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This instrument is the Student Identifiers (Higher Education Exemptions) Instrument 2021.
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Commonwealth legislation
This instrument narrows when a person must be assigned a government student identifier for higher education by listing factors the Registrar must consider before exempting individuals and by creating Ministerial exemptions for certain conferrals. It affects students, higher‑education providers and the Registrar.
It matters because those exemptions change eligibility for HELP loans, Commonwealth‑supported places, OS‑HELP and SA‑HELP; the Registrar must weigh specified impacts and understanding of consequences (s5) and the Minister may exempt non‑residents or those meeting date or completion conditions (s6).
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Direct links to the current provisions in Student Identifiers (Higher Education Exemptions) Instrument 2021.
This instrument is the Student Identifiers (Higher Education Exemptions) Instrument 2021.
This instrument is made under section 53A of the Student Identifiers Act 2014.
Note: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:
(a) Registrar;
(b) student identifier.
In this instrument: Act means the Student Identifiers Act 2014. Commonwealth supported student has the meaning given in Schedule 1 of the Higher Education Support Act 2003. course of study has the meaning given in Schedule 1 of the Higher Education Support Act 2003. FEE-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003. HECS-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003. OS-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003.
SA-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003.
unit of study has the meaning given in Schedule 1 of the Higher Education Support Act 2003.
visa holder has the meaning given in subsection 5(1) of the Migration Act 1958.
For the purposes of subsection 53A(7) of the Act, when considering a request to make a determination that subsection 53A(1) of the Act does not apply in relation to an individual, the Registrar must have regard to the following matters in making a decision: (a) the purpose of individuals being assigned a student identifier for their higher education studies; (b) the impact of not being assigned a student identifier on the individual; (c) whether the individual will, or is likely to, apply for FEE-HELP assistance or HECS-HELP assistance, or become a Commonwealth supported student; and (d) whether the individual understands the consequences of not being assigned a student identifier in relation to their higher education studies, including that the individual will not be: (i) eligible to be a Commonwealth supported student, or for HECS-HELP assistance or FEE-HELP assistance for a unit of study of a course of study that they commenced on or after 1 January 2021 and for any unit of study on or after 1 January 2023; (ii) entitled to OS-HELP assistance for applications on or after 1 January 2021; (iii) eligible for SA-HELP assistance in relation to student services and amenities fees payable on or after 1 January 2023.
For the purposes of subsection 53A(3) of the Act, subsection 53A(1) does not apply to a conferral of a regulated higher education award on an individual where: (a) the individual is not: (i) an Australian citizen; or (ii) a visa holder that has validly entered Australia on that visa; and (b) the individual does not, at the time of the conferral of the regulated higher education award, reside in Australia; and (c) the individual: (i) completed, outside of Australia, all of the requirements to be conferred the regulated higher education award; or (ii) completed all the requirements to be conferred the regulated higher education award, before 1 January 2023; or (iii) commenced the course of study to which the conferral of the regulated higher education award relates, before 1 January 2023.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Student Identifiers (Higher Education Exemptions) Instrument 2021.
This instrument is made under section 53A of the Student Identifiers Act 2014.
Note: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:
(a) Registrar;
(b) student identifier.
In this instrument: Act means the Student Identifiers Act 2014. Commonwealth supported student has the meaning given in Schedule 1 of the Higher Education Support Act 2003. course of study has the meaning given in Schedule 1 of the Higher Education Support Act 2003. FEE-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003. HECS-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003. OS-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003.
SA-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003.
unit of study has the meaning given in Schedule 1 of the Higher Education Support Act 2003.
visa holder has the meaning given in subsection 5(1) of the Migration Act 1958.
For the purposes of subsection 53A(7) of the Act, when considering a request to make a determination that subsection 53A(1) of the Act does not apply in relation to an individual, the Registrar must have regard to the following matters in making a decision: (a) the purpose of individuals being assigned a student identifier for their higher education studies; (b) the impact of not being assigned a student identifier on the individual; (c) whether the individual will, or is likely to, apply for FEE-HELP assistance or HECS-HELP assistance, or become a Commonwealth supported student; and (d) whether the individual understands the consequences of not being assigned a student identifier in relation to their higher education studies, including that the individual will not be: (i) eligible to be a Commonwealth supported student, or for HECS-HELP assistance or FEE-HELP assistance for a unit of study of a course of study that they commenced on or after 1 January 2021 and for any unit of study on or after 1 January 2023; (ii) entitled to OS-HELP assistance for applications on or after 1 January 2021; (iii) eligible for SA-HELP assistance in relation to student services and amenities fees payable on or after 1 January 2023.
For the purposes of subsection 53A(3) of the Act, subsection 53A(1) does not apply to a conferral of a regulated higher education award on an individual where: (a) the individual is not: (i) an Australian citizen; or (ii) a visa holder that has validly entered Australia on that visa; and (b) the individual does not, at the time of the conferral of the regulated higher education award, reside in Australia; and (c) the individual: (i) completed, outside of Australia, all of the requirements to be conferred the regulated higher education award; or (ii) completed all the requirements to be conferred the regulated higher education award, before 1 January 2023; or (iii) commenced the course of study to which the conferral of the regulated higher education award relates, before 1 January 2023.