This bill became law on Nov 29th, 2022.
Education & skills
Students now need both a Unique Student IdentifierA national student number that universities and the federal education department use to track a student's study record and support eligibility. and to give it to their university and the federal education department to get Commonwealth-supported places and HELP loans.
Universities had trouble collecting students’ Unique Student Identifiers, enabling courses risked counting against study limits, and the 2022 FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. fee relief was due to expire. The bill requires students to provide a USIA national student number that universities and the federal education department use to track a student's study record and support eligibility., protects enabling-course places, extends FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. to pilot microcredentials, continues 2022 fee relief, and removes the upfront-payment discount.
Before this bill, higher education law still carried a 10 per cent discount for students who could pay their Commonwealth-supported contribution upfront, temporary FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. loan-fee relief for full-fee undergraduates was due to end in 2022, and universities were struggling to collect students’ Unique Student Identifiers while some preparatory and short-course settings did not fit cleanly within student-support rules. The bill pulled together measures that had lapsed at the election and Labor’s own equity pledge, requiring USIs for Commonwealth support and HELP, protecting enabling courses from lifetime study limits, extending support to pilot microcredentials, and then, after passage, ending the upfront discount and allowing the 20 per cent FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. loan fee to return from 1 January 2023.
The main criticism was that the bill was too limited and, in one part, still left students worse off by removing the 10 per cent upfront payment discount. These concerns were narrow rather than broad opposition: the Greens argued the government should unwind wider Job-ready GraduatesThe higher education fee and funding package criticised in the debate for making some courses more expensive and less fair. changes, while the Coalition still backed the bill despite saying it would have preferred to keep the discount.
Jason Clare MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 29 Nov 2022
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
33 days
From introduction to the latest recorded parliamentary step
Meaning
Students now need both a Unique Student IdentifierA national student number that universities and the federal education department use to track a student's study record and support eligibility. and to give it to their university and the federal education department to get Commonwealth-supported places and HELP loans.
Preparatory university courses that help students qualify for a degree no longer use up a student’s lifetime limit on Commonwealth-supported study.
Eligible students can now use FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. for some short university courses under the microcredentialA short course that teaches a specific skill, which this bill lets some domestic students fund with FEE-HELP under the pilot. pilot, aimed at job-focused skills and flexible study.
Full-fee undergraduate students using FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. got a temporary extension of the loan fee exemption for 2022, with the 20 per cent loan fee returning from 1 January 2023.
From 1 January 2023, students who pay upfront for Commonwealth-supported university places no longer get a 10 per cent discount, so upfront payers and HELP borrowers pay the same course amount.
The purpose of this Part is to amend provisions in the Higher Education Support Act 2003 (HESA) to provide new student identifier requirements that strengthen student identifier reporting arrangements. The new student identifier requirements require that students both have a student identifier, and give their student identifier to their higher education provider and the Secretary by a specified time, to be eligible for Commonwealth assistance.Education Legislation Amendment (2022 Measures No. 1) explanatory memorandum
Item 12 amends paragraph 76-1(1)(a) to exclude enabling courses from the operation of paragraph 76-1(1)(a). The effect of this amendment is that a person’s SLE amount will not be reduced for units of study undertaken as part of an enabling course. This is consistent with paragraph 36-10(1)(d) of HESA, which enables a higher education provider to advise a person that they are a Commonwealth supported student in relation to a unit of study in an enabling course irrespective of whether that unit is covered by the person’s SLE. The policy intention is that the SLE should not impact a person’s ability to study in an enabling course as a Commonwealth supported student and, therefore, the person’s SLE amount should not be reduced for units of study undertaken as part of an enabling course.Education Legislation Amendment (2022 Measures No. 1) explanatory memorandum
Item 14 amends section 104-10 of HESA, which deals with eligibility for FEE-HELP assistance. This item inserts new subparagraph 104-10(1)(b)(i) which ensures that eligibility is extended to courses of study which are microcredential courses. Item 15 amends the definition of ‘course of study’ and item 16 inserts a new definition of ‘microcredential course’, both of which will be contained in clause 1 of Schedule 1 to HESA (the definitions provision). The term ‘microcredential course’ is defined as a course that consists of units of study (within the existing meaning of HESA) where the course meets the requirements specified in the FEE-HELP Guidelines.Education Legislation Amendment (2022 Measures No. 1) explanatory memorandum
Item 1 amends subparagraph 137-10(2)(b)(i) to replace the date of 31 December 2021 with the date of 31 December 2022. This amendment has the effect of extending the loan fee exemption to units of study with census dates between 1 January 2022 and 31 December 2022.Education Legislation Amendment (2022 Measures No. 1) explanatory memorandum
Item 4 repeals section 36-50, which specifies that a provider must not accept, from a person who is enrolled in a unit of study with the provider and is entitled to HECS‑HELP assistance for the unit, up-front payments in relation to the unit totalling more than 90 per cent of the person’s student contribution amount for the unit. As a result of changes made in this Schedule, a student will need to pay 100 per cent of their student contribution amount, whether they pay up-front or defer it through the HELP system. As a result, providers must be able to accept up-front payments totalling 100 per cent of the person’s student contribution amount for a unit of study.Education Legislation Amendment (2022 Measures No. 1) explanatory memorandum
Context
Before this bill, higher education law still carried a 10 per cent discount for students who could pay their Commonwealth-supported contribution upfront, temporary FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. loan-fee relief for full-fee undergraduates was due to end in 2022, and universities were struggling to collect students’ Unique Student Identifiers while some preparatory and short-course settings did not fit cleanly within student-support rules. The bill pulled together measures that had lapsed at the election and Labor’s own equity pledge, requiring USIs for Commonwealth support and HELP, protecting enabling courses from lifetime study limits, extending support to pilot microcredentials, and then, after passage, ending the upfront discount and allowing the 20 per cent FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. loan fee to return from 1 January 2023.
Earlier higher education amendments are introduced but later lapse at the election
Opposition speakers said five of the bill’s practical measures, including the USIA national student number that universities and the federal education department use to track a student's study record and support eligibility., enabling-course, microcredentialA short course that teaches a specific skill, which this bill lets some domestic students fund with FEE-HELP under the pilot. and FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. changes, had first been introduced in February 2022 before lapsing when the previous parliament ended.
Hansard ↗Labor promises to scrap the upfront student-payment discount
During the election campaign Labor pledged to remove the 10 per cent discount for students who paid their Commonwealth-supported contribution upfront so students would face the same course charge regardless of ability to pay immediately.
Australian Financial Review ↗Government introduces a combined higher education bill
Jason Clare introduced the bill as a package to improve access to higher education and build a more skilled workforce by reviving the lapsed measures and adding Labor’s discount change.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the USIA national student number that universities and the federal education department use to track a student's study record and support eligibility. requirement, enabling-course protection, microcredentialA short course that teaches a specific skill, which this bill lets some domestic students fund with FEE-HELP under the pilot. pilot support and temporary FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. loan-fee extension to become law.
Parliamentary timeline ↗Upfront discount ends and the FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. loan fee returns
After the Act’s passage, students paying upfront for Commonwealth-supported places no longer received a 10 per cent discount and the temporary exemption from the 20 per cent FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. loan fee ended for full-fee undergraduates.
Hansard ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal step where the Governor-General signs a bill and it becomes law., turning the bill into an Act.
Key criticism
The main criticism was that the bill was too limited and, in one part, still left students worse off by removing the 10 per cent upfront payment discount. These concerns were narrow rather than broad opposition: the Greens argued the government should unwind wider Job-ready GraduatesThe higher education fee and funding package criticised in the debate for making some courses more expensive and less fair. changes, while the Coalition still backed the bill despite saying it would have preferred to keep the discount.
No party represented in the debate opposed the bill, but some support came with reservations about cost and scope.
Too narrow to fix bigger fee problems
The sharpest criticism was that the bill only makes small adjustments and does not tackle the broader Job-ready GraduatesThe higher education fee and funding package criticised in the debate for making some courses more expensive and less fair. fee hikes and funding cuts, which were described as unfair and harmful to students, staff and universities.
Students lose an upfront payment incentive
The bill removes the 10 per cent HECSA government loan linked to Commonwealth-supported study that lets students defer paying their student contribution. upfront-payment discount from 1 January 2023, which means students who can pay upfront no longer receive a price reduction. Coalition speakers still supported the change for budget reasons, but said the discount ideally should have remained.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Jason Clare supports the bill, saying it improves equality of access to higher education, extends help for students and providers, and funds more university places for under-represented groups.
Read in Hansard ↗Susan McDonald supports the bill and recommends it to the Senate, arguing that it continues the coalition's higher education agenda and improves clarity around microcredentials, student entitlements, and settings for New Zealand citizens.
Read in Hansard ↗Duniam says the opposition will support the bill because it carries over several Coalition measures that help students and providers, including FEE-HELPA government loan that helps eligible students pay tuition fees for some university study. relief, microcredentials, enabling courses and USIA national student number that universities and the federal education department use to track a student's study record and support eligibility. changes.
Read in Hansard ↗Alan Tudge says the coalition will support the bill because it restores five measures the former government had introduced and also backs the measure ending the 10 per cent HECSA government loan linked to Commonwealth-supported study that lets students defer paying their student contribution. upfront-payment discount because of the budget savings, even though he says that discount ideally should stay.
Read in Hansard ↗All speeches by bloc
2 speakers · 2 support
“This bill amends the Higher Education Support Act2003 to improve equality of access to higher education and support this government's commitment to building a highly skilled workforce.”Read the full speech in Hansard ↗
“The bill will improve a quality of access to higher education and support the government's commitment to building a highly skilled workforce. Our election commitment to remove the 10 per cent HECS-HELP discount for upfront payments is projected to save $144 million over the forward estimates—a saving which will help fund the government's 20,000 new university places, which have been allocated to students who are underrepresented in our universities and which are also dedicated to those areas where we face skills challenges. It's another step forward for fairer access to higher education across the country.”Read the full speech in Hansard ↗
3 speakers · 3 support
“This is a bill that I recommend to the Senate. I think it has broad support across the Senate because it provides for a continuation of the development and focus on higher education that the coalition had started, and a greater focus on those elements of microcredential courses in particular, as well as the clarification of the lifetime student learning entitlements.”Read the full speech in Hansard ↗
“The coalition will continue to back measures that strengthen and grow our higher education sector, ensuring that all Australians, should they wish to do so, can access a world-class higher education, whether they live in the cities, the regions or the remote parts of our country.”Read the full speech in Hansard ↗
“The coalition will be supporting the Education Legislation Amendment (2022 Measures No. 1) Bill 2022. The purpose of the bill is to give effect to five measures introduced by the former coalition government, and then a further new measure by the new government to cease the 10 per cent discount for the upfront payment of student contributions. Five of the measures, which I'll go through, were introduced by our government. These are measures which I put in place when I was education minister. We introduce those into the parliament in February, but they lapsed by the time the election came around. I'm pleased that the government is picking up those five particular measures, which I'll go through in a moment, and adding a further measure, which I'd like to discuss as well in terms of our particular position on it.”Read the full speech in Hansard ↗
1 speaker · 1 support
“I rise to speak on the Education Legislation Amendment (2022 Measures No. 1) Bill. The Greens support this bill, which extends the FEE-HELP loan fee exemption to 31 December 2022. It extends FEE-HELP to students who participate in microcredential pilot courses, clarifies that enabling courses will not count towards a student's lifetime limit of Commonwealth support, provides that New Zealand citizens are eligible for HECS-HELP and FEE-HELP if they are resident in Australia for the duration of the unit and makes other minor amendments to the Higher Education Support Act. Importantly, the bill also removes the 10 per cent HECS-HELP discount for students who pay their student fees upfront.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal step where the Governor-General signs a bill and it becomes law., turning the bill into an Act.
