Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 1) 2020

Administered by Department of Education

Legislation au F2020N00014 In force Notifiable Instrument

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Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 1) 2020

 

 

 

I, Stephen Baz, Delegate of the Chief Executive Officer, make the following determination.

Dated  29 January 2020

Stephen Baz

Senior Adviser, National Indigenous Australians Agency

 

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Rollover of ISSP grant amounts

6  Conditions on ISSP rollover grants

Schedule 1—ISSP rollover grants

 

 

 

 

 

 

 

 

 

 

 

1  Name

  This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 1) 2020.

2  Commencement

 This instrument commences on the day after it is registered.

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 determination 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.

Act means the Higher Education Support Act 2003.

administering officer means an employee in the National Indigenous Australians Agency.

grant year means the 2019 calendar year.

Guidelines means the Indigenous Student Assistance Grants Guidelines 2017.

ISSP grant means a grant provided for under section 5 of the Guidelines in the grant year.

ISSP rollover grant means the amount of the unspent amount of an ISSP grant received by a higher education provider listed in column 2 of the table in clause 5 for the grant year that, because of the combined operation of this Determination and section 38-40 of the Act, is taken to be granted to the higher education provider under Part 2-2A of the Act in respect of the 2020 calendar year.

5  Rollover of ISSP 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 the following higher education providers in respect of the ISSP grant:

 (i) Griffith University; and

 (ii) Flinders University of South Australia.

 

 (b) the amount specified in column 3 of the table is the amount of the unspent amount of the ISSP grant of a higher education provider specified in column 2 of the table.

 

 

 

Column 1

Column 2

Column 3

Item

Higher education provider

Amount of unspent amount of ISSP grant

1.

Griffith University

$200,000.00

2.

Flinders University of South Australia

$196,887.45

 

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: The 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.

Note 3: 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.

6  Conditions on ISSP rollover 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 an ISSP 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.

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Schedule 1—ISSP rollover grants

1  Using an ISSP rollover grant

 (1) A higher education provider specified in column 2 of the table must use the provider’s ISSP rollover grant:

 (a) to administer and deliver the activity or activities specified in column 3 of the table for the provider; and

 (b) in the 2020 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

Item

Higher education provider

Activity

1.

Griffith University

Upgrade to student support facilities at Logan and Nathan campuses including:

  1.        the upgrade of computers and ergonomic computer accessories, and
  2.        maintenance of the facilities including painting, replacing soft furnishings, upgrading of the kitchen etc.

2.

Flinders University of South Australia

To complete the following projects:

  1.        construction of a confidential space for wellbeing and counselling consultations,
  2.        supplement Indigenous Commonwealth Accommodation Scholarships with a new accommodation scholarships for Indigenous students residing on campus at either Student Hall or Deidre Jordan Village,
  3.        employing a Kaurna Elder in residence,
  4.        provision of artwork in Indigenous student learning space, and
  5.        developing a creative arts pathways and leadership program.

 

 (2) A higher education provider must not use an ISSP rollover grant to administer any aspect of the provider’s business other than delivery of the activity or activities specified for the provider in sub-item (1).   

2  Payment to a person to deliver activities

 (1) Subject to sub-item (2), a higher education provider may use an ISSP rollover grant to pay a person or organisation to deliver an activity specified for the provider in sub-item 1(1) of Schedule 1 to this instrument.

 (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 an ISSP rollover grant must give the reports specified in column 2 of the table for activities delivered using the grant to the Minister by the day specified in column 3 of the table.

 

Reporting

Column 1

Column 2

Column 3

Item

Report

Date

1. 

Acquittals report

Last business day of April of 2021

2.

Performance report

Last business day of April of 2021

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 the ISSP rollover grant.

 (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 an ISSP rollover grant.

 

 

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 1) 2020 was enacted to address the issue of unspent grant amounts from the Indigenous Student Success Program (ISSP) for the 2019 calendar year. This determination allows certain unspent grant amounts to be rolled over to the following year under the Higher Education Support Act 2003. It was made under subsection 38-40(3) and subsection 38-40(4) of the Act by Stephen Baz, a Delegate of the Chief Executive Officer of the National Indigenous Australians Agency. The policy objective is to ensure that unspent funds from the ISSP are used effectively to support Indigenous students in higher education by rolling over the unspent grant amounts to the next financial year. This approach aims to maximise the impact of the funding and support Indigenous student success initiatives.

Scope and Application

This legislation, the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 1) 2020, applies to Griffith University and Flinders University of South Australia, specifically in relation to the rollover of unspent grant amounts from the Indigenous Student Success Program (ISSP) grants for the 2019 calendar year into the 2020 calendar year. The Act is made under the Higher Education Support Act 2003 and applies to the unspent amounts of ISSP grants as determined by the National Indigenous Australians Agency. The determination specifies that the rollover grants are to be used strictly for the activities outlined in the determination for each respective university, such as facility upgrades and specific project completions at Griffith University, and wellbeing and scholarship projects at Flinders University of South Australia. The legislation also mandates that any payments for delivering these activities must prioritise Indigenous persons or organisations that employ or train Indigenous persons. Furthermore, the legislation requires these institutions to submit specific reports to the Minister by certain deadlines, including acquittals and performance reports, and adheres to additional requirements outlined in the Indigenous Student Assistance Grants Guidelines 2017.

Key Provisions

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 1) 2020 establishes the rollover of unspent grant amounts from the Indigenous Student Success Program (ISSP) for the 2019 grant year to the 2020 calendar year for specific higher education providers. This determination applies to Griffith University and Flinders University of South Australia, as specified in section 5(a) and the accompanying table. The rollover is permitted under subsection 38-40(1) of the Higher Education Support Act 2003 (the "Act") and is detailed in section 5(b), which specifies the unspent grant amounts for each institution. Section 6 outlines the conditions that apply to the ISSP rollover grants. Higher education providers are required to use the grant to administer and deliver specific activities as outlined in Schedule 1, such as upgrades to student support facilities or the completion of various projects. The use of the grant must be strictly for the specified activities and cannot extend to other business operations of the provider. Furthermore, when hiring personnel or procuring services for these activities, providers must prioritise Indigenous individuals and organisations that offer employment or training opportunities to Indigenous persons. Providers must also submit specific reports to the Minister by the last business day of April 2021, including an acquittals report and a performance report. Providers are also subject to certain obligations concerning the use and reporting of the rollover grants. As per Schedule 1, the grant must be used solely for the specified activities and not for any other business operations. Additionally, providers can pay third parties to deliver these activities but must give priority to Indigenous individuals and organisations that support Indigenous employment or training. Reporting requirements include submitting an acquittals report and a performance report by the specified deadlines, with the option to combine these reports with other required ISSP reports. Administering officers may request revisions to these reports or additional information, which must be provided within ten business days or as specified in writing by the administering officer. The Act includes provisions for consequences of non-compliance with the conditions set forth in this determination. Section 22-15 of the Act allows for the revocation of a higher education provider’s approval if they breach the conditions of a grant. Additionally, under Part 2-5 of the Act, providers may face reduced grants or be required to repay amounts for breaches. Section 164-15 further stipulates that overpayments may be deducted from future amounts payable or recovered as a debt due to the Commonwealth. Although specific penalties are not detailed in this determination, these provisions outline the potential civil and financial consequences for non-compliance.

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Education Law
Indigenous Peoples & Native Title Law
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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.