Commonwealth of Australia

 

Higher Education Support Act 2003

 

COMMONWEALTH SCHOLARSHIPS GUIDELINES

 

Amendment of Guidelines pursuant to section 238-10 of the Higher Education Support Act 2003

 

I, JULIE BISHOP, Minister for Education, Science and Training, pursuant to section 238-10 of the Higher Education Support Act 2003 ("the Act"), make the attached amendment to the Commonwealth Scholarships Guidelines for the purposes of Part 2-4 of the Act.

 

 

 

 

 

 

 

Dated this..................9th....................day of................October...............................2007.

 

 

 

 

 

_________________________________________

JULIE BISHOP

Minister for Education, Science and Training

 

 

 

 


COMMONWEALTH OF AUSTRALIA

 

Higher Education Support Act 2003

 

Guidelines for Commonwealth Scholarships

 

 

(i) CITATION

 

These Guidelines may be cited as Amendment No. 4 to the Commonwealth Scholarships Guidelines.

 

(ii) AUTHORITY

 

These Guidelines are made under subsection 238-10(1) of the Higher Education Support Act 2003 (the Act).

 

(iii) DATE OF EFFECT

 

These Guidelines will come into effect on 1 January 2008.

 

(iv) AMENDMENT

 

These Guidelines amend the Commonwealth Scholarships Guidelines which were registered on 20 September 2005 and which commenced on 1 January 2006 (see F2005L02715) and their subsequent amendments, No. 1 (F2006L03667) which commenced from 18 November 2006, No. 2 (F2006L05735) which commenced retrospectively from 1 January 2006 and No. 3 (F2007L01824) which commenced retrospectively from 1 January 2007.

 


ITEM 1

 

Repeal the table of contents and substitute:

 

TABLE OF CONTENTS page

 

CHAPTER 1 INTRODUCTION...................................................4

1.1 PURPOSE......................................................4

1.5 INTERPRETATION...............................................4

CHAPTER 2  COMMONWEALTH SCHOLARSHIPS...................................7

2.1 PROGRAMME OBJECTIVES........................................7

2.1.1  Description of Scholarships....................................7

2.1.5 Class of Commonwealth Scholarship.............................8

2.5 GRANTS.......................................................8

2.5.1 How Grant Amounts are to be Determined.........................8

2.5.5 How the Allocation of CS to a Provider will be Determined.............8

2.5.10 Return and Reallocation of Unawarded CS........................11

2.10 STUDENT ELIGIBILITY REQUIREMENTS.............................11

2.10.1 Basic Eligibility Requirements.................................11

2.10.5 Low Socio-Economic Status Requirements.......................14

2.10.10 Full-time Student Requirements................................15

2.10.15 Additional CAS Eligibility Requirements..........................15

2.15 APPLICATION, SELECTION AND OFFER PROCESSES AND POLICIES...16

2.15.1 Applications...............................................16

2.15.5 Selection Policy.............................................17

2.15.10 Offer Process..............................................18

2.15.15 Letters and Certificates to students.............................19

2.20 PAYMENTS TO STUDENTS........................................20

2.20.1 Value of Scholarships and Indexation Arrangements................21

2.20.5 Payment Arrangements.......................................21

2.25 CONDITIONS OF SCHOLARSHIP...................................22

2.25.1 Ongoing Eligibility Requirements...............................22

2.25.5 Suspension of a CS..........................................22

2.25.10 Maximum Duration of a CS....................................22

2.25.15 Termination of a CS..........................................22

2.25.20 Provision of False or Misleading Information......................23

CHAPTER 3 AUSTRALIAN POSTGRADUATE AWARDS...............................24

3.1 PROGRAMME OBJECTIVES.......................................24

3.1.1 Description of Scholarship....................................24

3.1.5 Class of Commonwealth Scholarship............................24

3.5 GRANTS......................................................24

3.5.1 Total Grant Amounts and Indexation.............................24

3.5.5 How Grant Amounts are to be Determined........................24

3.10 STUDENT ELIGIBILITY REQUIREMENTS.............................25

3.10.1 Basic Eligibility Requirements.................................25

3.10.5 Equivalent Attainment to a Bachelor Degree with First Class Honours...25

3.10.10 Approval of a Part-time APA...................................25

3.15 APPLICATION, SELECTION AND OFFER PROCESSES AND POLICIES.......26

3.15.1  Applications………………………………………………………………………..26

3.15.5 Selection Policy.............................................26

3.15.10 Offer Process..............................................26

3.20 PAYMENTS TO STUDENTS........................................26

3.20.1 Value of Scholarships and Indexation Arrangements................27

3.20.5 Relocation Allowance........................................27

3.20.10 Thesis Allowance...........................................27

3.20.15 Duration of an APA..........................................27

    3.25 CONDITIONS OF SCHOLARSHIP...................................28

3.25.1 Ongoing Eligibility...........................................28

3.25.5 Suspensions...............................................28

3.25.10 Transfer to another Provider...................................28

3.25.15 Conversion of Degrees.......................................28

3.25.20 Leave Entitlements..........................................28

3.25.25 Work.....................................................29

3.25.30 Termination of an APA.......................................29

3.25.35 Provision of False or Misleading Information......................29

3.30 MISCELLANEOUS...............................................30

3.30.1 Supervision and Facilities.....................................30

CHAPTER 4 ENDEAVOUR INTERNATIONAL POSTGRADUATE RESEARCH SCHOLARSHIPS.31

4.1 PROGRAMME OBJECTIVES.......................................31

4.1.1 Description of Scholarship....................................31

4.1.5 Class of Commonwealth Scholarship............................31

4.2 PARTICULAR PROVISIONS RELATING TO 2006 ENDEAVOUR IPRS.........31

4.2.1 Adjustments relating to 2004 IPRS Overspends....................31

4.2.2 Application of Unspent 2006 Endeavour IPRS Grants................32

4.5 GRANTS......................................................33

4.5.1 Total Grant Amounts and Indexation.............................33

4.5.2 Revised approach to providers’ 2004 and 2005 Over-commitments.....33

4.5.3 Reduced total amounts available for new Endeavour IPRS, 2007 and later years                            33

4.5.4 Application of the 2007 – 2010 Reductions........................34

4.5.5 How Grant Amounts are to be Determined........................34

4.10 STUDENT ELIGIBILITY REQUIREMENTS.............................35

4.15 APPLICATION, SELECTION AND OFFER PROCESSES AND POLICIES.......35

4.15.1 Applications...............................................36

4.15.5 Selection Policy.............................................36

4.15.10 Offer Process..............................................36

4.20 USING THE GRANT AMOUNTS.....................................37

4.20.1 Value of Scholarship.........................................37

4.20.2 Maximum Grant Amount......................................37

4.20.3 Acquitting and rolling-over Endeavour IPRS grants.................37

4.20.5 Non-commencements and Withdrawals..........................38

4.20.10 Duration of an Endeavour IPRS.................................39

4.25 CONDITIONS OF SCHOLARSHIP...................................39

4.25.1 Ongoing Eligibility...........................................39

4.25.5 Suspension of an Endeavour IPRS..............................39

4.25.10 Transfer to another Provider...................................39

4.25.15 Conversion of Degrees.......................................39

4.25.20 Change of Research Area.....................................40

4.25.25 Work.....................................................40

4.25.30 Termination of an Endeavour IPRS..............................40

4.25.35 Provision of False or Misleading Information......................41

4.30 MISCELLANEOUS...............................................41

4.30.1 Supervision and Facilities.....................................41

CHAPTER 5 INDIGENOUS STAFF SCHOLARSHIPS.................................42

5.1 PROGRAMME OBJECTIVES.......................................42

5.1.1 Description of Scholarship....................................42

5.1.5 Class of Commonwealth Scholarship............................42

5.5 GRANTS......................................................42

5.5.1 Total Grant Amounts and Indexation.............................42

5.5.5 How Grant Amounts are to be Determined.........................42

5.10 STUDENT ELIGIBILITY REQUIREMENTS.............................42

5.10.1 Basic Eligibility Requirements.................................42

5.15 APPLICATION, SELECTION AND OFFER PROCESSES AND POLICIES.......43

5.15.1 Application Process.........................................43

5.15.5 Selection Policy.............................................43

5.15.10 Offer Process...................................................44

5.20 CONDITION OF GRANTS TO ELIGIBLE PROVIDERS...................44

5.20.1 Payments to Administering Providers............................44

5.20.5 Payment of Stipend to Students................................44

5.20.10 Payment of tuition fees and/or student contribution amounts..........44

5.20.15 Recovery of Funds on Termination or Transfer of ISS................44

5.20.20 Administering Provider Reporting and Notice Requirements..........44

5.25 CONDITIONS OF SCHOLARSHIP...................................45

5.25.1 Value of the ISS.............................................45

5.25.5 Duration of the ISS..........................................45

5.25.10 Commencement of the ISS....................................45

5.25.15 Suspension of the ISS........................................45

5.25.20 Withdrawal from Course......................................45

5.25.25 Change of Course of Study....................................46

5.25.30 Transfer of a Scholarship.....................................46

5.25.35 Eligibility for Concurrent Scholarships or Awards..................46

5.25.40 Work.....................................................46

5.25.45 Leave.....................................................46

5.25.50 Student Reporting Requirements...............................46

5.25.55 Termination................................................46

ITEM 2

 

Repeal Chapter 1 and substitute:

CHAPTER 1 INTRODUCTION

1.1 PURPOSE

The purpose of these Guidelines is to provide for Commonwealth Scholarships under section 4620 of the Higher Education Support Act 2003 (the Act).

In administering the Act, DEST is bound by the provisions of the Privacy Act 1988.

 

Freedom of information

All documents created or held by the Department in relation to the CS programme are subject to the Freedom of Information Act 1982 ("FOI Act"). Unless a document falls under an exemption provision, it will be made available to the general public if requested under the FOI Act.

 

1.5 INTERPRETATION

1.5.1 Unless the contrary intention appears, the terms used in these Guidelines have the same meaning as in the Act. 

 

1.5.5 In these Guidelines, unless the contrary intention appears:

 

the Act means the Higher Education Support Act 2003

administering provider is the higher education provider that is administering the scholarship on behalf of the Commonwealth Government

APA means an Australian Postgraduate Award as outlined at Chapter 3 of these Guidelines

AQF means the Australian Qualifications Framework as specified at http://www.aqf.edu.au/aqfqual.htm

ASGC Remoteness Areas means the Australian Standard Geographical Classification Remoteness Areas as described in the Australian Institute of Health and Welfare 2004 publication, ‘Rural, Regional and Remote Health: A Guide to Remoteness Classifications

Associate Degree means a qualification as defined in the Australian Qualifications Framework:  Associate Degree Guidelines.

CAS means an Ordinary-CAS; a CAS-Associate Degree; a CAS-Indigenous Enabling; and a CAS-Indigenous Payment, more fully described in paragraph 2.1.1 of these Guidelines.

CECS means an Ordinary-CECS; a CECS-Associate Degree; and a CECS-Indigenous Enabling, more fully described in paragraph 2.1.1 of these Guidelines.

commencing scholarship holder means a student in their first scholarship period

Commencing student means a student undertaking a course at entry level for the first time with that eligible scholarship provider.

continuing scholarship holder means a student in their second or subsequent scholarship period

Course start date means for students commencing study at a tertiary institution, the start of the orientation period (commonly known as O Week), or if students do not attend the orientation period, the actual day the course starts i.e. the first day of classes. 

CRICOS  means the Commonwealth Register of Institutions and Courses for Overseas Students

CS means a Commonwealth Scholarship specified in paragraph 2.1.1 of these Guidelines.

date of commencement in respect of an ISS, is the date that DEST receives the Letter of Acceptance signed by the successful student

Department means the Australian Government Department of Education, Science and Training

 

DEST means the Australian Government Department of Education, Science and Training

DIAC means the Australian Government Department of Immigration and Citizenship

Employing provider in respect of an ISS, is the higher education provider that is employing the recipient of the ISS

Employment   in respect of an ISS, means all tenured and contract positions within the public higher education sector

Eligible Enabling Course means an enabling course as defined in Schedule 1 of the Higher Education Support Act 2003; with the additional provisions that it must be at least 10 weeks in duration; provide a pathway into an undergraduate course; and not be a course aimed at fast-tracking an undergraduate degree.

eligible scholarship provider  means higher education providers listed at http://www.goingtouni.gov.au/Main/FeesLoansAndScholarships/Undergraduate/Scholarships/Commonwealth+Learning+Scholarships/EligibleCommonwealthLearningScholarshipProviders.htm

Endeavour IPRS   means an Endeavour International Postgraduate Research Scholarship, as outlined at Chapter 4 of these Guidelines and supersedes the former International Postgraduate Research Scholarships program

Full-time student load in respect of a scholarship, is at least 75% of an equivalent full-time student load (EFTSL) in the scholarship period for which the scholarship is being paid

HDR  means a Higher Degree by Research which is a Doctorate or Masters course for which at least two-thirds of the student load for the course is required as research work

HEIMS  means the Higher Education Information Management System

Indigenous  for the purposes of Chapter 2 and 5 of these Guidelines, means a person who is a member of the Aboriginal race of Australia or a descendant of the Indigenous inhabitants of the Torres Strait Islands

IHEAC  means the Indigenous Higher Education Advisory Council

 

Internal student  means a student who, for the majority of units of study in which they are enrolled in the scholarship period, is required to attend on a regular basis the campus of the administering provider or a host provider approved by the administering provider through a cross-institutional arrangement

ISS  means an Indigenous Staff Scholarship as outlined at Chapter 5 of these Guidelines

mixed mode  means a course delivered through a combination of distance education and face-to-face teaching for Indigenous students who are based in their home communities and need regular on-campus tuition to complement the distance education component of the course.

the Minister  means the Minister of the Department of Education, Science and Training.

National Priority Student  means a Commonwealth supported student occupying a place referred to in sub-section 30-10(4) of the Act.

provider  means a higher education provider

recipient means an eligible student who has accepted and is in receipt of the CS

Research Doctorate  has the meaning as described in the Australian Qualifications Framework

Research Masters  has the meaning as described in the Australian Qualifications Framework

scholarship period  in respect of a CS, means a six-month period from either 1 January to 30 June or 1 July to 31 December

the Secretary  means the Secretary of the Department of Education, Science and Training.

study period  in respect of an Endeavour IPRS, is a period of study for which a student is liable to pay all or part of the cost of a course that is specified in the CRICOS listing

suspension  in respect of a scholarship, means a period of time during which a scholarship holder is not receiving scholarship payments

 

1.5.10 Any reference to a part, division or section of the Act is a reference to that part, division or section as in force from time to time.

 

1.5.15 Terms used in these Guidelines that are in italics have the meaning stated in paragraph 1.5.5 of these Guidelines.

 

 

ITEM 3

 

Repeal Chapter 2 and substitute:

 

CHAPTER 2  COMMONWEALTH SCHOLARSHIPS

 

2.1 PROGRAMME OBJECTIVES

The objectives of the CS Programme are to facilitate choice in higher education and to increase higher education participation by students from low socio-economic backgrounds, particularly Indigenous students and students from regional and remote areas.

The primary aim of the CAS-Indigenous Payment scholarships is to improve higher education access for Indigenous people, particularly those who need to relocate from regional and remote areas, through a once in a lifetime payment to take up an undergraduate or eligible higher education enabling course.  The CAS-Indigenous Payment is targeted at commencing students.

 

2.1.1 Description of Scholarships

(1) The following CS, which are standard scholarships, for the purposes of paragraph 46-10(a) of the Act:

(a) Commonwealth Education Costs Scholarships, with up to four years of funding available, to assist with general education costs (Ordinary-CECS); 

(b) Commonwealth Accommodation Scholarships, with up to four years of funding available, to assist with accommodation costs (Ordinary-CAS);

(c) Commonwealth Education Costs Scholarships, with up to two years of funding, to assist with general education costs for Associate Degrees (CECS-Associate Degree);

(d) Commonwealth Accommodation Scholarships, with up to two years of funding, to assist with accommodation costs for Associate Degrees (CAS-Associate Degree);

(e) Commonwealth Education Costs Scholarships, with up to one year of funding, to assist Indigenous students with general education costs to undertake an eligible enabling course (CECS-Indigenous Enabling);

(f) Commonwealth Accommodation Scholarships, with up to one year of  funding, to assist Indigenous students with accommodation costs to undertake an eligible enabling course (CAS-Indigenous Enabling); and

(g) Commonwealth Accommodation Scholarships, through a once-only scholarship payment, to assist Indigenous students to undertake either an eligible enabling course or an undergraduate course (CAS-Indigenous Payment).

 

2.1.5 Class of Commonwealth Scholarship

A CS is an indirectly-paid standard scholarship, under paragraph 46-10(aa) of the Act.

 

2.5 GRANTS

 

2.5.1 How Grant Amounts are to be Determined

The maximum amount of CS grant to be paid to an administering provider under section 46-13 and 46-15 of the Act for a year will equal the sum of the CECS grant amount and the CAS grant amount. Grant amounts are calculated for each CS category specified in paragraph 2.1.1 of these Guidelines as follows:

Grant Amount

=

Number of CS in the category allocated to the administering provider, as determined under paragraphs 2.5.5(1), 2.5.5(2) and 2.5.5(6) to (10) of these Guidelines

x

Value of the CS

 

2.5.5 How the Allocation of CS to a Provider will be Determined

 

Ordinary-CECS

(1) The number of Ordinary-CECS allocated to an eligible administering provider will be determined as follows: 

 

Number of Ordinary-CECS to be allocated to the provider

 

=

Number of CECS allocated to the administering provider over the previous three years

 

 

+

Total number of new Ordinary-CECS x (Ax30% + Bx50% + Cx20%) or as determined in accordance with paragraph (4) below

Where: A is the average over the most recent two years for which data are available of the provider’s proportion of all Commonwealth supported, full-time, undergraduate students who are enrolled at all eligible scholarship providers;

B is the average over the most recent two years for which data are available of the administering provider’s proportion of all Commonwealth supported, full-time undergraduate students from a low socio-economic background who are enrolled at all eligible scholarship providers; and

C is the average over the most recent two years for which data are available of the provider’s proportion of all Commonwealth supported, full-time undergraduate, Indigenous students who are enrolled at all eligible scholarship providers.

 

Ordinary-CAS

(2) The number of Ordinary-CAS allocated to an eligible scholarship provider will be determined as follows for scholarships specified in paragraph 2.1.1(1)(b) of these Guidelines:

 

Number of Ordinary-CAS to be allocated to the provider

 

=

Number of CAS allocated to the administering provider over the previous three years

 

+

Total number of new Ordinary-CAS x (Ax30% + Bx50% + Cx20%) or as determined in accordance with paragraph (4) below

Where: A is the average over the most recent two years for which data are available of the provider’s proportion of all Commonwealth supported, fulltime, undergraduate students who are enrolled internally at all eligible scholarship providers;

B is the average over the most recent two years for which data are available of the administering provider’s proportion of all Commonwealth supported, fulltime, undergraduate students with a low socio-economic background, from regional and remote areas who are enrolled internally at all eligible scholarship providers; and

C is the average over the most recent two years for which data are available of the provider’s proportion of all Commonwealth supported, full-time, undergraduate, Indigenous students who are enrolled internally at all eligible scholarship providers.

(3) Where the data referred to in paragraphs 2.5.5(1) and (2), above, is not available in relation to a provider that is not a Table A provider, a number of CECS and/or CAS may be allocated to the provider.

(4) For administering providers that have been unable to award their full allocation of Ordinary-CECS or Ordinary-CAS in any of the previous two years, a number of Ordinary-CECS or Ordinary-CAS may be withheld from that provider and may be reallocated to other providers in accordance with the allocation process referred to in paragraphs 2.5.5(1) and (2) above.

(5) A number of Ordinary-CECS and Ordinary-CAS will be withheld from the allocation process set out in paragraphs 2.5.5(1) and (2) above and allocated to administering providers that are allocated CAS-Indigenous Payments to enable CAS-Indigenous Payment recipients to receive an Ordinary-CECS and, where eligible, an Ordinary-CAS in line with the requirements set out in paragraphs 2.15.5(9) to (12) of these Guidelines.

 

CECS-Associate Degree

(6) The number of CECS-Associate Degree for scholarships specified in paragraph 2.1.1(1)(c) of these Guidelines will be determined as follows

(a) Scholarships will be allocated to eligible scholarship providers that offer eligible Associate Degree courses, in accordance with identified selection criteria and/or priorities as specified by the Minister through a competitive bidding process administered by DEST.

 

CAS-Associate Degree

(7) The number of CAS-Associate Degree allocated to an eligible scholarship provider will be determined as follows for scholarships specified in paragraph 2.1.1(1)(d) of these Guidelines:

(a) Scholarships will be allocated to eligible providers that offer eligible Associate Degree courses, in accordance with identified selection criteria and/or priorities as specified by the Minister through a competitive bidding process undertaken by DEST.

 

CECS-Indigenous Enabling

(8) The number of CECS-Indigenous Enabling allocated to an eligible scholarship provider will be determined as follows for scholarships for specified in paragraph 2.1.1(1)(e) of these Guidelines:

(a) Scholarships will be allocated to eligible providers that offer eligible enabling courses, in accordance with identified selection criteria and/or priorities as specified by the Minister through a competitive bidding process administered by DEST.

 

CAS-Indigenous Enabling

(9) The number of CAS-Indigenous Enabling allocated to an eligible scholarship provider will be determined as follows for scholarships specified in paragraph 2.1.1(1)(f) of these Guidelines:

(a) Scholarships will be allocated to eligible scholarship providers that offer eligible enabling courses, in accordance with identified selection criteria and/or priorities as specified by the Minister through a competitive bidding process undertaken by DEST.

 

CAS-Indigenous Payment

(10) The number of CAS-Indigenous Payment scholarships allocated to an eligible scholarship provider will be determined as follows for scholarships specified in paragraph 2.1.1(1)(g) of these Guidelines:

(a) Scholarships will be allocated to eligible providers that offer eligible enabling or undergraduate courses in accordance with identified selection criteria as specified by the Minister through:

(i) a data driven base allocation based on a provider’s enrolment of commencing Indigenous full-time undergraduate students in Commonwealth supported place averaged over the past two years; and/or

(ii) the outcomes of a competitive bidding process undertaken by DEST.

(b) A scholarship provider will provide those students who are awarded a CAS-Indigenous Payment, with a CECS and, where eligible, a CAS, relevant to the student’s level of study, from the provider’s allocation of CECS and CAS scholarships.

(c) If a provider’s total allocation of CAS-Indigenous Payment scholarships are not awarded in the current year, the provider must request the Secretary’s permission to roll over the unspent grant amount to the next scholarship period.  The Department will make the appropriate adjustment in the next year by deducting the number of unawarded CAS-Indigenous Payment scholarships from the allocations made in accordance with paragraph 2.5.5(10)(a) of these Guidelines. Under section 46-35 of the Act the Secretary may determine other conditions to apply to the unspent  grant amount.

 

2.5.10 Return and Reallocation of Unawarded CS

(1) Where a higher education provider believes that it does not have sufficient student demand to allocate all of its scholarships, it can advise the Department by 30 April each year of how many CSs it cannot allocate and return them to the Department. 

(2) DEST may reallocate CECS and CAS that were returned by higher education providers under paragraph 2.5.10(1) above. 

(3) If a higher education provider cannot award a minimum of 75% of the number of the scholarships outlined in paragraph 2.1.1 that they are allocated in a given year, the Minister may do one of the following:

(a) require the eligible scholarship provider to return the allocation of the unawarded CECS and/or CAS to DEST for reallocation; or

(b) grant permission to the higher education provider to convert CAS to CECS or CECS to CAS.  This provision will only apply within the same category of CS.  For example, converting an Ordinary-CAS to an Ordinary-CECS.

 

2.10 STUDENT ELIGIBILITY REQUIREMENTS

Under paragraphs 46-13(f), 46-20(1A)(c) and 46-20(2)(c) of the Act, student eligibility requirements may be specified for direct and indirect paid CSs.

 

2.10.1 Basic Eligibility Requirements

(1) A student is not eligible for an Ordinary-CECS if they have already received an Ordinary-CECS for the maximum duration, as defined in paragraph 2.25.10 of these Guidelines.

(2) A student is not eligible for an Ordinary-CAS if they have already received an Ordinary-CAS for the maximum duration, as defined in paragraph 2.25.10 of these Guidelines.

(3) A student is not eligible for a CECS-Associate Degree if they have already received a CECS-Associate Degree for the maximum duration, as defined in paragraph 2.25.10 of these Guidelines.

(4) A student is not eligible for a CAS-Associate Degree if they have already received a CAS-Associate Degree for the maximum duration, as defined in paragraph 2.25.10 of these Guidelines.

(5) A student is not eligible for a CECS-Indigenous Enabling if they have already received a CECS-Indigenous Enabling for the maximum duration, as defined in paragraph 2.25.10 of these Guidelines.

(6) A student is not eligible for a CAS-Indigenous Enabling if they have already received a CAS-Indigenous Enabling for the maximum duration, as defined in paragraph 2.25.10 of these Guidelines.

(7) A student is not eligible for a CAS-Indigenous Payment if they have previously received a CAS-Indigenous Payment.

(8) The maximum duration a student can have access to one or more scholarships described in paragraph 2.1.1 is for a total of eight scholarship periods. 

(9) However, students accessing CECS-Indigenous Enabling or CAS-Indigenous Enabling scholarships who progress to an undergraduate course are excluded from this provision and can have access to one or more scholarships described in paragraph 2.1.1 for a total of ten scholarship periods. 

(10) To be eligible for an Ordinary-CECS or an Ordinary-CAS, a student must, by the first census date (as determined in accordance with section 169-25 of the Act) of the scholarship period:

 (a) be an Australian citizen or the holder of a permanent humanitarian visa; and

 (b) be enrolled or undertaking a course (for the purposes of cross-institutional studies) with the eligible scholarship provider as a Commonwealth supported student, as defined in the Act; and

 (c) be enrolled or undertaking a course (for the purposes of cross-institutional studies) with the eligible scholarship provider in:

  (i) an undergraduate course of study (not limited to areas of National Priority) or;

  (ii) a graduate diploma (or equivalent postgraduate course of study) in an area of National Priority required for initial registration to practice in the chosen National Priority; and

 (d) meet the low socio-economic status requirements specified in section 2.10.5 of these Guidelines; and

 (e) meet the full-time student requirements specified in section 2.10.10 of these Guidelines; and

 (f) not already have completed the requirements of a course of study (with any provider) regarded by the eligible scholarship provider to be equivalent to or higher than an Australian bachelor’s award, unless each such award is a prerequisite to their current undergraduate course of study or graduate diploma (or equivalent postgraduate course of study) in an area of National Priority required for initial registration and there is no alternative pathway into that course of study at that eligible scholarship provider.  Note: a CS is intended primarily for students undertaking an initial qualification.

(11) Students who undertake a component of their course:

 (a) overseas; or

 (b) with a host provider approved by the eligible scholarship provider through a cross-institutional arrangement

 will not be precluded from accessing a CS, if the component of the course is approved by their eligible scholarship provider, and will count towards course requirements for the course in which the student is enrolled.

(12) To be eligible for a CECS-Associate Degree or CAS-Associate Degree, students must

 (a) meet the basic eligibility requirements of paragraph 2.10.1(10) above with the exception of 2.10.1(10)(c);

 (b) be enrolled in an Associate Degree course;

 (c) meet the other eligibility requirements as specified in 2.10.1(3) or (4) above; and

 (d) in the case of CAS-Associate Degree meet the additional CAS eligibility requirements as specified in section 2.10.15 of these Guidelines.

(13) Students wishing to move from a CECS-Associate Degree or CAS-Associate Degree scholarship to an Ordinary-CECS or Ordinary-CAS will be required to apply and be assessed against the selection criteria outlined in 2.10.1(10) of these Guidelines with other applicants for an Ordinary-CECS and Ordinary-CAS scholarship.  These students will only be able to access four scholarship periods of an Ordinary-CECS or Ordinary-CAS, in accordance with paragraph (8) above.

(14) To be eligible for a CECS-Indigenous Enabling or CAS-Indigenous Enabling, students must

 (a)              meet the basic eligibility requirements of paragraph 2.10.1(10) above with the
              exception of 2.10.1(10)(c);

 (b)              be enrolled in or undertaking an eligible enabling course;

 (c)              be an Indigenous person (refer to paragraph 2.10.1(16) below); and

 (d)              meet other eligibility requirements as specified in paragraph 2.10.1(5) or (6)                             above; and

 (e)              in the case of CAS-Indigenous Enabling meet the additional CAS eligibility  requirements as specified in section 2.10.15 of these Guidelines.

(15) Students wishing to move from a CECS-Indigenous-Enabling or CAS-Indigenous Enabling scholarship to an Ordinary-CECS or Ordinary-CAS which are offered by another provider will be required to apply and be assessed against the selection criteria outlined in 2.10.1(10) of these Guidelines with other applicants for an Ordinary-CECS and Ordinary-CAS scholarship at that provider.

(16) To be eligible for a CAS-Indigenous Payment, a student must: 

 (a)              be an Australian citizen; and

(b) be an Indigenous person

A person will be considered to be an Indigenous person for the purpose of a CS where the person: 

(i) is of Australian Aboriginal or Torres Strait Islander descent; and

(ii) identifies as an Australian Aboriginal or Torres Strait Islander; and

(iii) is accepted as an Australian Aboriginal or Torres Strait Islander in the community in which he/she lives or has lived.

(A student’s declaration of their Aboriginality or Torres Strait Islander status during the CS application process should normally be accepted as sufficient evidence of their Indigenous status.  However, where it is disputed or uncertainty exists as to the Aboriginality or Torres Strait Islander status of the student, evidence will be required to establish that he or she is an Aboriginal or Torres Strait Islander person.  The following documentation is acceptable in confirming a student’s status as an Indigenous person: an affirmation signed by the student, declaring that he/she identifies as an Australian Aboriginal or Torres Strait Islander; and a letter signed by the Chairperson of an Aboriginal and Torres Strait Islander incorporated organisation in a community in which the student lives or has previously lived.); and

 (c) be:

  (i) a commencing student enrolled in or undertaking a course (for the purposes of cross-institutional studies) with the eligible scholarship provider as a Commonwealth supported student, as defined in the Act; or

(ii) have accepted the offer of a place as a Commonwealth supported student, as defined in the Act; and

 (d) be a commencing student, and:

  (i) have accepted the offer of a place in; or

  (ii) be enrolled in; or

  (iii) undertaking a course (for the purposes of cross-institutional studies) with the eligible scholarship provider in an eligible enabling course or an undergraduate course of study; and

 (e) meet the low socio-economic status requirements specified in section 2.10.5 of these Guidelines; and

 (f) meet, or intend to meet, the full-time student requirements specified in section 2.10.10 of these Guidelines; and

(g) not already have completed the requirements of a course of study (with any provider) regarded by the eligible scholarship provider to be equivalent to or higher than an Australian bachelor’s award; and

 (h) In exceptional circumstances, if a continuing student is required, as part of their course, to undertake study in a location distant from their previous place of study, providers may give consideration to these students when awarding a CAS-Indigenous Payment.

 

2.10.5 Low Socio-Economic Status Requirements

(1) A student is not eligible for a CS unless the eligible scholarship provider that is to award the CS is satisfied that the student is able to demonstrate low socio-economic status either:

(a) through being in receipt of a means-tested Commonwealth income support payment (such as Austudy, ABSTUDY, Youth Allowance, etc); or

(b) on the basis of a comprehensive assessment conducted by or on behalf of the eligible scholarship provider.

(2) For the purpose of the CAS-Indigenous Payment, when assessing for low socio-economic status, assessors can have regard to the range of disadvantages which may affect the immediate financial status of Indigenous students accessing higher education.  Such factors may include geographical isolation, stability of financial status, and family circumstances, such as illness or bereavement which affect the level of family financial support. 

 

2.10.10 Full-time Student Requirements

(1) A student undertaking (or intending to undertake, for the purpose of CAS-Indigenous Payment) less than a full-time student load is not eligible for a CS unless there are exceptional circumstances which prevent the student from studying full-time. 

(2) The decision that a person cannot study full-time due to exceptional circumstances is to be made by the eligible scholarship provider. An eligible scholarship provider must take into account factors such as eligible enabling course requirements, disability, significant family care responsibilities, Indigenous community responsibilities, and course constraints outside a student’s control in determining student’s inability to undertake a full-time student load.

(3) A student whose course load falls below a full-time student load must have their eligibility status reviewed, in accordance with the ongoing eligibility requirements under paragraph 2.25.1 of these Guidelines and will be ineligible to retain their CS unless the eligible scholarship provider determines that there are exceptional circumstances which prevent the student from continuing to study on a full-time basis.

 

2.10.15 Additional CAS Eligibility Requirements

(1) In addition to the eligibility requirements defined in section 2.10 of these Guidelines and, where applicable, any further criteria specified by the eligible scholarship provider under paragraph 2.15.5(4), for a student to be eligible for a CAS, the eligible scholarship provider must be satisfied that:

 (a) within the four years immediately preceding the commencement of the current higher education course of study (including study within another program or at another provider, where the student has transferred):

  (i) the student has lived in a regional or remote area of Australia for a total of at least three years; or

  (ii) the student completed the final two years of schooling in a high school or college in a regional or remote area; or

  (iii) it was necessary for the student to live away from their regional or remote home to complete the whole or the majority of their secondary schooling at a high school or college in a major city; or

  (iv) the student has lived in a regional or remote area of Australia for a total of at least two years, and the student has relocated from the regional or remote area of Australia to undertake vocational education and training (eg TAFE) for a maximum of two years duration immediately preceding the commencement of their undergraduate course; and 

 (b) it was necessary for the student to move from the regional or remote area in order to undertake higher education study; and

 (c) as a result of (b), the student will incur additional accommodation costs; and

 (d) the student is enrolled as an internal student in units of study that form part of the course of study the student is undertaking unless the student can demonstrate the need to move, in accordance with paragraph 2.10.15(3).

(2) In determining a student’s eligibility for a CAS, the eligible scholarship provider must determine whether the student has lived in a regional or remote area consistent with paragraph 2.10.15(1)(a) above. Providers should be guided by the ASGC Remoteness Areas classification as described in the Australian Institute of Health and Welfare 2004 publication, ‘Rural, Regional and Remote Health: A Guide to Remoteness Classifications’. The classifications are:

    Major Cities of Australia (MC),

    Inner Regional Australia  (IR),

    Outer Regional Australia (OR),

    Remote Australia   (R), and

   Very Remote Australia  (VR).

 An eligible scholarship provider must deem a student ineligible if they have come from a locality belonging to the MC classification. The remaining classifications may assist in assessing students’ applications for CAS.

(3) For the purpose of determining under paragraph 2.10.15(1)(b) the necessity for the student to move, a student should normally be enrolled as an internal student to be deemed eligible for CAS unless the student can demonstrate that there are exceptional circumstances preventing them from doing so, including, but not limited to the following:

 (a) the need for the student to attend classes or access other study related facilities on the campus at which the student is enrolled with the eligible scholarship provider or a host provider approved by the eligible scholarship provider through a cross-institutional arrangement;

 (b) the distance from the student’s home to the relevant campus;

 (c) the availability and quality of transport infrastructure between the student's home and the relevant campus; and

 (d) limitations on the student’s mobility due to disability and/or carer responsibilities.

 

2.15 APPLICATION, SELECTION AND OFFER PROCESSES AND POLICIES

The eligible scholarship administering providers are responsible for the CS application, selection and offer processes and must make information about the processes, policies and conditions of scholarship readily and publicly available.

 

2.15.1 Applications

(1) Eligible scholarship providers must conduct a competitive application process for awarding CS. 

(2) With the agreement of DEST, eligible scholarship providers may wish to quarantine a small proportion (no more than 10%) of their CS allocation for students who are identified by the eligible scholarship provider as coming from a disadvantaged background and participate in a scheme to facilitate access to the provider for students from a low socio-economic background.  Providers must ensure that these students meet the eligibility criteria before payment of a scholarship.  This process will enable providers to award these quarantined scholarships outside of the competitive application process to encourage disadvantaged students to enter higher education through special access schemes.

(3) Applications for CS must be submitted in the form approved and by the date determined by the eligible scholarship provider. 

(4) Eligible scholarship providers must include the following statement on the application form, immediately prior to the applicant’s signature block: “Giving false or misleading information is a serious offence under the Criminal Code (Commonwealth)”.

 

2.15.5 Selection Policy

(1) An eligible scholarship provider must maintain a CS selection policy which accords with these Guidelines and the fairness requirements in subdivision 19-D of Part 2-1 of the Act. Each provider must select students for a CS in accordance with its selection policy.

(2) An eligible scholarship provider’s selection policy must specify that a student is not to be selected for a CS unless the eligible scholarship provider is satisfied that the student meets or, by the first census date (as determined in accordance with section 169-25 of the Act) of the scholarship period and before any CS payment is made, will meet, the eligibility criteria as set out in section 2.10 of these Guidelines.

(3) An eligible scholarship provider’s selection policy must specify that special consideration will be given to Indigenous students applying directly for a CECS or CAS and who are not awarded a CAS-Indigenous Payment to ensure a fair proportion of the administering provider’s Ordinary-CECS, Ordinary-CAS, CECS-Associate Degree and CAS-Associate Degree scholarships are awarded to Indigenous students. A fair proportion means that the proportion of scholarships to be awarded to Indigenous students should be at least equal to the proportion of all eligible Indigenous applicants. That is, if there are 100 total eligible applicants for 20 scholarships and 20 eligible applicants are Indigenous, a minimum of four Indigenous applicants (20% of total Indigenous eligible applicants) should be awarded scholarships.

(4) An eligible scholarship provider’s selection policy may preclude students who are in receipt of other types of scholarships and awards from selection for a CS.

 

Priority for the offer of a CS for students progressing from a CECS-Indigenous Enabling and/or CAS-Indigenous Enabling

(5) If a provider offers a student a CECS-Indigenous Enabling and/or CAS-Indigenous Enabling scholarship, then the provider must award that student with a CECS or CAS relevant to the student’s level of study if the student has successfully completed the enabling course and progresses to an undergraduate course offered by the provider.

(6) If a student receives a CECS-Indigenous Enabling and/or CAS-Indigenous Enabling scholarship, but, after successful completion of the enabling course, chooses to progress to an undergraduate course of study offered by another provider, that provider must give these students priority when allocating its Associate Degree and Ordinary scholarships.

 

Priority for the offer of CAS-Indigenous Payments

(7) In determining the allocation of CAS-Indigenous Payments to eligible students under paragraph 2.10.1(16), the scholarship provider should consult with the provider’s Indigenous support / education centre, where one exists, and must give priority in its allocation to students who have to relocate to attend their course of study and are in accordance with the additional CAS eligibility requirements as outlined in section 2.10.15 of these Guidelines. 

(8) In determining the allocation of CAS-Indigenous Payments to eligible students under paragraph 2.10.1(16), the scholarship provider must give priority to those eligible students who need to relocate from regional and remote areas to undertake their studies and who meet the additional CAS requirements under 2.10.15.  A provider may offer a CAS-Indigenous Payment to other eligible students who do not meet the additional CAS requirements under 2.10.15, but only if sufficient numbers of CAS-Indigenous Payments are held by that provider.  A student who is offered a CAS-Indigenous Payment, but who does not meet the additional CAS requirements under 2.10.15, will only be eligible to receive a CECS.

 

Link between CAS-Indigenous Payment and CECS and CAS

(9)  Where a provider offers a CAS-Indigenous Payment to an eligible student who relocates to undertake their studies and meets the additional CAS requirements under 2.10.15, then the provider must also provide the student with a CAS scholarship relevant to the student’s level of study (for example, a CAS-Associate Degree scholarship if the student is enrolled in an Associate Degree course), and a CECS.

(10) Where a provider offers a CAS-Indigenous Payment to an eligible student who relocates to undertake their studies, but does not meet the additional CAS requirements as outlined in section 2.10.15, then the provider must also provide the student with a CECS relevant to the student’s level of study (for example, a CECS-Associate Degree scholarship if the student is enrolled in an Associate Degree course).

(11) Where a provider offers a CAS-Indigenous Payment to an eligible student who does not relocate to take up their studies, the provider must also provide the student with a CECS relevant to the student’s level of study (for example, a CECS-Associate Degree scholarship if the student is enrolled in an Associate Degree course).

(12) Where a provider offers a CAS-Indigenous Payment to an eligible student who is in receipt of the ABSTUDY Residential Costs Option or assistance under an Away-From-Base for mixed-mode delivery allowance, where students are enrolled in an eligible mixed-mode course, then the provider must also provide the student with a CECS relevant to the student’s level of study (for example, a CECS-Associate Degree scholarship if the student is enrolled in an Associate Degree course).

 

2.15.10 Offer Process

(1) Where there are sufficient eligible applicants, an eligible scholarship provider must offer at least the number of CS it is allocated in accordance with section 2.5.5 of these Guidelines. 

(2) An eligible scholarship provider may offer additional CS where such offers can be supported through its CS allocation, taking into account any liabilities arising from additional scholarship offers and the suspension of scholarships by its students. The administering provider is responsible for managing and funding any liabilities above their allocation.

(3) An eligible scholarship provider may only offer a student a CS as a result of an application lodged as part of a competitive application process, with the exception of:

 (a) those students who, further to the offer of a CAS-Indigenous Payment, are offered a CECS or a CAS under paragraphs 2.15.5(9) to (12) above; or

 (b) those students who, having been in receipt of either a CECS-Indigenous Enabling or a CAS-Indigenous Enabling scholarship, upon successful completion of the enabling course, progress to either an Ordinary-CECS or Ordinary-CAS, or a CECS-Associate Degree or a CAS-Associate Degree scholarship; or

 (c) those students who have been offered a CS through the process determined in 2.15.1(2) above.

(4) An eligible scholarship provider must offer a CS to a student in writing and advise the student in writing of the assistance to which they are entitled and the conditions of the CS as specified at section 2.25 of these Guidelines.

(5) Where there are sufficient eligible applicants, at least 80% of a provider’s scholarship offers to prospective commencing students must be made within 5 working days of the provider offering a prospective commencing student a Commonwealth-supported place.  Such offers must be made on the condition that the student is eligible to receive payment of a CS on the student’s first census date for the scholarship period.

(6) In 2008, if a provider cannot make scholarship offers within the timeframe specified in paragraph 2.15.10(5), it must notify the Minister by 1 November 2007 that it will be delaying the compliance with paragraph 2.15.10(5) until 2009.  All providers must meet the conditions specified in paragraph 2.15.10(5) for 2009.

(7) Where not all scholarships offered are accepted by students, providers may make second and subsequent round offers to students who were deemed eligible through the provider’s assessment process.

(8) Providers may offer mid year scholarships where such scholarships can be supported through their CS allocation.

(9) Eligible scholarship providers must ensure that students, at the time of accepting an offer of a CS:

(a) accept the conditions of the CS; and

(b) agree to provide personal information on request in order to assess the student’s ongoing eligibility for a CS.

 

2.15.15 Letters and Certificates to students

(1) DEST will issue to a new CS recipient a commemorative certificate and letter in the form approved by the Minister.

(2) DEST is bound by the Privacy Act 1988.  Eligible scholarship providers must ensure that the students give their permission for certain information which is collected to be passed from the provider to DEST for the purpose of enabling the Australian Government to issue the certificate and letter.  This information includes the student’s name, address, and scholarship type.  These students must be advised that if they do not provide this information it may not be possible for the Australian Government to issue a scholarship certificate to the student.

(3) Subject to paragraph (4) below, providers must provide the information specified in (2) above no later than 15 working days after the commencing scholarship holder’s first census date, or first course start date for eligible enabling courses.  Information pertaining to continuing scholarship holders must be submitted no later than required in the standard reporting requirements provided by HEIMS.

(4) In relation to CAS-Indigenous Payment recipients, providers must provide the information specified in (2) above to DEST no later than 15 working days after the student has accepted the scholarship.

 

2.20 PAYMENTS TO STUDENTS

(1) An eligible scholarship provider must pay the value of a CS to a student who is awarded a CS in accordance with these Guidelines. 

(2) An eligible scholarship provider must spend CECS grant amounts only on the making of CECS payments to students awarded a CECS who are undertaking their enabling course of study, undergraduate course of study or graduate diploma (or equivalent postgraduate course of study) in an area of National Priority required for initial registration to practice in the chosen National Priority area with the eligible scholarship provider.

(3) An eligible scholarship provider must spend CAS grant amounts only on CAS payments to students awarded a CAS who are undertaking their enabling course of study, undergraduate course of study or graduate diploma (or equivalent postgraduate course of study) in an area of National Priority required for initial registration to practice in the chosen National Priority area with the eligible scholarship provider.

(4) An eligible scholarship provider must spend CAS-Indigenous Payment grant amounts only on CAS-Indigenous Payments to students awarded a CAS-Indigenous Payment who are undertaking their eligible enabling course of study or undergraduate course of study.

(5) CS grants may only be used for CS payments.

(6) Students must state if they have consumed any entitlement of a CS with the provider, or any other eligible scholarship provider.  Prior to payment of a CAS-Indigenous Payment, the student must sign a declaration stating they have not accepted the offer of a CAS-Indigenous Payment at any other eligible scholarship provider. 

(7) For the CAS-Indigenous Payment, the provider must ensure that the student that has been offered a scholarship meets the eligibility criteria referred to in paragraph 2.10.1(16) of these Guidelines at the time the student accepts the scholarship offer in order for the student to receive the first payment of this scholarship.

(8) For the CAS-Indigenous Payment, students that receive the first payment of this scholarship, but for legitimate and genuine reasons, do not meet the eligibility requirements at the student’s first census date, may not be required to repay the first scholarship payment.  It is the responsibility of the provider to determine if a student’s reasons are legitimate and genuine.

 

2.20.1 Value of Scholarships and Indexation Arrangements

(1) The scholarship values will be indexed annually in accordance with Part 5-6 of the Act.

(2) The Australian Government will advise the value of a scholarship by 1 August each year.

 

2.20.5 Payment Arrangements

(1) An eligible scholarship provider will make payments directly to eligible students who have accepted the scholarship.

(2) The payments will be made as follows:

(a) For Ordinary-CECS and Ordinary-CAS and CECS-Associate Degree and CAS-Associate Degree offered to students before census date, one payment totalling 50% of the annual value of the CS will be made in each six-month period as soon as practicable after the student’s first census date or within six weeks after the student’s first census date, as determined in accordance with section 169-25 of the Act, for study being undertaken in that scholarship period.

(b) For Ordinary-CECS, Ordinary-CAS, CECS-Associate Degree and CAS-Associate Degree offered to students on or after census date, one payment totalling 50% of the annual value of the CS will be made within six weeks of the student accepting the CS.  Thereafter, one payment totalling 50% of the annual value of the CS, will be made in each six-month period as soon as practicable after the student’s first census date or within six weeks after the student’s first census date, as determined in accordance with section 169-25 of the Act, for study being undertaken in that scholarship period.

(c) For CECS-Indigenous Enabling and CAS-Indigenous Enabling, one payment totalling 50% of the value of the scholarship will be made as soon as practicable after the student’s first course start date, or within six weeks after the student’s first course start date.  The remaining 50% payment will be made in the six-month period following the student’s first course start date provided the student meets all of the relevant eligibility criteria in section 2.10 of these Guidelines at the time of payment.  For enabling courses that are six-months or less in duration, the student will only receive 50% of the value of the scholarship.  The provider may award the remaining 50% of the scholarship to another eligible student undertaking a six-month enabling course.

(d) For CAS-Indigenous Payment scholarships, one payment up to 50% of the value of the scholarship will be made as soon as practicable after the student has accepted the offer of the scholarship.  The provider will pay the remaining amount as soon as practicable after the student’s first census date, or within six weeks after the student’s first census date, provided the student maintains enrolment and meets the other eligibility criteria at the student’s first census date. 

 

2.25 CONDITIONS OF SCHOLARSHIP

2.25.1 Ongoing Eligibility Requirements

Each eligible scholarship provider is responsible for monitoring the ongoing eligibility of its students to ensure that each student continues to meet the eligibility requirements for a CS as set out in section 2.10 and, where applicable, any further selection criteria specified by the eligible scholarship provider under paragraph 2.15.5(4) of these Guidelines. An eligible scholarship provider must confirm a student’s eligibility for a CS prior to making a CS payment.

 

2.25.5 Suspension of a CS

(1) An eligible scholarship provider may approve requests for periods of suspension of a CS in accordance with the eligible scholarship provider’s own policies. 

(2) For student’s progressing from a CECS-Indigenous Enabling or CAS-Indigenous Enabling to a CECS-Associate Degree, CAS-Associate Degree, Ordinary-CECS or Ordinary-CAS, the maximum suspension an eligible scholarship provider can allow between courses is one year.

 

2.25.10 Maximum Duration of a CS

The maximum duration of an Ordinary-CECS or Ordinary-CAS is eight scholarship periods.

The maximum duration of a CECS-Associate Degree or CAS-Associate Degree  is four scholarship periods.

The maximum duration of a CECS-Indigenous Enabling, CAS-Indigenous Enabling, or CAS-Indigenous Payment is two scholarship periods.

 

2.25.15 Termination of a CS

(1) An eligible scholarship provider must terminate a CS:

 (a) if the student ceases to meet the eligibility criteria specified in section 2.10 or 2.25.1 or, where applicable, any criteria specified by the eligible scholarship provider under paragraph 2.15.5(4) of these Guidelines, other than during a period of approved suspension; or

 (b) once the maximum duration of the CS has been reached; or

 (c) if the eligible scholarship provider determines that the student:

  (i) has failed to maintain satisfactory academic progress and there are no extenuating circumstances for such failure; or

  (ii) has committed serious misconduct during a course of study whilst attending eligible scholarship provider including, but not limited to, the provision of false or misleading information in terms of paragraph 2.25.20 of these Guidelines

(2) An eligible scholarship provider may not terminate a student’s CS for any other reason.

 

2.25.20 Provision of False or Misleading Information

(1) If an eligible scholarship provider knows or has reason to believe that a student in receipt of a CS has provided false or misleading information to the administering provider in relation to the CS, the administering provider must immediately:

(a) re-assess the student’s entitlement to the CS; and

(b) notify DEST of the suspected offence and provide the student’s application and where possible, the original copies of any other relevant information requested by DEST.

(2) In such a situation the provider should not communicate with or alert the student to the investigation of the possible offence.

 (a) Contact will be made in due course by officers of the Department’s the National Investigations Unit.

 

 

ITEM 4

 

Repeal paragraph 3.25.35 and substitute:

 

3.25.35 Provision of False or Misleading Information

 

(1) If an eligible scholarship provider knows or has reason to believe that a student in receipt of an APA has provided false or misleading information to the administering provider in relation to the APA, the administering provider must immediately:

(a) re-assess the student’s entitlement to the APA; and

(b) notify DEST of the suspected offence and provide the student’s application and where possible, the original copies of any other relevant information requested by DEST.

(2) In such a situation the provider should not communicate with or alert the student to the investigation of the possible offence.

 (a) Contact will be made in due course by officers of the Department’s the National Investigations Unit.

 

 

ITEM 5

 

Repeal paragraph 4.25.35 and substitute:

 

4.25.35 Provision of False or Misleading Information

 

(1) If an eligible scholarship provider knows or has reason to believe that a student in receipt of an EIPRS has provided false or misleading information to the provider in relation to the EIPRS, the provider must immediately:

(a) re-assess the student’s entitlement to the EIPRS; and

(b) notify DEST of the suspected offence and provide the student’s application and where possible, the original copies of any other relevant information requested by DEST.

(2)  In such a situation the provider should not communicate with or alert the student to the investigation of the possible offence.

 (a) Contact will be made in due course by officers of the Department’s the National Investigations Unit.

 

 

ITEM 6

 

Repeal paragraph 5.5 and substitute:

 

 

 

The total grant amounts allocated for ISS for 2008 will be up to $170,000. This amount will be indexed in subsequent years in accordance with Part 5-6 of the Act.

 

 

The amount of grants to administering providers in 2008 for the ISS will be equal to the value of the stipend ($22,700) plus up to $11,300 for payment of the student’s tuition fees and/or student contribution amounts for each ISS student who is studying with the administering provider.

 

 

ITEM 7

 

Repeal paragraph 5.15.10 and substitute:

 

5.15.10 Offer Process

 

(1) A Letter of Offer will be forwarded to successful applicants. The conditions in accepting the ISS are outlined in paragraph 5.25 of these Guidelines. In accepting an ISS, the applicant is agreeing to abide by the conditions of the ISS.  A Letter of Acceptance must be sent to the successful applicant before the ISS can commence (refer to paragraph 5.25.10(2)). 

(2) An ISS offer is made on the condition that the successful applicant is accepted into a full-time course of study leading to a higher education award with an eligible provider (administering provider).  The Letter of Acceptance from the successful applicant must include evidence of being enrolled full-time.

 

 

ITEM 8

 

Repeal paragraph 5.20.5 and substitute:

 

5.20.5 Payment of Stipend to Students

 

The stipend for 2008 of $22,700 (indexed annually) for each ISS must be paid in advance to students, each fortnight in 26 equal payments.

 

 

ITEM 9

 

Repeal paragraph 5.20.10 and substitute:

 

 

The administering provider will be paid $11,300 (indexed annually) for each ISS it administers. This amount is made available for payment of tuition fees and/or student contribution amounts. Each scholarship holder is entitled to up to $11,300 and any unspent funds will be recovered from the administering provider under the Act.

 

 

ITEM 10

 

Repeal paragraph 5.25.1 and substitute: