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Australian Technical Colleges (Flexibility in Achieving
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Australian Technical Colleges
(Flexibility in Achieving
Date introduced:
House: Representatives
Portfolio: Education, Science and Training
Commencement: Royal Assent
The purpose of the Australian Technical Colleges (Flexibility in Achieving
Australia's Skills Needs) Amendment Bill 2006 (the Bill) is to amend the
Australian Technical Colleges (Flexibility in Achieving
The current Act implemented a 2004 Coalition election promise. It provides
for the establishment of 25 Australian Technical Colleges (ATCs) for up
to 7,500 year 11 and 12 students in 24 nominated regions across
The nominated regions are:
| NSW |
Central Coast (Gosford); Dubbo; the Hunter; the Illawarra; Lismore/Ballina; Port Macquarie; Queanbeyan; Western Sydney. |
| NT |
|
| QLD |
|
| SA |
|
| TAS |
|
| VIC |
|
| WA |
|
To date the Australian Government has announced 21 successful ATC proposals.
Four ATCs (in
The need to shift funds between program years has occurred because more ATCs are scheduled to commence operations in 2006 and 2007 than were originally anticipated. The measure to shift funds between program years has no financial impact because the total amount of funds is unchanged.
While the establishment of ATCs has developed at a greater pace than
anticipated, recent reports suggest that the establishment of some ATCs,
particularly those in NSW at Dubbo, Queanbeyan and Lismore/Ballina, has
been problematic because bidders have failed to satisfy tender requirements.
The Minister for Vocational Training and Education is reported as saying
that ATCs may be offered to other regions if agreement cannot be reached.
There are also concerns that the ATCs proposed for
Similar to a recent amendment to the Schools
Assistance (Learning Together—Achievement Through Choice and
The proposed amendment will provide greater administrative flexibility, allowing the government to expedite the reallocation of funds between program years because of changing or unexpected circumstances in the delivery of the ATC program. However, while regulations are subject to the standard disallowance procedures by either House under the Legislative Instruments Act 2003, it is nonetheless arguable that removing the requirement for legislative amendment may result in a lesser degree of parliamentary scrutiny for any changes to the ATC program. Similar concerns were also raised about provisions in the Student Assistance Legislation Amendment Bill 2005 and the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005. In both there are provisions that replace requirements for legislative amendment with the power to amend by regulations and guidelines.(7)
Items 1 to 4 of Schedule 1 redistribute the funding for ATCs between program years as originally specified in subsection 18(4) of the current Act. Funding for 2006 and 2007 is increased to $110 million for each year; funding for 2008 is reduced to $55 million and for 2009 to $52.8 million.
Item 6 of Schedule 1 inserts a new section 20A in the current Act. It provides that grant amounts can be moved between program years by the making of regulations.
As the Explanatory Memorandum states, the regulation making power is intended to provide greater flexibility and efficiency in the administration of the ATC program. However a question remains about the level of parliamentary scrutiny that will be applied to the delivery of the program.
This paper has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Information and Research Service, nor do they constitute professional legal opinion.
ISSN 1328-8091
© Commonwealth of Australia 2006
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Published by the Parliamentary Library, 2006.