Mehreen Faruqi (NSW, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (1) and (2) on sheet 2952 together:

That the House of Representatives be requested to make the following amendments:

(1) Clause 2, page 2 (table item 9), omit the table item, substitute:

(2) Schedule 4, page 34 (lines 1 to 25), omit the Schedule, substitute::

Schedule 4 — Pay students for mandatory placements

Part 1 — Main amendments

Higher Education Support Act 2003

1 After Part 2-2A

Insert:

Part 2-2B — Grants for Commonwealth stipends for students undertaking mandatory placements

Division 39 — Grants for Commonwealth stipends for students undertaking mandatory placements

39-1 What this Part is about

Grants are payable under this Part to Table A providers and Table B providers to pay, as a benefit to students, Commonwealth stipends to students who undertake a mandatory placement for a course of study with the provider.

Note: This Part does not apply to Table C providers: see section 5-1.

39-2 The Commonwealth Stipends Guidelines

Grants under this Part are also dealt with in the Commonwealth Stipends Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Commonwealth Stipends Guidelines are made by the Minister under section 238-10.

39-3 Eligibility of higher education providers to receive grants for Commonwealth stipends

(1) *Table A providers and *Table B providers are eligible to receive, for the year 2025 or a later year, a grant to pay, as a benefit to students, *Commonwealth stipends to students who *undertake a mandatory placement for a *course of study with the provider.

(2) A student undertakes a mandatory placement for a *course of study with a higher education provider if:

(a) the student undertakes a placement with an employer for which the student is not entitled to be paid remuneration; and

(b) the placement is a requirement of the course of study with the provider; and

(c) the student is *enrolled in the course of study with the provider; and

(d) the placement is authorised under a law or an administrative arrangement of the Commonwealth, a State or a Territory; and

(e) any other requirements prescribed by the Commonwealth Stipends Guidelines for the purposes of this paragraph are met.

(3) A provider that is eligible to receive a grant under subsection (1) is an eligible stipend provider.

39-4 Conditions of grants

(1) This section sets out the conditions of a grant under this Part for an *eligible stipend provider.

First condition provider must pay Commonwealth stipends

(2) The first condition is that the provider must pay, to each student who *undertakes a mandatory placement for a *course of study with the provider, a *Commonwealth stipend worked out in accordance with section 39-5 for the hours the student undertakes in the placement.

Second condition quality and accountability requirements

(3) The second condition is that the provider must meet the *quality and accountability requirements.

Third condition other prescribed requirements

(4) The third condition is that the provider must meet any other requirements prescribed by the Commonwealth Stipends Guidelines for the purposes of this subsection.

39-5 Commonwealth stipends rate

(1) A *Commonwealth stipend for the hours in a day that a student *undertakes a mandatory placement for a *course of study with an *eligible stipend provider is worked out using the hourly rate mentioned in subsection (2) for the day.

(2) The hourly rate for a day is the national minimum wage (when expressed as a monetary amount per hour) set by a *national minimum wage order that is in operation on the day (whether the order has also taken effect on that day).

Note: For when a national minimum wage order comes into operation, see section 287 of the Fair Work Act 2009.

(3) For the purposes of subsection (2):

(a) the national minimum wage is taken to be the wage set by the national minimum wage order for employees in relation to whom no exceptional circumstances exist (see subsection 287(2) of the Fair Work Act 2009); and

(b) if:

(i) the Fair Work Commission makes a determination under section 296 of the Fair Work Act 2009 varying a national minimum wage order; and

(ii) the day the determination comes into operation under section 297 of that Act is earlier than the day the determination is made;

the determination is taken to come into operation on the day the determination is made.

39-6 Amounts payable under this Part

Amounts payable

(1) If a higher education provider is eligible to receive a grant under this Part for a year, there is payable by the Commonwealth to the provider for the year, an amount equal to the greater of the following amounts:

(a) the amount worked out for the provider and the year using the method prescribed by the Commonwealth Stipends Guidelines for the purposes of this paragraph;

(b) the amount determined by the Minister under subsection (2) for the provider and the year.

Minister must determine sufficient grant amount

(2) The Minister must, by legislative instrument, determine an amount for an *eligible stipend provider and a year for the purposes of paragraph (1)(b).

Note: A single instrument may determine amounts for multiple eligible stipend providers and years.

(3) A determination of an amount under subsection (2) for a provider and a year:

(a) must be made before the start of the year; and

(b) may be varied at any time before the end of the year, but no later.

(4) Before the Minister makes an instrument under subsection (2):

(a) to determine an amount for an eligible stipend provider and a year; or

(b) to vary an amount for an eligible stipend provider and a year;

the Minister must be satisfied that the amount, as determined or varied, is sufficient for the provider to pay *Commonwealth stipends to students *undertaking a mandatory placement for a *course of study with the provider in that year.

39-7 Other matters relating to grants for Commonwealth stipends

The Commonwealth Stipends Guidelines may provide for, or in relation to, the following matters in respect of grants under this Part to *eligible stipend providers to pay *Commonwealth stipends to students *undertaking a mandatory placement for a *course of study with the provider:

(a) how grants to providers are to be made;

(b) how providers are to pay Commonwealth stipends to students of the provider;

(c) the conditions that apply to Commonwealth stipends;

(d) information that providers are to give to:

(i) the Minister; or

(ii) the *Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997); or

(iii) the Secretary, or an employee, of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986.

39-8 Rollover of grant amounts

(1) If:

(a) a higher education provider to which a grant under this Part has been made in respect of a year fails to spend an amount of that grant; and

(b) the *Secretary determines under subsection (3) that this section is to apply to the provider in respect of that grant;

then so much of the unspent amount as the Secretary determines under that subsection is taken to be granted to the provider under this Part in respect of the next following year.

(2) The grant is taken to be made:

(a) under the same conditions as the conditions of the original grant except the grant is taken to be made in respect of the next following year; or

(b) under such other conditions as the Secretary determines under subsection (4).

(3) For the purposes of subsection (1), the Secretary may, by notifiable instrument, determine:

(a) that this section is to apply to a particular higher education provider in respect of one or more grants; and

(b) for each grant, an amount of the unspent amount of the grant.

(4) For the purposes of paragraph (2)(b), the Secretary may, by notifiable instrument, determine conditions that apply to one or more grants made to a particular higher education provider.

39-9 Constitutional basis of this Part

This Part relies on the Commonwealth's legislative powers under paragraph 51(xxiiiA) (benefits to students) of the Constitution.

39-10 Additional operation of this Part

(1) In addition to section 39-9, this Part also has effect as provided by this section.

Territories

(2) This Part also has the effect it would have if a reference to a grant under this Part were expressly confined to a grant in or in relation to a Territory.

Indigenous persons

(3) This Part also has the effect it would have if a reference to a student *undertaking a mandatory placement for a *course of study with a higher education provider were expressly confined to a student who is an *Indigenous person.

Part 2 — Other amendments

Higher Education Support Act 2003

2 After paragraph 3-5(1)(aa)

Insert:

(ab) grants for Commonwealth stipends;

3 After paragraph 5-1(4)(aa)

Insert:

(ab) Part 2-2B (Commonwealth stipends);

4 Section 8-1

Omit "4 kinds" (wherever occurring), substitute "5 kinds".

5 Section 8-1

After:

insert:

6 Subparagraph 22-15(1)(a)(i)

After "2-2A,", insert "2-2B,".

7 Sections 51-1, 54-1 and 164-15

After "2-2A," (wherever occurring), insert "2-2B,".

8 Paragraphs 180-25(5)(e) and (6)(e)

After "2-2A", insert ", 2-2B".

9 Subsection 238-5(1)

After "section 38-45,", insert "39-6,".

10 Subsection 238-10(1) (after table item 3)

Insert:

11 Subclause 1(1) of Schedule 1

Insert:

Commonwealth stipends means stipends payable:

(a) by an *eligible stipend provider to a student *undertaking a mandatory placement for a *course of study with the provider; and

(b) in accordance with the conditions of a grant made by the Commonwealth to the provider under Part 2-2B.

eligible stipend provider has the meaning given by subsection 39-3(3).

national minimum wage order has the same meaning as in the Fair Work Act 2009.

undertake a mandatory placement: see subsection 39-3(2) for when a student undertakes a mandatory placement for a *course of study with a higher education provider.

Social Security Act 1991

12 Subparagraph 8(8)(zja)(ia)

Omit "this section.", substitute "this section; or".

13 After subparagraph 8(8)(zja)(ia)

Insert:

(ib) Commonwealth stipends provided for under Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements); or

Social Security (Administration) Act 1999

14 After subparagraph 195(2)(i)(xviii)

Insert:

(xviiia) the amount of Commonwealth stipends received by the person in accordance with Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements); and

15 After paragraph 202(1)(da)

Insert:

(db) administering Commonwealth stipends provided for under Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements); or

16 After paragraph 202(2)(daaa)

Insert:

(daab) for the purposes of the administration of Commonwealth stipends provided for under Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements); or

Veterans' Entitlements Act 1986

17 After paragraph 5H(8)(hac)

Insert:

(had) the amount of Commonwealth stipends provided for under Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements);

18 Transitional provision

Paragraph 39-6(3)(a) of the Higher Education Support Act 2003, as inserted by this Part, does not apply to a determination for the year 2025.

_____

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (2)

Amendment (2) is framed as a request because it amends the bill to require the Commonwealth to provide grants to eligible higher education providers, a condition of which is that those providers must pay Commonwealth stipends to students who undertake a mandatory placement for a course of study with a higher education provider.

As the amendment requires the Commonwealth to provide grants to eligible higher education providers, the effect of the amendment would increase the amount of expenditure under the standing appropriation in section 238-12 of the Higher Education Support Act 2003.

Amendment (1)

Amendment (1) is consequential to amendment (2).

_____

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (2)

If the effect of the amendment is to increase expenditure under the standing appropriation in section 238-12 of the Higher Education Support Act 2003 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

Amendment (1)

This amendment is consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.

As far as mandatory placements go, this bill is a move in the right direction. But, I have to say, it reflects a real lack of understanding of the severity of placement poverty and its impacts on students at the moment. We support what's in the bill—that is, nursing, teaching and social work students being paid for mandatory placements. But the other thousands of students who do hundreds of hours of mandatory placements to complete their degrees should also be paid. What about students doing allied health or veterinary science or psychology or medicine, and so many others? Every student should be paid for every hour of their labour.

This bill only just touches the sides of the issue of placement poverty. I'm sure every single senator in this place has heard from students, especially in this cost-of-living crisis but even without the cost-of-living crisis, about how they have struggled when they have to do hundreds of hours of unpaid placement work when they are already finding it so difficult to make ends meet, to put food on the table, to go to the dentist, to go to the doctor or to pay their rent. On top of that, when they have to do placements some of them have had to take loans out or give up their paid jobs. If they don't give up their paid jobs, they're pretty much working 24/7.

The Greens' amendments ensure that all students are paid for the work that they do, no matter what degree they are doing, and require that payments be made at a national minimum wage. At the moment, the way it works out is $8 an hour, which is literally peanuts. These amendments would also commence earlier, on 1 January 2025. Students can't wait another eight months, until July next year, to start being paid for the work they do.

One of the other things our amendments do is enshrine the Commonwealth practical placements into legislation. That's what is needed. They ensure that all students who undertake mandatory practical placements as part of their studies are paid for that. I hope we can push for a move further on providing that every single student who does mandatory placements be paid for them at a minimum wage. I have heard from so many students, and recently from medical students, who are really struggling. They are the ones who do the maximum amount of hours for their placements, and they have been telling me that marginalised students especially, from marginalised communities, suffer the most. Many students have to travel as well to do their placements.

This is a way of ensuring that the system is fair and that every student is paid for every hour at a minimum wage, and that it is a universal payment. At the moment students are going to be chosen, as to who will get paid for mandatory placements. I commend these amendments to the Senate.