EXPLANATORY STATEMENT
Guidelines issued under section 238-10 of the Higher Education Support Act 2003
Other Grants Guidelines (Education) Amendment (Women in STEM Program Enhanced Flexibility) 2021
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”.
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 Other Grants Guidelines (Education) 2012 (the Principal Instrument) made by this instrument rely on this provision.
Legislative background
The Act provides for the Commonwealth to give financial support for higher education and certain vocational education and training through grants and other payments and through financial assistance to students. Under Part 2-3 of the Act, the Commonwealth can grant “other grants” to higher education providers and other bodies corporate for a variety of purposes.
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”. The Principal Instrument sets out the guidelines that apply to “other grants” made under Part 2-3 of the Act.
Purpose and operation
The Women in STEM Cadetships and Advanced Apprenticeships Program (the Program) is specified as a program for the purposes of subsection 41-15(1) of the Act. Part 5 of the Principal Instrument specifies matters, for the purposes of, subsection 41-15(2) of the Act in relation to the Program.
The purpose of the Other Grants Guidelines (Education) Amendment (Women in STEM Program Enhanced Flexibility) 2021 (the Amending Instrument) is to provide capacity for the enrolment of students who are employed by a broader range of employers, to specify that grants to employers must be used to support the provision of higher education and to make some minor editorial changes.
The amendments are intended to allow wider access to the Program, for example to women employed by government schools. This is in line with the purpose of the Program, being to improve the participation of women in science, technology, mathematics, and engineering Fields of Education.
The amendments also provide greater clarity regarding the purposes for which employers must use the funds granted to them. In particular, employers must use the funds granted to them to support the provision of higher education through: providing flexible working arrangements to support the provision of higher education and enable employees to undertake study; collaborating with higher education providers on the development or design of courses of study; work-based assessment; supervision; providing study equipment and resources; reimbursing employees for expenses relating to their study; work integrated learning; and associated program administration.
Commencement
The Amendment Instrument takes effect from the day after the Amendment Instrument is registered on the Federal Register of Legislation.
Consultation
The proposed measures were informed by discussions with affected providers and in some cases partner employers who were concerned about the eligibility for the program being limited to employees of bodies corporate. The proposed measures address their concerns by providing capacity for the enrolment of students who are employed by a broader range of employers.
Regulatory impact statement
There is minor regulatory impact resulting from the amendment. The OBPR reference ID is 43263.
Detailed explanation of the Other Grants Guidelines (Education) Amendment (Women in STEM Program Enhanced Flexibility) 2021
Section 1 – Name
This section provides that the title of the Amendment Instrument is the Other Grants Guidelines (Education) Amendment (Women in STEM Program Enhanced Flexibility) 2021.
Section 2 – Commencement
This section provides for the commencement of the Amendment Instrument as the day after the Amendment Instrument is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the Amendment Instrument is made under section 238-10 of the Higher Education Support Act 2003.
Section 4 – Schedule
This section 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 – Paragraph 1.180.1(b)
This item amends paragraph 1.180(b) to correct a reference to “paragraph” and replaces it with “subsection”.
Item 2 – Section 1.190
This item inserts a new subsection that provides that a provider may be awarded an additional equality of opportunity payment, as specified in the deed of agreement with the Commonwealth, for the purposes of promoting equality of opportunity in higher education.
Item 3 – Subsection 1.190.15
This item amends subsection 1.190.15 to correct a reference to “subsection” and replaces it with “section”.
Item 4 – Paragraph 1.190.15(c)
This item amends paragraph 1.190.15(c) to specify that providers under the Women in STEM Cadetships and Advanced Apprenticeships Program may only enrol students who are employed by an employer that agrees to release participating employees for study purposes over the duration of the course.
Item 5 – Subsection 1.190.30
This item inserts a new paragraph that sets out that providers must, in their biannual report, include information about the provider’s compliance with the conditions applicable to its use of any additional equality of opportunity payment.
Item 6 – Section 1.195
This item inserts a new subsection that clarifies that grants to employers under the Women in STEM Cadetships and Advanced Apprenticeships Program must be used to achieve the objective listed in subsection 1.175.1.
Item 7 – Subsection 1.195.20
This item repeals the previous subsection 1.195.20 to clarify that grants to employers must be used to support the provision of higher education, through: providing flexible working arrangements to support the provision of higher education and enable employees to undertake study; collaborating with higher education providers on the development or design of courses of study; work-based assessment; supervision; providing study equipment and resources; reimbursing employees for expenses relating to their study; work integrated learning; and associated program administration.
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 (Women in STEM Program Enhanced Flexibility) 2021
The Other Grants Guidelines (Education) Amendment (Women in STEM Program Enhanced Flexibility) 2021 (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 Other Grant Guidelines (Education) 2012 (the Principal Instrument) to provide capacity for the enrolment of students who are employed by a broader range of employers, to specify that grants to employers must be used to support the provision of higher education and to make some minor editorial changes.
Human rights implications
Right to education
The Amendment Instrument supports the right to education, under Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Paragraph 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 amends the Principal Instrument to specify that providers in the Women in STEM Cadetships and Advanced Apprenticeships Program (the Program) may only enrol students who are employed by an employer that agrees to release participating employees for study purposes over the duration of the course. This would allow students who are employed by employers who are not bodies corporate to participate in the Program and increases the number of women who will be able to pursue higher education under this Program.
The Amendment Instrument supports the right to education more broadly by opening the Program up to more students and making higher education more accessible to a wider cohort of students.
Conclusion
This Amendment Instrument is compatible with human rights because it promotes the right to education.
The Hon Alan Tudge MP, Minister for Education and Youth