Higher Education Support Act 2003: Provider Approval, HELP and TEQSA Obligations

Provider approval categories

The Higher Education Support Act 2003 (HESA) establishes categories for provider approval, determining eligibility for Commonwealth funding and student loans. Approved Table A providers consist of the 37 Australian public universities detailed in HESA's Table A. Approved Table B providers comprise the 3 self-accrediting non-government universities – Bond, Notre Dame Australia, and Torrens – listed in HESA’s Table B. Age Discrimination Act 2004: overview

Beyond these categories, HESA allows for approval of non-university higher education providers, specifically those authorised to offer FEE-HELP. This broader approval pathway enables a wider range of institutions to participate in the Australian higher education system and access government support.

Provider approval is not indefinite. It can be revoked under Division 22 of HESA, particularly if providers fail to maintain the required standards of quality and accountability.

HECS-HELP and FEE-HELP obligations

HECS-HELP and FEE-HELP provide financial assistance to eligible students. HECS-HELP supports Commonwealth Supported Place (CSP) students at Table A and B providers, while FEE-HELP supports students at approved fee-paying providers. Providers are responsible for determining and reporting student status, which includes verifying citizenship and tax file number requirements, by published census dates. National Employment Standards: 11 entitlements deep dive

Providers have obligations relating to student withdrawals. They must re-credit a student's HELP balance if a student withdraws by the census date or in ‘special circumstances’ as defined under section 36-20 of HESA. Providers must also publish administrative information for prospective and current students, including details about HELP fees, census dates, withdrawal policies, and refund arrangements.

Recent legislative reforms, effective from 2023-24, have altered the indexation of HELP debts. Indexation is now based on the lower of the Consumer Price Index or the Wage Price Index, with backdated relief applied from 1 June 2023.

Quality and accountability under TEQSA

The Tertiary Education Quality and Standards Agency (TEQSA), established under the TEQSA Act 2011, is the national regulator for higher education. All higher education providers, including those approved by the Higher Education Standards Authority (HESA), must be registered by TEQSA and meet the Higher Education Standards Framework (Threshold Standards) 2021. This framework outlines the standards providers must adhere to in order to maintain registration. Australian Human Rights Commission Act 1986: process

HESA-approved providers are also subject to ‘quality and accountability requirements’ outlined in Division 19. These requirements cover areas such as financial viability, compliance, fairness and academic governance. Providers are obligated to work with both HESA and TEQSA should either agency undertake compliance investigations, and to supply any requested information.

Failure to meet the required quality standards can have serious consequences. TEQSA may impose conditions on a provider’s registration, apply sanctions, suspend registration, or cancel it entirely. HESA may also revoke an approved provider’s approval as a result of failing to meet quality requirements.

Tuition Protection Service obligations

The Tuition Protection Service (TPS) operates under the Higher Education Support Act 2003 (HESA) and provides protection for students if a provider ceases to offer a course in which they are enrolled. Students impacted by such a situation may be placed in an equivalent course at another provider, or have their HELP balance re-credited. Sex Discrimination Act 1984: overview

Providers are required to contribute annual TPS levies. These levies consist of a base fee and risk-rated components. The TPS is overseen by the Higher Education Tuition Protection Director and supported by the Tuition Protection Fund Advisory Board.

Providers have reporting obligations to the TPS Director. These obligations require reporting on provider events, including default, course cessation, or insolvency, as outlined in Part 5-1A of HESA.