Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 104.3

             (1)  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).

             (2)  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.

             (3)  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.

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