Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023

Administered by Department of Education

Legislation au F2023L01661 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Higher Education Support Act 2003

Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023

AUTHORITY

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 (the Principal Instrument) is made under subsection 46-40(3) of the Higher Education Support Act 2003 (the Act). The Principal Instrument determines the maximum payments made under Part 2-4 of the Act in respect of a year starting on or after 1 January 2017.

Subsection 46-40(5) of the Act provides that the Minister may, in writing, vary a determination under subsection 46-40(3) of the Act for a year at any time before the end of that year. The amendment of the Principal Instrument by the Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023 (the Amendment Instrument) relies on that provision.

PURPOSE AND OPERATION

The Amendment Instrument amends the Principal Instrument to increase the maximum payment amount for payments made under Part 2-4 of the Act for 2024, and to include a maximum payment amount for 2025.

The Amendment Instrument increases the maximum amount for payments made under Part 2-4 of the Act for 2024 to account for indexation. This ensures that grants made under Part 2-4 can be increased in line with indexation.

REGULATORY IMPACT

The Office of Impact Analysis has been consulted and advised that no Impact Analysis is required as the Amendment Instrument is unlikely to have a more than minor regulatory impact (OIA ID: 23-05986).

COMMENCEMENT

The Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

Consultation was not undertaken on the Amendment Instrument as it does not create any new rights or liabilities or make any grants under Part 2-4 of the Act. The Amendment Instrument is a technical step that must be undertaken by the Minister to enable grants under Part 2-4 to be made. As such, it was considered that broad consultation on the Amendment Instrument was not required.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023 (the Amendment Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Amendment Instrument amends the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 (the Principal Instrument) to increase the maximum payment amount for payments made under Part 2-4 of the Higher Education Support Act 2003 (the Act) for 2024, and to introduce a maximum payment amount for 2025.

The Amendment Instrument increases the maximum amount for payments made under Part 2-4 of the Act for 2024 to account for indexation. This ensures that grants made under Part 2-4 can be increased in line with indexation.

Human rights implications

The Amendment Instrument engages the right to education in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Right to education

Article 13(2) of the ICESCR provides that “higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education”.

The Amendment Instrument will enable payments under Part 2-4 of the Act to be made, and for those payments to account for indexation. Part 2-4 of the Act provides grants for scholarships to be made to higher education providers who pay the scholarships to students for the purposes of the students’ education or for scholarships paid directly to students. Therefore, the increase of the maximum payment in the Amendment Instrument will help support the payment of scholarships to students, and supports the provision of higher education.

Conclusion

The Amendment Instrument is compatible with human rights because it supports the right to education.

 

Minister for Education, the Hon Jason Clare MP

HIGHER EDUCATION SUPPORT AMENDMENT (MAXIMUM PAYMENTS FOR COMMONWEALTH SCHOLARSHIPS) DETERMINATION 2022

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section provides that the name of the instrument is the Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023 (the Amendment Instrument).

Section 2: Commencement

2.  This section provides that the Amendment Instrument commences on the day after registration on the Federal Register of Legislation.

Section 3: Authority

3.  This section provides that the Amendment Instrument is made by the Minister under section 46-40 of the Higher Education Support Act 2003 (the Act).

Section 4: Schedules

4.  This section clarifies that items in Schedule 1 to the Amendment Instrument have effect according to their terms (that is, to amend the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 (the Principal Instrument)).

SCHEDULE 1 – AMENDMENTS

Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020

Item 1: Paragraph 6(d)

5.  This item makes a minor change to paragraph 6(d) of the Principal Instrument to remove the ‘and’ in the paragraph, to reflect the inclusion of a new paragraph in item 3.

Item 2: Paragraph 6(e)

6.  This item amends the amount which the total payments made under Part 2-4 of the Act must not exceed for the year 2024, as determined in the Principal Instrument.

7.  The amount for the year 2024 has been increased from $1,091,142,000 to $1,199,000,000 to account for indexation.

Item 3: After paragraph 6(e)

8.  This item inserts a new paragraph 6(f) which determines the amount which the total payments made under Part 2-4 of the Act must not exceed for the year 2025

9.  New paragraph 6(f) determines that the maximum payment amount for the year 2025 for payments made under Part 2-4 of the Act is $1,249,000,000.

 

Overview

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023, enacted by the Minister for Education, amends the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020, which is made under the Higher Education Support Act 2003. This amendment addresses the need to adjust the maximum payments for Commonwealth scholarships to account for inflation, ensuring that grants for scholarships remain effective and in line with indexation. The objective of this determination is to facilitate the increase of maximum payment amounts for the years 2024 and 2025, thereby enabling the provision of higher education support through scholarship grants. The determination was not subject to broad consultation as it does not introduce new rights or liabilities but rather serves a technical purpose to enable the specified payments under the Act.

Scope and Application

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023 applies to the Commonwealth of Australia, specifically under the Higher Education Support Act 2003. This instrument is directed towards the financial framework governing the maximum payments for Commonwealth scholarships, ensuring these payments are indexed in line with the prevailing economic conditions. The Act applies to the Minister for Education, who is empowered under section 46-40 of the Higher Education Support Act 2003 to make this determination. The Amendment Instrument is designed to adjust the maximum payment amounts for scholarship grants for the years 2024 and 2025, ensuring these payments can increase according to indexation, thereby supporting the accessibility of higher education. The Amendment Instrument does not create new rights or liabilities, nor does it necessitate new grants under Part 2-4 of the Act, but it is a technical adjustment to facilitate the ongoing financial support for scholarships. The Amendment Instrument is compatible with human rights, particularly engaging the right to education as outlined in the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The main operative sections of the Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023 (the Amendment Instrument) are those that amend the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 (the Principal Instrument) to adjust the maximum payment amounts for Commonwealth Scholarships for the years 2024 and 2025. Section 4 of the Amendment Instrument provides that items in Schedule 1 have effect according to their terms, which include amending the maximum payment amounts as detailed in paragraphs 6(e) and 6(f) (sections 6 and 7). The Amendment Instrument imposes obligations on the Minister for Education, who is required to make adjustments to the maximum payment amounts for Commonwealth Scholarships to account for indexation. This ensures that the grants provided under Part 2-4 of the Higher Education Support Act 2003 can increase in line with indexation, which is intended to maintain the purchasing power of the grants in line with inflation and other economic factors. This obligation is specified under section 46-40(3) of the Higher Education Support Act 2003, which allows the Minister to determine the maximum payments for Commonwealth Scholarships. There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach of the Amendment Instrument. However, failure to comply with the determinations could potentially lead to non-compliance with the Higher Education Support Act 2003, which may result in administrative or legal consequences. The maximum payment amounts are set to ensure that the grants can be increased in line with indexation, and any failure to adhere to these amounts could result in underfunding or mismanagement of scholarship grants, which could negatively impact students and higher education providers.

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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.