HIGHER EDUCATION SUPPORT ACT 2003
HIGHER EDUCATION SUPPORT ACT 2003
TABLE OF PROVISIONS
Long Title
CHAPTER 1--Introduction
Division 1--Preliminary
1.1. Short title
1.5. Commencement
1.10. Identifying defined terms
Division 2--Objects
2.1. Objects of this Act
Division 3--Overview of this Act
3.1. General
3.5. Grants for higher education assistance etc. (Chapter 2)
3.10. Assistance to students (Chapter 3)
3.15. Repayment of loans (Chapter 4)
3.20. Administration (Chapter 5)
3.30. VET FEE - HELP Assistance Scheme (Schedule 1A)
Division 5--Application of Act to Table C providers
5.1. Application of Act to Table C providers
Division 6--Schedule 1A
6.1. Schedule 1A
CHAPTER 2--Grants for higher education assistance etc.
Division 8--Introduction
8.1. What this Chapter is about
PART 2-1--HIGHER EDUCATION PROVIDERS
Division 13--Introduction
13.1. What this Part is about
13.5. The Higher Education Provider Guidelines
Division 16--What is a higher education provider?
Subdivision 16-A--General
16.1. Meaning of higher education provider
16.5. When a body becomes or ceases to be a higher education provider
Subdivision 16-B--Which bodies are listed providers?
16.10. Listed providers
16.15. Table A providers
16.20. Table B providers
16.22. Table C providers
Subdivision 16-C--How are bodies approved as higher education providers?
16.25. Approval by the Minister
16.27. Body must be a registered higher education provider
16.30. The tuition protection requirements
16.40. Application
16.45. Minister may seek further information
16.50. Minister to decide application
16.55. Approvals are legislative instruments
16.60. Conditions of approval
16.65. Minister to cause higher education provider to be notified of change in condition of approval
16.70. Variation of approval if body's name changes
Division 19--What are the quality and accountability requirements?
Subdivision 19-A--General
19.1. The quality and accountability requirements
Subdivision 19-B--The financial viability requirements
19.5. Basic requirement
19.10. Financial information must be provided
19.12. Minister to have regard to financial information and matters prescribed in Higher Education Guidelines
Subdivision 19-C--The quality requirements
19.15. Provider must maintain quality
Subdivision 19-D--The fairness requirements
19.30. Basic requirement
19.35. Benefits and opportunities must be available equally to all students
19.36. Misrepresenting assistance under Chapter 3
19.36A. Offering certain inducements
19.36B. Engaging in cold - calling
19.36C. Use of third party contact lists
19.36D. Other marketing requirements
19.36E. Requirements relating to requests for Commonwealth assistance
19.37. Requiring membership of certain organisations or payment of certain amounts
19.38. Higher education providers' expenditure of student services and amenities fees
19.42. Assessment of students as academically suited
19.43. Support for students policy
19.45. Student grievance and review procedures
19.50. Higher education providers to appoint review officers
19.55. Review officers not to review own decisions
19.60. Procedures relating to personal information
Subdivision 19-E--The compliance requirements
19.65. Basic requirements
19.66. Higher education provider charge
19.66A. Tuition protection requirements
19.67. Special requirements for student services, amenities, representation and advocacy in 2012 and later years
19.70. Provider to provide statement of general information
19.71. Co - operation with HESA and TEQSA investigators
19.72. Providers must keep records
19.73. Providers must publish information
19.75. Notice of events that affect provider's ability to comply with conditions of Commonwealth assistance
19.77. Notice of events affecting accreditation
19.78. Notice of events significantly affecting TEQSA registration
19.80. Compliance assurance
19.82. Compliance notices
Subdivision 19-F--What are the contribution and fee requirements?
19.85. Basic requirement
19.87. Determining student contribution amounts for all places in units
19.90. Determining tuition fees for all students
19.92. Determining accelerator program course fees for all students
19.95. Schedules of student contribution amounts for places and tuition fees
19.97. Schedules of accelerator program course fees
19.100. Limits on fees for courses of study
19.102. Meaning of fee
19.105. Meaning of tuition fee
Subdivision 19-G--The compact and academic freedom requirements
19.110. Table A providers and Table B providers must enter into mission based compacts
19.115. Provider to have policy upholding freedom of speech and academic freedom
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
Subdivision 22-AA--Revocation of approval if registration ceases or winding up order made
22.2. Automatic revocation of approval if registration ceases
22.3. Automatic revocation of approval if winding up order made
Subdivision 22-B--Revocation for cause
22.5. Revocation of approval if application for approval as a provider is false or misleading
22.7. Revocation of approval if providing education and/or conducting research ceases to be the body's principal purpose
22.10. Revocation of approval if status or accreditation changes
22.15. Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements
22.17. Revocation of approval as a provider if provider etc. not a fit and proper person
Subdivision 22-C--Process for decisions on revocation under Subdivision 22-B
22.20. Process for revoking approval
22.25. Determination retaining approval as a provider in respect of existing students
22.30. Suspension of approval as a provider
22.32. Determination retaining approval as a provider in respect of existing students following suspension of approval
Subdivision 22-D--Revocation of approval on application
22.40. Revocation of approval as a provider on application
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
22.50. Notice of revocation ceasing to have effect under the Legislation Act 2003
PART 2-2--COMMONWEALTH GRANT SCHEME
Division 27--Introduction
27.1. What this Part is about
27.5. Commonwealth Grant Scheme Guidelines
Division 30--Which higher education providers are eligible for a grant?
Subdivision 30-A--Basic rules
30.1. Eligibility for grants
Subdivision 30-B--Allocation of places
30.10. Allocation of places
30.12. Designated higher education courses
30.15. Funding clusters
30.20. National priorities
Subdivision 30-C--Funding agreements
30.25. Funding agreements
30.27. Specification of maximum basic grant amounts in funding agreements
30.28. Funding agreement to be published
Division 33--How are grant amounts worked out?
Subdivision 33-A--Basic rule
33.1. How grant amount is worked out
Subdivision 33-B--Total basic grant amounts
33.5. Total basic grant amounts
33.10. Commonwealth contribution amounts and grandfathered Commonwealth contribution amounts
33.30. Working out the number of Commonwealth supported places provided
33.35. Funding clusters, or parts of funding clusters, in which units are included
Subdivision 33-C--Adjustments
33.37. Adjustments for breach of section 19 - 37
Subdivision 33-D--Special purpose advances
33.40. Advances for certain purposes
Division 36--What are the conditions of receiving a grant?
Subdivision 36-A--General
36.1. Condition of grant to comply with this Division
Subdivision 36-B--Conditions relating to Commonwealth supported students
36.5. Meaning of Commonwealth supported student
36.10. Advice on whether a person is a Commonwealth supported student--general
36.12. Advice on whether a person is a Commonwealth supported student--unreasonable study load
36.15. Persons not to be advised they are Commonwealth supported
36.20. Providers to repay amounts--special circumstances
36.21. Special circumstances
36.22. Application period
36.23. Dealing with applications
36.24A. Providers to repay amounts--provider defaults
36.24B. Providers to repay amounts--no tax file numbers
36.24BA.Providers to repay amounts--person's SLE amount re - credited in special circumstances
36.24BB.Providers to repay amounts--provider completes request for assistance
36.24BC.Providers to repay amounts--person not entitled to assistance
36.24C. Secretary may act if provider is unable to
Subdivision 36-C--Conditions relating to enrolment
36.25. Continued support for Commonwealth supported students
36.30. Providers to enrol persons as Commonwealth supported students
36.40. Providers to cancel enrolments in certain circumstances
Subdivision 36-D--Conditions relating to student contribution amounts
36.45. Limits on student contribution amounts
Subdivision 36-E--Conditions relating to tuition fees
36.55. Tuition fees for non - Commonwealth supported students
Subdivision 36-F--Other conditions
36.60. Providers to meet the quality and accountability requirements
36.65. Providers to comply with funding agreement
36.70. Providers to comply with the Commonwealth Grant Scheme Guidelines
PART 2-2A----INDIGENOUS STUDENT ASSISTANCE GRANTS
Division 38--Indigenous student assistance grants
38.1. What this Part is about
38.5. Indigenous Student Assistance Grants Guidelines
38.10. Eligibility for grants under this Part
38.15. Guidelines may provide for grants
38.20. Approval of grants
38.25. Conditions on grants
38.30. Amounts of grants
38.35. Amounts payable under this Part
38.40. Rollover of grant amounts
38.45. Maximum payments for grants under this Part
PART 2-3--OTHER GRANTS
Division 41--Other grants
41.1. What this Part is about
41.5. The Other Grants Guidelines
41.10. Eligibility for grants under this Part
41.15. Grants may be paid under programs
41.20. Approval of grants
41.25. Conditions on grants
41.30. Amount of a grant
41.35. Amounts payable under this Part
41.40. Rollover of grant amounts
41.45. Maximum payments for other grants under this Part
41.95. Alternative constitutional bases
Division 42--Australia's Economic Accelerator
Subdivision 42-A--Research commercialisation strategy and investment plan
42.1. Research commercialisation strategy
42.5. Investment plan
Subdivision 42-B--Advisory Board
42.10. Australia's Economic Accelerator Advisory Board
42.15. Functions of the AEA Advisory Board
42.20. Annual report
42.25. Membership of the AEA Advisory Board
42.30. Appointment of members of the AEA Advisory Board
42.35. Acting AEA Advisory Board members
42.40. Remuneration and allowances
42.45. Leave of absence
42.50. Disclosure of interests to the Minister
42.55. Disclosure of interests to the AEA Advisory Board
42.60. Resignation
42.65. Termination
42.70. Other terms and conditions
Subdivision 42-C--Priority managers
42.75. Priority managers
PART 2-4--COMMONWEALTH SCHOLARSHIPS
Division 46--Commonwealth scholarships
46.1. What this Part is about
46.5. The Commonwealth Scholarships Guidelines
46.10. Classes of Commonwealth scholarships
46.13. Eligibility of students to receive directly - paid standard Commonwealth scholarships
46.15. Eligibility of higher education providers to receive grants for certain Commonwealth scholarships
46.20. Other matters relating to Commonwealth scholarships
46.25. Condition of grants
46.30. Amounts payable under this Part
46.35. Rollover of grant amounts
46.40. Maximum payments for Commonwealth scholarships
PART 2-5--REDUCTION AND REPAYMENT OF GRANTS
Division 51--Introduction
51.1. What this Part is about
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
54.5. Appropriateness of requiring reduction or repayment of grant
Division 57--What is the amount of a reduction or repayment?
57.1. Reduction in amount of grants
57.5. Amount of the repayment
Division 60--How are decisions reducing a grant or requiring repayment of a grant made?
60.1. Procedure prior to decision
60.5. Notification of decision
60.10. When a decision takes effect
CHAPTER 3--Assistance to students
Division 65--Introduction
65.1. What this Chapter is about
PART 3-1--STUDENT LEARNING ENTITLEMENT
Division 70--Introduction
70.1. What this Part is about
70.5. The Student Learning Entitlement Guidelines
Division 73--Student Learning Entitlement and SLE amount
73.1. Student Learning Entitlement and SLE amount
73.5. Ordinary SLE
73.10. Additional SLE
73.15. Lifelong SLE
73.20. Student Learning Entitlement is not transferable
73.25. Ceasing to be an eligible person
Division 76--Reduction of a person's SLE amount
76.1. Reduction of a person's SLE amount
Division 79--Re-crediting a person's SLE amount
Subdivision 79-A--Re-crediting a person's SLE amount in special circumstances
79.1. Re - crediting a person's SLE amount if special circumstances apply to the person
79.5. Special circumstances
79.10. Application period
79.15. Dealing with applications
Subdivision 79-B--Re-crediting a person's SLE amount if the person's HELP balance is re-credited
79.20. Re - crediting a person's SLE amount if the person's HELP balance is re - credited
Division 82--Unit of study covered by a person's Student Learning Entitlement
82.1. Unit of study covered by a person's Student Learning Entitlement--person's SLE amount not exceeded at enrolment
82.5. Unit of study covered by a person's Student Learning Entitlement--person's SLE amount exceeded at enrolment
PART 3-2--HECS-HELP ASSISTANCE
Division 87--Introduction
87.1. What this Part is about
87.5. The HECS - HELP Guidelines
Division 90--Who is entitled to HECS-HELP assistance?
90.1. Entitlement to HECS - HELP assistance
90.5. Citizenship or residency requirements
Division 93--How are amounts of HECS-HELP assistance worked out?
93.1. The amount of HECS - HELP assistance for a unit of study
93.5. Student contribution amounts
93.10. Maximum student contribution amount for a place
93.15. Up - front payments
93.20. Amounts of HECS - HELP assistance, FEE - HELP assistance and VET FEE - HELP assistance must not exceed the HELP balance
Division 96--How are amounts of HECS-HELP assistance paid?
96.1. Payments to higher education providers
96.10. Implications for student's liability to higher education provider for student contribution amount
Division 97--Re-crediting of HELP balances in relation to HECS-HELP assistance
97.23. Purpose
97.25. Main case of re - crediting a person's HELP balance in relation to HECS - HELP assistance
97.27. Re - crediting a person's HELP balance in relation to HECS - HELP assistance--no tax file number
97.30. Special circumstances
97.35. Application period
97.40. Dealing with applications
97.42. Re - crediting a person's HELP balance in relation to HECS - HELP assistance--provider defaults
97.45. Re - crediting a person's HELP balance in relation to HECS - HELP assistance--provider completes request for assistance
97.50. Re - crediting a person's HELP balance in relation to HECS - HELP assistance--person not entitled to assistance
PART 3-3--FEE-HELP ASSISTANCE
Division 101--Introduction
101.1. What this Part is about
101.5. The FEE - HELP Guidelines
Division 104--Who is entitled to FEE-HELP assistance?
Subdivision 104-A--Basic rules
104.1. Entitlement to FEE - HELP assistance
104.1AA.Student has unreasonable study load
104.2. Failure by a student to complete previous units accessed through Open Universities Australia
104.3. Failure by Open Universities Australia to comply with FEE - HELP Guidelines etc.
104.4. Failure by Open Universities Australia to set tuition fees and census date
104.5. Citizenship or residency requirements
104.10. Course requirements
104.12. Secretary may act if provider is unable to
Subdivision 104-B--Re-crediting HELP balances in relation to FEE-HELP assistance
104.25. Main case of re - crediting a person's HELP balance in relation to FEE - HELP assistance
104.27. Re - crediting a person's HELP balance in relation to FEE - HELP assistance--no tax file number
104.30. Special circumstances
104.35. Application period
104.40. Dealing with applications
104.42. Re - crediting a person's HELP balance if provider defaults or person elects re - crediting
104.43. Re - crediting a person's HELP balance in relation to FEE - HELP assistance if not a genuine student
104.44. Re - crediting a person's HELP balance in relation to FEE - HELP assistance if provider completes request for assistance etc.
Subdivision 104-C--Bridging courses for overseas-trained professionals
104.45. Meaning of bridging course for overseas - trained professionals
104.50. Assessment statements
104.55. Meaning of assessing body
104.60. Meaning of listed professional occupations
104.65. Occupation includes part of an occupation
104.70. Requirements for entry to an occupation
Division 107--How are amounts of FEE-HELP assistance worked out?
107.1. The amount of FEE - HELP assistance for a unit of study
107.5. Up - front payments
107.10. Amounts of FEE - HELP assistance, HECS - HELP assistance and VET FEE - HELP assistance must not exceed the HELP balance
Division 110--How are amounts of FEE-HELP assistance paid?
110.1. Payments
110.5. Effect of HELP balance being re - credited
110.10. Implications for student's liability to higher education provider for student tuition fee
PART 3-4--OS-HELP ASSISTANCE
Division 115--Introduction
115.1. What this Part is about
115.5. The OS - HELP Guidelines
Division 118--Who is entitled to OS-HELP assistance?
118.1. Entitlement to OS - HELP assistance
118.2. Entitlement to supplementary amount for Asian language study
118.5. Citizenship or residency requirements
118.7. Prior study requirements
118.10. Overseas study requirements
118.12. Student identifier requirements
118.15. Selection of students for receipt of OS - HELP assistance and supplementary amounts for Asian language study
Division 121--How are amounts of OS-HELP assistance worked out?
121.1. The amount of OS - HELP assistance for a period
121.5. Maximum OS - HELP (overseas study) amount
121.10. Minimum OS - HELP (overseas study) amount
121.15. Maximum OS - HELP (Asian language study) amount
121.20. Minimum OS - HELP (Asian language study) amount
Division 124--How are amounts of OS-HELP assistance paid?
124.1. Amounts of OS - HELP assistance are lent to students
PART 3-5--SA-HELP ASSISTANCE
Division 125--Introduction
125.1. What this Part is about
Division 126--Who is entitled to SA-HELP assistance?
126.1. Entitlement to SA - HELP assistance
126.5. Citizenship or residency requirements
126.10. Student identifier requirements
Division 127--How are amounts of SA-HELP assistance worked out?
127.1. The amount of SA - HELP assistance for a student services and amenities fee
Division 128--How are amounts of SA-HELP assistance paid?
128.1. Payments to higher education providers of loans to students
128.5. Repayment by higher education provider if student does not have tax file number
PART 3-6--HELP BALANCES
128.7. What this Part is about
128.15. HELP balances
128.20. HELP loan limit
128.25. Re - crediting HELP balance--discharge of HELP debt etc.
PART 3-7--STARTUP-HELP ASSISTANCE
Division 128A--Introduction
128A.1. What this Part is about
128A.5. The STARTUP - HELP Guidelines
Division 128B--Who is entitled to STARTUP-HELP assistance?
128B.1. Entitlement to STARTUP - HELP assistance
128B.5. No entitlement: multiple courses at same time
128B.10.No entitlement: not a genuine student
128B.15.No entitlement: unreasonable study load
128B.20.No entitlement: overseas campus
128B.25.Accelerator program course
128B.30.Citizenship or residency requirements
128B.35.Selection of students for receipt of STARTUP - HELP assistance
128B.40.Allocation of STARTUP - HELP assistance
Division 128C--How are amounts of STARTUP-HELP assistance worked out?
128C.1. The amount of STARTUP - HELP assistance for an accelerator program course
128C.5. Up - front payments
128C.10.Maximum accelerator program course fee
Division 128D--How are amounts of STARTUP-HELP assistance paid?
128D.1. Payments to higher education providers
128D.5. Repayment by higher education provider if STARTUP - HELP assistance is reversed
128D.10.Implications of reversal for person's liability to higher education provider for accelerator program course fee
Division 128E--Reversal of STARTUP-HELP assistance
Subdivision 128E-A--Reversal in special circumstances
128E.1. Reversal of STARTUP - HELP assistance: special circumstances
128E.5. Special circumstances
128E.10.Application period
128E.15.Dealing with applications
Subdivision 128E-B--Reversal in other circumstances
128E.20.Reversal of STARTUP - HELP assistance: no tax file number
128E.25.Reversal of STARTUP - HELP assistance: higher education provider completes request for assistance
128E.30.Reversal of STARTUP - HELP assistance: no entitlement
128E.35.Reversal of STARTUP - HELP assistance: no assessment of whether academically suited
40. Reversal of STARTUP - HELP assistance: material non - compliance
CHAPTER 4--Repayment of loans
Division 129--Introduction
129.1. What this Chapter is about
PART 4-1--INDEBTEDNESS
Division 134--Introduction
134.1. What this Part is about
134.5. HELP Debtor Guidelines
Division 137--How do HELP debts arise?
137.1. HELP debts
137.5. HECS - HELP debts
137.10. FEE - HELP debts
137.15. OS - HELP debts
137.16. SA - HELP debts
137.17. STARTUP - HELP debts
137.18. VET FEE - HELP debts
137.19. Pre - 1 July 2019 VSL debts
137.20. HELP debt discharged by death
Division 140--How are accumulated HELP debts worked out?
Subdivision 140-A--Outline of this Division
140.1. Outline of this Division
Subdivision 140-B--Former accumulated HELP debts
140.5. Working out a former accumulated HELP debt
140.10. HELP debt indexation factor
140.20. Publishing HELP debt indexation factors
Subdivision 140-C--Accumulated HELP debts
140.25. Working out an accumulated HELP debt
140.30. Rounding of amounts
140.35. Accumulated HELP debt discharges earlier debts
140.40. Accumulated HELP debt discharged by death
Division 142--Special measures for location-preferred HELP debtors--teachers
142.1. Meaning of location - preferred HELP debtor (teacher)
142.5. Meaning of course of study in education
142.10. Reducing indexation of accumulated HELP debts
142.15. Reducing accumulated HELP debts
142.20. Refunding amounts
Division 144--Special measures for location-preferred HELP debtors--health practitioners
144.1. Meaning of location - preferred HELP debtor (health practitioner)
144.5. Reducing indexation of accumulated HELP debts
144.10. Reducing accumulated HELP debts
144.15. Refunding amounts
144.20. Reviews of this Division
PART 4-2--DISCHARGE OF INDEBTEDNESS
Division 148--Introduction
148.1. What this Part is about
148.3. The Overseas Debtors Repayment Guidelines
Division 151--How is indebtedness voluntarily discharged?
151.1. Voluntary repayments in respect of debts
151.10. Application of voluntary repayments
151.15. Refunding of payments
Division 154--How is indebtedness compulsorily discharged?
Subdivision 154-A--Liability to repay amounts
154.1. Liability to repay amounts
154.5. Repayment income
154.10. Minimum repayment income
154.15. Repayable debt for an income year
Subdivision 154-AA--Liability of overseas debtors to repay amounts
154.16. Liability of overseas debtors to repay amounts
154.17. Assessed worldwide income
154.18. Notices to be given to the Commissioner
Subdivision 154-B--Amounts payable to the Commonwealth
154.20. Amounts payable to the Commonwealth
154.25. Indexation
154.30. Publishing indexed amounts
154.32. Amounts payable to the Commonwealth by overseas debtors
Subdivision 154-C--Assessments
154.35. Commissioner may make assessments
154.40. Notification of notices of assessment of tax
154.45. Commissioner may defer making assessments
154.50. Commissioner may amend assessments
154.55. Higher education providers etc. to provide information to Commissioner
Subdivision 154-D--Application of tax legislation
154.60. Returns, assessments, collection and recovery
154.65. Charges and civil penalties for failing to meet obligations
154.70. Pay as you go (PAYG) withholding
154.80. Pay as you go (PAYG) instalments
154.90. Failures to comply with section 154 - 18
CHAPTER 5--Administration
Division 159--Introduction
159.1. What this Chapter is about
159.5. The Administration Guidelines
PART 5-1--PAYMENTS BY THE COMMONWEALTH
Division 164--Payments by the Commonwealth
164.1. What this Part is about
164.5. Time and manner of payments
164.10. Advances
164.15. Overpayments of Commonwealth grants
164.17. Overpayments of Commonwealth scholarships to students
164.18. Repayment of Commonwealth scholarships paid to students--breach of condition
164.20. Rounding of amounts
PART 5-1A----TUITION PROTECTION
Division 1--Preliminary
166.1. What this Part is about
166.5. Application of this Part
166.10. When a higher education provider defaults in relation to a student
Division 2--Obligations when a provider defaults in relation to a student
166.15. Higher education providers must give notice of default to Higher Education Tuition Protection Director
166.20. Higher education providers must give notice of default to affected students
166.25. Obligation on providers in case of default
166.26. Failure to discharge obligations
166.26A.Providers to notify of outcome of discharge of obligations
166.26B.Student placement service
166.27. Obligations of providers to provide information about replacement courses
166.30. Obligations of replacement providers
166.32. Obligations of replacement providers regarding enrolment information
166.35. Notification obligations where there is no replacement course or student elects re - crediting
166.40. Other tuition protection information must be provided
166.45. Continuing application of Part to certain persons
PART 5-1B----HIGHER EDUCATION TUITION PROTECTION FUND, HIGHER EDUCATION TUITION PROTECTION DIRECTOR AND HIGHER EDUCATION TUITION PROTECTION FUND ADVISORY BOARD
Division 1--Higher Education Tuition Protection Fund
167.1. Name of Fund
167.5. Credits to the Higher Education Tuition Protection Fund
167.10. Purposes of the Higher Education Tuition Protection Fund
Division 2--Higher Education Tuition Protection Director
167.15. Higher Education Tuition Protection Director
167.20. Functions of the Higher Education Tuition Protection Director
167.25. Administrative provisions relating to the Higher Education Tuition Protection Director
Division 3--Higher Education Tuition Protection Fund Advisory Board
167.30. Establishment and membership
167.35. Function of the Higher Education Tuition Protection Fund Advisory Board
167.40. Administrative provisions relating to the Higher Education Tuition Protection Fund Advisory Board
PART 5-2--ADMINISTRATIVE REQUIREMENTS ON HIGHER EDUCATION PROVIDERS
Division 169--Administrative requirements on higher education providers
169.1. What this Part is about
169.5. Notices
169.10. Correction of notices
169.15. Charging student contribution amounts and tuition fees
169.16. Charging accelerator program course fees
169.17. Requirements relating to withdrawal from units of study
169.18. Requirements relating to withdrawal from accelerator program courses
169.20. Exempt students
169.25. Determining census dates and EFTSL values
169.27. Meaning of EFTSL
169.28. Meaning of EFTSL value
169.30. Communications with the Commonwealth concerning students etc.
169.35. 6 week cut off for corrections affecting entitlement to Commonwealth assistance
PART 5-3--ELECTRONIC COMMUNICATIONS
Division 174--Electronic communications
174.1. What this Part is about
174.5. Guidelines may deal with electronic communications
PART 5-4--MANAGEMENT OF INFORMATION
Division 179--Protection of personal information
179.1. What this Division is about
179.5. Meaning of personal information
179.10. Use of personal information
179.15. Meanings of officer etc. and official employment
179.20. When information is disclosed in the course of official employment
179.25. Commissioner may disclose information
179.30. Oath or affirmation to protect information
179.35. Unauthorised access to, or modification of, personal information
179.40. Officer may use information
179.45. This Division does not limit disclosure or use of information
Division 180--Disclosure or use of Higher Education Support Act information
180.1. What this Division is about
180.5. Meaning of Higher Education Support Act information
180.10. Disclosure and use by Commonwealth officers
180.15. Disclosure of information to TEQSA
180.20. Disclosure of information to the National VET Regulator
180.23. Disclosure of information to certain agencies
180.25. Disclosure of information to other bodies
180.28. Disclosure and use of information for the HELP program
180.30. Use of information to conduct surveys
180.35. This Division does not limit disclosure or use of information
Division 181--Protection, disclosure and use of Australia's Economic Accelerator program information
181.1. What this Division is about
181.5. Object of this Division
181.10. Meaning of Australia's Economic Accelerator program information
181.15. Use of Australia's Economic Accelerator program information
181.20. Disclosure of Australia's Economic Accelerator program information to Minister and staff
181.25. Disclosure of Australia's Economic Accelerator program information by Minister
Division 182--Other rules about information
182.1. Minister may seek information from TEQSA and relevant VET regulator
PART 5-5--TAX FILE NUMBERS
Division 184--Introduction
184.1. What this Part is about
Division 187--What are the tax file number requirements for assistance under Chapter 3?
187.1. Meeting the tax file number requirements
187.2. Who is an appropriate officer?
187.5. Student to notify tax file number when issued
Division 190--Who can the Commissioner notify of tax file number matters?
190.1. When tax file numbers are issued etc.
190.5. When tax file numbers are altered
190.10. When tax file numbers are incorrectly notified--students with tax file numbers
190.15. When tax file numbers are incorrectly notified--students without tax file numbers
190.20. When applications are refused or tax file numbers are cancelled
Division 193--Other provisions relating to tax file numbers
193.1. Giving information about tax file number requirements
193.5. No entitlement to HECS - HELP assistance for students without tax file numbers
193.10. No entitlement to FEE - HELP assistance for students without tax file numbers
193.15. No entitlement to SA - HELP assistance for students without tax file numbers
193.20. No entitlement to STARTUP - HELP assistance for students without tax file numbers
PART 5-6--INDEXATION
Division 198--Indexation
198.1. What this Part is about
198.5. The amounts that are to be indexed
198.10. Indexing amounts
198.15. Meaning of indexation factor
198.20. Meaning of index number
PART 5-7--REVIEW OF DECISIONS
Division 203--Introduction
203.1. What this Part is about
Division 206--Which decisions are subject to review?
206.1. Reviewable decisions etc.
206.5. Deadlines for making reviewable decisions
206.10. Decision maker must give reasons for reviewable decisions
Division 209--How are decisions reconsidered?
209.1. Reviewer of decisions
209.5. Reviewer may reconsider reviewable decisions
209.10. Reconsideration of reviewable decisions on request
Division 212--Which decisions are subject to AAT review?
212.1. AAT review of reviewable decisions
PART 5-8--REGULATORY POWERS
215.1. What this Part is about
215.5. Monitoring powers
215.10. Investigation powers
215.15. Civil penalty provisions
215.20. Infringement notices
215.25. Enforceable undertakings
215.30. Injunctions
215.35. Appointment of investigators
215.40. Delegation of regulatory powers
215.45. Contravening offence and civil penalty provisions
215.50. Certain references to higher education provider include references to agent
215.55. Other enforcement action
CHAPTER 7--Miscellaneous
238.1A. Giving false or misleading information
238.1. Delegations by Secretary
238.5. Delegations by Minister
238.6. Delegations by Higher Education Tuition Protection Director
238.7. Review of operation of tuition protection
238.8. Extent of Commissioner's general administration of this Act
238.10. Guidelines
238.12. Appropriation
238.15. Regulations
SCHEDULE 1A VET FEE-HELP Assistance Scheme
SCHEDULE 1 Dictionary
