Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2019

Administered by Department of Education

Legislation au F2019N00054 In force Notifiable Instrument

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Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2019

 

 

 

I, Peter Kay, Delegate of the Chief Executive Officer, make the following determination.

Dated 10 July 2019   

Peter Kay

Senior Adviser, National Indigenous Australians Agency

 

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Rollover of ISSP grant amounts

6  Rollover of University of Adelaide rollover grant amount

7  Conditions on ISSP rollover grants or University of Adelaide rollover grant

Schedule 1—ISSP rollover grants and University of Adelaide Rollover Grant

 

 

 

 

 

 

 

 

 

 

 

1  Name

  This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2019.

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;

(c)  officer;

(d)  postgraduate course of study;

(e)  student.

 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 2018 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 2019 calendar year.

University of Adelaide rollover grant means the amount of the unspent amount of the ISSP rollover grant made under 38-40 received by the University of Adelaide 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 University of Adelaide under Part 2-2A of the Act in respect of the 2019 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) Batchelor Institute of Indigenous Tertiary Education;

 (ii) Edith Cowan University; and

 (iii) University of Newcastle.

 

 (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

$20,433

2.

Edith Cowan University

$304,500

3.

University of Newcastle

$678,451

 

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  Rollover of University of Adelaide rollover grant amount

    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 University of Adelaide in respect of the grant taken to have been provided to the University of Adelaide in respect of the grant year under the Higher Education Support (Indigenous Student Success Program)(Rollover of Grant Amounts)Determination (No. 2) 2018:

 

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

 

 

 

Column 1

Column 2

Column 3

Item

Higher education provider

Amount of unspent amount of ISSP grant

1.

University of Adelaide

$120,882

 

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 University of Adelaide 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.

7  Conditions on ISSP rollover grants or University of Adelaide rollover grant

  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 or University of Adelaide 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 and University of Adelaide rollover grant

1  Using an ISSP rollover grant or University of Adelaide rollover grant

 (1) A higher education provider specified in column 2 of the table must use the provider’s ISSP rollover grant or University of Adelaide 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 2019 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. 

Batchelor Institute of Indigenous Tertiary Education

Establish the Indigenous Methodologies course with a focus on Indigenous societies, cultures and histories.

2.

Edith Cowan University

a.  Reach-back activity for Year 10 – 12 Indigenous students to attend camp and raise aspirations to study at University;

b.    Upgrade outdated Indigenous Centres at three campuses;

c.  Evaluation Project: to review the success of Indigenous recruitment and Indigenous outreach activities and to establish baselines for progress and retention; and

d.    Review and re-design current Indigenous programs to increase
      access and retention.

3 

University of Newcastle

a.  First People YLAB: To develop and then evaluate a new Indigenous program which will link Indigenous alumni with students to establish a mentoring and coaching program;

b.    Turukillko “Grow” Academic Program: To develop and evaluate a new Indigenous program which will link Indigenous students to academics, social and cultural groups who will share information that ensures students stay in their course and creates a mentoring path into employment via industry engagement;

c.   Deadly Streaming: A Reach-back activity for Year 5-8 Indigenous students to encourage a cultural identity that leads to improved education outcomes for the students and in turn encourages the University option; and

d.    Indigenous Summer Camp: A Reach-back activity for Indigenous
       high school students to introduce prospective Indigenous students to
       University life and to raise awareness about how to fulfil their
       academic potential and career decisions.

4.

University of Adelaide

To complete the following projects:

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 or University of Adelaide 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 or University of Adelaide 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 or University of Adelaide 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 2020

2.

Performance report

Last business day of April of 2020

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 or University of Adelaide 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 or University of Adelaide rollover grant.

 

 

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2019 was introduced to address the gap in the effective utilisation of unspent funds within the Indigenous Student Success Program (ISSP) by ensuring these funds are rolled over and used for specific purposes in the subsequent year. This instrument was enacted by Peter Kay, Delegate of the Chief Executive Officer, under the Higher Education Support Act 2003. The policy objective of this determination is to support the continued success of Indigenous students in higher education by providing specific grants to designated higher education providers for targeted initiatives that enhance Indigenous student outcomes. This determination allows for the rollover of unspent ISSP grants to Batchelor Institute of Indigenous Tertiary Education, Edith Cowan University, and University of Newcastle, as well as a rollover grant to the University of Adelaide, for the 2019 calendar year. The funds are to be used for specific activities aimed at improving Indigenous student engagement, retention, and success, with conditions imposed on the use and reporting of these funds to ensure accountability and effectiveness.

Scope and Application

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2019 applies to specific higher education providers, namely the Batchelor Institute of Indigenous Tertiary Education, Edith Cowan University, the University of Newcastle, and the University of Adelaide. These institutions are selected for the rollover of their unspent Indigenous Student Success Program (ISSP) grant amounts from the 2018 calendar year to the 2019 calendar year, as stipulated under subsection 38-40(3) of the Higher Education Support Act 2003. The determination sets out the amounts of unspent ISSP grants for each of these institutions, which are to be treated as new grants for the 2019 calendar year under Part 2-2A of the Act. Additionally, the University of Adelaide is also subject to the rollover of its ISSP rollover grant amount from the previous year, as per subsection 38-40(4). The determination outlines specific conditions that must be met by these providers in using the rollover grants, such as the priority to be given to Indigenous persons and organisations when delivering activities, and the requirement to submit specific reports to the Minister by certain deadlines. This legislation is applicable nationally, as it is enacted under Commonwealth law.

Key Provisions

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2019 provides the specific details and conditions for the rollover of unspent grant amounts under the Indigenous Student Success Program (ISSP) for certain higher education providers. Section 5 of the Determination specifies that the unspent amounts of ISSP grants from the 2018 calendar year for Batchelor Institute of Indigenous Tertiary Education, Edith Cowan University, and the University of Newcastle will be rolled over to the 2019 calendar year as new grants under Part 2-2A of the Higher Education Support Act 2003 (the Act). The exact amounts of the unspent ISSP grants are detailed in a table in Section 5. Similarly, Section 6 outlines that the unspent amount of the ISSP rollover grant from the University of Adelaide for the 2018 calendar year will be rolled over as a new grant for the 2019 calendar year. The Determination imposes specific obligations on the higher education providers who receive these rollover grants. Section 7 establishes that these rollover grants must be used strictly for the specified activities outlined in Schedule 1. For example, Batchelor Institute of Indigenous Tertiary Education must use its rollover grant to establish the Indigenous Methodologies course, while Edith Cowan University has multiple activities including reach-back activities for Indigenous students and the evaluation of Indigenous recruitment efforts. Additionally, Section 7(2) stipulates that the grants cannot be used for any other purpose beyond these specified activities. Furthermore, Section 7 provides guidelines on the permissible use of the grants for paying persons or organisations to deliver the specified activities, with a mandate to prioritise Indigenous persons and organisations. It also mandates specific reporting requirements, such as submitting acquittals and performance reports to the Minister by the last business day of April 2020. The Determination allows for the administering officer to request revisions to these reports or additional information and requires compliance within a specified timeframe. In terms of consequences for non-compliance, the Act provides several potential outcomes. If a higher education provider breaches a condition of a grant, their approval may be revoked under Section 22-15 of the Act. Additionally, Part 2-5 of the Act allows for reductions in future grants or the requirement to repay grants for breaches of grant conditions. While the Determination does not specify maximum penalties, breaches of conditions under the Act may result in significant financial and administrative repercussions for the non-compliant higher education providers.

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Definitions & Interpretation
Reporting & Disclosure Obligations
Conditions on Grants

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