EXPLANATORY STATEMENT
Guidelines issued under section 238-10 of the Higher Education Support Act 2003
Higher Education Provider Guidelines 2011
Issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations.
Subject: Higher Education Support Act 2003
Higher Education Provider Guidelines 2011
Authority
Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make guidelines providing for matters required or permitted by the Act necessary or convenient to be provided in order to carry out or give effect to the Act. In particular item 6 of section 238-10 specifies the Minister may make Higher Education Provider Guidelines to give effect to matters set out in Part 2-1 of the Act.
Purpose and operation
This legislative instrument amends the Higher Education Provider Guidelines made on 5 October 2007 and registered on 29 October 2007 (see F2007L04253).
Background
The amendments to the Higher Education Provider Guidelines are necessary to reflect the recent amendments to the Act by the Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Act 2011, which implements a demand driven funding system for undergraduate places at public universities from 2012.
Universities will now be able to determine the number of students that they choose to enrol in bachelor level courses with the exception of courses in medicine.
The student learning entitlement (SLE) which currently limits a student to the equivalent of approximately seven years full-time study as a Commonwealth supported student will be abolished.
There will also be a requirement for Table A and Table B providers to have institutional policies in place to promote and protect free intellectual inquiry in learning, teaching and research.
Overview of the Higher Education Provider Guidelines
Chapter 1
Item 1 – Paragraph 1.1.1 provides an overview of the content of the Higher Education Provider Guidelines. This section has been amended to update legislative references and remove all mentions of SLE.
Item 2 – Deletes paragraphs 1.1.5 to 1.1.50.
Chapter 2
Item 3 – Paragraph 2.1.5 sets out the four components of the tuition assurance requirements, this section has been amended to update legislative references as a result of the implementation of the demand driven funding system.
Item 4 – Paragraph 2.4.2 sets out the requirements for first providers, where a first provider has ceased to provide a unit of study and the student who was enrolled in that unit has chosen to be repaid any student contribution or tuition fee amounts. This section has been amended to update the legislative references.
Item 5 – Paragraph 2.4.4 sets out the requirements for second providers, where a second provider receives an application for repayment of a student’s contribution amount or remission of their HECS debt in relation to a replacement unit. This section has been amended to update the legislative references.
Item 6 – Paragraph 2.4.5 sets out the notification requirements for a First Provider if a Second Provider has determined that special circumstances apply to a student. This section has been amended to update the legislative references.
Item 7 – Paragraph 2.4.6 sets out the requirements for First Providers and Second Providers where the requirements for re-crediting a student’s FEE-HELP balance have been met. This section has been amended to update legislative references and remove all mentions of SLE.
Item 8 – Paragraph 2.4.7 sets out the requirements for the Repayment TAS Operator or Repayment Guarantor regarding remission of any HECS-HELP debt or FEE-HELP debt. This section has been amended to update the legislative references.
Item 9 – Paragraph 2.5.1.15 provides that the Statement of Tuition Assurance must explain to students what will happen if the First Provider ceases to provide the course of study in which they are enrolled. This section has been amended to remove all mentions of SLE.
Chapter 6
Item 10 – Paragraph 6.20.1(b) provides that a higher education who intends to vary a student contribution amount or tuition fee must notify the Department of Education, Employment and Workplace Relations at least 5 working days before making the variation. This section has been amended to update the contact details for the Department.
Item 11 – Paragraph 6.35.1 provides that a higher education provider can only revoke a saved determination if the provider has advised the Department in writing of its intention to revoke the saved determination. This section has been amended to update the Department’s name.
Chapter 7
Item 12 – Paragraph 7.5.1(b) provides that a fee for an overseas student cannot be less than those shown in the schedule of minimum indicative course fees except in the two circumstances outlined in this section. This section has been amended to update the Department’s name.
Commencement
This legislative instrument shall come into effect on 1 January 2012.
Consultation
The recent amendments to the Act by the Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Act 2011 gave effect to 2009‑10 Budget measures and reflect the Government’s response to the Review of Australian Higher Education. As part of the Review, extensive consultation was undertaken with the higher education sector, including higher education providers, peak bodies, state and territory governments and other key stakeholders.
The provisions of the legislative instrument are intended to ensure the Higher Education Provider Guidelines reflect the legislative changes to the Act. On this basis consultation was not considered necessary and was not undertaken.