EXPLANATORY STATEMENT
Declaration issued under paragraph 36-35(1)(b) of the Higher Education Support Act 2003
Issued by the authority of the Minister for Education, Science and Training
Subject:- Higher Education Support Act 2003
Percentage of Commonwealth supported places to be provided by Table A providers for a course of study in medicine
Authority
Paragraph 36-35(1)(b) of the Higher Education Support Act 2003 (the Act) requires a higher education provider to ensure that the number of Commonwealth supported places accounts for at least the percentage, declared by the Minister in writing, of the total places provided by the provider for domestic students in each course of study in medicine.
Purpose and operation
The existing declaration is being revoked and a new declaration is being made so that for each provider, the percentage referred to in paragraph 36-35(1)(b) of the Act, is 75% or the percentage calculated using the formula below, whichever is the higher:
{[the number of Commonwealth supported places occupied by continuing domestic students plus 75% of the number of places occupied by commencing domestic students of the provider] divided by the total number of places occupied by domestic students of the provider} x 100
All of the numbers refer to medical courses for the provider in the relevant year.
Commencement
The declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and will take effect the day after registration on the Federal Register of Legislative Instruments.
Consultation
The policy of setting a ten per cent cap on the number of domestic fee paying medical places was developed as part of the Backing Australia’s Future reforms which involved extensive consultation with the sector. At the time, the Australian Government indicated that the percentage may change over time should the need arise. The Council of Australian Governments agreed at its meeting on 10 February 2006 that the cap be increased to 25 per cent.
Overview
The Higher Education Support Act 2003 was enacted to address the need for regulating the provision of Commonwealth supported places for domestic students in higher education, particularly in medical courses. The Act was established by the Parliament of Australia to ensure that a certain percentage of these places is maintained by higher education providers. In this context, the Explanatory Statement issued under paragraph 36-35(1)(b) of the Act details a declaration made by the Minister for Education, Science and Training. This declaration mandates that each higher education provider must ensure the number of Commonwealth supported places for domestic students in medicine courses meets at least 75% of the total places, or the percentage calculated by a specific formula, whichever is higher. This legislative instrument aims to refine and update the existing framework for these places, reflecting the policy objective to maintain a balance between supported and fee-paying places, thereby responding to the evolving needs of the sector. The declaration will come into effect following its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Higher Education Support Act 2003 applies to higher education providers, specifically Table A providers, which must ensure a certain percentage of Commonwealth supported places for domestic students in medicine courses. This obligation is detailed in paragraph 36-35(1)(b) of the Act and pertains to the total places offered by each provider for domestic students in medicine. The Act applies nationally as it is a Commonwealth legislation, impacting all higher education institutions across Australia. The declaration issued under this Act sets a new requirement, mandating that the number of Commonwealth supported places must account for at least 75% or the percentage calculated using a specific formula, whichever is higher. This formula considers both commencing and continuing domestic students within the provider's medical courses for the relevant year. The declaration, which serves as a legislative instrument, will come into effect the day after its registration on the Federal Register of Legislative Instruments. The policy change, which involved extensive consultation with the education sector, was developed as part of the Backing Australia’s Future reforms, with an agreement to increase the cap on domestic fee-paying medical places from ten percent to twenty-five percent.
Key Provisions
The key provisions of the legislation are outlined in paragraph 36-35(1)(b) of the Higher Education Support Act 2003. This paragraph mandates that higher education providers must ensure that the number of Commonwealth supported places for domestic students in each course of study in medicine accounts for at least the percentage declared by the Minister in writing. The Explanatory Statement specifies that this percentage is either 75% or the percentage calculated using the provided formula, whichever is higher. This formula involves the number of Commonwealth supported places occupied by continuing domestic students plus 75% of the number of places occupied by commencing domestic students, divided by the total number of places occupied by domestic students, multiplied by 100. This declaration is designed to ensure that each provider meets the minimum requirement for Commonwealth supported places in medical courses.
The obligations imposed on the parties governed by this Act include ensuring compliance with the percentage of Commonwealth supported places as stipulated. Higher education providers must calculate the percentage of Commonwealth supported places and ensure it meets or exceeds the required threshold. They must also ensure that their medical courses for domestic students align with the provisions outlined in the declaration. The obligation extends to maintaining accurate records and reporting these figures as required by the Act, ensuring transparency and accountability in the provision of medical education.
Failure to comply with the provisions of the Higher Education Support Act 2003 may result in civil or criminal consequences. Although the Explanatory Statement does not specify the exact penalties, breaches of the Act could potentially lead to legal action. Civil penalties could include fines or other monetary penalties, while criminal penalties could involve imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined in accordance with the general provisions of the Act and applicable legal frameworks. It is imperative for higher education providers to adhere to these requirements to avoid any adverse legal consequences.