EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 103
Issued by the Authority of the
Minister for Education
COMMONWEALTH TERTIARY EDUCATION COMMISSION REGULATIONS
The Commonwealth Tertiary Education Commission Act 1977 (the Act) contains Schedules which list the names of universities and colleges of advanced education for the purposes of the Act. Schedule 2 of the Act lists the names of colleges of advanced education in Australia.
Section 44 of the Act provides that the Schedules may be varied by the making of Regulations, subject to the requirement that prior consideration by the Minister of State for Education has been given to any proposed inclusion or deletion of an institution and that there has been prior consultation with the State (or States). The purpose of these Regulations is to recognise the consolidation and merger of a number of colleges of advanced education to either form a single new institution or an amalgamation with an existing institution.
The process of consolidation in advanced education has produced the need for a number of variations in connection with Schedule 2 of the Act. In addition, an amendment was made to the Act during 1981 to insert the word “Commonwealth” in its title. In view of the nature of the above amendments it has been decided to prepare a new set of Regulations which: recognise the results of the consolidation process; repeal existing Regulations made under the old title to the Act; provide a summary of all amendments to Schedule 2 made to date.
Retrospective Effect
The retrospective effect of items 1 to 9 in the Schedule does not represent a delay in making Regulations under the Act. Rather items 1-9 are a restatement of Regulations made under the old title to the Act and which are repealed by the attached Statutory Rules. The delay in making the declaration at item 19 was at the request of the State of Western Australia. The retrospective effect of the Regulations will not prejudice the rights of, nor impose liabilities, on any person. The retrospectivity does not create additional financial obligations.
Overview
The Commonwealth Tertiary Education Commission Regulations 1982 were enacted to address the need for updating the Schedules of the Commonwealth Tertiary Education Commission Act 1977. This legislation was introduced to facilitate the recognition of consolidations and mergers among colleges of advanced education in Australia, which required adjustments to Schedule 2 of the Act. The regulations were issued under the authority of the Minister for Education and were made in accordance with Section 44 of the Act, which allows for the variation of Schedules through the creation of Regulations, subject to ministerial consideration and prior consultation with relevant states. The policy objective behind these regulations was to ensure that the Schedules accurately reflect the current state of tertiary education institutions in Australia, providing a comprehensive and up-to-date list of recognised universities and colleges of advanced education.
Scope and Application
The Commonwealth Tertiary Education Commission Regulations pertain to the institutions listed in Schedule 2 of the Commonwealth Tertiary Education Commission Act 1977. These regulations apply to colleges of advanced education in Australia, recognising changes resulting from consolidations and mergers that have occurred in the tertiary education sector. The Act enables the regulation of these institutions, subject to prior consideration by the Minister for Education and consultation with the relevant State(s). The regulations serve to update the list of recognised institutions in light of structural changes within the education sector, ensuring the list reflects the current institutional landscape. Any variations to the schedules, including the recognition of new institutions formed through mergers or consolidations, require the Minister's prior consideration and state consultation, as stipulated in Section 44 of the Act. The scope of the Act and its regulations is limited to the institutions listed in the Schedules, with no application to other entities or sectors outside the scope of tertiary education as specified. The regulations also encompass a retrospective effect for certain items, clarifying that this does not prejudice the rights or impose liabilities on any person, nor does it create additional financial obligations.
Key Provisions
The main operative sections of the Commonwealth Tertiary Education Commission Regulations (C2004L06264) focus on the variation of Schedule 2 of the Commonwealth Tertiary Education Commission Act 1977. Section 44 of the Act provides that the Schedules, which list the names of universities and colleges of advanced education, may be varied by the making of Regulations. This process recognises the consolidation and merger of colleges of advanced education to either form new institutions or amalgamate with existing ones. Specifically, the Regulations acknowledge the outcomes of the consolidation process and repeal existing Regulations made under the old title of the Act. They also provide a summary of all amendments to Schedule 2 made to date.
The Regulations impose several obligations and requirements on the parties governed by the Act. Primarily, they require that any proposed inclusion or deletion of an institution from Schedule 2 must have been given prior consideration by the Minister of State for Education, and that there has been prior consultation with the relevant State or States. This ensures that the changes are well-considered and that the interests of all stakeholders are taken into account. Additionally, the Regulations must be made in line with the Act’s provisions, specifically respecting the need for retrospective effect in some cases. This involves the careful restatement of previously made Regulations under the old title of the Act and their repeal.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of the Regulations. However, the statutory nature of the Rules and the legislative framework they operate within imply that non-compliance could result in legal repercussions. The precise consequences would depend on the nature and severity of the breach, as well as the applicable laws governing the operation of the Act. The Regulations' focus is on the orderly recognition of institutional changes, ensuring that the educational landscape accurately reflects current educational structures and practices.