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FRLI ID:
F2012L02582
Portfolio:
Tertiary Education, Skills, Science and Research
Summary of committee view
2.1
The committee seeks clarification in relation to the possible impact
that the imposition of charges on registered training organisations may have on
fair trial and fair hearing rights.
Overview
2.2
This instrument sets out the formula that will enable the Australian
Skills Quality Authority (ASQA) to charge registered training organisations
(RTOs) for compliance audits and the investigation of substantiated complaints
conducted by ASQA.
Compatibility with human rights
2.3
The statement of compatibility acknowledges that the instrument engages
the right to education contained in article 13 of the International Covenant on
Economic, Social and Cultural Rights (ICESCR). It states that 'charging for
substantiated complaints will provide additional encouragement for RTOs to
comply with the requirements of the National Vocational Education and
Training Regulator Act 2011'. It is also suggested that 'this will assist
ASQA to undertake its regulatory functions in the vocational education and
training (VET) sector, ensuring improved quality and greater integrity in the
VET system and will therefore protect students' rights to education'. The
statement of compatibility concludes:
To the extent that the right to education is engaged, it is
reasonable, necessary and proportionate for the Instrument to set a formula
that should act as a deterrent to the poor quality provision of vocational
training.
2.4
The imposition of charges as provided for in the instrument,
particularly where they are intended to have a deterrent effect, may constitute
the imposition of a penalty. As such, the instrument may engage the
fair trial and fair hearing rights contained in article 14 of the International
Covenant on Civil and Political Rights (ICCPR).
2.5
The committee seeks clarification from the Minister for Tertiary
Education, Skills, Science and Research in relation to the possible impact that
the imposition of charges on RTOs may have on fair trial and fair hearing
rights. In particular, the committee seeks information about:
- whether imposing a charge on a RTO for the conduct of a
compliance audit or the investigation of a substantiated complaint is
discretionary;
- if it is discretionary, what processes or guidelines will be
utilised to determine how that discretion will be exercised; and
- any review processes that may be available to RTOs that have
been charged for a compliance audit or the investigation of a substantiated
complaint.
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