Education Legislation Amendment (Up-front Payments Tuition Protection) Act 2020 (101 of 2020)

Schedule 1   Amendment of the Tertiary Education Quality and Standards Agency Act 2011

Tertiary Education Quality and Standards Agency Act 2011

7   After section 26

Insert:

26A Condition - compliance with the tuition protection requirements

(1) This section applies to a registered higher education provider if Part 5A applies to the provider.

(2) The provider must comply with the tuition protection requirements.

(3) The tuition protection requirements are:

(a) the requirements set out in this section, Part 5A and the Up-front Payments Guidelines; and

(b) the requirements set out in the Up-front Payments Guidelines for the purposes of this paragraph.

(4) The provider must pay the following when it is due and payable by the provider:

(a) up-front payments tuition protection levy;

(b) any penalty for late payment of up-front payments tuition protection levy.

Note 1: Up-front payments tuition protection levy is imposed by the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020.

Note 2: An amount equal to each amount of up-front payments tuition protection levy received from a registered higher education provider is credited to the Higher Education Tuition Protection Fund: see paragraph 167-5(aa) of the Higher Education Support Act 2003.

Note 3: The Higher Education Tuition Protection Fund Advisory Board advises the Higher Education Tuition Protection Director in relation to certain components of the up-front payments tuition protection levy: see paragraph 167-35(1)(b) of the Higher Education Support Act 2003.

(5) The Up-front Payments Guidelines may make provision for, or in relation to, all or any of the following matters:

(a) the issue of notices setting out the amount of up-front payments tuition protection levy payable by a provider;

(b) when up-front payments tuition protection levy is due and payable;

(c) the issue of notices extending the time for payment of up-front payments tuition protection levy;

(d) penalties for late payment of up-front payments tuition protection levy;

(e) to whom up-front payments tuition protection levy and any penalties for late payment are payable;

(f) the refund, remission or waiver of up-front payments tuition protection levy or penalties for late payment;

(g) the review of decisions made under the Up-front Payments Guidelines in relation to the collection or recovery of up-front payments tuition protection levy;

(h) any other matters relating to the collection or recovery of up-front payments tuition protection levy.

(6) The Up-front Payments Guidelines may, for the purposes of paragraph 167-10(1)(b) of the Higher Education Support Act 2003, make provision for, or in relation to, payments made in connection with the tuition protection requirements, including in relation to the following:

(a) the circumstances in which payments may be made;

(b) amounts of different kinds of payments;

(c) methods for calculating different kinds of payments.

Note: For example, the Up-front Payments Guidelines may provide that a provider of a replacement course may receive a transfer payment if a student accepts an offer of a replacement course with the provider.

Information and documents related to tuition protection

(7) The Up-front Payments Guidelines may set out specified information and documents that a registered higher education provider must:

(a) keep records of for the purposes of the tuition protection requirements; and

(b) give to the Secretary in accordance with subsection (8).

(8) The information and documents mentioned in subsection (7) must be given to the Secretary:

(a) within the period specified by the Secretary; and

(b) in the manner and form approved by the Secretary.

(9) Without limiting subsection (7), the information and documents may relate to one or more of the following:

(a) the provider's domestic students (including information and documents relating to each student's enrolment, progression in units of study and results);

(b) the provider's tuition fees, including the amount of any up-front payments received for each domestic student for a unit of study;

(c) identifying information about the provider's domestic students, including the full names and contact details of the students;

(d) any other matter related to tuition protection under this Act.

26B Guidelines

The Minister may, by legislative instrument, make guidelines (the Up-front Payments Guidelines ) providing for matters:

(a) required or permitted by this Act or the Higher Education Support Act 2003 to be provided by the Up-front Payments Guidelines; or

(b) necessary or convenient to be provided in order to carry out or give effect to Part 5A of this Act or Part 5-1A or 5-1B of the Higher Education Support Act 2003.