Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2024

Administered by Department of Education

Legislation au F2024L01717 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Higher Education Support Act 2003

Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2024

AUTHORITY

Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make Commonwealth Grant Scheme Guidelines to, amongst other things, provide for matters necessary or convenient to be provided in order to carry out, or give effect to, the matters set out in Part 2-2 of the Act.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. The amendment to the Commonwealth Grant Scheme Guidelines 2020 (the Principal Instrument) made by the Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2024 (the Amendment Instrument) rely on this provision.

PURPOSE AND OPERATION

The Amendment Instrument amends the Principal Instrument to, for the purposes of paragraph 30-20(b) of the Act, update the national priorities specified in the Principal Instrument.

The Amendment Instrument amends the Principal Instrument to provide that it is a national priority to increase the number of persons from under-represented backgrounds undertaking courses of study in Education, Nursing, Engineering, Computing, Commerce and Society and Culture for courses commencing in 2023, 2024 and 2025 (instead of just courses commencing in 2023 and 2024).

This amendment will provide greater options for students from under-represented backgrounds to access higher education and to study in areas where there are current skills and workforce shortages.

IMPACT ANALYSIS

The Office of Impact Analysis (OIA) assessed the impact of the proposal as minor and determined that an Impact Analysis was not required (OIA reference number: OIA24-08706).

COMMENCEMENT

The Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

A competitive application process in 2022 informed the previous changes made to the Principal Instrument (made by the Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2022) to specify that it was a national priority to increase the number of persons from under-represented backgrounds undertaking courses of study in Education, Nursing, Engineering, Computing, Commerce and Society and Culture for courses commencing in 2023 and 2024.

That competitive application process was open to all Table A providers and selected non-Table A providers, and that process informed what courses or fields of study should be included in the description of the national priority.

Noting that the inclusion of this national priority was informed by that previous process and consultation with higher education providers in that process, and because the Amendment Instrument only changes the description of the national priority to include courses commencing in 2025, but otherwise does not change the national priority, it was considered unnecessary to undertake additional consultation in relation to the Amendment Instrument.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2024

The Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2024 (the Amendment Instrument) is compatible with the 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

The Amendment Instrument amends the Commonwealth Grant Scheme Guidelines 2020 (the Principal Instrument) to, for the purposes of paragraph 30-20(b) of the Higher Education Support Act 2003 (the Act), update the national priorities specified in the Principal Instrument.

The Amendment Instrument amends the Principal Instrument to provide that it is a national priority to increase the number of persons from under-represented backgrounds undertaking courses of study in Education, Nursing, Engineering, Computing, Commerce and Society and Culture for courses commencing in 2023, 2024 and 2025 (instead of just courses commencing in 2023 and 2024).

This amendment will provide greater options for students from under-represented backgrounds to access higher education and to study in areas where there are current skills and workforce shortages.

Human rights implications

The Amendment Instrument engages the right to education in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Right to education

Article 13(2)(c) of the ICESCR provides that ‘higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education’.

The Amendment Instrument expands the national priorities in relation to which providers listed in section 8 of the Principal Instrument can receive funding, to ensure that providers can continue to receive funding to support students from under-represented backgrounds undertaking courses of study in 2025 in a range of different areas of study. This supports the right to education as it reduces barriers for students to undertake higher education.

Conclusion

The Amendment Instrument is compatible with human rights because it supports the right to education.

 

Minister for Education, the Hon Jason Clare MP

COMMONWEALTH GRANT SCHEME AMENDMENT (NATIONAL PRIORITIES) GUIDELINES 2024

EXPLANATION OF PROVISIONS

Section 1: Name

  1.   This is a formal provision specifying the name of the Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2024 (the Amendment Instrument).

Section 2: Commencement

  1.   This provision provides that the Amendment Instrument commences on the day after the Amendment Instrument is registered on the Federal Register of Legislation.

Section 3: Authority

  1.   This provision provides that the Amendment Instrument is made under section 238‑10 of the Higher Education Support Act 2003 (the Act).

Section 4: Schedules

  1.   This is a technical provision that explains that the instrument that is specified in a Schedule to the Amendment Instrument is amended or repealed as set out in the applicable items in the Schedule concerned.

Schedule 1 – Amendments

Commonwealth Grant Scheme Guidelines 2020

Item 1: Paragraph 10(d)

  1.   Section 10 of the Commonwealth Grant Scheme Guidelines 2020 (the Principal Instrument) specifies, for the purposes of paragraph 30-20(b) of the Act, outcomes in the provision of higher education as national priorities.
  2.   Item 1 amends paragraph 10(d) of the Principal Instrument to provide that it is a national priority to increase the number of persons from under-represented backgrounds undertaking courses of study in Education, Nursing, Engineering, Computing, Commerce and Society and Culture for courses commencing in 2023, 2024 and 2025 (instead of just courses commencing in 2023 and 2024).

Overview

The Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2024 is an instrument made under section 238-10 of the Higher Education Support Act 2003. It amends the Commonwealth Grant Scheme Guidelines 2020 to update the national priorities related to the funding of higher education courses. Specifically, it expands the scope of national priorities to include increasing the number of students from under-represented backgrounds in Education, Nursing, Engineering, Computing, Commerce, and Society and Culture for courses commencing in 2023, 2024, and 2025, rather than just 2023 and 2024. This amendment aims to provide more opportunities for students from under-represented backgrounds to access higher education and to address current skills and workforce shortages. The Office of Impact Analysis has determined that the impact of this amendment is minor and, therefore, an Impact Analysis was not required. The Guidelines will commence on the day after they are registered on the Federal Register of Legislation. This amendment follows a competitive application process in 2022, which informed the initial inclusion of these national priorities and deemed additional consultation unnecessary for this update.

Scope and Application

The Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2024 amends the Commonwealth Grant Scheme Guidelines 2020 to update the national priorities specified in the Principal Instrument. The Amendment Instrument applies to the entities listed in section 8 of the Principal Instrument, which typically includes Australian higher education providers. It aims to support students from under-represented backgrounds in accessing higher education by making it a national priority to increase their participation in specific fields of study for courses commencing in 2023, 2024, and 2025, rather than just 2023 and 2024. This update is intended to address current skills and workforce shortages by providing more opportunities for students to study in areas where there is a need. The Amendment Instrument is made under section 238-10 of the Higher Education Support Act 2003 and it commences on the day after it is registered on the Federal Register of Legislation. The Amendment Instrument does not introduce any exclusions or exemptions beyond what is specified in the Principal Instrument and extends or restricts the application through the specified amendments in Schedule 1.

Key Provisions

The Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2024 (the Amendment Instrument) amends the Commonwealth Grant Scheme Guidelines 2020 (the Principal Instrument), which are part of the Commonwealth Grant Scheme established under the Higher Education Support Act 2003 (the Act). This amendment updates the national priorities specified in the Principal Instrument to include increasing the number of students from under-represented backgrounds undertaking courses in Education, Nursing, Engineering, Computing, Commerce, and Society and Culture for courses commencing in 2023, 2024, and 2025 (Section 10(d)). This change is aimed at providing more opportunities for these students to access higher education and study in areas with current skills and workforce shortages. The Amendment Instrument imposes obligations on the parties governed by it, particularly higher education providers listed in section 8 of the Principal Instrument. These providers must align their strategies and applications for Commonwealth grants with the updated national priorities. This includes demonstrating how they intend to increase the number of students from under-represented backgrounds in the specified fields of study for the courses commencing in 2023, 2024, and 2025. This requirement ensures that funding under the Commonwealth Grant Scheme is directed towards meeting these national priorities. The Amendment Instrument does not explicitly state any offences, penalties, or consequences for non-compliance with its provisions. However, failure to align with the updated national priorities could result in providers being ineligible for funding under the Commonwealth Grant Scheme. This is because the funding is contingent on demonstrating how the providers plan to meet the national priorities outlined in the Principal Instrument. Consequently, non-compliance could lead to a loss of financial support from the Commonwealth, impacting the provider’s ability to offer courses and support students effectively.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.