Higher Education Support Act 2003
Chapter 2
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Grants for higher education assistance etc
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:
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) or 36-20(1) ; or (b) relating to assistance under Chapter 3 ;
Provider to comply with procedures
19-45(5)
The provider must comply with its grievance and review procedures.
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.
View history note
Hide history noteA 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) or 36-20(1) ; or
(ii) relating to assistance under Chapter 3 .
Note:
Part 5-7 also deals with reconsideration and review of decisions.
[ CCH Note: S 19-45(1) will be 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) will read:
]
(i) under subsection 36-12(2) , paragraph 36-13(2)(b) or subsection 36-20(1) ; or
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) 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.
[ CCH Note: S 19-45(4) will be amended by No 93 of 2020, s 3 and Sch 4 item 39B, by substituting para (a), effective 1 January 2022. Para (a) will read:
]
(a) under subsection 36-12(2) , paragraph 36-13(2)(b) or subsection 36-20(1) ; or
The provider must comply with its grievance and review procedures.
Civil penalty: 60 penalty units.
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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