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2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Regional, Rural and Remote Education Commissioner Bill 2018
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Cathy McGowan AO
Regional, Rural and Remote Education Commissioner Bill 2018
OUTLINE
Education and training in regional Australia is central to the economic prosperity of the
nation. This bill provides a way forward to ensure regional Australia has a comprehensive
education, training and research strategy underpinning policy decisions of Government.
This Bill is intended to progress the recommendations and actions outlined in the
Independent Review into Regional, Rural and Remote Education, authored by Emeritus
Professor John Halsey.
The Bill establishes a Regional, Rural and Remote Education Commissioner to establish a
national focus for education, training and research to enhance access, outcomes and
opportunities in regional Australia. The Commissioner will:
provide advice to the Minister about education, training and research to enhance
access, outcomes and opportunities for regional, rural and remote students;
provide advice to the Minister on strategies to support the role of educational
institutions (childcare providers, schools, universities, vocational education and
training providers) in developing regional economies, sustaining economic growth
and supporting employment in regional, rural and remote Australia; and
develop a national strategic framework for regional, rural and remote education,
training and research, beginning with a national regional higher education, training
and strategy.
Support for delivery of education in regional areas is often seen only as an issue of equity
- focused on improved access, participation and completion rates. While equity is
important, education and training is also an essential driver of growth and prosperity of
regional Australia.
For example, regional universities play a unique role in developing regional economies
and contributing to the social and cultural development of their regions. They act as an
anchor for investment and workforce development.
One of the biggest threats to the sustainability of rural communities is a declining
population of young people. Three-quarters of students who study at regional universities
stay in regional areas after they graduate. Regional universities and vocational education
providers educate the future regional workforce and help to grow and stabilise the
population of regional Australia.
The Commissioner should undertake these functions in partnership with all levels of
government, regional education providers, regional representative bodies and industry.
The role of the Commissioner is to be ongoing, with the national regional higher education,
training and research strategy to be completed within six months of the commencement
and revised every four years.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON SECTIONS
Section 1: Short title
Section 1 is a formal provision specifying the short title of the Act.
Section 2: Commencement
Sections 1 and 2 in this Act commence on the day the Act receives the Royal Assent.
Sections 3 to 22 commence on the day the Consolidated Revenue Fund is appropriated
under an Act to the Department in which this Act is administered for payment to the
Commissioner.
Section 3: Simplified outline of this Act
Subsection 79AA provides a simplified explanation of the Bill noting that there is to be a
Regional, Rural and Remote Education Commissioner to:
provide advice to the Minister responsible for education and training about
education, training and research to enhance access, outcomes and opportunities
for regional, rural and remote students, and about the role of educational institutions
in developing regional economies, sustaining economic growth and supporting
employment in regional, rural and remote Australia; and
collect, analyse and publish relevant information, and undertake and publish
research, to inform the development of policies and strategies relating to education,
training and research to enhance access, outcomes and opportunities for regional,
rural and remote students.
As part of the advice the Commissioner must provide to the Minister, the Commissioner
must develop a national strategic framework for regional, rural and remote education,
training and research, including a national regional higher education and training strategy.
The Commissioner will work with regional education and training stakeholders in
performing the Commissioner's functions.
Section 4: Definitions
Section 4 provides definitions for terms used in the Act.
Section 5: Act binds the Crown
Section 5 binds the Crown in each of its capacities to the provisions of the Act.
Part 2 - Regional, Rural and Remote Education Commissioner
Section 6: Regional, Rural and Remote Education Commissioner
Section 6 provides that a Regional, Rural and Remote Education Commissioner is to be
established.
Section 7: Functions of the Regional, Rural and Remote Education Commissioner
Subsection 7(1) provides that the functions of the Regional, Rural and Remote Education
Commissioner are to provide advice to the Minister about:
education, training and research to enhance access, outcomes and opportunities
for regional, rural and remote students; and
the role of educational institutions (including childcare providers, schools,
universities, and vocational education and training providers) in developing regional
economies, sustaining economic growth and supporting employment in regional,
rural and remote Australia.
Subsection 7(2) provides that without limiting subsection 7(1) the Commissioner's advice
must include:
the development of a national strategic framework for regional, rural and remote
education, training and research, that must cover (but is not limited to) the following
matters:
o a national approach to policy, planning, design and delivery;
o improving access, outcomes and opportunities for regional, rural and remote
students;
o the role of educational institutions in developing regional economies and
contributing to the social and cultural development of their regions;
o the role of the Commonwealth in regional, rural and remote education,
training and research;
o performance measures and monitoring arrangements; and
advice on the Commissioner's monitoring and evaluation of the progress of that
national strategic framework; and
advice on the appropriateness and effectiveness of current modes of education
delivered in regional, rural and remote areas; and
making recommendations on policy approaches and programs to support improved
access and achievement of regional, rural and remote students in school and in
their transition to further study, training or employment.
Subsection 7(3) relates to the collection of information and research by the Commissioner,
it provides that it is a function of the Commissioner to collect, analyse and publish relevant
information and undertake and publish research; to inform the development of policies and
strategies relating to education, training and research to enhance access, outcomes and
opportunities for regional, rural and remote students.
Subsection 7(4) provides that the Commissioner may undertake other functions as are
conferred on the Commissioner by the regulations or any other law of the Commonwealth;
and to do anything incidental to or conducive to the performance of any of the
Commissioner's other functions.
Subsection 7(5) relates to the powers of the Commissioner and provides the
Commissioner the power to do all things necessary or convenient to be done for or in
connection with the performance of the Commissioner's functions.
Subsection 7(6) in undertaking the functions in subsection 7(1) the Commissioner must
consult with the States and Territories and other regional education and training
stakeholders (including local government, regional development bodies, education and
training providers, representative bodies, and industry in regional, rural and remote areas),
as the Commissioner considers appropriate.
Section 8: National regional higher education and training strategy
Section 8 (1) provides that the national strategic framework developed by the
Commissioner under paragraph 7(2)(a) must include a strategy to be known as the
national regional higher education and training strategy.
Section 8 (2) provides that the strategy must be prepared by the Commissioner and given
to the Minister within the period of 6 months starting on the commencement of this section.
Section 8 (3) provides that the strategy must cover, but is not limited to, the following
matters:
(a) strategies to support the provision of higher education and training in
regional, rural and remote areas, including a review of regional loading;
(b) strategies to increase the representation of regional, rural and remote
students in higher education and training;
(c) strategies to address the sustainability of communities in regional, rural and
remote areas and the declining population of young people in regional, rural and remote
areas;
(d) strategies to provide greater support for those transitioning between
secondary and higher education and training, including support to stay in an area that is a
regional, rural and remote area or to relocate from such an area to an urban area;
(e) strategies to ensure there is recognition of the workforce and economic
development requirements of the community in developing higher education and training
policy;
(f) strategies to support the role of higher education and training providers that
are based in regional, rural and remote areas in creating diverse and resilient regional
economies, taking into consideration other relevant policies and programs;
(g) strategies to increase the performance of regional universities and vocational
education and training providers in student retention, teaching quality, equity, and
contribution to social, cultural and economic prosperity.
Section 8 (4) provides that the Minister must cause a copy of the strategy to be tabled in
each House of the Parliament on or before the first sitting day of that House after the end
of the period of 6 months starting on the commencement of this section.
Section 8 (5) provides that the Commissioner must, every 4 years, revise the strategy and
give the revised strategy to the Minister.
Section 8 (6) provides that the Minister must cause a copy of a revised strategy under
subsection 8(5) to be tabled in each House of the Parliament within 4 years after the
previous strategy or revised strategy was tabled under this section.
Section 9: Commissioner to publish advice
Section 9 (1) provides that the Commissioner must publish, on the Commissioner's
website, any advice the Commissioner provides to the Minister.
A note at the end of Section 9(1) provides that the Commissioner may also publish
information and research (see subsection 7(3)).
Section 9 (2) provides that subsection (1) does not apply to the national regional higher
education and training strategy, including that strategy as revised.
A note at the end of Section 9(2) explains that the national regional higher education and
training strategy, and each revised strategy, must be tabled in the Parliament (section 8).
Section 10: Appointment
Subsection 10(1) provides that the Commissioner will be appointed by the Minister by
written instrument either on a full-time or part-time basis.
A note under Subsection 10(1) provides that a person may be re-appointed for a further
term, as provided for by the Acts Interpretation Act 1901.
Subsection 10(2) provides that the Commissioner will hold the term of office for the period
outlined in the instrument of appointment and that this period will not exceed four years.
Subsection 10(3) provides that a person can only be appointed to the position of
Commissioner experience in education or training in regional, rural and remote areas; and
high level skills in academic research; or business or economics; or government or
administration.
Section 11: Acting appointments
Subsection 11 provides that the Minister by written instrument may appoint a person to act
as the Commissioner when, there is a vacancy in the office of the Commissioner (whether
or not an appointment has previously been made to the office) [11(a)]; or the
Commissioner is absent from duty, or from Australia, or is unable to perform the duties of
the office [11(b)].
A note at the end of the section draws the reader's attention to section 33AB and 33A of
the Acts Interpretation Act 1901 which describes additional rules in relation to acting
appointments.
Section 12: Terms and conditions
Subsection 12 provides that the Commissioner holds office on the terms and conditions
that the Minister provides in addition to those provided for in the legislation.
Section 13: Remuneration
Subsection 13(1) provides that the Commissioner will be paid the remuneration amount
determined by the Remuneration Tribunal. If no determination exists, the Commissioner
will be paid the remuneration prescribed by the Minister through a legislative instrument
detailed at 13(4).
Subsection 13(2) provides that the Commissioner is to be paid allowances prescribed by
the legislative instrument under 13(4).
Subsection 13(3) provides that this section is subject to the Remuneration Tribunal Act
1973.
Subsection 13(4) provides that the Minister may prescribe remuneration 13(1) and
allowances 13(2) via a legislative instrument if no determination is made by the
Remuneration Tribunal.
Section 14: Leave of absence
Subsection 14(1) provides that if the Commissioner is appointed on a full time basis, he or
she has the recreation leave entitlements determined by the Remuneration Tribunal.
Subsection 14(2) provides that the Minister may grant the Commissioner leave of
absence, other than recreation leave, on the terms and conditions as to remuneration or
otherwise that the Minister determines.
Subsection 14(3) provides that if the Commissioner is appointed on a part time basis, the
Minister may grant leave of absence to the Commissioner on the terms and conditions that
the Minister determines.
Section 15: Other paid work
Subsection 15(1) provides that if the Commissioner is appointed on a full time basis, he or
she must not engage in paid employment outside the duties of the Commissioner's office,
without the Minister's approval.
Subsection 15(2) provides that if the Commissioner is appointed on a part time basis, he
or she must not engage in any paid employment that the Minister deems conflicts with, or
may conflict with the proper performance of his or her duties.
Subsection 15(3) provides the definition of 'paid work' for the purposes of this Act. 'Paid
work' means work for financial gain or reward (whether as an employee, a self-employed
person or otherwise).
Section 16: Resignation
Subsection 16 provides that the Commissioner may resign his or her appointment by
notifying the Minister in writing. Subsection 16(2) provides that the resignation takes effect
on the day it is received by the Minister or, if a later day is specified in the resignation, on
that later day.
Section 17: Termination of appointment
Subsection 17 provides that the Minister may terminate the Commissioner's appointment
for misbehaviour [17(1)(a)]; or if the Commissioner is unable to perform his or her duties
because of physical or mental incapacity [17(1)(b)].
Subsection 17(2) provides that the Minister may terminate the appointment of the
Commissioner if he or she:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent
debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her
creditors; or
(v) if the Commissioner is appointed on a full-time basis--the Commissioner is
absent, except on leave of absence, for 14 consecutive days or for 28 days in
any 12 months; or
(vi) if the Commissioner is appointed on a full-time basis--the Commissioner
engages, except with the Minister's approval, in paid work outside the duties of
his or her office [see subsection 15(1)];
(vii) if the Commissioner is appointed on a part-time basis--the Commissioner
engages in paid work that, in the Minister's opinion, conflicts or could conflict
with the proper performance of his or her duties [see subsection 15(2)];
(viii) the Commissioner fails, without reasonable excuse, to comply with section 18.
Section 18: Disclosure of interests
Section 18 provides that the Commissioner must disclose to the Minister the details of any
direct or indirect financial or monetary interests that the Commissioner has or acquires that
conflict or could conflict with the proper performance of the Commissioner's functions [7].
This would include, for example, notification of any interests in, including financial interests
or membership of an education provider or professional/peak body.
Section 19: Annual report
Subsection 19(1) provides that the Commissioner must, within 3 months after the end of
each calendar year, prepare and give to the Minister, for presentation to the Parliament, a
report on the Commissioner's activities during the previous calendar year.
A note at the end of 19(1) draws the reader's attention to section 34C of the Acts
Interpretation Act 1901 which provides additional rules regarding annual reports.
Subsection 19(2) provides that the annual report must contain the details of the
Commissioner's activities during the reporting period [19(2)(a)], and any other matters that
the Minister would direct the Commissioner to include in the report [19(2)(b)].
Section 20: Minister may give directions to the Regional, Rural and Remote
Education Commissioner
Subsection 20 (1) provides that the Minister may, by notifiable instrument, give written
directions to the Commissioner about the performance of the Commissioner's functions;
and [matters to be included in the annual report. These directions are not considered to be
of legislative character as the direction would not determine or alter the content of the law,
but rather give directions to an individual regarding specific matters.
20(2) provides that the Commissioner is obliged to comply with a direction provided by the
Minister under 20(1).
Section 21: Assistance from APS employees
Subsection 21 (1) provides that the Secretary of the Department may enter into an
arrangement with the Commissioner for the services of APS employees in the Department
to be made available to the Commissioner. This is intended as assistance for the position
whilst the Commissioner undertakes duties as described in section 7.
Subsection 21(2) provides that staff made available to the Commissioner under
arrangements made between the Commissioner and the Secretary will be subject to the
directions of the Commissioner.
Part 3--Regulations
Section 22: Regulations
Describes the circumstances in which the Governor General may make regulations in
relation to this Act.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Regional, Rural and Remote Education Commissioner Bill 2018
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
The Bill will establish a Regional, Rural and Remote Education Commissioner to:
provide advice to the Minister responsible for education and training about
education, training and research to enhance access, outcomes and opportunities
for regional, rural and remote students, and about the role of educational institutions
in developing regional economies, sustaining economic growth and supporting
employment in regional, rural and remote Australia; and
collect, analyse and publish relevant information, and undertake and publish
research, to inform the development of policies and strategies relating to education,
training and research to enhance access, outcomes and opportunities for regional,
rural and remote students.
As part of the advice that the Commissioner must provide to the Minister, the
Commissioner must develop a national strategic framework for regional, rural and remote
education, training and research, including a national regional higher education and
training strategy.
Human rights implications
This bill promotes greater equity and the right not to be discriminated against based on the
individuals place of residence.
The bill promotes the rights defined under Article 2, 16 and 26 of the International
Covenant on Civil and Political Rights and 2(2) of the International Covenant on Economic,
Social and Cultural Rights (ICESCR). The bill gives effect to a number of Australia's
human rights obligations ensure that no one is denied their rights because of factors such
as race, colour, sex, language, religion, political or other opinion, national or social origin,
property or birth or other status. This includes discrimination on certain other grounds,
including: age, nationality, marital status, disability, place of residence within a country and
sexual orientation.
Conclusion
This bill is compatible with human rights because it advances the protection of human
Rights, in particular it promotes the right to equality and non-discrimination.
Cathy McGowan AO