Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2024

Administered by Department of the Prime Minister and Cabinet

Legislation au F2024N01187 Not in force Notifiable Instrument

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Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2024

I, Stacey Bowden, Delegate of the Chief Executive Office, make the following determination.

Dated  19 December 2024

 

 

Stacey Bowden

Director, Early Years and Tertiary Support, National Indigenous Australians Agency

 

Contents

 

Name     1 

Commencement   1 

Authority    1 

Schedules    1 

Schedule 1—Amendments  2

1  Name

  This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2024.

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 that Act.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

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

1  Section 4 Definitions

  1.       At the definition of 2023 ISSP rollover grant, omit “item”, substitute “section”.
  2.       At the definition of 2023 ISSP rollover grant, after “Act”, insert “, being the unspent component of an ISSP grant originally paid to the higher education provider in 2022, other than a 2023 ISSP second rollover grant”.
  3.       After the definition of 2023 ISSP rollover grant, insert “2023 ISSP second rollover grant means an ISSP grant taken to be granted to a higher education provider listed in column 2 of the table in section 6A for the grant year because of the combined operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2023 and section 38-40 of the Act, being the unspent component of an ISSP grant originally paid to the higher education provider in 2021.”
  4.       At the definition of 2024 ISSP rollover grant, after “year”, omit “, other than a grant comprising a 2024 ISSP further rollover grant”.
  5.       After the definition of 2024 ISSP rollover grant, insert “2024 ISSP third rollover grant means the unspent component of a 2023 ISSP second rollover grant that, because of the combined operation of this instrument and section 38-40 of the Act, is taken to be granted under Part 2-2A of the Act to a higher education provider listed in column 2 of the table in section 6A in respect of the 2024 calendar year.”

2  Section 5 Rollover of 2023 ISSP grant amounts

  1.       At Item 4, Column 3 of the table, omit “$156,395”, substitute “$281.874.99”.
  2.       Repeal Item 10 of the table.
  3.       At Item 19, Column 3 of the table, omit “$35,487.87”, substitute “26,042.07”.
  4.       At Item 22, Column 3 of the table, omit “$278,534.40”, substitute “248,747.50”.

3  Section 6 Further rollover of 2023 ISSP rollover grant amounts

  1.       At Item 2, Column 4 of the table, omit “292,000”, substitute “159,636.54”.
  2.       At Item 3, Column 4 of the table, omit “111,777”, substitute “92,867.00”.
  3.       At Item 6, Column 4 of the table, omit “$57,142”, substitute “$56,851.47”.
  4.       Repeal Item 8 of the table.
  5.       After Item 9 of the table, insert:

 

10.

La Trobe University

2023 ISSP rollover grant

$285,218.00

11.

The University of Melbourne

2023 ISSP rollover grant

$169,783.43

 

4 Before Section 7 Conditions on grants

  1.       Before Section 7 Conditions of grants, insert:

6A  Third rollover of 2023 ISSP second rollover grant amounts

(1) For the purposes of subsection 38-40(1) of the Act, the following is determined under subsection 38-40(3) of the Act:

(a) section 38-40 applies to a higher education provider specified in column 2 of the table in respect of the grant specified in column 3 of the table;

(b) the amount specified in column 4 of the table is the amount of the unspent amount of the grant specified in column 3 of the table.

 

Rollover of other grant amounts

Column 1

Column 2

Column 3

Column 4

Item

Higher education provider

Grant

Amount of unspent amount of grant

2.

Charles Sturt University

2023 ISSP second rollover grant

$7,430.90

3.

Federation University Australia

2023 ISSP second rollover grant

$18,910.00

10.

La Trobe University

2023 ISSP second rollover grant

$245,249.25

11.

The University of Melbourne

2023 ISSP second rollover grant

$94,186.19

Note 1: If section 38-40 is determined to apply to a higher education provider in respect of a grant, then the effect of subsection 3840(1) of the Act is to rollover the amount of the unspent amount of the grant that is determined to the next following year as a new grant under Part 2-2A of the Act.

Note 2: Section 164-15 of the Act provides that an overpayment of an amount made to a higher education provider may be deducted from a future amount payable or recovered as a debt due to the Commonwealth.

5 Section 7 Conditions on grants

  1.       Omit “and a 2024 ISSP further rollover grant”, substitute “, a 2024 ISSP further rollover grant, and a 2024 ISSP third rollover grant”.

6 Schedule 1 – Conditions, Item 1 Using a grant

  1.       At Item 5, Column 4 of the table, after “programs” insert “; and b) First Nations Student Connect – expansion of digital resources”.

 

  1.       At Item 6, Column 4 of the table, after “Innovation Fund;”, omit “ b) Community and student engagement activities; and c) First Nations Student Connect”, substitute  “and; Community and student engagement activities -  First Nations Ways of Knowing, Being and Doing Framework.”.
  2.       After Item 6 of the table, insert:
     

6A.

Charles Sturt University

2024 ISSP third rollover grant

a) First Nations Student Connect.

  1.       At Item 8, Column 3 of the table, omit “a) Culturally Safe Place; and b)      Community engagement activities”, substitute “a) 'Place of Being' - Culturally Safe Campuses - Stage 2 & 3; b) Industry Broker/Community engagement activities and coordination; and c) Fit out of Culturally Safe space for Aboriginal and Torres Strait Islander students.”.
  2.       At Item 9, Column 3 of the table, omit “Culturally Safe Place; b) Cultural wellbeing activities; and c) Pathways Project and events”, substitute “a) Cultural wellbeing activities; and b) Pathways Project and events.”.
  3.       After Item 9 of the table, insert:

 

9A.

Federation University Australia

2024 ISSP third rollover grant

a)  Delivery of cultural well-being activities.

 

  1.       At Item 13, Column 3 of the table, omit “2024 ISSP rollover grant”, substitute “2024 ISSP further rollover grant”.
  2.       At Item 13, Column 4 of the table, omit “Support programs for students and academics”, substitute “Indigenous Academic Enrichment Program”.
  3.       After Item 13 of the table, insert:

 

13A.

La Trobe University

2024 ISSP third rollover grant

a)  Indigenous Student Engagement Program; and

b)  Pathway Program.

 

  1.   After Item 20 of the table, insert:

 

20A.

The University of Melbourne

2024 ISSP further rollover grant

a)  Indigenous student wellbeing and engagement.

20B

The University of Melbourne

2024 ISSP third rollover grant

a)  Indigenous student wellbeing and engagement.

 

  1.   At Item 21, Column 4 of the table, omit “Pathways programs”, substitute “Online preparation for commencing First Nations students”.
  2.   At Item 26, Column 4 of the table, omit “a) Upgrade of student facilities; and b) Cultural programs for staff and students”, substitute “a) The Connected to Country Project”.
  3.   Repeal Item 29 of the table.

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2024 was enacted to amend the provisions related to the rollover of grant amounts under the Higher Education Support Act 2003. This determination was introduced to address the need for adjustments in the unspent components of Indigenous Student Success Program (ISSP) grants for higher education providers. The amendments are made under the authority of subsections 38-40(3) and 38-40(4) of the Higher Education Support Act 2003, with the aim of ensuring the efficient allocation and utilisation of grant funds to support Indigenous students in higher education. This legislative instrument was made by Stacey Bowden, as the Delegate of the Chief Executive Office of the National Indigenous Australians Agency, to ensure that the provisions are aligned with the policy objectives of the Indigenous Student Success Program.

Scope and Application

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2024 applies to the Indigenous Student Success Program (ISSP) grants within the framework of the Higher Education Support Act 2003. This determination specifically targets the rollover of unspent grant amounts from the 2023 grant year to the 2024 grant year, with modifications to the definitions and the amounts involved. It affects the specified higher education providers listed in the instrument, detailing the amounts of unspent grants that are eligible for rollover and the conditions under which these grants can be used. This amendment is geographically applicable within the Commonwealth of Australia, impacting institutions that are subject to the Higher Education Support Act 2003. The Act does not explicitly state any exclusions or exemptions in this amendment, but it is contingent upon the specific conditions outlined in the Act and the terms of the grant. The application of this determination extends through subordinate instruments as necessary to implement the rollover of grant amounts and the modifications to the definitions.

Key Provisions

The main operative sections of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2024 pertain to the amendments of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2024. These amendments, outlined in Schedule 1, involve redefinitions of certain terms and adjustments to the amounts of rollover grants for Indigenous Student Success Program (ISSP) grants for the years 2023 and 2024. For instance, Section 4 redefines the terms "2023 ISSP rollover grant" and "2024 ISSP rollover grant" to clarify the unspent components of these grants. Additionally, Section 5 modifies the amounts of rollover grants for specific higher education providers, while Section 6 adjusts the amounts for further rollover grants. The determination also introduces a third rollover of 2023 ISSP second rollover grant amounts under Section 6A. The Act imposes several obligations on the parties it governs, primarily related to the allocation and use of grant amounts. Higher education providers must adhere to the revised definitions and amounts specified in the amended determination. For instance, they must ensure that the unspent components of their grants are correctly identified and rolled over as per the new definitions. Additionally, the providers must comply with the conditions specified in Section 7, which govern the use of these grants for specified programs and activities. For example, the grants must be used for programs such as "First Nations Student Connect – expansion of digital resources" and "Indigenous Student Engagement Program," among others. Failure to comply with the provisions of this Act may result in civil and criminal consequences. Under Section 164-15 of the Higher Education Support Act 2003, an overpayment of a grant amount made to a higher education provider may be deducted from a future amount payable or recovered as a debt due to the Commonwealth. This means that any unspent or improperly used grant amounts may be reclaimed by the government. Additionally, breaches of the conditions on the use of grants could lead to further administrative or legal actions, although specific penalties are not detailed in the text. The consequences for non-compliance are intended to ensure that the grants are used effectively to support Indigenous student success in higher education.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.