Federal Register of Legislation - Australian Government

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Guides & Guidelines as made
This instrument amends the Other Grants Guidelines (Research) 2017 to clarify processes for the provision of incorrect data.
Administered by: Education, Skills and Employment
Registered 05 Dec 2019
Tabling HistoryDate
Tabled HR05-Dec-2019
Tabled Senate04-Feb-2020
Date of repeal 15 May 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.


Other Grants Guidelines (Research)

Amendment (No.1) 2019




Higher Education Support Act 2003



I, DAN TEHAN, Minister for Education, make the following legislative instrument.


Dated     27 November 2019








Minister for Education





Part 1—Preliminary                                                                                                3

1  Name                                                                                                       3

2  Commencement                                                                                      3

3  Authority                                                                                                            3

4  Schedules                                                                                                3

Schedule 1—Amendments                                                                                         4

Other Grants Guidelines (Research) 2017                                                4


Part 1              Preliminary


1                       Name of Guidelines

This instrument is the Other Grants Guidelines (Research) Amendment (No. 1) 2019.


2                       Commencement

This instrument commences on the day after it is registered.


3                       Authority

This instrument is made under section 238-10 of the Higher Education Support Act 2003 (Act) for the purposes of Part 2-3 of the Act.


4                       Schedules

The Other Grants Guidelines (Research) 2017 are amended as set out in Schedule 1 to this instrument.



Schedule 1 - Amendments


Other Grants Guidelines (Research) 2017


1        Section i.v: 

Insert or amend the following definitions in the appropriate alphabetical order:


Category 1                              is Australian competitive grants R&D income in HERDC

Category 2                              is other public sector R&D income in HERDC

Category 3                              is industry and other R&D income in HERDC

Category 4                              is Cooperative Research Centre R&D income in HERDC

the department                        means the Commonwealth Department of Education

R&D or research                     means Research and Experimental Development as defined in the Frascati Manual 2015 maintained by the Organisation for Economic Cooperation and Development



2        Delete paragraph 1.4.5 and replace with:            

1.4.5            How Grant Amounts are Determined

Subject to any adjustment that may be made under paragraph 1.4.26, the RSP Grant Amount allocated to a HEP for the Grant Year comprises the sum of:


(a)                    the HEP’s RSP Basic Grant Amount calculated in paragraph 1.4.10, and


(b)                   any adjustments made through the application of the transitional safety net calculated in paragraph 1.4.15 (if applicable)


as rounded in accordance with paragraph 1.4.25.

3        Delete paragraph 1.4.20 and replace with:           

1.4.20          Grant Amounts for 2021 and future Grant Years

Subject to any adjustment that may be made under paragraph 1.4.26, for the 2021 and future Grant Years, each HEP’s RSP Grant Amount is equal to that HEP’s Basic Grant Amount calculated in paragraph 1.4.10.

4        After paragraph 1.4.25 insert:

1.4.26          Adjustments

(1)                    If a HEP provides incorrect HERDC data used to calculate the HEP’s RSP Grant Amount for a Grant Year, the HEP must correct the information provided to the department (‘corrected data’).


(2)                    If the HEP provides corrected data on or before 1 October in the year the data was first provided the department will take into account the corrected data when calculating RSP Grant Amounts under paragraphs 1.4.5 or 1.4.20.


(3)                    Subject to subparagraph 1.4.26(4), if a HEP provides corrected data after 1 October in the year the data was first provided, the corrected data will not be used to calculate, or adjust, the HEP’s RSP Grant Amount for a Grant Year.


(4)                    Where corrected data is provided in accordance with subparagraph 1.4.26(3), the department will use the method specified in paragraphs 1.4.5 or 1.4.20 to determine the Grant Amount the HEP would have been paid for the Grant Year if the corrected data had been used. If the department determines that a HEP has received an overpayment in respect of the Grant Year, the HEP must repay the amount of the overpayment to the department.