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Higher Education Support Act 2003
90What this Division is about
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90 What this Division is about
Subdivision 16‑B—Which decisions are subject to review?
91 Reviewable VET decisions etc.
92 Deadlines for making reviewable VET decisions
93 Decision maker must give reasons for reviewable VET decisions
Subdivision 16‑C—How are decisions reconsidered?
94 Reviewer of decisions
95 Reviewer may reconsider reviewable VET decisions
96 Reconsideration of reviewable VET decisions on request
Subdivision 16‑D—Which decisions are subject to ART review?
97 ART review of reviewable VET decisions
Part 4—Miscellaneous
97A Compensation for acquisition of property
98 Delegations by Secretary
99 VET Guidelines
Schedule 1—Dictionary
1 Definitions
2 Meanings of CPI index number and WPI index number
Endnotes
An Act relating to the funding of higher education, and for other purposes
Chapter 1—Introduction
1‑1 Short title
This Act may be cited as the Higher Education Support Act 2003.
1‑5 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
- Commencement information
- Column 1 Column 2 Column 3
- Provision(s) Commencement Date/Details
- 1. Sections 1‑1 and 1‑5 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 19 December 2003
- 2. Sections 1‑10 to 238‑15 The later of:(a) 1 January 2004; and(b) the day after the day on which this Act receives the Royal Assent. 1 January 2004(paragraph (a) applies)
- 3. Schedule 1 The later of:(a) 1 January 2004; and(b) the day after the day on which this Act receives the Royal Assent. 1 January 2004(paragraph (a) applies)
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
1‑10 Identifying defined terms
(1) Many of the terms in this Act are defined in the Dictionary in Schedule 1.
(2) Most of the terms that are defined in the Dictionary in Schedule 1 are identified by an asterisk appearing at the start of the term: as in “*accredited course”. The footnote with the asterisk contains a signpost to the Dictionary.
(3) An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection or definition. Later occurrences of the term in the same provision are not usually asterisked.
(4) Terms are not asterisked in headings, notes, examples, explanatory tables, guides, outline provisions or diagrams.
(5) If a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision.
(6) The following basic terms used throughout the Act are not identified with an asterisk:
- Terms that are not identified
- Item This term: is defined in:
- 1 enrol Schedule 1
- 2 higher education provider section 16‑1
- 3 student Schedule 1
- 4 unit of study Schedule 1
Division 2—Objects
2‑1 Objects of this Act
The objects of this Act are:
(a) to support a higher education system that:
(i) is characterised by quality, diversity and equity of access; and
(ii) contributes to the development of cultural and intellectual life in Australia; and
(iii) is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population; and
(iv) promotes and protects freedom of speech and academic freedom; and
(b) to support the distinctive purposes of universities, which are:
(i) the education of persons, enabling them to take a leadership role in the intellectual, cultural, economic and social development of their communities; and
(ii) the creation and advancement of knowledge; and
(iii) the application of knowledge and discoveries to the betterment of communities in Australia and internationally; and
(iv) the engagement with industry and the local community to enable graduates to thrive in the workforce;
recognising that universities are established under laws of the Commonwealth, the States and the Territories that empower them to achieve their objectives as autonomous institutions through governing bodies that are responsible for both the university’s overall performance and its ongoing independence; and
(c) to strengthen Australia’s knowledge base, and enhance the contribution of Australia’s research capabilities to national economic development, international competitiveness and the attainment of social goals; and
(d) to support students undertaking higher education and certain vocational education and training.
Division 3—Overview of this Act
3‑1 General
This Act primarily provides for the Commonwealth to give financial support for higher education and certain vocational education and training:
(a) through grants and other payments made largely to higher education providers; and
(b) through financial assistance to students (usually in the form of loans).
3‑5 Grants for higher education assistance etc. (Chapter 2)
(1) Chapter 2 sets out who are higher education providers, and provides for the following grants and payments:
(a) grants under the Commonwealth Grant Scheme;
(aa) grants for assisting Indigenous persons;
(b) other grants for particular purposes;
(c) grants for Commonwealth scholarships.
(2) Higher education providers will be universities, self‑accrediting entities or non self‑accrediting entities.
(3) Chapter 2 also provides for the direct payment to students of certain Commonwealth scholarships.
3‑10 Assistance to students (Chapter 3)
Chapter 3 provides for the following assistance to students:
(a) HECS‑HELP assistance for student contribution amounts;
(b) FEE‑HELP assistance for tuition fees;
(c) OS‑HELP assistance for overseas study;
(d) SA‑HELP assistance for meeting student services and amenities fees imposed by higher education providers;
(e) STARTUP‑HELP assistance for accelerator program courses.
Chapter 3 also deals with a person’s Student Learning Entitlement.
3‑15 Repayment of loans (Chapter 4)
Chapter 4 sets out how debts are incurred and worked out in relation to loans made under Chapter 3, and provides for their repayment.
3‑20 Administration (Chapter 5)
Chapter 5 provides for several administrative matters relating to the operation of this Act.
3‑30 VET FEE‑HELP Assistance Scheme (Schedule 1A)