Abstract:
Consumer rights of students in higher education: hot or not?
Higher education institutions are increasingly viewed as service
providers, and students are increasingly referred to as
customers. This trend gives rise to questions as to the application
of consumer protection laws in a university context. Recent
judicial authority in Australia has arguably limited the public law
rights of students in respect of universities. The way forward for
aggrieved students now may be to take private law actions in
contract and pursuant to consumer laws. There is evidence that
suggests a use of consumer protection legislation beyond what
was contemplated when this legislation was introduced. This
paper will review recent developments in the case law in
Australia and New Zealand and consider the effectiveness and
appropriateness of consumer law as a means of redress for
disgruntled university students.
