Chapter 2 - Opposition Senators' Report
2.1
Opposition
senators make a supplementary report on this inquiry, first in order to relate
this 'machinery legislation' to the absence of sensible government policy on
student income support, as exposed by the reference committee's June 2005
report. This bill formally closes the Student Financial Supplement Scheme,
which administratively ceased at the end of 2004, and no replacement appears
likely.
2.2
A second point in
this report acknowledges that the Opposition proposes to move in the House of
Representatives an amendment relating to the scope of extrinsic materials
referred to in Regulations, and also reflect the undertaking given by DEST in
response to questions addressed on notice to DEST by the committee. DEST has also
agreed to recommend to the Minister that the Explanatory Memorandum be amended
to correct a misleading reference to ABSTUDY and the Assistance for Isolated
Children Scheme Policy Manuals in relation to subsection 48(2) of the bill.
Closure of the Student Financial Supplement
Scheme
2.3
Last year, the
Government decided to administratively close down this Scheme because they
could not get support in the Senate to close it by legislation. The Government
then refused to make a new contract with a financial institution.
2.4
In 2002, the last
year of the Scheme’s operation, just under 40,000 students applied for and
accepted loans. Of these students, 15.6 per cent were indigenous, 15.2 per cent
were recorded as single parenting payment recipients, 12.2 per cent were not
born in Australia and 54.7 per cent were women. These figures reinforce 2003
data provided by the Government that disclosed that the largest beneficiaries
of these loans were low income earners (single parents, disabled and indigenous
students) with no access to support from other sources, such as their parents,
or who were without jobs.
2.5
The SFSS assisted
the most financially vulnerable students, without which continuation of their
studies was put at grave risk. For this reason, Opposition senators remain very
concerned that closure of this financial support scheme has been undertaken
without any replacement. Opposition senators again draw the Senate’s attention
to the June 2005 report of the references committee on student income support. This
exposed the severe shortcomings of the Government in this area of public
policy.
2.6
The preface to
the report records that:
Over the last decade the
student income support system has operated in a policy vacuum. It is now
showing the signs of this neglect. The Government's preoccupation with program
efficiency over policy effectiveness and continuing problems with Centrelink's
delivery of payments have taken their toll on students. The current level of
income support does not come to close to providing students with a decent
living wage to cover the cost of accommodation, food, bills and transport. The
level of income support has been falling steadily behind the rising cost of
living. This has resulted in many students experiencing severe financial
hardship and poverty.
2.7
Under the heading
of 'Policy Neglect', the report states that:
...the student income
support system has operated in a policy vacuum for too long, and is showing
clear signs of policy neglect and poor service delivery. Many witnesses
conveyed a strong view that the drift in student income support policy is not
only unacceptable but has become an important factor contributing to the
financial hardship of many students... One of the consequences of this neglect is
that the increasing financial hardship among the student population is not
included on the national policy agenda.
2.8
The evidence
presented to the references committee about the effects of the increasingly
long hours that many students are being required to work, compelled an
unusually blunt warning in the following terms:
There is general
agreement among students and academic experts that Government measures are
needed to arrest the deteriorating state of student finances. Without
Government intervention, a combined weekly total of 60 hours of full-time study
and part-time work will soon become the norm for a majority of students. The
committee believes this is an unacceptable scenario for students to have to
face.
2.9
Finally, the committee
emphasised in its report that:
Supplementing income
support payments with paid employment is no longer an added extra for many
students. Part-time work has become a necessity for students just to make ends
meet. They are working longer hours than before to the detriment of their
studies and their overall experience of university. The committee believes the
financial situation of many students under the policies of the Howard
Government is grim, and that the evidence presented to the committee during the
inquiry shows that it has deteriorated even further over the past few years.
2.10
In the face of
this detailed and comprehensive report into the need for effective income
support programs for disadvantaged and low-income students, Opposition senators
deplore the Howard Government’s only action in this policy area: to close down
the SFSS, without an alternative policy or program in to replace it.
Scrutiny of Regulations
2.11
This bill also
contains a clause unrelated to the closure of the SFSS but potentially and
significantly important in relation to two further income support schemes.
2.12
In Schedule 2,
Part 2 of the bill, Item 10 adds proposed subsection 48(2) to the Student
Assistance Act. That clause would remove the need to make new regulations each
time the guidelines for student assistance schemes are altered. Such a
provision is described by the Government as 'a minor technical amendment' but
advice from the Parliamentary Library indicates otherwise, and may have major
consequences for parliamentary oversight of important elements of these two
schemes.
2.13
One of the proper
roles for any legislature is to ensure appropriate scrutiny of the proposals and
actions of the executive. Such accountability requirements occur in relation to
all instruments of legislative authority. This is particularly the case for non
statutory programs such as ABSTUDY.
2.14
In written
answers to questions from the committee, the Department of Education, Science
and Training (DEST) informed the committee that references to ABSTUDY and the
Assistance for Isolated Children Scheme Policy Manuals have recently been
removed from the Regulations. The Department proposed that they recommend to
the Minister that the Explanatory Memorandum be amended to correct this
misleading reference.
2.15
DEST also
referred to concerns expressed in the Parliamentary Library Research Service Bills Digest regarding this bill:
concerns which are shared by Opposition senators. DEST proposed recommending to
the Minister that he 'include an express statement that, to remove doubt, the
power in proposed subsection 48(2) is not intended to permit the determination
of prescribed events in extrinsic materials and that prescribed events may only
be determined expressly in the Regulations'.
2.16
While it is
unclear whether the Minister has agreed to take this action, or how he would
make such an express statement, Opposition senators welcome this approach from
the Department. The committee awaits with interest the Minister’s statements on
this matter during debate in the House of Representatives, and in particular, if
there is continuing need for a clarifying amendment to the bill.
Senator Gavin Marshall
Deputy Chair
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