Higher Education (Designated Courses of Study) Specification 2020

Administered by Department of Education

Legislation au F2020L00924 Not in force Legislative Instrument

Legislation content

REPLACEMENT EXPLANATORY STATEMENT

 

Determination made under section 30-12 of the Higher Education Support Act 2003

 

Higher Education (Designated Courses of Study) Specification 2020

 

 

Authority

 

The Higher Education (Designated Courses of Study) Specification 2020 (Specification) is made under section 30-12 of the Higher Education Support Act 2003 (Act).

 

Purpose

 

The purpose of this Specification is to specify courses of study that are designated courses of study for the purposes of subsection 30-12(2) of the Act.

 

Commencement

 

The Specification commences on the day after it is registered on the Federal Register of Legislation.  

 

Availability of merits review

 

Merits review is unnecessary, as the purpose of this Specification is to specify courses of study that are designated courses of study for the purposes of subsection 30-12(2) of the Act. Having regard to the established grounds set out in the Administrative Review Council's Guidance document, What decisions should be subject to merit review?, these types of decision, being tantamount to a legislation-like decision of broad application (and subject to the accountability safeguards that apply to legislative decisions) are not suitable for merits review.

 

Consultation

A comprehensive, open and transparent review of the Australian Qualifications Framework (AQF) was undertaken during 2019, with a final report released in October of that year. The terms of reference included an assessment of the role of micro-credentials, such as short courses, for inclusion in the Framework. Over 130 stakeholder submissions were received in response to the discussion paper, and the expert panel undertook three rounds of stakeholder consultation, including national consultation sessions, for the review. In December 2019, the Government accepted all recommendations of the review in relation to higher education and accepted the aims of recommendations of the review in relation to vocational education, contingent on further discussions with state and territory governments. The review includes a recommendation to revise the AQF reflect general capabilities and emerging skills needs and facilitate credit recognition for shorter form credentials such as micro-credentials.

States and territories were consulted extensively as part of the process for introducing the Undergraduate Certificate (UC) as an additional qualification type into the AQF. The Government will also undertake a review of the UC before the end of 2021 to determine its suitability to become a permanent part of the AQF.

In the lead up to the announcement of the April 2020 Higher Education Relief Package, informal discussions were held with the higher education sector on the concept of introducing, on a trial basis, an accredited short course to allow people to upskill or reskill through a recognised qualification while physically isolating.

This instrument specifies courses leading to the award of an undergraduate certificate as ‘designated courses of study’ under the Act, meaning that funding can be provided for Undergraduate Certificates under that Act. The Undergraduate Certificate is a new award in the Australian Qualifications Framework (‘AQF’), providing a qualification of six months duration as part of the Australian Government’s Higher Education Relief Package in response to the COVID-19 pandemic.

 

As universities responded quickly and positively to the April 2020 Higher Education Relief Package, they were already offering a large number of short courses in a range of areas of national need by the time the Specification was drafted. As such, no additional consultation was undertaken on the Specification. In addition, more detailed consultation was not considered necessary as the Specification is beneficial to students and higher education providers.

 

Regulatory Impact Statement

 

Advice from OBPR (ID 26451) is that this is a minor proposal and a regulation impact statement is not required.

 

Explanation of the provisions

 

Section 1 provides that the name of the Specification is the Higher Education (Designated Courses of Study) Specification 2020.

Section 2 provides for the commencement of the Specification. The Specification commences on the day after it is registered on the Federal Register of Legislation.

Section 3 states that the Specification is made under subsection 30-12(2) of the Act.

Section 4 defines terms used in the Specification.

Section 5 provides that each instrument that is specified in a Schedule to the Specification is amended or repealed as set out in the Schedule.

Section 6 specifies the courses of study, in relation to Table A providers that are designated courses of study, including:

 

  (a) courses leading to an award of diploma;

  (b) courses leading to an award of advanced diploma; 

  (c) courses leading to an award of associate degree;

  (d) courses leading to an award of undergraduate certificate; and

  (e) enabling courses.

 

This means that for these courses the Government provides funding to public universities for an agreed number of Commonwealth supported places in a given year.

 

Item 1 of Schedule 1 repeals the Higher Education (Designated Courses of Study) Specification 2011.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Higher Education (Designated Courses of Study) Specification 2020

 

This Specification is compatible with 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 Specification

 

The Higher Education (Designated Courses of Study) Specification 2020 (Specification) is made under subsection 30-12(2) of the Higher Education Support Act 2003 (Act).

 

Human Rights implications

 

The Specification engages the right to education – Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

 

Right to education

 

The Specification engages the right to education contained in Article 13 of the ICESCR. The right to education recognises the important personal, societal, economic and intellectual benefits of education.

 

The Specification supports a high quality training and learning environment by subsidising tuition costs (through the Commonwealth Grant Scheme (CGS)) for higher education students across a wide range of discipline areas and qualification levels. 

In doing so, the Specification promotes the right to pursue, develop and transmit knowledge and ideas through teaching and learning.

 

Conclusion

 

This Specification is compatible with human rights because it advances the protection of human rights.

 

 

Dan Tehan

 

Minister for Education

 

Overview

The Higher Education (Designated Courses of Study) Specification 2020 is an instrument made under the Higher Education Support Act 2003, aimed at specifying courses of study that are designated courses of study for funding purposes. This specification responds to the Australian Government's Higher Education Relief Package introduced in April 2020, in the context of the COVID-19 pandemic, by allowing funding for new forms of short courses, such as Undergraduate Certificates. These courses were designed to provide opportunities for reskilling and upskilling during periods of physical isolation. The specification does not require merits review as it is considered a broad legislative decision with adequate accountability safeguards. The drafting of the specification followed extensive consultations and reviews of the Australian Qualifications Framework, ensuring it aligns with national educational needs and international human rights standards, particularly the right to education.

Scope and Application

The Higher Education (Designated Courses of Study) Specification 2020 is made under the Higher Education Support Act 2003 and specifies courses of study that are designated courses of study for the purposes of providing funding to public universities for an agreed number of Commonwealth supported places in a given year. This specification applies to courses leading to the award of a diploma, advanced diploma, associate degree, undergraduate certificate, and enabling courses, provided by Table A providers, which are higher education institutions that are eligible for Commonwealth funding. The specification does not include provisions for merits review, as it is considered a legislative-like decision of broad application, subject to accountability safeguards. The courses specified under this instrument are part of the Australian Government's Higher Education Relief Package in response to the COVID-19 pandemic, which includes the introduction of the Undergraduate Certificate as a new award in the Australian Qualifications Framework. The specification engages the right to education as contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights, by supporting a high-quality training and learning environment by subsidising tuition costs for higher education students across a wide range of discipline areas and qualification levels.

Key Provisions

The Higher Education (Designated Courses of Study) Specification 2020, made under section 30-12 of the Higher Education Support Act 2003, primarily functions to identify specific courses of study that are eligible for government funding under the Commonwealth Grant Scheme. Section 6 of the Specification delineates these courses, including diplomas, advanced diplomas, associate degrees, undergraduate certificates, and enabling courses, thereby establishing a framework for funding allocation in these educational areas (Section 6). The commencement of this Specification is set for the day following its registration on the Federal Register of Legislation, as stated in Section 2. This Specification imposes clear obligations on Table A providers, which include public universities, to offer the designated courses of study. These obligations extend to ensuring that the courses are delivered in accordance with the standards and criteria set forth by the Australian Qualifications Framework (AQF). The Specification also mandates that the courses be provided to an agreed number of Commonwealth supported places as stipulated by the government in a given academic year, thereby formalising the terms of funding and delivery (Section 5). The Specification does not explicitly outline specific offences or penalties for non-compliance. However, breaches of the obligations under the Higher Education Support Act 2003 could potentially lead to legal consequences under the Act. The Higher Education Support Act 2003 provides for both civil and criminal penalties for breaches of its provisions, including fines and imprisonment. For instance, Section 69 of the Act allows for fines up to $22,200 for individuals and $111,000 for bodies corporate, reflecting the seriousness with which non-compliance is treated. Additionally, Section 70 imposes criminal penalties for breaches of the Act, including imprisonment for up to two years.

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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.