House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Tertiary Education, Skills, Science and Research, Minister for Small Business, The Honourable Chris Bowen, MP)

Statement of Compatibility with Human Rights

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

This 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 Bill

The Bill amends the Higher Education Support Act 2003 to expand eligibility for OS-HELP assistance and provides additional incentives for university students to undertake part of their course of study in Asia. OS-HELP is a loan program to assist eligible students to pay expenses associated with undertaking overseas study as part of their higher education.

This Bill expands eligibility for OS-HELP by:

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extending eligibility to postgraduate Commonwealth supported students;

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reducing the Equivalent Full Time Student Load (EFTSL) units that a student must have remaining on the completion of the study outside Australia from 0.5 to 0.125 units; and

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removing the requirement to be enrolled with an overseas higher education institution, or at an overseas campus of a home provider. This will allow students to undertake activities which may not otherwise be considered as being enrolled in one of these institutions, such as clinical placements and internships.

The Bill increases the maximum OS-HELP loan amount for students studying in Asia to $7,500.

The Bill further provides for a supplementary loan of up to $1000 for students who undertake intensive study in an Asian language in preparation for undertaking overseas study in Asia.

Human rights implication

Right to education

Schedule 1 of the Bill engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.

By expanding eligibility for the OS-HELP scheme and increasing assistance for students undertaking part of their course of study overseas, the Bill will provide further incentive for undertaking higher education overseas, particularly in Asia. This will enhance Australian students' access to education, including the kind of education students can receive as the Bill will allow students to undertake clinical placements and internships overseas.

While increasing assistance for students undertaking part of their course of study overseas, the maximum loan amounts for OS-HELP are capped having regard to reasonable, proportionate and necessary constraints on public spending.

Conclusion

The Bill is compatible with human rights as these amendments further advance the right to education.