Higher Education Provider Guidelines Amendment No. 3

Administered by Department of Education, Science and Training

Legislation au F2007L04253 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

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

 

 

HIGHER EDUCATION PROVIDER GUIDELINES

 

 

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

 

Subject:  Higher Education Support Act 2003

   Amendment No. 3 to the 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 sets out requirements for providers to determine student contribution amounts (section 19-87 of the Act) and tuition fees (section 19-90 of the Act) for each unit of study they intend to provide.  Subdivision 19F of the Act also specifies procedures to allow a provider to vary a student contribution amount or tuition fee.

 

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.  Amendment No. 2 to the HEP Guidelines was registered on 24 January 2007 and commenced on 25 January 2007.

 

  • A compilation of the HEP Guidelines was registered on 12 March 2007. 

 

  • Chapter 6 of the HEP Guidelines provide rules for publication and other requirements for student contribution amounts and tuition fees.  Chapter 6 of the HEP Guidelines are being amended to reflect changes to requirements for varying student contribution amounts and tuition fee values.

 

Consultation

 

The higher education sector was consulted extensively on the amendment to Chapter 6 of the HEP 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 amendments 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

 

Subdivision 19F of the Act provides for the HEP Guidelines to specify the periods for which student contribution amounts and tuition fees must be determined (section 19-87 of the Act
and section 19-90 of the Act) and the form and manner in which a provider must publish that information (section 19-95 of the Act).

 

Subdivision 19F of the Act also includes provisions which allow providers to vary student contribution amounts and tuition fees by dates and in circumstances specified in the HEP Guidelines.

 

Chapter 6 of the current HEP Guidelines specifies that a variation to a published student contribution amount or tuition fee 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 6 also specifies that the circumstances in which the variation can be made are where the reasons 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 amendments is that:

  • a variation is required to be made before the date specified in paragraph 6.15.1 only if it will disadvantage students; and
  • disadvantage will include a variation that increases the student contribution amount or tuition fee for a unit of study.

 

Detail of the Amendments

 

Chapter 6

 

  • 6.15.1 has been deleted and a new paragraph 6.15.1 inserted.  Paragraph 6.15.1 sets out the dates before which a variation to a student contribution amount must be made under
    section 19-87 of the Act or a variation to a tuition fee must be made under section 19-90 of the Act.  The new paragraph 6.15.1 limits the effect of its provisions to variations to which the circumstances in the new paragraph 6.20.1 (c) apply.  

 

  • 6.20.1 has been deleted and a new paragraph 6.20.1 inserted.  Paragraph 6.20.1 sets out the circumstances which much exist for a provider to be allowed to vary a student contribution amount (under section 19-87 of the Act) or a tuition fee (under section 19-90 of the Act).  Paragraph 6.20.1 specifies that the circumstances must be that:

 

  • the reasons for the variation did not apply at the 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 6.15.1.

 

  • 6.20.5 has been deleted and a new paragraph 6.20.5 inserted.  Paragraph 6.20.5 specifies that when considering disadvantage under paragraph 6.20.1(c) a student will be considered to be disadvantaged where a variation increases the student contribution amount or tuition fee for a unit of study.  Paragraph 6.20.5 does not limit disadvantage under paragraph 6.20.1(c) to these cases.

 

  • 6.20.10 has been deleted.

 

Commencement

 

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

 

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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.