EXPLANATORY STATEMENT

Varied Grant Opportunity Guidelines made under section 60 of the Australian Research Council Act 2001

Discovery Program: Discovery Indigenous Grant Opportunity Guidelines (2026 edition)

Issued by the authority of the Minister for Education

Subject: Australian Research Council Act 2001—Discovery Program: Discovery Indigenous Grant Opportunity Guidelines (2026 edition) (“Varied Discovery Indigenous Grant Opportunity Guidelines”)

Authority

The Minister approved the Australian Research Council Act 2001—Discovery Program Grant Guidelines (2024 edition – Variation 1): Discovery Indigenous (“Original Discovery Indigenous Grant Guidelines”) on 19 August 2025, under section 59 of the Australian Research Council Act 2001 (ARC Act).

Section 60 of the ARC Act provides that the Minister must approve variations of Australian Research Council (ARC) Grant Guidelines.

Purpose and effect

These Varied Grant Opportunity Guidelines relate to the Discovery Indigenous scheme funded under the Discovery Program of the ARC National Competitive Grants Program, for applications made after the date of the Minister’s approval. The Discovery Program supports the growth of Australia’s research and innovation capacity, which generates new knowledge resulting in the development of new technologies, products and ideas, the creation of jobs, economic growth and an enhanced quality of life in Australia.

In accordance with section 58 of the ARC Act, the ARC Board must prepare Grant Guidelines for a grants program, to be provided to the Minister under section 59 of the ARC Act. Grant Guidelines must contain:

1.           the eligibility criteria to be met in order for the Board or the Minister to approve the making of grants of financial assistance to organisations under this Division;
2.           the making of applications by organisations for such an approval;
3.            the assessment process for deciding which applications will receive such an approval;
4.           any other matters that the Board considers appropriate.

The Original Discovery Indigenous Grant Guidelines approved by the Minister on 19 August 2025 complied with section 58.

The Varied Discovery Indigenous Grant Opportunity Guidelines:

• clarify the flowchart on page 3 to improve readability, without introducing new substantive provisions.
• have been restructured and minor grammatical amendments to align with the Department of Finance “Open competitive” template. Additional provisions, consistent with the template, have also been included.
• establishing a new requirement that all Chief Investigators must be an Aboriginal and/or Torres Strait Islander researcher (this requirement previously only applied to the Project Leader).
• Clarifying the 3-part 'working criteria' for proof of Aboriginality through clear source identification and hyperlinks throughout the Guidelines
• consistent with section 47 of the ARC Act, add clause 4.29 to require compliance with any Ministerial notice issued on security, defence or international relations grounds, rendering affected applications ineligible.
• in support of section 47 of the ARC Act, and in line with strengthened statutory responsibilities, updates have been made throughout the guidelines to reinforce institutional obligations relating to due diligence, research security and research integrity.
• reflect the establishment of Adelaide University by removing the University of Adelaide and the University of South Australia as Eligible Organisations at Appendix B.
• remove the bridging clause that allowed grant funding to be awarded to Adelaide University for applications submitted via the University of Adelaide and the University of South Australia prior to the establishment of Adelaide University.
• clarify peer review requirements in clause 10.10 and 10.11 to advise applicants that, on acceptance of a grant agreement, they are obligated to contribute to the ARC peer review system, supporting program integrity.
• reinforce Indigenous Sovereignty Principles in clause 12.11, supported by hyperlinks to the AIATSIS Code and a supporting definition.
• correct reference to the Maiam nayri Wingara Indigenous Data Sovereignty Principles (2018).
• strengthen clause 12.13 to require that all Chief Investigators hold a persistent digital identifier in their RMS profile, supporting the use of unique identifiers to reliably link researchers to their research outputs and improve data quality and integrity.
• update privacy provisions to clarify obligations under the Privacy Act 1988 and the Australian Privacy Principles, including requirements for consent, disclosure and handling of personal information.
• update references throughout to reflect the ARC Board as the accountable authority for the Discovery Indigenous scheme.
• correct document version titles to be consistent throughout.
• update instances of ‘clause’ and ‘section’ for consistency
• replace ‘Client Agency’ terminology with current term ‘ARC Policy Partner’
• strengthen the Glossary definition of a Partner Investigator by incorporating references and text that appeared elsewhere in the Guidelines
• correct the hyperlink to the Medical Research Policy on the ARC website.

Documents incorporated by reference

The following documents are incorporated by reference in the Varied Discovery Indigenous Grant Opportunity Guidelines:

• ARC Medical Research Policy available for free on the ARC website (as at July 2025)
• ARC Conflict of Interest and Confidentiality Policy available for free on the ARC website (as at July 2025)
• ARC Open Access Policy available for free on the ARC website (as at September 2021)
• Australian Code for the Responsible Conduct of Research available for free on the NHMRC website (as at 2018)
• ARC Research Integrity Policy available for free on the ARC website (as at September 2023)
• ARC Countering Foreign Interference Framework available for free on the ARC website (as at December 2023)
• Australian Indigenous Data Sovereignty Principles available for free on the Maiam Nayri Wingara website (as at 2018)
• Proof of Aboriginality available for free on the AIATSIS website (as at May 2022)
• AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research available for free on the AIATSIS website (as at 2020)
• NHMRC’s guidelines on Ethical conduct in research with Aboriginal and Torres Strait Islander Peoples and communities available for free on the NHMRC website (as at 2018).
• National Statement on Ethical Conduct in Human Research 2023 available for free on the NHMRC website (as at 2023).
• Australian Qualifications Framework (second edition) available for free on the aqf.edu.au website (as at January 2013)

Commencement

The Discovery Program: Discovery Indigenous Grant Opportunity Guidelines (2026 edition) will take effect on the day after registration on the Federal Register of Legislation.

The provisions

The Original Discovery Indigenous Grant Guidelines include the information needed by applicants to apply for, and the ARC to decide and award, grants for the Discovery Indigenous scheme. This includes grant amount, eligibility, and assessment criteria. The Varied Discovery Indigenous Grant Opportunity Guidelines change eligibility for Chief Investigators and increase the maximum grant amount but do not alter the policy intent, eligibility settings, or overall risk profile of the scheme.

Consultation

Consultation for the Discovery Indigenous Grant Guidelines (2024 edition) was undertaken to support streamlining and improve the clarity, usability, and effectiveness of the guidelines. It aimed to reduce administrative burden, ensure legislative compliance, and align with broader policy expectations. The ARC engaged with a wide range of stakeholders including universities, researchers, government agencies, assessors, and First Nations representatives. These consultations were conducted through surveys, workshops, webinars, and direct communications, and informed updates to eligibility criteria, assessment processes, and post-award requirements as part of a broader reform effort.

As required under section 17 of the Legislation Act 2003, the ARC consulted with experts and individuals likely to be affected by the legislative instrument and considered their feedback in finalising the Original Discovery Indigenous Grant Guidelines. The revised guidelines were well-received by the sector.

The ARC obtained approval for the Original Discovery Indigenous Grant Guidelines from the Department of Finance and the Minister for Finance, in accordance with the Commonwealth Grants Rules and Principles (CGRGs) process for releasing new grant opportunity guidelines.

In preparing the Varied Discovery Indigenous Grant Opportunity Guidelines, the ARC consulted with:

• the ARC Indigenous Forum appointed by the Minister for Education under section 30 of the ARC Act.
• the University of Adelaide, the University of South Australia and Adelaide University to ensure a smooth transition for Adelaide University to be recognised as an Eligible Organisation under the ARC’s Guidelines.
• Australian Government agencies with responsibilities for Australia’s security, defence and international relations, to support the development of ARC research security processes in alignment with legislative requirements introduced by amendments to the ARC Act. Universities have been made aware of changes to ARC research security processes through existing grant administration arrangements. The ARC has communicated the due diligence requirements to the research sector through targeted communiqués and updates to the Grant Guidelines and supporting guidance.

In accordance with the process agencies must follow when seeking agreement to release revised grant opportunity guidelines, the Department of Finance advised that there are no issues with the policy authority or funding profile of the Varied Discovery Indigenous Grant Opportunity Guidelines, no further mitigations were required from a CGRP perspective, and that a low risk rating applies.  

The ARC has undertaken targeted stakeholder engagement (outlined above) on the key changes in developing the Varied Discovery Indigenous Grant Opportunity Guidelines. The ARC will undertake sector‑wide communications prior to the opening of the Discovery Indigenous scheme to ensure that changes to eligibility requirements are clearly understood so that eligible researchers are well positioned to take full advantage of the opportunity. These communications will explain that the changes are intended to strengthen support for Indigenous researchers and leadership across all disciplines and build the Indigenous research workforce.

Regulatory Impact Statement

The Discovery Indigenous Grant Opportunity Guidelines only imposes regulation on higher education sector applicants for grants under the Discovery Indigenous scheme, in relation to preparation and submission of proposals.

The Varied Discovery Indigenous Grant Opportunity Guidelines narrow eligibility for Chief Investigator roles and clarify the steps required to demonstrate eligibility. They also clarify, and in some cases slightly strengthen, several obligations as described at “Purpose and effect” above, to better meet the aims of the Discovery Indigenous scheme. Whilst these changes slightly increase burden on applicants, the extra clarity on how to meet obligations reduces administrative burden on applicants.

Statement of compatibility with human rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Discovery Program: Discovery Indigenous Grant Opportunity Guidelines (2026 edition)

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Discovery Indigenous scheme supports the right to education for Aboriginal and/or Torres Strait Islander researchers, as detailed below. The research projects funded under the Discovery Indigenous scheme may also support development of knowledge in relation to other listed human rights and freedoms.

Overview of the Disallowable Legislative Instrument

This Disallowable Legislative Instrument sets out the Varied Discovery Indigenous Grant Opportunity Guidelines for the Discovery Indigenous scheme funded under the Discovery Program of the ARC National Competitive Grants Program, for applications made after the date of the Minister’s approval.

The Discovery Program supports the growth of Australia’s research and innovation capacity, which generates new knowledge resulting in the development of new technologies, products and ideas, the creation of jobs, economic growth and an enhanced quality of life in Australia.

The Discovery Indigenous scheme provides grant funding to support research projects conducted by Aboriginal and/or Torres Strait Islander researchers, including additional support for Discovery Australian Aboriginal and Torres Strait Islander Awards (DAATSIAs) which are fellowships available to eligible Aboriginal and/or Torres Strait Islander researchers.

The Discovery Indigenous scheme objectives are to:

• support the retention of excellent Aboriginal and/or Torres Strait Islander researchers in higher education institutions to expand research capacity in Australia;
• support excellent pure basic, strategic basic and applied research and research training, across all disciplines excluding clinical and other medical research, by Aboriginal and/or Torres Strait Islander researchers as individuals and as teams;
• enhance the scale and focus of research in Australian Government priority areas and create economic, commercial, environmental, social and/or cultural benefits for Australia; and
• support national and international research collaboration.

Human rights implications

This Disallowable Legislative Instrument supports the right to education for Aboriginal and/or Torres Strait Islander researchers. It does not otherwise directly engage any of the applicable rights or freedoms, but the research projects funded under the Discovery Indigenous scheme may also support development of knowledge in relation to other listed human rights and freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.