Amendment No. 1 to the Higher Education Provider Guidelines 2012

Administered by Department of Industry, Science and Resources

Legislation au F2013L01508 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Guidelines issued under section 238-10 of the Higher Education Support Act 2003

 

Amendment No. 1 to the Higher Education Provider Guidelines 2012

 

Issued by the authority of the

Minister for Higher Education

 

Subject

 

Higher Education Support Act 2003

Higher Education Provider Guidelines 2012

 

 

Authority

 

Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make Guidelines for the purposes of the Act. Item 6 of the table in section 238-10 specifies that the Minister may make Higher Education Provider Guidelines 2012 to give effect to matters set out in sections Part 2-1 of the Act.

 

 

Purpose

 

This legislative instrument amends the Higher Education Provider Guidelines 2012 (F2012L02136), made on 16 October 2012. The amendment aims to simplify and streamline requirements relating to the publication and submission of student contribution amounts and tuition fees for units of study in order to reduce administrative burden placed on higher education providers.

 

 

Consultation

 

Consultation was undertaken with industry, peak bodies, students and state and territory governments as part of the design of these amendments. Further consultation was undertaken at the 2012 and 2013 Tertiary HELP Provider forums. The amendments are a result of these consultations.

 

 

The amendments do not place any further requirements on higher education providers approved under the Act.

 

 

Commencement

 

These Higher Education Provider Guidelines 2012 take effect on the day after registration on the Federal Register of Legislative Instruments.

 

 

 

 

 

 

 

Detailed explanation of the amendments

 

Item 1 – Chapter 1 - Interpretation

 

  • A new definition of Department is inserted to provide a definition based on function rather than nomenclature. The Department that currently administers these guidelines at the time of the registration of this instrument is the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.

 

Item 2 to Item 8 – Chapter 5 – Publication and other requirements for contribution amounts and tuition fees

 

Chapter 5 specifies the publication and other requirements for student contribution amounts and tuition fees for higher education providers.

 

Subchapter 5.1 sets out the purpose of the chapter.

 

Paragraph 5.1.1 details matters that the chapter specifies.

 

  • New subparagraph 5.1.1(i) is inserted to reference the form of schedules of student contribution amounts and tuition fees.

 

Subchapter 5.5 sets out information regarding the period for publishing schedules for student contribution amounts and tuition fees for higher education providers, and the paragraph is amended to remove reference to two stipulated periods and replace with a period nominated to be on or after the earliest date of enrolment to the completion date for a unit of study.

 

  • Paragraph 5.5.1 is amended to give effect to subchapter 5.10.

 

Subchapter 5.10 sets out the date by which and manner in which a higher education provider must publish schedules of student contribution amounts and tuition fees.

 

  • Subchapter 5.10 is amended to include reference to the manner in which higher education providers must publish schedules of student contribution amounts and tuition fees.
  • Paragraph 5.10.1 is amended to provide for increased flexibility for the date by which and the manner in which a higher education provider must publish a schedule.

 

Subchapter 5.20 sets out requirements for variations to student contribution amounts or tuition fees.

 

  • Subchapter 5.20 and paragraph 5.20.1 are repealed as amended subchapter 5.25 defines the new requirements regarding varying schedules.

 

Subchapter 5.25 sets out the requirements for varying student contribution amounts or tuition fees.

 

  • Paragraph 5.25.1, and the subparagraphs contained therein, has been amended to ascertain the circumstances and date before which the higher education provider may vary a published student contribution amount or tuition fee without Ministerial approval.
  • Paragraph 5.25.5 has been amended given the changes made to section 5.25.1.
  • Paragraph 5.25.10 is inserted to specify the manner in which the higher education provider must administer replacement schedules, and to streamline these requirements with the provision of the previous schedule.

 

Subchapter 5.40 sets out the form in which a higher education provider must give a schedule of student contribution amounts and tuition fees to the Minister.

 

  • New subchapter 5.40 is inserted to set out the form in which a higher education provider must give a schedule of student contribution amounts and tuition fees to the Minister.
  • New paragraph 5.40.1 is inserted to determine in writing the simplified and streamlined form and requirements in which the higher education provider must give the Minister a schedule of student contribution amounts and tuition fees.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Amendment No. 1 to the Higher Education Provider Guidelines 2012

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  

 

 

Overview of the legislative instrument

 

The purpose of this legislative instrument is to give effect to matters set out in Part 2-1 of the Act.

 

Part 2-1 of the Act sets out administrative matters relating to higher education providers.  

 

The Higher Education Provider Guidelines 2012 ascertain particular requirements to these matters, specifically relating to tuition assurance, obligations on certain providers, grievance and review procedures, student contribution amounts and tuition fees, fees for overseas students, and fees for goods and services incidental to studies.

 

This legislative instrument amends the provisions of the Higher Education Provider Guidelines 2012 that set out requirements relating to publishing student contribution amounts and tuition fees for units of study. The amendment aims to simplify and streamline requirements relating to the publication and submission of student contribution amounts and tuition fees for units of study in order to reduce administrative burden placed on higher education providers.

 

 

Human rights implications

 

Right to education

 

This legislative instrument engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.

 

In particular, article 13(2)(b) states that higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education.

 

This legislative instrument may indirectly promote the accessibility of education by improving the integrity of the higher education sector by ensuring that appropriate administrative procedures are in place.

 

 

Conclusion

 

This legislative instrument is compatible with human rights because it may indirectly promote the right to education.

Overview

The Higher Education Support Act 2003 was enacted to provide for the support of higher education in Australia, including the administration of the Commonwealth Higher Education Support Scheme. This legislation was introduced to address the need for a comprehensive legal framework governing higher education in the country. The Act was enacted by the Parliament of Australia and its policy objective is to ensure that higher education is accessible, efficient, and of high quality. The Higher Education Support Act 2003 is accompanied by the Higher Education Provider Guidelines 2012, which were amended in 2013 to simplify and streamline requirements relating to the publication and submission of student contribution amounts and tuition fees for units of study. This amendment aimed to reduce the administrative burden on higher education providers, ensuring the smooth operation of the higher education system in Australia. The legislative instrument in question, Amendment No. 1 to the Higher Education Provider Guidelines 2012, was issued under the authority of the Minister for Higher Education and is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The amendments to the Guidelines engage the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights. By improving the integrity of the higher education sector and ensuring appropriate administrative procedures are in place, this legislative instrument indirectly promotes the accessibility of education, which is in line with the objectives of the Higher Education Support Act 2003.

Scope and Application

The Higher Education Support Act 2003 applies to higher education providers in Australia, encompassing both public and private institutions. These guidelines, established under section 238-10 of the Act, specifically target the administrative and operational practices of these providers, including the publication and submission of student contribution amounts and tuition fees for units of study. The aim is to simplify and streamline these requirements, thereby reducing the administrative burden on higher education providers. The guidelines apply across the Commonwealth, ensuring a uniform approach to higher education provider administration. Notably, the amendments do not impose additional requirements on providers already approved under the Act. The legislative instrument takes effect the day after its registration on the Federal Register of Legislative Instruments. The instrument extends its reach through subordinate instruments, which may further refine the guidelines and their application, ensuring that the administrative processes are as efficient as possible.

Key Provisions

The Higher Education Provider Guidelines 2012, amended by F2013L01508, primarily address the simplification and streamlining of requirements relating to the publication and submission of student contribution amounts and tuition fees for units of study. These changes aim to reduce the administrative burden on higher education providers, ensuring that they can focus more on educational services rather than complex administrative processes. The amendment introduces new definitions and modifies existing provisions to enhance clarity and flexibility in how providers must publish and submit these fees. For example, it provides flexibility in the timing and manner of publishing schedules of student contribution amounts and tuition fees, allowing providers to adjust these schedules under certain conditions without needing ministerial approval (sections 5.10 and 5.25). The obligations imposed on higher education providers include timely publication of student contribution amounts and tuition fees schedules, ensuring these are made available in a simplified form as specified by the Minister (section 5.10). Providers must adhere to the new guidelines that allow for varying these fees under specific circumstances and timelines, and they must notify students appropriately when such changes occur (section 5.25). Additionally, providers must submit schedules to the Minister in a format that has been pre-approved, ensuring consistency and ease of processing (section 5.40). In terms of consequences for non-compliance, while the document does not explicitly detail penalties, it can be inferred that failure to comply with these streamlined requirements could lead to administrative scrutiny or other regulatory actions under the Higher Education Support Act 2003. Non-compliance might potentially affect the provider’s accreditation or standing within the higher education sector, thereby indirectly impacting their operations and the educational services they provide. The streamlined processes are designed to facilitate compliance and reduce the risk of administrative penalties or legal repercussions for providers.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.