Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_11:p15
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 15/35)
Character Range: 89792–92733

(2) unless the Secretary is satisfied:
 (a) that unless the Secretary makes the determination, the higher education provider concerned would not be able to maintain key services at an appropriate level for the calendar year or years to which the determination relates; and
 (b) that the higher education provider has in place a transition plan that will enable it to comply with section 19‑39 after the end of the calendar year or years specified in the determination.
 (4) A higher education provider may make an application under this subsection:
 (a) in a form approved by the Secretary; and
 (b) in accordance with the requirements that the Secretary determines in writing; and
 (c) within the period (if any) specified in the Student Services, Amenities, Representation and Advocacy Guidelines for the purposes of this paragraph.
Note: The Student Services, Amenities, Representation and Advocacy Guidelines are made by the Minister under section 238‑10.
 (5) A determination made under this section is not a legislative instrument.

19‑42  Assessment of students as academically suited
 (1) Before enrolling a student in a unit of study, a higher education provider must assess the student as academically suited to undertake the unit concerned.
Civil penalty: 120 penalty units.
 (1A) Before enrolling a person in an *accelerator program course, a higher education provider must assess the person as academically suited to undertake that accelerator program course.
Civil penalty: 120 penalty units.
 (2) The assessment for the purposes of subsection (1) or (1A) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines.

19‑43  Support for students policy

Providers must have a support for students policy
 (1) A higher education provider must have a policy (a support for students policy) that deals with the support provided to the provider's students to assist them to successfully complete the units of study in which they are enrolled.
 (2) A higher education provider's support for students policy must:
 (a) include information on:
 (i) the provider's processes for identifying students that are at risk of not successfully completing their units of study; and
 (ii) the supports available from or on behalf of the provider to assist students to successfully complete the units of study in which they are enrolled; and
 (b) comply with any requirements specified in the Higher Education Provider Guidelines.
 (3) Without limiting paragraph (2)(b), the requirements may relate to the following:
 (a) requirements for the higher education provider's support for students policy to include specified information;
 (b) requirements about the presentation, format and availability of the policy.

Provider to comply with support for students policy
 (4) A higher education provider must comply with its support for students policy.

Provider must report on compliance with support for