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This instrument rolls over an additional unspent amount of an Indigenous Student Success Program grant made in respect of the 2020 calendar year as a new grant made in the 2021 calendar year. Amounts rolled over following 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 29 Apr 2021
Table of contents.

 

Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2021

 

 

 

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

Dated  23 April 2021

Stephen Baz

Senior Adviser, National Indigenous Australians Agency

 

 

 

 

 


Contents

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

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

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

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

5  Rollover of grant amounts........................................................................................................ 1

6  Conditions on the Adelaide second rollover grant.................................................................... 2

Schedule 1—Conditions                                                                                               3

           

 

 

 

 

 

 

 

 

 

 


1  Name

                   This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2021.

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; and

(c)    Indigenous person.

                   These expressions are identified in italics in this determination.

Adelaide second rollover grant means the grant of the amount determined in paragraph 5(b) 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 the University of Adelaide in respect of the 2021 calendar year.

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

5  Rollover of 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 University of Adelaide in respect of the ISSP grant; and

                     (b)  $10,603.48 is the amount of the unspent amount of the ISSP grant.

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.

Note 3:       This instrument operates in addition to, and does not affect the amount of the unspent amount of the ISSP grant determined in relation to the University of Adelaide in, the Higher Education Support (Indigenous Student Success Program)(Rollover of Grant Amounts) Determination 2021.

6  Conditions on the Adelaide second 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 the Adelaide second 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—Conditions

1  Using a grant

             (1)  The University of Adelaide must use the Adelaide second rollover grant in the 2021 calendar year to develop and deliver cultural sensitivity training to employees of the University of Adelaide.

             (2)  The University of Adelaide must not use the Adelaide second rollover grant to administer any aspect of its business other than delivery of the activity specified in sub-item (1).   

2  Payment to a person to deliver activities

             (1)  Subject to sub-item (2), the University of Adelaide may use the Adelaide second rollover grant to pay a person or organisation to deliver the activity specified in sub-item 1(1).

             (2)  In recruiting a person to deliver the activity, the University of Adelaide must give priority to Indigenous persons.

             (3)  In procuring an organisation to deliver an activity, the University of Adelaide must give priority to organisations that employ, or provide training opportunities for, Indigenous persons

3  Reporting

             (1)  The University of Adelaide must give the reports specified in column 2 of the table in this sub-item for activities delivered using the Adelaide second rollover 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), the University of Adelaide may:

                     (a)  give the acquittals report with the acquittals report for an ISSP grant the University of Adelaide 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 University of Adelaide 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 the University of Adelaide 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 Adelaide second rollover grant from the University of Adelaide.

             (5)  The University of Adelaide 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 the Adelaide second rollover grant as if it were a grant provided for under section 5 of the Guidelines.