Other Grants Guidelines (Education) Amendment (Eligibility of Table B Providers) 2020

Administered by Department of Education

Legislation au F2020L01687 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Guidelines issued under section 238-10 of the Higher Education Support Act 2003

 

Other Grants Guidelines (Education) Amendment (Eligibility of Table B Providers) 2020

 

 

Authority

 

Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make guidelines providing for matters required or permitted by the Act. In particular item 8 of the table in subsection 238-10(1) specifies the Minister may make Other Grants Guidelines to give effect to matters under Part 2-3 of the Act in relation to making “other grants”.

 

Purpose and background

 

The purpose of the Other Grants Guidelines (Education) Amendment (Eligibility of Table B Providers) 2020 (the Amendment Instrument) is to specify Table B providers (as set out in section 16-20 of the Act) for the purposes of receiving grants to promote equality of opportunity in higher education under Part 2-3 of the Act (noting Table A providers can already receive grants for that purpose).

 

Part 2-3 of the Act allows for Grants to be paid to higher education providers and eligible bodies corporate for a variety of purposes listed in the table in subsection 41-10(1) of the Act.  The Higher Education Support Amendment (Job‑Ready Graduates and Supporting Regional and Remote Students) Act 2020 made an amendment (item 6 in Part 2 of Schedule 3 to that Act) to ensure that Table A providers and bodies corporate that are specified in the Other Grants Guidelines are able to receive grants for the specific purpose of promoting equality of opportunity in higher education, including to ensure the equality of opportunity for students in rural and remote areas.

 

The amendment is intended, in particular, to ensure that Table B providers can receive grants related to the Tertiary Access Payment initiative (see https://www.dese.gov.au/tertiary-access-payment).  The amendment, by specifying Table B providers as eligible for grants for the purposes described in item 1 of the table in section 41-10 of the Act, will also ensure that Table B providers can receive grants under Part 2-3 of the Act for the purposes of other initiatives that promote equality of opportunity in education in the future.

 

Commencement

 

The Amendment Instrument takes effect from 1 January 2021, which is the same day that Schedule 3, Part 2 of the Higher Education Support Amendment (Job‑Ready Graduates and Supporting Regional and Remote Students) Act 2020 commences.

 

Consultation

 

The Tertiary Access Payment (see https://www.dese.gov.au/tertiary-access-payment) is part of the Job-ready Graduates package and the Government response to the National Regional, Rural and Remote Tertiary Education Strategy (Napthine Review), aimed at helping students with the costs of relocating to undertake tertiary study.

 

The consultation that was undertaken as part of the Job-ready Graduates package was described in the Explanatory Memorandum to the Higher Education Support Amendment (Job‑Ready Graduates and Supporting Regional and Remote Students) Bill 2020 (available here: https://www.legislation.gov.au/Details/C2020B00096/Explanatory%20Memorandum/Text).  The Tertiary Access Payment was also discussed in the Job-ready Graduates Discussion Paper, which was released by the Department of Education, Skills and Employment for public consultation (available here: https://www.dese.gov.au/job-ready/resources/job-ready-graduated-discussion-paper).

 

Explanation of provisions
 

Section 1 sets out the name of the Amendment Instrument as the Other Grants Guidelines (Education) Amendment (Eligibility of Table B Providers) 2020.

Section 2 provides that the Amendment Instrument will commence on 1 January 2021 to align with the commencement of Schedule 3, Part 2 of the Higher Education Support Amendment (Job‑Ready Graduates and Supporting Regional and Remote Students) Act 2020.

Section 3 states that the Amendment Instrument is made under section 238-10 of the Act.

Section 4 clarifies that the amendments in the Schedule are effective to amend the Other Grants Guidelines (Education) 2012 according to the terms set out in the Schedule.

 

Schedule 1 – Amendments

 

Item 1 in Schedule 1 amends the description of the purpose of Chapter 1 of the Other Grants Guidelines (Education) 2012 so that the purpose will now refer to listing bodies corporate as eligible to receive grants for the purpose of promoting equality of opportunity in higher education (which is the purpose for which grants may be made in line with item 1 of the table in subsection 41-10(1) of the Act).

Item 2 specifies Table B providers that are bodies corporate for the purposes of item 1 of the table in subsection 41-10(1) of the Act, to enable such providers to receive grants for the purpose of promoting equality of opportunity in higher education (including in relation to the Tertiary Access Payment initiative).  New paragraph 1.10.2, as inserted by Item 2, is not intended to limit the application of existing paragraph 1.10.1.


Statement of Compatibility with Human Rights

 

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

 

Other Grants Guidelines (Education) Amendment (Eligibility of Table B Providers) 2020
 

The Other Grants Guidelines (Education) Amendment (Eligibility of Table B Providers) 2020 (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 Other Grants Guidelines (Education) 2012 to ensure that Table B providers (within the meaning of section 16-20 of the Higher Education Support Act 2003) can receive grants for the purpose of promoting equality of opportunity in higher education (which is the purpose for which grants may be made in line with item 1 of the table in subsection 41-10(1) of the Act).

 

Human rights implications

 

Right to education

The Amendment Instrument positively engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights (1966) (ICESCR). In its General Comment on Article 13, the UN Committee on Economic Social and Cultural Rights stated that the right to education requires that functioning educational institutions and programs have to be available in sufficient quantity within a country. The Amendment Instrument will directly contribute to this requirement by ensuring that Table B providers can receive grants for the purpose of promoting equality of opportunity in higher education (noting Table A providers can already receive grants for that purpose). 
 

Conclusion

 

This Amendment Instrument is compatible with human rights because it promotes the right to education.

 

Hon Dan Tehan MP, Minister for Education

 

Overview

The Other Grants Guidelines (Education) Amendment (Eligibility of Table B Providers) 2020 is a legislative instrument designed to amend the Other Grants Guidelines (Education) 2012 under the Higher Education Support Act 2003. Enacted by the Parliament of Australia, this amendment aims to address a gap in the eligibility of certain higher education providers to receive grants intended to promote equality of opportunity in higher education. The primary objective is to ensure that Table B providers, as defined in section 16-20 of the Act, can access grants for this purpose, thereby aligning with the broader goals of the Tertiary Access Payment initiative and other similar schemes. The amendment aligns with the commencement of the Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020, effective from 1 January 2021. This legislative change is crucial in ensuring that educational opportunities are more equitably distributed, particularly benefiting students in rural and remote areas. The Amendment Instrument is made under section 238-10 of the Higher Education Support Act 2003, allowing the Minister to issue guidelines that specify the eligibility of Table B providers for grants promoting equality in higher education. This amendment ensures that these providers can receive grants under Part 2-3 of the Act, which includes the Tertiary Access Payment initiative aimed at assisting students with the costs of relocating for tertiary study. By specifying Table B providers as eligible, the Amendment Instrument not only supports current initiatives but also paves the way for future grants designed to enhance educational equity. The instrument is 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 Other Grants Guidelines (Education) Amendment (Eligibility of Table B Providers) 2020 amends the Other Grants Guidelines (Education) 2012 to extend the eligibility for grants under the Higher Education Support Act 2003 to Table B providers, thereby ensuring these providers can receive grants aimed at promoting equality of opportunity in higher education. This amendment aligns with the objectives of the Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020, which seeks to enhance educational opportunities, particularly for students in rural and remote areas. The Amendment Instrument takes effect from 1 January 2021, coinciding with the commencement of relevant provisions of the 2020 Act. The changes are designed to support Table B providers in receiving grants for initiatives such as the Tertiary Access Payment, which assists students with relocation costs to undertake tertiary studies. The amendments are made under section 238-10 of the Higher Education Support Act 2003 and are intended to complement existing provisions for Table A providers without limiting their eligibility. This legislative update is compatible with human rights, particularly the right to education as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The Other Grants Guidelines (Education) Amendment (Eligibility of Table B Providers) 2020 (the Amendment Instrument) amends the Other Grants Guidelines (Education) 2012 to align with the Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020. Specifically, the Amendment Instrument modifies the eligibility criteria to allow Table B providers to receive grants for the promotion of equality of opportunity in higher education. Section 1 names the Amendment Instrument, while section 2 provides the commencement date of 1 January 2021, which coincides with the commencement of relevant parts of the 2020 Act. Section 3 specifies that the Amendment Instrument is made under section 238-10 of the Higher Education Support Act 2003. The Schedule details the amendments, with Item 1 clarifying the purpose of Chapter 1 of the Guidelines to include listing bodies corporate as eligible to receive grants for promoting equality of opportunity in higher education. Item 2 specifies Table B providers that are bodies corporate, thereby enabling them to receive grants for the same purpose. The obligations imposed by the Amendment Instrument on Table B providers include ensuring compliance with the new eligibility criteria for grants intended to promote equality of opportunity in higher education. Providers must meet the specified conditions to qualify for such grants, which could include participation in initiatives like the Tertiary Access Payment. The Amendment Instrument requires that Table B providers adhere to the guidelines as amended, ensuring they meet the requirements to receive grants under the Higher Education Support Act 2003. The obligations also extend to the Minister for Education, who must ensure that the amended guidelines are correctly applied and enforced. Any breach of the provisions set out in the Amendment Instrument may lead to legal consequences. Although the Amendment Instrument itself does not detail specific offences, penalties, or civil/criminal consequences for breach, the underlying Act provides for such provisions. Under the Higher Education Support Act 2003, breaches of the grant conditions could result in penalties, including fines and potential revocation of grant eligibility. The specific penalties are outlined in the Act and may include financial penalties for non-compliance or failure to meet the eligibility criteria. Civil or criminal consequences could arise depending on the severity and nature of the breach, as prescribed by the relevant sections of the Act.

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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.