Higher Education Support Amendment (Removal of the Higher Education Workplace Relations Requirements and National Governance Protocols Requirements and Other Matters) Act 2008
No. 89, 2008
An Act to amend the Higher Education Support Act 2003, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Higher Education Support Act 2003
Higher Education Support Amendment (Removal of the Higher Education Workplace Relations Requirements and National Governance Protocols Requirements and Other Matters) Act 2008
No. 89, 2008
An Act to amend the Higher Education Support Act 2003, and for related purposes
[Assented to 20 September 2008]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Higher Education Support Amendment (Removal of the Higher Education Workplace Relations Requirements and National Governance Protocols Requirements and Other Matters) Act 2008.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Higher Education Support Act 2003
1 Paragraph 19‑25(1)(a)
After “body”, insert “for the provider”.
2 Paragraph 19‑25(2)(a)
After “auditing body”, insert “for the provider”.
3 Subsection 19‑27(1)
After “body”, insert “for the provider”.
4 At the end of Subdivision 19‑C
Add:
19‑29 Quality auditing bodies
The Higher Education Provider Guidelines may:
(a) list a body as a*quality auditing body for one or more kinds of higher education provider; and
(b) set out requirements that must be met by quality auditing bodies in conducting audits of higher education providers.
5 At the end of section 22‑10
Add:
Bodies that no longer meet certain approval criteria
(5) The Minister may revoke a body’s approval as a higher education provider if:
(a) the body no longer meets a requirement set out in:
(i) paragraph 16‑25(a); or
(ii) paragraph 16‑25(da); and
(b) the Minister complies with the requirements of section 22‑20.
6 Section 33‑17
Repeal the section.
7 Application—repeal of section 33‑17
The repeal of section 33‑17 by item 6 of this Schedule has no effect in relation to a higher education provider’s basic grant amount for the grant year 2008.
8 Subsection 41‑10(1) (cell at table item 9A, column headed “Who is eligible”)
Repeal the cell, substitute:
*Table A providers, *Table B providers that are universities, and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item
9 Clause 1 of Schedule 1 (definition of quality auditing body)
Repeal the definition, substitute:
quality auditing body, for a higher education provider, means a body listed in the Higher Education Provider Guidelines as a quality auditing body for providers of that kind.
[Minister’s second reading speech made in—
House of Representatives on 13 February 2008
Senate on 15 May 2008]
Overview
The Higher Education Support Amendment (Removal of the Higher Education Workplace Relations Requirements and National Governance Protocols Requirements and Other Matters) Act 2008 was enacted to amend the Higher Education Support Act 2003, addressing issues related to the removal of certain workplace relations requirements and national governance protocols within the higher education sector. The Act was passed by the Parliament of Australia and received Royal Assent on 20 September 2008. Its primary policy objective was to streamline and modernise the governance and auditing requirements for higher education providers, enhancing the efficiency and effectiveness of the higher education system in Australia. The Act achieved this by removing specific provisions that had become redundant or were no longer considered necessary for the regulation of higher education providers, while introducing new mechanisms for quality assurance through the listing of quality auditing bodies and setting out the requirements for conducting audits of higher education providers.
Scope and Application
The Higher Education Support Amendment (Removal of the Higher Education Workplace Relations Requirements and National Governance Protocols Requirements and Other Matters) Act 2008 amends the Higher Education Support Act 2003, introducing significant changes to the governance and regulatory framework of higher education providers in Australia. This Act applies to higher education providers, including universities and other eligible bodies, and governs their approval processes, quality assurance measures, and funding mechanisms. It primarily affects entities that offer higher education services within the Australian jurisdiction, impacting their operational standards and compliance requirements. The Act’s provisions extend to the listing and regulation of quality auditing bodies responsible for evaluating the performance of these providers. Notably, it removes specific requirements related to workplace relations and national governance protocols, thus simplifying the compliance landscape for higher education providers. The Act also includes provisions that ensure certain changes do not affect the basic grant amounts for the 2008 grant year, thereby maintaining financial stability during the transition.
Key Provisions
The Higher Education Support Amendment (Removal of the Higher Education Workplace Relations Requirements and National Governance Protocols Requirements and Other Matters) Act 2008 amends the Higher Education Support Act 2003. The main changes introduced by this Act include the removal of specific requirements related to workplace relations and national governance protocols within higher education institutions (sections 19-25(1)(a), 19-25(2)(a), 19-27(1)). These sections now refer to bodies that are relevant to the provider, indicating a shift in focus from a uniform regulatory approach to a more tailored one. The Act also introduces provisions for listing quality auditing bodies (section 19-29), which are bodies recognised for conducting audits of higher education providers, and outlines the criteria and requirements for these bodies to meet.
The Act imposes several obligations on higher education providers. Providers must now ensure that any bodies involved in their operations meet the specific requirements set out for them. This includes compliance with the newly defined quality auditing bodies and their respective criteria as outlined in the Higher Education Provider Guidelines. Additionally, the Act mandates that the Minister may revoke a provider’s approval if it no longer meets the specified criteria, specifically those related to governance and operational standards (section 22-10(5)). This gives the Minister significant oversight powers to ensure that providers maintain high standards of operation.
Failure to comply with the requirements set out in this Act can lead to severe consequences. The Act does not explicitly detail criminal penalties but implies that non-compliance could result in the revocation of a provider’s approval, which can have significant ramifications for the institution's operations and funding. For instance, the revocation of approval under section 22-10(5) not only impacts the institution’s legitimacy but could also affect its eligibility for government funding and support. The Act ensures that the Minister follows the requirements of section 22-20 when revoking approval, indicating a procedural safeguard to ensure fairness and due process.