EXPLANATORY STATEMENT
Higher Education Support (Maximum Grant Amounts) List Variation 2013
Issued by the authority of the Minister for Education
Subject:- Higher Education Support Act 2003
Higher Education Support (Maximum Grant Amounts) List Variation 2013
Authority
Subsection 41-50(1) of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must cause a list to be prepared setting out the maximum amounts of all grants which may be paid in the following year for each purpose of grant specified in the table in section 41-10 of the Act. Subsection 41-50(2) provides that the Minister may, in writing, vary a list for a year at any time before the end of that year.
Purpose
• The Higher Education Support (Maximum Grant Amounts) List Variation 2013 amends the List of Grants under Division 1 (F2012L02514) to update the maximum amounts of grants listed in table items 1, 4, 9B, 11(a) and the total amount. These grants are for the purpose of grants specified in the table in section 41-10 of the Act. The 2013 List of Other Grants maximum funding amounts requires updates due to Budget measures and changes to project payments. Changes to the 2013 list are to:
– under item 1, accommodate a re-phasing of $18.2m for the Higher Education Participation and Partnership Program from 2012 to 2013.
– under item 4, make available an additional $1.4m is available in the National Institutes Program as a result of the 2013-14 Budget providing increased support for the Australian Maritime College to deliver specialised training to maritime students.
– under item 9B, accommodate a rephrasing of $7.7m for the Structural Adjustment Fund from 2012 to 2013 as a result of delays in projects for CQU and CDU/BIITE.
– under item 11(a), accommodate a re-phasing of $7.2m for Reward Funding from 2012 to 2013.
Schedule 1
Schedule 1 amends the table in the List of Grants under Division 1 (F2012L02514) to:
- Increase the amount specified in Column 2 (maximum amount of grant) for Item 1 by $18.2 million;
- Increase the maximum grant amount for Item 4 by $1.4 million;
- Increase the maximum grant amount for Item 9B by $7.7 million;
- Increase the maximum grant amount for Item 11(a) by $7.2 million.
Consultation
Given the increased maximum funding amounts will have a beneficial effect on stakeholders, consultation has not been conducted as it was not considered necessary.
Commencement
This legislative instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Higher Education Support (Maximum Grant Amounts) List Variation 2013
This Legislative Instrument is compatible with 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
Subsection 41-50(1) of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must cause a list to be prepared setting out the maximum amounts of all Other Grants which may be paid in the following year for each purpose of grant specified in the table in section 41-10 of the Act. The list sets out the purpose of each grant specified in the table in section 41-10 of the Act as well as the maximum amount of all grants for each purpose of grant for the 2013 calendar year. This List is contained in the List of Grants under Division 41 (F2012L02514)
In accordance with Subsection 41-50(2) of the Act, the Minister may, in writing, vary a list for a year at any time before the end of that year. The Higher Education Support (Maximum Grant Amounts) List Variation 2013 updates the list of maximum amounts in the List of Grants under Division 41 (F2012L02514) to increase some of the maximum amounts of funding set out in the table.
Human Rights implications
Right to Education
This legislative instrument engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.
In accordance with subsection 41-50(1) of the Act, the Minister must cause a list to be prepared to set out the maximum amounts of all Other Grants. Under subsection 41-50(2) of the Act, the Minister may, in writing, vary a list for a year at any time before the end of the year. This variation increases payments for Other Grants for the purposes specified in the table in section 41-10 of the Act. As the impact of the amendments made under subsection 41-50(2) is to further the promotion of equality of opportunity in higher education, support diversity and structural reform, support national institutes and ensure and enhance quality, the Legislative Instrument enables access to education and therefore is compatible with human rights.
To the extent that the right to education is engaged, this right is promoted as the Instrument increases the funding available to the higher education sector for programs under Other Grants.
Conclusion
This Legislative Instrument is compatible with human rights.
The Hon Christopher Pyne MP, Minister for Education