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.