Commonwealth Scholarships Guidelines (Research) Amendment (No.1) 2019

COMMONWEALTH OF AUSTRALIA

Higher Education Support Act 2003

I, DAN TEHAN, Minister for Education, make the following legislative instrument.

Dated     27 November 2019

DAN TEHAN

Minister for Education

Contents

Part 1—Preliminary        3

1  Name         3

2  Commencement        3

3  Authority         3

4  Schedules        3

Schedule 1—Amendments        4

Commonwealth Scholarships Guidelines (Research) 2017  4

Part 1  Preliminary

1                     Name of Guidelines

This instrument is the Commonwealth Scholarships Guidelines (Research) Amendment (No.1) 2019.

2                       Commencement

This instrument commences on the day after it is registered.

3                       Authority

This instrument is made under section 238-10 of the Higher Education Support Act 2003 (Act) for the purposes of Part 2-4 of the Act.

4                       Schedules

The Commonwealth Scholarships Guidelines (Research) 2017 are amended as set out in Schedule 1 to this instrument.

Schedule 1 - Amendments  

Commonwealth Scholarships Guidelines (Research) 2017

1 Section i.v: 

Insert or amend the following definitions in the appropriate alphabetical order:

ABS  means the Australian Bureau of Statistics

ASCED  means the Australian Standard Classification of Education - 1272.0 - 2001 specified by the ABS

Category 1  is Australian competitive grants R&D income in HERDC

Category 2  is other public sector R&D income in HERDC

Category 3  is industry and other R&D income in HERDC

Category 4  is Cooperative Research Centre R&D income in HERDC

the department  means the Commonwealth Department of Education

R&D or research  means Research and Experimental Development as defined in the Frascati Manual 2015 maintained by the Organisation for Economic Cooperation and Development

Research Doctorate  means a Level 10 Doctoral Degree (Research) or Doctoral Degree (Professional) qualification as described in the AQF

2 Delete paragraph 1.4.15 and replace with:  

1.4.15  Grant Amounts for 2017, 2018, 2019 and 2020 Grant Years

Subject to any adjustment that may be made under paragraph 1.4.30, for the 2017, 2018, 2019 and 2020 Grant Years, the formula for calculating each HEP’s RTP Grant Amount is:

where:

* For the 2017 Grant Year only, each HEP’s RTP Grant Amount for the previous Grant Year is equal to the total of Grant Amounts received by that HEP in 2016 under the former Australian Postgraduate Awards, International Postgraduate Research Scholarships and Research Training Scheme programs.  

3 Delete paragraph 1.4.20 and replace with:  

1.4.20  Grant Amounts for 2021 and future Grant Years

Subject to any adjustment that may be made under paragraph 1.4.30, for the 2021 and future Grant Years, each HEP’s RTP Grant Amount is equal to that HEP’s Basic Grant Amount calculated in paragraph 1.4.5.

4  After paragraph 1.4.25 insert:

1.4.30  Adjustments

(1)                    If a HEP provides incorrect HERDC or HESDC data used to calculate the HEP’s RTP Grant Amount for a Grant Year, the HEP must correct the information provided to the department (‘corrected data’), provide supporting evidence that demonstrates the accuracy of the corrected data, and provide information on the causes of the incorrect data.

(2)                    If the HEP provides corrected data and supporting evidence on or before 1 October in the year the data was first provided the department will take into account the corrected data when calculating grant amounts under paragraphs 1.4.5 or 1.4.15 (as applicable).

(3)                    Subject to subparagraph 1.4.30(4), if a HEP provides either the corrected data or supporting evidence after 1 October in the year the data was first provided, the corrected data will not be used to calculate, or adjust, the HEP’s Grant Amount for a Grant Year.

(4)                    Where corrected data is provided in accordance with subparagraph 1.4.30(3), the department will use the method specified in paragraphs 1.4.5 or 1.4.15 (as applicable) to determine the Grant Amount the HEP would have been paid for the Grant Year if the corrected data had been used. If the department determines that a HEP has received an overpayment in respect of the Grant Year, the HEP must repay the amount of the overpayment to the department.

5 Delete paragraph 1.6.30 and replace with: 

1.6.30  Additional Conditions for Overseas Students

(1)                    A HEP may only spend up to a maximum of 10 per cent of its RTP grant amount in a Grant Year, on the provision of RTP Scholarships to overseas students.

(2)                    When calculating the 10 per cent cap specified in subparagraph 1.6.30(1), a HEP must take into account any RTP grant amount approved by the Secretary of the department under section 41-40 of the Act to be rolled over from the previous Grant Year.

6 After paragraph 1.6.55 insert:

1.6.60  Items to be reported

A HEP must report to the department the items specified in column 1 (‘Item’) of the table, in accordance with the specification in column 2 (‘Specification’), in each Grant Year. Each Item must be provided by the date specified in column 3 of the table (‘Due Date’).

1.6.65  Items reported elsewhere

In addition to the Items in paragraph 1.6.60, the department will take into account information otherwise provided to the Commonwealth by the HEP in the Items in column 1 below, which must have been prepared in accordance with the Specifications referred to column 2, as part of RTP grant amount calculations and in undertaking compliance and monitoring activities in relation to the RTP.