EXPLANATORY STATEMENT
Grant Guidelines made under section 59 of the Australian Research Council Act 2001
Grant Guidelines for schemes under the Linkage Program Grant Guidelines
(2024 edition): ARC Centres of Excellence
Issued by the authority of the Minister for Education
Subject: Australian Research Council Act 2001—Linkage Program Grant Guidelines (2024 edition): ARC Centres of Excellence
Authority
Section 59 of the Australian Research Council Act 2001 (the Act) provides that the Minister must approve Australian Research Council (ARC) Grant Guidelines.
Purpose and effect
These Grant Guidelines relate to the Linkage Program Grant Guidelines (2024 edition): ARC Centres of Excellence funded under the Linkage Program of the ARC National Competitive Grants Program. The Linkage Program promotes national and international partnerships between researchers and business, industry, community organisations, government and other publicly funded research agencies.
In accordance with section 58 of the Act the ARC Board must prepare Grant Guidelines for the Linkage Program Grant Guidelines (2024 edition): ARC Centre of Excellence to be provided to the Minister under section 59. Grant Guidelines must contain:
(a) the eligibility criteria to be met in order for the Board or the Minister to approve the making of grants of financial assistance to organisations under this Division;
(b) the making of applications by organisations for such an approval;
(c) the assessment process for deciding which applications will receive such an approval;
(d) any other matters that the Board considers appropriate.
Documents incorporated by reference
The following documents are incorporated by reference:
- ARC Medical Research Policy available on the ARC website (as at December 2020)
- ARC Conflict of Interest and Confidentiality Policy available on the ARC website (as at June 2024)
- ARC Open Access Policy available on the ARC website (as at September 2021)
- Australian Code for the Responsible Conduct of Research available on the NHMRC website (as at 2018)
- ARC Research Integrity Policy available on the ARC website (as at September 2023)
- Australian Indigenous Data Sovereignty Principles available on the Maiam Nayri Wingara website (as at 2018)
- AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research available on the AITSIS website (as at 2020)
- NHMRC’s guidelines on Ethical conduct in research with Aboriginal and Torres Strait Islander Peoples and communities available on the NHMRC website (as at 2018).
Commencement
The Linkage Program Grant Guidelines (2024 edition): ARC Centre of Excellence shall take effect on the day after registration on the Federal Register of Legislation.
The provisions
These Guidelines contain information relating to the Linkage Program Grant Guidelines (2024 edition): ARC Centre of Excellence including: grant amount, eligibility, assessment criteria, application process and delivery or grant activities.
Consultation
The ARC consulted with the Department of Finance and the Department of Prime Minister and Cabinet and they have determined the Grant Guidelines as medium risk.
Regulatory Impact Statement
These Grant Guidelines include a number of measures that reduce regulatory burden on the higher education sector. This includes coordination with the National Health and Medical Research Council (NHMRC) to produce a timeline that minimises the burden on the sector in relation to preparation and submission of proposals.
Statement of compatibility with human rights
Section 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
The legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights, as it does not raise any human rights issues.
Overview
The Australian Research Council Act 2001 was enacted to establish the Australian Research Council (ARC) and to provide for the funding of research in Australia. It addresses the need for a structured and competitive grants program to foster research excellence and innovation. The Australian Parliament enacted this legislation to provide a framework for the ARC to fund research through competitive grants, ensuring that the research aligns with national priorities and benefits both the research community and the broader public. The policy objective of the Act is to promote and support high-quality research in Australia, encouraging collaboration between researchers, industry, and other stakeholders. The Grant Guidelines, as part of the Act, outline the framework for the administration and approval of grants, ensuring that the process is transparent, fair, and aligned with national research priorities.
Scope and Application
The Australian Research Council Act 2001 establishes the framework for the approval of Grant Guidelines, which are integral to the administration of the Linkage Program Grant Guidelines (2024 edition): ARC Centres of Excellence. These guidelines apply to organisations seeking financial assistance from the Australian Research Council (ARC) to fund research projects that foster partnerships between researchers and entities such as businesses, industry, community organisations, and government bodies. The Act specifically mandates that the Minister for Education must approve these guidelines, which detail eligibility criteria, application procedures, assessment processes, and other relevant matters as deemed appropriate by the ARC Board. These guidelines are designed to streamline the funding process for research initiatives that promote collaboration and innovation. The Act applies to the Commonwealth of Australia and extends its reach to encompass national and international partnerships, thus facilitating a broad scope of collaborative research activities. There are no stated exclusions or exemptions within the provided text, and the guidelines incorporate various policies and codes by reference to ensure compliance with ethical and integrity standards in research.
The Grant Guidelines extend their application through the incorporation of several key policies, including the ARC Medical Research Policy, the ARC Conflict of Interest and Confidentiality Policy, the Australian Code for the Responsible Conduct of Research, and the Australian Indigenous Data Sovereignty Principles, among others. These guidelines were developed following consultations with relevant departments and are considered to pose a medium regulatory risk. The guidelines aim to reduce the regulatory burden on the higher education sector by coordinating with the National Health and Medical Research Council to streamline proposal preparation and submission timelines. The Statement of Compatibility with Human Rights affirms that the guidelines do not engage any applicable rights or freedoms and are therefore compatible with human rights.
Key Provisions
The Australian Research Council Act 2001, under section 59, mandates the Minister to approve Grant Guidelines for the Linkage Program Grant Guidelines (2024 edition): ARC Centres of Excellence. These guidelines, as outlined in section 58, are prepared by the ARC Board and must include eligibility criteria for grant approval (section 58(a)), the process for organisations to apply for grants (section 58(b)), the assessment process for deciding which applications will receive grants (section 58(c)), and any other matters deemed appropriate by the Board (section 58(d)). The guidelines also incorporate several other policies and codes by reference, such as the ARC Medical Research Policy, ARC Conflict of Interest and Confidentiality Policy, and the Australian Code for the Responsible Conduct of Research, among others. These incorporated documents provide additional context and requirements that organisations must consider when applying for grants.
The Grant Guidelines impose several obligations on organisations applying for grants under the Linkage Program. Organisations must meet the specified eligibility criteria, which may include having a certain level of research expertise, a demonstrated history of successful research projects, and the ability to form effective partnerships with industry and other stakeholders. They must also adhere to the application process, which involves preparing and submitting a detailed research proposal outlining the project's objectives, methodology, expected outcomes, and potential impacts. Furthermore, organisations must comply with the assessment criteria, which the ARC uses to evaluate the merits of each application. This includes demonstrating the project's alignment with national research priorities, the potential for commercialisation or other practical applications, and the capacity to achieve the proposed outcomes within the allocated timeframe and budget.
Failure to comply with the Grant Guidelines or the terms of the grant may result in several consequences. The ARC has the authority to withhold or withdraw funding from organisations that fail to meet the specified requirements or engage in unethical or illegal activities. Additionally, the Minister may impose administrative penalties on organisations that breach the terms of the grant, which could include fines or other financial sanctions. In cases of serious misconduct or breaches of the Australian Code for the Responsible Conduct of Research, organisations may also face criminal charges, which could result in imprisonment or other criminal penalties as determined by the courts. It is essential for organisations to thoroughly understand and adhere to the Grant Guidelines to avoid these potential consequences.