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This is a Bill, not an Act. For current law, see the Acts databases.
HIGHER EDUCATION SUPPORT AMENDMENT (DEMAND DRIVEN FUNDING SYSTEM AND OTHER MEASURES) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support Amendment
(Demand Driven Funding System and
Other Measures) Bill 2011
No. , 2011
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the Higher Education
Support Act 2003, and for related purposes
i Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to demand driven funding
system
3
Part 1--Amendments
3
Higher Education Support Act 2003
3
Part 2--Application, savings and transitional provisions
12
Schedule 2--Amendments relating to student learning
entitlement
13
Part 1--Amendments
13
Higher Education Support Act 2003
13
Part 2--Application, savings and transitional provisions
22
Schedule 3--Other amendments
24
Part 1--Amendments
24
Higher Education Support Act 2003
24
Part 2--Application, savings and transitional provisions
26
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 1
A Bill for an Act to amend the Higher Education
1
Support Act 2003, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Higher Education Support
5
Amendment (Demand Driven Funding System and Other
6
Measures) Act 2011.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day this Act receives the Royal Assent.
3. Schedule 2
1 January 2012.
1 January 2012
4. Schedule 3
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments relating to demand driven funding system Schedule 1
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 3
Schedule 1--Amendments relating to demand
1
driven funding system
2
Part 1--Amendments
3
Higher Education Support Act 2003
4
1 Section 8-1
5
Omit "Amounts of grants are based largely on the number of
6
Commonwealth supported places that the Minister allocates to each
7
provider.", substitute "These grants are paid in relation to
8
Commonwealth supported places.".
9
2 Section 27-1
10
Omit "Amounts of grants are based largely on the number of
11
Commonwealth supported places that the Minister allocates to each
12
provider.", substitute "These grants are paid in relation to
13
Commonwealth supported places.".
14
3 Paragraphs 30-1(1)(a), (b) and (c)
15
Repeal the paragraphs, substitute:
16
(a)
the
provider:
17
(i)
is
a
*
Table A provider; and
18
(ii) has entered into a funding agreement with the
19
Commonwealth under section 30-25 in respect of a
20
period that includes that year; or
21
(b) all of the following apply:
22
(i) the provider is a higher education provider specified in
23
the Commonwealth Grant Scheme Guidelines as a
24
higher education provider that can be paid grants under
25
this Part;
26
(ii) the Minister has allocated a
*
number of Commonwealth
27
supported places to the provider for that year under
28
section 30-10;
29
(iii) the provider has entered into a funding agreement with
30
the Commonwealth under section 30-25 in respect of a
31
period that includes that year.
32
Schedule 1 Amendments relating to demand driven funding system
Part 1 Amendments
4 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
4 Section 30-5
1
Repeal the section.
2
5 Subsection 30-10(1)
3
Repeal the subsection, substitute:
4
(1) Before the commencement of a year, the Minister may, for that
5
year, allocate a specified
*
number of Commonwealth supported
6
places to:
7
(a)
a
*
Table A provider in relation to
*
designated courses of
8
study; and
9
(b) a higher education provider referred to in subparagraph
10
30-1(1)(b)(i).
11
Note:
The Minister does not allocate places to Table A providers in relation
12
to non-designated courses of study.
13
6 Subsection 30-10(3)
14
Repeal the subsection.
15
7 At the end of section 30-10
16
Add:
17
(5) If the allocation made under subsection (1) is made in writing, the
18
allocation is not a legislative instrument.
19
8 After section 30-10
20
Insert:
21
30-12 Designated courses of study
22
(1) Each of the following are designated courses of study in relation to
23
a
*
Table A provider:
24
(a)
non-research
*
postgraduate courses of study;
25
(b)
*
courses of study in medicine;
26
(c) courses of study specified by the Minister under
27
subsection (2).
28
(2) The Minister may, by legislative instrument, specify
*
courses of
29
study for the purposes of paragraph (1)(c).
30
Amendments relating to demand driven funding system Schedule 1
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 5
9 Before paragraph 30-25(3)(a)
1
Insert:
2
(aa)
the
*
number of Commonwealth supported places allocated to
3
the provider under section 30-10 for the grant year; and
4
10 At the end of Subdivision 30-C
5
Add:
6
30-27 Funding agreement may specify maximum basic grant
7
amounts
8
(1) A funding agreement may:
9
(a) for a higher education provider that is a
*
Table A provider--
10
specify a maximum basic grant amount payable to the
11
provider for a grant year for:
12
(i)
*
designated courses of study; and
13
(ii)
*
non-designated courses of study; and
14
(b) for a higher education provider that is not a Table A
15
provider--specify a maximum basic grant amount payable
16
to the provider for a grant year.
17
Table A providers--maximum basic grant amounts for designated
18
courses of study
19
(2)
The
*
maximum basic grant amount for a
*
Table A provider for
20
*
designated courses of study must not be less than the amount
21
worked out under subsection 33-5(4) for the provider for the grant
22
year.
23
Table A providers--maximum basic grant amounts for
24
non-designated courses of study
25
(3)
The
*
maximum basic grant amount for a
*
Table A provider for
26
*
non-designated courses of study must not be less than:
27
(a) if a maximum basic grant amount was specified in the
28
provider's funding agreement for the preceding year for
29
non-designated courses of study--the amount that was so
30
specified; or
31
(b) if a maximum basic grant amount was not specified in the
32
provider's funding agreement for the preceding year for
33
Schedule 1 Amendments relating to demand driven funding system
Part 1 Amendments
6 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
non-designated courses of study--the amount worked out
1
under paragraph 33-5(5)(a) for the provider for the preceding
2
year.
3
Non-Table A providers--maximum basic grant amounts
4
(4)
The
*
maximum basic grant amount for a provider that is not a
5
*
Table A provider must not be less than the amount worked out
6
under subsection 33-5(8) for the provider for the grant year.
7
11 Paragraph 33-1(1)(b)
8
Repeal the paragraph.
9
12 Paragraph 33-1(1)(c)
10
Repeal the paragraph, substitute:
11
(b)
adding:
12
(i) the amount of any regional loading worked out under
13
the Commonwealth Grant Scheme Guidelines for the
14
provider for that year; and
15
(ii) the amount of any medical student loading worked out
16
under the Commonwealth Grant Scheme Guidelines for
17
the provider for that year; and
18
(iii) the amount of any enabling loading worked out under
19
the Commonwealth Grant Scheme Guidelines for the
20
provider for that year; and
21
(iv) the amount of any transitional loading worked out under
22
the Commonwealth Grant Scheme Guidelines for the
23
provider for that year; and
24
(v) the amount of any performance funding grant amount
25
worked out under the Commonwealth Grant Scheme
26
Guidelines for the provider for that year.
27
13 Subsection 33-1(1A)
28
Repeal the subsection.
29
14 Section 33-5
30
Repeal the section, substitute:
31
Amendments relating to demand driven funding system Schedule 1
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 7
33-5 Basic grant amounts
1
(1) This section sets out how to work out the basic grant amount for a
2
higher education provider for a year.
3
Basic grant amounts for Table A providers
4
(2)
For
a
*
Table A provider, the
*
basic grant amount for a year is the
5
sum of:
6
(a) the amount for
*
designated courses of study (see
7
subsection (3)); and
8
(b) the amount for
*
non-designated courses of study (see
9
subsections (5) and (6)).
10
Table A providers--amount for designated courses of study
11
(3) For the purposes of paragraph (2)(a), the amount for
*
designated
12
courses of study is the lesser of:
13
(a) the sum of the amounts worked out, for each
*
funding cluster
14
in which the provider has provided places in
*
designated
15
courses of study, by multiplying:
16
(i)
the
*
number of Commonwealth supported places
17
provided by the provider in designated courses of study
18
in that funding cluster; by
19
(ii)
the
*
Commonwealth contribution amount for a place in
20
that funding cluster; and
21
(b)
either:
22
(i) if there is a
*
maximum basic grant amount specified in
23
the provider's funding agreement for designated courses
24
of study--that specified amount; or
25
(ii) if there is no maximum basic grant amount specified in
26
the provider's funding agreement for designated courses
27
of study--the amount worked out under subsection (4).
28
(4) For the purposes of subparagraph (3)(b)(ii), the amount is the sum
29
of the amounts worked out, for each
*
funding cluster to which the
30
Minister has allocated places to the provider under section 30-10,
31
by multiplying:
32
(a)
the
*
number of Commonwealth supported places allocated to
33
that funding cluster; by
34
Schedule 1 Amendments relating to demand driven funding system
Part 1 Amendments
8 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
(b)
the
*
Commonwealth contribution amount for a place in that
1
funding cluster.
2
Table A providers--amount for non-designated courses of study
3
(5) For the purposes of paragraph (2)(b) and subject to subsection (6),
4
the amount for
*
non-designated courses of study is the lesser of:
5
(a) the sum of the amounts worked out, for each
*
funding cluster
6
in which the provider has provided places in non-designated
7
courses of study, by multiplying:
8
(i)
the
*
number of Commonwealth supported places
9
provided by the provider in non-designated courses of
10
study in that funding cluster; by
11
(ii)
the
*
Commonwealth contribution amount for a place in
12
that funding cluster; and
13
(b)
the
*
maximum basic grant amount specified in the provider's
14
funding agreement in relation to non-designated courses of
15
study.
16
(6)
If
a
*
maximum basic grant amount is not specified in the provider's
17
funding agreement in relation to
*
non-designated courses of study,
18
the amount for non-designated courses of study is the amount
19
worked out under paragraph (5)(a).
20
Basic grant amounts for non-Table A providers
21
(7) For a provider that is not a
*
Table A provider, the
*
basic grant
22
amount for a year is the lesser of:
23
(a) the sum of the amounts worked out, for each
*
funding cluster
24
in which the provider has provided places, by multiplying:
25
(i)
the
*
number of Commonwealth supported places
26
provided by the provider in that funding cluster; by
27
(ii)
the
*
Commonwealth contribution amount for a place in
28
that funding cluster; and
29
(b)
either:
30
(i) if there is a
*
maximum basic grant amount specified in
31
the provider's funding agreement--that specified
32
amount; or
33
(ii) if there is no maximum basic grant amount specified in
34
the provider's funding agreement--the amount worked
35
out under subsection (8).
36
Amendments relating to demand driven funding system Schedule 1
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 9
(8) For the purposes of subparagraph (7)(b)(ii), the amount is the sum
1
of the amounts worked out, for each
*
funding cluster to which the
2
Minister has allocated places to the provider under section 30-10,
3
by multiplying:
4
(a)
the
*
number of Commonwealth supported places allocated to
5
that funding cluster; by
6
(b)
the
*
Commonwealth contribution amount for a place in that
7
funding cluster.
8
15 Subdivision 33-C (heading)
9
Repeal the heading.
10
16 Section 33-25
11
Repeal the section.
12
17 At the end of section 33-30
13
Add:
14
(3) To work out the
*
number of Commonwealth supported places that
15
a higher education provider has provided as mentioned in an item
16
of column 1 of the following table, apply the method statement in
17
subsection (1) to the units of study mentioned in column 2 of that
18
item.
19
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.
18 Before section 33-37
20
Insert:
21
Schedule 1 Amendments relating to demand driven funding system
Part 1 Amendments
10 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
Subdivision 33-C--Adjustments
1
19 Subsection 33-37(2) (formula)
2
Repeal the formula, substitute:
3
Reduction amount
Total places provided
×
4
20 Subsection 33-37(2) (definition of total places allocated)
5
Repeal the definition.
6
21 Subsection 33-37(2)
7
Insert:
8
total places provided is the total
*
number of Commonwealth
9
supported places provided by the higher education provider for the
10
grant year.
11
22 Subsection 33-40(1)
12
Omit "may determine", substitute "may, if an amount has been
13
specified under subsection (3A), determine".
14
23 Subsection 33-40(3)
15
Omit "set out in section 30-5 in respect of the following year",
16
substitute "specified by the Minister under subsection (3A)".
17
24 After subsection 33-40(3)
18
Insert:
19
(3A) The Minister may, by legislative instrument, specify an amount for
20
the purposes of subsection (3).
21
25 Paragraph 36-10(1)(a)
22
Omit "a
*
number of Commonwealth supported places has been
23
allocated to the provider under section 30-10", substitute "the provider
24
has entered into a funding agreement under section 30-25".
25
26 Subsection 41-10(1) (table item 12)
26
Repeal the item, substitute:
27
Amendments relating to demand driven funding system Schedule 1
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 11
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
27 Subparagraph 46-13(c)(ii)
1
Omit "subparagraph 30-1(1)(a)(ii)", substitute "subparagraph
2
30-1(1)(b)(i)".
3
28 Subsection 46-15(1)
4
Omit "subparagraph 30-1(1)(a)(ii)", substitute "subparagraph
5
30-1(1)(b)(i)".
6
29 Subclause 1(1) of Schedule 1, (definition of corrected
7
basic amount)
8
Repeal the definition.
9
30 Subclause 1(1) of Schedule 1
10
Insert:
11
designated courses of study has the meaning given by subsection
12
30-12(1).
13
31 Subclause 1(1) of Schedule 1
14
Insert:
15
maximum basic grant amount has the meaning given by
16
subsection 30-27(1).
17
32 Subclause 1(1) of Schedule 1
18
Insert:
19
non-designated courses of study means
*
courses of study other
20
than
*
designated courses of study.
21
22
Schedule 1 Amendments relating to demand driven funding system
Part 2 Application, savings and transitional provisions
12 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
Part 2--Application, savings and transitional
1
provisions
2
33 Definitions
3
In this Part:
4
commencement means the commencement of this Schedule.
5
new Act means the Higher Education Support Act 2003 as in force on
6
and after commencement.
7
old Act means the Higher Education Support Act 2003 as in force
8
immediately before commencement.
9
34 Application of amendments--general
10
The amendments made by this Schedule apply in relation to the year
11
commencing on 1 January 2012 or a later year.
12
35 Transitional--maximum basic grant amount for
13
non-designated courses of study for Table A providers
14
for 2012
15
For the purposes of working out the amount mentioned in paragraph
16
30-27(3)(b) of the new Act for the year 2012, the amount is to be
17
worked out as if paragraph 33-5(5)(a) of the new Act applied to the year
18
2011.
19
36 Transitional--adjustment of basic grant amount for 2012
20
A higher education provider's basic grant amount for the year 2012 (as
21
worked out under the new Act) is to be adjusted as if the amendments
22
made by items 11, 15, 16 and 18 of this Schedule had not been made.
23
Note:
Adjustments of basic grant amounts for 2011 or an earlier year are not affected by the
24
amendments in this Schedule.
25
26
Amendments relating to student learning entitlement Schedule 2
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 13
Schedule 2--Amendments relating to student
1
learning entitlement
2
Part 1--Amendments
3
Higher Education Support Act 2003
4
1 Section 3-10
5
Omit "Chapter 3 also provides for the Student Learning Entitlement.".
6
2 Subparagraph 19-45(1)(c)(i)
7
Omit "36-22", substitute "36-20".
8
3 Paragraph 19-45(4)(a)
9
Omit "36-22", substitute "36-20".
10
4 Paragraph 19-50(1)(a)
11
Omit "36-22", substitute "36-20".
12
5 Paragraph 19-50(2)(c)
13
Omit "36-22", substitute "36-20".
14
6 Subsection 19-60(1)
15
Omit "36-22", substitute "36-20".
16
7 Paragraph 33-30(2)(b)
17
Omit "73-15(2)", substitute "169-28(2)".
18
8 Paragraph 36-10(1)(d)
19
Repeal the paragraph.
20
9 Sections 36-20, 36-22, 36-22A and 36-23
21
Repeal the sections, substitute:
22
Schedule 2 Amendments relating to student learning entitlement
Part 1 Amendments
14 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
36-20 Providers to repay amounts--special circumstances
1
(1) A higher education provider must, on the
*
Secretary's behalf,
2
determine that this section applies to a person if:
3
(a) the person has been enrolled as a
*
Commonwealth supported
4
student with the provider in a unit of study; and
5
(b) the unit would, if completed, form part of a
*
course of study
6
undertaken with that provider or another higher education
7
provider; and
8
(c) the person has not completed the requirements for the unit
9
during the period during which the person undertook, or was
10
to undertake, the unit; and
11
(d) the provider is satisfied that special circumstances apply to
12
the person (see section 36-21); and
13
(e) the person applies in writing to that provider for either or
14
both:
15
(i)
the
repayment of any amounts that the person paid in
16
relation to his or her
*
student contribution amount for
17
the unit; or
18
(ii) the remission of the person's
*
HECS-HELP debt in
19
relation to the unit; and
20
(f)
either:
21
(i) the application is made before the end of the application
22
period under section 36-22; or
23
(ii) the provider waives the requirement that the application
24
be made before the end of that period, on the ground
25
that it would not be, or was not, possible for the
26
application to be made before the end of that period.
27
Note 1:
A HECS-HELP debt of a person to whom this section applies is
28
remitted under subsection 137-5(4).
29
Note 2:
A decision that this section does not apply to a person is reviewable
30
under Part 5-7.
31
(2) If the provider determines that this section applies to a person, the
32
provider must:
33
(a) pay to the person an amount equal to the payment, or the sum
34
of the payments, that the person made in relation to his or her
35
*
student contribution amount for the unit; and
36
Amendments relating to student learning entitlement Schedule 2
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 15
(b) pay to the Commonwealth an amount equal to any
1
*
HECS-HELP assistance to which the person was entitled for
2
the unit.
3
(3) Subsection (2) does not apply to the provider if:
4
(a) the person enrolled in the unit in circumstances that make it a
5
replacement unit within the meaning of the
*
tuition assurance
6
requirements; or
7
(b) it is determined that section 36-24A applies to the person.
8
(4) The Higher Education Provider Guidelines may, in setting out the
9
*
tuition assurance requirements, specify, in relation to
10
circumstances to which paragraph (3)(a) applies:
11
(a) the amount (if any) that is to be paid to the person; and
12
(b) the amount (if any) that is to be paid to the Commonwealth;
13
and
14
(c) the person (if any) who is to pay the amounts.
15
(5) If a determination made under subsection (1) is made in writing,
16
the determination is not a legislative instrument.
17
36-21 Special circumstances
18
(1) For the purposes of paragraph 36-20(1)(d), special circumstances
19
apply to the person if and only if the higher education provider is
20
satisfied that circumstances apply to the person that:
21
(a) are beyond the person's control; and
22
(b) do not make their full impact on the person until on or after
23
the
*
census date for the unit of study; and
24
(c) make it impracticable for the person to complete the
25
requirements for the unit during the period during which the
26
person undertook, or was to undertake, the unit.
27
(2) The Administration Guidelines may specify circumstances in
28
which a higher education provider will be satisfied of a matter
29
referred to in paragraph (1)(a), (b) or (c). A decision of a higher
30
education provider under this section must be in accordance with
31
any such guidelines.
32
Note:
Guidelines made for the purposes of this subsection also have effect
33
for the purposes of subsection 104-30(2) (re-crediting a person's
34
FEE-HELP balance).
35
Schedule 2 Amendments relating to student learning entitlement
Part 1 Amendments
16 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
36-22 Application period
1
(1) For the purposes of subparagraph 36-20(1)(f)(i), if:
2
(a) the person has withdrawn his or her enrolment in the unit of
3
study; and
4
(b) the higher education provider gives notice to the person that
5
the withdrawal has taken effect;
6
the application period for the application is the period of 12 months
7
after the day specified in the notice as the day the withdrawal takes
8
effect.
9
(2) If subsection (1) does not apply, the application period for the
10
application is the period of 12 months after the end of the period
11
during which the person undertook, or was to undertake, the unit.
12
36-23 Dealing with applications
13
(1)
If:
14
(a) the application under paragraph 36-20(1)(e) is made before
15
the end of the application period under section 36-22; or
16
(b) the higher education provider waives the requirement that the
17
application be made before the end of that period, on the
18
ground that it would not be, or was not, possible for the
19
application to be made before the end of that period;
20
the provider must, as soon as practicable, consider the matter to
21
which the application relates and notify the applicant of the
22
decision on the application.
23
(2) The notice must include a statement of the reasons for the decision.
24
36-24A Providers to repay amounts--provider ceases to provide
25
course
26
(1) A higher education provider must, on the
*
Secretary's behalf,
27
determine that this section applies to a person if:
28
(a) the person has been enrolled as a
*
Commonwealth supported
29
student with the provider in a unit of study; and
30
(b) the unit would, if completed, form part of a
*
course of study
31
undertaken with the provider; and
32
(c) the person has not completed the requirements for the unit
33
during the period during which the person undertook, or was
34
Amendments relating to student learning entitlement Schedule 2
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 17
to undertake, the unit because the provider ceased to provide
1
the unit as a result of ceasing to provide the course of which
2
the unit formed part; and
3
(d)
the
*
tuition assurance requirements applied to the provider at
4
the time the provider ceased to provide the unit; and
5
(e) the person chose the option designated under the tuition
6
assurance requirements as student contribution/tuition fee
7
repayment in relation to the unit.
8
Note:
A HECS-HELP debt of a person to whom this section applies is
9
remitted under subsection 137-5(4).
10
(2) The provider must:
11
(a) pay to the person an amount equal to the payment, or the sum
12
of the payments, that the person made in relation to his or her
13
*
student contribution amount for the unit; and
14
(b) pay to the Commonwealth an amount equal to any
15
*
HECS-HELP assistance to which the person was entitled for
16
the unit.
17
(3) If a determination made under subsection (1) is made in writing,
18
the determination is not a legislative instrument.
19
36-24B Providers to repay amounts--no tax file numbers
20
(1) This section applies to a person if a higher education provider
21
cancels the person's enrolment in a unit of study under subsection
22
193-5(1).
23
Note:
A HECS-HELP debt of a person to whom this section applies is
24
remitted under subsection 137-5(4).
25
(2) The provider must:
26
(a) pay to the person an amount equal to the payment, or the sum
27
of the payments, that the person made in relation to his or her
28
*
student contribution amount for the unit; and
29
(b) pay to the Commonwealth an amount equal to any
30
*
HECS-HELP assistance to which the person was entitled for
31
the unit.
32
Schedule 2 Amendments relating to student learning entitlement
Part 1 Amendments
18 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
36-24C Secretary may act if provider is unable to
1
If a higher education provider is unable to act for one or more of
2
the purposes of subsection 36-20(1), section 36-21, 36-22 or 36-23
3
or subsection 36-24A(1), the
*
Secretary may act as if one or more
4
of the references in those provisions to the provider were a
5
reference to the Secretary.
6
10 Paragraph 36-30(1)(a)
7
Omit "that is
*
covered by the person's
*
Student Learning Entitlement".
8
11 Subsection 36-30(3)
9
Omit "that is
*
covered by a person's
*
Student Learning Entitlement".
10
12 Section 65-1
11
Omit "the Student Learning Entitlement and for".
12
13 Section 65-1
13
Omit all the words from and including "A sufficient" to and including
14
"places that are funded under Part 2-2 (Commonwealth Grants
15
Scheme)".
16
14 Part 3-1
17
Repeal the Part.
18
15 Paragraph 90-1(d)
19
Repeal the paragraph.
20
16 Subsection 104-30(2)
21
Repeal the subsection, substitute:
22
(2) If the Administration Guidelines specify circumstances in which a
23
higher education provider will be satisfied of a matter referred to in
24
paragraph 36-21(1)(a), (b) or (c), any decision of a higher
25
education provider under this section must be in accordance with
26
any such guidelines.
27
Note:
The matters referred to in paragraphs 36-21(1)(a), (b) and (c) (which
28
relate to special circumstances that apply to repaying an amount of
29
student contribution or HECS-HELP) are identical to the matters
30
referred to in paragraphs (1)(a), (b) and (c) of this section.
31
Amendments relating to student learning entitlement Schedule 2
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 19
17 Subsections 137-5(4) and (5)
1
Repeal the subsections, substitute:
2
Remission of HECS-HELP debts
3
(4)
A
person's
*
HECS-HELP debt in relation to a unit of study is taken
4
to be remitted if section 36-20, 36-24A or 36-24B applies to the
5
person (even if subsection 36-20(3) applies to the provider in
6
relation to the person).
7
18 Subsection 169-5(4)
8
Omit "(including the person's
*
Student Learning Entitlement)".
9
19 Subsection 169-10(5)
10
Omit "(including the person's
*
Student Learning Entitlement)".
11
20 After section 169-25
12
Insert:
13
169-27 Meaning of EFTSL
14
(1)
An EFTSL is an equivalent full-time student load for a year. It is a
15
measure, in respect of a
*
course of study, of the study load for a
16
year of a student undertaking that course of study on a full-time
17
basis.
18
(2) A particular amount of EFTSL is an amount of study, undertaken
19
with a higher education provider as part of a
*
course of study,
20
represented by units of study with
*
EFTSL values the sum of
21
which equals that amount.
22
169-28 Meaning of EFTSL value
23
(1)
The
EFTSL value of a unit of study is the value that the higher
24
education provider with which the unit may be undertaken
25
determines in writing to be the EFTSL value of the unit, expressed
26
as a fraction of one
*
EFTSL.
27
(2) If the unit can form part of more than one
*
course of study, the
28
provider may determine an EFTSL value of the unit for each such
29
course.
30
Schedule 2 Amendments relating to student learning entitlement
Part 1 Amendments
20 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
(3) If a unit of study is subject to separate determinations in relation to
1
different
*
courses of study, a reference in this Act to the EFTSL
2
value of the unit is, when the unit forms part of such a course, a
3
reference to the EFTSL value of the unit determined under
4
subsection (2) for the course.
5
(4) Determinations under this section must be in accordance with any
6
requirements set out in the Administration Guidelines.
7
21 Subsection 193-5(1) (notes 1 and 2)
8
Repeal the notes, substitute:
9
Note:
If a person's enrolment is cancelled under this section, the provider
10
has certain payment obligations: see section 36-24B.
11
22 Section 206-1 (table items 1A and 1)
12
Repeal the items, substitute:
13
1A
A decision that
section 36-20 does not
apply to a person
section 36-20
(a) the higher education
provider with
whom the student is
enrolled in the unit;
or
(b) if the
*
Secretary
made the decision
that the section
does not apply--the
Secretary
23 Subsection 209-1(2) (note 1)
14
Omit "section 36-22", substitute "36-20".
15
24 Paragraph 238-1(2)(a)
16
Omit "36-22", substitute "36-20".
17
25 Subsection 238-10(1) (table item 1)
18
Omit "Chapter 5", substitute "Section 36-21; Chapter 5".
19
26 Subsection 238-10(1) (table item 10)
20
Repeal the item.
21
27 Subclause 1(1) of Schedule 1 (definition of additional SLE)
22
Amendments relating to student learning entitlement Schedule 2
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 21
Repeal the definition.
1
28 Subclause 1(1) of Schedule 1 (definition of available)
2
Repeal the definition.
3
29 Subclause 1(1) of Schedule 1 (definition of covered)
4
Repeal the definition.
5
30 Subclause 1(1) of Schedule 1 (definition of EFTSL)
6
Omit "73-10", substitute "169-27".
7
31 Subclause 1(1) of Schedule 1 (definition of EFTSL value)
8
Omit "73-15", substitute "169-28".
9
32 Subclause 1(1) of Schedule 1 (definition of eligible person)
10
Repeal the definition.
11
33 Subclause 1(1) of Schedule 1 (definition of life long SLE)
12
Repeal the definition.
13
34 Subclause 1(1) of Schedule 1 (definition of ordinary SLE)
14
Repeal the definition.
15
35 Subclause 1(1) of Schedule 1 (definition of SLE)
16
Repeal the definition.
17
36 Subclause 1(1) of Schedule 1 (definition of Student
18
Learning Entitlement)
19
Repeal the definition.
20
21
Schedule 2 Amendments relating to student learning entitlement
Part 2 Application, savings and transitional provisions
22 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
Part 2--Application, savings and transitional
1
provisions
2
37 Definitions
3
In this Part:
4
commencement means the commencement of this Schedule.
5
new Act means the Higher Education Support Act 2003 as in force on
6
and after commencement.
7
old Act means the Higher Education Support Act 2003 as in force
8
immediately before commencement.
9
38 Application of amendments--general
10
The amendments made by this Schedule apply in relation to units of
11
study whose census dates are on or after 1 January 2012.
12
39 Saving--review procedures and appointments of review
13
officers
14
(1)
A review procedure referred to in paragraph 19-45(1)(c) of the old Act
15
that was in force immediately before commencement, so far as it relates
16
to review of decisions made under section 36-22 of the old Act, has
17
effect on and after commencement as if it also related to decisions made
18
under section 36-20 of the new Act.
19
(2)
An appointment referred to in subsection 19-50(1) of the old Act that
20
was in force immediately before commencement, so far as it relates to
21
review of decisions made under section 36-22 of the old Act, has effect
22
on and after commencement as if it also related to decisions made under
23
section 36-20 of the new Act.
24
40 Saving--determination of EFTSL values
25
A determination of an EFTSL value for a unit of study that was in force
26
immediately before commencement under section 73-15 of the old Act
27
has effect on and after commencement as if it were made in accordance
28
with section 169-28 of the new Act.
29
41 Effect of abolition of SLE on persons who have used
30
some or all of their SLE
31
Amendments relating to student learning entitlement Schedule 2
Application, savings and transitional provisions Part 2
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 23
To avoid doubt, a person may be enrolled as a Commonwealth
1
supported student on or after commencement regardless of whether the
2
person has, before commencement, used some or all of the person's
3
SLE.
4
5
Schedule 3 Other amendments
Part 1 Amendments
24 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
Schedule 3--Other amendments
1
Part 1--Amendments
2
Higher Education Support Act 2003
3
1 At the end of paragraph 2-1(a)
4
Add:
5
(iv) promotes and protects free intellectual inquiry in
6
learning, teaching and research; and
7
2 At the end of subsection 19-1(1)
8
Add:
9
; and (f) the
*
compact and academic freedom requirements (see
10
Subdivision 19-G).
11
3 At the end of Division 19
12
Add:
13
Subdivision 19-G--The compact and academic freedom
14
requirements
15
19-110 Table A providers and Table B providers must enter into
16
mission based compacts
17
(1) A higher education provider that is a
*
Table A provider or a
*
Table
18
B provider must, in respect of each year for which a grant is paid to
19
the provider under this Act, enter into a mission based compact
20
with the Commonwealth for a period that includes that year.
21
(2) The Minister may, on behalf of the Commonwealth, enter into a
22
mission based compact with a
*
Table A provider or a
*
Table B
23
provider.
24
(3) The mission based compact must include:
25
(a) a statement of the provider's mission; and
26
(b) a statement of the provider's strategies for teaching and
27
learning; and
28
(c) a statement of the provider's strategies for:
29
Other amendments Schedule 3
Amendments Part 1
Higher Education Support Amendment (Demand Driven Funding System and Other Measures)
Bill 2011 No. , 2011 25
(i) undertaking research; and
1
(ii) research training; and
2
(iii)
innovation.
3
Note:
A mission based compact may include other matters.
4
(4)
The
*
Secretary must cause a copy of each mission based compact
5
to be published on the Department's website within 28 days after
6
the making of the compact.
7
19-115 Provider to have policy upholding free intellectual inquiry
8
A higher education provider that is a
*
Table A provider or a
*
Table
9
B provider must have a policy that upholds free intellectual inquiry
10
in relation to learning, teaching and research.
11
4 Subsection 30-25(4)
12
Repeal the subsection.
13
5 After section 30-27
14
Insert:
15
30-28 Funding agreement to be published
16
The
*
Secretary must cause a copy of each funding agreement to be
17
published on the Department's website within 28 days after the
18
making of the agreement.
19
6 Section 36-32
20
Repeal the section.
21
7 Subclause 1(1) of Schedule 1
22
Insert:
23
compact and academic freedom requirements are the
24
requirements set out in Subdivision 19-G.
25
26
Schedule 3 Other amendments
Part 2 Application, savings and transitional provisions
26 Higher Education Support Amendment (Demand Driven Funding System and Other
Measures) Bill 2011 No. , 2011
Part 2--Application, savings and transitional
1
provisions
2
8 Definitions
3
In this Part:
4
commencement means the commencement of this Schedule.
5
new Act means the Higher Education Support Act 2003 as in force on
6
and after commencement.
7
9 Application of amendments--general
8
The amendments made by this Schedule apply in relation to the year
9
commencing on 1 January 2012 or a later year.
10
10 Transitional--mission based compacts
11
(1) This item applies if:
12
(a) the Minister entered into a mission based compact with a
13
Table A provider or a Table B provider before
14
commencement; and
15
(b) the compact satisfies the requirements of subsection
16
19-110(3) of the new Act; and
17
(c) the compact is still in force immediately before
18
commencement.
19
(2) The compact is taken to have been entered into under
20
section 19-110 of the new Act.
21
(3) If it has not previously been published on the Department's
22
website, the Secretary must cause a copy of the compact to be
23
published on the Department's website within 28 days after
24
commencement.
25