Higher Education (Designated Courses of Study) Specification 2011

Overview

The Higher Education (Designated Courses of Study) Specification 2011, enacted under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, is a legislative instrument designed to address a specific gap in the allocation of Commonwealth supported places within the higher education sector. This specification was introduced to ensure that all courses leading to a diploma, advanced diploma or associate degree qualification and enabling courses are recognised as designated courses of study for the purposes of the Higher Education Support Act 2003. This legislative action was taken to facilitate the allocation of Commonwealth funding for these courses under paragraph 30-10(1)(a) of the Act. By specifying these courses, the government aims to better manage and fund higher education initiatives aligned with national skills and employment objectives. The specification came into effect from the 2012 grant year, following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Higher Education (Designated Courses of Study) Specification 2011 is a legislative instrument issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, and it operates in accordance with subsection 30-12(2) of the Higher Education Support Act 2003. This Determination aims to specify all higher education courses that lead to a diploma, advanced diploma or associate degree qualification and enabling courses as designated courses of study in relation to a Table A provider. This enables the Government to allocate Commonwealth supported places to Table A providers under paragraph 30-10(1)(a) of the Act. The courses specified in the Determination are subject to funding agreements between higher education providers and the Commonwealth, which will determine the number of places in these courses for which the Government will provide funding from 2012 onwards. The Minister consulted with the Vice Chancellors of affected institutions before issuing this Determination, which will apply to the 2012 grant year and subsequent years. This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and will commence on the day after registration on the Federal Register of Legislative Instruments.

Key Provisions

The Higher Education (Designated Courses of Study) Specification 2011 (the Determination) specifies the courses of study that are designated for the purposes of the Higher Education Support Act 2003 (the Act) (sections 1, 2). These courses include those leading to a diploma, advanced diploma, or associate degree, as well as enabling courses. This specification allows the Government to allocate Commonwealth supported places to Table A providers under section 30-10(1)(a) of the Act. Under the Determination, the Minister has specified that certain higher education courses are designated courses of study, enabling the Government to allocate Commonwealth supported places to providers for these courses (section 3). This allocation is integral to the funding agreements between higher education providers and the Commonwealth, which from 2012 onwards will specify the number of places in these designated courses for which the Government will provide Commonwealth funding. The courses specified are intended to support the implementation of a demand-driven system of higher education funding. Providers of higher education, specifically Table A providers, are required to adhere to the provisions of the Determination in their dealings with the Commonwealth under the Act (section 4). This includes ensuring that the courses they offer align with the specified designated courses of study, thereby qualifying them for Commonwealth funding allocations. The providers must also comply with the terms of the funding agreements that will detail the number of Commonwealth supported places available for each designated course. Failure to comply with the requirements of the Determination may result in legal consequences for the providers. While specific penalties are not detailed within the Determination itself, breaches of the Act or the associated funding agreements could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. The Act provides for various sanctions, including financial penalties and legal action, to enforce compliance with its provisions.