Higher Education Support Act 2003
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study unless: (a) the provider has entered into a funding agreement under section 30-25 for the year in which the person is undertaking the unit; and (b) the unit contributes to the requirements of a *course of study in which the person is enrolled with that provider or another higher education provider; and (ba) the person has been assessed by the higher education provider, in accordance with section 19-42 , as academically suited to undertake the unit; and (c) the person meets the citizenship or residency requirements for the purposes of this paragraph (see subsections (2) and (2A)); and (d) (Repealed by No 104 of 2011)
(i) is *covered by the person ' s *Student Learning Entitlement; or
(ii) wholly consists of *work experience in industry; or
(e) the person:
(iii) is undertaken as part of an *enabling course; and
(i) enrolled in the unit on or before the *census date for the unit; and
(f) if:
(ii) at the end of the census date, remained so enrolled;
(i) the census date for the unit is on or after 1 January 2021 and before 1 January 2023 and the person commenced the course of study on or after 1 January 2021; or
the person has a *student identifier immediately before the census date.
(ii) the census date for the unit is on or after 1 January 2023;
[ CCH Note: S 36-10(1) will be amended by No 93 of 2020, s 3 and Sch 4B item 2, by inserting para (d), applicable in relation to a unit of study that has a census date that is on or after 1 January 2022 (whether the unit of study is part of a course of study commenced before, on or after that day). Para (d) will read:
]
(d) if the course of study is a course of study other than an *enabling course - the unit is *covered by the person ' s Student Learning Entitlement; and
A person meets the citizenship or residency requirements for the purposes of paragraph (1)(c) if the person is: (a) an Australian citizen; or (b) a citizen of New Zealand who will be resident within Australia for the duration of the unit; or (c) a *permanent visa holder who will be resident within Australia for the duration of the unit.
In determining, for the purposes of subparagraph (2)(b) or (c), whether a person will be resident within Australia for the duration of the unit of study, disregard any period of residence outside Australia if: (a) it cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or (b) it is required for the purpose of completing a requirement of that unit.
Despite subsections (2) and (2A), a person does not meet the citizenship or residency requirements under subsection (2), if the higher education provider reasonably expects that he or she will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part.
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study if the person has notified an *appropriate officer of the provider that he or she does not wish to be a Commonwealth supported student in relation to the unit. 36-10(4)
A notice under subsection (3): (a) must be in writing; and (b) must be given on or before the *census date for the unit. Additional requirement for non-Table A providers 36-10(5)
A higher education provider that is not a *Table A provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study unless: (a) the unit in which the person is enrolled is within a *national priority; and (b) the provider has received a grant under this Part for that national priority for the year in which the person is undertaking the unit; and (c) if the national priority is a *course of study that has been specified in the Commonwealth Grant Scheme Guidelines to be a national priority - the unit is contributing to the requirements of that course. Additional requirement relating to work experience in industry 36-10(6)
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study that wholly consists of *work experience in industry unless: (a) the unit forms part of a *course of study; and (b) the person is enrolled, or has previously been enrolled, in another unit of study in that course:
(i) that does not, or did not, wholly consist of work experience in industry; and
Units of study at full fee summer or winter schools 36-10(7)
(ii) in relation to which the person is, or was, a Commonwealth supported student.
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study if: (a) the person undertakes the unit wholly during a summer school period (the current summer school period ) or a winter school period (the current winter school period ); and (b) the provider has determined that this subsection applies to the unit.
A higher education provider may determine that subsection (7) applies to a unit of study only if each person who could undertake the unit during the current summer school period or current winter school period could undertake, or could have undertaken, the unit during a period other than a summer school period or winter school period as part of a *course of study undertaken by the person with the higher education provider.
The higher education provider must make the determination: (a) before the start of the current summer school period, if the determination relates to a unit undertaken during a summer school period; or (b) before the start of the current winter school period, if the determination relates to a unit undertaken during a winter school period.
In this section:
summer school period
means a period that starts on or after 1 November in a year and ends after 1 January, but before 1 March, in the following year.
winter school period
means a period that starts on or after 1 June in a year and ends on or before 31 August in that year.
[
CCH Note:
S 36-13 will be inserted by No 93 of 2020, s 3 and Sch 4 item 40, effective 1 January 2022 and applicable in relation to a unit of study if: (a) the unit of study is undertaken as part of a course of study; and (b) the student enrolled in the course of study on or after 1 January 2022; and (c) the unit of study has a census date that occurs on or after that day; and (d) the unit is provided by a higher education provider taken to be approved under section
16-5
of the Act, whether taken to be approved before, on or after that day. S 36-13 will read:
SECTION 36-13 Advice on whether a person is a Commonwealth supported student
-
failure to complete previous units
]
36-13(1)
A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:
(a)
in a case where the unit of study is part of a *course of study leading to a *higher education award that is a bachelor degree or higher qualification:
(i)
the student has already undertaken 8 or more other units of study with that provider as part of that course of study; and
(ii)
the student did not successfully complete at least 50% of those other units; or
(b)
in any other case:
(i)
the student has already undertaken 4 or more other units of study with that provider as part of a course of study; and
(ii)
the student did not successfully complete at least 50% of those other units.
36-13(2)
In determining, for the purposes of subparagraphs (1)(a)(ii) and (b)(ii), the number of units the student did not successfully complete, disregard any units:
(a)
not completed by the student; and
(b)
in respect of which the provider is satisfied that special circumstances apply in relation to the student (see subsection (3)).
36-13(3)
For the purposes of paragraph (2)(b), special circumstances apply in relation to the student in respect of a unit of study if, and only if, the higher education provider is satisfied that circumstances apply in relation to the student that:
(a)
are beyond the student
'
s control; and
(b)
do not make their full impact on the student until on or after the *census date for the unit of study; and
(c)
make it impracticable for the student to complete the requirements for the unit during the period during which the student undertook, or was to undertake, the unit.
36-13(4)
The Administration Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (3)(a) or (b).
36-13(5)
A higher education provider will be satisfied of the matter referred to in paragraph (3)(c) in relation to a unit of study if the provider is satisfied that any of the following circumstances apply in relation to a student:
(a)
the student
'
s medical condition changed or worsened to such an extent that the student was unable to complete the requirements for the unit;
(b)
a member of the student
'
s family died and it is unreasonable to expect the student to have completed the requirements for the unit;
(c)
a member of the student
'
s family had a serious medical condition and it is unreasonable to expect the student to have completed the requirements for the unit;
(d)
financial difficulties experienced by the student, or a member of the student
'
s family, are such that it is unreasonable to expect the student to have completed the requirements for the unit;
(e)
the student
'
s employment status or arrangements changed such that the student was unable to complete the requirements for the unit;
(f)
changes made in relation to the unit by the provider, or another higher education provider, disadvantaged the student;
(g)
it is unreasonable to expect the student to have completed the requirements for the unit because of a natural disaster, or other emergency, that occurred in Australia;
(h)
any other circumstances that the provider considers relevant;
(i)
any other circumstances specified in the Administration Guidelines for the purposes of this paragraph.
36-13(6)
Without limiting paragraph (5)(i), the Administration Guidelines may specify circumstances relating to a matter mentioned in subsection (5).
36-13(7)
If the Administration Guidelines specify circumstances for the purposes of subsection (4) or paragraph (5)(i), a decision of a higher education provider under this section must be in accordance with those guidelines.
36-13(8)
If a higher education provider is unable to act for the purposes of this section (other than subsection (1)), the *Secretary may act as if one or more references in this section (other than subsection (1)) to a higher education provider were a reference to the Secretary.
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