Contents
Chapter 1—Introduction 1
Division 1—Preliminary 1
1‑1......................... Short title............................................................................ 1
1‑5......................... Commencement.................................................................. 1
1‑10....................... Identifying defined terms.................................................... 2
Division 2—Objects 4
2‑1......................... Objects of this Act.............................................................. 4
Division 3—Overview of this Act 5
3‑1......................... General............................................................................... 5
3‑5......................... Grants for higher education assistance etc. (Chapter 2)...... 5
3‑10....................... Assistance to students (Chapter 3)...................................... 5
3‑15....................... Repayment of loans (Chapter 4)......................................... 6
3‑20....................... Administration (Chapter 5)................................................. 6
3‑30....................... VET FEE‑HELP Assistance Scheme (Schedule 1A)......... 6
Division 5—Application of Act to Table C providers 7
5‑1......................... Application of Act to Table C providers............................. 7
Division 6—Schedule 1A 10
6‑1......................... Schedule 1A..................................................................... 10
Chapter 2—Grants for higher education assistance etc. 11
Division 8—Introduction 11
8‑1......................... What this Chapter is about................................................ 11
Part 2‑1—Higher education providers 13
Division 13—Introduction 13
13‑1....................... What this Part is about...................................................... 13
13‑5....................... The Higher Education Provider Guidelines...................... 13
Division 16—What is a higher education provider? 14
Subdivision 16‑A—General 14
16‑1....................... Meaning of higher education provider............................. 14
16‑5....................... When a body becomes or ceases to be a higher education provider 14
Subdivision 16‑B—Which bodies are listed providers? 14
16‑10..................... Listed providers................................................................ 14
16‑15..................... Table A providers............................................................. 15
16‑20..................... Table B providers............................................................. 16
16‑22..................... Table C providers............................................................. 17
Subdivision 16‑C—How are bodies approved as higher education providers? 17
16‑25..................... Approval by the Minister.................................................. 17
16‑27..................... Body must be a registered higher education provider....... 19
16‑30..................... The tuition assurance requirements................................... 19
16‑31..................... Tuition assurance requirements exemption for approvals. 19
16‑40..................... Application....................................................................... 20
16‑45..................... Minister may seek further information.............................. 20
16‑50..................... Minister to decide application........................................... 20
16‑55..................... Approvals are legislative instruments............................... 21
16‑60..................... Conditions of approval..................................................... 21
16‑65..................... Minister to cause higher education provider to be notified of change in condition of approval 22
16‑70..................... Variation of approval if body’s name changes.................. 22
Division 19—What are the quality and accountability requirements? 23
Subdivision 19‑A—General 23
19‑1....................... The quality and accountability requirements..................... 23
Subdivision 19‑B—The financial viability requirements 23
19‑5....................... Basic requirement............................................................. 23
19‑10..................... Financial information must be provided............................ 23
19‑12..................... Minister to have regard to financial information............... 24
Subdivision 19‑C—The quality requirements 24
19‑15..................... Provider must maintain quality......................................... 24
Subdivision 19‑D—The fairness requirements 24
19‑30..................... Basic requirement............................................................. 24
19‑35..................... Benefits and opportunities must be available equally to all students 25
19‑37..................... Requiring membership of certain organisations or payment of certain amounts 26
19‑38..................... Higher education providers’ expenditure of student services and amenities fees 28
19‑40..................... Compliance with the tuition assurance requirements......... 30
19‑45..................... Student grievance and review procedures......................... 30
19‑50..................... Higher education providers to appoint review officers..... 32
19‑55..................... Review officers not to review own decisions................... 32
19‑60..................... Procedures relating to personal information...................... 33
Subdivision 19‑E—The compliance requirements 33
19‑65..................... Basic requirements............................................................ 33
19‑67..................... Special requirements for student services, amenities, representation and advocacy in 2012 and later years.......................................................................................... 34
19‑70..................... Provider to provide statement of general information....... 34
19‑75..................... Notice of events that affect provider’s ability to comply with conditions of Commonwealth assistance 35
19‑77..................... Notice of events affecting accreditation............................. 35
19‑78..................... Notice of events significantly affecting TEQSA registration 35
19‑80..................... Compliance assurance—provider (other than Table A provider) 36
19‑82..................... Compliance notices........................................................... 37
Subdivision 19‑F—What are the contribution and fee requirements? 39
19‑85..................... Basic requirement............................................................. 39
19‑87..................... Determining student contribution amounts for all places in units 39
19‑90..................... Determining tuition fees for all students........................... 40
19‑95..................... Schedules of student contribution amounts for places and tuition fees 41
19‑100................... Limits on fees for courses of study................................... 43
19‑102................... Meaning of fee.................................................................. 43
19‑105................... Meaning of tuition fee....................................................... 44
Subdivision 19‑G—The compact and academic freedom requirements 44
19‑110................... Table A providers and Table B providers must enter into mission based compacts 44
19‑115................... Provider to have policy upholding free intellectual inquiry 45
Division 22—When does a body cease to be a higher education provider? 46
Subdivision 22‑A—General 46
22‑1....................... Cessation of approval as a provider.................................. 46
Subdivision 22‑AA—Revocation of approval if registration ceases or winding up order made 46
22‑2....................... Automatic revocation of approval if registration ceases.... 46
22‑3....................... Automatic revocation of approval if winding up order made 47
Subdivision 22‑B—Revocation for cause 48
22‑5....................... Revocation of approval if application for approval as a provider is false or misleading 48
22‑7....................... Revocation of approval if providing education and/or conducting research ceases to be the body’s principal purpose............................................................................. 48
22‑10..................... Revocation of approval if status or accreditation changes. 48
22‑15..................... Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements.......................................................................................... 50
22‑17..................... Revocation of approval as a provider if provider etc. not a fit and proper person 51
Subdivision 22‑C—Process for decisions on revocation under Subdivision 22‑B 52
22‑20..................... Process for revoking approval.......................................... 52
22‑25..................... Determination retaining approval as a provider in respect of existing students 53
22‑30..................... Suspension of approval as a provider............................... 54
22‑32..................... Determination retaining approval as a provider in respect of existing students following suspension of approval............................................................................ 55
Subdivision 22‑D—Revocation of approval on application 55
22‑40..................... Revocation of approval as a provider on application......... 55
Subdivision 22‑E—Notice of approval or revocation ceasing to have effect under the Legislation Act 2003 56
22‑45..................... Notice of approval ceasing to have effect under the Legislation Act 2003 56
22‑50..................... Notice of revocation ceasing to have effect under the Legislation Act 2003 57
Part 2‑2—Commonwealth Grant Scheme 59
Division 27—Introduction 59
27‑1....................... What this Part is about...................................................... 59
27‑5....................... Guidelines......................................................................... 59
Division 30—Which higher education providers are eligible for a grant? 60
Subdivision 30‑A—Basic rules 60
30‑1....................... Eligibility for grants.......................................................... 60
Subdivision 30‑B—Allocation of places 61
30‑10..................... Allocation of places.......................................................... 61
30‑12..................... Designated courses of study............................................. 61
30‑15..................... Funding clusters............................................................... 62
30‑20..................... National priorities............................................................. 62
Subdivision 30‑C—Funding agreements 63
30‑25..................... Funding agreements.......................................................... 63
30‑27..................... Funding agreement may specify maximum basic grant amounts 65
30‑28..................... Funding agreement to be published.................................. 66
Division 33—How are grant amounts worked out? 67
Subdivision 33‑A—Basic rule 67
33‑1....................... How grant amount is worked out..................................... 67
Subdivision 33‑B—Basic grant amounts 68
33‑5....................... Basic grant amounts.......................................................... 68
33‑10..................... Commonwealth contribution amounts.............................. 70
33‑30..................... Working out the number of Commonwealth supported places provided 71
33‑35..................... Funding clusters in which units of study are included...... 72
Subdivision 33‑C—Adjustments 73
33‑37..................... Adjustments for breach of section 19‑37.......................... 73
Subdivision 33‑D—Special purpose advances 74
33‑40..................... Advances for certain purposes.......................................... 74
Division 36—What are the conditions of receiving a grant? 76
Subdivision 36‑A—General 76
36‑1....................... Condition of grant to comply with this Division............... 76
Subdivision 36‑B—Conditions relating to Commonwealth supported students 76
36‑5....................... Meaning of Commonwealth supported student................ 76
36‑10..................... Advice on whether a person is a Commonwealth supported student 77
36‑15..................... Persons not to be advised they are Commonwealth supported 80
36‑20..................... Providers to repay amounts—special circumstances......... 81
36‑21..................... Special circumstances....................................................... 83
36‑22..................... Application period............................................................ 83
36‑23..................... Dealing with applications.................................................. 84
36‑24A.................. Providers to repay amounts—provider ceases to provide course 84
36‑24B.................. Providers to repay amounts—no tax file numbers............ 85
36‑24C.................. Secretary may act if provider is unable to......................... 85
Subdivision 36‑C—Conditions relating to enrolment 86
36‑25..................... Continued support for Commonwealth supported students 86
36‑30..................... Providers to enrol persons as Commonwealth supported students 87
36‑40..................... Providers to cancel enrolments in certain circumstances... 89
Subdivision 36‑D—Conditions relating to student contribution amounts 90
36‑45..................... Limits on student contribution amounts............................ 90
Subdivision 36‑E—Conditions relating to tuition fees 90
36‑55..................... Tuition fees for non‑Commonwealth supported students. 90
Subdivision 36‑F—Other conditions 91
36‑60..................... Providers to meet the quality and accountability requirements 91
36‑65..................... Providers to comply with funding agreement................... 91
36‑70..................... Providers to comply with the Commonwealth Grant Scheme Guidelines 91
Part 2‑2A—Indigenous student assistance grants 93
Division 38—Indigenous student assistance grants 93
38‑1....................... What this Part is about...................................................... 93
38‑5....................... Indigenous Student Assistance Grants Guidelines........... 93
38‑10..................... Eligibility for grants under this Part.................................. 93
38‑15..................... Guidelines may provide for grants.................................... 94
38‑20..................... Approval of grants............................................................ 95
38‑25..................... Conditions on grants......................................................... 95
38‑30..................... Amounts of grants............................................................ 95
38‑35..................... Amounts payable under this Part...................................... 96
38‑40..................... Rollover of grant amounts................................................ 96
38‑45..................... Maximum payments for grants under this Part................. 97
Part 2‑3—Other grants 98
Division 41—Other grants 98
41‑1....................... What this Part is about...................................................... 98
41‑5....................... The Other Grants Guidelines............................................ 98
41‑10..................... Eligibility for grants under this Part.................................. 98
41‑15..................... Grants may be paid under programs............................... 100
41‑20..................... Approval of grants.......................................................... 101
41‑25..................... Conditions on grants....................................................... 101
41‑30..................... Amount of a grant........................................................... 102
41‑35..................... Amounts payable under this Part.................................... 102
41‑40..................... Rollover of grant amounts.............................................. 102
41‑45..................... Maximum payments for other grants under this Part...... 103
41‑50..................... List of maximum grant amounts..................................... 105
41‑95..................... Alternative constitutional bases....................................... 105
Part 2‑4—Commonwealth scholarships 107
Division 46—Commonwealth scholarships 107
46‑1....................... What this Part is about.................................................... 107
46‑5....................... The Commonwealth Scholarships Guidelines................ 107
46‑10..................... Classes of Commonwealth scholarships......................... 107
46‑13..................... Eligibility of students to receive directly‑paid standard Commonwealth scholarships 108
46‑15..................... Eligibility of higher education providers to receive grants for certain Commonwealth scholarships 108
46‑20..................... Other matters relating to Commonwealth scholarships... 109
46‑25..................... Condition of grants......................................................... 111
46‑30..................... Amounts payable under this Part.................................... 111
46‑35..................... Rollover of grant amounts.............................................. 111
46‑40..................... Maximum payments for Commonwealth scholarships... 112
Part 2‑5—Reduction and repayment of grants 114
Division 51—Introduction 114
51‑1....................... What this Part is about.................................................... 114
51‑5....................... The Reduction and Repayment Guidelines..................... 114
Division 54—In what circumstances may a grant be reduced or required to be repaid? 115
54‑1....................... Decision as to reduction or repayment of a grant............ 115
54‑5....................... Appropriateness of requiring reduction or repayment of grant 115
Division 57—What is the amount of a reduction or repayment? 117
57‑1....................... Reduction in amount of grants........................................ 117
57‑5....................... Amount of the repayment............................................... 117
Division 60—How are decisions reducing a grant or requiring repayment of a grant made? 118
60‑1....................... Procedure prior to decision............................................. 118
60‑5....................... Notification of decision................................................... 118
60‑10..................... When a decision takes effect........................................... 119
Chapter 3—Assistance to students 120
Division 65—Introduction 120
65‑1....................... What this Chapter is about.............................................. 120
Part 3‑2—HECS‑HELP assistance 122
Division 87—Introduction 122
87‑1....................... What this Part is about.................................................... 122
87‑5....................... The HECS‑HELP Guidelines......................................... 122
Division 90—Who is entitled to HECS‑HELP assistance? 123
90‑1....................... Entitlement to HECS‑HELP assistance........................... 123
90‑5....................... Citizenship or residency requirements............................ 123
90‑10..................... Students not entitled to HECS‑HELP assistance............ 125
Division 93—How are amounts of HECS‑HELP assistance worked out? 126
93‑1....................... The amount of HECS‑HELP assistance for a unit of study 126
93‑5....................... Student contribution amounts......................................... 126
93‑10..................... Maximum student contribution amounts for places........ 127
93‑15..................... Up‑front payments.......................................................... 128
Division 96—How are amounts of HECS‑HELP assistance paid? 129
96‑1....................... Payments to higher education providers......................... 129
Part 3‑3—FEE‑HELP assistance 130
Division 101—Introduction 130
101‑1..................... What this Part is about.................................................... 130
101‑5..................... The FEE‑HELP Guidelines............................................ 130
Division 104—Who is entitled to FEE‑HELP assistance? 131
Subdivision 104‑A—Basic rules 131
104‑1..................... Entitlement to FEE‑HELP assistance.............................. 131
104‑2..................... Failure by a student to complete previous units accessed through Open Universities Australia 132
104‑3..................... Failure by Open Universities Australia to comply with FEE‑HELP Guidelines etc. 132
104‑4..................... Failure by Open Universities Australia to set tuition fees and census date 134
104‑5..................... Citizenship or residency requirements............................ 135
104‑10................... Course requirements....................................................... 137
Subdivision 104‑B—FEE‑HELP balances 138
104‑15................... A person’s FEE‑HELP balance...................................... 138
104‑20................... The FEE‑HELP limit...................................................... 138
104‑25................... Main case of re‑crediting a person’s FEE‑HELP balance 139
104‑27................... Re‑crediting a person’s FEE‑HELP balance—no tax file number 140
104‑30................... Special circumstances..................................................... 141
104‑35................... Application period.......................................................... 142
104‑40................... Dealing with applications................................................ 143
104‑42................... Re‑crediting a person’s FEE‑HELP balance if provider ceases to provide course of which unit forms part........................................................................................ 143
Subdivision 104‑C—Bridging courses for overseas‑trained professionals 144
104‑45................... Meaning of bridging course for overseas‑trained professionals 144
104‑50................... Assessment statements................................................... 147
104‑55................... Meaning of assessing body............................................ 147
104‑60................... Meaning of listed professional occupations................... 148
104‑65................... Occupation includes part of an occupation...................... 148
104‑70................... Requirements for entry to an occupation......................... 148
Division 107—How are amounts of FEE‑HELP assistance worked out? 150
107‑1..................... The amount of FEE‑HELP assistance for a unit of study 150
107‑5..................... Up‑front payments.......................................................... 150
107‑10................... Amounts of FEE‑HELP assistance and VET FEE‑HELP assistance must not exceed the FEE‑HELP balance........................................................................................ 150
Division 110—How are amounts of FEE‑HELP assistance paid? 153
110‑1..................... Payments........................................................................ 153
110‑5..................... Effect of FEE‑HELP balance being re‑credited............... 153
Part 3‑4—OS‑HELP assistance 155
Division 115—Introduction 155
115‑1..................... What this Part is about.................................................... 155
115‑5..................... The OS‑HELP Guidelines.............................................. 155
Division 118—Who is entitled to OS‑HELP assistance? 156
118‑1..................... Entitlement to OS‑HELP assistance................................ 156
118‑2..................... Entitlement to supplementary amount for Asian language study 157
118‑5..................... Citizenship or residency requirements............................ 158
118‑7..................... Prior study requirements................................................. 159
118‑10................... Overseas study requirements.......................................... 159
118‑15................... Selection of students for receipt of OS‑HELP assistance and supplementary amounts for Asian language study............................................................................... 160
Division 121—How are amounts of OS‑HELP assistance worked out? 161
121‑1..................... The amount of OS‑HELP assistance for a period........... 161
121‑5..................... Maximum OS‑HELP (overseas study) amount.............. 162
121‑10................... Minimum OS‑HELP (overseas study) amount............... 162
121‑15................... Maximum OS‑HELP (Asian language study) amount... 162
121‑20................... Minimum OS‑HELP (Asian language study) amount.... 163
Division 124—How are amounts of OS‑HELP assistance paid? 164
124‑1..................... Amounts of OS‑HELP assistance are lent to students.... 164
Part 3‑5—SA‑HELP assistance 165
Division 125—Introduction 165
125‑1..................... What this Part is about.................................................... 165
Division 126—Who is entitled to SA‑HELP assistance? 166
126‑1..................... Entitlement to SA‑HELP assistance................................ 166
126‑5..................... Citizenship or residency requirements............................ 166
Division 127—How are amounts of SA‑HELP assistance worked out? 169
127‑1..................... The amount of SA‑HELP assistance for a student services and amenities fee 169
Division 128—How are amounts of SA‑HELP assistance paid? 170
128‑1..................... Payments to higher education providers of loans to students 170
128‑5..................... Repayment by higher education provider if student does not have tax file number 170
Chapter 4—Repayment of loans 171
Division 129—Introduction 171
129‑1..................... What this Chapter is about.............................................. 171
Part 4‑1—Indebtedness 172
Division 134—Introduction 172
134‑1..................... What this Part is about.................................................... 172
Division 137—How do HELP debts arise? 173
137‑1..................... HELP debts.................................................................... 173
137‑5..................... HECS‑HELP debts......................................................... 173
137‑10................... FEE‑HELP debts............................................................ 174
137‑15................... OS‑HELP debts.............................................................. 175
137‑16................... SA‑HELP debts.............................................................. 175
137‑18................... VET FEE‑HELP debts................................................... 176
137‑19................... VET student loan debts................................................... 177
137‑20................... HELP debt discharged by death...................................... 178
Division 140—How are accumulated HELP debts worked out? 179
Subdivision 140‑A—Outline of this Division 179
140‑1..................... Outline of this Division.................................................. 179
Subdivision 140‑B—Former accumulated HELP debts 180
140‑5..................... Working out a former accumulated HELP debt.............. 180
140‑10................... HELP debt indexation factor........................................... 184
140‑15................... Index numbers................................................................ 185
140‑20................... Publishing HELP debt indexation factors....................... 185
Subdivision 140‑C—Accumulated HELP debts 186
140‑25................... Working out an accumulated HELP debt........................ 186
140‑30................... Rounding of amounts..................................................... 188
140‑35................... Accumulated HELP debt discharges earlier debts........... 188
140‑40................... Accumulated HELP debt discharged by death................ 189
Part 4‑2—Discharge of indebtedness 190
Division 148—Introduction 190
148‑1..................... What this Part is about.................................................... 190
148‑3..................... The Overseas Debtors Repayment Guidelines................ 190
148‑5..................... The HECS‑HELP Benefit Guidelines............................. 190
Division 151—How is indebtedness voluntarily discharged? 192
151‑1..................... Voluntary repayments in respect of debts....................... 192
151‑10................... Application of voluntary repayments.............................. 192
151‑15................... Refunding of payments................................................... 192
Division 154—How is indebtedness compulsorily discharged? 194
Subdivision 154‑A—Liability to repay amounts 194
154‑1..................... Liability to repay amounts............................................... 194
154‑3..................... Reduction of liability by HECS‑HELP benefit............... 194
154‑5..................... Repayment income.......................................................... 195
154‑10................... Minimum repayment income.......................................... 195
154‑15................... Repayable debt for an income year................................. 196
Subdivision 154‑AA—Liability of overseas debtors to repay amounts 196
154‑16................... Liability of overseas debtors to repay amounts............... 196
154‑17................... Assessed worldwide income.......................................... 197
154‑18................... Notices to be given to the Commissioner........................ 197
Subdivision 154‑B—Amounts payable to the Commonwealth 199
154‑20................... Amounts payable to the Commonwealth........................ 199
154‑25................... Indexation....................................................................... 200
154‑30................... Publishing indexed amounts........................................... 201
154‑32................... Amounts payable to the Commonwealth by overseas debtors 201
Subdivision 154‑C—Assessments 202
154‑35................... Commissioner may make assessments........................... 202
154‑40................... Notification of notices of assessment of tax.................... 202
154‑45................... Commissioner may defer making assessments............... 203
154‑50................... Commissioner may amend assessments......................... 204
154‑55................... Higher education providers etc. to provide information to Commissioner 205
Subdivision 154‑D—Application of tax legislation 205
154‑60................... Returns, assessments, collection and recovery................ 205
154‑65................... Charges and civil penalties for failing to meet obligations 206
154‑70................... Pay as you go (PAYG) withholding.............................. 206
154‑80................... Pay as you go (PAYG) instalments................................ 206
154‑85................... Reduction of compulsory repayment amount by HECS‑HELP benefit 206
154‑90................... Failures to comply with section 154‑18.......................... 207
Division 157—HECS‑HELP benefit 208
Subdivision 157‑A—Who is eligible for the HECS‑HELP benefit? 208
157‑1..................... Application for the HECS‑HELP benefit........................ 208
157‑10................... Providing application to Commissioner.......................... 208
Subdivision 157‑B—What is the amount of the HECS‑HELP benefit? 208
157‑15................... Amount of HECS‑HELP benefit.................................... 208
Subdivision 157‑C—Determination of applications 209
157‑20................... Commissioner must determine application...................... 209
157‑25................... Notifying applicant of determination............................... 209
157‑30................... Review of determinations............................................... 209
Chapter 5—Administration 210
Division 159—Introduction 210
159‑1..................... What this Chapter is about.............................................. 210
159‑5..................... The Administration Guidelines....................................... 210
Part 5‑1—Payments by the Commonwealth 211
Division 164—Payments by the Commonwealth 211
164‑1..................... What this Part is about.................................................... 211
164‑5..................... Time and manner of payments........................................ 211
164‑10................... Advances........................................................................ 211
164‑15................... Overpayments of Commonwealth grants........................ 212
164‑17................... Overpayments of Commonwealth scholarships to students 212
164‑18................... Repayment of Commonwealth scholarships paid to students—breach of condition 213
164‑20................... Rounding of amounts..................................................... 213
Part 5‑2—Administrative requirements on higher education providers 214
Division 169—Administrative requirements on higher education providers 214
169‑1..................... What this Part is about.................................................... 214
169‑5..................... Notices............................................................................ 214
169‑10................... Correction of notices....................................................... 215
169‑15................... Charging student contribution amounts and tuition fees. 216
169‑20................... Exempt students.............................................................. 218
169‑25................... Determining census dates and EFTSL values................. 219
169‑27................... Meaning of EFTSL......................................................... 220
169‑28................... Meaning of EFTSL value................................................ 221
169‑30................... Communications with the Commonwealth concerning students etc. 221
169‑35................... 6 week cut off for corrections affecting entitlement to Commonwealth assistance 222
Part 5‑3—Electronic communications 224
Division 174—Electronic communications 224
174‑1..................... What this Part is about.................................................... 224
174‑5..................... Guidelines may deal with electronic communications..... 224
Part 5‑4—Management of information 226
Division 179—Protection of personal information 226
179‑1..................... What this Division is about............................................. 226
179‑5..................... Meaning of personal information................................... 226
179‑10................... Use of personal information........................................... 226
179‑15................... Meanings of officer etc. and official employment............ 227
179‑20................... When information is disclosed in the course of official employment 229
179‑25................... Commissioner may disclose information........................ 231
179‑30................... Oath or affirmation to protect information...................... 231
179‑35................... Unauthorised access to, or modification of, personal information 232
179‑40................... Officer may use information........................................... 232
179‑45................... This Division does not limit disclosure or use of information 233
Division 180—Disclosure or use of Higher Education Support Act information 234
180‑1..................... What this Division is about............................................. 234
180‑5..................... Meaning of Higher Education Support Act information. 234
180‑10................... Disclosure and use by Commonwealth officers.............. 234
180‑15................... Disclosure of information to TEQSA............................. 234
180‑20................... Disclosure of information to the National VET Regulator 235
180‑25................... Disclosure of information to other bodies....................... 235
180‑28................... Disclosure and use of information for the HELP program 237
180‑30................... Use of information to conduct surveys........................... 238
180‑35................... This Division does not limit disclosure or use of information 239
Division 182—Other rules about information 240
182‑1..................... Minister may seek information from TEQSA and relevant VET regulator 240
Part 5‑5—Tax file numbers 241
Division 184—Introduction 241
184‑1..................... What this Part is about.................................................... 241
Division 187—What are the tax file number requirements for assistance under Chapter 3? 242
187‑1..................... Meeting the tax file number requirements....................... 242
187‑2..................... Who is an appropriate officer?........................................ 245
187‑5..................... Student to notify tax file number when issued................ 245
Division 190—Who can the Commissioner notify of tax file number matters? 247
190‑1..................... When tax file numbers are issued etc.............................. 247
190‑5..................... When tax file numbers are altered................................... 247
190‑10................... When tax file numbers are incorrectly notified—students with tax file numbers 248
190‑15................... When tax file numbers are incorrectly notified—students without tax file numbers 249
190‑20................... When applications are refused or tax file numbers are cancelled 250
Division 193—Other provisions relating to tax file numbers 251
193‑1..................... Giving information about tax file number requirements.. 251
193‑5..................... No entitlement to HECS‑HELP assistance for students without tax file numbers 254
193‑10................... No entitlement to FEE‑HELP assistance for students without tax file numbers 255
193‑15................... No entitlement to SA‑HELP assistance for students without tax file numbers 256
Part 5‑6—Indexation 258
Division 198—Indexation 258
198‑1..................... What this Part is about.................................................... 258
198‑5..................... The amounts that are to be indexed................................. 258
198‑10................... Indexing amounts........................................................... 259
198‑15................... Meaning of indexation factor.......................................... 259
198‑20................... Meaning of index number............................................... 259
Part 5‑7—Review of decisions 262
Division 203—Introduction 262
203‑1..................... What this Part is about.................................................... 262
Division 206—Which decisions are subject to review? 263
206‑1..................... Reviewable decisions etc................................................ 263
206‑5..................... Deadlines for making reviewable decisions.................... 264
206‑10................... Decision maker must give reasons for reviewable decisions 265
Division 209—How are decisions reconsidered? 266
209‑1..................... Reviewer of decisions..................................................... 266
209‑5..................... Reviewer may reconsider reviewable decisions.............. 266
209‑10................... Reconsideration of reviewable decisions on request....... 267
Division 212—Which decisions are subject to AAT review? 269
212‑1..................... AAT review of reviewable decisions.............................. 269
Chapter 7—Miscellaneous 270
238‑1..................... Delegations by Secretary................................................ 270
238‑5..................... Delegations by Minister.................................................. 270
238‑7..................... Review of impact of Act................................................. 271
238‑8..................... Extent of Commissioner’s general administration of this Act 271
238‑10................... Guidelines....................................................................... 271
238‑12................... Appropriation................................................................. 273
238‑15................... Regulations..................................................................... 273
Schedule 1A—VET FEE‑HELP Assistance Scheme 274
1............................ What this Schedule is about............................................ 274
Part 1—VET providers 275
Division 1—Introduction 275
2............................ What this Part is about.................................................... 275
3............................ The VET Guidelines....................................................... 275
Division 3—What is a VET provider? 276
Subdivision 3‑A—General 276
4............................ Meaning of VET provider............................................... 276
5............................ When a body becomes or ceases to be a VET provider.. 276
Subdivision 3‑B—How are bodies approved as VET providers? 276
6............................ Approval by the Minister................................................ 276
7............................ The VET tuition assurance requirements........................ 279
8............................ VET tuition assurance requirements exemption for approvals 279
9............................ Application..................................................................... 279
10.......................... Minister may seek further information............................ 280
11.......................... Minister to decide application......................................... 280
12.......................... Approvals are legislative instruments............................. 281
12A....................... Conditions of approval................................................... 282
12B........................ Minister to cause VET provider to be notified of change in condition of approval 282
12C........................ Variation of approval if body’s name changes................ 282
Division 4—What are the VET quality and accountability requirements? 284
Subdivision 4‑A—General 284
13.......................... The VET quality and accountability requirements........... 284
Subdivision 4‑B—The VET financial viability requirements 284
14.......................... Basic requirement........................................................... 284
15.......................... Financial information must be provided.......................... 284
16.......................... Minister to have regard to financial information............. 285
Subdivision 4‑C—The VET quality requirements 285
17.......................... Provider must maintain quality....................................... 285
Subdivision 4‑D—The VET fairness requirements 286
18.......................... Equal benefits and opportunity requirements.................. 286
19.......................... Student grievance and review requirements.................... 286
20.......................... Tuition assurance requirements....................................... 286
21.......................... VET providers to appoint review officers....................... 287
22.......................... Review officers not to review own decisions................. 287
23.......................... Procedures relating to personal information.................... 288
Subdivision 4‑E—The VET compliance requirements 288
23A....................... Basic requirement........................................................... 288
23B........................ Entry procedure for students........................................... 288
23C........................ Receiving requests for Commonwealth assistance.......... 289
24.......................... VET provider to provide statement of general information 290
25.......................... Notice of events that affect provider’s ability to comply with VET quality and accountability requirements........................................................................................ 291
25A....................... Copy of notice given to National VET Regulator about material changes 291
26.......................... Compliance assurance—provider................................... 292
26A....................... Compliance notices......................................................... 293
Subdivision 4‑F—The VET fee requirements 296
27.......................... Determining tuition fees for all students......................... 296
27A....................... Requirements in the VET Guidelines.............................. 296
28.......................... Schedules of VET tuition fees........................................ 297
Division 5—When does a body cease to be a VET provider? 299
Subdivision 5‑A—General 299
29.......................... Cessation of approval as a provider................................ 299
29A....................... Minister to notify relevant VET Regulator of cessation of approval 299
Subdivision 5‑AA—Revocation of approval if registration ceases or winding up order made 299
29B........................ Automatic revocation of approval if registration ceases.. 299
29C........................ Automatic revocation of approval if winding up order made 300
Subdivision 5‑B—Revocation for cause 301
30.......................... Revocation of approval if application for approval as a provider is false or misleading 301
30A....................... Revocation of approval if body’s links to Australia are broken 301
31.......................... Revocation of approval if providing education ceases to be the body’s principal purpose 301
32A....................... Revocation of approval if body ceases to offer VET courses of study 302
33.......................... Revocation of approval as a provider for a breach of the VET quality and accountability requirements or of conditions....................................................................... 302
33A....................... Revocation of approval as a provider if provider etc. not a fit and proper person 303
Subdivision 5‑C—Process for decisions on revocation under Subdivision 5‑B 303
34.......................... Process for revoking approval........................................ 303
35.......................... Determination retaining approval as a provider in respect of existing students 304
36.......................... Suspension of approval as a provider............................. 305
37.......................... Determination retaining approval as a provider in respect of existing students following suspension of approval.......................................................................... 307
Subdivision 5‑D—Revocation of approval on application 308
39.......................... Revocation of approval as a provider on application....... 308
Subdivision 5‑E—Notice of approval or revocation ceasing to have effect under the Legislation Act 2003 309
39A....................... Notice of approval ceasing to have effect under the Legislation Act 2003 309
39B........................ Notice of revocation ceasing to have effect under the Legislation Act 2003 310
Division 5A—Civil penalty provisions and enforcement 311
Subdivision 5A‑A—Civil penalty provisions 311
39DA.................... Civil penalty provisions.................................................. 311
39DB..................... Civil penalty—publishing information that suggests VET FEE‑HELP assistance is not a loan etc. 311
39DC..................... Civil penalty—inappropriate inducements...................... 312
39DD.................... Appropriate and inappropriate inducements.................... 313
39DE..................... Civil penalty—failure to provide VET FEE‑HELP notices 314
39DF..................... Civil penalty—failure to comply with student requests... 314
39DG.................... Civil penalty—charging a fee etc. for a student to cancel an enrolment or request for assistance 315
39DH.................... Civil penalty—accepting requests for Commonwealth assistance etc. when student not entitled 316
39DI...................... Civil penalty—failure to advise about requests etc.......... 317
39DJ...................... Civil penalty—failure to apportion fees appropriately..... 318
39DK..................... Civil penalty—failure to publish fees.............................. 318
39DL..................... Civil penalty—failure to report data................................ 319
Subdivision 5A‑B—Infringement notices 319
39EA..................... Infringement notices....................................................... 319
39EB..................... Infringement officers...................................................... 319
39EC..................... Relevant chief executive.................................................. 320
Subdivision 5A‑C—Monitoring and investigation powers 320
39FA..................... Monitoring powers......................................................... 320
39FB..................... Monitoring powers—persons exercising relevant roles etc. 320
39FC..................... Investigation powers....................................................... 321
39FD..................... Investigation powers—persons exercising relevant roles etc. 321
Subdivision 5A‑D—Other matters 322
39GA.................... Appointment of investigators.......................................... 322
39GB..................... Functions and powers..................................................... 323
39GC..................... Delegation by relevant chief executive etc....................... 323
39GD.................... Other enforcement action................................................ 324
Part 2—VET FEE‑HELP assistance 325
Division 6—Introduction 325
40.......................... What this Part is about.................................................... 325
41.......................... The VET Guidelines....................................................... 325
Division 7—Who is entitled to VET FEE‑HELP assistance? 326
Subdivision 7‑A—Basic rules 326
43.......................... Entitlement to VET FEE‑HELP assistance..................... 326
44.......................... Citizenship or residency requirements............................ 328
45.......................... Course requirements....................................................... 330
45A....................... VET unit of study not undertaken as part of VET course of study 331
45B........................ Entry procedure requirements......................................... 331
45C........................ Request for Commonwealth assistance requirements..... 331
45D....................... Notional VET FEE‑HELP accounts............................... 332
45E........................ Effect of VET FEE‑HELP account being in deficit at the end of a calendar year 335
Subdivision 7‑B—FEE‑HELP balances 337
46.......................... Main case of re‑crediting a person’s FEE‑HELP balance 337
46A....................... Re‑crediting a person’s FEE‑HELP balance—unacceptable conduct by provider or provider’s agent 338
46B........................ Re‑crediting a person’s FEE‑HELP balance—VET FEE‑HELP account in deficit at the end of a calendar year........................................................................................ 340
47.......................... Re‑crediting a person’s FEE‑HELP balance—no tax file number 341
48.......................... Special circumstances..................................................... 342
49.......................... Application period.......................................................... 342
50.......................... Dealing with applications................................................ 343
51.......................... Re‑crediting a person’s FEE‑HELP balance if provider ceases to provide course of which unit forms part........................................................................................ 343
51A....................... Implications for the student’s liability to the VET provider for the VET tuition fee 344
Division 8—How are amounts of VET FEE‑HELP assistance worked out? 345
52.......................... The amount of VET FEE‑HELP assistance for a VET unit of study 345
53.......................... Up‑front payments.......................................................... 345
54.......................... Amounts of VET FEE‑HELP assistance and FEE‑HELP assistance must not exceed the FEE‑HELP balance........................................................................................ 345
Division 9—How are amounts of VET FEE‑HELP assistance paid? 347
55.......................... Payments........................................................................ 347
56.......................... Effect of FEE‑HELP balance being re‑credited............... 347
Part 3—Administration 349
Division 10—Introduction 349
57.......................... What this Part is about.................................................... 349
58.......................... The VET Guidelines....................................................... 349
Division 11—Payments by the Commonwealth 350
59.......................... What this Division is about............................................. 350
60.......................... Time and manner of payments........................................ 350
61.......................... Advances........................................................................ 350
62.......................... Rounding of amounts..................................................... 352
Division 12—Administrative requirements on VET providers 353
63.......................... What this Division is about............................................. 353
64.......................... Notices............................................................................ 353
65.......................... Correction of notices....................................................... 354
66.......................... Charging VET tuition fees.............................................. 355
67.......................... Determining census dates............................................... 355
68.......................... Communications with the Commonwealth concerning students etc. 356
Division 13—Electronic communications 357
69.......................... What this Division is about............................................. 357
70.......................... Guidelines may deal with electronic communications..... 357
Division 14—Management of information 359
71.......................... What this Division is about............................................. 359
72.......................... Meaning of VET personal information........................... 359
73.......................... Use of VET personal information................................... 359
74.......................... Meanings of VET officer etc. and official employment.... 360
75.......................... When information is disclosed in the course of official employment 360
76.......................... Commissioner may disclose information........................ 362
77.......................... Oath or affirmation to protect information...................... 363
78.......................... Unauthorised access to, or modification of, VET personal information 363
78A....................... Officer may use information........................................... 364
78B........................ This Division does not limit disclosure or use of information 364
Division 15—Tax file numbers 365
Subdivision 15‑A—Introduction 365
79.......................... What this Division is about............................................. 365
Subdivision 15‑B—What are the tax file number requirements for assistance under Part 2? 365
80.......................... Meeting the tax file number requirements....................... 365
81.......................... Who is an appropriate officer?........................................ 366
82.......................... Student to notify tax file number when issued................ 367
Subdivision 15‑C—Who can the Commissioner notify of tax file number matters? 367
83.......................... When tax file numbers are issued etc.............................. 367
84.......................... When tax file numbers are altered................................... 367
85.......................... When tax file numbers are incorrectly notified—students with tax file numbers 368
86.......................... When tax file numbers are incorrectly notified—students without tax file numbers 368
87.......................... When applications are refused or tax file numbers are cancelled 369
Subdivision 15‑D—Other provisions relating to tax file numbers 369
88.......................... Giving information about tax file number requirements.. 369
89.......................... No entitlement to VET FEE‑HELP assistance for students without tax file numbers 371
Division 16—Review of decisions 372
Subdivision 16‑A—Introduction 372
90.......................... What this Division is about............................................. 372
Subdivision 16‑B—Which decisions are subject to review? 372
91.......................... Reviewable VET decisions etc........................................ 372
92.......................... Deadlines for making reviewable VET decisions........... 374
93.......................... Decision maker must give reasons for reviewable VET decisions 374
Subdivision 16‑C—How are decisions reconsidered? 374
94.......................... Reviewer of decisions..................................................... 374
95.......................... Reviewer may reconsider reviewable VET decisions..... 375
96.......................... Reconsideration of reviewable VET decisions on request 376
Subdivision 16‑D—Which decisions are subject to AAT review? 377
97.......................... AAT review of reviewable VET decisions..................... 377
Part 4—Miscellaneous 378
97A....................... Compensation for acquisition of property....................... 378
98.......................... Delegations by Secretary................................................ 378
99.......................... VET Guidelines.............................................................. 379
Schedule 1—Dictionary 380
1............................ Definitions...................................................................... 380
Endnotes 402
Endnote 1—About the endnotes 402
Endnote 2—Abbreviation key 404
Endnote 3—Legislation history 405
Endnote 4—Amendment history 415
An Act relating to the funding of higher education, and for other purposes
Chapter 1—Introduction
Division 1—Preliminary
1‑1 Short title
This Act may be cited as the Higher Education Support Act 2003.
1‑5 Commencement
(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. | 19 December 2003 |
| 2. Sections 1‑10 to 238‑15 | The later of: (a) 1 January 2004; and (b) the day after the day on which this Act receives the Royal Assent. | 1 January 2004 |
| 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. | 1 January 2004 |
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.
1‑10 Identifying defined terms
(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 |
Division 2—Objects
2‑1 Objects of this Act
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
(iv) promotes and protects free intellectual inquiry in learning, teaching and research; and
(b) to support the distinctive purposes of universities, which are:
(i) the education of persons, enabling them to take a leadership role in the intellectual, cultural, economic and social development of their communities; and
(ii) the creation and advancement of knowledge; and
(iii) the application of knowledge and discoveries to the betterment of communities in Australia and internationally;
recognising that universities are established under laws of the Commonwealth, the States and the Territories that empower them to achieve their objectives as autonomous institutions through governing bodies that are responsible for both the university’s overall performance and its ongoing independence; and
(c) 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
(d) to support students undertaking higher education and certain vocational education and training.
Division 3—Overview of this Act
3‑1 General
This Act primarily provides for the Commonwealth to give financial support for higher education and certain vocational education and training:
(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).
3‑5 Grants for higher education assistance etc. (Chapter 2)
(1) Chapter 2 sets out who are higher education providers, and provides for the following grants and payments:
(a) grants under the Commonwealth Grant Scheme;
(aa) grants for assisting Indigenous students;
(b) other grants for particular purposes;
(c) grants for Commonwealth scholarships.
(2) Higher education providers will be universities, self‑accrediting entities or non self‑accrediting entities.
(3) Chapter 2 also provides for the direct payment to students of certain Commonwealth scholarships.
3‑10 Assistance to students (Chapter 3)
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;
(d) SA‑HELP assistance for meeting student services and amenities fees imposed by higher education providers.
3‑15 Repayment of loans (Chapter 4)
Chapter 4 sets out how debts are incurred and worked out in relation to loans made under Chapter 3, and provides for their repayment.
3‑20 Administration (Chapter 5)
Chapter 5 provides for several administrative matters relating to the operation of this Act.
3‑30 VET FEE‑HELP Assistance Scheme (Schedule 1A)
Schedule 1A provides for financial assistance to students undertaking certain accredited vocational education and training (VET) courses.
Division 5—Application of Act to Table C providers
5‑1 Application of Act to Table C providers
General application to Table C providers
(1) The provisions of this Act not listed in the table in subsection (2) or in subsection (4) apply to a *Table C provider, the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.
Modified application to Table C providers
(2) The provisions of this Act listed in the table apply to a *Table C provider in the way set out in the table.
| Application of Act to Table C providers |
| Item | Provision | Application |
| 1 | Subdivision 19‑C (quality requirements) | Applies to the *Australian branch of the provider. However, *TEQSA may need to assess the overall performance of the provider as it relates to that branch. |
| 2 | Subdivision 19‑D (fairness requirements) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 3 | Subdivision 19‑F (contribution and fee requirements) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 4 | Part 3‑3 (FEE‑HELP assistance) | Applies to eligible students of the *Australian branch of the provider, but only for units of study in which the students are enrolled at the Australian branch. |
| 5 | Part 3‑4 (OS‑HELP assistance) | Applies to eligible students of the *Australian branch of the provider. |
| 5A | Part 3‑5 (SA‑HELP assistance) | Applies to eligible students of the *Australian branch of the provider who are enrolled at the Australian branch in a *course of study or *bridging course for overseas‑trained professionals. |
| 6 | Chapter 4 (Repayment of loans) | Applies to the *Australian branch of the provider and to students undertaking, or students who undertook, units of study at that branch. |
| 7 | Part 5‑2 (Administrative requirements on higher education providers) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 8 | Part 5‑3 (Electronic communications) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 9 | Part 5‑4 (Management of information) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 10 | Part 5‑5 (Tax file numbers) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 11 | Part 5‑7 (Review of decisions) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
Provisions that do not apply to Table C providers
(3) The provisions of this Act listed in subsection (4) do not apply to:
(a) a *Table C provider; or
(b) the *Australian branch of the provider; or
(c) students in their capacity as students of that provider or of that branch.
(4) The provisions are as follows:
(a) Part 2‑2 (Commonwealth Grant Scheme);
(aa) Part 2‑2A (Indigenous student assistance grants);
(b) Part 2‑3 (Other grants);
(c) Part 2‑4 (Commonwealth scholarships);
(d) Part 2‑5 (Reduction and repayment of grants);
(e) Part 3‑2 (HECS‑HELP assistance);
(f) Schedule 1A (VET FEE‑HELP Assistance Scheme).
Division 6—Schedule 1A
6‑1 Schedule 1A
Schedule 1A has effect.
Chapter 2—Grants for higher education assistance etc.
Division 8—Introduction
8‑1 What this Chapter is about
This Chapter provides for who are higher education providers, and for 4 kinds of grants to be made.
Part 2‑1 sets out who are higher education providers (universities, self‑accrediting entities and non self‑accrediting entities), 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 4 kinds of grants available under this Chapter are:
• grants under Part 2‑2 (Commonwealth Grant Scheme) to certain higher education providers. These grants are paid in relation to Commonwealth supported places. Grants are made subject to conditions; and
• grants under Part 2‑2A to Table A providers and Table B providers to assist Indigenous students; 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.
This Chapter also provides for the direct payment to students of certain Commonwealth scholarships under Part 2‑4.
Part 2‑1—Higher education providers
Division 13—Introduction
13‑1 What this Part is about
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 (universities and certain self‑accrediting entities) have that approval upon commencement of this Act. Table C providers have that approval from the time they are included in Table C. 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.
13‑5 The Higher Education Provider Guidelines
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.
Division 16—What is a higher education provider?
Subdivision 16‑A—General
16‑1 Meaning of higher education provider
A higher education provider is a body corporate that is approved under this Division.
16‑5 When a body becomes or ceases to be a higher education provider
(1) A *listed provider is taken to be approved as a higher education provider from the commencement of this Act.
(1A) A *Table C provider is taken to be approved as a higher education provider from the commencement of the provision that included the provider in Table C in section 16‑22.
(2) A body corporate:
(a) that is not a *listed provider or a *Table C provider; or
(b) that is a listed provider or a Table C 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 or the notice of the provider’s approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.
Subdivision 16‑B—Which bodies are listed providers?
16‑10 Listed providers
The following are listed providers:
(a) a *Table A provider;
(b) a *Table B provider.
16‑15 Table A providers
(1) The following are Table A providers:
| Table A providers |
| Providers |
| Central Queensland University |
| Charles Darwin University |
| Charles Sturt University |
| Curtin University of Technology |
| Deakin University |
| Edith Cowan University |
| Federation University Australia |
| Griffith University |
| James Cook University |
| La Trobe University |
| Macquarie University |
| Monash University |
| Murdoch 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 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 |
| Australian Catholic University |
| 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.
16‑20 Table B providers
(1) The following are Table B providers:
| Table B providers |
| Providers |
| Bond University |
| The University of Notre Dame Australia |
| MCD University of Divinity |
| Torrens University Australia |
(2) However, a body is not a Table B provider if its approval as a higher education provider is revoked or suspended.
16‑22 Table C providers
(1) The following are Table C providers:
| Table C providers |
| Providers |
| Carnegie Mellon University, a non‑profit organisation established under Pennsylvania law |
| University College London, a non‑profit organisation established under United Kingdom law |
(2) However, a body is not a Table C provider if its approval as a higher education provider is revoked or suspended.
Note: A Table C provider is not entitled to receive a grant under this Chapter: see section 5‑1.
Subdivision 16‑C—How are bodies approved as higher education providers?
16‑25 Approval by the Minister
(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
(aa) subject to subsection (2), the body’s principal purpose is, or is taken to be, either or both of the following:
(i) to provide education;
(ii) to conduct research; and
(b) the body is:
(i) an *Australian university; or
(ii) a *self‑accrediting entity; or
(iii) a *non self‑accrediting entity; and
(c) the body either fulfils the *tuition assurance requirements or is exempted from those requirements under section 16‑31; and
(da) the body offers at least one *course of study that leads to a *higher education award; and
(db) the course of study is an *accredited course in relation to the body; 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; and
(fa) the body complies with any requirements set out in the Higher Education Provider Guidelines; and
(g) the Minister is satisfied that:
(i) the body; and
(ii) each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body’s affairs;
is a fit and proper person.
(2) For the purpose of paragraph (1)(aa), the Minister may determine that a body’s principal purpose is taken to be either or both of the following:
(a) to provide education;
(b) to conduct research;
if the Minister is satisfied that any of the body’s purposes do not conflict with the body’s purpose of providing education and/or conducting research.
(3) The Minister must, in deciding whether he or she is satisfied that a person is a fit and proper person, take into account the matters specified in an instrument under subsection (4). The Minister may take into account any other matters he or she considers relevant.
(4) The Minister must, by legislative instrument, specify matters for the purposes of subsection (3).
16‑27 Body must be a registered higher education provider
Despite section 16‑25, the Minister must not approve a body corporate as a higher education provider unless the body is a *registered higher education provider.
16‑30 The tuition assurance requirements
The tuition assurance requirements are that the body corporate complies with the requirements for tuition assurance set out in the Higher Education Provider Guidelines.
16‑31 Tuition assurance requirements exemption for approvals
(1) The Minister may, in writing, exempt a body corporate from the *tuition assurance requirements for the purposes of approving the body under section 16‑25.
Note: This section only deals with exemptions from the tuition assurance requirements when approving bodies as higher education providers. For exemptions from the tuition assurance requirements after approval has happened, see subsection 19‑40(2).
(2) An exemption is subject to such conditions as are specified in the exemption.
Note: A body will not be exempt if a condition of the exemption is not complied with.
(3) An exemption given under this section is not a legislative instrument.
16‑40 Application
(1) A body corporate that is a *registered higher education provider may apply, in writing, to the Minister for approval as a higher education provider under this Act.
(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.
16‑45 Minister may seek further information
(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).
16‑50 Minister to decide application
(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(1)(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.
(3A) However, contravention of subsection (3) does not affect the Minister’s power to decide the application or the Minister’s obligation to comply with subsection (1).
(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.
16‑55 Approvals are legislative instruments
(1) A notice of approval under paragraph 16‑50(1)(b) is a legislative instrument.
(2) A decision of the Minister to approve a body corporate as a higher education provider takes effect when the notice of approval commences under the Legislation Act 2003.
Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.
16‑60 Conditions of approval
(1) The Minister may impose conditions on a body corporate’s approval as a higher education provider. Such conditions need not be imposed at the time notice of approval is given to the provider.
(2) The Minister may vary a condition imposed under subsection (1).
16‑65 Minister to cause higher education provider to be notified of change in condition of approval
The Minister must, within 30 days of his or her decision to impose or vary a condition on a higher education provider, cause the provider to be notified, in writing, of:
(a) the decision; and
(b) the reasons for the decision; and
(c) the period for which the condition is imposed.
16‑70 Variation of approval if body’s name changes
(1) If a body corporate is approved as a higher education provider under section 16‑25 and the body’s name changes, the Minister may vary the approval to include the new name.
(2) The Minister must notify the body in writing of the variation.
(3) A notice of variation under subsection (2) is a legislative instrument.
(4) The variation takes effect when the notice of variation commences under the Legislation Act 2003.
Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.
Division 19—What are the quality and accountability requirements?
Subdivision 19‑A—General
19‑1 The quality and accountability requirements
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); and
(f) the *compact and academic freedom requirements (see Subdivision 19‑G).
Subdivision 19‑B—The financial viability requirements
19‑5 Basic requirement
A higher education provider:
(a) must be financially viable; and
(b) must be likely to remain financially viable.
19‑10 Financial information must be provided
(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 6 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.
19‑12 Minister to have regard to financial information
In determining whether a higher education provider is financially viable, and likely to remain so, the Minister must have regard to any financial statement provided by the provider under section 19‑10.
Subdivision 19‑C—The quality requirements
19‑15 Provider must maintain quality
A higher education provider must operate, and continue to operate, at a level of quality:
(a) that meets the Threshold Standards (within the meaning of the *TEQSA Act); and
(b) that meets the requirements imposed by or under the TEQSA Act on, or in relation to, the provider.
Subdivision 19‑D—The fairness requirements
19‑30 Basic requirement
A higher education provider must treat fairly:
(a) all of its students; and
(b) all of the persons seeking to enrol with the provider.
19‑35 Benefits and opportunities must be available equally to all students
(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 that, in the provider’s reasonable view, are 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.
(4) A higher education provider that receives any payment under section 110‑1 on account of amounts of *FEE‑HELP assistance for a unit of study must have open, fair and transparent procedures that, in the provider’s reasonable view, are based on merit for making decisions about:
(a) the selection, from among the persons who seek to enrol with the provider in that unit of study, of persons to enrol; and
(b) the treatment of students undertaking that unit of study.
(5) Subsection (4) does not prevent a higher education provider taking into account, in making decisions mentioned in that subsection, educational disadvantages that a particular student has experienced.
19‑37 Requiring membership of certain organisations or payment of certain amounts
(1) A higher education provider must not:
(a) require a person to be or to become a member of an organisation of students, or of students and other persons; or
(b) require a person enrolled with, or seeking to enrol with, the provider to pay to the provider or any other entity an amount in respect of an organisation of students, or of students and other persons;
unless the person has chosen to be or to become a member of the organisation.
(2) A higher education provider must not require a person enrolled with, or seeking to enrol with, the provider to pay to the provider or any other entity an amount for the provision to students of an amenity, facility or service that is not of an academic nature, unless the person has chosen to use the amenity, facility or service.
(3) Subsection (2) does not apply to an amount that the higher education provider requires the person to pay if the amount is for goods or services that:
(a) are essential for the course of study in which the person is enrolled or seeking to enrol; and
(b) the person has the choice of acquiring from, but does not acquire from, a supplier other than the higher education provider; and
(c) either:
(i) are goods that become the property of the person that are not intended to be consumed during the course of study; or
(ii) consist of food, transport or accommodation associated with provision of field trips in connection with the course of study.
(4) Subsection (2) does not apply to a *student services and amenities fee that the higher education provider requires the person to pay.
(5) A student services and amenities fee is an amount:
(a) that a higher education provider requires a person enrolled, or seeking to enrol, with the provider to pay for a period starting on or after 1 January 2012 to support the provision to students of amenities and services not of an academic nature, regardless of whether the person chooses to use any of those amenities and services; and
(b) that is determined by the provider in accordance with the Administration Guidelines; and
(c) that is not more than the amount worked out for that period for the person in accordance with those guidelines; and
(d) that is payable on a day determined in accordance with those guidelines; and
(e) that is such that the total of all amounts that are covered by paragraphs (a), (b), (c) and (d) for the same provider and person is not more than $263, for amounts for periods falling wholly or partly within a calendar year starting on or after 1 January 2012.
Note 1: The Administration Guidelines are made by the Minister under section 238‑10.
Note 2: The amount of $263 mentioned in paragraph (5)(e) is indexed under Part 5‑6.
Note 3: Paragraph 19‑102(3)(b) prevents a student services and amenities fee from being a fee as defined in section 19‑102.
(6) If a higher education provider determines a *student services and amenities fee, the provider:
(a) must publish, in accordance with the Administration Guidelines:
(i) enough information to enable a person liable to pay the fee to work out the amount of the fee; and
(ii) notice of the day on which the fee is payable; and
(b) must, on request by a person who is or may become liable to pay the fee, inform the person of the amount of the fee and the day on which it is or would be payable.
19‑38 Higher education providers’ expenditure of student services and amenities fees
(1) A higher education provider must not spend an amount paid to the provider as a *student services and amenities fee to support:
(a) a political party; or
(b) the election of a person as a member of:
(i) the legislature of the Commonwealth, a State or a Territory; or
(ii) a local government body.
(2) If a higher education provider pays a person or organisation an amount paid to the provider as a *student services and amenities fee, the provider must make the payment on the condition that none of the payment is to be spent by the person or organisation to support:
(a) a political party; or
(b) the election of a person as a member of:
(i) the legislature of the Commonwealth, a State or a Territory; or
(ii) a local government body.
(3) A higher education provider must not spend, for a purpose other than that specified in subsection (4), an amount paid to the provider as a *student services and amenities fee.
(4) Subsection (3) does not prohibit expenditure for a purpose that relates to the provision of any of the following services:
(a) providing food or drink to students on a campus of the higher education provider;
(b) supporting a sporting or other recreational activity by students;
(c) supporting the administration of a club most of whose members are students;
(d) caring for children of students;
(e) providing legal services to students;
(f) promoting the health or welfare of students;
(g) helping students secure accommodation;
(h) helping students obtain employment or advice on careers;
(i) helping students with their financial affairs;
(j) helping students obtain insurance against personal accidents;
(k) supporting debating by students;
(l) providing libraries and reading rooms (other than those provided for academic purposes) for students;
(m) supporting an artistic activity by students;
(n) supporting the production and dissemination to students of media whose content is provided by students;
(o) helping students develop skills for study, by means other than undertaking *courses of study in which they are enrolled;
(p) advising on matters arising under the higher education provider’s rules (however described);
(q) advocating students’ interests in matters arising under the higher education provider’s rules (however described);
(r) giving students information to help them in their orientation;
(s) helping meet the specific needs of *overseas students relating to their welfare, accommodation and employment.
Note: Examples of expenditure for a purpose that relates to the provision of a service specified in subsection (4) include:
(a) expenditure by the higher education provider in directly providing the service; and
(b) expenditure by the higher education provider in getting someone else to provide the service or subsidising the provision of the service by someone else; and
(c) expenditure by the higher education provider on infrastructure for the provision of the service.
(5) Without limiting who is a child of a person for the purposes of paragraph (4)(d), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
(6) To avoid doubt, subsections (1), (2) and (3) apply to an advance made to a higher education provider on account of *SA‑HELP assistance in the same way as they apply to an amount paid to the provider as a *student services and amenities fee.
Note: An amount of SA‑HELP assistance paid to a provider is an amount paid to the provider as a student services and amenities fee because, under section 128‑1, the SA‑HELP assistance is paid to discharge the student’s liability to pay the fee.
(7) Subsection (6) does not limit subsection 164‑10(2).
Note: Subsection 164‑10(2) applies to an advance on account of an amount the conditions that would apply to payment of the amount.
19‑40 Compliance with the tuition assurance requirements
(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).
(3) An exemption:
(a) is subject to such conditions as are specified in the exemption; and
(b) may be expressed to be in force for a period specified in the exemption.
Note: A body will not be exempt if a condition of the exemption is not complied with.
(4) An exemption given under this section is not a legislative instrument.
19‑45 Student grievance and review procedures
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:
(i) under section 36‑20; or
(ii) relating to assistance under Chapter 3.
Note: Part 5‑7 also deals with reconsideration and review of decisions.
(2) Except where the provider is a *Table A provider, the grievance procedures referred to in paragraphs (1)(a) and (b) must comply with the requirements of the Higher Education Provider Guidelines.
(3) The review procedure referred to in paragraph (1)(c) must comply with the requirements of the Higher Education Provider Guidelines.
Guidelines may provide for matters relating to reviews
(4) The Higher Education Provider Guidelines may provide for matters relating to reviews of decisions made by higher education providers:
(a) under section 36‑20; or
(b) relating to assistance under Chapter 3;
including procedures that are to be followed by *review officers when reviewing those decisions.
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.
19‑50 Higher education providers to appoint review officers
(1) A higher education provider must appoint a *review officer to undertake reviews of decisions made by the provider:
(a) under section 36‑20; or
(b) 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:
(c) under section 36‑20; or
(d) relating to assistance under Chapter 3.
19‑55 Review officers not to review own decisions
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.
19‑60 Procedures relating to personal information
(1) A higher education provider must comply with the Australian Privacy Principles in respect of *personal information obtained for the purposes of section 36‑20 or 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).
Subdivision 19‑E—The compliance requirements
19‑65 Basic requirements
(1) A higher education provider must comply with:
(a) this Act and the regulations; and
(b) the Guidelines made under section 238‑10 that apply to the provider; and
(c) a condition imposed on the provider’s approval as a higher education provider.
(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.
19‑67 Special requirements for student services, amenities, representation and advocacy in 2012 and later years
(1) A higher education provider that receives a grant under Part 2‑2 in respect of the year 2012 or a later year must comply in respect of the year with the requirements of the Student Services, Amenities, Representation and Advocacy Guidelines as those guidelines were in force on the 30 June just before the year.
Note: The Student Services, Amenities, Representation and Advocacy Guidelines are made by the Minister under section 238‑10.
(2) The Student Services, Amenities, Representation and Advocacy Guidelines may provide for:
(a) requirements for providing students with information about services that are not of an academic nature and that support students; and
(b) requirements for providing students with access to such services; and
(c) requirements relating to the representation and advocacy of the interests of students.
(3) However, the Student Services, Amenities, Representation and Advocacy Guidelines cannot require a provider to fund an organisation of students, or of students and other persons.
(4) Subsection 19‑65(1) does not apply in relation to the Student Services, Amenities, Representation and Advocacy Guidelines.
19‑70 Provider to provide statement of general information
(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 (if any) approved by the Minister for the information; and
(b) in accordance with such other requirements as the Minister makes.
(3) A notice under this section must not require the giving of information that a higher education provider is required to give to the Minister under section 19‑95.
19‑75 Notice of events that affect provider’s ability to comply with conditions of Commonwealth assistance
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 significantly affect the provider’s capacity to meet the conditions of grants under this Chapter or the *quality and accountability requirements.
19‑77 Notice of events affecting accreditation
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 relates to:
(c) the provider’s authority conferred by or under the *TEQSA Act to self‑accredit one or more *courses of study; or
(d) TEQSA’s accreditation of a course of study that is an *accredited course in relation to the provider.
19‑78 Notice of events significantly affecting TEQSA registration
(1) A higher education provider must by writing inform the Minister of any event significantly affecting:
(a) the provider; or
(b) a *related body corporate of the provider;
that relates to the provider’s registration as a *registered higher education provider.
(2) If a higher education provider informs the Minister of an event under section 19‑77, the provider need not inform the Minister of the event under this section.
19‑80 Compliance assurance—provider (other than Table A provider)
(1) The Minister may require a higher education provider (other than a *Table A provider) to be audited as to compliance with any one or more of the following requirements:
(a) the *financial viability requirements;
(b) the *fairness requirements;
(c) the *compliance requirements;
(d) the *contribution and fee requirements.
(2) The audit must be conducted:
(a) by a body determined in writing by the Minister; and
(b) at such time or times, and in such manner, as the Minister requires.
(2A) To avoid doubt, if the Minister makes a determination under subsection (2) in relation to *TEQSA, the determination is not a direction for the purposes of subsection 136(2) of the *TEQSA Act.
(3) The provider must:
(a) fully co‑operate with the auditing body in the course of its audit; and
(b) pay to the auditing body any charges payable for such an audit.
(4) A determination made under paragraph (2)(a) is not a legislative instrument.
19‑82 Compliance notices
Grounds for giving a compliance notice
(1) The Minister may give a higher education provider a written notice (a compliance notice) in accordance with this section if the Minister is satisfied that the provider has not complied with, or is aware of information that suggests that the provider may not comply with, one or more of the following:
(a) this Act or the regulations;
(b) the Guidelines made under section 238‑10 that apply to the provider;
(c) a condition imposed on the provider’s approval as a higher education provider.
Content of compliance notice
(2) The compliance notice must:
(a) set out the name of the provider to which the notice is given; and
(b) set out brief details of the non‑compliance or possible non‑compliance; and
(c) specify action that the provider must take, or refrain from taking, in order to address the non‑compliance or possible non‑compliance; and
(d) specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and
(e) if the Minister considers it appropriate—specify a reasonable period within which the provider must provide the Minister with evidence that the provider has taken, or refrained from taking, the specified action; and
(f) in any case—state that a failure to comply with the notice is a breach of a *quality and accountability requirement which may lead to the provider’s approval as a higher education provider being suspended or revoked; and
(g) in any case—set out any other matters specified in the Higher Education Provider Guidelines for the purposes of this paragraph.
Matters that Minister must consider in giving compliance notice
(3) In deciding whether to give the compliance notice, the Minister must consider all of the following matters:
(a) whether the non‑compliance or possible non‑compliance is of a minor or major nature;
(b) the period for which the provider has been approved as a higher education provider;
(c) the provider’s history of compliance with:
(i) this Act and the regulations; and
(ii) the Guidelines made under section 238‑10 that apply to the provider; and
(iii) any conditions imposed on the provider’s approval as a higher education provider;
(d) the impact of the higher education provider’s non‑compliance or possible non‑compliance, and of the proposed compliance notice, on:
(i) the provider’s students; and
(ii) the provision of higher education generally;
(e) the public interest;
(f) any other matter specified in the Higher Education Provider Guidelines for the purposes of this paragraph.
Higher Education provider to comply with compliance notice
(4) A higher education provider must comply with a compliance notice given to the provider under this section.
Note: A failure to comply with a compliance notice is a breach of a quality and accountability requirement which may lead to the provider’s approval as a higher education provider being suspended or revoked (see sections 22‑15 and 22‑30).
Variation and revocation of compliance notice
(5) The Minister may, by written notice given to the higher education provider, vary or revoke a compliance notice if, at the time of the variation or revocation, the Minister considers that taking such action is in the public interest.
Note: A variation could, for example, specify different action to be taken by the provider or a different period for complying with the notice.
(6) In deciding whether to vary or revoke the compliance notice, the Minister must consider any submissions that are received from the higher education provider before the end of the period mentioned in paragraph (2)(d).
Compliance notice not required before suspending or revoking approval
(7) To avoid doubt, the Minister need not give a compliance notice under this section before suspending or revoking the provider’s approval as a higher education provider in accordance with Division 22.
Subdivision 19‑F—What are the contribution and fee requirements?
19‑85 Basic requirement
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.
19‑87 Determining student contribution amounts for all places in units
(1) This section applies to a unit of study:
(a) that a higher education provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines; and
(b) in relation to which the provider may advise a person that he or she is a *Commonwealth supported student.
(2) The provider must determine, for places in the unit, one or more *student contribution amounts that are to apply to students who may enrol in the unit during the period.
(2A) In determining more than one *student contribution amount under subsection (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the Higher Education Provider Guidelines as matters to which a provider must not have regard.
(3) The provider must not vary a *student contribution amount unless the provider:
(a) does so:
(i) before the date ascertained in accordance with the Higher Education Provider Guidelines; and
(ii) in circumstances specified in the Higher Education Provider Guidelines; or
(b) does so with the written approval of the Minister.
19‑90 Determining tuition fees for all students
(1) This section applies to a unit of study that a higher education provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines.
(2) The provider must determine, for the unit, one or more *fees that are to apply to students who may enrol in the unit during the period.
(3) In determining more than one *fee under subsection (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the Higher Education Provider Guidelines as matters to which a provider must not have regard.
(4) The provider must not vary a *fee unless the provider:
(a) does so:
(i) before the date ascertained in accordance with the Higher Education Provider Guidelines; and
(ii) in circumstances specified in the Higher Education Provider Guidelines; or
(b) does so with the written approval of the Minister.
19‑95 Schedules of student contribution amounts for places and tuition fees
(1) A higher education provider must give the Minister a schedule of the *student contribution amounts for places, and *tuition fees, determined under sections 19‑87 and 19‑90 for all the units of study it provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines. 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, for each unit of study the provider provides or is to provide:
(i) the person’s *student contribution amount; and
(ii) if the provider determined more than one student contribution amount for places in a unit under section 19‑87—which of those student contribution amounts applies to the person; and
(aa) ensure that the schedule provides sufficient information to enable a person to work out, for each unit of study the provider provides or is to provide:
(i) the person’s *tuition fee; and
(ii) if the provider determined more than one tuition fee for a unit under section 19‑90—which of those tuition fees applies to the person; and
(b) publish the schedule for a particular period by the date ascertained in accordance with the Higher Education Provider Guidelines; 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.
Replacement schedules
(3) If:
(a) the provider has given the Minister a schedule (the previous schedule) under:
(i) subsection (1); or
(ii) this subsection; and
(b) the provider:
(i) varies a *student contribution amount in the previous schedule; or
(ii) varies a *tuition fee in the previous schedule;
the provider must:
(c) by written notice given to the Minister:
(i) withdraw the previous schedule; and
(ii) inform the Minister of the variation; and
(d) give the Minister a replacement schedule incorporating the variation.
Note 1: The provider must comply with subsection 19‑87(3) when varying a student contribution amount.
Note 2: The provider must comply with subsection 19‑90(4) when varying a tuition fee.
(4) Subsections (1) and (2) apply to the replacement schedule in a corresponding way to the way in which they apply to the previous schedule.
19‑100 Limits on fees for courses of study
A higher education provider must not charge a person a *fee for a *course of study that exceeds the sum of the person’s *tuition fees for all of the units of study undertaken with the provider by the person as part of the course.
19‑102 Meaning of fee
(1) A 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 fee may also include any fee payable to the provider in respect of the granting of a *higher education award.
(3) A 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 the Higher Education Provider Guidelines for the imposition of fees in respect of *overseas students; 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 the Higher Education Provider Guidelines, to be a fee of a kind that is incidental to studies that may be undertaken with a higher education provider; or
(g) a *student contribution amount payable in respect of a student.
(4) The definition of fee in this section does not apply for the purposes of section 104‑50.
19‑105 Meaning of tuition fee
A person’s tuition fee for a unit of study is:
(a) if only one fee has been determined for the unit under subsection 19‑90(2)—that fee; or
(b) if more than one fee has been determined for the unit under that subsection—the fee determined under that subsection that applies to the person.
Subdivision 19‑G—The compact and academic freedom requirements
19‑110 Table A providers and Table B providers must enter into mission based compacts
(1) A higher education provider that is a *Table A provider or a *Table B provider must, in respect of each year for which a grant is paid to the provider under this Act, enter into a mission based compact with the Commonwealth for a period that includes that year.
(2) The Minister may, on behalf of the Commonwealth, enter into a mission based compact with a *Table A provider or a *Table B provider.
(3) The mission based compact must include:
(a) a statement of the provider’s mission; and
(b) a statement of the provider’s strategies for teaching and learning; and
(c) a statement of the provider’s strategies for:
(i) undertaking research; and
(ii) research training; and
(iii) innovation.
Note: A mission based compact may include other matters.
(4) The *Secretary must cause a copy of each mission based compact to be published on the Department’s website within 28 days after the making of the compact.
19‑115 Provider to have policy upholding free intellectual inquiry
A higher education provider that is a *Table A provider or a *Table B provider must have a policy that upholds free intellectual inquiry in relation to learning, teaching and research.
Division 22—When does a body cease to be a higher education provider?
Subdivision 22‑A—General
22‑1 Cessation of approval as a provider
(1) A body ceases to be approved as a higher education provider:
(a) if a decision to revoke the approval is in effect under Subdivision 22‑AA, 22‑B or 22‑D; or
(b) while the approval is suspended under section 22‑30; or
(c) if the notice of the provider’s approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.
(2) If a body ceases to be approved as a higher education provider, the Minister must ensure that *TEQSA is notified, in writing, of the cessation.
Subdivision 22‑AA—Revocation of approval if registration ceases or winding up order made
22‑2 Automatic revocation of approval if registration ceases
(1) The Minister must revoke a body’s approval as a higher education provider if:
(a) the body is no longer a *registered higher education provider; and
(b) in a case where *TEQSA has made either of the following decisions under the *TEQSA Act, the decision has not been set aside or quashed, and is no longer *subject to review:
(i) a decision under section 36 of that Act to refuse an application to renew the body’s registration under Part 3 of that Act;
(ii) a decision under section 101 of that Act to cancel the body’s registration under Part 3 of that Act.
(2) The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.
(3) A notice of revocation under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.
(4) A decision of the Minister to revoke a body’s approval as a higher education provider takes effect on the day that the notice of revocation under subsection (2) is registered in the *Federal Register of Legislation.
22‑3 Automatic revocation of approval if winding up order made
(1) The Minister must revoke a body’s approval as a higher education provider if:
(a) an order is made by a court, or by the Australian Securities and Investments Commission under Part 5.4C of the Corporations Act 2001, for the winding up of the body; and
(b) the order has not been set aside or quashed, and is no longer *subject to review.
(2) The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.
(3) A notice of revocation under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.
(4) A decision of the Minister to revoke a body’s approval as a higher education provider takes effect on the day that the notice of revocation under subsection (2) is registered in the *Federal Register of Legislation.
Subdivision 22‑B—Revocation for cause
22‑5 Revocation of approval if application for approval as a provider is false or misleading
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.
22‑7 Revocation of approval if providing education and/or conducting research ceases to be the body’s principal purpose
(1) The Minister may revoke a body’s approval as a higher education provider if:
(a) the body’s principal purpose is no longer, or is no longer taken to be, either or both of the following:
(i) to provide education;
(ii) to conduct research; and
(c) the Minister complies with the requirements of section 22‑20.
(2) The Minister may also revoke a body’s approval as a higher education provider if:
(a) the Minister is satisfied that any of the body’s purposes conflict with the body’s principal purpose of providing education and/or conducting research; and
(b) the Minister complies with the requirements of section 22‑20.
22‑10 Revocation of approval if status or accreditation changes
Bodies that cease to be Australian universities
(1) The Minister may revoke a body’s approval as a higher education provider if:
(a) the body was an *Australian university at the last time the body became a higher education provider; and
(b) since that time, the body has ceased to be an Australian university; and
(c) the Minister complies with the requirements of section 22‑20.
Bodies that cease to be self‑accrediting entities
(2) The Minister may revoke a body’s approval as a higher education provider if:
(a) the body was a *self‑accrediting entity 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 entity; and
(c) the Minister complies with the requirements of section 22‑20.
Self‑accrediting entities that cease to have authority to accredit courses
(2A) The Minister may revoke a body’s approval as a higher education provider if:
(a) the body was a *self‑accrediting entity at the last time the body became a higher education provider; and
(b) the body is no longer authorised by or under the *TEQSA Act to self‑accredit a *course of study that the body was authorised to self‑accredit at that time; and
(c) the Minister complies with the requirements of section 22‑20.
Bodies that cease to be non self‑accrediting entities
(3) The Minister may revoke a body’s approval as a higher education provider if:
(a) the body was a *non self‑accrediting entity 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 entity; and
(c) the Minister complies with the requirements of section 22‑20.
Bodies offering courses that cease to be accredited courses
(4) The Minister may revoke a body’s approval as a higher education provider if:
(a) the body was a *self‑accrediting entity or a *non self‑accrediting entity at the last time the body became a higher education provider; and
(b) a *course of study offered by the body that was an *accredited course ceases to be an accredited course; and
(c) the Minister complies with the requirements of section 22‑20.
Bodies that no longer meet certain approval criteria
(5) The Minister may revoke a body’s approval as a higher education provider if:
(a) the body no longer meets a requirement set out in:
(i) paragraph 16‑25(1)(a); or
(ii) paragraph 16‑25(1)(da); and
(b) the Minister complies with the requirements of section 22‑20.
22‑15 Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements
(1) The Minister may revoke a body’s approval as a higher education provider if the Minister:
(a) is satisfied that the body has:
(i) breached a condition of a grant made to the body under Part 2‑2, 2‑2A, 2‑3 or 2‑4; or
(ii) breached a *quality and accountability requirement; or
(iii) breached a condition imposed on the body’s approval; 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.
Note: Section 16‑60 allows conditions to be imposed on the body’s approval.
(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.
22‑17 Revocation of approval as a provider if provider etc. not a fit and proper person
(1) The Minister may revoke a body’s approval as a higher education provider if the Minister:
(a) is satisfied that:
(i) the body; or
(ii) at least one person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body’s affairs;
is not a fit and proper person; and
(b) complies with the requirements of section 22‑20.
(2) The Minister must, in deciding whether he or she is satisfied that a person is not a fit and proper person, take into account the matters specified in an instrument under subsection 16‑25(4). The Minister may take into account any other matters he or she considers relevant.
Subdivision 22‑C—Process for decisions on revocation under Subdivision 22‑B
22‑20 Process for revoking approval
(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 that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.
(3A) A notice of revocation under subsection (3) is a legislative instrument.
(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) A decision of the Minister to revoke a body’s approval as a higher education provider takes effect on the day that the notice of revocation under subsection (3) is registered in the *Federal Register of Legislation.
(6) If the notice of revocation under subsection (3) ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003, then the decision to revoke the approval ceases to have effect at the same time.
22‑25 Determination retaining approval as a provider in respect of existing students
(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 referred to in subsection 22‑20(5).
(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.
22‑30 Suspension of approval as a provider
(1) The Minister may, by legislative instrument, determine 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.
(2A) Before the Minister makes a determination under subsection (1) in respect of a body, the Minister must give the body notice in writing:
(a) stating that the Minister is considering suspending the body’s approval; and
(b) stating the reasons why the Minister is considering suspending the body’s approval; and
(c) inviting the body to respond to the Minister, in writing, within 14 days of the date of the notice.
(2B) In deciding whether or not to make a determination under subsection (1), the Minister must consider any response received from the body within the 14 day period.
(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 a reasonable period of time 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.
22‑32 Determination retaining approval as a provider in respect of existing students following suspension of approval
(1) The Minister may determine, in writing, that a suspension of a body’s approval as a higher education provider under section 22‑30 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 22‑30(4)(a).
(2) A copy of the determination must be given to the body concerned.
(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.
(5) A determination made under subsection (1) is not a legislative instrument.
Subdivision 22‑D—Revocation of approval on application
22‑40 Revocation of approval as a provider on application
(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.
(3A) A notice of revocation under subsection (3) is a legislative instrument.
(4) The revocation has effect on the day requested unless another day is specified in the notice under subsection (3).
Subdivision 22‑E—Notice of approval or revocation ceasing to have effect under the Legislation Act 2003
22‑45 Notice of approval ceasing to have effect under the Legislation Act 2003
(1) This section applies if:
(a) a decision of the Minister to approve a body corporate as a higher education provider has taken effect; and
(b) the body ceases to be approved as a higher education provider because the notice of the approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.
(2) The fact that the body ceases to be approved as a higher education provider does not:
(a) affect:
(i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or
(ii) anything duly done or suffered in relation to the body before the cessation; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or
(c) affect any penalty, forfeiture or punishment incurred in respect of the body having been a higher education provider; or
(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.
Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a higher education provider.
22‑50 Notice of revocation ceasing to have effect under the Legislation Act 2003
(1) This section applies if:
(a) a decision of the Minister to revoke a body’s approval as a higher education provider has taken effect; and
(b) the decision to revoke the approval ceases to have effect because the notice of revocation ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.
(2) The fact that the decision to revoke the approval ceases to have effect does not:
(a) affect:
(i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or
(ii) anything duly done or suffered in relation to the body before the cessation; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or
(c) affect any penalty, forfeiture or punishment incurred in respect of the body before the cessation; or
(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.
Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the decision to revoke the approval had not ceased to have effect.
Part 2‑2—Commonwealth Grant Scheme
Division 27—Introduction
27‑1 What this Part is about
Grants are payable under this Part to higher education providers that meet certain requirements. These grants are paid in relation to Commonwealth supported places.
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).
Note: This Part does not apply to Table C providers: see section 5‑1.
27‑5 Guidelines
(1) The grants payable under this Part are also dealt with in the Commonwealth Grant Scheme Guidelines and the Tuition Fee Guidelines.
(2) The provisions of this Part indicate:
(a) when a particular matter is, or may be, dealt with in the guidelines; and
(b) whether the matter is dealt with in the Commonwealth Grant Scheme Guidelines or the Tuition Fee Guidelines.
Note 1: The Commonwealth Grant Scheme Guidelines and the Tuition Fee 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.
Division 30—Which higher education providers are eligible for a grant?
Subdivision 30‑A—Basic rules
30‑1 Eligibility for grants
(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:
(i) is a *Table A provider; and
(ii) has entered into a funding agreement with the Commonwealth under section 30‑25 in respect of a period that includes that year; or
(b) all of the following apply:
(i) the provider is a higher education provider specified in the Commonwealth Grant Scheme Guidelines as a higher education provider that can be paid grants under this Part;
(ii) the Minister has allocated a *number of Commonwealth supported places to the provider for that year under section 30‑10;
(iii) the provider has entered into a funding agreement with the Commonwealth under section 30‑25 in respect of a period that includes 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.
Subdivision 30‑B—Allocation of places
30‑10 Allocation of places
(1) Before the commencement of a year, the Minister may, for that year, allocate a specified *number of Commonwealth supported places to:
(a) a *Table A provider in relation to *designated courses of study; and
(b) a higher education provider referred to in subparagraph 30‑1(1)(b)(i).
Note: The Minister does not allocate places to Table A providers in relation to non‑designated courses of study.
(2) The allocation must specify the distribution of those places between the *funding clusters.
(2A) If the provider has indicated to the Minister its preferred distribution of those places, the Minister must have regard to that preferred distribution in deciding the distribution of those places.
(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.
(5) If the allocation made under subsection (1) is made in writing, the allocation is not a legislative instrument.
30‑12 Designated courses of study
(1) Each of the following are designated courses of study in relation to a *Table A provider:
(a) non‑research *postgraduate courses of study;
(b) *courses of study in medicine;
(c) courses of study specified by the Minister under subsection (2).
(2) The Minister may, by legislative instrument, specify *courses of study for the purposes of paragraph (1)(c).
30‑15 Funding clusters
The funding clusters are:
| Funding clusters |
| Law, Accounting, Administration, Economics, Commerce |
| Humanities |
| Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health |
| Education |
| Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts |
| Nursing |
| Engineering, Science, Surveying |
| Dentistry, Medicine, Veterinary Science, Agriculture |
30‑20 National priorities
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.
Subdivision 30‑C—Funding agreements
30‑25 Funding agreements
(1) The Minister may, on behalf of the Commonwealth, enter into a funding agreement with a higher education provider relating to grants under this Part in respect of each year in a period of 3 years (the grant years).
(1A) In negotiating the agreement the Minister must have regard to all of the types of matters that the provider has indicated to the Minister it wishes to be specified in the agreement.
(2) The agreement may specify conditions to which the grants are subject, that are additional to the conditions that apply under Division 36.
Note: It is a condition of the grants that the provider comply with the agreement: see section 36‑65.
(2A) However, the agreement must not specify as a condition to which the grants are subject a matter in respect of which the Minister could have made a determination under subsection 36‑15(2) (or could have made such a determination but for subsection 36‑15(3)).
Note: The Minister has the power under subsection 36‑15(2) to determine that students are not to be enrolled as Commonwealth supported students in particular courses. The determination is disallowable (see subsection 36‑15(3)).
(2B) Where the agreement specifies conditions to which the grants are subject, that are additional to the conditions that apply under Division 36, those conditions must not relate to industrial relations matters.
(3) Without limiting subsection (2), the agreement may specify:
(aa) the *number of Commonwealth supported places allocated to the provider under section 30‑10 for the grant year; and
(a) in relation to one or more of the following:
(i) places in *undergraduate courses of study;
(ii) places in non‑research *postgraduate courses of study;
(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 grant years, or the maximum number of Commonwealth supported places that the provider may provide in the grant year or grant years, or both; and
(b) the maximum number of Commonwealth supported places provided by the provider which can have a regional loading in the grant years; and
(c) the maximum number of Commonwealth supported places provided by the provider which can have a medical student loading in the grant years; and
(ca) the maximum number of Commonwealth supported places provided by the provider which can have an enabling loading in the grant years; and
(cb) the maximum number of Commonwealth supported places provided by the provider which can have a transitional loading in the grant years; and
(d) the maximum amount of regional loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and
(da) the maximum amount of enabling loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and
(e) the maximum amount of transitional loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; 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.
30‑27 Funding agreement may specify maximum basic grant amounts
(1) A funding agreement may:
(a) for a higher education provider that is a *Table A provider—specify a maximum basic grant amount payable to the provider for a grant year for:
(i) *designated courses of study; and
(ii) *non‑designated courses of study; and
(b) for a higher education provider that is not a Table A provider—specify a maximum basic grant amount payable to the provider for a grant year.
Table A providers—maximum basic grant amounts for designated courses of study
(2) The *maximum basic grant amount for a *Table A provider for *designated courses of study must not be less than the amount worked out under subsection 33‑5(4) for the provider for the grant year.
Table A providers—maximum basic grant amounts for non‑designated courses of study
(3) The *maximum basic grant amount for a *Table A provider for *non‑designated courses of study must not be less than:
(a) if a maximum basic grant amount was specified in the provider’s funding agreement for the preceding year for non‑designated courses of study—the amount that was so specified; or
(b) if a maximum basic grant amount was not specified in the provider’s funding agreement for the preceding year for non‑designated courses of study—the amount worked out under paragraph 33‑5(5)(a) for the provider for the preceding year.
Non‑Table A providers—maximum basic grant amounts
(4) The *maximum basic grant amount for a provider that is not a *Table A provider must not be less than the amount worked out under subsection 33‑5(8) for the provider for the grant year.
30‑28 Funding agreement to be published
The *Secretary must cause a copy of each funding agreement to be published on the Department’s website within 28 days after the making of the agreement.
Division 33—How are grant amounts worked out?
Subdivision 33‑A—Basic rule
33‑1 How grant amount is worked out
(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) adding:
(i) the amount of any regional loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and
(ii) the amount of any medical student loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and
(iii) the amount of any enabling loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and
(iv) the amount of any transitional loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and
(v) the amount of any performance funding grant amount worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year.
(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.
Subdivision 33‑B—Basic grant amounts
33‑5 Basic grant amounts
(1) This section sets out how to work out the basic grant amount for a higher education provider for a year.
Basic grant amounts for Table A providers
(2) For a *Table A provider, the *basic grant amount for a year is the sum of:
(a) the amount for *designated courses of study (see subsection (3)); and
(b) the amount for *non‑designated courses of study (see subsections (5) and (6)).
Table A providers—amount for designated courses of study
(3) For the purposes of paragraph (2)(a), the amount for *designated courses of study is the lesser of:
(a) the sum of the amounts worked out, for each *funding cluster in which the provider has provided places in *designated courses of study, by multiplying:
(i) the *number of Commonwealth supported places provided by the provider in designated courses of study in that funding cluster; by
(ii) the *Commonwealth contribution amount for a place in that funding cluster; and
(b) either:
(i) if there is a *maximum basic grant amount specified in the provider’s funding agreement for designated courses of study—that specified amount; or
(ii) if there is no maximum basic grant amount specified in the provider’s funding agreement for designated courses of study—the amount worked out under subsection (4).
(4) For the purposes of subparagraph (3)(b)(ii), the amount is the sum of the amounts worked out, for each *funding cluster to which the Minister has allocated places to the provider under section 30‑10, by multiplying:
(a) the *number of Commonwealth supported places allocated to that funding cluster; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Table A providers—amount for non‑designated courses of study
(5) For the purposes of paragraph (2)(b) and subject to subsection (6), the amount for *non‑designated courses of study is the lesser of:
(a) the sum of the amounts worked out, for each *funding cluster in which the provider has provided places in non‑designated courses of study, by multiplying:
(i) the *number of Commonwealth supported places provided by the provider in non‑designated courses of study in that funding cluster; by
(ii) the *Commonwealth contribution amount for a place in that funding cluster; and
(b) the *maximum basic grant amount specified in the provider’s funding agreement in relation to non‑designated courses of study.
(6) If a *maximum basic grant amount is not specified in the provider’s funding agreement in relation to *non‑designated courses of study, the amount for non‑designated courses of study is the amount worked out under paragraph (5)(a).
Basic grant amounts for non‑Table A providers
(7) For a provider that is not a *Table A provider, the *basic grant amount for a year is the lesser of:
(a) the sum of the amounts worked out, for each *funding cluster in which the provider has provided places, by multiplying:
(i) the *number of Commonwealth supported places provided by the provider in that funding cluster; by
(ii) the *Commonwealth contribution amount for a place in that funding cluster; and
(b) either:
(i) if there is a *maximum basic grant amount specified in the provider’s funding agreement—that specified amount; or
(ii) if there is no maximum basic grant amount specified in the provider’s funding agreement—the amount worked out under subsection (8).
(8) For the purposes of subparagraph (7)(b)(ii), the amount is the sum of the amounts worked out, for each *funding cluster to which the Minister has allocated places to the provider under section 30‑10, by multiplying:
(a) the *number of Commonwealth supported places allocated to that funding cluster; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
33‑10 Commonwealth contribution amounts
The Commonwealth contribution amount, for a place in a *funding cluster, is:
| Commonwealth contribution amount |
| Item | Funding cluster | Commonwealth contribution amount |
| 1 | Law, Accounting, Administration, Economics, Commerce | $1,765 |
| 2 | Humanities | $4,901 |
| 3 | Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health | $8,670 |
| 4 | Education | $9,020 |
| 5 | Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts | $10,662 |
| 6 | Nursing | $11,903 |
| 7 | Engineering, Science, Surveying | $15,156 |
| 8 | Dentistry, Medicine, Veterinary Science, Agriculture | $19,235 |
Note: Commonwealth contribution amounts are indexed under Part 5‑6.
33‑30 Working out the number of Commonwealth supported places provided
(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 169‑28(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.
(3) To work out the *number of Commonwealth supported places that a higher education provider has provided as mentioned in an item of column 1 of the following table, apply the method statement in subsection (1) to the units of study mentioned in column 2 of that item.
| Item | Column 1 To work out the number of Commonwealth supported places provided in ... | Column 2 apply the method statement in subsection (1) to ... |
| 1 | a *funding cluster | units provided by the provider in the funding cluster. |
| 2 | *designated courses of study in a funding cluster | units provided by the provider in the funding cluster in designated courses of study. |
| 3 | *non‑designated courses of study in a funding cluster | units provided by the provider in the funding cluster in non‑designated courses of study. |
33‑35 Funding clusters in which units of study are included
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.
Subdivision 33‑C—Adjustments
33‑37 Adjustments for breach of section 19‑37
(1) A higher education provider’s *basic grant amount for the grant year is reduced by an adjustment in respect of the grant year if, on one or more occasions during the grant year, the provider breaches a condition imposed under section 19‑37.
(2) The adjustment under subsection (1) is an amount worked out using the formula:
where:
reduction amount is $100.
Note: The reduction amount is indexed under Part 5‑6.
total places provided is the total *number of Commonwealth supported places provided by the higher education provider for the grant year.
(3) This section does not apply in relation to a breach of a condition imposed under section 19‑37 by a higher education provider if:
(a) the breach consists of requiring a person to pay money to the provider or another entity; and
(b) as a result of the requirement, the person paid money to the provider or other entity; and
(c) the Minister has given a written notice to the provider under subsection (4); and
(d) the provider or other entity repays the money to the person within 28 days after the Minister gave the notice to the provider.
(4) If the Minister becomes aware that:
(a) a higher education provider has breached a condition imposed under section 19‑37; and
(b) the breach consists of requiring a person to pay money to the provider or another entity;
the Minister must give to the provider a written notice:
(c) requiring repayment, within 28 days after the notice is given, of any money paid to the provider or any other entity as a result of the requirement; and
(d) stating that failure to repay any such money within that period will result in a reduction under this section of the provider’s *basic grant amount for the grant year in question.
The notice may relate to more than one breach.
(5) A failure by the Minister to give a notice under subsection (4) in relation to a breach of a condition imposed under section 19‑37 does not prevent this section from applying in relation to the breach.
(6) This section does not apply more than once in relation to a higher education provider’s *basic grant amount for a grant year.
Subdivision 33‑D—Special purpose advances
33‑40 Advances for certain purposes
(1) The Minister may, if an amount has been specified under subsection (3A), 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 specified by the Minister under subsection (3A).
(3A) The Minister may, by legislative instrument, specify an amount for the purposes of subsection (3).
(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.
Division 36—What are the conditions of receiving a grant?
Subdivision 36‑A—General
36‑1 Condition of grant to comply with this Division
(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.
Subdivision 36‑B—Conditions relating to Commonwealth supported students
36‑5 Meaning of Commonwealth supported student
(1) A person is a Commonwealth supported student, in relation to a unit of study, if:
(a) 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:
(i) in relation to the unit; or
(ii) if the person is undertaking a *course of study with the provider of which the unit forms a part—in relation to that course of study; and
(b) at the end of the *census date for the unit, the higher education provider would not have been prohibited, under section 36‑10 or 36‑15, or both, from so advising 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.
36‑10 Advice on whether a person is a Commonwealth supported student
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) the provider has entered into a funding agreement under section 30‑25 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 that provider or another higher education provider; and
(c) the person meets the citizenship or residency requirements for the purposes of this paragraph (see subsections (2) and (2A)); and
(e) the person:
(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.
(2) A person meets the citizenship or residency requirements for the purposes of paragraph (1)(c) if the person is:
(a) an Australian citizen; or
(b) a citizen of New Zealand who will be resident within Australia for the duration of the unit; or
(c) a *permanent visa holder who will be resident within Australia for the duration of the unit.
(2A) In determining, for the purposes of subparagraph (2)(b) or (c), 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.
(2B) Despite subsections (2) and (2A), a person does not meet the citizenship or residency requirements under subsection (2), if the higher education provider reasonably expects that he or she will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part.
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.
Units of study at full fee summer or winter schools
(7) 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:
(a) the person undertakes the unit wholly during a summer school period (the current summer school period) or a winter school period (the current winter school period); and
(b) the provider has determined that this subsection applies to the unit.
(8) A higher education provider may determine that subsection (7) applies to a unit of study only if each person who could undertake the unit during the current summer school period or current winter school period could undertake, or could have undertaken, the unit during a period other than a summer school period or winter school period as part of a *course of study undertaken by the person with the higher education provider.
(9) The higher education provider must make the determination:
(a) before the start of the current summer school period, if the determination relates to a unit undertaken during a summer school period; or
(b) before the start of the current winter school period, if the determination relates to a unit undertaken during a winter school period.
(10) In this section:
summer school period means a period that starts on or after 1 November in a year and ends after 1 January, but before 1 March, in the following year.
winter school period means a period that starts on or after 1 June in a year and ends on or before 31 August in that year.
36‑15 Persons not to be advised they are Commonwealth supported
(1A) A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:
(a) the unit contributes to the requirements of a *course of study; and
(b) the course of study is, or is to be, undertaken by the person primarily at an overseas campus.
(1) 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 unit forms part of a course to which a determination under subsection (2) applies.
(2) The Minister may, by legislative instrument, determine that:
(a) a specified *course of study is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students; or
(b) a *course of study of a specified type is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students.
(3) In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course, or a course of that type.
(4) A determination of the Minister under subsection (2) must not be made later than 6 months before the day that students are able next to commence the specified course, or a course of that type, with the provider.
36‑20 Providers to repay amounts—special circumstances
(1) A higher education provider must, on the *Secretary’s behalf, determine that this section applies to a person if:
(a) the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and
(b) the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and
(c) 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
(d) the provider is satisfied that special circumstances apply to the person (see section 36‑21); and
(e) the person applies in writing to that provider for either or both:
(i) the repayment of any amounts that the person paid in relation to his or her *student contribution amount for the unit; or
(ii) the remission of the person’s *HECS‑HELP debt in relation to the unit; and
(f) either:
(i) the application is made before the end of the application period under section 36‑22; 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 1: A HECS‑HELP debt of a person to whom this section applies is remitted under subsection 137‑5(4).
Note 2: A decision that this section does not apply to a person is reviewable under Part 5‑7.
(2) If the provider determines that this section applies to a person, 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 his or her *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.
(3) Subsection (2) does not apply to the provider if:
(a) the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *tuition assurance requirements; or
(b) it is determined that section 36‑24A applies to the person.
(4) The Higher Education Provider Guidelines may, in setting out the *tuition assurance requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:
(a) the amount (if any) that is to be paid to the person; and
(b) the amount (if any) that is to be paid to the Commonwealth; and
(c) the person (if any) who is to pay the amounts.
(5) If a determination made under subsection (1) is made in writing, the determination is not a legislative instrument.
36‑21 Special circumstances
(1) For the purposes of paragraph 36‑20(1)(d), special circumstances apply to the person if and only if the higher education provider 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; 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 Administration 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).
36‑22 Application period
(1) For the purposes of subparagraph 36‑20(1)(f)(i), if:
(a) the person has withdrawn his or her enrolment in the unit of study; 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.
36‑23 Dealing with applications
(1) If:
(a) the application under paragraph 36‑20(1)(e) is made before the end of the application period under section 36‑22; 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.
36‑24A Providers to repay amounts—provider ceases to provide course
(1) A higher education provider must, on the *Secretary’s behalf, determine that this section applies to a person if:
(a) the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and
(b) the unit would, if completed, form part of a *course of study undertaken with the provider; and
(c) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and
(d) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and
(e) the person chose the option designated under the tuition assurance requirements as student contribution/tuition fee repayment in relation to the unit.
Note: A HECS‑HELP debt of a person to whom this section applies is remitted under subsection 137‑5(4).
(2) 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 his or her *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.
(3) If a determination made under subsection (1) is made in writing, the determination is not a legislative instrument.
36‑24B Providers to repay amounts—no tax file numbers
(1) This section applies to a person if a higher education provider cancels the person’s enrolment in a unit of study under subsection 193‑5(1).
Note: A HECS‑HELP debt of a person to whom this section applies is remitted under subsection 137‑5(4).
(2) 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 his or her *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.
36‑24C Secretary may act if provider is unable to
If a higher education provider is unable to act for one or more of the purposes of subsection 36‑20(1), section 36‑21, 36‑22 or 36‑23 or subsection 36‑24A(1), the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.
Subdivision 36‑C—Conditions relating to enrolment
36‑25 Continued support for Commonwealth supported students
(1) 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 being undertaken with the provider, 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, undertaken with the provider, as part of the course; and
(b) the provider is not prohibited, under section 36‑10 or section 36‑15, or both, from so advising the person.
(2) A *Table A provider (the host provider) must advise a person who is enrolled in a unit of study with the provider, as part of a *course of study being undertaken with another Table A provider (the home provider), 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 undertaken with the home provider; and
(b) the person must undertake the unit, because it is required to complete the course; and
(c) the host provider is not prohibited, under section 36‑10 or section 36‑15, or both, from so advising the person.
(3) If a higher education provider has, under subparagraph 36‑5(1)(a)(ii), advised a person that he or she is a Commonwealth supported student in relation to a *course of study with the provider, then the higher education provider is taken to have advised the person that he or she is a Commonwealth supported student in relation to each unit of study undertaken with the provider, as part of that course.
36‑30 Providers to enrol persons as Commonwealth supported students
Table A providers
(1) If:
(a) a person is to be enrolled with a *Table A provider in a unit of study; and
(aa) the unit to be undertaken with the provider forms part of an *undergraduate course of study; and
(b) the provider is not prohibited, under section 36‑10 or section 36‑15, or both, 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 in respect of a person’s enrolment with a *Table A provider in a unit of study that forms part of an *undergraduate course of study if:
(a) the person commences the undergraduate course of study with the provider before 1 January 2009; or
(b) both:
(i) the person transfers to the undergraduate course of study with the provider on or after 1 January 2009 from another undergraduate course of study in which the person was enrolled with the provider before 1 January 2009; and
(ii) the person had not completed that other undergraduate course of study; or
(c) all of the following apply:
(i) the person was offered, and accepted, a place (other than a Commonwealth supported place) in the undergraduate course of study with the provider before 1 January 2009;
(ii) the undergraduate course of study was to commence before 1 January 2009;
(iii) with the provider’s approval, the person commences the course of study after that time; or
(d) at the time the person commences the undergraduate course of study with the provider, the person is an *overseas student.
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, 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 (4)(b)
(5) A notice under paragraph (4)(b):
(a) must be in writing; and
(b) must be given on or before the *census date for the unit.
36‑40 Providers to cancel enrolments in certain circumstances
(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, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study; 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 person’s *student contribution amount for the unit.
However, this subsection does not apply if the person’s student contribution amount for the unit is a nil amount.
(3) A request for Commonwealth assistance, in relation to a person enrolling in a unit of study with a higher education provider (where access to the unit was not provided by *Open Universities Australia), means a document:
(a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit or, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study; and
(b) that is in the form approved by the Minister.
Subdivision 36‑D—Conditions relating to student contribution amounts
36‑45 Limits on student contribution amounts
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, as the person’s *student contribution amount for the unit, an amount that exceeds the amount worked out as follows:
Subdivision 36‑E—Conditions relating to tuition fees
36‑55 Tuition fees for non‑Commonwealth supported students
Tuition fees for units of study
(1) A higher education provider must not determine, as a person’s *tuition fee for a unit of study, an amount that is less than:
(a) if paragraph (b) does not apply—the highest *student contribution amount that the provider would charge any person who is a *Commonwealth supported student in relation to the unit; or
(b) such other higher amount as is specified in the Tuition Fee Guidelines.
(2) Subsection (1) does not apply if the person is enrolled in an *employer reserved place. However, the provider must not charge, as the person’s *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 Tuition Fee Guidelines for the purposes of paragraph (1)(b).
(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 the person’s *fees for the study, amounts that in total are less than the highest amount that the provider would charge any person:
(c) who may enrol in the study as a unit of study; and
(d) who is a *Commonwealth supported student in relation to the unit.
Subdivision 36‑F—Other conditions
36‑60 Providers to meet the quality and accountability requirements
A higher education provider must meet the *quality and accountability requirements.
36‑65 Providers to comply with funding agreement
A higher education provider must comply with any funding agreement the provider enters into under section 30‑25.
36‑70 Providers to comply with the Commonwealth Grant Scheme Guidelines
(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 a period that includes that year.
Part 2‑2A—Indigenous student assistance grants
Division 38—Indigenous student assistance grants
38‑1 What this Part is about
Grants for assisting Indigenous students are payable under this Part to Table A providers and Table B providers.
Note: This Part does not apply to Table C providers: see section 5‑1.
38‑5 Indigenous Student Assistance Grants Guidelines
Grants under this Part are also dealt with in the Indigenous Student Assistance Grants Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.
Note: The Indigenous Student Assistance Grants Guidelines are made by the Minister under section 238‑10.
38‑10 Eligibility for grants under this Part
(1) A *Table A provider or *Table B provider is, subject to subsection (3), eligible for grants under this Part, in respect of the year 2017 or a later year, for the following purposes:
(a) assisting Indigenous students to undertake higher education;
(b) increasing the number of Indigenous students enrolling in, progressing in and completing courses leading to *higher education awards.
(2) Without limiting subsection (1), the purposes mentioned in that subsection may be achieved through the following means:
(a) providing scholarships;
(b) providing academic support, including supplementary tuition;
(c) providing pastoral care;
(d) implementing strategies to:
(i) accelerate improvements to Indigenous student outcomes in higher education; or
(ii) foster culturally‑safe learning environments in higher education.
(3) If the Indigenous Student Assistance Grants Guidelines:
(a) provide for a grant; and
(b) specify extra conditions of eligibility to receive the grant;
then a *Table A provider or *Table B provider is not eligible for the grant unless the provider complies with those extra conditions.
38‑15 Guidelines may provide for grants
(1) The Indigenous Student Assistance Grants Guidelines may provide for one or more grants to *Table A providers and *Table B providers for purposes specified in subsection 38‑10(1).
(2) If the Indigenous Student Assistance Grants Guidelines provide for one or more grants of a particular type, the guidelines may also specify all or any of the following matters for the grants:
(a) the grants’ objectives;
(b) the extra conditions of eligibility to receive the grants;
(c) the amount, being part of the amount referred to in section 38‑45 for a year, that will be spent on grants of that type 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 amounts of the grants, or the methods by which the amounts of the grants will be determined;
(f) the year or years in respect of which the grants are payable;
(g) the conditions that apply to the grants.
38‑20 Approval of grants
The Minister may, by notifiable instrument, approve a grant under this Part in respect of a year to a particular higher education provider that is eligible for such a grant.
38‑25 Conditions on grants
(1) A grant is made on the following conditions:
(a) if the grant is provided for by the Indigenous Student Assistance Grants Guidelines and the guidelines specify conditions that apply to the grant:
(i) on the conditions provided for in the guidelines; and
(ii) also on the condition that the higher education provider receiving the grant must meet the *quality and accountability requirements;
(b) if paragraph (a) does not apply:
(i) on such conditions (if any) as the Minister determines under subsection (2); and
(ii) also on the condition that the higher education provider receiving the grant must meet the quality and accountability requirements.
(2) For the purposes of subparagraph (1)(b)(i), the Minister may, by notifiable instrument, determine conditions that apply to one or more grants that a particular higher education provider receives.
38‑30 Amounts of grants
(1) The amount of a grant is:
(a) if:
(i) the grant is provided for by the Indigenous Student Assistance Grants Guidelines; and
(ii) the guidelines specify the amount of the grant, or a method by which the amount of the grant is to be determined;
the specified amount, or the amount determined by the specified method; or
(b) if paragraph (a) does not apply—the amount determined by the Minister under subsection (2).
(2) For the purposes of paragraph (1)(b), the Minister may, by notifiable instrument, determine the amounts of one or more grants that a particular higher education provider receives.
38‑35 Amounts payable under this Part
If:
(a) a higher education provider meets, in respect of a year, the requirements of the Indigenous Student Assistance Grants Guidelines for the purposes of section 38‑15 in relation to a grant; or
(b) the Minister approves, under section 38‑20, a grant to a higher education provider in respect of a year;
there is payable to the provider concerned, in respect of that year, an amount equal to the amount referred to in section 38‑30 in respect of that grant.
38‑40 Rollover of grant amounts
(1) If:
(a) a higher education provider 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 under subsection (3) that this section is to apply to the provider in respect of that grant;
then so much of the unspent amount as the Secretary determines under that subsection is taken to be granted to the provider under this Part in respect of the next following year.
(2) 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 the Secretary determines under subsection (4).
(3) For the purposes of subsection (1), the Secretary may, by notifiable instrument, determine:
(a) that this section is to apply to a particular higher education provider in respect of one or more grants; and
(b) for each grant, an amount of the unspent amount of the grant.
(4) For the purposes of paragraph (2)(b), the Secretary may, by notifiable instrument, determine conditions that apply to one or more grants made to a particular higher education provider.
38‑45 Maximum payments for grants under this Part
(1) The total payments made under this Part in respect of a year must not exceed the amount determined by the Minister under subsection (2) in respect of the year.
(2) The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year.
Note: A single instrument may determine amounts for multiple years.
(3) A determination under subsection (2) for a year must be made before the start of that year.
(4) The Minister may, by legislative instrument, at any time before the end of a year, vary a determination made under subsection (2) for the year.
Part 2‑3—Other grants
Division 41—Other grants
41‑1 What this Part is about
Grants under this Part are payable to higher education providers and other eligible bodies for a variety of purposes.
Note: This Part does not apply to Table C providers: see section 5‑1.
41‑5 The Other Grants Guidelines
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.
41‑10 Eligibility for grants under this Part
(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 |
| 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 and *Table B providers |
| 6 | Grants to assist with 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 |
| 9A | Grants to support diversity and structural reform | *Table A providers, *Table B providers that are universities, and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item |
| 9B | Grants to support structural adjustment | *Table A providers and *Table B providers that are universities |
| 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 |
| 12 | Grants to assist higher education providers with the transitional costs of changes to maximum student contribution amounts | Higher education providers that have provided Commonwealth‑supported places for any year |
(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.
41‑15 Grants may be paid under programs
(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.
41‑20 Approval of grants
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.
41‑25 Conditions on grants
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.
41‑30 Amount of a grant
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.
41‑35 Amounts payable under this Part
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.
41‑40 Rollover of grant amounts
(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.
41‑45 Maximum payments for other grants under this Part
(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 | $1,539,636,000 |
| 2 | 2006 | $1,716,942,000 |
| 3 | 2007 | $1,768,622,000 |
| 4 | 2008 | $1,912,350,000 |
| 5 | 2009 | $1,883,928,000 |
| 6 | 2010 | $1,874,910,000 |
| 7 | 2011 | $2,032,393,000 |
| 8 | 2012 | $2,114,960,000 |
| 9 | 2013 | (a) if paragraph (b) does not apply—$2,274,359,000; or (b) if the Minister determines an amount under subsection (1A) in respect of 2013—that amount |
| 10 | 2014 | (a) if paragraph (b) does not apply—$2,225,794,000; or (b) if the Minister determines an amount under subsection (1A) in respect of 2014—that amount |
| 11 | 2015 | (a) if paragraph (b) does not apply—$2,231,354,000; or (b) if the Minister determines an amount under subsection (1A) in respect of 2015—that amount |
| 12 | 2016 | (a) if paragraph (b) does not apply—$2,219,169,000; or (b) if the Minister determines an amount under subsection (1A) in respect of 2016—that amount |
| 13 | 2017 and each later year | The amount determined by the Minister under subsection (1B) in respect of that year |
(1A) The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2013 but before 1 January 2017.
(1B) The Minister must, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2017.
(1C) A determination under subsection (1B) for a year must be made before the start of that year.
(1D) The Minister may, in writing, vary a determination under subsection (1A) or (1B) for a year at any time before the end of that year.
(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.
41‑50 List of maximum grant amounts
(1) Before the start of a year, the Minister must, by legislative instrument, cause a list to be prepared setting out the maximum amounts of all grants which may be paid in the following year for each purpose of grant specified in the table in section 41‑10.
(2) The Minister may, in writing, vary a list for a year at any time before the end of that year.
41‑95 Alternative constitutional bases
(1) In addition to the effect that it has apart from this section, this Part has the effect it would have if each reference in this Part to a grant were expressly confined to a grant:
(a) to a corporation to which paragraph 51(xx) of the Constitution applies for the purposes of carrying out the corporation’s activities; or
(b) for one or more of the following purposes (as well as for a purpose described in section 41‑10):
(i) a purpose related to trade or commerce with another country, among the States, between a State and a Territory, between 2 Territories or within a Territory;
(ii) a purpose involving the use of postal, telegraphic, telephonic, and other like services;
(iii) a purpose relating to astronomical or meteorological observations;
(iv) a purpose relating to census or statistics;
(v) a purpose relating to aliens;
(vi) a purpose relating to old‑age pensions;
(vii) a purpose relating to the provision of benefits to students or sickness benefits;
(viii) a purpose relating to Aboriginal or Torres Strait Islander people;
(ix) a purpose relating to external affairs;
(x) a purpose relating to the executive power of the Commonwealth;
(xi) a purpose relating to a matter that is peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or
(c) in or in relation to a Territory.
(2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.
Part 2‑4—Commonwealth scholarships
Division 46—Commonwealth scholarships
46‑1 What this Part is about
Grants for scholarships are made to higher education providers who pay the scholarships to students for the purposes of the students’ education.
Certain scholarships may be paid directly to students.
Note: This Part does not apply to Table C providers: see section 5‑1.
46‑5 The Commonwealth Scholarships Guidelines
*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.
46‑10 Classes of Commonwealth scholarships
There are 3 classes of *Commonwealth scholarships:
(a) directly‑paid standard scholarships; and
(aa) indirectly‑paid standard scholarships; and
(b) postgraduate research scholarships.
Note: The Commonwealth Scholarships Guidelines set out the kinds of scholarships in each class.
46‑13 Eligibility of students to receive directly‑paid standard Commonwealth scholarships
If:
(a) the Commonwealth Scholarships Guidelines provide for a particular kind of directly‑paid standard *Commonwealth scholarship; and
(b) those guidelines set out eligibility requirements for that kind of scholarship; and
(c) a student of:
(i) a *Table A provider; or
(ii) a higher education provider to which subparagraph 30‑1(1)(b)(i) applies;
satisfies those eligibility requirements; and
(d) the student is selected by the provider to receive that kind of scholarship; and
(e) the selection is in accordance with a selection policy maintained by that provider; and
(f) the selection policy complies with the requirements set out in the Commonwealth Scholarships Guidelines;
the student is entitled to receive from the Commonwealth that kind of directly‑paid standard Commonwealth scholarship.
46‑15 Eligibility of higher education providers to receive grants for certain Commonwealth scholarships
(1) *Table A providers, and higher education providers to which subparagraph 30‑1(1)(b)(i) applies, are eligible to receive a grant from the Commonwealth to pay, as a benefit to students, indirectly‑paid 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.
(3) A provider that is eligible to receive a grant under subsection (1) or (2) is an eligible scholarship provider.
46‑20 Other matters relating to Commonwealth scholarships
(1) The Commonwealth Scholarships Guidelines may provide for *Commonwealth scholarships.
Directly‑paid standard Commonwealth scholarships
(1A) Without limiting subsection (1), the Commonwealth Scholarships Guidelines may provide for the following matters in relation to directly‑paid standard *Commonwealth scholarships:
(a) the kinds of scholarships that are to be directly‑paid standard Commonwealth scholarships;
(b) the eligibility requirements for each kind of scholarship;
(c) how the amounts of scholarships are to be determined;
(d) the indexation of amounts of scholarships, using the method of indexation set out in Part 5‑6;
(e) how scholarships are to be paid;
(f) the conditions that apply to a particular kind of scholarship;
(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) the maximum number of students that a particular higher education provider can select to receive a particular kind of scholarship for a particular year;
(j) requirements to be complied with by selection policies maintained by higher education providers;
(k) information that higher education providers are to give the Minister.
Other Commonwealth scholarships
(2) Without limiting subsection (1), the Commonwealth Scholarships Guidelines may provide for the following matters in relation to indirectly‑paid standard *Commonwealth scholarships and postgraduate research Commonwealth scholarships:
(a) the kinds of scholarships that are to be indirectly‑paid standard Commonwealth scholarships;
(b) the kinds of scholarships that are to be postgraduate research Commonwealth scholarships;
(c) which students are eligible for each kind of scholarship;
(e) the conditions that apply to each kind of scholarship;
(f) how the amounts of grants to an *eligible scholarship 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;
(m) information that providers are to give the Minister, the *Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997);
(n) information that providers are to give to:
(i) the Repatriation Commission; or
(ii) the Military Rehabilitation and Compensation Commission; or
(iii) the Secretary, or an employee, of the Department administered by the Minister who administers the Veterans’ Entitlements Act 1986; or
(iv) the Secretary, or an employee, of the Department administered by the Minister who administers the Military Rehabilitation and Compensation Act 2004.
46‑25 Condition of grants
It is a condition of a grant to a higher education provider under this Part that the higher education provider to whom the grant is payable must meet the *quality and accountability requirements.
46‑30 Amounts payable under this Part
The amount that is payable under this Part to an *eligible scholarship provider is the amount worked out in accordance with the Commonwealth Scholarships Guidelines.
46‑35 Rollover of grant amounts
(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.
46‑40 Maximum payments for Commonwealth scholarships
(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 Commonwealth Scholarships |
| Item | Year | Amount |
| 1 | 2004 | $124,212,000 |
| 2 | 2005 | $151,452,000 |
| 3 | 2006 | $179,733,000 |
| 4 | 2007 | $209,569,000 |
| 5 | 2008 | $239,305,000 |
| 6 | 2009 | $290,104,000 |
| 7 | 2010 | $304,553,000 |
| 8 | 2011 | $316,212,000 |
| 9 | 2012 | $319,056,000 |
| 10 | 2013 | (a) if paragraph (b) does not apply—$300,217,000; or (b) if the Minister determines an amount under subsection (2) in respect of 2013—that amount |
| 11 | 2014 | (a) if paragraph (b) does not apply—$305,166,000; or (b) if the Minister determines an amount under subsection (2) in respect of 2014—that amount |
| 12 | 2015 | (a) if paragraph (b) does not apply—$307,456,000; or (b) if the Minister determines an amount under subsection (2) in respect of 2015—that amount |
| 13 | 2016 | (a) if paragraph (b) does not apply—$307,329,000; or (b) if the Minister determines an amount under subsection (2) in respect of 2016—that amount |
| 14 | 2017 and each later year | The amount determined by the Minister under subsection (3) in respect of that year |
(2) The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2013 but before 1 January 2017.
(3) The Minister must, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2017.
(4) A determination under subsection (3) for a year must be made before the start of that year.
(5) The Minister may, in writing, vary a determination under subsection (2) or (3) for a year at any time before the end of that year.
Part 2‑5—Reduction and repayment of grants
Division 51—Introduction
51‑1 What this Part is about
Bodies may have their grants reduced, or be required to repay a grant, for breaches of conditions of grants under Part 2‑2, 2‑2A, 2‑3 or 2‑4.
Note: This Part does not apply to Table C providers: see section 5‑1.
51‑5 The Reduction and Repayment Guidelines
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.
Division 54—In what circumstances may a grant be reduced or required to be repaid?
54‑1 Decision as to reduction or repayment of a grant
(1) The Minister may determine:
(a) that an amount of a grant made, or to be made, to a body under Part 2‑2, 2‑2A, 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, 2‑2A, 2‑3 or 2‑4 is to be repaid to the Commonwealth.
(2) The Minister 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, 2‑2A, 2‑3 or 2‑4, whether or not that grant is the grant to be reduced or repaid; and
(b) the Minister is satisfied that it is appropriate to take that action (see section 54‑5); and
(c) the Minister complies with the requirements of Division 60.
54‑5 Appropriateness of requiring reduction or repayment of grant
Without limiting the matters that the Minister may consider in deciding whether it is appropriate under subsection 54‑1(1) to take particular action, the Minister 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;
(ba) if the breach is a breach of a condition imposed under section 19‑37—the amount of any adjustment under section 33‑37 in relation to that breach, or any other breach by the body, during the same year;
(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.
Division 57—What is the amount of a reduction or repayment?
57‑1 Reduction in amount of grants
(1) If an amount of a grant is to be reduced under this Part, it must be reduced by an amount determined by the Minister in writing.
(2) The Reduction and Repayment Guidelines may set out requirements about how such an amount is to be determined. The Minister must make his or her determination in accordance with any such requirements.
57‑5 Amount of the repayment
(1) If an amount of a grant is to be repaid under this Part, the amount to be repaid is the amount that the Minister 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 Minister 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.
Division 60—How are decisions reducing a grant or requiring repayment of a grant made?
60‑1 Procedure prior to decision
(1) Before making a decision under paragraph 54‑1(a) or (b) in respect of a body, the Minister must give to the body notice in writing:
(a) stating that the Minister 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 Minister is considering taking that action; and
(c) inviting the body to make written submissions to the Minister 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 Minister must consider any submissions received from the body within the 28 day period.
60‑5 Notification of decision
(1) The Minister 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 Minister under subsection 60‑1(1).
(2) If no notice is given within the period provided for in paragraph (1)(c), the Minister is taken to have decided not to take the action.
60‑10 When a decision takes effect
If the Minister’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).
Chapter 3—Assistance to students
Division 65—Introduction
65‑1 What this Chapter is about
This Chapter provides for 4 kinds of assistance that the Commonwealth provides to students.
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 4 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 overseas (see Part 3‑4);
• SA‑HELP assistance—assistance to a student on whom a student services and amenities fee is imposed (see Part 3‑5).
The Commonwealth pays the assistance to the relevant higher education provider either (in the case of HECS‑HELP assistance, FEE‑HELP assistance and SA‑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.
Part 3‑2—HECS‑HELP assistance
Division 87—Introduction
87‑1 What this Part is about
A student may be entitled to HECS‑HELP assistance for units of study for which he or she is Commonwealth supported, if certain requirements are met.
The amount of assistance to which the student may be entitled is based on his or her student contribution amounts for the units, less any up‑front payments. The assistance is paid to a higher education provider to discharge the student’s liability to pay his or her student contribution amounts.
Note 1: Amounts of assistance under this Part may form part of a person’s HELP debts that the Commonwealth recovers under Part 4‑2.
Note 2: This Part does not apply to Table C providers: see section 5‑1.
87‑5 The HECS‑HELP Guidelines
*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.
Division 90—Who is entitled to HECS‑HELP assistance?
90‑1 Entitlement to HECS‑HELP assistance
Subject to section 90‑10, 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:
(aa) the course of study is an *accredited course in relation to the provider; and
(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
(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 *meets the tax file number requirements (see section 187‑1); and
(g) the student has, on or before the census date, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is undertaken with the provider, in relation to the course of study.
90‑5 Citizenship or residency requirements
(1) A student meets the citizenship or residency requirements under this section in relation to a unit of study if the student is:
(a) an Australian citizen; or
(b) a *permanent humanitarian visa holder 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.
(2A) A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:
(a) is a New Zealand citizen; and
(b) holds a special category visa under the Migration Act 1958; and
(c) both:
(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (2B) (the test day); and
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(2B) For the purposes of subsection (2A), the day is the earlier of:
(a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study—the day the student first made such a request; or
(b) otherwise—the day the student made the request for Commonwealth assistance in relation to the unit.
(3) Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the student will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part.
90‑10 Students not entitled to HECS‑HELP assistance
A student is not entitled to *HECS‑HELP assistance for a unit of study if:
(a) the unit forms a part of a *course of study; and
(b) the course of study is, or is to be, undertaken by the student primarily at an overseas campus.
Division 93—How are amounts of HECS‑HELP assistance worked out?
93‑1 The amount of HECS‑HELP assistance for a unit of study
The amount of *HECS‑HELP assistance to which a student is entitled for a unit of study is the difference between:
(a) his or her *student contribution amount for the unit; and
(b) the sum of any *up‑front payments made in relation to the unit.
93‑5 Student contribution amounts
(1) A person’s student contribution amount for a unit of study is the amount worked out as follows:
where the person’s student contribution amount for a place in the unit is:
(a) if only one student contribution amount has been determined for places in the unit under subsection 19‑87(2)—that student contribution amount; or
(b) if more than one student contribution amount has been determined for places in the unit under that subsection—the student contribution amount determined under that subsection that applies to the person.
(2) A person’s *student contribution amount for a place in a unit must not exceed the *maximum student contribution amount for a place in the unit.
(3) A person’s student contribution amount for a unit of study is nil if the person undertakes the unit 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.
93‑10 Maximum student contribution amounts for places
(1) The maximum student contribution amount for a place in a unit of study is the amount specified in the following table in relation to the funding cluster in which the unit is included.
| Maximum student contribution amounts for places |
| Item | Column 1
For a place in a unit in this funding cluster: | Column 2
The maximum student contribution is: |
| 1 | Law, Accounting, Administration, Economics, Commerce | $8,859 |
| 2 | Humanities | $5,310 |
| 3 | Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health | (a) for a place in a unit in Mathematics, Statistics, Computing, Built Environment or Other Health—$7,567; or (b) for a place in a unit in Behavioural Science or Social Studies—$5,310. |
| 4 | Education | $5,310 |
| 5 | Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts | (a) for a place in a unit in Clinical Psychology, Foreign Languages or Visual and Performing Arts—$5,310; or (b) for a place in a unit in Allied Health—$7,567. |
| 6 | Nursing | $5,310 |
| 7 | Engineering, Science, Surveying | for a place in a unit in Engineering, Science or Surveying—$7,567. |
| 8 | Dentistry, Medicine, Veterinary Science, Agriculture | (a) for a place in a unit in Dentistry, Medicine or Veterinary Science—$8,859; or (b) for a place in a unit in Agriculture—$7,567. |
Note 1: Commonwealth Grant Scheme Guidelines made for the purposes of section 33‑35 and this section deal with the funding clusters in which particular units of study are included and whether particular units are units in a particular part of a funding cluster.
Note 2: Maximum student contribution amounts for places are indexed under Part 5‑6.
(2) The Commonwealth Grant Scheme Guidelines may specify, for the purposes of column 2 of the table in subsection (1):
(a) how to determine whether a particular unit is a unit in a particular part of a *funding cluster; or
(b) that a particular unit is in a particular part of a funding cluster.
93‑15 Up‑front payments
(1) An up‑front payment, in relation to a unit of study for which a person is liable to pay his or her *student contribution amount, is a payment of all or part of the student’s 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.
Division 96—How are amounts of HECS‑HELP assistance paid?
Note: Part 5‑1 deals generally with payments by the Commonwealth under this Act.
96‑1 Payments to higher education providers
If a student is entitled to an amount of *HECS‑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 HECS‑HELP assistance; and
(b) pay to the provider the amount lent in discharge of the student’s liability to pay his or her *student contribution amount for the unit.
Part 3‑3—FEE‑HELP assistance
Division 101—Introduction
101‑1 What this Part is about
A student may be entitled to FEE‑HELP assistance for units of study for which he or she is not Commonwealth supported, if certain requirements are met.
The amount of assistance to which the student may be entitled is based on his or her tuition fees for the units, but there is a limit on the total amount of assistance that the student can receive. The assistance is paid to a higher education provider or, if the student accesses units through Open Universities Australia, that body, to discharge the student’s liability to pay his or her 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.
101‑5 The FEE‑HELP Guidelines
*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.
Division 104—Who is entitled to FEE‑HELP assistance?
Subdivision 104‑A—Basic rules
104‑1 Entitlement to FEE‑HELP assistance
(1) Subject to this section and sections 104‑2, 104‑3 and 104‑4, 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 Universities 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:
(i) if access to the unit was provided by Open Universities Australia—completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; or
(ii) in any other case—completed, signed and given to an appropriate officer of the higher education provider a request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is, or is to be, undertaken with the provider, in relation to the course of study.
(2) A student is not entitled to *FEE‑HELP assistance for a unit of study if:
(a) the unit forms a part of a *course of study; and
(b) the course of study is, or is to be, undertaken by the student primarily at an overseas campus.
104‑2 Failure by a student to complete previous units accessed through Open Universities Australia
A student is not entitled to *FEE‑HELP assistance for a unit of study access to which is provided by *Open Universities Australia if:
(a) the student has already undertaken 8 or more other units of study, access to which was provided by Open Universities Australia; and
(b) the student did not successfully complete at least 50% of those other units.
104‑3 Failure by Open Universities Australia to comply with FEE‑HELP Guidelines etc.
(1) The Minister may determine, by legislative instrument, that there is to be no entitlement to *FEE‑HELP assistance for a specified year for units of study to which access is provided by *Open Universities Australia, if the Minister is satisfied that Open Universities Australia has, during the 2 years immediately preceding the specified year, failed to comply with the FEE‑HELP Guidelines or with subsection (5).
(2) Without limiting the generality of what may be included in the FEE‑HELP Guidelines, they may include any or all of the following:
(a) requirements relating to the financial viability of *Open Universities Australia;
(b) requirements relating to the quality of tuition accessed through Open Universities Australia;
(c) requirements relating to fairness in the treatment of persons accessing, or seeking to access, tuition through Open Universities Australia;
(d) requirements relating to compliance with this Act, the regulations and other Guidelines made under this Act;
(e) requirements relating to *tuition fees for units of study accessed through Open Universities Australia;
(f) requirements relating to the provision of information to the Commonwealth by Open Universities Australia that is relevant in any way to the provision of *FEE‑HELP assistance to students accessing units of study through Open Universities Australia, or the repayment of the *HELP debts of those students;
(g) administrative requirements of the kinds imposed on higher education providers under Parts 5.2 and 5.3 of this Act.
(3) A student is not entitled to *FEE‑HELP assistance for a unit of study if:
(a) access to the unit is provided by *Open Universities Australia; and
(b) the Minister has made a determination under subsection (1) in relation to the year during which the unit is accessed; and
(c) the determination was made before 1 July in the year immediately preceding that year.
(5) *Open Universities Australia must comply with section 19‑37 as if it were a higher education provider.
104‑4 Failure by Open Universities Australia to set tuition fees and census date
(1) This section applies to a unit of study access to which is provided by *Open Universities Australia during a period ascertained in accordance with the FEE‑HELP Guidelines.
(2) *Open Universities Australia must determine, for the unit, one or more *fees that are to apply to students to whom Open Universities Australia provides access to the unit during the period.
(2AA) In determining more than one *fee under subsection (2), *Open Universities Australia may have regard to any matters Open Universities Australia considers appropriate, other than matters specified in the FEE‑HELP Guidelines as matters to which Open Universities Australia must not have regard.
(2A) *Open Universities Australia must not vary a *fee unless Open Universities Australia:
(a) does so:
(i) before the date ascertained in accordance with the FEE‑HELP Guidelines; and
(ii) in circumstances specified in the FEE‑HELP Guidelines; or
(b) does so with the written approval of the Minister.
(3) A fee includes any tuition, examination or other fee payable to *Open Universities Australia by those students in relation to the unit.
(4) A fee does not include a fee:
(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.
Census date
(5) *Open Universities Australia must set a particular date to be the *census date for the unit for the period.
(5A) *Open Universities Australia must not vary a *census date unless Open Universities Australia:
(a) does so:
(i) before the date ascertained in accordance with the FEE‑HELP Guidelines; and
(ii) in circumstances specified in the FEE‑HELP Guidelines; or
(b) does so with the written approval of the Minister.
Consequence of failure to set tuition fees and census date
(6) If *Open Universities Australia does not:
(a) determine a *fee in accordance with subsection (2) for the unit for the period; or
(b) determine a *census date in accordance with subsection (5) for the unit for the period;
no student to whom Open Universities Australia provides access to the unit for that period is entitled to *FEE‑HELP assistance for the unit.
104‑5 Citizenship or residency requirements
(1) A student meets the citizenship or residency requirements under this section in relation to a unit of study if the student is:
(a) an Australian citizen; or
(b) a *permanent humanitarian visa holder 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.
(2A) A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:
(a) is a New Zealand citizen; and
(b) holds a special category visa under the Migration Act 1958; and
(c) both:
(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (2B) (the test day); and
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(2B) For the purposes of subsection (2A), the day is the earlier of:
(a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study—the day the student first made such a request; or
(b) otherwise—the day the student made the request for Commonwealth assistance in relation to the unit.
(3) Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the student will not undertake in Australia any units of study contributing to the *course of study, or the *bridging course for overseas‑trained professionals, of which the unit forms a part.
(4) Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study to which access was provided by *Open Universities Australia if the student was not resident in Australia on the day the student gave the *request for Commonwealth assistance in relation to the unit as referred to in subparagraph 104‑1(1)(i)(i).
104‑10 Course requirements
(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:
(i) the course of study is an *accredited course in relation to the provider; or
(ii) if the provider is a *self‑accrediting entity—the course of study is an *enabling course.
(2) The Minister may, by legislative instrument, determine 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.
(3) In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course or courses.
(4) A determination of the Minister under subsection (2) must not be made later than 6 months before the day that students are able next to commence the specified course, or courses, with the provider.
Subdivision 104‑B—FEE‑HELP balances
104‑15 A person’s FEE‑HELP balance
(1) A person’s FEE‑HELP balance at a particular time is:
(a) if the *FEE‑HELP limit in relation to the person at the time exceeds the sum of all of the amounts of *FEE‑HELP assistance, *VET FEE‑HELP assistance and *VET student loans that have previously been payable to the person, being that sum as reduced by any amounts previously re‑credited under this Subdivision, Subdivision 7‑B of Schedule 1A or Part 6 of the VET Student Loans Act 2016—that excess; and
(b) otherwise—zero.
Note: If an amount is to be re‑credited to a FEE‑HELP balance, the balance that is to be re‑credited is worked out immediately before that re‑crediting. The balance is worked out after the re‑crediting by taking account of the amount re‑credited. If a person’s FEE‑HELP limit has been reduced, the balance might not increase, or might not increase by the same amount as the amount re‑credited.
(2) To avoid doubt, the sum referred to in paragraph (1)(a) includes amounts of *FEE‑HELP assistance, *VET FEE‑HELP assistance and *VET student loans that have been repaid.
104‑20 The FEE‑HELP limit
The FEE‑HELP limit is:
(a) $80,000; or
(b) in relation to a person who is enrolled in a *course of study in medicine, a *course of study in dentistry or a *course of study in veterinary science, while the person is enrolled in that course—$100,000.
Note: The FEE‑HELP limit is indexed under Part 5‑6.
104‑25 Main case of re‑crediting a person’s FEE‑HELP balance
(1A) If section 104‑42 applies to re‑credit a person’s *FEE‑HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.
(1) 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
(aa) access to the unit was not provided by *Open Universities Australia; 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.
(2) *Open Universities Australia 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 has received for a unit of study if:
(a) access to the unit was provided by Open Universities Australia; 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) Open Universities Australia is satisfied that special circumstances apply to the person (see section 104‑30); and
(d) the person applies in writing to Open Universities Australia 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) Open Universities Australia 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.
(3) If the provider is unable to act for one or more of the purposes of subsection (1) or (2), or section 104‑30, 104‑35 or 104‑40, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.
104‑27 Re‑crediting a person’s FEE‑HELP balance—no tax file number
(1) 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) subsection 193‑10(1) applies to the person in relation to the unit.
(2) *Open Universities Australia 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 has received for a unit of study if subsection 193‑10(2) applies to the person in relation to the unit.
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.
(3) The *Secretary may re‑credit the person’s *FEE‑HELP balance under subsection (1) or (2) if the provider or *Open Universities Australia is unable to do so.
104‑30 Special circumstances
(1) For the purposes of paragraph 104‑25(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 in the period during which the person undertook, or was to undertake the unit.
(2) If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36‑21(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 36‑21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECS‑HELP) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.
(3) For the purposes of paragraph 104‑25(2)(c), special circumstances apply to the person if and only if *Open Universities Australia 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.
104‑35 Application period
(1) If:
(a) the person applying under 104‑25(1)(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.
(1A) If:
(a) the person applying under paragraph 104‑25(2)(d) for the re‑crediting of the person’s *FEE‑HELP balance in relation to a unit of study has withdrawn from the unit; and
(b) *Open Universities Australia 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 subsections (1) and (1A) do 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.
104‑40 Dealing with applications
(1) If:
(a) the application is made under paragraph 104‑25(1)(d) before the end of the relevant application period; 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.
(1A) If:
(a) the application is made under paragraph 104‑25(2)(d) before the end of the relevant application period; or
(b) *Open Universities Australia 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;
Open Universities Australia must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision of 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.
104‑42 Re‑crediting a person’s FEE‑HELP balance if provider ceases to provide course of which unit forms part
(1) 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 because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and
(c) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and
(d) the person chose the option designated under the tuition assurance requirements as student contribution/tuition fee repayment in relation to the unit.
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 subsection 137‑10(4).
(2) The *Secretary may re‑credit the person’s *FEE‑HELP balance under subsection (1) if the provider is unable to do so.
Subdivision 104‑C—Bridging courses for overseas‑trained professionals
104‑45 Meaning of bridging course for overseas‑trained professionals
Courses consisting of subjects or units
(1) One or more subjects or units in which a person is enrolled with a higher education provider, or to which access is provided by *Open Universities Australia, 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:
(i) enrolling, or proposing to enrol, on a *non‑award basis, in those subjects or units with the provider; or
(ii) accessing, or proposing to access, those subjects or units through Open Universities Australia; and
(d) the total student load imposed on the person in relation to those subjects or units does not exceed the student load that, in the opinion of the provider or Open Universities Australia, represents the load imposed on a full‑time student for one year; 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, or to which access is provided by *Open Universities Australia, 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:
(i) enrolling, or proposing to enrol, on a *non‑award basis, in those occupation‑related courses of instruction with the provider; or
(ii) accessing, or proposing to access, those occupation‑related courses of instruction through Open Universities Australia; and
(d) the total student load imposed on the person in relation to those courses does not exceed the student load that, in the opinion of the provider or Open Universities Australia, represents the load imposed on a full‑time student for one year; 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, or to which access is provided by *Open Universities Australia, 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:
(i) enrolling, or proposing to enrol, on a *non‑award basis, in a tuition and training program with the provider; or
(ii) accessing, or proposing to access, a tuition and training program through Open Universities Australia; and
(d) the total student load imposed on the person in relation to that program does not exceed the student load that, in the opinion of the provider or Open Universities Australia, represents the load imposed on a full‑time student for one year; and
(e) that program relates to the assessment statement.
104‑50 Assessment statements
(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).
104‑55 Meaning of assessing body
(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.
104‑60 Meaning of listed professional occupations
(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.
104‑65 Occupation includes part of an occupation
(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.
104‑70 Requirements for entry to an occupation
(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.
Division 107—How are amounts of FEE‑HELP assistance worked out?
107‑1 The amount of FEE‑HELP assistance for a unit of study
The amount of *FEE‑HELP assistance to which a student is entitled for a unit of study is the difference between:
(a) the student’s *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.
107‑5 Up‑front payments
(1) An up‑front payment, in relation to a unit of study for which a student is liable to pay a *tuition fee, is a payment of all or part of the student’s 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.
107‑10 Amounts of FEE‑HELP assistance and VET FEE‑HELP assistance must not exceed the FEE‑HELP balance
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:
(i) unit of study, with the same census date, for which the student is entitled to FEE‑HELP assistance; or
(ii) *VET unit of study, with the same census date, for which the student is entitled to *