Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2018

Administered by Department of Education

Legislation au F2018N00144 In force Notifiable Instrument

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Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2018

 

 

 

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

Dated 31 August 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. 3) 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) Flinders University;

 (ii) The University of Newcastle; and

 (iii)  University of Wollongong; 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.

Flinders University

$46,098

2.

The University of Newcastle

$50,000

3.

University of Wollongong

$255,000

 

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. 

Flinders University

  1. Establish 20 Indigenous Reward Scholarships.
  2. Establish the following reach-back activities targeted at students in years 10 to 12:
    1.      The River Journey – an interactive and developmental program which introduces secondary students to career planning, subject choices and higher education;
  1.      Mentoring and Flash Mentoring;
  2.      Campus Visits – visits and interactive workshops with Indigenous mentors from sporting and business sectors including overnight accommodation;
  3.      STEM Camp – road show to Port Augusta;
  4.      Career and transition advice.

2.

The University of Newcastle

Evaluation project of current student recruitment program.

 

3.

University of Wollongong

Renovations and build to modify/update the existing and current external courtyard/exterior learning space.

 (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 of 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. 3) 2018 was enacted to address the need for flexibility in the application of the Indigenous Student Success Program (ISSP) grants, specifically allowing unspent grant amounts from the 2017 calendar year to be carried over to the next year. This determination was made by Peter Kay, acting as the Delegate of the Secretary, under the authority of the Higher Education Support Act 2003. It aims to provide continuity in funding for initiatives supporting Indigenous students in higher education by allowing unused funds to be repurposed for similar activities in the following year. The determination outlines the specific unspent amounts for Flinders University, The University of Newcastle, and the University of Wollongong, along with the conditions under which these funds can be used, ensuring they are directed towards activities that support Indigenous student success.

Scope and Application

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2018 applies specifically to certain higher education providers, namely Flinders University, The University of Newcastle, and the University of Wollongong, as outlined in the determination. The purpose of this determination is to facilitate the rollover of unspent Indigenous Student Success Program (ISSP) grant amounts to the next following year as new grants under Part 2-2A of the Higher Education Support Act 2003. This application ensures that the specified unspent grant amounts are carried over and utilised for designated activities within the 2018 calendar year, provided that no further determinations are made by the Secretary concerning these providers in the subsequent year. The determination also stipulates specific conditions for the use of these rollover grants, such as the activities for which the funds may be used and the requirement to prioritise Indigenous personnel and organisations when procuring services for these activities. Additionally, it mandates reporting obligations, including the submission of acquittals and performance reports to the Minister by specified deadlines, and adherence to the Indigenous Student Assistance Grants Guidelines 2017. The geographic reach of this determination is confined to the specified higher education providers within Australia, with no explicit exclusions or thresholds mentioned in the text. The application of the Act is further extended and restricted through subordinate instruments, as necessary.

Key Provisions

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2018 (the Determination) sets out the provisions for the rollover of unspent Indigenous Student Success Program (ISSP) grant amounts for the 2017 grant year to the 2018 calendar year for specified higher education providers. Under the Determination, the unspent amounts of the ISSP grants for Flinders University, The University of Newcastle, and the University of Wollongong are rolled over to the next following year as new grants under Part 2-2A of the Higher Education Support Act 2003 (the Act) (sections 5, 6). These amounts are specified in the table in section 5 of the Determination. The Determination imposes several obligations on the higher education providers receiving the rollover grants. These include using the grant amounts to administer and deliver specific activities for the 2018 calendar year, as outlined in Schedule 1 of the Determination (section 6(1)). Flinders University must use its rollover grant to establish 20 Indigenous Reward Scholarships and deliver various outreach activities for secondary students. The University of Newcastle must use its rollover grant to evaluate its current student recruitment program, while the University of Wollongong must use its rollover grant to renovate and modify its external courtyard and learning space. Higher education providers must also ensure that the grant amounts are not used for any other business purposes, except for delivering the specified activities (section 6(2)). In delivering these activities, higher education providers must prioritise Indigenous persons and organisations (section 6(3), (4)). Higher education providers receiving the rollover grants must also comply with specific reporting requirements. They must provide an acquittals report and a performance report to the Minister by the last business day of April 2019 (section 6(1)). These reports may be combined with the reports for the 2017 ISSP grant, as outlined in the Indigenous Student Assistance Grants Guidelines 2017. Administering officers may request revisions to these reports or additional information about the use of the rollover grant, which the higher education providers must provide within 10 business days or a longer period specified in writing (section 6(3)-(5)). The Determination also provides for potential consequences for breaches of its provisions. Under the Act, a higher education provider's approval may be revoked if the provider breaches a condition of a grant made under Part 2-2A (sections 19-65, 22-15). Additionally, a higher education provider may have their grants reduced or be required to repay a grant for breaches of grant conditions, including those under Part 2-2A (Part 2-5). Section 164-15 of the Act further states that overpayments may be deducted from future amounts payable or recovered as a debt due to the Commonwealth. However, the Determination itself does not specify any particular offences, penalties, or consequences for breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.