Commonwealth of Australia     Higher Education Support Act 2003     OTHER GRANTS GUIDELINES       Making of Guidelines pursuant to section 238-10 of the Higher Education Support Act 2003       I, BRENDAN NELSON, Minister for Education, Science and Training, pursuant to section 238-10 of the Higher Education Support Act 2003, make the attached amendments to the Other Grants Guidelines for the purposes of Part 2-3 of the Act.                 Dated this........................3rd.....................day of.................September..............2005.             _________________________________________ BRENDAN NELSON Minister for Education, Science and Training                                                                      
Amendments to Other Grants Guidelines                                                                     COMMONWEALTH OF AUSTRALIA   Higher Education Support Act 2003   GUIDELINES FOR OTHER GRANTS   Amendment Number 3         (i)      CITATION   These guidelines may be cited as Amendment Number 3 to the Other Grants Guidelines.    (ii)    AUTHORITY   These guidelines are made under section 238-10 of the Higher Education Support Act 2003.    (iii)   DATE OF EFFECT   These guidelines shall come into effect on the date they are registered on the Federal Register of Legislative Instruments. 
    PURPOSE   ·         The purpose of these guidelines is to amend the Other Grants Guidelines made on 13 August 2004.   ·         The Other Grants Guidelines are amended as follows:     Item 1   Insert Chapter 3, “Grants to enhance learning and teaching in higher education” by inserting the following text:   CHAPTER 3               GRANTS TO ENHANCE LEARNING AND TEACHING IN HIGHER EDUCATION   3.1     Purpose   3.1.1    The purpose of this chapter is to establish the Learning and Teaching Performance Fund as a program for the purposes of subsection 41-15(1) of the Act and to specify the matters listed in subsection 41-15(2) of the Act.   3.5     Program Objectives   3.5.1    The objective of the Learning and Teaching Performance Fund is to reward those higher
education providers that best demonstrate excellence in learning and teaching.   3.10   Eligibility   3.10.1 The higher education providers specified in item 3 of section 41-10 of the Act are eligible for
funding under the Learning and Teaching Performance Fund.   3.15   Amount spent on the Program in a particular year   3.15.1 Funding for the Learning and Teaching Performance Fund is provided under Part 2-3 of the
Higher Education Support Act 2003.  Subject to parliamentary disallowance under Section 41-
50 of the Act, the level of funding provided is $54.4 million in 2006, $81.7 million in 2007 and
$109.0 million in 2008.  The allocations for 2007 and 2008 will be indexed in accordance with
Part 5-6 of the Act, as in force from time to time.    3.20   Allocation Process   3.20.1  During 2005, 2006 and 2007, respectively, providers will be notified of the process to be
applied for working out the distribution of the Fund in the following year established on an
annual basis.   3.25   Payment to Higher Education Providers   3.25.1  In accordance with section 164-5 of the Act, amounts will be paid in such as way as the
Minister determines, and at such times as the Secretary determines.
  Item 2   Amend Chapter 5 “Grants to support the capital development projects of higher education providers” by
inserting the following text:   CHAPTER 5       GRANTS TO SUPPORT THE CAPITAL DEVELOPMENT
PROJECTS OF HIGHER EDUCATION PROVIDERS   5.1       Purpose The purpose of these guidelines is to specify the Capital Development Pool (CDP) program as a program for
the purposes of Part 2-3 of the Act.    5.5     Program Objectives
Grants under the CDP program are to support capital development projects of eligible higher education providers, as specified in item 5 of the table in section 41-10(1) of the Act. The focus of the programme is to encourage:
(i)      development of, or on, new campuses in suburban growth corridors and regional centres.  Priority will
be given to projects which support greater collaboration: -              between higher education providers; -              between higher education providers and vocational education and training providers; -              between higher education providers, other organisations and the private sector;      
(ii)      capital developments that:
-                            assist higher education providers to establish or expand provision of courses identified by
the government as discipline areas of national importance;         (iii) information and communications technology infrastructure projects which improve the cost-
effectiveness and quality of educational delivery, for example: -              by improving the efficiency of the higher education provider’s infrastructure, or -               by providing access to education and research networks;   (iv)       the rebuilding or restoration of campus facilities in circumstances which are, in  the view of  the
Minister special and extraordinary; and   (v)        capital developments which the Minister considers are priorities for particular higher education
providers.   5.10   Indexation   Grant amounts determined by the Minister under paragraph 41-30(b) of the Act shall be indexed on
1 January in each of the years 2006, 2007 and 2008, using the method set out in Part 5-6 of the Act.             Item 3   Amend Chapter 6 entitled “Grants to assist with the cost of higher education providers’ superannuation
liabilities” by deleting the existing text and inserting the following text:  
CHAPTER 6     GRANTS TO ASSIST WITH THE COST OF HIGHER EDUCATION PROVIDERS’ SUPERANNUATION LIABILITIES
  6.1.1           The purpose of these guidelines is to establish the Higher Education Superannuation Program as a program for the purposes of subsection 41-15(1) of the Higher
Education Support Act 2003 (‘the Act’) and to specify the matters listed in subsection
41-15(2) of the Act.   6.5.1           The objective of the Higher Education Superannuation Program is to provide Commonwealth assistance to Table A providers to meet certain superannuation
expenses associated with programs funded under the Act.   The Higher Education Superannuation Program is a program for the purposes of subsection 41-15(1) of the
Act.  The Commonwealth meets expenses incurred by Table A Providers that have
staff who are members in relevant emerging cost superannuation schemes.    6.10.1         Table A providers are eligible for supplementary funding in respect of their
superannuation expenditure.   6.10.5                  To receive a grant for superannuation liabilities under the Higher Education
Superannuation Program, Table A providers must have staff who are members of the following emerging cost schemes:   ·         New South Wales State Superannuation Fund ·         New South Wales State Authorities Superannuation Scheme ·         New South Wales State Public Service Superannuation Fund ·         Victorian State Superannuation Fund – Revised Scheme ·         Victorian State Superannuation Fund – New Scheme ·         Western Australian Government Employees Superannuation Scheme ·         South Australian Superannuation Fund ·         Tasmanian Retirement Benefits Fund ·         Catholic Superannuation Fund ·         Commonwealth Superannuation Scheme ·         Public Sector Superannuation Scheme  
6.15   Amount spent on the Program in a particular year
  6.15.1    The level of funding provided is determined by the actual unfunded superannuation
expenses incurred by Table A providers, and is provided on a calendar year basis.   6.15.5    The total amount allocated for the Higher Education Superannuation Program shall not exceed:   (a)   In 2005, $124,340,000   6.20   Indexation   6.20.1         The amounts specified in paragraph 6.15.5 shall be increased in accordance with Division 198 of Part 5-6 of the Act, as in force from time to time.   6.25   Method by which grants are determined   6.25.1         Eligible providers are invited to submit annual claims for supplementation of their superannuation expenses.  The data submitted are assessed to determine the level of Commonwealth assistance to be provided.    6.25.5         Claim forms provide details of actual expenditure on salaries of staff in relevant
schemes and expenditure on superannuation in respect of those employees for the previous year.  They also provide an estimate of the current year’s salaries and expenditure.    6.25.10       Supplementation is payable to cover costs incurred in respect of eligible schemes
which exceed 14 per cent of the total salaries paid to members of those schemes.  Payments are calculated on the basis of estimated expenditure for the current year, adjusted for any difference between actual and estimated data for the previous year.  Where estimates of expenditure have been unreliable, payments may instead be
made on the basis of actual data for the previous year.  Where expenditure has not
reached 14 per cent of salaries, a negative entitlement will be calculated and no supplementary payment will be made.  This negative entitlement is carried over and
an adjustment will be made to the following year’s entitlement.   6.25.15       Returns received by the due date of 31 March are normally processed in May. 
Details of funding, including payment amounts, are provided to institutions by letter as
soon as the returns have been processed.  Late returns are processed and paid as
soon as practicable.    6.25.20       Part of the cost of superannuation for which supplementation is payable may be
attributable to service by staff during the period when the States were responsible for funding higher education.  The Commonwealth therefore recovers from those States
their share of the costs for staff members of State emerging cost schemes.  As the Superannuation Guarantee and the 3% productivity benefit came into effect after the Commonwealth had assumed full responsibility for funding higher education, no
amounts are recovered from the States in respect of these costs.  The amount to be recovered from the States is calculated by the Commonwealth on the basis of cost
shares determined by actuarial assessment and information provided by State
authorities or by institutions if the State does not provide information.    6.30   Grants in respect of a year or a project   6.30.1         Grants under the Higher Education Superannuation Program are in respect of a year.   6.35   Conditions that apply to grants   6.35.1         Claim forms are required to be certified as current by the Vice-Chancellor or Principal
of the higher education provider.   6.40   Freedom of Information   6.40.1         All documents created or held by the Department with regard to the Higher Education Superannuation Program 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.   6.40.5         All FOI requests are to be referred to the Principal Government Lawyer, Litigation and External Review Section, Procurement, Assurance and Legal Group, in the
Department’s National Office.  Decisions regarding requests for access will be made
by the authorised FOI decision-maker in accordance with the requirements of the FOI
Act. 6.45   Privacy   6.45.1         The Department is bound, in administering the Higher Education Superannuation
Program, by the Provisions of the Privacy Act 1988.  Section 14 of the Privacy Act
contains the Information Privacy Principles which prescribe the rules for handling
personal information.   6.45.2         In the case of the Higher Education Superannuation Program, the only personal
information collected by the Department is the name, work telephone and fax
numbers, and work e-mail address of the contact officer of the higher education
provider.