Higher Education Provider Guidelines Amendment No. 2 (Cth)
ATTACHMENT A
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
HIGHER EDUCATION PROVIDER GUIDELINES
I, JULIE BISHOP, Minister for Education, Science and Training, make these Guidelines under section 238‑10 of the Higher Education Support Act 2003.
Dated 10th January 2007.
JULIE BISHOP
Minister for Education, Science and Training
(i) CITATION
These guidelines may be cited as Amendment No. 2 to the Higher Education Provider Guidelines.
(ii) AUTHORITY
These guidelines are made under subsection 238-10 of the Higher Education Support Act 2003 (the Act) for the purposes of Part 2-1 of the Act.
(iii) DATE OF EFFECT
These guidelines shall take effect on the day after the day on which they are registered on the Federal Register of Legislative Instruments.
(IV) AMENDMENT
These guidelines amend the Higher Education Provider Guidelines made on 5 September 2005 and registered on 13 September 2005 (see F2005L02590).
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
HIGHER EDUCATION PROVIDER GUIDELINES
ITEM 1
Repeal the table of contents and substitute:
TABLE OF CONTENTS
CHAPTER 1 INTRODUCTION 3
CHAPTER 2 THE TUITION ASSURANCE REQUIREMENTS 6
CHAPTER 3 PARTICULAR OBLIGATIONS ON CERTAIN PROVIDERS 15
CHAPTER 4 GRIEVANCE AND REVIEW PROCEDURES 16
CHAPTER 5 QUALITY AUDITING BODY 18
CHAPTER 6 PUBLICATION AND OTHER REQUIREMENTS FOR STUDENT CONTRIBUTION AMOUNTS AND TUITION FEES 19
CHAPTER 7 FEES IN RESPECT OF OVERSEAS STUDENTS 22
CHAPTER 8 FEES FOR GOODS AND SERVICES INCIDENTAL TO STUDIES 25
ITEM 2
Delete paragraph 1.1.19 and substitute:
1.1.19 These guidelines specify periods under subsections 19-87(1), 19-90(1) and 19-95(1) of the Act;
ITEM 3
Delete paragraphs 1.1.21, 1.1.22, 1.1.23 and 1.1.24 and substitute:
“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.”
ITEM 4
Paragraph 1.1.25 is renumbered 1.1.26.
ITEM 5
Delete paragraph 1.1.45.
ITEM 6
Insert the following new definitions in paragraph 1.5.5:
“Budget and Other Measures Act means the Higher Education Legislation (2006 Budget and Other Measures) Act 2006.
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.
student cohort has the meaning given to it under the Act before the definition was repealed under item 10, of Schedule 3 of the Budget and Other Measures Act.”
ITEM 7
Delete paragraph 2.5.1.15(b) and substitute:
“2.5.1.15 (b)the First Provider has a tuition assurance arrangement in place to meet the tuition assurance requirements and the nature of that tuition assurance arrangement;”
ITEM 8
Delete the entire Chapter 6 and substitute with the following new Chapter 6:
“CHAPTER 6 PUBLICATION AND OTHER REQUIREMENTS FOR STUDENT CONTRIBUTION AMOUNTS AND TUITION FEES
6.1 PURPOSE
6.1.1 The purpose of this chapter is to specify the:
a) periods under subsections 19-87(1), 19-90(1) and 19-95(1) of the Act;
b) date by which a higher education provider must publish the schedule of student contribution amounts for places and tuition fees for a particular period under paragraph 19‑95(2)(b) of the Act;
c) matters to which a provider must not have regard when setting student contribution amounts or tuition fees under subsections 19-87(2A) and 19-90(3) of the Act;
d) date before which a variation to a:
i) student contribution amount must be made under subparagraph 19‑87(3)(a)(i) of the Act; and
ii) tuition fee must be made under subparagraph 19-90(4)(a)(i) of the Act;
e) circumstances in which a:
i) student contribution amount may be varied under subparagraph 19‑87(3)(a)(ii) of the Act; and
ii) tuition fee may be varied under subparagraph 19‑90(4)(a)(ii) of the Act;
f) 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;
g) date before which a higher education provider may revoke a saved determination under item 13(4) or item 14(4), as the context requires, of Schedule 3 of the Budget and Other Measures Act; and
h) circumstances in which a higher education provider may revoke a saved determination under item 13(4) or item 14(4), as the context requires, of Schedule 3 of the Budget and Other Measures Act.
6.5 PERIODS
6.5.1 For the purposes of subsections 19-87(1), 19-90(1) and 19-95(1) of the Act:
(a) the first period of a year commences on the 1st of January, and ends on the 30th of June, of that year; and
(b) the second period of a year commences on the 1st of July, and ends on the 31st of December, of that year.
6.5.5 The periods specified in paragraph 6.5.1 of these guidelines are relevant only for the purposes of subsections 19-87(1), 19-90(1) and 19-95(1) of the Act and paragraph 6.10.1 of these guidelines.
6.10 DATE BY WHICH A HIGHER EDUCATION PROVIDER MUST PUBLISH THE SCHEDULE OF STUDENT CONTRIBUTION AMOUNTS FOR PLACES AND TUITION FEES FOR A PARTICULAR PERIOD
6.10.1 A higher education provider must publish a schedule of student contribution amounts for places and tuition fees by:
a) the 1st of April of each year for units of study with a census date in the second period of the same year; and
b) the 1st of October of each year for units of study with a census date in the first period of the next year.
6.11MATTERS TO WHICH A PROVIDER MUST NOT HAVE REGARD WHEN DETERMINING MORE THAN ONE STUDENT CONTRIBUTION AMOUNT OR TUITION FEE
6.11.1When determining a student contribution amount under subsection 19-87(2) or a tuition fee under subsection 19-90(2) of the Act for a unit, a higher education provider must not have regard to any matter related to the manner or timing of:
a)any student’s payment of the student contribution amount or tuition fee to the provider; or
b)the Commonwealth’s payment to the provider:
i) of any amount lent to any student in discharge of the student’s liability to pay the student contribution amount or tuition fee; or
ii) of any HECS-HELP discount for the unit.
6.15 DATE BEFORE WHICH A VARIATION TO A STUDENT CONTRIBUTION AMOUNT OR TUITION FEE MUST BE MADE
6.15.1 If the circumstances covered in section 6.20 of these guidelines prevail, a higher education provider may vary a student contribution amount or tuition fee for a unit of study up to two months before the earlier of:
a) the date of commencement of the unit of study; and
b) the last date that a student can enrol in the unit of study without incurring a late enrolment fee.
6.20 CIRCUMSTANCES IN WHICH A STUDENT CONTRIBUTION AMOUNT OR TUITION FEE MAY BE VARIED
6.20.1 A higher education provider may only vary a student contribution amount or tuition fee if:
a) the reason for the change was unforseen at the time the student contribution amount or tuition fee was determined; and
b) the reason for the change was beyond the higher education provider’s control; and
c) the higher education provider has advised the Department of Education, Science and Training, in writing, of its intention to vary, and its reasons for varying, the student contribution amount or tuition fee.
6.20.5 For circumstances to be considered unforseen under paragraph 6.20.1(a) of these guidelines, the circumstances must be unusual, uncommon or abnormal.
6.20.10 For circumstances to be considered beyond a higher education provider’s control under paragraph 6.20.1(b) of these guidelines, the circumstances must be such that a reasonable person would consider the circumstances to not be due to the higher education provider’s action or inaction, either direct or indirect.
6.25 DATE BY WHICH STUDENT COHORT INFORMATION MUST BE PUBLISHED
6.25.1 For any saved determination that has not been revoked under item 13(4) or item 14(4) of Schedule 3 of the Budget and Other Measures Act, sufficient information to enable a person in a student cohort to work out his or her student contribution amount and tuition fee for each unit of study that the provider provides or is to provide as part of the cohort’s course of study, and any conditions that are to apply in relation to the student contribution amount or tuition fee for each unit of study for each cohort, must be published and made publicly available by 1 October in the year immediately preceding the year in which the student cohort commences its course of study.
6.30 DATE BEFORE WHICH A SAVED DETERMINATION MAY BE REVOKED
6.30.1
If the circumstances described in section 6.35 of these guidelines prevail, a higher education provider may revoke a saved determination if the provider does so before the earlier of:
(a) two months before the date of commencement of the next unit of study to which the saved determination would otherwise apply (the “next unit”); and
(b) two months before the latest date on which a student can enrol in the next unit without incurring a late enrolment fee for the unit.
6.35 CIRCUMSTANCES IN WHICH A SAVED DETERMINATION MAY BE REVOKED
6.35.1A higher education provider may revoke a saved determination only if the provider has advised the Department of Education, Science and Training, in writing, of its intention to revoke the saved determination.”
ITEM 9
Delete Chapter 7.
ITEM 10
Chapter 8 ‘Fees in Respect of Overseas Students’ is renumbered as Chapter 7.
ITEM 11
Chapter 9 ‘Fees for Goods and Services Incidental to Studies’ is renumbered as Chapter 8.
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