ATTACHMENT B
EXPLANATORY STATEMENT
Issued by the authority of the Minister for Education, Science and Training
Subject: Higher Education Support Act 2003
Higher Education Provider 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 Higher Education Provider (HEP) Guidelines to give effect to matters set out in Part 2‑1 of the Act.
Subdivision 19F in Part 2-1 of the Act details the contribution and fee requirements for higher education providers. Subdivision 19F of the Act was recently amended by the Higher Education Legislation Amendment (2006 Budget and Other Measures) Act 2006 to allow a higher education provider to determine, for all places in a unit of study during a period, one or more student contribution amounts or tuition fees. The amendments also dealt with the saving and revocation of student cohort determinations made under repealed provisions of the Act. The Act allows specification in the HEP Guidelines of matters to which a HEP must not have regard when determining student contribution amounts or tuition fees, as well as the inclusion of the date before which and circumstances in which a provider may revoke a saved determination made under the previous arrangements regarding student cohorts.
Background
- The HEP guidelines to be amended were registered and commenced on 13 September 2005. Amendment No. 1 to the HEP Guidelines was registered on 17 November 2006 and commenced on 18 November 2006.
- A compilation of the HEP Guidelines was registered on 27 November 2006.
- The Guidelines are now being amended a second time as a result of the commencement of the Higher Education Legislation Amendment (2006 Budget and Other Measures) Act 2006 (No. 121, 2006).
Consultation
The matters to which HEP’s may not have regard in the setting of student contribution amounts and tuition fees detailed in Chapter 6 were the subject of consultation with the sector prior to the introduction of the Higher Education Legislation Amendment (2006 Budget and Other Measures) Bill 2006. The dates specified in relation to the provisions in that Act dealing with saving and revoking student cohort determinations are required to give effect to those provisions and have not been subject to consultation. Other amendments are minor technical and editorial amendments aimed at giving effect to existing arrangements and consultation was not warranted.
Overview
The substantive changes relate to Chapter 6 of the Guidelines, Publication Requirements for Student Contribution Amounts and Tuition Fees, which has been deleted and replaced, and Chapter 7 Conditions for a Student Cohort, which has been deleted.
Chapters 8 and 9 have each been renumbered to become Chapters 7 and 8 respectively because of the deletion of the previous Chapter 7.
Details
Chapter 1
Chapter 1, Introduction, has been amended under the subheading Purpose to insert more information to describe the changed and expanded content of the Guidelines.
1.5.5 under the subheading Interpretation has been amended to include three new definitions to clarify and assist overall understanding when reading the Guidelines.
Chapter 2
Paragraph 2.5.1.15 (b) of Chapter 2, The Tuition Assurance Requirements, under the subheading Statement of Tuition Assurance has been amended from “tuition assurance scheme” to “tuition assurance arrangement” to correct an incorrect reference.
Chapter 6
Chapter 6, Publication Requirements for Student Contribution Amounts and Tuition Fees, has been deleted and replaced with a new Chapter 6 headed Publication and Other Requirements for Student Contribution Amounts and Tuition Fees. Chapter 6 gives effect to changes to the Act passed in November 2006. A HEP must charge student contribution amounts and tuition fees for each unit of study in which it enrols students. It must determine these with regard to any matters it considers appropriate, other than matters specified in the HEP Guidelines. It must publish schedules of the student contribution amounts and tuition fees and can vary the information in the schedules only under certain circumstances and if it complies with certain conditions.
- 6.5 provides for the setting of student contribution amounts and tuition fees and publication of schedules twice per year.
- 6.10 provides details of the dates by which a HEP must publish schedules of student contribution amounts and tuition fees.
- 6.11 introduces matters to which a HEP must not have regard when determining more than one student contribution amount or tuition fee, being any matter relating to the manner or timing in which a student pays their student contribution amount or tuition fee. This is a new provision arising out of the amendments to the Act. The purpose is to ensure that students cannot be charged different student contribution amounts or tuition fees on the basis of whether they choose to pay up front or take out a HELP loan.
- 6.15 and 6.20 set out the date before which and circumstances in which variations to student contribution amounts and tuition fees may be made.
- 6.25, 6.30 and 6.35 provide for the savings provisions with regard to student cohorts. Paragraph 6.25 details the requirements relating to publishing information on student cohorts made under the previous arrangements, and paragraphs 6.30 and 6.35 detail the date before which and circumstances in which a HEP may revoke a saved determination made under the previous arrangements regarding student cohorts.
Chapter 7
Chapter 8, Fees in Respect of Overseas Students, becomes Chapter 7 as a result of renumbering due to the deletion of the previous Chapter 7, Conditions for a Student Cohort. No other amendments have been made to Chapter 7.
Chapter 8
Chapter 9, Fees for Goods and Services Incidental to Studies, becomes Chapter 8 as a result of renumbering. No other amendments have been made to this chapter.
Commencement
These guidelines will commence on the day after the day on which they are registered on the Federal Register of Legislative Instruments.