Bills Digest No. 24 2003-04
Australian National Training Authority Amendment
Bill 2003
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details
Passage History
Australian
National Training Authority Amendment Bill 2003
Date Introduced:
14 August 2003
House:
House of Representatives
Portfolio:
Education, Science and Training
Commencement:
Formal provisions commence on Royal Assent, Schedule 1 by Proclamation
and Schedule 2 on 1 January
2004
This Bill would amend the Australian National Training
Authority Act 1992 to
- increase from five to seven the numbers of members of the Australian
National Training Authority (ANTA) (i.e. other than
the Chairperson and Deputy Chairperson), and
- no
longer require that new ANTA agreements be incorporated in a schedule
to the Act.
The creation of the Australian National Training
Authority (ANTA) in 1992 marked the beginning of a new era in Commonwealth,
State and Territory collaboration in vocational education and training.(1)
Commonwealth funding to support State and Territory administered vocational
education and training, which is appropriated under the Vocational
Education and Training Funding Act 1992, is distributed by ANTA. The
quantum of funds available for distribution is determined by agreement
between the Commonwealth and the States and Territories. The ANTA Agreement
which usually spans a period of three years, addresses the funding responsibilities
of the parties and their policy directions and priorities. Since 1992
there have been 3 ANTA agreements and a fourth is currently being negotiated.(2)
The Minister, in his second reading speech, has
said that the proposal to increase the size of the ANTA Board emerged
from Ministerial Council(3) and reflects the Council’s view
that it will increase the capacity of the Board to provide high quality
advice. The filling of the proposed new positions will be the responsibility
of the Ministerial Council. The ANTA web site provides the following description
and details of the ANTA Board and its members:
The ANTA Board is industry-led. Members are nominated
by the ANTA Ministerial Council and appointed by the Governor General.
The Board is chaired by Stuart
Hornery, AO, former chairman, Lend Lease Corporation
Ltd. Other members are:
- Stella
Axarlis, AM,
Deputy Chair ANTA Board; Chair, Peninsula
Health Service;
- Vince
O'Rourke, AM,
former chief executive officer of Queensland Rail;
- Leonie
Clyne, managing
director and owner of Angus Clyne Australia Pty Ltd;
- Dr
Evelyn Scott, AO,
chairwoman of the Aboriginal and Torres Strait Islander Corporation
for Women;
- David
Hind, BOC's managing
director, process gas solutions, South Pacific;
- Julius
Roe, national
president of the Australian Manufacturing Workers’ Union.
Ex-officio Member
- John
Smyth,
chief executive officer of the Institute
of TAFE Tasmania.
The Australian National Training Authority Act
1992 currently requires that the legislation be amended to incorporate
any newly negotiated ANTA Agreement into Schedule 1 of the Act. The amendments
in this Bill would no longer require that the
Act be amended to give effect to the ANTA Agreement, thereby changing
the nature of parliamentary consideration of the details of any new ANTA
agreement. The Minister has said in his second reading speech that when
the agreement for 2004 to 2006, which is currently being negotiated, is
signed by all parties, he will make it public by tabling it in Parliament.
This proposed process of tabling the new agreement, is however not prescribed
in the proposed amendments and so may only be taken to apply to the next
agreement.
Although each new ANTA Agreement details the Commonwealth’s
commitment of grants to the States and Territories for vocational education
and training for the duration of the agreement, the Commonwealth appropriations
which give effect to this commitment are actually made under a different
Act, the Vocational Education and Training Funding Act 1992. Any
new funding arrangements will therefore be considered by the Parliament
in the context of amendments to this Act. In addition, the terms of recent
ANTA Agreements have involved the Commonwealth in maintaining its level
of base funding, therefore requiring annual amendments to this Act for
indexation purposes.
Schedule 1 relates to the membership of ANTA.
The effect of item 1 of schedule 1 is to increase the number
of members of the Authority, other than the Chairperson or Deputy Chairperson,
from 5 to 7. Items 2-4 amend the operational requirements as a
consequence of this increase in membership, by increasing the number of
allowable membership vacancies and of members required for quorums and
the carrying of resolutions.
Schedule 2 relates to the ANTA Agreement. Item
1 substitutes a new definition so that new ANTA agreements will no
longer have to be incorporated as a schedule in the Act and item 2
repeals Schedule 1 where the text of each new ANTA agreement has previously
been incorporated. Items 4 and 5 are consequential amendments to
affected subsections of the Vocational Education and Training Funding
Act 1992.
- For a more detailed account of this see Bills Digest,
no. 35, 1998–99.
- For an account of the terms of the various ANTA agreements
and negotiations for a new one see
Bills Digest,
no. 22, 2003–04.
- The Australian National Training Authority (ANTA)
Ministerial Council is comprised of Commonwealth, State and Territory
Ministers with responsibility for vocational education and training.
Carol Kempner
22 August 2003
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 2003
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