Commonwealth Numbered Acts Commonwealth Numbered Acts
Higher Education Support Act 2003
1 At the end of section 3-10
Add:
Chapter 3 also deals with a person's Student Learning Entitlement.
2 After paragraph 36-10(1)(c)
Insert:
(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
3 At the end of subsection 36-20(3)
Add:
; or (c) section 36-24BA applies in relation to the provider in relation to the unit.
4 After section 36-24B
Insert:
36-24BA Providers to repay amounts--person's SLE amount re-credited in special circumstances
(1) This section applies if:
(a) a person has been enrolled as a * Commonwealth supported student with a higher education provider in a unit of study; and
(b) the person's * SLE amount has been re-credited under section 79-1 with an amount equal to the * EFTSL value of the unit.
(2) The provider must:
(a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's * student contribution amount for the unit; and
(b) pay to the Commonwealth an amount equal to any * HECS-HELP assistance to which the person was entitled for the unit.
5 Section 65-1
This Chapter provides for 4 kinds of assistance that the Commonwealth provides to students.
Note: The Commonwealth meets all or part of the higher education costs of students who are enrolled in places funded under Part 2-2.
substitute:
This Chapter deals with a person's Student Learning Entitlement and provides for 4 kinds of assistance that the Commonwealth provides to students.
Note: The Commonwealth meets all or part of the higher education costs of students who are enrolled in places funded under Part 2-2.
A person may be entitled to HECS-HELP assistance for a unit of study for which the person is a Commonwealth supported student if, among other things, the unit is covered by the person's Student Learning Entitlement. Part 3-1 deals with a person's Student Learning Entitlement.
6 Before Part 3-2
Insert:
Part 3-1 -- Student Learning Entitlement
A person may be entitled to HECS-HELP assistance for a unit of study for which the person is a Commonwealth supported student if, among other things, the unit is covered by the person's Student Learning Entitlement.
Broadly speaking, a person will start with an S LE amount that is equivalent to 7 years of full-time study. However, the person's SLE amount may be added to for the purposes of certain courses of study or in certain circumstances.
A person's SLE amount is reduced as the person undertakes units of study as a Commonwealth supported student. The person's SLE amount may also be re-credited in certain circumstances.
70-5 The Student Learning Entitlement Guidelines
* Student Learning Entitlement is also dealt with in the Student Learning Entitlement Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.
Note: The Student Learning Entitlement Guidelines are made by the Minister under section 238-10.
Division 73 -- Student Learning Entitlement and SLE amount
73-1 Student Learning Entitlement and SLE amount
(1) A person's Student Learning Entitlement is an entitlement that consists of:
(a) * ordinary SLE that the person has; and
(b) any * additional SLE that the person has; and
(c) any * lifelong SLE that the person has.
(2) A person's SLE amount at a particular time is the sum of the following amounts:
(a) the amount of * ordinary SLE that the person has under subsection 73-5(3);
(b) the amount of any * additional SLE that the person has under subsection 73-10(3);
(c) the amount of any * lifelong SLE that the person has under subsection 73-15(3);
taking into account any reduction that has occurred before that time under Division 76 and any re-crediting that has occurred before that time under amount Division 79.
Persons who have ordinary SLE
(1) If a person is an * eligible person on 1 January 2022, the person has, on that day, ordinary SLE.
(2) If a person becomes (by birth or otherwise) an * eligible person on a day after 1 January 2022, the person has, on the earliest such day, ordinary SLE.
Amount of ordinary SLE
(3) The amount of * ordinary SLE that the person has on the day referred to in subsection (1) or (2) (as the case may be) is an amount equal to 7 * EFTSL.
Eligible person
(4) An eligible person is:
(a) an Australian citizen; or
(b) a citizen of New Zealand; or
(c) a * permanent visa holder.
(1) A person has additional SLE if:
(a) the person is enrolled in a * course of study with a higher education provider; and
(b) the course is specified, or is a course of a kind specified, in the Student Learning Entitlement Guidelines for the purposes of this paragraph; and
(c) the person meets any other requirements specified in the Student Learning Entitlement Guidelines.
(2) The person has * additional SLE on the day that the person enrols in the * course of study.
(3) The amount of * additional SLE that the person has on that day is an amount (expressed in * EFTSL) worked out in accordance with the Student Learning Entitlement Guidelines.
(1) A person has lifelong SLE in the circumstances specified in the Student Learning Entitlement Guidelines.
(2) The person has * lifelong SLE on the day specified in the Student Learning Entitlement Guidelines.
(3) The amount of * lifelong SLE that a person has on that day is an amount (expressed in * EFTSL) worked out in accordance with the Student Learning Entitlement Guidelines.
73-20 Student Learning Entitlement is not transferable
A person's * Student Learning Entitlement cannot be transferred to, or used by, another person.
73-25 Ceasing to be an eligible person
(1) A person ceases to have * Student Learning Entitlement if the person ceases to be an * eligible person.
(2) If a person who ceased to be an * eligible person at a particular time (the cessation time ) becomes an eligible person again at a later time, the person has, at that later time, the same * SLE amount (if any) that the person had at the cessation time.
Division 76 -- Reduction of a person's SLE amount
76-1 Reduction of a person's SLE amount
(1) A higher education provider must, on the * Secretary's behalf, reduce a person's * SLE amount at a particular time if:
(a) the person enrolled in a unit of study as part of a * course of study with the provider; and
(b) at the end of the * census date for the unit, the person remained so enrolled; and
(c) the person is a * Commonwealth supported student in relation to the unit; and
(d) the unit is not:
(i) an * ineligible work experience unit for the person; or
(ii) a * replacement unit; and
(e) the person has, on or before the census date for the unit, completed, signed and given to an * appropriate officer of the provider a * request for Commonwealth assistance in relation to:
(i) the unit; or
(ii) where the course of study of which the unit forms a part is undertaken with the provider--the course of study.
Note: A person's SLE amount must be re-credited in certain circumstances: see Division 79.
(2) The amount of the reduction is an amount equal to the * EFTSL value of the unit of study.
(3) The reduction takes effect immediately after the * census date for the unit of study.
(4) If a higher education provider reduces a person's * SLE amount at a particular time under subsection (1), the provider must, in accordance with the Student Learning Entitlement Guidelines and on the * Secretary's behalf, reduce any one or more of the following amounts to take account of the reduction under that subsection:
(a) an amount of * ordinary SLE (if any) that the person has at that time;
(b) an amount of * additional SLE (if any) that the person has at that time;
(c) an amount of * lifelong SLE (if any) that the person has at that time.
(5) If a higher education provider is unable to act for the purposes of subsection (1) or (4), the * Secretary may act as if any one or more of the references in that subsection to the provider were a reference to the Secretary.
Division 79 -- Re-crediting a person's SLE amount
Subdivision 79-A -- Re-crediting a person's SLE amount in special circumstances
79-1 Re-crediting a person's SLE amount if special circumstances apply to the person
(1) A higher education provider must, on the * Secretary's behalf, re-credit a person's * SLE amount at a particular time with an amount equal to the * EFTSL value of a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) the unit would, if completed, form part of a * course of study undertaken with that provider or another higher education provider; and
(c) the unit is not:
(i) an * ineligible work experience unit for the person; or
(ii) a * replacement unit; and
(d) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
(e) one or more * up-front payments have been made in relation to the unit and the amount of that payment, or the sum of those payments, is equal to 90% of the person's * student contribution amount for the unit; and
(f) the provider is satisfied that special circumstances apply to the person (see section 79-5); and
(g) the person applies, in writing, to the provider for the re-crediting of the person's SLE amount; and
(h) either:
(i) the application is made before the end of the application period for the application under section 79-10; or
(ii) the provider waives the requirement that the application be made before the end of that period on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
Note: It is a condition of a grant to the provider under Part 2-2 that the provider repay certain amounts relating to the unit: see section 36-24BA.
(2) If a higher education provider re-credits a person's * SLE amount at a particular time under subsection (1), the provider must, in accordance with the Student Learning Entitlement Guidelines and on the * Secretary's behalf, re-credit any one or more of the following amounts to take account of the re-credit under that subsection:
(a) an amount of * ordinary SLE (if any) that the person has at that time;
(b) an amount of * additional SLE (if any) that the person has at that time;
(c) an amount of * lifelong SLE (if any) that the person has at that time.
Note: A refusal to re-credit one or more of those amounts is reviewable under Part 5-7.
(3) If a higher education provider is unable to act for any one or more of the purposes of subsection (1) or (2), or section 79-5, 79-10 or 79-15, the * Secretary may act as if any one or more of the references in those provisions to the provider were a reference to the Secretary.
(1) For the purposes of paragraph 79-1(1)(f), special circumstances apply to a person who made an application under paragraph 79-1(1)(g) for the re-crediting of the person's * SLE amount if, and only if, the higher education provider receiving the application is satisfied that circumstances apply to the person that:
(a) are beyond the person's control; and
(b) do not make their full impact on the person until on or after the * census date for the unit of study in question; and
(c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.
(2) The Student Learning Entitlement Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (1)(a), (b) or (c). A decision of a higher education provider under subsection (1) must be in accordance with any such guidelines.
(1) If:
(a) the person who applied under paragraph 79-1(1)(g) for the re-crediting of the person's * SLE amount with an amount equal to the * EFTSL value of a unit of study has withdrawn the person's enrolment in the unit with a higher education provider; and
(b) the provider gives notice to the person that the withdrawal has taken effect;
the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.
(2) If subsection (1) does not apply, the application period for an application made under paragraph 79-1(1)(g) is the period of 12 months after the end of the period during which the applicant undertook, or was to undertake, the unit of study.
79-15 Dealing with applications
(1) If:
(a) an application is made to a higher education provider under paragraph 79-1(1)(g) before the end of the application period for the application under section 79-10; or
(b) a higher education provider waives the requirement that an application made to the provider under that paragraph be made before the end of that period on the ground that it would not be, or was not, possible for the application to be made before the end of that period;
the provider must, as soon as practicable, consider the application and notify the applicant of the decision on the application.
(2) The notice must include a statement of the reasons for the decision.
Note: Refusals of applications are reviewable under Part 5-7.
Subdivision 79-B -- Re-crediting a person's SLE amount if the person's HELP balance is re-credited
79-20 Re-crediting a person's SLE amount if the person's HELP balance is re-credited
(1) A higher education provider must, on the * Secretary's behalf, re-credit a person's * SLE amount at a particular time with an amount equal to the * EFTSL value of a unit of study if the person's * HELP balance is re-credited under any of the following provisions with an amount equal to the amount of * HECS-HELP assistance that the person received for the unit of study:
(a) subsection 97-25(2) (which deals with the main case of re-crediting a person's HELP balance);
(b) subsection 97-27(1) (which deals with the re-crediting of a person's HELP balance if the person does not have a tax file number);
(c) subsection 97-42(1) (which deals with the re-crediting of a person's HELP balance if a higher education provider defaults);
(d) subsection 97-45(1) (which deals with the re-crediting of a person's HELP balance if a higher education provider completes a * request for Commonwealth assistance);
(e) subsection 97-50(1) (which deals with the re-crediting of a person's HELP balance if the person was not entitled to assistance).
(2) If a higher education provider re-credits a person's * SLE amount at a particular time under subsection (1), the provider must, in accordance with the Student Learning Entitlement Guidelines and on the * Secretary's behalf, re-credit any one or more of the following amounts to take account of the re-credit under that subsection:
(a) an amount of * ordinary SLE (if any) that the person has at that time;
(b) an amount of * additional SLE (if any) that the person has at that time;
(c) an amount of * lifelong SLE (if any) that the person has at that time.
(3) If a higher education provider is unable to act for the purposes of subsection (1) or (2), the * Secretary may act as if any one or more of the references in that subsection to the provider were a reference to the Secretary.
Division 82 -- Unit of study covered by a person's Student Learning Entitlement
Person enrolled in one unit of study only
(1) A unit of study is covered by a person's Student Learning Entitlement if:
(a) the person enrolled in the unit (the relevant unit ) as a part of a * course of study with a higher education provider; and
(b) at the time of that enrolment, the person had not enrolled in any other units of study as a part of that course, or as a part of another course of study, with that provider or with another higher education provider that have * census dates that will occur after that time; and
(c) the * EFTSL value of the relevant unit does not exceed the person's * SLE amount as at that time; and
(d) if:
(i) the person's SLE amount as at that time includes an amount of * additional SLE in relation to a particular course of study; and
(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person's SLE amount as at that time;
the person enrolled in the relevant unit as a part of that particular course of study.
Person enrolled in more than one unit of study
(2) A unit of study is covered by a person's Student Learning Entitlement if:
(a) the person enrolled in the unit (the relevant unit ) as a part of a * course of study with a higher education provider; and
(b) at the time of that enrolment, the person had also enrolled in one or more other units of study as a part of that course, or as a part of another course of study, with that provider or with another higher education provider; and
(c) those other units have * census dates that will occur after that time; and
(d) the person is a * Commonwealth supported student in relation to each of those other units; and
(e) the sum of the following does not exceed the person's * SLE amount as at that time:
(i) the * EFTSL value of the relevant unit;
(ii) the sum of the EFTSL values of each of those other units; and
(f) if:
(i) the person's SLE amount as at that time includes an amount of * additional SLE in relation to a particular course of study; and
(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person's SLE amount as at that time;
the person enrolled in the relevant unit as a part of that particular course of study.
(1) This section applies if:
(a) the person enrolled in unit of study (the relevant unit ) as a part of a * course of study with a higher education provider (the relevant provider ); and
(b) at the time of that enrolment (the enrolment time ), the person had also enrolled in one or more other units of study as a part of that course, or as a part of another course of study, with the relevant provider or with another higher education provider; and
(c) those other units have * census dates that will occur after the enrolment time; and
(d) the person is a * Commonwealth supported student in relation to each of those other units; and
(e) the sum of the following exceeds the person's * SLE amount as at the enrolment time:
(i) the * EFTSL value of the relevant unit;
(ii) the sum of the EFTSL values of each of those other units.
(2) The relevant unit is covered by a person's Student Learning Entitlement if:
(a) the person notifies an * appropriate officer of the relevant provider that the person does not wish to be a * Commonwealth supported student in relation to one or more of those other units of study (the excluded units ); and
(b) the sum of the following does not exceed the person's * SLE amount as at the enrolment time:
(i) the * EFTSL value of the relevant unit;
(ii) the sum of the EFTSL values of each of those other units that are not excluded units; and
(c) if:
(i) the person's SLE amount as at that time includes an amount of * additional SLE in relation to a particular course of study; and
(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person's SLE amount as at that time;
the person enrolled in the relevant unit as a part of that particular course of study.
(3) A notice under paragraph (2)(a) must be given:
(a) in writing; and
(b) on or before the * census date for the relevant unit.
7 Subsection 169-5(4)
After "this Act", insert "(including the person's * Student Learning Entitlement)".
8 At the end of subsection 169-10(5)
Add "(including the person's * Student Learning Entitlement)".
9 Section 206-1 (before table item 1B)
Insert:
| 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 |
10 Section 206-1 (note 1)
Before "1B,", insert "1BA, 1BB,".
11 Subsection 238-10(1) (after table item 8A)
Insert:
|
10 | Student Learning Entitlement Guidelines | Part 3-1 |
12 Subclause 1(1) of Schedule 1
Insert:
"additional SLE " means additional SLE that a person has under subsection 73-10(1).
"covered by a person's Student Learning Entitlement " has the meaning given by subsections 82-1(1) and (2) and 82-5(2).
"eligible person " has the meaning given by subsection 73-5(4).
"lifelong SLE " means lifelong SLE that a person has under subsection 73-15(1).
"ordinary SLE " means ordinary SLE that a person has under subsection 73-5(1) or (2).
"SLE amount " has the meaning given by subsection 73-1(2).
"Student Learning Entitlement " has the meaning given by subsection 73-1(1).
13 Application of amendments
(1) The amendments of the Higher Education Support Act 2003 made by items 2, 3 and 4 of this Schedule apply 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).
(2) Divisions 76, 79 and 82 of the Higher Education Support Act 2003 , as inserted by this Schedule, apply 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).