HIGHER EDUCATION SUPPORT ACT 2003

GRANTS MADE UNDER PART 2-3, ITEM7OF THE TABLE IN SUBSECTION 41-10(1) OF THE HIGHER EDUCATION SUPPORT ACT 2003 (the “Act”) TO SUPPORT RESEARCHBY, AND THE RESEARCH CAPABILITY OF, HIGHER EDUCATION PROVIDERS

JOINT RESEARCH ENGAGEMENT

ANNEXURE TO

APPROVAL OF A GRANT TO AN ELIGIBLE HIGHER EDUCATION PROVIDER UNDER SECTION 41-20

DETERMINATION OF THE AMOUNT OF A GRANT UNDER PARAGRAPH 41-30(b);

AND

DETERMINATION UNDER SUBPARAGRAPH 41-25(b)(i) OF CONDITIONS ON WHICH A GRANT IS MADE

PART A OF ANNEXURE: DETAILS OF GRANTS

PART B OF ANNEXURE: CONDITIONS OF GRANTS

December2014

This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process without the written permission of the Commonwealth of Australia acting through the Department of Education.

JRE Conditions of Grant

PART A OF ANNEXURE

DETAILS OF GRANT

1.TheRecipient

1.1The Recipientsare eligible Australian higher education providers (“HEP”), as specified in section 16-15 Table A providers or section 16-20 Table B providers of the Higher Education Support Act 2003 (the “Act”).

2.Year

2.1The Year in respect of which the Grants are made is 2015.

2.2The Grants are made under the program known as the Joint Research Engagement (“JRE”) scheme as specified in chapter 1 of the Other Grants Guidelines (Research) 2012(made under section 238-10 of the Act).

3.Grant Amounts

3.1The JRE Grant Amounts for the HEPs consist of up to two components for each HEP; JRE Grant – Base and JRE Grant – Engineering Cadetships amount.

3.2The JRE Grant Amounts for JRE Grant – Base and JRE Grant – Engineering Cadetships are specified in the following tablein which the HEPs name appears:

New South Wales

2015 Research Block Grants / JRE Grant Base amounts / JRE Grant – Engineering Cadetships amounts
Charles Sturt University / $1,683,726 / Not participating
Macquarie University / $5,758,768 / $92,582
Southern Cross University / $1,767,083 / $28,864
The University of Sydney / $32,050,924 / $509,746
University of New England / $3,371,829 / $16,338
University of New South Wales / $32,380,900 / $523,361
University of Newcastle / $8,696,963 / $139,962
University of Technology, Sydney / $5,680,334 / Not participating
University of Western Sydney / $3,674,363 / $55,549
University of Wollongong / $6,430,517 / $102,929

Victoria

2015 Research Block Grants / JRE Grant Base amounts / JRE Grant – Engineering Cadetships amounts
Deakin University / $5,168,616 / Not participating
Federation University Australia / $884,565 / $5,446
La Trobe University / $7,090,559 / $87,953
MCD University of Divinity / $446,240 / Not participating
Monash University / $28,072,059 / $445,211
Royal Melbourne Institute of Technology / $7,578,476 / $113,277
Swinburne University of Technology / $3,157,525 / $47,380
The University of Melbourne / $33,090,853 / $535,069
Victoria University / $2,792,191 / $42,479

Queensland

2015 Research Block Grants / JRE Grant Base amounts / JRE Grant – Engineering Cadetships amounts
Bond University / $720,904 / $18,516
Central Queensland University / $1,600,699 / $23,962
Griffith University / $8,535,155 / Not participating
James Cook University / $4,329,718 / $65,897
Queensland University of Technology / $10,857,691 / Not participating
The University of Queensland / $30,311,056 / $489,868
University of Southern Queensland / $1,531,164 / Not participating
University of the Sunshine Coast / $998,092 / Not participating

Western Australia

2015 Research Block Grants / JRE Grant Base amounts / JRE Grant – Engineering Cadetships amounts
Curtin University of Technology / $9,402,617 / $154,394
Edith Cowan University / $2,747,078 / $16,338
Murdoch University / $5,091,378 / Not participating
The University of Notre Dame Australia / $424,933 / $18,516
The University of Western Australia / $17,934,558 / $286,187

South Australia

2015 Research Block Grants / JRE Grant Base amounts / JRE Grant – Engineering Cadetships amounts
The Flinders University of South Australia / $6,715,408 / Not participating
The University of Adelaide / $15,966,922 / $252,422
University of South Australia / $7,855,495 / $121,446

Tasmania

2015 Research Block Grants / JRE Grant Base amounts / JRE Grant – Engineering Cadetships amounts
University of Tasmania / $9,221,400 / $145,408

Northern Territory

2015 Research Block Grants / JRE Grant Base amounts / JRE Grant – Engineering Cadetships amounts
Batchelor Institute of Indigenous Tertiary Education / $138,807 / Not participating
Charles Darwin University / $3,264,560 / $51,465

Australian Capital Territory

2015 Research Block Grants / JRE Grant Base amounts / JRE Grant – Engineering Cadetships amounts
The Australian National University / $21,376,430 / Not participating
University of Canberra / $2,448,524 / Not participating

Other

2015 Research Block Grants / JRE Grant Base amounts / JRE Grant – Engineering Cadetships amounts
Australian Catholic University / $1,554,000 / Not participating

3.3The amount of the Grant does not include Goods and Services Tax (“GST”). Should GST be applicable we may vary the amount of the Grant to take into account the effect of the GST, without having to remake these Conditions of Grant.

4.Reporting

4.1The items specified in the table, below, are required in the form and by the dates specified in the table, and must be delivered to:

Director

Research Fundingand Data

Research Funding and Policy Branch

Department of Education

GPO Box 9880

Canberra ACT 2601

Details concerning the Higher Education Research Data Collection (“HERDC”) requirements may be found via the following URL:

Description / Form / Due Date
Acquittal of Australian Government financial assistance (JRE Base and Engineering Cadetships) / As specified by the Department 1 / 30 June2015
HERDC Research Income Return-Return 1 3 / Electronic Submission 2
HERDC Research Publications Return-Return 2 3 / Electronic Submission 2
HERDC Audit Certificate / Hard Copy
HERDC Vice-Chancellor’s Certification Statement / Hard Copy
JRE Grant – Engineering Cadetships Non-Financial Report / Electronic Submission2 / 30 June2015 (unless otherwise advised by the Department)

Notes:

  1. HEPs that are not required to submit acquittals in accordance with the Financial Statement Guidelines for Australian Higher Education Providers must submit this information to the Department in relation to JRE Base and JRE Engineering Cadetships Grant.
  2. To be made in accordance with details notified by the Department.
  3. This item is a “Report” for the purposes of Part B of this Annexure.

JRE Conditions of Grant

PART B OF ANNEXURE

CONDITIONS OF GRANT

MEANING OF WORDS

In this Part B of the Annexure:

“Act”the Higher Education Support Act 2003

“Annexure”means the annexure to the Minister’s determination referred to in section1.3, of which these Conditions of Grant comprise Part B

“Auditor-General”the office established under the Auditor-General Act 1997 and includes any other entity that may, from time to time, perform the functions of that office

“Australian Qualifications Framework” means the national policy for regulating qualifications in Australian education and training

“Business”means an entity that meets the requirements of section 355-35 of the Income Tax Assessment Act 1997 (Cth)

“Cadetship”means an academic program whereby a student enrolled in a Research Masters or Research Doctorate HDR at a HEP undertakes paid employment with a Business that requires the student to be involved in R&D Activities and this employment is recognised by the HEP

“Cadetship Supplementation Amount” means the funding amount assigned to each cadetship place by the process for determining JRE scheme grant amounts

“Commonwealth Material”means any Material provided to the HEP by the Commonwealth of Australia

“Conditions of Grant”means these conditions of grant as set out in Part B

“Department”means theDepartment ofEducation, also “Education”

“Grant”the grant referred to in Part A

“Grant Amount”in relation to any particular HEP, means the amount specified in item 3.1 of PartA of this Annexure in relation to that HEP

“Guidelines”means the Higher Education Support Act 2003 - Other Grants Guidelines (Research) 2012, made under section 238-10 of the Act, and as amended from time to time

“HDR”means a higher degree by research that is a Research Masters or Research Doctorate

“HEP”means an eligiblehigher education provider as specified in section 16-15 of the Act (TableA Providers) or section 16-20 of the Act (Table B Providers)

“Intellectual Property Rights” or “IPRs” means all intellectual property rights, including:

a)copyright, patents, trademarks (including goodwill in those marks), designs, trade secrets, know how, rights in circuit layouts, domain names and any right to have confidential information kept confidential

b)any application or right to apply for registration of any of the rights referred to in paragraph (a); and

c)all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist in Australia or elsewhere,

whether or not such rights are registered or capable of being registered

“JRE Grant”means the Grant made under the Joint Research Engagement scheme referred to in Part A of this Annexure-

“JRE Grant – Base Component”means the component of the JRE Grants that is not the JRE Grant – Engineering Cadetships

“JRE Grant – Engineering Cadetships Component” means the component of the JRE Grant described in the Attachment to this document

“Material”includes property, information, software, firmware, documented methodology or process, documentation or other material in whatever form, including any reports, specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions, and the subject matter of any category of Intellectual Property Rights

“Minister”the Commonwealth Minister for Education

“Moral Rights”means the right of integrity of authorship (that is, not to have a work subjected to derogatory treatment), the right of attribution of authorship of a work, and the right not to have authorship of a work falsely attributed, as defined in the Copyright Act 1968(Cth)

“Part A”Part A of this Annexure

“Personal information”has the same meaning as it does in the Privacy Act

“Pre-existing Material”means Material owned or created by a party independent of the research or work conducted under receipt of a Grant

“Privacy Act”the Privacy Act 1988 as amended from time to time

“Program”the program specified in item 2.2 of Part Aof this Annexure

“R&D Activities”has the same meaning as under Subdivision 355-B of the Income Tax Assessment Act 1997 (Cth)

“R&D Tax Incentive Scheme”is the Australian Government’s principal initiative to encourage business research and development (R&D). The R&D Tax Incentive provides eligible Businesses with a tax offset for expenditure on eligible R&D Activities pursuant to Division 355 of the Income Tax Assessment Act 1997(Cth) and Part III of the Industry Research and Development Act 1986 (Cth)

“Recipient”means the eligible higher education provider as specified in section 16-15 of the Act (TableA Providers) or section 16-20 of the Act (Table B Providers)

“Report”means the reports specified in item 4.1 of Part Aof this Annexure

“Research Doctorate”means a Level 10 qualification as described in the Australian Qualifications Framework and where a minimum of two years of the program of learning, and typically two-thirds of the qualification, is research

“Research Masters”means a Level 9 qualification as described in the Australian Qualifications Framework and where a minimum of two-thirds of the program of learning is for research, research training and independent study

“Secretary”the Secretary of the Department

“Third-party IPRs”the IPRs in any Third-party Material

“Third-party Material”any Material incorporated or supplied with the Report in which the IPRs are owned by a third party alone or jointly with any other party (including the Recipient)

“Year”means the year specified in item 2.1 of Part Aof this Annexure

JRE Conditions of Grant

  1. PREAMBLE
  2. Under Division 41 of the Act, the Commonwealth may make grants to the HEP referred to in item 1 of Part A of this Annexure.
  3. Under subparagraph 41-25(b)(i) of the Act, where the Other Grants Guidelines (Research) 2012(which are defined in section 41-5 of the Act) do not specify conditions that apply to a grant, the grant is made on such conditions as are determined in writing by the Minister (or the Minister’s delegate).
  4. The Minister (or the Minister’s delegate) has determined that these Conditions of Grant are the conditions on which the Grants are made to the HEP.
  5. The HEP acknowledges that:
  6. the Grant Amount is determined by the Minister (or the Minister’s delegate) using the methods described in the document entitled:“Process for Determining JREGrant Amounts”, a copy of which may be found at:

CONDITIONS OF GRANT

  1. THE GRANTS
  2. Each Grant is made in respect of the Year, and must be spent in accordance with the Conditions of Grant and the objectives of the Program under which it is made, as specified in the Guidelines.
  3. Payments will be made by instalments in the manner and at the times determined by the Minister and the Secretary (or their delegate), respectively, under subsections 164-5(1) and (2) of the Act.

Joint Research Engagement (JRE)

2.3The JRE Grant – Base is made to support the HEPs research and research training activities. The HEP has discretion in the way it spends its JRE Grant – Base. The JRE Grant – Base may be used to fund any activity related to research including support of soft infrastructure and maintenance of capital items.

2.4The JRE Grant – Engineering Cadetships Component is available to HEPs that have enrolled students in Research Doctorate and Research Masters studies and those students participate in a Cadetship with Businesses that requires the student to be involved in R&D Activities that are eligible for support under the R&D Tax Incentive Scheme. The JRE Grant - Engineering Cadetships Component will:

2.4.1open and highlight a pathway for research students to gain experience in industry specific research and development in the private sector;

2.4.2increase collaboration between the university sector and industry to strengthen research and development outcomes;

2.4.3add value to the student’s HDR experience and enhance the student’s career prospects; and

2.4.4leverage the government’s considerable investment in research training and research and development by ensuring better outcomes for students, employers and the Australian economy.

2.5The objectives and specific conditions regarding the JRE Grant - Engineering Cadetships Component are set out in the Attachment to these Conditions of Grant.

Rollover of Unspent Grant Amounts

2.6If the HEP fails to spend an amount of the Grant (the “Unspent Amount”), the Department will notify the HEP of any decision under Section 41-40 of the Act relating to Unspent Amounts.

2.7The HEP must not spend any of the Unspent Amount for any purpose without first receiving written notice from the Secretary (or a delegate of the Secretary) giving details of the Secretary’s determinations and specification referred to under Section 41-40.

2.8The HEP must:

2.8.1notify the Minister (or the Minister’s delegate) in writing of any event that may significantly affect the HEPs capacity to meet these Conditions of Grant; and

2.8.2provide the Minister (in the form required by the Minister and at such times specified by the Minister) with such other information that the Minister by notice in writing requires from the HEP in respect of the Grant or compliance by the HEP with these Conditions of Grant.

  1. REPORTING
  2. The HEP must provide the Department with the Reports and other information in accordance with the requirements specified in item 4.1 of Part A of this Annexure.
  3. If requested in writing by the Commonwealth, the HEP will provide theCommonwealth with access to review Material at the HEPs premises.
  4. Reports must be in the form of the approved templates available from the ‘Research Block Grants' website page:

3.4The HEP can include additional information on the project in Reports at the HEPs discretion.

  1. DISSEMINATION
  2. The Commonwealth reserves the right to publicise the award of any Grant to the HEP and information about any aspect of these Conditions of Grant at any time, in such manner and to such parties as it sees fit.
  3. ACKNOWLEDGMENTS, PUBLICATIONS AND PUBLICITY
  4. The HEP must acknowledge the contribution made by the Commonwealth to all projects, having a value greater than $5million and funded from the JRE Grant, in all related promotional material. In particular, the HEP should ensure that:
  5. the acknowledgment is prominently recorded and commensurate with that given to state or local government, corporate or other sponsors;
  6. any formal statement issued in relation to any aspect of the project, including speeches, media releases, brochures, should make reference to the Commonwealth contribution;
  7. any signs and plaques erected in association with a project must acknowledge the Commonwealth’s assistance; and
  8. where an official opening or launch is proposed for a project the Commonwealth Minister is to be invited to attend or to send a representative.
  9. DISCLOSURE OF INFORMATION
  10. The Departmentgives no undertaking to keep confidential the Conditions of Grant or any information contained in the Reports.
  11. INDEMNITY
  12. The HEP must indemnify the Commonwealth against any:
  13. loss or liability incurred by the Commonwealth;
  14. loss of or damage to Commonwealth property; or
  15. loss or expense incurred by the Commonwealth in dealing with anyclaim against the Commonwealth, including legal costs and expenseson a solicitor/own client basis and the cost of time spent, resourcesused, or disbursements paid by the Commonwealth;

arising from:

7.1.4any act or omission by the HEP, or any of the HEPsemployees, agents, or subcontractors in connection with theseConditions of Grant, where there was fault on the part of the personwhose conduct gave rise to that liability, loss, damage, or expense;

7.1.5any breach by the HEP or any of the HEPs employees,agents, or subcontractors of obligations or warranties under theseConditions of Grant;

7.1.6any use or disclosure by the HEP, or its officers, employees,agents or subcontractors of personal information held or controlled inconnection with these Conditions of Grant; or

7.1.7the use by the Commonwealth of the Reports, including any claims bythird parties about the ownership or right to use Intellectual PropertyRights (including moral rights, as defined in the Copyright Act 1968) inthe Reports.

7.2The HEPs liability to indemnify the Commonwealth will be reduced proportionally to the extent that any fault on the part of the Commonwealth contributed to the relevant loss, damage, expense, or liability.

7.3The Commonwealth’s right to be indemnified is in addition to, and not exclusive of, any other right, power, or remedy provided by law, but the Commonwealth is not entitled to be compensated in excess of the amount of the relevant loss, damage, expense or liability.

7.4In this clause 7, “fault” means any negligent or unlawful act or omission or wilful misconduct.

  1. ACCESS TO PREMISES AND RECORDS
  2. The HEP must at all reasonable times give:
  3. the Auditor-General;
  4. the Privacy Commissioner (meaning the Office of the Privacy Commissioner, established under the Privacy Act, including any other entity that may, from time to time, perform the functions of that Office);
  5. the person occupying the position of BranchManager, Research Funding and Policy Branch in the Department of Education;
  6. or any person authorised in writing by the Secretary:

i.reasonable access to:

A.the HEPs employees;

B.premises occupied by the HEP;