Education Investment Fund (EIF) Evaluation Criteria No. 1 of 2011

Administered by Department of Finance

Legislation au F2011L01943 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations and the Minister for Innovation, Industry, Science and Research

 

Education Investment Fund (EIF) Evaluation Criteria No. 1 of 2011

 

Authority

 

Subsection 172(1) of the Nation-building Funds Act (the Act) provides that the EIF designated Ministers may, by legislative instrument, formulate criteria (EIF Evaluation Criteria, as defined by section 4 of the Act) to be applied by the EIF Advisory Board in giving advice under paragraph 171(1)(a) or (b) of the Act. 

 

Section 4 of the Act defines the EIF designated Ministers to mean the Education Minister and the Research Minister.  Section 4 of the Act defines Education Minister as the Minister who administers Part 2-2 of the Higher Education Support Act 2003 and Research Minister as the Minister who administers the Australian Research Council Act 2001.

 

This instrument has been issued jointly by the Education Minister and the Research Minister because the definition of EIF evaluation criteria in section 4 of the Act requires that the EIF designated Ministers to formulate these criteria.

 

 

Purpose

 

Pursuant to subsection 172(1) of the Act, the purpose of this Instrument is to:

 

  1. revoke the Education Investment Fund (EIF) Evaluation Criteria No. 2 of 2009, made on 31 July 2009 (the Former Instrument); and
  2. formulate new EIF evaluation criteria. to be applied by the EIF Advisory Board in giving advice under paragraph 171(1)(a) or (b).

 

 

Background

 

The EIF Advisory Board must apply the EIF evaluation criteria when carrying out its functions under paragraphs 171(1)(a) or (b) of the Act. 

 

The EIF Evaluation Criteria formulated by this Instrument are substantially similar to the previous EIF evaluation criteria under the Former Instrument.

 

This instrument amends the EIF Evaluation Criteria to reflect changes in national priorities to support teaching and learning infrastructure for students in regional, rural or remote areas and/or regional cities of Australia.  Criterion 1 has been amended to insert the words ‘and vocational education and training’ and delete the words ‘research’ and ‘and/or sustainability’. 

 

The Instrument also provides for transitional and savings arrangements.  The purpose of these arrangements is to ensure that:

 

  • the revocation of the Former Instrument does not affect the validity of a decision made under that instrument;
  • a decision made under the Former Instrument is taken to continue to have effect as if it were made under this Instrument;
  • the evaluation criteria specified in the Former Instrument continues to apply to any matter that has been referred to the EIF Advisory Board pursuant to paragraph 171(1)(a) or (b) before the date of this Instrument and any matter which may be referred to the EIF Advisory Board under EIF application processes which have commenced prior to the date of this Instrument.

 

Explanation of provisions

 

Projects will be assessed according to nine evaluation criteria. These criteria are:

 

  1. Extent to which the project will address national higher education and vocational education and training (VET) infrastructure priorities
  2. Extent to which the project is clearly aligned with the organisation’s priorities and strategic directions
  3. Extent to which there will be a positive impact on enhancing capacity
  4. Extent to which the project will result in improvements consistent with the level of investment
  5. Project determination
  6. Extent of collaboration
  7. Extent of co-investment
  8. Project readiness
  9. Capacity of the organisation to support, maintain and integrate new infrastructure into ongoing business operations

 

Elements of specific criteria may vary depending on the sector nominated by the applicant institution for that project.

 

 

Consultation

 

The EIF Advisory Board, the Department of Education, Employment and Workplace Relations (DEEWR) and the Department of Innovation, Industry, Science and Research (DIISR) have conducted stakeholder consultation on draft guidelines for the EIF Regional Priorities Round by inviting stakeholders to provide comments on draft guidelines, which included the EIF Evaluation Criteria.

 

 

Commencement

 

This Instrument takes effect on the day after the day on which it is registered on the

Federal Register of Legislative Instruments.

 

 


Business Cost Calculator

 

This instrument does not require a Regulatory Impact Statement (RIS) or a Business Cost Calculator Figure.  The instrument is not regulatory in nature and will not impact on business activity and will have no compliance costs or competition impact. 

Overview

The Education Investment Fund (EIF) Evaluation Criteria No. 1 of 2011 was enacted under the authority of the Ministers for Tertiary Education, Skills, Jobs and Workplace Relations and Innovation, Industry, Science and Research, pursuant to subsection 172(1) of the Nation-building Funds Act. This legislation was introduced to address a need for updated evaluation criteria for projects under the EIF, specifically to align with national priorities that support teaching and learning infrastructure for students in regional, rural, or remote areas and regional cities of Australia. This update replaced the Education Investment Fund (EIF) Evaluation Criteria No. 2 of 2009, ensuring that the criteria remain relevant and effective in guiding the EIF Advisory Board in its advisory functions. The revised criteria emphasise national higher education and vocational education and training infrastructure priorities and include provisions for transitional arrangements to ensure continuity in decision-making processes.

Scope and Application

The Education Investment Fund (EIF) Evaluation Criteria No. 1 of 2011, formulated under the authority of the Ministers for Tertiary Education, Skills, Jobs and Workplace Relations, and Innovation, Industry, Science and Research, applies to projects seeking funding under the EIF, focusing particularly on projects that address national higher education and vocational education and training infrastructure priorities, especially for students in regional, rural, or remote areas and regional cities of Australia. This legislative instrument, made pursuant to subsection 172(1) of the Nation-building Funds Act, revokes the previous EIF Evaluation Criteria No. 2 of 2009 and establishes new criteria to be applied by the EIF Advisory Board when providing advice on funding decisions. The criteria are designed to assess projects based on their alignment with national priorities, their strategic fit with the applicant organisation, potential positive impacts on capacity, and the overall readiness and capability of the organisation to support, maintain, and integrate new infrastructure. This Act has a national reach within Australia, impacting educational institutions and entities involved in higher education and vocational training. The criteria are subject to amendments through subordinate instruments, ensuring they remain relevant to evolving national priorities.

Key Provisions

The Education Investment Fund (EIF) Evaluation Criteria No. 1 of 2011 provides a framework for assessing projects to be funded under the EIF. According to section 4 of the Nation-building Funds Act, these criteria are formulated by the EIF designated Ministers, namely the Education Minister and the Research Minister. The primary purpose of this instrument is to replace the previous EIF Evaluation Criteria No. 2 of 2009 with new criteria that reflect updated national priorities, specifically focusing on teaching and learning infrastructure for students in regional, rural or remote areas and regional cities of Australia. This revision involves amending Criterion 1 to include 'vocational education and training' and removing 'research' and 'and/or sustainability'. The instrument also includes transitional provisions to ensure continuity of decisions made under the former criteria. The EIF Evaluation Criteria impose specific obligations on the EIF Advisory Board, which must apply these criteria when evaluating projects for funding. The nine criteria include assessing the alignment of projects with national priorities, the extent of collaboration, and the capacity of the organisation to support and integrate new infrastructure. These criteria guide the Advisory Board in providing advice to the EIF designated Ministers, ensuring that projects are evaluated comprehensively and aligned with national educational goals. Breaches of the provisions outlined in this instrument could lead to various consequences, although the explanatory statement does not detail specific offences or penalties. However, as this instrument is not regulatory and does not impact business activity, compliance costs, or competition, it is less likely to have direct penal implications. Instead, its primary focus is on ensuring that the EIF Advisory Board applies consistent and updated criteria in its evaluations to support the intended national priorities effectively.

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Area of Law
Education Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Transitional Provisions
Consultation Requirements

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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.