Higher Education Support Act 2003

Chapter 3 - Assistance to students

PART 3-1 - STUDENT LEARNING ENTITLEMENT

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Division 82 - Unit of study covered by a person ' s Student Learning Entitlement

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SECTION 82-5 Unit of study covered by a person ' s Student Learning Entitlement - person ' s SLE amount exceeded at enrolment

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82-5(1)
This section applies if:

(a) the person enrolled in unit of study (the relevant unit) as a part of a *course of study with a higher education provider (the relevant provider ); and

(b) at the time of that enrolment (the enrolment time ), the person had also enrolled in one or more other units of study as a part of that course, or as a part of another course of study, with the relevant provider or with another higher education provider; and

(c) those other units have *census dates that will occur after the enrolment time; and

(d) the person is a *Commonwealth supported student in relation to each of those other units; and

(e) the sum of the following exceeds the person ' s *SLE amount as at the enrolment time:

(i) the *EFTSL value of the relevant unit;

(ii) the sum of the EFTSL values of each of those other units.

82-5(2)
The relevant unit is covered by a person ' s Student Learning Entitlement if:

(a) the person notifies an *appropriate officer of the relevant provider that the person does not wish to be a *Commonwealth supported student in relation to one or more of those other units of study (the excluded units ); and

(b) the sum of the following does not exceed the person ' s *SLE amount as at the enrolment time:

(i) the *EFTSL value of the relevant unit;

(ii) the sum of the EFTSL values of each of those other units that are not excluded units; and

(c) if:

(i) the person ' s SLE amount as at that time includes an amount of *additional SLE in relation to a particular course of study; and

(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person ' s SLE amount as at that time;

the person enrolled in the relevant unit as a part of that particular course of study.

82-5(3)
A notice under paragraph (2)(a) must be given:

(a) in writing; and

(b) on or before the *census date for the relevant unit.

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History

S 82-5 inserted by No 93 of 2020, s 3 and Sch 4B item 6, applicable in relation to a unit of study that has a census date that is on or after 1 January 2022 (whether the unit of study is part of a course of study commenced before, on or after that day).

Former s 82-5 repealed by No 104 of 2011, s 3 and Sch 2 item 14, 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 . S 82-5 formerly read:

SECTION 82-5 Availability of a person's SLE
82-5
The amount of a person's *SLE that is available to the person at a particular time is the difference between:

(a) the amount of the person's SLE at that time; and

(b) the sum of the *EFTSL values of all of the units of study (if any) in which the person is enrolled, each of which is a unit of study:

(i) the *census date for which will occur later than that time; and

(ii) that was *covered by the person's SLE at the time of enrolment; and

(iii) in relation to which the person is a *Commonwealth supported student.

Example:

Assume that Alan has an SLE of 0.75 EFTSL on a day on which he enrols as a Commonwealth supported student in 2 units of study with one higher education provider (total EFTSL value of 0.25 EFTSL), and in 3 units of study with another higher education provider (total EFTSL value of 0.38 EFTSL). Assume further that the census dates for all of the units are later days.

The amount of SLE that is available to Alan following the enrolments is:

0.75 EFTSL − (0.25 EFTSL + 0.38 EFTSL) = 0.12 EFTSL

Note that Alan still has an SLE of 0.75 EFTSL, which is unaffected until the first of the census dates for the units. However, only 0.12 EFTSL can be applied to further enrolments.

If Alan wanted to enrol in another unit of study with an EFTSL value of 0.125, the unit would not be covered by the person's SLE.

Alan could not be a Commonwealth supported student in relation to the other unit unless, before the census date for one of the units (with an EFTSL value of at least 0.05) in which he is enrolled, he:

(a) provides written advice to the higher education provider in question that he did not wish to be a Commonwealth supported student in relation to the unit; or

(b) discontinues his enrolment in the unit.

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