Senate

Explanatory Memorandum

(Circulated by authority of the Minister for Education, Training and Youth Affairs, the Honourable Dr David Kemp MP)

Schedule 1 - repeals and amendments

Employment, Education and Training Act 1988

Item 1 - The whole of the Act

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 .

Higher Education Funding Act 1988

Item 2 - Paragraph 17(m)

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 .

Item 3 - Paragraph 17(n)

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 .

Item 4 - After subsection 23(1A)

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 institutions 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 bodys 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.

Item 4A - Paragraph 23C(2)(h)

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 .

Item 5 - Paragraph 23C(2)(i)

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.