Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2020

Administered by Department of Education

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Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2020

 

 

 

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

Dated  11 February 2020

Stephen Baz

Senior Adviser, National Indigenous Australians Agency

 

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Rollover of University of Newcastle rollover grant amount

6  Conditions on University of Newcastle rollover grant

Schedule 1— University of Newcastle rollover grant

 

 

 

 

 

 

 

 

 

 

 

1  Name

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

(c)  officer;

(d)  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 2019 calendar year.

Guidelines means the Indigenous Student Assistance Grants Guidelines 2017.

University of Newcastle rollover grant means the amount of the unspent amount of the ISSP rollover grant made under 38-40 received by the University of Newcastle 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 Newcastle under Part 2-2A of the Act in respect of the 2020 calendar year.

5 Rollover of University of Newcastle 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:

  1.     the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2019 provided that the funding was to be used for four projects to be completed in 2019. As one of these projects is outstanding, the funding for this project is rolled over to 2020.
  2.     the amount specified in column 3 of the table is the amount of the unspent amount of the grant for this project.

 

 

 

Column 1

Column 2

Column 3

Item

Higher education provider

Amount of unspent amount of ISSP grant

1.

University of Newcastle

$107, 200 

 

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 Newcastle 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 University of Newcastle 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 the University of Newcastle 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— University of Newcastle rollover grant

1  Using a University of Newcastle rollover grant

 (1) The University of Newcastle must use the 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. 

University of Newcastle

  1.        A partnership with Foundation for Young Australians to set up a First Peoples Practice under the YLab program to engage Indigenous students as interns and associates to co-design solutions, delivering high quality online and face-to-face experiences for Indigenous young people.

 

 (2) The University of Newcastle must not use the 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), the University of Newcastle may use the rollover grant to pay a person or organisation to deliver an activity specified for them in sub-item 1(1) of Schedule 1 to this instrument.

 (2) In recruiting a person to deliver an activity, the University of Newcastle must give priority to Indigenous persons.

 (3) In procuring an organisation to deliver an activity, the University of Newcastle must give priority to organisations that employ, or provide training opportunities for, Indigenous persons. 

3  Reporting

 (1) The University of Newcastle 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), the University of Newcastle 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 University of Newcastle 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 the University of Newcastle rollover grant.

 

 

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2020 was enacted to facilitate the rollover of unspent grant amounts from the 2019 Indigenous Student Success Program (ISSP) to the 2020 calendar year, specifically for the University of Newcastle. This determination was introduced to address the need to ensure that incomplete projects funded under the ISSP could continue without interruption. The instrument was made under the Higher Education Support Act 2003 by Stephen Baz, a delegate of the Chief Executive Officer, and it aims to ensure that unspent funds from the previous year can be utilised effectively in the subsequent year to support Indigenous students. The policy objective is to maintain continuity in the delivery of educational support services to Indigenous students, ensuring that educational programs and initiatives can proceed without financial setbacks.

Scope and Application

This instrument, the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2020, applies to the University of Newcastle as a higher education provider under the Higher Education Support Act 2003. The determination concerns the rollover of an unspent amount of an Indigenous Student Success Program (ISSP) grant for the 2019 calendar year, which is to be granted to the University of Newcastle for the 2020 calendar year. This determination is made under the authority of subsections 38-40(3) and 38-40(4) of the Act and outlines specific conditions and requirements for the rollover of the grant amount. The University of Newcastle is mandated to use the rollover grant to administer and deliver the specified activity, which involves a partnership with the Foundation for Young Australians to establish a First Peoples Practice under the YLab program aimed at engaging Indigenous students. The University of Newcastle must prioritise Indigenous persons and organisations in recruiting and procuring for the delivery of these activities. Additionally, the University of Newcastle is required to submit specific reports to the Minister by the last business day of April 2021, including an acquittals report and a performance report. These requirements align with the provisions of the Indigenous Student Assistance Grants Guidelines 2017 and may be subject to revision by an administering officer if deemed unsatisfactory. This determination does not specify any exclusions or exemptions, and its application is limited to the specified rollover grant amount and conditions for the University of Newcastle.

Key Provisions

The main operative sections of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2020 (the Determination) pertain to the rollover of unspent grant amounts from the 2019 calendar year to the 2020 calendar year for the University of Newcastle. Section 5 specifies the rollover of the University of Newcastle rollover grant amount, determining that the unspent amount of the Indigenous Student Success Program (ISSP) grant is carried over to the next year as a new grant (subsection 38-40(1) of the Higher Education Support Act 2003). Section 6 outlines the conditions that apply to the rollover grant, including the specific activities for which the grant can be used and the reporting requirements. The University of Newcastle is required to use the rollover grant to administer and deliver activities specified in the Determination, such as a partnership with the Foundation for Young Australians to engage Indigenous students (Schedule 1, item 1(1)). The Determination imposes several obligations on the University of Newcastle. The University must use the rollover grant to administer and deliver the specified activities within the 2020 calendar year and ensure that the grant is not used for any other business activities (Schedule 1, item 1). Additionally, the University must prioritise Indigenous persons and organisations when recruiting for or procuring services to deliver the specified activities (Schedule 1, item 2). The University is also required to submit specified reports to the Minister by the end of April 2021, including an acquittals report and a performance report (Schedule 1, item 3). The Guidelines further apply to the rollover grant, mandating compliance with certain provisions such as financial reporting and administrative requirements (Schedule 1, item 4). The Determination includes provisions for breaches of the conditions attached to the rollover grant. Under the Higher Education Support Act 2003, the University of Newcastle’s approval to receive grants may be revoked if it breaches a condition of a grant (section 22-15). The Act also provides for the reduction of grants or the requirement to repay a grant for breaches of conditions, including those outlined in the Determination (Part 2-5). Although the Determination itself does not specify penalties, the Act includes provisions for financial penalties or recovery of amounts deemed to be overpaid (section 164-15). The consequences of non-compliance can include financial repercussions and the potential loss of future grant funding.

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Education Law
Indigenous Peoples & Native Title Law
Instrument
Statutory Instrument
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Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations
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