1.1.1 These Guidelines set out the tuition assurance requirements which a body corporate must fulfil to be approved by the Minister as a higher education provider under the Act and with which higher education providers other than Table A providers must comply in order to maintain their approval as higher education providers under the Act.
1.1.5 These Guidelines set out the grievance procedures which a body corporate must be willing and able to meet in order to be approved as a higher education provider under the Act and with which higher education providers other than Table A providers must comply in order to maintain their approval as higher education providers under the Act.
1.1.10 These Guidelines set out procedures to be followed by review officers reviewing reviewable decisions under Chapter 3 of the Act.
1.1.15 These Guidelines name the quality auditing body which will audit higher education providers.
1.1.19 These guidelines specify periods under subsections 19-87(1), 19-90(1) and 19-95(1) of the Act;
1.1.20 These Guidelines specify the date by which a higher education provider must publish the schedule of the student contribution amounts for places and tuition fees for a particular period under paragraph 19-95(2)(b) of the Act.
1.1.21 These guidelines specify matters to which a higher education provider must not have regard when setting student contribution amounts or tuition fees under subsections19‑87(2A) or 19-90(3) of the Act.
1.1.22 These guidelines specify the date before which a variation to a:
- student contribution amount must be made under subparagraph 19‑87(3)(a)(i) of the Act; and
- tuition fee must be made under subparagraph 19-90(4)(a)(i) of the Act.
1.1.23 These guidelines specify the circumstances in which a:
- student contribution amount may be varied under subparagraph 19‑87(3)(a)(ii) of the Act; and
- tuition fee may be varied under subparagraph 19‑90(4)(a)(ii) of the Act.
1.1.24 In relation to a saved determination, these guidelines specify the date by which information on student contribution amounts for places in units, or tuition fees, to apply to students in student cohorts must be published and made publicly available under subsection 19‑97(2) of the Act before section 19-97 of the Act was repealed by item 6 of Schedule 3 of the Budget and Other Measures Act.
1.1.25 These guidelines specify the date before which, and the circumstances in which, a higher education provider may revoke a saved determination under item 13(4) or item 14(4) of the Budget and Other Measures Act.
1.1.26 These Guidelines specify in relation to the re-crediting of a person’s Student Learning Entitlement (also referred to as SLE) in circumstances where subsections 36-20(2) and 36-20(3) of the Act apply:
(a) the amount (if any) that is to be paid to the person; and
(b) the amount (if any) that is to be paid to the Commonwealth; and
(c) the person (if any) who is to pay the amounts.
1.1.30 These Guidelines specify in relation to the repayment of amounts where subsections 36-22(2A) and 36-22(2B) of the Act apply:
(a) the amount (if any) that is to be paid to the person; and
(b) the amount (if any) that is to be paid to the Commonwealth; and
(c) the person (if any) who is to pay the amounts.
1.1.35 These Guidelines specify in relation to the re-crediting of a person’s FEE-HELP balance in circumstances where subsections 110-5(1A) and 110-5(1B) of the Act apply:
(a) the amount (if any) that is to be paid to the Commonwealth; and
(b) the person (if any) who is to pay the amounts.
1.1.40 These Guidelines specify the obligations on higher education providers in their capacity as providers of course assurance to other higher education providers.
1.1.50 These Guidelines detail the requirements for fees in respect of overseas students which are the fees referred to in paragraph 19-102(3)(d) of the Act.
1.5 INTERPRETATION
1.5.1 Unless the contrary intention appears, the terms within these Guidelines have the same meaning as in the Higher Education Support Act 2003.
1.5.2 Terms in these Guidelines that are in italics have the meanings given in paragraph 1.5.5 of these Guidelines.
1.5.5 In these Guidelines, unless the contrary intention appears:
academic matters includes those matters which relate to student progress, assessment, curriculum and awards in a course of study.
Act means the Higher Education Support Act 2003.
Budget and Other Measures Act means the Higher Education Legislation (2006 Budget and Other Measures) Act 2006.
Business Day means, in relation to the doing of an action in a place, any day other than a Saturday, Sunday or public holiday in that place.
course assurance option means the tuition assurance option referred to in subparagraph 2.5.1.15c)i) and more fully described in section 2.3.
Course Assurance TAS Operator has the meaning given in subparagraph 2.3.1a)(i).
Exempt Provider means a higher education provider that is exempted by the Minister under subsections 19-40(2) and 19-40(3) of the Act from complying with the tuition assurance requirements.
First Provider has the meaning given in paragraph 2.1.10.
Group Manager means the person from time to time holding the position of Group Manager of the Department’s Higher Education Group.
Guidelines means these Higher Education Provider Guidelines.
non-academic matters includes those matters which do not relate to student progress, assessment, curriculum and awards in a course of study and includes complaints in relation to personal information that the provider holds in relation to the student, and about the administration of the Commonwealth Learning Scholarships Programme.
Repayment Guarantor has the meaning given in subparagraph 2.4.1c).
Repayment TAS Operator has the meaning given in subparagraph 2.4.1a)(i).
replaced unit means a unit of study in which the student was enrolled with a First Provider that is replaced by a replacement unit.
replacement unit means a unit of study that a student undertakes with a Second Provider to replace a unit in which the student was enrolled with a First Provider where, whilst the student was enrolled, the First Provider ceased to provide the unit and the course of study of which the unit formed part.
saved determination has the meaning given to it under item 13(1) or item 14(1), as the context requires, of Schedule 3 of the Budget and Other Measures Act.
Second Provider has the meaning given in subparagraph 2.3.5a).
student cohort has the meaning given to it under the Act before the definition was repealed under item 10 of the Budget and Other Measures Act.
student contribution / tuition fee repayment option means the tuition assurance option referred to in subparagraph 2.5.1.15c)ii), and more fully described in section 2.4 (and is the option referred to by this name in paragraphs 36-22A(1)(f), 79-20(d) and 104-42(1)(d) of the Act).
tuition assurance administrator means any Course Assurance TAS Operator, Second Provider referred to in paragraph 2.3.1b), Course Assurance Guarantor (as defined in subparagraph 2.3.1c)), Repayment TAS Operator or Repayment Guarantor.
tuition assurance scheme means a scheme that complies with the requirements of paragraph 2.3.1a) and the main object of which is to provide tuition assurance to meet the tuition assurance requirements as set out in these Guidelines for the benefit of students of the scheme members.
victimise means to act or omit to act towards a person in a way which is intended to cause disadvantage to that person because they have made a complaint, or may make a complaint, or may be or are the subject of a complaint.