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COMMONWEALTHAct
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s 19-43

Support for students policy

In force

19-43 Support for students policy

Providers must have a support for students policy

(1)

A higher education provider must have a policy (a support for students policy) that deals with the support provided to the provider’s students to assist them to successfully complete the units of study in which they are enrolled.

(2)

A higher education provider’s support for students policy must:

(a)

include information on:

(i)

the provider’s processes for identifying students that are at risk of not successfully completing their units of study; and

(ii)

the supports available from or on behalf of the provider to assist students to successfully complete the units of study in which they are enrolled; and

(b)

comply with any requirements specified in the Higher Education Provider Guidelines.

(3)

Without limiting paragraph (2)(b), the requirements may relate to the following:

(a)

requirements for the higher education provider’s support for students policy to include specified information;

(b)

requirements about the presentation, format and availability of the policy.

Provider to comply with support for students policy

(4)

A higher education provider must comply with its support for students policy.

Provider must report on compliance with support for students policy

(5)

A higher education provider must give a report to the Minister about the provider’s compliance with its support for students policy.

(6)

The report must:

(a)

include the information required by the Higher Education Provider Guidelines; and

(b)

be given within the period, or at the intervals, specified in the Higher Education Provider Guidelines.

Civil penalty for non‑compliance

(7)

A higher education provider contravenes this subsection if the provider:

(a)

is subject to a requirement under this section; and

(b)

does not comply with the requirement.

Civil penalty: 60 penalty units.

7 Subparagraph 19‑45(1)(c)(i)

Omit “, paragraph 36‑13(2)(b) or subsection”, substitute “or”.

8 Paragraphs 19‑45(4)(a) and 19‑50(1)(a) and (2)(c)

Omit “, paragraph 36‑13(2)(b) or subsection”, substitute “or”.

9 Subsection 19‑60(1)

Omit “, paragraph 36‑13(2)(b), subsection”, substitute “or”.

10 Section 36‑13

Repeal the section.

11 Subsection 104‑1(1)

Omit “104‑1A,”.

12 Section 104‑1A

Repeal the section.

13 Subsection 104‑30(1)

Omit “paragraphs 104‑1A(2)(b) and”, substitute “paragraph”.

14 Section 206‑1 (table items 1AE and 1)

Repeal the items.

15 Subsection 209‑1(2) (note 1)

Omit “, paragraph 36‑13(2)(b), subsection”, substitute “or”.

16 Paragraph 238‑1(2)(a)

Omit “, paragraph 36‑13(2)(b) or subsection”, substitute “or”.

17 Subsection 238‑10(1) (table item 1)

Omit “section 36‑13;”.

18 Application of amendments

Section 19‑43 of the Higher Education Support Act 2003, as inserted by this Part, applies on and after the commencement of this item in relation to higher education providers approved under section 16‑25 of that Act, or taken to be approved under section 16‑5 of that Act, whether approved, or taken to be approved, before or after that commencement.

[Minister’s second reading speech made in—

House of Representatives on 3 August 2023

Senate on 6 September 2023]

(93/23)

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