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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Employment,
Education and Training Amendment Bill
1996
No. ,
1996
(Employment, Education, Training and Youth
Affairs)
A Bill for an Act to amend the
Employment, Education and Training Act 1988, and for related
purposes
Contents
Part
1—Amendments 6eeta0s1.html
Employment, Education and Training Act
1988 6eeta0s1.html
Part 2—Transitional
provisions 6eeta0s1.html
Bounty (Books) Act
1986 6eeta0s1.html
Overseas Student (Refunds) Act
1990 6eeta0s1.html
A Bill for an Act to
amend the Employment, Education and Training Act
1988, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Employment, Education and Training
Amendment Act 1996.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Employment,
Education and Training Act 1988
1 Subsection 3(1) (definition of
Board)
Repeal the definition.
2 Subsection 3(1) (definition of
curricula)
Omit “schools or”.
3 Subsection 3(1) (definition of educational
materials)
Omit “schools or”.
4 Subsection 3(1) (definition of parent
body)
Repeal the definition.
5 Subsection 3(1) (definition of
school)
Repeal the definition.
6 Subsection 3(1) (definition of school
system)
Repeal the definition.
7 Part II
Repeal the Part.
8 Paragraphs 23(a), (c) and
(e)
Repeal the paragraphs.
9 Section 24
Repeal the section.
10 Paragraph 25(1)(a)
Repeal the paragraph, substitute:
(a) to inquire into, and to provide information and advice to the Minister
on:
(i) any matter relating to higher education that is referred to the
Council by the Minister; or
(ii) any other matter on which information or advice may reasonably be
required by the Minister in conjunction with information or advice about a
matter referred to the Council under subparagraph (i); and
11 Paragraph 25(1)(b)
Omit “Board”, substitute “Minister”.
12 At the end of paragraph
25(1)(b)
Add “and”.
13 Paragraph 25(1)(c)
Omit “Board”, substitute “Minister”.
14 At the end of subparagraph
25(1)(c)(ii)
Add “and”.
15 At the end of subsection
25(1)
Add:
; and (e) to prepare and give reports to the Minister under section 30;
and
(f) to publish, or arrange for the publication of, reports, papers and
periodicals on matters dealt with by the Council in the course of the
performance of its functions; and
(g) to collect, assess and disseminate information on matters dealt with
by the Council in the course of the performance of its functions and to promote,
and assist in, the collection, assessment and dissemination of such
information.
16 After subsection 25(1)
Insert:
(1A) Before referring a matter to the Council under subparagraph
(1)(a)(i), the Minister must consult with the Chairperson of the Council on the
matter.
17 Subsection 25(3)
Repeal the subsection, substitute:
(3) The Minister must cause a copy of any report prepared under paragraph
(1)(c) to be laid before each House of the Parliament within 15 sitting days of
that House after the Minister has received the report.
18 At the end of section 25
Add:
(4) Without limiting the generality of matters relating to higher
education that may be referred to the Council under paragraph (1)(a), those
matters include the following:
(a) the general development of higher education in Australia;
(b) the establishment of the priorities to be given in dealing with the
needs of higher education institutions and other institutions providing higher
education;
(c) the funding, planning and implementation of programs aimed at meeting
such priorities referred to in paragraph (b) as have been, or may be,
established;
(d) the granting of financial assistance by the Commonwealth in respect of
higher education institutions and other institutions offering higher
education;
(e) the identification of national objectives, needs and priorities in the
field of higher education;
(f) the provision of assistance for persons having difficulty in obtaining
higher education;
(g) the encouragement of a greater level of involvement in higher
education on the part of the business and industrial sectors;
(h) the creation and development of educational materials and
curricula;
(i) the overall allocation of financial assistance by the Commonwealth in
respect of higher education;
(j) the granting of financial assistance under Part VII in respect of
innovative or curriculum projects;
(k) the promotion of informed public debate on matters relating to higher
education through the involvement of employers, trade unions and the
community.
19 Section 26
Repeal the section.
20 Paragraph 27(1)(a)
After “recommendations”, insert “, in
writing,”.
21 At the end of subparagraph
27(1)(a)(ii)
Add “and”.
22 Paragraph 27(1)(b)
Repeal the paragraph, substitute:
(b) to inquire into, and to provide information and advice to the Minister
on:
(i) any matter relating to national research priorities or the
coordination of research policy that is referred to the Council by the Minister
; or
(ii) any other matter on which information or advice may reasonably be
required by the Minister in conjunction with information or advice about a
matter referred to the Council under subparagraph (i); and
23 Paragraph 27(1)(c)
Omit “Board”, substitute “Minister”.
24 At the end of subsection
27(1)
Add:
; and (d) to prepare and give reports to the Minister under section 30;
and
(e) to publish, or arrange for the publication of, reports, papers and
periodicals on matters dealt with by the Council in the course of the
performance of its functions; and
(f) to collect, assess and disseminate information on matters dealt with
by the Council in the course of the performance of its functions and to promote,
and assist in, the collection, assessment and dissemination of such
information.
25 Subsection 27(2)
Repeal the subsection, substitute:
(2) Before referring a matter to the Council under subparagraph (1)(a)(i)
or (1)(b)(i), the Minister must consult with the Chairperson of the Council on
the matter.
26 At the end of section 27
Add:
(4) Without limiting the generality of the matters relating to national
research priorities or the co-ordination of research policy that may be referred
to the Council under paragraph (1)(b), those matters include the
following:
(a) the support to be given to fundamental research and to research that
will contribute directly to the economic or social development of
Australia;
(b) the development and implementation of research programs, or the
establishment and maintenance of special research centres or key centres of
teaching and research, by institutions;
(c) the allocation of funds to achieve an appropriate concentration of
research effort in institutions;
(d) measures (including the implementation of programs for post-graduates
and the grant of post-graduate scholarships) aimed at enhancing the training of
research personnel;
(e) measures aimed at improving interaction among the higher education
sector, the private research sector, the government research sector and the
industrial sector;
(f) the identification of areas in which research should be carried out as
a matter of priority;
(g) encouraging and facilitating the application or utilisation, in a
manner beneficial to Australia, of the outcomes of research;
(h) the identification of areas of research that will contribute directly
to the economic or social development of Australia;
(i) stimulating a greater awareness of the necessity for
research;
(j) making a more effective use of the skills and resources available in
the community for research;
(k) the overall allocation of financial assistance by the Commonwealth in
respect of research;
(l) policies relating to the grant of scholarships, fellowships, and other
research grants under schemes administered by the Minister;
(m) the granting of financial assistance under Part VII for innovative or
curriculum projects.
27 Section 27A
Repeal the section.
28 Section 28
Repeal the section, substitute:
If the Higher Education Council and the Australian Research Council are
each required under this Part to provide information or advice to the Minister
on a matter that has been referred to it by the Minister, both Councils may
co-operate in providing the information or advice.
29 Subsection 29(1)
Omit “Board”, substitute “Minister”.
30 Subsection 29(2)
Repeal the subsection.
31 After subsection 29(3)
Insert:
(3A) The Minister must cause a copy of any direction or guideline given
under subsection (1) to be laid as soon as practicable before each House of the
Parliament.
32 Section 30
Repeal the section, substitute:
(1) As soon as practicable after the end of each financial year, each
Council must prepare and give to the Minister a report on the operations of the
Council during that year.
(2) Without limiting the matters that may be included in a report under
subsection (1), the report must include information about:
(a) the matters referred by the Minister to the Council, the reports
prepared by the Council on those matters and the persons, bodies and authorities
(if any) consulted by the Council in preparing those reports; and
(b) the matters in relation to which the Council gave information and
advice to the Minister on its own motion.
(3) In addition to the report referred to in subsection (1), the Council
must give to the Minister such reports relating to the performance of its
functions as the Minister requires and may give such other reports as the
Council thinks fit.
(4) Without limiting subsection (3), the Council must, at such times and
in respect of such periods as the Minister directs, give to the Minister reports
on the matters referred to it by the Minister.
(5) The Minister must cause a copy of each report given under this section
to be laid before each House of the Parliament within 15 sitting days of that
House after the day on which the Minister received the report.
(6) If a report under subsection (1) relates to the financial year in
which the Employment, Education and Training Amendment Act 1996
commenced, it need not deal with the part of the financial year preceding that
commencement.
33 Paragraph 31(2)(a)
Omit “the Board or”.
34 Subsection 32(3)
Repeal the subsection, substitute:
(3) The Minister may appoint an officer or employee of the Australian
Public Service to be a member of a Council if the Minister is of the opinion
that it will be to the advantage of the Council to have as a member such an
officer or employee.
35 Section 34
Repeal the section.
36 Section 36
Repeal the section, substitute:
(1) The Minister may establish a committee to assist either or both of the
Councils in carrying out its or their functions in relation to such matters as
are approved by the Minister.
(2) The Minister may at any time dissolve a committee.
37 Subsection 37(1)
Repeal the subsection, substitute:
(1) Subject to the approval of the Minister, a committee is to consist of
such members as are appointed by:
(a) if the committee has been established to assist one Council—that
Council; or
(b) if the committee has been established to assist both
Councils—each of those Councils.
38 Paragraph 37(2)(a)
Repeal the paragraph, substitute:
(a) consist wholly of persons who are members of the Council or any of the
Councils, as the case requires; or
39 Subsections 37(4) and
(5)
Omit “Board”, substitute “Council or each of the
Councils, as the case requires,”.
40 Section 38
Repeal the section, substitute
(1) The functions of a committee established to assist either or both of
the Councils in connection with any matter are to make such enquiries and give
such reports, with respect to that matter, as the Council, or any of the
Councils, as the case requires, directs.
(2) The Minister may specify the other functions of a committee after
consulting with the Chairperson of the Council, or the Chairpersons of each of
the Councils, as the case requires.
41 Subsection 55(1)
Omit “the Board and”.
42 Subsection 55(2)
Omit “the Board”, substitute “each of the
Councils”.
43 Subsection 55(3)
Omit “Board”, substitute “Councils”.
44 At the end of section 55
Add:
(4) The Minister may resolve any conflict between any of the policies
determined, and the directions given to the Director, by the Councils under
subsection (3).
45 Subsection 57(1)
Repeal the subsection, substitute:
(1) The Minister may, after consultation with the Chairperson of a
Council, appoint such Counsellors as the Minister thinks necessary for the
purpose of giving advice to the Council on matters relating to the functions of
the Council.
46 Subsection 57(2)
Omit “ Board”, substitute “Council”.
47 Subsection 60(1)
Omit “prescribed body”, substitute “a Council or a
committee established under section 36 (the
body)”.
48 Subsection 60(2)
Repeal the subsection, substitute:
(2) The disclosure is to be recorded in the minutes of the meeting of the
body and, subject to subsection (2A), the member must not:
(a) be present during any deliberation of the body with respect to the
matter; or
(b) take any part in any decision of the body with respect to the
matter.
(2A) A determination that paragraphs (2)(a) and (b) do not apply in
relation to the member may be made by:
(a) the body; or
(b) if the body is a Council—the Minister; or
(c) if the body is a committee—the Council, or each of the Councils,
for which the committee was established to assist.
49 Subsection 60(3)
Omit “a prescribed body under subsection (2)”, substitute
“the body under subsection (2A)”.
50 Subsection 60(4)
Repeal the subsection.
51 Subsection 61(1)
Omit “The Board or a”, substitute “A”.
52 Subsection 61(1)
Omit “the Board or”.
53 Subsection 61(2)
Omit “the Board or” (wherever occurring).
54 Subsection 62(1)
Omit “the Board” (first occurring), substitute “a
Council”.
55 Subsection 62(1)
Omit “Board” (second occurring), substitute
“Council”.
56 Paragraph 62(2)(a)
Omit “the Board”, substitute “a Council”.
57 At the end of section 62
Add:
(3) The Minister may delegate his or her power under subsection 55(4) to
the Secretary of the Department.
58 Subsection 63(1)
Omit “of the Board and”.
Part
2—Transitional provisions
59 Definition
In this Part, unless the contrary intention appears:
amended Act means the Employment, Education and Training
Act 1988 as amended by Part 1 of this Schedule.
commencement means the commencement of this Part.
60 Report on operations of the Board and
Councils
(1) As soon as practicable after the commencement, the Minister must cause
to be prepared a report on the operations of the Board and of the Councils
during the period that:
(a) started at the end of the last period in respect of which a report on
the operations of the Board and of the Councils was given to the Minister;
and
(b) ended immediately before the commencement.
(2) The Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of that House after the Minister
received the report.
61 Existing matters referred to the Higher
Education Council
A matter that was referred to the Higher Education Council by the Board
under paragraph 25(1)(a) of the Employment, Education and Training Act
1988 before the commencement is taken, after the commencement, to have been
referred to the Council by the Minister under that paragraph of the amended
Act.
62 Existing matters referred to the Australian
Research Council
A matter that was referred to the Australian Research Council by the Board
under paragraph 27(1)(a) or (b) of the Employment, Education and Training Act
1988 before the commencement is taken, after the commencement, to have been
referred to the Council by the Minister under that paragraph of the amended
Act.
63 Existing Chairperson of the Higher Education
Council
If, immediately before the commencement, a person was the Chairperson of
the Higher Education Council on a part-time basis and at the same time was a
member of the Board appointed on a full-time basis, the person’s
appointment as the Chairperson of the Council:
(a) continues in force as if the appointment had been on a full-time
basis; and
(b) so continues in force on the same terms and conditions as the terms
and conditions of the person’s appointment as a member of the
Board.
64 Existing Chairperson of the Australian
Research Council
If, immediately before the commencement, a person was the Chairperson of
the Australian Research Council on a part-time basis and at the same time was a
member of the Board appointed on a full-time basis, the person’s
appointment as the Chairperson of the Council:
(a) continues in force as if the appointment had been on a full-time
basis; and
(b) so continues in force on the same terms and conditions as the terms
and conditions of the person’s appointment as a member of the
Board.
65 Existing committees to assist Higher
Education Council
A committee established to assist the Higher Education Council and that
existed immediately before the commencement continues to be a committee to
assist the Council as if it had been established under subsection 36(1) of the
amended Act.
66 Existing committees to assist Australian
Research Council
A committee established to assist the Australian Research Council and that
existed immediately before the commencement continues to be a committee to
assist the Council as if it had been established under subsection 36(1) of the
amended Act.
67 Existing members of the committee for the
Higher Education Council
A person who, immediately before the commencement, was a member of a
committee that had been established to assist the Higher Education
Council:
(a) continues to be a member of that committee:
(i) for the remainder of the period for which he or she was appointed a
member; and
(ii) on the same terms and conditions on which he or she was holding
office immediately before the commencement; and
(b) is taken to have been appointed under subsection 37(1) of the amended
Act.
68 Existing members of the committee for the
Australian Research Council
A person who, immediately before the commencement, was a member of a
committee that had been established to assist the Australian Research
Council:
(a) continues to be a member of that committee:
(i) for the remainder of the period for which he or she was appointed a
member; and
(ii) on the same terms and conditions on which he or she was holding
office immediately before the commencement; and
(b) is taken to have been appointed under subsection 37(1) of the amended
Act.
69 Existing Counsellors for the Higher Education
Council
A person who, immediately before the commencement, was a Counsellor who had
been appointed to give advice to the Higher Education Council:
(a) continues to be a Counsellor for the Council:
(i) for the remainder of the period for which he or she was appointed a
Counsellor; and
(ii) on the same terms and conditions on which he or she was holding
office immediately before the commencement; and
(b) is taken to have been appointed under subsection 57(1) of the amended
Act.
70 Existing Counsellors for the Australian
Research Council
A person who, immediately before the commencement, was a Counsellor who had
been appointed to give advice to the Australian Research Council:
(a) continues to be a Counsellor for the Council:
(i) for the remainder of the period for which he or she was appointed a
Counsellor; and
(ii) on the same terms and conditions on which he or she was holding
office immediately before the commencement; and
(b) is taken to have been appointed under subsection 57(1) of the amended
Act.
1 Subsection 4(1) (paragraph (b) of the
definition of recognised educational institution)
Repeal the paragraph, substitute:
(b) a school other than a school conducted for the profit, directly or
indirectly, of an individual or individuals; or
2 Subsection 4(1)
Insert:
school means:
(a) a school or similar institution at which full-time primary education
or full-time secondary education, or both, is or are provided; or
(b) a school or similar institution at which education is provided that
includes full-time primary education or full-time secondary education, or
both.
Overseas
Student (Refunds) Act 1990
3 Section 3
Insert:
school means:
(a) a school or similar institution at which full-time primary education
or full-time secondary education, or both, is or are provided; or
(b) a school or similar institution at which education is provided that
includes full-time primary education or full-time secondary education, or
both.
4 Subparagraph 4(1)(b)(iii)
Omit “within the meaning of that Act”.