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

This instrument commences on the day after it is registered.

3 Authority

This instrument is made under subsection 38-40(3) and subsection 38-40(4) of the Act for the purposes of Part 2-2A of the Act.

4 Definitions

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

(a) annual financial reporting period;

(b) higher education provider;

These expressions are identified in italics in this determination.

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

Act means the Higher Education Support Act 2003.

administering officer means an employee in the National Indigenous Australians Agency.

grant year means the 2020 calendar year.

Guidelines means the Indigenous Student Assistance Grants Guidelines 2017.

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

ISSP rollover grant means the amount of the unspent amount of an ISSP grant that, because of the combined operation of this instrument and section 38-40 of the Act, is taken to be granted under Part 2-2A of the Act to a higher education provider listed at paragraph 5(a) in respect of the 2021 calendar year.

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

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

5 Rollover of ISSP grant amounts

For the purposes of subsection 38-40(1) of the Act, the following is determined under subsection 38-40(3) of the Act:

(a) section 38-40 applies to each of the following higher education providers in respect of their ISSP grant:

(i) Australian Catholic University;

(ii) The Australian National University;

(iii) Batchelor Institute of Indigenous Tertiary Education;

(iv) Bond University;

(v) Central Queensland University;

(vi) Charles Darwin University;

(vii) Charles Sturt University;

(viii) Edith Cowan University;

(ix) Federation University Australia;

(x) Griffith University;

(xi) James Cook University;

(xii) La Trobe University;

(xiii) Macquarie University;

(xiv) Monash University;

(xv) Queensland University of Technology;

(xvi) Royal Melbourne Institute of Technology;

(xvii) Southern Cross University;

(xviii) Swinburne University of Technology;

(xix) The University of Adelaide;

(xx) University of New England;

(xxi) University of New South Wales;

(xxii) University of Newcastle;

(xxiii) The University of Queensland;

(xxiv) University of South Australia;

(xxv) The University of Sydney;

(xxvi) University of Wollongong; and

(xxvii) Victoria University.

(b) the amount specified in column 3 of the table is the amount of the unspent amount of the ISSP grant of a higher education provider specified in column 2 of the table.


Column 1	Column 2	Column 3
Item	Higher education provider	Amount of unspent amount of ISSP grant
1.	Australian Catholic University	$210,000
2.	The Australian National University	$230,000
3.	Batchelor Institute of Indigenous Tertiary Education	$15,954
4.	Bond University	$10,000
5.	Central Queensland University	$183,829
6.	Charles Darwin University	$67,000
7.	Charles Sturt University	$580,000
8.	Edith Cowan University	$147,186
9.	Federation University Australia	$72,500
10.	Griffith University	$400,000
11.	James Cook University	$200,000
12.	La Trobe University	$273,046
13.	Macquarie University	$350,000
14.	Monash University	$30,000
15.	Queensland University of Technology	$92,250
16.	Royal Melbourne Institute of Technology	$155,000
17.	Southern Cross University	$110,009
18.	Swinburne University of Technology	$15,000
19.	The University of Adelaide	$230,000
20.	University of New England	$150,430
21.	University of New South Wales	$800,000
22.	University of Newcastle	$159,307
23.	The University of Queensland	$150,000
24.	University of South Australia	$236,500
25.	The University of Sydney	$298,000
26.	University of Wollongong	$20,000
27.	Victoria University	$140,000

Note 1: If section 38-40 is determined to apply to a higher education provider in respect of a grant, then the effect of subsection 38‑40(1) of the Act is to rollover the amount of the unspent amount of the grant that is determined as a grant made under Part 2-2A of the Act in respect of the next following year .

Note 2: The ISSP rollover grant amount for a higher education provider listed in paragraph (a) is the amount specified in column 3 of the table for the provider.

6 Rollover of other grant amounts

For the purposes of subsection 38-40(1) of the Act, the following is determined under subsection 38-40(3) of the Act:

(a) section 38-40 applies to a higher education provider specified in column 2 of the table in respect of the grant specified in column 3 of the table;

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


Column 1	Column 2	Column 3	Column 4
Item	Higher education provider	Grant	Amount of unspent amount of grant
1.	University of New England	2020 ISSP rollover grant	$21,675
2.	University of Newcastle	2020 ISSP rollover grant	$50,000

Note 1: If section 38-40 is determined to apply to a higher education provider in respect of a grant, then the effect of subsection 38‑40(1) of the Act is to rollover the amount of the unspent amount of the grant that is determined to the next following year as a new grant under Part 2-2A of the Act.

Note 2: Section 164-15 of the Act provides that an overpayment of an amount made to a higher education provider may be deducted from a future amount payable or recovered as a debt due to the Commonwealth.

7 Conditions on grants

For the purposes of paragraph 38-40(2)(b) of the Act, the conditions in Schedule 1 to this instrument are determined under subsection 38‑40(4) of the Act to apply to an ISSP rollover grant, a University of New England rollover grant and a University of Newcastle rollover grant.

Note 1: A higher education provider’s approval may be revoked if, among other things, the provider breaches a condition of a grant made to the body under Part 2-2A of the Act: see section 22-15 of the Act.

Note 2: Part 2-5 of the Act provides that a higher education provider may have their grants reduced, or be required to repay a grant, for breaches of conditions of grants, including grants under Part 2-2A of the Act.

Schedule 1—Conditions

1 Using a grant

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

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

(b) in the 2021 calendar year, unless the Chief Executive Officer has made a determination under subsection 38-40 of the Act in relation to the provider in the next following year.

Description of activity
Column 1		Column 2	Column 3	Column 4
Item	Higher education provider		Grant	Activity
1.	Australian Catholic University		ISSP rollover grant	a) Practical Placement on Country program; b) Development of Cultural Safety Podcasts; and c) Indigenous Research Residential Program.
2.	The Australian National University		ISSP rollover grant	Delivery of summer school and recruitment and community engagement programs.
3	Batchelor Institute of Indigenous Tertiary Education		ISSP rollover grant	Establishment and delivery of Higher Degree by Research student masterclasses.
4.	Bond University		ISSP rollover grant	Delivery of Aboriginal and Torres Strait Islander Student Higher Education Preparation and Transition Strategies Program.
5.	Central Queensland University		ISSP rollover grant	a) Cross Cultural Competency Development Program for Students; and b) Delivery of Dare to be Deadly Video Production.
6.	Charles Darwin University		ISSP rollover grant	Progression grant for at-risk students.
7.	Charles Sturt University		ISSP rollover grant	Development of online student hub - First Nations Student Connect.
8.	Edith Cowan University		ISSP rollover grant	a) Upgrades to current Indigenous student common rooms; b) Student Liaison Officer; and c) Student Success Forum.
9.	Federation University Australia		ISSP rollover grant	a) Establishment of Places of Being for three campuses; b) Junior University Program; and c) Cultural Competency Training.
10.	Griffith University		ISSP rollover grant	Delivery of First Peoples Student Success.
11.	James Cook University		ISSP rollover grant	a) Delivery of the Indigenous Student Winter School; and b) Delivery of the Indigenous Student Summer pre-program.
12.	La Trobe University		ISSP rollover grant	a) Development and delivery of the Wominjeka cultural training module; b) Mildura Indigenous Student Centre; c) Delivery of student engagement and outreach programs; and d) Delivery of the Elders in Residence Group.
13.	Macquarie University		ISSP rollover grant	Delivery of the Indigenous Students Are Our Future project.
14.	Monash University		ISSP rollover grant	Redevelopment of the Online Staff Cultural Awareness Program.
15.	Queensland University of Technology		ISSP rollover grant	Delivery of the Project Blue – Bilbie Labs (Virtual Songlines).
16.	Royal Melbourne Institute of Technology		ISSP rollover grant	Improving and expanding supplementary academic support.
17.	Swinburne University of Technology		ISSP rollover grant	Delivery of scholarships that assist with relocation costs, accommodation costs or relocation and accommodation costs.
18.	Southern Cross University		ISSP rollover grant	Analysis of Indigenous admission schemes and pathways.
19.	The University of Adelaide		ISSP rollover grant	a) Postgraduate pathway strategy; and b) Cultural recognition and student facilities.
20.	University of New England		ISSP rollover grant	a) Oorala Outdoor Learning Precinct; b) Delivery of the Improving Indigenous Student Success Rate project; and c) Delivery of the Learning and Leadership for Enhanced Indigenous Student Retention: Lessons from the Bachelor of Nursing project.
21.	University of New England		University of New England rollover grant	Delivery of the Online Learning Live Project.
22.	University of New South Wales		ISSP rollover grant	a) Delivery of the Enhancing Indigenous Success project; b) Indigenous Pathway Programs; c) Nura Gili Outreach Program; d) Indigenous COVID-19 Assistance Program; and e) Improving the tutorial assistance program database and administrative processes.
23.	University of Newcastle		ISSP rollover grant	a) Delivery of the Indigenous Nationals multi-sport competition; b) Delivery of the Year 9 Student Camp; c) Connecting Country Land and Culture Festival; d) Development of the Cultural Capability Framework; and e) Development and delivery of the Minecraft education resource for the Wollotuka Institute.
24.	University of Newcastle		University of Newcastle rollover grant	Delivery of the Indigenous Nationals multi-sport competition.
25.	University of Queensland		ISSP rollover grant	a) Aboriginal and Torres Strait Islander Tertiary Preparation Program; b) Delivery of the façade artwork at the Aboriginal and Torres Strait Islander Unit Entrance; c) Review and digitalise pastoral care and academic support services; and d) Indigenous Staff and Student Written Collections.
26.	University of South Australia		ISSP rollover grant	a) Elders in Campus: Student Resilience and Wellbeing Student Study Centre; and b) Mount Gambier Wirringka Student Study Centre.
27.	The University of Sydney		ISSP rollover grant	Pilot program for enhanced academic support for Aboriginal and Torres Strait Islander students.
28.	University of Wollongong		ISSP rollover grant	Indigenous HDR Writing Retreat.
29.	Victoria University		ISSP rollover grant	a) Delivery of the Critical Race Praxis project; and b) Online Aboriginal content and community programs.

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

2 Payment to a person to deliver activities

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

(2) In recruiting a person to deliver an activity, a higher education provider must give priority to Indigenous persons.

(3) In procuring an organisation to deliver an activity, a higher education provider must give priority to organisations that employ, or provide training opportunities for, Indigenous persons.

3 Reporting

(1) A higher education provider that receives a grant specified in column 3 of the table in sub-item 1(1) must give the reports specified in column 2 of the table in this sub-item for activities delivered using the grant to the Minister by the day specified in column 3 of the table in this sub-item.

Reporting
Column 1	Column 2	Column 3
Item	Report	Date
1.	Acquittals report	Last business day of April of 2022
2.	Performance report	Last business day of April of 2022

Note: In addition to the reports specified in column 2 of the table, paragraph 19-10(1)(a) of the Act provides that a higher education provider must give to the Minister a financial statement for each annual financial reporting period for the provider in which the provider receives assistance under Chapter 2 of the Act.

(2) In giving a report to the Minister under sub-item (1), a higher education provider may:

(a) give the acquittals report with the acquittals report for an ISSP grant the provider is required to give to the Minister under item 1 of the table in subsection 17(1) of the Guidelines; and

(b) give the performance report with the performance report for an ISSP grant the provider is required to give to the Minister under item 2 of the table in subsection 17(1) of the Guidelines.

(3) An administering officer may request a higher education provider revise a report described in column 2 of the table in sub-item (1) if the administering officer reasonably considers that the form or content of the report is unsatisfactory.

(4) An administering officer may request any additional information or reports about the use of a grant specified in column 3 of the table in sub-item 1(1) from a higher education provider.

(5) A higher education provider must comply with a reasonable request under sub‑items (3) or (4) within 10 business days of the request, or a longer period specified by an administering officer in writing.

4 Application of the Guidelines

The requirements of subsections 14(2) and (3), section 15 (other than paragraph (a)), section 16, section 35, section 36 and section 37 of the Guidelines apply to a grant specified in column 3 of the table in sub-item 1(1) as if it were a grant provided for under section 5 of the Guidelines.