Higher Education Support Act 2003

Chapter 3 - Assistance to students  


Division 104 - Who is entitled to FEE-HELP assistance?  

Subdivision 104-A - Basic rules  

SECTION 104-3   Failure by Open Universities Australia to comply with FEE-HELP Guidelines etc.  


The Minister may determine, by legislative instrument, that there is to be no entitlement to *FEE-HELP assistance for a specified year for units of study to which access is provided by *Open Universities Australia, if the Minister is satisfied that Open Universities Australia has, during the 2 years immediately preceding the specified year, failed to comply with the FEE-HELP Guidelines or with subsection (5).

Without limiting the generality of what may be included in the FEE-HELP Guidelines, they may include any or all of the following:

(a) requirements relating to the financial viability of *Open Universities Australia;

(b) requirements relating to the quality of tuition accessed through Open Universities Australia;

(c) requirements relating to fairness in the treatment of persons accessing, or seeking to access, tuition through Open Universities Australia;

(d) requirements relating to compliance with this Act, the regulations and other Guidelines made under this Act;

(e) requirements relating to *tuition fees for units of study accessed through Open Universities Australia;

(f) requirements relating to the provision of information to the Commonwealth by Open Universities Australia that is relevant in any way to the provision of *FEE-HELP assistance to students accessing units of study through Open Universities Australia, or the repayment of the *HELP debts of those students;

(g) administrative requirements of the kinds imposed on higher education providers under Parts 5.2 and 5.3 of this Act.

A student is not entitled to *FEE-HELP assistance for a unit of study if:

(a) access to the unit is provided by *Open Universities Australia; and

(b) the Minister has made a determination under subsection (1) in relation to the year during which the unit is accessed; and

(c) the determination was made before 1 July in the year immediately preceding that year.


*Open Universities Australia must comply with section 19-37 as if it were a higher education provider.

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