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Assessing students as genuine
Provider requirements
A student is not entitled to Commonwealth assistance for a unit of study if the Secretary of the department determines that the student is a not a genuine student in relation to the unit of study [HESA subsection 36‑5(5) and subsection 104‑1(1AA)].
If the Secretary is satisfied that a student is not a genuine student, a provider must re‑credit the student’s HELP balance with an amount equal to the HELP assistance that the student received for the unit of study concerned [HESA subsection 97-50 and subsection 104-43(1)].
If a provider believes a student is not a genuine student, they should provide this information to the department to assist the Secretary in making a determination for the student.
The department may also request information from a provider in order to make a determination in the relation to a student.
Assessment Criteria
The following criteria may be used when making an assessment of whether a student is or is not a genuine student [HEP Guidelines Chapter 9]:
- whether the student is reasonably engaged in the course
- whether the student has been provided with information about the requirements for the course, and the cost and duration of the course
- whether the student has satisfied course requirements for the course or participated in assessment activities for the course
- if the course is an online course, the number of times a student has logged on
- whether the student has provided up-to-date contact details that would allow the department to verify their enrolment
- if the student is enrolled in another course, whether their concurrent enrolments would make successful completion of a course by the student impossible or highly improbable.
Assessing students as academically suitable
Provider Requirements
Before enrolling a student in a unit of study, a provider must assess the student as academically suited to undertake the unit concerned [HESA subsection 19-42(1)]. This assessment must comply with the requirements of the HEP Guidelines [HESA subsection 19-42(2)].
A student is not entitled to Commonwealth assistance for a unit of study if they have not been assessed as academically suited for their study [HESA paragraph 36-10(1)(ba) and paragraph 104-1(1)(ac)].
Record keeping requirements
A provider must keep a record of the assessment of a student’s academic suitability [HESA subsection 19-72(1)].
In relation to assessments of academic suitability:
- a provider must keep records relating to how the provider assessed the student as academically suited to undertake a unit of study before they enrolled the student in the unit
- the records must be kept in a manner so that they can be readily produced in response to a request, such as from a student or the department; and
- the records must be kept for a period of seven years, starting from when the record was made by the provider [HEP Guidelines paragraph 8.6]
Completion rate requirements
CSP, HECS-HELP and FEE-HELP eligibility
To be eligible for a Commonwealth supported place and therefore, HECS‑HELP [part 20], completion rate requirements may apply to a student in relation to a unit of study if:
- the student enrolled in the course of study on or after 1 January 2022, and
- the unit of study has a census date that occurs on or after 1 January 2022
A higher education provider must not advise a student that they are a Commonwealth supported student if they have not successfully completed at least 50 per cent of:
- eight or more units of study already undertaken as part of a course of study at bachelor level or higher; or
- four or more units of study undertaken as part of a course of study.
This means that where the number of units undertaken by a student that were not successfully completed exceed 50 per cent of the total number of units undertaken by the student, the provider is prohibited from advising the student that they are a Commonwealth supported student.
Equally, a student has satisfied the completion rate requirements and remains eligible for Commonwealth assistance where that student has successfully completed at least 50 per cent of their units undertaken.
Similar completion rate requirements have applied to students studying at providers approved by the Minister to offer FEE-HELP under HESA section 16-25 (non-university higher education providers) since 1 January 2018 (HESA section 104-1A).
Policy interpretation
In order to assist providers in applying the completion rate requirements, guidance on interpreting the concepts of ‘undertaken’, ‘not successfully completed’ and ‘successfully completed’ are presented below.
However, it should be noted that these terms are not defined under HESA.
Undertaken
A student has undertaken a unit of study if:
- the student has passed, failed, or otherwise received a completed status for that unit of study
- the student has withdrawn after the census date (regardless of whether this withdrawal was with or without academic penalty)
- the student has completed the requirements of the unit but has not yet received a grade for the unit.
A student has not already undertaken a unit of study if:
- the student withdrew before the census date
- the student has not completed the requirements of the unit.
Not successfully completed
If a student has received a failed grade, or withdrew from the unit after the census date, this would not satisfy a provider’s requirements for successful completion, and the unit should be counted as a unit the student has not successfully completed.
Successfully completed
In determining whether a student has successfully completed a unit of study providers should have regard to requirements that they have set to determine a successful or other completion of a unit.
If a student has satisfied the completion requirements of the unit as set by the provider and received a ‘successful’ result as determined by the provider, this unit should count as being successfully completed.
Units undertaken but neither ‘successfully completed’ nor ‘not successfully completed’
If a student has completed the requirements of the unit but has not yet received a grade for the unit, this unit should be counted as an undertaken unit, but cannot be considered to be either ‘successfully completed’ or ‘not successfully completed’.
If a student has not successfully completed a unit, but the student’s provider is satisfied the student experienced special circumstances while studying that unit, that unit should be disregarded from the count of units ‘not successfully completed’ (HESA subsection 36-13(2)).
Special circumstances
For the purposes of the completion rate requirements for students accessing FEE-HELP, providers should refer to the special circumstances guidance in Appendix J.
For the purposes of the completion rate requirements for students undertaking study in a Commonwealth supported place, providers should refer to the special circumstances procedures below.
Special circumstances apply to a unit of a study in relation to the student’s completion rate only if the higher education provider is satisfied that circumstances apply in relation to the student that:
- are beyond the student’s control; and [HESA paragraph 36-13(3)(a)]
- do not make their full impact on the student until on or after the census date for the unit of study; and [HESA paragraph 36-13(3)(b)]
- make it impracticable for the student to complete the requirements for the unit during the period during which the student undertook, or was to undertake, the unit [HESA paragraph 36-13(3)(c)].
A higher education provider will be satisfied that it was impracticable for the student to complete the requirements for the unit if the provider is satisfied that any of the following circumstances apply in relation to a student:
- the student’s medical condition changed or worsened to such an extent that the student was unable to complete the requirements for the unit;
- a member of the student’s family died, and it is unreasonable to expect the student to have completed the requirements for the unit;
- a member of the student’s family had a serious medical condition, and it is unreasonable to expect the student to have completed the requirements for the unit;
- financial difficulties experienced by the student, or a member of the student’s family, are such that it is unreasonable to expect the student to have completed the requirements for the unit;
- the student’s employment status or arrangements changed such that the student was unable to complete the requirements for the unit;
- changes made in relation to the unit by the provider, or another higher education provider, disadvantaged the student;
- it is unreasonable to expect the student to have completed the requirements for the unit because of a natural disaster, or other emergency, that occurred in Australia;
- any other circumstances that the provider considers relevant;
- any other circumstances that may be specified in the Administration Guidelines 2012 [HESA subsection 36-13(5)]
Unlike other special circumstances applications in HESA, there is no specified timeframe within which a provider is required to consider whether special circumstances apply to a student for the purposes of HESA section 36-13.
It is open to higher education providers to create their own administrative arrangements to assess special circumstances regarding completion rate requirements. If providers put in place such arrangements, they should get their own legal advice about the legality of those arrangements including the timeframe they set out.
A decision that special circumstances do not apply in relation to a person in relation to the completion rate requirements is a reviewable decision [HESA section 206-1, table item 1AE].
Failure to satisfy the completion rate requirement
A student who fails to satisfy the completion rate requirements can:
- continue their course in a domestic full fee paying place. If the student pays upfront and increases their completion rate to 50 per cent or higher, they will once again be eligible for Commonwealth assistance for that course.
- transfer to a new course. If a student with a low completion rate transfers to a different course their previous completion rate will not carry over, i.e., they will be able to access Commonwealth assistance for their new course.
- Depending on the content of their new course and the policies of their provider, the student may also be able to credit some (or all) the units they passed in their previous course towards their new course.
- apply to their provider for consideration for one or more of their non-completed units so those units are excluded from their non- completion rate. The student will need to demonstrate special circumstances applied to them for their application to be successful.
Completion rate examples
Scenario A
Maria enrolled her Bachelor level course of study on 1 January 2021. In 2022, Maria continues her course, and fails all eight units of study she attempts.
In this scenario, the completion rate requirements do not apply to Maria, as Maria enrolled in her course of study in 2021.
Scenario B
Chris commences a Bachelor of Education course of study on 1 January 2022 and is credited Recognised Prior Learning (RPL) in that course for 4 units of study Chris completed and passed in 2020.
In 2022 semester one Chris completes four units of study and fails all the units.
In a winter intensive unit of study in 2022, Chris completes the unit and receives a fail grade.
Chris is seeking to enrol in four units of study semester two 2022.
In this scenario, for the purposes of the completion rate requirements Chris has only ‘already undertaken’ five units of study in the course of study, being the units Chris completed in semester one 2022 and the winter intensive unit in 2022.
The RPL units of study are excluded from the count, as these units of study have census dates prior to 1 January 2022.
Scenario C
In 2022, Alex undertook nine units of study within a course as a Commonwealth supported student. Alex enrolled in further units in 2023.
On the census date for his 2023 units, Alex has received the following results:
- Alex passed four units (units A, B, C and D)
- Alex failed four units (units E, F, G and H)
- Alex completed one unit, but does not yet know the results (unit I).
As Alex does not know the grade for unit I, this unit should be counted as undertaken but cannot be considered to be ‘successfully completed’ nor ‘not successfully completed’.
Alex has undertaken nine units. As Alex has not ’not successfully completed’ greater than 50 per cent of these units, Alex remains eligible for Commonwealth assistance.
If Alex is notified that they failed unit I after Alex’s first census date in 2023 (i.e., found out that they did ‘not successfully complete’ greater than 50 per cent of their undertaken units), this does not affect Alex’s eligibility on a prior census date.