EXPLANATORY STATEMENT
Guidelines issued under section 238-10 of the Higher Education Support Act 2003
Amendment No 3 to the Other Grants Guidelines (Education) 2008 (DEEWR)
Issued by the authority of the 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
This instrument amends 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 amends the current Chapter 6 of the Guidelines to remove an incorrect reference concerning the Total program funds for the purpose of item 8A of the table in subsection 41-10(1) of the Act. This amendment is necessary to enable payment of additional funding to the University of Tasmania. The correction is necessary to correct an error made by the University of Tasmania in its data submitted for calculation of its funding entitlement under the Practical Component of Teacher Education program (IPCTE). The error in the data submitted by the University of Tasmania resulted in a reduced payment for 2009.
Consultation
Consultation was not undertaken and was not considered necessary in this case as the amendment confers a benefit on the University of Tasmania by facilitating correction of an unintended error in the funding entitlement of the eligible recipient, University of Tasmania; and will not alter the substance of the requirements under the Guidelines.
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 Parliament of Australia, was designed to provide a framework for the support of higher education institutions and students. Among other objectives, the Act aims to ensure equitable access to higher education and to support the provision of quality education. The Act established various mechanisms, including grants, to assist in achieving these goals. The Amendment No 3 to the Other Grants Guidelines (Education) 2008 (DEEWR), issued under section 238-10 of the Higher Education Support Act 2003, was introduced to address an error in the calculation of funding entitlements for the University of Tasmania under the Practical Component of Teacher Education program. This amendment rectifies an oversight in the data submitted by the University, ensuring that it receives the appropriate funding for the specified program, thereby upholding the integrity and purpose of the legislative framework established by the Act.
Scope and Application
The amendment to the Other Grants Guidelines (Education) 2008, issued under the authority of the Minister for Education, pertains specifically to the Higher Education Support Act 2003. This legislative instrument aims to correct an error in the calculation of the funding entitlement for the University of Tasmania under the Practical Component of Teacher Education program (IPCTE), ensuring that the university receives the appropriate additional funding for the 2009 financial year. The amendment rectifies a mistake in the data submitted by the University of Tasmania, which had led to an underpayment of funds. The Guidelines apply to entities such as the University of Tasmania that are eligible for grants under the Act, and the amendment is targeted to ensure that the funding process aligns with the legislative intent, without altering the broader requirements or obligations of the Guidelines. The amendment will come into effect on the day following its registration on the Federal Register of Legislative Instruments, thereby immediately addressing the specific funding issue without necessitating broader consultation.
Key Provisions
The primary sections of the Other Grants Guidelines (Education) 2008 (DEEWR) Amendment No 3 (F2009L03997) pertain to the correction of an error found in Chapter 6 of the original guidelines. Specifically, section 238-10 of the Higher Education Support Act 2003 allows the Minister to issue these guidelines, and section 41-15 details the specifications for grant programs. This amendment, as indicated in Item 1, rectifies an incorrect reference to the Total program funds for item 8A, which affects the funding calculation for the Practical Component of Teacher Education program (IPCTE) at the University of Tasmania. This correction is essential to ensure that the university receives its rightful funding amount, thereby rectifying an unintended reduction in payments for 2009.
Under the amended guidelines, the University of Tasmania must ensure that the data submitted for calculating its funding entitlement is accurate. This obligation extends to all entities governed by the Higher Education Support Act 2003, requiring them to submit correct and verifiable data to avoid discrepancies in funding allocations. Additionally, the University of Tasmania is required to address and rectify any errors promptly upon notification to maintain compliance with the guidelines.
Failure to comply with the guidelines may result in financial penalties or legal consequences. The legislation does not explicitly state penalties for non-compliance in this particular amendment; however, breaches of the Higher Education Support Act 2003 generally may incur civil or criminal penalties, including fines and imprisonment. The specific penalties depend on the severity of the breach and are outlined in relevant sections of the Act. It is imperative for the University of Tasmania and other entities to adhere to the corrected guidelines to avoid any adverse consequences.