Higher Education Support Act 2003

Chapter 5 - Administration

PART 5-7 - REVIEW OF DECISIONS

Division 206 - Which decisions are subject to review?

SECTION 206-1

206-1 Reviewable decisions etc.

View history reference

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1AE	(Repealed by No 89 of 2023)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.

View history note

History

S 206-1 amended by No 89 of 2023, s 3 and Sch 1 item 14, by repealing table items 1AE and 1, effective 1 January 2024. Table items 1AE and 1 formerly read:

1AE A decision that special circumstances do not apply in relation to a person paragraph 36-13(2)(b) (a) the higher education provider with whom the student is enrolled in the unit; or

(b) if the *Secretary made the decision that special circumstances do not apply - the Secretary

1 A decision that section 104-30 does not apply to a person subsection 104-1A(2) the higher education provider with whom the student is enrolled in the unit

S 206-1 amended by No 36 of 2023, s 3 and Sch 1 item 63, by inserting table items 2AAA - 2AAC, effective 29 June 2023.

S 206-1 amended by No 5 of 2023, s 3 and Sch 1 item 8, by inserting table item 1AAA, effective 15 March 2023.

S 206-1 amended by No 3 of 2023, s 3 and Sch 2 items 31 and 32, by inserting " or 144-5 " at the end of the cell at table item 2AA, column headed " Provision under which decision is made " and " or 144-10 " at the end of the cell at table item 2AB, column headed " Provision under which decision is made " , effective 21 February 2023. For application, saving and transitional provisions, see note under Div 144 heading.

S 206-1 amended by No 93 of 2020, s 3 and Sch 4B items 9 and 10, by inserting table items 1BA and 1BB and inserting " 1BA, 1BB, " in note 1, effective 1 January 2022.

S 206-1 amended by No 93 of 2020, s 3 and Sch 4 item 40A, by inserting table item 1AE, effective 1 January 2022.

S 206-1 amended by No 101 of 2020, s 3 and Sch 2 item 60, by substituting table items 6 and 7, effective 1 January 2021. Table items 6 and 7 formerly read:

6 A decision that the *HELP Tuition Protection Director is satisfied that there are one or more suitable *replacement courses for a student paragraph 166-25(1)(a) the *HELP Tuition Protection Director

7 A decision that the *HELP Tuition Protection Director is not satisfied that there is a suitable *replacement course for a student paragraph 166-25(1)(b) the HELP Tuition Protection Director

S 206-1 amended by No 93 of 2020, s 3 and Sch 4 items 32 - 34, by inserting table items 1AC, 1AD, 1C to 1 and substituting note 1, effective 1 January 2021. Note 1 formerly read:

Note 1:

The decisions referred to in items 1A, 1B, 1 and 2 of the table are made by a higher education provider on the Secretary ' s behalf.

S 206-1 amended by No 111 of 2019, s 3 and Sch 2 item 19, by inserting table items 5-7, effective 1 January 2020. For application and transitional provisions, see note under s 16-25 .

S 206-1 amended by No 103 of 2019, s 3 and Sch 2 item 12, by inserting table items 2AA and 2AB, effective 1 January 2020.

S 206-1 amended by No 76 of 2018, s 3 and Sch 3 items 67 - 70, by inserting table item 1B after table item 1A, substituting " *HELP balance " for " *FEE-HELP balance " at table item 2, column headed " Decision " , " *HELP balance " for " *FEE-HELP balance " at table item 2A, column headed " Decision " and inserting " , 1B " after " 1A " in Note 1, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 206-1 amended by No 55 of 2016, s 3 and Sch 3 item 13, by repealing table item 4A, effective 1 July 2017. For application and saving provision, see note under Div 157 heading. Table item 4A formerly read:

4A A determination section 157-20 the *Commissioner

S 206-1 amended by No 74 of 2011, s 3 and Sch 2 item 20, by repealing table item 5, effective 29 January 2012. Table item 5 formerly read:

5 A decision under Division 225 (other than section 225-25), in relation to an external Territory Division 225 (other than section 225-25) the Minister

S 206-1 amended by No 104 of 2011, s 3 and Sch 2 item 22, by substituting table item 1A for table items 1A and 1, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 3-10 . Table items 1A and 1 formerly read:

1A A decision that section 36-22 does not apply to a person section 36-22 (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

1 Refusal to re-credit some or all of a person ' s *student learning entitlement for a unit of study section 79-1 (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

S 206-1 amended by No 72 of 2011, s 3 and Sch 1 item 18, by inserting table items 1AA and 1AB, effective 30 June 2011.

S 206-1 amended by No 43 of 2008, s 3 and Sch 1 item 14, by inserting table item 4A, applicable in respect of the 2008-2009 and later income years.

S 206-1 amended by No 72 of 2007, s 3 and Sch 1 item 24, by substituting table item 5 for table items 5 to 10, effective 31 December 2007. Table items 5 to 10 formerly read:

5 ... Refusal to approve a person as a self-accrediting entity in relation to an external Territory ... section 225-5 ... the Minister

6 ... Refusal to accredit a *course of study in relation to an external Territory ... section 225-10 ... the Minister

7 ... Amendment of an approval as a self-accrediting entity in relation to an external Territory ... subsection 225-20(1) ... the Minister

8 ... Revocation of an approval as a self-accrediting entity in relation to an external Territory ... subsection 225-20(1) ... the Minister

9 ... Amendment of an accreditation of a *course of study, in relation to an external Territory ... subsection 225-20(2) ... the Minister

10 ... Revocation of an accreditation of a *course of study, in relation to an external Territory ... subsection 225-20(2) ... the Minister

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1AE	A decision that special circumstances do not apply in relation to a person	paragraph 36-13(2)(b)	(a)	the higher education provider with whom the student is enrolled in the unit; or
			(b)	if the *Secretary made the decision that special circumstances do not apply - the Secretary
1	A decision that section 104-30 does not apply to a person	subsection 104-1A(2)	the higher education provider with whom the student is enrolled in the unit

6	A decision that the HELP Tuition Protection Director is satisfied that there are one or more suitable replacement courses for a student	paragraph 166-25(1)(a)	the *HELP Tuition Protection Director
7	A decision that the HELP Tuition Protection Director is not satisfied that there is a suitable replacement course for a student	paragraph 166-25(1)(b)	the HELP Tuition Protection Director

1A	A decision that section 36-22 does not apply to a person	section 36-22	(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
1	Refusal to re-credit some or all of a person ' s *student learning entitlement for a unit of study	section 79-1	(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