Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2021

Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2021

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

Dated  17 February 2021

Stephen Baz

Senior Adviser, National Indigenous Australians Agency

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Rollover of grant amounts

6  Conditions on 2021 ISSP rollover grant

Schedule 1—Conditions

1  Name

  This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2021.

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.

2020 ISSP rollover grant means the amount taken to be granted to Flinders University for the grant year because of the combined operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 1) 2020 and section 38-40 of the Act.

2021 ISSP rollover grant means the grant of the total combined amount of the amounts specified in column 3 of the table in section 5 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 Flinders University in respect of the 2021 calendar year.

Act means the Higher Education Support Act 2003.

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

grant year means the 2020 calendar year.

Guidelines means the Indigenous Student Assistance Grants Guidelines 2017.

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

5  Rollover of 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 Flinders University in respect of each grant specified in column 2 of the table; and

 (b) the amount specified in column 3 of the table is the amount of the unspent amount of the grant specified in column 2 of the table.

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.

6  Conditions on 2021 ISSP 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 2021 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—Conditions

1  Using a grant

 (1) Flinders University must use the 2021 ISSP rollover grant in the 2021 calendar year to administer and deliver the following activities:

 (a) Student Wellbeing Filming Series;

 (b) artwork in Outdoor Cultural Space;

 (c) Indigenous Alumni Event;

 (d) recruitment and community engagement activities for Indigenous people;

 (e) Indigenous Accommodation top up scholarships for Flinders Living;

 (f) employment of Project Officer for Indigenous education and engagement strategies;

 (g) employment of Indigenous Outreach and Pathways Officer;

 (h) scholarships that assist with relocation costs, accommodation costs or relocation and accommodation cost; and

 (i) employment of an Indigenous Elder or Cultural Adviser.

 (2) Flinders University must not use the 2021 ISSP rollover grant to administer any aspect of its business other than delivery of the activities specified in sub-item (1).   

2  Payment to a person to deliver activities

 (1) Subject to sub-item (2), Flinders University may use the 2021 ISSP rollover grant to pay a person or organisation to deliver an activity specified in sub-item 1(1).

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

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

3  Reporting

 (1) Flinders University must give the reports specified in column 2 of the table in this sub-item for activities delivered using the 2021 ISSP rollover grant to the Minister by the day specified in column 3 of the table in this sub-item.

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), Flinders University may:

 (a) give the acquittals report with the acquittals report for an ISSP grant Flinders University 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 Flinders University 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 2021 ISSP rollover grant from Flinders University.

 (5) Flinders University 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 2021 ISSP rollover grant as if it were a grant provided for under section 5 of the Guidelines.