Voluntary student unionism legislation
Frequently asked questions
Voluntary student unionism
Voluntary student unionism (VSU) came into effect in July 2006 and is governed by the Higher Education Support Act 2003 (section 19-37). Under the Act, higher education providers cannot require:
- a student to be a member of a student association, union or guild; and/or
- a person to pay a compulsory fee for facilities, amenities or services that are not of an academic nature.
During February/March 2008 the Australian Government will consult with students, universities and other interested community members on the impact of VSU since its introduction. Further details on the consultation are available at the Department of Education, Employment and Workplace Relations website under the heading of voluntary student unionism.
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Frequently asked questions
Q: What is Voluntary student unionism (VSU)?
A: The VSU provisions of the Higher Education Support Act 2003 (HESA) allow students to choose whether they wish to become a member of a student association, union or guild.
The VSU provisions of HESA apply to all students (HESA s19-37).
Q: Can a student be required to become a member of a student union or to pay student union or amenities fees (compulsory fees)?
A: No. The VSU provisions of HESA mean that higher education providers cannot require a student to be a member of a student association, union or guild. The provisions also mean that students are not required to pay any compulsory fees to a provider or any other entity for the provision 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.
Q: Does VSU apply to overseas students?
A: Yes. Under the Education Services for Overseas Students Act 2000 (ESOS Act) a higher education provider will not breach the VSU provisions of HESA if the tuition fee charged to an overseas student for a higher education unit includes an amount that is used to fund the specific services required under the ESOS Act and its National Code. Overseas students undertaking higher education units/courses are otherwise to be treated the same way as domestic students under the VSU provisions. They cannot be required to pay a separate amenities or student union fee.
Q: Can a higher education provider’s residential colleges and halls require the payment of compulsory student resident club fees as a condition of residing in the residential colleges or halls?
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.
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 student’s 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.
Q: Does this mean that student unions are now abolished?
A: No. Student unions are still free to recruit and engage in appropriate activities. However, membership of a student union cannot be made compulsory or a condition of enrolling at a higher education provider.
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