House of Representatives

Explanatory Memorandum

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

Schedule 4 - Electronic communications with students

Higher Education Funding Act 1988

Items 1 and 2

Insert definitions for electronic communication and information system in section 3.

Item 3

Inserts proposed new sections 56C, 56D and 56E at the end of Division 2 of Part 4.2, providing for electronic communications between institutions and students.

(NOTE: proposed section is abbreviated as ps)

ps56C Electronic communications from students to institutions

This proposed section enables a student to communicate electronically with institutions for the purposes of HECS where the student uses the information system that the institution has specified. The information system must meet the guidelines issued by the Minister and the Minister must declare that the information system meets those guidelines. The guidelines and the Ministers declaration will be disallowable instruments. These requirements are in place to ensure that institutions information systems meet security, privacy and legal requirements. Proposed subsection 56C(2) only applies at a time when section 9 of the Electronic Transactions Act 1999 does not apply because of regulations made under that Act.

ps56D Electronic signature of communications by students

This proposed section enables students to use an electronic signature in relation to an approved document for the purposes of HECS, where the student uses a method for identification and document approval that the institution has specified. The method used must meet the guidelines issued by the Minister and the Minister must declare that the method used meets those guidelines. The guidelines and the Ministers declaration will be disallowable instruments. These requirements are in place to ensure that institutions information systems meet security, privacy and legal requirements. Proposed subsection 56D(2) only applies at a time when section 10 of the Electronic Transactions Act 1999 does not apply because of regulations made under that Act.

ps56E Electronic communications from institutions to students

This proposed section allows institutions to communication electronically with students without specifically seeking student agreement. Institutions may only communicate with students in this way if the institution provides students with access to the necessary information systems. There is provision for the Minister to make guidelines setting out the conditions relating to access.

Item 4

Inserts proposed new section 106CA at the end of Division 1 of Part 5.2, facilitating electronic communications between clients and the Open Learning Agency of Australia Pty Ltd in a similar way in which proposed sections 56C, 56D and 56E facilitate communications between students and institutions.

(NOTE: proposed section is abbreviated as ps)

ps106CA Electronic communications between clients and Agency

Proposed subsection 106CA(1) inserts an explanatory table and provides that proposed sections 56C, 56D and 56E apply for the purposes of Chapter 4 as if a reference in those sections to a person, thing or provision mentioned in the second column of an item in the table were a reference to a person, thing or provision mentioned in the third column of the table for that item. Proposed subsection 106CA(2) clarifies that proposed section 106CA is not intended to otherwise affect the application of proposed sections 56C, 56D and 56E.

Item 5

Amends paragraph 110(c) to provide that guidelines issued under proposed subsections 56C(6) or 56D(6) are disallowable instruments.