Document ID: chunk:federal_register_of_legislation:C2004A01354:clause:2_19:p1
Version: federal_register_of_legislation:C2004A01354
Segment Type: clause
Provision Reference: sch 2 cl 19 (pt 1/2)
Character Range: 10923–13733

19  After section 104‑1
Insert:

104‑2  Failure by a student to complete previous units accessed through Open Learning Australia

  A student is not entitled to *FEE‑HELP assistance for a unit of study if:
 (a) the student has already undertaken 8 or more other units of study, access to which was provided by *Open Learning Australia; and
 (b) the student did not successfully complete at least 50% of those other units.

104‑3  Failure by Open Learning Australia to comply with FEE‑HELP Guidelines

 (1) The Minister may determine, in writing, 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 Learning Australia, if the Minister is satisfied that Open Learning Australia has, during the 2 years immediately preceding the specified year, failed to comply with the FEE‑HELP Guidelines.

 (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 Learning Australia;
 (b) requirements relating to the quality of tuition accessed through Open Learning Australia;
 (c) requirements relating to fairness in the treatment of persons accessing, or seeking to access, tuition through Open Learning 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 Learning Australia;
 (f) requirements relating to the provision of information to the Commonwealth by Open Learning Australia that is relevant in any way to the provision of *FEE‑HELP assistance to students accessing units of study through Open Learning 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 Learning 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.

 (4) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

104‑4  Failure by Open Learning Australia to set tuition fees and census date

 (1) This section applies to a unit of study access to which is provided by *Open Learning Australia during a year.

Tuition fees

 (2) *Open Learning Australia must determine a *fee for the unit that is to apply to all students to whom Open Learning