CHAPTER 1
Introduction and Overview
Reference
1.1
On 21 March 2013, the Senate referred the provisions of the Student
Identifiers Bill 2013 (the bill) to the Senate Education, Employment and
Workplace Relations Legislation Committee (the committee) for inquiry and
report by 18 June 2013.[1]
Conduct of inquiry
1.2
The committee advertised in the Australian on 27 March 2013,
calling for public submissions to the inquiry by 30 April 2013. Details of the
inquiry were also made available on the committee's website.[2]
1.3
The committee also contacted a number of organisations inviting
submissions to the inquiry. Submissions were received from 14 individuals and
organisations, as detailed in Appendix 1.
Background
1.4
At the direction of the Council of Australian Governments (COAG), in
2010 the Ministerial Council for Tertiary Education and Employment developed a
business case for a unique student identifier (USI). The USI was to be
developed for the vocational education and training (VET) sector.
1.5
Following the consideration of a preparatory business case, in February
2011 the COAG further directed the Ministerial Council for Tertiary Education
and Employment to develop a final business case for a VET USI that was nationally
coherent, could transfer for use across other education sectors, would separate
education and personal information and could accommodate similar existing
systems. The business case included a broad public consultation and an
examination of the legal, governance and privacy issues.
1.6
In April 2012 the COAG agreed to the introduction of a national scheme
enabling students to access their VET results centrally using a USI.
Purpose of the bill
1.7
The bill was introduced in the House of Representatives by the then Parliamentary
Secretary for Higher Education and Skills, the Hon. Sharon Bird MP,
on 20 March 2013. The intention of the bill is to establish the Student
Identifiers Agency (the agency) to coordinate VET data.
1.8
Through the establishment of the agency, the bill aims to:
- enable individuals to access a consolidated transcript of all
nationally recognised training undertaken after 1 January 2014;
- ensure that various registered training organisations (RTOs) can
easily confirm pre-requisite data for assessing further study by students; and
- allow policy makers and researchers to access anonymous enrolment
and results data to help understand enrolment patterns and pathways, evaluate
education for disadvantaged people and inform and support relevant government
subsidy programs.[3]
1.9
According to the Financial Impact Statement, the student identifier
scheme would cost $21.6 million over four years from 2012–13 to 2015–16. The agency
would be funded using an existing allocation to the National Training System
Commonwealth Own Purpose Expenditure program.[4]
Consideration by the human rights and scrutiny committees
1.10 The Senate Standing Committee for the Scrutiny of Bills
considered the bill and sought clarification and advice from the Minister for
Tertiary Education, Skills, Science and Research, the Hon. Craig Emerson MP, on
a number of clauses. These address the delegation of legislative power (Clause
21); merits review for refusing to provide a student access to their USI
(Clause 25); the delegation of legislative powers (Clause 53); and provisions
for the delegation of legislative power incorporating material by reference
(Clause 57).[5]
1.11 The Parliamentary Joint Committee on Human Rights has
also examined the bill and concluded that '...the bill promotes the rights to
education and to work and any limitations on those rights are reasonable.'[6]
However, that committee sought clarification from the Minister for Tertiary
Education, Skills, Science and Research on how provisions relating to the
collection, use and disclosure of USIs are consistent with the right to
privacy.[7]
The Committee also sought clarification of the circumstances in which
exemptions to the requirement for a USI are permitted under the bill.[8]
1.12 At the time of tabling the Minister's responses have
not been published. This Committee trusts that the issues identified will be
resolved prior to passage of the bill.
Regulation Impact Statement
1.13 A Regulation Impact Statement (RIS) included in the EM
examined the business case for the USI from the Ministerial Council for
Tertiary Education and Employment. The RIS evaluated the four options presented
in the business case including costs and benefits associated with each of the
options.
1.14 The RIS identified privacy and confidentiality issues
as a significant factor for implementing the USI in any form. Privacy advocates
noted these sensitivities through a multiple-stage consultation process from
2010 to 2012.[9]
1.15 The RIS concluded that measures for centralising and
streamlining all VET training records was a necessary component for any future
reform agenda in the sector. Of the four options canvassed, a national level
USI scheme was favoured as striking the best balance between cost and potential
benefit.[10]
Acknowledgement
1.16 The committee thanks those organisations and
individuals who contributed to this inquiry by preparing written submissions.
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