Explanatory Memorandum
(Circulated by authority of the Minister for Education, the Hon Jason Clare MP)Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Higher Education Support Amendment (Australia's Economic Accelerator) Bill 2022
The Higher Education Support Amendment (Australia's Economic Accelerator) Bill 2022 (the Bill) 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 Bills
The purpose of the Bill is to amend the Higher Education Support Act 2003 (HESA) to allow the Minister to make grants to:
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- support arrangements to increase industry-led postgraduate research; and
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- assist higher education providers to undertake programs of research which:
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- progress the development of technologies and services to a state of commercial investor readiness; and
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- are in sectors aligned with areas of national priority.
Industry-led postgraduate research
The Bill amends HESA to allow for grants to be made under Part 2-3 to support new industry-led study and postgraduate research. This will provide the legislative authority for new industry-led postgraduate programs that will create a clear and structured career pathway in innovation and commercialisation focused research and are intended to drive reform of existing funding and reward structures in Australian universities. It will embed researchers in industry settings, enhancing research commercialisation and translation skills and building research careers in industry.
Australia's Economic Accelerator
The Bill amends HESA to allow for grants to be made under Part 2-3 to support the operation of the Australia's Economic Accelerator program and establishes a new governance framework to support the delivery of this program. The governance framework will include the Australia's Economic Accelerator Advisory Board (AEA Advisory Board) appointed by the Minister, and priority managers who will be engaged by the Secretary to support the work of the Advisory Board. The AEA Advisory Board will be responsible for advising the Minister in relation to the Australia's Economic Accelerator program, including providing advice on the objectives, conditions of eligibility and conditions of grants. The AEA Advisory Board will also oversee the priority managers and advise the Minister on the commercialisation of research, including through a research commercialisation strategy which is to be developed every five years (with the first strategy to be developed as soon as practicable after commencement of these amendments).
The AEA Advisory Board will also develop an investment plan each financial year for Australia's Economic Accelerator outlining the areas of national priority, amount of funding available and any other matters the Board considers appropriate to ensure the program meets the program's objectives.
As soon as practicable after the end of each financial year, the AEA Advisory Board will provide an Annual Report to the Minister for presentation to Parliament. This report will cover the Board's operations during the year, the performance of the Australia's Economic Accelerator program and progress against the research commercialisation strategy. It will detail achievements in commercialising university research in areas of government priority as well as identifying regulatory, financial and cultural barriers to commercialising university research in areas of government priority and suggest how they might be addressed.
The AEA Advisory Board will consist of up to eight members, who will possess experience and knowledge in research and its commercialisation, and represent government, industry and research sectors.
Priority managers will support the work of the AEA Advisory Board and the Australia's Economic Accelerator program more broadly by providing technical and specialist skills and knowledge in supporting projects funded under the program.
The Bill also establishes new information management provisions to provide for how Australia's Economic Accelerator program information is to be handled.
Human rights implications
The Bill engages the following human rights:
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- the right to work - Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); and
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- the right to education - Article 13 of the ICESCR.
Right to work
The Bill engages with the right to work set out in Article 6 of the ICESCR. Article 6(1) of the ICESCR recognises "the right of everyone to the opportunity to gain [their] living by work" and that the State will "take appropriate steps to safeguard this right". Article 7(2) cites "technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual" as steps to be taken by a State Party to achieve the full realisation of the right contained in Article 6(1).
The amendments to allow for grants to be made to support new industry-led study and postgraduate research promote the right to work as it is a measure to support stronger links between universities and industry and ensures that researchers will obtain skills in translating their research to commercial outcomes, assisting researchers in building research careers in industry as researchers gain knowledge and experience on how research is undertaken in an industry setting.
The amendments to allow for grants to be made under Part 2-3 of HESA to support the Australia's Economic Accelerator program will also promote the right to work because it will support and help build strong links between universities and industry, and help assist researchers in developing the skills to develop their research to a state of commercial level readiness.
Right to education
The Bill engages the right to education, which is set out in Article 13 of the ICESCR. Article 13 recognises the important personal, societal, economic and intellectual benefits of education.
Article 13 provides that secondary education in all its different forms, including higher education, shall be made generally available and accessible to all by every appropriate means.
The amendments to allow for grants to be made under Part 2-3 of HESA to support the Australia's Economic Accelerator program will promote the right to education because it will strengthen and ensure the ongoing quality of Australia's higher education sector through assisting higher education providers to develop research to a state of commercial investor readiness.
The amendments to allow for grants to be made to support new industry-led study and postgraduate research also promote the right to education as it will provide support for students to complete their postgraduate research program by providing funding for the provision of scholarships and payments to employers to support these students in undertaking further study. This will reduce these students' barriers to education and promote the right to education.
Conclusion
The Bill is compatible with human rights because it promotes the right to work and the right to education.