This instrument is the Higher Education Support (Student Services, Amenities, Representation and Advocacy) Amendment (Student Led Organisations) Guidelines 2024.

This instrument commences immediately after Schedule 2 to the Universities Accord (Student Support and Other Measures) Act 2024 commences.

Note: Schedule 2 to the Universities Accord (Student Support and Other Measures) Act 2024 commences on 1 January 2025: see item 7 of the table in subsection 2(1) of that Act.

3 Authority

This instrument is made under section 238-10 of the Higher Education Support Act 2003.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Higher Education Support (Student Services, Amenities, Representation and Advocacy) Guidelines 2022

1 Section 6

Before the paragraph beginning “Section 19-67 of the Act”, insert:

Section 238-10 of the Act provides that the Minister may make Student Services, Amenities, Representation and Advocacy Guidelines to provide for matters required or permitted by sections 19-39, 19-40 and 19-67 of the Act to be provided, or necessary or convenient to be provided in order to carry out or give effect to those sections.

2 Section 6

After “Section 19-67 of the Act provides the basis for”, insert “Parts 2 and 3 of”.

3 Section 6

After “As such,”, insert “Parts 2 and 3 of”.

4 At the end of section 6

Add:

Paragraph 19-39(3)(c) of the Act enables the Guidelines to specify the requirements that an organisation must meet to be a student led organisation for the purposes of that section. Paragraph 19-40(4)(c) of the Act enables the Guidelines to specify the period in which a higher education provider may make an application in relation to transitional arrangements for student led organisations. Part 4 of the Guidelines specifies the requirements for paragraph 19-39(3)(c) and the period for paragraph 19-40(4)(c).

5 Subsection 19(5)

Repeal subsection 19(5), substitute:

(5) HEPs must provide to the Department a report, in the form approved by the Minister, on student services and amenities fee allocations and actual expenditure for the year as part of their annual reporting and make that report publicly available.

6 After section 19

Insert:

Part 4 – Requirements relating to student led organisations

20 Requirements for a student led organisation

For the purposes of paragraph 19-39(3)(c) of the Act, the requirements for an organisation to be a student led organisation that relates to a higher education provider are that:

(a) the higher education provider is satisfied that the organisation has appropriate governance arrangements, including that:

(i) the governing body of the organisation makes decisions independently from the higher education provider; and

(ii) the organisation keeps and publishes annual audited accounts that record the organisation’s income and expenditure, including in relation to transactions between the higher education provider and the organisation; and

(iii) the organisation has, and complies with, policies and procedures in place that relate to record keeping, risk management, fraud prevention and financial controls; and

(b) the organisation provides the services set out in subsection 19-38(4) of the Act to students using the student services and amenities fee revenue allocated to the organisation by the higher education provider in a calendar year.

21 Period in which a higher education provider must make application in relation to transitional arrangements for student led organisations

For the purposes of paragraph 19-40(4)(c) of the Act, for applications that relate to the 2026 calendar year and later years, a higher education provider must make an application in relation to transitional arrangements for student led organisations within the period beginning on 1 January and ending on 30 June of the calendar year immediately prior to the first calendar year to which the application relates.