Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-7 - STARTUP HELP ASSISTANCE  

Division 128B - Who is entitled to STARTUP HELP assistance?  

SECTION 128B-15   No entitlement: unreasonable study load  

128B-15(1)    
A student is not entitled to *STARTUP-HELP assistance for an *accelerator program course (a new course ) provided, or to be provided, by a higher education provider if the sum of the following amounts is more than 2:

(a)    the *EFTSL value of the new course;

(b)    the sum of the EFTSL values of each other unit of study:

(i) that has a *census date during the 12 month period ending on the census date for the new course; and

(ii) for which the person is entitled to *HECS-HELP assistance or *FEE-HELP assistance, or would be so entitled but for the previous operation of this section, or section 36-12 , in relation to the other unit of study;

(c)    the sum of the EFTSL values of each other accelerator program course:

(i) that has a census date during the 12 month period ending on the census date for the new course; and

(ii) for which the person is entitled to STARTUP-HELP assistance, or would be so entitled but for the previous operation of this section in relation to the other accelerator program course.

128B-15(2)    
Subsection (1) does not apply if the higher education provider determines that undertaking the new course will not impose an unreasonable study load on the person, having regard to:

(a)    whether the person has the demonstrated capacity and capability to successfully complete courses of study or *accelerator program courses that have a combined total *EFTSL value of more than 2; and

(b)    the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.

Note:

A decision under this subsection that undertaking a new accelerator program course will impose an unreasonable study load on a student is reviewable under Part 5-7 .

128B-15(3)    
A decision of a higher education provider under subsection (2) must be in accordance with the Higher Education Provider Guidelines.

128B-15(4)    
If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.

128B-15(5)    
If a higher education provider is unable to act for one or more of the purposes of this section, the *Secretary may act as if one or more of the references in this section to the provider were a reference to the Secretary.