AUSTRALIAN __________________________________________________________________
RESEARCH COUNCIL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL
2000
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.
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 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 Issue
to 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.
SCHEDULE 2 - TRANSITIONAL PROVISIONS
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.
Item 1 - Definitions
This item defines the terms that are used in this schedule.
Item 2 - Matters referred to old ARC by Minister
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.
Item 3 - Continued effect of Ministerial directions and guidelines
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.
Item 4 - Continued effect of funding approvals given in relation to old
ARC-administered
schemes
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.
Item 5 - Continued effect of funding re...