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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Student Identifiers Amendment (Higher
Education) Bill 2019
No. , 2019
(Education)
A Bill for an Act to amend the
Student Identifiers
Act 2014
, and for related purposes
No. , 2019
Student Identifiers Amendment (Higher Education) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Main amendments
4
Student Identifiers Act 2014
4
Part 2--Contingent amendments
13
Division 1--First contingency
13
Student Identifiers Act 2014
13
Division 2--Second contingency
13
Student Identifiers Act 2014
13
No. , 2019
Student Identifiers Amendment (Higher Education) Bill 2019
1
A Bill for an Act to amend the
Student Identifiers
1
Act 2014
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Student Identifiers Amendment (Higher Education)
5
Act 2019
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Student Identifiers Amendment (Higher Education) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2, Division 1
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
Schedule 1 to the
Education Legislation
Amendment (Tuition Protection and
Other Measures) Act 2019
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 1,
Part 2, Division 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the
Student Identifiers Amendment
(Enhanced Student Permissions) Act
2019
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
No. , 2019
Student Identifiers Amendment (Higher Education) Bill 2019
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1
Amendments
Part 1
Main amendments
4
Student Identifiers Amendment (Higher Education) Bill 2019
No. , 2019
Schedule 1--Amendments
1
Part 1--Main amendments
2
Student Identifiers Act 2014
3
1 Title
4
After "
student identifiers and
", insert "
for
".
5
2 Section 3
6
After:
7
Generally, a registered training organisation must not issue a VET
8
qualification or VET statement of attainment to an individual after
9
2014 unless the individual has a student identifier.
10
insert:
11
Generally, a registered higher education provider must not confer a
12
regulated higher education award on an individual after 2022
13
unless the individual has been assigned a student identifier.
14
3 Section 3
15
Omit "organisation or body involved with vocational education and
16
training", substitute "organisation, body or person involved with
17
vocational education and training or higher education".
18
4 Subsection 4(1)
19
Insert:
20
authorised officer
of the ESOS agency for a registered provider
21
has the same meaning as in the
Education Services for Overseas
22
Students Act 2000
.
23
Education Department
means the Department administered by the
24
Education Minister.
25
Education Minister
means the Minister who administers the
26
Tertiary Education Quality and Standards Agency Act 2011
.
27
Amendments
Schedule 1
Main amendments
Part 1
No. , 2019
Student Identifiers Amendment (Higher Education) Bill 2019
5
ESOS agency
for a provider or registered provider
has the same
1
meaning as in the
Education Services for Overseas Students Act
2
2000
.
3
member of the staff of TEQSA
has the same meaning as in the
4
Tertiary Education Quality and Standards Agency Act 2011
.
5
registered higher education provider
has the same meaning as in
6
the
Tertiary Education Quality and Standards Agency Act 2011
.
7
regulated higher education award
has the same meaning as in the
8
Tertiary Education Quality and Standards Agency Act 2011
.
9
TEQSA Commissioner
means a Commissioner of the Tertiary
10
Education Quality and Standards Agency.
11
Tertiary Admission Centre
has the same meaning as in the
12
Tertiary Education Quality and Standards Agency Act 2011
.
13
TPS Director
means the person holding office as the TPS Director
14
under the
Education Services for Overseas Students Act 2000
.
15
TPS officer
has the same meaning as in the
Education Services for
16
Overseas Students Act 2000
.
17
5 Section 8
18
Omit "organisation or body involved with vocational education and
19
training", substitute "organisation, body or person involved with
20
vocational education and training or higher education".
21
6 After paragraph 9(2)(b)
22
Insert:
23
(ba) a registered higher education provider;
24
(bb) a Tertiary Admission Centre;
25
7 Paragraph 11(1)(a)
26
Omit "a registered training organisation, VET admission body or other
27
entity", substitute "an entity".
28
8 Subsection 11(1)
29
Omit "organisation, body or" (wherever occurring).
30
Schedule 1
Amendments
Part 1
Main amendments
6
Student Identifiers Amendment (Higher Education) Bill 2019
No. , 2019
9 Subsection 11(2)
1
Omit "registered training organisation, VET admission body or other".
2
10 After paragraph 12(2)(b)
3
Insert:
4
(ba) the Secretary of, or an APS employee in, the Education
5
Department; and
6
11 At the end of subsection 14(1)
7
Add:
8
; (e) a registered higher education provider;
9
(f) a Tertiary Admission Centre authorised by the individual to
10
make a request under this section;
11
(g) the Secretary of the Education Department;
12
(h) an APS employee in the Education Department;
13
(i) a person who performs services for or on behalf of the
14
Commonwealth in connection with the performance of
15
functions, or the exercise of powers, under the
Higher
16
Education Support Act 2003
or any instrument made under
17
that Act;
18
(j) a TEQSA Commissioner;
19
(k) the Chief Executive Officer of the Tertiary Education Quality
20
and Standards Agency;
21
(l) a member of the staff of TEQSA;
22
(m) a person who performs services for or on behalf of the
23
Commonwealth in connection with the performance of
24
functions, or the exercise of powers, under the
Tertiary
25
Education Quality and Standards Agency Act 2011
or any
26
instrument made under that Act;
27
(n) the TPS Director;
28
(o) an ESOS agency for a provider or registered provider;
29
(p) a TPS officer;
30
(q) an authorised officer of the ESOS agency for a registered
31
provider.
32
12 At the end of section 18
33
Add:
34
Amendments
Schedule 1
Main amendments
Part 1
No. , 2019
Student Identifiers Amendment (Higher Education) Bill 2019
7
(3) The Registrar is authorised to use or disclose a student identifier of
1
an individual if the use or disclosure is for the purposes of
2
research:
3
(a) that relates (directly or indirectly) to the provision of higher
4
education; and
5
(b) that meets the requirements specified in an instrument under
6
subsection (4).
7
(4) The Education Minister must, by legislative instrument, specify
8
requirements for the purposes of paragraph (3)(b).
9
13 After section 18A
10
Insert:
11
18B Collection, use or disclosure for purposes of higher education
12
(1) A person referred to in subsection (2) is authorised to collect, use
13
or disclose a student identifier of an individual if the collection, use
14
or disclosure is reasonably necessary for the purposes of
15
performing functions or exercising powers in relation to:
16
(a) the
Higher Education Support Act 2003
; or
17
(b) any instrument made under that Act.
18
(2) The persons are the following:
19
(a) the Secretary of the Education Department;
20
(b) an APS employee in the Education Department;
21
(c) a person who performs services for or on behalf of the
22
Commonwealth in connection with the performance of
23
functions, or the exercise of powers, under the
Higher
24
Education Support Act 2003
or any instrument made under
25
that Act;
26
(d) the Commissioner of Taxation.
27
(3) A person referred to in subsection (4) is authorised to collect, use
28
or disclose a student identifier of an individual if the collection, use
29
or disclosure is reasonably necessary for the purposes of
30
performing functions or exercising powers in relation to:
31
(a) the
Tertiary Education Quality and Standards Agency Act
32
2011
; or
33
(b) any instrument made under that Act.
34
Schedule 1
Amendments
Part 1
Main amendments
8
Student Identifiers Amendment (Higher Education) Bill 2019
No. , 2019
(4) The persons are the following:
1
(a) a TEQSA Commissioner;
2
(b) the Chief Executive Officer of the Tertiary Education Quality
3
and Standards Agency;
4
(c) a member of the staff of TEQSA;
5
(d) a person who performs services for or on behalf of the
6
Commonwealth in connection with the performance of
7
functions, or the exercise of powers, under the
Tertiary
8
Education Quality and Standards Agency Act 2011
or any
9
instrument made under that Act.
10
(5) A registered higher education provider is authorised to collect, use
11
or disclose a student identifier of an individual if the collection, use
12
or disclosure is reasonably necessary in connection with the
13
operation of:
14
(a) the
Higher Education Support Act 2003
or
Tertiary
15
Education Quality and Standards Agency Act 2011
; or
16
(b) any instrument made under that Act.
17
18C Collection, use or disclosure for purposes of education services
18
for overseas students
19
(1) An entity referred to in subsection (2) is authorised to collect, use
20
or disclose a student identifier of an individual if the collection, use
21
or disclosure is reasonably necessary for the purposes of
22
performing functions or exercising powers in relation to:
23
(a) the
Education Services for Overseas Students Act 2000
; or
24
(b) any instrument made under that Act.
25
(2) The entities are the following:
26
(a) the Secretary of the Department administered by the Minister
27
administering the
Education Services for Overseas Students
28
Act 2000
;
29
(b) the TPS Director;
30
(c) a TPS officer;
31
(d) an ESOS agency for a provider or registered provider;
32
(e) an authorised officer of the ESOS agency for a registered
33
provider.
34
Amendments
Schedule 1
Main amendments
Part 1
No. , 2019
Student Identifiers Amendment (Higher Education) Bill 2019
9
(3) A registered higher education provider is authorised to collect, use
1
or disclose a student identifier of an individual if the collection, use
2
or disclosure is reasonably necessary in connection with the
3
operation of:
4
(a) the
Education Services for Overseas Students Act 2000
; or
5
(b) any instrument made under that Act.
6
14 At the end of section 25
7
Add:
8
(3) The use or disclosure by the Registrar of personal information
9
about an individual is taken, for the purposes of the
Privacy Act
10
1988
, to be authorised by this Act if the use or disclosure is for the
11
purposes of research:
12
(a) that relates (directly or indirectly) to the provision of higher
13
education; and
14
(b) that meets the requirements specified in an instrument under
15
subsection (4).
16
(4) The Education Minister must, by legislative instrument, specify
17
requirements for the purposes of paragraph (3)(b).
18
15 Section 30
19
After "staff from the Department", insert "or the Education
20
Department".
21
16 Section 30
22
After "annually to the Commonwealth Minister", insert ", the Education
23
Minister".
24
17 At the end of Subdivision A of Division 2 of Part 4
25
Add:
26
33A Education Minister may give directions to the Registrar
27
(1) The Education Minister may, by legislative instrument, give
28
written directions to the Registrar about the performance of the
29
Registrar's functions in relation to higher education.
30
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
31
Legislation Act 2003
do not apply to the directions (see regulations
32
Schedule 1
Amendments
Part 1
Main amendments
10
Student Identifiers Amendment (Higher Education) Bill 2019
No. , 2019
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
1
Act).
2
(2) The Registrar must comply with a direction under subsection (1).
3
18 At the end of section 45
4
Add "or by the Secretary of the Education Department".
5
19 Subsection 51(2)
6
After "copy of the report to the", insert "Education Minister and the".
7
20 Section 52
8
After:
9
Generally, a registered training organisation must not issue a VET
10
qualification or VET statement of attainment to an individual after
11
2014 unless the individual has a student identifier.
12
insert:
13
Generally, a registered higher education provider must not confer a
14
regulated higher education award on an individual after 2022
15
unless the individual has been assigned a student identifier. The
16
Education Minister and the Registrar can give exemptions.
17
21 After section 53
18
Insert:
19
53A Conferral of regulated higher education awards
20
(1) A registered higher education provider must not confer a regulated
21
higher education award on an individual unless the individual has
22
been assigned a student identifier.
23
Exemptions given by Education Minister
24
(2) Subsection (1) does not apply to a conferral specified in an
25
instrument under subsection (3).
26
Amendments
Schedule 1
Main amendments
Part 1
No. , 2019
Student Identifiers Amendment (Higher Education) Bill 2019
11
(3) The Education Minister may, by legislative instrument, specify a
1
conferral to which subsection (1) does not apply, by reference to
2
one or more of the following:
3
(a) the registered higher education provider doing the conferring;
4
(b) the regulated higher education award being conferred;
5
(c) the individual on whom the regulated higher education award
6
is being conferred.
7
Note:
For specification by class, see subsection 13(3) of the
Legislation Act
8
2003
.
9
Exemptions given by Registrar
10
(4) Subsection (1) does not apply in relation to an individual if a
11
determination under subsection (6) is in force in relation to the
12
individual.
13
(5) An individual may request the Registrar to make a determination
14
that subsection (1) does not apply in relation to the individual. The
15
request must:
16
(a) be made in a manner and form approved by the Registrar;
17
and
18
(b) include any information required by the Registrar.
19
(6) If an individual makes a request under subsection (5), the Registrar
20
must, by writing, make, or refuse to make, the determination
21
requested.
22
(7) The Registrar must, in making a decision on the request, have
23
regard to the matters (if any) determined in an instrument under
24
subsection (9).
25
(8) The Registrar must give the person notice of the Registrar's
26
decision on the request. If the Registrar refuses to make the
27
determination requested, the notice must include reasons for the
28
refusal.
29
(9) The Education Minister may, by legislative instrument, determine
30
matters for the purposes of subsection (7).
31
(10) An instrument under subsection (6) is not a legislative instrument.
32
(11) If:
33
(a) the Registrar assigns a student identifier to an individual; and
34
Schedule 1
Amendments
Part 1
Main amendments
12
Student Identifiers Amendment (Higher Education) Bill 2019
No. , 2019
(b) immediately before the assignment, a determination under
1
subsection (6) is in force in relation to the individual;
2
then that determination is taken to be revoked immediately after
3
the assignment.
4
(12) The matters covered by subsections (3) and (9) may be included in
5
the same instrument.
6
22 After subsection 57(2)
7
Insert:
8
(2A) However, subsection (2) does not apply in relation to the making of
9
particular regulations if the Education Minister:
10
(a) is satisfied that the regulations are in respect of matters
11
relating to higher education; and
12
(b) recommends to the Governor-General the making of the
13
regulations.
14
23 Application provision
15
Section 53A of the
Student Identifiers Act 2014
, as inserted by this Part,
16
applies in relation to the conferring of a regulated higher education
17
award on an individual on or after 1 January 2023, whether the
18
individual commenced the course of study leading to the award before,
19
on or after that day.
20
Amendments
Schedule 1
Contingent amendments
Part 2
No. , 2019
Student Identifiers Amendment (Higher Education) Bill 2019
13
Part 2--Contingent amendments
1
Division 1
--First contingency
2
Student Identifiers Act 2014
3
24 Subsection 4(1)
4
Insert:
5
HELP Tuition Protection Director
has the same meaning as in the
6
Higher Education Support Act 2003
.
7
VSL Tuition Protection Director
has the same meaning as in the
8
VET Student Loans Act 2016
.
9
25 After paragraph 14(1)(n)
10
Insert:
11
(na) the VSL Tuition Protection Director;
12
(nb) the HELP Tuition Protection Director;
13
26 Section 18A
14
After "body", insert ", the VSL Tuition Protection Director".
15
27 After paragraph 18B(2)(b)
16
Insert:
17
(ba) the HELP Tuition Protection Director;
18
Division 2
--Second contingency
19
Student Identifiers Act 2014
20
28 Paragraph 29E(4)(a)
21
After "Department", insert "or in the Education Department".
22
29 At the end of paragraph 29E(4)(b)
23
Add "or in the Education Department".
24