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

I would like to seek to answer Senator Xenophon’s question. I made some observations a moment or two ago with regard to a question from Senator Mason which you may not have heard, Senator Xenophon, because I do not think you were in the chamber. I will go to those issues again and indicate to the chamber that I will repeat the advice that the minister has given to me directly.

She has told me that, following the repeal of the national governance protocols, the minister will advise universities that, pending the development and implementation of a new voluntary code, she will regard the national governance protocols as an ongoing benchmark to good governance practice. She would regard any substantial noncompliance with this benchmark, whether reflected in a recommendation arising from the quality audit by the AUQA or otherwise, as indicating a potential breach of the quality requirements specified under section 19-15 of the Higher Education Support Act. It is a condition of the funding under the Commonwealth Grants Scheme that a higher education provider must meet the quality and accountability requirements—that is covered by section 36-60—and, if a provider breaches a condition of grant, the minister may reduce or require repayment of some or all of the grant. That is covered by section 54-1.

Further, the minister also has the power to revoke a body’s approval as a higher education provider if the minister is satisfied that it has breached a condition of the grant or a quality and an accountability requirement under section 22-15. I would like to say a word about the amendments at some point, but if there are any further questions I would seek to deal with them now.