EXPLANATORY STATEMENT
Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education)
Issued by the authority of the Minister for Education and Training
Subject: Higher Education Support Act 2003
Amendment No.1 to List of Maximum Grant Amounts under Division 41 for 2015 (Education).
Authority
Subsection 41-50(1) of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must, by legislative instrument, cause a list to be prepared setting out the maximum amounts of all grants which may be paid in the following year for each purpose of grant specified in the table in section 41-10 of the Act. Subsection 41-50(2) of the Act provides that the Minister may, in writing, vary a list for a year at any time before the end of that year.
Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education) (the Amending List) amends the List of grants under Division 41 for 2015 (F2015L00052).
Purpose
The List of Grants under Division 41 for 2015 sets out:
- each purpose of grant specified in the table in section 41-10 of the Act
- the maximum amounts of all grants for each purpose of grant for the 2015 calendar year.
The purpose of the Amending List is to increase the maximum amount for Item 6 – Assist with the Cost of Higher Education Providers’ Superannuation Liabilities to reflect the additional funds required to meet emerging costs for New South Wales universities’ superannuation liabilities.
Consultation
Consultation was not undertaken due to the instrument being of a machinery nature that does not alter existing arrangements.
Commencement
The Amending List is a Legislative Instrument under the Legislative Instruments Act 2003. The list takes effect the day after it is registered on the Federal Register of Legislative Instruments.
Amendment
The Amending List amends the List of grants under Division 41 for 2015 (F2015L00052).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendment No. 1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education)
This Legislative Instrument is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
Subsection 41-50(1) of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must, by legislative instrument, cause a list to be prepared setting out the maximum amounts of all grants which may be paid in the following year for each purpose of grant specified in the table in section 41-10 of the Act. Subsection 41-50(2) of the Act provides that the Minister may, in writing, vary a list for a year at any time before the end of that year.
The List of grants under Division 41 for 2015 (the List) sets out each purpose of grant specified in the table in section 41-10 of the Act as well as the maximum amounts of all grants for each purpose of grant for the 2015 calendar year. Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education) (the Instrument) amends the List to:
- Increase the maximum amount for Item 6 – (Assist with the Cost of Higher Education Providers’ Superannuation Liabilities) to reflect the additional funds required to meet emerging costs for New South Wales universities’ superannuation liabilities.
Human Rights implications
Right to Education
The Instrument engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.
The Instrument provides for an increase to the maximum amount which is payable by the Commonwealth in relation to item 6 of the table in section 41-10 of the Act which concerns grants to assist with the cost of higher education providers’ superannuation liabilities. To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument aims to improve the integrity of the higher education sector.
The Instrument also continues to support the payment of grants for the purposes specified in the table in section 41-10 of the Act. As the purpose of the grants include the promotion of equality of opportunity in higher education and the support of the training of research students (amongst other purposes) the Instrument engages and promotes the right to education.
The maximum payment amounts are capped having regard to reasonable, necessary and proportionate constraints on spending.
The Instrument is compatible with the right to education.
Conclusion
This Legislative Instrument is compatible with human rights.
The Hon Christopher Pyne MP, Minister for Education and Training