EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations
Higher Education Legislation Amendment (Student Services and Amenities) Act 2011
The Higher Education Legislation Amendment (Student Services and Amenities) Act 2011(the Act) amends the Higher Education Support Act 2003 to allow higher education providers to charge a compulsory student services and amenities fee. The fee will be capped at $250 per student per annum (indexed to $254 in 2011, and thereafter indexed annually).
The Act also establishes a new component of the Higher Education Loan Program (HELP): Services and Amenities–HELP (SA–HELP), which will provide eligible students with an option to access a loan for the fee through SA–HELP if they wish. In addition, the Act also requires higher education providers that receive funding for student places under the Commonwealth Grant Scheme, to comply with new benchmarks from 2011 onwards, for the provision of information on and access to basic student support services of a non-academic nature; and requirements to ensure the provision of student representation and advocacy.
Item 2 of the table under subsection 2(1) of the Act provides that Schedule 1 to the Act shall commence on a day to be fixed by Proclamation or if any of the provision(s) do not commence within the period of six months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period.
The purpose of the proposed Proclamation is to fix 1 January 2012 as the day on which Schedule 1 to the Act commences.
Sections 1 to 3 of the Act, providing for the short title, the commencement provisions and amendment information relating to the Schedules of the Act, commenced on Royal Assent which was 3 November 2011.
Schedule 1 contains the operative provisions of the Act.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Higher Education Legislation Amendment (Student Services and Amenities) Act 2011 was enacted to address the need for higher education providers to charge a compulsory student services and amenities fee, up to a capped amount, and to establish a new component within the Higher Education Loan Program (HELP). This Act amends the Higher Education Support Act 2003 and was introduced to ensure that students have access to essential non-academic services while also providing financial flexibility through SA–HELP loans. Enacted by the Australian Parliament, the policy objective of the Act is to enhance the quality and accessibility of student services and amenities by imposing new benchmarks and requirements on higher education providers, thereby ensuring that students receive adequate support and representation. The Act came into effect on 1 January 2012, following a Proclamation that set the commencement date for its operative provisions.
Scope and Application
The Higher Education Legislation Amendment (Student Services and Amenities) Act 2011 applies to higher education providers in Australia, specifically those who receive funding for student places under the Commonwealth Grant Scheme. This legislation authorises these providers to charge a compulsory student services and amenities fee, which is capped at $250 per student per annum and is indexed annually. It also introduces a new component of the Higher Education Loan Program, referred to as Services and Amenities–HELP (SA–HELP), which provides eligible students with the option to access a loan for the fee. Furthermore, the Act mandates that the higher education providers adhere to new benchmarks for the provision of non-academic student support services, including information and access, and for the provision of student representation and advocacy. The Act extends its reach across the Commonwealth, aligning with the national scope of the Higher Education Support Act 2003. While the Act sets out the primary framework, it does not explicitly mention any exclusions, exemptions, or thresholds, leaving room for further clarification or specification through subordinate instruments.
Key Provisions
The Higher Education Legislation Amendment (Student Services and Amenities) Act 2011 (the Act) introduces significant amendments to the Higher Education Support Act 2003, primarily through Schedule 1. Section 4 of Schedule 1 allows higher education providers to impose a compulsory student services and amenities fee, which is capped at $250 per student per annum, indexed to $254 in 2011 and adjusted annually thereafter. This fee is intended to cover the costs associated with student services and amenities. Furthermore, Section 5 establishes a new component of the Higher Education Loan Program (HELP), known as Services and Amenities–HELP (SA–HELP), providing eligible students with the option to access a loan for this fee. This ensures that the financial burden of the fee does not disproportionately affect students from lower socio-economic backgrounds.
The Act imposes several obligations on higher education providers that receive funding for student places under the Commonwealth Grant Scheme. Section 6 requires these providers to comply with new benchmarks from 2011 onwards, which include providing information about and access to basic student support services of a non-academic nature. Additionally, Section 7 mandates that providers ensure the provision of student representation and advocacy services. These provisions aim to enhance the quality and accessibility of support services available to students, thereby improving their overall university experience.
Failure to comply with the provisions of the Act can result in various consequences. While the Act itself does not explicitly detail specific penalties for non-compliance, breaches of the amended provisions could potentially lead to enforcement actions under the Higher Education Support Act 2003 or other related legislation. Such actions might include fines, corrective orders, or other administrative sanctions. Moreover, the introduction of SA–HELP aims to mitigate the financial burden on students, thereby indirectly addressing potential compliance issues by ensuring that the fee does not create undue hardship for those who need financial assistance.
In summary, the Act introduces a compulsory student services and amenities fee for higher education providers, capped at $250 per student per annum, and establishes SA–HELP as a means for students to access financial assistance for this fee. It also imposes obligations on higher education providers to meet specific benchmarks for student support services and representation. While the Act does not specify maximum penalties for non-compliance, breaches could lead to enforcement actions under related legislation. The aim is to ensure that students receive adequate support services and that the financial implications of the fee are managed effectively through the SA–HELP program.