Higher Education Support Act 2003
Chapter 2
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Grants for higher education assistance etc
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 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:
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) , paragraph 36-13(2)(b) or subsection 36-20(1) ; or (b) relating to assistance under Chapter 3 ;
The provider must comply with its grievance and review procedures.
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.
PART 2-1
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HIGHER EDUCATION
PROVIDERS
Division 19
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What are the quality and accountability requirements?
Subdivision 19-D
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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 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) , paragraph 36-13(2)(b) or subsection 36-20(1) ; or
(ii) relating to assistance under Chapter 3 .
Note:
Part 5-7 also deals with reconsideration and review of decisions.
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) , paragraph 36-13(2)(b) or subsection 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.
Provider to comply with procedures
19-45(5)
The provider must comply with its grievance and review procedures.
Civil penalty: 60 penalty units.
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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