Higher Education Support Act 2003
The table sets out: (a) the reviewable decisions under this Act; and (b) the decision maker, for the purposes of this Division, in respect of each of those decisions.
Reviewable decisions | ||||
Item | Decision | Provision under which decision is made | Decision maker | |
1AA | A decision to impose a condition on the approval of a higher education provider | subsection 16-60(1) | the Minister | |
1AAA | If a person applies for a grant for the purposes specified in item 14 of the table in subsection 41-10(1) and the grant is not approved - the decision not to approve the grant | section 41-20 | the Minister | |
1AB | A decision to vary a condition imposed on the approval of a higher education provider | subsection 16-60(2) | the Minister | |
1AC | A decision that a person is not a genuine student in relation to a unit of study | subsection 36-5(5) | the *Secretary | |
1AD | A decision that undertaking a unit of study will impose an unreasonable study load on a student | subsection 36-12(2) | (a) | the higher education provider with whom the student is enrolled in the unit; or |
(b) | if the *Secretary made the decision - the Secretary | |||
1AE | (Repealed by No 89 of 2023) | |||
1A | A decision that section 36-20 does not apply to a person | section 36-20 | (a) | the higher education provider with whom the student is enrolled in the unit; or |
(b) | if the *Secretary made the decision that the section does not apply - the Secretary | |||
1BA | Refusal to re-credit a person ' s *SLE amount with an amount equal to the *EFTSL value of a unit of study | subsection 79-1(1) | (a) | the higher education provider with whom the student is enrolled in the unit; or |
(b) | if the *Secretary made the decision to refuse the re-crediting - the Secretary | |||
1BB | Refusal to re-credit one or more of the amounts referred to in paragraphs 79-1(2)(a) , (b) and (c) to take account of a re-credit of a person ' s *SLE amount under subsection 79-1(1) | subsection 79-1(2) | (a) | the higher education provider with whom the student is enrolled in the unit; or |
(b) | if the *Secretary made the decision to refuse the re-crediting - the Secretary | |||
1B | Refusal to re-credit a person ' s *HELP balance | subsection 97-25(2) | (a) | the higher education provider with whom the student is enrolled in the unit; or |
(b) | if the *Secretary made the decision to refuse the re-crediting - the Secretary | |||
1C | Refusal to re-credit a person ' s *HELP balance | subsection 97-45(1) | (a) | the higher education provider with whom the student is enrolled in the unit; or |
(b) | if the *Secretary made the decision - the Secretary | |||
1D | Refusal to re-credit a person ' s *HELP balance | subsection 97-50(1) | (a) | the higher education provider with whom the student is enrolled in the unit; or |
(b) | if the *Secretary made the decision - the Secretary | |||
1E | A decision that a student is not a genuine student in relation to a unit of study | subsection 104-1(1AA) | the *Secretary | |
1F | A decision that undertaking a unit of study will impose an unreasonable study load on a student | subsection 104-1AA(2) | (a) | the higher education provider with whom the student is enrolled in the unit; or |
(b) | if the *Secretary made the decision - the Secretary | |||
1 | (Repealed by No 89 of 2023) | |||
2 | Refusal to re-credit a person ' s *HELP balance | subsection 104-25(1) | (a) | the higher education provider with whom the student is enrolled in the unit; or |
(b) | if the *Secretary made the decision to refuse the re-crediting-the Secretary | |||
2A | Refusal to re-credit a person ' s *HELP balance | subsection 104-25(2) | (a) | *Open Universities Australia; or |
(b) | if the *Secretary made the decision to refuse the re-crediting-the Secretary | |||
2AAA | A decision that a student is not a genuine student in relation to an *accelerator program course | section 128B-10 | the *Secretary | |
2AAB | A decision that undertaking an *accelerator program course will impose an unreasonable study load on a student | subsection 128B-15(2) | (a) | the higher education provider with whom the student is enrolled in the accelerator program course; or |
(b) | if the *Secretary made the decision - the Secretary | |||
2AAC | A decision that section 128E-1 does not apply to a person | subsection 128E-1(1) | (a) | the higher education provider with whom the student is enrolled in the *accelerator program course; or |
(b) | if the *Secretary made the decision that the section does not apply - the Secretary | |||
2AA | A decision that the indexation of a person ' s *accumulated HELP debt is not to be reduced, or is to be reduced in respect of a particular number of days | section 142-10 or 144-5 | the *Secretary | |
2AB | A decision that a person ' s accumulated HELP debt is not to be reduced, or is to be reduced by a particular amount | section 142-15 or 144-10 | the *Secretary | |
3 | Deferral of making an assessment or refusal to defer the making of an assessment | section 154-45 | the *Commissioner | |
4 | Amending the assessment or refusal to amend an assessment | section 154-50 | the *Commissioner | |
4A | (Repealed by No 55 of 2016) | |||
5 | A determination that Part 5-1A applies, or does not apply, to a specified higher education provider | subsection 166-5(2) | the Minister | |
6 | A decision that the *Higher Education Tuition Protection Director is satisfied that there are one or more suitable *replacement courses for a student | paragraph 166-26B(2)(a) | the Higher Education Tuition Protection Director | |
7 | A decision that the *Higher Education Tuition Protection Director is not satisfied that there is a suitable *replacement course for a student | paragraph 166-26B(2)(b) | the Higher Education Tuition Protection Director | |
8 - 10 | (Repealed by No 72 of 2007) |
Note 1:
The decisions referred to in items 1A, 1BA, 1BB, 1B, 1C, 1D and 2 of the table are made by a higher education provider on the Secretary ' s behalf.
Note 2:
The decisions referred to in item 2A of the table are made by Open Universities Australia on the Secretary ' s behalf.
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