Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2024

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2024 was enacted to amend the original determination made under the Higher Education Support Act 2003. This legislation was introduced to address the need for updating the grant amounts rolled over for the Indigenous Student Success Program (ISSP) for the year 2023, specifically to include additional funding for the University of the Sunshine Coast. The enactment body for this amendment was Stephen Baz, as a delegate of the Chief Executive Officer of the National Indigenous Australians Agency. The policy objective is to ensure that the ISSP continues to support Indigenous students' success in higher education by providing necessary funding adjustments and ensuring accurate rollover of grant amounts. This amendment is necessary to reflect the financial requirements for the Indigenous Student Success Program, aiming to maintain and enhance the support provided to Indigenous students. The instrument was made under the authority provided by the Higher Education Support Act 2003, specifically under subsections 38-40(3) and 38-40(4), ensuring that the updates align with the legislative framework governing higher education support programs in Australia. The inclusion of the University of the Sunshine Coast in the amended determination highlights the commitment to equitable distribution of resources across institutions to support Indigenous students' academic success.

Scope and Application

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2024 applies to the rollover of grant amounts from the Indigenous Student Success Program (ISSP) for the year 2023, specifically targeting the University of the Sunshine Coast. This instrument amends the existing determination under the Higher Education Support Act 2003 to include the specified rollover amount for the University of the Sunshine Coast. The determination is made by Stephen Baz, acting as a delegate of the Chief Executive Officer of the National Indigenous Australians Agency, and it comes into effect on the day after it is registered. It does not explicitly state exclusions or exemptions, but rather focuses on amending existing provisions to include the additional grant rollover for a particular institution. The determination’s reach is limited to the administrative adjustments of the grant amounts within the framework of the Higher Education Support Act 2003, without extending its application to other entities or industries outside the scope of the ISSP.

Key Provisions

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2024 (section 1) amends the existing Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2024. The instrument introduces specific changes to the rollover of 2023 ISSP grant amounts and the conditions for using a grant. According to section 5 of the amendment, an additional grant amount of $107,128.03 is allocated to the University of the Sunshine Coast. Additionally, a new condition is added to the grant usage, specifically for the 2024 ISSP rollover grant at the University of the Sunshine Coast, which pertains to the Cultural Identity Project (section 1, Schedule 1 – Conditions, Item 34). The Act imposes certain obligations on the entities it governs. For example, the University of the Sunshine Coast must ensure that the funds allocated under the 2024 ISSP rollover grant are used strictly for the specified Cultural Identity Project. This requirement is clearly defined in the amendment. Moreover, all institutions receiving such grants must adhere to the conditions outlined in the Higher Education Support Act 2003 and comply with any additional terms specified in the determination. These obligations ensure that the funds are used effectively to support Indigenous student success programs. Breach of the provisions outlined in the determination may lead to various consequences. Firstly, there may be civil penalties imposed for non-compliance, which could include financial penalties or the requirement to return the misused funds. Additionally, serious breaches could result in criminal charges, particularly if there is evidence of fraud or intentional misuse of funds. The maximum penalties for such offences would depend on the specific nature of the breach and could include fines and/or imprisonment, as stipulated under the Higher Education Support Act 2003. It is crucial for entities governed by this Act to comply with its provisions to avoid these potential consequences.