Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I table two supplementary explana­tory memoranda relating to the government amendments to be moved to these bills. The memoranda were circulated in the chamber earlier today. I seek leave to move government amendments to both the Tertiary Education Quality and Standards Agency Bill 2011 and the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Bill 2011 together.

Leave granted.

I move government amendments (1) to (20) on sheet CJ204 and government amendments (1) to (9) on sheet CJ205 together:

(1)   Clause 4, page 5 (line 6), after "regulated higher education awards.", insert "Some providers (including Australian universities registered in the Australian university provider category) are authorised to self-accredit their courses of study.".

(2)   Clause 4, page 5 (lines 9 to 11), omit "TEQSA is also responsible for ensuring that higher education provided in Australia, or by Australian providers, meets the Higher Education Standards Framework.", substitute "TEQSA regulates higher education using principles relating to regulatory necessity, risk and proportionality, and using a standards-based quality framework.".

(3)   Clause 4, page 5 (line 12), omit "That Framework", substitute "That quality framework".

(4)   Clause 5, page 11 (line 2), omit "58(1)(e) or (h)", substitute "58(1)(h)".

(5)   Clause 5, page 15 (line 8), omit "Standards;", substitute "Standards.".

(6)   Clause 5, page 15 (line 9), omit paragraph (c).

(7)   Clause 21, page 23 (line 1), omit "12 months", substitute "9 months".

(8)   Clause 21, page 23 (line 11), omit "12 months", substitute "9 months".

(9)   Heading to clause 33, page 28 (line 19), omit the heading, substitute:

  33 Conditions about authority to self-accredit

     TEQSA to consult about such conditions

(10)   Clause 33, page 28 (line 20), omit "This section", substitute "Subsection(2)".

(11)   Clause 33, page 29 (after line 4), at the end of the clause, add:

        Consequences for accreditation if authority removed

     (4)   If:

        (a)   a course of study is accredited by a registered higher education provider; and

        (b)   a condition imposed under subsection 32(1) removes the provider's authority to self-accredit the course of study;

     the accreditation is cancelled when that removal takes effect.

     Note:   The provider may apply to TEQSA for TEQSA to accredit the course of study under Part 4.

(12)   Heading to Division 1, page 36 (line 2), omit the heading, substitute:

   Division 1—Accrediting courses of study

(13)   Clause 45, page 36 (lines 3 to 6), omit the clause, substitute:

  45 Who can accredit courses of study

Australian universities can self-accredit courses of study

(1)   Each registered higher education provider that:

(a)   is registered in the Australian university provider category; and

(b)   is:

(i)   established by or under, or recognised by, a law of the Commonwealth, a State or a Territory; or

(ii)   registered as a company under Part 2A.2 of the Corporations Act 2001;

is authorised to self-accredit each course of study that leads to a higher education award that it offers or confers.

(2)   However, this authority is subject to section 32 (about imposing conditions on a provider's registration).

Note:   TEQSA may impose a condition restricting or removing the provider's authority to self-accredit. TEQSA will need to consult (see section 33) and comply with the principles in Part 2 before doing so.

(3)   Subsection (1) does not limit the registered higher education providers that may be authorised to self-accredit one or more courses of study.

TEQSA can accredit courses of study

(4)   Divisions 2 to 4 of this Part apply to a registered higher education provider in relation to a course of study if the provider is not authorised to self-accredit the course of study.

(14)    Clause 49, page 38 (line 11), omit "12 months", substitute "9 months".

(15)    Clause 49, page 38 (line 21), omit "12 months", substitute "9 months".

(16)    Clause 58, page 44 (lines 12 and 13), omit paragraph (1)(e).

(17)    Clause 58, page 44 (line 19), omit "(a) to (e)", substitute "(a) to (d)".

(18)    Clause 167, page 115 (lines 13 and 14), omit paragraph (2)(a), substitute:

(a)   ensure the Panel members collectively possess an appropriate balance of professional knowledge and demonstrated expertise, including in higher education and the development of quality standards; and

(19)    Clause 167, page 115 (after line 18), at the end of paragraph (2)(b), add:

(iii)   the staff of higher education providers; and

(20)    Clause 183, page 123 (table item dealing with decisions under section 38), omit "to refuse".

Tertiary Education Quality And Standards Agency (Consequential Amendments And Transitional Provisions) Bill 2011

(1)   Schedule 1, item 4, page 5 (line 20) to page 6 (line 8), omit section 7A, substitute:

7A Meaning of designated authority

(1)   The designated authority for a State, in relation to a provider, is as follows:

(2)   However, if the provider is covered by more than one item of the table, the Minister may, by legislative instrument:

(a)   determine that one or more entities are the designated authorities for the State in relation to the provider; and

(b)   specify the circumstances in which each of those entities is the designated authority for the State in relation to the provider.

(3)   The Minister may, by legislative instrument, determine an entity to be the designated authority for a State in relation to a provider covered by table item 3.

(2)   Schedule 1, item 13, page 7 (line 28), omit "subsection 7A(4)", substitute "subsection 7A(3)".

(3)   Schedule 2, item 8, page 18 (line 22), omit "from *TEQSA", substitute "conferred by or under the *TEQSA Act".

(4)   Schedule 2, item 14, page 19 (line 23), omit "by *TEQSA", substitute "by or under the *TEQSA Act".

(5)   Schedule 2, item 23, page 21 (lines 7 and 8), omit "by *TEQSA", substitute "by or under the *TEQSA Act".

(6)   Schedule 2, item 28, page 22 (line 12), omit "from *TEQSA", substitute "conferred by or under the *TEQSA Act".

(7)   Schedule 2, item 33, page 23 (line 1), omit "by *TEQSA", substitute "by or under the *TEQSA Act".

(8)   Schedule 3, item 15, page 39 (table item 2), omit "12 months", substitute "9 months".

(9)   Schedule 3, item 25, page 47 (table item 2), omit "12 months", substitute "9 months".

These amendments respond to the recommendations of the Senate Education, Employment and Workplace Relations Legislation Committee on the TEQSA bills. The report delivered by the committee supported the government's establishment of TEQSA as a key step towards ensuring that the expansion and diversification of the sector does not come at the expense of quality. Reflecting the committee's recom­mendations, the amendments will ensure that the creation of the new regulatory environ­ment for the Australian higher education system through the establishment of TEQSA is underpinned by a robust regulatory framework with a strong focus on quality.

The government amendments will explicitly provide that universities have the authority to self-accredit courses of study except where TEQSA limits or removes that authority consistent with the basic principles of the regulation stated in part 2 of the Tertiary Education Quality and Standards Agency Bill 2011. These provisions recog­nise that universities are axiomatically self-accrediting, preserving their academic independence and diversity. I know this pro­vision is very important to the universities. The government and the opposition are happy to support its establishment within the legislation. The bill will also be amended so that the minister must have regard to the interests of staff working in the higher education sector, as well as the interests of students and the states and territories, when determining the appointment of members of the Higher Education Standards Panel.

In response to a recommendation of the committee, the amendments will change the maximum statutory time frame for TEQSA to make a decision regarding an applicant's application for registration and course accreditation. This has been reduced to a maximum of 18 months. TEQSA's decision to change a provider's registration category has also been amended so that it is a reviewable decision.

I would like to take this opportunity to again thank the Senate committee for its work, particularly the chair, Senator Gavin Marshall, who, as always, conducted the inquiry with professionalism and consideration of the interests of all senators. Of course, I acknowledge Senator Mason's constructive role in the work of the committee and also the work of the Greens and Senator Hanson-Young in ensuring we have an outcome that can get the support of the Senate. I think it reflects strong policy. Additionally, I would like to thank all the stakeholders who contributed to the committee's inquiry and report.