Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-2 - COMMONWEALTH GRANT SCHEME  

Division 36 - What are the conditions of receiving a grant?  

Subdivision 36-B - Conditions relating to Commonwealth supported students  

SECTION 36-12   Advice on whether a person is a Commonwealth supported student - unreasonable study load  

36-12(1)    
A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study (the new unit ) if the sum of the following amounts is more than 2:

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

(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 unit; 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 104-1AA , in relation to the other unit of study.

36-12(2)    
Subsection (1) does not apply if the higher education provider determines that undertaking the new unit 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 units of study that have a 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.

36-12(3)    
A decision of a higher education provider under subsection (2) must be in accordance with the requirements (if any) specified in the Higher Education Provider Guidelines.

36-12(4)    
If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.