What’s new in university and NUHEP funding agreements, part 2: Inappropriate use of the agreements to create a new equity program

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In a previous post on the new funding agreements, I looked at the 2024 Commonwealth Grant Scheme funding for higher education courses and designated courses, along with the amended rules for course closures. In this post I look at a novel funding agreement section, which creates a new equity program financed by under-spends on the Commonwealth Grant Scheme. This program has legal and policy flaws. I also examine some paperwork problems with the agreements for non-university higher education providers and private universities.

What usually happens if universities under-enrol?

Due to weak student demand some, quite possibly many, higher education institutions will under-enrol in 2024 – that is, take Commonwealth-supported students valued at less than the maximum funding they can receive for higher education courses according to the funding agreements – this year a $7.24 billion pot of money.

By law, under-enrolment results in CGS grants being reduced – higher education providers are paid the lesser of the value of student places (on an EFTSL * relevant Commonwealth contribution formula) or their higher education courses maximum basic grant amount: section 33-5(2) of the Higher Education Support Act 2003 for Table A institutions and section 33-5(7), using the terminology of ‘total basic grant amount’ for other higher education providers receiving CGS funding.

Under section 164-10(1A) of HESA 2003 any overpayment is recovered by reducing grants paid to the under-enrolled provider or as a debt to the Commonwealth. Clause 4 of the funding agreements reiterates this requirement.

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What’s new in university funding agreements, part 1: Commonwealth Grant Scheme funding and course closure rules

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The 2024 university and NUHEP funding agreements were released earlier this month. These documents are the legal basis of most funding from the Commonwealth Grant Scheme, the main tuition support program. I have created a spreadsheet with institution-level funding, available here.

Overall funding levels

Any total CGS comparison with 2023 is approximate at this point, as we don’t yet have estimated payments for demand driven funding – 2024 is the first year that metropolitan as well as regional Indigenous bachelor-degree students are financed on this basis. This creates disruptions to the time series for two of the three main CGS pots of money – demand driven and ‘higher education courses’, which covers all Commonwealth supported students except Indigenous bachelor-degree students and medical students.

Higher education courses are by far the largest CGS category. In 2024 maximum higher education courses funding will be $7.24 billion, $452.2 million or 6.7% more than in 2023.

Table A providers (i.e. each government-created university plus ACU and Notre Dame) get 99.5% of this money, while nine other providers get the remaining $34.3 million.

For designated courses, currently medicine only, the 2024 total is $413.97 million up 8.1% on 2023.

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The 2003 Cabinet papers and Brendan Nelson’s higher education reforms

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In the history of Australian higher education policy Brendan Nelson, the Liberal minister for education from 2001 to 2006, is perhaps under-rated. Several student funding structural changes he legislated 20 years ago are still in place. These include:

  • Student contributions set by universities up to a legislated maximum and going to universities (previously HECS was a fixed government charge);
  • A per full-time equivalent student Commonwealth contribution based on subject field of education (previously universities received an overall operating grant, which although informed by an early 1990s costing exercise did not directly tie money paid to discipline-level enrolments);
  • Commonwealth-university funding agreements as a method of allocating student funding to institutions, which made funding arrangements more transparent (but also turned into a backdoor instrument of policy and regulation that bypasses Parliament);
  • Through FEE-HELP, extension of student loans to full-fee undergraduates and students in private higher education institutions (the more limited Postgraduate Education Loan Scheme, PELS, was already supporting university full-fee postgraduates).

The 2003 Cabinet papers

The annual National Archives release of 20-year-old Cabinet papers, with the 2003 papers released earlier this week, gives us a look behind the scenes as Nelson’s reform package was developed and debated. Three digitised Cabinet documents record proposals and decisions, but not the Cabinet discussion. Sometimes, however, Cabinet thinking can be inferred from requests for further work and contextual material in the submissions.

This post focuses on changes to income contingent student loans.

The loan scheme that did not make it through Cabinet

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What’s going on with domestic undergraduate numbers? Part 1, Demographic differences

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Higher education enrolment data for 2022 was released on Monday. Overall enrolments fell 3.2% in 2022 compared to 2021. A 1.9% increase in international student numbers partly offset a 5.1% decline in domestic numbers. In 2021 overall enrolments also fell, with the opposite dynamic – an increase in domestic students partly offset a decline in international student numbers. The 2021 and 2022 enrolment decreases were the first total enrolment reversals since the early 1950s.

Domestic undergraduates

This post focuses on domestic undergraduates, the subject of many media inquiries and much speculation. The chart below shows that enrolments started growing in the late 2000s, at a fast rate during the demand driven funding era, before entering a more subdued phase in the late 2010s and then the decline discussed in this post. Sub-bachelor courses are a larger share of the total more recently than in the 2000s.

Overall domestic bachelor enrolments decreased 4.9% in 2022 compared to 2021. Despite a 2 percentage point increase in attrition rates for commencing 2021 students into 2022, the continuing cohorts offset a larger fall in commencing bachelor-degree students of 8.6%. That’s more than double the previous largest commencing student decline this century, in 2003, when the then-minister cracked down on over-enrolments. Sub-bachelor numbers are down around 4% for both commencing and total.

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The revised support for students policy

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The draft support for students guidelines received significant negative feedback from the higher education sector. As I wrote in a couple of blog posts, the guidelines interfered in matters of academic judgment and interacted with existing regulations in ways that create duplication and confusion.

Academic judgment

I’m glad to say that the interference in academic judgment provisions have been removed in the enacted support for students guidelines.

Regulatory overlap

The support guidelines explanatory statement discusses their relationship with the higher education threshold standards, which are administered by TEQSA. It says that the threshold standards set the ‘minimum’ requirements while the support for students policy, which is administered by the Department of Education, sets ‘additional, complementary requirements on providers to support their students.’

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Reducing the number of ‘permanently temporary’ former international students

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While I agree with the goals of today’s big migration policy changes, they will make life more difficult for universities relying on migration-motivated international students. In most cases, former international students will be able to stay in Australia on temporary graduate visas for less time than now. Other options for remaining in Australia, such as returning to a student visa, will become more difficult.

These policy changes aim to reduce temporary migrant numbers. The pressure temporary migrants place on accommodation and other services made this an urgent policy and political issue. But prior to this there were also significant concerns about temporary migrants themselves, in their vulnerability to labour market exploitation and prolonging their time in Australia in the often false hope of eventual permanent residence, as ‘permanently temporary’ migrants. The Parkinson migration review, released in March this year, set out an agenda for change.

Future policy on permanent residence is still under development, with some signals discussed below. Whether the number of former international students getting PR will go down remains to be seen. But clearer rules will mean PR aspirants can cut their losses at an earlier point. Fewer will delay important career and family events and decisions due to uncertainty about their long-term country of residence.

Shorter-stay temporary graduate visas

In September 2022 the government announced its decision to add two years to the sub-class 485 temporary graduate visa for graduates with degrees in areas of ‘verified skill shortages’. In the critique I wrote at the time I was ‘far from convinced that a 485 time extension is a good or ethical policy’, and so I am glad that this policy will be abolished.

As the chart below from the migration plan shows, they will also cut the base time period for a masters by coursework from three years to two years, and for a PhD from four years to three years. The regional extension, however, will remain.

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The complex rules around admitting, funding and supporting higher education students

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[Update 18/12/2023: Some parts of this post have been revised as the enacted student support guidelines replaced the draft guidelines. The revisions are noted in the text.]

The support for students policy discussed in a previous post adds to an already complex system for admitting, funding and supporting higher education students. Universities have strongly argued against additional bureaucratic processes in areas covered by existing regulation. This is a positive sign – a much better strategy than taking under-funded nuclear submarine student places – and I hear that the final support for students guidelines will be at least somewhat better than the draft guidelines.

The content below is my attempt to understand how all the different rules in this space overlap, interact and potentially contradict each other. While the support for students parts may change soon (the legislation operates from 1 January 2024 [Update 18/12/2023: Now delayed until 1 April 2024]), some existing rules look redundant to me. A warning: this post contains mind-numbing details and distinctions.

Initial admission to a course

The most general rules apply on admission to a course, with TEQSA responsible for enforcement. These protect high-risk students and appear in the higher education threshold standards. They require that:

“Admissions policies, requirements and procedures are … designed to ensure that admitted students have the academic preparation and proficiency in English needed to participate in their intended study, and no known limitations that would be expected to impede their progression and completion”: Part A, section 1.1.

Order of funding priority

For Commonwealth supported students selection decisions must, in the “provider’s reasonable view” be made on “merit”: section 19-35(2) of the Higher Education Support Act 2003. The provider can, however, take into account “educational disadvantages that a particular student has experienced”: section 19-35(3).

As I noted last year, this requirement is in tension with university practices and government policies on admitting members of equity groups in preference to other applicants. The equity group categories are only proxies for educational disadvantage; membership does not say anything certain about a “particular student”.

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The 16 universities signing up to subsidise the nuclear submarine program

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Sixteen universities have, according to a media release today, been allocated places in 38 STEM-related courses intended to support the AUKUS nuclear submarine program. The government says it is investing $128 million over four years. In reality, however, universities will need to divert resources from other activities to support nuclear submarine training.

The 75% costing methodology

Universities will need to self-finance some AUKUS places due to what the program guidelines call ‘the standard 75 per cent costing methodology’. In the program’s second year its funding for the first year’s continuing students will be 75 per cent of their commencing year allocation, and so on in subsequent years until no money is left.

Some reduced funding to take account of student attrition is reasonable, but 25 per cent is not. Over the 2005 to 2020 period the proportion of domestic commencing bachelor students leaving their university after first year peaked at 18.4 per cent. Nearly half the nuclear submarine places went to Group of Eight universities, which have lower attrition rates than the national average.

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The growing threats to academic decision making

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Update 18/12/2023: The enacted student support guidelines remove the interference in academic judgment discussed in this post. The changes are highlighted in the relevant parts of the text.

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The current government, and the Accord review that it commissioned, have – with the exception of ministerial approval of ARC grants – taken an interventionist approach to higher education policy.

My commentary has focused on micromanaged allocations of student places (eg here and here). While these policies are misguided, the allocation of funding is within the historical scope of the Commonwealth’s higher education powers. However there is also a pattern of actual or proposed interference in matters previously left to academic or university judgment. This is unusual in a country where university autonomy over academic matters has mostly been respected.

Curriculum matters

Next year a new loan scheme will begin for business start-up programs, STARTUP-HELP. Unusually, its legal guidelines include detail about required course content. Normally universities are self-accrediting within standards enforced by TEQSA, an organisation deliberately designed to be at arms length from government.

The content requirements (below) don’t seem unreasonable in themselves, and were perhaps necessary to identify what exactly STARTUP- HELP was supposed to cover. The bigger practical problem here is that this loan scheme is unnecessary. But the precedent of the government directly regulating course content is not one I like being set.

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The dangers of single point of failure higher education systems

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When the entire Optus network went down last week – knocking out mobiles, landlines and internet connections – my new paper Job-ready Graduates 2.0: The Universities Accord and centralised control of universities and courses was in the late stages of production. If the Optus incident had happened earlier I might have included more on the risks of the Accord interim report’s proposed Tertiary Education Commission as a single point of failure.

A Tertiary Education Commission’s role in allocating student places

My new report builds on my earlier explainer of the Accord interim report’s proposals for distributing student places, focusing on how this would affect the relationship between higher education and skills needs.

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