{"id":"F2022L00346","name":"Higher Education Support (Student Services, Amenities, Representation and Advocacy) Guidelines 2022","slug":"higher-education-support-student-services-amenities-representation-and-advocacy-guidelines-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102327,"registerId":"commonwealth-F2022L00346-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Higher Education Support (Student Services, Amenities, Representation and Advocacy) Guidelines 2022.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 238-10 of the Act.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in Schedule 1 of the Act, including the following:\n\n    (a) course of study;\n    (b) student; and\n    (c) student services and amenities fee.\n  In this instrument:\n\n> Act means the Higher Education Support Act 2003.\n\n> HEP means a higher education provider that receives a grant under Part 2-2 of the Act in respect of the year 2012 or a later year.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Outline","content":"#### 6 Outline\n\n| 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.Section 19-67 of the Act provides the basis for Parts 2 and 3 of these Guidelines and states, at subsections 19-67(1) to (4):(1) A higher education provider that receives a grant under Part 2‑2 in respect of the year 2012 or a later year must comply in respect of the year with the requirements of the Student Services, Amenities, Representation and Advocacy Guidelines as those guidelines were in force on the 30 June just before the year.Note: The Student Services, Amenities, Representation and Advocacy Guidelines are made by the Minister under section 238‑10.(2) The Student Services, Amenities, Representation and Advocacy Guidelines may provide for:(a) requirements for providing students with information about services that are not of an academic nature and that support students; and(b) requirements for providing students with access to such services; and(c) requirements relating to the representation and advocacy of the interests of students.(3) However, the Student Services, Amenities, Representation and Advocacy Guidelines cannot require a provider to fund an organisation of students, or of students and other persons.(4) Subsection 19‑65(1) does not apply in relation to the Student Services, Amenities, Representation and Advocacy Guidelines.As such, Parts 2 and 3 of the Guidelines set out the requirements as referred to in subsection 19‑67(2).Requirements relating to information and access to services that are not of an academic nature and that support students are set out in Part 2 and requirements relating to the representation and advocacy of the interests of students are set out in Part 3.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). |\n| -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\nPart 2 – Requirements for providing students with information about, and access to, services","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Orientation","content":"#### 7 Orientation\n\n  (1) HEPs must provide an orientation program and orientation information for all students enrolled at the HEP to provide students with information that are not of an academic nature and that support students.\n  (2) A HEP must make the orientation program and information accessible to all students enrolled at the HEP, allowing for those enrolling at different entry points.\n  (3) The orientation program referred to in subsection (1) must be designed to assist students with transition to study, by familiarising students with the HEP, the campuses, and the available support services, including in relation to safety.\n  (4) As part of the orientation program referred to in subsection (1), students must be provided with information about the student services and amenities fee, the services it enables, and how they can access those services.\n\n> Note: An orientation program may provide relevant information to students enrolled at the HEP in a number of ways, including in written or oral form, or by electronic means such as through the HEP’s website, email, SMS broadcasts or podcasts.","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Services","content":"#### 8 Services\n\n  (1) HEPs must ensure that all students enrolled at the HEP are provided with information on how to access the following services:\n    (a) health services—including medical and emergency health services, mental health services and health-related counselling;\n    (b) welfare services—including services to assist with accommodation, financial matters, legal concerns and employment;\n    (c) advocacy services—including advocacy and referral services for all students enrolled at the HEP across a range of academic, procedural and administrative issues in respect of issues relating to equity, discrimination, harassment, grievances, complaints, disputes, exclusion, discipline and misconduct, supervision, and unsatisfactory progress;\n    (d) career services—including services to assist students to develop their curriculum vitae and resume, interview skills, and career management skills, and services to assist students to search for jobs, graduate programs, vacation work and work experience.\n  (2) Information may be provided to students about these services in a number of ways (in written or oral form, or by electronic means such as through the HEP’s website, email, SMS broadcasts or podcasts).\n  (3) HEPs must not charge students for the referral if making a referral to an external provider.\n  (4) HEPs must not charge students for access to advocacy services.","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Provision of services","content":"#### 9 Provision of services\n\n  (1) HEPs must ensure that where they provide health, welfare, advocacy or career services directly to students enrolled at the HEP, trained and qualified staff are engaged to provide those services and meet the needs of students enrolled at the HEP.\n  (2) Where these services are provided by a third party engaged by the HEP, the HEP must ensure that the third party engages trained and qualified staff to provide those services and meet the needs of students enrolled at the HEP.","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Advocacy officers","content":"#### 10 Advocacy officers\n\n  (1) HEPs must ensure students enrolled at the HEP have access to advocacy officers for services referred to in paragraph 8(1)(c).\n  (2) Advocacy officers must act in the best interest of students and must be independent from the HEP’s decision-makers and other staff who administer the HEP’s academic and procedural rules and regulations.\n  (3) Advocacy officers must avoid potential or actual conflicts of interest in carrying out their duties.","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Reasonable and appropriate level of services","content":"#### 11 Reasonable and appropriate level of services\n\n  (1) HEPs must provide students enrolled at the HEP with a reasonable and appropriate level of services that are not of an academic nature and that support students.\n  (1) HEPs must consider the varying and different circumstances of students enrolled at the HEP in determining what would be a reasonable and appropriate level of services to provide at a particular campus.\n  (2) HEPs must consider the composition of the student cohort with regard to undergraduate students, postgraduate students, international students, part-time students and distance education or online students, course delivery mode and the campus location in determining what would be a reasonable and appropriate level of services.\n\n  \n\nPart 3 – Requirements relating to the representation and advocacy of the interests of students","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"General","content":"#### 12 General\n\n  (1) HEPs must support student engagement and representation through the provision of clear consultative arrangements, including with student representatives and major student organisations recognised by the HEP where appropriate.\n  (2) The requirements in this Part are not intended to preclude student representatives at a HEP forming an organisation that represents students enrolled at the HEP.","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Process by which students are consulted","content":"#### 13 Process by which students are consulted\n\n  (1) HEPs must establish and maintain a clearly defined and effective process by which students enrolled at the HEP are consulted.\n  (2) That process must be reviewed and approved annually by the governing body of that HEP after being made available to students enrolled at the HEP for comment.","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Consultation about decision making processes","content":"#### 14 Consultation about decision making processes\n\n  (1) HEPs must advise students enrolled at the HEP of avenues available for students to be involved in decision making processes generally, including by publishing the details of the consultation mechanisms on their website and in their annual report.\n  (2) These mechanisms must include consultation with democratically elected student representatives.","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Consultation about proceeds from compulsory student services and amenities fees","content":"#### 15 Consultation about proceeds from compulsory student services and amenities fees\n\n  HEPs must consult with students enrolled at the HEP regarding the specific uses of proceeds from any compulsory student services and amenities fees, as outlined in section 19.","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Consultation with student representatives from independent student organisations","content":"#### 16 Consultation with student representatives from independent student organisations\n\n  (1) Where a HEP recognises independent student organisations that have student representatives who are democratically elected by students enrolled at the HEP, students in relevant elected positions must be invited to participate in the HEP’s normal consultative arrangements.\n  (2) Students in these positions must also be invited to participate in the consultation process referred to in sections 14 and 15, provided that they are representative of the composition of students enrolled at the HEP.","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Consultation with students in democratically elected positions","content":"#### 17 Consultation with students in democratically elected positions\n\n  (1) Where a HEP already has, in their establishing legislation, provision for democratically elected student representation on governing and related bodies, students in relevant positions must, subject to any contrary intention in that legislation, be invited to participate in the consultation process referred to in section 14, provided they are representative of the composition of students enrolled at the HEP.\n  (2) Students in these positions must, subject to any contrary intention in their establishing legislation, be invited to participate in the consultation process referred to in section 15, provided that their election envisaged this role.","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Provision for student representatives","content":"#### 18 Provision for student representatives\n\n  (1) Where sections 16 and 17 do not apply to the HEP, the HEP must provide for student representatives to be democratically elected for the purposes of meeting the requirements of section 14, with at least one representative elected from the following categories:\n    (a) students enrolled in an undergraduate course of study;\n    (b) students enrolled in a postgraduate course of study; and\n    (c) overseas students.\n  (2) In meeting the requirements to provide democratically elected student representation under section 17 or subsection (1), a HEP must meet the necessary and reasonable costs of conducting democratic, valid and transparent polls.\n  (3) In meeting the requirements under section 17 or subsection (1), a HEP must provide adequate and reasonable support, resources and infrastructure for democratically elected student representatives to carry out their functions on behalf of students enrolled at the HEP.\n\n> Note 1: Nothing in this section is intended to limit a HEP using additional mechanisms for student consultation as appropriate or intended to limit a HEP from providing support for other student representatives elected as part of the HEP’s approved consultation mechanisms.\n\n> Note 2: For the purposes of subsection (3), examples of resources and infrastructure are office spaces and IT equipment.","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Use of compulsory student services and amenities fees","content":"#### 19 Use of compulsory student services and amenities fees\n\n  (1) In relation to decisions regarding the specific uses of the proceeds from any compulsory student services and amenities fee, HEPs must establish and maintain a clearly defined and effective process by which students enrolled at the HEP are consulted that is reviewed and approved annually by the governing body of the HEP.\n  (2) Consultation with students must be undertaken through a formal process of engagement with the democratically elected student representatives identified in sections 16, 17 or 18.\n  (3) Consultation with students must be timely, form part of the HEP’s annual financial planning, and must include notifying students enrolled at the HEP and democratically elected student representatives referred to above of:\n    (a) the purpose of the student services and amenities fee;\n    (b) the amount of revenue anticipated;\n    (c) the mechanisms to establish priorities for expenditure; and\n    (d) the timing and mechanism available to comment on the proposed priorities.\n  (4) Once consultation has been undertaken, and the HEP has determined through consultation how the revenue will be spent, information on the established priorities, proposed heads of expenditure and projects to be funded must be made publicly available to students enrolled at the HEP.\n  (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.\n  \n\nPart 4 – Requirements relating to student led organisations","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Requirements for a student led organisation","content":"#### 20 Requirements for a student led organisation\n\n  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:\n    (a) the higher education provider is satisfied that the organisation has appropriate governance arrangements, including that:\n    (i) the governing body of the organisation makes decisions independently from the higher education provider; and\n    (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\n    (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\n    (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.","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Period in which a higher education provider must make application in relation to transitional arrangements for student led organisations","content":"#### 21 Period in which a higher education provider must make application in relation to transitional arrangements for student led organisations\n\n  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.","sortOrder":18}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent under the Higher Education Support Act 2003. It operationalises sections 19-39, 19-40, and 19-67 of the Act, which specifically deal with student services, amenities fees, and representation. The 2022 Guidelines replace earlier versions (likely the 2011 Guidelines) but maintain the same core scope: setting requirements for services, consultation, and student organisation governance. No significant scope creep is evident."},"complexity_factors":["Moderate cross-referencing to the Higher Education Support Act 2003 (the 'Act'), with multiple sections cited (19-39, 19-40, 19-67, 238-10, 19-38, 19-65)","Conditional logic in Parts 3 and 4 where requirements apply only when certain conditions are met (e.g., 'where sections 16 and 17 do not apply' in section 18)","Nested requirements in section 20 with multiple sub-paragraphs (i), (ii), (iii) for governance arrangements","Temporal conditions in section 21 specifying exact date ranges for applications","Approximately 6 defined terms or expressions relying on the parent Act, plus the term 'HEP' defined locally","Multiple 'subject to' clauses creating exceptions (e.g., 'subject to any contrary intention in that legislation' in section 17)"],"plain_english_summary":"This legislation requires Australian higher education providers to deliver core student support services and ensure students are meaningfully consulted about decisions affecting them, especially how compulsory student services fees are spent. It also sets governance, transparency, and financial-accountability standards for student-led organisations that receive fee funding.\n\nIt affects universities, students (who gain service access and representation rights), and student organisations—strengthening support, voice, and fee accountability."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These Guidelines do not change the overall statutory scope set by the Higher Education Support Act 2003. They elaborate and prescribe processes, governance standards and reporting obligations to implement the Act's existing permissions and requirements concerning student services, amenities, representation and advocacy (ss 19‑39, 19‑40, 19‑67). The instrument tightens procedural detail (for example, specifying advocacy officer independence, audited accounts for student‑led organisations, election cost responsibilities and the 1 January–30 June application window for transitional arrangements), but does not expand the Act’s substantive reach or create new categories of regulated activity beyond what the Act permits."},"complexity_factors":["Short standalone instrument but substantial cross‑references to the Higher Education Support Act 2003 (sections 19‑38, 19‑39, 19‑40, 19‑67 and schedule 1 definitions) — dependence on external definitions increases complexity.","Multiple conditional rules and fallbacks (e.g. sections 16–18: different consultation obligations depending on whether independent or legislated student representation exists).","Several procedural loops: annual approval/review by governing body (s 13), annual reporting to Department in Minister‑approved form (s 19(5)), and annual financial planning linkage (s 19(3)).","Governance and compliance requirements for student‑led organisations with multiple sub‑criteria (independence, audited accounts, policies on risk/fraud/financial controls) (s 20).","Operational detail mixed with high‑level standards (e.g. \"reasonable and appropriate level of services\" in s 11) — requires factual judgement by HEPs, increasing interpretive complexity.","Specific prohibitions and protections: cannot charge for advocacy or referrals (s 8(3)–(4)); requirement for advocacy officer independence (s 10) — these create compliance checkpoints.","Timing rule for transitional applications (s 21) introduces a discrete procedural deadline that HEPs must observe."],"plain_english_summary":"**What this instrument is and who it applies to**\n\n- This instrument is a set of Ministerial guidelines made under the Higher Education Support Act 2003 (the Act). It applies to any higher education provider (HEP) that receives a grant under Part 2‑2 of the Act for 2012 or later (the instrument calls these HEPs). (See Definitions and section 6.)\n\n**What the guidelines require — mechanically**\n\n- Orientation and information (section 7): HEPs must provide and make accessible an orientation program and information to all enrolled students about non‑academic support services, campus facilities and safety. Orientation must include information about the student services and amenities fee (SSAF), what services it funds, and how students access those services. (Section 7.)\n\n- Service information and access (sections 8–9): HEPs must ensure all students are told how to access health, welfare, advocacy and career services. HEPs may use written, oral or electronic methods. HEPs cannot charge students for referrals to external providers (s 8(3)) and must not charge for access to advocacy services (s 8(4)). Where services are provided directly or by third parties, HEPs must engage (or require the third party to engage) trained and qualified staff (s 9).\n\n- Advocacy officers (section 10): HEPs must provide student access to advocacy officers who act in students' best interests, are independent from the HEP’s decision‑makers and administrative staff, and avoid conflicts of interest.\n\n- Reasonable level of services (section 11): HEPs must provide a reasonable and appropriate level of non‑academic support services, taking into account student mix (undergraduate, postgraduate, international, part‑time, distance), delivery mode and campus location.\n\n- Student consultation, representation and elections (sections 12–18): HEPs must have clear, effective consultative arrangements with student representatives and recognised student organisations. They must establish, maintain and annually review a process for consulting students (s 13). Students must be informed of avenues to participate in decision making, including democratically elected student representatives (s 14). If independent or legislatively created student representative structures exist, those elected students must be invited to participate in consultation (ss 16–17). Where such structures do not exist, the HEP must provide for democratically elected student representatives covering at least undergraduates, postgraduates and overseas students; the HEP must meet reasonable costs of conducting elections and provide resources for representatives (s 18).\n\n- Use of compulsory SSAF proceeds (section 19): HEPs must consult students through the formal engagement process with democratically elected student representatives about specific uses of compulsory SSAF revenue. Consultation must be timely, part of annual financial planning and must notify students about purpose, expected revenue, priority‑setting mechanisms and how to comment. After decisions are made, HEPs must publish established priorities and proposed expenditure and provide an annual report, in the Minister's approved form, on SSAF allocations and actual expenditure to the Department and make that report public (s 19).\n\n- Student‑led organisations — governance and services (section 20): To qualify as a \"student led organisation\" for the Act, an organisation must have governance arrangements that ensure independent decision‑making from the HEP, publish annual audited accounts (including transactions with the HEP), have policies on record‑keeping, risk management, fraud prevention and financial controls, and must provide the services listed in s 19‑38(4) of the Act using SSAF revenue allocated by the HEP.\n\n- Transitional application window (section 21): For transitional arrangements from 2026 onwards, HEPs must apply for transitional arrangements for student‑led organisations between 1 January and 30 June of the year immediately before the year the application relates to.\n\n**Statutory limits and context**\n\n- The Guidelines are made under s 238‑10 and implement the matters the Act allows under ss 19‑39, 19‑40 and 19‑67. The Act itself prohibits the Guidelines from requiring a provider to fund an organisation of students (s 19‑67(3)), so the Guidelines set procedural and governance conditions rather than imposing mandatory funding of student organisations. (See section 6 outline.)\n\n**Official purpose claim and a short test against costs and incentives**\n\n- The official purpose: the instrument sets minimum procedural and governance rules so students know about and can access non‑academic support services, have independent advocacy, and meaningfully participate in decisions about compulsory SSAF expenditure. (See ss 6, 7, 8, 10, 13 and 19.)\n\n- Who pays: the economic cost of services funded by SSAF is borne collectively by the students required to pay the SSAF (the fee revenue is the funding source for many services). HEPs also absorb administrative and compliance costs (running elections, supporting representatives, contracting third parties, maintaining records and audits, reporting to the Department, ensuring staff qualifications and independence).\n\n- Who decides: HEPs retain decision‑making power over how SSAF revenue is spent, but must consult and reasonably engage democratically elected student representatives and publish priorities and expenditure. The Minister approves the reporting form (s 19(5)), and the Department receives annual reports.\n\n- Behavioural effects and trade‑offs: HEPs will need to institutionalise annual consultative processes, run and fund democratic polls where necessary, ensure independence of advocacy officers and contractually require qualified staff from providers. This creates administrative and compliance burden and predictable recurring costs. The Guidelines create transparency obligations (publication of priorities and audited accounts) which increase information available to students and regulators but require governance and audit processes. There is scope for outsourcing services to third parties, but HEPs retain responsibility for ensuring qualifications and independence. The Guidelines do not mandate specific services or funding levels; they set process, governance and reporting rules, leaving priority and allocation discretion to HEPs subject to consultation and reporting requirements.\n\n- Implementation risks and incentives: ensuring true independence of advocacy officers and independent decision‑making by student‑led organisations depends on HEP governance and contracting practices (ss 10, 20). The requirement to provide audited accounts and policies (s 20(a)(ii)–(iii)) raises administrative thresholds for organisations seeking SSAF allocations. The annual reporting requirement (s 19(5)) centralises oversight (the Department receives standardised data) and creates an information link between HEPs and the Minister/Department.\n\n**Net effect (mechanical)**\n\n- The Guidelines translate statutory permissions in the Act into concrete procedural and governance obligations for HEPs: orientation and access information, minimum standards for provision and independence of advocacy, formal consultative and electoral arrangements for student representation, transparency and reporting on SSAF use, and governance standards for student‑led organisations receiving SSAF allocations.\n"},"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-student-services-amenities-representation-and-advocacy-guidelines-2022","history":"/api/acts/higher-education-support-student-services-amenities-representation-and-advocacy-guidelines-2022/history","analysis":"/api/acts/higher-education-support-student-services-amenities-representation-and-advocacy-guidelines-2022/analysis","conflicts":"/api/acts/higher-education-support-student-services-amenities-representation-and-advocacy-guidelines-2022/conflicts","importantCases":"/api/acts/higher-education-support-student-services-amenities-representation-and-advocacy-guidelines-2022/important-cases","documents":"/api/acts/higher-education-support-student-services-amenities-representation-and-advocacy-guidelines-2022/documents"}}