Higher Education Provider Guidelines Amendment No. 4 (Australia)

Higher Education Provider Guidelines Amendment No. 4

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Commonwealth of Australia

Higher Education Support Act 2003

HIGHER EDUCATION PROVIDER GUIDELINES

Amendment to Guidelines made pursuant to section 238-10 of the
Higher Education Support Act 2003

I, Chris Evans, Minister for Tertiary Education, Skills, Jobs and Workplace Relations, pursuant to section 238-10 of the Higher Education Support Act 2003 ("the Act"), make the attached amendment to the Higher Education Provider Guidelines for the purposes of the Act.

Dated this 5th day of December 2011.

Signed

___________________________________________
CHRIS EVANS
Minister for Tertiary Education, Skills, Jobs and Workplace Relations

Commonwealth of Australia

Higher Education Support Act 2003

HIGHER EDUCATION PROVIDER GUIDELINES

Amendment No. 4

(i)      CITATION

This legislative instrument may be cited as Amendment No. 4 to the Higher Education Provider Guidelines.

(ii)     AUTHORITY

This legislative instrument is made under subsection 238-10 of the Act for the purposes of the Act.

(iii)    DATE OF EFFECT

This legislative instrument shall come into effect on 1 January 2012.

(iv)    AMENDMENT

This legislative instrument amends the Higher Education Provider Guidelines made on 5 October 2007 and registered on 29 October 2007 (see F2007L04253).

ITEM 1

Delete paragraph 1.1.1 and substitute:

1.1.1 The purpose of these Guidelines is to:
a)     set out the tuition assurance requirements which a body corporate must fulfil to be approved by the Minister as a higher education provider under the Act and with which higher education providers other than Table A providers must comply in order to maintain their approval as higher education providers under the Act;
b)     set out the grievance procedures which a body corporate must be willing and able to meet in order to be approved as a higher education provider under the Act and with which higher education providers other than Table A providers must comply in order to maintain their approval as higher education providers under the Act;
c)     set out procedures to be followed by review officers reviewing reviewable decisions under Chapter 3 of the Act;
d)     name the quality auditing body which will audit higher education providers
e)     specify periods under subsections 19-87(1), 19-90(1) and 19-95(1) of the Act;
f)      specify the date by which a higher education provider must publish the schedule of the student contribution amounts for places and tuition fees for a particular period under paragraph 19-95(2)(b) of the Act;
g)     specify matters to which a higher education provider must not have regard when setting student contribution amounts or tuition fees under subsections 19‑87(2A) or 19-90(3) of the Act;
h)     specify the date before which a variation to a:
(i)    student contribution amount must be made under subparagraph 19‑87(3)(a)(i) of the Act; and
(ii)   tuition fee must be made under subparagraph 19-90(4)(a)(i) of the Act.
i)       specify the circumstances in which a:
(i)    student contribution amount may be varied under subparagraph 19‑87(3)(a)(ii) of the Act; and
(ii)   tuition fee may be varied under subparagraph 19‑90(4)(a)(ii) of the Act.
j)       specify the date by which information on student contribution amounts for places in units, or tuition fees, to apply to students in student cohorts must be published and made publicly available under subsection 19‑97(2) of the Act before section 19-97 of the Act was repealed by item 6 of Schedule 3 of the Budget and Other Measures Act;
k)     specify the date before which, and the circumstances in which, a higher education provider may revoke a saved determination under item 13(4) or item 14(4) of the Budget and Other Measures Act;
l)       specify in relation to the repayment of amounts where subsections 36-20(3) and 36-20(4) of the Act apply:
(i)    the amount (if any) that is to be paid to the person; and
(ii)   the amount (if any) that is to be paid to the Commonwealth; and
(iii) the person (if any) who is to pay the amounts.
m)    specify in relation to the re-crediting of a person’s FEE-HELP balance in circumstances where subsections 110-5(1A) and 110-5(1B) of the Act apply:
(i)    the amount (if any) that is to be paid to the Commonwealth; and
(ii)   the person (if any) who is to pay the amounts;
n)     specify the obligations on higher education providers in their capacity as providers of course assurance to other higher education providers;
o)     detail the requirements for fees in respect of overseas students which are the fees referred to in paragraph 19-102(3)(d) of the Act.

ITEM 2

Delete paragraphs 1.1.5 to 1.1.50

ITEM 3

Delete paragraph 2.1.5 and substitute:

2.1.5         The tuition assurance requirements have four parts:

· Part 1: General Requirements
· Part 2: Course Assurance Requirements;
· Part 3: Student Contribution or Tuition Fee Repayment Requirements (which is the student contribution / tuition fee repayment option referred to in paragraphs 36-24A(e) and 104-42(1)(d) of the Act); and
· Part 4: Administrative and Other Requirements.

ITEM 4

Delete paragraph 2.4.2 and substitute:

2.4.2    If a First Provider ceases to provide a unit as a result of ceasing to provide the course of study of which the unit formed part, and if a student who is enrolled in the unit at that time chooses this student contribution / tuition fee repayment option and not the course assurance option in respect of the unit, then, within one month (or longer period agreed in writing by the Group Manager) after receiving notification of that choice, the First Provider must:
a)     determine that section 36-24A of the Act applies to the student in respect of the unit (if the requirements of subsection 36-24A(e) of the Act are met); or
b)     re-credit the student’s FEE-HELP balance in respect of the unit (if the requirements of subsection 104-42(1) of the Act are met); and
c)     immediately after making the determination or effecting the re-crediting under paragraph 2.4.2(a), 2.4.2(b) or 2.4.2(c), as the case may be, notify its Repayment TAS Operator or Repayment Guarantor (whichever is applicable) to that effect.
(Under subsections 36-24C and 104-42(2) of the Act, the Secretary may make the determination or effect the re-crediting if the First Provider is unable to do so, in which case the Secretary may give the notice referred to in paragraph 2.4.2(d).

ITEM 5

Delete paragraph 2.4.4 and substitute:

2.4.4    If the Second Provider receives an application from any person under paragraph 36-20(1)(e) or 104-25(1)(d) of the Act in relation to a replacement unit in which the person is enrolled with a Second Provider, the Second Provider must:
a)     immediately notify the First Provider and the Group Manager of the application;
b)     ensure that the up-to-date information kept by it under paragraph 2.5.2.1 can be accessed by the Commonwealth and, in order to effectively meet their obligations under the arrangements, the First Provider’s tuition assurance administrators;
c)     deal with the application in accordance with subsection 36-23(1) or subsection 104-40(1) of the Act (as the case may be); and
d)     immediately after having dealt with the application, notify the persons referred to in subparagraph 2.4.4(a) as to whether, in respect of the replacement unit:
(i)     it has determined that section 36-20 of the Act applies to the student; or
(ii)    it is satisfied that the requirements of subsection 104-25(1) of the Act are met.
            (Under subsections 36-24C and 104-25(3) of the Act, the Secretary may act for certain purposes where the relevant provider is unable to do so, in which case the Secretary may give the notice referred to in this subparagraph 2.4.4(d).

ITEM 6

Delete paragraph 2.4.5 and substitute:

2.4.5     If the notice under subparagraph 2.4.4(d)(i) states that the Second Provider has determined that section 36-20 of the Act applies to the student, the First Provider must immediately notify its Repayment TAS Operator or Repayment Guarantor (whichever is applicable) to that effect.

             (The Secretary may give this notice if the First Provider is unable to do so.)

ITEM 7

Delete paragraph 2.4.6 and substitute:

2.4.6     If a notice under subparagraph 2.4.4(d)(ii) states that the Second Provider is satisfied that the requirements of subsection 104-25(1) of the Act are met:
(a) the Second Provider and the persons referred to in sub-paragraph 2.4.4(a) will liaise and do all things reasonably necessary to effect re-crediting of the student’s FEE-HELP balance in relation to the replaced unit within one month after the First Provider receives the notice; and
(b) the First Provider must immediately after the re-crediting has been effected, notify its Repayment TAS Operator or Repayment Guarantor (whichever is applicable) to that effect.
(Under subsection 104-25(3), the Secretary may effect the re-crediting or if the relevant provider is unable to do so, in which case the Secretary may give the notice referred to in subparagraph 2.4.6(b).

ITEM 8

Delete paragraph 2.4.7 and substitute:

2.4.7    Within five Business Days after receiving notification from the First Provider or the Secretary under paragraph 2.4.5, the Repayment TAS Operator or Repayment Guarantor (whichever is applicable) must, for the purposes of subsections 36-20(4) and 110-5(1B) of the Act, and in consequence of the remission of any HECS-HELP debt or FEE-HELP debt under subsections 137-5(4), 137-5(5) or 137-10(4) of the Act:
(a) pay the student the total amount of any up-front-payments paid for the replaced unit to the First Provider by the student (or on behalf of the student by any party other than the Commonwealth); and
(b) pay the Commonwealth any amounts paid for the replaced unit by the Commonwealth to the First Provider in discharge of the student’s liability to pay his or her student contribution amount or tuition fee for the replaced unit.

ITEM 9

Delete paragraph 2.5.1.15 and substitute:

2.5.1.15    The Statement of Tuition Assurance must explain to students, that if the First Provider ceases to provide the course of study in which they are enrolled:
(a) the First Provider must meet the tuition assurance requirements;
(b) the First Provider has a tuition assurance arrangement in place to meet the tuition assurance requirements and the nature of that tuition assurance arrangement;
(c) students will have the choice of:
(i)    an offer of a place in a similar course of study with a Second Provider without any requirement to pay the Second Provider any student contribution or tuition fee for any replacement units (the “course assurance option”); or
(ii)   a refund of their up-front payments for any unit of study that the student commences but does not complete because the First Provider ceases to provide the course of study of which the unit forms part (an “Affected Unit”) (and, if the student chooses this option, a corresponding remission of the student’s HECS‑HELP debt or re-crediting of any FEE-HELP balance relating to that unit) (the “student contribution / tuition fee repayment option”); and
(d) if students choose the course assurance option:
(i)    the nature of the similar course of study that would be offered to students;
(ii)   the name of the Second Provider that would be providing this similar course of study;
(iii) the qualification to which this similar course of study would lead; how much credit a student would receive for the units of study they have completed with the First Provider towards the similar course of study [Note: This will be full credit unless otherwise approved by the Minister under subparagraph 2.3.5(b)(ii)];
(iv) that the Second Provider might have different student contribution amounts or tuition fees for units of study in the remainder of the similar course of study, to the amounts or fees students would have paid for units of study which were part of the course of study the First Provider ceased to provide; and
(v) that students are not obliged to enrol in the course offered with the Second Provider under the course assurance option, but that if they enrol with any other provider there is no obligation on that provider to offer full credit transfer for the units of study completed with the First Provider or to offer a replacement unit free of charge.

ITEM 10

Delete paragraph 6.20.1(b) and substitute:

(b) the higher education provider has advised the Department of Education, Employment and Workplace Relations in writing, to aip@deewr.gov.au of its intention to vary the student contribution amount or tuition fee at least 5 working days before making the
variation; and

ITEM 11

Delete paragraph 6.35.1 and substitute:

6.35.1 A higher education provider may revoke a saved determination only if the provider has advised the Department of Education, Employment and Workplace Relations, in writing, of its intention to revoke the saved determination.

ITEM 12

Delete paragraph 7.5.1(b) and substitute:

(b) The fee must be no less than those shown for the relevant category of courses in the schedule of minimum indicative course fees, which forms part of these guidelines, except where:
(i)    a course is provided wholly off-shore and students will not at any stage enter Australia for study; or

(ii)   approval has been given by the Department of Education, Employment and Workplace Relations to charge less than the minimum indicative fee for a course.