Determination Under section 15 in Relation to Grants for Expenditure for Operating Purposes (Marginal Funding Estimates (Over Enrolments)) (16/08/2005)

Overview

The Higher Education Funding Act 1988 was enacted to provide a legislative framework for the financial assistance provided by the Commonwealth to higher education institutions. This Act was introduced to address the need for a structured and equitable approach to funding higher education institutions based on specific criteria such as target student load and educational profiles. Enacted by the Australian Parliament, the Act facilitates the allocation of block operating grants to ensure that institutions have the necessary resources to operate effectively. The policy objective behind the Act is to maintain and enhance the quality of higher education in Australia by providing adequate funding to institutions, thereby supporting educational outcomes and accessibility. Determination No. T69 of 2004, issued under section 15 of the Higher Education Funding Act 1988, specifies the amounts of financial assistance to be paid to various institutions for their operating expenditures in the 2004 program year. This determination, made by the Minister for Education, Science and Training, is based on enrolment data submitted by institutions and takes into account adjustments for the Higher Education Contribution Scheme. The determination does not require consultation as it is considered to be of a machinery nature and does not significantly alter existing funding arrangements. It is designed to ensure that institutions receive the necessary funding to meet their operational needs, thereby supporting the overall objectives of the Higher Education Funding Act 1988.

Scope and Application

The Determination No. T69 of 2004, issued under section 15 of the Higher Education Funding Act 1988, applies to the financial assistance payable to specific higher education institutions in relation to their operating expenditures for the specified year. This determination is implemented to adjust the amount of the operating grants based on the educational profile and target student load of the institutions. It is applicable to institutions listed in the determination, which are identified as Table A institutions under the Act, and it operates within the Commonwealth jurisdiction. The funding is disbursed from the Higher Education Trust Fund and is based on the enrolment data provided by the institutions for the 2004 program year. The determination does not extend to institutions not listed and does not alter existing funding arrangements substantially. The application of the determination is limited to the specific financial year it pertains to, and it is not subject to consultation as it is considered machinery in nature.

Key Provisions

The main operative sections of the Determination No. T69 of 2004, made under section 15 of the Higher Education Funding Act 1988, specify the financial assistance amounts payable to higher education institutions for operating purposes in the 2004 program year. This financial assistance, outlined in the determination, is based on a single block operating grant which takes into account the target student load and the educational profile of the institutions. Section 15 of the Act allows the Minister to determine these amounts, and this responsibility has been delegated to the Branch Manager, Higher Education Group. The determination also adjusts for the Higher Education Contribution Scheme for the 2004 program year. The Act imposes several obligations and requirements on the parties it governs. Primarily, the Branch Manager, Higher Education Group, is tasked with determining the financial assistance amounts payable to the institutions as per the delegation made under section 112 of the Act. These determinations must be based on data provided by the institutions and must reflect the necessary adjustments for the Higher Education Contribution Scheme. Additionally, the institutions themselves must ensure the accuracy and timeliness of the data they submit, as this data directly impacts the financial assistance they receive. Failure to comply with the provisions of this determination may lead to civil or criminal consequences. However, the explanatory statement does not explicitly outline specific offences, penalties, or consequences for breach. It is likely that any breaches of the Act's provisions, including those detailed in the determination, could lead to legal action or administrative penalties as provided under the Higher Education Funding Act 1988. The penalties for breaches could include fines or other sanctions, but the exact penalties are not specified within this explanatory statement. The determination is designed to be machinery in nature, indicating that it does not substantially alter existing arrangements or require extensive consultation.