EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Education and Training
Higher Education Support Act 2003
Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017
Purpose
The purpose of this instrument is to specify that postgraduate research courses at either a Masters or Doctoral level are not courses of study in respect of which students may be enrolled as Commonwealth supported students. This has the effect of preventing these students from being charged a student contribution amount for units of study that form part of their research degree.
Background
Under paragraph 36-15(2)(b) of the Higher Education Support Act 2003 (the Act), the Minister may determine that specified courses of study are not courses in which students, or students of a specified type, may be enrolled in units of study in those courses as Commonwealth supported students.
The Higher Education Support Act 2003 – Determination under subsection 36-15(2)(b) made on 19 August 2004 (F2007B01075) (Previous Instrument) specifies that Research Masters Degree and Research Doctoral degree are types of courses in respect of which a student may not be enrolled in units of study as a Commonwealth supported student.
As a result of the Previous Determination, which is due to sunset on 1 October 2017, postgraduate research students – both at the Masters and Doctoral levels – cannot be charged student contribution amounts.
Financial support for students completing higher degrees by research is instead provided via block grants to higher education providers as part of the Research Training Program.
Consultation
As this instrument is repealing and replacing the Previous Instrument, which is due to sunset on 1 October 2017, and because this instrument is beneficial to those students affected, no public consultation was undertaken.
Regulatory Impact Statement
The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR ID 22758).
Explanation of Provisions
Section 1 – Name
This section provides that the name of the instrument is the Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017.
Section 2 – Commencement
This section provides that the instrument commences on the day it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the authority for the instrument is paragraph 36-15(2)(b) of the Act.
Section 4 – Revocation
This section provides that the Previous Instrument is revoked.
Section 5 – Courses of study determined not to be courses in respect of which students may be enrolled in units of study as Commonwealth supported students
This section provides that the following courses of study are not courses of study in respect of which students may be enrolled in units of study as Commonwealth supported students:
(a) Research Masters degree; and
(b) Research Doctoral degree.
The effect of this is that postgraduate research students – both at the Masters and Doctoral levels – cannot be charged student contribution amounts.
Section 6 – Savings provision
This instrument is being made in the same terms as the Previous Instrument and the effect of the savings provision is to make it clear that any students who were enrolled in units of study in Research Masters degree and Research Doctoral degree courses of study prior to the commencement of this instrument will continue to be regarded as not having been enrolled in those units of study as Commonwealth supported students.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017
This 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 instrument
This instrument is made under paragraph 36-15(2)(b) of the Higher Education Support Act 2003 and determines that Research Masters degrees and Research Doctoral degrees (which are described in the Australian Qualifications Framework) are courses of study in respect of which students may not be enrolled as Commonwealth supported students.
The effect of this is that students undertaking higher level research degrees may not be charged student contribution amounts in respect of these courses.
This instrument repeals and replaces the Higher Education Support Act 2003 – Determination under subsection 36-15(2)(b) made on 19 August 2004 (F2007B01075) (the Previous Instrument). This instrument is made in the same terms as the Previous Instrument, which is due to sunset on 1 October 2017.
Human rights implications
Right to education
Article 13 of the International Covenant on Economic, Social and Cultural Rights recognises the important personal, societal, economic and intellectual benefits of education. Article 13(2)(c) recognises that, for the full realisation of the right to education, higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means.
By specifying that higher degree by research courses are not courses in which a student may be enrolled as a Commonwealth supported student, this instrument ensures that they are not charged student contribution amounts for their study – thereby promoting access to higher education on the basis of capacity.
This instrument is compatible with the right to education.
Conclusion
This instrument is compatible with human rights.