This instrument is the Other Grants (Research) Amendment (National Industry PhD Program) Guidelines 2023.

This instrument commences the day after this instrument is registered.

This instrument is made under section 238-10 of the Higher Education Support Act 2003.

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Other Grants Guidelines (Research) 2017

1 Chapter 4 – National Industry PhD Program

Repeal the Chapter, substitute:

CHAPTER 4—NATIONAL INDUSTRY PHD PROGRAM

4.1 Program

The National Industry PhD Program (the Program) is specified for the purposes of supporting the training of research students, and supporting arrangements to increase industry-led study and postgraduate research, under items 8 and 11A of the table in subsection 41-10(1) of the Act.

4.5 Program objectives

The objectives of the Program are to:

(a) develop talented PhD Candidates into researchers who can work in both industry and academic settings;

(b) support high calibre industry professionals into industry researchers and leaders, with the potential to work in academic settings;

(d) strengthen collaboration between Australian companies and universities;

(e) support industry-focused PhD research projects that align with the priority areas as set by the Minister in the program guidelines;

(f) for the purpose of item 8 of the table in subsection 41-10(1) of the Act, support higher education providers to provide appropriate academic supervision of PhD Candidates to undertake a research project with an industry application; and

(g) for the purpose of item 11A of the table in subsection 41-10(1) of the Act, support bodies corporate that meet the requirements in subsection 4.10(1) (industry partners) to support employees to undertake PhD projects in partnership with a university.

4.10 Specified bodies corporate and extra conditions of eligibility

Specified bodies corporate

(1) Bodies corporate that meet all of the following criteria are specified for the purposes of item 11A in the table in subsection 41-10(1) of the Act, as an industry partner eligible to receive a grant for the purposes of paragraph 4.5(g):

(a) the body corporate undertakes R&D activities;

(b) the body corporate is partnered with a higher education provider eligible to receive a grant to support a PhD project for the Industry Researcher PhD stream; and

(i) will be eligible for a RTP Fees Offset for the duration of their PhD candidature in the Program;

(ii) has not previously completed a PhD program at the time the PhD Candidate applies to participate in the Program;

(iii) will enrol in the year that they are offered a position in the Program; and

(iv) will be in the first year of their PhD, or if they have already commenced another PhD program, they have received approval from their higher education provider to transfer across to the Program.

Extra conditions of eligibility

(2) Grants under the Program may only be provided to support PhD projects that are:

(a) co-designed by eligible higher education providers and industry (the Industry Linked PhD stream), or

(b) undertaken by industry professionals who are supported by an industry partner to undertake a PhD project in partnership with a university (the Industry Researcher PhD stream).

(3) Grants under the Program may only be provided to:

(a) higher education providers for the purposes of paragraph 4.5(f); or

(b) industry partners for the purposes of paragraph 4.5(g).

(4) Grants under the Program will only be provided to eligible higher education providers that:

(a) for the Industry Researcher PhD stream, are partnered with an industry partner who will receive a grant under the Program;

(b) for the Industry Linked PhD stream:

(i) have entered into an agreement with a business or organisation with an ABN or ACN that undertakes R&D activities, in relation to PhD Candidates associated with that business or organisation’s research project; and

(ii) the agreement in subparagraph (i) provides that the business or organisation will provide a yearly cash contribution; and

(iii) the yearly cash contribution in subparagraph (ii) must be at least $10,000 for four years for each full-time PhD Candidate, and at least $5,000 for up to eight years for each part-time PhD Candidate; and

(i) will be eligible for a RTP Fees Offset for the duration of their PhD candidature in the Program;

(ii) have not previously completed a PhD program at the time the PhD Candidate applies to participate in the Program;

(iii) will enrol in the year that they are offered a position in the Program;

(iv) will be in the first year of their PhD, or if they have already commenced another PhD program, they have received approval from their higher education provider to transfer across to the Program;

(v) for the Industry Linked PhD stream, the PhD Candidate will be eligible for a stipend equivalent to the amount of the RTP Stipend for the duration of their PhD candidature; and

(vi) for the Industry Researcher PhD stream, the PhD Candidate must be employed by an industry partner and supported to participate in the Program by that employer.

4.15 Method by which the amount of grants under the program are determined

Method for determining the amount of grants to higher education providers

(1) The grant for a participating higher education provider will be made up of:

(a) an administrative component to assist with meeting the higher education provider’s costs in administering the Program (administrative component); and

(b) a student stipend component to meet the higher education provider’s obligation to pay the student an additional amount for the Industry Linked PhD stream under subsection 4.25(1) (student component).

Administrative component

(2) Subject to subsection (3), the administrative component for a participating higher education provider will be:

(a) $10,350 a year for up to four years for each full-time PhD Candidate; and

(b) $5,175 a year for up to eight years for each part-time PhD Candidate.

(3) A participating higher education provider will not be eligible to receive more than $41,400 in administrative component payments for a single PhD Candidate for the duration of their PhD project.

Student component

(4) The student component for a participating higher education provider will be:

(a) $6,210 a year for up to four years for each full-time PhD Candidate in the Industry Linked PhD stream; and

(b) $3,105 a year for up to eight years for each part-time PhD Candidate in the Industry Linked PhD stream.

(5) A participating higher education provider will not be eligible to receive more than $24,840 in student component payments for a single PhD Candidate for the duration of their PhD project.

Method for determining the amount of grants to industry partners

(6) The grant for a participating industry partner will be:

(a) $41,400 a year for up to four years for each full-time PhD Candidate in the Industry Researcher PhD stream; and

(b) $20,700 a year for up to eight years for each part-time PhD Candidate in the Industry Researcher PhD stream.

(7) A participating industry partner will not be eligible to receive more than $165,600 for a single PhD Candidate for the duration of the PhD project.

4.20 Indexation

The amounts listed in section 4.15 are listed for the year 2023 and are to be indexed for subsequent years using the method of indexation set out in Part 5-6 of the Act.

4.25 Conditions that apply to grants

Conditions on grants to higher education providers

(1) Subject to subsection (3), the participating higher education provider must provide the student component of the grant to each PhD Candidate in the Industry Linked PhD stream.

(2) The participating higher education provider must not retain any amount of the student component of the grant.

(3) The participating higher education provider must not provide the student component of the grant to a PhD Candidate if:

(a) the PhD Candidate ceases to meet the requirements set out in paragraph 4.10(4)(c); or

(b) for the Industry Linked PhD stream, the business or organisation with which the higher education provider has an agreement no longer provides a cash contribution consistent with subparagraph 4.10(4)(b)(ii).

(4) If the participating higher education provider becomes aware that a body corporate no longer meets the criteria to be specified is an industry partner under subsection 4.10(1), the participating higher education provider must inform the department.

(5) The participating higher education provider must provide appropriate PhD research supervisors, access to the provider’s facilities and infrastructure, learning and development opportunities and support for the development of research skills to PhD Candidates in the Program to ensure the PhD Candidates are making appropriate progress and to ensure the successful completion of the PhD project.

(6) The participating higher education provider must only use the administrative component of the grant for administrative costs associated with the Program, and must not pass on the administrative component of the grant to the PhD Candidate.

Note: Examples of administrative costs that could be incurred by a participating higher education provider include (but are not limited to) salary costs for administrative support staff, providing a workspace for the PhD Candidate, or travel expenses of the PhD candidate.

Conditions on grants to industry partners

(7) The participating industry partner must agree to support the PhD Candidate for the full duration of the Program to undertake study and work concurrently, and must pay full salary and benefits to the PhD Candidate for the duration of the Program.

(8) The participating industry partner must agree to be responsible for all other relevant expenses incurred by their participation in the Program.

Note: Examples of expenses that could be incurred by a participating industry partner’s participation include (but are not limited to) costs associated with workplace accommodation, equipment or materials for the PhD Candidate.

(9) The participating industry partner must use only use the grant amount to support the provision of higher education to their employed PhD Candidate, including for one of the following purposes:

(a) to support PhD Candidates to complete their PhD project; and

(b) to support the participating industry partner with releasing PhD Candidates and other employees of the industry partner for periods of time for the purposes of assisting PhD Candidates to complete their PhD project.

(10) The participating industry partner must provide supervision for their employed PhD Candidate.

(11) The participating industry partner must provide appropriate access to appropriate facilities and infrastructure to support the PhD Candidate.

Conditions on higher education providers and industry partners in respect of PhD Candidates

(12) Participating higher education providers must ensure that PhD Candidates enrolled in the Industry Linked PhD stream must spend 20 to 50 per cent of the duration of their PhD Candidature undertaking work relevant to their PhD project in the facilities of the business or organisation referred to in paragraph 4.10(4)(b), unless an exception is approved by the department.

(13) Participating industry partners must ensure that PhD Candidates enrolled in the Industry Researcher PhD stream must spend 20 to 50 per cent of the duration of their PhD Candidature embedded in the participating higher education provider’s facilities, unless an exception is approved by the department.

Conditions in respect of the agreement between the higher education provider and the industry partner or relevant business or organisation

(14) The participating higher education provider and participating industry partner must enter into an agreement for each PhD project for the Industry Researcher PhD stream.

(15) The participating higher education provider must enter into an agreement with the relevant business or organisation referred to in paragraph 4.10(4)(b) for each PhD project in the Industry Linked PhD stream.

(16) The agreements referred to in subsections (14) and (15) must provide for how intellectual property rights created as part of the PhD project should be handled, and must allow the PhD Candidate to use and publish such intellectual property in their thesis or relevant publications.

Reporting

(17) The participating higher education provider and industry partner must collect data specified by the department for the purpose of program assurance and give that data to the department annually.

(18) The participating higher education provider and industry partner must, on request, provide a report on performance in the format requested by the department.

Privacy

(19) If the participating higher education provider or industry partner is not an ‘organisation’ for the purposes of the Privacy Act 1988, the participating higher education provider or industry partner must comply with the Australian Privacy Principles as set out in Schedule 1 of the Privacy Act 1988, as if it were an ‘organisation’ for the purposes of the Privacy Act 1988.