Education Investment Fund (EIF) Evaluation Criteria No. 1 of 2009

Overview

The Education Investment Fund (EIF) Evaluation Criteria No. 1 of 2009 was enacted to specify the criteria that the EIF Advisory Board must apply when giving advice under paragraphs 171(1)(a) or (b) of the Nation-building Funds Act 2008. This legislation was introduced to address the need for clear and consistent evaluation criteria for projects funded by the EIF, ensuring that funding decisions are made in accordance with national priorities and other relevant principles. The instrument was jointly issued by the Minister for Education and the Minister for Innovation, Industry, Science and Research, as authorised by the Act. The overarching policy objective is to ensure that all projects funded under the Act adhere to principles such as addressing national infrastructure priorities, demonstrating high benefits and effective use of resources, and efficiently addressing infrastructure needs. The evaluation criteria are designed to guide the Advisory Board in making recommendations that align with these principles.

Scope and Application

The Education Investment Fund (EIF) Evaluation Criteria No. 1 of 2009 applies to applications for funding under the EIF as outlined in the Nation-building Funds Act 2008. The Act is a Commonwealth legislative instrument issued by the Education Minister and the Research Minister, who are responsible for administering the Higher Education Support Act 2003 and the Australian Research Council Act 2001 respectively, as per the Administrative Arrangements Order made by the Governor-General on 1 May 2008. The criteria apply to entities seeking funding for projects that align with national infrastructure priorities, with a particular focus on education and research sectors. The geographic reach of these criteria is nationwide, encompassing all eligible projects within Australia. These evaluation criteria do not specify any exclusions or exemptions, but the application of specific criteria may vary depending on the sector nominated by the applicant institution for that project. The application and enforcement of these criteria can be extended or restricted through subordinate instruments, which may provide additional guidance or modifications to the overarching principles and specific criteria.

Key Provisions

The main operative sections of this legislation (subsection 172(1) of the Nation-building Funds Act 2008) empower the Education Minister and the Research Minister to formulate evaluation criteria for the Education Investment Fund (EIF) Advisory Board to apply when giving advice on projects. This legislation specifies seven evaluation criteria that all applications must adhere to, with additional sector-specific requirements where necessary. The overarching principles for all projects include addressing national infrastructure priorities, demonstrating high benefits and effective use of resources, efficiently addressing infrastructure needs, and achieving established standards in implementation and management. The seven evaluation criteria are: the extent to which the project addresses national priorities; alignment of the project and its outcomes with the applicant organisation’s strategic directions and aspirations; projected positive impact on enhancing capacity; whether the project results in improvements consistent with the level of investment; extent of co-investment and collaboration; project quality and readiness; and the capacity of the applicant organisation to support, maintain and integrate new infrastructure into ongoing business operations. The obligations imposed by this Act on the parties it governs include the requirement for all applications to be assessed according to the specified evaluation criteria. The EIF Advisory Board must consider these criteria when providing advice to the Education Minister and the Research Minister. The Act also requires that all projects funded under the Act adhere to the overarching principles of addressing national infrastructure priorities, demonstrating high benefits and effective use of resources, efficiently addressing infrastructure needs, and achieving established standards in implementation and management. Additionally, any specific criteria may vary depending on the sector nominated by the applicant institution for the project, and these criteria must be taken into account during the assessment process. In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly state any specific penalties or consequences for failing to comply with the evaluation criteria or overarching principles. However, non-compliance with the criteria could potentially lead to the rejection of an application or the withdrawal of funding for a project. The legislative instrument is not regulatory in nature and will not impact on business activity and will have no compliance costs or competition impact, as indicated in the Business Cost Calculator section. Therefore, there are no stated maximum penalties for breaches of the criteria within this particular instrument.