Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2023
made under subsection 38-40(3) and subsection 38-40(4) of the
Higher Education Support Act 2003
Compilation No. 1
Compilation date: 21 November 2023
Includes amendments up to: F2023N00539
About this compilation
This compilation
This is a compilation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2023 that shows the text of the law as amended and in force on 21/11/2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
3 Authority
4 Definitions
5 Rollover of 2022 ISSP grant amounts
6 Further rollover of 2022 ISSP rollover grant amounts
7 Conditions on grants
Schedule 1—Conditions
1 Name
This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2023.
3 Authority
This instrument is made under subsection 38-40(3) and subsection 38-40(4) of the Act for the purposes of Part 2-2A of the Act.
4 Definitions
Note: A number of expressions used in this instrument are defined in Schedule 1 of the Act, including the following:
(a) annual financial reporting period;
(b) higher education provider.
These expressions are identified in italics in this determination.
In this instrument:
2022 ISSP grant means an ISSP grant to a higher education provider listed at paragraph 5(1)(a) in respect of the grant year, other than a grant that is taken to be granted in respect of the grant year because of an instrument under section 38-40 of the Act.
2022 ISSP rollover grant means an ISSP grant taken to be granted to a higher education provider listed in column 2 of the table in item 6 for the grant year because of the combined operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2022 and section 38-40 of the Act.
2023 ISSP further rollover grant means the unspent component of a 2022 ISSP 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 at in column 2 of the table in section 6 in respect of the 2023 calendar year.
2023 ISSP rollover grant means the unspent component of an ISSP 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 at paragraph 5(1)(a) in respect of the 2023 calendar year, other than a grant comprising a 2023 ISSP further rollover grant.
Act means the Higher Education Support Act 2003.
administering officer means an employee in the National Indigenous Australians Agency.
grant year means the 2022 calendar year.
Guidelines means the Indigenous Student Assistance Grants Guidelines 2017.
ISSP grant means a grant provided to a higher education provider under the Guidelines.
5 Rollover of 2022 ISSP 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 each of the following higher education providers in respect of their 2022 ISSP grant:
(i) Australian Catholic University;
(ii) Batchelor Institute of Indigenous Tertiary Education;
(iii) Central Queensland University;
(iv) Charles Sturt University;
(v) Edith Cowan University
(vi) Federation University Australia;
(vii) Flinders University;
(viii) Griffith University;
(ix) James Cook University;
(x) La Trobe University;
(xi) Macquarie University;
(xii) Monash University;
(xiii) Royal Melbourne Institute of Technology;
(xiv) Swinburne University of Technology
(xv) The University of Adelaide;
(xvi) The University of Canberra;
(xvii) The University of Melbourne;
(xviii) The University of New England;
(xix) The University of New South Wales;
(xx) The University of Newcastle;
(xxi) The University of Queensland;
(xxii) The University of Sydney;
(xxiii) The University of Tasmania;
(xxiv) The University of Western Australia.
(b) the amount specified in column 3 of the table is the amount of the unspent amount of the 2022 ISSP grant of a higher education provider specified in column 2 of the table.
Rollover of ISSP grant amounts | |||
Column 1 | Column 2 | Column 3 | |
Item | Higher education provider | Amount of unspent amount of 2022 ISSP grant | |
1. | Australian Catholic University | $352,370.59 | |
2. | Batchelor Institute of Indigenous Tertiary Education | $105,953 | |
3. | Central Queensland University | $40,200.58 | |
4. | Charles Sturt University | $159,636.54 | |
5. | Edith Cowan University | $105,631 | |
6. | Federation University Australia | $208,136 | |
7. | Flinders University | $5,000 | |
8. | Griffith University | $494,000 | |
9. | James Cook University | $160,000 | |
10. | La Trobe University | $285,218 | |
11. | Macquarie University | $217,712.12 | |
12. | Monash University | $186,769 | |
13. | Royal Melbourne Institute of Technology | $809.45 | |
14. | Swinburne University of Technology | $181,941.97 | |
15. | The University of Adelaide | $230,379.44 | |
16. | The University of Canberra | $395,370 | |
17. | The University of Melbourne | $169,783.43 | |
18. | The University of New England | $129,058 | |
19. | The University of New South Wales | $459,367.06 | |
20. | The University of Newcastle | $105,000 | |
21. | The University of Queensland | $279,883.20 | |
22. | The University of Sydney | $126,503 | |
23. | The University of Tasmania | $106,250 | |
24. | The University of Western Australia | $148,331.23 | |
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 38‑40(1) of the Act is to rollover the amount of the unspent amount of the grant that is determined as a grant made under Part 2-2A of the Act in respect of the next following year .
Note 2: The 2023 ISSP rollover grant amount for a higher education provider listed in paragraph (a) is the amount specified in column 3 of the table for the provider.
6 Further rollover of 2022 ISSP rollover grant amounts
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 | |
1. | Central Queensland University | 2022 ISSP rollover grant | $64,036.77 | |
2. | Charles Sturt University | 2022 ISSP rollover grant | $775,000 | |
3. | Federation University Australia | 2022 ISSP rollover grant | $44,990 | |
4. | Flinders University | 2022 ISSP rollover grant | $82,000 | |
5. | James Cook University | 2022 ISSP rollover grant | $140,000 | |
6. | La Trobe University | 2022 ISSP rollover grant | $526,137 | |
7. | Queensland University of Technology | 2022 ISSP rollover grant | $145,000 | |
8. | Royal Melbourne Institute of Technology | 2022 ISSP rollover grant | $239,632.60 | |
9. | University of Adelaide | 2022 ISSP rollover grant | $35,581 | |
10. | University of New England | 2022 ISSP rollover grant | $47,834.48 | |
11. | University of Queensland | 2022 ISSP rollover grant | $37,009.32 | |
12. | University of Sydney | 2022 ISSP rollover grant | $177,150 | |
13. | University of Melbourne | 2022 ISSP rollover grant | $261,131.38 | |
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 38‑40(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.
7 Conditions on grants
For the purposes of paragraph 38-40(2)(b) of the Act, the conditions in Schedule 1 to this instrument are determined under subsection 38‑40(4) of the Act to apply to a 2023 ISSP rollover grant and a 2023 ISSP further rollover grant.
Note 1: A higher education provider’s approval may be revoked if, among other things, the provider breaches a condition of a grant made to the body under Part 2-2A of the Act: see section 22-15 of the Act.
Note 2: Part 2-5 of the Act provides that a higher education provider may have their grants reduced, or be required to repay a grant, for breaches of conditions of grants, including grants under Part 2-2A of the Act.
Schedule 1—Conditions
1 Using a grant
(1) A higher education provider specified in column 2 of the table must use the grant in column 3 of the table:
(a) to administer and deliver the activity or activities specified in column 4 of the table for the provider; and
(b) in the 2023 calendar year, unless the Chief Executive Officer has made a determination under subsection 38-40 of the Act in relation to the provider in the next following year.
Description of activity |
|
| ||
Column 1 | Column 2 | Column 3 | Column 4 | |
Item | Higher education provider | Grant | Activity | |
1. | Australian Catholic University | 2023 ISSP rollover grant | a) Postgraduate pipeline programs; b) Teaching and learning projects; and c) Elders and Community Leaders projects. | |
2. | Batchelor Institute of Indigenous Tertiary Education | 2023 ISSP rollover grant | a) Upgrade of Learning Management Systems and provide face-to-face student support. | |
3. | Central Queensland University | 2023 ISSP rollover grant | a) Tutorial assistance; b) Project officer; and c) Cultural safe space/place | |
4. | Central Queensland University | 2023 ISSP further rollover grant | a) Development of podcasts and videos promoting cultural practices; b) Evaluation of the University’s First Nations strategies, policies and programs. | |
5. | Charles Sturt University | 2023 ISSP rollover grant | a) Student and alumni innovation fund; b) Community and student engagement activities. | |
6. | Charles Sturt University | 2023 ISSP further rollover grant | a) Revitalisation of First Nations Student centres; b) Development of digital student services/resources; c) Awards and welcome activities; d) Outreach and re-engagement programs. | |
7. | Edith Cowan University | 2023 ISSP rollover grant | Delivery of a student journey map project. | |
8. | Federation University Australia | 2023 ISSP rollover grant | a) Pathways project and events; b) Cultural wellbeing activities. | |
9. | Federation University Australia | 2023 ISSP further rollover grant | a) Development of culturally safe space on campus; b) Delivery of cultural competency training; c) Delivery of cultural well-being activities. | |
10. | Flinders University | 2023 ISSP rollover grant | Pathways program. | |
11. | Flinders University | 2023 ISSP further rollover grant | Scholarships that provide additional accommodation support. | |
12. | Griffith University | 2023 ISSP rollover grant | Delivery of First Peoples Student Success. | |
13. | James Cook University | 2023 ISSP rollover grant and 2023 ISSP further rollover grant | Support for pre-entry programs. | |
14. | La Trobe University | 2023 ISSP rollover grant | a) Delivery of Indigenous student success; b) Indigenous student engagement program; c) Pathway programs; d) Indigenous academic enrichment programs; and e) Community engagement projects. | |
15. | La Trobe University | 2023 ISSP further rollover grant | Indigenous student centre upgrades and Indigenous Student engagement and well-being. | |
16. | Macquarie University | 2023 ISSP rollover grant | Student success services. | |
17. | Monash University | 2023 ISSP rollover grant | a) Orientation camp; b) Indigenous experience camp; c) Leadership program; d) On-Country experiences; e) Cultural workshops; f) Indigenous staff networking; and g) Indigenous research and strategy forum. | |
18. | Queensland University of Technology | 2023 ISSP further rollover grant | Improving the delivery of tutorial support. | |
19. | Royal Melbourne Institute of Technology | 2023 ISSP rollover grant | Improving and expanding supplementary academic support through the implementation of the tutoring portal. | |
20. | Royal Melbourne Institute of Technology | 2023 ISSP further rollover grant | Improving and expanding supplementary academic support. | |
21. | Swinburne University of Technology | 2023 ISSP rollover grant | a) Indigenous laptop scholarships; b) Indigenous accommodation scholarships; c) Indigenous VET transition scholarships; d) ‘On Country’ Leadership and Cultural Camp; and e) Indigenous Student Charter. | |
22. | The University of Adelaide | 2023 ISSP rollover grant | Indigenous Portfolio Review Project. | |
23. | The University of Adelaide | 2023 ISSP further rollover grant | Cultural recognition and student facilities. | |
24. | The University of Canberra | 2023 ISSP rollover grant | Success of Indigenous students. | |
25. | The University of Melbourne | 2023 ISSP rollover grant | Indigenous Student engagement and well-being. | |
26. | The University of New England | 2023 ISSP rollover grant | a) Cultural competency programs; b) Empowering student voices. | |
27. | The University of New England | 2023 ISSP further rollover grant | a) Improving the tutorial assistance program; b) Student/community engagement resources. | |
28. | The University of New South Wales | 2023 ISSP rollover grant | a) Enhancing Indigenous success; b) Outreach programs; and c) Cultural and educational exchange programs. | |
29. | The University of Newcastle | 2023 ISSP rollover grant | a) Higher Degree Research retreats; b) Student ambassadors program. | |
30. | The University of Queensland | 2023 ISSP rollover grant | Indigenous Outreach, Recruitment and Student Success Services. | |
31. | The University of Queensland | 2023 ISSP further rollover grant | Top up/ hardship scholarships. | |
32. | The University of Sydney | 2023 ISSP rollover grant | Accommodation scholarships. | |
33. | The University of Sydney | 2023 ISSP further rollover grant | a) Accommodation support; b) Outreach activities. | |
34. | The University of Tasmania | 2023 ISSP rollover grant | a) Community Artwork; b) Cultural Fellowship. | |
35. | The University of Western Australia | 2023 ISSP rollover grant | Increasing Indigenous access and enrolments. | |
36. | The University of Melbourne | 2023 ISSP rollover grant | Indigenous Student engagement and well-being. | |
(2) A higher education provider must not use a grant specified in column 3 of the table in sub-item (1) to administer any aspect of the provider’s business other than delivery of the activity or activities specified for the provider in column 4 of the table in sub-item (1) in respect of the grant.
2 Payment to a person to deliver activities
(1) Subject to sub-item (2), a higher education provider may use a grant specified in column 3 of the table in sub-item 1(1) to pay a person or organisation to deliver an activity specified for the provider in column 4 of the table in sub-item 1(1) in respect of the grant.
(2) In recruiting a person to deliver an activity, a higher education provider must give priority to Indigenous persons.
(3) In procuring an organisation to deliver an activity, a higher education provider must give priority to organisations that employ, or provide training opportunities for, Indigenous persons.
3 Reporting
(1) A higher education provider that receives a grant specified in column 3 of the table in sub-item 1(1) must give the reports specified in column 2 of the table in this sub-item for activities delivered using the grant to the Minister by the day specified in column 3 of the table in this sub-item.
Reporting | ||
Column 1 | Column 2 | Column 3 |
Item | Report | Date |
1. | Acquittals report | Last business day of April of 2024 |
2. | Performance report | Last business day of April of 2024 |
Note: In addition to the reports specified in column 2 of the table, paragraph 19-10(1)(a) of the Act provides that a higher education provider must give to the Minister a financial statement for each annual financial reporting period for the provider in which the provider receives assistance under Chapter 2 of the Act.
(2) In giving a report to the Minister under sub-item (1), a higher education provider may:
(a) give the acquittals report with the acquittals report for an ISSP grant the provider is required to give to the Minister under item 1 of the table in subsection 17(1) of the Guidelines; and
(b) give the performance report with the performance report for an ISSP grant the provider is required to give to the Minister under item 2 of the table in subsection 17(1) of the Guidelines.
(3) An administering officer may request a higher education provider revise a report described in column 2 of the table in sub-item (1) if the administering officer reasonably considers that the form or content of the report is unsatisfactory.
(4) An administering officer may request any additional information or reports about the use of a grant specified in column 3 of the table in sub-item 1(1) from a higher education provider.
(5) A higher education provider must comply with a reasonable request under sub‑items (3) or (4) within 10 business days of the request, or a longer period specified by an administering officer in writing.
4 Application of the Guidelines
The requirements of subsections 14(2) and (3), section 15 (other than paragraph (a)), section 16, section 35, section 36 and section 37 of the Guidelines apply to a grant specified in column 3 of the table in sub-item 1(1) as if it were a grant provided for under section 5 of the Guidelines.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | par = paragraph(s)/subparagraph(s) |
amdt = amendment | /sub‑subparagraph(s) |
c = clause(s) | pres = present |
C[x] = Compilation No. x | prev = previous |
Ch = Chapter(s) | (prev…) = previously |
def = definition(s) | Pt = Part(s) |
Dict = Dictionary | r = regulation(s)/rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
o = order(s) | commenced or to be commenced |
Ord = Ordinance |
|
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2023 | 20 April 2023 (F2023N00083) | 21 April 2023 |
|
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2023 | 20 November 2023 (F2023N00539) | 21 November 2023 |
|
Endnote 4—Amendment history
Provision affected | How affected |
Section 2 | rep LA s 48D |
Section 5 | am F2023N00539 |
Section 6 | am F2023N00539 |
Schedule 1, Section 1 | am F2023N00539 |