Document ID: chunk:federal_register_of_legislation:F2025C00123:reg:41
Version: federal_register_of_legislation:F2025C00123
Segment Type: reg
Provision Reference: reg 41
Character Range: 44770–47573

41  Conditions that apply to grants
 (1) For the purposes of section 41-25 of the Act, conditions that apply to grants under the Disability Support Fund are set out in this section.
 (2) Grant amounts under this program may only be spent:
 (a) on activities aimed at attracting and supporting students with disability to participate in higher education;
 (b) on educational support and equipment for students with disability;
 (c) for the purpose of making modifications to course content, teaching materials and delivery methods to better meet the needs of students with disability; and
 (d) to train staff to support students with disability.
 (3) For the purposes of paragraph (2)(b), educational support and equipment for students with disability involves, at a minimum:
 (a) obtaining evidence of students' disability and support needs;
 (b) undertaking a needs assessment of students' need for a reasonable adjustment in accordance with the Disability Standards for Education 2005; and
 (c) ensuring any educational support service or equipment provided or adjusted using grant funds reasonably meets students' needs for successfully engaging in a course of study or program.
 (4) Providers must maintain an evidence and assessment process in relation to their use of grant funds, by keeping records (for the preceding 7 year period) of the medical, specialist or other advice obtained in verifying disability and support needs.
 (5) Providers must publish a disability needs assessment procedure on the provider's website in a format that is readily available and accessible.
 (6) To avoid doubt, the reference in subsection (2) to grant amounts only being able to be spent on purposes listed in that provision means that grant amounts under this program may not be spent on:
 (a) construction and maintenance of infrastructure (including buildings, fixtures, roads and pathways);
 (b) staff salaries and other costs relating to the ongoing operation of general disability support services and facilities that are integral to the provision of education for all students;
 (c) provision of personal care for students with disability (such as care to assist with daily activities such as eating, dressing, grooming and commuting, or assistance with medication or treatment); and
 (d) any support service, equipment, or transport that is or may be reasonably available to the student under the National Disability Insurance Scheme.
 (7) A provider must report to the Department annually on the progress and outcomes of the funded activities as mentioned in subsection (2) in a format acceptable to the Department.
Note 1: Part 2-5 of the Act deals with circumstances in which grants may be required to be reduced or repaid.

Division 2—Australian Disability Clearinghouse on Education and Training