Higher Education Support Act 2003 - Student Learning Entitlement (Repeal) Instrument 2011

Overview

The Student Learning Entitlement (Repeal) Instrument 2011 is a legislative instrument issued by the authority of the Minister for Tertiary Education, Skills, Science and Research under the Higher Education Support Act 2003. This instrument repeals the Student Learning Entitlement Guidelines, which were established to outline the requirements for additional student learning entitlements and the calculation of such entitlements. The Student Learning Entitlement, which limited a student to the equivalent of approximately seven years of full-time study as a Commonwealth supported student, was abolished from 1 January 2012, in line with the implementation of the demand-driven funding system for bachelor courses at public universities. This change was made to increase access to education and align with the objectives of the Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Act 2011. The Student Learning Entitlement (Repeal) Instrument 2011 was introduced to repeal the Student Learning Entitlement Guidelines, which were no longer applicable following the abolition of the Student Learning Entitlement. The instrument was issued by the Minister for Tertiary Education, Skills, Science and Research under the authority of the Higher Education Support Act 2003 and was not subject to consultation as it was considered to be machinery in nature. The policy objective of this instrument is to repeal the Student Learning Entitlement Guidelines, which were established to outline the requirements for additional student learning entitlements and the calculation of such entitlements.

Scope and Application

The Student Learning Entitlement (Repeal) Instrument 2011 applies to the repealed Student Learning Entitlement Guidelines made under section 238-10 of the Higher Education Support Act 2003. The instrument repeals these guidelines, which had limited a student to the equivalent of seven years of full-time study as a Commonwealth supported student. The repeal reflects the changes brought about by the Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Act 2011, which introduced a demand driven funding system for bachelor courses at public universities from 1 January 2012. This legislative instrument operates at the national level, as it pertains to federal higher education policy. It does not apply to state or territory governments or to private universities, as these are outside the scope of the Commonwealth's legislative authority under the Higher Education Support Act 2003. The instrument's repeal of the SLE Guidelines effectively removes the seven-year limit on Commonwealth supported student study, thereby increasing access to higher education. The instrument's compatibility with human rights is affirmed, particularly in relation to the right to education, as it promotes increased access to educational opportunities.

Key Provisions

The Student Learning Entitlement (Repeal) Instrument 2011, made under section 238-10 of the Higher Education Support Act 2003, primarily involves the repeal of the Student Learning Entitlement Guidelines that were established on 21 July 2004 and registered on 24 October 2005. These guidelines, which limited a student's Commonwealth supported study to approximately seven years full-time equivalent, have been repealed to align with the legislative changes introduced by the Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Act 2011. The repeal of the Student Learning Entitlement Guidelines is effective from 1 January 2012, a date that coincides with the introduction of a demand-driven funding system for bachelor courses at public universities. The obligations and requirements imposed by this Act primarily concern the higher education institutions and students. Higher education institutions, particularly public universities, must now determine the number of students to be enrolled in bachelor courses, except for medicine, as the previous limitations on student learning entitlement have been abolished. This change grants universities greater autonomy in managing their student populations. For students, the repeal means they will no longer be capped at seven years of full-time study as Commonwealth supported students, potentially allowing for extended educational opportunities. The Act also requires the Minister to provide for certain matters in the Administration Guidelines, ensuring continuity in the governance and administration of higher education provisions. In terms of consequences for breach or non-compliance, the Act does not explicitly outline specific offences, penalties, or consequences for breach within the Student Learning Entitlement (Repeal) Instrument 2011 itself. However, the Higher Education Support Act 2003, under which this instrument operates, does provide a framework for penalties. For example, section 252 of the Act allows for fines and imprisonment for offences such as providing false or misleading information to the Minister. Furthermore, the Act's overarching provisions ensure that any breaches related to the administration and funding of higher education courses could result in administrative, civil, or criminal consequences, depending on the severity and nature of the breach. The specific penalties would be determined in accordance with the relevant provisions of the Higher Education Support Act 2003.