EXPLANATORY STATEMENT
Grant Guidelines made under section 59 of the Australian Research Council Act 2001
Grant Guidelines for schemes under the Discovery Program Grant Guidelines -Fellowships (2024 edition)
Issued by the authority of the Minister for Education
Subject: Australian Research Council Act 2001— Discovery Program Grant Guidelines -Fellowships (2024 edition)
Authority
Section 59 of the Australian Research Council Act 2001 (the Act) provides that the Minister must approve Australian Research Council (ARC) Grant Guidelines.
Purpose and effect
These Grant Guidelines relate to the Discovery Program Grant Guidelines (2024 edition): Discovery Fellowships funded under the Discovery Program of the ARC 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 Grant Guidelines relate to the Australian Laureates Fellowships scheme, the Future Fellowships scheme and the Discovery Early Career Research Awards scheme.
In accordance with section 58 of the Act the ARC Board must prepare Grant Guidelines for the Discovery Program Grant Guidelines - Fellowships (2024 edition) to be provided to the Minister under section 59. Grant Guidelines must contain:
(a) 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;
(b) the making of applications by organisations for such an approval;
(c) the assessment process for deciding which applications will receive such an approval;
(d) any other matters that the Board considers appropriate.
Documents incorporated by reference
The following documents are incorporated by reference:
- ARC Medical Research Policy available on the ARC website (as at December 2020)
- ARC Conflict of Interest and Confidentiality Policy available on the ARC website (as at June 2024)
- ARC Open Access Policy available on the ARC website (as at September 2021)
- Australian Code for the Responsible Conduct of Research available on the NHMRC website (as at 2018)
- ARC Research Integrity Policy available on the ARC website (as at September 2023)
- Australian Indigenous Data Sovereignty Principles available on the Maiam Nayri Wingara website (as at 2018)
- AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research available on the AITSIS website (as at 2020)
- NHMRC’s guidelines on Ethical conduct in research with Aboriginal and Torres Strait Islander Peoples and communities available on the NHMRC website (as at 2018).
Commencement
The Discovery Program Grant Guidelines -Fellowships (2024 edition) shall take effect on the day after registration on the Federal Register of Legislation.
The provisions
These Guidelines contain information relating to the Discovery Program Grant Guidelines -Fellowships (2024 edition) 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 medium 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.
Overview
The Australian Research Council Act 2001, enacted to support the growth of Australia’s research and innovation capacity, introduces Grant Guidelines under section 59, approved by the Minister for Education. These guidelines pertain to the Discovery Program, specifically Discovery Fellowships, which fund Australian Laureates Fellowships, Future Fellowships, and Discovery Early Career Research Awards. The primary objective of these guidelines is to facilitate the application, assessment, and approval process for grants, ensuring that organisations meet eligibility criteria and adhere to the necessary policies and ethical standards. The guidelines encompass the grant amount, eligibility requirements, assessment criteria, application procedures, and the delivery of grant activities, aiming to reduce regulatory burden and streamline the research funding process.
The Grant Guidelines, incorporating relevant policies and codes such as the Australian Code for the Responsible Conduct of Research and the NHMRC’s guidelines on Ethical conduct in research with Aboriginal and Torres Strait Islander Peoples, ensure that research activities are conducted with integrity and respect for human rights. Developed through consultation with key government departments, these guidelines are considered medium risk and include measures to minimise the administrative burden on the higher education sector, aligning with the overarching goal of fostering innovation and new knowledge generation in Australia.
Scope and Application
The Australian Research Council Act 2001 applies to organisations and individuals seeking financial assistance through the Discovery Program Grant Guidelines for Fellowships, which encompasses the Australian Laureates Fellowships scheme, the Future Fellowships scheme, and the Discovery Early Career Research Awards scheme. These guidelines govern the eligibility criteria for applicants, the process for application and assessment, and other relevant matters deemed appropriate by the ARC Board. The legislation has a national reach, affecting entities and individuals across Australia, as it is designed to support the growth of Australia’s research and innovation capacity. The guidelines are inclusive but may include exclusions based on specific eligibility criteria outlined within the document. The application of these guidelines may be extended or restricted through subordinate instruments, ensuring that the administrative processes align with broader national objectives and regulatory standards.
Key Provisions
The Australian Research Council Act 2001 sets out the framework for the administration of grants, including the Discovery Program which supports research and innovation in Australia. Section 58 of the Act mandates that the ARC Board prepare Grant Guidelines for fellowships, including the Australian Laureates Fellowships, Future Fellowships, and Discovery Early Career Research Awards. These guidelines, as approved by the Minister under section 59, specify eligibility criteria, application processes, assessment criteria, and other relevant matters (Section 58(a)-(d)). The Guidelines also incorporate several policies and codes by reference, such as the ARC Medical Research Policy, ARC Conflict of Interest and Confidentiality Policy, and the Australian Code for the Responsible Conduct of Research.
The Grant Guidelines impose several obligations on applicants and organisations. Organisations must ensure that their applications meet the eligibility criteria and that they comply with all relevant policies and codes incorporated by reference. This includes adhering to the Australian Indigenous Data Sovereignty Principles and the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research when dealing with Indigenous data and research. Organisations are also required to follow the ARC's Open Access Policy and Research Integrity Policy, ensuring that research is conducted ethically and with integrity. The guidelines specify the information that must be included in applications, such as the research plan, budget, and expected outcomes.
Failure to comply with the Grant Guidelines may lead to the rejection of an application or the withdrawal of a grant. Section 59 of the Act provides that the Minister may refuse to approve a grant if the guidelines are not followed. Additionally, breaches of the incorporated policies, such as conflicts of interest or research misconduct, can lead to serious consequences, including the revocation of grants and legal action. The maximum penalties for non-compliance with these guidelines are not explicitly stated in the Grant Guidelines but are likely to be severe, given the importance of maintaining the integrity of the research funding process.
The Grant Guidelines also outline the assessment process for determining which applications will receive approval. The ARC evaluates applications based on criteria such as the quality and significance of the research, the researcher's track record, and the potential impact of the research on Australia’s research and innovation capacity. The guidelines ensure that the assessment process is fair, transparent, and consistent, with clear criteria for evaluating applications. Any changes to the assessment process or criteria must be approved by the Minister, ensuring that the process remains robust and effective.