HIGHER EDUCATION FUNDING ACT 1988
CHAPTER 4
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HIGHER EDUCATION CONTRIBUTION SCHEME
PART 4.4
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(REPEALED)
Division 5
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Miscellaneous
SECTION 78
SECRECY
78(1)
In this section:
(a) who is or has been appointed or employed by the Commonwealth and who, because of the appointment or employment or in the course of the performance of the duties of the appointment or in the course of the employment, may acquire or has acquired confidential information;
(b) to whom powers or functions have been delegated by the Commissioner and who, because of, or in the course of the exercise of powers or the performance of functions under, the delegation, may acquire or has acquired confidential information; or
(c) who is or has been an officer of, or employed by, an institution and who, because of the office or employment or in the course of the performance of the duties of the office or in the course of the employment, may acquire or has acquired confidential information.
78(2)
A reference in this section to the acquisition by a person of confidential information is a reference to the acquisition of information in relation to the affairs of another person disclosed or obtained under or for the purposes of this Chapter.
78(3)
For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.
78(4)
An officer who, either directly or indirectly, and either while the person is, or after the person ceases to be, an officer: (a) makes a record of any information in relation to the affairs of a second person; or (b) divulges or communicates to a second person any information in relation to the affairs of a third person;
78(4A)
Subsection (4) does not apply to the extent that the person makes the record of the information, or divulges or communicates the information, for the purposes of this Chapter or in the performance of the person ' s duties as an officer.
78(4B)
For the purposes of an offence against subsection (4) , strict liability applies to the physical element of circumstance, that the information was disclosed or obtained under or for the purposes of this Chapter.
78(5)
Except when it is necessary to do so for the purpose of carrying into effect the provisions of this Chapter, an officer shall not be required: (a) to produce in court any document made or given under or for the purposes of this Chapter; or (b) to divulge or communicate to a court a matter or thing in relation to information disclosed or obtained under or for the purposes of this Chapter;
78(6)
Nothing in subsection (4) shall be taken to prohibit the Commissioner, or a person authorised by the Commissioner, from communicating any information to the Administrative Review Tribunal in connection with proceedings under this Act or any Act of which the Commissioner of Taxation has the general administration.
78(7)
Nothing in an Act of which the Commissioner of Taxation has the general administration shall be taken to prohibit the Commissioner, or a person authorised by the Commissioner, from communicating any information to a person performing, as an officer, duties arising under this Chapter for the purpose of enabling the person to perform those duties.
78(8)
Nothing in subsection (4) shall be taken to prohibit a person referred to in paragraph (a) or (b) of the definition of officer in subsection (1) from communicating any information to an officer of the Department for the purpose of the provision by that officer of assistance to the person in the performance of duties arising under this Chapter.
78(9)
For the purposes of subsection (4) , an officer shall be taken to have communicated information to another person in contravention of that subsection if the officer communicates the information to any Minister.
78(10)
An officer shall, if and when required by the Commissioner to do so, make an oath or declaration, in a manner and form specified by the Commissioner in writing, to maintain secrecy in accordance with the provisions of this section.
[ CCH Note 1: Act No 150 of 2003, s 3 and Sch 1 items 1 to 5 and 24, contains the following transitional provisions:
``Part 1 - Transitional arrangement for students under the Higher Education Contribution Scheme
Student contribution amounts for students under the Higher Education Contribution Scheme
1(1)
If:
(a) a person is enrolled with an institution in a unit of study that forms part of a course of study that the person started before 1 January 2005; and
(b) the period over which the person is undertaking the unit ends on or before 31 December 2008; and
(c) the person is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988 ; and
(d) the course is a designated course of study within the meaning of that Chapter; and
(e) (Omitted)
(f) the person:
(i) is entitled to HECS-HELP assistance for the unit; or
(ii) would be entitled to HECS-HELP assistance for the unit but for paragraph 90-1(1)(a) or (c), or paragraphs 90-1(1)(a) and (c), of the Higher Education Support Act 2003 ; and
(g) the person has neither:
(i) discontinued his or her enrolment in the course since that commencement (see item 2); nor
(ii) completed the requirements of the course;then:
(h) if the institution is not (apart from this item) a higher education provider - the institution is taken, for the purposes of the application of the Higher Education Support Act 2003 in relation to the person and the unit, to be a higher education provider; and
(i) if subparagraph (f)(ii) applies and the person is not an excepted student - the person is taken, for the purposes of that Act, to be entitled to HECS-HELP assistance for the unit; and
(j) the person is taken, for the purposes of that Act, to be a Commonwealth supported student in relation to the unit; and
(k) the student contribution amount for the unit is taken, for the purposes of that Act, not to exceed the amount that would be worked out under section 93-5 of that Act if the maximum student contribution amount per place for the unit were worked out under item 3.
1(2)
However, this item does not apply if the person has notified an appropriate officer of the institution, under subsection 36-5(3) of the Higher Education Support Act 2003 , that he or she does not wish to be a Commonwealth supported student in relation to the unit.
1(3)
In this item:excepted student
has the meaning given by subsection 41(3) of the Higher Education Funding Act 1988 .
Discontinuance of enrolments
2
A person is not taken, for the purposes of subparagraph (1)(g)(i) of item 1, to have discontinued his or her enrolment in a course of study merely because:
(a) the person has taken leave of absence from, or has deferred, the course, with the approval of the institution with which the person is undertaking the course; or
(b) the person transfers his or her enrolment in the course to another course of study at the same level with the same or another institution or higher education provider; or
(c) circumstances have occurred that are specified in the guidelines under item 5 as not amounting to a discontinuance of enrolment. Maximum student contribution amounts per place
3(1)
If a person to whom item 1 applies started the course of study in question before 1 January 1997, the maximum student contribution amount per place for the unit is $2,830.
3(2)
If a person to whom item 1 applies started the course of study in question on or after 1 January 1997, the maximum student contribution amount per place for the unit is:
(a) if the unit is included in a funding cluster that is referred to in the following table - the amount specified in the table in relation to that funding cluster; or
(b) if the unit is included in a funding cluster that has been varied or added by the Commonwealth Grant Scheme Guidelines - the amount specified in the guidelines under item 5 in relation to that funding cluster.
Maximum amounts per place Item Funding clusters Maximum student contribution amount per place 1 Law $6,283 2 Accounting, Administration, Economics, Commerce $5,367 3 Humanities $3,768 4 Mathematics, Statistics $5,367 5 Behavioural Science, Social Studies $3,768 6 Computing, Built Environment, Health $5,367 7 Foreign Languages, Visual and Performing Arts $3,768 8 Engineering, Science, Surveying $5,367 9 Dentistry, Medicine, Veterinary Science $6,283 10 Agriculture $5,367 11 Education $3,768 12 Nursing $3,768 Note:
For the funding clusters in which particular units of study are included see the Commonwealth Grant Scheme Guidelines made for the purposes of section 33-35 of the Higher Education Support Act 2003 .
3(3)
A maximum student contribution amount per place under this item is indexed under Part 5-6 of the Higher Education Support Act 2003 as if:
(a) it was an amount referred to in the table in section 198-5 of that Act; and
(b) the first year of indexation in relation to the amount was the year 2005.
Guidelines
4(1)
The Minister may, in writing, make guidelines providing for matters:
(a) required or permitted by this Schedule to be provided; or
(b) necessary or convenient to be provided in order to carry out or give effect to this Schedule.
4(2)
Without limiting subitem (1), the guidelines may provide for:
(a) when a person is taken to have commenced a course of study; and
(b) when a person is taken to have completed the requirements of a course of study.Any such guidelines have effect, for the purposes of this Schedule, accordingly.
4(3)
The guidelines are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .
Meaning of institution
5
In this Schedule:institution
Definitions
has the same meaning as in the Higher Education Funding Act 1988 .
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .''
CCH Note 2: Act No 150 of 2003, s 3 and Sch 1 item 22A and 24, contains the following further provisions:
``Fee-waiver scholarships in the year 2004
22A(1)
The amount or value of a scholarship in respect of the year 2004 is taken not to be income for the purposes of the Social Security Act 1991 if:
(a) the scholarship is provided by an institution (within the meaning of the old Act) or by an institution or body referred to in Schedule 1 to the old Act; and
(b) the scholarship is in the form of a waiver of all of the fees (within the meaning of the old Act) that the person would be liable to pay to the institution or body in connection with a course of study (within the meaning of the old Act); and
(c) the course of study is not a designated course of study (within the meaning of Chapter 4 of the old Act).
22A(2)
Subitem (1) does not affect whether the amount or value of a scholarship in relation to which that subitem does not apply is income for the purposes of the Social Security Act 1991 .
Definitions
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .'']
View history note
Hide history noteIn this section:
Commissioner
includes a Second Commissioner of Taxation and a Deputy Commissioner of Taxation.
(a) who is or has been appointed or employed by the Commonwealth and who, because of the appointment or employment or in the course of the performance of the duties of the appointment or in the course of the employment, may acquire or has acquired confidential information;
(b) to whom powers or functions have been delegated by the Commissioner and who, because of, or in the course of the exercise of powers or the performance of functions under, the delegation, may acquire or has acquired confidential information; or
(c) who is or has been an officer of, or employed by, an institution and who, because of the office or employment or in the course of the performance of the duties of the office or in the course of the employment, may acquire or has acquired confidential information.
78(2)
A reference in this section to the acquisition by a person of confidential information is a reference to the acquisition of information in relation to the affairs of another person disclosed or obtained under or for the purposes of this Chapter.
78(3)
For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.
78(4)
An officer who, either directly or indirectly, and either while the person is, or after the person ceases to be, an officer: (a) makes a record of any information in relation to the affairs of a second person; or (b) divulges or communicates to a second person any information in relation to the affairs of a third person;
being information disclosed or obtained under or for the purposes of this Chapter and acquired by the person:
(c) because of the person ' s appointment or employment by the Commonwealth or in the course of such employment; (d) because of the delegation to the person of powers or functions by the Commissioner or in the course of the exercise of such powers or performance of such functions; or (e) because of the person ' s office in or employment by an institution or in the course of the performance of the duties of such an office or in the course of such employment;as the case may be, is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 2 years, or both.
78(4A)
Subsection (4) does not apply to the extent that the person makes the record of the information, or divulges or communicates the information, for the purposes of this Chapter or in the performance of the person ' s duties as an officer.
Note:
A defendant bears an evidential burden in relation to the matters in subsection (4A) , see subsection 13.3(3) of the Criminal Code .
78(4B)
For the purposes of an offence against subsection (4) , strict liability applies to the physical element of circumstance, that the information was disclosed or obtained under or for the purposes of this Chapter.
Note:
For strict liability, see section 6.1 of the Criminal Code .
78(5)
Except when it is necessary to do so for the purpose of carrying into effect the provisions of this Chapter, an officer shall not be required: (a) to produce in court any document made or given under or for the purposes of this Chapter; or (b) to divulge or communicate to a court a matter or thing in relation to information disclosed or obtained under or for the purposes of this Chapter;
being a document or information acquired by the person:
(c) because of the person ' s appointment or employment by the Commonwealth or in the course of such employment; (d) because of the delegation to the person of powers or functions by the Commissioner or in the course of the exercise of such powers or the performance of such functions; or (e) because of the person ' s office in or employment by an institution or in the course of the performance of the duties of such an office or in the course of such employment;as the case may be.
78(6)
Nothing in subsection (4) shall be taken to prohibit the Commissioner, or a person authorised by the Commissioner, from communicating any information to the Administrative Review Tribunal in connection with proceedings under this Act or any Act of which the Commissioner of Taxation has the general administration.
78(7)
Nothing in an Act of which the Commissioner of Taxation has the general administration shall be taken to prohibit the Commissioner, or a person authorised by the Commissioner, from communicating any information to a person performing, as an officer, duties arising under this Chapter for the purpose of enabling the person to perform those duties.
78(8)
Nothing in subsection (4) shall be taken to prohibit a person referred to in paragraph (a) or (b) of the definition of officer in subsection (1) from communicating any information to an officer of the Department for the purpose of the provision by that officer of assistance to the person in the performance of duties arising under this Chapter.
78(9)
For the purposes of subsection (4) , an officer shall be taken to have communicated information to another person in contravention of that subsection if the officer communicates the information to any Minister.
78(10)
An officer shall, if and when required by the Commissioner to do so, make an oath or declaration, in a manner and form specified by the Commissioner in writing, to maintain secrecy in accordance with the provisions of this section.
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