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This determination rolls over certain unspent amounts of grants made under Part 2-2A of the Higher Education Support Act 2003 in respect of the 2019 calendar year, as new grants made in respect of the 2020 calendar year. Amounts rolled over by this determination are taken to be granted under Part 2-2A of the Higher Education Support Act 2003.
Administered by: Prime Minister and Cabinet
Registered 07 Jan 2020
Table of contents.

 

Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019

 

 

 

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

Dated  17 December 2019                            

Stephen Baz

Senior Adviser, National Indigenous Australians Agency

 

 

 

 

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Rollover of ISSP grant amounts............................................................................................... 2

6  Rollover of Flinders University of South Australia rollover grant amount............................... 2

7  Conditions on ISSP rollover grants or Flinders University of South Australia  rollover grant 3

Schedule 1—ISSP rollover grants and Flinders University of South Australia rollover grant  4

           

 

 

 

 

 

 

 

 

 

 


1  Name

                   This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019.

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;

(c)    officer;

(d)    postgraduate course of study;

(e)    student.

                   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 Determination 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.

Flinders University of South Australia rollover grant means the amount of the unspent amount of the ISSP rollover grant made under 38-40 received by Flinders University of South Australia for the grant year that, because of the combined operation of this Determination and section 38-40 of the Act, is taken to be granted to Flinders University of South Australia under Part 2-2A of the Act in respect of the 2020 calendar year.

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)  Charles Sturt University;

                             (ii)  University of South Australia

                            (iii)  University of Newcastle;

                            (iv)  University of New England; and

                             (v)  Central Queensland 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.

Charles Sturt University

$400,000

 

2.

University of South Australia

$177,301

 

3.

University of Newcastle

$382,000

 

4.

University of New England

$250,609

 

5.

Central Queensland University

$50,000

 

 

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  Rollover of Flinders University of South Australia rollover grant amount

                   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 Flinders University of South Australia in respect of the grant taken to have been provided to the Flinders University of South Australia  in respect of the grant year under the Higher Education Support (Indigenous Student Success Program)(Rollover of Grant Amounts) Determination 2019:

                                  

                     (b)  the amount specified in column 3 of the table is the amount of the unspent amount of that grant.

 

 

 

Column 1

Column 2

Column 3

 

Item

Higher education provider

Amount of unspent amount of ISSP grant

 

1.

Flinders University of South Australia

$137,798

 

 

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 Flinders University of South Australia 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.

7  Conditions on ISSP rollover grants or Flinders University of South Australia  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 an ISSP rollover grant or Flinders University of South Australia  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 and Flinders University of South Australia rollover grant

1  Using an ISSP rollover grant or Flinders University of South Australia rollover grant

             (1)  A higher education provider specified in column 2 of the table must use the provider’s ISSP rollover grant or Flinders University of South Australia 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. 

Charles Sturt University

a)       Outdoor learning and reflective space in Bathurst – extension to the 2019 Bathurst Cultural Hub project;

b)       Progress an Elder’s cultural hub on the Wagga Wagga campus; and

c)       Pilot the role of a Cultural Safety Strategy Development Officer.

 

2.

University of South Australia

a)       Mount Gambier Wirringka Student Study Space.

 

University of Newcastle

a)       Indigenous futures projects, - integrated approach to social and academic support, with a focus on developing the central coast campus

b)       Deadly streaming – engaging with school children and families;

c)       Support for local Indigenous languages; and

d)       Support for students at Indigenous National games.

 

4.

University of New England

 

a)       Online Learning Live – Stage 3 of the Indigenous Pathways to Review Project;

b)       Development of Oorala Outdoor Learning Precinct; and.

c)       Research into improving success rates for Aboriginal and Torres Strait Islander students at the University of New England.

 

5.

Central Queensland University

a)       Tutorial database - improve the management, coordination and allocation of learning advisers.

6.

Flinders University of South Australia

       To complete the following projects:

a)       Indigenous Post-Graduate and Indigenous Higher Degree Research special support measures to encourage the Indigenous cohort to continue in their field;

b)       Reach Back activity: Residential Leadership Program for secondary Indigenous school students;

c)       Funding support to draft internal procedures and protocols to ensure the inclusion of Indigenous Elders and community members in formal and ceremonial occasions; and

d)       Reach Back activity: The River Journey: assist Year 7-12 Indigenous students to choose appropriate subjects to align with career choices.

 

 

 

 

             (2)  A higher education provider must not use an ISSP rollover grant or Flinders University of South Australia 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 or Flinders University of South Australia 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 or Flinders University of South Australia 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 October of 2020

2.

Performance report

Last business day of October of 2020

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 or Flinders University of South Australia 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 apply to an ISSP rollover grant or Flinders University of South Australia  rollover grant.