Commonwealth Scholarships Guidelines Amendment No. 1

Administered by Department of Education, Science and Training

Legislation au F2006L03667 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Issued by the authority of the Minister for Education, Science and Training

 

 

Subject:-  Higher Education Support Act 2003

   Guidelines for Commonwealth Scholarships

 

Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may, by legislative instrument, make guidelines providing for matters required or permitted by the Act or necessary or convenient to be provided in order to carry out or give effect to the Act. Part 2-4 of the Act provides that the Guidelines for Commonwealth Scholarships (referred to as the “Commonwealth Scholarships Guidelines”) may provide for Commonwealth Scholarships.

 

The purpose of the Commonwealth Scholarships Guidelines is to provide for the following Commonwealth Scholarships:

  • Commonwealth Learning Scholarships;
  • Australian Postgraduate Awards;
  • Endeavour International Postgraduate Research Scholarships; and
  • Indigenous Staff Scholarships.

 

Grants are made for these Commonwealth Scholarships to eligible higher education providers that allocate the scholarships to students.

 

The Commonwealth Scholarships Guidelines were registered on the Federal Register of Legislative Instruments on 20 September 2005 and this is the first amendment to the Commonwealth Scholarship Guidelines.  The purpose is to amend parts of all the chapters of the Commonwealth Scholarship Guidelines.  The main amendments are to chapters 2 and 4.  The amendments will commence on the day after the day on which they are registered on the Federal Register of Legislative Instruments.

 

 

CONSULTATION

 

In April 2006, the Department of Education, Science and Training (the department) invited comments from the Australian Vice-Chancellors Committee and higher education providers on the Endeavour International Postgraduate Research Scholarship financial management provisions in the Commonwealth Scholarships Guidelines.  Comments provided by higher education providers supported the proposed amendments to the financial management provisions and the agreed changes have been incorporated in chapter 4 of these guidelines, to apply from 2007. 

 

In August 2006, the Department of Education, Science and Training invited comments on the complete Commonwealth Scholarships Guidelines made under the Act and incorporated the agreed changes in these guidelines which are to apply from 2007.  Input was received from the following external stakeholders:
 

  • Higher education providers that are eligible to receive scholarships
  • Australian Vice-Chancellors Committee
  • NSW University Admissions Centre

 

 

 


SUMMARY OF PROVISIONS

 

Table of Contents

 

The table of contents has been updated to reflect other changes in the Commonwealth Scholarships Guidelines.

 

Chapter 1

 

Sub-paragraph 1.5.1

 

Definitions for Confirmation of Enrolment and Commonwealth Register of Institutions and Courses for Overseas Students have been deleted in line with other changes to the Commonwealth Scholarships Guidelines.

 

The definition for ASGC Remoteness Areas has been amended to remove a hyperlink.

 

References to the Department of Immigration, Multicultural and Indigenous Affairs have been updated to the Department of Immigration and Multicultural Affairs.  4.10(1)(b) has been amended accordingly.

 

The definition of internal student has been expanded to include students attending a host provider approved by the eligible scholarship provider through a cross-institutional arrangement.  This clarifies the entitlement of students to continue receiving Commonwealth Learning Scholarships when cross-institutional arrangements require them to attend a campus other than the eligible scholarship provider for the majority of the units of study in which they are enrolled.

 

 

Chapter 2

 

  • 2.1 has been amended by replacing ‘rural and regional’ with ‘regional and remote’ in line with the Australian Standard Geographical Classification that is used in making the funding calculations.  2.10.15 has been amended in the same way.

 

  • 2.1.5 has been amended by replacing ‘section’ with ‘paragraph’ for consistency.  2.10.10, 2.25.1 and 2.25.15 have been amended in the same way.

 

  • 2.5.1 has been amended by updating grant amounts for Commonwealth Learning Scholarships for 2007 and to show the exact amount of Commonwealth Learning Scholarship funding available in 2007, rather than the approximate amount to be allocated.

 

  • 2.5.10 has been amended by rewording the allocation formulae to clarify that existing Commonwealth Learning Scholarships are allocated to providers before calculating new scholarships.

 

  • 2.10.1 sets out the basic eligibility criteria for Commonwealth Education Costs Scholarships.  To be eligible for Commonwealth Education Costs Scholarships, students must:
  • be Australian citizens or holders of permanent humanitarian visas;
  • be enrolled as Commonwealth supported students in undergraduate courses or graduate diplomas (or equivalent) in areas of National Priority;
  • meet low socio-economic status requirements;
  • study full-time, except in exceptional circumstances; and
  • with some exceptions, not already hold a degree.

 

  • 2.10.5(1)(b) has been amended to allow assessments of low socio-economic status to be conducted on behalf of the eligible scholarship provider.

 

  • 2.10.15 sets out the eligibility criteria for Commonwealth Accommodation Scholarships.  To be eligible for Commonwealth Accommodation Scholarships, students must meet the basic eligibility criteria listed in paragraph 2.10.1 and must:
  • have lived in a regional or remote area in the four years prior to enrolling in the current higher education course;
  • have moved from a rural or regional area to undertake higher education and, as a result, incurred additional accommodation costs; and
  • be enrolled as internal students, except in exceptional circumstances.

 

  • 2.20(2) and 2.20(3) have been amended in line with 2.10.1(3)(c) to extend eligibility for Commonwealth Education Costs Scholarships and Commonwealth Accommodation Scholarships to students undertaking a graduate diploma (or equivalent) in an area of National Priority required for initial registration to practice in the chosen National Priority area.

 

  • 2.20.1(1) updates the value of Commonwealth Learning Scholarships for 2007.

 

  • 2.20.5(2) sets out arrangements for Commonwealth Learning Scholarship payments, including timing of payments.

 

  • 2.25.20 has been amended by changing the heading from “Provision of False Information” to “Provision of False or Misleading Information” for consistency. 

 

  • 2.25.25 requires an eligible scholarship provider to:

 

  • roll over unused Commonwealth Learning Scholarships to the next scholarship period;
  • convert the Commonwealth Education Costs Scholarships to Commonwealth Accommodation Scholarships or vice versa, and/or
  • return the unused Commonwealth Learning Scholarships to the Department for reallocation.

 

 

Chapter 3

 

  • 3.5.1 has been amended to update the total grant amount for Australian Postgraduate Awards for 2007.

 

  • 3.5.5 sets out the procedures for determining Australian Postgraduate Awards grant amounts to eligible providers. Eligible higher education providers are Table A providers listed in subsection 16-15(1) of the Act and Table B providers listed in subsection 16-20(1) of the Act. Grant amounts are determined by a formula that allocates funding to support a number of new Australian Postgraduate Awards each year (allocated to providers according to their relative research performance) and funding for a proportion of Australian Postgraduate Awards allocated to providers in the previous three years.

 

  • 3.10.10 allows a provider to approve an Australian Postgraduate Award to a part-time student in exceptional circumstances or where a student is undertaking Commercialisation Training Scheme (CTS) training concurrently with a higher degree by research.

 

  • 3.20.1(1) has been amended to update the value of Australian Postgraduate Award stipend values for 2007.

 

  • 3.25.1 has been amended by replacing ‘section’ with ‘sub-paragraph’ for consistency.  3.25.30(1)(d)(iii)  has been amended in the same way.

 

  • 3.25.35 has been amended by changing the heading from “Provision of False Information” to “Provision of False or Misleading Information” for consistency. 

 

 

Chapter 4

 

  • 4.5 has been amended to update grant amounts for 2007.

 

  • 4.5.5 sets out the process for determining grant amounts for Endeavour International Postgraduate Research Scholarships, including the formula to allocate the notional number of awards, which is weighted to higher degree research completions, research income and research publications. It also sets out the formula for calculating the grant to be paid to each provider.

 

  • 4.10 sets out student eligibility requirements for Endeavour International Postgraduate Research Scholarships.  To be eligible for Endeavour International Postgraduate Research Scholarships, a student must:
  • be an overseas student;
  • meet international student visa requirements;
  • be commencing full-time enrolment for the first time in a higher degree by research in Australia;
  • be studying in one of the provider’s areas of research concentration;
  • not hold an equivalent research qualification;
  • not have held an Australian Agency for International Development scholarship within the previous two years; and
  • not be receiving any other Australian Government funded scholarship that covers course tuition.

 

  • 4.15 sets out the application, selection and offer processes and policies for the Endeavour International Postgraduate Scholarships in a more transparent manner.
  • 4.15.1 sets out the requirement for Endeavour International Postgraduate Research Scholarships to be allocated through a competitive application process, with providers determining the form and date for applications.  It also requires the application form to warn students that it is a serious offence to give false or misleading information to the Department.
  • 4.15.5 sets out a requirement for providers’ selection policies to be publicly available.
  • 4.15.10 sets out the requirement that providers offer as many Endeavour International Postgraduate Research Scholarships as they can support with their grant amount and the requirement for providers to manage their Endeavour International Postgraduate Research Scholarship liabilities.

 

  • 4.20 specifies that providers must use grant amounts only for Endeavour International Postgraduate Research Scholarships.

 

  • 4.20.1 sets out the value of an Endeavour International Postgraduate Research Scholarship.

 

  • 4.20.5 sets out the processes for dealing with situations where Endeavour International Postgraduate Research Scholarship recipients do not commence, or withdraw from, their course.

 

  • 4.20.10 sets out the duration of the Endeavour International Postgraduate Research Scholarships for Research Doctorate degrees and for Research Masters degrees and in what circumstances that duration can be reduced or extended.

 

  • 4.25.10 sets out the process for an Endeavour International Postgraduate Research Scholarship recipient to transfer from one provider to another and the exceptional circumstances that may allow the scholarship to be transferred with the student.  The exceptional circumstances relate to the former provider supporting the student’s transfer and the new eligible scholarship provider agreeing to continue providing the scholarship.

 

 

Chapter 5

 

  • 5.10 has been deleted and replaced with 5.5.1 and 5.5.5, which set out the grant amounts for Indigenous Staff Scholarships for 2007 and how the grant amounts will be determined.

 

  • 5.15.10 has been amended to clarify that an Indigenous Staff Scholarship offer is conditional on the recipient enrolling in a full-time course of study leading to a higher education award with an eligible provider.

 

  • 5.20.5 has been amended to update stipend amounts for Indigenous Staff Scholarships for 2007.

 

  • 5.25.10(1) provides that the student must be enrolled in a full-time course of study and the Indigenous Staff Scholarship must begin the year following the student’s acceptance of the Indigenous Staff Scholarship.

 

 

COMMENCEMENT

 

The amendments to the guidelines will come into effect on the day after the day on which they are registered on the Federal Register of Legislative Instruments.

 

 

 

Overview

The Higher Education Support Act 2003 was enacted to establish a framework for the provision of higher education support in Australia, with the goal of improving access to higher education for Australians and promoting the development of a skilled workforce. The Commonwealth Scholarships Guidelines, which were first registered on the Federal Register of Legislative Instruments on 20 September 2005, provide for the Commonwealth Learning Scholarships, Australian Postgraduate Awards, Endeavour International Postgraduate Research Scholarships, and Indigenous Staff Scholarships. The Guidelines were amended in 2007 to update definitions, eligibility criteria, and grant amounts, among other changes, to better align with current educational and funding requirements. These amendments were made in consultation with relevant stakeholders, including higher education providers and the Australian Vice-Chancellors Committee, to ensure the Guidelines remain relevant and effective in supporting Australian higher education. The amendments aim to streamline the scholarship allocation process, enhance transparency, and provide clearer eligibility criteria for students, ultimately supporting the policy objective of increasing access to higher education for Australians and fostering a skilled workforce.

Scope and Application

The Commonwealth Scholarships Guidelines, established under Section 238-10 of the Higher Education Support Act 2003, aim to provide for various Commonwealth Scholarships, including Commonwealth Learning Scholarships, Australian Postgraduate Awards, Endeavour International Postgraduate Research Scholarships, and Indigenous Staff Scholarships. These guidelines apply to eligible higher education providers who allocate these scholarships to students. The guidelines have a national reach within Australia, as they fall under the Commonwealth's jurisdiction. Notably, the guidelines have been updated to align with the Australian Standard Geographical Classification, particularly in terms of regional and remote areas, and have incorporated changes to terminology such as updating references from the Department of Immigration, Multicultural and Indigenous Affairs to the Department of Immigration and Multicultural Affairs. The eligibility criteria and financial provisions for these scholarships have also been revised, with updates to grant amounts and clarifications on the allocation and rollover of unused scholarships. The amendments to the guidelines will be effective from the day after they are registered on the Federal Register of Legislative Instruments.

Key Provisions

The Commonwealth Scholarships Guidelines, issued under section 238-10 of the Higher Education Support Act 2003, outline provisions for various scholarship programs, including Commonwealth Learning Scholarships, Australian Postgraduate Awards, Endeavour International Postgraduate Research Scholarships, and Indigenous Staff Scholarships (section 1). These guidelines are designed to ensure that grants are appropriately allocated to eligible higher education providers who then distribute the scholarships to students meeting specific eligibility criteria. The amendments to these guidelines, which are effective from 2007, reflect feedback from stakeholders such as the Australian Vice-Chancellors Committee and higher education providers, and they align with updated standards and classifications. The obligations under these guidelines include ensuring that scholarship providers adhere to the eligibility criteria for students. For instance, Commonwealth Education Costs Scholarships are available to Australian citizens or permanent humanitarian visa holders who are enrolled in undergraduate courses or graduate diplomas in areas of national priority and meet low socio-economic status requirements (section 2.10.1). Similarly, Commonwealth Accommodation Scholarships are intended for students who have lived in regional or remote areas and have incurred additional accommodation costs due to their relocation for higher education (section 2.10.15). Additionally, the guidelines mandate that scholarship providers manage their scholarships responsibly, including rolling over unused scholarships or converting them as necessary (section 2.25.25). The Commonwealth Scholarships Guidelines also establish penalties for non-compliance. For instance, providing false or misleading information to the Department is considered a serious offence (section 2.25.25 and 3.25.35). While the specific penalties are not detailed in the explanatory statement, breaches of such provisions could potentially lead to civil or criminal consequences, depending on the severity and intent behind the misinformation provided. The guidelines ensure transparency and accountability in the scholarship allocation process by requiring providers to publicly disclose their selection policies and to use grant amounts strictly for the intended scholarships (section 4.15.5 and 4.20). The amendments to the Commonwealth Scholarships Guidelines, which incorporate feedback from various stakeholders, aim to enhance the clarity and effectiveness of the scholarship programs. By updating definitions, eligibility criteria, and financial provisions, these guidelines ensure that scholarships are awarded to those who genuinely need and deserve them, thereby supporting the broader goals of the Higher Education Support Act.

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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.