EXPLANATORY STATEMENT
Determination made under section 46-40 of the Higher Education Support Act 2003
Issued by the authority of the Minister for Education
Subject:- Higher Education Support Act 2003
Higher Education (Maximum Amounts for Commonwealth Scholarships) Determination 2013
Authority
Subsections 46-40(2) and (3) of the Higher Education Support Act 2003 (the Act) provide that, the Minister may, by legislative instrument, determine the total payments made under Part 2-4 in respect of a year starting on or after 1 January 2013 but before 1 January 2017 and the Minister must determine, by legislative instrument, the total payments made under that Part in respect of a year starting on or after 1 January 2017 before the start of that year.
Purpose
The determination sets out:
- the maximum amounts of all grants for Commonwealth Scholarships for the 2014 to 2017 calendar years.
Consultation
Consultation was not undertaken as amounts for other grants have been determined according to measures included in the Budget.
Commencement
The determination is a Legislative Instrument under the LIA. The instrument takes effect on the day after it is registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Higher Education (Maximum Amounts for Commonwealth Scholarships) Determination 2013
This Legislative Instrument 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 Legislative Instrument
Subsection 46-40(2) of the Higher Education Support Act 2003 (the Act) provides that the Minister may, by legislative instrument, determine the total payments made under Part 2-4 in respect of a year starting on or after 1 January 2013 but before 1 January 2017. Subsections 46-40(3) and (4) provide that the Minister must determine, by legislative instrument, the total payments made under that Part in respect of a year starting on or after 1 January 2017 before the start of that year.
The determination sets out the maximum amounts of all grants for Commonwealth Scholarships for the 2014 to 2017 calendar years.
Human Rights implications
Right to Education
The Instrument engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.
The Minister is required to determine the maximum amounts payable by calendar year for Commonwealth Scholarships. By doing so, the Legislative Instrument will promote the right to education by increasing the amount of funding available through Commonwealth Scholarships in accordance with the table in subsection 46-40(1) of the Act. As the purposes of the Commonwealth Scholarships include the payment of scholarships to students either directly, indirectly or for post graduate research scholarships, the Legislative Instrument enables access to education and therefore will be compatible with human rights. The maximum amounts are capped having regard to reasonable, necessary and proportionate constraints on spending.
To the extent that the right to education is engaged, this right is promoted as the measures in the Instrument aim to improve the integrity of the higher education sector.
Conclusion
This Legislative Instrument is compatible with human rights.
The Hon Christopher Pyne MP, Minister for Education