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HIGHER EDUCATION SUPPORT ACT 2003 - SECT 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

1 a

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

1AAA

If a person applies for a grant for the purposes specified in item   14 of the table in subsection   41 - 10(1) and the grant is not approved--the decision not to approve the grant

section   41 - 20

the Minister

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

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

2AAA

A decision that a student is not a genuine student in relation to an * accelerator program course

section   128B - 10

the * Secretary

2AAB

A decision that undertaking an * accelerator program course will impose an unreasonable study load on a student

subsection   128B - 15(2)

(a) the higher education provider with whom the student is enrolled in the accelerator program course; or

(b) if the * Secretary made the decision--the Secretary

2AAC

A decision that section   128E - 1 does not apply to a person

subsection   128E - 1(1)

(a) the higher education provider with whom the student is enrolled in the * accelerator program course; or

(b) if the * Secretary made the decision that the section does not apply--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 or 144 - 5

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 or 144 - 10

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

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

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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