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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support Amendment
(Job-Ready Graduates and Supporting
Regional and Remote Students) Bill 2020
No. , 2020
(Education, Skills and Employment)
A Bill for an Act to amend the law relating to
higher education and social security, and for
related purposes
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Commonwealth Grant Scheme
4
Part 1--Amendments
4
Higher Education Support Act 2003
4
Part 2--Application provisions
23
Schedule 2--Maximum student contribution amounts for
places
24
Part 1--Amendments commencing day after Royal Assent
24
Division 1--Amendments
24
Higher Education Support Act 2003
24
Division 2--Application provisions
27
Part 2--Amendments commencing 1 January 2021
28
Higher Education Support Amendment (2009 Budget Measures) Act
2009
28
Schedule 3--Other grants
29
Part 1--Amendments commencing day after Royal Assent
29
Higher Education Support Act 2003
29
Part 2--Amendments commencing 1 January 2021
30
Higher Education Support Act 2003
30
Schedule 4--Student protection
31
Part 1--Amendments commencing 1 January 2021
31
Division 1--Amendments
31
Education Legislation Amendment (Provider Integrity and Other
Measures) Act 2017
31
Higher Education Support Act 2003
33
Division 2--Application provision
42
ii
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
Part 2--Amendments commencing 1 January 2022
44
Division 1--Amendments
44
Education Legislation Amendment (Provider Integrity and Other
Measures) Act 2017
44
Higher Education Support Act 2003
44
Division 2--Application provision
45
Schedule 5--Other amendments
46
Part 1--Amendments commencing 1 January 2020
46
Higher Education Support Act 2003
46
Part 2--Amendments commencing day after Royal Assent
47
Higher Education Support Act 2003
47
Part 3--Amendments commencing 1 January 2021
49
Higher Education Support Act 2003
49
Social Security Act 1991
49
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
1
A Bill for an Act to amend the law relating to
1
higher education and social security, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Higher Education Support Amendment (Job-Ready
6
Graduates and Supporting Regional and Remote Students) Act
7
2020
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2,
Part 1
The day after this Act receives the Royal
Assent.
4. Schedule 2,
Part 2
1 January 2021.
1 January 2021
5. Schedule 3,
Part 1
The day after this Act receives the Royal
Assent.
6. Schedule 3,
Part 2
1 January 2021.
1 January 2021
7. Schedule 4,
Part 1
1 January 2021.
1 January 2021
8. Schedule 4,
Part 2
1 January 2022.
1 January 2022
9. Schedule 5,
Part 1
1 January 2020.
1 January 2020
10. Schedule 5,
Part 2
The day after this Act receives the Royal
Assent.
11. Schedule 5,
Part 3
1 January 2021.
1 January 2021
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
4
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
Schedule 1--Commonwealth Grant Scheme
1
Part 1--Amendments
2
Higher Education Support Act 2003
3
1 Subparagraph 30-1(1)(b)(ii)
4
Repeal the subparagraph, substitute:
5
(ii) the Minister has made an allocation under section 30-10
6
to the provider for that year;
7
2 Subsection 30-10(1)
8
Repeal the subsection, substitute:
9
(1) The Minister may allocate a specified number of Commonwealth
10
support places for a year to:
11
(a) a
*
Table A provider in relation to
*
designated higher
12
education courses; and
13
(b) a higher education provider referred to in
14
subparagraph 30-1(1)(b)(i).
15
Note:
The Minister does not allocate places to Table A providers in relation
16
to higher education courses or demand driven higher education
17
courses.
18
3 At the end of subsection 30-10(4)
19
Add:
20
; and (c) the number of places (if any) for each
*
funding cluster that
21
are in respect of
*
non-grandfathered students; and
22
(d) the number of places (if any) for each funding cluster (other
23
than the
*
first funding cluster and the
*
second funding
24
cluster) that are in respect of
*
grandfathered students; and
25
(e) the number of places (if any) for each
*
grandfathered funding
26
cluster part that are in respect of grandfathered students.
27
4 Section 30-12
28
Repeal the section, substitute:
29
Commonwealth Grant Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
5
30-12 Designated higher education courses
1
(1) Each of the following is a
designated higher education course
in
2
relation to a
*
Table A provider:
3
(a) a
*
course of study in medicine;
4
(b) a
*
course of study of a kind determined under subsection (2).
5
(2) The Minister may, by legislative instrument, determine a kind of
6
*
course of study for the purposes of paragraph (1)(b).
7
5 Section 30-15
8
Repeal the section, substitute:
9
30-15 Funding clusters
10
The
funding clusters
are:
11
12
Funding clusters
Item
Funding clusters
1
Law, Accounting, Administration, Economics, Commerce,
Communications, Society and Culture
2
Education, Clinical Psychology, English, Mathematics, Statistics, Allied
Health, Other Health, Built Environment, Computing, Visual and
Performing Arts, Professional Pathway Psychology, Professional Pathway
Social Work
3
Nursing, Foreign Languages, Engineering, Surveying, Environmental
Studies, Science
4
Agriculture, Medicine, Dentistry, Veterinary Science, Pathology
6 Paragraph 30-25(3)(aa)
13
Omit "under section 30-10", substitute "for a
*
funding cluster, or a
14
*
grandfathered funding cluster part,".
15
7 Paragraph 30-25(3)(cb)
16
Repeal the paragraph.
17
8 Paragraph 30-25(3)(e)
18
Omit "transitional", substitute "transition fund".
19
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
6
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
9 Section 30-27
1
Repeal the section, substitute:
2
30-27 Specification of maximum basic grant amounts in funding
3
agreements
4
Maximum basic grant amounts for Table A providers
5
(1) Subject to subsections (2), (3) and (5), a funding agreement for a
6
higher education provider that is a
*
Table A provider:
7
(a) must specify an amount as the
maximum basic grant amount
8
payable to the provider for a
*
grant year for
*
higher education
9
courses; and
10
(b) may specify an amount as the
maximum basic grant amount
11
payable to the provider for a
*
grant year for each of the
12
following:
13
(i)
*
designated higher education courses;
14
(ii)
*
demand driven higher education courses.
15
Table A providers--maximum basic grant amount for higher
16
education courses
17
(2) If a funding agreement for a
*
Table A provider is in respect of
18
2021, 2022 and 2023, the maximum basic grant amount for the
19
provider for each of those years for
*
higher education courses must
20
not be less than the amount specified in the Commonwealth Grant
21
Scheme Guidelines for the purposes of this subsection for the
22
provider for each of those years for those courses.
23
(3) If a funding agreement for a
*
Table A provider is in respect of
24
other later years, the maximum basic grant amount for the provider
25
for each of those years for
*
higher education courses must not be
26
less than:
27
(a) for 2024--the amount specified in the Commonwealth Grant
28
Scheme Guidelines for the purposes of this paragraph for the
29
provider for that year for those courses; and
30
(b) for any other later year--the maximum basic grant amount
31
specified in the provider's funding agreement for the
32
preceding year for those courses.
33
Commonwealth Grant Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
7
(4) Without limiting subsection (2) and paragraph (3)(a), the
1
Commonwealth Grant Scheme Guidelines may:
2
(a) specify different amounts for different years for the purposes
3
of that subsection; and
4
(b) specify different amounts for different
*
Table A providers for
5
the purposes of that subsection or paragraph.
6
Table A providers--maximum basic grant amount for designated
7
higher education courses
8
(5) The maximum basic grant amount for a
*
Table A provider for a
9
*
grant year for
*
designated higher education courses must not be
10
less than the amount worked out for the year for those courses
11
using the method statement set out in paragraph 33-5(3)(b) with the
12
following modifications:
13
(a) read a reference in step 1 of that statement to places provided
14
by the provider in a
*
funding cluster as a reference to places
15
allocated under section 30-10 to the provider in that funding
16
cluster;
17
(b) disregard paragraph (a) of that step.
18
Maximum basic grant amount for non-Table A providers
19
(6) Subject to subsection (7), a funding agreement for a higher
20
education provider (other than a
*
Table A provider) may specify an
21
amount as the
maximum basic grant amount
payable to the
22
provider for a
*
grant year.
23
(7) The maximum basic grant amount for a higher education provider
24
(other than a
*
Table A provider) for a
*
grant year must not be less
25
than the amount worked out for the year using the method
26
statement set out in paragraph 33-5(7)(b) with the following
27
modifications:
28
(a) read a reference in steps 1, 2 and 3 of that statement to places
29
provided by the provider in a
*
funding cluster or a
30
*
grandfathered funding cluster part as a reference to places
31
allocated under section 30-10 to the provider in that funding
32
cluster or grandfathered funding cluster part;
33
(b) disregard paragraph (a) of each of those steps.
34
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
8
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
10 Paragraph 33-1(1)(a)
1
Omit "
*
basic", substitute "
*
total basic".
2
11 Subparagraph 33-1(1)(b)(iv)
3
Omit "transitional", substitute "transition fund".
4
12 Subdivision 33-B (heading)
5
Repeal the heading substitute:
6
Subdivision 33-B--Total basic grant amounts
7
13 Section 33-5
8
Repeal the section, substitute:
9
33-5 Total basic grant amounts
10
Total basic grant amount for Table A providers
11
(1) The
total basic grant amount
for a
*
Table A provider for a year is
12
the sum of the following amounts:
13
(a) the amount for
*
higher education courses (see
14
subsection (2));
15
(b) the amount for
*
designated higher education courses (see
16
subsections (3) and (4));
17
(c) the amount for
*
demand driven higher education courses (see
18
subsections (5) and (6)).
19
Table A providers--amount for higher education courses
20
(2) For the purposes of paragraph (1)(a), the amount for
*
higher
21
education courses is the lesser of:
22
(a) the
*
maximum basic grant amount for the year for those
23
courses that is specified in the
*
Table A provider's funding
24
agreement; and
25
(b) the amount worked out for the year using the following
26
method statement.
27
Method statement
28
Commonwealth Grant Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
9
Step 1. For each
*
funding cluster in which the provider has
1
provided places in those courses in respect of
2
*
non-grandfathered students, multiply:
3
(a)
the
*
number of Commonwealth supported places
4
provided by the provider in those courses in that
5
funding cluster in respect of those students; by
6
(b)
the
*
Commonwealth contribution amount for a
7
place in that funding cluster.
8
Step 2. For each
*
funding cluster (other than the
*
first funding
9
cluster and the
*
second funding cluster) in which the
10
provider has provided places in those courses in respect
11
of
*
grandfathered students, multiply:
12
(a)
the
*
number of Commonwealth supported places
13
provided by the provider in those courses in that
14
funding cluster in respect of those students; by
15
(b)
the
*
Commonwealth contribution amount for a
16
place in that funding cluster.
17
Step 3. For each
*
grandfathered funding cluster part in which the
18
provider has provided places in those courses in respect
19
of
*
grandfathered students, multiply:
20
(a)
the
*
number of Commonwealth supported places
21
provided by the provider in those courses in that
22
grandfathered funding cluster part in respect of
23
those students; by
24
(b)
the
*
grandfathered Commonwealth contribution
25
amount for a place in that grandfathered funding
26
cluster part.
27
Step 4. Add together all of the amounts worked out under steps
28
1, 2 and 3.
29
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
10
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
Table A providers--amount for designated higher education
1
courses
2
(3) For the purposes of paragraph (1)(b) and subject to subsection (4),
3
the amount for
*
designated higher education courses is the lesser
4
of:
5
(a) the
*
maximum basic grant amount for the year for those
6
courses that is specified in the
*
Table A provider's funding
7
agreement; and
8
(b) the amount worked out for the year using the following
9
method statement.
10
Method statement
11
Step 1. For each
*
funding cluster in which the provider has
12
provided places in those courses, multiply the
13
*
Commonwealth contribution amount for a place in that
14
funding cluster by the lesser of the following:
15
(a)
the number that is the sum of the
*
number of
16
Commonwealth supported places provided by the
17
provider in those courses in that funding cluster in
18
respect of
*
non-grandfathered students and in
19
respect of
*
grandfathered students;
20
(b)
the number of Commonwealth supported places
21
allocated to the provider for that funding cluster.
22
Step 2. Add together all of the amounts worked out under step 1.
23
(4) If a
*
maximum basic grant amount for the year for the
*
designated
24
higher education courses is not specified in the
*
Table A provider's
25
funding agreement, the amount for those courses is the amount
26
worked out for the year using the method statement set out in
27
paragraph (3)(b).
28
Commonwealth Grant Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
11
Table A providers--amount for demand driven higher education
1
courses
2
(5) For the purposes of paragraph (1)(c) and subject to subsection (6),
3
the amount for
*
demand driven higher education courses is the
4
lesser of:
5
(a) the
*
maximum basic grant amount for the year for those
6
courses that is specified in the
*
Table A provider's funding
7
agreement; and
8
(b) the amount worked out for the year using the following
9
method statement.
10
Method statement
11
Step 1. For each
*
funding cluster in which the provider has
12
provided places in those courses in respect of
13
*
non-grandfathered students, multiply:
14
(a)
the
*
number of Commonwealth supported places
15
provided by the provider in those courses in that
16
funding cluster in respect of those students; by
17
(b)
the
*
Commonwealth contribution amount for a
18
place in that funding cluster.
19
Step 2. For each
*
funding cluster (other than the
*
first funding
20
cluster and the
*
second funding cluster) in which the
21
provider has provided places in those courses in respect
22
of
*
grandfathered students, multiply:
23
(a)
the
*
number of Commonwealth supported places
24
provided by the provider in those courses in that
25
funding cluster in respect of those students; by
26
(b)
the
*
Commonwealth contribution amount for a
27
place in that funding cluster.
28
Step 3. For each
*
grandfathered funding cluster part in which the
29
provider has provided places in those courses in respect
30
of
*
grandfathered students, multiply:
31
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
12
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
(a)
the
*
number of Commonwealth supported places
1
provided by the provider in those courses in that
2
grandfathered funding cluster part in respect of
3
those students; by
4
(b)
the
*
grandfathered Commonwealth contribution
5
amount for a place in that grandfathered funding
6
cluster part.
7
Step 4. Add together all of the amounts worked out under steps
8
1, 2 and 3.
9
(6) If a
*
maximum basic grant amount for the year for the
*
demand
10
driven higher education courses is not specified in the
*
Table A
11
provider's funding agreement, the amount for those courses is the
12
amount worked out for the year using the method statement set out
13
in paragraph (5)(b).
14
Total basic grant amount for non-Table A providers
15
(7) Subject to subsection (8), the
total basic grant amount
for a higher
16
education provider (other than a
*
Table A provider) for a year is
17
the lesser of:
18
(a) the
*
maximum basic grant amount for the year that is
19
specified in the provider's funding agreement; and
20
(b) the amount worked out for the year using the following
21
method statement.
22
Method statement
23
Step 1. For each
*
funding cluster in which the provider has
24
provided places in respect of
*
non-grandfathered
25
students, multiply the
*
Commonwealth contribution
26
amount for a place in that funding cluster by the lesser of
27
the following:
28
(a)
the
*
number of Commonwealth supported places
29
provided by the provider in that funding cluster in
30
respect of those students;
31
Commonwealth Grant Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
13
(b)
the number of Commonwealth supported places
1
allocated to the provider for that funding cluster in
2
respect of those students.
3
Step 2. For each
*
funding cluster (other than the
*
first funding
4
cluster and the
*
second funding cluster) in which the
5
provider has provided places in respect of
*
grandfathered
6
students, multiply the
*
Commonwealth contribution
7
amount for a place in that funding cluster by the lesser of
8
the following:
9
(a)
the
*
number of Commonwealth supported places
10
provided by the provider in that funding cluster in
11
respect of those students;
12
(b)
the number of Commonwealth supported places
13
allocated to the provider for that funding cluster in
14
respect of those students.
15
Step 3. For each
*
grandfathered funding cluster part in which the
16
provider has provided places in respect of
*
grandfathered
17
students, multiply the
*
grandfathered Commonwealth
18
contribution amount for a place in that grandfathered
19
funding cluster part by the lesser of the following:
20
(a)
the
*
number of Commonwealth supported places
21
provided by the provider in that part in respect of
22
those students;
23
(b)
the number of Commonwealth supported places
24
allocated to the provider for that part in respect of
25
those students.
26
Step 4. Add together all of the amounts worked out under steps
27
1, 2 and 3.
28
(8) If a
*
maximum basic grant amount for the year is not specified in
29
the funding agreement of the higher education provider referred to
30
in subsection (7), the
total basic grant amount
for the provider is
31
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
14
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
the amount worked out for the year using the method statement set
1
out in paragraph (7)(b).
2
14 Section 33-10
3
Repeal the section, substitute:
4
33-10 Commonwealth contribution amounts and grandfathered
5
Commonwealth contribution amounts
6
(1) The
Commonwealth contribution amount
for a place in a
*
funding
7
cluster is the amount specified in the following table in relation to a
8
place in the funding cluster.
9
10
Commonwealth contribution amounts
Item
For a place in this funding cluster:
The amount is:
1
Law, Accounting, Administration, Economics,
Commerce, Communications, Society and
Culture
$1,100
2
Education, Clinical Psychology, English,
Mathematics, Statistics, Allied Health, Other
Health, Built Environment, Computing, Visual
and Performing Arts, Professional Pathway
Psychology, Professional Pathway Social
Work
$13,250
3
Nursing, Foreign Languages, Engineering,
Surveying, Environmental Studies, Science
$16,250
4
Agriculture, Medicine, Dentistry, Veterinary
Science, Pathology
$27,000
Note:
Commonwealth contribution amounts are indexed under Part 5-6.
11
(2) The
grandfathered
Commonwealth contribution amount
for a
12
place in a
*
grandfathered funding cluster part is the amount
13
specified in the following table in relation to a place in the
14
grandfathered funding cluster part.
15
16
Commonwealth Grant Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
15
Grandfathered Commonwealth contribution amounts
Item
For a place in this grandfathered funding
cluster part:
The amount is:
1
Law, Accounting, Administration, Economics
or Commerce
$2,237
2
Communications
$13,547
3
The Social Studies or Behavioural Science
subpart of the Society and Culture part of the
first funding cluster
$11,015
4
Any other subpart of the Society and Culture
part of the first funding cluster
$6,226
5
Education, Clinical Psychology, English,
Mathematics, Statistics, Allied Health, Other
Health, Built Environment or Computing
$13,500
6
Visual and Performing Arts
$13,547
7
Professional Pathway Psychology or
Professional Pathway Social Work
$11,015
Note:
Grandfathered Commonwealth contribution amounts are indexed
1
under Part 5-6.
2
15 Subsection 33-30(1)
3
After "has provided", insert "in respect of
*
non-grandfathered students".
4
16 Subsection 33-30(1) (method statement)
5
Omit "a unit of study that wholly consists of
*
work experience in
6
industry", substitute "any unit that is an
*
ineligible work experience unit
7
for a
*
non-grandfathered student".
8
17 Subsection 33-30(1) (method statement, paragraph (b) of
9
step 1)
10
Omit "persons", substitute "non-grandfathered students".
11
18 After subsection 33-30(1)
12
Insert:
13
(1A) The
number
of Commonwealth supported places
that a higher
14
education provider has provided in respect of
*
grandfathered
15
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
16
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
students during a particular year is a number equal to the number
1
worked out as follows:
2
Method statement
3
Step 1. For each unit of study (other than any unit that is an
4
*
ineligible work experience unit for a
*
grandfathered
5
student) that the provider provided that had its
*
census
6
date during the year, multiply:
7
(a)
the
*
EFTSL value of the unit; by
8
(b)
the number of grandfathered students enrolled with
9
the provider in that unit as
*
Commonwealth
10
supported students.
11
Step 2. Add together all of the amounts worked out under step 1.
12
19 Subsection 33-30(3)
13
Before "to the units", insert "or (1A) (as the case requires)".
14
20 Subsection 33-30(3) (table)
15
Repeal the table, substitute:
16
17
Working out the number of Commonwealth supported places provided
Item
Column 1
To work out the number of
Commonwealth supported places
provided in ...
Column 2
apply the method statement in
subsection (1) or (1A) (as the case
requires) to ...
1
a
*
funding cluster or a
*
grandfathered funding cluster part
units provided by the provider in the
funding cluster or the grandfathered
funding cluster part.
2
*
higher education courses in a
*
funding cluster or a
*
grandfathered
funding cluster part
units provided by the provider in the
funding cluster, or the grandfathered
funding cluster part, in those courses.
3
*
designated higher education
courses in a
*
funding cluster
units provided by the provider in the
funding cluster in those courses.
Commonwealth Grant Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
17
Working out the number of Commonwealth supported places provided
Item
Column 1
To work out the number of
Commonwealth supported places
provided in ...
Column 2
apply the method statement in
subsection (1) or (1A) (as the case
requires) to ...
4
*
demand driven higher education
courses in a
*
funding cluster or a
*
grandfathered funding cluster part
units provided by the provider in the
funding cluster, or the grandfathered
funding cluster part, in those courses.
1
21 Subsection 33-37(1)
2
Omit "
*
basic grant amount for the grant year", substitute "
*
total basic
3
grant amount for a year".
4
22 Subsection 33-37(1)
5
Omit "grant" (second and third occurring).
6
23 Subsection 33-37(2) (definition of
total places provided
)
7
Repeal the definition, substitute:
8
total places provided
is the sum of the following:
9
(a) the
*
number of Commonwealth supported places that the
10
higher education provider has provided in respect of
11
*
non-grandfathered students for the year;
12
(b) the number of Commonwealth supported places that the
13
higher education provider has provided in respect of
14
*
grandfathered students for the year.
15
24 Paragraph 33-37(4)(d)
16
Omit "
*
basic grant amount for the grant year", substitute "
*
total basic
17
grant amount for the year".
18
25 Subsection 33-37(6)
19
Omit "
*
basic grant amount for a grant year", substitute "
*
total basic
20
grant amount for a year".
21
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
18
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
26 Subsection 198-5(1) (table item 1)
1
Repeal the item, substitute:
2
3
1
*
Commonwealth contribution amount
Subsection 33-10(1)
2A
*
Grandfathered Commonwealth contribution
amount
Subsection 33-10(2)
27 Paragraph 238-10(1)(a)
4
Omit "Chapter, Part or section", substitute "provision (or a term defined
5
in the Dictionary in Schedule 1 that is required for the purposes of the
6
provision)".
7
28 Paragraph 238-10(1)(b)
8
Omit "Chapter, Part or section", substitute "provision".
9
29 Subsection 238-10(1) (table, heading to column headed
10
"Chapter/Part/section")
11
Repeal the heading, substitute:
12
Provision
13
30 Subsection 238-10(1) (table item 1)
14
After "section 19-37;", insert "section 33-30;".
15
31 Subclause 1(1) of Schedule 1 (definition of
basic grant
16
amount
)
17
Repeal the definition.
18
32 Subclause 1(1) of Schedule 1 (definition of
19
Commonwealth contribution amount
)
20
Omit "section 33-10", substitute "subsection 33-10(1)".
21
33 Subclause 1(1) of Schedule 1
22
Insert:
23
demand driven higher education course
means a
*
course of study
24
that:
25
Commonwealth Grant Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
19
(a) is undertaken by an
*
eligible Indigenous person for the
1
course of study with a
*
Table A provider; and
2
(b) is leading to a
*
higher education award that is a bachelor
3
degree or bachelor honours degree; and
4
(c) is not a
*
designated higher education course.
5
34 Subclause 1(1) of Schedule 1 (definition of
designated
6
courses of study
)
7
Repeal the definition.
8
35 Subclause 1(1) of Schedule 1
9
Insert:
10
designated higher education course
has the meaning given by
11
subsection 30-12(1).
12
eligible Indigenous person
: an Indigenous person is an
eligible
13
Indigenous person
for a
*
course of study with a
*
Table A provider
14
if, at the time the person first enrols in a course of study with that
15
provider, the person's permanent residential address is in a
16
*
regional area or a
*
remote area.
17
first funding cluster
means the
*
funding cluster referred to in
18
item 1 of the table in section 30-15.
19
grandfathered
Commonwealth contribution amount
has the
20
meaning given by subsection 33-10(2).
21
grandfathered funding cluster part
means:
22
(a) any part of the
*
first funding cluster other than the Society
23
and Culture part of that cluster; or
24
(b) the Social Studies or Behavioural Science subpart of the
25
Society and Culture part of the first funding cluster; or
26
(c) any other subpart of the Society and Culture part of the first
27
funding cluster; or
28
(d) any part of the
*
second funding cluster.
29
grandfathered student
: a person is a
grandfathered student
if:
30
(a) any of the following apply in relation to the person:
31
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
20
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
(i) the person commenced a
*
course of study (the
ongoing
1
course
) with a higher education provider before
2
1 January 2021 but has not completed the ongoing
3
course immediately before that day;
4
(ii) the person completed a course of study (the
earlier
5
course
) with a higher education provider before
6
1 January 2021 and, on or after that day, the person
7
commences another course of study (the
honours
8
course
) that relates to the earlier course and that is
9
leading to a
*
higher education award that is an honours
10
degree;
11
(iii) the person was undertaking, in 2020, an
*
enabling
12
course and, on or after 1 January 2021, the person
13
commences another course of study (the
later course
)
14
that is leading to a higher education award;
15
(iv) the person was undertaking, in 2020, a course of study
16
(the
UC course
) leading to a higher education award
17
that is an undergraduate certificate and, on or after
18
1 January 2021, the person commences another course
19
of study (the
higher qualification course
) that relates to
20
the UC course and that is leading to a higher education
21
award that is a bachelor degree; and
22
(b) the person was, at any time before 1 January 2021, a
23
*
Commonwealth supported student in relation to a unit of
24
study in the ongoing course, earlier course, enabling course
25
or UC course (as the case may be); and
26
(c) the person undertakes a unit of study as part of the ongoing
27
course, honours course, later course or higher qualification
28
course (as the case may be) that has a
*
census date that is on
29
or after 1 January 2021.
30
Note:
An undergraduate certificate is an award conferred by higher
31
education providers under the Australian Qualifications Framework.
32
grant year
has the meaning given by subsection 30-25(1).
33
higher education course
means a
*
course of study other than the
34
following:
35
(a) a course of study that is a
*
designated higher education
36
course;
37
Commonwealth Grant Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
21
(b) a course of study that is a
*
demand driven higher education
1
course.
2
Indigenous person
has the same meaning as in the
Indigenous
3
Education (Targeted Assistance) Act 2000
.
4
ineligible work experience unit
for a
*
non-grandfathered student
5
or a
*
grandfathered student
means a unit of study that the student is
6
enrolled in that meets the following conditions:
7
(a) the unit wholly consists of
*
work experience in industry;
8
(b) either:
9
(i) the student is exempt from paying his or her
*
student
10
contribution amount in relation to the unit; or
11
(ii) the unit does not meet the requirements specified by the
12
Administration Guidelines for the purposes of this
13
subparagraph.
14
36 Subclause 1(1) of Schedule 1 (definition of
maximum
15
basic grant amount
)
16
Omit "subsection 30-27(1)", substitute "section 30-27".
17
37 Subclause 1(1) of Schedule 1 (definition of
18
non-designated courses of study
)
19
Repeal the definition.
20
38 Subclause 1(1) of Schedule 1
21
Insert:
22
non-grandfathered student
means a person other than a
23
*
grandfathered student.
24
39 Subclause 1(1) of Schedule 1 (definition of
number of
25
Commonwealth supported places
)
26
Repeal the definition, substitute:
27
number of Commonwealth supported places
means:
28
(a) in relation to an allocation of a number of Commonwealth
29
supported places for a
*
funding cluster or a
*
grandfathered
30
funding cluster part--the number of places allocated under
31
Schedule 1
Commonwealth Grant Scheme
Part 1
Amendments
22
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
section 30-10 for that funding cluster or that grandfathered
1
funding cluster part; or
2
(b) in relation to the provision of a number of Commonwealth
3
supported places in respect of
*
non-grandfathered students--
4
the number worked out under subsection 33-30(1); or
5
(c) in relation to the provision of a number of Commonwealth
6
supported places in respect of
*
grandfathered students--the
7
number worked out under subsection 33-30(1A).
8
40 Subclause 1(1) of Schedule 1
9
Insert:
10
regional area
means an area that is classified as inner regional
11
Australia, or outer regional Australia, under the
*
ABS Remoteness
12
Structure.
13
remote area
means an area that is classified as remote Australia, or
14
very remote Australia, under the
*
ABS Remoteness Structure.
15
second funding cluster
means the
*
funding cluster referred to in
16
item 2 of the table in section 30-15.
17
total basic grant amount
has the meaning given by section 33-5.
18
Commonwealth Grant Scheme
Schedule 1
Application provisions
Part 2
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
23
Part 2--Application provisions
1
41 Application of amendments
2
The amendments of the
Higher Education Support Act 2003
made by
3
this Schedule apply in relation to the following:
4
(a) funding agreements entered into under Part 2-2 of that Act in
5
respect of 2021 and later calendar years;
6
(b) grants payable under that Part for 2021 and later calendar
7
years.
8
42 Indexation
9
Despite anything in Division 198 of Part 5-6 of the
Higher Education
10
Support Act 2003
, an amount specified in subsection 33-10(1) or (2) of
11
that Act, as amended by this Schedule, is not to be indexed on 1 January
12
2021.
13
Schedule 2
Maximum student contribution amounts for places
Part 1
Amendments commencing day after Royal Assent
24
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
Schedule 2--Maximum student contribution
1
amounts for places
2
Part 1--Amendments commencing day after Royal
3
Assent
4
Division 1
--Amendments
5
Higher Education Support Act 2003
6
1 Section 33-35
7
Repeal the section, substitute:
8
33-35 Funding clusters, or parts of funding clusters, in which units
9
are included
10
The Commonwealth Grant Scheme Guidelines may specify:
11
(a) how to determine, for the purposes of this Act, the
*
funding
12
cluster, or the part of a funding cluster, in which units of
13
study are included; or
14
(b) the particular funding cluster, or the particular part of a
15
particular funding cluster, in which a particular unit is
16
included for the purposes of this Act.
17
2 Section 87-5 (note 1)
18
Omit "Note 1", substitute "Note".
19
3 Section 87-5 (note 2)
20
Repeal the note.
21
4 At the end of subsection 93-5(2)
22
Add "that applies in respect of that person".
23
5 Section 93-10
24
Repeal the section, substitute:
25
Maximum student contribution amounts for places
Schedule 2
Amendments commencing day after Royal Assent
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
25
93-10 Maximum student contribution amount for a place
1
The
maximum student contribution amount for a place
in a unit
2
of study is the amount specified in respect of a person in the
3
following table in relation to the
*
funding cluster in which the unit
4
is included.
5
6
Maximum student contribution amounts for a place
Item
For a place in a unit
of study included in
this funding cluster:
The amount in
respect of a
non-grandfathered
student is:
The amount in respect
of a grandfathered
student is:
1
Law, Accounting,
Administration,
Economics,
Commerce,
Communications,
Society and Culture
$14,500.
(a) for a place in a unit in
Law, Accounting,
Administration,
Economics or
Commerce--
$11,355; or
(b) for a place in a unit in
Communications or
Society and
Culture--$6,804.
2
Education, Clinical
Psychology, English,
Mathematics,
Statistics, Allied
Health, Other Health,
Built Environment,
Computing, Visual
and Performing Arts,
Professional Pathway
Psychology or
Professional Pathway
Social Work
(a) for a place in a unit
in Education,
Clinical
Psychology,
English,
Mathematics or
Statistics--$3,950;
or
(b) for a place in a unit
in Allied Health,
Other Health, Built
Environment,
Computing, Visual
and Performing
Arts, Professional
Pathway
Psychology or
Professional
Pathway Social
Work--$7,950.
(a) for a place in a unit in
Education, Clinical
Psychology, English,
Mathematics or
Statistics--$3,950; or
(b) for a place in a unit in
Allied Health, Other
Health, Built
Environment or
Computing--$7,950;
or
(c) for a place in a unit in
Visual and
Performing Arts,
Professional Pathway
Psychology or
Professional Pathway
Social Work--
$6,804.
Schedule 2
Maximum student contribution amounts for places
Part 1
Amendments commencing day after Royal Assent
26
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
Maximum student contribution amounts for a place
Item
For a place in a unit
of study included in
this funding cluster:
The amount in
respect of a
non-grandfathered
student is:
The amount in respect
of a grandfathered
student is:
3
Nursing, Foreign
Languages,
Engineering,
Surveying,
Environmental
Studies, Science
(a) for a place in a unit
in Nursing or
Foreign
Languages--
$3,950; or
(b) for a place in a unit
in Engineering,
Surveying,
Environmental
Studies or
Science--$7,950.
(a) for a place in a unit in
Nursing or Foreign
Languages--$3,950;
or
(b) for a place in a unit in
Engineering,
Surveying,
Environmental
Studies or Science--
$7,950.
4
Agriculture,
Medicine, Dentistry,
Veterinary Science,
Pathology
(a) for a place in a unit
in Agriculture--
$3,950; or
(b) for a place in a unit
in Medicine,
Dentistry or
Veterinary
Science--$11,300;
or
(c) for a place in a unit
in Pathology--
$7,950.
(a) for a place in a unit in
Agriculture--$3,950;
or
(b) for a place in a unit in
Medicine, Dentistry
or Veterinary
Science--$11,300; or
(c) for a place in a unit in
Pathology--$7,950.
Note 1:
The Commonwealth Grant Scheme Guidelines may specify how to
1
determine the funding cluster, or the part of a funding cluster, in
2
which units of study are included or the particular funding cluster, or
3
the particular part of a particular funding cluster, in which a particular
4
unit of study is included: see section 33-35.
5
Note 2:
Maximum student contribution amounts for places are indexed under
6
Part 5-6.
7
6 Subsection 198-5(1) (table item 3)
8
Omit "amounts for places", substitute "amount for a place".
9
7 Subsection 238-10(1) (table item 2)
10
Omit "; section 93-10".
11
Maximum student contribution amounts for places
Schedule 2
Amendments commencing day after Royal Assent
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
27
8 Subclause 1(1) of Schedule 1 (definition of
maximum
1
student contribution amount for a place
)
2
Omit "subsection 93-10(1)", substitute "section 93-10".
3
Division 2
--Application provisions
4
9 Application of amendments
5
Sections 93-5 and 93-10 of the
Higher Education Support Act 2003
, as
6
amended by this Schedule, apply in relation to a unit of study that has a
7
census date that is on or after 1 January 2021 (whether the unit of study
8
is part of a course of study commenced before, on or after that day).
9
10 Indexation
10
Despite anything in Division 198 of Part 5-6 of the
Higher Education
11
Support Act 2003
, an amount specified in section 93-10 of that Act, as
12
amended by this Schedule, is not to be indexed on 1 January 2021.
13
Schedule 2
Maximum student contribution amounts for places
Part 2
Amendments commencing 1 January 2021
28
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
Part 2--Amendments commencing 1 January 2021
1
Higher Education Support Amendment (2009 Budget
2
Measures) Act 2009
3
11 Item 3 of Schedule 5
4
Repeal the item.
5
Other grants
Schedule 3
Amendments commencing day after Royal Assent
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
29
Schedule 3--Other grants
1
Part 1--Amendments commencing day after Royal
2
Assent
3
Higher Education Support Act 2003
4
1 After paragraph 19-110(3)(c)
5
Insert:
6
; and (d) a statement of the provider's strategies for engaging with
7
industry; and
8
(e) a statement of the provider's strategies for improving
9
equality of opportunity in higher education.
10
2 Application of amendment
11
The amendment of subsection 19-110(3) of the
Higher Education
12
Support Act 2003
made by item 1 of this Schedule applies in relation to
13
a mission based compact in respect of 2021 and later calendar years.
14
Schedule 3
Other grants
Part 2
Amendments commencing 1 January 2021
30
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
Part 2--Amendments commencing 1 January 2021
1
Higher Education Support Act 2003
2
3 After subparagraph 2-1(b)(iii)
3
Insert:
4
and (iv) the engagement with industry and the local community
5
to enable graduates to thrive in the workforce;
6
4 Paragraphs 30-25(3)(b), (ca), (d) and (da)
7
Repeal the paragraphs.
8
5 Subparagraphs 33-1(1)(b)(i) and (iii)
9
Repeal the subparagraphs.
10
6 Subsection 41-10(1) (cell at table item 1, column headed
11
"Who is eligible")
12
Repeal the cell, substitute:
13
14
*
Table A providers and bodies corporate
that are specified in the Other Grants
Guidelines for the purposes of this item
7 Subsection 41-10(1) (at the end of the table)
15
Add:
16
17
13
Grants to encourage higher
education providers to engage with
industry
*
Table A providers
Student protection
Schedule 4
Amendments commencing 1 January 2021
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
31
Schedule 4--Student protection
1
Part 1--Amendments commencing 1 January 2021
2
Division 1
--Amendments
3
Education Legislation Amendment (Provider Integrity and
4
Other Measures) Act 2017
5
1 At the end of Part 2 of Schedule 3
6
Add:
7
45 Further application of amendments
--listed providers and
8
Table C providers
9
(1)
In this item:
10
Act
means the
Higher Education Support Act 2003
.
11
commencement day
means 1 January 2021.
12
(2)
The amendments of sections 19-10 and 19-12 of the Act made by this
13
Schedule apply on and after the commencement day in relation to
14
higher education providers taken to be approved under section 16-5 of
15
the Act, whether taken to be approved before, on or after that day.
16
(3)
Sections 19-36 to 19-36E and 19-42 of the Act, as inserted by this
17
Schedule, apply on and after the commencement day in relation to
18
higher education providers taken to be approved under section 16-5 of
19
the Act, whether taken to be approved before, on or after that day.
20
(4)
The amendments of sections 19-45 and 19-70 of the Act made by this
21
Schedule apply on and after the commencement day in relation to
22
higher education providers taken to be approved under section 16-5 of
23
the Act, whether taken to be approved before, on or after that day.
24
(5)
Sections 19-71 to 19-73 of the Act, as inserted by this Schedule, apply
25
on and after the commencement day in relation to higher education
26
providers taken to be approved under section 16-5 of the Act, whether
27
taken to be approved before, on or after that day.
28
Schedule 4
Student protection
Part 1
Amendments commencing 1 January 2021
32
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
(6)
The amendments of sections 19-75, 19-77, 19-78, 19-80, 19-82 and
1
19-95 of the Act made by this Schedule apply on and after the
2
commencement day in relation to higher education providers taken to be
3
approved under section 16-5 of the Act, whether taken to be approved
4
before, on or after that day.
5
(7)
The amendments of section 104-1 of the Act made by this Schedule
6
apply in relation to a unit of study if:
7
(a) the unit of study is undertaken as part of a course of study;
8
and
9
(b) the student enrolled in the course of study on or after the
10
commencement day; and
11
(c) the unit of study has a census date that occurs on or after that
12
day; and
13
(d) the unit is provided by a higher education provider taken to
14
be approved under section 16-5 of the Act, whether taken to
15
be approved before, on or after that day.
16
(8)
Sections 104-43 and 104-44 of the Act, as inserted by this Schedule,
17
apply on and after the commencement day in relation to higher
18
education providers taken to be approved under section 16-5 of the Act,
19
whether taken to be approved before, on or after that day.
20
(9)
Section 169-17 of the Act, as inserted by this Schedule, applies in
21
relation to students enrolled in units of study:
22
(a) with census dates that occur on or after the commencement
23
day (whether the units of study are part of a course of study
24
commenced before, on or after that day); and
25
(b) that are provided by higher education providers taken to be
26
approved under section 16-5 of the Act, whether taken to be
27
approved before, on or after that day.
28
(10)
The amendments of sections 169-25 and 174-5 of the Act made by this
29
Schedule apply on and after the commencement day in relation to
30
higher education providers taken to be approved under section 16-5 of
31
the Act, whether taken to be approved before, on or after that day.
32
Student protection
Schedule 4
Amendments commencing 1 January 2021
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
33
Higher Education Support Act 2003
1
2 Paragraph 19-10(2)(ab)
2
Before "comply", insert "must".
3
3 Subparagraph 19-45(1)(c)(i)
4
Repeal the subparagraph, substitute:
5
(i) under subsection 36-12(2) or 36-20(1); or
6
4 Paragraph 19-45(4)(a)
7
Repeal the paragraph, substitute:
8
(a) under subsection 36-12(2) or 36-20(1); or
9
5 Paragraph 19-50(1)(a)
10
Repeal the paragraph, substitute:
11
(a) under subsection 36-12(2) or 36-20(1); or
12
6 Paragraph 19-50(2)(c)
13
Repeal the paragraph, substitute:
14
(c) under subsection 36-12(2) or 36-20(1); or
15
7 Subsection 19-60(1)
16
Omit "section 36-20", substitute "subsection 36-12(2) or 36-20(1)".
17
8 Section 19-80 (heading)
18
Omit "
--provider (other than Table A provider)
".
19
9 Subsection 19-80(1)
20
Omit "(other than a
*
Table A provider)".
21
10 Paragraph 36-5(1)(b)
22
Omit ", under section 36-10 or 36-15, or both,", substitute "under this
23
Subdivision".
24
11 At the end of section 36-5
25
Add:
26
Schedule 4
Student protection
Part 1
Amendments commencing 1 January 2021
34
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
(5) In addition, the person is not a
*
Commonwealth supported student
1
in relation to the unit of study if the
*
Secretary determines that the
2
person is not a genuine student in relation to the unit.
3
(6) In determining whether a person is a genuine student for the
4
purposes of subsection (5), the
*
Secretary must have regard to the
5
matters (if any) specified in the Higher Education Provider
6
Guidelines.
7
(7) If a determination under subsection (5) is made in writing, the
8
determination is not a legislative instrument.
9
12 Section 36-10 (at the end of the heading)
10
Add "
--general
".
11
13 After paragraph 36-10(1)(b)
12
Insert:
13
(ba) the person has been assessed by the higher education
14
provider, in accordance with section 19-42, as academically
15
suited to undertake the unit; and
16
14 After section 36-10
17
Insert:
18
36-12 Advice on whether a person is a Commonwealth supported
19
student--unreasonable study load
20
(1) A higher education provider must not advise a person that the
21
person is a
*
Commonwealth supported student in relation to a unit
22
of study (the
new unit
) if the sum of the following amounts is more
23
than 2:
24
(a) the
*
EFTSL value of the new unit;
25
(b) the sum of the EFTSL values of each other unit of study:
26
(i) that has a
*
census date during the 12 month period
27
ending on the census date for the new unit; and
28
(ii) for which the person is entitled to
*
HECS-HELP
29
assistance or
*
FEE-HELP assistance, or would be so
30
entitled but for the previous operation of this section, or
31
section 104-1AA, in relation to the other unit of study.
32
Student protection
Schedule 4
Amendments commencing 1 January 2021
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
35
(2) Subsection (1) does not apply if the higher education provider
1
determines that undertaking the new unit will not impose an
2
unreasonable study load on the person, having regard to:
3
(a) whether the person has the demonstrated capacity and
4
capability to successfully complete units of study that have a
5
total EFTSL value of more than 2; and
6
(b) the matters (if any) specified by the Higher Education
7
Provider Guidelines for the purposes of this paragraph.
8
(3) A decision of a higher education provider under subsection (2)
9
must be in accordance with the requirements (if any) specified in
10
the Higher Education Provider Guidelines.
11
(4) If a determination under subsection (2) is made in writing, the
12
determination is not a legislative instrument.
13
15 At the end of section 36-15
14
Add:
15
(5) A higher education provider must not advise a person that the
16
person is a
*
Commonwealth supported student in relation to a unit
17
of study if:
18
(a) the provider has completed any part of a
*
request for
19
Commonwealth assistance that the person is required to
20
complete; and
21
(b) the request relates to the person enrolling in the unit of study
22
or, where the unit forms part of a
*
course of study undertaken
23
with the provider, the course of study.
24
16 Section 36-24C
25
Omit "subsection 36-20(1)", substitute "subsection 36-12(2) or
26
36-20(1)".
27
17 Paragraphs 36-25(1)(b) and (2)(c)
28
Omit "under section 36-10 or section 36-15, or both", substitute "under
29
Subdivision 36-B".
30
18 Paragraph 36-30(1)(b)
31
Omit "under section 36-10 or section 36-15, or both", substitute "under
32
Subdivision 36-B".
33
Schedule 4
Student protection
Part 1
Amendments commencing 1 January 2021
36
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
19 At the end of subsection 36-30(3)
1
Add:
2
; and (c) the provider is not prohibited, under Subdivision 36-B, from
3
advising the person that the person is a Commonwealth
4
supported student in relation to the unit.
5
20 Section 90-1
6
Omit "Subject to section 90-10, a student", substitute "A student".
7
21 Section 90-10
8
Repeal the section.
9
22 At the end of Division 96
10
Add:
11
96-5 Effect of HELP balance being re-credited
12
(1) If, under Division 97, a person's
*
HELP balance is re-credited with
13
an amount relating to
*
HECS-HELP assistance for a unit of study,
14
the provider must pay to the Commonwealth an amount equal to
15
the amount of HECS-HELP assistance to which the person was
16
entitled for the unit.
17
Note:
The provider must repay the amount under subsection (1) even if the
18
person's HELP balance is not increased by an amount equal to the
19
amount re-credited.
20
(2) Subsection (1) does not apply to the provider if:
21
(a) the person's
*
HELP balance was re-credited under
22
subsection 97-25(2) (which deals with the main case of
23
re-crediting a person's HELP balance); and
24
(b) the person enrolled in the unit in circumstances that make it a
25
replacement unit within the meaning of the
*
tuition protection
26
requirements.
27
(3) The Higher Education Provider Guidelines may, in setting out the
28
*
tuition protection requirements, specify, in relation to the
29
re-crediting of a person's
*
HELP balance in circumstances to
30
which subsection (2) applies:
31
Student protection
Schedule 4
Amendments commencing 1 January 2021
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
37
(a) the amount (if any) that is to be paid to the Commonwealth;
1
and
2
(b) the person (if any) who is to pay the amount.
3
96-10 Implications for student's liability to higher education
4
provider for student contribution amount
5
If, under Division 97, a student's
*
HELP balance is re-credited
6
with an amount relating to
*
HECS-HELP assistance for a unit of
7
study, the student is discharged from all liability to pay or account
8
for so much of the student's
*
student contribution amount for the
9
unit as is equal to that amount.
10
23 At the end of Division 97
11
Add:
12
97-45 Re-crediting a person's HELP balance in relation to
13
HECS-HELP assistance--provider completes request for
14
assistance
15
(1) A higher education provider must, on the
*
Secretary's behalf,
16
re-credit a person's
*
HELP balance with an amount equal to the
17
amounts of
*
HECS-HELP assistance that the person received for a
18
unit of study if the provider completes any part of the
*
request for
19
Commonwealth assistance in relation to the unit that the person is
20
required to complete.
21
Note:
A HECS-HELP debt relating to a unit of study is taken to be remitted
22
if the HELP balance in relation to the unit is re-credited under this
23
section: see subsection 137-5(5).
24
(2) The
*
Secretary may re-credit the person's
*
HELP balance under
25
this section if the provider is unable to do so.
26
97-50 Re-crediting a person's HELP balance in relation to
27
HECS-HELP assistance--person not entitled to assistance
28
(1) A higher education provider must, on the
*
Secretary's behalf,
29
re-credit a person's
*
HELP balance with an amount equal to the
30
amounts of
*
HECS-HELP assistance that the person received for a
31
unit of study if the provider or the Secretary is satisfied that the
32
Schedule 4
Student protection
Part 1
Amendments commencing 1 January 2021
38
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
person was not entitled to receive HECS-HELP assistance for the
1
unit of study with the provider.
2
Note 1:
For example, a person is not entitled to HECS-HELP assistance for a
3
unit of study if the person is not a Commonwealth supported student
4
in relation to the unit: see section 90-1.
5
Note 2:
Subdivision 36-B sets out circumstances in which a higher education
6
provider must not advise a person that the person is a Commonwealth
7
supported student in relation to a unit of study.
8
Note 3:
A HECS-HELP debt relating to a unit of study is taken to be remitted
9
if the HELP balance in relation to the unit is re-credited under this
10
section: see subsection 137-5(5).
11
(2) The
*
Secretary may re-credit the person's
*
HELP balance under
12
subsection (1) if the provider is unable to do so.
13
24 Subsection 104-1(1)
14
Omit "104-1A", substitute "104-1AA, 104-1A".
15
25 Paragraph 104-1(1)(ab)
16
Repeal the paragraph.
17
26 Subsection 104-1(1A)
18
Repeal the subsection, substitute:
19
(1AA) A student is not entitled to
*
FEE-HELP assistance for a unit of
20
study if the
*
Secretary determines that the student is not a genuine
21
student in relation to the unit.
22
(1AB) In determining whether a student is a genuine student for the
23
purposes of subsection (1AA), the
*
Secretary must have regard to
24
the matters (if any) specified in the Higher Education Provider
25
Guidelines.
26
(1AC) If a determination under subsection (1AA) is made in writing, the
27
determination is not a legislative instrument.
28
27 After section 104-1
29
Insert:
30
Student protection
Schedule 4
Amendments commencing 1 January 2021
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
39
104-1AA Student has unreasonable study load
1
(1) A student is not entitled to
*
FEE-HELP assistance for a unit of
2
study (the
new unit
) provided, or to be provided, by a higher
3
education provider if the sum of the following amounts is more
4
than 2:
5
(a) the
*
EFTSL value of the new unit;
6
(b) the sum of the EFTSL values of each other unit of study:
7
(i) that has a
*
census date during the 12 month period
8
ending on the census date for the new unit; and
9
(ii) for which the person is entitled to
*
HECS-HELP
10
assistance or
*
FEE-HELP assistance, or would be so
11
entitled but for the previous operation of this section, or
12
section 36-12, in relation to the other unit of study.
13
(2) Subsection (1) does not apply if the higher education provider
14
determines that undertaking the new unit will not impose an
15
unreasonable study load on the person, having regard to:
16
(a) whether the person has the demonstrated capacity and
17
capability to successfully complete units of study that have a
18
total EFTSL value of more than 2; and
19
(b) the matters (if any) specified by the Higher Education
20
Provider Guidelines for the purposes of this paragraph.
21
(3) A decision of a higher education provider under subsection (2)
22
must be in accordance with the Higher Education Provider
23
Guidelines.
24
(4) If a determination under subsection (2) is made in writing, the
25
determination is not a legislative instrument.
26
28 At the end of Subdivision 104-A
27
Add:
28
104-12 Secretary may act if provider is unable to
29
If a higher education provider is unable to act for the purposes of
30
subsection 104-1AA(2), the
*
Secretary may act as if one or more of
31
the references in that provision to a higher education provider were
32
a reference to the Secretary.
33
Schedule 4
Student protection
Part 1
Amendments commencing 1 January 2021
40
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
29 Paragraph 104-43(1)(b)
1
Repeal the paragraph, substitute:
2
(b) the Secretary has determined under subsection 104-1(1AA)
3
that the student is not a genuine student in relation to the unit.
4
30 At the end of Division 110
5
Add:
6
110-10 Implications for student's liability to higher education
7
provider for student tuition fee
8
If, under Subdivision 104-B, a student's
*
HELP balance is
9
re-credited with an amount relating to
*
FEE-HELP assistance for a
10
*
unit of study, the student is discharged from all liability to pay or
11
account for so much of the student's
*
tuition fee for the unit as is
12
equal to that amount.
13
31 Subsection 137-5(5)
14
Omit "section 97-25, 97-27 or 97-42", substitute "Division 97".
15
32 Section 206-1 (after table item 1AB)
16
Insert:
17
18
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
19
Student protection
Schedule 4
Amendments commencing 1 January 2021
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
41
33 Section 206-1 (after table item 1B)
1
Insert:
2
3
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
1
A decision that
section 104-30 does
not apply to a person
subsection 104-1A(2)
the higher education
provider with whom
the student is enrolled
in the unit
Schedule 4
Student protection
Part 1
Amendments commencing 1 January 2021
42
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
34 Section 206-1 (note 1)
1
Repeal the note, substitute:
2
Note 1:
The decisions referred to in items 1A, 1B, 1C, 1D and 2 of the table
3
are made by a higher education provider on the Secretary's behalf.
4
35 Subsection 209-1(2) (note 1)
5
Omit "section 36-20", substitute "subsection 36-12(2) or 36-20(1)".
6
36 Paragraph 238-1(2)(a)
7
Repeal the paragraph, substitute:
8
(a) under subsection 36-12(2) or 36-20(1); or
9
37 Subsection 238-10(1) (table item 6)
10
Omit "section 104-1;", substitute "Division 36; section 96-5;
11
Subdivision 104-A; section 110-5;".
12
Division 2
--Application provision
13
38 Application of amendments
14
(1)
The amendments of section 36-5, 36-10, 36-15 and 104-1 of the
Higher
15
Education Support Act 2003
made by this Part apply in relation to any
16
unit of study with a census date that is on or after 1 January 2021
17
(whether the unit of study is part of a course of study commenced
18
before, on or after that day).
19
(2)
Sections 36-12, 97-45, 97-50 and 104-1AA of the
Higher Education
20
Support Act 2003
, as inserted by this Part, apply in relation to any unit
21
of study with a census date that is on or after 1 January 2021 (whether
22
the unit of study is part of a course of study commenced before, on or
23
after that day).
24
(3)
Section 96-10 of the
Higher Education Support Act 2003
, as inserted by
25
this Part, applies in relation to any unit of study in respect of which a
26
student becomes liable, on or after 1 January 2021, to pay a student
27
contribution amount (whether the unit of study is part of a course of
28
study commenced before, on or after that day).
29
(4)
Section 110-10 of the
Higher Education Support Act 2003
, as inserted
30
by this Part, applies in relation to any unit of study in respect of which a
31
Student protection
Schedule 4
Amendments commencing 1 January 2021
Part 1
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
43
student becomes liable, on or after 1 January 2021, to pay a tuition fee
1
(whether the unit of study is part of a course of study commenced
2
before, on or after that day).
3
Schedule 4
Student protection
Part 2
Amendments commencing 1 January 2022
44
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
Part 2--Amendments commencing 1 January 2022
1
Division 1
--Amendments
2
Education Legislation Amendment (Provider Integrity and
3
Other Measures) Act 2017
4
39 After subitem 45(7) of Part 2 of Schedule 3
5
Insert:
6
(7A)
Section 104-1A of the Act, as inserted by this Schedule, applies in
7
relation to a unit of study if:
8
(a) the unit of study is undertaken as part of a course of study;
9
and
10
(b) the student enrolled in the course of study on or after
11
1 January 2022; and
12
(c) the unit of study has a census date that occurs on or after that
13
day; and
14
(d) the unit is provided by a higher education provider taken to
15
be approved under section 16-5 of the Act, whether taken to
16
be approved before, on or after that day.
17
Higher Education Support Act 2003
18
40 After section 36-12
19
Insert:
20
36-13 Advice on whether a person is a Commonwealth supported
21
student--failure to complete previous units
22
(1) A higher education provider must not advise a person that the
23
person is a
*
Commonwealth supported student in relation to a unit
24
of study if:
25
(a) in a case where the unit of study is part of a
*
course of study
26
leading to a
*
higher education award that is a bachelor degree
27
or higher qualification:
28
Student protection
Schedule 4
Amendments commencing 1 January 2022
Part 2
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
45
(i) the student has already undertaken 8 or more other units
1
of study with that provider as part of that course of
2
study; and
3
(ii) the student did not successfully complete at least 50%
4
of those other units; or
5
(b) in any other case:
6
(i) the student has already undertaken 4 or more other units
7
of study with that provider as part of a course of study;
8
and
9
(ii) the student did not successfully complete at least 50%
10
of those other units.
11
(2) In determining, for the purposes of subparagraphs (1)(a)(ii) and
12
(b)(ii), the number of units the student did not successfully
13
complete, disregard any units:
14
(a) not completed by the student; and
15
(b) in respect of which the provider has determined that
16
section 36-20 (which deals with special circumstances)
17
applies to the student.
18
Division 2
--Application provision
19
41 Application of amendment
20
Section 36-13 of the
Higher Education Support Act 2003
, as inserted by
21
this Part, applies in relation to a unit of study if:
22
(a) the unit of study is undertaken as part of a course of study;
23
and
24
(b) the student enrolled in the course of study on or after
25
1 January 2022; and
26
(c) the unit of study has a census date that occurs on or after that
27
day; and
28
(d) the unit is provided by a higher education provider taken to
29
be approved under section 16-5 of the Act, whether taken to
30
be approved before, on or after that day.
31
Schedule 5
Other amendments
Part 1
Amendments commencing 1 January 2020
46
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
Schedule 5--Other amendments
1
Part 1--Amendments commencing 1 January 2020
2
Higher Education Support Act 2003
3
1 Paragraph 142-1(2)(a)
4
Repeal the paragraph, substitute:
5
(a) an approved child care service (within the meaning of the
A
6
New Tax System (Family Assistance) (Administration) Act
7
1999)
that is a centre-based day care service;
8
Other amendments
Schedule 5
Amendments commencing day after Royal Assent
Part 2
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
47
Part 2--Amendments commencing day after Royal
1
Assent
2
Higher Education Support Act 2003
3
2 Subsection 16-22(1) (table)
4
Omit "University College London, a non-profit organisation established
5
under United Kingdom law".
6
3 Section 27-5
7
Repeal the section, substitute:
8
27-5 Commonwealth Grant Scheme Guidelines
9
The grants payable under this Part are also dealt with in the
10
Commonwealth Grant Scheme Guidelines. The provisions of this
11
Part indicate when a particular matter is or may be dealt with in
12
these Guidelines.
13
Note:
The Commonwealth Grant Scheme Guidelines are made by the
14
Minister under section 238-10.
15
4 Subsection 36-55(1) (not including the heading)
16
Repeal the subsection, substitute:
17
(1) A higher education provider must not determine, as a person's
18
*
tuition fee for a unit of study, an amount that is less than the
19
highest
*
student contribution amount that the provider would
20
charge any person who is a
*
Commonwealth supported student in
21
relation to the unit.
22
5 Subsection 36-55(2)
23
Omit all the words after "is less", substitute "than the
*
student
24
contribution amount referred to in subsection (1)".
25
6 Section 51-5
26
Repeal the section.
27
Schedule 5
Other amendments
Part 2
Amendments commencing day after Royal Assent
48
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
No. , 2020
7 Paragraph 54-5(f)
1
Repeal the paragraph.
2
8 Subsection 57-1(1)
3
Omit "(1)".
4
9 Subsections 57-1(2) and 57-5(3)
5
Repeal the subsections.
6
10 Subsection 238-10(1) (table items 9 and 11)
7
Repeal the items.
8
Other amendments
Schedule 5
Amendments commencing 1 January 2021
Part 3
No. , 2020
Higher Education Support Amendment (Job-Ready Graduates and
Supporting Regional and Remote Students) Bill 2020
49
Part 3--Amendments commencing 1 January 2021
1
Higher Education Support Act 2003
2
11 Subsection 16-15(1) (table)
3
Insert "Australian National University".
4
12 Subsection 16-15(1) (table)
5
Omit "The Australian National University".
6
13 Subsection 16-15(1) (table)
7
After "Catholic University", insert "Limited".
8
14 Subsection 16-20(1) (table)
9
After "Bond University", insert "Limited".
10
15 Subsection 16-20(1) (table)
11
After "University Australia", insert "Ltd".
12
16 After subparagraph 137-10(2)(b)(i)
13
Insert:
14
(ia) for a unit of study with a census date on or after
15
1 January 2021--an amount equal to 120% of the loan;
16
or
17
Social Security Act 1991
18
17 Subparagraph 1061ZAAB(c)(i)
19
Omit "6 months", substitute "3 months".
20
18 Application of amendment
21
The amendment of subparagraph 1061ZAAB(c)(i) of the
Social
22
Security Act 1991
made by item 17 of this Schedule applies in relation
23
to the 2021 study year and later study years.
24
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