Higher Education Support Act 2003 - Amendment No. 12 to the Commonwealth Grant Scheme Guidelines No. 1 (16/10/2012)

Overview

The Commonwealth Grant Scheme Guidelines, amended by Amendment No. 12 to the Commonwealth Grant Scheme Guidelines No.1, were issued under section 238-10 of the Higher Education Support Act 2003. This Act was enacted to provide financial assistance for higher education and to set out the scheme for the Commonwealth's financial support of higher education providers. The guidelines were introduced to update the Department’s name due to changes in the Machinery of Government, adjust the transitional loading following an amendment of the Act that removed the lower student contribution for certain units, and correct an error in the numbering of a guideline paragraph. The purpose of these amendments is to ensure that the guidelines remain effective and accurate in accordance with the current legislative framework. The instrument was issued by the Minister for Tertiary Education, Skills, Science and Research and is compatible with human rights as it aims to improve the quality of higher education. These amendments are minor and technical, thus consultation was not deemed necessary. The changes include updating the Department’s name to reflect recent government structural changes, modifying a formula to remove a temporal restriction on consulting providers, and correcting a duplication in guideline numbering. The instrument will come into effect on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Commonwealth Grant Scheme Guidelines, as amended by Amendment No. 12 to the Commonwealth Grant Scheme Guidelines No.1, apply to non-Table A higher education providers eligible for grants under Part 2-3 of the Higher Education Support Act 2003. The guidelines govern the distribution of grants to these providers, detailing the conditions under which advances can be made, how funding clusters are determined, and the calculations for regional, enabling, transitional, and medical loadings, as well as facilitation funding. The amendment primarily serves to update the Department's name in response to recent Machinery of Government changes, correct a duplication in the numbering of a specific paragraph, and adjust the formula in paragraph 11.3.2 to remove a temporal limitation in consulting relevant providers. These guidelines, which are issued under section 238-10 of the Act, have a national jurisdictional reach as they pertain to the Commonwealth Grant Scheme that operates across Australia. The amendments are minor and technical, thereby not requiring extensive consultation. The guidelines do not specify any exclusions or exemptions, though the application of the grants and funding may inherently exclude certain providers or activities not meeting the specified criteria.

Key Provisions

The Commonwealth Grant Scheme Guidelines No.1 (the Guidelines) are amended by the Minister under section 238-10 of the Higher Education Support Act 2003 (the Act). These amendments primarily update the Department’s name due to recent Machinery of Government changes, correct a duplication in the numbering of paragraph 6.10.5, and adjust the formula in paragraph 11.3.2 by removing the words 'before the end of the preceding year'. These changes ensure that the Guidelines reflect current administrative structures and correct technical errors. Specifically, Item 1 updates the Department’s name in the definitions section, while Items 2, 4, and 6 update the Department’s name throughout the Guidelines. Item 3 corrects the numbering error by removing the duplicate paragraph 6.10.5 and substituting it with new paragraph 6.10.10, which details that the number of EFTSL coded as enabling student load will be that reported by the higher education provider and finalised by the Department. Item 5 further updates the Department’s name and removes the time limitation in paragraph 11.3.2, allowing the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE) to consult with relevant providers at any time to determine an estimated EFTSL of post-2008 mathematics, statistics, and science units. The amendments impose several obligations on higher education providers. They must now comply with the updated name of the Department in all references within the Guidelines. Providers must also report their EFTSL figures accurately, ensuring that the number of EFTSL coded as enabling student load is finalised by the Department as specified in paragraph 6.10.10. Furthermore, the removal of the time limitation in paragraph 11.3.2 means providers must be prepared to engage with the Department at any time for consultations related to the estimated EFTSL of post-2008 mathematics, statistics, and science units. These changes ensure that providers remain compliant with the Guidelines, facilitating accurate reporting and consultation processes. Failure to comply with the Guidelines may result in various consequences. Although the Guidelines themselves do not explicitly state penalties for non-compliance, the Higher Education Support Act 2003 provides the legal framework under which non-compliance can be addressed. Non-compliance with the Act’s provisions may lead to financial penalties, the withholding of grants, or other administrative actions as deemed appropriate by the Department. The precise penalties would depend on the specific nature and severity of the non-compliance, as well as any additional regulations or directives issued under the Act.