Education Amendment Act 2011

29  New section 227A inserted
  • The following section is inserted after section 227:

    227A Ministerial direction to institutions relating to compulsory student services fees
    • (1) For the purpose of ensuring accountability in the use of compulsory student services fees determined under section 227(1B), the Minister may give an institution or institutions a written direction that—

      • (a) lists the categories of student services that the institution or institutions may make available to students:

      • (b) requires the institution or institutions to hold the fees in a specified manner (for example, in a separate account to be used solely for the purpose of expenditure on student services) and, if the fees are to be held in an account, ensure that the account is audited:

      • (c) requires the institution or institutions to establish adequate arrangements for decisions to be made jointly or in consultation with the students enrolled at the institution, or their representatives, on all or any of the following matters:

        • (i) the types of student services that, subject to subsection (2)(a), are to be made available to students:

        • (ii) the categories of student services that, subject to subsection (2)(b), are to be made available to students:

        • (iii) the maximum amount that students may be charged for the student services that are to be made available (the student services fee):

        • (iv) the procurement of student services:

        • (v) the method for authorising expenditure on student services:

      • (d) requires the institution or institutions to include in the institution’s annual report (under section 220) a description of the services funded out of the student services fee and a statement of the fee income and expenditure for each type of student service.

      (2) If the Minister lists under subsection (1)(a) categories of student services that may be made available to students (listed categories),—

      • (a) the types of student services described in subsection (1)(c)(i) must fall within the listed categories; and

      • (b) the categories of student services described in subsection (1)(c)(ii) must be listed categories.

      (3) A direction given under subsection (1)—

      • (a) may include all or any of the things specified in paragraphs (a) to (d) of that subsection:

      • (b) must specify when the direction must be complied with.

      (4) If an institution does not comply with a direction given under subsection (1), the Minister may give a written direction to that institution specifying—

      • (a) the types of student services that the institution may make available to students; and

      • (b) the maximum amount that students may be charged for those services; and

      • (c) when the direction must be complied with.

      (5) Before giving a direction under subsection (1) or (4), the Minister must,—

      • (a) by notice in the Gazette,—

        • (i) set out the proposed direction; and

        • (ii) invite submissions on it; and

        • (iii) state a final date for receipt of submissions (being a date no later than 21 days after the date of the Gazette notice); and

      • (b) consider the submissions (if any) on the proposed direction.

      (6) The council of an institution that is given a direction under subsection (1) or (4) may make statutes under section 194(1) for the purpose of giving effect to the direction.