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Guides & Guidelines as made
This instrument sets out the eligibility criteria, amounts, and conditions that apply to grants payable in respect of grant programs that operate under Part 2-3 of Higher Education Support Act 2003.
Administered by: Education
Registered 21 Mar 2022
Tabling HistoryDate
Tabled Senate28-Mar-2022
Tabled HR29-Mar-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Higher Education Support (Other Grants) Guidelines 2022

I, Stuart Robert, Minister for Employment, Workforce, Skills, Small and Family Business, make the following Guidelines.

Dated                           17 March 2022           

Stuart Robert

Minister for Employment, Workforce, Skills, Small and Family Business

 

 

 


Contents

Part 1—Introductory provisions                                                                                 1

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

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

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

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

5  Schedules................................................................................................................................. 3

6  General outline......................................................................................................................... 4

Part 2—Programs that promote equality of opportunity in higher education—Indigenous, Regional and Low Socio-Economic Status Attainment Fund (IRLSAF)                         5

7  Outline of this Part................................................................................................................... 5

Division 1—Higher Education Participation and Partnerships Program (HEPPP)      5

8  Program objectives................................................................................................................... 5

9  Specified bodies corporate and extra conditions of eligibility................................................... 5

10  Grants to be made in respect of a year.................................................................................... 6

11  Indexation............................................................................................................................... 6

12  Method by which the amount of grants under the program are determined for a provider..... 6

13  Conditions that apply to grants............................................................................................... 7

Division 2—National Priorities Pool Program                                                       8

14  Program objectives................................................................................................................. 8

15  Specified bodies corporate and extra conditions of eligibility................................................. 8

16  Grants to be made in respect of projects................................................................................. 8

17  Conditions that apply to grants............................................................................................... 9

Division 3—Regional Partnerships Project Pool Program                                    9

18  Program objectives................................................................................................................. 9

19  Specified bodies corporate...................................................................................................... 9

20  Grants to be made in respect of projects............................................................................... 10

21  Indexation............................................................................................................................. 10

22  Conditions that apply to grants............................................................................................. 10

Division 4—Regional Loading Program                                                              10

23  Program objectives............................................................................................................... 10

24  Specified bodies corporate and extra conditions of eligibility............................................... 10

25  Grants to be made in respect of a year.................................................................................. 11

26  Indexation............................................................................................................................. 11

27  Method by which the amount of grants under the program are determined for a provider... 11

28  Conditions that apply to grants............................................................................................. 13

Division 5—Enabling Loading Program                                                              14

29  Program objectives............................................................................................................... 14

30  Specified bodies corporate and extra conditions of eligibility............................................... 14

31  Grants to be made in respect of a year.................................................................................. 14

32  Indexation............................................................................................................................. 14

33  Method by which the amount of grants under the program are determined for a provider... 14

34  Conditions that apply to grants............................................................................................. 15

Part 3—Programs that promote equality of opportunity in higher education—Disability Support Programs                                                                                                       15

35  Outline of this Part............................................................................................................... 15

Division 1—Disability Support Fund                                                                    15

36  Program objectives............................................................................................................... 15

37  Specified bodies corporate and extra conditions of eligibility............................................... 16

38  Grants to be made in respect of a year.................................................................................. 16

39  Method by which the amount of grants under the program are determined for a provider... 16

41  Conditions that apply to grants............................................................................................. 18

Division 2—Australian Disability Clearinghouse on Education and Training    19

42  Program objectives............................................................................................................... 19

43  Specified bodies corporate and extra conditions of eligibility............................................... 19

44  Grants to be made in respect of a year.................................................................................. 19

45  Method by which the amount of grants under the program are determined and applicable conditions of grant 19

Part 4—Programs that promote equality of opportunity in higher education—Women in STEM Cadetships and Advanced Apprenticeships Program                              20

46  Program objectives............................................................................................................... 20

47  Specified bodies corporate and extra conditions of eligibility............................................... 20

48  Grant distribution................................................................................................................. 21

49  Employer reserved places..................................................................................................... 21

50  Method by which the amount of grants under the program are determined.......................... 21

51  Conditions that apply to grants for providers....................................................................... 21

52  Conditions that apply to grants for Women in STEM employers......................................... 23

Part 5—Specification of National Institutes                                                             24

53  National institutes................................................................................................................. 24

Part 6—Grants to assist with the cost of higher education providers’ superannuation liabilities—Higher Education Superannuation Program                                                         24

54  Program objectives............................................................................................................... 24

55  Extra conditions of eligibility................................................................................................ 24

56  Grants to be made in respect of a year.................................................................................. 25

57  Grant amounts...................................................................................................................... 25

58  Conditions that apply to grants............................................................................................. 25

Part 7—Grants to foster collaboration and reform in higher education—University and Industry Collaboration Program                                                                                26

59  Program objectives............................................................................................................... 26

Part 8—Grants to assure and enhance the quality of Australia’s higher education sector—Higher Education Continuity Guarantee                                                               27

60  Program objectives............................................................................................................... 27

61  Specified bodies corporate and extra conditions of eligibility............................................... 27

62  Grants to be made in respect of a year.................................................................................. 27

63  Method by which the amount of grants under the program are determined for a provider... 28

Part 9—Grants to support open access to higher education across Australia—Regional University Centres Program                                                                                          29

64  Program objectives............................................................................................................... 29

65  Specified bodies corporate and extra conditions of eligibility............................................... 29

66  Conditions that apply to grants............................................................................................. 30

Part 10—Other specified bodies corporate                                                               31

67  Bodies corporate specified for the purposes of eligibility to receive grants.......................... 31

Part 11—Grants to encourage higher education providers to engage with industry—National Priorities and Industry Linkage Fund                                                                        32

68  Program objectives............................................................................................................... 32

69  Grants to be made in respect of a year.................................................................................. 32

70  Method by which the amount of grants under the program are determined for a provider... 32

71  Indexation............................................................................................................................. 33

72  Conditions of grant............................................................................................................... 33

Schedule 1—Repeal                                                                                                    34

Other Grants Guidelines (Education) 2012                                                                                   34

Schedule 2—Transitional                                                                                           35

 

 


Part 1—Introductory provisions

1  Name

                   This instrument is the Higher Education Support (Other Grants) Guidelines 2022.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

on the day after this instrument is registered.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under section 238‑10 of the Act.

4  Definitions

Note:          A number of expressions used in this instrument are defined in Schedule 1 of the Act, including the following:

(a)    ABS Remoteness Structure;

(b)    Australian Qualifications Framework;

(c)    Australian university;

(d)    course of study;

(e)    domestic student;

(f)    enabling course;

(g)    EFTSL;

(h)    higher education provider;

(i)     Table A provider; and

(j)     unit of study.

                   In this instrument:

Act means the Higher Education Support Act 2003.

campus means the physical location at which a provider delivers a unit of study and, for online or distance education courses of study or where studies require attendance at external locations (such as a health centre, teaching hospital or agricultural farm), the campus is the location from which the course is administered.

Commonwealth assisted student means a person undertaking tertiary education and receiving any of the following kinds of assistance from the Commonwealth:

                     (a)  assistance under Chapter 3 of the Act;

                     (b)  a VET student loan;

                     (c)  a payment or loan (however described) under any of the following Acts, for which the person qualifies because he or she is undertaking study:

                              (i)  Social Security Act 1991;

                             (ii)  Student Assistance Act 1973;

                            (iii)  Trade Support Loans Act 2014;

                     (d)  a payment under the ABSTUDY Scheme (within the meaning of the Student Assistance Act 1973).

Commonwealth supported student load means the EFTSL of students in Commonwealth supported places.

Department means the Department of State responsible for administering the Act and a reference in this instrument to the Department doing something is a reference to the Secretary or an APS employee who is a delegate of the Secretary under subsection 238‑1(1) of the Act.

Equity policy, practice and programs means strategies, initiatives and interventions to support the needs of students from under-represented backgrounds.

Equity student outcomes means educational outcomes (including transition to employment) for students from under-represented backgrounds.

external when used in context as of a way of attending education, means a mode of attendance for a unit of study in circumstances where the provider delivers the course materials to the student and the student is not required to attend classes on campus on a regular basis.

FEE-HELP loan fee is the difference between a student’s FEE HELP debt and FEE-HELP loan, if any, as referred to in subsection 137-10(2) of the Act.

HESDC means Higher Education Student Data Collection.

internal when used in context as of a way of attending education, means a mode of attendance for a unit of study in circumstances where the student must attend classes at the provider’s facilities on a regular basis.

low socioeconomic background refers to a person whose residential address is in the lowest quartile, by Statistical Area 1, as referred to in the document published by the Australian Statistician as Socio-Economic Indexes for Areas (SEIFA) (as that document was in force at the time this instrument was made).

multi-modal means a mode of attendance for a unit of study that is undertaken partially in an internal mode of attendance and partially in an external mode.

outreach when used in context of higher education, refers to a range of programs and activities delivered by a higher education provider or other organisation that is designed to build or enable an individual’s aspiration to attend higher education.

provider means a higher education provider.

STEM means science, technology, engineering and mathematics.

STEM Fields of Education means a field of education referred to in the document published in 2001 by the Australian Statistician titled Australian Standard Classification of Education (ASCED) starting with 01 (natural and physical sciences), 02 (information technology), 03 (engineering and related technologies), or 05 (agriculture, environmental and related studies).

Tertiary Collection of Student Information (or TCSI) system means the data reporting system of that name maintained by the Department.

5  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


 

6  General outline

Section 238-10 of the Act states that the Minister may, by legislative instrument, make Other Grant Guidelines which provide for matters required or permitted by Part 2-3 of the Act, which deals with other grants. 

Section 41-5 of the Act says that the provisions of Part 2-3 indicate when a particular matter is or may be dealt with in these guidelines, as summarised below.

Section 41-10 of the Act contains a table which states the purposes for which other grants made under Part 2-3 of the Act may be made and says that the Other Grant Guidelines may:

                     (a)  specify certain bodies corporate that are eligible for grants in relation to particular purposes set out in the table in that section;

                     (b)  specify national institutes for the purposes of item 4 in the table in that section; and

                     (c)  specify extra conditions of eligibility to receive a grant under a program that is also specified in these Guidelines.

Subsection 41-15(1) of the Act states that Other Grants Guidelines may specify one or more programs under which grants for particular purposes specified in the table in subsection 41‑10(1) are to be paid. 

Subsection 41-15(2) of the Act says that, if the Other Grants Guidelines specify a program for a grant for a particular purpose, the guidelines may also specify all or any of the following matters for the program:

                     (a)  the program’s objectives;

                     (b)  the extra conditions of eligibility to receive a grant under the program;

                     (c)  the amount, being a part of the amount referred to in section 41‑45 for a year, that will be spent on the program in that particular year;

                     (d)  the indexation of that amount for subsequent years, using the method of indexation set out in Part 5‑6 of the Act;

                     (e)  the method by which the amount of grants under the program will be determined;

                      (f)  whether grants under a program are in respect of a year or a project;

                     (g)  the conditions that apply to grants under the program.

Subsection 41-25(1) of the Act states that, if a grant is made under a program and the Other Grants Guidelines specify conditions that apply to a grant under that program, the grant is made on the conditions provided for in the guidelines (however the Minister may also determine other conditions). 

Section 41-30 of the Act states that the Other Grant Guidelines may also specify a method by which the amount of grants under a program are to be determined. 

 

Part 2—Programs that promote equality of opportunity in higher education—Indigenous, Regional and Low Socio-Economic Status Attainment Fund (IRLSAF)

7  Outline of this Part

Item 1 of the table in section 41-10 of the Act states that other grants may be made for the purpose of promoting equality of opportunity in higher education.

Each Division of this Part specifies separate programs for this purpose.

Each program provides grants to Table A providers, to encourage the enrolment of Indigenous persons, people from a regional area or a remote area, and people from a low socioeconomic background.

 

Division 1Higher Education Participation and Partnerships Program (HEPPP)

8  Program objectives

             (1)  The Higher Education Participation and Partnerships Program is specified for the purpose of promoting equality of opportunity in higher education.

             (2)  The objective of the Higher Education Participation and Partnerships Program is to promote equality of opportunity in higher education by improving:

                     (a)  outreach initiatives to widen and enable higher education aspiration and promote higher education to persons from a low socioeconomic background, persons from regional areas and remote areas, and Indigenous persons; and

                     (b)  the extent to which persons from a low socioeconomic background, persons from regional areas and remote areas, and Indigenous persons access, participate, remain and succeed in higher education, and obtain higher education awards.

9  Specified bodies corporate and extra conditions of eligibility

                   There are no specified bodies corporate or extra conditions of eligibility for the Higher Education Participation and Partnerships Program.

Note:          Under section 41-10 of the Act, Table A providers are eligible for grants made for the purpose of promoting equality of opportunity in higher education.

10  Grants to be made in respect of a year

             (1)  Grants under this program are in respect of a year.

             (2)  The amount, being a part of the amount referred to in section 41‑45 of the Act, that will be spent on the program in 2022 is $140,146,842.

Note 1:       See section 11 for indexation that applies for future years (2023 onwards).

Note 2:       Under section 41-20 of the Act, grants are subject to approval by the Minister.

11  Indexation

                   The amount listed in subsection 10(2) is to be indexed for subsequent years using the method of indexation set out in Part 5-6 of the Act.

Note 1:       Part 5-6 of the Act contains an indexation method that adjusts certain amounts against the Consumer Price Index.

Note 2:       Unspent grant amounts in a year are also subject to the rollover of grant amount rules in section 41-40 of the Act.

12  Method by which the amount of grants under the program are determined for a provider

             (1)  Grants will be made to eligible higher education providers each year based on the provider’s percentage share of total students of all providers who are domestic undergraduate students from a low socioeconomic background, students from regional areas and remote areas and Indigenous students, using the applicable formula for a year as set out in subsection (2).

             (2)  Grant amounts for a provider for a year are to be calculated by applying the following formulas as applicable to the year (ignoring any amount rolled over because of section 41-40 of the Act):

 

 

 

                   Where:

               A  is the total amount available for the year under the program, as set out in subsection 10(2);

               B  is the total number of domestic undergraduate students from low socioeconomic backgrounds enrolled at the relevant higher education provider, as reflected by the most recent data reported by the provider through the Tertiary Collection of Student Information (TCSI) system;

               C  is the total number of domestic undergraduate students from low socioeconomic backgrounds enrolled at all Table A providers, as reflected by the most recent data reported by those providers through the TCSI system;

              D  is the total number of domestic undergraduate students with a permanent residential address in a regional area or a remote area at the time the person first enrols in a course of study with the relevant provider, as reflected by the most recent data reported about this matter through the TCSI system;

               E  is the total number of domestic undergraduate students at all Table A providers that have a permanent residential address in a regional area or a remote area at the time the person first enrols in a course of study with their provider, as reflected by the most recent data reported by those providers through the TCSI system;

               F  is the total number of domestic undergraduate Indigenous persons enrolled at the relevant higher education provider, as reflected by the most recent data reported by the provider through the TCSI system;

              G  is the total number of domestic undergraduate Indigenous persons enrolled at all Table A providers, as reflected by the most recent data reported by those providers through the TCSI system.

             (3)  In subsection (2) a reference to most recent data means the data for a full year reported through the TCSI system as at the last quarter of the year prior to the year to which the grant relates.

13  Conditions that apply to grants

             (1)  For the purposes of section 41-25 of the Act, conditions that apply to grants under the Higher Education Participation and Partnerships Program are set out in this section.

             (2)  Grants under the Higher Education Participation and Partnerships Program may only be spent on activities that:

                     (a)  benefit current and prospective domestic undergraduate students from low socioeconomic backgrounds, students from regional areas and remote areas and Indigenous students; and

                     (b)  address the specific disadvantages faced by the provider’s students, and prospective students, from low socioeconomic backgrounds, regional areas and remote areas, and Indigenous populations.

             (3)  To avoid doubt, grants under the Higher Education Participation and Partnerships Program may not be spent on:

                     (a)  infrastructure, including maintenance and construction of buildings, fixtures, roads and pathways; and

                     (b)  facilities, services or transport vehicles that are not principally for the use or benefit of students from low socioeconomic backgrounds, regional and remote areas, or Indigenous students.

             (4)  A provider in receipt of a grant must submit reports and financial acquittals to the Department at least annually in the form specified by the Department.

Note:          The Minister has the power under section 41-25 of the Act to impose conditions in relation to reporting and, without limitation, may require reports that deal with:

·         strategies and policies which support students from low socioeconomic backgrounds, students from regional and remote areas and Indigenous students;

·         activities planned and undertaken with grant funding;

·         evaluation of activities undertaken;

·         acquittal of expenditure.

Division 2National Priorities Pool Program

14  Program objectives

             (1)  The National Priorities Pool Program is specified for the purpose of promoting equality of opportunity in higher education.

             (2)  The objective of the National Priorities Pool Program is to provide grants to higher education providers to conduct research projects and trial initiatives designed to:

                     (a)  inform future equity policy development and equity practice nationally and at an institutional level;

                     (b)  help increase the number of persons from a low socioeconomic background, persons from regional areas and remote areas, and Indigenous persons who aspire to, access, participate in, remain in, and succeed in higher education; and

                     (c)  help increase the number of persons from a low socioeconomic background, persons from regional areas and remote areas, and Indigenous persons who obtain higher education awards.

15  Specified bodies corporate and extra conditions of eligibility

                   There are no specified bodies corporate or extra conditions of eligibility for the National Priorities Pool Program.

Note:          Under section 41-10 of the Act, Table A providers are eligible for grants made for the purpose of promoting equality of opportunity in higher education.

16  Grants to be made in respect of projects

             (1)  Grants under the National Priorities Pool Program are made in respect of projects.

             (2)  The amount, being a part of the amount referred to in section 41‑45 of the Act for a year, that will be spent on the program for each of the 2022, 2023, 2024 and 2025 years, is $6,500,000.

Note 1:       Under section 41-20 of the Act, grants are subject to approval by the Minister.

Note 2:       Unspent grant amounts in a year are also subject to the rollover of grant amount rules in section 41-40 of the Act.

17  Conditions that apply to grants

             (1)  For the purposes of section 41-25 of the Act, conditions that apply to grants under the National Priorities Pool Program are set out in this section.

             (2)  Grants under the National Priorities Pool Program may only be spent on projects for the following purposes:

                     (a)  conducting research that builds the evidence base that informs equity policy and practice; and

                     (b)  conducting trials of innovative approaches to equity policy and practice;

                     (c)  more effective and efficient implementation of equity policy and programs;

                     (d)  responses to emerging priorities that will maximise equity student outcomes.

Note:          The Minister may impose other conditions that apply to grants under paragraph 41‑25(1)(c) of the Act.

Division 3Regional Partnerships Project Pool Program

18  Program objectives

             (1)  The Regional Partnerships Project Pool Program is specified for the purpose of promoting equality of opportunity in higher education.

             (2)  The objective of the Regional Partnerships Project Pool Program is to provide grants to higher education providers to:

                     (a)  assist Table A providers and Regional University Centres to link with other providers, including non-university higher education providers, schools, vocational education and training providers and community organisations to develop and implement innovative and practical outreach initiatives in regional and remote areas;

                     (b)  support collaboration between Table A providers and Regional University Centres to ensure a coordinated approach to identifying and engaging with stakeholders (including those referred to in paragraph (a));

                     (c)  direct resources to target regional areas and remote areas where there are barriers to aspiration and preparedness for higher education and where transition to higher education is constrained; and

                     (d)  facilitate research and collaboration in the higher education sector and support an ongoing nationally coherent response to issues and barriers faced by students from regional areas and remote areas.

19  Specified bodies corporate

                   Bodies corporate in receipt of a grant under the Regional University Centres Program referred to in Part 9 of these Guidelines are also specified as eligible to receive a grant under the Regional Partnerships Project Pool Program.

Note:          Under section 41-10 of the Act, Table A providers are also eligible for grants made for the purpose of promoting equality of opportunity in higher education.

20  Grants to be made in respect of projects

             (1)  Grants under the Regional Partnerships Project Pool Program are made in respect of projects.

             (2)  The amount, being a part of the amount referred to in section 41‑45 of the Act, that will be spent on the program for 2022 is 2,648,145.

             (3)  The amount, being a part of the amount referred to in section 41‑45 of the Act, that will be spent on the program for 2024 is $1,784,000 multiplied by the indexation factor (within the meaning of subsection 198-15(1) of the Act) for 2024.

Note:          Under section 41-20 of the Act, grants are subject to approval by the Minister.

21  Indexation

(1)   The amount mentioned in subsection 20(2) for the year 2022 is to be indexed for the year 2023 using the method of indexation set out in Part 5-6 of the Act.

Note 1:       Part 5-6 of the Act contains an indexation method that adjusts certain amounts against the Consumer Price Index.

Note 2:       Unspent grant amounts in a year are also subject to the rollover of grant amount rules in section 41-40 of the Act.

22  Conditions that apply to grants

                   The Minister may impose conditions that apply to grants under this program under paragraph 41‑25(1)(c) of the Act.

Division 4Regional Loading Program

23  Program objectives

             (1)  The Regional Loading Program is specified for the purpose of promoting equality of opportunity in higher education.

             (2)  The objective of the Regional Loading Program is to promote equality of opportunity in higher education by providing additional funding to eligible higher education providers to assist those providers to offset higher operating costs of regional campuses in comparison with major city campuses.

24  Specified bodies corporate and extra conditions of eligibility

             (1)  There are no specified bodies corporate for the Regional Loading Program.

Note:          Under section 41-10 of the Act, Table A providers are eligible for grants made for the purpose of promoting equality of opportunity in higher education.

             (2)  A higher education provider will be eligible for grant under the Regional Loading Program in relation to a particular campus of the provider if the average student load for the campus is a minimum of 50 internal and multi-modal Commonwealth supported students, expressed as EFTSL. 

             (3)  For the purpose of subsection (2) and section 27 Commonwealth supported student load at Batchelor Institute of Indigenous Tertiary Education is counted towards Charles Darwin University’s average student load.

25  Grants to be made in respect of a year

             (1)  Grants under the Regional Loading Program are made in respect of a year.

             (2)  the amount, being a part of the amount referred to in section 41‑45 of the Act for a year, that will be spent on the program in 2022, is $77,129,263—that amount is indexed in accordance with section 26.

Note:          Under section 41-20 of the Act, grants are subject to approval by the Minister.

26  Indexation

                   The amount mentioned in subsection 25(2) for the year 2022 is to be indexed for subsequent years using the method of indexation set out in Part 5-6 of the Act.

Note 1:       Part 5-6 of the Act contains an indexation method that adjusts certain amounts against the Consumer Price Index.

Note 2:       Unspent grant amounts in a year are also subject to the rollover of grant amount rules in section 41-40 of the Act.

27  Method by which the amount of grants under the program are determined for a provider

Average student load

             (1)  A grant under the Regional Loading Program for each eligible provider is to be calculated using the most recent Commonwealth supported student load data for the reporting years as verified by the provider through the HESDC, as accepted by the Department.

             (2)  The average student load for the purposes of this section is the EFTSL of the Commonwealth supported student load, as expressed as an average for the most recent three years for which HESDC full year student load data is available.

Note:          This means that the calculation of average student load will be updated annually as new HESDC full year student load data becomes available.

RLP Remoteness Categories

             (3)  A grant is calculated for a provider for each campus and depends upon the remoteness category of each of the provider’s eligible campuses (as provided for in subsections (4), (5) and (6)).

             (4)  The remoteness category for a campus is determined by where the campus is physically located by reference to the ABS Remoteness Structure.  

             (5)  The loading (expressed as L in the formula in subsection (7)) for the remoteness categories is as follows:

 

Remoteness category

Loading (L)

Remote and very remote

20%

Darwin region

15%

Outer regional

10%

Inner regional

5%

Major city and overseas

0%

 

             (6)  For purposes of this section, the Darwin region is defined as the area of the Northern Territory that is not classified as remote or very remote in the ABS Remoteness Structure.

Formula

             (7)  Grant amounts for eligible providers are to be calculated by applying the following formula:

                   Where:

               is the grant for a provider (p) under the Regional Loading Program;

               is the loading for the location of a provider’s campus as referred to in subsection (5);

               is the average student load, expressed as EFTSL, of the internal and multi-modal Commonwealth supported students enrolled at the relevant eligible campus (c);

               is the loading for the location of a provider’s main campus as referred to in subsection (5);

               is the average student load based on the EFTSL of a provider’s (p) external Commonwealth supported student load;

                 is the variation required to ensure the expenditure is within the RLP grant made for that calendar year.

Detailed explanation of the formula

             (8)  The formula in subsection (7) has two components—the first is based on the EFTSL of the internal and multi-modal Commonwealth supported student load of each of a provider’s eligible campuses, the second is based on the provider’s external Commonwealth supported student load.

             (9)  The first component of the formula for a provider is calculated by multiplying the average student load of a provider’s internal and multi-modal Commonwealth supported student load for each eligible campus by the remoteness loading for the physical location of that eligible campus—the totals for each of a provider’s eligible campuses are added together to calculate the grant amount for the provider.

           (10)  The second component of the formula for a provider is calculated by multiplying 50 per cent of the average student load of a provider’s external Commonwealth supported student load by the remoteness loading for the provider’s main campus—for this purpose a provider’s main campus is the campus that has the highest average student load based on the EFTSL of the average internal and multi-modal Commonwealth supported student load.

           (11)  The amount of funding available under the Regional Loading Program is capped for each calendar year—to ensure that this total funding is not exceeded for a year, the following process is used to adjust the final amount of the grant to be paid to each eligible provider in a calendar year:

 

                     (a)  initially a preliminary grant amount for each provider is calculated using the formula in subsection (7), without reference to the variation expressed as V.

                     (b)  then the preliminary grant amount for each provider is added to determine an interim grant total—();

                     (c)  to establish the value of the variation () for determining the final grant amount, the grant amount available for the calendar year less any transitional support payment () is divided by the interim grant total by applying the formula—();

                     (d)  to calculate the final grant amount for each provider for a year, the formula in subsection (7) is reapplied using the value for  as mentioned in paragraph (c).

Calculation of grants for recently established campuses

           (12)  Where the available HESDC full year student load data for a recently established campus is less than three years, the average student load will be calculated based on the Commonwealth supported student load (EFTSL) over the number of years for which the data is available.

           (13)  A provider will be eligible for grant under the Regional Loading Program in relation to a new campus if the average student load for the campus, calculated using the method in subsection (12), is at least 50 EFTSL (for internal and multi-modal attendance).

28  Conditions that apply to grants

                   The Minister may impose conditions that apply to grants under this program under paragraph 41‑25(1)(c) of the Act.

Division 5Enabling Loading Program

29  Program objectives

             (1)  The Enabling Loading Program is specified for the purpose of promoting equality of opportunity in higher education.

             (2)  The objective of the Enabling Loading Program is to promote equality of opportunity in higher education by providing additional funding to assist providers to enrol students in enabling courses, with a focus on students with educational disadvantage, such as those from a low socioeconomic background, regional areas and remote areas, and Indigenous people.

30  Specified bodies corporate and extra conditions of eligibility

                   There are no specified bodies corporate or extra conditions of eligibility for the Enabling Loading Program.

Note:          Under section 41-10 of the Act, Table A providers are eligible for grants made for the purpose of promoting equality of opportunity in higher education.

31  Grants to be made in respect of a year

             (1)  Grants under the Enabling Loading Program are made in respect of a year.

             (2)  In 2022, the amount of enabling loading is $3,484 for each Commonwealth supported place—that total amount is indexed for subsequent years in accordance with section 32.

Note:          Under section 41-20 of the Act, grants are subject to approval by the Minister.

32  Indexation

                   The amount mentioned in subsection 31(2) for the year 2022 is to be indexed for subsequent years using the method of indexation set out in Part 5-6 of the Act.

Note 1:       Part 5-6 of the Act contains an indexation method that adjusts certain amounts against the Consumer Price Index.

Note 2:       Unspent grant amounts in a year are also subject to the rollover of grant amount rules in section 41-40 of the Act.

33  Method by which the amount of grants under the program are determined for a provider

Average student load

             (1)  A grant under the Enabling Loading Program is made for each provider for a year and is to be calculated by applying the following formula:

           

                   Where:

               B  is the lesser of:

                     (a)  the number of Commonwealth supported places in enabling courses the provider actually provides in the grant year; and

                     (b)  the number of places allocated in writing by the Department for the provider for the grant year for enabling courses; and

               C  is the amount of enabling loading (as referred to in subsection 31(2)) for each Commonwealth supported place in enabling courses.

34  Conditions that apply to grants

                   The Minister may impose conditions that apply to grants under this program under paragraph 41‑25(1)(c) of the Act.

Part 3—Programs that promote equality of opportunity in higher education—Disability Support Programs

35  Outline of this Part

Item 1 of the table in section 41-10 of the Act states that other grants may be made for the purpose of promoting equality of opportunity in higher education.

Each Division of this Part specifies separate programs for this purpose.

Each program provides grants to Table A providers, to promote equality of opportunity in higher education by providing support to students with disability to access, participate in and succeed in higher education.

 

Division 1Disability Support Fund

36  Program objectives

             (1)  The Disability Support Fund is specified as a program for the purpose of promoting equality of opportunity in higher education.

             (2)  The objective of the Disability Support Fund is to promote equality of opportunity in higher education by providing supplementary funding to providers to assist them to attract domestic students with disability to participate in higher education, and to assist providers to deliver appropriate support for them to succeed.

37  Specified bodies corporate and extra conditions of eligibility

                   There are no specified bodies corporate or extra conditions of eligibility for the Disability Support Fund.

Note:          Under section 41-10 of the Act, Table A providers are eligible for grants made for the purpose of promoting equality of opportunity in higher education.

38  Grants to be made in respect of a year

                   Grants under this program are in respect of a year.

39  Method by which the amount of grants under the program are determined for a provider

Total grants funds available under Disability Support Programs

             (1)  The total amount available for the two Disability Support Programs (the Disability Support Fund and the Australian Disability Clearinghouse on Education and Training) in 2022 is $7,991,730 (the 2022 DSP Grants Total), which is subject to indexation for future years under section 40.

             (2)  The total amount of funding available for the Disability Support Fund in any year is the 2022 DSP Grants Total, as indexed, less the amount allocated to the Australian Disability Clearinghouse on Education and Training under section 45 (the DSF yearly total).

             (3)  Subject to subsection (7), a grant amount under the Disability Support Fund for a provider is calculated by adding:

                     (a)  the enrolments-based grant amount for a provider (mentioned in subsection (4)); and

                     (b)  the amount for students with disability with high cost needs for a provider (mentioned in subsection (6)).

Note:          Under section 41-20 of the Act, grants are subject to approval by the Minister.

             (4)  The enrolments-based grant amount for a provider, for a year, subject to subsection (8), to be calculated by:

                     (a)  dividing:

                              (i)  the number of domestic students with disability enrolled at the provider in the most recent year for which data is available (based on data reported by the provider through TCSI during the second half of the preceding year for that year); by

                             (ii)  the number of domestic students with disability enrolled at all Table A providers in the most recent year for which data is available (based on data reported by all Table A providers through TCSI as at the last quarter of the year prior to the year to which the grant relates); and

                     (b)  multiplying the result of (a) by 55 percent of the DSF yearly total (as mentioned in subsection (2)) (the enrolments-based grant pool)).

             (5)  For the purposes of subsection (6):

                     (a)  a student with disability and high cost needs is a domestic student enrolled with a provider, who has been assessed by the provider as having disability, and has received from the provider educational support and equipment related to that disability in a calendar year for an amount that exceeds $10,271 in 2022 (subject to indexation under section 40);

                     (b)  a claim for educational support and equipment means a claim made by a provider with the Department, in relation to the year preceding the year to which a grant relates, and which outlines expenses associated with educational support and equipment provided to a student with disability and high cost needs.

             (6)  The amount for students with disability with high cost needs for a provider, for a year, subject to subsection (7), is to be calculated by:

                     (a)  dividing:

                              (i)  the sum of the claims for educational support and equipment submitted by the provider, as mentioned in subsection (5), that can be attributed to students with disability and high cost needs in the preceding year; by

                             (ii)  the total of all claims for educational support and equipment submitted by all Table A providers that can be attributed to students with disability and high cost needs in the preceding year; and

                     (b)  multiplying the result of (a) by 45 percent of the DSF yearly total (as mentioned in subsection (2)).

             (7)  In any case where the amount for students with disability with high costs needs calculated for a provider in accordance is subsection (6) is higher than the expenses associated with the claims for educational support and equipment made by that provider (as mentioned in subparagraph (6)(a)(i)), the amount payable to the provider in respect of those claims is to be no more than the expenses associated with those claims. 

             (8)  In any year, if the sum of claims for educational support and equipment made by all providers is less than the total of the amounts for students with disability with high cost needs payable to all providers as calculated under subsection (6) (and, where applicable, subsection (7)), the difference is to be added to the enrolments based grant pool mentioned in subsection (4) when calculating the enrolments-based grant amount for a provider.

40  Indexation

                   The dollar amounts mentioned in subsections 39(1) and 39(5) for the year 2022 are to be indexed for subsequent years using the method of indexation set out in Part 5-6 of the Act.

Note 1:       Part 5-6 of the Act contains an indexation method that adjusts certain amounts against the Consumer Price Index.

41  Conditions that apply to grants

             (1)  For the purposes of section 41-25 of the Act, conditions that apply to grants under the Disability Support Fund are set out in this section.

             (2)  Grant amounts under this program may only be spent:

                     (a)  on activities aimed at attracting and supporting students with disability to participate in higher education;

                     (b)  on educational support and equipment for students with disability;

                     (c)  for the purpose of making modifications to course content, teaching materials and delivery methods to better meet the needs of students with disability; and

                     (d)  to train staff to support students with disability.

             (3)  For the purposes of paragraph (2)(b), educational support and equipment for students with disability involves, at a minimum:

                     (a)  obtaining evidence of students’ disability and support needs;

                     (b)  undertaking a needs assessment of students’ need for a reasonable adjustment in accordance with the Disability Standards for Education 2005; and

                     (c)  ensuring any educational support service or equipment provided or adjusted using grant funds reasonably meets students’ needs for successfully engaging in a course of study or program.

             (4)  Providers must maintain an evidence and assessment process in relation to their use of grant funds, by keeping records (for the preceding 7 year period) of the medical, specialist or other advice obtained in verifying disability and support needs.

             (5)  Providers must publish a disability needs assessment procedure on the provider’s website in a format that is readily available and accessible.

             (6)  To avoid doubt, the reference in subsection (2) to grant amounts only being able to be spent on purposes listed in that provision means that grant amounts under this program may not be spent on:

                     (a)  construction and maintenance of infrastructure (including buildings, fixtures, roads and pathways);

                     (b)  staff salaries and other costs relating to the ongoing operation of general disability support services and facilities that are integral to the provision of education for all students;

                     (c)  provision of personal care for students with disability (such as care to assist with daily activities such as eating, dressing, grooming and commuting, or assistance with medication or treatment); and

                     (d)  any support service, equipment, or transport that is or may be reasonably available to the student under the National Disability Insurance Scheme.

             (7)  A provider must report to the Department annually on the progress and outcomes of the funded activities as mentioned in subsection (2) in a format acceptable to the Department.

Note 1:       Part 2-5 of the Act deals with circumstances in which grants may be required to be reduced or repaid.

Division 2Australian Disability Clearinghouse on Education and Training

42  Program objectives

             (1)  The Australian Disability Clearinghouse on Education and Training is specified as a program for the purpose of promoting equality of opportunity in higher education.

             (2)  The objective of the Australian Disability Clearinghouse on Education and Training is to provide information, advice, and online resources (including in a form able to be downloaded and used) through a website, hosted by a provider, to disability practitioners, teachers and students to promote inclusive teaching and learning practices for students with disability.

43  Specified bodies corporate and extra conditions of eligibility

                   There are no specified bodies corporate or extra conditions of eligibility for the Disability Support Fund.

Note:          Under section 41-10 of the Act, Table A providers are eligible for grants made for the purpose of promoting equality of opportunity in higher education.

44  Grants to be made in respect of a year

                   Grants under this program are in respect of a year.

45  Method by which the amount of grants under the program are determined and applicable conditions of grant

             (1)  A grant under this program will be made to a specific provider chosen to host the website referred to in section 42.

             (2)  The Minister will determine conditions that apply to grant funds under this program, and the grant amount, under paragraphs 41-25(1)(c) and 41-30(b) of the Act.

 

Part 4—Programs that promote equality of opportunity in higher education—Women in STEM Cadetships and Advanced Apprenticeships Program

46  Program objectives

             (1)  The Women in STEM Cadetships and Advanced Apprenticeships Program is specified as a program for the purpose of promoting equality of opportunity in higher education.

             (2)  The objective of the Women in STEM Cadetships and Advanced Apprenticeships Program is to provide grants to higher education providers and employers, to improve the participation of women in STEM Fields of Education.

             (3)  The program supports cadetship and advanced apprenticeship models of course delivery that are designed to:

                     (a)  increase the number of women with STEM qualifications in the labour force;

                     (b)  help women to upskill in STEM or gain job relevant skills to help build a STEM career; and

                     (c)  produce graduates with practical workplace skills in STEM sectors vital to Australia’s future productivity.

47  Specified bodies corporate and extra conditions of eligibility

             (1)  The following bodies corporate are specified for the purposes of item 1 in the table in section 41-10 of the Act:

                     (a)  higher education providers (providers) (other than Table A providers); or

                     (b)  employers that employ women undertaking a STEM qualification (Women in STEM employers).

Note:          Under section 41-10 of the Act, Table A providers are eligible for grants made for the purpose of promoting equality of opportunity in higher education and do not need to be specified in these Guidelines.

             (2)  It is an extra condition of eligibility that Women in STEM employers and providers:

                     (a)  where requested, agree to enter into a deed of agreement with the Commonwealth under this Part; and

                     (b)  enter into a restricted access arrangement in relation to allocated employer reserved places.

Note:          The term employer reserved place is defined in Schedule 1 of the Act as a place, in a course of study, made available under a restricted access arrangement for the course.

48  Grant distribution

                   Grants under this program will be distributed twice per calendar year.

49  Employer reserved places

             (1)  For the purposes of subsection 47(2), there are up to 500 employer reserved places to allocate to eligible providers across the 2021, 2022, 2023 and 2024 years.

             (2)  Each employer reserved place is equivalent to 0.5 EFTSL for a year (with the result that there is the equivalent of 1000 EFTSL available over 4 years).

             (3)  Employer reserved places will be allocated based on the results of an application process conducted by the Department.

50  Method by which the amount of grants under the program are determined

             (1)  Subject to subsection (4), the Minister will specify the grant amount for a provider or Women in STEM employer under paragraph 41‑30(b) of the Act (and may do so when entering into a deed of agreement with the provider or Women in STEM employer).

             (2)  Grant amounts payable to a provider will be made in relation to students enrolled in an employer reserved place, as mentioned in subsection 47(2) and will be no more than the difference between a student’s total fee liability for the relevant course of study and any up-front fees payable by or on behalf of the student for the course (the student contribution) and as agreed in a deed of agreement with the Commonwealth.

             (3)  A provider may be awarded an extra amount, as specified in their deed of agreement with the Commonwealth (as mentioned in subsection 51(4)), for the purposes of promoting equality of opportunity in higher education (an additional equality of opportunity payment).

             (4)  The maximum grant amount for a Women in STEM employer is $5,000 for each student, for a year, over the duration of the course of study.

51  Conditions that apply to grants for providers

Where student eligible for FEE-HELP

             (1)  Where a student enrolled in an employer reserved place under the Women in STEM Cadetships and Advanced Apprenticeships Program is eligible for FEE-HELP in relation to units of study as part of the relevant course of study, the provider must accept the grant provided by the Commonwealth (except any additional equality of opportunity payment, as referred to in subsection 49(3)) as an up-front payment made on behalf of the student in relation to the unit for the purposes of section 107-1 of the Act.

             (2)  Where, but for this subsection, a student would have incurred a FEE-HELP loan fee in accordance with paragraph 137-10(2)(b) of the Act, in relation to a unit of study to which a grant under this Division relates, an additional grant amount is payable to the provider to be applied as an up-front payment made on behalf of the student, and is to be calculated as the amount that would result in the student’s FEE-HELP debt being increased by only so much as it would have if no loan fee applied.

Providers must achieve program objectives and enter a deed

             (3)  A grant to a provider under the Women in STEM Cadetships and Advanced Apprenticeship Program must be used to achieve the program objectives (as mentioned in section 46).

             (4)  A provider must, on request, enter into a deed of agreement with the Commonwealth, in a form required by the Commonwealth, in relation to grant funding under this program.

Conditions in respect of courses and students

             (5)  Courses of study provided by providers to students in allocated employer reserved places must meet the following requirements:

                     (a)  the course of study must lead to an Australian Qualifications Framework qualification at levels 5 or 6;

                     (b)  the course of study may articulate into a related course of study at the bachelor level or higher;

                     (c)  the course of study must lead to a qualification in one of the STEM Fields of Education; and

                     (d)  the course of study must be offered in a mode that enables it to be undertaken part-time whilst the student remains employed.

             (6)  Students enrolled in allocated employer reserved places must be:

                     (a)  women;

                     (b)  enrolled part-time; and

                     (c)  employed by an employer that agrees with the provider or with the Commonwealth to provide conditions (including by releasing the student from work) that allow those students to study over the duration of the course of study.

             (7)  Providers may not charge a student more than a maximum tuition fee as specified in their deed of agreement with the Commonwealth under subsection (4).

Reporting

             (8)  Providers in receipt of a grant under the Women in STEM Cadetships and Advanced Apprenticeships Program are required to report on performance twice annually in the format requested by the Department.

             (9)  These reports must include, at a minimum, the following information:

                     (a)  number of students enrolled and the course of study in which they are enrolled for the purposes of the Women in STEM Cadetships and Advanced Apprenticeships Program;

                     (b)  the provider’s compliance with the conditions applicable to its use of the additional equality of opportunity payment set out in the deed, if applicable; 

                     (c)  student attrition, progression and completion; and

                     (d)  any additional criteria to satisfy their deed of agreement.

52  Conditions that apply to grants for Women in STEM employers

Women in STEM employers must achieve program objectives and enter a deed, where required

             (1)  A grant to a Women in STEM employer must be used to achieve the program objectives (as mentioned in section 46).

             (2)  Women in STEM employers must:

                     (a)  agree to release participating employees for study purposes over the duration of the course to be agreed with the student and provider;

                     (b)  where required, enter into a deed of agreement with the Commonwealth which will set, at a minimum, the maximum grant amount for an employer and the study conditions that the employer will provide for any employees undertaking study under the Women in STEM Cadetships and Advanced Apprenticeships Program; and

                     (c)  where required by the Department, report on performance twice annually in the format requested.

             (3)  Women in STEM employers must only use grants to support the provision of courses of study covering STEM Fields of Education for women and specifically for one or more of the following purposes:

                     (a)  to provide flexible working arrangements to support the provision of higher education and enable employees to undertake study;

                     (b)  to collaborate with higher education providers on the development or design of courses of study;

                     (c)  work-based assessment;

                     (d)  supervision;

                     (e)  providing study equipment and resources;

                      (f)  reimbursing employees for expenses relating to their study;

                     (g)  work integrated learning; and

                     (h)  associated program administration.

 

Reporting

             (4)  Women in STEM employers must, on request, provide a report that includes, at a minimum, the following information:

                     (a)  numbers of employees enrolled in allocated employer reserved places;

                     (b)  hours each employee is released from work for study (and whether as paid or unpaid time) and as a proportion of work time; and

                     (c)  any additional criteria to satisfy their deed of agreement (as referred to in paragraph 52(2)(b)).

 

Part 5—Specification of National Institutes

53  National institutes

                   The following national institutes are specified for the purposes of item 4 of the table in subsection 41‑10(1) of the Act:

                     (a)  The Australian National University;

                     (b)  AMC Institute at the University of Tasmania; and

                     (c)  the Batchelor Institute of Indigenous Tertiary Education;

                     (d)  the Victorian College of the Arts at the University of Melbourne.

Note:          Grants may be approved by the Minister under Part 2-3 of the Act to be made to Table A providers to support these specified national institutes, as set out in item 4 of the table in subsection 41‑10(1) of the Act.

Part 6—Grants to assist with the cost of higher education providers’ superannuation liabilities—Higher Education Superannuation Program

54  Program objectives

             (1)  The Higher Education Superannuation Program is specified for the purpose of assisting with the cost of higher education providers’ superannuation liabilities, under item 6 of the table in subsection 41‑10(1) of the Act.

             (2)  The objective of the Higher Education Superannuation Program is to provide Commonwealth financial assistance to eligible higher education providers by contributing to expenses incurred by those providers in respect of former employees who are members of an eligible superannuation scheme or fund.

55  Extra conditions of eligibility

             (1)  Under paragraph 41-15(2)(b) of the Act, this section specifies extra conditions of eligibility to receive a grant under the program.

             (2)  Only the following Table A providers are eligible to receive a grant under this program:

                     (a)  Deakin University;

                     (b)  La Trobe University;

                     (c)  Monash University;

                     (d)  Royal Melbourne Institute of Technology University;

                     (e)  Swinburne University of Technology;

                      (f)  The University of Melbourne;

                     (g)  Federation University Australia;

                     (h)  Victoria University;

                      (i)  Curtin University of Technology;

                      (j)  Edith Cowan University;

                     (k)  The Flinders University of South Australia;

                      (l)  The University of Adelaide;

                    (m)  University of South Australia;

                     (n)  University of Tasmania;

                     (o)  Charles Darwin University;

                     (p)  University of Canberra;

                     (q)  Australian Catholic University;

                      (r)  The University of Sydney;

                      (s)  The University of New South Wales;

                      (t)  Macquarie University;

                     (u)  University of Newcastle;

                     (v)  Southern Cross University;

                    (w)  University of Technology, Sydney;

                     (x)  University of New England;

                     (y)  University of Western Sydney;

                     (z)  University of Wollongong; and

                    (za)  Charles Sturt University.

             (3)  However, to receive a grant under the program, a provider must have former employees who are members of one or more of the following superannuation schemes or funds:

                     (a)  New South Wales State Superannuation Scheme;

                     (b)  New South Wales State Authorities Superannuation Scheme;

                     (c)  New South Wales State Authorities Non‑Contributory Scheme;

                     (d)  Victorian State Superannuation Fund – Revised Scheme;

                     (e)  Victorian State Superannuation Fund – New Scheme;

                      (f)  Western Australian Government Employees Superannuation Scheme;

                     (g)  South Australian Superannuation Fund;

                     (h)  Tasmanian Retirement Benefits Fund;

                      (i)  Catholic Superannuation Fund;

                      (j)  Commonwealth Superannuation Scheme; and

                     (k)  Public Sector Superannuation Scheme.

56  Grants to be made in respect of a year

                   Grants under the Higher Education Superannuation Program are made in respect of a year.

57  Grant amounts

                   Grant amounts will be determined in writing by the Minister under paragraph 41‑30(b) of the Act.

58  Conditions that apply to grants

             (1)  For the purposes of section 41-25 of the Act, conditions that apply to grants under the Higher Education Superannuation Program are set out in this section (in addition to any other conditions that apply to grants under paragraph 41‑25(1)(c) of the Act).

             (2)  Grants under this program may only be applied towards:

                     (a)  a provider’s ongoing superannuation expenses (such as administrative fees, management fees and applicable taxes);

                     (b)  paying out superannuation liabilities.

             (3)  Grants under this program may not be applied towards:

                     (a)  superannuation employer contributions for current employees; or

                     (b)  superannuation liabilities which are, in the Minister’s reasonable opinion, attributed to excess salary increases.

             (4)  Grants under this program are provided on condition that providers reconcile grants received with actual member entitlements paid in relation to the schemes or funds referred to in subsection 55(3) by:

                     (a)  obtaining supporting documentary evidence (such as invoices) from the relevant superannuation fund or scheme and providing that evidence to the Department upon request; and

                     (b)  providing authority for the Commonwealth to obtain further information in relation to the expenses and liabilities covered by a grant from the relevant superannuation scheme or fund.

Part 7—Grants to foster collaboration and reform in higher education—University and Industry Collaboration Program

59  Program objectives

             (1)  The University and Industry Collaboration Program is specified for the purpose of fostering collaboration and reform in higher education, under item 9 of the table in subsection 41‑10(1) of the Act.

             (2)  The objective of the University and Industry Collaboration Program is to enhance collaboration between Australian universities and industry.

Note 1:       Table A providers are eligible to receive grants under a program specified for the purposes of item 9 of the table in subsection 41‑10(1) of the Act.

Note 2:       Under section 41-20 of the Act, grants are subject to approval by the Minister.

Note 3:       The Minister may impose conditions that apply to grants under paragraph 41‑25(1)(c) of the Act.

Note 4:       Grant amounts will be determined in writing by the Minister under paragraph 41‑30(b) of the Act.

Part 8—Grants to assure and enhance the quality of Australia’s higher education sector—Higher Education Continuity Guarantee

60  Program objectives

             (1)  The Higher Education Continuity Guarantee is specified as a program for the purpose of assuring and enhancing the quality of Australia’s higher education sector, under subitem 11(a) of the table in subsection 41‑10(1) of the Act.

             (2)  The objective of the Higher Education Continuity Guarantee is to provide grants in 2021, 2022 and 2023 to:

                     (a)  provide financial assistance to eligible higher education providers affected by the COVID-19 pandemic for activities to assist these providers to recover from the COVID-19 pandemic (and for other activities identified in conditions of grant); and

                     (b)  ensure that higher education providers are able to keep operating and employing staff in the aftermath of the COVID-19 pandemic, and to assure the ability of these providers to continue to provide quality education services into the future.

61  Specified bodies corporate and extra conditions of eligibility

(1)  Bodies corporate that have entered into a funding agreement under section 30-25 of Part 2-2 of the Act, for the period 2021 to 2023, are eligible for a grant under this program.

(2)   A Table A provider must have entered into a funding agreement under section 30-25 of Part 2-2 of the Act, for the period 2021 to 2023, to be eligible for a grant under this program.

62  Grants to be made in respect of a year

                   Grants under the Higher Education Continuity Guarantee program are made in respect of a year (but only the years referred to in section 63).

63  Method by which the amount of grants under the program are determined for a provider

             (1)  A grant under this program for a Table A provider for each the years 2022 and 2023 is to be calculated by applying the following formula:

                   Where:

                 Max  for the relevant year is the sum of:

                     (a)   the provider’s Maximum Basic Grant Amount for higher education courses of study;

                     (b)   the provider’s Maximum Basic Grant Amount for designated higher education courses of study;

                     (c)   amounts for a provider under subparagraph 33-1(1)(b)(ii) of the Act (medical student loading);

 

                            minus:

 

                     (d)   funding allocated to the provider to support the delivery of ‘short courses’, ‘national priority places’, and ‘Innovative Places’ as set out in the provider’s funding agreement under section 30-25 of Part 2-2 of the Act.

CGS Payments           is the amount, for the relevant year, that a provider is entitled to be paid for higher education courses and designated higher education courses, plus the amount a provider is entitled to be paid under paragraph 33-1(1)(b)(ii) of the Act (medical student loading), minus any funding for the delivery of ‘Innovative Places’, ‘short courses’ and ‘national priority places’.

             (2)  A grant under this program for a provider that is not a Table A provider for each the years 2022 and 2023 is to be calculated by applying the following formula:

                   Where:

                 Max  for the relevant year is the sum of:

                     (a)   the provider’s Maximum Basic Grant Amount;  

                     (b)   amounts for a provider under subparagraph 33-1(1)(b)(ii) of the Act (medical student loading);

 

                            minus:

 

                     (c)   funding allocated to the provider to support the delivery of ‘short courses’, ‘national priority places’, and ‘Innovative Places’ as set out in the provider’s funding agreement under section 30-25 of Part 2-2 of the Act.

CGS Payments           is the amount, for the relevant year, that a provider is entitled to be paid under subsection 33-5(7) of the Act, plus the amount a provider is entitled to be paid under paragraph 33-1(1)(b)(ii) of the Act (medical student loading), minus any funding for the delivery of ‘Innovative Places’, ‘short courses’ and ‘national priority places’.

             (3)  For grant calculation in respect of 2022 only, the reference in subsections (1) and (2) to funding allocated to the provider to support the delivery of ‘short courses’ includes any funding allocated to the provider for that purpose in 2021 and which:

                     (a)   is unspent in respect of 2021; and

                     (b)   the Minister has decided to make available for that purpose in 2022.

 

Note 1:       Under section 41-20 of the Act, grants are subject to approval by the Minister.

Note 2:       The Minister may impose conditions that apply to grants under paragraph 41‑25(1)(c) of the Act.

Part 9—Grants to support open access to higher education across Australia—Regional University Centres Program

64  Program objectives

             (1)  The Regional University Centres Program is specified for the purpose of supporting open access to higher education across Australia, under subitem 11(c) of the table in subsection 41‑10(1) of the Act.

             (2)  The objective of the Regional University Centres Program is to provide financial assistance to community-based bodies corporate in regional and remote areas of Australia, to enable them to establish and maintain regional university centres in regional areas that support local students.

65  Specified bodies corporate and extra conditions of eligibility

             (1)  The following bodies corporate are specified for the purposes of subitem 11(c) of the table in subsection 41‑10(1) of the Act as eligible to receive a grant under this program:

                     (a)  a body corporate that the Minister is satisfied has, or will have, a physical operational presence in a Remoteness Area categorised under the ABS Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia;

                     (b)  a body corporate that is a registered entity (within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012);

                     (c)  a Table B provider;

                     (d)  a higher education provider to which the Minister has allocated Commonwealth supported places under section 30‑10 of the Act.

Note:          Table A providers are also eligible to receive grants under a program specified for the purposes of item 11 of the table in subsection 41‑10(1) of the Act.

             (2)  However a body corporate mentioned in paragraph (1)(a) or (b) is only eligible where they are able to satisfy the Minister that:

                     (a)  the body corporate, and each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body’s affairs, is a fit and proper person within the meaning of the Act; and

                     (b)  the body corporate is, and is likely to remain, financially viable.

66  Conditions that apply to grants

Grant to be used to establish and operate a Regional University Centre

             (1)  A grant under the Regional University Centres Program must only be used to establish, operate and maintain a facility in, and to provide services from, a location in a Remoteness Area categorised under the ABS Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia.

Grant to be used to support students to undertake study

             (2)  A recipient of a grant must ensure that the facilities and services provided using the grant primarily support Commonwealth assisted students.

Note:          Facilities and services described in this section may be provided to other students undertaking study if there is spare capacity to do so.

             (3)  A grant must be used to support students to undertake study, through provision of some or all of the following:

                     (a)  infrastructure and facilities, including:

                              (i)  study spaces, including facility rental, furniture and furnishings; and

                             (ii)  internet access, including the cost of connection to, and maintenance of, internet services, and telecommunications hardware necessary to connect the facility to internet; and

                            (iii)  computing facilities including computers, local network hardware, operating software and software licences, applications software and software licence, and computing peripherals such as printers and workstations; and

                            (iv)  video conferencing facilities, including video conferencing equipment and software; and

                     (b)  academic support services, including:

                              (i)  library services, including licences for research databases, books and periodicals, shelving and storage systems, photocopiers, and reader support services; and

                             (ii)  academic skills training and tutoring;

                     (c)  administrative support, including student administration activities, information technology support services, facilities management, and facility security (human and security systems); and

                     (d)  other services to support students’ learning environment, consistent with requirements set out in Part 2 of the Higher Education Standards Framework (Threshold Standards) 2021, including in relation to:

                              (i)  student wellbeing and safety;

                             (ii)  information on student obligations and behavioural standards; and

                            (iii)  personal support services, cultural support and ancillary services, hours of availability, and how to access services and emergency contact details.

             (4)  Grants may also be used to support forming partnerships with other organisations such other higher education providers, state and local government bodies or local industry bodies to further support student learning and outcomes.

 

Note:          The Minister may impose other conditions that apply to grants under paragraph 41‑25(1)(c) of the Act.

 

Part 10—Other specified bodies corporate

67  Bodies corporate specified for the purposes of eligibility to receive grants

                   The following bodies corporate are specified for the purposes of item 11 of the table in section 41-10 of the Act:

                     (a)  Graduate Careers Australia Limited;

                     (b)  Australian Council for Educational Research Limited;

                     (c)  Universities Australia;

                     (d)  The body corporate representing the Organisation for Economic, Co‑operation and Development (OECD) in Australia.

Note:          The Minister may impose other conditions that apply to any grants made to these bodies under paragraph 41‑25(1)(c) of the Act.

 

 

Part 11—Grants to encourage higher education providers to engage with industry—National Priorities and Industry Linkage Fund

68  Program objectives

             (1)  The National Priorities and Industry Linkage Fund is specified as a program for the purpose of encouraging higher education providers to engage with industry, under item 13 of the table in subsection 41‑10(1) of the Act.

             (2)  The objective of the National Priorities and Industry Linkage Fund is to provide financial assistance to eligible higher education providers to encourage those providers to engage with industry to produce job-ready graduates by:

                     (a)  increasing the number of internships, practicums and other innovative approaches to work integrated learning across all disciplines;

                     (b)  increasing the number of STEM-skilled graduates and improving their employment outcomes; and

                     (c)  rewarding Australian universities for the development of partnerships and collaborations with industry.

69  Grants to be made in respect of a year

             (1)  Grants under this program are in respect of a year.

             (2)  The amount, being a part of the amount referred to in section 41‑45 of the Act for a year, that will be spent on the program in 2022, 2023 and 2024 is the total of all grant amounts calculated in accordance with sections 70 and 71.

 

70  Method by which the amount of grants under the program are determined for a provider

A Table A provider is to receive the relevant grant amount specified in the table below, based on the number of Commonwealth supported places (CSPs) the provider has provided for a grant year (based on the most recent data reported by those providers through the TCSI system) in the relevant enrolment band:

 

Enrolment band

Amount of grant for the year

Up to and including 9,999 CSPs

$3.25 million

Including and between 10,000 – 14,999 CSPs

$4.75 million

Including and between 15,000 – 21,999 CSPs

$7.0 million

Equal to or greater than 22,000 CSPs

$8.75 million

 

71  Indexation

             (1)  The amounts listed in the table in section 70 are listed for the year 2021 and are to be indexed for subsequent years using the method of indexation set out in Part 5-6 of the Act.

Note 1:       Part 5-6 of the Act contains an indexation method that adjusts certain amounts against the Consumer Price Index.

72  Conditions of grant

                   Table A providers must only use grants provided under this program for the program objectives set out in section 68.

Note:          The Minister may impose other conditions that apply to grants under paragraph 41‑25(1)(c) of the Act.

 

 


 

Schedule 1—Repeal

Other Grants Guidelines (Education) 2012

1  The whole of the instrument

Repeal the instrument

 

 

 

 


 

Schedule 2—Transitional

1  Saved effect of conditions

Despite the repeal of the Other Grants Guidelines (Education) 2012 by Schedule 1, conditions specified under that instrument as in force immediately prior to the repeal (including in relation to the to the Higher Education Relief Package) are to be taken to remain in force in respect of a grant made to a higher education provider or other body corporate made prior to that repeal.

 

Note:        Among other things, this provision means that references in deeds made under the Women in STEM Cadetships and Advanced Apprenticeships Program to provisions in those Guidelines are to be taken to continue to apply.