Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-3 - FEE-HELP ASSISTANCE  

Division 104 - Who is entitled to FEE-HELP assistance?  

Subdivision 104-A - Basic rules  

SECTION 104-1AA   Student has unreasonable study load  

104-1AA(1)    
A student is not entitled to *FEE-HELP assistance for a unit of study (the new unit ) provided, or to be provided, by a higher education provider 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 36-12 , in relation to the other unit of study.

104-1AA(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.

104-1AA(3)    
A decision of a higher education provider under subsection (2) must be in accordance with the Higher Education Provider Guidelines.

104-1AA(4)    
If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.