Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2024

Administered by Department of Education

Legislation au F2024L01688 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 Other Grants) Determination 2024

AUTHORITY

The Higher Education Support (Maximum Payments for Other Grants) Determination 2020 (the Principal Instrument) is made under subsection 41-45(1B) of the Higher Education Support Act 2003 (the Act). The Principal Instrument determines the maximum payments made under Part 2-3 of the Act in respect of a year starting on or after 1 January 2017.

Subsection 41-45(1D) of the Act provides that the Minister may, in writing, vary a determination under subsection 41-45(1B) 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 Other Grants) Determination 2024 (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 2-3 of the Act for 2024 and 2025.

The Amendment Instrument increases the maximum amount for payments under Part 2-3 of the Act for 2024 and 2025 to account for indexation and changes in the allocation of grant funding due to reallocation of funding across grant years and the provision of extra grant funding for certain grant programs. The Amendment Instrument also amends the Principal Instrument to determine a maximum payment amount for 2026.

IMPACT ANALYSIS

The Office of Impact Analysis (OIA) has been consulted and advised that a detailed Impact Analysis is not required (OIA ID: 24-08515).

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 2-3 of the Act. The Amendment Instrument is a technical step that must be undertaken by the Minister to enable grants under Part 2-3 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 Other Grants) Determination 2024

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2024 (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 Other Grants) Determination 2020 (the Principal Instrument) to increase the maximum payment amount for payments made under Part 2-3 of the Higher Education Support Act 2003 (the Act) for 2024 and 2025.

The Amendment Instrument increases the maximum amount for payments under Part 2-3 of the Act for 2024 and 2025 to account for indexation and changes in the allocation of grant funding due to reallocation of funding across grant years and the provision of extra grant funding for certain grant programs. The Amendment Instrument also amends the Principal Instrument to determine a maximum payment amount for 2026.

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

The Amendment Instrument promotes the right to education contained in Article 13 of the ICESCR. Article 13(2)(c) 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.”

By increasing the maximum payments for other grants, the Amendment Instrument facilitates the payment of grants under Part 2-3, for the range of purposes set out in the table in subsection 41-10(1) of the Act. Those purposes include promoting equality of opportunity in higher education, supporting the training of research students and supporting research and research capability of higher education providers. The purposes set out in the table in subsection 41-10(1) of the Act support the right to 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 OTHER GRANTS) DETERMINATION 2024

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 Other Grants) Determination 2024 (the Amendment Instrument).

Section 2: Commencement

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

Section 3: Authority

  1.   This section provides that the Amendment Instrument is made by the Minister under section 41-45 of the Higher Education Support Act 2003 (the Act).

Section 4: Schedules

  1.   This section clarifies that the 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 Other Grants) Determination 2020 (the Principal Instrument)).

SCHEDULE 1 – AMENDMENTS

Higher Education Support (Maximum Payments for Other Grants) Determination 2020

Item 1: Paragraph 6(e)

  1.   This item amends the amount which the total payments made under Part 2-3 of the Act must not exceed for the year 2024 as determined in the Principal Instrument.
  2.   The amount for the year 2024 has been increased from $2,635,000,000 to $2,715,000,000 to reflect the additional grant amounts accounting for indexation and the payment of grants under various programs.

Item 2: Paragraph 6(f)

  1.   This item amends the amount which the total payments made under Part 2-3 of the Act must not exceed for the year 2025 as determined in the Principal Instrument.
  2.   The amount for the year 2025 has been increased from $2,689,000 to $2,772,000,000 to reflect the additional grant amounts accounting for indexation and the payment of grants under various programs.

Item 3: After paragraph 6(f)

  1.   This item inserts a new paragraph 6(g) which determines the amount which the total payments made under Part 2-3 of the Act must not exceed for the year 2026.
  2.   New paragraph 6(g) determines that the maximum payment amount for the year 2026 for payments made under Part 2-3 of the Act is $2,851,000,000.

 

Overview

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2024 was enacted to amend the Higher Education Support (Maximum Payments for Other Grants) Determination 2020, addressing the need to adjust the maximum payment amounts for other grants under the Higher Education Support Act 2003. This determination was introduced to ensure that the maximum payment amounts reflect current funding needs, including indexation and changes in grant allocations. The instrument was made under the authority of the Minister for Education, who is responsible for varying the determinations as needed to facilitate appropriate funding levels for higher education providers. The policy objective of this amendment is to support the right to education by ensuring that sufficient funding is available to higher education institutions to support various educational purposes, such as promoting equality of opportunity, supporting research, and enhancing research capability. This amendment is a technical adjustment necessary to enable the continued payment of grants under Part 2-3 of the Act, and it does not create new rights or liabilities. The determination is compatible with human rights, particularly the right to education outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights, by facilitating the allocation of necessary funds to higher education providers. The amendment reflects the government’s commitment to supporting higher education and ensuring equitable access to educational opportunities.

Scope and Application

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2024 applies to the Higher Education Support Act 2003, specifically modifying the Higher Education Support (Maximum Payments for Other Grants) Determination 2020. It is made under the authority of the Minister for Education and operates within the Commonwealth jurisdiction. The determination is concerned with adjusting the maximum payments made under Part 2-3 of the Act for the years 2024, 2025, and 2026, to account for indexation and changes in the allocation of grant funding. The Amendment Instrument does not extend rights or impose new liabilities but facilitates the technical adjustment of grant payment limits. There are no exclusions or exemptions stated within the text of the determination, which is designed to ensure the appropriate allocation of funds to support higher education initiatives. The commencement of the Amendment Instrument is effective the day after its registration on the Federal Register of Legislation, and no consultation was deemed necessary as it does not introduce new rights or liabilities.

Key Provisions

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2024 amends the Higher Education Support (Maximum Payments for Other Grants) Determination 2020, increasing the maximum payment amounts for payments made under Part 2-3 of the Higher Education Support Act 2003 (HES Act) for the years 2024, 2025, and 2026. This Amendment Instrument is made under the authority of the Minister for Education, in accordance with section 41-45 of the HES Act (sections 1 and 3). Specifically, paragraph 6(e) of the Schedule to the Principal Instrument, which sets the maximum payment amount for 2024, is increased from $2,635,000,000 to $2,715,000,000 to account for indexation and additional grant funding. Similarly, paragraph 6(f) is amended to set the maximum payment amount for 2025 at $2,772,000,000, up from $2,689,000,000 (Schedule 1, items 1 and 2). Additionally, a new paragraph 6(g) is inserted to establish the maximum payment amount for 2026 at $2,851,000,000 (Schedule 1, item 3). This Amendment Instrument comes into effect the day after it is registered on the Federal Register of Legislation (section 2). The Amendment Instrument imposes obligations on the Minister for Education to adjust the maximum payment amounts for certain grants under the HES Act to reflect changes in indexation and funding allocation. The determination ensures that the total payments made under Part 2-3 of the HES Act do not exceed the specified amounts for each respective year, facilitating the effective distribution of grant funds for higher education purposes. This adjustment is crucial for maintaining the integrity and functionality of the grant system, ensuring that higher education institutions receive adequate funding to support various educational programs and initiatives. There are no specific offences, penalties, or civil or criminal consequences outlined in the Amendment Instrument itself. However, any failure to comply with the provisions of the HES Act or the conditions set by the Amendment Instrument could potentially lead to legal actions under the HES Act or other related legislation. Non-compliance with the specified maximum payment amounts could result in legal challenges or administrative penalties, depending on the context and the specific provisions of the HES Act. The primary focus of the Amendment Instrument is to ensure that the maximum payment amounts are updated accurately to reflect the necessary adjustments for indexation and funding allocation. The Amendment Instrument does not create new rights or liabilities and does not involve any grants under Part 2-3 of the HES Act. Therefore, no detailed impact analysis was required, and consultation was deemed unnecessary. The instrument is a technical step required to enable the appropriate distribution of grants under the HES Act. It is compatible with human rights, particularly the right to education, as it facilitates the payment of grants that support various higher education initiatives, thereby promoting access to education. The compatibility with human rights is further evidenced by its alignment with Article 13 of the International Covenant on Economic, Social and Cultural Rights, which advocates for the accessibility of higher education.

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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.