EXPLANATORY STATEMENT
Guidelines issued under subsection 238-10 of the Higher Education Support Act 2003
Amendment No.6 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.6 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 at
section 238‑10 specifies that the Minister may make the Commonwealth Grant Scheme Guidelines to give effect to matters set out in Part 2-2 and section 93-10 of the Act.
Purpose and operation
The Commonwealth Grant Scheme Guidelines No.1 commenced on 13 December 2006 and are being amended for the sixth time.
The purpose of this amendment is to repeal chapters enabled by sections in the Act that have been repealed and to give effect to a 2009-10 Budget measure by introducing a new funding cluster for ‘education’. The 2009-10 Budget measure adds the funding provided previously under the Improving the Practical Component of Teacher Education Program to funding for education units of study under the Commonwealth Grant Scheme from 2010. This requires those units of study to be identified in a separate funding cluster.
Explanation of amendments
Item 1 – Amendments to Table of Contents
The Table of Contents is being amended to reflect the changes made by items 2 and 3 below.
Item 2 – Repeal Chapter 7
Chapter 7, Reduction in assistance for higher education providers failing to meet certain requirements, specifies requirements under section 33-17 of the Act for the National Governance Protocols Requirements and the Higher Education Workplace Relations Requirements for higher education providers that receive funding under the Commonwealth Grant Scheme.
This chapter is being repealed as section 33-17 of the Act was repealed by the Higher Education Support Amendment (Removal of the Higher Education Workplace Relations Requirements and National Governance Protocols Requirements and Other Matters) Act 2008.
Item 3 – Repeal Chapter 8
Chapter 8, Adjustments, specifies the circumstances under which an eligible higher education provider’s basic grant amount for a year is to be adjusted, under section 33-20 of the Act.
The chapter is being repealed as section 33-20 of the Act was repealed by the Higher Education Legislation Amendment (2007 Budget Measures) Act 2007.
Item 4 - Amendment to Chapter 9
Chapter 9, Determining the funding clusters, specifies how to determine the funding clusters, or particular parts of funding clusters, in which units of study are included or the particular funding cluster, or a particular part of a funding cluster, in which a particular unit of study is included for the purposes of the Act.
The amendment to Chapter 9 removes ‘education’ from ‘Funding Cluster 3 - Mathematics, statistics, behavioural science, social studies, education, computing, built environment, other health’ and creates a new ‘Funding Cluster 4 -Education’. The current funding clusters 4 through to 7 are renumbered 5 through to 8.
The amendment also retains the previous funding clusters and parts of funding clusters for certain purposes relating to adjustments to providers’ basic grant amounts for enrolments prior to 2010 and relating to maximum student contribution amounts for students covered by previous arrangements.
Commencement
Amendment No. 6 to the Guidelines will take effect on 1 January 2010.
Consultation
No consultation was undertaken on the substantive amendment to the Guidelines as it is a technical amendment necessary to implement a 2009-10 Budget measure. The 2009-10 Budget measures for higher education reflect the Government’s response to the Review of Australian Higher Education. The Review involved extensive consultation with the higher education sector, including higher education providers, peak bodies, state and territory governments and other key stakeholders. The consultation involved a public submission process and face to face consultations in capital cities and regional areas. Details of the consultations were provided in the Review report that was published in December 2008. Other technical amendments reflect previous amendments to the Act.