FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (EDUCATION AND TRAINING MEASURES NO. 2) REGULATIONS 2018 (F2018L00839) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (EDUCATION AND TRAINING MEASURES NO. 2) REGULATIONS 2018 (F2018L00839)

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Education and Training Measures No. 2) Regulations 2018

 

The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies.  The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations).  The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013

 

Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

 

Section 32B of the FF(SP) Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations.  Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations.  Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs. 

 

The purpose of the Financial Framework (Supplementary Powers) Amendment (Education and Training Measures No. 2) Regulations 2018 (the Regulations) is to amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on four initiatives administered by the Department of Education and Training.  Some activities under the Skills Checkpoint for Older Workers Program will be administered by the Department of Jobs and Small Business.

 

Funding will be provided for:

*         the Skills Checkpoint for Older Workers Program to provide career guidance and training for older workers to help them remain in the workforce;

*         the High Achieving Teachers Program to increase the quality of school education across the education system by broadening the entry points into teaching, address teacher shortages, and place high performing individuals in the schools that need them most;

*         the National Disability Coordination Officer Program to assist people with disability to access and participate in higher education and vocational education and training, and subsequent employment; thereby facilitating the transition between education, training and employment for people with disability; and

*         the development, maintenance and ongoing operation of the Higher Education Admissions Information Platform.

 

The Skills Checkpoint for Older Workers Program is part of the Government's More Choices for a Longer Life Package which was announced in the 2018-19 Budget.  Funding for the High Achieving Teachers Program was also included in the 2018-19 Budget.

 

Details of the Regulations are set out at Attachment A.  A Statement of Compatibility with Human Rights is at Attachment B

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.  The Regulations commence on the day after they are registered on the Federal Register of Legislation. 

 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Education and Training and the Department of Jobs and Small Business.

 

A regulation impact statement is not required as the Regulations only apply to non-corporate Commonwealth entities and do not adversely affect the private sector. 

 

 


Details of the Financial Framework (Supplementary Powers) Amendment (Education and Training Measures No. 2) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Education and Training Measures No. 2) Regulations 2018.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after they are registered on the Federal Register of Legislation.

 

Section 3 - Authority

 

This section provides that the Regulations are made under the Financial Framework (Supplementary Powers) Act 1997.

 

Section 4 - Schedules

 

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedule to the Regulations.

 

Schedule 1 - Amendments

 

Item 1 - In the appropriate position in Part 4 of Schedule 1AB (table)

 

This item adds four new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on activities administered by the Department of Education and Training.  Some activities under new table item 277 below will be administered by the Department of Jobs and Small Business.

 

New table item 277 establishes legislative authority for government spending on the Skills Checkpoint for Older Workers Program (the Program) including the Skills and Training Incentive (the Incentive). 

 

The Program and the Incentive are part of the Government's More Choices for a Longer Life Package which was announced in the 2018-19 Budget. 

 

The Skills Checkpoint for Older Workers Pilot (the Pilot) was delivered between December 2015 and May 2016 to 1,067 participants in the Australian Capital Territory, New South Wales, Queensland, Victoria and Western Australia.  The Program is a national rollout of the Pilot.

 

From September 2018, the Program will deliver targeted support services to up to 5,000 individuals per year (up to 20,000 over four years) aged 45 to 70 years who are working and who are at risk of entering the income support system.  The Program will also support those who are recently unemployed and who are not registered for assistance through the Government's employment services programs. 

 

The Program will provide participants with guidance on using their existing skills to transition into new roles within their current industry or pathways to new careers, including referrals for relevant education and training options.  The Program will also support older Australians to remain in the workforce longer by providing assistance to older workers to engage with existing career paths and identifying opportunities for them to upskill or re-skill for other jobs.  Eligibility for the Program will be set out in the guidelines to be developed by the Department of Education and Training.

 

Contracted providers will deliver the Program.  Providers will conduct a series of assessment processes, which may include formal and informal testing to determine potential skills gaps and opportunities for training.  Participants in the Program will also receive advice and referral to additional services as required.

 

Funding of $17.4 million for the Program was included in the 2018-19 Budget under the measure 'More Choices for a Longer Life - skills checkpoint for older workers program - establishment' for a period of four years commencing in 2018-19.  Details are set out in Budget 2018-19, Budget Measures, Budget Paper No. 2 2018-19 at page 91.

 

From January 2019, participants in the Program may also be eligible for the Incentive, which will be managed by the Department of Jobs and Small Business and administered by providers contracted under the Program.  For each participant, the Government may contribute up to $2,000 for training (both accredited and non-accredited) identified by contracted providers under the Program where that training is linked to the participant's current job, a future job opportunity, or an industry or skill in demand.  The Government's contribution must be matched by either the participant or their employer.  The providers will collect the matched contribution from participants/employers and pay the combined amount (the Incentive and matched contribution) to the training organisation from which the participant will receive the training. 

 

Funding of $19.3 million for the Incentive was included in the 2018-19 Budget as part of the measure 'More Choices to a Longer Life - jobs and skills for mature age Australians' for a period of three years commencing in 2018-19.  Details are set out in Budget 2018-19, Budget Measures, Budget Paper No. 2 2018-19 at page 157.

 

The Department of Education and Training and the Department of Jobs and Small Business will work together to procure the services of providers to deliver the Program and the Incentive.  Providers will be selected through an open tender process.  It is expected that this tender process will open in early June 2018.  Information on this process, including outcomes, will be published on AusTender at www.tenders.gov.au.  Final procurement decisions are expected to be made by a delegate of the Secretary of the Department of Education and Training.

 

Complaints and enquiries may be made by tenderers at any time during the procurement process, and will be handled in accordance with the probity processes for the procurement which will be made available on AusTender.    

 

Decisions in relation to procurement will be final.  There will be no legal right of review of those decisions.  Procurement decisions will be made in accordance with the Commonwealth's resource management framework, including the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Procurement Rules.

 

Tenderers will have an opportunity to receive feedback on their tender submissions.

 

Once a procurement decision has been made, and a tenderer's offer has been accepted, a contract is then entered into with the successful providers.  The contracts with providers will include complaints handling and review processes regarding both the Program and the Incentive payment.

 

If during the conduct of the Program a participant or employer is not satisfied with a provider's services, a participant or employer will be able to raise this directly with the provider.  This will include queries regarding a provider's decision as to whether a participant or an employer is eligible to participate in the Program or seek a skills assessment conducted by the provider.  If a participant or employer is not satisfied with the provider's response, they may raise their issue directly with the Department of Education and Training.

 

If a participant is unsuccessful in receiving the Incentive, the participant or their employer may raise this issue directly with the provider.  If a participant or an employer is not satisfied with the provider's response, they may raise it directly with the Department of Jobs and Small Business as the entity responsible for the Incentive.  The Department of Jobs and Small Business may consider these matters in conjunction with the Department of Education and Training.

 

Departmental officers from both departments are independent from the providers.  Departmental officers must comply with their Australian Public Service Code of Conduct obligations at all times, including in relation to impartiality and conflicts of interest.  Therefore, if either department is asked to review a participant's or employer's query or complaint about the provider's administration of the Program or the Incentive, departmental officers who have a conflict of interest will declare that conflict.  Each department will ensure it manages any conflicts of interest in accordance with the whole-of-government and respective departmental policies.

 

Decisions by providers will not be made under an enactment.  Therefore, the Administrative Decisions (Judicial Review) Act 1977 does not apply which means that merits review under that Act will not be available.  Similarly, as neither the Program nor the Incentive are established under legislation providing a right of administrative review, there is no right of review by the Administrative Appeals Tribunal.  In the absence of specific legislation enacted by the Parliament conferring a right of review, it is appropriate that any dissatisfied participants, or persons denied entry into the Program or the Incentive, ought to be able to complain to their provider, either of the above departments as relevant, or the Commonwealth Ombudsman.  The availability of those options is the primary reason for the absence of merits review by an external body; the fact that relevant decisions are not under an enactment is a secondary reason. 

 

Funding for the Program will come from Program 2.8: Building Skills and Capability, which is part of Outcome 2.  Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.5, Education and Training Portfolio at pages 19 and 59. 

 

Funding for the Incentive will come from Program 1.1: Employment Services, which is part of Outcome 1.  Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.13B, Jobs and Innovation Portfolio (Jobs and Small Business) at pages 18 and 23. 

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution.

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'.  The external affairs power supports legislation implementing Australia's obligations under international treaties to which it is a party.

 

Australia has obligations relating to employment under the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Labour Organization's Convention concerning Employment Policy (ILO Convention 122) and the International Labour Organization's Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources (ILO Convention 142).

 

Article 2(1) of the ICESCR obliges each State Party to take steps 'to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures'.  In particular, Article 6 provides that States Parties recognise the 'right to work' and shall take steps to 'achieve the full realization of this right', including 'technical and vocational guidance and training programmes, policies and techniques to achieve ... full and productive employment'.

 

Article 1(1) of the ILO Convention 122 requires each Member to 'declare and pursue ... an active policy designed to promote full, productive and freely chosen employment'.  Article 2 of the ILO Convention 122 requires each Member to 'decide on and keep under review ... the measures to be adopted for attaining the objectives specified in Article 1', and to 'take such steps as may be needed ... for the application of [such] measures'.

 

Article 1(1) of the ILO Convention 142 obliges each Member to 'adopt and develop comprehensive and co-ordinated policies and programmes of vocational guidance and vocational training, closely linked with employment, in particular through public employment services.'  Article 1(2) requires the policies and programmes adopted for the purposes of Article 1(1) to take due account of matters including 'employment needs, opportunities and problems, both regional and national' (Article 1(2)(a)).

 

Article 2 of the ILO Convention 142 obliges each Member to 'establish and develop open, flexible and complementary systems of general, technical and vocational education, educational and vocational guidance and vocational training, whether these activities take place within the system of formal education or outside it.'

 

Article 3 of the ILO Convention 142 obliges each Member to 'gradually extend its systems of vocational guidance, including continuing employment information, with a view to ensuring that comprehensive information and the broadest possible guidance are available to all ... adults' (Article 3(1)).  Such information and guidance is required to cover matters including 'vocational training and related educational opportunities' (Article 3(2)).

 

Article 4 of the ILO Convention 142 obliges each Member to 'gradually extend, adapt and harmonise its vocational training systems to meet the needs for vocational training throughout life of both young persons and adults in all sectors of the economy and branches of economic activity and at all levels of skill and responsibility'.

 

The Program is part of a broader suite of measures designed to promote full, productive and freely chosen employment. 

 

The Program will assist older workers to remain in the workforce and to broaden the career choices available to them by providing skills analyses and identifying opportunities to use their existing skills in new roles or to obtain new skills through further education and training.

 

The Program will extend the existing system of vocational education and guidance by improving the availability of comprehensive information and tailored assessment, advice and referral services for older workers.  The focus on older workers seeks to address the particular employment needs, opportunities and problems relating to this group.

 

Participants in the Program may also be eligible for the Incentive of up to $2,000 to fund training which is linked to the participant's current job, a future job opportunity, or an industry or skill in demand.  This Incentive aims to broaden the employment opportunities available to older workers and to address particular employment needs and problems by funding training linked to industries or skills in demand.

 

New table item 278 establishes legislative authority for government spending on the High Achieving Teachers Program (the Program) to increase the quality of school education across the education system by broadening the entry points into teaching, address teacher shortages, and place high performing individuals in the schools that need them most.  The Program is intended to advance the Government's agenda for Quality Schools.

 

Funding for the Program was included in the 2018-19 Budget under the measure 'High Achieving Teachers Program'.  Details are set out in Budget 2018-19, Budget Measures, Budget Paper No. 2 2018-19 at page 88.

 

Many Australian secondary schools in regional or remote communities and low socio-economic areas experience significant challenges attracting and retaining staff and finding teachers with the subject expertise they need.  This has implications for Australia's ability to provide equal access to quality education.

 

The Department of Education and Training will publish a competitive open tender in 2018 and select one or more providers to deliver alternative pathways into teaching programs, for up to 200 program participants to commence in schools from 2020.  It is expected that these alternative pathways programs will operate either locally or nationally and may offer participants innovative employment-based pathways or accelerated study options.

 

Alternative pathways into teaching can be defined as courses of programs:

*         developed in response to a specific teacher workforce challenge;

*         for individuals with professional or academic experience gained outside of teaching and who do not hold a full teaching qualification;

*         with the aim of broadening the recruitment base into teaching by attracting individuals with the knowledge, skills or experience to address a specific workforce challenge; and

*         which provide tailored support to participants to become teachers and achieve an Australian accredited teaching qualification that will enable them to register to teach in one or more Australian states or territories. 

 

To be successful, tenderers will be expected to demonstrate that their program/s will:

*         recruit and select high achieving individuals who do not hold a full teaching qualification;

*         partner with education authorities to place and retain program participants in teaching positions at Australian secondary schools with specific teacher workforce challenges;

*         provide participants with training and support to meet the demands of teaching, become teachers and complete an Australian accredited teaching qualification; and

*         demonstrate a clear path to sustainability by attracting financial support from state and territory governments and other sources and capping the Government's contribution.

 

A delegate of the Secretary of the Department of Education and Training will be responsible for making final decisions in relation to any relevant expenditure.  Funding decisions will be made in accordance with the Secretary Instructions and delegations on expenditure of relevant money, and in accordance with the Commonwealth's resource management framework including the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Procurement Rules.  Information about the tender and the resultant contract will be available on AusTender (www.tenders.gov.au). 

 

Independent review will not be provided for any procurement decisions made in connection with the Program.  However, any complaints in relation to the procurement will be directed, in the first instance, to the relevant contact officer for the procurement.  Unresolved complaints may then be directed, if considered appropriate, to an independent officer of the department or a probity adviser.

 

Funding for this item will come from Program 1.7: Early Learning and Schools Support, which is part of Outcome 1.  Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.5, Education and Training Portfolio at pages 11, 17 and 24. 

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution. 

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'.  The external affairs power supports legislation implementing Australia's obligations under international treaties to which it is a party. 

 

Australia has obligations relating to the education of children under the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (CRC). 

 

Article 2 of the ICESCR provides that States Parties undertake to take steps to progressively realise the rights recognised in the Covenant 'by all appropriate means, including particularly the adoption of legislative measures'.  In particular, Article 13(1) of the ICESCR recognises 'the right of everyone to education'.  With a view to achieving full realisation of this right, States Parties recognise that 'secondary education in its different forms ... shall be made generally available and accessible to all by every appropriate means' (Article 13(2)(b)). 

 

Article 4 of the CRC requires States Parties to 'undertake all appropriate legislative, administrative and other measures' for the implementation of the rights recognised in the CRC.  In particular, Article 28(1) of the CRC provides that 'States Parties recognize the right of the child to education'.  With a view to achieving this right, States Parties shall take steps including encouraging 'the development of different forms of secondary education, including general and vocational education' and making them 'available and accessible to every child' (Article 28(1)(b)).  Article 29(1)(a) of the CRC provides that 'States Parties agree that the education of the child shall be directed to the 'development of the child's personality, talents and mental and physical abilities to their fullest potential'.

 

Funding provided in relation to the Program will be directed at improving equal access to quality education by addressing teacher shortages and improving the quality of education provided to children in Australian secondary schools, thereby enabling children to fulfil their potential.

 

New table item 279 establishes legislative authority for government spending on the National Disability Coordination Officer Program (NDCO Program) to assist people with disability to access and participate in higher education and vocational education and training (tertiary education), and subsequent employment; thereby facilitating the transition between education, training and employment for people with disability.

 

The NDCO Program, an existing government program, provides funding to 31 organisations (providers) who employ regionally-based National Disability Coordination Officers (NDCOs) to operate throughout 31 regions across Australia.  The providers represent a mix of universities, TAFE institutes, employment providers, and community-based not-for-profit organisations. 

 

NDCOs work at the strategic level with a range of stakeholders to reduce systemic barriers for working age people (15 to 64 years of age) with disability to be better supported to successfully transition to, and participate fully in, tertiary education and subsequent employment.  NDCO stakeholders include schools (government, Catholic and independent); tertiary education institutions (including universities and TAFE institutes); employment agencies; disability services agencies; and stakeholders that provide relevant services to Aboriginal and Torres Strait Islander peoples.

 

The key objectives for the NDCO Program are to:

*         improve linkages between schools, tertiary education providers, employment service providers and providers of disability programs, and assistance at all government levels;

*         improve the transition for people with disability between school/community and tertiary education, and then to subsequent employment; and

*         improve participation by people with disability in tertiary education and subsequent employment.

 

The NDCO Program is governed by the 2016 Program Guidelines available at https://docs.education.gov.au/node/33795.  Further information on the NDCO Program is available at www.education.gov.au/national-disability-coordination-officer-programme

 

An evaluation of the NDCO Program in 2016 recommended that the existing arrangements with current providers are extended until 30 June 2022, and that a further evaluation of the Program is undertaken in 2020-21 to assess any overlap between the NDCO Program and the National Disability Insurance Scheme (NDIS).  The evaluation report and the Government's response are available at www.education.gov.au.

 

The Department of Education and Training will enter into financial arrangements with current providers through an extension to current funding agreements.  The NDCO Program delegate, as a delegate of the Secretary of the department, will make the final funding decisions, subject to providers showing evidence of satisfactory completion of current grant obligations, along with assurances that they continue to deliver the NDCO Program to a high standard. 

 

Funding decisions will be made in accordance with the Commonwealth Grants Rules and Guidelines 2017, the Secretary Instructions and delegations on the expenditure of relevant money, and the Public Governance, Performance and Accountability Act 2013.  Funding decisions will be publicly available on GrantConnect at www.grants.gov.au.

 

Decisions made in connection with the NDCO Program will not be subject to merits review as funding associated with the NDCO Program will be provided to ongoing and existing providers who had previously been selected through an open, competitive grant process in 2013. 

 

Funding of $17.6 million over four years from 2018-19 will come from Program 2.3: Higher Education Support, which is part of Outcome 2.  Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper 1.5, Education and Training Portfolio at pages 40 and 48.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution.

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'.  The external affairs power supports legislation implementing Australia's obligations under international treaties to which it is a party.

 

Australia has obligations in relation to the rights to work, employment and the right to education under the Convention on the Rights of Persons with Disabilities (CRPD).  Article 4 of the CRPD requires States Parties to 'adopt all appropriate legislative, administrative and other measures for the implementation of the rights' recognised in the CRPD.

 

In particular, Article 24(1) provides that 'States Parties recognize the right of persons with disabilities to education' and that with a view to realising this right, States Parties 'shall ensure an inclusive education system at all levels and lifelong learning'.  States Parties shall ensure that 'persons with disabilities are not excluded from the general education system on the basis of disability' (Article 24(2)(a)) and that 'reasonable accommodation of the individual's requirements is provided' (Article 24(2)(c)) and that 'persons with disabilities receive the support required, within the general education system, to facilitate their effective education' (Article 24(2)(d)).

 

Article 27(1) provides that 'States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities.'  Article 27(1) also provides that 'States Parties shall safeguard and promote the realization of the right to work ... by taking appropriate steps, including through legislation, to ...  

 

(d) Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;

 

(e) Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment'.

 

Australia has obligations under the International Labour Organization's Convention concerning Vocational Rehabilitation and Employment (Disabled Persons) (ILO Convention 159).

 

In particular, Article 7 requires [a Member's] competent authorities to 'take measures with a view to providing and evaluating vocational guidance, vocational training, placement, employment and other related services to enable disabled persons to secure, retain and advance in employment'.

 

Article 9 requires a Member to 'aim at ensuring the training and availability of rehabilitation counsellors and other suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of disabled persons.'

 

Australia has obligations in relation to the right to work and the right to education under the International Covenant on Economic, Social and Cultural Rights (ICESCR).  Article 2 of  the ICESCR provides that States Parties undertake to take steps to progressively realise the rights recognised in the Covenant 'by all appropriate means, including particularly the adoption of legislative measures'.

 

In particular, Article 6 recognises the 'right to work, which includes the right of everyone to the opportunity to gain his living by work'.  The steps to be taken by States Parties to realise the right include providing 'technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual'.

 

Article 7 recognises the 'right of everyone to the enjoyment of just and favourable conditions of work'.

 

Article 13 recognises 'the right of everyone to education'.  The steps to be taken by States Parties to realise the right include making technical and vocational secondary education 'generally available and accessible to all by every appropriate means' (Article 13(2)(b)) and making higher education 'equally accessible to all' (Article 13(2)(c)).

 

The NDCO Program facilitates access to education, training and employment for people with disability.  The grants are provided to providers to engage NDCOs who work with stakeholders to support people with a disability in seeking, obtaining and retaining employment, and to engage in education and training that will better enable them to participate in employment.  The support provided by NDCOs and their stakeholders assists people with disability to participate in further education and the workforce on an equal footing with others and promotes an inclusive work environment.

 

New table item 280 establishes legislative authority for government spending on the development, maintenance and ongoing operation of the Higher Education Admissions Information Platform (the Platform).

 

The Platform will implement recommendations made by the Higher Education Standards Panel in its 'Improving the Transparency of Higher Education Admissions' report which is available at www.education.gov.au.  Recommendations 7 to 10 and 13 were for the development of a new national admissions information platform that would give prospective higher education students, their families, schools and advisers ready access to comprehensive, consistent and comparable information about course options, admissions requirements, assessments and application pathways across all higher education providers.

 

In the short term, the Platform will be a website through which prospective students will be able to compare institutions and courses in one place, and then apply for their preferred course via a relevant channel such as their state Tertiary Admission Centre (TAC).  The Department of Education and Training intends to provide funding to a TAC, or a working group formed by two or more TACs, to support the delivery of the primary IT components of the Platform.

 

It is envisioned that subsequent iterations of the Platform will:

*         explore data integration with the Quality Indicators for Learning and Teaching (QILT) website (which helps students and their families make informed choices about their study options by bringing together survey data from Australian universities and higher education institutions about student experiences and graduate employment outcomes) and the MySkills website (which enables consumers to search for, and compare, vocational education and training courses and providers);

*         facilitate a centralised national application process for tertiary admissions, which will enable students across Australia to apply for their chosen course in one place;

*         provide more comprehensive admissions information; and

*         include all higher education courses offered by all approved providers, including non-university higher education providers.

 

Funding of $8.1 million for enhancements to the QILT website and data was included in the 2016-17 Budget under the measure 'Quality Indicators for Learning and Teaching - improvements' for a period of four years commencing in 2016-17.  Details are set out in Budget 2016-17, Budget Measures, Budget Paper No. 2 2016-17 at page 79.  Between $2 and $3 million of this funding will be used to respond to the Higher Education Standards Panel's recommendations over three years from 2017-18. 

 

Funding for the Platform will be provided through a closed, non-competitive grant to build and maintain the Platform in the short to medium term in accordance with the Commonwealth Grants Rules and Guidelines 2017, the Department of Education and Training's financial delegations, the Public Governance, Performance and Accountability Act 2013 and the delegation of powers for entering into a grant.

 

The data required to populate the Platform is held by the TAC in each state and territory.  For this reason, the Department of Education and Training is working with the Australasian Conference of Tertiary Admission Centres (ACTAC), a peak body which facilitates communication between TACs throughout Australia and New Zealand, to select the funding recipient for the delivery of the primary components of the Platform.  That recipient may be one of the TACs, or a working group formed by members of several TACs.  Once selected, the department will provide the chosen recipient with a grant.  ACTAC is not receiving funding to help select the recipient as it is facilitating communication between TACs in order to establish the relevant recipient to complete this work.

 

The Higher Education Group Manager, a delegate of the Secretary of the department, will be responsible for the final decision about the expenditure for the Platform.  Payments to the chosen recipient will be paid in instalments following the completion of certain milestones.  The department will publish the recipient of the grant and the total value of that grant on the GrantConnect website at www.grants.gov.au.

 

The grant decision will not be subject to a merits review as TACs are the only entities with the data and sector knowledge necessary to successfully deliver all of the Platform objectives.  ACTAC is assisting the department in selecting the recipient to deliver the Platform primarily due to ACTAC's unique position in the higher education sector, including its longstanding objective to provide online resources, materials and support for TACs, universities and students, and its representation of all states and territories.  Given that the grant is being provided to a specific recipient for a specific purpose, the pool of eligible entities is small.

 

Funding for this item will come from Program 2.3: Higher Education Support, which is part of Outcome 2.  Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.5, Education and Training Portfolio at pages 40 and 48. 

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the communications power (section 51(v)) of the Constitution.

 

Section 51(v) of the Constitution empowers the Parliament to make laws with respect to 'postal, telegraphic, telephonic, and other like services'.

 

The program will fund the development and maintenance of a website to provide prospective students with information about higher education.  The website will also provide a centralised online national application process for tertiary admissions.


 

Statement of Compatibility with Human Rights

 

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

 

Financial Framework (Supplementary Powers) Amendment (Education and Training Measures No. 2) Regulations 2018

 

These Regulations are 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 Legislative Instrument

 

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs.  The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013

 

The Regulations amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on four initiatives administered by the Department of Education and Training.  Some activities under the Skills Checkpoint for Older Workers Program will be administered by the Department of Jobs and Small Business.

 

Funding will be provided for:

*         the Skills Checkpoint for Older Workers Program to provide career guidance and training for older workers to help them remain in the workforce;

*         the High Achieving Teachers Program to increase the quality of school education across the education system by broadening the entry points into teaching, address teacher shortages, and place high performing individuals in the schools that need them most;

*         the National Disability Coordination Officer Program to assist people with disability to access and participate in higher education and vocational education and training, and subsequent employment; thereby facilitating the transition between education, training and employment for people with disability; and

*         the development, maintenance and ongoing operation of the Higher Education Admissions Information Platform.

 

The Skills Checkpoint for Older Workers Program is part of the Government's More Choices for a Longer Life Package which was announced in the 2018-19 Budget.  Funding for the High Achieving Teachers Program was also included in the 2018-19 Budget.

 

The Minister for Education and Training has portfolio responsibility for these matters.  The Minister for Jobs and Innovation and the Assistant Minister for Vocational Education and Skills have responsibility for the Skills Checkpoint for Older Workers Program including the Skills and Training Incentive. 

 

Human rights implications

 

The Regulations do not engage any of the applicable rights or freedoms.

 

Conclusion

 

These Regulations are compatible with human rights as they do not raise any human rights issues.

 

Senator the Hon Mathias Cormann

Minister for Finance


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