Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2020

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2020 was enacted to amend the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019. This amendment was introduced to address the need for adjustments in funding allocations and program objectives in response to the impacts of the COVID-19 pandemic on Indigenous students. The instrument was made under the authority of the Higher Education Support Act 2003 and is a notifiable instrument, with the amendment coming into effect on the day after its registration. The policy objective of this amendment is to ensure that the Indigenous Student Success Program can effectively support Indigenous students, particularly in light of the unique challenges posed by the pandemic, by adjusting grant amounts and program focus areas accordingly.

Scope and Application

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2020 applies to the amendments of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019. This legislation is made under the authority of the Higher Education Support Act 2003 and comes into effect following registration. The Act amends the determination to adjust specific financial figures and activities related to the Indigenous Student Success Program, including the provision of reliable internet access for regional and remote students, contributions to supplementary grant schemes, and the establishment of Aboriginal High Achiever Prizes, among others. The amendments also include a change in the timing of certain obligations from October 2020 to April 2021. The jurisdictional reach of this amendment is federal, applying across Australia, and it impacts entities and programs involved in higher education support for Indigenous students. There are no stated exclusions or exemptions within the text of the amendment.

Key Provisions

The main operative sections of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2020 (F2020N00123) detail amendments to the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019. Specifically, section 1 of the Amendment Determination repeals and substitutes new amounts for certain grant amounts specified in the original Determination. For instance, paragraph 5(b) of the original Determination, which listed a specific grant amount, is repealed and replaced with a new amount of $175,697 (Schedule 1, item 1). Similarly, paragraph 6(b) is amended to change the amount from the original $77,991 to a new amount of $77,991 (Schedule 1, item 2). Additionally, the Amendment Determination modifies the purposes for which the grants can be used, as outlined in subclause 1(1) of Schedule 1, to include support related to mitigating the effects of restrictions imposed following COVID-19 and other specified activities (Schedule 1, item 3). Furthermore, subclause 3(1) of Schedule 1 changes the date by which certain actions must be completed from October 2020 to April 2021 (Schedule 1, item 4). The obligations and requirements imposed by the Amendment Determination primarily involve the revised grant amounts and the expanded purposes for which these grants can be used. The determination ensures that the amended grant amounts are applied according to the new specifications, and that the funds are allocated towards the newly defined purposes. This includes providing reliable internet access for regional and remote students, contributing to supplementary grant schemes to support students in need, establishing Aboriginal High Achiever Prizes, and promoting Indigenous Student Success Program (ISSP) funded activities and services to students. The Amendment Determination also necessitates that certain actions be completed by April 2021, rather than the previous deadline of October 2020, as outlined in subclause 3(1) of Schedule 1. The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2020 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, breaches of the Higher Education Support Act 2003 or related regulations could potentially lead to legal consequences, depending on the nature and severity of the breach. In general, non-compliance with provisions under the Higher Education Support Act could result in administrative actions, financial penalties, or other enforcement measures as determined by the relevant authorities. It is important for entities governed by the Act to adhere to the amended provisions to avoid any potential repercussions.