Bills Digest No. 19 2005–06
Higher Education Legislation Amendment
(2005 Measures No.3)
Bill 2005
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
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Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details
Passage History
Higher
Education Legislation Amendment (2005 Measures No.3) Bill
2005
Date
Introduced: 23 June
2005
House: Senate
Portfolio: Education, Science and
Training
Commencement:
See Column 2 of the table
in s.2 of the Bill for the commencement of individual
provisions.
To amend the Higher Education
Support Act 2003 (the HESA) to improve the accountability
arrangements for certain higher education providers and to make a
number of technical and other non-controversial changes.
The Commonwealth Government funds higher education through the
provisions of the Higher Education Funding Act 1988 (the
HEFA) and the Higher Education Support Act 2003 (the
HESA). The latter Act superseded the former and implemented the
Government s higher education reforms announced in the policy
statement Our Universities: Backing Australia s
Future that was part of the 2003-04 Budget.(1)
Division 16 of Part 2-1 of the HESA defines higher
education providers and establishes a procedure whereby the
Minister may approve a body corporate as a higher education
provider. There are two listed types of providers: those in Table A
(s. 16-15) and those listed in Table B (s.16-20). Table A comprises
the public universities and two specialist
institutions.(2) Table A providers can receive grants
through the Commonwealth Grant Scheme as provided for by Part 2-2.
Table B providers and other providers approved by the Minister can
only receive such grants if they relate to national priorities
(s.30-1). National priorities are defined as those specified in the
Commonwealth Grant Scheme Guidelines (s.30-20). However, Table B
providers are also eligible for grants to support research and the
training of research students (ss. 41-10). There are currently only
three Table B providers: Bond University, the University of
Notre Dame and the Melbourne College of Divinity.(3)
Division 19 of Part 2-1 sets out the quality and accountability
requirements for higher education providers. The Bill will insert a
provision (proposed s.19-80) that will enable the Minister to
require providers (other than Table A providers) to be audited as
to their compliance with the requirements contained in
sub-divisions 19B, 19D, 19E and 19F. These requirements relate to
financial viability, fairness in dealing with students, compliance
with the Act, and the charging of student contribution amounts and
tuition fees.
Presumably, Table A providers have been excluded from this
provision because they are statutory bodies which already have
extensive reporting and auditing requirements. In addition, Table A
basically comprises those institutions which agreed to be come part
of the Unified National System in 1989 and which accepted the
Commonwealth Government s role in monitoring the sector. Since then
they have been providing the Commonwealth with extensive
statistical and other information to ensure that Commonwealth
policies are administered appropriately. It would be difficult to
justify the imposition of another auditing requirement upon the
public universities when they have a long history of compliance and
accountability with Commonwealth procedures. The non Table A
institutions do not have this history and it is not unreasonable
for the Commonwealth Government to introduce this auditing
requirement to ensure accountability.
Schedule 4 inserts the auditing requirements for non-Table A
higher education providers.
Endnotes
- Details of the policy statement and implementation can be
obtained from the DEST site at http://www.backingaustraliasfuture.gov.au/
- These institutions are public in that they were established
under Commonwealth, State or Territory legislation and have been
predominantly funded by the Commonwealth since it assumed
responsibility for higher education in 1974. The Australian
Maritime College and the Batchelor Institute of Indigenous Tertiary
Education are the two specialist institutions.
- There is another Bill currently before Parliament to include
Melbourne University Private (MUP) in Table B - the Higher
Education Support Amendment (Melbourne University Private) Bill
2005. However, in June the University of Melbourne announced that
MUP would cease to be an independent operation and would be merged
with the university.
Kim Jackson
9 August 2005
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 2005
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Published by the Parliamentary Library, 2005.
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