Universities Accord (Student Support and Other Measures) Act 2024 (108 of 2024)

Schedule 2   SSAF changes

Higher Education Support Act 2003

1   After section 19-38

Insert:

19-39 At least 40% of student services and amenities fees must be allocated to student led organisations

(1) A higher education provider must allocate an amount that is equal to, or greater than, 40% of the total amount paid to the provider as *student services and amenities fees in respect of each calendar year, to one or more *student led organisations that relate to the higher education provider for the calendar year, for the purposes of providing student services and amenities.

(2) Amounts must be allocated under subsection (1) before the end of the calendar year in respect of which the *student services and amenities fees were paid to the higher education provider.

(3) An organisation is a student led organisation that relates to a higher education provider for a particular calendar year if:

(a) the majority of the persons constituting the governing body (however described) of the organisation are either or both of the following:

(i) students enrolled in a *course of study with the higher education provider during the calendar year;

(ii) students who have been enrolled in a *course of study with the higher education provider during any of the 3 immediately preceding calendar years; and

(b) the majority of the persons constituting the governing body (however described) of the organisation have been democratically elected by students enrolled in a *course of study with the higher education provider when the student votes in the election; and

(c) the organisation satisfies the requirements (if any) specified in the Student Services, Amenities, Representation and Advocacy Guidelines for the purposes of this paragraph.

Note: The Student Services, Amenities, Representation and Advocacy Guidelines are made by the Minister under section 238-10.

19-40 Higher education provider may make application in relation to transitional arrangements for student led organisations

(1) The Secretary may, on application under subsection (4), determine that a *Table A provider:

(a) is not required to allocate an amount to one or more student led organisations, in respect of up to 3 calendar years, that would otherwise be required by section 19-39 to be allocated; or

(b) may allocate an amount specified in the determination to one or more student led organisations, in respect of up to 3 calendar years, being an amount lower than would otherwise be required by section 19-39 to be allocated.

(2) The Secretary may, on application under subsection (4), determine that a higher education provider that is not a *Table A provider:

(a) is not required to allocate an amount to one or more student led organisations, in respect of up to 5 calendar years, that would otherwise be required by section 19-39 to be allocated; or

(b) may allocate an amount specified in the determination to one or more student led organisations, in respect of up to 5 calendar years, being an amount lower than would otherwise be required by section 19-39 to be allocated.

(3) The Secretary must not make a determination under subsection (1) or (2) unless the Secretary is satisfied:

(a) that unless the Secretary makes the determination, the higher education provider concerned would not be able to maintain key services at an appropriate level for the calendar year or years to which the determination relates; and

(b) that the higher education provider has in place a transition plan that will enable it to comply with section 19-39 after the end of the calendar year or years specified in the determination.

(4) A higher education provider may make an application under this subsection:

(a) in a form approved by the Secretary; and

(b) in accordance with the requirements that the Secretary determines in writing; and

(c) within the period (if any) specified in the Student Services, Amenities, Representation and Advocacy Guidelines for the purposes of this paragraph.

Note: The Student Services, Amenities, Representation and Advocacy Guidelines are made by the Minister under section 238-10.

(5) A determination made under this section is not a legislative instrument.