Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2025

Administered by Department of Education

Legislation au F2025L01535 Not in force Legislative Instrument

Legislation content

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 2025

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 2025 (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 2025 and 2026.

The Amendment Instrument increases the maximum amount for payments under Part 2-3 of the Act for 2025 and 2026 due to the reallocation of funding across grant years and the provision of additional funding for certain programs. The Amendment Instrument also amends the Principal Instrument to determine a maximum payment amount for 2027.

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 2025

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2025 (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 adjust the maximum payment amount for payments made under Part 2-3 of the Higher Education Support Act 2003 (the Act) for 2025 and 2026.

The Amendment Instrument increases the maximum amount for payments under Part 2-3 of the Act for 2025 and 2026 due to reallocation of funding across grant years and the provision of additional funding for certain programs. The Amendment Instrument also amends the Principal Instrument to determine a maximum payment amount for 2027.

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 2025

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 2025 (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(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 $2,772,000,000 to $3,487,000,000 to reflect the additional grant amounts paid under various programs.

 

 

Item 2: Paragraph 6(g)

  1.   This item amends the amount which the total payments made under Part 2-3 of the Act must not exceed for the year 2026 as determined in the Principal Instrument.
  2.   The amount for the year 2026 has been increased from $2,851,000,000 to $2,977,000,000 to reflect the increased payment of grants under various programs and account for lower indexation due to a fall in inflationary expectations from last year.

Item 3: After paragraph 6(g)

  1.   This item inserts a new paragraph 6(h) which determines the amount which the total payments made under Part 2-3 of the Act must not exceed for the year 2027.
  2.   New paragraph 6(h) determines that the maximum payment amount for the year 2027 for payments made under Part 2-3 of the Act is $3,020,000,000.

 

Overview

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2025 was enacted to adjust the maximum payment amounts for other grants under the Higher Education Support Act 2003, addressing the need to accommodate changes in funding allocations across grant years and the provision of additional funding for specific programs. The Amendment Instrument, made under the authority of the Minister for Education, serves to increase the maximum payment amounts for the years 2025 and 2026, and introduces a new maximum for 2027. The policy objective of this amendment is to ensure that the increased funding is effectively allocated to support various higher education initiatives, thereby promoting equitable access to higher education and enhancing research capabilities within the sector. The instrument is compatible with human rights, particularly the right to education, as it facilitates the payment of grants that support higher education access and quality.

Scope and Application

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2025 applies to the financial year starting on or after 1 January 2025, made under subsection 41-45(1B) of the Higher Education Support Act 2003. This instrument is designed to adjust the maximum payment amounts for grants made under Part 2-3 of the Act, particularly increasing the funds available for various higher education programs. The amendment affects entities and individuals involved in the administration and receipt of grants within the higher education sector in Australia. It does not introduce new rights or liabilities but serves as a technical measure to facilitate the distribution of higher education grants. There are no stated exclusions or exemptions in the determination, and it operates within the existing framework of the Higher Education Support Act 2003. The amendment is subject to the authority of the Minister for Education and can be varied by written notice before the end of the specified year. The Amendment Instrument is a direct extension of the Principal Instrument and does not require further consultation as it merely modifies existing provisions to align with updated funding allocations.

Key Provisions

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2025 amends the existing Higher Education Support (Maximum Payments for Other Grants) Determination 2020, setting new maximum payment limits for grants under Part 2-3 of the Higher Education Support Act 2003. The amendment increases the maximum payment amount for 2025 and 2026, reflecting funding reallocations and additional funding for specific programs. Additionally, it introduces a maximum payment amount for 2027. The new limits are designed to support various purposes, including promoting equality in higher education and enhancing research capabilities. The Act imposes specific obligations on the Minister for Education to ensure that the maximum payments for other grants are adjusted as needed to support these purposes. The Minister is responsible for making the determinations that set these maximum limits, as outlined in sections 41-45(1B) and 41-45(1D) of the Higher Education Support Act 2003. This includes the authority to vary the determinations for a given year before it ends. The Amendment Instrument provides clarity and legal backing for these adjustments, ensuring that the funding remains aligned with the Act's objectives. Failure to adhere to the maximum payment limits set by the Amendment Instrument can result in legal consequences. While the Act does not explicitly outline specific penalties for breaches, non-compliance with these determinations could lead to broader legal and financial repercussions. These might include the need for corrective actions or adjustments in future funding allocations to comply with the statutory requirements. Additionally, any misuse of funds beyond the stipulated limits could attract scrutiny from relevant oversight bodies, potentially leading to further investigations or penalties as prescribed by other relevant legislation.

Legal classification tags

Area of Law
Education Law
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.