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
Overview
The Higher Education Support Act 2003, enacted by the Parliament of Australia, addresses the need to regulate and provide financial support for higher education within the country. This legislation enables the government to set parameters for financial assistance, including scholarships, to ensure that students have access to quality education. The Higher Education (Maximum Amounts for Commonwealth Scholarships) Determination 2013, made under section 46-40 of the Act, was introduced to define the maximum amounts for Commonwealth Scholarships from 2014 to 2017, ensuring the integrity and sustainability of the higher education funding system. This legislative instrument was issued by the Minister for Education and is designed to promote the right to education by increasing funding availability through Commonwealth Scholarships, thereby supporting access to education and the integrity of the higher education sector.
Scope and Application
The Higher Education (Maximum Amounts for Commonwealth Scholarships) Determination 2013, issued under the authority of the Minister for Education, applies to the determination of maximum amounts for Commonwealth Scholarships as specified in the Higher Education Support Act 2003. The Act authorises the Minister to set these maximum amounts through a legislative instrument for years starting on or after 1 January 2013 but before 1 January 2017, and mandates the Minister to determine these amounts for years starting on or after 1 January 2017 before the commencement of each such year. The determination sets the maximum scholarship grants for the 2014 to 2017 calendar years. The Act applies to Commonwealth Scholarships, which are designed to enhance access to higher education by providing financial assistance to students undertaking undergraduate, postgraduate coursework, and postgraduate research degrees. The determination applies nationally within the Commonwealth of Australia. The Legislative Instrument was issued without consultation as it aligns with measures previously included in the Budget. The instrument is compatible with human rights, particularly the right to education, as it facilitates increased funding for scholarships, thereby promoting access to higher education. The instrument takes effect on the day after it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The Higher Education (Maximum Amounts for Commonwealth Scholarships) Determination 2013 (the Determination) outlines the maximum amounts for Commonwealth Scholarships for the years 2014 to 2017. This Determination is issued under the authority of the Higher Education Support Act 2003 (the Act) and specifically under subsections 46-40(2) and (3) (subsections 46-40(2) and (3)). It sets the total payments that can be made for these scholarships within the specified period.
Entities and individuals affected by this Determination, such as scholarship applicants, educational institutions, and scholarship administrators, must comply with the maximum amounts stipulated. Educational institutions providing scholarship opportunities must ensure that the total payments made to scholarship recipients do not exceed the amounts specified in the Determination. Scholarship administrators are required to verify and manage scholarship payments to adhere to these maximum amounts.
The Act does not explicitly state any offences or penalties for non-compliance with the maximum amounts for Commonwealth Scholarships. However, any deviation from the stipulated limits could potentially lead to financial discrepancies or improper use of funds. While the Determination itself does not provide for specific penalties, institutions or administrators who fail to comply with these maximum amounts might face scrutiny, financial audits, or other corrective measures by the Department of Education and Training or relevant authorities. It is important for entities involved to ensure strict adherence to these limits to avoid any potential legal or financial repercussions.