person’s *Student Learning
Entitlement.
decision maker, for a
*reviewable decision, means the person listed
in column 3 of the table in section 206-1, in respect of a decision in
column 2 of the table, as the decision maker in respect of that
decision.
domestic student means a student who is not an
*overseas student.
EFTSL has the meaning given by section 73-10.
EFTSL value, of a unit of study, has the meaning given by
section 73-15.
electronic communication has the meaning given by the
Electronic Transactions Act 1999.
eligible person has the meaning given by subsection
73-5(3).
employer contribution amount, for a unit of study, is the
amount that an employer has contributed, towards the cost of the unit, for a
student enrolled in the unit under a
*restricted access arrangement for the
*course of study of which the unit forms a
part.
employer reserved place means a place, in a
*course of study, made available under a
*restricted access arrangement for the
course.
enabling course means a course of instruction provided to a
person for the purpose of enabling the person to undertake a course leading to a
*higher education award, but does not
include:
(a) a course leading to a higher education award; or
(b) any course that the Minister determines is not an enabling course for
the purposes of this Act.
enrolled: a person enrolled in a
*course of study includes a person undertaking
the course of study.
exempt foreign income has the meaning given by subsection
154-5(4).
exempt student has the meaning given by
section 169-20.
fairness requirements are the requirements set out in
Subdivision 19-D.
FEE-HELP assistance means assistance payable under
Part 3-3.
FEE-HELP balance has the meaning given by
section 104-15.
FEE-HELP debt has the meaning given by
section 137-10.
FEE-HELP limit has the meaning given by
section 104-20.
financial viability requirements are the requirements set out
in Subdivision 19-B.
former accumulated HECS-HELP debt has the meaning given by
section 140-5.
former indexed FEE-HELP/OS-HELP debt has the meaning given by
section 143-10.
former unindexed FEE-HELP/OS-HELP debt has the meaning given
by section 143-5.
funding clusters has the meaning given by
section 30-15.
HECS-HELP assistance means assistance payable under
Part 3-2.
HECS-HELP debt has the meaning given by
section 137-5.
HECS-HELP discount has the meaning given by subsection
96-5(4).
HELP debt has the meaning given by
section 137-1.
HELP debt indexation factor has the meaning given by
section 140-10.
higher education award means:
(a) a degree, status, title or description of bachelor, master or doctor;
or
(b) an award of graduate diploma or graduate certificate; or
(c) any other award specified as a higher education award under the
*Australian Qualifications Framework.
higher education provider has the meaning given by
section 16-1.
income tax has the meaning given by subsection 995-1(1) of
the Income Tax Assessment Act 1997.
income tax law has the meaning given by section 14ZAAA
of the Taxation Administration Act 1953.
income year has the meaning given by subsection 995-1(1) of
the Income Tax Assessment Act 1997.
indexation factor has the meaning given by
section 198-15.
index number:
(a) for the purposes of Part 4-1, has the meaning given by
section 140-15; and
(b) for the purposes of Part 5-6, has the meaning given by
section 198-20.
information system has the meaning given by the Electronic
Transactions Act 1999.
listed professional occupation has the meaning given by
section 104-60.
listed provider has the meaning given by
section 16-10.
listed self-accrediting entity means a person who:
(a) is included; or
(b) who owns or controls a business name that is included;
in the *Australian Qualifications
Framework Register as the name of a higher education institution empowered to
issue its own qualifications.
maximum BOTP student load has the meaning given
by subsection 104-75(2).
maximum OS-HELP amount has the meaning given by
section 121-5.
maximum student contribution amount per place has the meaning
given by section 93-10.
Medicare levy means the Medicare levy imposed by the
Medicare Levy Act 1986.
meets the tax file number requirements has the meaning given
by section 187-1.
minimum OS-HELP amount means an amount determined under
section 121-10.
minimum repayment income has the meaning given by
section 154-10.
national priority has the meaning given by
section 30-20.
National Protocol 1 means “Protocol 1—Criteria
and processes for recognition of universities”, in the
*National Protocols.
National Protocol 3 means “Protocol 3—The
accreditation of higher education courses to be offered by non self-accrediting
providers”, in the *National
Protocols.
National Protocols means the National Protocols for
Higher Education Approval Processes (first endorsed by the Ministerial
Council on Employment, Education, Training and Youth Affairs on 31 March
2000), as in force from time to time.
non-award basis: an enrolment in:
(a) a subject or unit that a person may undertake with a higher education
provider as part of a *course of study;
or
(b) a course of instruction with a higher education provider; or
(c) a tuition and training program with a higher education
provider;
is an enrolment on a non-award basis if the unit, course or
program is not being undertaken as part of a course of study.
non self-accrediting provider has the meaning given by
subsection 16-25(4).
number of Commonwealth supported places means:
(a) in relation to an allocation of a number of Commonwealth supported
places under section 30-10 in relation to a
*funding cluster—the number allocated
under that section in relation to that funding cluster; or
(b) in relation to the provision of a number of Commonwealth supported
places—the number worked out under section 33-30.
occupation includes the meaning given by
section 104-65.
offering has the meaning given by subsection
228-15(2).
officer has the meaning given by subsection
179-15(1).
officer of a higher education provider has the meaning given
by subsection 179-15(3).
official employment has the meaning given by subsection
179-15(4).
Open Learning Australia means Open Learning Agency of
Australia Pty Ltd (ACN 053 431 888).
operating has the meaning given by subsection
228-15(1).
ordinary SLE of a person means the amount of
*Student Learning Entitlement that the person
has under section 73-5, as reduced (if applicable) under
Division 76.
OS-HELP assistance means assistance payable under
Part 3-4.
OS-HELP debt has the meaning given by
section 137-15.
overseas student means a person who:
(a) is not an Australian citizen; and
(b) is enrolled, or proposes to become enrolled, in a
*course of study with a higher education
provider;
but does not include:
(c) a person entitled to stay in Australia, or to enter and stay in
Australia, without any limitation as to time; or
(d) a New Zealand citizen; or
(e) a diplomatic or consular representative of New Zealand, a member of
the staff of such a representative or the spouse or dependent relative of such a
representative.
permanent visa holder means the holder of a permanent visa
within the meaning of subsection 30(1) of the Migration Act
1958.
personal information has the meaning given by
section 179-5.
qualified auditor means:
(a) the Auditor-General of a State, of the Australian Capital Territory or
of the Northern Territory; or
(b) a person registered as a company auditor or a public accountant under
a law in force in a State, the Australian Capital Territory or the Northern
Territory; or
(c) a member of the Institute of Chartered Accountants in Australia, or of
the Australian Society of Certified Practising Accountants; or
(d) a person approved by the Minister in writing as a qualified auditor
for the purposes of this Act.
quality and accountability requirements has the meaning given
by section 19-1.
quality auditing body means a body listed in the Higher
Education Provider Guidelines as such a body.
quality requirements are the requirements set out in
Subdivision 19-C.
quarter means a period of 3 months ending on 31 March,
30 June, 30 September or 31 December.
reference period has the meaning given by subsection
154-25(3).
related body corporate has the meaning given by
section 9 of the Corporations Act 2001.
rental property loss has the meaning given by subsection
154-5(2).
repayable debt, for an
*income year, has the meaning given by
section 154-15.
repayment income has the meaning given by
section 154-5.
request for Commonwealth assistance has the meaning given by
subsection 36-40(3).
requirements for entry, to a
*listed professional occupation, has the
meaning given by section 104-70.
restricted access arrangement, for a
*course of study, means an
arrangement:
(a) that was entered into between the higher education provider providing
the course and an employer or industry body; and
(b) that limits or restricts enrolments in some or all of the places in
the course.
return means an income tax return within the meaning of
subsection 995-1(1) of the Income Tax Assessment Act 1997.
reviewable decision means a decision listed in the table in
section 206-1.
reviewer has the meaning given by
section 209-1.
review officer has the meaning given by subsection
19-50(2).
Secretary means the Secretary of the Department.
self-accrediting provider has the meaning given by subsection
16-25(3).
SLE means *Student Learning
Entitlement.
student means a person who is enrolled in a
*course of study with a higher education
provider.
student contribution amount has the meaning given by
section 93-5.
student contribution amount per place has the meaning given
by subsection 93-5(1).
Student Learning Entitlement has the meaning given by
section 73-1.
student load has the meaning given by subsection
104-75(1).
Table A provider means a body listed in Table A in
section 16-15.
Table B provider means a body listed in Table B in
section 16-20.
taxable income has the meaning given by section 4-15 of
the Income Tax Assessment Act 1997.
tax file number: a person’s tax file number is a number
that the *Commissioner has issued to the person
and that is either:
(a) a number issued under Part VA of the Income Tax Assessment Act
1936; or
(b) a number issued to a person under section 44 or 48 of the
Higher Education Funding Act 1988; or
(c) a number that the Commissioner notified to the person as the
person’s income tax file number.
tuition assurance requirements means the requirements set out
in subsection 16-30(1).
tuition fee has the meaning given by
section 19-105.
unit of study means:
(a) a subject or unit that a person may undertake with a higher education
provider as part of a *course of study;
or
(b) a subject or unit made available by a higher education
provider:
(i) access to which was provided by *Open
Learning Australia; and
(ii) that a person could undertake as part of a course of study leading to
a *higher education award; or
(c) a part of a *bridging course for
overseas-trained professionals.
If a higher education provider provides the same such subject or unit in
respect of more than one period, the subject or unit is taken to be a different
unit of study in respect of each period.
university has the meaning given by subsection
16-25(2).
up-front payment, in relation to a unit of study, has the
meaning given by section 93-15 or 107-5.
voluntary repayment means a payment made to the
*Commissioner in discharge of an
*accumulated HECS-HELP debt, an
*accumulated FEE-HELP/OS-HELP debt or a
*HELP debt. It does not include a payment made
in discharge of a *compulsory repayment
amount.
work experience in industry means work:
(a) that is done as a part of, or in connection with, a
*course of study undertaken with a higher
education provider; and
(b) in respect of which student learning and performance is not directed
by the provider; and
(c) the purpose of which is to obtain work experience relevant to the
course of study; and
(d) that meets any other requirements specified in the Administration
Guidelines.