EXPLANATORY STATEMENT
Guidelines made under subsection 238-10 of the Higher Education Support Act 2003.
Amendment No. 2 to the
Commonwealth Grant Scheme Guidelines No. 1
Issued by the authority of the Minister for Education
Subject: Higher Education Support Act 2003
Amendment No. 2 to the Commonwealth Grant Scheme Guidelines No. 1
Authority
Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make guidelines for the purposes of the Act. In particular, item 2 of the table in subsection 238-10(1) of the Act states that the Minister may make Commonwealth Grant Scheme Guidelines so as to give effect to matters set out in part 2-2 of the Act.
Background
The Commonwealth Grant Scheme Guidelines No 1 were registered on 12 December 2006, commencing on 13 December 2006; they were amended on 5 September 2007 with amendments commencing on 6 September 2007 and 1 January 2008. The guidelines are now being amended for the second time.
Purpose and Effect
Chapter 7 - Increases in Assistance for Higher Education Providers Meeting Certain Requirements sets out two sets of requirements:
- the National Governance Protocols (NGPs); and
- the Higher Education Workplace Relations Requirements (HEWRRs);
that higher education providers eligible for grants under the Commonwealth Grant Scheme (CGS) must satisfy under subsection 33-17(1) of the Act in order to avoid a reduction in their respective "basic grant amounts" for the year in question. Chapter 7 also sets out the date by which higher education providers must comply with these requirements.
The amendment deletes Chapter 7 in its entirety, with the effect of rendering section 33-17 of the Act ineffectual, pending its repeal as currently proposed in the Higher Education Support Amendment (Removal of the Higher Education Workplace Relations Requirements and National Governance Protocols Requirements and other matters) Bill 2008.
Consultation
This amendment to the Commonwealth Grant Scheme Guidelines No. 1 is being made in accordance with the Government’s election commitments. As the interests of higher education providers will not be adversely affected by this amendment, consultation with the sector was not considered necessary.
Commencement
This amendment commences on the day after the day on which it is registered on the Federal Register of Legislative Instruments.