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1998-1999-2000
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
SENATE
AUSTRALIAN
RESEARCH COUNCIL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL
2000
REVISED EXPLANATORY
MEMORANDUM
(Circulated by authority
of the Minister for Education, Training and Youth Affairs,
the Honourable
Dr David Kemp MP)
THIS
MEMORANDUM TAKES ACCOUNT OF AMENDMENTS MADE BY THE HOUSE OF REPRESENTATIVES TO
THE BILL AS INTRODUCED
ISBN: 0642 453969
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 and that $3,500,000 of
year 2000 funding under paragraph 23C(2)(h) of HEFA is to be made available for
appropriation in 2001 under the Australian Research Council Act
2000.
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(s)
Clause 3 provides
that each Act that is specified in a Schedule is amended or repealed as set out
in the applicable Schedule.
This item repeals the Employment, Education and Training Act 1988.
The Australian Research Council will now be constituted under the Australian
Research Council Act 2000.
This item 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 item 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 item 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
item enables the Minister to approve the institution or body’s research
and research training management plan.
The item 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 item 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 item will be a disallowable instrument.
This item reduces the amount of funding provided under paragraph
23C(2)(h) for 2000 to facilitate a carryover of the funds to 2001. Funding
previously available under this section is to be appropriated under the
Australian Research Council Act 2000.
This item increases the maximum funding available under this section for
2001. This takes into account both the transfer of funds from section 17(m)
(under item 1) and that funding previously available under this section is to be
appropriated under the Australian Research Council Act
2000.
Item 6 – Paragraph 23C(2)(j)
This item
increases the maximum funding available under this section for 2002. This takes
into account both the transfer of funds from section 17(n) (under item 2) and
that funding previously available under this section is to be appropriated under
the Australian Research Council Act 2000.
Item 7 – At
the end of paragraph 110(b)
This item 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 item
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 item defines the terms that are used in this schedule.
This item 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 item 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 item 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 item 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.
This item 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.
This item 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.
This item 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.
This item 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’.