Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous

Administered by Department of Education

Legislation au F2023L01615 Not in force Legislative Instrument

Legislation content

 

 

EXPLANATORY STATEMENT

 

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

Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous

 

Issued by the authority of the Minister for Education

 

Subject: Australian Research Council Act 2001 - Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous

Authority

Section 60 of the Australian Research Council Act 2001 (the Act) provides that the Minister must approve Australian Research Council (ARC) Grant Guidelines. 

Purpose and effect

The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA). These Grant Guidelines relate to schemes funded under the Discovery Program of the National Competitive Grants Program. 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 particular, these rules relate to the Discovery Indigenous scheme.

 

In accordance with subsection 59 (2) of the Act, the Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous contain:

(a) the eligibility criteria to be met in order for a proposal to be approved for financial assistance (including criteria relating to the kinds of organisation that may receive assistance and the kinds of research programme in respect of which assistance may be provided);

(b) how to apply for financial assistance;

(c) the assessment process for deciding which proposals will be recommended for approval;

(d) the ways in which, and circumstances in which, a funding approval may be varied; and

(e) any additional accountability requirements that the ARC thinks desirable.

In accordance with subsection 59 (4) of the Act, the Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous take account of, and are consistent with:

(a) the funding cap for the year, or each of the years, to which the rules apply; and

(b) the funding split determination for the year, or each of the years, to which the rules apply.

 

The Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous was approved by the Minister for Education, the Hon Jason Clare MP on 15 November 2023.

 

Documents incorporated by reference                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

 

The following documents are incorporated by reference:

  • ARC Medical Research Policy available on the ARC website (as at December 2022) previous versions available
  • Conflict of Interest and Confidentiality available on the ARC website (as at December 2023) previous versions available
  • ARC Open Access Policy available on the ARC website (as at June 2023) previous versions available
  • Australian Code for the Responsible Conduct of Research available on the NHMRC website (as at 2018) previous versions available

 

  • ARC Research Integrity Policy available on the ARC website (as at September 2023) previous versions available

 

Commencement

The Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous shall take effect on the day after registration on the Federal Register of Legislation. 

 

The provisions include:

These Grant Guidelines contain information relating to the Discovery Program including: grant amount, eligibility, assessment criteria, application process and delivery or grant activities.

Consultation

The ARC consulted with the Department of Finance and the Department of Prime Minister and Cabinet and they have determined the Grant Guidelines as low risk.

 

Regulatory Impact Statement

These Grant Guidelines include a number of measures that reduce regulatory burden on the higher education sector. This includes coordination with the National Health and Medical Research Council (NHMRC) to produce a timeline that minimises the burden on the sector in relation to preparation and submission of proposals.

 

Statement of compatibility with human rights

Section 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.

The legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights, as it does not raise any human rights issues.

 

Senate Standing Order 23 (4a) – Standing Committee for the Scrutiny of Delegated Legislation

The Discovery Program Grant Guidelines (2023 edition) is exempt from disallowance because it is an instrument containing a set of rules made under section 60 of the Australian Research Council Act 2001 (ARC Act) and, Section 10, Item 7 of the Legislation (exemption and other matters) Regulations 2015, relevantly provides that legislative instruments made under section 60 of the ARC Act are not subject to disallowance.

 

The application of section 10, Item 7 of the Legislation (exemption and other matters) Regulations 2015 to the Guidelines, allowing for exemption from disallowance, is appropriate because the legislative instrument was made in accordance with the enabling Act, the Legislation Act and other applicable Acts and does not contain matter more appropriate for an Act of Parliament.

 

Legislation (exemption and other matters) Regulations 2015

 

Section 10 – Particular legislative instruments that are not subject to disallowance

Item 7 – Legislative Instruments

(a)   A rule made under section 60 of the Australian Research Council Act 2001;

(b)   A variation of a setoff rules made under section 61 of the Act.

 

 

Overview

The Australian Research Council Act 2001, enacted to provide for the establishment and functions of the Australian Research Council (ARC), includes provisions for the development and approval of grant guidelines. The Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous, issued under section 60 of the Act, aim to establish the criteria and processes for awarding grants within the Discovery Program, particularly focusing on Indigenous research initiatives. These guidelines were approved by the Minister for Education, the Hon Jason Clare MP, on 15 November 2023. They encompass eligibility criteria, application procedures, assessment processes, and accountability requirements, ensuring alignment with funding caps and splits. The guidelines are designed to streamline the grant application process, reduce regulatory burden, and facilitate the growth of Australia’s research and innovation capacity, particularly in Indigenous contexts.

Scope and Application

The Australian Research Council Act 2001 sets out the framework for the Australian Research Council (ARC) to administer competitive grant programs, including the Discovery Program, which supports research and innovation in Australia. The Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous, approved by the Minister for Education, provide specific rules for the Indigenous research grants within this program. These guidelines detail eligibility criteria for both the organisations and research programs that can apply for funding, the application process, assessment criteria, and conditions under which funding can be varied or additional accountability requirements can be imposed. The guidelines are tailored to align with the funding caps and split determinations for the relevant years and incorporate other relevant policies such as the Australian Code for the Responsible Conduct of Research. This legislative instrument applies nationally, with its reach extending to all entities eligible to apply for funding under the Indigenous research scheme of the Discovery Program. Notably, these guidelines are exempt from disallowance under the Legislation (exemption and other matters) Regulations 2015, as they are made under section 60 of the ARC Act. The guidelines also state that they are compatible with human rights, as they do not engage any of the applicable rights or freedoms.

Key Provisions

The Discovery Program Grant Guidelines (2023 edition): Discovery Indigenous outline the criteria for eligibility and approval of financial assistance under the Discovery Program of the National Competitive Grants Program, specifically targeting Indigenous research initiatives. These guidelines, which were approved by the Minister for Education on 15 November 2023, are detailed in sections (a) to (e) of the Australian Research Council Act 2001. They specify the eligibility criteria for applicants, including the types of organisations that can apply and the research programmes that can receive funding. Furthermore, the guidelines detail the application process, the assessment criteria for evaluating proposals, and the conditions under which funding approvals may be modified. They also incorporate additional accountability requirements deemed necessary by the Australian Research Council (ARC). In alignment with subsection 59(4) of the Act, these guidelines consider the funding cap and funding split determination for the applicable years. The Discovery Program Grant Guidelines impose several obligations on the entities and parties they govern. Firstly, applicants must meet the specified eligibility criteria, which includes being an eligible organisation and having a research programme that aligns with the objectives of the Discovery Indigenous scheme. Applicants must also adhere to the application process outlined in the guidelines, ensuring all necessary documentation and information are provided. Once a proposal is submitted, it must undergo an assessment based on the criteria established in the guidelines. Additionally, the guidelines impose accountability requirements, such as maintaining records and reporting on the use of funds. The guidelines also incorporate other policies and codes, such as the Australian Code for the Responsible Conduct of Research and the ARC Open Access Policy, which applicants must comply with. Failure to comply with the Discovery Program Grant Guidelines may result in various consequences. While the explanatory statement does not explicitly outline specific offences, penalties, or civil/criminal consequences, non-compliance with the guidelines could potentially lead to the rejection of a funding application or the revocation of an existing grant. Additionally, breaches of the incorporated policies, such as the Australian Code for the Responsible Conduct of Research, could result in further scrutiny or disciplinary action. The specific penalties for non-compliance are not detailed in the explanatory statement, but they would likely be determined based on the severity of the breach and the relevant provisions of the Australian Research Council Act 2001 and other applicable legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.