Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-7 - REVIEW OF DECISIONS  

Division 206 - Which decisions are subject to review?  

SECTION 206-1   206-1   Reviewable decisions etc.  


The table sets out:

(a)  the reviewable decisions under this Act; and

(b)  the decision maker, for the purposes of this Division, in respect of each of those decisions.


Reviewable decisions
Item Decision Provision under which decision is made     Decision maker
1AA A decision to impose a condition on the approval of a higher education provider subsection 16-60(1)     the Minister
1AB A decision to vary a condition imposed on the approval of a higher education provider subsection 16-60(2)     the Minister
1AC A decision that a person is not a genuine student in relation to a unit of study subsection 36-5(5) the *Secretary
1AD A decision that undertaking a unit of study will impose an unreasonable study load on a student subsection 36-12(2) (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision - the Secretary
1AE A decision that special circumstances do not apply in relation to a person paragraph 36-13(2)(b) (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision that special circumstances do not apply - the Secretary
1A A decision that section 36-20 does not apply to a person section 36-20 (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision that the section does not apply - the Secretary
1BA Refusal to re-credit a person ' s *SLE amount with an amount equal to the *EFTSL value of a unit of study subsection 79-1(1) (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision to refuse the re-crediting - the Secretary
1BB Refusal to re-credit one or more of the amounts referred to in paragraphs 79-1(2)(a) , (b) and (c) to take account of a re-credit of a person ' s *SLE amount under subsection 79-1(1) subsection 79-1(2) (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision to refuse the re-crediting - the Secretary
1B Refusal to re-credit a person ' s *HELP balance subsection 97-25(2) (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision to refuse the re-crediting - the Secretary
1C Refusal to re-credit a person ' s *HELP balance subsection 97-45(1) (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision - the Secretary
1D Refusal to re-credit a person ' s *HELP balance subsection 97-50(1) (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision - the Secretary
1E A decision that a student is not a genuine student in relation to a unit of study subsection 104-1(1AA) the *Secretary
1F A decision that undertaking a unit of study will impose an unreasonable study load on a student subsection 104-1AA(2) (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision - the Secretary
1 A decision that section 104-30 does not apply to a person subsection 104-1A(2) the higher education provider with whom the student is enrolled in the unit
2 Refusal to re-credit a person ' s *HELP balance subsection 104-25(1) (a) the higher education provider with whom the student is enrolled in the unit; or
(b) if the *Secretary made the decision to refuse the re-crediting-the Secretary
2A Refusal to re-credit a person ' s *HELP balance subsection 104-25(2) (a) *Open Universities Australia; or
(b) if the *Secretary made the decision to refuse the re-crediting-the Secretary
2AA A decision that the indexation of a person ' s *accumulated HELP debt is not to be reduced, or is to be reduced in respect of a particular number of days section 142-10 the *Secretary
2AB A decision that a person ' s accumulated HELP debt is not to be reduced, or is to be reduced by a particular amount section 142-15 the *Secretary
3 Deferral of making an assessment or refusal to defer the making of an assessment section 154-45     the *Commissioner
4 Amending the assessment or refusal to amend an assessment section 154-50     the *Commissioner
4A (Repealed by No 55 of 2016)
5 A determination that Part 5-1A applies, or does not apply, to a specified higher education provider subsection 166-5(2) the Minister
6 A decision that the *Higher Education Tuition Protection Director is satisfied that there are one or more suitable *replacement courses for a student paragraph 166-26B(2)(a) the Higher Education Tuition Protection Director
7 A decision that the *Higher Education Tuition Protection Director is not satisfied that there is a suitable *replacement course for a student paragraph 166-26B(2)(b) the Higher Education Tuition Protection Director
8 - 10 (Repealed by No 72 of 2007)    

Note 1:

The decisions referred to in items 1A, 1BA, 1BB, 1B, 1C, 1D and 2 of the table are made by a higher education provider on the Secretary ' s behalf.

Note 2:

The decisions referred to in item 2A of the table are made by Open Universities Australia on the Secretary ' s behalf.


 

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