BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION AMENDMENT BILL 2005 Second Reading Speech

Northern Territory Second Reading Speeches

BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION AMENDMENT BILL 2005

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Information :
Bill presented and read a first time.

Mr STIRLING (Employment, Education and Training): Madam Speaker, I move the bill be read a second time.

The purpose of the bill is to ensure governance of Batchelor Institute of Indigenous Tertiary Education, BIITE, is in line with preferred national practice in the higher education sector. The bill, Madam Speaker, amends the Batchelor Institute of Indigenous Tertiary Education Act to incorporate new national government protocols for higher education institutions. The Commonwealth Department of Education, Science and Training has defined percentage increases in Commonwealth grant scheme funding for higher education institutions that are dependent on meeting certain workplace reforms, including compliance with national governance protocols. Therefore, an additional purpose of these changes can ensure BIITE can access maximum Commonwealth government funding flowing from its compliance with the national protocols.

Without these amendments BIITE will not receive a 5% increase in funding for 2006 from the Commonwealth government. This is equal to approximately $0.4m. The Territory, along with all other state and territory governments is upgrading legislation to ensure that the requirements that the protocols are reflected in their legislation for higher education institutions. The issues addressed in the amendments of the act in relation to the BIITE governing council are: requiring some members with financial and commercial expertise; making explicit the duties of members; vacation of office if a member is otherwise disqualified from acting as a director of a company; and the power to remove any member. The amendments ensure that the BIITE Council has at least two members with financial expertise, and one of those two to also have commercial expertise. This must be demonstrated by relevant qualifications at a senior level in the public or private sector.

The proposed bill spells out the government’s duties of the members of council, in addition to penalties for breach of duties. The duties include: must act solely in the interests of the institution as a whole, with this obligation to be observed in priority to any duties that a member may owe to those electing or appointing him or her; must act in good faith and honestly; must exercise appropriate care and diligence; must not use his or her office to improperly gain an advantage either for the member or another person; and must disclose and avoid conflicts of interest. A member must automatically vacate the office if he or she is, or becomes disqualified acting as a director of a company, or managing corporations under part 2D.6 of the Corporations Act. The proposed bill meets the requirement that the government body has the power by a two-thirds majority to remove any member of the BIITE Council. The two-thirds majority ensures that there is broad consensus for removal from the council before this occurs.

The bill promotes national consistency in the regulation of governance of higher education institutions. I commend the bill to honourable members. I table the accompanying explanatory statement.

Debate adjourned.

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