Agents
An agent is a person or organisation who acts in the interests of another. A person can be made an agent by:
- consent of both the student and the prospective agent
- way of a Court Order or
- in exceptional circumstances, without a student's consent
'Agency' refers to the relationship that happens when one person is appointed to act as the representative of another.
Granting of agency is not controlled by the Student Allowance Regulations 1998 or the Social Security Act 2018; it is contract-based, and is governed by common law.
What can an agent do?
The rights and responsibilities an agent has over a student's affairs are determined by the student, and depend on what role the student wishes the agent to have. Generally, anything a person can do for themselves, they may authorise an agent to do.
What an agent can do depends on the role the student wishes them to have. The student must decide exactly what rights and responsibilities they wish to give their agent; the student may also specifically exclude the agent from doing certain things. For example receiving the student's mail.
An agent's power can be limited to cover a specific issue, for example to assist with a Review of Decision, or wider to support a person through all dealings with StudyLink.
When a student appoints an agent, the student still has the right at any time to discuss their circumstances with StudyLink with or without the agent being present.
Who can be an agent?
A student has the right to appoint any individual or organisation as their agent; however, in certain circumstances StudyLink has the discretion not to deal with an agent of the student's choice.
Generally an agent:
- should be a person of credible reputation and
- will generally be over 18 years of age (an exception to this could be a partner)
