Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 167.10

  (1)   The purposes of the * Higher Education Tuition Protection Fund are as follows:

  (a)   making payments in connection with tuition protection under this Act and the * Higher Education Provider Guidelines;

  (b)   making payments in connection with tuition protection under the * TEQSA Act and the * Up - front Payments Guidelines;

  (c)   paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the * Higher Education Tuition Protection Director's functions, including in managing the Fund;

  (d)   paying any remuneration and allowances payable to the Higher Education Tuition Protection Director;

  (e)   paying any remuneration and allowances payable to the members of the * Higher Education Tuition Protection Fund Advisory Board;

  (f)   paying any amount that is required or permitted to be repaid;

  (g)   reducing the balance of the Fund (and therefore the available appropriation for the Fund) without making a real or notional payment.

Note 1:   See section   80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

Note 2:   Part   5A of the TEQSA Act deals with tuition protection for students that make an up - front payment for a unit of study.

  (2)   The Higher Education Provider Guidelines may, for the purposes of paragraph   (1)(a), make provision in relation to such payments, including in relation to the following:

  (a)   the circumstances in which payments may be made;

  (b)   amounts of different kinds of payments;

  (c)   methods for calculating different kinds of payments.

Note 1:   For example, the Higher Education Provider Guidelines may provide that a replacement provider may receive a transfer payment if a student accepts an offer of a replacement course with the provider.

Note 2:   For the purposes of paragraph   (1)(b), subsection   26A(6) of the TEQSA Act provides that the Up - front Payments Guidelines may make provision in relation to the making of payments for the purposes of that paragraph.

  (3)   The purposes in subsection   (1) do not include paying or discharging any costs, expenses or other obligations associated with services provided to the * Higher Education Tuition Protection Director by any employee or officer of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ).