Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2018

Administered by Department of Education

Legislation au F2018N00048 In force Notifiable Instrument

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Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2018

 

 

 

I, Peter Kay, Delegate of the Secretary, make the following determination.

Dated 1 June 2018   

Peter Kay

Senior Adviser, Department of the Prime Minister and Cabinet

 

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Rollover of ISSP grant amounts

6  Conditions on ISSP rollover grant

Schedule 1—ISSP rollover grants

 

 

 

 

 

 

 

 

 

 

 

1  Name

  This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2018.

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 these Guidelines are defined in Schedule 1 of the Act, including the following:

(a)  annual financial reporting period;

(b)  higher education provider;

(c)  officer;

(d)  postgraduate course of study;

(e)  student.

 These expressions are identified in italics in these Guidelines.

Act means the Higher Education Support Act 2003.

administering officer means an employee in the Department administered by the Minister administering Part 2-2A of the Act.

grant year means the 2017 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 for the grant year that, because of section 38-40 of the Act, is taken to be granted to a higher education provider under Part 2-2A of the Act in respect of the next following 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:

 (i) Batchelor Institute of Indigenous Tertiary Education; and

 (ii) University of Adelaide; and

 (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.

Batchelor Institute of Indigenous Tertiary Education

$47,506

2.

University of Adelaide

$233,500

 

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 sections 19-65 and 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—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 2018 calendar year, unless the Secretary 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. 

Batchelor Institute of Indigenous Tertiary Education

Establishment of the Higher Degree by Research Candidate Scholarship Framework.

 

2.

University of Adelaide

a.  Creation of an Indigenous student Annual Academic Action Pack;

b.  Increase of community outreach and engagement in a culturally safe and appropriate way by delivering the Marni Wingku Roadshow; and

c.  Establishment of an identified space for Indigenous students in each Faculty.

 (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).   

3  Payment 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 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. 

4  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  2019

2.

Performance report

Last business day of April of 2019

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. 

5  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. 2) 2018 was enacted to address the issue of unspent grant amounts from the Indigenous Student Success Program (ISSP) for the 2017 calendar year and to ensure these funds can be utilised in the following year. This determination was made by Peter Kay, the Delegate of the Secretary, under subsection 38-40(3) and subsection 38-40(4) of the Higher Education Support Act 2003, to facilitate the rollover of these unspent grants to the next financial year. The policy objective of this determination is to allow specified higher education providers, including the Batchelor Institute of Indigenous Tertiary Education and the University of Adelaide, to continue supporting initiatives aimed at enhancing Indigenous student success by utilising the unspent grant amounts from the previous year. These rollover grants must be used specifically for the activities outlined in the determination, with strict conditions on their application and reporting to ensure accountability and effectiveness.

Scope and Application

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2018 applies to certain higher education providers, specifically the Batchelor Institute of Indigenous Tertiary Education and the University of Adelaide, and pertains to the rollover of unspent Indigenous Student Success Program (ISSP) grant amounts from the 2017 calendar year to the next following year. This rollover is governed under Part 2-2A of the Higher Education Support Act 2003. The instrument outlines the specific amount of unspent ISSP grant for each eligible higher education provider and stipulates that these amounts are to be considered as new grants for the next year. Additionally, the instrument sets forth conditions under which the rollover grants can be used, mandating that they must be directed towards specified activities aimed at supporting Indigenous students, such as the establishment of scholarship frameworks and outreach programs. The conditions also include provisions for the priority recruitment of Indigenous persons and organisations for delivering these activities, and require the higher education providers to submit specific reports on the use of these grants to the Minister by certain deadlines. Furthermore, the instrument allows for the application of certain provisions from the Indigenous Student Assistance Grants Guidelines 2017 to the ISSP rollover grants.

Key Provisions

The main operative sections of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2018 (the Determination) establish the rollover of unspent grant amounts from the Indigenous Student Success Program (ISSP) for specific higher education providers for the next financial year. Section 5(a) specifies that the determination applies to two higher education providers: the Batchelor Institute of Indigenous Tertiary Education and the University of Adelaide. Section 5(b) then lists the specific unspent grant amounts for each of these providers, totalling $47,506 for the Batchelor Institute and $233,500 for the University of Adelaide. These amounts are to be rolled over as new grants under Part 2-2A of the Higher Education Support Act 2003. The Determination imposes several obligations on the higher education providers. Firstly, it mandates that these providers must use the rollover grant amounts for specified activities aimed at supporting Indigenous students. For instance, the Batchelor Institute must use its grant to establish a Higher Degree by Research Candidate Scholarship Framework, while the University of Adelaide must create an Indigenous student Annual Academic Action Pack, increase community outreach through the Marni Wingku Roadshow, and establish identified spaces for Indigenous students in each faculty. Furthermore, the providers must prioritise Indigenous persons and organisations when delivering these activities and when procuring services to support these activities. Additionally, the providers are required to submit specific reports on the use of the grant, including an acquittals report and a performance report by the last business day of April 2019. The Determination also outlines the consequences for non-compliance. If a higher education provider breaches the conditions attached to the ISSP rollover grant, their approval to receive grants may be revoked, and they may be required to repay the grant. Such breaches may also lead to a reduction in future grants or other penalties as outlined in the Higher Education Support Act 2003. Moreover, any overpayment of the grant amount may be deducted from future payments or recovered as a debt due to the Commonwealth. These provisions ensure that the rollover grant amounts are used for their intended purposes and that there are consequences for misuse of the funds.

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