13.1. The Australian Government will make sure that the grant opportunity process is fair, according to the published grant guidelines, incorporates appropriate safeguards against fraud, unlawful activities and other inappropriate conduct and is consistent with the CGRGs and the ARC Act.
Appeals process
13.2. The appeals process is designed to ensure that an application has been treated fairly and consistently in the context of selection processes.
13.3. We will only consider appeals against the administrative process and not against committee decisions, assessor ratings and comments, or the assessment outcome. Appellants must identify the specific clause(s) of the grant guidelines, policy or procedure which they believe has been incorrectly applied.
13.4. You must submit an appeal using the ARC Appeals Form on the ARC website and have it authorised by a Deputy Vice-Chancellor (Research) or equivalent. Appeals must be received within 28 days of the date You receive notification of the outcome of Your application. We will not accept appeals later than 5.00pm (AEDT/AEST) on the appeals submission due date.
13.5. Appeals must be submitted to Us electronically to ARC-NCGP@arc.gov.au.
13.6. If You do not agree with the way We have handled Your appeal, You may complain to the Commonwealth Ombudsman. The Ombudsman will not usually look into a complaint unless the matter has first been raised directly with Us. The Commonwealth Ombudsman can be contacted on:
13.7. Applicants may at any time seek to appeal Our decisions using available external appeal options. The Administrative Appeals Tribunal does not have general power to review Our decisions.
Conflict of interest
13.8. Our purpose is to support the highest quality research and as such Our conflict of interest policy is designed to ensure that all material personal interests are disclosed. As a result, conflicts of interest are identified and managed in a rigorous and transparent way to ensure the integrity, legitimacy, impartiality and fairness of Our processes. Management of Conflicts of Interest in this way is designed to maintain public confidence in Our business processes.
13.9. Any conflicts of interest could affect conduct of the selection processes and/or the performance of the grant. There may be a conflict of interest, or perceived conflict of interest, if the relevant ARC staff, an assessor, member of a committee or advisor and/or You or any of Your personnel:
has a professional, commercial or personal relationship with a party who is able to influence the application selection process, such as an Australian Government officer or SAC member;
b. has a relationship with, or interest in, an organisation, which is likely to interfere with or restrict the applicants from carrying out the proposed activities fairly and independently; or
c. has a relationship with, or interest in, an organisation from which they will receive personal gain because the organisation receives a grant under the NCGP.
13.10. You will be asked to certify, as part of Your application, any perceived or existing conflicts of interests or that, to the best of Your knowledge, there is no conflict of interest. Each individual or organisation named in an application must declare any conflict of interest that exists or is likely to arise in relation to any aspect of the application or project to You at the date of submission.
13.11. If a Conflict of Interest exists or arises, You must have documented processes in place for managing the Conflict of Interest for the duration of the project. Such processes must comply with the Australian Code for the Responsible Conduct of Research (2018), the ARC Conflict of Interest and Confidentiality Policy and any relevant successor documents.
13.12. If You later identify that there is an actual, apparent, or potential Conflict of Interest or that one might arise in relation to an application, You must inform Us in writing immediately.
13.13. We will handle any Conflicts of Interest as set out in Australian Government policies and procedures. Conflicts of interest for Australian Government staff will be managed as set out in the Australian Public Service Code of Conduct (Section 13(7)) of the Public Service Act 1999. Committee members and other officials must also declare any conflicts of interest.
13.14. We publish Our Conflict of Interest Policy on the ARC website.
Privacy and protection of personal information
13.15. We treat your personal information according to the 13 Australian Privacy Principles and the Privacy Act 1988. This includes letting You know:
what personal information We collect;
b. why We collect your personal information; and
c. who We give your personal information to.
13.16. You are required, as part of Your application, to certify Your compliance with the Privacy Act 1988, including the Australian Privacy Principles and impose the same privacy obligations on any subcontractors You engage to assist with the activity. You must ask for the Australian Government’s consent in writing before disclosing confidential information.
13.17. Your personal information can only be disclosed to someone else if:
You are given reasonable notice of the disclosure;
b. where disclosure is authorised or required by law or is reasonably necessary for the enforcement of the criminal law;
c. if it will prevent or lessen a serious and imminent threat to a person’s life or health; or
d. if You have consented to the disclosure.
Confidential Information
13.18. The Australian Government may use and disclose confidential information about grant applicants and grant recipients under the NCGP to any other Australian Government business or function. This includes giving information to the Australian Taxation Office for compliance purposes.
13.19. We may reveal confidential information to:
assessors, the SAC and other Commonwealth employees and contractors to help Us manage the program effectively and in accordance with any other provision of these grant guidelines or subsequent grant agreement;
b. the Minister and their staff;
c. employees and contractors of Our entity so We can research, assess, monitor and analyse Our programs and activities;
d. employees and contractors of other Commonwealth agencies for any purposes, including government administration, research or service delivery;
e. other funding bodies for the purpose of obtaining funding from that body;
f. other Commonwealth, State, Territory or local government agencies in program reports and consultations;
g. the Auditor-General, Ombudsman or Privacy Commissioner; and
h. a House or a Committee of the Australian Parliament.
13.20. We will treat the information You give Us as confidential if it meets one of the four conditions below:
You clearly identify the information as confidential and explain why We should treat it as confidential;
b. the information is commercial in confidence;
c. revealing the information would cause unreasonable harm to You or someone else; or
d. You provide the information with an understanding that it will stay confidential.
13.21. The grant agreement will include any specific requirements about special categories of information collected, created or held under the grant agreement.
Freedom of information
13.22. All documents in the possession of the Australian Government, including those about the Discovery Program, are subject to the Freedom of Information Act 1982 (FOI Act).
13.23. The purpose of the FOI Act is to give members of the public rights of access to information held by the Australian Government and its entities. Under the FOI Act, members of the public can seek access to documents held by the Australian Government. This right of access is limited only by the exceptions and exemptions necessary to protect essential public interests and private and business affairs of persons in respect of whom the information relates.
13.24. All Freedom of Information requests must be referred to the Freedom of Information Coordinator in writing.