EXPLANATORY STATEMENT
Guidelines issued under subsection 238-10 of the Higher Education Support Act 2003
Other Grants Guidelines
Issued by the authority of the Minister for Education, Science and Training
Subject:- Higher Education Support Act 2003
Amendment No. 3 to the Other Grants Guidelines
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 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 programs under which grants for particular purposes specified in the table in subsection 41-10(1) are to be paid.
Purpose and operation
The first Other Grants Guidelines commenced on 13 August 2004. Amendment No. 1 was made on 6 and 8 December 2004 (gazetted on 9 December 2004). Amendment No. 2 was made on 21 December (gazetted on 22 December 2004). The Guidelines are comprised of eleven chapters which set out the program requirements for grants specified in subsection 41-10(1) of the Act. As the programs are required by the higher education sector at different dates, the corresponding components of the guidelines are at varying stages of preparation. The Guidelines currently consist of nine chapters, specifically Chapters 1, 3, 4, 6, 7, 8, 9, 10 and 11(a) and 11(b).
The purpose of the guidelines in this instance is to amend the Other Grants Guidelines by inserting Chapters 3 and 5 in order to set out requirements for the grant specified in Items 3 and 5 of the table of subsection 41-10(1) of the Act. The remaining chapters, Chapters 2 and 11(c) will be added at a later date.
In addition, Chapter 6 of the Guidelines is revoked and replaced by a new version.
Chapter 3 – Grants to enhance learning and teaching in higher education
Item 3 of the table in subsection 41-10(1) of the Act specifies that Table A higher education providers are eligible for grants to enhance learning and teaching in higher education. .
The purpose of Chapter 3 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(1) of the Act. Chapter 3 sets out the objectives of the Learning and Teaching Performance Fund, the amount to be spent on the program, and refers to the allocation and payment processes.
The Learning and Teaching Performance Fund will reward those higher education providers that best demonstrate excellence in learning and teaching.
Funds are available for 2006– 2008 and applications will be sought each year. The allocation process occurs
in two stages. Stage 1 requires evidence of institutional commitment to teaching and learning. Higher
education providers are required to establish eligibility for funds by demonstrating that they have appropriate policies and processes in place and that these are publicly available on their websites. There is no funding
attached to Stage 1.
Stage 2 focuses on learning and teaching outcomes. Performance in learning and teaching will be assessed against a range of quantitative performance indicators and a qualitative assessment by an Expert Panel. Funding will be allocated to the providers that best demonstrate excellence.
The Learning and Teaching Performance Fund Administrative Information for Providers sets out the program description and the criteria for eligibility. This document may be found at:
http://www.dest.gov.au/sectors/higher_education/policy_issues_reviews/key_issues/learning_teaching/ltpf/2006ltpf.htm#Administrative_information_for_providers_2006
Chapter 5 – Grants to support the capital development projects of higher education providers
Item 5 of the table in subsection 41-10(1) of the Act specifies that Table A higher education providers are eligible for grants to support the capital development projects of higher education providers.
The purpose of Chapter 5 is to establish the Capital Development Pool (CDP) Program as a program for the purpose of subsection 41-15(1) of the Act, and to specify the requirements for grants made under the program.
The CDP Program provides funding to eligible higher education providers to encourage:
- new campus developments in suburban growth corridors and regional centres;
- capital developments to establish or expand courses identified by the government as discipline areas of national importance;
- communication and IT infrastructure projects which improve educational delivery;
- projects to rebuild or the restore campus facilities as a result of extraordinary circumstances; and
- capital developments which the Minister considers to be priorities for particular higher education providers.
Proposals will be sought in one competitive round held every year. Higher education providers will be advised on the outcome of their applications by the end of the year in which they applied. Funding for the grants is available three years after the year the grant is approved.
The CDP Program Guidelines, as they existed under the Higher Education Funding Act 1988, have been revised to ensure that the CDP program continues to meet the capital development needs of the sector.
The CDP Program guidelines set out the program description and the criteria for eligible projects.
Chapter 6 – Grants to assist with the cost of higher education providers’ superannuation liabilities
Item 6 of the table in subsection 41-10(1) of the Act specifies that Table A higher education providers may receive grants to assist with the cost of their superannuation liabilities.
The purpose of Chapter 6 is to establish the Higher Education Superannuation Program as a program for the purposes of subsection 41-15(1) of the Act and to specify the requirements for grants made under the program.
Chapter 6 sets out extra conditions of eligibility, the amount spent on the program, the method by which grants are determined, conditions that apply to grants and freedom of information and privacy provisions.
Chapter 6 has been redrafted to address the concerns raised by the Senate Standing Committee on Regulations and Ordinances. In accordance with the undertaking made to the Committee by the Minister for Education, Science and Training, the replacement Chapter states that the only personal information collected under the program “is” [rather than “relates to”] the contact details of the responsible officers in higher education providers, and removes the sentences which imply that a broader range of personal information is collected.
In all other respects the new Chapter 6 is unchanged from the previous version.
Commencement
These guidelines shall take effect upon registration on the Federal Register of Legislative Instruments.
Consultation
The sector was consulted extensively throughout the development phase of Chapter 3 and Administrative Information for Providers have been prepared for providers. As the information contained in the Legislative Guidelines is known in the sector, further consultation was not thought to be necessary.
The sector was consulted extensively throughout the development of Chapter 5 and Administrative Information for Providers has been prepared for providers.
There was no consultation on the amendments to Chapter 6 because they were amendments required by the Senate Committee on Regulations and Ordinances.