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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY BILL 2011E TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2011

Order of the day read for the adjourned debate on the motion of the Minister for Agriculture, Fisheries and Forestry (Senator Ludwig)—That these bills be now read a second time.

Debate resumed.

Explanatory memorandum: The Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Senator Evans) tabled an addendum to the explanatory memorandum relating to the Tertiary Education Quality and Standards Agency Bill 2011.


Debate continued.

Question put and passed.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the bills.

In the committee

Bills taken together and as a whole by leave.

Explanatory memoranda: Senator Evans tabled supplementary explanatory memoranda [2] relating to the government amendments to be moved to the bills.

On the motion of Senator Evans the following amendments, taken together by leave, were debated and agreed to:

In respect of the Tertiary Education Quality and Standards Agency Bill 2011—

 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.".

 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.".

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

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

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

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

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

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

 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

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

 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.

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

  

Division 1—Accrediting courses of study

 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.

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

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

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

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

 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

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

 (iii) the staff of higher education providers; and

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


In respect of the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Bill 2011—

 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:

Meaning of designated authority

ItemFor a provider, to the extent that it is:the designated authority is:

1a registered higher education provider (within the meaning of the TEQSA Act)TEQSA

2an NVR registered training organisation (within the meaning of the National Vocational Education and Training Regulator Act 2011)the National VET Regulator

3a provider of:

(a) an English Language Intensive Course for Overseas Students; or

(b) a Foundation program

the entity determined under subsection (3)

4a provider not covered by items 1 to 3the person responsible under the law of the State for approving providers to provide courses to overseas students for the State

 (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.

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

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

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

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

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


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

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

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

Bills, as amended, agreed to.

Bills to be reported with amendments.

The Acting Deputy President (Senator Troeth) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of Senator Evans the report from the committee was adopted and the bills read a third time.