Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-1 - HIGHER EDUCATION PROVIDERS  

Division 19 - What are the quality and accountability requirements?  

Subdivision 19-D - The fairness requirements  

SECTION 19-35   Benefits and opportunities must be available equally to all students  

19-35(1)    
A higher education provider that receives assistance under this Chapter in respect of a student, or a class of students, must ensure that the benefits of, and the opportunities created by, the assistance are made equally available to all such students, or students in such class, in respect of whom that assistance is payable.

19-35(2)    

A higher education provider that receives:

(a)    any grant or allocation under this Chapter; or

(b)    any payment under section 124-1 on account of amounts of *OS-HELP assistance;

must have open, fair and transparent procedures that, in the provider ' s reasonable view, are based on merit for making decisions about the selection of students who are to benefit from the grant, allocation or payment.

19-35(3)    
Subsection (2) does not prevent a higher education provider taking into account, in making such decisions about the selection of students, educational disadvantages that a particular student has experienced.

19-35(4)    

A higher education provider that receives any payment under section 110-1 on account of amounts of *FEE-HELP assistance for a unit of study must have open, fair and transparent procedures that, in the provider ' s reasonable view, are based on merit for making decisions about:

(a)    the selection, from among the persons who seek to enrol with the provider in that unit of study, of persons to enrol; and

(b)    the treatment of students undertaking that unit of study.

19-35(5)    

Subsection (4) does not prevent a higher education provider taking into account, in making decisions mentioned in that subsection, educational disadvantages that a particular student has experienced.

19-35(5)    

A higher education provider that receives any payment under section 128D-1 on account of amounts of *STARTUP-HELP assistance for an *accelerator program course must have open, fair and transparent procedures that, in the provider ' s reasonable view, are based on merit for making decisions about:

(a)    the selection, from among the persons who seek to enrol with the provider in that accelerator program course, of persons to enrol; and

(b)    the selection of students for receipt of STARTUP-HELP assistance in relation to that accelerator program course; and

(c)    the treatment of students undertaking that accelerator program course.

19-35(6)    

Subsections (4) and (5) do not prevent a higher education provider taking into account, in making decisions mentioned in those subsections, educational disadvantages that a particular student has experienced.