Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Act 2023

Overview

The Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Act 2023, assented to on 6 November 2023, amends the Higher Education Support Act 2003 to respond to the interim report of the Australian Universities Accord. This legislation was enacted by the Parliament of Australia to address gaps identified in the support and funding structures for higher education, particularly in relation to Indigenous students and broader student success strategies. The primary policy objective is to enhance support for students to successfully complete their studies, which is achieved by requiring higher education providers to implement and adhere to a support for students policy. Sections of the Act that relate to Indigenous students, such as specific definitions and areas of support, were repealed, reflecting a shift towards more inclusive and general student support frameworks. On the other hand, new provisions mandate that higher education providers must establish a support for students policy to assist students in completing their enrolled units of study. This policy must be reported to the Minister and non-compliance carries a civil penalty of 60 penalty units. The amendments concerning student support take effect from 1 January 2024, ensuring that higher education providers have adequate time to implement the new requirements.

Scope and Application

The Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Act 2023 is a piece of Commonwealth legislation that amends the Higher Education Support Act 2003. The Act applies to higher education providers in Australia, which are entities approved or deemed approved under the Higher Education Support Act 2003. It primarily affects these providers by introducing new requirements and repealing existing ones concerning support for students. Specifically, the Act mandates that higher education providers develop a support for students policy detailing the processes and supports in place to assist students in successfully completing their studies. This policy must comply with any requirements specified in the Higher Education Provider Guidelines and must be adhered to by the providers. Non-compliance with this requirement can result in a civil penalty of 60 penalty units. The amendments introduced by Part 1 of Schedule 1 apply to funding agreements entered into and grants payable for the 2024 calendar year and later. The provisions of Part 2 of Schedule 1, including the new support for students policy requirement, apply to higher education providers approved or deemed approved on and after the commencement of this item. This Act does not specify any exclusions, exemptions, or thresholds for its application, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Act 2023 (Act) amends the Higher Education Support Act 2003 (HES Act). The Act introduces several significant changes to support Indigenous students and ensure students' successful completion of their studies. Section 19-43 of the HES Act is amended to mandate that higher education providers must establish and adhere to a support for students policy. This policy must outline the procedures for identifying students at risk of not completing their studies and the available supports to assist these students (s 19-43(2)(a)). Additionally, the policy must comply with any specified requirements in the Higher Education Provider Guidelines, which may include stipulations on the information to be included, presentation, format, and availability of the policy (s 19-43(2)(b)). Furthermore, higher education providers must submit a report to the Minister detailing their compliance with the support for students policy, including the information required by the Higher Education Provider Guidelines, within the specified timeframes (s 19-43(5)). The Act imposes several obligations on higher education providers. Firstly, they must develop a support for students policy that identifies students at risk of not completing their units of study and details the supports available to assist these students (s 19-43(2)(a)). The policy must also comply with any requirements in the Higher Education Provider Guidelines, including those related to information inclusion, presentation, format, and availability (s 19-43(2)(b)). Secondly, providers must comply with their own support for students policy (s 19-43(4)). Lastly, they are required to report to the Minister on their compliance with the policy, including the information required by the Higher Education Provider Guidelines, and submit this report within the specified timeframes (s 19-43(5)). Failure to comply with any requirement under section 19-43 is a contravention of the Act and attracts a civil penalty of 60 penalty units (s 19-43(7)). The Act also includes provisions for penalties and consequences for breaches of its requirements. A higher education provider contravenes the Act if it is subject to a requirement under section 19-43 and fails to comply with that requirement. Such a contravention is subject to a civil penalty of 60 penalty units (s 19-43(7)). The Act specifies that a penalty unit is equal to $222 as of 1 July 2023, resulting in a maximum penalty of $13,320 for each contravention. Additionally, the Act repeals certain sections and subsections of the HES Act and amends others to ensure alignment with the new support for students policy requirements.