CHAPTER 1 INTRODUCTION
CHAPTER 1 INTRODUCTION
CHAPTER 1 INTRODUCTION
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These guidelines set out administrative rules universities and higher‑education providers must follow under the Higher Education Support Act 2003 to ensure consistent treatment of student fees, loans, enrolments and related services.
They affect providers and students by prescribing how SSAFs, HELP loans and Commonwealth Assistance Notices are handled, how census dates, study loads and industry placements operate, and the standards for secure electronic communications and appeals—protecting student rights and provider obligations.
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Direct links to the current provisions in Administration Guidelines 2012.
CHAPTER 1 INTRODUCTION
1.1.1 The purpose of these guidelines is to:
1.5.5 In these guidelines, unless the contrary intention appears:
the Act means the Higher Education Support Act 2003;
course means course of study;
Department means the department that administers these guidelines.
FEE-HELP loan fee means the fee applied to a FEE-HELP loan as specified in paragraph 137-10(2)(a) of the Act;
First Half Year means the part of a year that commences on 1 January 2013 or a later year and ends on 30 June of that year;
GST means Goods and Services Tax as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999;
Initial First Half Year means the part of a year that commences on 1 January 2012 and ends on 30 June of that year;
notice means a notice entitled “Commonwealth Assistance Notice”, as specified in chapter 2 of these guidelines;
published census date(s) has the meaning given in paragraph 6.10.5 of these guidelines, and may be a specific date, or as referenced by the higher education provider
published EFTSL value(s) has the meaning given in paragraph 6.10.5 of these guidelines
Second Half Year means the part of a year that commences on 1 July and ends on 31 December of that year; and
unit means unit of study.
1.5.10 Terms in these guidelines that are in italics have the meaning stated in 1.5.5 of these guidelines.
CHAPTER 2 DETERMINING AND PUBLISHING STUDENT SERVICES AND AMENITIES FEES
The purpose of this chapter is to:
2.5.1 For the purposes of paragraph 19-37(5)(b) of the Act, a higher education provider may determine a student services and amenities fee in accordance with paragraph 19‑37(5)(e) and, subject to paragraph 2.10, the amount of the student service and amenities fee may apply to all persons or may be one or more amounts that apply to a particular category of persons who are enrolled or seeking to enrol with the provider for a period starting on or after 1 January 2012.
2.5.5 For the purposes of paragraph 19-37(5)(e) of the Act, if a provider determines a fee in accordance with paragraph 2.5.1, the provider must specify the period to which the fee relates and the persons or categories of persons to who the fee relates.
2.5.10 When determining an amount of a student services and amenities fee, a higher education provider must not have regard to any matter related to the manner or timing of:
2.5.15 Without limiting the generality of paragraph 2.5.1 of these Guidelines, a higher education provider may choose to determine different amounts for particular categories of persons who are enrolled or seeking to enrol with the provider, including a zero amount for a student services and amenities fee.
Note: categories of persons can be determined on any reasonable and relevant basis, including: mode of attendance (i.e. external and internal), type of course (i.e. undergraduate and postgraduate) or equity status (i.e. low SES and indigenous).
2.5.20 Any amount of a student services and amenities fee determined by a higher education provider must be a GST inclusive amount, to the extent that any GST is payable by the person required to pay the fee.
2.10.1 For the purposes of paragraph 19-37(5)(c) of the Act, a student services and amenities fee determined by a higher education provider for a person or persons who are enrolled or seeking to enrol with the provider on a part-time basis must be no more than 75 per cent of the maximum student services and amenities fee that the provider determines for persons enrolled or seeking to enrol with the provider on a full-time basis.
For the purposes of this paragraph 2.10.1, the term “part-time basis” means a study load of less than 75 per cent of the normal full-time student load for the period to which the fee relates.
2.15.1 For the purpose of paragraph 19-37(5)(d) of the Act, the day on which a fee is payable must not be earlier than the last day on which a student, who is required to pay the fee, is able to enrol with the provider in a *course of study or *bridging course for overseas-trained professionals that is be undertaken with the provider in the period to which the fee relates.
2.15.5 For purposes of paragraph 2.15.1 of these Guidelines, the reference to the last day on which a student is able to enrol with the provider means the enrolment closing date as specified by the provider.
2.20.1 Subject to paragraph 2.20.5, a higher education provider may only vary a determination of a student services and amenities fee and/or the day on which a student services and amenities fee is payable if:
the variation is:
necessary because of circumstances that did not apply at the time the fee, and/or the day on which the fee is payable, was determined under paragraph 19-37(5)(b) of the Act; or
to correct an administrative error; and
the higher education provider has advised the Department, in writing to ssaf@innovation.gov.au, of its intention to vary the determination of a student services and amenities fee and/or the day on which the fee is payable at least 5 working days before making the variation.
2.20.5 A variation of a student services and amenities fee and/or the day on which the fee is payable for any period that will, in the higher education provider’s reasonable view, disadvantage any person enrolled, or seeking to enrol, with the provider may only be made up to two months before the date of commencement of the period.
2.20.10 Without limiting the generality of paragraph 2.20.5 of these Guidelines, a person will be disadvantaged by a variation that increases the student services and amenities fee, and/or a variation that changes the day on which the fee is payable to an earlier day.
2.25.1 For the purpose of subparagraph 19-37(6)(a)(i) of the Act, a higher education provider must publish:
2.25.5 A higher education provider must publish the information under subparagraphs 19‑37(6)(a)(i) of the Act, paragraph 2.25.1 of these Guidelines and the notice pursuant to 19‑37(6)(a)(ii) of the Act by:
2.25.10Where a higher education provider is making this information available only through the Internet or in other electronic format, the higher education provider must also provide students with access to an information system via which the student can access the information.
2.30.1 This section only applies if sections 2.20.1 and 2.20.5 of these guidelines both apply.
2.30.5 A higher education provider that varies a published student services and amenities fee or day on which the fee is payable must publish the varied fee or day payable no later than two weeks after making the variation.
2.30.10Where a higher education provider is making this information available only through the Internet or in other electronic format, the higher education provider must also provide students with access to an information system via which the student can access the information.
CHAPTER 3 SPECIAL CIRCUMSTANCES
3.1.1 The purpose of this chapter is to specify the circumstances in which a higher education provider will be satisfied that special circumstances apply to the person that:
3.5.1 A higher education provider will be satisfied that a person’s circumstances are beyond that person’s control if a situation occurs which a reasonable person would consider is not due to the person’s action or inaction, either direct or indirect, and for which the person is not responsible.
3.5.5 The situation referred to in paragraph 3.5.5 must be unusual, uncommon or abnormal.
3.10.1 A higher education provider will be satisfied that a person’s circumstances did not
make their full impact on the person until on or after the census date for a unit of study if the person’s circumstances occur:
3.15.1 A higher education provider will be satisfied that a person’s circumstances make it impracticable for the person to complete the requirements for the unit of study during the period which the person undertook, or was to undertake, the unit if circumstances such as the following occur:
A person is unable to complete the requirements for a unit if the person is unable to:
3.20.1 Higher education providers must publish the timeframe within which they will consider applications, and within which it will notify applicants of their decision. The method of publication is to be determined by the higher education provider.
3.20.5 In accordance with section 27A of the Administrative Appeals Tribunal Act 1975, the
higher education provider is obliged to advise the applicant that, if they are dissatisfied
with the initial decision, they may apply to the higher education provider for a review of
that decision. The application must be made in accordance with the provisions of and the timeframes specified in the Administrative Appeals Tribunal Act 1975.
3.20.10 In accordance with section 209-10 of the Higher Education Support Act 2003, the
application must be made by written notice and must be made within 28 days, or such
longer period as the reviewer allows, after the day on which the person first received
written notice of the decision.
CHAPTER 4 NOTICES TO STUDENTS
The purpose of this chapter is to specify the:
notice that a higher education provider must, under subsection 169-5(1) of the Act, give to a person who is enrolled with the provider for a unit of study and who:
is seeking Commonwealth assistance for the unit or for a student services and amenities fee imposed on the person by the provider; or
is a Commonwealth supported student for the unit.
information that a notice must contain under subsection 169‑5(2) of the Act; and
period within which a notice must be given under subsection 169-5(3) of the Act.
4.3.1 A higher education provider must give a notice to any person who meets the requirements of paragraph 4.1.1(a) of these guidelines.
4.5.1 The notice must include the title ‘Commonwealth Assistance Notice’.
4.5.5 The notice must include the following information, as applicable, to the person’s enrolment at the census date for the unit(s) of study to which the notice applies:
4.5.10 For each unit of study, the notice must include the following information, as applicable, to each person’s enrolment:
the identification code;
the census date;
whether the person is required to make a student contribution or pay tuition fees or is an exempt student (which may be referred to as the person’s ‘status’);
the EFTSL value;
the student contribution amount;
the tuition fee amount;
the amount of up-front payment;
the amount of HECS-HELP discount;
the amount of HECS-HELP debt;
the amount of FEE-HELP assistance;
the amount of the FEE-HELP loan fee; and
the amount of FEE-HELP debt.
Where the information required under paragraphs 4.5.10(b) and 4.5.10(c) of these guidelines is identical in respect of all of the units of study to which the notice applies, that information may be provided for the notice as a whole under paragraph 4.5.5 of these guidelines.
4.5.17 In 2005, higher education providers unable to include in a notice the details required under paragraph 4.5.10 of these guidelines for each unit of study may include the details for each course of study within which the units of study are undertaken.
Where a higher education provider has selected a person to receive OS-HELP assistance, the notice must include the following information:
the six month period to which the OS-HELP assistance relates;
the amount of OS-HELP assistance for the relevant six month period;
the amount of the OS-HELP loan fee for the relevant six month period; and
Where a person is seeking Commonwealth assistance for a student services and amenities fee imposed on the person by the provider, the notice must include the following information:
the amount of the student services and amenities fee;
the day on which that student services and amenities fee was payable; and
the amount of SA-HELP debt in respect of that student services and amenities fee.
4.5.25 A notice that contains information in respect of FEE‑HELP assistance must prominently display the following statement:
“It is your responsibility to ensure that you have sufficient FEE-HELP balance to cover the FEE-HELP amounts indicated in this notice. You are eligible for the amounts of FEE‑HELP assistance contained in this notice only if you have sufficient FEE-HELP balance to cover those amounts.”
4.5.27 A notice that contains information in respect of Commonwealth support or FEE‑HELP assistance must prominently display the following statement:
“The information regarding Commonwealth assistance contained in this notice is correct only insofar as you have correctly advised this higher education provider of your entitlement to that assistance under the Higher Education Support Act 2003.”
4.5.30 A notice must include information on the person’s right, under sections 169-10(2) to 169‑10(4) of the Act, to request the correction of information contained in the notice.
4.5.35 A notice may contain other information as determined by the higher education provider.
4.10.5 A notice that contains information in respect of unit(s) of study (including unit(s) in course(s) of study under paragraph 4.5.17 of these guidelines) that are Commonwealth supported, or for which the person has sought FEE‑HELP assistance, must be given within 28 days of the earliest census date indicated in the notice under paragraph 4.5.10(b) of these guidelines.
4.10.7 A notice that contains information in respect of SA-HELP assistance must be given to a person by the later of:
Note: Where a date cannot be determined under subparagraph 4.10.7(b) the notice required under this paragraph 4.10.7 must be given in accordance with subparagraph 4.10.7(a).
4.10.10 A notice that contains information in respect of OS-HELP assistance must be given within 28 days of the date on which the OS-HELP debt was incurred.
CHAPTER 5 WORK EXPERIENCE IN INDUSTRY
5.1.1 The purpose of this chapter is to specify the:
5.5.1 Work is not work experience in industry if all the following are performed by staff of the higher education provider or by persons engaged by the higher education provider:
5.10.1 A student undertaking a given unit of study that wholly consists of work experience in industry is an exempt student under subsection 169-20(2) of the Act unless all the following are performed by staff of the higher education provider or by persons engaged by the higher education provider:
CHAPTER 6 PUBLICATION REQUIREMENTS FOR CENSUS DATES AND EFTSL VALUES
6.1.1 The purpose of this chapter is to specify the:
Periods under subsection 169-25(1) of the Act;
Date by which, and the manner in which, census dates and EFTSL values must be published by a higher education provider under subsection 169-25(3) of the Act;
Date before which a variation to a published census date or EFTSL value may be made under subparagraph 169-25(4)(a)(i) of the Act;
Circumstances in which a published census date or EFTSL value may be varied under subparagraph 169-25(4)(a)(ii) of the Act; and
Date by which, and the manner in which, a varied census date or EFTSL value must be published under subsection 169-25(5) of the Act;
Requirements for determining a census date under subsection 169-25(2) of the Act.
6.5.5 For the purposes of subsection 169-25(1) of the Act the period commences on the earliest enrolment date for the unit as determined by the higher education provider and ends on the completion date for the unit as determined by the higher education provider.
6.5.10 The periods specified in paragraph 6.5.5 of these guidelines are relevant only for the purposes of subsection 169-25(1) of the Act and paragraph 6.10.5 of these guidelines.
6.10.5 In accordance with subsection 169-25(3) of the Act, the higher education provider must publish census dates (“published census date(s)”) and EFTSL values (“published EFTSL value(s)”) for units of study on the higher education provider’s website on or before the earliest enrolment date for the units of study as determined by the higher education provider.
6.20.1 For the purposes of paragraph 169-25(4)(a) of the Act, a higher education provider may only vary a published census date or published EFTSL value if the variation occurs prior to the published census date for the unit, and:
6.20.5 Without limiting the generality of paragraph 6.20.1(a) of these guidelines, a student will be disadvantaged by a variation that:
6.25.1 This section applies only if subsection 6.20.1 of these Guidelines applies.
6.25.5 For the purposes of subsection 169-25(5) of the Act, a higher education provider that varies a published census date or published EFTSL value must publish the varied census date or EFTSL value on the higher education provider’s website as soon as practicable after making that decision.
6.30.1 For the purposes of subsection 169-25(2) of the Act, the date determined to be the census date under paragraph 169-25(1)(a) must not occur less than 20 per cent of the way between the unit commencement and completion dates.
CHAPTER 7 DETERMINING THE EFTSL VALUE OF A UNIT OF STUDY
7.1.1 The purpose of this chapter is to set out the requirements that higher education providers
must adhere to when determining the EFTSL value for a unit of study (section 169-28 of
the Act).
7.5.1 An EFTSL value for a unit of study represents the study load for that unit. A study load
for a unit of study is expressed as a proportion of the standard study load for one full-time
year of the course of study of which the unit forms part, as determined by a higher
education provider. A standard study load for one year of a course of study is determined in accordance with paragraphs 7.5.15 to 7.5.25 of these guidelines.
7.5.5 The aggregated EFTSL values for units of study undertaken by a full-time student doing a standard study load for one year of a course of study would normally add to 1.0.
7.5.10 Students doing more than the standard study load would generate EFTSL values adding
to more than 1.0 for the relevant year of study; students doing less than the standard
study load would generate EFTSL values adding to less than 1.0 for the relevant year of
study.
Standard study load
Where the higher education provider specifies a standard study load
7.5.15 A standard study load for one year of a course of study is a sequence of units of study, determined by the higher education provider, which a student would be required to
undertake in a full year of a particular course to:
Where the higher education provider does not specify a standard study load
7.5.20 Where a higher education provider does not specify a standard study load, the standard
study load for one year of a course of study should be determined by the higher
education provider to be the minimum annual study load which, when aggregated with standard study loads for the other years of the course, would enable completion of the course in the standard number of years on a full-time basis, as determined by the higher education provider, taking into account the requirements of these guidelines.
7.5.25 Where a higher education provider does not specify a standard study load in any of the
years of a course of study, the higher education provider should regard the study load for
the units of study as being equally distributed over the standard number of years for
completion of the course determined by the higher education provider.
7.10.1 Subject to the situation identified for domestic students studying with overseas higher
education institutions in paragraph 7.15 of these guidelines, the calculation of EFTSL
values for units of study is to be undertaken in the way described in this section.
Calculating the proportion of standard study load
7.10.5 The EFTSL value of a unit of study is determined by calculating the proportion of
standard study load which the unit of study represents of the total standard study load
specified by the higher education provider for one year of full-time study in the course of
study of which the unit forms part.
7.10.10 The calculation of the EFTSL value for a unit of study is to be undertaken using whatever
number of decimal places is required to enable the aggregated EFTSL values for all units
of study for a full-time year of study to add as close as possible to 1.0. In reporting data
to the Commonwealth for its statistics collections, it may be necessary to round or
truncate the results of some calculations.
Allocation of credit points
7.10.15 In calculating the EFTSL value for a unit of study, higher education providers may
allocate credit points to units of study offered by higher education providers as a means
of identifying the relative value of a unit of study within a course of study.
Eg: Number of credit points for a unit of study = EFTSL value
Total number of credit points for unit of study
for a full-time year of study
Example of calculation using credit points
7.10.25 The following example is provided to illustrate the calculation of EFTSL values for a student enrolled in a number of units of study in a particular course of study in a particular year using credit points. For the purposes of this illustration, the standard study load prescribed for this course in a particular year comprises five units: Unit A and B are offered on a semester basis and Units C, D and E are offered on an annual basis:
| Unit A | Semester I unit | 2 Credit points |
|---|---|---|
| Unit B | Semester II unit | 2 Credit points |
| Unit C | Annual unit | 4 Credit points |
| Unit D | Annual unit | 4 Credit points |
| Unit E | Annual unit | 4 Credit points |
In this example, the EFTSL value for each unit of study has been calculated by dividing the number of credit points for that unit of study by the total number of credit points for all units of study comprising the standard study load for this course of study, in this case 16.
| Unit A = | 2/16 = | 0.125 |
|---|---|---|
| Unit B = | 2/16 = | 0.125 |
| Unit C = | 4/16 = | 0.25 |
| Unit D = | 4/16 = | 0.25 |
| Unit E = | 4/16 = | 0.25 |
| TOTAL | 16 | 1.0 EFTSL |
It should be noted that, in this example, the EFTSL values aggregated for a student
undertaking Units A, B, C, D and E (that is, the standard study load prescribed for this
year in this course of study) equals 1.0.
EFTSL values for domestic students studying with overseas higher education
institutions
7.15.1 EFTSL values for units of study undertaken by domestic students with an overseas higher education institution that will be counted as credit towards a course of study in which the student is enrolled at the Australian higher education provider, are to be calculated as follows:
CHAPTER 8 ELECTRONIC COMMUNICATION
8.1.1 The purpose of this Chapter is to set out:
under sub-section 174‑5(1) and sub-section 238-10(1) of the Act, requirements relating to information technology requirements for the electronic communication of information and documents between students and higher education providers; and
under sub-section 174-5(2) and sub-section 238-10(1) of the Act, requirements in respect of electronic communication from a student to a higher education provider, for:
unique identification of the student in an electronic form; and
methods that may be used by students to identify themselves, and indicate their approval of the information communicated.
Note 1: This Chapter deals with the giving of information and documents by way of electronic communications. It is not intended to preclude the giving of information and documents between students and higher education providers by way of paper communications.
Note 2: Where the notice, document or information stored on the information system contains personal information of a student, the higher education provider is required to comply with the Privacy Act 1988 and Part 5.4 of the Act.
8.5.1 Where the Act requires or permits a notice, or other document, to be given by a student to a higher education provider and that information is given by way of facsimile, email, web-based communication or any other form of electronic communications specified by the provider, the information system used for providing that information must be:
accessible by students. An information system is accessible by students if the higher education provider has:
informed students, via a direct communication to students or via the higher education provider’s publications, that the communication in question will occur by electronic means using the information system; and
given the students the authority to use the information system;
secure, so that a student’s information can be accessed only by persons authorised by the higher education provider;
able to store the notice, document or information so that it is readily accessible by the student and can be made available for subsequent reference;
accessible in respect of requests for Commonwealth assistance where, in the case of a student submitting an electronic request for Commonwealth assistance:
the student must use a unique identifier to identify himself or herself and to indicate his or her approval of the conditions and requirements outlined in the request for Commonwealth assistance; and
the system must automatically generate a date field on the request; and
able to generate a printable receipt for the student.
Where the Act requires or permits a notice, or other document, to be given by a higher education provider to a student and that information is given by way of facsimile, email, web-based communication or any other form of electronic communications specified by the provider, the information must be given in accordance with the following requirements:
the students are informed, via a direct communication to students or via the provider’s publications, that the communication in question will occur by electronic means;
the students are given authority to use an information system for generating, sending, receiving, storing or otherwise processing the electronic communication; and
the information system stores the notice, document or information sent to the student so that it is readily accessible by the student and can be made available for subsequent reference and printing by the student.
Note: Where a student is required by the Act to provide a signature and the student acts in accordance with a method allowed for in 8.10.1, the student is taken to meet that requirement.
A method that a student can use to uniquely identify himself or herself may involve the student's using a unique, personal identifier, issued to the student by the provider. In relation to issuing an identifier to a student, a higher education provider must:
first verify the identity of the person to whom the identifier is to be issued; and
take all reasonable precautions to ensure that there is no unauthorised access to, or use of, the identifier; and
ensure that the student is advised that, apart from the higher education provider’s obligations under paragraphs (a) and (b), the student is personally responsible for protecting the identifier.
Note 1
Note: The Administration Guidelines 2012 in force under section 238-10 of the Higher Education Support Act 2003 as shown in this compilation is amended as indicated in the Tables below.
Note: > Note: Table of Instruments
| Title | FRLI registration number | Date of FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |
|---|---|---|---|---|
| Administration Guidelines 2012 | F2011L02604 | 8 December 2011 | 1 January 2012 | (v) TRANSITIONAL ARRANGEMENTSThe revocation of the Former Guidelines does not affect the validity of a payment or decision made under those guidelines. A decision made under the Former Guidelines is taken to continue to have effect as if it were made under the Administration Guidelines 2012. |
| Amendment No. 1 to the Administration Guidelines 2012 | F2013L00180 | 11 February 2013 | 12 February 2013 | |
| Amendment No. 2 to the Administration Guidelines 2012 | F2013L01510 | 5 August 2013 | 6 August 2013 |
Note: Table of Amendments
<table cellspacing="0" cellpadding="0" style="margin-right:auto; margin-left:auto; border-collapse:collapse"><tbody><tr><td colspan="3" style="width:405.7pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td colspan="2" style="width:111.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:283.8pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr><tr><td style="width:110.15pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Paragraph 1.5.5</span></p><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Subparagraph 2.20.1(b)</span></p><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Paragraph 6.1.1</span></p></td><td colspan="2" style="width:284.75pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>am. 2013F2013L01510</span></p><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span>rs. 2013F2013L01510</span></p><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>am. 2013F2013L00180</span></p></td></tr><tr><td style="width:110.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Paragraph 6.5.5</span></p><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Subchapter 6.10</span></p><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Subchapter 6.15</span></p><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Subchapter 6.20</span></p><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Subchapter 6.25</span></p><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Section 6.30</span></p><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span>Paragraph 6.30.1</span></p></td><td colspan="2" style="width:284.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span>rs. 2013F2013L01510</span></p><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span>rs. 2013F2013L01510</span></p><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span>rep. 2013F2013L01510</span></p><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span>rs. 2013F2013L01510</span></p><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span>rs. 2013F2013L01510</span></p><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span>ad. 2013F2013L00180</span></p><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span>rs. 2013F2013L01510</span></p><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span></span></p></td></tr><tr><td style="width:110.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; line-height:13pt"><span></span></p></td><td colspan="2" style="width:284.75pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt; line-height:13pt"><span></span></p></td></tr><tr style="height:0pt"><td style="width:120.95pt"></td><td style="width:0.95pt"></td><td style="width:294.6pt"></td></tr></tbody></table>
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
CHAPTER 1 INTRODUCTION
1.1.1 The purpose of these guidelines is to:
1.5.5 In these guidelines, unless the contrary intention appears:
the Act means the Higher Education Support Act 2003;
course means course of study;
Department means the department that administers these guidelines.
FEE-HELP loan fee means the fee applied to a FEE-HELP loan as specified in paragraph 137-10(2)(a) of the Act;
First Half Year means the part of a year that commences on 1 January 2013 or a later year and ends on 30 June of that year;
GST means Goods and Services Tax as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999;
Initial First Half Year means the part of a year that commences on 1 January 2012 and ends on 30 June of that year;
notice means a notice entitled “Commonwealth Assistance Notice”, as specified in chapter 2 of these guidelines;
published census date(s) has the meaning given in paragraph 6.10.5 of these guidelines, and may be a specific date, or as referenced by the higher education provider
published EFTSL value(s) has the meaning given in paragraph 6.10.5 of these guidelines
Second Half Year means the part of a year that commences on 1 July and ends on 31 December of that year; and
unit means unit of study.
1.5.10 Terms in these guidelines that are in italics have the meaning stated in 1.5.5 of these guidelines.
CHAPTER 2 DETERMINING AND PUBLISHING STUDENT SERVICES AND AMENITIES FEES
The purpose of this chapter is to:
2.5.1 For the purposes of paragraph 19-37(5)(b) of the Act, a higher education provider may determine a student services and amenities fee in accordance with paragraph 19‑37(5)(e) and, subject to paragraph 2.10, the amount of the student service and amenities fee may apply to all persons or may be one or more amounts that apply to a particular category of persons who are enrolled or seeking to enrol with the provider for a period starting on or after 1 January 2012.
2.5.5 For the purposes of paragraph 19-37(5)(e) of the Act, if a provider determines a fee in accordance with paragraph 2.5.1, the provider must specify the period to which the fee relates and the persons or categories of persons to who the fee relates.
2.5.10 When determining an amount of a student services and amenities fee, a higher education provider must not have regard to any matter related to the manner or timing of:
2.5.15 Without limiting the generality of paragraph 2.5.1 of these Guidelines, a higher education provider may choose to determine different amounts for particular categories of persons who are enrolled or seeking to enrol with the provider, including a zero amount for a student services and amenities fee.
Note: categories of persons can be determined on any reasonable and relevant basis, including: mode of attendance (i.e. external and internal), type of course (i.e. undergraduate and postgraduate) or equity status (i.e. low SES and indigenous).
2.5.20 Any amount of a student services and amenities fee determined by a higher education provider must be a GST inclusive amount, to the extent that any GST is payable by the person required to pay the fee.
2.10.1 For the purposes of paragraph 19-37(5)(c) of the Act, a student services and amenities fee determined by a higher education provider for a person or persons who are enrolled or seeking to enrol with the provider on a part-time basis must be no more than 75 per cent of the maximum student services and amenities fee that the provider determines for persons enrolled or seeking to enrol with the provider on a full-time basis.
For the purposes of this paragraph 2.10.1, the term “part-time basis” means a study load of less than 75 per cent of the normal full-time student load for the period to which the fee relates.
2.15.1 For the purpose of paragraph 19-37(5)(d) of the Act, the day on which a fee is payable must not be earlier than the last day on which a student, who is required to pay the fee, is able to enrol with the provider in a *course of study or *bridging course for overseas-trained professionals that is be undertaken with the provider in the period to which the fee relates.
2.15.5 For purposes of paragraph 2.15.1 of these Guidelines, the reference to the last day on which a student is able to enrol with the provider means the enrolment closing date as specified by the provider.
2.20.1 Subject to paragraph 2.20.5, a higher education provider may only vary a determination of a student services and amenities fee and/or the day on which a student services and amenities fee is payable if:
the variation is:
necessary because of circumstances that did not apply at the time the fee, and/or the day on which the fee is payable, was determined under paragraph 19-37(5)(b) of the Act; or
to correct an administrative error; and
the higher education provider has advised the Department, in writing to ssaf@innovation.gov.au, of its intention to vary the determination of a student services and amenities fee and/or the day on which the fee is payable at least 5 working days before making the variation.
2.20.5 A variation of a student services and amenities fee and/or the day on which the fee is payable for any period that will, in the higher education provider’s reasonable view, disadvantage any person enrolled, or seeking to enrol, with the provider may only be made up to two months before the date of commencement of the period.
2.20.10 Without limiting the generality of paragraph 2.20.5 of these Guidelines, a person will be disadvantaged by a variation that increases the student services and amenities fee, and/or a variation that changes the day on which the fee is payable to an earlier day.
2.25.1 For the purpose of subparagraph 19-37(6)(a)(i) of the Act, a higher education provider must publish:
2.25.5 A higher education provider must publish the information under subparagraphs 19‑37(6)(a)(i) of the Act, paragraph 2.25.1 of these Guidelines and the notice pursuant to 19‑37(6)(a)(ii) of the Act by:
2.25.10Where a higher education provider is making this information available only through the Internet or in other electronic format, the higher education provider must also provide students with access to an information system via which the student can access the information.
2.30.1 This section only applies if sections 2.20.1 and 2.20.5 of these guidelines both apply.
2.30.5 A higher education provider that varies a published student services and amenities fee or day on which the fee is payable must publish the varied fee or day payable no later than two weeks after making the variation.
2.30.10Where a higher education provider is making this information available only through the Internet or in other electronic format, the higher education provider must also provide students with access to an information system via which the student can access the information.
CHAPTER 3 SPECIAL CIRCUMSTANCES
3.1.1 The purpose of this chapter is to specify the circumstances in which a higher education provider will be satisfied that special circumstances apply to the person that:
3.5.1 A higher education provider will be satisfied that a person’s circumstances are beyond that person’s control if a situation occurs which a reasonable person would consider is not due to the person’s action or inaction, either direct or indirect, and for which the person is not responsible.
3.5.5 The situation referred to in paragraph 3.5.5 must be unusual, uncommon or abnormal.
3.10.1 A higher education provider will be satisfied that a person’s circumstances did not
make their full impact on the person until on or after the census date for a unit of study if the person’s circumstances occur:
3.15.1 A higher education provider will be satisfied that a person’s circumstances make it impracticable for the person to complete the requirements for the unit of study during the period which the person undertook, or was to undertake, the unit if circumstances such as the following occur:
This is an opening excerpt, not the complete document.