Higher Education Support Act 2003 Administration Guidelines (15/04/2005) (Cth)
Commonwealth of Australia
Higher Education Support Act 2003
ADMINISTRATION GUIDELINES
Revocation and Making of Guidelines made pursuant to section 238-10 of the Higher Education Support Act 2003
I, BRENDAN NELSON, Minister for Education, Science and Training, revoke all previous Administration Guidelines and, pursuant to section 238-10 of the Higher Education Support Act 2003 ("the Act"), make the attached Administration Guidelines for the purposes of Chapter 5 of the Act.
Dated this....................15................................day of..............April.........................2005.
BRENDAN NELSON
Minister for Education, Science & Training
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
ADMINISTRATION GUIDELINES
(i) CITATION
These guidelines may be cited as the ‘Administration Guidelines’.
(ii) AUTHORITY
These guidelines are made under section 238-10 of the Higher Education Support Act 2003.
(iii) DATE OF EFFECT
These guidelines shall come into effect on the date they are registered on the Federal Register of Legislative Instruments.
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
ADMINISTRATION GUIDELINES
TABLE OF CONTENTS
CHAPTER 1INTRODUCTION
1.1 PURPOSE
1.5 INTERPRETATION
CHAPTER 2NOTICE TO STUDENTS
2.1 PURPOSE
2.5 THE CONTENTS OF THE NOTICE
2.10 THE DATE BY WHICH THE NOTICE IS TO BE GIVEN
CHAPTER 3OTHER REQUIREMENTS FOR WORK EXPERIENCE IN INDUSTRY
3.1 PURPOSE
3.5 OTHER REQUIREMENTS FOR WORK EXPERIENCE IN INDUSTRY
CHAPTER 4DETERMINING EXEMPTION FOR WORK EXPERIENCE IN INDUSTRY
4.1 PURPOSE
4.5 EXEMPT WORK EXPERIENCE IN INDUSTRY STUDENTS
4.10 CRITERIA TO DETERMINE WHETHER STUDENT LEARNING AND PERFORMANCE IS SUPPORTED
CHAPTER 5PUBLICATION REQUIREMENTS FOR CENSUS DATES AND EFTSL VALUES
5.1 PURPOSE
5.5 PUBLICATION OF UNIT OF STUDY CENSUS DATE AND EFTSL
CHAPTER 6ELECTRONIC COMMUNICATION
6.1 PURPOSE
6.5 INFORMATION SYSTEM REQUIREMENTS
6.10 ELECTRONIC COMMUNICATION BY STUDENTS OF STUDENT’S SIGNATURES
6.15 REQUIREMENTS RELATING TO METHODS THAT MAY BE USED BY STUDENTS TO IDENTIFY THEMSELVES
6.20 REQUIREMENTS RELATING TO METHODS THAT MAY BE USED BY STUDENTS TO INDICATE THEIR APPROVAL WHEN SUBMITTING ELECTRONIC REQUESTS FOR COMMONWEALTH ASSISTANCE
6.25 REQUIREMENTS RELATING TO HIGHER EDUCATION PROVIDERS PROVIDING STUDENTS WITH ACCESS TO INFORMATION SYSTEMS THAT HIGHER EDUCATION PROVIDERS USE TO GIVE CERTAIN STUDENT NOTICES
CHAPTER 1 INTRODUCTION
1.1 PURPOSE
1.1.1 The purpose of these guidelines is to:
(a) set out the information that must be provided in the notice to students and define the period within which the notice must be given to students (section 169-5 of the Act);
(b) specify the other requirements that must be met in order for work to be considered work experience in industry (for the purposes of section (d) of the definition of work experience in industry in ‘Schedule 1-Dictionary’ of the Act);
(c) specify the circumstances where students are exempt from payment of student contribution amounts and tuition fees for units of study that wholly consist of work experience in industry (section 169-20(2) of the Act);
(d) specify the publication requirements for higher education providers in relation to the census dates and EFTSL values for units of study (section 169-25(3) of the Act);
(e) set out the requirements relating to:
(i) information systems that may be used by students to give to their higher education provider documents that the students are required or permitted to give (section 174-5(4) the Act);
(ii) methods that may be used by students to identify themselves, and indicate their approval of documents, in connection with documents that are required to be signed by students and given to a higher education provider (section 174-10(4) of the Act); and
(iii) higher education providers providing students with access to information systems that higher education providers use to give students notices under section 169-5 of the Act (section 174-25 of the Act).
(f) set out such notices as are required by a person who is enrolled with a provider for a unit of study and who is seeking Commonwealth assistance under the Act or who is a Commonwealth supported student for the unit.
1.5 INTERPRETATION
1.5.1In these guidelines, unless the contrary intention appears, terms used have the same meaning as in the Higher Education Support Act 2003.
1.5.5 In these guidelines, unless the contrary intention appears:
the Act means the Higher Education Support Act 2003;
notice means the Commonwealth Assistance Notice;
FEE-HELP loan fee means the 20 per cent fee applied to FEE-HELP debt as specified in section 137(10)(2)(a).
OS-HELP loan fee means the 20 per cent fee applied to OS-HELP debt as specified in section 137(15)(2).
1.5.10 Terms in these guidelines that are in italics have the meaning stated in 1.5.5 of these guidelines.
CHAPTER 2 NOTICE TO STUDENTS
2.1 PURPOSE
2.1.1 The purpose of this chapter is to set out such notices as are required by a person who is enrolled with a provider for a unit of study and who is seeking Commonwealth assistance under the Act or who is a Commonwealth supported student for the unit, the information that must be provided in the notice and define the period within which the notice must be given to students, under section 169-5 of the Act.
2.5 THE CONTENTS OF THE NOTICE
2.5.1 The notice must be called the ‘Commonwealth Assistance Notice’.
2.5.5 The notice must include the following information as or if applicable to each student’s enrolment at the census date for the unit(s) of study to which the notice applies:
(a) the student’s name
(b) the name of the higher education provider
(c) the student’s identification number as issued by the higher education provider
(d) the student’s Commonwealth Higher Education Student Support Number (CHESSN)
(e) the higher education award(s) in which the student is enrolled at the higher education provider, for which EFTSL is recorded at the census date(s) contained in the notice
(f) the student cohort to which the student belongs
(g) the total EFTSL in which the student is enrolled
(h) the total amount by which the student’s Student Learning Entitlement (SLE) is reduced
(i) the total amount of up-front payment
(j) the total amount of HECS-HELP discount
(k) the total amount of HECS-HELP debt
(l) the total amount of FEE-HELP assistance
(m) the total amount of the FEE-HELP loan fee for students enrolled in undergraduate courses of study only (calculated at 20 per cent of the FEE-HELP assistance)
(n) the total amount of FEE-HELP debt
2.5.10 For each unit of study, the notice must include the following information as or if applicable to each student’s enrolment:
(a) the unit identification code
(b) the unit census date
(c) whether the student is required to make a student contribution or pay tuition fees or is an exempt student (which may be referred to as the student’s ‘status’)
(d) the EFTSL value
(e) the amount by which the student’s SLE is reduced
(f) the student contribution amount
(g) the tuition fee amount
(h) the amount of up-front payment
(i) the amount of HECS-HELP discount
(j) the amount of HECS-HELP debt
(k) the amount of FEE-HELP assistance
(l) the amount of the FEE-HELP loan fee for students enrolled in undergraduate courses of study only (calculated at 20 per cent of the FEE-HELP assistance)
(m) the amount of FEE-HELP debt
2.5.15Where the information required under sections 2.5.10(b) and 2.5.10(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 section 2.5.5 of these guidelines.
2.5.17 In 2005, higher education providers unable to report the information required under paragraph 2.5.10 of these guidelines for each unit of study may report the information for each course of study.
2.5.20Where a higher education provider has selected a student for receipt of OS-HELP, the notice must include the following information, the:
(a) six month period to which the OS-HELP debt relates
(b) amount of OS-HELP assistance for the relevant six month period
(c) amount of the OS-HELP loan fee (calculated at 20 per cent of the OS-HELP assistance) for the relevant six month period
(d) total amount of OS-HELP debt for the relevant six month period
2.5.25 The notice must prominently display the following statement:
It is your responsibility to check your Student Learning Entitlement (SLE) balance for Commonwealth-supported places, and/or FEE-HELP balance for fee-paying places, on the ‘Going to Uni’ website at: To access this information, you must use your Commonwealth Higher Education Student Support Number (CHESSN) as contained in this notice. You are only eligible for any of the amounts of Commonwealth assistance contained in this notice if you have a sufficient SLE and/or FEE-HELP balance and the information regarding Commonwealth assistance contained in this notice is only correct insofar as you have correctly advised this higher education provider of your entitlement to that assistance under the Higher Education Support Act 2003.
2.5.30 The notice must include information on the student’s right to request correction of information contained in the notice within 14 days after the day the notice was given, under section 169-10 of the Act.
2.5.35 The notice may contain other information as determined by the higher education provider.
2.10 THE DATE BY WHICH THE NOTICE IS TO BE GIVEN
2.10.1Where:
(a) the notice applies to one unit of study or more than one unit of study; and
(b) each unit of study to which the notice applies has the same census date
the notice must be given to the student by no later than 28 days after the census date.
2.10.5Where:
(a) the notice applies to more than one unit of study; and
(b) those units of study have different census dates
the notice must be given to the student by no later than 28 days after the earliest census date.
2.10.7 Where the census date for a unit of study is on or before 31 March 2005, the notice must be given to the student no later than 28 days after 31 March 2005.
2.10.10 Where the notice only applies to OS-HELP debt, the notice must be given to the student by no later than 28 days after the date on which the OS-HELP debt was incurred.
2.10.15Where the notice applies to one unit of study or more than one unit of study made available by a higher education provider access to which was provided by Open Learning Australia, and the notice is to be given to the student through Open Learning Australia, the period within which the notice must be given is as specified in section 2.10.1 or section 2.10.5 of these guidelines.
CHAPTER 3 OTHER REQUIREMENTS FOR WORK EXPERIENCE IN INDUSTRY
3.1 PURPOSE
3.1.1 For the purposes of section (d) of the definition of work experience in industry in ‘Schedule 1-Dictionary’ of the Act, these guidelines specify the other requirements that must be met in order for work to be considered work experience in industry under the Act.
3.5 OTHER REQUIREMENTS FOR WORK EXPERIENCE IN INDUSTRY
3.5.1 A unit of study is not considered 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:
(a) ongoing and regular input and contact with students; and
(b) oversight and direction of work occurring during its performance; and
(c) definition and management of the implementation of educational content and objectives of the unit; and
(d) definition and management of assessment of student learning and performance during the student placement; and
(e) definition and management of the standard of learning and performance to be achieved by the student during the student placement.
CHAPTER 4 DETERMINING EXEMPTION FOR WORK EXPERIENCE IN INDUSTRY
4.1 PURPOSE
4.1.1 For the purposes of section 169-20(2)(b) of the Act, these guidelines specify the circumstances where students are exempt from payment of student contribution amounts and tuition fees for units of study that wholly consist of work experience in industry.
4.5 EXEMPT WORK EXPERIENCE IN INDUSTRY STUDENTS
4.5.1 A student will be exempt from the payment of student contribution amounts or tuition fees for units of study that wholly consist of work experience in industry where the higher education provider or persons engaged by the higher education provider are not providing support to a student’s learning and performance in accordance with section 4.10 of these guidelines.
4.10 CRITERIA TO DETERMINE WHETHER STUDENT LEARNING AND PERFORMANCE IS SUPPORTED
4.10.1 For the purposes of 4.5.1 of these guidelines, a higher education provider supports student learning and performance if all the following are performed by staff of the higher education provider or by persons engaged by the higher education provider:
(a) interaction with the student which may include site visits; and
(b) organisation of student placements; and
(c) ongoing monitoring of student work and progress; and
(d) assessment of student learning and performance during the student placement.
CHAPTER 5 PUBLICATION REQUIREMENTS FOR CENSUS DATES AND EFTSL VALUES
5.1 PURPOSE
5.1.1 The purpose of this chapter is to specify the publication requirements for higher education providers in relation to the census dates and EFTSL values for units of study, under section 169-25(3) of the Act.
5.5 PUBLICATION OF UNIT OF STUDY CENSUS DATE AND EFTSL
5.5.1 The EFTSL value for a unit of study must be published by higher education providers by the 1st of October of the year prior to the commencement of that unit of study.
5.5.5 The census date for a unit of study must be published by the 1st of December of the year prior to the commencement of that unit of study.
5.5.10 Where a higher education provider is only making this information available 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 6 ELECTRONIC COMMUNICATION
6.1 PURPOSE
6.1.1 The purpose of this chapter is to set out the requirements relating to:
(a) information systems that may be used by students to give to their higher education provider documents that the students are required or permitted to give under the Act (section 174-5(4)). These documents are as follows:
·a request for Commonwealth assistance (section 36-40(1)(b)(ii) of the Act);
·a request for the correction of a notice (section 169-10(2) of the Act); and
·the notification, by a student, of his or her Tax File Number (TFN), or the provision of a certificate from the Commissioner of Taxation stating that the student has applied for a TFN (section 187-1(1) of the Act).
(b) methods that may be used by students to identify themselves, and indicate their approval of documents, in connection with documents that are required to be signed by students and given to a higher education provider (section 174-10(4) of the Act). These documents are requests for Commonwealth assistance; and
(c) higher education providers providing students with access to information systems that higher education providers use to give students notices under section 169-5 of the Act (section 174-25 of the Act).
6.1.5 A higher education provider can only accept electronic communication from students of documents referred in section 6.1.1 if the communication is made in accordance with the requirements of Chapter 6 of these guidelines.
6.5 INFORMATION SYSTEM REQUIREMENTS
6.5.1 The requirements relating to an information system that may be used by student to give higher education providers documents referred to in section 6.1.1 are that the information system must be:
(a) accessible by students, as set out in section 6.25 of these guidelines;
(b) secure, so that a student’s information can only be accessed by an authorised person, as determined by the higher education provider. The higher education provider must be able to prove that, to its satisfaction, that person is authorised;
(c) able to store the information provided by the student so that it is able to be reproduced for subsequent reference;
(d) able to verify the identity of the person supplying the information;
(e) able to automatically generate a date field when a student electronically submits a request for Commonwealth assistance; and
(f) able to generate a confirmation of receipt for the student.
6.10 ELECTRONIC COMMUNICATION BY STUDENTS OF STUDENT’S SIGNATURES
6.10.1 Section 36-40(1)(b)(i) of the Act requires a request for Commonwealth assistance to be signed by students and given to a higher education provider.
6.10.5 Section 6.15 of these guidelines sets out the requirements relating to methods that may be used by students to identify themselves if they complete a request for Commonwealth assistance electronically.
6.10.10 Section 6.20 of these guidelines sets out requirements relating to methods that may be used by students to indicate their approval of a request for Commonwealth assistance which is communicated electronically.
6.15 REQUIREMENTS RELATING TO METHODS THAT MAY BE USED BY STUDENTS TO IDENTIFY THEMSELVES
6.15.1 Higher education providers must issue each student with a unique identifier that the student can use to indicate their approval of a request for Commonwealth assistance. When issuing this unique identifier, higher education providers must be able to verify the student’s identity.
6.15.5 In verifying the student’s identity, higher education providers must ensure that the method they select is reliable and provides reasonable certainty about the identity of the student (for example, higher education providers may wish to issue a Personal Identification Number or a username/password combination as the unique identifier.)
6.15.10 In issuing a unique identifier, higher education providers will need to verify the identity of the person to whom the identifier is issued and must take all reasonable precautions to ensure that there is no unauthorised access to the identifier.
6.15.15 In giving the identifier to a student, higher education providers must ensure that the student is advised of the requirement to protect their unique identifier.
6.20 REQUIREMENTS RELATING TO METHODS THAT MAY BE USED BY STUDENTS TO INDICATE THEIR APPROVAL WHEN SUBMITTING ELECTRONIC REQUESTS FOR COMMONWEALTH ASSISTANCE
6.20.1 A student submitting an electronic request for Commonwealth assistance, must use their unique identifier, issued by their provider in accordance with section 6.15 of these guidelines, to identify themselves and to indicate their approval of the conditions and requirements outlined in the request for Commonwealth assistance.
6.25 REQUIREMENTS RELATING TO HIGHER EDUCATION PROVIDERS PROVIDING STUDENTS WITH ACCESS TO INFORMATION SYSTEMS THAT HIGHER EDUCATION PROVIDERS USE TO GIVE CERTAIN STUDENT NOTICES
6.25.1 The requirements relating to higher education providers providing students with access to information systems are that the higher education provider:
(a) must inform the student, via a direct communication to the student or via the provider’s publications, that communications will occur by electronic means; and
(b) has given students the authority to view their notices on the information system (for example, via a username and password combination); and
(c) has ensured that the communications sent to the student on the information system are able to be reproduced so as to be useable for subsequent reference.
…………………………………..
Brendan John Nelson
Minister for Education, Science and Training
15 April 2005
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