Amendment No. 2 to the Administration Guidelines

Administered by Department of Education, Science and Training

Legislation au F2007L04252 Not in force Legislative Instrument

Legislation content

 

 

EXPLANATORY STATEMENT

 

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

 

 

ADMINISTRATION GUIDELINES

 

Issued by the authority of the Minister for Education, Science and Training

 

Subject:  Higher Education Support Act 2003

   Amendment No. 2 to the Administration Guidelines

 

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.  In particular, section 238-10 specifies that the Minister may make Administration Guidelines to give effect to matters set out in Chapter 5 of the Act.

 

Background

 

  • The Administration Guidelines were registered and commenced on 13 September 2005.

 

  • Amendment No. 1 to the Administration Guidelines was registered on 21 May 2007 and commenced on 22 May 2007.

 

  • A compilation of the Administration Guidelines was registered on 22 June 2007.

 

  • The Administration Guidelines are being amended to reflect changes to requirements for varying published census dates and Equivalent Full-Time Student Load (EFTSL) values.

 

Consultation

 

The higher education sector was consulted extensively on the amendment to Chapter 4 of the Administration Guidelines.  On 27 August  2007, the draft amendment was sent to the Australian Vice-Chancellors’ Committee (now Universities Australia), the Australian Technology Network, Innovative Research Universities Australia, the Council of Private Higher Education and the Australian Council for Private Education and Training for comment.  Comments on the draft amendment were then sought from the sector more broadly through the
Backing Australia’s Future - Realising Our Potential Newsletter No. 28 in September 2007.  The responses received were favourable.

 

Overview

 

Section 169-25 of the Act sets out requirements for higher education providers to determine census dates and EFTSL values for each unit of study they intend to provide.  Section 169-25 of the Act provides that the Administration Guidelines may specify the periods for which census dates and EFTSL values must be determined and the date by which a provider must publish that information.

 

Section 169-25 of the Act also includes provisions which allow providers to vary published information by dates and in circumstances specified in the Administration Guidelines. 

 

Chapter 4 of the current Guidelines specifies that a variation to a published census date or EFTSL value must occur before the earlier of 2 months before the commencement of the unit or the last day to enrol without incurring a late enrolment fee.  The current Chapter 4 also specifies that the circumstances in which the variation can be made are where the reason for the variation were unforseen and beyond the provider’s control and the provider has notified the Department of Education, Science and Training (the Department) of the change.

 

The effect of the amendment is that:

  • a variation is required to be made before the date specified in paragraph 4.15.1 only if it will disadvantage students; and
  • disadvantage will include a variation that brings forward the census date or reduces the EFTSL value for a unit of study.

 

Details of the Amendment

 

 

Chapter 4

 

  • 4.15.1 has been deleted and a new paragraph 4.15.1 inserted.  Paragraph 4.15.1 sets out the dates before which a variation to a census date or EFTSL value must be made under subsection 169-25(4) of the Act.  The new paragraph 4.15.1 limits the effect of its provisions to variations to which the circumstances in the new paragraph 4.20.1 (c) apply.  

 

  • 4.20.1 has been deleted and a new paragraph 4.20.1 inserted.  Paragraph 4.20.1 sets out the circumstances which much exist for a provider to be allowed to vary a census date or EFTSL value under subsection 169-25(4) of the Act.  Paragraph 4.20.1 specifies that the circumstances must be that:

 

  • the reasons for the variation did not apply at time the original determination was made;
  • that the Department has been notified 5 days prior to the variation; and
  • if students will be disadvantaged that the variation is made before the dates ascertained in accordance with paragraph 4.15.1.

 

  • 4.20.5 has been deleted and a new paragraph 4.20.5 inserted.  Paragraph 4.20.5 specifies that when considering disadvantage under paragraph 4.20.1(c) a student will be considered to be disadvantaged where a variation reduces an EFTSL value or brings forward a census date for a unit of study.  Paragraph 4.20.5 does not limit disadvantage under 4.20.1(c) to these cases.

 

  • 4.20.10 has been deleted.

 

  • 4.25.5 has been deleted and a new paragraph 4.25.5 inserted.  Paragraph 4.25.5 specifies that when a census date or EFTSL value has been varied in accordance with paragraphs 4.15 and 4.20 it must be published within 2 weeks of the variation. 

 

Commencement

 

These guidelines will commence on the day after the day on which they are registered on the Federal Register of Legislative Instruments.

 

Overview

The Higher Education Support Act 2003, enacted by the Parliament of Australia, addresses the need for a regulatory framework governing the higher education sector. This Act aims to ensure the provision of higher education is supported and managed effectively. One of the key provisions of the Act is the authority for the Minister to issue Administration Guidelines, which are intended to clarify and assist in the administration of the Act. The Administration Guidelines, which commenced on 13 September 2005, were amended on 22 May 2007, and further refined with a compilation registered on 22 June 2007. The most recent amendment, registered on 27 August 2007, was made to address the requirements for varying published census dates and Equivalent Full-Time Student Load (EFTSL) values, reflecting extensive consultations with the higher education sector. The objective of these amendments is to ensure that any variations to published census dates or EFTSL values are managed in a way that prevents student disadvantage, while maintaining flexibility for higher education providers.

Scope and Application

The Administration Guidelines, issued under the Higher Education Support Act 2003, pertain specifically to higher education providers in Australia, including universities and other institutions that offer higher education courses. These guidelines are established to provide clarity and administrative direction for matters outlined in Chapter 5 of the Act, particularly in relation to the determination and variation of census dates and Equivalent Full-Time Student Load (EFTSL) values for units of study. The geographic reach of these guidelines is nationwide, aligning with the federal nature of the Act. They are designed to apply to all higher education providers across Australia, irrespective of whether they are public or private institutions. The guidelines also incorporate specific provisions that allow for variations to published census dates and EFTSL values under certain circumstances, aiming to mitigate potential disadvantages to students. However, these variations must adhere to the stipulations set out in the Administration Guidelines, which include notifying the Department of Education, Science and Training five days prior to the variation and ensuring that any disadvantage to students is avoided by making variations within specified timeframes. The guidelines themselves are subject to amendment, with the latest amendment reflecting changes to the requirements for varying published census dates and EFTSL values. These amendments ensure that the guidelines remain current and effective in addressing the needs of higher education providers and students alike.

Key Provisions

The main operative sections of the Administration Guidelines pertain to the alteration of census dates and Equivalent Full-Time Student Load (EFTSL) values for units of study. Section 4.15.1 specifies that variations to these elements must occur before certain critical dates unless doing so would disadvantage students, in which case, the variation must occur earlier. Section 4.20.1 outlines the conditions under which variations can be made, while Section 4.20.5 elaborates on what constitutes student disadvantage, such as reducing an EFTSL value or advancing a census date. Section 4.25.5 mandates that any varied information must be published within two weeks of the variation. The Act imposes several obligations on higher education providers. Firstly, they must determine census dates and EFTSL values for each unit of study and publish this information as required by the Guidelines. Secondly, providers must adhere to the specified timelines and conditions when making any variations to these dates and values. Additionally, they must notify the Department of Education, Science and Training five days prior to implementing any variation and publish the altered information within two weeks of the variation. Failure to comply with these requirements may lead to significant repercussions for the providers. Breaches of the Administration Guidelines may have both civil and criminal consequences. The Act does not specify explicit penalties for violations; however, any non-compliance could lead to disciplinary actions against the providers, which may include financial penalties or sanctions. Furthermore, if the non-compliance results in significant student disadvantage, it may also trigger an investigation by regulatory authorities, potentially leading to further legal and financial repercussions for the 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.