Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1998 - 1999 - 2000
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
AUSTRALIAN
RESEARCH COUNCIL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL
2000
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for Education, Training and Youth Affairs the Hon
Dr David Kemp MP)
ISBN: 0642 452547
AUSTRALIAN RESEARCH COUNCIL (CONSEQUENTIAL AND
TRANSITIONAL PROVISIONS) BILL 2000
OUTLINE
The Australian Research Council (Consequential and Transitional Provisions)
Bill 2000 will implement a number of initiatives announced in the
Government’s 1999 policy statement Knowledge and Innovation: A policy
statement on research and research training.
The amendments
to the Higher Education Funding Act 1988 (HEFA) deal with the
introduction of the two performance-based block funding schemes outlined in
Knowledge and Innovation, as well as the introduction of a quality
assurance framework for higher education research. These schemes, the
‘Institutional Grants Scheme’ and the ‘Research Training
Scheme’ have been formed from the consolidation of assistance previously
made available through grants for expenditure for operating purposes (allocated
under section 15 of HEFA) and special research assistance (section 23 of
HEFA).
As outlined in Knowledge and Innovation, access to the
block funded schemes will be limited to those institutions that are listed on
the Australian Qualifications Framework and that submit an acceptable research
and research training management plan. This Bill incorporates these
requirements into the conditions of funding for special research assistance
(section 23).
The Bill also repeals the Employment, Education and
Training Act 1988, as well as outlines the transitional arrangements arising
from the repeal of that Act and the commencement of the Australian Research
Council Act 2000.
FINANCIAL IMPACT
In accordance with the changes to the Commonwealth’s funding
framework for research funding, this Bill transfers funds from the funds for
operating purposes under HEFA (section 15) to special research assistance
(section 23). The amendment also takes into account that funds previously
allocated under special research assistance will be appropriated under the
Australian Research Council Act 2000 from 2001.
When both the
Australian Research Council Bill 2000 and this Bill are taken into account,
there is no net financial impact.
AUSTRALIAN RESEARCH COUNCIL (CONSEQUENTIAL AND TRANSITIONAL
PROVISIONS) BILL 2000
NOTES ON CLAUSES
Clause 1 - Short Title
This clause provides for this Act to
be cited as the Australian Research Council (Consequential and Transitional
Provisions) Act 2000.
Clause 2 - Commencement
This
clause provides for this Act to commence on the same day as the Australian
Research Council Act 2000. It is intended that that Act commence on 1
January 2001.
Clause 3 - Schedule
This clause provides for
those Acts that are named in either of the two schedules of this Bill to be
amended by the provisions in the Schedule.
This clause repeals the Employment, Education and Training Act
1988. The Australian Research Council will now be constituted under the
Australian Research Council Act 2000.
This clause reduces the maximum grants available for 2001 under this
section. This reflects the transfer of funds that were previously allocated
under section 15 Grants for expenditure for operating purposes that will
now be allocated under section 23 Special research assistance.
This clause reduces the maximum grants available for 2002 under this
section. This reflects the transfer of funds that were previously allocated
under section 15 Grants for expenditure for operating purposes that will
now be allocated under section 23 Special research assistance.
This clause inserts the new requirements for special research assistance,
namely that there is an approved research and research training management plan
for the institution for that year, and that the institution is an accredited
‘higher education institution or body’.
The research and
research training management plan is part of the quality assurance framework
that was outlined in Knowledge and Innovation. This plan must be in
writing. It is envisaged that the plans will contain a comprehensive overview
of the institution’s approach to managing its research and research
training activities; its areas of research strength; past research and research
training performance; and the performance targets to which the institution
aspires and the strategies to be adopted to achieve those targets.
The
clause enables the Minister to approve the institution or body’s research
and research training management plan.
The clause also defines an
‘accredited higher education institution or body’ as one that is
listed on both the Australian Qualification Framework Register of Authorities
empowered by Government to Accredit Post-Compulsory Education and Training
Courses and the Australian Qualifications Framework Register of Bodies with
Authority to Issue Qualifications. Each state and territory government has
specific requirements that must be met before an institution can be included in
these registers.
The clause also enables the Minister to determine the
requirements for a research and research training management plan to be declared
acceptable and for any other requirements to be satisfied for an institution or
body to be an accredited higher education institute or body. Any determination
made under this clause will be a disallowable instrument.
This clause increases the maximum funding available under this section
for 2001. This takes into account both the transfer of funds from section 17(m)
(under clause 1) and that funding previously available under this section is to
be appropriated under the Australian Research Council Act
2000.
Clause 6 – Paragraph 23C(2)(j)
This clause
increases the maximum funding available under this section for 2002. This takes
into account both the transfer of funds from section 17(n) (under clause 2) and
that funding previously available under this section is to be appropriated under
the Australian Research Council Act 2000.
Clause 7 –
Paragraph 110(b)
This clause provides for a determination made by the
Minister under the new subsection 23(1E) to be a disallowable instrument. This
reflects amendments to the old HEF Act as set out in clause 4.
It should be noted that there are no express provisions that cover the
transitional arrangements for the staff of the old ARC and that of the new ARC.
It is expected that the transfer of staff from the Department of Education,
Training and Youth Affairs to the new Australian Research Council will involve
the process outlined in the Public Service Regulations 1999 concerning
the transfer of employees between APS agencies. As provided for in the
Australian Research Council Bill 2000, employees of the ARC will be engaged
under the Public Service Act 1999.
This clause defines the terms that are used in this schedule.
This clause provides for the resolution of any matters that the Minister
referred to the old ARC for policy advice that had not yet been presented to the
Minister before the commencement of the new Act. The new ARC will have to
respond to that request as if it had been made under the new Act.
This clause provides for the continuation of any direction or guideline
in force under subsection 29(1) of the old EET Act to have effect as a direction
or guideline under the new Act after commencement.
This clause provides for the approval of funding grants for research
programmes administered by the ARC under the old HEF Act to be considered as an
approval that has been made under and in accordance with the requirements of the
new ARC Act. This is intended to ensure continuity of funding for current
research grants that were approved until the commencement of the new
Act.
This clause ensures that any recommendation for funding, that is still
under consideration by the Minister at the time of the commencement of the new
Act, will be considered under the same rules and requirements that were in force
when the ARC made its recommendation to the Minister. This is to ensure that a
recommendation for funding cannot be rejected on the grounds that the rules
governing allocation of financial assistance had changed.
If such a grant
is approved for funding by the Minister after the commencement of the Act, it
will have the same effect as an approval made under and in accordance with the
requirements of the new Act.
Clause 6 – Funding rules for
2001
This clause enables any guidelines approved by the Minister, in
relation to schemes administered by the old ARC for the year 2001 or later
years, that were in force immediately before commencement, to be considered as
if they were funding rules under the new Act.
Clause 7 – Funding
split determination for 2001
This clause enables the Minister to
fulfil the obligation in the new Act to determine the proportion of funding to
be allocated for each category of research, to be made as soon as practicable
after the start of the year. This is because the commencement date of the new
Act will not be until, at the earliest, 1 January 2001.
Clause 8
– Final Report on operations of old ARC
This clause requires
the new ARC to include in its Annual Report for the year 2000-01, a report on
the operations of the old ARC for the period 1 July 2000 until the commencement
of the new Act. The Annual Report must include any information that was
required under subsections 30(1) and (2) of the old EET Act.
Clause 9
– References in other Commonwealth laws to kinds of institution defined in
the old EET Act
This clause provides for any definitions and
provisions contained in Part 1 of the old EET Act to continue in force after the
commencement for the purposes of those laws of the Commonwealth that refer to
these definitions. These institutions include a definition of
‘school’, ‘higher education institution’ and
‘technical and further education institution’.