Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2020

Administered by Department of Education

Legislation au F2020N00054 In force Notifiable Instrument

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Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2020

 

 

 

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

Dated 28 April 2020    

Stephen Baz

Senior Adviser, National Indigenous Australians Agency

 

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Rollover of ISSP grant amounts

6  Conditions on ISSP rollover grants

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) 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.

 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 instrument 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.

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) Batchelor Institute of Indigenous Tertiary Education; and

 (ii) Edith Cowan 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.

 

 

 

Column 1

Column 2

Column 3

Item

Higher education provider

Amount of unspent amount of ISSP grant

1.

Batchelor Institute of Indigenous Tertiary Education

$32,097.02

2.

Edith Cowan University

$390,500

 

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 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

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 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.

Batchelor Institute of Indigenous Tertiary Education

  1.        Appointment of a casual student/candidate liaison officer to provide academic and pastoral support to students and candidates,
  2.        Appointment of an officer to provide support in relation to online platforms and mentorship to students and candidates.

2.

Edith Cowan University

  1.        Upgrades to current Indigenous student common rooms,
  2.        Appointment of a project officer to develop an ECU Aboriginal and Torres Strait Islander Marketing & Recruitment Strategy for implementation in 2021,
  3.        Appointment of an Aboriginal Recruitment Officer to assist in the recruitment of Aboriginal and Torres Strait Islander students,
  4.        To hold a Student Success Forum in 2020.

 

 (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).   

2  Payment to 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 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 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.

 (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 are taken to apply to an ISSP rollover grant as if it were a grant provided for under section 5 of the Guidelines.

 

 

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2020 was enacted to provide a rollover of unspent grant amounts from the Indigenous Student Success Program (ISSP) to certain higher education providers for the 2020 calendar year. This determination was made under the Higher Education Support Act 2003 by Stephen Baz, Delegate of the Chief Executive Officer, and it aims to ensure that the unspent funds from the 2019 grant year are utilised efficiently for supporting Indigenous students' success in higher education. The policy objective is to maintain continuity in supporting Indigenous students by allowing the rollover of unspent funds, thus ensuring that the educational initiatives can proceed without financial interruption. The determination specifies the rollover amounts for the Batchelor Institute of Indigenous Tertiary Education and Edith Cowan University and outlines conditions under which these funds can be used, including the requirement to prioritise Indigenous persons and organisations in delivering related activities.

Scope and Application

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2020 applies to specific higher education providers, namely the Batchelor Institute of Indigenous Tertiary Education and Edith Cowan University, in relation to unspent amounts from Indigenous Student Success Program (ISSP) grants for the 2019 calendar year. This determination is made under the Higher Education Support Act 2003 and specifically references the Indigenous Student Assistance Grants Guidelines 2017. It specifies that the unspent amounts of ISSP grants for the mentioned institutions are to be rolled over to the 2020 calendar year as new grants under Part 2-2A of the Act. The application of section 38-40 of the Act to these providers allows for the rollover of these amounts, subject to certain conditions outlined in the determination, which include the use of the funds for specified activities, reporting requirements, and priorities in recruiting individuals or organisations to deliver activities. These conditions ensure that the funds are used appropriately to support Indigenous student success. The determination does not explicitly state any exclusions or exemptions, but it does imply that any breaches of conditions may result in revocation of approval, reduction of grants, or recovery of overpayments by the Commonwealth.

Key Provisions

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2020 contains key provisions that address the rollover of unspent grant amounts for certain higher education providers under the Indigenous Student Success Program (ISSP). Section 5 specifies that the ISSP rollover grants apply to the Batchelor Institute of Indigenous Tertiary Education and Edith Cowan University, with the unspent amounts for these providers in the 2019 grant year being $32,097.02 and $390,500, respectively. These amounts are to be rolled over to the 2020 calendar year as new grants under Part 2-2A of the Act. Section 6 outlines the conditions that must be met for these rollover grants, which include using the funds for specified activities and adhering to certain priorities in recruitment and procurement. The obligations imposed on the parties governed by this determination are primarily related to the appropriate use of the rollover grant funds. Higher education providers must use the rollover grant for the activities specified in Schedule 1, which include the appointment of support officers and the development of recruitment strategies for Indigenous students. Additionally, they must give priority to Indigenous persons and organisations when recruiting or procuring services to deliver these activities. Furthermore, providers are required to submit specific reports, such as acquittals and performance reports, to the Minister by the end of April 2021, as detailed in Schedule 1. In terms of legal consequences, the Act provides for the potential revocation of a higher education provider's approval if they breach the conditions of a grant. Under section 22-15 of the Act, a provider’s approval may be revoked for such breaches, and Part 2-5 of the Act stipulates that providers may be required to repay grants or have their grants reduced for any breaches of grant conditions. The determination also references section 164-15 of the Act, which allows for the recovery of overpayments made to higher education providers, either by deduction from future payments or by recovery as a debt due to the Commonwealth. The specific penalties or civil/criminal consequences for breach are not detailed in the provided text, but the Act generally provides for the enforcement of compliance through administrative and legal actions.

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