Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2021

Administered by Department of Education

Legislation au F2021N00080 In force Notifiable Instrument

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Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2021

 

 

 

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

Dated  23 April 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 the Adelaide second rollover grant

Schedule 1—Conditions

 

 

 

 

 

 

 

 

 

 

 

1  Name

  This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 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; and

(c)  Indigenous person.

 These expressions are identified in italics in this determination.

Adelaide second rollover grant means the grant of the amount determined in paragraph 5(b) 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 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 the University of Adelaide in respect of the ISSP grant; and

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

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.

Note 3: This instrument operates in addition to, and does not affect the amount of the unspent amount of the ISSP grant determined in relation to the University of Adelaide in, the Higher Education Support (Indigenous Student Success Program)(Rollover of Grant Amounts) Determination 2021.

6  Conditions on the Adelaide second 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 Adelaide second 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) The University of Adelaide must use the Adelaide second rollover grant in the 2021 calendar year to develop and deliver cultural sensitivity training to employees of the University of Adelaide.

 (2) The University of Adelaide must not use the Adelaide second rollover grant to administer any aspect of its business other than delivery of the activity specified in sub-item (1).   

2  Payment to a person to deliver activities

 (1) Subject to sub-item (2), the University of Adelaide may use the Adelaide second rollover grant to pay a person or organisation to deliver the activity specified in sub-item 1(1).

 (2) In recruiting a person to deliver the 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) The University of Adelaide must give the reports specified in column 2 of the table in this sub-item for activities delivered using the Adelaide second rollover grant to the Minister by the day specified in column 3 of the table in this sub-item.

 

Reporting

Column 1

Column 2

Column 3

Item

Report

Date

1. 

Acquittals report

Last business day of April of 2022

2.

Performance report

Last business day of April of 2022

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), the University of Adelaide may:

 (a) give the acquittals report with the acquittals report for an ISSP grant the University of Adelaide 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 University of Adelaide 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 (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 Adelaide second rollover grant 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 the Adelaide second 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) 2021 was enacted to address the need for rollover of unspent grant amounts under the Higher Education Support Act 2003, specifically for the Indigenous Student Success Program (ISSP) grant provided to the University of Adelaide. This determination was made by Stephen Baz, a delegate of the Chief Executive Officer, and is effective from the day after its registration. The policy objective is to ensure that unspent grant amounts from the 2020 calendar year are rolled over to the following year, in this case 2021, to continue supporting the delivery of cultural sensitivity training to University of Adelaide employees. The determination also sets specific conditions for the use of the grant, including the mandatory use for cultural sensitivity training, the requirement to prioritise Indigenous persons and organisations in recruitment and procurement, and the need for regular reporting to the Minister. The determination is made under the authority of subsection 38-40(3) and subsection 38-40(4) of the Higher Education Support Act 2003 and is designed to complement existing provisions that allow for the rollover of unspent grant amounts to subsequent years. This legislative instrument ensures compliance with the Indigenous Student Assistance Grants Guidelines 2017 and maintains the integrity of the grant program by imposing strict conditions on the use of the rollover grant. The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2021 thus plays a crucial role in supporting the educational and professional development of Indigenous students through targeted institutional initiatives.

Scope and Application

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2021 applies to the University of Adelaide and specifically addresses the rollover of unspent amounts from the Indigenous Student Assistance Grants under the Higher Education Support Act 2003. This instrument is made under the authority of the Act, ensuring that the rollover of grant amounts is conducted in accordance with the specified conditions and requirements. The University of Adelaide is mandated to use the rollover grant for the development and delivery of cultural sensitivity training for its employees in the 2021 calendar year, with conditions that prioritise Indigenous persons in recruitment and procurement processes. Additionally, the University of Adelaide must provide specific reports to the Minister by certain deadlines, which may be combined with other required reports where appropriate. The determination also includes provisions for administrative officers to request revisions or additional information from the University of Adelaide. This determination operates under the national jurisdiction of the Commonwealth of Australia and is subject to the conditions outlined in the Higher Education Support Act 2003 and the Indigenous Student Assistance Grants Guidelines 2017.

Key Provisions

The main operative sections of this legislation are sections 5 and 6, which detail the rollover of grant amounts and the conditions on the Adelaide second rollover grant. Specifically, section 5 determines that the unspent amount of the Indigenous Student Success Program (ISSP) grant is $10,603.48, which will be rolled over to the next following year as a new grant under Part 2-2A of the Higher Education Support Act 2003. Section 6 imposes conditions on this rollover grant, which are outlined in Schedule 1 of the legislation. The University of Adelaide must use the grant in the 2021 calendar year to develop and deliver cultural sensitivity training to its employees. The University of Adelaide must also give priority to Indigenous persons when recruiting or procuring a person or organisation to deliver the activity funded by the grant. The University of Adelaide is also required to provide specific reports to the Minister by certain dates. The obligations imposed by this legislation on the University of Adelaide include using the grant to deliver cultural sensitivity training to its employees, giving priority to Indigenous persons in recruiting and procuring for the delivery of this activity, and providing reports to the Minister as specified in Schedule 1. The University of Adelaide must also comply with a reasonable request from an administering officer for additional information or reports about the use of the grant within 10 business days of the request. There are no explicit offences, penalties, or civil/criminal consequences stated in this legislation for breach of its provisions. However, there are potential consequences for a higher education provider who breaches a condition of a grant made to the body under Part 2-2A of the Act. Under section 22-15 of the Act, a higher education provider's approval may be revoked for such a breach, and under Part 2-5 of the Act, the provider may have their grants reduced or be required to repay a grant. The specific consequences for breach of the conditions in this legislation would depend on the nature and severity of the breach.

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Area of Law
Education Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations
Conditions on Grants

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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.