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Higher Education and Research Reform Amendment Bill 2014

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2013-2014

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Higher Education and Research Reform Amendment Bill 2014

 

 

( 1 )     Clause  2 , page 2 (cell at table item  9 , column headed “ Provisions ”), omit the cell, substitute:

9.  Schedules 9A and 10

[Higher Education Participation Programmes]

( 2 )     Page 80 (after line 9) , after Schedule  9 , insert:

Schedule 9A Higher Education Participation Programmes

   

Other Grants Guidelines (Education) 2012

1  Section i.ii (definition of the Department )

Repeal the definition.

2  Section i.ii (before the definition of HESDC )

Insert:

HEPAPP

means the Higher Education Participation (Access and Participation) Programme

 

 

HEPAPP funding recipient

means a provider, a grant to which under the HEPAPP has been approved by the Minister under section 41-20 of the Act

3  Section i.ii (after the definition of ISP )

Insert:

low socio-economic background

people or students are from a low socio-economic background if they are in the bottom quartile of the Socio-Economic Indexes for Areas (SEIFA) Index of Education and Occupation (IEO) published by the Australian Bureau of Statistics in 2013 and determined using Statistical Area 1 from the Australian Statistical Geographic Standard published by the Australian Bureau of Statistics in 2011.

4  Section i.ii (definition of participation )

After “Chapter 1”, insert “(except sections 1.40 to 1.86)”.

5  Section i.ii (definition of people or student from a low socio-economic (SES) background )

Repeal the definition.

6  Section i.ii (before the definition of success )

Insert:

students from disadvantaged backgrounds

means students from any of the following groups:

a)     people from a low socio-economic background;

b)     people with disability;

c)     Aboriginal or Torres Strait Islander people;

d)     people from regional or remote areas;

e)     people from a non-English speaking background;

f)     women in non-traditional areas of study

7  Section i.ii (definition of undergraduate )

After “Chapter 1”, insert “(except sections 1.40 to 1.86)”.

8  Heading before section 1.40

Repeal the heading, substitute:

HIGHER EDUCATION PARTICIPATION (ACCESS AND PARTICIPATION) PROGRAMME

9  Sections 1.40 to 1.85

Repeal the sections, substitute:

 

1.40            Programme objective

 

1.40.1         The objective of the Higher Education Participation (Access and Participation) Programme (HEPAPP) is to help increase the number of undergraduate and postgraduate domestic students from disadvantaged backgrounds who access, participate in and succeed in higher education, by providing grants to support access, participation and success in higher education by prospective and current students from those backgrounds.

 

                   Note: This objective is consistent with Australia’s obligations in relation to higher education under the International Covenant on Economic, Social and Cultural Rights.

 

1.45            Nature of HEPAPP grants

 

1.45.1         For paragraph 41-15(2)(f) of the Act, a grant under the HEPAPP is in respect of a project.

 

1.50            Extra conditions of eligibility for grant under HEPAPP

 

1.50.1         It is an extra condition of eligibility for a grant under the HEPAPP that a provider have a proportion of students from a low socio-economic background.

 

                   Note 1: In approving (under section 41-20 of the Act) a grant under the HEPAPP, the Minister may take account of factors such as a provider’s proportion of students from a low socio-economic background. It is expected that these factors will be published on the Department’s website.

 

                   Note 2: In determining (under paragraph 41-30(b) of the Act) the amount of a grant under the HEPAPP, the Minister may take account of factors such as a provider’s proportion of students from a low socio-economic background and their success in completing units. It is expected that these factors will be published on the Department’s website.

 

1.50.5         It is an extra condition of eligibility for a grant under the HEPAPP that a provider have given the Minister an Access and Participation Plan that outlines institutional strategies for access and participation initiatives for students from disadvantaged backgrounds for the next 3 calendar years.

 

1.55            Expenditure conditions on grant under HEPAPP

 

1.55.1         It is a condition of a grant under the HEPAPP that the grant be spent only on projects that:

 

(a)   are for the objective of the programme (see section 1.40); and

 

(b)   are part of a strategy outlined in an Access and Participation Plan described in subsection 1.50.5.

 

1.55.5         It is a condition of a grant under the HEPAPP that the grant be spent during the 3 years starting on the first 1 January after the Minister approves the grant under section 41-20 of the Act.

 

1.60            Reporting condition on grant under HEPAPP

 

1.60.1         It is a condition of a grant under the HEPAPP to a HEPAPP funding recipient that the recipient report to the Department annually on the progress of activities funded by the grant.

 

1.65            Application of interest condition on grant under HEPAPP

 

1.65.1         It is a condition of a grant under the HEPAPP to a HEPAPP funding recipient that, if the recipient earns interest on the grant, the recipient spend the interest on activities consistent with the objectives of the HEPAPP (see section 1.40).

 

                   Note: If a HEPAPP funding recipient breaches a condition of a grant under section 1.55, 1.60 or 1.65, action may be taken under Part 2-5 or 5-1 of the Act to reduce or require repayment of an amount of the grant or to delay payment of an instalment of the grant.

 

HIGHER EDUCATION PARTICIPATION (SCHOLARSHIPS FUND) PROGRAMME

 

1.70            Programme objective

 

1.70.1         The objective of the Higher Education Participation (Scholarships Fund) Programme is to help increase the number of undergraduate and postgraduate domestic students from disadvantaged backgrounds who access, participate in and succeed in higher education, by providing scholarships to prospective and current students from those backgrounds.

 

                   Note 1: This objective is consistent with Australia’s obligations in relation to higher education under the International Covenant on Economic, Social and Cultural Rights.

 

                   Note 2: The expenditure on the programme in a year will be the total of the amounts of grants determined (under paragraph 41-30(b) of the Act) by the Minister for that year.

 

1.75            Nature of grants

 

1.75.1         For paragraph 41-15(2)(f) of the Act, a grant under the Higher Education Participation (Scholarships Fund) Programme is in respect of a project.

 

1.80            Extra condition of eligibility for grant under Higher Education Participation (Scholarships Fund) Programme

 

1.80.1         It is an extra condition of eligibility for a grant under the Higher Education Participation (Scholarships Fund) Programme that a provider have a proportion of students from a low socio-economic background.

 

                   Note 1: In approving (under section 41-20 of the Act) a grant under the Higher Education Participation (Scholarships Fund) Programme, the Minister may take account of factors such as a provider’s proportion of students from a low socio-economic background. It is expected that these factors will be published on the Department’s website.

 

                   Note 2: In determining (under paragraph 41-30(b) of the Act) the amount of a grant under the Higher Education Participation (Scholarships Fund) Programme, the Minister may take account of factors such as a provider’s proportion of students from a low socio-economic background and their success in completing units. It is expected that these factors will be published on the Department’s website.

 

HIGHER EDUCATION PARTICIPATION (NATIONAL PRIORITIES POOL) PROGRAMME

 

1.85            Programme objective

 

1.85.1         The objective of the Higher Education Participation (National Priorities Pool) Programme is to help increase the number of undergraduate and postgraduate domestic students from disadvantaged backgrounds who access, participate in and succeed in higher education, by providing grants for projects that support more effective implementation of equity policy in higher education through initiatives with system wide focus and relevance to equity practices across the higher education sector.

 

                   Note 1: This objective is consistent with Australia’s obligations in relation to higher education under the International Covenant on Economic, Social and Cultural Rights.

 

                   Note 2: In approving (under section 41-20 of the Act) a grant under the programme, the Minister may take account of factors such as an annual investment plan. It is expected that these factors will be published on the Department’s website.

 

1.86            Nature of grants

 

1.86.1         For paragraph 41-15(2)(f) of the Act, a grant under the Higher Education Participation (National Priorities Pool) Programme is in respect of a project.

10  Saving provision

Despite the repeal of sections 1.40 to 1.85 of the Other Grants Guidelines (Education) 2012 by this Schedule, those sections, as in force before the repeal, continue to apply in relation to a decision or grant made in accordance with those sections before the repeal.

[Higher Education Participation Programmes]