Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016 (74 of 2016)

Schedule 1   Indigenous student assistance

Part 1   Main amendments

Higher Education Support Act 2003

7   After Part 2-2

Insert:

Part 2-2A - Indigenous student assistance grants

Division 38 - Indigenous student assistance grants

38-1 What this Part is about

Grants for assisting Indigenous students are payable under this Part to Table A providers and Table B providers.

Note: This Part does not apply to Table C providers: see section 5-1.

38-5 Indigenous Student Assistance Grants Guidelines

Grants under this Part are also dealt with in the Indigenous Student Assistance Grants Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Indigenous Student Assistance Grants Guidelines are made by the Minister under section 238-10.

38-10 Eligibility for grants under this Part

(1) A *Table A provider or *Table B provider is, subject to subsection (3), eligible for grants under this Part, in respect of the year 2017 or a later year, for the following purposes:

(a) assisting Indigenous students to undertake higher education;

(b) increasing the number of Indigenous students enrolling in, progressing in and completing courses leading to *higher education awards.

(2) Without limiting subsection (1), the purposes mentioned in that subsection may be achieved through the following means:

(a) providing scholarships;

(b) providing academic support, including supplementary tuition;

(c) providing pastoral care;

(d) implementing strategies to:

(i) accelerate improvements to Indigenous student outcomes in higher education; or

(ii) foster culturally-safe learning environments in higher education.

(3) If the Indigenous Student Assistance Grants Guidelines:

(a) provide for a grant; and

(b) specify extra conditions of eligibility to receive the grant;

then a *Table A provider or *Table B provider is not eligible for the grant unless the provider complies with those extra conditions.

38-15 Guidelines may provide for grants

(1) The Indigenous Student Assistance Grants Guidelines may provide for one or more grants to *Table A providers and *Table B providers for purposes specified in subsection 38-10(1).

(2) If the Indigenous Student Assistance Grants Guidelines provide for one or more grants of a particular type, the guidelines may also specify all or any of the following matters for the grants:

(a) the grants' objectives;

(b) the extra conditions of eligibility to receive the grants;

(c) the amount, being part of the amount referred to in section 38-45 for a year, that will be spent on grants of that type in that particular year;

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

(e) the amounts of the grants, or the methods by which the amounts of the grants will be determined;

(f) the year or years in respect of which the grants are payable;

(g) the conditions that apply to the grants.

38-20 Approval of grants

The Minister may, by notifiable instrument, approve a grant under this Part in respect of a year to a particular higher education provider that is eligible for such a grant.

38-25 Conditions on grants

(1) A grant is made on the following conditions:

(a) if the grant is provided for by the Indigenous Student Assistance Grants Guidelines and the guidelines specify conditions that apply to the grant:

(i) on the conditions provided for in the guidelines; and

(ii) also on the condition that the higher education provider receiving the grant must meet the *quality and accountability requirements;

(b) if paragraph (a) does not apply:

(i) on such conditions (if any) as the Minister determines under subsection (2); and

(ii) also on the condition that the higher education provider receiving the grant must meet the quality and accountability requirements.

(2) For the purposes of subparagraph (1)(b)(i), the Minister may, by notifiable instrument, determine conditions that apply to one or more grants that a particular higher education provider receives.

38-30 Amounts of grants

(1) The amount of a grant is:

(a) if:

(i) the grant is provided for by the Indigenous Student Assistance Grants Guidelines; and

(ii) the guidelines specify the amount of the grant, or a method by which the amount of the grant is to be determined;

the specified amount, or the amount determined by the specified method; or

(b) if paragraph (a) does not apply - the amount determined by the Minister under subsection (2).

(2) For the purposes of paragraph (1)(b), the Minister may, by notifiable instrument, determine the amounts of one or more grants that a particular higher education provider receives.

38-35 Amounts payable under this Part

If:

(a) a higher education provider meets, in respect of a year, the requirements of the Indigenous Student Assistance Grants Guidelines for the purposes of section 38-15 in relation to a grant; or

(b) the Minister approves, under section 38-20, a grant to a higher education provider in respect of a year;

there is payable to the provider concerned, in respect of that year, an amount equal to the amount referred to in section 38-30 in respect of that grant.

38-40 Rollover of grant amounts

(1) If:

(a) a higher education provider to which a grant under this Part has been made in respect of a year fails to spend an amount of that grant; and

(b) the *Secretary determines under subsection (3) that this section is to apply to the provider in respect of that grant;

then so much of the unspent amount as the Secretary determines under that subsection is taken to be granted to the provider under this Part in respect of the next following year.

(2) The grant is taken to be made:

(a) under the same conditions as the conditions of the original grant, except the grant is taken to be made in respect of the next following year; or

(b) under such other conditions as the Secretary determines under subsection (4).

(3) For the purposes of subsection (1), the Secretary may, by notifiable instrument, determine:

(a) that this section is to apply to a particular higher education provider in respect of one or more grants; and

(b) for each grant, an amount of the unspent amount of the grant.

(4) For the purposes of paragraph (2)(b), the Secretary may, by notifiable instrument, determine conditions that apply to one or more grants made to a particular higher education provider.

38-45 Maximum payments for grants under this Part

(1) The total payments made under this Part in respect of a year must not exceed the amount determined by the Minister under subsection (2) in respect of the year.

(2) The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year.

Note: A single instrument may determine amounts for multiple years.

(3) A determination under subsection (2) for a year must be made before the start of that year.

(4) The Minister may, by legislative instrument, at any time before the end of a year, vary a determination made under subsection (2) for the year.