Amendment Number 3 to the Other Grants Guidelines (03/09/2005) (Cth)

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Commonwealth of Australia

Higher Education Support Act 2003

OTHER GRANTS GUIDELINES

Making of Guidelines pursuant to section 238-10 of the Higher Education Support Act 2003

I, BRENDAN NELSON, Minister for Education, Science and Training, pursuant to section 238-10 of the Higher Education Support Act 2003, make the attached amendments to the Other Grants Guidelines for the purposes of Part 2-3 of the Act.

Dated this........................3rd.....................day of.................September..............2005.

_________________________________________

BRENDAN NELSON

Minister for Education, Science and Training


Amendments to Other Grants Guidelines

COMMONWEALTH OF AUSTRALIA

Higher Education Support Act 2003

GUIDELINES FOR OTHER GRANTS

Amendment Number 3

(i)      CITATION

These guidelines may be cited as Amendment Number 3 to the Other Grants Guidelines.

(ii)    AUTHORITY

These guidelines are made under section 238-10 of the Higher Education Support Act 2003.

(iii)   DATE OF EFFECT

These guidelines shall come into effect on the date they are registered on the Federal Register of Legislative Instruments. 


PURPOSE

·     The purpose of these guidelines is to amend the Other Grants Guidelines made on 13 August 2004.

·     The Other Grants Guidelines are amended as follows:

Item 1

Insert Chapter 3, “Grants to enhance learning and teaching in higher education” by inserting the following text:

CHAPTER 3               GRANTS TO ENHANCE LEARNING AND TEACHING IN HIGHER EDUCATION

3.1     Purpose

3.1.1    The purpose of this chapter is to establish the Learning and Teaching Performance Fund as a program for the purposes of subsection 41-15(1) of the Act and to specify the matters listed in subsection 41-15(2) of the Act.

3.5     Program Objectives

3.5.1    The objective of the Learning and Teaching Performance Fund is to reward those higher


education providers that best demonstrate excellence in learning and teaching.

3.10   Eligibility

3.10.1 The higher education providers specified in item 3 of section 41-10 of the Act are eligible for


funding under the Learning and Teaching Performance Fund.

3.15   Amount spent on the Program in a particular year

3.15.1 Funding for the Learning and Teaching Performance Fund is provided under Part 2-3 of the


Higher Education Support Act 2003

.  Subject to parliamentary disallowance under Section 41-


50 of the Act, the level of funding provided is $54.4 million in 2006, $81.7 million in 2007 and


$109.0 million in 2008.  The allocations for 2007 and 2008 will be indexed in accordance with


Part 5-6 of the Act, as in force from time to time. 

3.20   Allocation Process

3.20.1  During 2005, 2006 and 2007, respectively, providers will be notified of the process to be


applied for working out the distribution of the Fund in the following year established on an


annual basis.

3.25   Payment to Higher Education Providers

3.25.1  In accordance with section 164-5 of the Act, amounts will be paid in such as way as the


Minister determines, and at such times as the Secretary determines.

Item 2

Amend Chapter 5 “Grants to support the capital development projects of higher education providers” by
inserting the following text:


CHAPTER 5       GRANTS TO SUPPORT THE CAPITAL DEVELOPMENT
PROJECTS OF HIGHER EDUCATION PROVIDERS

5.1       Purpose

The purpose of these guidelines is to specify the Capital Development Pool (CDP) program as a program for
the purposes of Part 2-3 of the Act. 


5.5     Program Objectives

Grants under the CDP program are to support capital development projects of eligible higher education providers, as specified in item 5 of the table in section 41-10(1) of the Act. The focus of the programme is to encourage:

(i)      development of, or on, new campuses in suburban growth corridors and regional centres.  Priority will


be given to projects which support greater collaboration:

-              between higher education providers;

-              between higher education providers and vocational education and training providers;

-              between higher education providers, other organisations and the private sector;      

(ii)      capital developments that:

-assist higher education providers to establish or expand provision of courses identified by
the government as discipline areas of national importance;

(iii)information and communications technology infrastructure projects which improve the cost-
effectiveness and quality of educational delivery, for example:

-              by improving the efficiency of the higher education provider’s infrastructure, or

-               by providing access to education and research networks;

(iv)the rebuilding or restoration of campus facilities in circumstances which are, in  the view of  the
Minister special and extraordinary; and

(v)capital developments which the Minister considers are priorities for particular higher education
providers.

5.10   Indexation

Grant amounts determined by the Minister under paragraph 41-30(b) of the Act shall be indexed on
1 January in each of the years 2006, 2007 and 2008, using the method set out in Part 5-6 of the Act.



Item 3

Amend Chapter 6 entitled “Grants to assist with the cost of higher education providers’ superannuation
liabilities” by deleting the existing text and inserting the following text:


CHAPTER 6     GRANTS TO ASSIST WITH THE COST OF HIGHER EDUCATION PROVIDERS’ SUPERANNUATION LIABILITIES

6.1.1           The purpose of these guidelines is to establish the Higher Education Superannuation Program as a program for the purposes of subsection 41-15(1) of the Higher


Education Support Act 2003

(‘the Act’) and to specify the matters listed in subsection


41-15(2) of the Act.

6.5.1           The objective of the Higher Education Superannuation Program is to provide Commonwealth assistance to Table A providers to meet certain superannuation


expenses associated with programs funded under the Act.   The Higher Education Superannuation Program is a program for the purposes of subsection 41-15(1) of the


Act.  The Commonwealth meets expenses incurred by Table A Providers that have


staff who are members in relevant emerging cost superannuation schemes. 

6.10.1         Table A providers are eligible for supplementary funding in respect of their


superannuation expenditure.

6.10.5          To receive a grant for superannuation liabilities under the Higher Education


Superannuation Program, Table A providers must have staff who are members of the following emerging cost schemes:

·     New South Wales State Superannuation Fund

·     New South Wales State Authorities Superannuation Scheme

·     New South Wales State Public Service Superannuation Fund

·     Victorian State Superannuation Fund – Revised Scheme

·     Victorian State Superannuation Fund – New Scheme

·     Western Australian Government Employees Superannuation Scheme

·     South Australian Superannuation Fund

·     Tasmanian Retirement Benefits Fund

·     Catholic Superannuation Fund

·     Commonwealth Superannuation Scheme

·     Public Sector Superannuation Scheme

6.15   Amount spent on the Program in a particular year

6.15.1    The level of funding provided is determined by the actual unfunded superannuation


expenses incurred by Table A providers, and is provided on a calendar year basis.

6.15.5    The total amount allocated for the Higher Education Superannuation Program shall not exceed:

(a)   In 2005, $124,340,000

6.20   Indexation

6.20.1         The amounts specified in paragraph 6.15.5 shall be increased in accordance with Division 198 of Part 5-6 of the Act, as in force from time to time.

6.25   Method by which grants are determined

6.25.1         Eligible providers are invited to submit annual claims for supplementation of their superannuation expenses.  The data submitted are assessed to determine the level of Commonwealth assistance to be provided. 

6.25.5         Claim forms provide details of actual expenditure on salaries of staff in relevant


schemes and expenditure on superannuation in respect of those employees for the previous year.  They also provide an estimate of the current year’s salaries and expenditure. 

6.25.10       Supplementation is payable to cover costs incurred in respect of eligible schemes


which exceed 14 per cent of the total salaries paid to members of those schemes.  Payments are calculated on the basis of estimated expenditure for the current year, adjusted for any difference between actual and estimated data for the previous year.  Where estimates of expenditure have been unreliable, payments may instead be


made on the basis of actual data for the previous year.  Where expenditure has not


reached 14 per cent of salaries, a negative entitlement will be calculated and no supplementary payment will be made.  This negative entitlement is carried over and


an adjustment will be made to the following year’s entitlement.

6.25.15       Returns received by the due date of 31 March are normally processed in May. 


Details of funding, including payment amounts, are provided to institutions by letter as


soon as the returns have been processed.  Late returns are processed and paid as


soon as practicable. 

6.25.20       Part of the cost of superannuation for which supplementation is payable may be


attributable to service by staff during the period when the States were responsible for funding higher education.  The Commonwealth therefore recovers from those States


their share of the costs for staff members of State emerging cost schemes.  As the Superannuation Guarantee and the 3% productivity benefit came into effect after the Commonwealth had assumed full responsibility for funding higher education, no


amounts are recovered from the States in respect of these costs.  The amount to be recovered from the States is calculated by the Commonwealth on the basis of cost


shares determined by actuarial assessment and information provided by State


authorities or by institutions if the State does not provide information. 

6.30   Grants in respect of a year or a project

6.30.1         Grants under the Higher Education Superannuation Program are in respect of a year.

6.35   Conditions that apply to grants

6.35.1         Claim forms are required to be certified as current by the Vice-Chancellor or Principal


of the higher education provider.

6.40   Freedom of Information

6.40.1         All documents created or held by the Department with regard to the Higher Education Superannuation Program are subject to the Freedom of Information Act 1982 (‘FOI


Act’).  Unless a document falls under an exemption provision, it will be made available


to the general public if requested under the FOI Act.

6.40.5         All FOI requests are to be referred to the Principal Government Lawyer, Litigation and External Review Section, Procurement, Assurance and Legal Group, in the


Department’s National Office.  Decisions regarding requests for access will be made


by the authorised FOI decision-maker in accordance with the requirements of the FOI


Act.

6.45   Privacy

6.45.1         The Department is bound, in administering the Higher Education Superannuation


Program, by the Provisions of the Privacy Act 1988. Section 14 of the Privacy Act


contains the Information Privacy Principles which prescribe the rules for handling


personal information.

6.45.2         In the case of the Higher Education Superannuation Program, the only personal


information collected by the Department is the name, work telephone and fax


numbers, and work e-mail address of the contact officer of the higher education


provider.

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