Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019
made under section 38-40 of the
Higher Education Support Act 2003
Compilation No. 1
Compilation date: 27 October 2020
Includes amendments up to: F2020N00123
About this compilation
This compilation
This is a compilation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No.3) 2019 that shows the text of the law as amended and in force on 27 October 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
3 Authority
4 Definitions
5 Rollover of ISSP grant amounts
6 Rollover of Flinders University of South Australia rollover grant amount
7 Conditions on ISSP rollover grants or Flinders University of South Australia rollover grant
Schedule 1—ISSP rollover grants and Flinders University of South Australia rollover grant
1 Name
This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019.
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 2019 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 2020 calendar year.
Flinders University of South Australia rollover grant means the amount of the unspent amount of the ISSP rollover grant made under 38-40 received by Flinders University of South Australia 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 Flinders University of South Australia under Part 2-2A of the Act in respect of the 2020 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) Charles Sturt University;
(ii) University of South Australia
(iii) University of Newcastle;
(iv) University of New England; and
(v) Central Queensland University
(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.
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Column 1 | Column 2 | Column 3 | |||
Item | Higher education provider | Amount of unspent amount of ISSP grant | |||
1. | Charles Sturt University | $400,000 | |||
2. | University of South Australia | $175,697 | |||
3. | University of Newcastle | $382,000 | |||
4. | University of New England | $250,609 | |||
5. | Central Queensland University | $50,000 | |||
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 Rollover of Flinders University of South Australia 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 Flinders University of South Australia in respect of the grant taken to have been provided to the Flinders University of South Australia in respect of the grant year under the Higher Education Support (Indigenous Student Success Program)(Rollover of Grant Amounts) Determination 2019:
(b) the amount specified in column 3 of the table is the amount of the unspent amount of that grant.
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Column 1 | Column 2 | Column 3 | |||
Item | Higher education provider | Amount of unspent amount of ISSP grant | |||
1. | Flinders University of South Australia | $77,991 | |||
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 Flinders University of South Australia 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 Flinders University of South Australia 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 Flinders University of South Australia 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 Flinders University of South Australia rollover grant
1 Using an ISSP rollover grant or Flinders University of South Australia rollover grant
(1) A higher education provider specified in column 2 of the table must use the provider’s ISSP rollover grant or Flinders University of South Australia 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 |
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Column 1 | Column 2 | Column 3 | |
Item | Higher education provider | Activity | |
1. | Charles Sturt University | a) Outdoor learning and reflective space in Bathurst – extension to the 2019 Bathurst Cultural Hub project; b) Progress an Elder’s cultural hub on the Wagga Wagga campus; and c) Pilot the role of a Cultural Safety Strategy Development Officer.
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2. | University of South Australia | a) Support related to mitigating the effects of restrictions imposed following COVID-19, including providing reliable internet access for regional and remote students; b) Contribution to supplementary grant scheme to support students in need; c) Establishment of Aboriginal High Achiever Prizes; and d) Targeted and increased promotion of ISSP funded activities and services to students. | |
3 | University of Newcastle | a) Indigenous futures projects, - integrated approach to social and academic support, with a focus on developing the central coast campus b) Deadly streaming – engaging with school children and families; c) Support for local Indigenous languages; and d) Support for students at Indigenous National games.
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4. | University of New England
| a) Online Learning Live – Stage 3 of the Indigenous Pathways to Review Project; b) Development of Oorala Outdoor Learning Precinct; and. c) Research into improving success rates for Aboriginal and Torres Strait Islander students at the University of New England.
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5. | Central Queensland University | a) Tutorial database - improve the management, coordination and allocation of learning advisers. | |
6. | Flinders University of South Australia | To complete the following projects: a) Indigenous Post-Graduate and Indigenous Higher Degree Research special support measures to encourage the Indigenous cohort to continue in their field; b) Reach Back activity: Residential Leadership Program for secondary Indigenous school students; c) Funding support to draft internal procedures and protocols to ensure the inclusion of Indigenous Elders and community members in formal and ceremonial occasions; and d) Reach Back activity: The River Journey: assist Year 7-12 Indigenous students to choose appropriate subjects to align with career choices.
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(2) A higher education provider must not use an ISSP rollover grant or Flinders University of South Australia 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 Flinders University of South Australia 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 Flinders University of South Australia 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 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), 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 Flinders University of South Australia 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 Flinders University of South Australia rollover grant.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislation | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LA = Legislation Act 2003 | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019 | 7 January 2020 (F2020N00003) | 8 January 2020 (s 2) |
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Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2020 | 26 October 2020 (F2020N00123) | 27 October 2020 (s 2) |
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Endnote 4—Amendment history
Provision affected | How affected |
s 2 | rep LA s 48D |
s 5 | am F2020N00123 |
s 6 | am F2020N00123 |
Sch 1 | am F2020N00123 |