HIGHER EDUCATION SUPPORT ACT 2003 NO. 149, 2003
Table of Provisions
CHAPTER 1--Introduction
Division 1--Preliminary
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 (Chapter 2)
- 3.10 Assistance to students (Chapter 3)
- 3.15 Repayment of loans (Chapter 4)
- 3.20 Administration (Chapter 5)
- 3.25 Provision of higher education in the external Territories (Chapter 6)
CHAPTER 2--Grants for higher education assistance
Division 8--Introduction
- 8.1 What this Chapter is about
PART 2-1--HIGHER EDUCATION PROVIDERS
Division 13--Introduction
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 Subdivision 16-C--How are bodies approved as higher education providers?
- 16.25 Approval by the Minister
- 16.30 The tuition assurance requirements
- 16.35 Additional requirements for non self-accrediting providers
- 16.40 Application
- 16.45 Minister may seek further information
- 16.50 Minister to decide application
- 16.55 Disallowance of approval
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 Subdivision 19-C--The quality requirements
- 19.15 Provider must maintain quality
- 19.20 Provider (other than Table A provider) to comply with National Protocols etc.
- 19.25 Quality assuranceprovider (other than Table A provider)
- 19.27 Quality assuranceTable A provider Subdivision 19-D--The fairness requirements
- 19.30 Basic requirement
- 19.35 Benefits and opportunities must be available equally to all students
- 19.40 Compliance with the tuition assurance requirements
- 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
- 19.70 Provider to provide statement of general information
- 19.75 Notice of events that affect provider's ability to comply with conditions of Commonwealth assistance Subdivision 19-F--What are the contribution and fee requirements?
- 19.85 Basic requirement
- 19.90 Determining student contribution amounts and tuition fees
- 19.95 Schedules of student contribution amounts per place and tuition fees
- 19.100 Limits on tuition fees for courses of study
- 19.105 Meaning of tuition fee
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-B--Revocation for cause
- 22.5 Revocation of approval if application for approval as a provider is false or misleading
- 22.10 Revocation of approval as a provider if body ceases to be a university etc.
- 22.15 Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements Subdivision 22-C--Process for decisions on revocation under Subdivision 22-B
- 22.20 Process for revoking approval as a provider for loss of status or a breach
- 22.25 Determination retaining approval as a provider in respect of existing students
- 22.30 Suspension of approval as a provider
- 22.35 Disallowance of revocation Subdivision 22-D--Revocation of approval on application
- 22.40 Revocation of approval as a provider on application
PART 2-2--COMMONWEALTH GRANT SCHEME
Division 27--Introduction
Division 30--Which higher education providers are eligible for a grant?
Subdivision 30-A--Basic rules- 30.1 Eligibility for grants
- 30.5 Maximum grants Subdivision 30-B--Allocation of places
- 30.10 Allocation of places
- 30.15 Funding clusters
- 30.20 National priorities Subdivision 30-C--Funding agreements
- 30.25 Funding agreements
Division 33--How are grant amounts worked out?
Subdivision 33-A--Basic rule- 33.1 How grant amount is worked out Subdivision 33-B--Basic grant amounts
- 33.5 Basic grant amounts
- 33.10 Commonwealth contribution amounts
- 33.15 Increases in assistance for higher education providers meeting certain requirements Subdivision 33-C--Adjustments
- 33.20 Adjustments in accordance with guidelines
- 33.25 Adjustments that apply in the absence of guidelines
- 33.30 Working out the number of Commonwealth supported places provided
- 33.35 Funding clusters in which units of study are included 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
- 36.15 Persons not to be advised they are Commonwealth supported
- 36.20 Providers to repay amounts if Student Learning Entitlement is re-credited Subdivision 36-C--Conditions relating to enrolment
- 36.25 Continued support for Commonwealth supported students
- 36.30 Providers to fill Commonwealth supported places before accepting other enrolments
- 36.35 Percentage of Commonwealth supported places to be provided by Table A providers
- 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
- 36.50 Provider must not accept up-front payments of more than 80% of 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 2-3--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
- 41.50 Grant amounts is disallowable instrument
PART 2-4--GRANTS FOR COMMONWEALTH SCHOLARSHIPS
Division 46--Grants for Commonwealth scholarships
- 46.1 What this Part is about
- 46.5 The Commonwealth Scholarships Guidelines
- 46.10 Classes of Commonwealth scholarships
- 46.15 Who is eligible to receive a grant from the Commonwealth for 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
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?
Division 60--How are decisions reducing a grant or requiring repayment of a grant made?
CHAPTER 3--Assistance to students
Division 65--Introduction
- 65.1 What this Chapter is about
PART 3-1--STUDENT LEARNING ENTITLEMENT
Division 70--Introduction
Division 73--What is a person's Student Learning Entitlement?
- 73.1 A person's Student Learning Entitlement
- 73.5 Ordinary SLE
- 73.10 Meaning of EFTSL
- 73.15 Meaning of EFTSL value
- 73.20 Additional SLE
- 73.22 Life long SLE
- 73.25 SLE not transferable
- 73.30 Ceasing to be an eligible person
Division 76--When is a person's Student Learning Entitlement reduced?
- 76.1 Reducing a person's SLE
- 76.5 Reducing a person's additional SLE
- 76.10 Reducing a person's life long SLE
Division 79--In what circumstances can a person's Student Learning Entitlement be re-credited?
- 79.1 Re-crediting a person's SLE
- 79.5 Special circumstances
- 79.10 Application period
- 79.15 Dealing with applications
Division 82--When is a unit of study covered by a person's Student Learning Entitlement?
- 82.1 General rule
- 82.5 Availability of a person's SLE
- 82.10 Additional SLE
- 82.15 Simultaneous enrolments that exceed a person's SLE
PART 3-2--HECS-HELP ASSISTANCE
Division 87--Introduction
Division 90--Who is entitled to HECS-HELP assistance?
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 amounts per place
- 93.15 Up-front payments
Division 96--How are amounts of HECS-HELP assistance paid?
- 96.1 Payments to higher education providersno up-front payment of student contribution amount
- 96.5 Payments to higher education providerspartial up-front payment of student contribution amount
- 96.10 Payments to higher education providersfull up-front payment of student contribution amount
PART 3-3--FEE-HELP ASSISTANCE
Division 101--Introduction
Division 104--Who is entitled to FEE-HELP assistance?
Subdivision 104-A--Basic rules- 104.1 Entitlement to FEE-HELP assistance
- 104.5 Citizenship or residency requirements
- 104.10 Course requirements Subdivision 104-B--FEE-HELP balances
- 104.15 A person's FEE-HELP balance
- 104.20 The FEE-HELP limit
- 104.25 Re-crediting a person's FEE-HELP balance
- 104.30 Special circumstances
- 104.35 Application period
- 104.40 Dealing with applications 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
- 104.75 Meanings of student load and maximum BOTP student load
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 must not exceed the FEE-HELP balance
Division 110--How are amounts of FEE-HELP assistance paid?
PART 3-4--OS-HELP ASSISTANCE
Division 115--Introduction
Division 118--Who is entitled to OS-HELP assistance?
- 118.1 Entitlement to OS-HELP assistance
- 118.5 Citizenship or residency requirements
- 118.10 Overseas study requirements
- 118.15 Selection of students for receipt of OS-HELP assistance
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 amount
- 121.10 Minimum OS-HELP amounts
Division 124--How are amounts of OS-HELP assistance paid?
- 124.1 Amounts of OS-HELP assistance are lent to students
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
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
- 137.20 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
- 140.15 Index numbers
- 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
PART 4-2--DISCHARGE OF INDEBTEDNESS
Division 148--Introduction
- 148.1 What this Part is about
Division 151--How is indebtedness voluntarily discharged?
- 151.1 Voluntary repayments in respect of debts
- 151.5 Voluntary repayment bonus relating to HELP 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-B--Amounts payable to the Commonwealth
- 154.20 Amounts payable to the Commonwealth
- 154.25 Indexation
- 154.30 Publishing indexed amounts 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
- 154.75 Provisional tax
- 154.80 Pay as you go (PAYG) instalments
CHAPTER 5--Administration
Division 159--Introduction
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
- 164.20 Rounding of amounts
- 164.25 Appropriation
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
- 169.20 Exempt students
- 169.25 Determining census dates and EFTSL values
- 169.30 Communications with the Commonwealth concerning students etc.
PART 5-3--ELECTRONIC COMMUNICATIONS
Division 174--Electronic communications
- 174.1 What this Part is about
- 174.5 Electronic communications from students to higher education providers
- 174.10 Electronic communication by students of students' signatures
- 174.15 The effect of sections 174-5 and 174-10
- 174.20 Notices electronically communicated from higher education providers to students
- 174.25 Guidelines may deal with electronic communications from higher education providers to students
PART 5-4--PROTECTION OF PERSONAL INFORMATION
Division 179--Protection of personal information
- 179.1 What this Part 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
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
Division 190--In what circumstances can higher education providers be notified 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 notifiedstudents with tax file numbers
- 190.15 When tax file numbers are incorrectly notifiedstudents without tax file numbers
- 190.20 When applications are refused or tax file numbers are cancelled
Division 193--What are the requirements on higher education providers relating to tax file numbers?
- 193.1 Giving information about tax file number requirements
- 193.5 Cancelling enrolments of people 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
- 198.25 Review of indexation
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
CHAPTER 6--The provision of higher education in the external Territories
Division 217--Introduction
- 217.1 What this Chapter is about
PART 6-1--APPROVAL AND ACCREDITATION
Division 222--Introduction
- 222.1 What this Part is about
Division 225--How does a person obtain approval and accreditation?
- 225.1 Application for approval as self-accrediting entity or for accreditation of course
- 225.5 Approving a person as a self-accrediting entity
- 225.10 Accrediting a course of study
- 225.15 Duration of approval and accreditation
- 225.20 Amending or revoking an approval or accreditation
- 225.25 Fees
Division 228--Limitations upon operations of certain persons in the external Territories
- 228.1 Persons without accreditation not to operate as universities or other provider in external Territories
- 228.5 Persons without accreditation not to offer higher education awards or courses in external Territories
- 228.10 Persons without accreditation not to describe themselves as universities in external Territories
- 228.15 Meanings of operating and offering
PART 6-2--USE OF COMPANY NAMES AND BUSINESS NAMES
Division 233--Use of company names and business names
- 233.1 Law in force in external Territory not to allow company or business names using the word "university" etc.