{"id":"C2023A00089","name":"Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Act 2023","slug":"higher-education-support-amendment-response-to-the-australian-universities-accord-interim-report-act","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"89 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436386,"registerId":"C2023A00089-fast-fetch-1775953599160","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Act 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nHigher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Act 2023\n\n \n\nNo. 89, 2023\n\n \n\n \n\n \n\n \n\n \n\nAn Act to amend the Higher Education Support Act 2003, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Amendments\n\nPart 1—Indigenous students\n\nHigher Education Support Act 2003\n\nPart 2—Supporting students to succeed\n\nHigher Education Support Act 2003\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nHigher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Act 2023\n\nNo. 89, 2023\n\n \n\n \n\n \n\nAn Act to amend the Higher Education Support Act 2003, and for related purposes\n\n[Assented to 6 November 2023]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Act 2023.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 6 November 2023\n- 2. Schedule 1, Part 1 The day this Act receives the Royal Assent. 6 November 2023\n- 3. Schedule 1, Part 2 1 January 2024. 1 January 2024\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Amendments\n\nPart 1—Indigenous students\n\nHigher Education Support Act 2003\n\n1  Clause 1 of Schedule 1 (paragraph (a) of the definition of demand driven higher education course)\n\nRepeal the paragraph, substitute:\n\n (a) is undertaken by an *Indigenous person; and\n\n2  Clause 1 of Schedule 1 (definition of eligible Indigenous person)\n\nRepeal the definition.\n\n3  Clause 1 of Schedule 1 (definition of regional area)\n\nRepeal the definition.\n\n4  Clause 1 of Schedule 1 (definition of remote area)\n\nRepeal the definition.\n\n5  Application of amendments\n\nThe amendments of the Higher Education Support Act 2003 made by this Part apply in relation to the following:\n\n (a) funding agreements entered into under Part 2‑2 of that Act in respect of 2024 and later calendar years;\n\n (b) grants payable under that Part for 2024 and later calendar years.\n\nPart 2—Supporting students to succeed\n\nHigher Education Support Act 2003\n\n6  After section 19‑42\n\nInsert:\n\n19‑43  Support for students policy\n\nProviders must have a support for students policy\n\n (1) A higher education provider must have a policy (a support for students policy) that deals with the support provided to the provider’s students to assist them to successfully complete the units of study in which they are enrolled.\n\n (2) A higher education provider’s support for students policy must:\n\n (a) include information on:\n\n (i) the provider’s processes for identifying students that are at risk of not successfully completing their units of study; and\n\n (ii) the supports available from or on behalf of the provider to assist students to successfully complete the units of study in which they are enrolled; and\n\n (b) comply with any requirements specified in the Higher Education Provider Guidelines.\n\n (3) Without limiting paragraph (2)(b), the requirements may relate to the following:\n\n (a) requirements for the higher education provider’s support for students policy to include specified information;\n\n (b) requirements about the presentation, format and availability of the policy.\n\nProvider to comply with support for students policy\n\n (4) A higher education provider must comply with its support for students policy.\n\nProvider must report on compliance with support for students policy\n\n (5) A higher education provider must give a report to the Minister about the provider’s compliance with its support for students policy.\n\n (6) The report must:\n\n (a) include the information required by the Higher Education Provider Guidelines; and\n\n (b) be given within the period, or at the intervals, specified in the Higher Education Provider Guidelines.\n\nCivil penalty for non‑compliance\n\n (7) A higher education provider contravenes this subsection if the provider:\n\n (a) is subject to a requirement under this section; and\n\n (b) does not comply with the requirement.\n\nCivil penalty: 60 penalty units.\n\n7  Subparagraph 19‑45(1)(c)(i)\n\nOmit “, paragraph 36‑13(2)(b) or subsection”, substitute “or”.\n\n8  Paragraphs 19‑45(4)(a) and 19‑50(1)(a) and (2)(c)\n\nOmit “, paragraph 36‑13(2)(b) or subsection”, substitute “or”.\n\n9  Subsection 19‑60(1)\n\nOmit “, paragraph 36‑13(2)(b), subsection”, substitute “or”.\n\n10  Section 36‑13\n\nRepeal the section.\n\n11  Subsection 104‑1(1)\n\nOmit “104‑1A,”.\n\n12  Section 104‑1A\n\nRepeal the section.\n\n13  Subsection 104‑30(1)\n\nOmit “paragraphs 104‑1A(2)(b) and”, substitute “paragraph”.\n\n14  Section 206‑1 (table items 1AE and 1)\n\nRepeal the items.\n\n15  Subsection 209‑1(2) (note 1)\n\nOmit “, paragraph 36‑13(2)(b), subsection”, substitute “or”.\n\n16  Paragraph 238‑1(2)(a)\n\nOmit “, paragraph 36‑13(2)(b) or subsection”, substitute “or”.\n\n17  Subsection 238‑10(1) (table item 1)\n\nOmit “section 36‑13;”.\n\n18  Application of amendments\n\n Section 19‑43 of the Higher Education Support Act 2003, as inserted by this Part, applies on and after the commencement of this item in relation to higher education providers approved under section 16‑25 of that Act, or taken to be approved under section 16‑5 of that Act, whether approved, or taken to be approved, before or after that commencement.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 3 August 2023\n\nSenate on 6 September 2023]\n\n(93/23)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act meaningfully widens scope compared with pre‑existing text in two ways. First, by removing earlier qualifying definitions and simplifying the trigger to 'undertaken by an Indigenous person' (Schedule 1, Part 1), it expands the set of courses/students that meet the demand‑driven criterion and therefore changes funding exposure from 2024 onward (Schedule 1, Part 1, item 5). Second, by creating a new statutory support‑policy obligation and civil penalty (new section 19‑43), the Act introduces enforceable regulatory compliance duties for all approved providers that were not previously framed in that precise statutory form; operational detail is delegated to the Higher Education Provider Guidelines (19‑43(2)(b), (3) and (6)). Together these changes extend the legislative footprint beyond simply tweaking definitions: they broaden funding triggers and add sustained administrative and enforcement obligations on providers."},"complexity_factors":["Two discrete amendment packages (Part 1 on Indigenous students; Part 2 on student support) affecting different legal and administrative regimes","Repeal of multiple defined terms (including 'eligible Indigenous person', 'regional area', 'remote area') which changes interpretation across the Act","Insertion of a new, multipart statutory section (19‑43) with duties, reporting obligations and a civil penalty (7 subparagraphs)","Delegation of substantive detail to the Higher Education Provider Guidelines (i.e. many practical requirements not set in statute)","Several cross‑reference edits and repeals (removal of section 36‑13, section 104‑1A, and table items), requiring readers to reconcile removed provisions with existing schedules","Staggered commencement dates (some items on assent, other parts on 1 January 2024)","Relatively compact text overall (limited number of pages and provisions), but effects depend on external instrument (Guidelines) and existing funding agreements"],"plain_english_summary":"**What this Act changes (mechanically)\n\n- It amends the Higher Education Support Act 2003 in two discrete ways (Schedule 1, Parts 1 and 2).\n\nPart 1 — Indigenous students (effective on Royal Assent)\n\n- The definition of a \"demand driven higher education course\" is changed so that the paragraph that triggers that status now simply requires the course to be undertaken by an Indigenous person (Schedule 1, Part 1, items 1–4).\n- Several related defined terms are repealed (including the previous definition of \"eligible Indigenous person\" and definitions of \"regional area\" and \"remote area\").\n- The change applies to funding agreements and grants for 2024 and later calendar years (Schedule 1, Part 1, item 5).\n\nPart 2 — Support for students (commencing 1 January 2024)\n\n- A new statutory obligation requires each approved higher education provider to have a written \"support for students policy\" that details how the provider identifies students at risk of not completing their units and what support is available to help them succeed (new section 19‑43(1)–(2)).\n- The policy must also meet any content, presentation, format and availability requirements set out in the Higher Education Provider Guidelines (19‑43(2)(b) and (3)).\n- Providers must comply with their own policy and must report to the Minister about their compliance in the form and at the times required by the Guidelines (19‑43(4)–(6)).\n- Failure to comply with the statutory requirements in the section attracts a civil penalty of 60 penalty units (19‑43(7)).\n- The amendment removes or revises a number of existing cross‑references and repeals a prior section (section 36‑13) and related items (Schedule 1, Part 2, items 7–17).\n\nWhy the change matters (official purpose and practical effects)\n\n- The Act is framed as a response to recommendations in the Australian Universities Accord interim report. The stated policy goals are (as set out in the Act and explanatory material): expand demand‑driven recognition for courses taken by Indigenous students, and strengthen providers’ obligations to support students to successfully complete study.\n\nPractical effects, incentives and who pays or decides\n\n- Who benefits: Indigenous students. Mechanically, a course counts as \"demand driven\" when undertaken by an Indigenous person (Schedule 1, Part 1). That alters the statutory trigger for funding treatment for those courses.\n- Who bears costs: higher education providers. Part 2 imposes new administrative and compliance duties (creating and publishing a policy, operating processes to identify at‑risk students, delivering or arranging supports, and preparing and lodging reports to the Minister). Non‑compliance carries a civil penalty (19‑43(7)).\n- Who decides details: the Minister and the Higher Education Provider Guidelines. The Act delegates detail to the Guidelines (19‑43(2)(b)–(3) and 19‑43(6)), so operational requirements (exact content, reporting intervals, presentation and availability standards) will largely be determined by the Guidelines rather than by the text of the Act.\n\nCosts, trade‑offs, and implementation risks\n\n- Compliance costs for providers: providers must expend staff time and systems to develop, implement and report against a new policy (19‑43(1), (5)–(6)). Smaller providers may face proportionally higher fixed costs.\n- Funding cost to the Commonwealth: broadening the demand‑driven trigger for Indigenous students may increase the number of courses treated under demand‑driven funding settings; that changes the Commonwealth’s fiscal exposure for 2024+ funding agreements (Schedule 1, Part 1, item 5).\n- Ministerial discretion and delegated detail: many operational matters are left to the Higher Education Provider Guidelines (19‑43(2)(b), (3) and (6)). That centralises rule‑making power to the executive instrument and creates dependence on the Guidelines’ content for practical compliance obligations.\n- Behavioural effects on providers: to avoid penalties providers are likely to formalise student support processes, track compliance, and possibly prioritise documentation and reporting. There is potential for substitution effects — for example, providers might change enrolment, admission counselling, or course design choices to manage risk and reporting burdens.\n- Enforcement and legal risk: the statutory civil penalty (60 penalty units; 19‑43(7)) creates a legal sanction for breach. The scope and application of that sanction will be shaped by the Guidelines and by how regulators interpret \"comply with its support for students policy\" in practice.\n\nTrade‑offs and opportunity costs\n\n- Administrative burden vs. student outcomes: the Act imposes statutory duties aimed at improving completion rates, but that comes with compliance and reporting costs. Whether those administrative costs are efficiently converted into better student outcomes depends on the Guidelines and on providers' implementation choices.\n- Broadening entitlement vs. targeting: removing definitions like \"eligible Indigenous person\" and area‑based qualifiers simplifies eligibility for the demand‑driven trigger but also extends it to a wider group (see effect described above). That extension increases fiscal exposure for public funding but reduces rules that limited eligibility by geography or other criteria.\n\nKey statutory references\n\n- Demand‑driven change: Schedule 1, Part 1 (items 1–4) and application to 2024+ funding (item 5).\n- Student support obligations and reporting: new section 19‑43 inserted by Schedule 1, Part 2 (19‑43(1)–(7)).\n- Civil penalty for non‑compliance: 19‑43(7) (60 penalty units).\n- Delegation of detail to Guidelines: 19‑43(2)(b), (3) and (6).\n\nBottom line (mechanical summary)\n\n- The Act broadens the statutory trigger that treats courses taken by Indigenous students as \"demand driven\" (removing certain prior qualification definitions) for 2024 and later funding, and creates a new, enforceable statutory obligation on higher education providers to maintain, comply with, and report against a student support policy, with a civil penalty for breaches (new section 19‑43)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose as indicated by the title—responding to specific recommendations in the Australian Universities Accord Interim Report. The two Parts directly address the two key recommendations: removing the regional/remote restriction on Indigenous student funding (Part 1) and implementing student support requirements (Part 2). There is no scope creep; if anything, the Act simplifies the principal Act by removing geographical definitions and obsolete provisions."},"complexity_factors":["Short, focused amending Act with only 2 substantive policy changes","18 amendment items, mostly mechanical repeals and substitutions removing cross-references to repealed provisions","Only 1 new substantive section (19-43) with straightforward obligations: have a policy, comply with it, report on it","Simple conditional logic: civil penalty applies only if provider subject to requirement AND fails to comply","No nested definitions or complex interpretation sections","Clear application provisions specifying exact commencement dates and retrospective application for existing providers","Removes rather than adds complexity by repealing geographical restrictions (regional/remote area definitions) and obsolete reporting sections"],"plain_english_summary":"**What this legislation does**\n\nThis Act makes two main changes to how universities and other higher education providers operate in Australia:\n\n**1. Expands access to demand-driven funding for Indigenous students**\n\n- Previously, universities received uncapped (\"demand-driven\") government funding for Indigenous students only if those students came from regional or remote areas.\n- This Act removes that geographical restriction. Now **all Indigenous students**—regardless of whether they live in cities, regional towns, or remote communities—trigger demand-driven funding for their university.\n- This means universities can enrol as many Indigenous students as they wish, and the government will fund those places without a cap.\n\n**2. Requires universities to actively support struggling students**\n\n- Universities must now have a formal **\"support for students policy\"** that explains:\n  - How they identify students at risk of failing or dropping out\n  - What help is available to keep students on track (tutoring, counselling, academic support, etc.)\n- Universities must actually follow their own policy and report to the Minister on how they're doing.\n- There's a **civil penalty** (a fine, not criminal charges) of 60 penalty units for non-compliance—roughly $15,000+ for a corporation.\n\n**Who it affects**\n\n- **Indigenous students**: More flexible access to university places without geographic barriers.\n- **Universities and higher education providers**: New compliance obligations and reporting requirements.\n- **The government**: More oversight of how universities support student retention and success.\n\n**Why it matters**\n\nThe Act responds to the Australian Universities Accord Interim Report, which highlighted that Indigenous students in metropolitan areas were missing out on uncapped funding, and that too many students were dropping out without adequate support. It aims to boost Indigenous participation in higher education and improve completion rates by forcing universities to proactively help struggling students."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-support-amendment-response-to-the-australian-universities-accord-interim-report-act","history":"/api/acts/higher-education-support-amendment-response-to-the-australian-universities-accord-interim-report-act/history","analysis":"/api/acts/higher-education-support-amendment-response-to-the-australian-universities-accord-interim-report-act/analysis","conflicts":"/api/acts/higher-education-support-amendment-response-to-the-australian-universities-accord-interim-report-act/conflicts","importantCases":"/api/acts/higher-education-support-amendment-response-to-the-australian-universities-accord-interim-report-act/important-cases","documents":"/api/acts/higher-education-support-amendment-response-to-the-australian-universities-accord-interim-report-act/documents"}}