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, second edition): Linkage Infrastructure, Equipment and Facilities
Issued by the authority of the Minister for Education
Subject: Australian Research Council Act 2001— Linkage Program Grant Guidelines
(2024 edition, second edition): Linkage Infrastructure, Equipment and Facilities
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, second edition): Linkage Infrastructure, Equipment and Facilities 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, second edition): Linkage Infrastructure, Equipment and Facilities 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, second edition): Linkage Infrastructure, Equipment and Facilities 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, second edition): Linkage Infrastructure, Equipment and Facilities 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 Grant Guidelines under the Australian Research Council Act 2001, specifically for the Linkage Program Grant Guidelines (2024 edition, second edition): Linkage Infrastructure, Equipment and Facilities, were introduced to address the need for clear and consistent guidelines in the allocation of grants within the ARC's Linkage Program. This program is pivotal in fostering partnerships between researchers and various entities such as businesses, industry, and community organisations. Enacted by the Minister for Education, these guidelines were developed to ensure that grants are awarded based on transparent eligibility criteria, a structured application process, and rigorous assessment procedures. The policy objective underpinning these guidelines is to enhance the quality and impact of research in Australia by facilitating effective collaborations that leverage both public and private sector resources.
The guidelines, approved under section 59 of the Act, aim to streamline the grant application and approval process while ensuring compliance with relevant policies such as the ARC Medical Research Policy, ARC Conflict of Interest and Confidentiality Policy, and the Australian Code for the Responsible Conduct of Research. These measures collectively aim to reduce regulatory burdens on applicants, thereby encouraging broader participation in the research ecosystem. The consultation with key stakeholders like the Department of Finance and the Department of Prime Minister and Cabinet underscores the commitment to creating a balanced and supportive framework for research funding.
Scope and Application
The Australian Research Council Act 2001, through its Grant Guidelines for the Linkage Program Grant Schemes (2024 edition, second edition): Linkage Infrastructure, Equipment and Facilities, applies to organisations seeking financial assistance under the Linkage Program of the Australian Research Council (ARC). This program is designed to foster partnerships between researchers and entities such as businesses, industry, community organisations, government, and other publicly funded research agencies. The Guidelines specify eligibility criteria, application processes, and assessment criteria for approving grant applications, ensuring alignment with broader research policies and ethical standards. The geographic reach of these Guidelines is national, as they pertain to the Australian Research Council, a Commonwealth body. The Guidelines do not specify exclusions or exemptions but incorporate various referenced policies and codes, such as the Australian Code for the Responsible Conduct of Research and the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research, which organisations must adhere to in their applications. The Guidelines, once registered on the Federal Register of Legislation, will take effect and guide the administration and assessment of Linkage Program grants, with coordination efforts aimed at reducing regulatory burden on the higher education sector.
Key Provisions
The Australian Research Council Act 2001, as amended by the Grant Guidelines (2024 edition, second edition) for the Linkage Infrastructure, Equipment and Facilities, outlines specific provisions that govern the eligibility, application, and assessment processes for grants under the Linkage Program (sections 58 and 59). These guidelines aim to facilitate partnerships between researchers and various entities, including businesses, industry, community organisations, government, and other publicly funded research agencies. The guidelines detail the criteria that organisations must meet to be eligible for grants, the process for making grant applications, and the criteria by which applications will be assessed for approval. Additionally, they incorporate several related policies and documents that further define the scope and conduct of research activities.
The Act imposes several obligations on the Australian Research Council (ARC) Board and the Minister for Education. The ARC Board must prepare and submit the Grant Guidelines to the Minister for approval, ensuring they contain necessary eligibility criteria, application processes, and assessment criteria (section 58). The Minister, in turn, must approve these guidelines under section 59 of the Act. The guidelines must also be registered on the Federal Register of Legislation to take effect. Furthermore, the ARC must ensure that the guidelines are compatible with human rights, as stipulated by section 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Violations of the provisions outlined in the Grant Guidelines may result in several consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of grant terms and conditions typically result in the revocation of grant funding and may subject the offending parties to further scrutiny or legal action. Given the importance of adhering to the specified guidelines, organisations are expected to strictly follow the eligibility, application, and assessment criteria to avoid any potential repercussions. The guidelines also incorporate several ethical and integrity policies, and failure to comply with these could lead to additional penalties or sanctions as outlined in those respective policies.