Document ID: chunk:federal_register_of_legislation:F2024C00381:reg:36:p1
Version: federal_register_of_legislation:F2024C00381
Segment Type: reg
Provision Reference: reg 36 (pt 1/2)
Character Range: 47153–49860

36  Keeping records
 (1) For the purposes of section 19‑72 of the Act, a higher education provider must keep records relating to:
 (a) how the provider assessed a student as academically suited to undertake a unit of study before enrolling the student in the unit of study being undertaken as part of a course of study; and
 (b) if the provider is satisfied that special circumstances apply to a student for the purposes of section 104‑1A of the Act—the grounds on which the provider is so satisfied; and
 (c) if the provider determines that undertaking a unit will not impose an unreasonable study load on a person for the purposes of subsections 36-12(2) and 104-1AA(2)—the grounds on which the provider made such a determination.
Note 1: The requirement to undertake the assessment mentioned in paragraph (1)(a) is imposed under section 19‑42 of the Act.
Note 2: For when special circumstances apply to a person, see section 104‑30 of the Act.
 (2) The records must be kept in a manner so that they can be readily provided upon request to the student concerned, the Minister or the Secretary.
 (3) A record required to be kept by a higher education provider under this section must be kept by the provider for the period of 7 years, starting from when the record was made by the provider.

37 Publishing information
 (1) For the purposes of section 19‑73 of the Act, a higher education provider must publish the following information in relation to each unit of study or accelerator program course offered by the provider:
 (a) the mode of delivery of the unit of study or accelerator program course;
 (b) whether the unit of study or accelerator program course will be delivered by the provider or by a third party;
 (c) in relation to units of study, whether FEE-HELP assistance or HECS-HELP assistance is available for the unit of study and whether a person can be a Commonwealth supported student in relation to the unit of study;
 (d) in relation to accelerator program courses, whether STARTUP-HELP assistance is available for the accelerator program course;
 (e) in relation to units of study, whether there are any limits or conditions on the FEE‑HELP assistance or HECS-HELP assistance available for the unit of study imposed on the provider's approval as a higher education provider; and
 (f) in relation to accelerator program courses, whether there are any limits or conditions on the STARTUP-HELP assistance available for the accelerator program course imposed on the provider's approval as a higher education provider.
 (2) The information must be published by the higher education provider prominently on its website, and in a manner that is easily accessible without provision of login or