Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2024
made under subsection 38-40(3) and subsection 38-40(4) of the
Higher Education Support Act 2003
Compilation No. 2
Compilation date: 24 December 2024
Includes amendments: F2024N01187
About this compilation
This compilation
This is a compilation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2024 that shows the text of the law as amended and in force on 24/12//2024 (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 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 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 Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name.................................................................1
3 Authority..............................................................1
4 Definitions............................................................1
5 Rollover of 2023 ISSP grant amounts.......................................2
6 Further rollover of 2023 ISSP rollover grant amounts...........................3
6A Third rollover of 2023 ISSP second rollover grant amounts ....................4
7 Conditions on grants.....................................................5
Schedule 1—Conditions....................................................6
Endnotes...............................................................11
1 Name
This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2024.
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 instrument 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.
In this instrument:
2023 ISSP grant means an ISSP grant to a higher education provider listed in column 2 of the table in section 5 in respect of the grant year, other than a grant that is taken to be granted in respect of the grant year because of an instrument under section 38-40 of the Act.
2023 ISSP rollover grant means an ISSP grant taken to be granted to a higher education provider listed in column 2 of the table in section 6 for the grant year because of the combined operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2023 and section 38-40 of the Act, being the unspent component of an ISSP grant originally paid to the higher education provider in 2022, other than a 2023 ISSP second rollover grant.
2023 ISSP second rollover grant means an ISSP grant taken to be granted to a higher education provider listed in column 2 of the table in section 6A for the grant year because of the combined operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2023 and section 38-40 of the Act, being the unspent component of an ISSP grant originally paid to the higher education provider in 2021.
2024 ISSP further rollover grant means the unspent component of a 2023 ISSP rollover 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 in column 2 of the table in section 6 in respect of the 2024 calendar year.
2024 ISSP rollover grant means the unspent component of a 2023 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 in column 2 of the table in section 5 in respect of the 2024 calendar year, other than a grant comprising a 2024 ISSP further rollover grant.
2024 ISSP third rollover grant means the unspent component of a 2023 ISSP second rollover 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 in column 2 of the table in section 6A in respect of the 2024 calendar year. Act means the Higher Education Support Act 2003.
administering officer means an employee in the National Indigenous Australians Agency.
grant year means the 2023 calendar year.
Guidelines means the Indigenous Student Assistance Grants Guidelines 2017.
ISSP grant means a grant provided to a higher education provider under the Guidelines.
5 Rollover of 2023 ISSP grant amounts
(1) 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 higher education providers in in column 2 of the table in respect of their 2023 ISSP grant:
(b) the amount specified in column 3 of the table is the amount of the unspent amount of the 2023 ISSP grant of a higher education provider specified in column 2 of the table.
Rollover of ISSP grant amounts |
Column 1 | Column 2 | Column 3 | |
Item | Higher education provider | Amount of unspent amount of 2023 ISSP grant | |
1. | Australian Catholic University | $129,446.83 | |
2. | Batchelor Institute of Indigenous Tertiary Education | $44,084 | |
3. | Central Queensland University | $185,576.96 | |
4. | Charles Sturt University | $281,874.99 | |
5. | Edith Cowan University | $178,515 | |
6. | Federation University Australia | $186,803 | |
7. | Flinders University | $136,276.04 | |
8. | Griffith University | $166,000 | |
9. | James Cook University | $150,000 | |
| | | |
11. | Macquarie University | $426,539.81 | |
12. | Monash University | $200,192 | |
13. | Swinburne University of Technology | $353,156.59 | |
14. | The University of Adelaide | $398,181.26 | |
15. | The University of Canberra | $68,309.40 | |
16. | The University of New England | $53,000 | |
17. | The University of New South Wales | $866,998.44 | |
18. | The University of Newcastle | $211,723.53 | |
19. | The University of Notre Dame | $26,042.07 | |
20. | The University of Queensland | $227,552.80 | |
21. | The University of Sydney | $50,178 | |
22. | The University of Tasmania | $248,747.50 | |
23. | The University of Western Australia | $48,326.37 | |
24. | Victoria University | $43,965 | |
25. | The University of the Sunshine Coast | $107,128.03 | |
| | | |
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 2024 ISSP rollover grant amount for a higher education provider listed in column 2 of the table is the amount specified in column 3 of the table for the provider.
6 Further rollover of 2023 ISSP rollover grant amounts
(1) 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.
Rollover of other grant amounts |
Column 1 | Column 2 | Column 3 | Column 4 | |
Item | Higher education provider | Grant | Amount of unspent amount of grant | |
1. | Central Queensland University | 2023 ISSP rollover grant | $10,426.38 | |
2. | Charles Sturt University | 2023 ISSP rollover grant | $159,636.54 | |
3. | Federation University Australia | 2023 ISSP rollover grant | $92,867.00 | |
4. | The University of Adelaide | 2023 ISSP rollover grant | $183,315.49 | |
5. | The University of Canberra | 2023 ISSP rollover grant | $395,370 | |
6. | University of New England | 2023 ISSP rollover grant | $56,851.47 | |
7. | University of Newcastle | 2023 ISSP rollover grant | $11,569.19 | |
| | | | |
9. | University of Tasmania | 2023 ISSP rollover grant | $29,786.90 | |
10. | La Trobe University | 2023 ISSP rollover grant | $285,218.00 | |
11. | The University of Melbourne | 2023 ISSP rollover grant | $169,783.43 | |
| | | | |
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.
6A Third rollover of 2023 ISSP second rollover grant amounts
(1) 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.
Rollover of other grant amounts |
Column 1 | Column 2 | Column 3 | Column 4 | |
Item | Higher education provider | Grant | Amount of unspent amount of grant | |
2. | Charles Sturt University | 2023 ISSP second rollover grant | $7,430.90 | |
3. | Federation University Australia | 2023 ISSP second rollover grant | $18,910.00 | |
10. | La Trobe University | 2023 ISSP second rollover grant | $245,249.25 | |
11. | The University of Melbourne | 2023 ISSP second rollover grant | $94,186.19 | |
| | | | |
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 3840(4) of the Act to apply to a 2024 ISSP rollover grant, a 2024 ISSP further rollover grant, and a 2024 ISSP third 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 2024 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 | 2024 ISSP rollover grant | a) Implementation of First Peoples Cultural Capability Framework. | |
2. | Batchelor Institute of Indigenous Tertiary Education | 2024 ISSP rollover grant | - Higher Degree by Research (HDR) Supervisor training; and
- Training program in cross cultural supervision.
| |
3. | Central Queensland University | 2024 ISSP rollover grant | a) First Nations Student Success evaluation.
| |
4. | Central Queensland University | 2024 ISSP further rollover grant | a) Cultural Safe Space/Place. | |
5. | Charles Sturt University | 2024 ISSP rollover grant | - First Nations outreach and re-engagement programs; and
- First Nations Student Connect - expansion of digital resources.
| |
6. | Charles Sturt University | 2024 ISSP further rollover grant | - First Nations Student and Alumni Innovation Fund; and
- Community and student engagement activities - First Nations Ways of Knowing, Being and Doing Framework.
| |
6A. | Charles Sturt University | 2024 ISSP third rollover grant | a) First Nations Student Connect. | |
7. | Edith Cowan University | 2024 ISSP rollover grant | a) Recognition of student success. | |
8. | Federation University Australia | 2024 ISSP rollover grant | - 'Place of Being' - Culturally Safe Campuses - Stage 2 & 3;
- Industry Broker/Community engagement activities and coordination; and
- Fit out of Culturally Safe space for Aboriginal and Torres Strait Islander students.
| |
9. | Federation University Australia | 2024 ISSP further rollover grant | - Cultural wellbeing activities; and
- Pathways Project and events.
| |
9A. | Federation University Australia | 2024 ISSP third rollover grant | a) Delivery of cultural well-being activities. | |
10. | Flinders University | 2024 ISSP rollover grant | a) Students support programs. | |
11. | Griffith University | 2024 ISSP rollover grant | a) First Peoples Student Success - improving success and retention. | |
12. | James Cook University | 2024 ISSP rollover grant | a) Student support programs. | |
13. | La Trobe University | 2024 ISSP further rollover grant | - Indigenous Student Centre upgrades; and
- Indigenous Academic Enrichment Program.
| |
13A. | La Trobe University | 2024 ISSP third rollover grant | - Indigenous Student Engagement Program; and
- Pathway Program.
| |
14. | Macquarie University | 2024 ISSP rollover grant | a) Services to support First Nations student success. | |
15. | Monash University | 2024 ISSP rollover grant | - Outreach and cultural programs for students; and
- Support for undergraduate and HDR/Masters students.
| |
16. | Swinburne University of Technology | 2024 ISSP rollover grant | - Scholarship support for students;
- 'On Country' Leadership and Cultural Camp;
- Indigenous Student Charter; and
- Moondani Toombadool Centre refurbishment.
| |
17. | The University of Adelaide | 2024 ISSP rollover grant | - Support for Aboriginal and Torres Strait Islander Employment Strategy, Indigenous Education Strategy and Indigenous Cultural Capability Framework;
- Update IT for student support; and
- Upgrade to student facilities.
| |
18. | The University of Adelaide | 2024 ISSP further rollover grant | - Resourcing to support First Nations students success;
- Development of Cultural Awareness staff induction module;
- Sector engagement;
- Development of material for staff competency training; and
- Production of reports.
| |
19. | The University of Canberra | 2024 ISSP rollover grant | a) Student support services. | |
20. | The University of Canberra | 2024 ISSP further rollover grant | a) Support Indigenous students success. | |
20A. | The University of Melbourne | 2024 ISSP further rollover grant | a) Indigenous student wellbeing and engagement. | |
20B | The University of Melbourne | 2024 ISSP third rollover grant | a) Indigenous student wellbeing and engagement. | |
21. | The University of New England | 2024 ISSP rollover grant | - On-country student community of practice; and
- Online preparation for commencing First Nations students.
| |
22. | The University of New England | 2024 ISSP further rollover grant | - Standards-based approach to cultural competence for staff and students; and
- Empowering student voice and participation in Governance structures.
| |
23. | The University of New South Wales | 2024 ISSP rollover grant | - Enhancing student success;
- Future Student Engagement Program; and
- Indigenous Cultural and Educational Exchange Program.
| |
24. | The University of Newcastle | 2024 ISSP rollover grant | - Student Cultural Learning Centre; and
- Student ambassadors.
| |
25. | The University of Newcastle | 2024 ISSP further rollover grant | a) Student ambassadors. | |
26. | The University of Notre Dame | 2024 ISSP rollover grant | a) The Connected to Country Project. | |
27. | The University of Queensland | 2024 ISSP rollover grant | - Indigenous outreach; and
- Recruitment and Student Success Services.
| |
28. | The University of Sydney | 2024 ISSP rollover grant | a) Accommodation scholarships. | |
| | | | |
30. | The University of Tasmania | 2024 ISSP rollover grant | a) Scholarship funding. | |
31. | The University of Tasmania | 2024 ISSP further rollover grant | a) Cradle Coast Campus Cultural Fellow. | |
32. | The University of Western Australia | 2024 ISSP rollover grant | a) Enhancing Indigenous outreach and improving student access. | |
33. | Victoria University | 2024 ISSP rollover grant | a) Enhanced student engagement. | |
34. | The University of the Sunshine Coast | 2024 ISSP rollover grant | a) Cultural Identity Project. | |
| | | | |
(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 2025 |
2. | Performance report | Last business day of April of 2025 |
Note: In addition to the reports specified in column 2 of the table, paragraph 19-10(1)(a) of the Act provides that a higher education provider must give to the Minister a financial statement for each annual financial reporting period for the provider in which the provider receives assistance under Chapter 2 of the Act.
(2) In giving a report to the Minister under sub-item (1), a higher education provider may:
(a) give the acquittals report with the acquittals report for an ISSP grant the provider is required to give to the Minister under item 1 of the table in subsection 17(1) of the Guidelines; and
(b) give the performance report with the performance report for an ISSP grant the provider is required to give to the Minister under item 2 of the table in subsection 17(1) of the Guidelines.
(3) An administering officer may request a higher education provider revise a report described in column 2 of the table in sub-item (1) if the administering officer reasonably considers that the form or content of the report is unsatisfactory.
(4) An administering officer may request any additional information or reports about the use of a grant specified in column 3 of the table in sub-item 1(1) from a higher education provider.
(5) A higher education provider must comply with a reasonable request under sub‑items (3) or (4) within 10 business days of the request, or a longer period specified by an administering officer in writing.
4 Application of the Guidelines
The requirements of subsections 14(2) and (3), section 15 (other than paragraph (a)), section 16, section 35, section 36 and section 37 of the Guidelines apply to a grant specified in column 3 of the table in sub-item 1(1) as if it were a grant provided for under section 5 of the Guidelines.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe 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
ad = added or inserted | orig = original |
am = amended | par = paragraph(s)/subparagraph(s) |
amdt = amendment | /sub‑subparagraph(s) |
c = clause(s) | pres = present |
C[x] = Compilation No. x | prev = previous |
Ch = Chapter(s) | (prev…) = previously |
def = definition(s) | Pt = Part(s) |
Dict = Dictionary | r = regulation(s)/rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
o = order(s) | commenced or to be commenced |
Ord = Ordinance | |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2024 | 3 April 2024 (F2024N00280) | 4 April 2024 | |
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2024 | 16 August 2024 (F2024N00745) | 17 August 2024 | |
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No 2) 2024 | 23 December 2024 (F2024N01187) | 24 December 2024 | |
Endnote 4—Amendment history
Provision affected | How affected |
Section 2 | rep LA s 48D |
Section 4 | am F2024N01187 |
Section 5 | am F2024N00745; am F2024N01187 |
Section 6 | am F2024N01187 |
Section 6A | ad F2024N01187 |
Section 7 | am F2024N01187 |
Schedule 1, Section 1 | am F2024N00745; am F2024N01187 |