2016-2017-2018

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

SENATE

 

 

AUSTRALIAN RESEARCH COUNCIL AMENDMENT (ENSURING RESEARCH INDEPENDENCE) BILL 2018

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

(Circulated by authority of Senator Mehreen Faruqi)

 

 

 

 

 

 

 

 

AUSTRALIAN RESEARCH COUNCIL AMENDMENT (ENSURING RESEARCH INDEPENDENCE) BILL 2018

OUTLINE

The intent of the Bill is to remove Ministerial discretion from research grants administered by the Australian Research Council (ARC). The ARC is established as an independent Commonwealth body under the Australian Research Council Act 2001 (ARC Act) .

Currently, the Act gives the Minister a veto over research grants that are recommended by the ARC. Sections 51-53 of the ARC Act (in Division 1 of Part 7) are the key provisions relating to the approval of expenditure on research programs. In short, these provisions provide the process whereby the ARC makes recommendations and the Minister makes the final approval decision.

This Bill amends various provisions in the Act to remove the Minister’s discretion to approve a research proposal recommended by the ARC by providing that the Minister must approve a research proposal and the associated expenditure recommended by the ARC.

 

NOTES ON CLAUSES

Clause 1: Short Title

1.       This clause provides for the bill, when enacted, to be cited as Australian Research Council Amendment (Ensuring Research Independence) Bill 2018.

Clause 2: Commencement

2.       This clause provides that the main provisions of the bill commence on the day after the Act receives the Royal Assent.

Clause 3 - Schedules

3.       Clause 3 is an ‘activating clause’, providing that legislation specified in a Schedule is amended or repealed as set out in the relevant items in the Schedule, and that other items in the Schedule have effect according to their terms.

 

Schedule 1 - Amendments

Item 1

4.       Item 1 repeals subsection 51(1) of the ARC Act, which contains provisions for Ministerial approval of research grants (expenditure) proposed by the ARC.  

5.       Item 1 further amends section 51 by substituting new subsections 51(1) and (1A) to create a requirement for the Minister to approve research grants recommended by the Chief Executive Officer (CEO) of the ARC. The intent of this section is to remove Ministerial veto from research grants by requiring that the Minister must approve research grants recommended by the ARC.

 

Item 2

6.       Subsequent to the approval of research grants, subsection 51(2) of the ARC Act currently requires the Minister to determine funding for the approved research proposals.

7.       Item 2 amends section 51 to insert subsection 51(2A) to require that the funding determined by the Minister be no less than the amount recommended by the CEO of ARC.

Item 3

8.       Item 3 repeals subsection 52(4) which currently states that, in deciding whether to approve a research proposal, the Minister may (but is not required to) rely solely on recommendations made by the CEO of ARC. Amendments proposed in this Bill make this section redundant.

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Research Council Amendment (Ensuring Research Independence) Bill 2018

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

This Bill removes Ministerial discretion from research grants recommended and administered by the Australian Research Council (ARC).

 

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

 

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

Senator Mehreen Faruqi