ACT Accreditation and Registration Council

Transmittal Letter to the Minister (86kb)

SECTION A: PERFORMANCE AND FINANCIAL MANAGEMENT REPORTING

A1 The Organisation

The Training and Tertiary Education Act 2003 (the TaTE Act) established the ACT Accreditation and Registration Council (the Council). Under the TaTE Act, the Council provides advice to the Minister for Education and Training (the Minister) on tertiary education, particularly the registration of tertiary education providers and accreditation of tertiary courses.

The Council ensured that national standards were met for:

• National Protocols for Higher Education Approval Processes for non self-accrediting higher education provision
• the Education Services for Overseas Students Act 2000 (Commonwealth) (the ESOS Act)and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 for international education provision in the ACT.

The Council contributed to the provision of quality education in the ACT by:

• exercising its statutory authority for accreditation and registration and ensuring national standards are met
• measuring and reporting on provider compliance with the appropriate standards.

Staff of the ACT Education and Training Directorate (the Directorate) manage Council functional and administrative responsibilities and provide secretariat and related services.

A2 Overview

The responsibility of the Council significantly changed in the 2011-12 reporting period. During this period, national agencies assumed regulation of tertiary education. From 1 July 2011, the Australian Skills Quality Authority (ASQA) assumed legislative responsibility for accreditation and registration of VET providers and courses in the ACT. The Tertiary Education Quality and Standards Agency (TEQSA) assumed legislative responsibility for higher education providers and courses on 30 January 2012. The Directorate has made alternative arrangements for the regulation of responsibility under the ESOS Act for school education for overseas students in the ACT.

Under the TaTE Act, the Council was responsible for registration and accreditation of higher education providers and courses within the reporting period. The Council maintained an appropriate schedule of meetings in 2011 to process its functions, but ceased to meet once its responsibility for higher education functions ended in early 2012.

The Council membership was maintained to allow for any delay in the transition of regulatory functions to national agencies which was anticipated to be completed by the end of 2011. In 2011, all members' appointment periods were extended to allow the Council to continue exercising its functions until 30 June 2012 to risk-manage delays through the Commonwealth parliamentary and administrative issues.

In 2011, the ACT Government formed the ACT Learning Capital Council (LCC) to provide advice on tertiary education policy and planning including workforce issues. The establishment of the LCC was a key recommendation of Learning Capital, the report of the ACT Tertiary Taskforce. The Taskforce included stakeholders from education providers, industry and government and included members of the Council. The LCC absorbed Council functions to provide advice to the ACT Government and the Minister on tertiary education policy.

A5 Management discussion and analysis

The Minister appoints members to the Council. As determined by section 12(1) of the TaTE Act, the Council comprised 11 members: a chairperson; four people with expertise in vocational education and training (VET); three people with expertise in higher education; one person representing interests of employers; one person representing interests of employees; and one person representing providers of industry training advice.

Table ARC 1: Council membership and meetings held for the reporting period

Source: ACT Accreditation and Registration Council

There was one vacant position on the Council during the year.

The Council maintained a Higher Education Committee (HEC) to provide it with specific advice on regulation of higher education. HEC membership included some Council members and other individuals with higher education expertise. HEC operated under terms of reference endorsed by the Council.

Table ARC 2: Membership of the HEC

Source: Accreditation and Registration Council

A6 Financial report

The Council has no financial functions under the TaTE Act. Consequently the Council does not receive or expend funds in its own right.

A8 Strategic indicators

The Council operated in the context of the ACT Accreditation and Registration Council Strategic Plan 2009-2011 developed in the context of andwith reference to other government strategic documents, including the Directorate'sStrategic Plan 2010-2013.

A9 Analysis of agency performance

The Council regulated and quality-assured five non self-accrediting higher education providers, and their 25 courses, approved for delivery in the ACT. Two providers were ACT legal entities and three hold primary registration in other Australian states, recognised by the Council for delivery in the ACT.

The Council's HEC continued to provide advice to the Council on higher education matters. In light of the changing regulatory responsibility and the increased focus on higher education, HEC members who were not already Council members were appointed to the Council.

Meetings of the HEC and the Council were held on the same day. This allowed HEC to maintain its higher education expertise in decisions concerning course accreditation and provider registration. In addition, Council members with higher education expertise assisted the Council during the transition of regulatory functions to TEQSA. The Council and the HEC met on one occasion on 3 November 2011 in the reporting period.

The Council contributed to national discussions in relation to the transition of registration and accreditation functions to national regulators during 2011.

Section 18 of the TaTE Act requires the Council to report action(s) it takes in response to Ministerial directions. There were no such directions during the reporting period.

SECTION B: CONSULTATION AND SCRUTINY REPORTING

B2 Internal and external scrutiny

The Directorate undertakes audit and risk management activities on behalf of the Council. The Directorate audit includes the Council secretariat and the regulatory activity it performs for the Council.

To maintain ethical standards, Council members are provided, prior to appointment, with the Bowen Code of Conduct as a guide for ethical standards of behaviour. All members sign a declaration stating that:

• their professional and private interests will not impact on their involvement with the Council
• they will disclose any actual or potential conflicts of interest to the Chair of the Council.

Consistent with the TaTE Act (s17), the Directorate provides secretariat, research and advisory assistance to the Council through a memorandum of understanding. The advice of the ACT Government Solicitor is also available to the Council.

Council members are entitled to reimbursement of reasonable expenses incurred in the exercise of their functions (TaTE Act, s16). The Chair is provided with an annual payment to cover expenses related to the statutory responsibilities of the Council chairperson.

B4 Legislation report

The Council is identified in the TaTE Act(section 12). Amendments were made to this Act via a Strategic Legislation Amendment Bill to make alternative arrangements for regulation of responsibility under the Commonwealth ESOS Act for school education for overseas students in the ACT.

Table ARC 3: Non-applicable sections

For more information contact:
Director
Training and Tertiary Education
(02) 6205 8555