Commonwealth Grant Scheme Guidelines 2020

made under section 238-10 of the

Higher Education Support Act 2003

Compilation No. 5 

Compilation date: 9 December 2022

Includes amendments up to: F2022L01597

About this compilation

This compilation

This is a compilation of the Commonwealth Grant Scheme Guidelines 2020 that shows the text of the law as amended and in force on 9 December 2022 (the compilation date).

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

Uncommenced amendments

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

Application, saving and transitional provisions for provisions and amendments

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

Modifications

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

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Chapter 1 – Preliminary

1  Name

  This instrument is the Commonwealth Grant Scheme Guidelines 2020.

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) EFTSL;

(b) funding clusters;

(c) maximum basic grant amount;

(d) national priority; and

(e) Table A provider.

  In this instrument:

Act means the Higher Education Support Act 2003.

Department means the Commonwealth department administered by the Minister responsible for administering the Act.

HESDC means the Higher Education Student Data Collection which is a component of the Higher Education Statistics Collection required under subsection 19-70(1) of the Act.

6  Savings provision

  Despite the repeal of the Commonwealth Grant Scheme Guidelines 2012 made by Schedule 1 of this instrument, those guidelines, as in force immediately before the commencement of this instrument, continue to apply on and after that commencement in relation to a grant made under Part 2-2 of the Act for the 2020 grant year.

Chapter 2 – Higher Education Providers

7  Purpose

This chapter specifies, for the purposes of subparagraph 30-1(1)(b)(i) of the Act, providers other than Table A providers that can be paid grants under Part 2-2 of the Act.

8  Higher Education Providers

The higher education providers are:

 (a) Avondale University College Limited;

 (b) Torrens University Australia Ltd;

 (c) Bond University Limited;

 (d) University of Divinity;

 (e) Tabor College Inc trading as Tabor Adelaide;

 (f) Eastern College Australia Inc;

 (g) Christian Heritage College;

 (h) Holmesglen Institute trading as Holmesglen Institute of TAFE;

 (i) Melbourne Polytechnic;

 (j) Academy of Information Technology Pty Ltd;

 (k) Australian College of Nursing Ltd;

 (l) Alphacrucis College Limited;

 (m) Higher Education Leadership Institute Pty Ltd;

 (n) Chisholm Institute;

 (o) The Cairnmillar Institute;

 (p) Box Hill Institute;

 (q) Australian College of Natural Medicine Pty Ltd trading as Endeavour College of Natural Health;

 (r) Engineering Institute of Technology Pty Ltd;

 (s) Excelsia College;

 (t) Health Education and Training Institute;

 (u) Navitas Bundoora Pty Ltd;

 (v) Marcus Oldham College;

 (w) Melbourne Institute of Business and Technology Pty Ltd;

 (x) Melbourne Institute of Technology Pty Ltd;

 (y) SAE Institute Pty Limited;

 (z) Technical and Further Education Commission;

 (za) TAFE Queensland;

 (zb) TAFE SA;

 (zc) Australian College of Theology Limited;

 (zd) Colleges of Business and Technology (WA) Pty Ltd;

 (ze) Crown Institute of Higher Education Pty Ltd;

 (zf) Edith Cowan College Pty Ltd;

 (zg) Educational Enterprises Australia Pty Ltd;

 (zh) ICHM Pty Ltd;

 (zi) INSEARCH Limited;

 (zj) International College of Management, Sydney Pty. Limited;

 (zk) JMC Pty. Limited;

 (zl) Kaplan Higher Education Pty Ltd;

 (zm) Kaplan Business School Pty Limited;

 (zn) Kent Institute Australia Pty Ltd;

 (zo) Le Cordon Bleu Australia Pty Limited;

 (zp) Morling College Ltd;

 (zq) Navitas Professional Institute Pty Ltd

 (zr) Queensland Institute of Business & Technology Pty Ltd;

 (zs) South Australian Institute of Business and Technology Pty Ltd;

 (zt) Southern Cross Education Institute (Higher Education) Pty Ltd;

 (zu) S P Jain School of Global Management Pty Limited;

 (zv) Sydney Institute of Business and Technology Pty Ltd;

 (zw) Think: Colleges Pty Ltd 

 (zx) Top Education Group Limited

 (zy) Wentworth Institute of Higher Education Pty Ltd; and

 (zz) Whitehouse Institute Pty Ltd.

Chapter 3 – National Priorities

9  Purpose

This chapter specifies, for the purposes of paragraph 30-20(b) of the Act, outcomes in the provision of higher education as national priorities.

10  National Priorities

The following outcomes are national priorities:

(a)    increasing the number of persons undertaking Education and Nursing courses of study;

(c)    in 2021 and 2022 only, providing retraining and upskilling opportunities in the following areas of study: Education, Nursing, Visual and Performing Arts, Society and Culture, Professional Pathway Psychology, Professional Pathway Social Work, English, Mathematics, Accounting, Administration, Commerce, Communications, Indigenous and Foreign Languages, Agriculture, Allied Health, Other Health, Computing, Built Environment, Science, Engineering and Environmental Studies; and

(d)    for courses commencing in 2023 and 2024 only, increasing the number of persons from under-represented backgrounds undertaking courses of study in the following areas of study: Education, Nursing, Engineering, Computing, Commerce, and Society and Culture.

Chapter 4 – Medical Student Loading

11  Purpose

This chapter specifies, for the purposes of subparagraph 33-1(1)(b)(ii) of the Act, the method for working out the amount of medical student loading for a provider for a year.

12  Working out the medical student loading

(a)                The medical student loading for a provider for Commonwealth supported ‘medical student EFTSL’ for the allocated number of medical student places in 2021 and later years is the medical student loading in 2020 (of $1,465 per place) indexed in accordance with Part 5-6 of the Act.

(b)                For the purposes of determining a ‘medical student EFTSL’ only students undertaking medical units of study in a course of study in medicine, completion of which would allow provisional registration as a medical practitioner by an authority of a State, a Territory or the Commonwealth (Field of Education codes (under the Australian Bureau of Statistics (ABS) Australian Standard Classification of Education) 019901 - medical science and 060100 to 060199 - medical studies, excluding 060113 – pathology), are taken into account. 

(c)                The allocation of medical student places for the purposes of determining medical student loading for a particular year is equal to the most recent full year student load data reported by the provider through the HESDC and cleared as final by the Department, plus any subsequent approved variations for a course of study in medicine not yet reported in the HESDC and specifically allocated to the provider by the Minister.

(d)                The allocation of medical student places for the purposes of determining medical student loading for a particular year must not be more than the number of Commonwealth supported medical places allocated in that provider’s Commonwealth Grant Scheme funding agreement for that particular year.

Chapter 5 – Determining the Funding Clusters

13  Purpose

(a)                This chapter specifies, for the purposes of section 33-35 of the Act, how to determine, for the purposes of the Act, the funding cluster, or the part of a funding cluster, in which units of study are included, or the particular funding cluster, or the particular part of a particular funding cluster, in which a particular unit is included for the purposes of the Act.

(b)                Funding clusters are defined by the field of education (FOE) code arising from applying the ABS Australian Standard Classification of Education as set out in the table below.

14  Determining the funding clusters

(a)                Note: where a 4 digit FOE code is used in this table, the relevant part of the funding cluster also includes all 6 digit FOE codes starting with that 4 digit code. 

(b)                Excluding Postgraduate Clinical Psychology units, which are in funding cluster 2 (see note 4), and excluding Professional Pathway Psychology units with FOE codes starting with 0907 which are in cluster 2 (see note 5).

(c)                Excluding Professional Pathway Social Work units with FOE codes starting with 0905 which are in cluster 2 (see note 6).

(d)   Postgraduate Clinical Psychology units of study are in funding cluster 2 and are psychology units of study (FOE code 090701) that contribute to courses of study that are accredited for the purposes of professional registration by the Australian Health Practitioner Regulation Agency (AHPRA) and which lead to Endorsed Areas of Practice in Clinical Psychology, Clinical Neuropsychology, Counselling Psychology, Educational and Developmental Psychology, Forensic Psychology, Health Psychology, Sports Psychology and Community Psychology.

(e)                Professional Pathway Psychology units of study are Behavioural Science units (with FOE codes starting with 0907) that contribute to a course of study that leads to a bachelor degree or honours degree in psychology with a course structure that makes it compulsory to study units relevant to professional registration as a psychologist by the Psychology Board of Australia, and the course of study represents a pathway to professional registration as a psychologist.

(f)                 Professional Pathway Social Work units of study are Human Welfare Studies and Services units (with FOE codes starting with 0905) that contribute to courses of study that lead to a bachelor degree, honours degree or master’s degree in:

1. social work accredited by the Australian Association of Social Workers;
2. youth work accredited by Youth Work Australia;
3. counselling accredited by the Australian Counsellors Association and/or the Psychotherapy and Counselling Federation of Australia; and
4. community work accredited by the Australian Community Workers Association.

Chapter 6 – Advances for Certain Purposes

15  Purpose

This chapter specifies, for the purposes of subsection 33-40(5) of the Act, how:

(a)                advances in relation to expenditure of a provider for certain purposes are to be determined by the Minister under subsection 33-40(1) of the Act; and

(b)                amounts of grant payable to providers under section 33-1 of the Act in the three years following the making of the advance are to be reduced.

16  Advances for certain purposes

The purposes for which an advance may be made to a provider under subsection 33-40(1) include the following:

(a)                to assist providers with the cash-flow implications of restructuring;

(b)                to implement adjustments arising from the specific effects of Commonwealth policy change on the payment of grants;

(c)                to rationalise staffing levels, courses and infrastructure both within and between providers;

(d)                to help secure genuine productivity improvements in the area of workplace reform;

(e)                to implement explicit decisions to restructure the educational profile of a provider; and

(f)                 such other purposes as the Minister may determine. 

17  Reduction of grant amounts in the following three years

(a)                A reduction, for the purposes of subsection 33-40(4) of the Act, in the amount of the grant payable to a provider under section 33-1 of the Act for each of the years (up to a maximum of three years) following the year in which an advance is made under subsection 33-40(1), will be decided by the Minister.

(b)                In the years (up to a maximum of three years) following the year in which the advance is made to the provider under subsection 33-40(1) of the Act, the amount of the grant to the provider for a year, payable under section 33-1 of the Act, will also be reduced by an amount (A) calculated in accordance with the following formula.

Where

B = the reduction in the amount of the grant for that year determined by the Minister indexed in accordance with Part 5-6 of the Act.

C = the reduction in the amount of the grant for that year determined by the Minister.

Chapter 7 – Transition Fund Loading

18 Purpose

This chapter specifies, for the purposes of subparagraph 33-1(1)(b)(iv) of the Act, the method for working out the amount of Transition Fund Loading payable to a higher education provider for a year.

19 Working out the Transition Fund Loading

For the years 2021, 2022 and 2023, the amount of any transition fund loading payable to a provider is the amount for the provider, as listed in the following table, corresponding to the applicable year:

Chapter 8 – Maximum basic grant amount for higher education courses

20 Purpose

This chapter specifies amounts for the purposes of subsection 30-27(2) and paragraph
30-27(3)(a) of the Act, which provide that the maximum basic grant amount for a Table A provider for higher education courses for the grant years 2021, 2022, 2023 and 2024 must not be less than the amount specified in these Guidelines.

21 Maximum basic grant amounts for higher education courses

The maximum basic grant amount for higher education courses specified in a Table A provider’s funding agreement must not be less than the following amounts specified for each provider for the relevant grant year:

Chapter 9—Application, saving and transitional provisions  

22  Application of amendments made by the Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2022

Despite the amendments to section 8 of this instrument made by Schedule 1 to the Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2022, section 8 of this instrument, as in force immediately before the commencement of the Commonwealth Grant Scheme Amendment (National Priorities) Guidelines 2022, continues to apply on and after that commencement in relation to grants made to the University of Notre Dame Australia in calendar year 2021 and preceding years.

Endnotes

Endnote 1—About the endnotes

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

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

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

Legislation history and amendment history—Endnotes 3 and 4

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

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

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

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history