Kim Carr (Victoria, Australian Labor Party, Minister for Innovation, Industry, Science and Research) Share this | Hansard source

Senator Mason, that has always been the case. My proposition to you—and I repeat the proposition I have advanced in the previous times we have canvassed these matters—is that those compliance provisions should be accompanied by a proper understanding of the processes by which a minister must enforce the law. They are quite detailed and are covered in the act as well. It is my understanding that there has never been a requirement from a minister of either side—because these provisions have been in all the higher education funding acts for some time—to repay grants. Up to this point they have been resolved through a process of negotiation. The powers of the minister, the powers of the Commonwealth in the administration of higher education grants, be they in the teaching or research program, are substantial, and it would be unwise for an education provider to fail to fulfil their obligations under the act. Equally, those powers go to the point, as I have just indicated, where an education provider may have their approval revoked—the minister has the power to revoke a body’s approval as a higher education provider if they fail to comply.