Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc

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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)

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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)

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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.

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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)

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The Higher Education Provider Guidelines may provide for matters relating to reviews of decisions made by higher education providers:

(a)

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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.

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Provider to comply with procedures

19-45(5)

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The provider must comply with its grievance and review procedures.

Civil penalty: 60 penalty units.

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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.

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