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This instrument rolls over unspent amounts of certain grants made in respect of the 2020 calendar year as new grants made in the 2021 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 30 Nov 2021
Start Date 11 Nov 2021
Table of contents.

Commonwealth Coat of Arms of Australia

 

Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021

 

Compilation No. 1               

Compilation date:                              11 November 2021

Includes amendments up to:            F2021N00280

 

 

 

 

 

About this compilation

This compilation

This is a compilation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021 that shows the text of the law as amended and in force on 11 November 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  

 

 

                                           


Contents

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

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

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

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

6  Rollover of other grant amounts .............................................................................................. 3

7  Conditions on grants................................................................................................................ 4

Schedule 1—Conditions                                                                                               5

           

 

 

 

 

 

 

 

 

 

 


1  Name

                   This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2021.

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;

                   These expressions are identified in italics in this determination.

2020 ISSP rollover grant means the money taken to be granted to the University of New England or the University of Newcastle for the grant year because of the combined operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019 and section 38-40 of the Act.

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 a grant provided for under section 5 of the Guidelines in respect of the grant year.

ISSP rollover grant means the amount of the unspent amount of an ISSP grant 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 a higher education provider listed at paragraph 5(a) in respect of the 2021 calendar year.

University of New England rollover grant means the amount of the unspent amount of the University of New England’s 2020 ISSP rollover grant that, because of the combined operation of this instrument and section 38-40 of the Act, is taken to be granted to the University of New England under Part 2-2A of the Act in respect of the 2021 calendar year.

University of Newcastle rollover grant means the amount of the unspent amount of the University of Newcastle’s 2020 ISSP rollover grant that, because of the combined operation of this instrument and section 38-40 of the Act, is taken to be granted to the University of Newcastle under Part 2-2A of the Act in respect of the 2021 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 each of the following higher education providers in respect of their ISSP grant:

                              (i)  Australian Catholic University;

                             (ii)  The Australian National University;

                            (iii)  Batchelor Institute of Indigenous Tertiary Education;

                            (iv)  Bond University;

                             (v)  Central Queensland University;           

                           (vii)  Charles Sturt University;

                          (viii) Edith Cowan University;

                            (ix)  Federation University Australia;

                             (x)  Griffith University;

                            (xi)  James Cook University;

                           (xii)  La Trobe University;

                          (xiii)  Macquarie University;

                          (xiv)  Monash University;

                           (xv)  Queensland University of Technology;

                          (xvi)  Royal Melbourne Institute of Technology;

                         (xvii)  Southern Cross University;

                        (xviii)  Swinburne University of Technology;

                          (xix)  The University of Adelaide;

                           (xx)  University of New England;

                          (xxi)  University of New South Wales;

                         (xxii)  University of Newcastle;

                        (xxiii)  The University of Queensland;

                        (xxiv)  University of South Australia;

                         (xxv)  The University of Sydney;       

                       (xxvii)  Victoria 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.

Australian Catholic University

$210,000

 

2.

The Australian National University

$146,949.52

 

3.

Batchelor Institute of Indigenous Tertiary Education

$14,219.06

 

4.

Bond University

$8,307.87

 

5.

Central Queensland University

$183,829

 

7.

Charles Sturt University

$361,690.57

 

8.

Edith Cowan University

$126,565.81

 

9.

Federation University Australia

$71,034.82

 

10.

Griffith University

$400,000

 

11.

James Cook University

$200,000

 

12.

La Trobe University

$257,506.05

 

13.

Macquarie University

$294,354.51

 

14.

Monash University

$19,570.98

 

15.

Queensland University of Technology

$92,250

 

16.

Royal Melbourne Institute of Technology

$155,000

 

17.

Southern Cross University

$110,009

 

18.

Swinburne University of Technology

$2,595.60

 

19.

The University of Adelaide

$225,866.89

 

20.

University of New England

$133,344.15

 

21.

University of New South Wales

$714,216.68

 

22.

University of Newcastle

$159,307

 

23.

The University of Queensland

$146,449.06

 

24.

University of South Australia

$234,674.54

 

25.

The University of Sydney

$298,000

 

27.

Victoria University

$104,874.45

 

 

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 as a grant made under Part 2-2A of the Act in respect of the next following year .

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.

6  Rollover of other 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 a higher education provider specified in column 2 of the table in respect of the grant specified in column 3 of the table;

                     (b)  the amount specified in column 4 of the table is the amount of the unspent amount of the grant specified in column 3 of the table.


 

 

 

 

Column 1

Column 2

Column 3

Column 4

 

Item

Higher education provider

Grant

Amount of unspent amount of grant

 

1.

University of New England

2020 ISSP rollover grant

$21,675

 

2.

University of Newcastle

2020 ISSP rollover grant

$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:       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 grants

                   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, a University of New England rollover grant and a University of Newcastle 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.

.

 

 

 

 

 

 

 

 


 

Schedule 1—Conditions

1  Using a grant

             (1)  A higher education provider specified in column 2 of the table must use the grant in column 3 of the table:

                     (a)  to administer and deliver the activity or activities specified in column 4 of the table for the provider; and

                     (b)  in the 2021 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

Column 4

 

Item

Higher education provider

Grant

Activity

 

1. 

Australian Catholic University

ISSP rollover grant

a)      Practical Placement on Country program;

b)      Development of Cultural Safety Podcasts; and

c)       Indigenous Research Residential Program.

 

2.

The Australian National University

ISSP rollover grant

Delivery of summer school and recruitment and community engagement programs.

 

Batchelor Institute of Indigenous Tertiary Education

ISSP rollover grant

Establishment and delivery of Higher Degree by Research student masterclasses.

 

4.

Bond University

 

ISSP rollover grant

Delivery of Aboriginal and Torres Strait Islander Student Higher Education Preparation and Transition Strategies Program.

 

5.

Central Queensland University

ISSP rollover grant

a)      Cross Cultural Competency Development Program for Students; and

b)      Delivery of Dare to be Deadly Video Production.

 

6.

Charles Darwin University

ISSP rollover grant

Progression grant for at-risk students.

 

7.

Charles Sturt University

ISSP rollover grant

Development of online student hub - First Nations Student Connect.

 

8.

Edith Cowan University

ISSP rollover grant

a)      Upgrades to current Indigenous student common rooms;

b)      Student Liaison  Officer; and

c)       Student Success Forum.

 

9.

Federation University Australia

ISSP rollover grant

a)      Establishment of Places of Being for three campuses;

b)      Junior University Program; and

c)       Cultural Competency Training.

 

10.

Griffith University

ISSP rollover grant

Delivery of First Peoples Student Success.

 

11.

James Cook University

ISSP rollover grant

a)      Delivery of the Indigenous Student Winter School; and

b)      Delivery of the Indigenous Student Summer pre-program.

 

12.

La Trobe University

ISSP rollover grant

a)      Development and delivery of the Wominjeka cultural training module;

b)      Mildura Indigenous Student Centre;

c)       Delivery of student engagement and outreach programs; and

d)      Delivery of the Elders in Residence Group.

 

13.

Macquarie University

ISSP rollover grant

Delivery of the Indigenous Students Are Our Future project.

 

14.

Monash University

ISSP rollover grant

Redevelopment of the Online Staff Cultural Awareness Program.

 

15.

Queensland University of Technology

ISSP rollover grant

Delivery of the Project Blue – Bilbie Labs (Virtual Songlines).

 

16.

Royal Melbourne Institute of Technology

ISSP rollover grant

Improving and expanding supplementary academic support.

 

17.

Swinburne University of Technology

ISSP rollover grant

Delivery of scholarships that assist with relocation costs, accommodation costs or relocation and accommodation costs. 

 

18.

Southern Cross University  

ISSP rollover grant

Analysis of Indigenous admission schemes and pathways.

 

19.

The University of Adelaide

ISSP rollover grant

a)      Postgraduate pathway strategy; and

b)      Cultural recognition and student facilities.

 

20.

University of New England

ISSP rollover grant

a)      Oorala Outdoor Learning Precinct;

b)      Delivery of the Improving Indigenous Student Success Rate project; and

c)       Delivery of the Learning and Leadership for Enhanced Indigenous Student Retention: Lessons from the Bachelor of Nursing project.

 

21.

University of New England

University of New England rollover grant

Delivery of the Online Learning Live Project.

 

22.

University of New South Wales

ISSP rollover grant

a)      Delivery of the Enhancing Indigenous Success project;

b)      Indigenous Pathway Programs;

c)       Nura Gili Outreach Program;

d)      Indigenous COVID-19 Assistance Program; and

e)       Improving the tutorial assistance program database and administrative processes.

 

23.

University of Newcastle

ISSP rollover grant

a)      Delivery of the Indigenous Nationals multi-sport competition;

b)      Delivery of the Year 9 Student Camp;

c)       Connecting Country Land and Culture Festival;

d)      Development of the Cultural Capability Framework; and

e)       Development and delivery of the Minecraft education resource for the Wollotuka Institute.

 

24.

University of Newcastle

University of Newcastle rollover grant

Delivery of the Indigenous Nationals multi-sport competition.

 

25.

University of Queensland

ISSP rollover grant

a)      Aboriginal and Torres Strait Islander Tertiary Preparation Program;

b)      Delivery of the façade artwork at the Aboriginal and Torres Strait Islander Unit Entrance;

c)       Review and digitalise pastoral care and academic support services; and

d)      Indigenous Staff and Student Written Collections.

 

26.

University of South Australia

ISSP rollover grant

a)      Elders in Campus: Student Resilience and Wellbeing Student Study Centre; and

b)      Mount Gambier Wirringka Student Study Centre.

 

27.

The University of Sydney

ISSP rollover grant

Pilot program for enhanced academic support for Aboriginal and Torres Strait Islander students.

 

28.

University of Wollongong

ISSP rollover grant

Indigenous HDR Writing Retreat.

 

29.

Victoria University

ISSP rollover grant

a)      Delivery of the Critical Race Praxis project; and

b)      Online Aboriginal content and community programs.

 

             (2)  A higher education provider must not use a grant specified in column 3 of the table in sub-item (1) to administer any aspect of the provider’s business other than delivery of the activity or activities specified for the provider in column 4 of the table in sub-item (1) in respect of the grant.



2  Payment to a person to deliver activities

             (1)  Subject to sub-item (2), a higher education provider may use a grant specified in column 3 of the table in sub-item 1(1) to pay a person or organisation to deliver an activity specified for the provider in column 4 of the table in sub-item 1(1) in respect of the grant.

             (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 a grant specified in column 3 of the table in sub-item 1(1) must give the reports specified in column 2 of the table in this sub-item for activities delivered using the 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), 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 a grant specified in column 3 of the table in sub-item 1(1) from a higher education provider.

             (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 a grant specified in column 3 of the table in sub-item 1(1) as if it were a grant provided for under section 5 of the Guidelines.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 


Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

exp = expires/expired or ceases/ceased to have

reloc = relocated

effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

commenced or to be commenced


Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Higher Education Support (Indigenous Students Success Program) (Rollover of Grant Amounts) Determination 2021

21 January 2021 (F2021N00015)

22 January 2021

 

Higher Education Support (Indigenous Students Success Program) (Rollover of Grant Amounts) Amendment Determination 2021

10 November 2021

(F2021N00280)

 

 

11 November 2021

 

 

 

 

 


Endnote 4—Amendment history

 

Provision affected

How affected

Section 2

rep LA s 48D

Section 5, item 2

Section 5, item 3

Section 5, item 4

Section 5, item 6

Section 5, item 7

Section 5, item 8

Section 5, item 9

Section 5, item 12

Section 5, item 13

Section 5, item 14

Section 5, item 18

Section 5, item 19

Section 5, item 20

Section 5, item 21

Section 5, item 23

Section 5, item 24

Section 5, item 26

Section 5, item 27

 

am F2021N00280

am F2021N00280

am F2021N00280

rep F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

am F2021N00280

rep F2021N00280

am F2021N00280