EXPLANATORY STATEMENT
Guidelines issued under section 238-10 of the Higher Education Support Act 2003
Amendment No.9 to the Commonwealth Grant Scheme Guidelines No.1
Issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations.
Subject: Higher Education Support Act 2003
Amendment No.9 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 providing for matters required or permitted by the Act necessary or convenient to be provided in order to carry out or give effect to the Act. In particular item 2 of section 238-10 specifies the Minister may make 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
This legislative instrument amends the Commonwealth Grant Scheme Guidelines No.1 which was registered on 12 December 2006 and which commenced on 13 December 2006 (see F2006L04079). A compilation (see F2011C00839) was registered on 18 October 2011 taking into account amendments up to Amendment No. 8 to the Commonwealth Grant Scheme Guidelines No.1 (see F2011L01816).
Background
The amendments to the Commonwealth Grant Scheme Guidelines No.1 are necessary to reflect the recent amendments to the Act by the Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Act 2011, which implements a demand driven system for funding undergraduate places at public universities.
Universities will now be able to determine the number of students that they choose to enrol in undergraduate courses, with the exception of courses in medicine. Postgraduate courses of study will continue to be allocated by the Government.
The student learning entitlement (SLE) which currently limits a student to the equivalent of approximately seven years full-time study as a Commonwealth supported student will be abolished.
There will also be a requirement for Table A and Table B providers to have institutional policies in place to promote and protect free intellectual inquiry in learning, teaching and research.
Overview of the amendments to the Commonwealth Grant Scheme Guidelines No.1
Chapter 5
Item 1 - Section 5.1.1 provides an overview of the chapter. This section has been amended to update the legislative reference for medical loading.
Item 2 - Section 5.5 has been amended to update the legislative reference in the heading.
Item 3 - Section 5.5.5 has been amended to take account of changes made to section 30-10 of the Act.
Chapter 6
Item 4 - Section 6.1.1 provides an overview of the chapter. This section has been amended to update the legislative reference for enabling loading.
Item 5 – Section 6.10.1 sets out how the amount of enabling loading payable to a provider, for a year, is calculated. This section has been amended to update the name of the Department to the Department of Education, Employment and Workplace Relations.
The formula for calculating enabling loading has also been amended in light of the introduction of the demand driven funding system.
Item 6 – This section has been amended to update the name of the Department to the Department of Education, Employment and Workplace Relations.
Chapter 11
Item 7 - Section 11.1.1 provides an overview of the chapter. This section has been amended to update the legislative reference for transitional loading.
Item 8 – Section 11.2.1 provides that the amount of transitional loading payable to a provider for a year must be worked out in accordance with section 11.3. This section has been amended to update the legislative reference.
Commencement
This legislative instrument will come into effect on 1 January 2012.
Consultation
The recent amendments to the Act by the Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Act 2011 gave effect to 2009‑10 Budget measures and reflect the Government’s response to the Review of Australian Higher Education. As part of the Review, extensive consultation was undertaken with the higher education sector, including higher education providers, peak bodies, state and territory governments and other key stakeholders.
The provisions of the legislative instrument are intended to ensure the Commonwealth Grant Scheme Guidelines No.1 reflect the legislative changes to the Act. On this basis consultation was not considered necessary and was not undertaken.