EXPLANATORY STATEMENT
Issued by the authority of the Minister for Education
Higher Education Support Act 2003
Higher Education Support (Commonwealth Scholarships) Guidelines 2025
AUTHORITY
Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may, by legislative instrument, make Commonwealth Scholarships Guidelines providing for matters required or permitted by, or necessary or convenient to be provided in order to carry out or give effect to, Part 2-4 of the Act.
Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations, or by laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. The repeal of the Commonwealth Scholarship Guidelines (Research) 2017 (the Former Instrument) made by the Higher Education Support (Commonwealth Scholarships) Guidelines 2025 (the Instrument) relies on this provision.
PURPOSE AND OPERATION
The Instrument provides for matters required or permitted by, or necessary or convenient to be provided in order to carry out or give effect to, Part 2-4 of the Act (which relates to the provision of Commonwealth scholarships).
The Instrument principally provides for matters in relation to indirectly-paid Commonwealth scholarships – the Research Training Program (RTP) and scholarships provided to students under that program. The Instrument provides detailed parameters for the program, such as the program objectives, how grants under the program are to be determined, which students are eligible under the program, and conditions that apply to RTP grants.
The Instrument remakes the Former Instrument. The Instrument is made in anticipation of the Former Instrument’s sunset in 2027. However, updates have been made to the Instrument to remove outdated provisions that no longer apply, and include updated provisions, including provisions that deal with how grants should be calculated for new Table A and Table B providers (hereafter referred to as ‘HEPs’) that are able to receive grants under the program (including new HEPs that have been created as a result of a merger between two existing HEPs, to account for amendments made by Schedule 5 to the Universities Accord (Student Support and Other Measures) Act 2024 in relation to Adelaide University).
The Instrument will not change RTP objectives or the funding formula used to calculate a HEP’s RTP Grant Amount. RTP funding will continue to be used by HEPs to provide scholarships to higher degrees by research (HDR) students, not to fund other activities or pay staff salaries. HEPs must only spend their RTP Grant Amount on the costs incurred in providing RTP Fees Offsets, RTP Stipends and RTP Allowances to RTP Scholarship recipients.
COMMENCEMENT
The Instrument commences the day after it is registered on the Federal Register of Legislation.
CONSULTATION
Two rounds of consultation with stakeholders affected by the Instrument were conducted across August and September 2025.
During these rounds, the department consulted with:
- HEPs;
- peak bodies – the Australian Council of Graduate Research, Australian Technology Network, Group of Eight, Innovative Research Universities, Regional Universities Network and Universities Australia; and
- postgraduate student representative bodies – the Council of Australian Postgraduate Associations and the National Aboriginal and Torres Strait Islander Postgraduate Association.
The department received feedback on the draft Instrument from the majority of stakeholders contacted, with respondents expressing broad support for the proposed amendments. Changes to RTP student eligibility to allow students in receipt of RTP stipend scholarship support greater flexibility to engage in paid employment, and improved leave provisions for RTP stipend recipients were welcomed by stakeholders. Respondents also provided positive feedback for amendments to the calculation of the RTP grant in relation to new HEPs, adjustment provisions, clarifications to the RTP research internship agreement arrangements and the requirement to include the RTP digital object identifier (DOI) when acknowledging the Commonwealth’s contribution for RTP Scholarship support.
Amendments were subsequently made to provisions in the Instrument relating to leave for RTP Stipend recipients and definitions to address ambiguity identified by stakeholders during the consultation process.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Higher Education Support (Commonwealth Scholarships) Guidelines 2025
The Higher Education Support (Commonwealth Scholarships) Guidelines 2025 (the Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Instrument provides for matters required or permitted by, or necessary or convenient to be provided in order to carry out or give effect to, Part 2-4 of the Higher Education Support Act 2003 (the Act) (which relates to the provision of Commonwealth scholarships).
The Instrument principally provides for matters in relation to indirectly-paid Commonwealth scholarships – the Research Training Program (RTP) and scholarships provided to students under that program. The Instrument provides detailed parameters for the program, such as the program objectives, how grants under the program are to be determined, which students are eligible under the program, and conditions that apply to RTP grants.
The Instrument remakes the Commonwealth Scholarship Guidelines (Research) 2017 (the Former Instrument). The Instrument is made in anticipation of the Former Instrument’s sunset in 2027. However, updates have been made to the Instrument to remove outdated provisions that no longer apply, and include updated provisions, including provisions that deal with how grants should be calculated for new Table A and Table B providers (hereafter referred to as ‘HEPs’) that are able to receive grants under the program (including new HEPs that have been created as a result of a merger between two existing HEPs, to account for amendments made by Schedule 5 to the Universities Accord (Student Support and Other Measures) Act 2024 in relation to Adelaide University).
The Instrument will not change RTP objectives or the funding formula used to calculate a HEP’s RTP Grant Amount. RTP funding will continue to be used by HEPs to provide scholarships to Higher Degree by Research (HDR) students, not to fund other activities or pay staff salaries. HEPs must only spend their RTP Grant Amount on the costs incurred in providing RTP Fees Offsets, RTP Stipends and RTP Allowances to RTP Scholarship recipients.
Human rights implications
The Instrument engages the right to education in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the right to privacy in Article 17 of the International Covenant on Civil and Political Rights (ICCPR).
Right to education
Article 13 of the ICESCR recognises the important personal, societal, economic and intellectual benefits of education. Article 13 also provides that secondary education in all its different forms, including higher education, shall be made generally available and accessible to all by every appropriate means. Article 13(2)(c) of the ICESCR provides that ‘higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education’.
The Instrument provides for matters that relate to the provision of indirectly paid Commonwealth scholarships to students under the RTP. This facilitates the payment of those scholarships to HDR students and supports those students in undertaking their study by providing payments that extinguish the liability of the student to pay course fees, assists the student with general living costs and supports the student in undertaking their study.
As such, the Instrument promotes the right to education as it supports students in undertaking higher degrees by research, and reduces any barriers for those students in undertaking that study.
Right to privacy
Article 17 of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, nor to unlawful attacks on their honour and reputation.
The right to privacy under Article 17 can be permissibly limited in order to achieve a legitimate objective and where the limitations are lawful and not arbitrary. In order for an interference with the right to privacy to be permissible, the interference must be authorised by law, be for a reason consistent with the ICCPR and be reasonable in the particular circumstances.
The right to privacy is engaged by this Instrument because it requires the disclosure of personal information by HEPs to the Department of Education (the department), such as the disclosure of ‘HDR student completion’ data, for the purposes of calculating the HEP’s RTP grant.
This information would be ‘personal information’ for the purposes of section 179-5 of the Act and the Privacy Act 1988 (Privacy Act), and would be subject to the restrictions around the disclosure and use of that information in Division 179 of the Act and the Australian Privacy Principles set out in the Privacy Act. Unauthorised disclosure or use of personal information is an offence under section 179-10 of the Act. This offence applies to both department officials and officials of HEPs.
In collecting this information, the department will be subject to the provisions of the Privacy Act, including the provisions in relation to investigations into complaints against breaches of privacy, the restrictions on the use and disclosure of personal information and the requirement that the department take reasonable steps to protect personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. The collection of the information is necessary for the administration of the RTP and would be authorised under Australian Privacy Principle 3.
To the extent the Instrument limits the right to privacy, these limitations are reasonable, necessary and proportionate to achieving a legitimate objective (calculating the amount of RTP grant for HEPs), and because appropriate safeguards and accountability measures apply to the department when collecting, storing and disclosing personal information.
Conclusion
The Instrument is compatible with human rights. To the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.
Minister for Education, the Hon Jason Clare MP
Higher Education Support (COMMONWEALTH SCHOLARSHIPS) Guidelines 2025
EXPLANATION OF PROVISIONS
Part 1 – Introduction
Section 1: Name
1. This provision specifies the name of the instrument as the Higher Education Support (Commonwealth Scholarships) Guidelines 2025 (the Instrument).
Section 2: Commencement
2. This section provides that the Instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3: Authority
3. This section provides that the Instrument is made under section 238-10 of the Higher Education Support Act 2003 (the Act).
Section 4: Definitions
4. This section defines a range of terms that are used in the Instrument and notes that some terms used in the Instrument are defined in Schedule 1 to the Act (and have the same meaning as in the Act).
5. This section defines the term ‘affiliate’ to mean an entity that is formally or functionally integrated into a HEP’s core academic, clinical or research operations, but does not include an entity that is only connected to the HEP through external co-supervisory or co-funding arrangements, or because it has entered into a written agreement with the HEP about research internships undertaken by students of the HEP.
6. This section also defines the term ‘research end-user’ to mean an individual, group or organisation that will directly use or directly benefit from the output, outcome or results of research created in collaboration with a HDR student enrolled at a HEP, and is not a HEP, or a controlled entity, subsidiary or affiliate of the HEP.
7. Two of the definitions in this section, ‘ASCED’ and ‘R&D or research,’ incorporate other documents by reference, as in force at the time this Instrument commenced.
8. The section provides that the term ‘ASCED’ means the Australian Standard Classification of Education managed by the Australian Bureau of Statistics (ABS) for use in the collection, storage and dissemination of statistical and administrative data relating to educational activity in Australia, as available at the time this Instrument commenced.
9. The note to the definition provides a link where the Australian Standard Classification of Education, as available at the time the Instrument commenced can be found: https://www.abs.gov.au/statistics/classifications/australian-standard-classification-education-asced/2001. It is necessary to incorporate this document by reference as due to its length, it is not suitable to reproduce in full in the Instrument and is a stable classification that historically has not been subject to material change.
10. The section also provides that the terms ‘R&D’ or ‘research’ means Research and Experimental Development as defined in the Frascati Manual 2015 maintained by the Organisation for Economic Cooperation and Development, as in force at the time this instrument commenced.
11. The note to the definition provides a link where the Frascati Manual 2015, as available at the time the Instrument commenced can be found: https://doi.org/10.1787/9789264239012-en. It is necessary to incorporate this document by reference as the document provides a comprehensive and internationally recognised methodology for research and development data collection and reporting, ensuring consistency, comparability and alignment with global best practices. Due to its length and the various factors that are relevant to its definition of ‘research’ and ‘R&D’, it is not suitable to reproduce those definitions in full in the Instrument.
Section 5: Schedules
12. This is a technical section that explains that each instrument that is specified in a schedule to the Instrument is amended or repealed as set out in the applicable items in the Schedule, and that any other item in a Schedule to the Instrument has effect according to its terms. The Schedule to the Instrument relates to the repeal of the Commonwealth Scholarship Guidelines (Research) 2017 (the Former Instrument).
Part 2 – Application, saving and transitional provisions
Section 6: Saving and application provisions for the RTP
13. This section sets out the saving and application provisions for the RTP.
14. Subsection 6(1) provides that the repeal of the Former Instrument does not affect the validity of payments or decisions made under the Former Instrument, and decisions made under the Former Instrument are taken to continue to have effect as if those decisions were made under this Instrument.
15. Subsection 6(2) provides that despite the repeal of the Former Instrument, conditions specified under that instrument as in force immediately prior to the repeal are taken to remain in force in respect of a grant made prior to that repeal.
16. Subsection 6(3) provides that section 13 of the Instrument as made applies in relation to any adjustment of RTP Grant Amounts after the commencement of the Instrument, in relation to grants made for Grant Years before, on and after the commencement of the Instrument.
Part 3 – Research Training Program
Section 7: Program objectives
17. This section sets out the program objectives for the RTP. Subsection 7(1) provides that the purpose of the RTP is to provide block grants, on a calendar year basis, to HEPs to support the objectives of the RTP.
18. Subsection 7(2) provides that the objectives of the RTP are to support the training of domestic and overseas students undertaking higher degrees by research (HDRs) at HEPs, to provide graduates with the skills required to build careers in academia, industry and other sectors of the labour market, and to support collaboration between HEPs, industry and other research end-users.
Section 8: RTP Grant Amount for New HEPs
19. This section provides for how grant amounts under the program are to be determined for HEPs that are New HEPs. This reflects that, for New HEPs, their grants should initially be calculated in a different way to reflect that these HEPs may not have reported information that is necessary to calculate their grants under section 9.
20. Subsections 8(1) and (2) define ‘New HEP’ and ‘Merged HEP’. A ‘New HEP’ is defined as a body corporate that becomes a HEP on 1 January of the Grant Year, or a body corporate that became a HEP at any time during the previous Grant Year (other than 1 January of the previous Grant Year). A ‘Merged HEP’ is a New HEP that is formed from two or more bodies corporate that were HEPs in previous years (known as the ‘merging HEPs’). It is necessary to define ‘Merged HEP’ here because while Merged HEPs are a type of New HEP, their grant should not be calculated according to the method in this section, and should instead be calculated in accordance with section 9. This is because Merged HEPs are made up of bodies that were previously HEPs that had reported information that is necessary to calculate the Merged HEP’s grants.
21. Subsections 8(3) to (5) provide for how grant amounts under the program are to be determined for New HEPs that are not Merged HEPs for a Grant Year.
22. Subsection 8(3) provides that, subject to any adjustments that may be made under section 13, the RTP Grant Amount for a New HEP that is not a Merged HEP for a Grant Year is:
if the HEP is a New HEP that is not a Merged HEP for the Grant Year, and the HEP meets the requirement in subsection 8(5) – the RTP Grant Amount calculated in accordance with subsections 9(1) and 9(2);
if the HEP is a New HEP that is not a Merged HEP for the Grant Year, and the HEP does not meet the requirement in subsection 8(5) – zero;
if the HEP was a New HEP that was not a Merged HEP for a previous Grant Year, and in that previous Grant Year (and any subsequent Grant Years) received zero RTP Grant Amount, but has met the requirement in subsection 8(5) in relation to this Grant Year – the RTP Grant Amount calculated in accordance with subsections 9(1) and (2);
if the HEP was a New HEP that was not a Merged HEP for a previous Grant Year, and in that previous Grant Year (and any subsequent Grant Years) received zero RTP Grant Amount, and has not met the requirement in subsection 8(5) in relation to this Grant Year – zero;
in all other circumstances relating to a New HEP that is not a Merged HEP, the HEP’s RTP Grant Amount as calculated in accordance with subsections 9(1) and (2).
23. Subsection 8(4) clarifies that the RTP Grant Amount for a New HEP that is not a Merged HEP for the Grant Year preceding the Grant Year in relation to which it is a New HEP is zero.
24. Subsection 8(5) provides that for the purposes of paragraphs 8(3)(a) to (d), the requirements are that the HEP has reported and certified data in relation to the HEP’s Competitive Income and Engagement Income by 30 June of the previous calendar year, and that the HEP has reported and verified its HDR student completions for the second and third calendar year preceding the Grant Year.
25. The effect of subsections 8(3) and (5) is that a New HEP who has not reported information that is required for calculating their RTP Grant Amount, will receive zero RTP Grant Amount for that year.
26. Section 8 will only apply to New HEPs in the first Grant Year that they are a HEP and have reported the relevant information. For subsequent Grant Years, the formula in section 9 will apply to calculate the HEP’s RTP Grant Amount.
Section 9: RTP Grant Amount for HEPs and Merged HEPs
27. This section provides the method by which the RTP Grant Amount for HEPs and Merged HEPs for a Grant Year are to be calculated. This section does not apply to New HEPs that are not Merged HEPs (which are dealt with in section 8).
28. Subsection 9(1) provides that subject to section 8 and subsection 9(2), a HEP’s Grant Amount for a Grant Year is worked out using the formula set out in subsection 9(1). The formula provides that a HEP’s Grant Amount is worked out by reference to the ‘Completion Share of the HEP for the Grant Year’, ‘Competitive Income Share of the HEP for the Grant Year’ and ‘Engagement Income Share of the HEP for the Grant Year’.
29. Subsection 9(2) provides for how the HEP’s grant amount should be modified and rounded, if the HEP’s RTP Grant Amount determined under subsection 9(1) is an amount consisting of a number of whole dollars and a number of cents.
30. Subsections 9(3) and (4) provide that the ‘Completion Share of a HEP for a Grant Year’ is worked out by dividing the ‘Weighted HDR Student Completions for the HEP’ by the ‘Weighted HDR Student Completions for all HEPs’. Subsection 9(3) also defines the terms ‘Weighted HDR Student Completions for the HEP’ and ‘Weighted HDR Student Completions for all HEPs’.
31. The ‘Weighted HDR Student Completion of the HEP’ is worked out differently for a HEP that is not a Merged HEP in the Grant Year and was not a Merged HEP at any point in the previous three Grant Years, from a HEP that is a Merged HEP in the Grant Year or was a Merged HEP at any point in the previous three Grant Years. This reflects that, for a Merged HEP or a HEP that was a Merged HEP at any point in the previous three Grant Years, the information that is taken into account to calculate the ‘Weighted HDR Student Completion of the HEP’ could have been reported by a merging HEP.
32. Subsection 9(4) provides that, for the purposes of subsection 9(3), a HEP’s weighted HDR student completions for a calendar year are determined in accordance with section 10 as applicable.
33. Subsection 9(5) provides that the ‘Competitive Income Share of the HEP for a Grant Year’ is worked out by dividing the ‘Competitive Income for the HEP’ against the ‘Competitive Income for all HEPs’ (both terms are defined in the subsection).
34. The ‘Competitive Income Share of the HEP’ is worked out differently for a HEP that is not a Merged HEP in the Grant Year and was not a Merged HEP at any point in the previous three Grant Years, from a HEP that is a Merged HEP in the Grant Year or was a Merged HEP at any point in the previous three Grant Year. This reflects that, for a Merged HEP or a HEP that was Merged HEP at any point in the previous three Grant Years, the information that is taken into account to calculate the ‘Competitive Income Share of the HEP’ could have been reported by a merging HEP.
35. Subsection 9(6) provides that the ‘Engagement Income Share of the HEP for a Grant Year’ is worked out by dividing the ‘Engagement Income for the HEP’ against the ‘Engagement Income for all HEPs’ (both terms are defined in the subsection).
36. The ‘Engagement Income Share of the HEP’ is worked out differently for a HEP that is not a Merged HEP in the Grant Year and was not a Merged HEP at any point in the previous three Grant Years, from a HEP that is a Merged HEP in the Grant Year or was a Merged HEP at any point in the previous three Grant Year. This reflects that, for a Merged HEP or a HEP that was Merged HEP at any point in the previous three Grant Years, the information that is taken into account to calculate the ‘Engagement Income Share of the HEP’ could have been reported by a merging HEP.
37. In order to calculate a HEP’s Competitive Income and Engagement Income, HEPs submit information through the annual Higher Education Research Data Collection (HERDC) submission process. HEPs report and certify breakdowns of their Competitive Income and Engagement Income for the reference year in dollar amounts in accordance with the HERDC specifications for the relevant reference year. Each HEP must also arrange for an independent audit of the income in their respective HERDC income return and provide the department with a signed Special Purpose Audit Report under the Auditing and Assurance Standard Board (AASB) Auditing Standard ASA800.
Section 10: Weighted HDR student completions
38. Subsection 10(1) provides that, for the purposes of subsections 9(3) and (4) (i.e. calculating the Completion Share of a HEP), HDR student completions are to be weighted according to each student’s Indigenous or non-Indigenous status, whether the student completed an eligible research internship, the level of the HDR and the cost type of the HDR.
39. Subsection 10(2) provides that, for the purposes of determining whether the student has completed an eligible research internship for the purposes of this section, a student will have completed an eligible research internship where they have met the requirements in section 11.
40. Subsection 10(3) provides for how HDR student completions are to be weighted according to the factors listed in subsection 10(1). Subsection 10(3) provides that a HEP’s weighted student completions for a year are equal to the sum of the number of completions for each completion type outlined in Column 3 in the table in the subsection, multiplied by the relevant weighting in Columns 4 and 5, in the table in the subsection.
41. Subsection 10(4) provides that, notwithstanding the table in subsection 10(3), the weighting for completion of an eligible research internship is to only be applied:
in relation to Research Doctorate student completions on or after 1 January 2022;
once, for a single student’s Research Doctorate completion, even if the student had completed multiple eligible research internships; and
where the requirements of an eligible research internship set out in section 11 have been met prior to the student completing their Research Doctorate.
42. Subsection 10(5) provides that high-cost and low-cost completions for the purposes of subsection 10(3) are determined in accordance with high-cost and low-cost fields of education (FOEs) identified in section 12.
Section 11: Requirements of an eligible research internship
43. Subsection 11(1) sets out the requirements of an eligible research internship, for the purposes of section 10.
44. One of the requirements listed in subsection 11(1) is that an eligible research internship must be a minimum of three calendar months in duration. Subsection 11(2) provides that, for the purposes of determining the duration of the research internship, a Research Doctorate student commences an internship on the first day in the internship that the student engages in R&D activities which count towards the full-time equivalent days of engagement with a research end-user, and concludes the internship on the last day in the internship that the student engages in R&D activities which count towards the full-time equivalent days of engagement with the same research-end user.
45. Another requirement listed in subsection 11(1) is that an eligible research internship must require the student to engage in R&D activities for at least 60 full-time equivalent days. Subsection 11(3) provides that a full-time equivalent day is the number of hours in a standard working day for the industry associated with the research end-user, or if there is no standard working day, a full-time equivalent day is equal to 7.6 hours.
46. Another requirement listed in subsection 11(1) is that an eligible research internship must require that the HEP, student and research end-user have a written agreement about the R&D activities to be undertaken by the student with the research end-user, and the duration of the internship. Subsection 11(4) provides that the agreement must be made within 18 months from the commencement of the student’s Research Doctorate (if the student is undertaking a full-time student load) or within 36 months from the commencement of the student’s Research Doctorate (if the student is undertaking a part-time student load).
47. Subsection 11(5) provides that, for the purposes of subsection 11(4), the timeframe for making a written agreement is extended by a period equivalent to any HDR period of suspension within the first 18 months of the student’s enrolment, or any increase to the student’s period of support under subsection 16(4).
Section 12: High-cost and low-cost Fields of Education
48. Section 12 provides that, for the purposes of section 10 (i.e. determining the high-cost and low-cost FOEs), the high-cost FOEs are the FOEs set out in the table in section 12, and low-cost FOEs are those FOEs that are not listed in the table.
Section 13: Adjustment of RTP Grant Amounts
49. Section 13 provides for the adjustment of RTP Grant Amounts for a HEP for a Grant Year and provides that adjustments to RTP Grant Amounts will be based on corrected HERDC data only.
50. Subsection 13(1) provides that, if a HEP provides incorrect HERDC data used to calculate the HEP’s RTP Grant Amount for a Grant Year, the HEP must correct the information provided to the department, provide supporting evidence that demonstrates the accuracy of the corrected data and provide information on what caused the HEP to provide incorrect data.
51. The note under subsection 13(1) provides that the department may take into account corrected HERDC data only and supporting evidence provided by a HEP on or before 1 September in the year the data was first provided to determine the HEP’s RTP Grant Amount.
52. Subsection 13(2) provides that, if the HEP provides corrected HERDC data and supporting evidence on or before 30 June in the first Grant Year the data is used, the department will only take into account the corrected data to recalculate and adjust RTP Grant Amounts under section 9, if the RTP Grant Amount calculated for the HEP using the corrected data is less than the RTP Grant Amounts calculated for the HEP using the incorrect HERDC data.
53. Subsection 13(3) provides that, for the avoidance of doubt, if the HEP provides either the corrected HERDC data or supporting evidence after 30 June in the first Grant Year the data is used, the department will not take into account the corrected data to recalculate and readjust RTP Grant Amounts under section 9.
54. The current practice is for RTP Grant Amounts to be calculated in the second half of the calendar year prior to the relevant Grant Year and to be paid in regular instalments during the relevant Grant Year. For example, RTP Grant Amounts for the 2026 Grant Year would be calculated in the second half of 2025 and paid in instalments throughout 2026. If a HEP provides corrected data (and supporting evidence) relevant to calculating RTP Grant Amounts for the 2026 Grant Year on or before 30 June 2026, the department will take into account that data to recalculate and adjust RTP Grant Amounts under subsection 13(2). The remaining instalments to be paid to HEPs would be adjusted as necessary to reflect the revised RTP Grant Amounts.
55. To provide certainty for all HEPs in relation to RTP funding, subsection 6(3) (see above) provides that the adjustments provision at section 13 applies to any adjustment of RTP Grant Amounts after the commencement of the Instrument, in relation to grants made for Grant Years before, on and after the commencement of the Instrument.
Section 14: Student eligibility requirements
56. Section 14 provides that, in order for a student to be eligible to receive RTP scholarships, the student must be a domestic student or an overseas student enrolled in an accredited HDR course of study at a HEP, and, to be eligible for an RTP Fees Offset, the student must not be receiving an equivalent award or scholarship from the Commonwealth designed to offset HDR fees.
57. New section 14 removes a student eligibility requirement that was included in the Former Instrument that provided that the student must not be receiving income from another source to support that student’s general living costs while undertaking their course of study if that income is related to the student’s course of study and is greater than 75 per cent of that student’s RTP Stipend rate. The removal of this requirement will allow students greater flexibility to engage in paid employment and address confusion about the requirement across the sector.
Section 15: Conditions that apply in relation to RTP grants – expenditure
58. Section 15 imposes conditions on HEPs in relation to the expenditure of RTP grants.
59. Subsection 15(1) requires a HEP to only spend its RTP Grant Amount on providing one or more of the following types of support to an RTP Scholarship recipient:
RTP Fees Offset awarded to a student to extinguish the student’s liability to pay HDR course fees;
RTP Stipend awarded to assist students with their living costs while undertaking a HDR; and
RTP Allowances awarded to assist students with the ancillary costs of a HDR, including but not limited to:
o for overseas students, the costs of obtaining standard Overseas Student Health Cover approved by the Health Department and which covers the student and their spouse and dependants (if any);
o relocation costs to undertake a HDR; and
o HDR thesis printing and academic publication costs.
60. Subsections 15(2) and (3) impose conditions on the HEP on expenditure of RTP grants in relation to overseas students.
61. Subsection 15(2) provides that a HEP must only spend up to a maximum of 10 per cent of its RTP Grant Amount in a Grant Year on the provision of RTP Scholarships to overseas students.
62. Subsection 15(3) provides that when calculating the 10 per cent cap for the purposes of subsection (2), the HEP must take into account any unspent RTP Grant Amount from the previous Grant Year.
Section 16: Conditions that apply in relation to RTP grants – period of support
63. Subsection 16(1) provides that a HEP must only provide a student with a RTP Fees Offset and/or RTP Stipend for a course of study for a period (period of support) that meets the following requirements:
for an eligible Research Doctorate:
o a period that is a minimum of three years, and up to a maximum of four years for a student with a full-time student load; or
o a period that is a minimum of six years, and up to a maximum of eight years for a student with a part-time student load;
for an eligible Research Masters:
o a period that is a maximum of two years for a student with a full-time student load; or
o a period that is a maximum of four years for a student with a part-time student load.
64. Subsection 16(2) provides that a student’s period of support is calculated from the commencement of their relevant course of study.
65. Subsection 16(3) provides that a student’s period of support will be increased by the length of any periods of leave specified in paragraphs 18(6)(d) to (i) and approved by a HEP.
66. Subsection 16(4) provides that a student’s period of support will be increased by the length of any RTP Scholarship Suspension approved by a HEP.
67. Subsection 16(5) provides that, for the avoidance of doubt, a student’s period of support will not be increased if the student in receipt of an RTP Scholarship transfers to another HEP that will also offer the student an RTP Scholarship.
Section 17: Conditions that apply in relation to RTP grants – RTP Fees Offset
68. Subsection 17(1) provides that a HEP must only use an RTP Fees Offset to pay the tuition fees of the student who has been awarded the RTP Fees Offset.
69. Subsection 17(2) provides that a HEP must only award an RTP Fees Offset to domestic students that are not in receipt of another award or scholarship from the Commonwealth for the purpose of paying HDR tuition fees. The note under the subsection provides that a HEP’s process for selecting domestic students for an RTP Fees Offset must be consistent with the Instrument, the fairness requirements in Subdivision 19-D in Part 2-1 of the Act and be detailed in the HEP’s RTP Scholarship Policy.
70. Subsection 17(3) provides that a HEP must only award an RTP Fees Offset to an overseas student as a result of a competitive selection process, with the nature of the competitive selection process to be determined by the HEP. The note under the subsection provides that a HEP’s competitive selection process for selecting overseas students for an RTP Fees Offset must be consistent with the Instrument, the fairness requirements in Subdivision 19-D in Part 2-1 of the Act and be detailed in the HEP’s RTP Scholarship Policy.
Section 18: Conditions that apply in relation to RTP grants – RTP Stipends
71. Subsection 18(1) provides that a HEP must only award RTP Stipends as a result of a competitive selection process, with the nature of the competitive selection process to be determined by the HEP. The note under the subsection provides that, as part of a HEP’s competitive selection process, they may wish to give priority to a class of students, such as Indigenous students, low socioeconomic students, students undertaking research in a particular discipline or research area or students undertaking a HDR for the first time. Any competitive selection process must be consistent with the Instrument, the fairness requirements in Subdivision 19‑D in Part 2-1 of the Act and be detailed in the HEP’s RTP Scholarship Policy.
72. Subsection 18(2) provides that the HEP must pay RTP Stipends in accordance with the requirements in subsection (2), which sets requirements about the base and maximum RTP Stipend that a HEP must offer students, and the timing of the payments.
73. Subsections 18(3) and (4) set out the base and maximum full-time and part-time RTP Stipend rate for the 2025 Grant Year.
74. Subsection 18(5) provides that the base and maximum RTP Stipend rates specified in subsections (3) and (4) are to be indexed for any subsequent years using the method of indexation set out in Part 5-6 of the Act. The note under the subsection provides that the department will advise HEPs in writing of the base and maximum RTP Stipend rates for subsequent years, by October of the preceding year.
75. Subsection 18(6) and (7) impose conditions on HEPs in relation to HEPs’ provision of leave entitlements for RTP Stipend recipients. Subsection 17(6) requires that, subject to subsection (8), a HEP must provide the leave entitlements listed in that subsection to a student in receipt of a RTP Stipend. Subsection 18(7) provides that, for the avoidance of doubt, all leave entitlements referred to in subsection (6) are forfeited when the RTP Stipend is terminated.
76. Subsection 18(8) provides that, despite subsection (6), where a student transfers to a HEP from another HEP and has accessed leave entitlements under subsection (6) during the same calendar year at their previous HEP, the receiving HEP may subtract the amount of leave accessed by the student at the previous HEP from the leave entitlements that the HEP must provide the student under subsection (6) for that calendar year.
Section 19: Conditions that apply in relation to RTP grants – RTP Allowances
77. Section 19 provides that a HEP must only award a student an RTP Allowance if the HEP has selected the student in accordance with the HEP’s RTP Scholarship Policy.
Section 20: Conditions that apply in relation to RTP grants – offering RTP Scholarships
78. Subsection 20(1) provides that a HEP must only offer a student a RTP Scholarship if:
in relation to RTP Stipends, the student has been selected consistent with the process in subsection 18(1);
in relation to RTP Fees Offset, the student has been selected consistent with the process in subsections 17(2) or (3);
in relation to RTP Allowances, the student meets the eligibility criteria in section 14 and the HEP has selected the student to receive an RTP Allowance;
the HEP has agreed to provide an RTP Scholarship to a student who is transferring to that HEP and is currently receiving an RTP Scholarship; or
the student is a continuing student.
79. Subsection 20(2) provides that a HEP must offer an RTP Scholarship to all students (including continuing students) in writing, and the written offer must include advice on the types of assistance and support being offered, the conditions and period of support of the RTP Scholarship, and the estimated annual value of Australian Government support provided for each type of RTP Scholarship support.
80. Subsection 20(3) provides that a HEP must also advise all students receiving RTP Scholarships of any changes to RTP Scholarship support provided by the HEP.
81. Subsection 20(4) provides that, in relation to continuing students, a HEP must offer each continuing student an RTP scholarship in a form that does not disadvantage the continuing student and provides at least equivalent support to what would have been provided to the student through the former Australian Government programs (the Australian Postgraduate Award, the Research Training Scheme and the International Postgraduate Research Scholarship).
Section 21: Conditions that apply in relation to RTP grants – terminating RTP Scholarships
82. Section 21 provides that a HEP must terminate a student’s RTP Scholarship if the student ceases to meet the eligibility criteria in section 14 (other than during a period in which an RTP Scholarship Suspension has been approved), on completion of the student’s course of study, or if the HEP determines that the student has not complied with a requirement specified in the HEP’s RTP Scholarship Policy.
Section 22: Conditions that apply in relation to RTP grants – RTP Scholarship Policy
83. Subsection 22(1) provides that a HEP is responsible for the administration of RTP Scholarships and must include information about the processes, policies and conditions of scholarships in the HEP’s RTP Scholarship Policy, which must be reviewed annually and made publicly accessible on the HEP’s website.
84. Subsection 22(2) provides that a HEP must make decisions, and provide support to students awarded RTP Scholarships, in accordance with its RTP Scholarship Policy.
85. Subsection 22(3) requires that a HEP’s RTP Scholarship Policy must include certain specified information.
Section 23: Conditions that apply in relation to RTP grants – acknowledgement of Commonwealth contribution
86. Subsection 23(1) provides that a HEP must ensure that the Commonwealth’s contribution is acknowledged when, at any time during or after completion of a HDR, the recipient of an RTP Scholarship or their supervisor or any other party, publishes or produces material (including books, articles, newsletters or other literary or artistic works) which relates to the research project carried out by the recipient of the RTP Scholarship.
87. Subsection 23(2) provides that, for the purposes of subsection 23(1), the HEP must ensure that the Commonwealth’s contribution is acknowledged in a prominent place and in any material produced through the research project.
88. Subsection 23(3) provides that, for the purposes of subsection 23(1), the Commonwealth’s contribution must be acknowledged by including a specific form of words in any acknowledgement and must include the RTP’s digital object identifier (DOI).
89. Subsection 23(4) further provides that if a student who has been awarded an RTP Scholarship has an ORCID (as defined in section 4 of the Instrument), the HEP must require that the student acknowledge the Commonwealth’s contribution through the Australian Government Research Training Program Scholarship by including the RTP DOI in the student’s ORCID record.
Section 24: Conditions that apply in relation to RTP grants – communications about RTP Scholarships
90. This section provides that a HEP must distinguish, in all of its communications about how students are selected for RTP Scholarships, including on the HEP’s website and in its direct communications with students, student eligibility criteria set by the Commonwealth in section 14 from any additional selection criteria set by the HEP.
Schedule 1 – Repeals
91. This Schedule repeals the Former Instrument.