Higher Education Support Act 2003 Amendment No. 4 to the Commonwealth Grant Scheme Guidelines No.1 (19/10/2008) (Cth)
Commonwealth of Australia
Higher Education Support Act 2003
COMMONWEALTH GRANT SCHEME GUIDELINES No.1
Amendments to Guidelines made under section 238-10 of the Higher Education Support Act 2003
I, Julia Gillard, Minister for Education, pursuant to section 238-10 of the Higher Education Support Act 2003 (‘the Act’), make the attached Amendment No.4 to the Commonwealth Grant Scheme Guidelines No.1, which provide for matters under Part 2-2 and section 93‑10 of the Act.
Dated this ___19th__ day of __________October_________ 2008.
Signed.
_____________________________
JULIA GILLARD
Minister for Education
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
Commonwealth Grant Scheme Guidelines No.1
Amendment No. 4
1 CITATION
These Guidelines may be cited as Amendment No. 4 to the Commonwealth Grant Scheme Guidelines No.1
2 AUTHORITY
These guidelines are made under section 238-10 of the Higher Education Support Act 2003 (the Act) to give effect to matters set out in Part 2-2 of the Act
3 DATE OF EFFECT
These Guidelines will come into effect the day after registration on the Federal Register of Legislative Instruments.
AMENDMENT
These Guidelines amend the Commonwealth Grant Scheme Guidelines No.1 which were registered on 12 December 2006, which commenced on 13 December 2006 (see F2006L04079) and which were amended on 5 September 2007 (see F2007L03523) with effect from 1 January 2008 (see F2008C00071). A second amendment was registered on 27 February 2008, and commenced on 28 February 2008 (see F2008C00134). This amendment was disallowed on 14 May 2008, and the guidelines reverted to the previous amendment. A third amendment was registered on 7 August 2008 and commenced on 8 August 2008 (see F2008L02946).
PURPOSE
The purpose of this amendment is to:
· amend the Table of Contents;
· amend Chapter 8 to specify the circumstances under which an eligible higher education provider’s basic grant amount for 2008 is to be adjusted, and specify in relation to each of the adjustments whether the adjustment is an increase or a reduction in the basic grant amount and the amount of the adjustment or how it is to be worked out;
· amend subsection 9.5.1 to specify two new parts of funding clusters:
o‘mathematics and statistics’ in funding cluster 3; and
o‘science’ in funding cluster 6; and
· specify how the amount of transitional loading under paragraph 33-5(e) of the Act is worked out.
ITEM 1
Repeal the Table of Contents and substitute:
CHAPTER 1 INTRODUCTION3
1.1 INTERPRETATION3
CHAPTER 2 HIGHER EDUCATION PROVIDERS4
2.1 PURPOSE4
2.5 HIGHER EDUCATION PROVIDERS (section 30-1)4
CHAPTER 3 NATIONAL PRIORITIES5
3.1 PURPOSE5
3.5 NATIONAL PRIORITIES (section 30-20)5
CHAPTER 4 REGIONAL LOADING6
4.1 PURPOSE6
4.2 AMOUNT OF REGIONAL LOADING IN 2007 AND LATER YEARS6
4.5 AMOUNT OF REGIONAL LOADING IN 20066
CHAPTER 5 MEDICAL STUDENT LOADING10
5.1 PURPOSE10
5.5 MEDICAL STUDENT LOADING (section 33-5)10
5.10 CALCULATION OF THE LOADING10
CHAPTER 6 ENABLING LOADING11
6.1 PURPOSE11
6.10 LOADING CALCULATION 11
6.15 TOTAL AMOUNT OF ENABLING LOADING AVAILABLE TO THE
SECTOR12
6.20 CODING NOTES FOR DETERMINING ENABLING LOADING12
CHAPTER 7 REDUCTION IN ASSISTANCE FOR HIGHER EDUCATION
PROVIDERS FAILING TO MEET CERTAIN REQUIREMENTS13
7.1 PURPOSE13
7.5 NATIONAL GOVERNANCE PROTOCOLS13
7.10 DATE TO MEET THE NATIONAL GOVERNANCE PROTOCOLS (paragraph 33 17(1)(c))18
CHAPTER 8 ADJUSTMENTS19
8.1 PURPOSE19
8.5 ADJUSTMENTS TO 2008 BASIC GRANT AMOUNT (SECTION 33-20): All providers19
8.10 ADJUSTMENTS TO 2008 BASIC GRANT AMOUNT (SECTION 33-20): Table A providers19
8.15 ADJUSTMENTS TO 2008 BASIC GRANT AMOUNT (SECTION 33-20): Table B providers20
8.20 ADJUSTMENTS TO 2008 BASIC GRANT AMOUNT (SECTION 33-20): providers that are not Table A providers or Table B providers20
CHAPTER 9 DETERMINING THE FUNDING CLUSTERS21
9.1 PURPOSE21
9.5 DETERMINING THE FUNDING CLUSTERS (section 33-35)21
CHAPTER 10 ADVANCES FOR CERTAIN PURPOSES28
10.1 PURPOSE28
10.5 ADVANCES FOR CERTAIN PURPOSES (section 33-40)28
10.10 AMOUNTS28
10.15 CONDITIONS ON ADVANCES28
10.20 REPAYMENT OF THE ADVANCE28
CHAPTER 11 – TRANSITIONAL LOADING29
11.1 PURPOSE29
11.2 TRANSITIONAL LOADING29
11.3 CALCULATION OF THE LOADING29
Notes to the COMMONWEALTH GRANT SCHEME GUIDELINES NO. 131
ITEM 2
Repeal Chapter 8 and substitute:
CHAPTER 8 ADJUSTMENTS
8.1 PURPOSE
8.1.1 The purpose of this chapter is to specify the circumstances under which an eligible higher education provider’s basic grant amount for a year is to be adjusted, and specify in relation to each of the adjustments whether the adjustment is an increase or a reduction in the basic grant amount and the amount of the adjustment or how it is to be worked out under section 33-20 of the Act.
8.1.5 In accordance with Item 5 of Schedule 4 of the Higher Education Legislation Amendment (2007 Budget Measures) Act 2007, all references to the Act in this Chapter refer to the Act as it applied prior to the amendments made by Schedule 4 of the Higher Education Legislation Amendment (2007 Budget Measures) Act 2007.]
8.1.10 Except as provided in paragraphs 8.5.1 to 8.20.10, the adjustments referred to in section 33‑25 of the Act do not apply to a provider’s basic grant amount for the 2008 grant year.
8.5 ADJUSTMENTS TO 2008 BASIC GRANT AMOUNT (SECTION 33-20): All providers
Number of places provided exceeds allocated places
8.5.1 If the number of places provided by a higher education provider during 2007 exceeds the provider’s allocated places, there is to be no adjustment to reduce the provider’s basic grant amount for 2008 under sub‑section 33‑25(1) of the Act.
8.10 ADJUSTMENTS TO 2008 BASIC GRANT AMOUNT (SECTION 33-20): Table A providers
Corrected basic amount is less than the basic grant amount
8.10.1 If a Table A provider’s corrected basic amount for 2007 is less than 99% of the provider’s basic grant amount for 2007, an adjustment to the provider's basic grant amount for the year 2008 will be calculated using the methodology specified in sub-sections 33-25(4) and 33-25(5) of the Act (‘the adjustment’), unless the Minister determines in a particular case that it would be reasonable to make an adjustment of a lesser amount (‘the lesser adjustment’).
8.10.5 Subject to paragraph 8.10.10, the lesser adjustment is 50% of the adjustment.
8.10.10 If the difference between the adjustment and the lesser adjustment (‘the retained amount’), worked out under paragraph 8.10.5, is greater than $2.5 million, the lesser adjustment is the adjustment minus $2.5 million.
8.10.15 In a case where the Minister determines that it would be reasonable to make a lesser adjustment under paragraph 8.10.1 and a provider’s retained amount is greater than $1 million, the retained amount will be subject to conditions in relation to the expenditure of that amount that are to be specified in the provider’s funding agreement for the 2008 grant year.
8.10.20 A Table A provider’s basic grant amount for 2008 shall be reduced by any adjustment or lesser adjustment, whichever is applicable.
Corrected basic amount exceeds the basic grant amount
8.10.30 If a Table A provider’s corrected basic amount for 2007 is more than the provider’s basic grant amount for 2007, an adjustment to the provider's basic grant amount for the year 2008 will be an amount equal to the lesser of the following:
(a)2.5% of the basic grant amount;
(b)the difference between the corrected basic amount and the basic grant amount.
8.15 ADJUSTMENTS TO 2008 BASIC GRANT AMOUNT (SECTION 33-20): Table B providers
Corrected basic amount is less than the basic grant amount
8.15.1 If a Table B provider’s corrected basic amount for 2007 is less than the provider’s basic grant amount for 2007, its 2008 basic grant amount is to be reduced by an amount equal to the difference between the basic grant amount and the corrected basic amount (‘the adjustment’), unless the Minister determines in a particular case that it would be reasonable to make an adjustment of a lesser amount (‘the lesser adjustment’).
8.15.5 Subject to paragraph 8.15.10, the lesser adjustment is 50% of the adjustment.
8.15.10 If the difference between the adjustment and the lesser adjustment (‘the retained amount’), worked out under paragraph 8.15.5, is greater than $2.5 million, the lesser adjustment is the adjustment minus $2.5 million.
8.15.15 In a case where the Minister determines that it would be reasonable to make a lesser adjustment under paragraph 8.15.1 and a provider’s retained amount is greater than $1 million, the retained amount will be subject to conditions in relation to the expenditure of that amount that are to be specified in the provider’s funding agreement for the 2008 grant year.
8.15.20 A Table B provider’s basic grant amount for 2008 shall be reduced by any adjustment or lesser adjustment, whichever is applicable.
Corrected basic amount exceeds the basic grant amount
8.15.30 If a Table B provider’s corrected basic amount for 2007 is more than the provider’s basic grant amount for 2007, an adjustment to the provider's basic grant amount for the year 2008 will be an amount equal to the lesser of the following:
(a)2.5% of the basic grant amount;
(b)the difference between the corrected basic amount and the basic grant amount.
8.20 ADJUSTMENTS TO 2008 BASIC GRANT AMOUNT (SECTION 33-20): providers that are not Table A providers or Table B providers
8.20.1 The adjustments, set out in paragraphs 8.20.5 and 8.20.10, apply only to providers that are not Table A providers or Table B providers (non-Table providers) that were allocated Commonwealth supported places in national priority areas for 2007.
8.20.5 If a non-Table provider’s corrected basic amount for 2007 is more than the provider’s basic grant amount for 2007, there is to be no adjustment to its 2008 basic grant amount.
8.20.10 If a non-Table provider’s corrected basic amount for 2007 is less than the provider’s basic grant amount for 2007, its 2008 basic grant amount is to be reduced by an amount equal to the difference between the basic grant amount and the corrected basic amount.
ITEM 3
Repeal subsection 9.5.1 and substitute:
9.5.1The funding cluster, or a particular part of a funding cluster, in which a unit of study is included is determined in the following way. Clusters are defined by the field of education (FOE) code arising from applying the Australian Bureau of Statistics (ABS) Australian Standard Classification of Education (ASCED) as set out in the table below. A unit with an FOE code of 090701 (psychology) is allocated to ‘behavioural science’ or ‘clinical psychology’ within a funding cluster according to whether the course of study of which it forms part is accredited for the purposes of professional registration by the specified colleges of the Australian Psychological Society.
| Funding cluster | Part of funding cluster | Unit description | FOE code |
| Funding cluster 1 Law, accounting, administration, economics, commerce | Law | 0909 | |
| Accounting | 0801 | ||
| Business and Management | 0803 | ||
| Sales and Marketing | 0805 | ||
| Tourism | 0807 | ||
| Office Studies | 0809 | ||
| Banking, Finance and Related Fields | 0811 | ||
| Other Management and Commerce | 0899 | ||
| Economics and Econometrics | 0919 | ||
| Food and Hospitality | 1101 | ||
| Personal Services | 1103 | ||
| General Education Programmes | 1201 | ||
| Other Mixed Field Programmes | 1299 | ||
| Funding cluster 2 Humanities | History | 090305 | |
| Archaeology | 090307 | ||
| Indigenous Studies | 090311 | ||
| Justice and Law Enforcement | 0911 | ||
| Language and Literature | 091500 | ||
| English Language | 091501 | ||
| Linguistics | 091521 | ||
| Literature | 091523 | ||
| Language and Literature not elsewhere classified | 091599 | ||
| Philosophy and Religious Studies | 0917 |
| Funding cluster | Part of funding cluster | Unit description | FOE code |
| Funding cluster 3 Mathematics, statistics, behavioural science, social studies, education, computing, built environment, other health | Mathematics and statistics | Mathematical Sciences | 0101 |
| Computing, built environment or other health | Computer Science | 0201 | |
| Information Systems | 0203 | ||
| Other Information Technology | 0299 | ||
| Architecture and Urban Environment | 0401 | ||
| Building | 0403 | ||
| Public Health | 061300 | ||
| Occupational Health and Safety | 061301 | ||
| Environmental Health | 061303 | ||
| Health Promotion | 061307 | ||
| Community Health | 061309 | ||
| Epidemiology | 061311 | ||
| Public Health not elsewhere classified | 061399 | ||
| Rehabilitation Therapies | 061700 | ||
| Massage Therapy | 061711 | ||
| Rehabilitation Therapies not elsewhere classified | 061799 | ||
| Complementary Therapies | 0619 | ||
| Other Health | 069900 | ||
| First Aid | 069907 | ||
| Health not elsewhere classified | 069999 | ||
| Behavioural science or social studies | Human Movement | 069903 | |
| Political Science and Policy Studies | 0901 | ||
| Studies in Human Society | 090300 | ||
| Sociology | 090301 | ||
| Anthropology | 090303 | ||
| Human Geography | 090309 | ||
| Gender Specific Studies | 090313 | ||
| Studies in Human Society not elsewhere classified | 090399 | ||
| Human Welfare Studies and Services | 090500 | ||
| Social Work | 090501 | ||
| Children’s Services | 090503 | ||
| Youth Work | 090505 | ||
| Care for the Aged | 090507 | ||
| Care for the Disabled | 090509 | ||
| Residential Client Care | 090511 | ||
| Counselling | 090513 | ||
| Welfare Studies | 090515 | ||
| Human Welfare Studies and Services not elsewhere classified | 090599 | ||
| Behavioural Science1 | 0907 | ||
| Librarianship, Information Management and Curatorial Studies | 0913 | ||
| Sport and Recreation | 0921 | ||
| Other Society and Culture | 0999 | ||
| Education | Teacher Education | 0701 | |
| Curriculum and Education Studies | 0703 | ||
| Other Education | 0799 |
| Funding cluster | Part of funding cluster | Unit description | FOE code |
| Funding cluster 4 Clinical psychology, allied health, foreign languages, visual and performing arts | Clinical psychology, foreign languages, or visual and performing arts | Clinical psychology | 0907012 |
| Northern European Languages | 091503 | ||
| Southern European Languages | 091505 | ||
| Eastern European Languages | 091507 | ||
| Southwest Asian and North African Languages | 091509 | ||
| Southern Asian Languages | 091511 | ||
| Southeast Asian Languages | 091513 | ||
| Eastern Asian Languages | 091515 | ||
| Australian Indigenous Languages | 091517 | ||
| Translating and Interpreting | 091519 | ||
| Performing Arts | 1001 | ||
| Visual Arts and Crafts | 1003 | ||
| Graphic and Design Studies | 1005 | ||
| Communication and Media Studies | 1007 | ||
| Other Creative Arts | 1099 | ||
| Allied health | Pharmacy | 0605 | |
| Optical Science | 0609 | ||
| Indigenous Health | 061305 | ||
| Radiography | 0615 | ||
| Physiotherapy | 061701 | ||
| Occupational Therapy | 061703 | ||
| Chiropractic and Osteopathy | 061705 | ||
| Speech Pathology | 061707 | ||
| Audiology | 061709 | ||
| Podiatry | 061713 | ||
| Nutrition and Dietetics | 069901 | ||
| Paramedical Studies | 069905 | ||
| Funding cluster 5 Nursing | Nursing | 0603 | |
| Funding cluster 6 Engineering, science, surveying | Science | Physics and Astronomy | 0103 |
| Chemical Sciences | 0105 | ||
| Earth Sciences | 0107 | ||
| Biological Sciences | 0109 | ||
| Other Natural and Physical Sciences | 019900 | ||
| Forensic Science | 019903 | ||
| Food Science and Biotechnology | 019905 | ||
| Pharmacology | 019907 | ||
| Laboratory Technology | 019909 | ||
| Natural and Physical Sciences not elsewhere classified | 019999 | ||
| Engineering and surveying | Manufacturing Engineering and Technology | 0301 | |
| Process and Resources Engineering | 0303 | ||
| Automotive Engineering and Technology | 0305 | ||
| Mechanical and Industrial Engineering and Technology | 0307 | ||
| Civil Engineering | 0309 | ||
| Geomatic Engineering | 0311 | ||
| Electrical and Electronic Engineering and Technology | 0313 | ||
| Aerospace Engineering and Technology | 0315 | ||
| Maritime Engineering and Technology | 0317 | ||
| Other Engineering and Related Technologies | 0399 |
Funding cluster | Part of funding cluster | Unit description | FOE code |
| Funding cluster 7 Dentistry, medicine, veterinary science, agriculture | Dentistry, medicine or veterinary science | Medical Science | 019901 |
| Medical Studies | 060100 | ||
| General Medicine | 060101 | ||
| Surgery | 060103 | ||
| Psychiatry | 060105 | ||
| Obstetrics and Gynaecology | 060107 | ||
| Paediatrics | 060109 | ||
| Anaesthesiology | 060111 | ||
| Radiology | 060115 | ||
| Internal Medicine | 060117 | ||
| General Practice | 060119 | ||
| Medical Studies not elsewhere classified | 060199 | ||
| Dental Studies | 0607 | ||
| Veterinary Studies | 0611 | ||
| Agriculture | Agriculture | 0501 | |
| Horticulture and Viticulture | 0503 | ||
| Forestry Sciences | 0505 | ||
| Fisheries Sciences | 0507 | ||
| Environmental Studies | 0509 | ||
| Other Agriculture, Environmental and Related Studies | 0599 | ||
| Pathology | 060113 |
Excluding clinical psychology, which is in cluster 4.
Clinical psychology units of study are psychology units of study (Field of Education code 090701) that contribute to courses that are accredited for the purposes of professional registration by the Australian Psychological Society (APS) College of Clinical Psychologists, the APS College of Clinical Neuropsychologists, the APS College of Counselling Psychologists, the APS College of Educational & Developmental Psychologists, the APS College of Forensic Psychologists, the APS College of Health Psychologists, the APS College of Sport Psychologists or the APS College of Community Psychologists.
ITEM 4
Add after Chapter 10:
CHAPTER 11 – TRANSITIONAL LOADING
11.1 PURPOSE
11.1.1 The purpose of this chapter is to specify how the amount of transitional loading under paragraph 33-5(e) of the Act is worked out.
11.2 TRANSITIONAL LOADING
11.2.1 The transitional loading provides funding to providers to assist with the transitional costs associated with the following changes to the Act that were brought into effect under Schedule 2 to the Higher Education Support Amendment (2008 Budget Measures) Act 2008:
a) reduction in the maximum student contribution amount for mathematics, statistics and science units of study under subsection 93-10(1) of the Act in relation to an enrolment of a person in a unit of study on or after 1 January 2009 (the ‘transitional loading for mathematics, statistics and science units’); and/or
b) Table A providers being required to enrol a person in a unit of study as a Commonwealth supported student if the unit forms part of an undergraduate course of study under paragraph 36-30(1)(aa) of the Act (the ‘transitional loading for Commonwealth supported places for the phase out of domestic undergraduate full fee paying places’).
11.2.2 Where the allocation of Commonwealth supported places (expressed as equivalent full time student load (EFTSL)) made by the Minister under section 30-10 of the Act specifies a number of places that have a transitional loading, the amount of transitional loading that will be paid is worked out in accordance with section 11.3.
11.3 CALCULATION OF THE LOADING
Transitional loading for mathematics, statistics and science units
For 2009
11.3.1The amount of transitional loading for mathematics, statistics and science units of study payable to a higher education provider for 2009 will be calculated in accordance with the following formula:
A times B
where:
Ais the estimated EFTSL of post-2008 mathematics, statistics and science units in 2009, as determined by DEEWR in consultation with the relevant provider before the end of 2008. A post-2008 mathematics, statistics and science unit is a unit for which Item 13 of Schedule 2 to the Higher Education Legislation Amendment (2008 Budget Measures) Act 2008 applies.
B is $3,250.
For 2010 and later years
11.3.2The amount of transitional loading for mathematics, statistics and science units payable to a higher education provider for a year being 2010 or a later year will be calculated in accordance with the following formula:
(A times B) plus (C times D)
where:
Ais the estimated EFTSL of post-2008 mathematics, statistics and science units in that year, as determined by DEEWR in consultation with the relevant provider before the end of the preceding year.
B is the amount shown above for B in 2009, indexed in accordance with the method set out in Part 5-6 of the Act for 2010 and later years.
C is the difference between the ‘actual EFTSL’ and estimated EFTSL for the preceding year and which may be negative.
D is the value of B for the preceding year.
11.3.3‘Actual EFTSL’ is the total post-2008 mathematics, statistics and science unit EFTSL for the reporting year as verified by the provider through the student data collection required under subsection 19-70(1) of the Act and accepted by DEEWR for publication in annual Higher Education Student Statistics.
Transitional loading for Commonwealth supported places for the phase out of domestic undergraduate full fee paying places
For 2009
11.3.4The amount of transitional loading for the Commonwealth supported places for the phase out of domestic undergraduate full fee paying places payable to a higher education provider for 2009 will be the amount the Minister determines in writing for that provider.
11.3.5The amount that the Minister determines for a provider is subject to the conditions (if any) determined by the Minister in writing for that provider.
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