{"id":"F2023L01341","name":"Higher Education Support (OS-HELP) Guidelines 2023","slug":"higher-education-support-os-help-guidelines-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442118,"registerId":"F2023L01341-fast-fetch-1775957217027","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Support (OS-HELP) Guidelines 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nHigher Education Support (OS-HELP) Guidelines 2023\n\nI, Jason Clare, Minister for Education, make the following guidelines.\n\nDated 29 September 2023   \n\nJason Clare\n\nMinister for Education\n\n \n\n \n\n \n\nContents\n\nChapter 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\nChapter 2—Principles and procedures for selecting students\n\n6  Purpose\n\n7  Principles and procedures for selecting students for receipt of OS-HELP assistance\n\n8  Principles and procedures for selecting students for receipt of supplementary amounts for Asian language study\n\n9  Number of students a higher education provider may select for receipt of  OS-HELP assistance in a year\n\nChapter 3—Definition of Asia\n\n10  Determining whether overseas study is undertaken in Asia\n\nSchedule 1—Repeals\n\nOS-HELP Guidelines 2013\n\n \n\nChapter 1—Preliminary\n\n1  Name\n\n  This instrument is the Higher Education Support (OS-HELP) Guidelines 2023.\n\n2  Commencement\n\n  This instrument commences on the day after this instrument is registered on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under section 238-10 of the Higher Education Support Act 2003.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in Schedule 1 to the Act, including the following:\n\n(a) course of study;\n\n(b) higher education award; \n\n(c) higher education provider;\n\n(d) FEE‑HELP assistance\n\n(e) OS-HELP assistance;\n\n(f) student;\n\n(g) supplementary amount for Asian language study.\n\n  In this instrument:\n\nAct means the Higher Education Support Act 2003.\n\nGuidelines means these Higher Education Support (OS-HELP) Guidelines 2023.\n\noverseas study means study undertaken outside of Australia that counts towards the course requirements of the course of study in which the student is enrolled with their home provider.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n\n\n\nChapter 2—Principles and procedures for selecting students\n\n6  Purpose\n\n  This chapter sets out, for the purposes of subsection 118-15(1) of the Act, principles and procedures that higher education providers must follow in deciding whether to select students for receipt of OS-HELP assistance and supplementary amounts for Asian language study.\n\n7  Principles and procedures for selecting students for receipt of OS-HELP assistance\n\nOS-HELP assistance policy\n\n (1) A higher education provider must maintain an OS-HELP assistance policy, which is publicly available and accords with these Guidelines and the fairness requirements in subdivision 19-D of Part 2-1 of the Act as in force from time to time.\n\n (2) A higher education provider’s OS-HELP assistance policy must include information on:\n\n (a) how students may apply for OS-HELP assistance, including application opening and closing dates, and what information a student must provide in support of their application to meet the assessment criteria in the provider’s policy and the eligibility criteria in the Act;\n\n (b) the criteria the provider will use to assess students’ applications for   OS-HELP assistance and to establish an order of merit for receipt of   OS-HELP assistance;\n\n (c) how the provider will determine the amount of OS-HELP assistance to be paid to each selected student, including, if applicable, the minimum amount of OS-HELP assistance a student may receive;\n\n (d) how and when payments of OS-HELP assistance will be made to selected students, including any restrictions on payment dates;\n\n (e) requirements relating to the OS-HELP debt confirmation form, including what information must be given by selected students in the form and when the form must be signed and given by students to the provider; and\n\n (f) whether any conditions will apply to students in receipt of OS-HELP assistance and how and when selected students will be informed of these conditions.\n\n (3) A higher education provider must select students for OS-HELP assistance in accordance with the provider’s OS-HELP assistance policy.\n\n (4) A higher education provider must be responsible for its own application and selection process and must be the first point of contact for students interested in applying for OS-HELP assistance.\n\n (5) A higher education provider must make information about the application, selection and offer processes, selection policy and conditions of OS-HELP assistance available to all students.\n\nOS-HELP debt confirmation form\n\n (6) A higher education provider must require that a student selected to receive   OS-HELP assistance give to the provider a signed and completed OS-HELP debt confirmation form, prior to making a payment of OS-HELP assistance to the student. The provider must require the student to complete the form at the time specified in its OS-HELP assistance policy.\n\n (7) A higher education provider must require the selected student to give the following information in the OS-HELP debt confirmation form:\n\n (a) the amount of OS-HELP assistance the student will receive;\n\n (b) the commencement date for the period of six months in relation to which the student is entitled to receive OS‑HELP assistance;\n\n (c) the date on which the student will begin overseas study; and\n\n (d) any other information specified in the provider’s OS-HELP assistance policy.  \n\n (8) A higher education provider must ensure that a student does not specify a commencement date in their OS-HELP debt confirmation form that is before the date on which the student begins overseas study.\n\nStudents undertaking a second six-month study period that is a continuation of a six-month period\n\n (9) A higher education provider must not select a student for receipt of OS-HELP assistance in relation to a six month period that overlaps with another six month period for which the student has received OS-HELP assistance. For example, if a student has received OS-HELP assistance on 1 January, the student may not then be selected to receive assistance before 2 July of that year.\n\n (10) A higher education provider must determine that the period of six months in relation to which a student is entitled to receive OS‑HELP assistance begins on the commencement date specified by a student in their OS-HELP debt confirmation form.\n\n (11) In relation to a six month period that is a continuation of a six month period for which the student has already received OS‑HELP assistance, a higher education provider must not determine that the student meets the requirements for entitlement to OS-HELP assistance in section 118-1 of the Act more than six weeks before the commencement of the second six month period.\n\nAdministrative procedures\n\n (12) A higher education provider must notify students who apply for OS-HELP assistance of the outcome of the selection process, in writing, either within two months of receiving the application or within two months of the application closing date, whichever is later.\n\n (13) A higher education provider must advise a selected student, in writing, of the offer of OS-HELP assistance and the conditions of receiving the assistance.\n\n (14) Where a higher education provider has offered OS-HELP assistance to a student, and subsequently determines that the student is not entitled to OS-HELP assistance under section 118-1 of the Act, the provider must withdraw the offer of OS-HELP assistance if the student has not yet been paid and must notify the student of this in writing.\n\n (15) Where a higher education provider knows, or has reason to suspect, that a student in receipt of OS‑HELP assistance has provided false or misleading information on their application for OS-HELP assistance, the provider must immediately notify the Department of the suspected offence and provide the student’s application and any other relevant information or material requested by the Department.\n\n (16) A higher education provider must pay the amount of OS-HELP assistance to a selected student in a single payment unless the student is also eligible for receipt of a supplementary amount of Asian language study then the provider may pay that supplementary amount in another payment.\n\n (17) A higher education provider must not pay OS-HELP assistance to a selected student more than six months earlier than the commencement of the six month period to which the OS-HELP assistance relates.\n\n8  Principles and procedures for selecting students for receipt of supplementary amounts for Asian language study\n\n (1) A higher education provider must not select a student for receipt of supplementary amounts for Asian language study who is taking Asian language study as part of a course of study leading to a higher education award in respect of which the student is Commonwealth supported or in receipt of FEE‑HELP assistance.\n\n (2) Prior to selecting a student for receipt of supplementary amounts for Asian language study, the higher education provider must be satisfied that the Asian language study provides appropriate preparation for the student’s overseas study in Asia with respect to course requirements and the skills and knowledge the student will need to allow them to successfully complete their overseas study.\n\n (3) A higher education provider must only select a student for receipt of supplementary amounts for Asian language study if the language study the student is undertaking relates to the overseas study in Asia for which the student is receiving OS-HELP assistance.\n\n (4) If a student’s Asian language study is not undertaken at the higher education provider through which the student receives the OS-HELP assistance, the provider must require the student to provide evidence that they are undertaking the Asian language study at another higher education provider, which could include:\n\n (a) proof of the student’s enrolment in the language course;\n\n (b) proof of the student’s application for enrolment in the language course;\n\n (c) a signed declaration from the student detailing the language study the student is undertaking.\n\n9  Number of students a higher education provider may select for receipt of   OS-HELP assistance in a year\n\n  A higher education provider must not, in a year, select a number of students for receipt of OS-HELP assistance in excess of the number of loans for overseas study as advised in writing to the provider by the Department.\n\nNote: The total number of loans for overseas study for a year will not exceed 20,000 for all higher education providers.\n\n \n\n\n\n\nChapter 3—Definition of Asia\n\n10  Determining whether overseas study is undertaken in Asia\n\n  For the purposes of subsection 121-5(2) of the Act, a student is undertaking overseas study in Asia if the student is undertaking study in one of the following countries:\n\n (a) Bangladesh;\n\n (b) Bhutan;\n\n (c) Brunei Darussalam;\n\n (d) Cambodia;\n\n (e) China (excludes Special Administrative Regions (SARs) and Taiwan);\n\n (f) Hong Kong (SAR of China);\n\n (g)  India;\n\n (h) Indonesia;\n\n (i) Japan;\n\n (j) Korea, Democratic People’s Republic of (North);\n\n (k) Korea, Republic of (South);\n\n (l) Laos;\n\n (m) Macau (SAR of China);\n\n (n) Malaysia;\n\n (o) Maldives;\n\n (p) Mongolia;\n\n (q) Myanmar;\n\n (r) Nepal;\n\n (s) Pakistan;\n\n (t) Philippines;\n\n (u) Singapore;\n\n (v) Sri Lanka;\n\n (w) Taiwan;\n\n (x) Thailand;\n\n (y) Timor-Leste; and\n\n (z) Vietnam.\n\nNote: The countries are listed as described in the Australian Bureau of Statistics’ Standard Australian Classification of Countries.\n\n\n\n\nSchedule 1—Repeals\n\nOS-HELP Guidelines 2013\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Guidelines remain tightly focused on their original purpose: setting administrative procedures for OS-HELP loans. The 2023 version updates the 2013 Guidelines without expanding into new policy areas. The scope is limited to selection procedures, debt confirmation processes, Asian language supplementary amounts, and the geographic definition of Asia — all consistent with the original legislative intent under the Higher Education Support Act 2003."},"complexity_factors":["Short instrument (approximately 1,500 words across 10 sections)","Only 2 defined terms in the instrument itself ('Act' and 'Guidelines'), though it references 7 defined terms from the parent Act","Minimal cross-referencing — primarily references to specific subsections of the Higher Education Support Act 2003 (sections 118-15(1), 118-1, 121-5(2))","Straightforward procedural structure: definitions → selection principles → administrative procedures → country list","Simple conditional logic with clear prohibitions ('must not') and requirements ('must')","No nested exceptions or complex definitional chains","Schedule 1 is a simple repeal of the 2013 version"],"plain_english_summary":"These Guidelines set how Australian universities and higher‑education providers must run OS‑HELP loans—government loans to help Australian students cover living and travel costs while studying overseas. They require providers to publish application and selection policies, get students to sign debt confirmations, prevent overlapping six‑month loans, and enforce a 20,000‑loan annual cap.\n\nThey also limit Asian‑language bonus loans to genuine preparation for study in Asia and stop students getting duplicate Commonwealth or FEE‑HELP support. The rules promote fair, transparent use of limited public funds."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the OS-HELP Guidelines 2013 (Schedule 1) and reissues rules that more explicitly prescribe provider duties on selection policy, administrative timeframes, payment timing, overlap restrictions for six‑month study periods, Department-advised per-provider loan allocations and an enumerated list of countries defined as Asia (see Chapters 2 and 3). Those changes adjust procedural scope and operational requirements providers must follow."},"complexity_factors":["Cross-references to the Higher Education Support Act for authority and eligibility rules (Authority: s3; purpose links to s6 and subsection 118-15(1) of the Act).","Requirement for each provider to maintain a public OS-HELP assistance policy and follow fairness requirements (policy content and publication obligations: s7(1)–(5)).","Detailed administrative requirements for applications, written notifications, and timing (application outcome timelines: s7(12); offer/withdrawal procedures: s7(13)–(14)).","Mandatory signed OS-HELP debt confirmation form before any payment and required contents (s7(6)–(8)); payment timing limits (no more than six months early: s7(17)).","Rules preventing overlapping six-month OS-HELP periods and limits on early entitlement determinations for continuations (s7(9)–(11)).","Separate rules for supplementary Asian-language amounts, including eligibility exclusions, relevance to overseas study, and evidence where language study is at another provider (s8(1)–(4)).","Allocation constraints: providers cannot select more students than the number advised by the Department; national cap note (per-provider advice and 20,000 total cap) referenced in s9 and the accompanying note.","A defined, enumerated list of countries that constitute 'Asia' for the purpose of supplementary amounts (s10) — a closed list reduces uncertainty but requires upkeep if classifications change.","Repeal of the prior OS-HELP Guidelines 2013 (Schedule 1), meaning operational practices may need updating to align with the reissued rules."],"plain_english_summary":"Replaces earlier OS-HELP Guidelines and prescribes how universities choose and pay students OS‑HELP loans and Asian-language supplements. It requires providers to keep a public selection policy, collect a signed debt-confirmation form before payment, meet timing and overlap rules for six‑month study periods, and observe Department-advised per-provider loan limits; it also lists the countries that qualify as 'Asia'. Providers select and pay students; the Commonwealth caps total loans and controls allocations."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-support-os-help-guidelines-2023","history":"/api/acts/higher-education-support-os-help-guidelines-2023/history","analysis":"/api/acts/higher-education-support-os-help-guidelines-2023/analysis","conflicts":"/api/acts/higher-education-support-os-help-guidelines-2023/conflicts","importantCases":"/api/acts/higher-education-support-os-help-guidelines-2023/important-cases","documents":"/api/acts/higher-education-support-os-help-guidelines-2023/documents"}}