Gerard Toohey Director, Student Administration Monash University

1
Gerard TooheyDirector, Student Administration
Monash University

• VSU Roundtable discussion - Who's doing what with
  VSU?

ATEM Victorian Branch Conference, 5 May 2006
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Overview

• Legislative requirements
• DEST interpretative advice for 2006 transition
  year
• DEST pool of funds for transition
• What are institutions doing in Semester 2 of
  2006?
• What are institutions doing for 2007?

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Higher Education Support Act 2003
19-37 Requiring membership of certain
organisations or payment of certain amounts (1) A
higher education provider must not (a) require
a person to be or to become a member of an
organisation of students, or of students and
other persons or (b) require a person enrolled
with, or seeking to enrol with, the provider to
pay to the provider or any other entity an
amount in respect of an organisation of
students, or of students and other persons
unless the person has chosen to be or to become a
member of the organisation.
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Higher Education Support Act 2003

• (2) A higher education provider must not require
  a person enrolled with, or seeking to enrol with,
  the provider to pay to the provider or any other
  entity an amount for the provision to students of
  an amenity, facility or service that is not of an
  academic nature, unless the person has chosen to
  use the amenity, facility or service.

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Higher Education Support Act 2003
(3) Subsection (2) does not apply to an amount
that the higher education provider requires the
person to pay if the amount is for goods or
services that (a) are essential for the course
of study in which the person is enrolled or
seeking to enrol and (b) the person has the
choice of acquiring from, but does not acquire
from, a supplier other than the higher education
provider and
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Higher Education Support Act 2003
(c) either (i) are goods that become the
property of the person that are not intended to
be consumed during the course of study or (ii)
consist of food, transport or accommodation
associated with provision of field trips in
connection with the course of study.
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DEST interpretative transition advice

• http//www.goingtouni.gov.au/Main/Resources/Studen
  tSupport/VoluntaryStudentUnionism.htm
• 2006 should be viewed as a transitional year for
  VSU. The Australian Government decided on this
  arrangement as a result of the late passage of
  the legislation and to give higher education
  providers time to implement VSU.
• From 2007, VSU will apply to all students
  studying with a higher education provider

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DEST interpretative transition advice

• Q Can a student be required to become a member
  of a student union or to pay student union or
  amenities fees (compulsory fees) for studies
  undertaken in 2006 before 1 July?
• A The Higher Education Support Act 2003 (HESA)
  does not require any student, including a student
  enrolled for a period of study before 1 July
  2006, to become a member of a student union or to
  pay compulsory non-academic fees (compulsory
  fees). Any decision to impose such a
  requirement is a decision of the higher education
  provider.

9
DEST interpretative transition advice

• continued
• A student enrolled for the first half or the full
  year in 2006, may continue under pre-VSU
  arrangements for the full year and therefore be
  required by their higher education provider to
  become a member of a student union or be charged
  compulsory fees by their higher education
  provider. The higher education provider is
  responsible for a decision to impose any such
  requirement.

10
DEST interpretative transition advice

• continued
• Amendments to the Education Services for Overseas
  Students Act 2000 (ESOS Act) last year make it
  clear that a higher education provider will not
  breach the VSU provisions of HESA if the tuition
  fee charged to an overseas student includes an
  amount that is used to fund the specific services
  required under the ESOS Act and its National
  Code. Overseas students are otherwise to be
  treated in the same way as domestic students
  under the VSU provisions. They cannot be
  required to pay a separate amenities fee or
  student union fee other than under the
  transitional arrangements.

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DEST interpretative transition advice

• Q Can a student undertaking their first study
  period for 2006, starting on or after 1 July, be
  required to become a member of a student union or
  to pay compulsory fees?
• A No. A higher education provider cannot
  require a student to become a member of a student
  union or to pay compulsory fees in these
  circumstances (other than those referred to above
  for overseas students). Any attempt to do so
  will be a breach of the VSU provisions.

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DEST interpretative transition advice

• Q Can a higher education provider require a
  student who has studied in 2006 before 1 July to
  become a member of a student union or to pay
  compulsory fees for studies commencing on or
  after 1 July?
• A Yes. However, in these circumstances, any
  requirement by a higher education provider for a
  student to become a member of a student union or
  to pay compulsory fees must be made before 1 July
  2006 (eg, by issuing before 1 July 2006 an
  invoice requiring payment).
• Whether or not a higher education provider
  requires a student to become a member of a
  student union or to pay compulsory fees in this
  situation is a decision for that provider.

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DEST interpretative transition advice

• Q Is a higher education provider permitted to
  enforce collection of compulsory fees on or after
  1 July 2006 if the requirement to pay was made
  (eg, invoiced) prior to 1 July for a student that
  has studied in 2006 before 1 July?
• A Yes, even if the student does not have to pay
  until after 1 July 2006. The act of requiring
  payment (eg, issuing the invoice) was undertaken
  by a higher education provider before 1 July
  2006.

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DEST interpretative transition advice

• continued
• Under HESA, higher education providers may
  determine their own enrolment policies, provided
  they treat students fairly and take into account
  other requirements of HESA. It is open to
  providers to determine and enforce penalties for
  non-payment of compulsory fees, provided they
  comply with the VSU provisions and HESA.
• If a higher education provider does not act
  before 1 July 2006 to require payment in respect
  of an amount (whether the payment is to be made
  before, on or after 1 July), action taken by the
  provider on or after 1 July that does amount to
  requiring payment in respect of that amount would
  be in breach of the VSU provisions.

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DEST interpretative transition advice

• Q Is a higher education provider permitted on or
  after 1 July 2006 to adjust (up or down) a
  compulsory fee assessment that was made and
  issued (eg, invoiced) prior to 1 July for a
  student who has studied in 2006 before 1 July?
• A Yes, provided the notification (eg, invoice)
  is issued on the basis that there is an amount
  payable that may subsequently be adjusted taking
  into account the study load actually undertaken
  by a student.
• However, if the adjustment process involves a
  new requirement to pay (eg, issuing of a new or
  replacement invoice) on or after 1 July 2006, a
  higher education provider would be in breach of
  the VSU provisions.

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DEST interpretative transition advice

• Q Is a higher education provider permitted on or
  after 1 July 2006 to continue to collect
  instalment payments on compulsory fees for a
  student who has studied in 2006 before 1 July?
• A Yes, provided that the requirement to pay was
  made (eg, invoiced) before 1 July 2006 on the
  basis that there is an amount which must be paid
  and this amount can be paid by instalments.

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DEST interpretative transition advice

• Q Can a higher education providers residential
  colleges and halls require the payment of
  compulsory student resident club fees as a
  condition of residing in the residential colleges
  or halls after 1 July 2006?
• A Yes.
• Residential colleges or halls owned by religious
  or charitable bodies are not covered by the VSU
  provisions of HESA as the entity is not a higher
  education provider as defined under HESA.

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DEST interpretative transition advice

• continued
• In the case of residential colleges and halls
  that are owned or controlled by a higher
  education provider, the VSU provisions of HESA do
  not apply to charges in respect of a students
  choice to reside in a residential college or
  hall, including any compulsory student residence
  club fee. This is on the basis that a higher
  education provider is not requiring students
  enrolled with it to reside in its residential
  colleges or halls. Students are choosing to do
  so.

19
DEST transition funding for Sporting and
Recreational Facilities

• The transition fund will assist institutions
  listed in Table A of the Higher Education Support
  Act 2003 to adjust to the changed funding
  environment by facilitating a shift from reliance
  on compulsory fees for maintenance and
  construction of sporting and recreation
  infrastructure to other mechanisms, including
• Partnerships with the community
• Working with local businesses
• Expansion of membership to include other student
  bodies (e.g. New Apprentices and Technical and
  Further Education students) and
• Fee for service arrangements.

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DEST transition funding for Sporting and
Recreational Facilities

• continued
• Funding will be available for eligible
  universities over the period 2007 to 2009. The
  total funding available for the programme is 80
  million over 3 years
• 40 million in 2007
• 30 million in 2008 and
• 10 million in 2009.

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DEST transition funding for Sporting and
Recreational Facilities

• Call for submissions in response to discussion
  paper
• The VSU Transition Fund Discussion Paper seeks
  views from universities, relevant organisations
  within them and the communities within which they
  are located, on several aspects of the programme
  including eligibility criteria within the
  priorities outlined in the paper.
• The paper proposes that funding be allocated
  through a competitive selection round or rounds,
  with institutions submitting proposals which
  would address one or more of the funding
  priorities.

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DEST transition funding for Sporting and
Recreational Facilities

• continued
• Universities that have previously relied
  primarily on compulsory student fees for
  constructing and maintaining sporting and
  recreational facilities will be a priority under
  the Fund but additional considerations, such as
  the needs of newer and regional universities
  where communities have limited access to
  alternative facilities, could also be taken into
  account.
• Responses to the discussion paper should be
  submitted to the Department of Education, Science
  and Training by the close of business, Monday 15
  May 2006. Focus groups will be held with the
  universities, relevant organisations within them
  and the communities within which they are located
  during June 2006.

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What are institutions doing in Semester 2 ?

• Invoicing, or not?
• Due date for payment?
• Adjustment up or down after 1 July?

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What are institutions doing for 2007 ?

• Determination of services to be offered?
• How are those services provided and by whom?