Higher Education Support Act 2003 - Other Grants Guidelines (Education) 2008 (DEEWR) - Amendment No. 2

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2009L02602 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Guidelines issued under section 238-10 of the Higher Education Support Act 2003

 

Amendment No 2 to the Other Grants Guidelines (Education) 2008 (DEEWR)

 

 

Issued by the authority of the Acting Minister for Education

 

 

Subject:  Higher Education Support Act 2003

Other Grants Guidelines (Education) 2008 (DEEWR)

 

Authority

 

Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may, by legislative instrument, make guidelines providing for matters required or permitted by the Act or necessary or convenient to be provided in order to carry out or give effect to the Act.  In particular subsection 238-10(1) specifies the Minister may make Other Grants Guidelines to give effect to matters set out in Part 2-3 of the Act.

 

Section 41-15 of the Act provides that the Other Grants Guidelines may specify one or more programs under which grants for particular purposes specified in the table in subsection 41-10(1) are to be paid.

 

Purpose and operation

 

The purpose of this instrument is to amend the Higher Education Support Act 2003 – Other Grants Guidelines (Education) 2008 (DEEWR) (‘the Guidelines’) dated 11 November 2008 (see F2008L04362) which was registered on the Federal Register of Legislative Instruments on 26 November 2008 and which commenced on 27 November 2008.

 

Item 1 repeals the current Chapter 6 of the Guidelines in their entirety and replaces it with a new Chapter 6. New Chapter 6 provides for matters in order to make grants to assist with the cost of providing the professional experience component of teacher education.

Background

The purpose of this amendment to Chapter 6 is to revise the provisions of the program, Improving the Practical Component of Teacher Education (“IPCTE”).  The IPTCE is a program from which grants to assist with the cost of providing the professional experience component of teacher education may be paid to eligible higher education providers, in accordance with item 8A of the table in subsection 41-10(1) of the Act.

 

Explanation of the provisions

Sections 6.1 and 6.5 set out the IPCTE Program's purpose and objectives.

 

Section 6.10 sets out the amount of funds allocated to the IPCTE Program for 2009 and provides that this amount is subject to indexation in accordance with Part 5-6 of the Act. 

 

Section 6.15 sets out the requirement to be satisfied by eligible higher education providers for the provision of grants under the IPCTE Program. Higher education providers must offer a minimum of 80 days of professional experience for all three or four year pre-service teacher education courses, a minimum of 60 days of professional experience for all two year courses, and a minimum of 45 days of professional experience for all one year courses.

 

For students who commenced a pre-service teacher education course prior to 2008, the higher education provider must offer these students an increased number of professional experience days on a proportional basis to bring the course into line with the minimum requirement of 80 days of professional experience for all three or four year pre-service teacher education course, a minimum of 60 days for all two year per-service teacher education course and a minimum of 45 days for all one year courses.

 

Paragraph 6.15.1 provides that students enrolled in double-degrees where one of the degrees is for a pre-service teacher education program, shall be considered to be undertaking a two year program for which their higher education provider must offer a minimum of 60 days of professional experience to the relevant students.

 

Paragraph 6.15.5 provides that all eligible higher education providers will be issued with Conditions of Grant which will set out the conditions on which the grant is made.

 

Paragraph 6.15.10 set out the requirement that all higher education providers must certify on an annual basis that their pre-service teacher education courses meet the requirements of the Guidelines and they have undertaken quality assurance and enhancement of the practical component of their pre-service teacher education courses by demonstrating certain elements. 

 

Paragraph 6.15.15 provides that all eligible higher education providers must have a plan in place for the implementation of the new graduate professional standards when they are introduced. 

 

Section 6.20 specifies the bodies corporate that are eligible for IPCTE grants. These bodies are all Table A providers, Table B providers and the higher education providers: Avondale College, Tabor College and Christian Heritage College.

 

Consultation

 

Higher education providers were widely consulted during the implementation of the IPCTE program in 2007 and 2008. Consultation on the amendments contained in Item 1 were undertaken with the Australian Council of Deans of Education and its input was incorporated in these amendments.

 

 

Commencement

 

The amendment to the Guidelines will take affect the day after it is registered on the Federal Register of Legislative Instruments.

 

 

Overview

The Higher Education Support Act 2003, enacted by the Australian Parliament, was introduced to provide support for higher education providers and students in Australia. The Act aimed to ensure that the higher education sector is accessible, affordable, and of high quality, providing financial support for students and institutions. The guidelines issued under section 238-10 of this Act allow the Minister to make legislative instruments that provide for matters required or permitted by the Act. One such guideline is the Amendment No 2 to the Other Grants Guidelines (Education) 2008 (DEEWR), which aims to revise the provisions of the Improving the Practical Component of Teacher Education (IPCTE) program. This amendment, issued by the authority of the Acting Minister for Education, seeks to address the need for a more consistent and high-quality professional experience component in teacher education courses. The policy objective of this amendment is to ensure that all higher education providers offering pre-service teacher education courses meet specific minimum professional experience requirements for students.

Scope and Application

The amendment to the Other Grants Guidelines (Education) 2008, issued under the authority of the Higher Education Support Act 2003, is specifically targeted at eligible higher education providers who offer pre-service teacher education courses. These providers include Table A and Table B providers, as well as Avondale College, Tabor College, and Christian Heritage College. The amendment revises the provisions of the Improving the Practical Component of Teacher Education (IPCTE) Program, which aims to provide grants to assist with the cost of the professional experience component of teacher education. The geographic and jurisdictional reach of this amendment is nationwide, as it is issued by the Commonwealth of Australia. The primary exclusion from eligibility pertains to higher education providers that do not meet the minimum professional experience requirements or fail to comply with the conditions of grant and quality assurance processes outlined in the Guidelines. The amendment also incorporates feedback from consultations with higher education providers and the Australian Council of Deans of Education. This legislative instrument will be effective from the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation detail the specific requirements and permissions set out in the Higher Education Support Act 2003 – Other Grants Guidelines (Education) 2008 (DEEWR). Section 6.10 (referenced in the Explanatory Statement) specifies the purpose and objectives of the Improving the Practical Component of Teacher Education (IPCTE) Program, which is the primary focus of these guidelines. This section outlines the financial allocation for 2009 and notes that this amount is subject to indexation as per Part 5-6 of the Act. Section 6.15 details the professional experience requirements that higher education providers must meet to be eligible for grants. For instance, it mandates a minimum of 80 days of professional experience for three or four-year pre-service teacher education courses, 60 days for two-year courses, and 45 days for one-year courses. Additionally, it specifies adjustments for students who began their courses before 2008 to meet these new requirements proportionally. Section 6.20 identifies the eligible higher education providers for these grants, including Table A and Table B providers as well as specific institutions such as Avondale College, Tabor College, and Christian Heritage College. The obligations imposed by these guidelines on the parties governed by them are comprehensive and include several key requirements. Higher education providers must ensure that their pre-service teacher education courses meet the stipulated professional experience days as outlined in Section 6.15. This includes offering a proportional increase for students who commenced their courses before 2008. Moreover, Section 6.15.5 mandates that all eligible providers will receive Conditions of Grant which detail the specific conditions under which the grants are made. Additionally, providers must annually certify that their courses meet the requirements of the Guidelines and that they have undertaken quality assurance and enhancement of the practical components of their courses. This certification involves demonstrating certain elements as specified in the Guidelines. Furthermore, Section 6.15.15 requires all providers to have a plan for implementing new graduate professional standards when they are introduced. The legislation also outlines the consequences for non-compliance or breaches of the guidelines. While specific penalties are not detailed within the provided text, breaches of the conditions set out in the Conditions of Grant or failure to meet certification requirements could potentially lead to the suspension or termination of grant payments. Given the foundational role of these grants in supporting teacher education programs, non-compliance could significantly impact the ability of higher education providers to deliver these programs. The seriousness of such breaches might also invoke further scrutiny or investigation by the relevant authorities, potentially leading to additional administrative or legal consequences. The precise penalties for non-compliance would be further defined within the overarching Higher Education Support Act 2003, but the potential repercussions underscore the importance of adhering to the stipulated guidelines.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.