Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017

Administered by Department of Education

Legislation au F2017L01287 In force Legislative Instrument

Legislation content

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.

Overview

The Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017 was enacted to address the gap left by the sunsetting of the previous determination, which prevented postgraduate research students from being charged student contribution amounts. The Higher Education Support Act 2003 empowers the Minister to specify certain courses of study that are ineligible for Commonwealth support. This Determination continues the policy of exempting Research Masters and Doctoral degrees from the student contribution amounts, aligning with the provision of financial support through the Research Training Program. The Minister for Education and Training issued this instrument, which is compatible with the human rights and freedoms recognised under the International Covenant on Economic, Social and Cultural Rights, promoting equitable access to higher education.

Scope and Application

The Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017 applies to students who are enrolled in Research Masters degrees and Research Doctoral degrees, specifying that these students are ineligible for enrolment as Commonwealth supported students. This means that students undertaking these higher research degrees are not charged student contribution amounts for their units of study. The instrument, made under the Higher Education Support Act 2003, replaces a previous determination that is due to sunset on 1 October 2007 and has the same effect. It applies nationally as a Commonwealth instrument, impacting students across all states and territories in Australia. There are no stated exclusions or exemptions in this Determination, and it does not extend or restrict its application through subordinate instruments.

Key Provisions

The Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017, under section 5, specifies that Research Masters degrees and Research Doctoral degrees are not courses in which students may be enrolled as Commonwealth supported students (section 5(a) and (b)). This means that postgraduate research students at both Masters and Doctoral levels are not required to pay student contribution amounts for their studies. The savings provision in section 6 ensures that students already enrolled in these research degrees prior to the commencement of this determination will continue to be regarded as not having been enrolled as Commonwealth supported students. The Act imposes specific obligations on higher education providers and students. Higher education providers must ensure that students enrolled in Research Masters and Research Doctoral degrees are not charged student contribution amounts, instead relying on financial support through block grants under the Research Training Program. Students, on the other hand, must comply with the terms of their enrolment, recognising that their research degrees are not covered under Commonwealth support. The Act does not explicitly outline specific offences, penalties, or civil or criminal consequences for non-compliance with these provisions. However, failure to adhere to the terms of this determination could potentially lead to financial discrepancies and disputes, which might require resolution through administrative or judicial processes. The overarching legal framework provided by the Higher Education Support Act 2003 would likely govern any corrective measures or penalties that might be applied in such cases.

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Education Law
Instrument
Determination
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Rights & Protections

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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.