Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2021
I, Stephen Baz, delegate of the Chief Executive Officer, make the following determination.
Dated 1 November 2021
Stephen Baz
Senior Adviser, National Indigenous Australians Agency
Contents
1 Name
2 Commencement
3 Authority
4 Definitions...............................................1
5 Schedules
6 Conditions
Schedule 1—Amendments
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021 2
1 Name
This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2021.
2 Commencement
This instrument commences on the day after it is registered.
3 Authority
This instrument is made under subsections 38-40(3) and 38-40(4) of the Higher Education Support Act 2003 for the purposes of Part 2-2A of the Act.
4 Definitions
Act means the Higher Education Support Act 2003.
ISSP grant means a grant provided for under section 5 of the Indigenous Student Assistance Grants Guidelines 2017 in respect of the 2021 calendar year.
5 Schedule
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
6 Conditions
For the avoidance of doubt, conditions of the ISSP grants specified in a Schedule to this instrument are set out in Schedule 1 of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021.
Schedule 1—Amendments
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021
1 Paragraph 5(a)
Repeal the following subparagraphs:
- 5(a)(vi) – Charles Darwin University
- 5(a)(xxvi) – University of Wollongong
2 Paragraph 5(b)
- Repeal the following items:
- Item 6 – Charles Darwin University, $67,000
- Item 26 – University of Wollongong, $20,000
- Amend the items of the table as follows:
Amendments related to amount of unspent ISSP grant | |
Item | Table item | Omit amount | Substitute |
1. | Item 2 | $230,000 | $146,949.52 |
2. | Item 3 | $15,954 | $14,219.06 |
3. | Item 4 | $10,000 | $8,307.87 |
4. | Item 7 | $580,000 | $361,690.57 |
5. | Item 8 | $147,186 | $126,565.81 |
6. | Item 9 | $72,500 | $71,034.82 |
7. | Item 12 | $273,046 | $257,506.05 |
8. | Item 13 | $350,000 | $294,354.51 |
9. | Item 14 | $30,000 | $19,570.98 |
10. | Item 18 | $15,000 | $2,595.60 |
11. | Item 19 | $230,000 | $225,866.89 |
12. | Item 20 | $150,430 | $133,344.15 |
13. | Item 21 | $800,000 | $714,216.68 |
14. | Item 23 | $150,000 | $146,449.06 |
15. | Item 24 | $236,500 | $234,674.54 |
16. | Item 27 | $140,000 | $104,874.45 |
Overview
The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2021 was enacted to amend the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021, addressing specific discrepancies in the allocation of Indigenous Student Assistance Grants (ISSP) for the 2021 calendar year. This notifiable instrument was introduced to correct the amounts of unspent ISSP grants that were to be rolled over, ensuring accuracy in financial allocations to educational institutions. Enacted under the Higher Education Support Act 2003, this amendment was authorised by Stephen Baz, a delegate of the Chief Executive Officer of the National Indigenous Australians Agency, to rectify certain entries in the original determination and ensure that the financial provisions are appropriately adjusted in line with the policy objectives of supporting Indigenous student success in higher education.
Scope and Application
The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2021 amends the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021, which pertains to the allocation and rollover of Indigenous Student Success Program (ISSP) grants for the 2021 calendar year. This instrument, made under the Higher Education Support Act 2003, specifically targets the adjustment of unspent grant amounts for certain universities, thereby modifying the original determination to reflect the financial reallocation and adjustments necessary for the ongoing support of Indigenous students' higher education. The determination affects entities such as Charles Darwin University and the University of Wollongong by repealing and amending specific grant amounts listed in the original determination, as detailed in the attached schedule. This amendment is applicable nationwide within Australia, affecting educational institutions that were recipients of the ISSP grants. The amendments do not introduce new exclusions or exemptions; rather, they refine the distribution of existing funds to ensure continued support and success for Indigenous students in higher education.
Key Provisions
The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2021 amends the previous determination concerning the rollover of unspent grant amounts for the Indigenous Student Success Program (ISSP) for the 2021 calendar year (section 5). This determination, made under subsections 38-40(3) and 38-40(4) of the Higher Education Support Act 2003, involves repealing certain subparagraphs and items and amending others in the original determination (section 3). Specifically, it repeals subparagraphs 5(a)(vi) and 5(a)(xxvi) and certain items in paragraph 5(b) (Schedule 1). It also amends the amounts specified in various items of the table by substituting new amounts for the unspent ISSP grant (Schedule 1). These amendments reflect changes to the amount of unspent ISSP grant for the specified institutions.
The obligations and requirements imposed by this Act are primarily centred around the amendment and repeal of specific subparagraphs and items in the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021. The changes are designed to reflect the accurate rollover of unspent grant amounts for the ISSP for the 2021 calendar year. This involves the repeal of certain subparagraphs and items, as well as the amendment of the amounts specified in various items of the table (Schedule 1). These amendments are crucial for ensuring the correct allocation and use of funds within the program.
Breaching the provisions of this determination could lead to various consequences. While the specific consequences are not detailed in the text, breaches of provisions in legislation typically result in civil or criminal penalties. The penalties could range from fines to more severe consequences, depending on the nature and severity of the breach. For instance, in other sections of the Higher Education Support Act 2003, penalties can include fines up to $22,000 for individuals and $110,000 for bodies corporate, along with potential imprisonment. However, the exact penalties for breach of this determination would need to be confirmed from the relevant sections of the Higher Education Support Act 2003.