Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination No. 2 2022

Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination No. 2 2022

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

Dated 18    November 2022   

Stephen Baz

Senior Adviser, National Indigenous Australians Agency

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Rollover of 2021 First ISSP Rollover Grant

6  Rollover of 2021 Second ISSP Rollover Grant

7  Rollover of ISSP grant

8  Conditions on ISSP grants

Schedule 1—Conditions

1  Using a grant

2  Payment to a person to deliver activities

3  Reporting

4  Application of the Guidelines

1  Name

  This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination No. 2 2022.

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.

  In this instrument:

2021 First ISSP rollover grant means the money taken to be granted to the University of Adelaide for the grant year because of the operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021 and section 38-40 of the Act.

2021 Second ISSP rollover grant means the money taken to be granted to the University of Adelaide for the grant year because of the operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2021 and section 38-40 of the Act.

Act means the Higher Education Support Act 2003.

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

Grant year means the 2021 calendar year.

Guidelines means the Indigenous Student Assistance Grant Guidelines 2017.

ISSP grant means a grant provided for under section 5 of the Guidelines in respect of the grant year other than the 2021 First ISSP rollover grant or the 2021 Second ISSP rollover grant.

2022 First ISSP rollover grant means the amount of the unspent amount of the 2021 First ISSP Rollover Grant 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 the University of Adelaide in respect of the 2022 calendar year.

2022 Second ISSP rollover grant means the amount of the unspent amount of the 2021 Second ISSP Rollover Grant 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 the University of Adelaide as in respect of the 2022 calendar year.

2022 Third ISSP rollover grant means the amount of the unspent amount of the ISSP grant 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 the University of Adelaide in respect of the 2022 calendar year.

5  Rollover of 2021 First ISSP Rollover Grant

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 2021 First ISSP rollover grant; and

(b)    $101,454.89 is the amount of the unspent amount of the 2021 First ISSP rollover grant. 

6  Rollover of 2021 Second ISSP Rollover Grant

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 2021 Second ISSP rollover grant; and

(b)    $10,603.48 is the amount of the unspent amount of the 2021 Second ISSP rollover grant.

7  Rollover of ISSP grant

  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 its ISSP grant; and

(b)    $26,924.23 is the amount of the unspent amount of the ISSP grant. 

Note 1: If section 38-40 is determined to apply to the University of Adelaide 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 the University of Adelaide may be deducted from a future amount payable or recovered as a debt due to the Commonwealth.  

8  Conditions on ISSP 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 a 2022 First ISSP rollover grant, a 2022 Second rollover grant and a 2022 Third ISSP rollover grant.

Note 1: The University of Adelaide’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 the University of Adelaide 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—Conditions

1  Using a grant

(1)    The University of Adelaide must use the grant in column 2 of the table:

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

(b)    in the 2022 calendar year, unless the Chief Executive Officer has made a determination under subsection 38-40 of the Act in relation to the University of Adelaide in the next following year.

(2)    The University of Adelaide must not use a grant specified in column 2 of the table in sub-item (1) to administer any aspect of the providers business other than the delivery of the activity or activities specified for the provider in column 3 of the table in sub-item (1).

2  Payment to a person to deliver activities 

(1)    Subject to sub-item (2), the University of Adelaide may use a grant specified in column 2 of the table in sub-item 1(1) to pay a person or organisation to deliver an activity specified for the provider in column 3 of the table in sub-item 1(1) in respect of the grant.

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

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

3  Reporting  

(1)    Where the University of Adelaide receives a grant specified in column 2 of the table in sub-item 1(1) it must give the reports specified in column 2 of the table in this sub-item for activities delivered using the 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 the University of Adelaide 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 Adelaide 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 the University of Adelaide revise a report described in column 2 of the table in sub-item 3(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 a grant specified in column 2 of the table in sub-item 1(1) from the University of Adelaide.

(5)     The University of Adelaide 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 a grant specified in column 2 of the table in sub-item 1(1) as if it were a grant provided for under section 5 of the Guidelines.