Month: January 2026

The 2026 funding agreements, Part 1: Public university block grants

Andrew NortonLeave a comment

The 2026 higher education funding agreements, the legal basis of Commonwealth Grant Scheme funding, were published recently. This post examines public university funding for ‘higher education courses’.

‘Higher education courses’ has a specific legal meaning. It includes FEE-FREE Uni Ready (enabling) courses and coursework programs other than medicine, except for Indigenous students in bachelor degree courses, who are funded separately. Each public university receives a maximum basic grant amount (MBGA) for higher education courses. This funding is intended to be a flexible block grant. Universities can move money between qualification levels and disciplines, except for medicine.

Policy change

For 2026 the government has changed its policy on setting university MBGAs, as part of a transition to a new funding system under the proposed Australian Tertiary Education Commission. For 2023-2025 Labor retained the Coalition policy of indexing MBGAs to inflation and adding regional-campus-biased increments for population change. This policy led to many universities not using all their MBGA, known as ‘under-enrolment’. Coalition policies to compensate higher education providers for under-enrolment cost taxpayers $844 million between 2020 and 2023.

The government has, sensibly enough, decided not to keep increasing MBGAs for universities that cannot utilise the funds. The new policy, as summarised in the funding agreements, is:

  • For universities that significantly under-enrolled in 2024, the last year with ‘verified’ data, the provider will receive no increase in higher education courses MBGA between 2025 and 2026. Section 30-27(3) of the Higher Education Support Act 2003 prevents the government from lowering a MBGA between years.
  • Universities with enrolments valued at or near their MBGA will receive inflation indexation.
  • Universities with significant over-enrolment ‘may’ also receive a share of an over-enrolment fund.

In a document distributed to universities in 2025, significant over-enrolment was defined as delivering places valued at 5% or more above their MBGA.

Read More »

Higher education participation rates at age 19 – a migration data update

Andrew NortonLeave a comment

For many years I have published estimates of the domestic higher education participation rate at age 19. That age was chosen as it is the modal age of domestic higher education students.

To calculate a participation rate we need a count of domestic higher education students (Australian or NZ citizen, permanent resident) and a count of the ‘domestic’ population, that is all Australian or NZ citizens and permanent residents. There are significant issues with calculating both numbers – explained in this post from last year.

One of these issues is that the ABS population figures are inflated by temporary migrants. They need to be removed from the count to get a ‘domestic’ population figure. The ABS does not provide a temporary visa/domestic breakdown. As a workaround, my participation time series deducts international 19 year old higher education students from the ABS 19 year old population estimate.

A new methodology

This onshore higher education international students aged 19 correction, however, has several problems: a) the higher education enrolment data does not cover all higher education providers; b) vocational education students are not included; and c) other temporary visa holders in Australia are not included.

These omissions should lead to an under-estimate of the temporary visa population and, after their deduction, an over-estimate of the ‘domestic’ population.

To get a more accurate temporary population figure, I asked the Department of Home Affairs for data on 19 year old temporary visa holders in Australia on 30/06/2024, the date of the ABS population estimate. Some of these visa holders may not satisfy the population count rule – that the person is or will be in Australia for at least 12 months in a 16 month period. However, people with temporary visas who satisfy the 12/16 rule but who were temporarily absent from Australia on 30/06/2024 are omitted from the count.

Read More »

My ATEC Senate inquiry submission/legislation analysis

Andrew NortonLeave a comment

Submissions for the ATEC bills Senate inquiry are appearing on the inquiry’s website.

My submission turned into a detailed analysis of the two bills, the main one setting up ATEC and another with consequential amendments to the Higher Education Support Act 2003 and the TEQSA Act 2011.

It draws from my seven posts to date on the ATEC bills: on its objectives, on mission based compacts, on student contributions and funding rates, on ATEC’s independence from the government, on the setting of the Threshold Standards, on international student caps, and on ATEC commissioners and their qualifications.

The bills should be rejected

The short version of my view is that neither bill should pass.

Although the full scope of ATEC’s powers won’t be seen without further legislation, the mission based compacts alone, as drafted, give the government/ATEC unprecedented power over universities.

This power is inconsistent with university autonomy and with proper parliamentary control over government officials.

On the available evidence, this power would be used to pursue a narrow instrumentalist view of higher education. Even modest acknowledgements that education has purposes other than economic or equity goals, such as the references to ‘cultural and intellectual life’ in HESA 2003, are conspicuously absent from these bills.

Read More »

The Australian Tertiary Education Commission legislation, Part 7, The number of ATEC commissioners and their qualifications

Andrew Norton2 Comments

Under the bill to create the Australian Tertiary Education Commission there will be three ATEC commissioners: a Chief Commissioner, a First Nations Commissioner, and a Commissioner.

The commissioners will have significant administrative and advisory functions requiring expertise on a wide range of topics. I have covered two of these topics in detail in this series on the ATEC legislation, ATEC’s advice on the Threshold Standards that govern all higher education providers and on per student funding rates. Other subjects on which expertise will be needed include the equity groups, education demand, higher education administration, and research.

It’s not clear, however, that the three commissioners envisaged under the ATEC legislation will have expertise across the full range of fields.

Mapping ATEC functions and advisory roles against statutory selection criteria

In the Universities Accord (Australian Tertiary Education Commission) Bill 2025 sections 56 to 59 set out the qualifications for being a commissioner. All three commissioner roles have a general requirement for appropriate skills, knowledge and experience. Section 59 sets out specific required domains of knowledge and experience that they must collectively have. The table below maps these against the responsibilities of ATEC, as indicated across section 3 of the bill (Objects), section 11 (Functions) and section 41 (Advice and recommendations). 

Read More »

The Australian Tertiary Education Commission legislation, Part 6, International student caps

Andrew NortonLeave a comment

Under legislation to establish the Australian Tertiary Education Commission, introduced into Parliament in November 2025, a function of ATEC is to ‘allocate a maximum number of international student commencements to ESOS registered providers at the direction of the Minister’. This appears as section 11(h) of the Universities Accord (Australian Tertiary Education Commission) Bill 2025.

Does this create a power to cap international student numbers?

The ATEC bill’s explanatory memorandum states that further legislation will set out a framework for how international student commencements will be allocated (p. 8). But does section 11(h) on its own create a power to cap international students independently of this framework?

On its plain meaning I think it does. Section 33(1) of the Acts Interpretation Act 1901 says that: ‘When an Act confers a function or imposes a duty, then the power may be exercised and the functions or duty must be performed from time to time as the occasion requires.’

The minister can, by legislative instrument, create rules ‘necessary or convenient for carrying out or giving effect to this Act’, adding more detail to how the caps would work: section 75(1)(b), Universities Accord (Australian Tertiary Education Commission) Bill 2025.

Read More »