EXPLANATORY STATEMENT
Guidelines issued under section 238-10 of the Higher Education Support Act 2003
Commonwealth Scholarships Guidelines (Research) 2008
Issued by the authority of the Minister for Innovation, Industry, Science and Research
Subject: Higher Education Support Act 2003
Commonwealth Scholarships Guidelines (Research) 2008
Authority
Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may, by legislative instrument, make guidelines providing for matters required or permitted by the Act or necessary or convenient to be provided in order to carry out or give effect to the Act. Part 2-4 of the Act provides that the Guidelines for Commonwealth Scholarships (referred to as the “Commonwealth Scholarships Guidelines”) may provide for Commonwealth Scholarships.
The purpose of the Commonwealth Scholarships Guidelines is to provide for the classes of Commonwealth Scholarships described under section 46-10 of the Higher Education Support Act 2003. These include Commonwealth Scholarships, Australian Postgraduate Awards, Endeavour International Postgraduate Research Scholarships, and Indigenous Staff Scholarships
Grants are made for these Commonwealth Scholarships to eligible higher education providers which allocate the scholarships to students.
Purpose and operation
The purpose of this instrument is to revoke the Commonwealth Scholarships Guidelines (05/09/2005) (see F2005L02715) and all subsequent amendments and to make the Commonwealth Scholarships Guidelines (Research) 2008 and Commonwealth Scholarships Guidelines (Education) 2008.
The Commonwealth Scholarships Guidelines (Research) 2008 sets out the purpose and programs under which grants may be made for postgraduate research scholarships under subsection 46-10(b), Part 2-3 of the Act. These include the Australian Postgraduate Awards and the International Postgraduate Research Scholarships.
General
The Administrative Arrangements Order (AAO) of 25 January 2008 revoked all administrative arrangements previously ordered and ordered that parts of the Act relating to research matters became under the administration of the Minister for Innovation, Industry, Science and Research. Formerly, research matters under the Act were dealt with by the Minister for Education, Employment and Workplace Relations. Matters relating to grants for the purposes of postgraduate research scholarships as described in subsection 46-10(b) are dealt with in the Commonwealth Scholarships Guidelines (Research) 2008. Other matters under subsection 46-10 of the Act are dealt with in the Commonwealth Scholarships Guidelines (Education) 2008.
As part of the revocation of the Commonwealth Scholarships Guidelines (05/09/2005) and all subsequent amendments, minor updates have been made to the guidelines that are of a machinery nature which do not substantially alter existing arrangements for the higher education sector. These updates are included in the Commonwealth Scholarships Guidelines (Research) 2008.
The section in the Commonwealth Scholarships Guidelines (05/09/2005), “PARTICULAR PROVISIONS RELATING TO 2006 ENDEAVOUR INTERNATIONAL POSTGRADUATE RESEARCH SCHOLARSHIPS” has been removed and replaced by the agreed Reimbursement Schedule at 3.5.5(10). This clarifies the calculation process International Postgraduate Research Scholarships new year grant amounts.
References to “programme” have been changed to “program” and references to “the Department of Education, Science and Training” have been changed to “the Department of Innovation, Industry, Science and Research” to ensure consistency throughout the Commonwealth Scholarships Guidelines (Research) 2008.
Detail of the Commonwealth Scholarships Guidelines (Research) 2008
Chapter 1 – Introduction
Chapter 1 sets out the definitions of a number of terms that are used in the Guidelines
Chapter 2 - Australian Postgraduate Awards
Chapter 2 specifies the Australian Postgraduate Award (AUSTRALIAN POSTGRADUATE AWARDS) program as a program to provide scholarships to students of exceptional research potential undertaking a Higher Degree by Research (HDR) to assist with general living costs. Australian Postgraduate Awards are postgraduate research scholarships, in accordance with paragraph 46-10(b) of the Act.
Chapter 2 sets out the provisions dealing with Australian Postgraduate Awards ( including the total grant amount for Australian Postgraduate Awards in the calendar year) the method by which grant amounts are to be determined, student eligibility requirements, application and selection processes, payments to students, and conditions applying to scholarships.
Providers are responsible for the application and offer processes and maintain an Australian Postgraduate Awards selection policy which is publicly available and which accords with these Guidelines and the fairness requirements in Subdivision 19-D of Part 2-1 of the Act.
In 2009, the value of a full-time Australian Postgraduate Award stipend will be $20,427 per year. Students may also be eligible for the relocation and thesis allowances in addition to the annual stipend. The duration of a full-time Australian Postgraduate Award is three years for Research Doctoral studies and two years for Research Masters studies. The duration of an Australian Postgraduate Award may be extended in exceptional circumstances for a maximum of six months.
2.5.1 sets out the amount available for Australian Postgraduate Awards for the calendar year as being the amount appropriated in for that purpose. This has been done to remove the need to revoke and remake this chapter of the guidelines each year to accommodate funding amount changes other than those due to indexation.
2.5.5 sets out the procedures for determining Australian Postgraduate Award grant amounts to be paid to eligible providers. Eligible higher education providers are Table A providers listed in subsection 16-15(1) of the Act and Table B providers listed in subsection 16-20(1) of the Act. Grant amounts are determined by a formula that allocates funding to support a number of new Australian Postgraduate Awards each year (allocated to providers according to their relative research performance) and funding for a proportion of Australian Postgraduate Awards allocated to providers in the previous three years.
2.10.1 sets out the basic student eligibility requirements for an Australian Postgraduate Awards scholarship.
To be eligible for an Australian Postgraduate Award a student must:
- have completed a Bachelor Degree with First Class Honours, or be regarded by the provider as having an equivalent level of attainment; and
- be undertaking a HDR; and
- be enrolled as a full-time student, unless the provider has approved a part-time Australian Postgraduate Award for the student under paragraph 2.10.10 of the Guidelines; and
- be a domestic student, as defined in the Act; and
- if undertaking
- a Research Masters, not hold a Research Doctorate or a Research Masters degree or an equivalent research qualification; or
- if undertaking a Research Doctorate, not hold a Research Doctorate degree or an equivalent research qualification; and
- must not previously have held a Commonwealth-funded postgraduate research scholarship (excluding an Endeavour International Postgraduate Research Scholarship or its predecessor, International Postgraduate Research Scholarship), unless it was terminated within six months of the scholarship’s payments commencing; and
- must not be receiving an equivalent award, scholarship or salary providing a benefit greater than 75% of the Australian Postgraduate Award stipend rate to undertake the HDR. Income earned from sources unrelated to the course of study is not subject to the 75% rule.
2.10.5 sets out the method by which a higher education provider can determine a level of attainment equivalent to a Bachelor Degree with First Class Honours, in accordance with paragraph 2.10.1 of the guidelines.
2.10.10 allows a provider to approve an Australian Postgraduate Award to a part-time student in exceptional circumstances or where a student is undertaking Commercialisation Training Scheme (CTS) training concurrently with a higher degree by research.
2.15 sets out HEPs responsibilities for application, selection and offer processes in relating to Australian Postgraduate Award students, and must make information about the processes, policies and conditions readily and publicly available.
2.15.1 sets out the application process for HEPs to select students to receive Australian Postgraduate Award scholarships;
2.15.5 states eligible higher education providers must maintain an Australian Postgraduate Awards selection police consistent with the Commonwealth Scholarships Guidelines and the fairness requirements in subdivision 19-D of Part 2-1 of the Act.
2.15.10 sets out the process that a HEP must follow when offering an Australian Postgraduate Awards scholarship to a student.
2.20 sets out the requirements on higher education providers for the use of Australian Postgraduate Awards grant amounts.
- A provider must spend Australian Postgraduate Awards grant amounts only on the making of Australian Postgraduate Awards payments to students awarded an Australian Postgraduate Award who are undertaking their HDR with the provider.
- Each year, a provider must pay each student the full value of their Australian Postgraduate Award stipend unless that student has commenced late or suspended their Australian Postgraduate Award or the Australian Postgraduate Award has been terminated. Where a student is not enrolled over the full period of the year, because of a late commencement or periods of suspension, the provider must pay at least the proportion of the annual stipend for the period in which study is undertaken for that year.
- A provider must make fortnightly payments to students in respect of their annual stipend. Payments must be made directly to students.
2.20.1 states the Commonwealth will advise higher education providers of the yearly full-time and part-time Australian Postgraduate Award stipend rates by 1 October of the preceding year. The full-time Australian Postgraduate Award stipend rate for any particular year may be the same as that for the proceeding year, indexed in accordance with the method set out in Part 5-6 of the Act, or it may be a different amount as determined by the Minister.
2.20.5 allows students to make a claim to the provider for a relocation allowance in addition to the annual stipend for the cost of relocating themselves, their spouse and dependants to a new place of residence where this is necessary to enable the student to undertake the HDR. A provider must maintain and apply its relocation allowance policy. A claim for relocation allowance is assessed against a provider’s relocation allowance policy.
2.20.10 allows students to make a claim to the provider be eligible an allowance in addition to the annual stipend for the cost of producing a Masters thesis or Doctorate thesis. A provider must maintain and apply its thesis allowance policy. A claim for thesis allowance is assessed against a provider’s thesis allowance policy.
2.20.15 sets out the duration of a full time Australian Postgraduate Awards.
- The duration of a full-time Australian Postgraduate Award is three years for a student undertaking Research Doctorate studies, and two years for a student undertaking Research Masters studies. The duration of a part-time Australian Postgraduate Award is six years for Research Doctorate studies and four years for Research Masters studies.
- The duration of an Australian Postgraduate Award will be reduced by any periods of study undertaken:
- towards the degree prior to the commencement of the Australian Postgraduate Award; or
- towards the degree during suspension of the Australian Postgraduate Award (unless the study was undertaken as part of an Commonwealth Government financially supported international postgraduate research scholarship or award); or
- previously while receiving an Australian Postgraduate Coursework Award.
- The duration of an Australian Postgraduate Award will be increased by any periods of paid leave approved by the provider.
- A provider may also approve an extension to the duration of an Australian Postgraduate Award for a Research Doctorate student of up to six months provided the student is making satisfactory progress and the grounds for the extension relate to the study and are beyond the control of the student. A provider must not approve an extension to the duration of an Australian Postgraduate Award for a Research Masters student.
- If a part-time Australian Postgraduate Award is converted to a full-time Australian Postgraduate Award then the period of time that the student is regarded as having been in receipt of the part-time Australian Postgraduate Award immediately prior to the conversion will be halved for the purpose of determining the duration the student is regarded as having been in receipt of a full-time Australian Postgraduate Award immediately after conversion.
- If a full-time Australian Postgraduate Award is converted to a part-time Australian Postgraduate Awards then the period of time that the student is regarded as having been in receipt of the full-time Australian Postgraduate Award immediately prior to the conversion will be doubled for the purpose of determining the duration the student is regarded as having been in receipt of a part-time AUSTRALIAN POSTGRADUATE AWARDS immediately after conversion.
2.25 sets out the conditions that apply to students in receipt of Australian Postgraduate Awards scholarships
2.25.1 sets out the HEPs obligation to monitor a students ongoing eligibility to receive an Australian Postgraduate Awards scholarship.
2.25.5 allows students to apply to their HEP for a suspension of their Australian Postgraduate Award. Any period of suspension is at the discretion of the HEP.
2.25.10 allows Australian Postgraduate Awards students to transfer to another HEP. Students may be able to continue to receive an Australian Postgraduate Award from the new HEP if their new HEP agrees to its continuation and subject to the new HEP having sufficient Australian Postgraduate Awards grant amounts of its own available.
2.25.15 allows for student to convert their research masters degree to a research doctorate degree or convert their research doctorate to a research masters degree and continue to receive their Australian Postgraduate Award. The maximum duration for the new Australian Postgraduate Award becomes that for the new research degree minus periods of study undertaken towards the related degree prior to the conversion.
2.25.20 sets out the leave entitlements fo Australian Postgraduate Awards students including, recreation leave, sick leave, maternity leave and parenting leave.
2.25.25 allow students to undertake work outside of their higher degree by research subject to the approval of their provider. A provider may not approve a student undertaking work unless it is satisfied the work will not interfere with the student’s study for their HDR.
2.25.30 sets out the circumstances under which a provider must terminate an Australian Postgraduate Award. If an Australian Postgraduate Award is terminated, it can not be re-activated unless the termination occurred in error.
2.25.35 sets out obligations on higher education providers in relation to students providing false or misleading information in relation to their Australian Postgraduate Award.
2.30 sets out miscellaneous provision relating to Australian Postgraduate Awards.
2.30.1 sets out the obligations on higher education providers regarding the provision of supervision and facilities for higher degree by research students in receipt of Australian Postgraduate Awards.
Chapter 3 - International Postgraduate Research Scholarships
Chapter 3 sets out the provisions dealing with the International Postgraduate Research Scholarships, including the total grant amount available for the calendar year, the method by which grant amounts are determined, student eligibility requirements, application and selection processes, use of the grant amounts by higher education providers, and conditions applying to scholarships.
Eligible providers receive a grant for International Postgraduate Research Scholarships each year based on a formula which takes into account data on their research performance in the two most recent years for which data are available.
Providers are responsible for the application and offer processes and must maintain an International Postgraduate Research Scholarships selection policy which is publicly available and which accords with these Guidelines and the fairness requirements in Subdivision 19-D of Part 2-1 of the Act.
International Postgraduate Research Scholarships provide the cost of tuition fees and required Overseas Health Cover premiums. The duration of an Endeavour International Postgraduate Research Scholarship is generally three years for Research Doctoral studies and two years for Research Masters studies.
Providers must ensure that adequate facilities and appropriate supervision are available for each student to undertake their proposed research programme and establish, make publicly available, and abide by, a code of supervisory practice for students undertaking higher degrees by research.
3.1 sets out the objectives of the International Postgraduate Research Scholarships program.
3.1.1 describes the International Postgraduate Research Scholarships aim to maintain and develop international research linkages and specifically aim to attract top quality international postgraduate students to areas of research strength in the Australian higher education sector and support Australia’s research effort.
3.1.5 describe International Postgraduate Research Scholarships as postgraduate research scholarships, in accordance with paragraph 46-10(b) of the Act.
3.5.1 sets out the amount available for International Postgraduate Research Scholarship for the calendar year as being the amount made available to DIISR for that purpose. This has been amended from previous years where the total grant amount available was published in the guidelines from year to year. This amendment removes the need to revoke and remake this chapter of the guidelines each year to accommodate funding amount changes other than those due to indexation.
3.5.5 sets out the process for determining grant amounts for International Postgraduate Research Scholarships, including the formula to allocate the notional number of awards, which is weighted to higher degree research completions, research income and research publications. It also sets out the formula for calculating the grant to be paid to each provider.
Previous sections of the Commonwealth Scholarships Guidelines relating to the
3.5.8 has been added to chapter 3 of the guidelines relating to the International Postgraduate research Scholarships. Previously there was no documented mechanism to exclude those higher education providers not providing higher degree by research courses to international students, from the allocation of International Postgraduate Research Scholarships funding.
3.10 sets out student eligibility requirements for International Postgraduate Research Scholarships. To be eligible for International Postgraduate Research Scholarships, a student must:
- be an overseas student;
- meet international student visa requirements;
- be commencing full-time enrolment for the first time in a higher degree by research in Australia;
- be studying in one of the provider’s areas of research concentration;
- not hold an equivalent research qualification;
- not have held an Australian Agency for International Development scholarship within the previous two years; and
- not be receiving any other Australian Government funded scholarship that covers course tuition.
3.15 sets out the application, selection and offer processes and policies for the International Postgraduate Research Scholarships in a more transparent manner.
3.15.1 sets out the requirement for International Postgraduate Research Scholarships to be allocated through a competitive application process, with providers determining the form and date for applications. It also requires the application form to warn students that it is a serious offence to give false or misleading information to the Department.
3.15.5 sets out a requirement for providers’ selection policies to be publicly available.
3.15.10 sets out the requirement that providers offer as many International Postgraduate Research Scholarships as they can support with their grant amount and the requirement for providers to manage their Endeavour International Postgraduate Research Scholarship liabilities.
3.20 specifies that providers must use grant amounts only for International Postgraduate Research Scholarships.
3.20.1 sets out the value of an International Postgraduate Research Scholarship.
3.20.5 sets out the processes for dealing with situations where International Postgraduate Research Scholarship recipients do not commence, or withdraw from, their course.
3.20.10 sets out the duration of the International Postgraduate Research Scholarships for Research Doctorate degrees and for Research Masters degrees and in what circumstances that duration can be reduced or extended.
3.25.10 sets out the process for an International Postgraduate Research Scholarship recipient to transfer from one provider to another and the exceptional circumstances that may allow the scholarship to be transferred with the student. The exceptional circumstances relate to the former provider supporting the student’s transfer and the new eligible scholarship provider agreeing to continue providing the scholarship.
3.25.15 allows for a student to convert their research masters degree to a research doctorate degree or convert their research doctorate to a research masters degree and continue to receive International Postgraduate Research Scholarships. The maximum duration for the new International Postgraduate Research Scholarships becomes that for the new research degree minus periods of study undertaken towards the related degree prior to the conversion.
3.25.20 allows a student to change from the area of research originally indicated in their placement providing;
- the new research area is one of the provider’s areas of research concentration; and
- there will be no extension of the duration of the International Postgraduate Research Scholarships arising from the change of research area beyond the period of the original placement or International Postgraduate Research Scholarships offer, including any previously approved extensions. The only exception is where the change of research area results from circumstances relating to the research which are outside the control of the student and the provider.
3.25.25 allow students to undertake work outside of their higher degree by research subject to the approval of their provider. A provider may not approve a student undertaking work unless it is satisfied the work will not interfere with the student’s study for their HDR.
3.25.30 sets out the circumstances under which a provider must terminate an International Postgraduate Research Scholarships
3.25.35 sets out obligations on higher education providers in relation to students providing false or misleading information in relation to their International Postgraduate Research Scholarships.
3.30.1 sets out the obligations on higher education providers regarding the provision of supervision and facilities for higher degree by research students in receipt of International Postgraduate Research Scholarships.
Consultations
As stated previously, the Commonwealth Scholarships Guidelines (05/09/2005) have been revoked to reflect the Administrative Arrangement Order issued on 25 January 2008. All subsequent amendments, minor updates that have also been made to the guidelines are of a minor and machinery nature which do not substantially alter existing arrangements for the higher education sector. Therefore, the Guidelines were not distributed for consultation.
Commencements
The Commonwealth Scholarships Guidelines (Research) 2008 will take affect the day after they are registered on the Federal Register of Legislative Instruments.