Month: September 2024

Should ‘student-led organisations’ get a guaranteed share of student amenities fee revenue?

Andrew Norton2 Comments

Senate hearings this week will examine the Universities Accord (Student Support and Other Measures) Bill. This bill includes the changes to HELP indexation, the FEE-FREE Uni Ready Places, the Commonwealth Prac payment, and a requirement that 40% of student amenities fee revenue be directed to student-led organisations. My submission to the inquiry is here.

The status quo on student amenities fees

The current law on student amenities fees is a compromise on the long-running compulsory versus voluntary student unionism debate. Prior to 2006, universities could charge an unregulated, upfront fee for student amenities. In an a reversal of normal political positions, left-wing activists supported the unregulated status quo (because it funded their activities), while Liberal students and eventually Liberal governments moved to regulate the market and abolish the fee (also because it funded left-wing activities). In 2005 the Howard government finally legislated away the compulsory fee, with effect from 2006.

In 2011, Julia Gillard legislated to restore a compulsory amenities fee, with effect from 2012. But the fee was price capped ($351 in 2024), funded by the income contingent SA-HELP loan instead of being upfront, and the revenue could only be spent on a list of specified activities. The legislation specifically prohibits the money being spent on on a political party or the election of a person to local, state or Commonwealth office.

Under guidelines derived from the Gillard-era compromise, universities must ‘provide adequate and reasonable support, resources and infrastructure for democratically elected student representatives to carry out their functions’. However there is no specific share of amenities fee revenue that must go to student-led organisations.

In practice the amenities fees is mainly relevant to Commonwealth supported places and the fixed, relatively low amount of money universities receive for them. With no CSP funding for non-academic services the student amenities fee fills this financial gap. Although universities often charge full-fee students a separate amenities fee, reflecting institutional history and politics, this is not necessary. The cost of amenities can just be bundled into the overall fee, as it typically is outside the universities. Only 5 non-university higher education providers use SA-HELP.

Changes under the bill

The Universities Accord (Student Support and Other Measures) Bill specifies that at least 40% of amenities fee revenue must go to student-led organisations: section 19-39(1). An organisation is student led if a) the majority of people on the governing body are currently enrolled or have been enrolled in the previous three years; and b) the majority of persons on the governing body have been democratically elected by students; and c) the organisation satisfies requirements specified in government-set guidelines: section 19-39(3).

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The National Student Ombudsman and academic life

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A previous post outlined the contents of the Universities Accord (National Student Ombudsman) Bill introduced into parliament last week. This post examines its implications for academic life.

Although the bill generally exempts curriculum content or assessment methods from review by the Ombudsman, the minister will be able to over-ride these exemptions with a legislative instrument.

Students will use the Ombudsman to pressure academics for special consideration and to avoid discipline for misconduct. This creates an incentive for academics to accept questionable claims and overlook likely cheating rather than risk wasting time on an Ombudsman investigation.

The post’s section references are to the bill.

Academic judgment

The Ombudsman legislation does not permit student complaints ‘to the extent that the action involves the exercise of academic judgment’: section 21AD(3)(c).

The bill’s explanatory memorandum gives as examples of excluded complaints (p. 23) ‘decisions about the academic merit of a grade awarded, the content of a curriculum, and teaching and assessment methods.’

But section 21AD(4) undoes this by stating that exceptions can be over-ridden by the National Student Ombudsman Rules.

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A National Student Ombudsman – how would this new student complaints mechanism work?

Andrew Norton1 Comment

Last week the government introduced legislation for a National Student Ombudsman.

This post outlines key provisions of the bill. A government summary is here. A subsequent post looks at the potential impact of the bill on academic life.

Statutory references are to the Universities Accord (National Student Ombudsman) Bill, using the sections as they would appear in the Ombudsman Act 1976 if the bill passes.

Which students can complain?

All students of higher education providers, except those enrolled in VET courses, can complain to the National Student Ombudsman (abbreviated to Ombudsman from now). Apart from the VET exception, non-higher education students are included. Enabling, microcredential and professional development course students will be covered. In some cases prospective or former students can also make complaints: sections 3(1) and 21AD(1)(a).

Another person can make a complaint on behalf of the student: section 21AD(1)(b).

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