Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023

Administered by Department of Education

Legislation au F2023L00983 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 (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023

AUTHORITY

Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make Other Grants Guidelines to, amongst other things, provide for matters necessary or convenient to be provided in order to carry out or give effect to Part 2-3 of the Act in relation to grants payable under that Part.

Under subsection 33(3) of the Acts Interpretation Act 1901, 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. The amendments to the Higher Education Support (Other Grants) Guidelines 2022 (the Principal Instrument) made by the Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023 (the Amendment Instrument) rely on this provision.

PURPOSE AND OPERATION

The Amendment Instrument makes minor amendments to the provisions of the Principal Instrument in relation to the National Priorities Pool Program and the Regional Partnerships Project Pool Program. The amendments clarify how grants are to be paid under the programs; mean that the amounts which will be spent on the entire National Priorities Pool Program in 2023, 2024 and 2025 are no longer specified in the Principal Instrument; and specify the amount that will be spent on the Regional Partnerships Project Pool Program for 2023.

The amendments will assist in ensuring that the full amount of available funding for the National Priorities Pool Program and the Regional Partnerships Project Pool Program can be administered and expended effectively.

IMPACT ANALYSIS

The Office of Impact Analysis has advised that an Impact Analysis is not required as the instrument is unlikely to have a more than minor regulatory impact (OIA23-04973). 

COMMENCEMENT

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

CONSULTATION

Consultation on movement of program funds was undertaken with the Department of Finance as part of a routine request to rollover unexpended funding—which included funding of the National Priorities Pool Program and Regional Partnerships Project Pool Program—from 2022-23 to 2023-24. The Department of Finance raised no concerns.

While the amendment does not affect the purpose and administration of the National Priorities Pool Program and the Regional Partnerships Project Pool Program, the department has advised Universities Australia of the amendments in the Amendment Instrument. Universities Australia raised no concerns.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

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

Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023

The Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 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 makes minor amendments to the provisions of the Higher Education Support (Other Grants) Guidelines 2022 (the Principal Instrument) in relation to the National Priorities Pool Program and the Regional Partnerships Project Pool Program. The amendments clarify how grants are to be paid under the programs; mean that the amounts which will be spent on the entire National Priorities Pool Program in 2023, 2024 and 2025 are no longer specified in the Principal Instrument; and specify the amount that will be spent on the Regional Partnerships Project Pool Program for 2023.

The amendments will assist in ensuring that the full amount of available funding for the National Priorities Pool Program and the Regional Partnerships Project Pool Program can be administered and expended effectively.

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)(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’.

The Amendment Instrument makes minor changes to the provisions of the Principal Instrument in relation to the National Priorities Pool Program and the Regional Partnerships Project Pool Program. The changes provide some clarity as to the operation of the programs, which supports grants being made under the programs. The National Priorities Pool Program and the Regional Partnerships Project Pool Program are grant programs specified for the purpose of promoting equality of opportunity in higher education.

As such, the Amendment Instrument supports the right to education by providing clarity on the operation of programs that promote equality of opportunity in higher education.

Conclusion

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

 

Minister for Education, The Hon Jason Clare MP

HIGHER EDUCATION SUPPORT (OTHER GRANTS) AMENDMENT (NATIONAL PRIORITIES POOL PROGRAM AND REGIONAL PARTNERSHIPS PROJECT POOL PROGRAM) GUIDELINES 2023

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section specifies the name of the instrument as the Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023 (the Amendment Instrument).

Section 2: Commencement

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

Section 3: Authority

3.  This section provides that the Amendment Instrument is made under section 238-10 of the Higher Education Support Act 2003 (the Act).

Section 4: Schedules

4.  This is a technical provision that explains that each instrument that is specified in a Schedule to the Amendment Instrument is amended or repealed as set out in the applicable items in the Schedule concerned.

Schedule 1 – Amendments

Higher Education Support (Other Grants) Guidelines 2022

Item 1

5.  Item 1 repeals section 16 of the Higher Education Support (Other Grants) Guidelines 2022 (the Principal Instrument) and substitutes a new section 16.

6.  Previous section 16 provided that grants under the National Priorities Pool Program are made in respect of projects, and the amount that will be spent on the program for each of the 2022, 2023, 2024 and 2025 years, is $6,500,000.

7.  New section 16 simply provides that grants under the National Priorities Pool Program are made in respect of projects, and does not set out what amount will be spent on the program for each of the grant years.

8.  This is because the amount of grants made to a higher education provider will be determined in writing by the Minister, consistent with paragraph 41-30(b) of the Act, and it is not necessary to set out the total amount that will be spent on the program for each of the grant years in the Principal Instrument.

Item 2

9.  Item 2 repeals subsection 20(2) in the Principal Instrument and substitutes a new subsection 20(2).

10.  Old subsection 20(2) provided that the amount that would be spent on the program for 2022 was $2,648,145. New subsection 20(2) provides that the amount that will be spent on the program for 2023 is $4,631,462.

Item 3

11.  Item 3 repeals section 21.

12.  Old section 21 provided that the amount mentioned in old subsection 20(2) for the year 2022 is to be indexed for the year 2023 using the method of indexation set out in Part 5-6 of the Act. As old subsection 20(2) has been repealed and replaced with a new subsection 20(2) setting out the amount for the year 2023, section 21 is no longer needed.

Overview

The Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023 were enacted to address minor operational issues within the National Priorities Pool Program and the Regional Partnerships Project Pool Program as outlined in the Higher Education Support Act 2003. These amendments, issued by the authority of the Minister for Education, aim to clarify the process for grant payments under these programs, ensure the effective administration and expenditure of available funding, and update the specific funding allocations for the Regional Partnerships Project Pool Program for 2023. The guidelines also remove the previously specified annual funding amounts for the National Priorities Pool Program from 2023 to 2025, allowing for more flexible determination of grant amounts by the Minister. This amendment is made under section 238-10 of the Higher Education Support Act 2003, empowering the Minister to make necessary adjustments to ensure the programs' objectives are met efficiently. The policy objective of these amendments is to support the right to education by enhancing the administration and effectiveness of funding for higher education initiatives, thereby promoting equality of opportunity in higher education. The Office of Impact Analysis determined that these amendments are unlikely to have more than a minor regulatory impact, and consultations with relevant stakeholders, including the Department of Finance and Universities Australia, confirmed no significant concerns. The guidelines are compatible with human rights, particularly the right to education as outlined in the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023, made under section 238-10 of the Higher Education Support Act 2003, concerns amendments to the Higher Education Support (Other Grants) Guidelines 2022. This legislative instrument is applicable to entities involved in the administration of grants under the National Priorities Pool Program and the Regional Partnerships Project Pool Program, primarily higher education providers that are recipients of these grants. The geographic reach of this Act is national, as it pertains to federal legislation concerning educational grants within Australia. The amendments clarify the disbursement of grants under these programs, remove previously specified amounts for the National Priorities Pool Program for the years 2023, 2024, and 2025, and specify the amount for the Regional Partnerships Project Pool Program for 2023. The changes aim to ensure that the full funding for these programs can be effectively administered and expended. There are no stated exclusions or exemptions in this instrument, and it does not extend or restrict its application through subordinate instruments beyond the specified amendments. The instrument is compatible with human rights as it supports the right to education by providing clarity on programs that promote equality of opportunity in higher education.

Key Provisions

The Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023 (Amendment Instrument) amends the Higher Education Support (Other Grants) Guidelines 2022 (Principal Instrument) by clarifying the operation of the National Priorities Pool Program and the Regional Partnerships Project Pool Program (section 4). These amendments ensure that grants under these programs are made in respect of specific projects and specify the funding for the Regional Partnerships Project Pool Program for 2023, while removing the specified amounts for the National Priorities Pool Program for 2023, 2024, and 2025 (Item 1 and Item 2). The amendments allow for more flexibility in determining the total amount spent on the National Priorities Pool Program by setting the amounts in writing by the Minister, in accordance with the Higher Education Support Act 2003 (section 238-10). The Amendment Instrument imposes specific obligations on the Minister for Education and the higher education providers who receive grants under these programs. The Minister must determine in writing the amount of grants to be made under the National Priorities Pool Program for each grant year (section 41-30(b) of the Act). Higher education providers must use the grants for projects that align with the objectives of the respective programs. These obligations ensure that the funds are allocated and spent in a manner consistent with the legislative intent to promote equality of opportunity in higher education. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Amendment Instrument for non-compliance with the provisions of the amended guidelines. However, any failure to comply with the Higher Education Support Act 2003 or the terms of the grant agreements could potentially lead to administrative or legal consequences, such as the recovery of funds or other remedies available under the Act. The primary focus of the Amendment Instrument is to provide clarity and flexibility in the administration of the specified grant programs.

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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.