Higher Education Support (Maximum Payments for Other Grants) Determination 2015 (No. 1)

Administered by Department of Education

Legislation au F2016L00054 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Determination made under section 41-45 of the Higher Education Support Act 2003

 

 

Issued by the authority of the Minister for Education and the Minister for Indigenous Affairs

 

Subject:  Higher Education Support Act 2003

Higher Education Support (Maximum Payments for Other Grants) Determination 2015 (No.1)

Authority

Subsections 41-45(1A) of the Higher Education Support Act 2003 (the Act) provide that the Minister may, by legislative instrument, determine the total payments made under Part 2-3 of the Act in respect of a year starting on or after 1 January 2013 but before 1 January 2017. Subsection 41-45(1B) of the Act provides that the Minister must determine, by legislative instrument, the total payments made under Part 2-3 in respect of a year starting on or after 1 January 2017.

 

Subsection 33(3) of the Acts Interpretation Act 1901, provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Purpose

The determination:

 

  • revokes the Higher Education Support (Maximum Payments for other Grants) Determination 2015; and

 

  • sets out the maximum total payments to be made under Part 2-3 for Other Grants for the 2016 to 2019 calendar years.

 

Determinations made under subsection 41-45(1A) and (1B) must be made before the start of the relevant year.

 

The amounts determined for 2016 to 2019 are expressed with the 2016 indexation factor applied. The indexation factors for 2017 to 2019 are yet to be determined. 

 

Consultation

In accordance with paragraph 18(2)(c) of the Legislative Instruments Act 2003, consultation was not undertaken as the Determination gives effect to the Government’s decisions in the 2015–16 Budget and 2015–16 Mid-Year Economic Fiscal Outlook

 

Commencement

The Determination takes effect 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 Payments for Other Grants)

Determination 2015 (No. 1)

 

This Higher Education Support (Maximum Payments for Other Grants) Determination 2015 (No.1) (Determination) 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 Determination

Subsections 41-45(1A) of the Higher Education Support Act 2003 (the Act) provides that the Minister may, by legislative instrument, determine the total payments made under Part 2-3 of the Act in respect of a year starting on or after 1 January 2013 but before 1 January 2017.

 

Subsection 41-45(1B) of the Act provides that the Minister must determine, by legislative instrument, the total payments made under Part 2-3 in respect of a year starting on or after 1 January 2017.

 

The Determination:

  • revokes the Higher Education Support (Maximum Payments for other Grants) Determination 2015; and
  • sets out the maximum total payments to be made under Part 2-3 for Other Grants for the 2016 to 2019 calendar years.

 

Subsection 33 (3) of the Acts Interpretation Act 1901, provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Human rights implications

Right to education

 

The Determination engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.

The Minister is empowered to determine maximum amounts payable for Other Grants for the 2016 calendar year that differs from that already prescribed in the table in subsection 41-45(1) of the Act. The Minister is required to determine the maximum amounts payable for the 2017 to 2019 calendar years. By doing so, the determination will support the payments of the Other Grants for the purposes specified in the table in section 41-10 of the Act. As the purposes of the Other Grants include the promotion of equality of opportunity in higher education, the support of diversity and structural reform and the support of the training of research students (amongst other purposes) the determination enables access to education and therefore is be compatible with human rights.

The Determination is compatible with the right to education.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

 

The Hon Simon Birmingham MP, Minister for Education

Senator the Hon Nigel Scullion, Minister for Indigenous Affairs

 

Overview

The Higher Education Support (Maximum Payments for Other Grants) Determination 2015 (No.1) was enacted in 2015 under the authority of the Higher Education Support Act 2003. This legislative instrument was introduced to address the need for the Minister to determine the maximum total payments for Other Grants under Part 2-3 of the Act for specific calendar years. The Determination revokes the previous Higher Education Support (Maximum Payments for Other Grants) Determination 2015 and establishes new maximum payment levels for the years 2016 to 2019, with the amounts for 2016 indexed and those for 2017 to 2019 yet to be determined. The enacting body was the Minister for Education and the Minister for Indigenous Affairs, and the policy objective was to ensure that the maximum payments align with the government's fiscal decisions as outlined in the 2015–16 Budget and the 2015–16 Mid-Year Economic Fiscal Outlook. The Determination is also compatible with human rights, specifically advancing the right to education as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Higher Education Support (Maximum Payments for Other Grants) Determination 2015 (No.1) operates under the Higher Education Support Act 2003 and pertains to the maximum total payments for Other Grants for higher education institutions for the 2016 to 2019 calendar years. The Act applies to entities within the higher education sector in Australia, specifically those receiving payments under Part 2-3 of the Act, including universities and other eligible institutions. The Minister for Education and the Minister for Indigenous Affairs, acting under the authority granted by subsections 41-45(1A) and 41-45(1B) of the Act, have the power to determine these maximum payments. The legislative instrument takes effect the day after it is registered on the Federal Register of Legislative Instruments, and the amounts are expressed with the 2016 indexation factor applied, although indexation factors for 2017 to 2019 are yet to be determined. The Determination revokes the previous Higher Education Support (Maximum Payments for Other Grants) Determination 2015, thereby setting new parameters for financial support within the specified period.

Key Provisions

The Higher Education Support (Maximum Payments for Other Grants) Determination 2015 (No.1) under section 41-45 of the Higher Education Support Act 2003 (the Act) establishes the maximum total payments to be made for Other Grants under Part 2-3 of the Act for the years 2016 to 2019. This Determination revokes the previous Higher Education Support (Maximum Payments for Other Grants) Determination 2015 and sets out new maximum amounts for Other Grants for the specified years. The amounts for 2016 are indexed, whereas the indexation factors for 2017 to 2019 are yet to be determined. The Determination must be made before the start of the relevant year, as stipulated in the Act. The Determination takes effect the day after it is registered on the Federal Register of Legislative Instruments. The obligations and requirements imposed by this Determination primarily involve the setting of maximum payment limits for Other Grants under Part 2-3 of the Act. The Minister for Education and the Minister for Indigenous Affairs must determine these maximum amounts by legislative instrument, ensuring that the total payments align with the objectives outlined in the Act. The Determination also necessitates that the Minister comply with any indexation factors applicable to the specified years. This legislative instrument ensures that the financial support provided through Other Grants is within the bounds set by the Act, thereby maintaining fiscal responsibility and supporting the purposes of the grants, which include promoting equality of opportunity in higher education, supporting diversity, and fostering structural reforms. Failure to comply with the provisions of this Determination may lead to financial mismanagement and potentially undermine the intended support mechanisms for higher education. Although the Determination itself does not specify explicit offences, penalties, or civil/criminal consequences for breaches, any non-compliance with the payment limits set out in the Act could result in legal actions or financial penalties as prescribed elsewhere in the Higher Education Support Act 2003. The Act provides for various enforcement mechanisms and compliance measures, including audits and reviews, to ensure that the payments made under Part 2-3 adhere to the established limits and objectives.

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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.