Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020 (93 of 2020)

Schedule 4   Student protection

Part 1   Amendments commencing 1 January 2021

Division 1   Amendments

Higher Education Support Act 2003

14   After section 36-10

Insert:

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

(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.

(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.

(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.

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