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 104-4   Failure by Open Universities Australia to set tuition fees and census date  

104-4(1)    

This section applies to a unit of study access to which is provided by *Open Universities Australia during a period ascertained in accordance with the FEE-HELP Guidelines.

Tuition fees

104-4(2)    

*Open Universities Australia must determine, for the unit, one or more *fees that are to apply to students to whom Open Universities Australia provides access to the unit during the period.

104-4(2AA)    

In determining more than one *fee under subsection (2), *Open Universities Australia may have regard to any matters Open Universities Australia considers appropriate, other than matters specified in the FEE-HELP Guidelines as matters to which Open Universities Australia must not have regard.

104-4(2A)    

*Open Universities Australia must not vary a *fee unless Open Universities Australia:

(a) does so:

(i) before the date ascertained in accordance with the FEE-HELP Guidelines; and

(ii) in circumstances specified in the FEE-HELP Guidelines; or

(b) does so with the written approval of the Minister.

104-4(3)    

A fee includes any tuition, examination or other fee payable to *Open Universities Australia by those students in relation to the unit.

104-4(4)    
A fee does not include a fee:

(a) payable in respect of an organisation of students, or of students and other persons; or

(b) payable in respect of the provision to students of amenities or services that are not of an academic nature; or

(c) payable in respect of residential accommodation.

Census date

104-4(5)    

*Open Universities Australia must set a particular date to be the *census date for the unit for the period.

104-4(5A)    

*Open Universities Australia must not vary a *census date unless Open Universities Australia:

(a) does so:

(i) before the date ascertained in accordance with the FEE-HELP Guidelines; and

(ii) in circumstances specified in the FEE-HELP Guidelines; or

(b) does so with the written approval of the Minister.

Consequence of failure to set tuition fees and census date

104-4(6)    

If *Open Universities Australia does not:

(a) determine a *fee in accordance with subsection (2) for the unit for the period; or

(b) determine a *census date in accordance with subsection (5) for the unit for the period;

no student to whom Open Universities Australia provides access to the unit for that period is entitled to *FEE-HELP assistance for the unit.