House of Representatives

Higher Education Legislation Amendment (2007 Measures No. 1) Bill 2007

Explanatory Memorandum

(Circulated by authority of the Minister for Education, Science and Training, the Honourable Julie Bishop MP)

Schedule 6 - Bridging courses provided by Open Universities Australia

Higher Education Support Act 2003

Item 1 - Subsection 104-45(1)

Subdivision 104-C deals with bridging courses for overseas-trained professionals for the purposes of FEE-HELP assistance. Section 104-45 deals with the meaning of bridging course for overseas-trained professionals and subsection 104-45(1) deals with courses consisting of subjects or units.

The amendments made by Schedule 6 are to reflect that subjects or units of study for bridging courses for overseas trained professionals may be provided by Open Universities Australia as well as by higher education providers.

Item 1 amends subsection 104-45(1) to insert the words ", or to which access is provided by Open Universities Australia," after the words "higher education provider".

Item 2 - Paragraph 104-45(1)(c)

Item 2 deletes and replaces paragraph 104-45(1)(c). Proposed new paragraph 104-45(1)(c) now provides that one or more subjects or units of study in which a person is enrolled are together a bridging course for overseas-trained professionals if the person meets the other requirements listed in subsection 104-45(1) and (paragraph 104-45(1)(c)) undertakes, or proposes to undertake, those additional studies by:

enrolling, or proposing to enrol, on a non-award basis, in those subjects or units with the provider; or
accessing, or proposing to access, those subjects or units through Open Universities Australia.

Items 3, 6 and 9 - Paragraphs 104-45(1)(d), 104-45(2)(d) and 104-45(3)(d)

Items 3, 6 and 9 make consequential amendments to reflect the amendments made by item 1. Items 3, 6 and 9 amend paragraphs 104-45(1)(d), 104-45(2)(d) and 104-45(3)(d) respectively by deleting the words "provider's opinion" and replacing those words with the words "opinion of the provider or Open Universities Australia".

Item 4 - Subsection 104-45(2)

Item 4 is a further consequential amendment of item 1. Item 4 amends subsection 104-45(2) by inserting the words ", or to which access is provided by Open Universities Australia," after the words "higher education provider".

Item 5 - Paragraph 104-45(2)(c)

Subsection 104-45(2) deals with courses consisting of occupation-related courses of instruction.

Item 5 deletes and replaces paragraph 104-45(2)(c). Proposed new paragraph 104-45(2)(c) provides that one or more occupation-related courses of instruction in which a person is enrolled are together a bridging course for overseas-trained professionals if the person meets the other requirements listed in subsection 104-45(2) and the person prepares, or proposes to prepare, for those examinations by:

enrolling, or proposing to enrol, on a non-award basis, in those occupation-related courses of instruction with the provider; or
accessing, or proposing to access, those occupation-related courses of instruction through Open Universities Australia.

Item 7 - Subsection 104-45(3)

Item 7 amends subsection 104-45(3) by inserting the words ", or to which access is provided by Open Universities Australia," after the words "higher education provider".

Item 8 - Paragraph 104-45(3)(c)

Subsection 104-45(3) deals with courses consisting of tuition and training programs.

Item 8 deletes and replaces paragraph 104-45(3)(c). Proposed new paragraph 104-45(3)(c) provides that a tuition and training program in which a person is enrolled is a bridging course for overseas-trained professionals if the person meets the other requirements listed in subsection 104-45(3) and the person undertakes, or proposes to undertake, such a program by:

enrolling, or proposing to enrol, on a non-award basis, in a tuition and training program with the provider; or
accessing, or proposing to access, a tuition and training program through Open Universities Australia.


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