Document ID: chunk:federal_register_of_legislation:F2025C00073:reg:6
Version: federal_register_of_legislation:F2025C00073
Segment Type: reg
Provision Reference: reg 6
Character Range: 3667–6464

6  Outline

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).

Part 2 – Requirements for providing students with information about, and access to, services