Higher Education Support Act 2003 Commonwealth Grant Scheme Guidelines (02/06/2004) (Cth)
Commonwealth of Australia
Higher Education Support Act 2003
COMMONWEALTH GRANT SCHEME 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 ("the Act"), make the attached Commonwealth Grant Scheme Guidelines for the purposes Part 2-2, Chapter 2 and Part 3-2, section 93-10, Chapter 3 of the Act.
Dated this....................2nd.......................day of................JUNE................2004.
_________________________________________
BRENDAN NELSON
Minister for Education, Science and Training
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
GUIDELINES FOR COMMONWEALTH GRANT SCHEME
(i) CITATION
These Guidelines may be cited as the Commonwealth Grant Scheme Guidelines.
(ii) AUTHORITY
These Guidelines are made under section 238-10 of the Higher Education Support Act 2003.
(iii) DATE OF EFFECT
Chapters 1 to 10 of these Guidelines shall come into effect on the date of Gazettal. Chapters 11 and 12 of these Guidelines shall come into effect on 1 January 2005.
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
GUIDELINES FOR COMMONWEALTH GRANT SCHEME
TABLE OF CONTENTS page
CHAPTER 1 INTRODUCTION
1.1 INTERPRETATION 4
CHAPTER 2 HIGHER EDUCATION PROVIDERS ELIGIBLE FOR GRANTS
2.1 PURPOSE 5
2.5 HIGHER EDUCATION PROVIDERS (SECTION 30-1) 5
CHAPTER 3 OUTCOMES THAT ARE NATIONAL PRIORITIES
3.1 PURPOSE 6
3.5 NATIONAL PRIORITIES (SECTION 30-20) 6
CHAPTER 4 REGIONAL LOADING
4.1 PURPOSE 7
4.5 ELIGIBILITY 7
4.10 FUNDING BANDS 7
4.15 VARIATIONS 8
4.20 CALCULATION OF EXTERNAL LOAD 8
4.25 CODING NOTES FOR DETERMINING REGIONAL LOADING EFTSL 8
CHAPTER 5 MEDICAL STUDENT LOADING
5.1 PURPOSE (SECTION 33-5) 10
5.5 CALCULATION OF THE LOADING 10
CHAPTER 6 ENABLING LOADING
6.1 PURPOSE (SECTION 33-5) 11
6.5 ELIGIBILITY 11
6.10 LOADING CALCULATION 11
6.15 VARIATIONS TO THE LOADING 11
CHAPTER 7 INCREASES IN ASSISTANCE FOR HIGHER EDUCATION PROVIDERS MEETING CERTAIN REQUIREMENTS
7.1 PURPOSE (SECTION 33-15) 12
7.5 NATIONAL GOVERNANCE PROTOCOLS FOR HIGHER EDUCATION PROVIDERS LISTED IN TABLE A OF HESA 12
7.10 NATIONAL GOVERNANCE PROTOCOLS FOR HIGHER EDUCATION PROVIDERS NOT LISTED IN TABLE A OF HESA 14
7.15 DATE TO MEET THESE REQUIREMENTS 15
CHAPTER 8 ADJUSTMENTS
8.1 PURPOSE 18
8.5 ADJUSTMENT TO BASIC GRANT AMOUNT (SECTION 33-20) 18
CHAPTER 9 DETERMINING THE FUNDING CLUSTERS
9.1 PURPOSE 19
9.5 DETERMINING THE FUNDING CLUSTERS 19
CHAPTER 10 SPECIAL PURPOSE ADVANCES
10.1 PURPOSE 23
10.5 ADVANCES FOR CERTAIN PURPOSES 23
10.10 AMOUNTS 23
10.15 INFORMATION REQUIRED 23
10.20 REPAYMENT OF THE ADVANCE 23
CHAPTER 11 FEES IN RESPECT OF OVERSEAS STUDENTS
11.1 REVOCATION 24
11.5 PURPOSE 24
11.10 REQUIREMENTS 24
11.15 CALCULATION OF MINIMUM INDICATIVE COURSE FEES 24
CHAPTER 12 FEES FOR GOODS AND SERVICES INCIDENTAL TO STUDIES
12.1 PURPOSE 26
12.5 DETERMINING WHETHER A CHARGE MAY BE LEVIED 26
CHAPTER 1 INTRODUCTION
1.1 INTERPRETATION
1.1.1 Unless the contrary intention appears, the terms within the Commonwealth Grant Scheme Guidelines have the same meaning as in the Higher Education Support Act 2003 (‘the Act’).
CHAPTER 2 HIGHER EDUCATION PROVIDERS
2.1 PURPOSE
2.1.1 The purpose of this chapter is to specify higher education providers other than Table A providers that can be paid grants under Part 2-2 of the Act
2.5 HIGHER EDUCATION PROVIDERS (section 30-1)
2.5.1 The following higher education providers are specified as higher education providers that can be paid grants under Part 2-2 of the Act:
(a) Avondale College;
(b) The University of Notre Dame Australia;
(c) Bond University; and
(d) Melbourne College of Divinity.
CHAPTER 3 NATIONAL PRIORITIES
3.1 PURPOSE
3.1.1 The purpose of this chapter is to specify outcomes in the provision of higher education as national priorities under section 30-20 of the Act.
3.5 NATIONAL PRIORITIES (SECTION 30-20)
3.5.1 The following outcomes are national priorities:
(a) increasing the number of persons undertaking teaching and nursing courses of study;
(b) supporting a number of persons undertaking teaching courses at Avondale College;
(c) supporting a number of persons undertaking teaching and information and communications technology courses of study at the University of Notre Dame Australia;
(d) supporting a number of persons undertaking medical courses at the University of Notre Dame Australia; and
(e) supporting a number of Indigenous students undertaking courses of study at the University of Notre Dame Australia.
CHAPTER 4 REGIONAL LOADING
4.1 PURPOSE
4.1.1 The purpose of this chapter is to specify how the amount of regional loading for Commonwealth supported places under section 33-5 (b) of the Act is to be worked out. Where the allocation of Commonwealth supported places made by the Minister under section 30-10 of the Act specifies a number of places that have a regional loading, the amount of regional loading that will be paid for Commonwealth supported places is worked out in the following way.
4.5 ELIGIBILITY
4.5.1 For the purposes of regional loading, a campus is defined as the physical location from where a course of study is delivered. It must have:
(a) regular face to face teaching – there must be academic staff present at the campus covering the teaching period; and
(b) entire courses must be delivered from the location (the bulk of units within a course leading to a higher education award must be offered at the campus location).
4.5.5 To be eligible for the regional loading, the campus must be located outside a mainland capital city other than Darwin and in a population centre with fewer than 250,000 people (with the exception of Wollongong).
4.5.10 Population figures are derived using the Statistical Division population figures in the Australian Bureau of Statistics (ABS) most up-to-date Regional Population Growth or equivalent publication.
4.5.15 The regional loading will be paid for internal student load for students in Commonwealth supported places undertaking a course leading to a higher education award (excluding research), using the student status codes listed below at 4.25. Overseas student load, full fee-paying domestic student load and work experience in industry load are not included. The loading includes a percentage of Commonwealth-supported external student load at the regional campus, in recognition that there are costs incurred at the regional campus for servicing external students. This percentage is calculated as set out at 4.20.
4.5.20 External students are those undertaking the external mode of attendance, where all units of study for which the student is enrolled involve special arrangements whereby lesson materials, assignments etc are delivered to the students, and any associated attendance at the higher education provider is of an incidental, irregular, special or voluntary nature.
4.5.25 The allocation will be based on the most recent student load data available.
4.10 FUNDING BANDS
4.10.1 Once eligibility has been determined, regional loading will be paid for student load according to bands, established on the basis of distance from the closest mainland State capital city – more or less than 300 kms - and size of the higher education provider (not the size of the campus) – greater or less than 10,000 EFTSL, based on total domestic non-fee paying enrolments at the entire higher education provider, using the student status codes listed below at 4.25.
4.10.5 The loading for the bands has been calculated as a share of an average funded place (excluding HECS) of $6,686 (in 2004 prices). The relative loadings that will apply for the bands are as follows:
Band Criteria 1 Criteria 2 Loading 1 Northern Territory N/A 30% 2 Campus is more than 300 kms from nearest mainland capital city higher education provider has less than 10 000 Commonwealth-supported EFTSL 7.5%
3 Campus is more than 300 kms from nearest mainland capital city higher education provider has more than 10 000 Commonwealth-supported EFTSL 5.0% OR Campus is less than 300 kms from nearest mainland capital city higher education provider has less than 10 000 Commonwealth-supported EFTSL 4 Campus is less than 300 kms from nearest mainland capital city higher education provider has more than 10 000 Commonwealth-supported EFTSL 2.5% 5 Wollongong N/A 1.5% 4.10.10 The regional loading for an eligible regional campus will be calculated in the following way:
4.10.15 The number of internal student EFTSL at the regional campus plus a percentage of the external student EFTSL at the regional campus MULTIPLIED by the relative loading value that applies for the funding band into which that campus falls.
4.15 VARIATIONS
4.15.1 The total amount of regional loading available to the sector is a fixed amount each year. If internal student EFTSL that is calculated against the eligible regional campuses rises significantly, or if new campuses become eligible for the loading, the amount of loading that applies for each band may be varied or the amount that applies for the percentage of external student EFTSL that may be included for the loading may be calculated on a pro-rata basis. The value of the loadings for each loading band in 2005 and future years will be specified by an amendment to these guidelines.
4.20 CALCULATION OF EXTERNAL LOAD
4.20.1 The grant amount for regional loading includes a percentage of external student EFTSL calculated in the following way. The calculations apply to Commonwealth supported place numbers.
(a) Step 1: The percentage of total external student load is calculated for an eligible higher education provider at all its campuses over the total student load (internal, external, multi-modal). A student is included in multi-modal student load when the student undertakes at least one unit of study on an internal mode of attendance and at least one unit of study on an external mode of attendance.
(b) Step 2: This percentage is applied to the external load at the regional campus. For example, the percentage of external load/total load for a higher education provider across all its campuses may be 40%. The higher education provider would then be entitled to 40% of the external student load at its eligible regional campus or campuses, at the band rate that applies for that campus.
4.20.5 Example: Higher education provider A has 100 EFTSL eligible internal load at its eligible regional campus. The higher education provider also has 50 EFTSL in external load enrolled through the regional campus.
4.20.10 If the percentage of total external student load for the higher education provider of the total student load at all its campuses is 30%, this percentage will be used to calculate the percentage of external load to be counted at the regional campus. Therefore, in the example above, total load eligible for the regional loading is 100 internal EFTSL + 15 external EFTSL (ie 30% of the 50 external EFTSL) = 115 EFTSL.
4.20.15 The grant amount will then be calculated as 115 x the $ rate that applies for the funding band for that campus.
4.25 CODING NOTES FOR DETERMINING REGIONAL LOADING EFTSL
4.25.1 Student load is determined for the regional loading using the codes in the student data collection, as set out below:
(a) Domestic, non-fee paying student load
E380 = 10, 11, 12, 25, 31, 71 and 99
(b) Level of course
Includes post-graduate coursework, undergraduate and enabling students.
(c) Internal student load
E329 = 1
(d) Share of external student load
E329 = 2; E329 = 3
(e) Campus location
Identified by E477
CHAPTER 5 MEDICAL STUDENT LOADING
5.1 PURPOSE
5.1.1 The purpose of this chapter is to specify how the amount of medical student loading for Commonwealth supported places under section 33-5 (c) of the Act is to be worked out.
5.5 MEDICAL STUDENT LOADING (SECTION 33-5)
5.5.1 The medical student loading provides funding for teaching hospital costs in a Commonwealth supported place in a course of study in medicine, completion of which would allow provisional registration as a medical practitioner by an authority of a State, a Territory or the Commonwealth.
5.5.5 Where the allocation of Commonwealth supported places made by the Minister under section 30-10 of the Act specifies a number of places that have a medical student loading, the amount of medical student loading that will be paid for Commonwealth supported places is worked out in the following way.
5.10 CALCULATION OF THE LOADING
5.10.1 The loading in 2004 is $1048 per medical student EFTSL for the agreed number of medical student places. For 2005 and for future years, the value of the loading will be specified by amendment to these guidelines.
5.10.5 Student load is determined for the medical student loading, by the EFTSL of medical units of study in a course of study in medicine, completion of which would allow provisional registration as a medical practitioner by an authority of a State, a Territory or the Commonwealth (field of education codes 019901 - medical science and 060100 to 060199 - medical studies, excluding 060113 – Pathology). The allocation will be based on the most recent student load data available.
CHAPTER 6 ENABLING LOADING
6.1 PURPOSE
6.1.1. The purpose of this chapter is to specify how the amount of enabling loading for a specified number of Commonwealth supported places under section 33-5 (d) of the Act is to be worked out. Where the allocation of Commonwealth supported places made by the Minister under section 30-10 of the Act specifies a number of places that have an enabling loading, the amount of enabling loading that will be paid for Commonwealth supported places is worked out in the following way.
6.5 ELIGIBILITY
6.5.1 An enabling course means a course of instruction provided to a person for the purpose of enabling the person to undertake a course leading to a higher education award, but does not include:
a)a course leading to a higher education award; or
b) any course that the Minister determines is not an enabling course for the purposes of the Act.
6.10 LOADING CALCULATION
6.10.1 The calculation of the value of the enabling loading involves:
The loading value EQUALS the total funding available for the enabling loading in a given year DIVIDED by the number of EFTSL coded as enabling student load at higher education providers (E490 (Student status) = 261).
6.10.5 The number of EFTSL coded as enabling student load will be based on the most recent student load data available.
6.15 VARIATIONS TO THE LOADING
6.15.1 The total amount of enabling loading for the sector is a fixed amount each year. If student EFTSL in enabling courses rises, the loading per EFTSL would be reduced. If student EFTSL in enabling courses were to drop, the loading per EFTSL would increase. In 2005 and in future years, the enabling loading value will be specified by amendment to these guidelines.
CHAPTER 7 INCREASES IN ASSISTANCE FOR HIGHER EDUCATION PROVIDERS MEETING CERTAIN REQUIREMENTS (Section 33-15)
7.1 PURPOSE
7.1.1 The purpose of this chapter is to set out the requirements known as the National Governance Protocols that higher education providers eligible for grants under the Commonwealth Grant Scheme need to satisfy under section 33-15(1)(a) of the Act and to specify a date for higher education providers to meet these requirements under section 33-15(1)(c) of the Act.
7.1.5 In this chapter, all references to the Corporations Act are to the Corporations Act 2001 (Commonwealth) as in force from time to time.
7.5 NATIONAL GOVERNANCE PROTOCOLS FOR HIGHER EDUCATION PROVIDERS LISTED IN TABLE A OF THE ACT
In the case of the Australian Catholic University, where a Protocol refers to enabling legislation, it is taken to mean its constitution and/or where applicable, the Corporations Act.
7.5.1 Protocol 1: the higher education provider must have its objectives and/or functions specified in its enabling legislation.
7.5.5 Protocol 2: the higher education provider’s governing body must adopt a statement of its primary responsibilities, which must include:
(a) appointing the vice-chancellor as the chief executive officer of the higher education provider, and monitoring his/her performance;
(b) approving the mission and strategic direction of the higher education provider, as well as the annual budget and business plan;
(c) overseeing and reviewing the management of the higher education provider and its performance;
(d) establishing policy and procedural principles, consistent with legal requirements and community expectations;
(e) approving and monitoring systems of control and accountability, including general overview of any controlled entities. A controlled entity is one that satisfies the test of control in s.50AA of the Corporations Act;
(f) overseeing and monitoring the assessment and management of risk across the higher education provider, including commercial undertakings;
(g) overseeing and monitoring the academic activities of the higher education provider;
(h) approving significant commercial activities of the higher education provider.
7.5.10 The higher education provider’s governing body, while retaining its ultimate governance responsibilities, may have an appropriate system of delegations to ensure the effective discharge of these responsibilities.
7.5.15 Protocol 3: the higher education provider must have the duties of the members of the governing body and sanctions for the breach of these duties specified in its enabling legislation. Other than the Chancellor, the Vice-Chancellor and the Presiding Member of the Academic Board (s) each member must be appointed or elected ad personam. All members of the governing body must be responsible and accountable to the governing body. When exercising the functions of a member of the governing body, a member of the governing body must always act in the best interests of the higher education provider.
7.5.20 Duties of members must include the requirements to:
(a) act always in the best interests of the higher education provider as a whole, with this obligation to be observed in priority to any duty a member may owe to those electing or appointing him or her;
(b) act in good faith, honestly and for a proper purpose;
(c) exercise appropriate care and diligence;
(d) not improperly use their position to gain an advantage for themselves or someone else; and
(e) disclose and avoid conflicts of interest (with appropriate procedures for that purpose similar to those for public companies).
7.5.25 There should be safeguards, exemptions and protections for members of a higher education provider’s governing body for matters or things done or omitted in good faith in pursuance of the relevant legislation. Without limitation, this should include such safeguards, exemptions and protections as are the equivalent of those that would be available were the member a director under the Corporations Act. The higher education provider (with the exception of those subject to the Corporations Act) must have a requirement that the governing body has the power (by a two-thirds majority) to remove any member of the governing body from office if the member breaches the duties specified above included in its enabling legislation. A member must automatically vacate the office if he or she is, or becomes, disqualified from acting as a Director of a company or managing corporations under Part 2D.6 of the Corporations Act.
7.5.30 Protocol 4: each governing body must make available a programme of induction and professional development for members to build the expertise of the governing body and to ensure that all members are aware of the nature of their duties and responsibilities. At regular intervals the governing body must assess both its performance and its conformance with these Protocols and identify needed skills and expertise for the future.
7.5.35 Protocol 5: the size of the governing body must not exceed 22 members. There must be at least two members having financial expertise (as demonstrated by relevant qualifications and financial management experience at a senior level in the public or private sector) and at least one member with commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector). Where the size of the governing body is limited to less than 10 members, one member with financial expertise and one with commercial expertise would be considered as meeting the requirements. There must be a majority of external independent members who are neither enrolled as a student nor employed by the higher education provider. There must not be current members of any State or Commonwealth parliament or legislative assembly other than where specifically selected by the governing body itself.
7.5.40 Protocol 6: the higher education provider must adopt systematic procedures for the nomination of prospective members of the governing body for those categories of members that are not elected. The responsibility for proposing such nominations for the governing body may be delegated to a nominations committee of the governing body that the Chancellor would ordinarily chair.
7.5.45 Members so appointed must be selected on the basis of their ability to contribute to the effective working of the governing body by having needed skills, knowledge and experience, an appreciation of the values of a higher education provider and its core activities of teaching and research, its independence and academic freedom and the capacity to appreciate what the higher education provider’s external community needs from that higher education provider.
7.5.50 To provide for the introduction of new members consistent with maintaining continuity and experience, members’ terms must generally overlap and governing bodies must establish the maximum period to be served. This should not generally exceed 12 years unless otherwise specifically agreed by the majority of the governing body.
7.5.55 Protocol 7: the higher education provider is to codify its internal grievance procedures and publish them with information about the procedure for submitting complaints to the relevant ombudsman or the equivalent relevant agency.
7.5.60 Protocol 8: the annual report of the higher education provider must be used for reporting on high level outcomes.
7.5.65 Protocol 9: the annual report of the higher education provider must include a report on risk management within the organisation.
7.5.70 Protocol 10: the governing body is required to oversee controlled entities by taking reasonable steps to bring about the following:
(a) ensuring that the entity’s board possesses the skills, knowledge and experience necessary to provide proper stewardship and control of the entity;
(b) appointing some directors to the board of the entity who are not members of the governing body or officers or students of the higher education provider, where possible;
(c) ensuring that the board adopts and regularly evaluates a written statement of its own governance principles;
(d) ensuring that the board documents a clear corporate and business strategy which reports on and updates annually the entity’s long-term objectives and includes an annual business plan containing achievable and measurable performance targets and milestones; and
(e) establishing and documenting clear expectations of reporting to the governing body, such as a draft business plan for consideration and approval before the commencement of each financial year and at least quarterly reports against the business plan.
7.5.75 Protocol 11: A higher education provider must assess the risk arising from its part ownership of any entity (including an associated company as defined in the Accounting Standards issued by the Australian Accounting Standards Board), partnership and joint venture. The governing body of the provider must, where appropriate in light of the risk assessment, use its best endeavours to obtain an auditor’s report (including audit certification and management letter) of the entity by a State, Territory or Commonwealth Auditor-General or by an external auditor.
7.10 NATIONAL GOVERNANCE PROTOCOLS FOR HIGHER EDUCATION PROVIDERS NOT LISTED IN TABLE A OF THE ACT
7.10.1 Protocol 1: the higher education provider must have its objectives specified in a constitution or such other document that establishes the higher education provider as a legal entity.
7.10.5 Protocol 2: the governing body of the higher education provider must adopt a statement of its primary responsibilities, which must include:
(a) appointing the chief executive officer of the higher education provider and monitoring his/her performance;
(b) appointing, where necessary, the secretary or public officer of the higher education provider;
(c) ensuring that the processes of the governing body are carried out in accordance with the constitution of the governing body;
(d) approving the mission and strategic direction of the higher education provider, as well as the annual budget and business plan;
(e) appointing an external auditor;
(f) appointing, where necessary, an audit committee that consists of at least three independent members (excluding the chair) of the governing body;
(g) establishing policy and procedural principles consistent with legal requirements and community expectations;
(h) approving and monitoring systems of control and accountability, including general overview of any controlled entities. A controlled entity is one that satisfies the test of control in s.50AA of the Corporations Act;
(i) overseeing and reviewing the management of the higher education provider and its performance as a higher education provider;
(j) overseeing and monitoring the assessment and management of risk across the higher education provider, including commercial undertakings;
(k) overseeing and monitoring academic activities of the higher education provider; and
(l) approving significant commercial activities of the higher education provider.
7.10.10 The higher education provider’s governing body, while retaining its ultimate governance responsibilities, may have an appropriate system of delegations to ensure the effective discharge of these responsibilities.
7.10.15 Protocol 3: the higher education provider must have the duties of the members of the governing body and sanctions for the breach of these duties specified in its constitution or other such document of the higher education provider. Other than the Chair of the Governing Body, Chief Executive Officer and the Presiding Member of the Academic Board (or the equivalent officer) each member must be appointed or elected ad personam. All members of the governing body must be responsible and accountable to the governing body. When exercising the functions of a member of the governing body, a member of the governing body must always act in the best interests of the higher education provider.
7.10.20 Duties of members must include the requirements to:
(a) act always in the best interests of the higher education provider as a whole, with this obligation to be observed in priority to any duty a member may owe to those electing or appointing him or her;
(b) act in good faith, honestly and for a proper purpose;
(c) exercise appropriate care and diligence;
(d) not improperly use their position to gain an advantage for themselves or someone else; and
(e) disclose and avoid conflicts of interest (with appropriate procedures for that purpose similar to those for public companies).
7.10.25 There should be safeguards, exemptions and protections for members of a higher education provider’s governing body for matters or things done or omitted in good faith. Without limitation, this should include such safeguards, exemptions and protections as are the equivalent of those that would be available were the member a director under the Corporations Act. The higher education provider (with the exception of those subject to the Corporations Act) must have a requirement that the governing body has the power to remove any member of the governing body from office if the member breaches the duties specified above included in its constitution or other such document of the higher education provider. A member must automatically vacate the office if he or she is, or becomes, disqualified from acting as a Director of a company or managing corporations under Part 2D.6 of the Corporations Act.
7.10.30 Protocol 4: each governing body must make available a programme of induction and professional development for members to build the expertise of the governing body and to ensure that all members are aware of the nature of their duties and responsibilities. At regular intervals the governing body must assess both its performance and its conformance with these Protocols and identify needed skills and expertise for the future.
7.10.35 Protocol 5: the size of governing body must not exceed 22 members. There must be at least two members having financial expertise (as demonstrated by relevant qualifications and financial management experience at a senior level in the public or private sector) and at least one member with commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector). Where the size of the governing body is limited to less than 10 members, one member with financial expertise and one with commercial expertise would be considered as meeting the requirements. A majority of the members must be external independent members who are neither enrolled as a student nor employed by the higher education provider. There must not be current members of any State or Commonwealth parliament or legislative assembly other than where specifically selected by the governing body itself.
7.10.40 Protocol 6: the higher education provider must adopt systematic procedures for the nomination of prospective members of the governing body for those categories of members that are not elected.
7.10.45 Protocol 7: the higher education provider is to codify its internal grievance procedures and publish them with information about the procedure for submitting complaints to the relevant ombudsman or the equivalent relevant agency.
7.10.50 Protocol 8: the annual report of the higher education provider must be used for reporting on high level outcomes required by the Commonwealth.
7.10.55 Protocol 9: the annual report of the higher education provider must include a report on risk management within the organisation.
7.10.60 Protocol 10: the governing body is required to oversee controlled entities by taking reasonable steps to bring about the following:
(a) ensuring that the entity’s board possesses the skills, knowledge and experience necessary to provide proper stewardship and control of the entity;
(b) appointing some directors to the board of the entity who are not members of the governing body or officers or students of the higher education provider, where possible;
(c) ensuring that the board regularly adopts and evaluates a written statement of its own governance principles;
(d) ensuring that the board documents a clear corporate and business strategy which reports and updates annually the entity’s long-term objectives and includes an annual business plan containing achievable and measurable performance targets and milestones; and
(e) establishing and documenting clear expectations of reporting to the governing body, such as a draft business plan for consideration and approval before the commencement of each financial year and at least quarterly reports against the business plan.
7.10.65 Protocol 11: the higher education provider and its associated entities shall be audited by an external auditor and the auditor’s report (including audit certification and management letter) provided to the higher education provider’s governing body or the higher education provider’s audit committee.
7.15 DATE TO MEET THESE REQUIREMENTS (SECTION 33-15)
7.15.1 Dates to meet the National Governance Protocols and workplace relations requirements for a higher education provider to receive an increase in its basic grant amount for a year under the Commonwealth Grant Scheme are:
Grant year Funding Increases Dates for meeting the requirements 2005 2.5% 31 August 2004 2006 5.0% 31 August 2005 2007 7.5% 31 August 2006
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.
8.5 ADJUSTMENTS TO BASIC GRANT AMOUNT (SECTION 33-20)
8.5.1 The adjustments set out in section 33-25 of the Act apply to a higher education provider’s basic grant amount with the exception of non-Table A higher education providers. The following adjustments are to apply to non-Table A higher education providers that provide Commonwealth supported places in national priority areas.
8.5.5 If the number of Commonwealth-supported places that were provided by a non-Table A provider in the preceding year for each national priority exceeds the number of allocated places in that national priority area, there will be no adjustment to the basic grant amount.
8.5.10 If the number of Commonwealth-supported places that were provided by a non-Table A provider in the preceding year for each national priority is fewer than the number of allocated places in that national priority area, there will be a reduction to the basic grant amount.
8.5.15 The reduction specified in paragraph 8.5.10 above will be an amount equal to the difference between the basic grant amount for the preceding year and the grant amount payable for the number of Commonwealth-supported places provided for each agreed national priority in the preceding year.
8.5.20 The adjustment is worked out in the following way.
The adjustment amount EQUALS the grant payable for the number of places allocated in the preceding year for each agreed national priority LESS the grant payable for the number of places provided in the preceding year for each agreed national priority.
8.5.25 The provider’s basic grant amount for the grant year will be reduced by this amount.
CHAPTER 9 DETERMINING THE FUNDING CLUSTERS
9.1 PURPOSE
9.1.1 The purpose of this chapter is to specify how to determine the funding clusters in which units of study are included and the particular funding cluster in which a particular unit of study is included under section 33-35 of the Act.
9.5 DETERMINING THE FUNDING CLUSTERS (SECTION 33-35)
9.5.1 Funding clusters in which units of study are included are determined in the following way. Clusters are defined by the field of education (FOE) under the Australian Bureau of Statistics (ABS) Australian Standard Classification of Education (ASCED) as set out below. Units offered by higher education providers will be classified into funding clusters according to these fields of education.
Funding Cluster Unit Description FOE Code Funding Cluster 1 Law Law
0909 Funding Cluster 2 Accounting, Administration, Accounting 0801 Economics, Commerce 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 3 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 4 Mathematics, Statistics Mathematical Sciences
0101 Funding Cluster 5 Behavioural Science, Social Human Movement 069903 Studies Political Science and Policy
Studies0901 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 Science 0907 Librarianship, Information Management and Curatorial Studies 0913 Sport and Recreation 0921 Other Society and Culture
0999 Funding Cluster 6 Computing, Built Environment, Computer Science 0201 Health Information Systems 0203 Other Information Technology 0299 Architecture and Urban Environment 0401 Building 0403 Pharmacy 0605 Optical Science 0609 Public Health 0613 Radiography 0615 Rehabilitation Therapies 0617 Complementary Therapies 0619 Other Health 069900 Nutrition and Dietetics 069901 Paramedical Studies 069905 Funding Cluster 6 (continued) First Aid 069907 Computing, Built Environment, Health Health not elsewhere classified
069999 Funding Cluster 7 Foreign Languages, Visual and Northern European Languages 091503 Performing Arts 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 Funding Cluster 8 Engineering, Science, Surveying 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 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 Funding Cluster 8 (continued) Engineering, Science, Surveying Maritime Engineering and Technology 0317 Other Engineering and Related Technologies
0399 Funding Cluster 9 Dentistry, Medicine, Veterinary Medical Science 019901 Science 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 Funding Cluster 10 Agriculture Agriculture 0501 Horticulture and Viticulture 0503 Forestry Sciences 0505 Fisheries Sciences 0507 Environmental Studies 0509 Other Agriculture, 0599 Environmental and Related Studies Pathology
060113 National Priority Funding Clusters Cluster 11 - Education Teacher Education 0701 Curriculum and Education Studies 0703 Other Education
0799 Cluster 12 - Nursing Nursing 0603
CHAPTER 10 ADVANCES FOR CERTAIN PURPOSES
10.1 PURPOSE
10.1.1 The purpose of this chapter is to specify how advances in relation to expenditure of a higher education provider for certain purposes are to be determined and the reductions in the amount of grant payable in the following three years if the Minister determines that an advance is payable under section 33-40 of the Act.
10.5 ADVANCES FOR CERTAIN PURPOSES (section 33-40)
10.5.1 The Minister may determine advances of the grant to eligible higher education providers for the following purposes:
(a) to assist higher education providers with the cash-flow implications of restructuring;
(b) to implement adjustment arising from the specific effects on grants of Commonwealth policy change;
(c) to rationalise staffing levels, courses and infrastructure both within and between higher education providers;
(d) to help secure genuine productivity improvements in the area of workplace reform;
(e) to implement explicit decisions to restructure the educational profile of a higher education provider; and
(f) to achieve such other purposes as the Minister may determine.
10.10 AMOUNTS
10.10.1The total amount that the Minister may advance in a calendar year shall not exceed $25 million.
10.15 CONDITIONS ON ADVANCES
10.15.1An advance may be paid to a higher education provider on such conditions as the Minister determines, including, but not limited to provision of information regarding the purposes and use to which the advance has been applied.
10.20 REPAYMENT OF THE ADVANCE
10.20.1Reductions in the amount of the grant payable to a provider under section 33-1 of the Act will be determined by the Minister for the three years following the advance.
CHAPTER 11 FEES IN RESPECT OF OVERSEAS STUDENTS
11.1 PURPOSE
11.1.1 The purpose of this chapter is to detail the requirements with which higher education providers must comply in imposing fees for fee paying overseas students in accordance with section 19-102(3)(d) of the Act.
11.5 REQUIREMENTS
11.5.1 When determining a fee for overseas students, higher education providers must meet the following requirements:
(a) Higher education providers must in all cases charge as a minimum, fees sufficient to recover the full cost of providing the course to an overseas student. Without limiting the meaning of full cost, it includes:
(i) full operating costs, including equipment costs. Account should be taken not only of directly associated staff costs and the like but also all overheads (e.g. utilities, rent, marketing costs) and common services costs (e.g. libraries, student counsellors).
(ii) full capital costs. For fee calculation purposes, the current average cost per place of providing capital facilities for the course in question should be determined by the higher education provider.
(iii) A capital component of the fee will not need to be taken into account where the necessary capital facilities are provided by a third party.
(b) Fees must be no less than those shown for the relevant category of course in the schedule of minimum indicative course fees, which forms part of these guidelines, except where:
(i) a course is provided wholly off-shore and students will not at any stage enter Australia for study;
(ii) approval has been given by Department of Education, Science and Training to charge less than the minimum indicative fee for a course.
In these circumstances no minimum indicative fee will apply. However the provider must be able to demonstrate that the fee proposed will recover at least the full cost of providing the course.
(c) For the purposes of paragraph 11.5.1 (b), the minimum indicative course fee for the relevant category of course is:
(i) if paragraph 11.5.1 (a) (iii) applies, the amount in the column headed Total without capital component; or
(ii) in all other circumstances, the amount in the column headed Total with capital component.
11.10 CALCULATION OF MINIMUM INDICATIVE COURSE FEES
11.10.1 The schedule of minimum indicative course fees for 2004 is as follows:
Course Categories
ON CAMPUSTotal without capital component $ Total with capital component $
$1. 1. English Language Intensive Course Of Study (ELICOS) (fees/weekly) 230 250 2. Law, Economics, Business, Humanities, Maths/Statistics, Social Science, Education, Computing, Architecture, Design, Nursing, Arts 7,770 9,270 3. Science, Paramedical, Engineering, Pharmacy, Agriculture 11,730 13,860 4. Medicine, Dentistry, Veterinary Science 16,220 19,090 EXTERNAL E1. 1. English Language Intensive Course Of Study (ELICOS) (fees/weekly) 230 250 E2. Law, Economics, Business, Humanities, Maths/Statistics, Social Science, Education, Computing, Architecture, Design, Nursing, Arts, 7,770 8,190 E3. Science, Paramedical, Engineering, Pharmacy, Agriculture 11,730 12,300 CHAPTER 12 FEES FOR GOODS AND SERVICES INCIDENTAL TO STUDIES
12.1 PURPOSE
12.1.1 The purpose of this Chapter is to specify the criteria that apply to fees which are incidental to studies undertaken as part of a course of study and for which higher education providers may levy a charge in accordance with section 19-102(3)(f) of the Act.
12.5 DETERMINING WHETHER A CHARGE MAY BE LEVIED
12.5.1 A provider may charge a student for a good or service related to the provision of their course if one of the following criteria apply:
(a) The charge is for a good or service that is not essential to a course of study.
(b) The charge is for an alternative form or alternative forms of, access to a good or service that is an essential component of a course but is otherwise made readily available at no additional charge by the higher education provider.
(c) The charge is for an essential good or service that the student has the choice of acquiring from a supplier other than the higher education provider and is for:
(i) equipment or items which become the physical property of the student and are not consumed during the course of study; or
(ii) food, transport and accommodation costs associated with the provision of field trips.
(d) The charge is a fine or penalty, provided that the charge is levied principally as a disincentive and not in order to raise revenue or cover administrative costs.
Brendan Nelson
Minister for Education, Science and Training
2nd June 2004
0
0
0