Amendment No. 3 to the Other Grants Guidelines 2006

Administered by Department of Education, Science and Training

Legislation au F2007L01158 Not in force Legislative Instrument

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             ATTACHMENT B


EXPLANATORY STATEMENT

 

Guidelines issued under section 238-10 of the Higher Education Support Act 2003

 

Higher Education Support Act 2003 - Other Grants Guidelines 2006

 

Issued by the authority of the Minister for Education, Science and Training

 

 

Subject:-  Higher Education Support Act 2003 - Other Grants Guidelines 2006

 

Authority

 

Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make guidelines providing for matters required or permitted by the Act necessary or convenient to be provided in order to carry out or give effect to the Act.  In particular, section 238-10 specifies that the Minister may make Other Grants Guidelines to give effect to matters set out in Part 2-3 of the Act.

 

Section 41-15 of the Act provides that the Other Grants Guidelines may specify one or more programmes under which grants for particular purposes specified in the table in subsection

41-10(1) are to be paid.

 

Purpose and operation

 

These Guidelines amend the Higher Education Support Act 2003 - Other Grants Guidelines 2006 (Other Grants Guidelines 2006) registered on 22 November 2006 (see F2006L03785) and which commenced on 23 November 2006.  The purpose of these Guidelines is to amend the Other Grants Guidelines 2006 for the third time.

 

The Other Grants Guidelines 2006 have eleven chapters, each representing a purpose for which grants may be made under Part 2-3 of the Act.

 

Detail of the Amendments

 

Chapter i

 

Chapter i sets out the purpose of and the defined terms used in the Other Grants Guidelines 2006.

 


Chapter 1 Grants to promote equality of opportunity in higher education

 

Item 1 of the table in subsection 41-10(1) specifies that those providers identified in Table A of subdivision 16-B of the Act are eligible for grants to promote equality of opportunity in higher education.  Chapter 1 sets out the programmes that will assist with overcoming barriers to access and participation in higher education, particularly relating to Indigenous background, low socio-economic status, rural and isolated background, disability, non-English speaking background and gender.

 

Indigenous Support Programme

 

1.15 sets out the objectives of the Indigenous Support Programme, which are to meet the special needs of Indigenous Australian students and to advance the goals of the National Aboriginal and Torres Strait Islander Education Policy. 

 

1.20 sets out the conditions of eligibility relating to strategies for improving access, participation, retention and success and participation of Indigenous people in providers’ decision making processes and Indigenous employment.

 

1.25 provides that the grant amount will be indexed in accordance with Part 5-6 of the Act.

 

1.30 provides the method by which a payment is made under the programme.

 

1.35 sets out the grant conditions which include providing a report on the expenditure of the grant amount. 

 

Higher Education Equity Support Programme

 

1.40 specifies that the Higher Education Equity Support Programme provides funding to eligible higher education providers to undertake activities that assist in overcoming barriers to access for disadvantaged students and promote equality of opportunity in higher education. In particular, the programme aims to increase the access and participation in higher education of students from designated equity groups.

 

1.45 provides that, to be eligible for funds in any one year, eligible providers must submit a statement demonstrating that they provide outreach programmes and support measures for disadvantaged students, administer Commonwealth Learning Scholarships, and maintain an institutional equity scholarship programme.

 

1.50 sets out the total grant available under the programme in 2005 and provides that this amount will be indexed for subsequent years in accordance with Division 198 of Part

5-6 of the Act.

 

1.55 sets out the method by which an eligible provider’s share of the total pool of programme funding is calculated in a year. An eligible provider’s share is based on:

  • the number of domestic students from low socio-economic backgrounds enrolled at the provider, multiplied by the retention and success ratios for the group; together with
  • the number of domestic low socio-economic students from rural and isolated backgrounds enrolled at the provider, multiplied by the retention and success ratios for the group.

 

1.60 sets out the extra grant conditions and what the grant can and cannot be spent on.

 

Higher Education Disability Support Programme

 

1.65 sets out the four components of the Higher Education Disability Support Programme.

 

1.70 sets out the total grant available under the programme in 2005 and provides that this amount will be indexed for subsequent years in accordance with Division 198 of Part

5-6 of the Act.

 

1.75.1 specifies the objectives of the Additional Support for Students with Disabilities component, which are to assist higher education providers to meet the costs of supporting students with a disability with high cost needs, and to encourage efficient use of specialised resources to support students with a disability.

 

1.75.5 provides a description of the Additional Support for Students with Disabilities component, and specifies how grant amounts are to be determined for this component.  Funding is allocated annually on application by eligible higher education providers using a claim form. 

 

1.75.10 specifies extra conditions of grant for the Additional Support for Students with Disabilities component, including the need for eligible providers to obtain evidence of a student’s disability and support needs, and to maintain records of the evidence and assessment process used to verify disability and support needs.

 

Regional Disability Liaison Officers

 

1.80 sets out the four objectives of the Regional Disability Liaison Officer component, and provides a description of the component.

 

Australian Disability Clearinghouse on Education and Training

 

1.85 sets out the objective of the Australian Disability Clearinghouse on Education and Training component, which is to facilitate equitable access to education and training for people with a disability, and provides a description of the component.  Funds will be provided to the higher education provider hosting the website, as determined by the Minister.

 

Performance-Based Disability Support Funding

 

1.90.1 specifies that the objective of the performance-based disability support funding component is to encourage providers to implement strategies to facilitate the participation of people with a disability in higher education.

 

1.90.5 provides a description of the performance-based disability support funding component, and outlines the funding allocation formula.  Allocations are made to eligible providers based on the number of domestic students with a disability enrolled at each higher education provider, weighted for the retention and success of these students.

 

1.90.10 specifies extra conditions of grant for the performance-based disability support funding component and what the grant can and cannot be spent on. 

 

Overview

The Higher Education Support Act 2003, enacted by the Parliament of Australia, addresses the need for equitable access and participation in higher education by establishing a framework for grants aimed at promoting equality of opportunity. These grants are intended to assist higher education providers in overcoming barriers that may prevent students from certain backgrounds from accessing and succeeding in higher education. The Higher Education Support Act 2003 - Other Grants Guidelines 2006, issued under the authority of the Minister for Education, Science and Training, provide the necessary framework for the implementation of these grants. The policy objective of these guidelines is to ensure that the grants are distributed effectively to eligible providers to support initiatives that promote equity and access in higher education, particularly for students from Indigenous, low socio-economic, rural, disabled, non-English speaking, and gender-specific backgrounds.

Scope and Application

The Higher Education Support Act 2003 - Other Grants Guidelines 2006, as amended, apply to eligible higher education providers in Australia who seek grants under the Act for specified purposes aimed at promoting equality of opportunity in higher education. These purposes include supporting students from Indigenous backgrounds, low socio-economic status, rural and isolated areas, those with disabilities, non-English speaking backgrounds, and addressing gender disparities. The guidelines set out the eligibility criteria, objectives, funding mechanisms, and conditions for various grant programs, such as the Indigenous Support Programme, Higher Education Equity Support Programme, and Higher Education Disability Support Programme. The eligibility for these grants is determined by specific criteria related to the number of students from designated equity groups, retention and success ratios, and institutional strategies. The geographic reach of these guidelines is national, as they apply to higher education providers across Australia. There are no specific exclusions or thresholds outlined in the guidelines, but eligibility and funding are contingent on meeting the specified conditions and criteria. The application and interpretation of these guidelines may be further refined or expanded through subordinate instruments issued by the Minister for Education, Science and Training under the authority of the Act.

Key Provisions

The Higher Education Support Act 2003 - Other Grants Guidelines 2006 (Guidelines) provide detailed instructions on how grants for specified purposes are to be administered. These grants are intended to support higher education providers in addressing barriers to access and participation, particularly for students from disadvantaged backgrounds (s. 41-15). The Guidelines outline specific programs and conditions for grants aimed at promoting equality of opportunity in higher education. For example, Chapter 1 discusses grants designed to assist Indigenous students, students from low socio-economic backgrounds, students with disabilities, and other disadvantaged groups. Under these Guidelines, higher education providers must meet certain eligibility criteria to qualify for grants. For instance, to be eligible for the Indigenous Support Programme, providers must demonstrate strategies aimed at improving access, participation, retention, and success rates for Indigenous students, as well as their involvement in decision-making processes and Indigenous employment (1.20). Similarly, to qualify for the Higher Education Equity Support Programme, providers need to show they offer outreach programs, support measures, and administer Commonwealth Learning Scholarships (1.45). The Guidelines also specify the total amount of funding available and how it will be indexed for future years (1.50, 1.70). Breach of the conditions specified in these Guidelines can have significant consequences. Although the Guidelines themselves do not explicitly outline penalties, failure to comply with the provisions of the Higher Education Support Act 2003 could result in civil or criminal penalties. For instance, providing false or misleading information to obtain a grant could lead to legal action under the Act, which includes potential fines and imprisonment. Additionally, failure to report on the expenditure of grant amounts as required by the Guidelines could result in the provider being ineligible for future grants and potentially facing audits or investigations by the relevant authorities.

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