BY MAURICE SIBELLE
MELBOURNE — Some of the more repressive sections of Victoria's anti-student organisation legislation, enacted by the former Kennett government in 1994, were repealed on October 25, although the Coalition and independents were able to keep some restrictions on student organisations' operations.
Changes to the minority Labor government's Amendments to Voluntary Student Unionism (VSU) Legislation Bill retain a modified voluntary membership provision that allows students to "opt out" of membership of a student organisation.
The repeal bill was also amended to retain a statement that compulsory non-academic fees can only be spent on items of "direct benefit" to students (previously the clause had read "to students and the institute"). Clauses restricting the definition of items of "direct benefit" to 17 categories, excluding political activities, were repealed.
The amendments will make it easier for student organisations to push managements for funding for the "political activities" that the former government had sought to outlaw.
The complicated process of amending the repeal bill resulted in a new requirement that institutions publish a statement of compulsory non-academic fees in their annual report; the removal of the ability of the minister to determine what are items of "direct benefit"; the retention of the prohibition on discrimination against non-members of student organisations; and the retention of the right of university and TAFE councils to determine how compulsory non-academic fees can be spent.
The 1994 VSU law were designed to force university and TAFE managements to restrict student organisations to non-political activities and to turn them into contracted providers of services, rather than representatives bodies that defended student rights and interests.
The act stated that institutions could only hand over the compulsory non-academic fees they routinely charge students to student organisations if they were to be spent on certain, specified activities.
The Coalition particularly targeted funding for student newspapers, honorariums for office-bearers, wages for student organisation staff, affiliation to peak bodies like the Victorian TAFE Students and Apprentices Network (VTSAN) and the National Union of Students (NUS), campaigns against government policy or in support of political causes, political clubs and societies, and student elections.
The law had a mixed impact on Victoria's student organisations. No university student organisations were closed down and most were able to preserve some of the functions they had traditionally carried out.
But TAFE student organisations were hit hard and had several restrictions imposed on them; several were completely shut down. VSU also had a devastating impact on TAFE students: with student organisations muzzled, there was no effective opposition to the funding squeeze on TAFE colleges.
The bill is yet to pass the Coalition-controlled upper house and may be further amended.