Higher Education Provider Guidelines 2023 (Cth)

Higher Education Provider Guidelines 2023 made under section 238-10 of the

Higher Education Support Act 2003

Compilation No. 2

Compilation date: 1 April 2024

Includes amendments: F2023L01679

About this compilation

This compilation

This is a compilation of the Higher Education Provider Guidelines 2023 that shows the text of the law as amended and in force on 01/04/2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Chapter 1—Preliminary 1 Name 3 Authority 4 Definitions Chapter 2—The tuition protection requirements 6 Overview 7 Application of tuition protection requirements 8 Notice of amount of HELP tuition protection levy 9 Overdue notice 10 Waiver 11 Internal review of notice issued under subsection 8(1) 12 When a higher education provider defaults in relation to a student 13 Notifying the Higher Education Tuition Protection Director of the details of the default 14 Requirements of notice to student 15 Providers to notify of outcome of discharge of obligations 16 Payments in connection with tuition protection 17 Additional matters for notice by the Higher Education Tuition Protection Director where suitable replacement course available 18 Other tuition protection requirements—special circumstances Chapter 3—Higher education provider application fee 19 Higher education provider application fee Chapter 4—Grievance and review procedures 20 Requirements for grievance procedures 21 Requirements for reviewing decisions of a higher education provider in relation to assistance under Chapter 3 of the Act Chapter 5—Requirements for student contribution amounts and tuition fees 22 Period in which a higher education provider provides or proposes to provide a unit of study or accelerator program course 23 Date by which, and manner by which, a higher education provider must publish the schedules of student contribution amounts, tuition fees and accelerator program course fees for a particular period 24 Matters to which a provider must not have regard to when determining more than one student contribution amount or tuition fee 25 Varying a student contribution amount or tuition fee 26 The form in which a higher education provider must give the Minister a schedule of student contribution amounts for places and tuition fees Chapter 6—Fees in respect of overseas students 27 Requirements for determining fees for overseas students 28 Circumstances in which the requirements for determining fees for overseas students do not apply 29 Minimum indicative course fees Chapter 7—Fees for goods and services incidental to studies 30 Fee of a kind that is incidental to studies that may be undertaken with a higher education provider Chapter 8—Quality, accountability and other administrative requirements 31 Overview 32 Financial statements 33 Financial viability 34 Offering certain inducements 35 Use of third party contact lists 36 Keeping records 37 Publishing information 38 Withdrawal from units of study or accelerator program courses Chapter 9—Determining whether a student is a genuine student 39 Genuine student Chapter 10—Collection and recovery of higher education provider charge 40 Overview 41 Notice of amount of higher education provider charge 42 When higher education provider charge due for payment in the event of revocation of approval 43 Extension notice 44 Late payment penalty 45 Waiver of higher education provider charge and late payment penalty 46 Recovery of higher education provider charge and late payment penalty 47 Refund of higher education provider charge and late payment penalty 48 Reviewable decisions 49 Internal review Chapter 11—Application, saving and transitional provisions 50 Things done under the Higher Education Provider Guidelines 2012 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history