House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Minister for Education, the Honourable Dan Tehan 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 (Cost Recovery) Bill 2019

The Higher Education Support Amendment (Cost Recovery) Bill 2019 ( 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 Higher Education Support Amendment (Cost Recovery) Bill 2019 is a Bill to amend Divisions 16 and 19 of the Higher Education Support Act 2003 ( HESA ) to:

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implement an application fee for applications for approval as higher education providers whose students are entitled to FEE-HELP assistance under HESA; and

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provide for the administration of the annual charge on higher education providers under the Higher Education Support (Charges) Bill 2019 ( Charges Bill ).

Under the Charges Bill, the amount of the annual charge will be an amount prescribed by the regulations or as worked out in accordance with the manner prescribed by the regulations. It is anticipated the amount of the charge will differ depending on the size of the provider (determined by the number of enrolments per year), recognising the impost of such a charge on smaller providers. Prior to the introduction of the regulations, a fees schedule will be determined that is consistent with the Australian Government Cost Recovery Guidelines (available from www.finance.gov.au ) and documented in a cost recovery implementation statement (CRIS).

This Bill will require higher education providers to pay the annual charge as an ongoing requirement of their approval under HESA, and will facilitate the collection and recovery of the annual charge by the Department of Education.

The Bill also implements an application fee on prospective FEE-HELP providers to fund the FEE-HELP provider application process, including the costs of administering and assessing the applications from prospective providers seeking approval as a higher education provider under HESA. The amount of the application fee will be a flat fee on prospective FEE-HELP providers (payable upon submission of an application for assessment) that will be calculated in accordance with the manner prescribed by the Higher Education Provider Guidelines.

Summary of analysis

The Bill does not engage any of the applicable rights or freedoms of individuals, and therefore the Bill is compatible with human rights.

Analysis of human rights implications

The Bill does not engage any of the applicable rights or freedoms of individuals. It amends HESA to implement an application fee for an application for approval as a higher education provider whose students are entitled to FEE-HELP assistance under HESA, and to reflect the introduction of an annual charge on higher education providers under the Charges Bill.

Conclusion

The Bill is compatible with human rights because it does not raise any human rights issues.