Chapter 2
-
Grants for higher education assistance etc
History
Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part
2-4
of the
Higher Education Support Act 2003
in respect of the year 2008 or a later year. The heading formerly read:
Chapter 2
-
Grants for higher education assistance
PART 2-1
-
HIGHER EDUCATION
PROVIDERS
Division 19
-
What are the quality and accountability requirements?
Subdivision 19-D
-
The fairness requirements
SECTION 19-45
Student grievance and review procedures
Must have grievance and review procedures
19-45(1)
A higher education provider must have:
(a)
a grievance procedure for dealing with complaints by the provider
'
s students, and persons who seek to enrol in *courses of study or *accelerator program courses with the provider, relating to non-academic matters; and
(b)
a grievance procedure for dealing with complaints by the provider
'
s students relating to academic matters; and
(c)
a review procedure for dealing with review of decisions made by the provider:
(i)
under subsection
36-12(2)
or
36-20(1)
; or
(ii)
relating to assistance under Chapter
3
.
Note:
Part
5-7
also deals with reconsideration and review of decisions.
History
S 19-45(1) amended by No 89 of 2023, s 3 and Sch 1 item 7, by substituting
"
or
"
for
"
, paragraph 36-13(2)(b) or subsection
"
in para (c)(i), effective 1 January 2024.
S 19-45(1) amended by No 36 of 2023, s 3 and Sch 1 item 15, by inserting
"
or *accelerator program courses
"
in para (a), effective 29 June 2023.
S 19-45(1) amended by No 93 of 2020, s 3 and Sch 4 item 39A, by substituting para (c)(i), effective 1 January 2022. Para (c)(i) formerly read:
(i)
under subsection 36-12(2) or 36-20(1); or
S 19-45(1) amended by No 93 of 2020, s 3 and Sch 4 item 3, by substituting para (c)(i), effective 1 January 2021. Para (c)(i) formerly read:
(i)
under section 36-20; or
S 19-45(1) amended by No 104 of 2011, s 3 and Sch 2 item 2, by substituting
"
36-20
"
for
"
36-22
"
in para (c)(i), applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
.
No 104 of 2011, s 3 and Sch 2 item 39 contains the following saving provisions:
39 Saving
-
review procedures and appointments of review officers
(1)
A review procedure referred to in paragraph
19-45(1)(c)
of the old Act that was in force immediately before commencement, so far as it relates to review of decisions made under section
36-22
of the old Act, has effect on and after commencement as if it also related to decisions made under section
36-20
of the new Act.
(2)
An appointment referred to in subsection
19-50(1)
of the old Act that was in force immediately before commencement, so far as it relates to review of decisions made under section
36-22
of the old Act, has effect on and after commencement as if it also related to decisions made under section
36-20
of the new Act.
19-45(2)
Except where the provider is a *Table A provider, the grievance procedures referred to in paragraphs
(1)(a)
and
(b)
must comply with the requirements of the Higher Education Provider Guidelines.
19-45(3)
The review procedure referred to in paragraph
(1)(c)
must comply with the requirements of the Higher Education Provider Guidelines.
Guidelines may provide for matters relating to reviews
19-45(4)
The Higher Education Provider Guidelines may provide for matters relating to reviews of decisions made by higher education providers:
(a)
under subsection
36-12(2)
or
36-20(1)
; or
(b)
relating to assistance under Chapter
3
;
including procedures that are to be followed by *review officers when reviewing those decisions.
History
S 19-45(4) amended by No 89 of 2023, s 3 and Sch 1 item 8, by substituting
"
or
"
for
"
, paragraph 36-13(2)(b) or subsection
"
in para (a), effective 1 January 2024.
S 19-45(4) amended by No 93 of 2020, s 3 and Sch 4 item 39B, by substituting para (a), effective 1 January 2022. Para (a) formerly read:
(a)
under subsection 36-12(2) or 36-20(1); or
S 19-45(4) amended by No 93 of 2020, s 3 and Sch 4 item 4, by substituting para (a), effective 1 January 2021. Para (a) formerly read:
(a)
under section 36-20; or
S 19-45(4) amended by No 104 of 2011, s 3 and Sch 2 item 3, by substituting
"
36-20
"
for
"
36-22
"
in para (a), applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
.
Provider to comply with procedures
19-45(5)
The provider must comply with its grievance and review procedures.
Civil penalty: 60 penalty units.
History
S 19-45(5) amended by No 83 of 2017, s 3 and Sch 3 item 13, by inserting civil penalty at the end, applicable in relation to higher education providers approved under section
16-25
, whether approved before or after 17 August 2017. No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable on and after 1 January 2021 in relation to higher education providers taken to be approved under section
16-5
, whether taken to be approved before, on or after 1 January 2021.
Provider to provide information about procedures
19-45(6)
The provider must publish, and make publicly available, up to date information setting out the procedures.
Provider to provide information about other complaint mechanisms
19-45(7)
The provider must publish information about any other complaint mechanisms available to complain about the provider
'
s decisions.