EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Higher Education Support (Other Grants) Guidelines 2022

Higher Education Support (Other Grants) Amendment (National Priorities Pool Program) Guidelines 2026

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) Guidelines 2026 (the Amendment Instrument) rely on this provision.

PURPOSE AND OPERATION

The Amendment Instrument amends the Principal Instrument to list additional bodies corporate eligible to receive a grant under the National Priorities Pool Program (NPPP). The NPPP is a program specified in Division 2 of Part 2 of the Principal Instrument for the purpose of promoting equality of opportunity in higher education, under item 1 of the table in subsection 41-10(1) of the Act.

The bodies corporate that are specified, in addition to the Australian Human Rights Commission that is already listed as an eligible body corporate, are:

• Table B providers, as listed in section 16-20 of the Act;
• Australian Council for Educational Research (ACER);
• Commonwealth Scientific and Industrial Research Organisation (CSIRO);
• The Tertiary Admissions Centres (TACs) in Australia that are not higher education providers:
  • Queensland Tertiary Admissions Centre Limited (QTAC);
  • South Australian Tertiary Admissions Centre Limited (SATAC);
  • Tertiary Institutions Service Centre Ltd (TISC);
  • Universities Admission Centre (NSW & ACT) Pty Limited (UAC); and
  • Victorian Tertiary Admissions Centre Limited (VTAC).

The objective of the NPPP is set out in subsection 14(2) of the Principal Instrument. Grants are provided to higher education providers and specified bodies corporate to conduct research projects and trial initiatives, for example, to improve access and participation in higher education for people from a low socioeconomic background, people from regional and remote areas and Indigenous persons.

The amendment to the NPPP ensures greater flexibility to support projects that meet the program’s objective. Expanding the number of bodies corporates eligible for a grant allows for a richer and more diverse pool of project proposals from which to target support.  

The bodies corporate specified in the Amendment Instrument represent entities that the Department of Education (department) regularly engages with as part of the administration of the higher education system and has previously engaged with, or may engage with, in the development of proposals supporting the objectives of the program. Specifying the bodies corporate in the Principal Instrument through these amendments allows for a more responsive approach to program delivery. These bodies corporate are suited to receiving grants under the NPPP as they demonstrate an ability to each contribute to strengthening equity policy and practice, increasing participation and attainment among priority cohorts and reduce structural and cultural barriers to higher‑education entry and success:

• ACER, a national leader in evidence‑based educational research, aligns strongly with the NPPP objectives through its extensive higher‑education research, national equity‑focused studies, and projects that inform policy and institutional practice to improve outcomes for low‑SES, regional and remote and Indigenous learners.
• CSIRO contributes to NPPP aims by delivering culturally informed STEM programs, such as the Young Indigenous Women’s STEM Academy and Generation STEM, which build aspiration, strengthen pathways, and address barriers for priority equity cohorts.
• The TACS – QTAC, VTAC, UAC, SATAC and TISC, collectively support NPPP objectives by administering equitable admissions processes, including adjustment schemes and hardship and access programs. They provide transparent, inclusive pathways for disadvantaged learners and generate admissions data that informs policy development and supports improved access, participation and attainment in higher educations.

The Australian Universities Accord Final Report, released on 25 February 2024, made 47 recommendations to strengthen the future of Australia’s higher education system, and improve outcomes for students, staff and communities. The NPPP contributes towards addressing Recommendation 10 ‘Participation targets for students from underrepresented backgrounds to achieve participation parity by 2050, including linking these new attainment targets with Closing the Gap targets.’ Recommendation 10 clearly aligns with the objectives of the NPPP and extending eligibility so that additional bodies corporate and Table B providers can conduct research projects and initiatives enhances the ability of the Australian Government and providers to understand and address barriers to higher education experienced by people from diverse and underrepresented backgrounds.

COMMENCEMENT

The Amendment Instrument will commence on the day after it is registered.

CONSULTATION

The department consulted broadly during the development of the Australian Universities Accord Final Report, with feedback from the sector indicating that greater parity in government funding of higher education providers (Table A, Table B and bodies corporates) was required to ensure greater equity within the higher education system.

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) Guidelines 2026

The Higher Education Support (Other Grants) Amendment (National Priorities Pool Program) Guidelines 2026 (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 (Other Grants) Guidelines 2022 (the Principal Instrument) to list additional bodies corporate eligible to receive a grant under the National Priorities Pool Program (NPPP). The NPPP is a program specified in Division 2 of Part 2 of the Principal Instrument for the purpose of promoting equality of opportunity in higher education, under item 1 of the table in subsection 41-10(1) of the Higher Education Support Act 2003 (the Act).

The bodies corporate that are specified, in addition to the Australian Human Rights Commission that is already listed as an eligible body corporate, are:

• Table B providers, as listed in section 16-20 of the Act;
• Australian Council for Educational Research (ACER);
• Commonwealth Scientific and Industrial Research Organisation (CSIRO);
• The Tertiary Admissions Centres (TACs) in Australia that are not higher education providers:
  • Queensland Tertiary Admissions Centre Limited (QTAC);
  • South Australian Tertiary Admissions Centre Limited (SATAC);
  • Tertiary Institutions Service Centre Ltd (TISC);
  • Universities Admission Centre (NSW & ACT) Pty Limited (UAC); and
  • Victorian Tertiary Admissions Centre Limited (VTAC).

The objective of the NPPP is set out in subsection 14(2) of the Principal Instrument. Grants are provided to higher education providers and specified bodies corporate to conduct research projects and trial initiatives, for example, to improve access and participation in higher education for people from a low socioeconomic background, people from regional and remote areas and Indigenous persons.

The amendment to the NPPP ensures greater flexibility to support projects that meet the program’s objective. Expanding the number of bodies corporates eligible for a grant allows for a richer and more diverse pool of project proposals from which to target support. 

The bodies corporate specified in the Amendment Instrument represent entities that the Department of Education (department) regularly engages with as part of the administration of the higher education system and has previously engaged with, or may engage with, in the development of proposals supporting the objectives of the program. Specifying the bodies corporate in the Principal Instrument through these amendments allows for a more responsive approach to program delivery. These bodies corporate are suited to receiving grants under the NPPP as they demonstrate an ability to each contribute to strengthening equity policy and practice, increasing participation and attainment among priority cohorts and reduce structural and cultural barriers to higher‑education entry and success:

• ACER, a national leader in evidence‑based educational research, aligns strongly with the NPPP objectives through its extensive higher‑education research, national equity‑focused studies, and projects that inform policy and institutional practice to improve outcomes for low‑SES, regional and remote and Indigenous learners.
• CSIRO contributes to NPPP aims by delivering culturally informed STEM programs, such as the Young Indigenous Women’s STEM Academy and Generation STEM, which build aspiration, strengthen pathways, and address barriers for priority equity cohorts.
• The TACs – QTAC, VTAC, UAC, SATAC and TISC, collectively support NPPP objectives by administering equitable admissions processes, including adjustment schemes and hardship and access programs. They provide transparent, inclusive pathways for disadvantaged learners and generate admissions data that informs policy development and supports improved access, participation and attainment in higher educations.

The Australian Universities Accord Final Report, released on 25 February 2024, made 47 recommendations to strengthen the future of Australia’s higher education system, and improve outcomes for students, staff and communities. The NPPP contributes towards addressing Recommendation 10 ‘Participation targets for students from underrepresented backgrounds to achieve participation parity by 2050, including linking these new attainment targets with Closing the Gap targets.’ Recommendation 10 clearly aligns with the objectives of the NPPP, and extending eligibility so that additional bodies corporate and Table B providers can conduct research projects and initiatives enhances the ability of the Australian Government and providers to understand and address barriers to higher education experienced by people from diverse and underrepresented backgrounds.

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) 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 amends the Principal Instrument to specify additional bodies corporate that are eligible to receive a grant under the NPPP. This engages the right to education by facilitating the specified bodies corporate to conduct various research projects and trial initiatives that support the aim of ensuring that all Australians, no matter their background, have equality and equity of opportunity in higher education.

Conclusion

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

Minister for Education, Jason Clare

HIGHER EDUCATION SUPPORT (OTHER GRANTS) AMENDMENT (NATIONAL PRIORITIES POOL PROGRAM) GUIDELINES 2026

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) Guidelines 2026 (the Amendment Instrument).

Section 2: Commencement

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

Section 3: Authority

1.   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

1.   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, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1: Amendments

Higher Education Support (Other Grants) Guidelines 2022

Item 1: Section 15

1.   This item repeals and replaces section 15 of the Higher Education Support (Other Grants) Guidelines 2022 to include a list of bodies corporate eligible to receive a grant under the National Priorities Pool Program, additional to the Australian Human Rights Commission (AHRC) that is already listed as an eligible body corporate. The additional bodies corporate being added to the list are:

1.         Table B providers;
2.         Australian Council for Educational Research;
3.          Commonwealth Scientific and Industrial Research Organisation;
4.         The Tertiary Admissions Centres in Australia that are not also higher education providers:
   • Queensland Tertiary Admissions Centre Limited;
   • South Australian Tertiary Admissions Centre Limited;
   • Tertiary Institutions Service Centre Ltd;
   • Universities Admission Centre (NSW & ACT) Pty Limited; and
   • Victorian Tertiary Admissions Centre Limited.

1.   The note under this section confirms that Table A providers are already eligible, under section 41-10 of the Act, to receive a grant under the program.
2.   The amendments to list additional bodies corporate ensures greater flexibility to support projects that meet the objectives of the National Priorities Pool Program.
3.   Specifying other bodies corporate (including Table B providers) as eligible to receive a grant under the National Priorities Pool Program enables a richer and more diverse pool of project proposals from which to target support and, additionally, allow for a more responsive approach to program delivery.
4.   Currently, eligibility for the National Priorities Pool Program is only open to Table A providers and the AHRC. Therefore, regardless of the worthiness of a project, and its direct linkages to the objectives of the National Priorities Pool Program, only a Table A provider or the AHRC are eligible to receive funding.
5.   Whilst the Amendment Instrument could be made in the future on a case-by-case basis to allow for the additional bodies corporate to be added as eligible to receive a grant under the program, this adds significant time and resourcing to the process, and also reduces the efficacy of the program and its ability to be responsive to emerging needs.
6.   Expanding eligibility of the National Priorities Pool Program to other bodies corporate allows for greater expansion of the program and enables the Department of Education to move swiftly into implementation and support for important projects and initiatives to support equity and opportunity in higher education.