Chapter 1 - Introduction

[1]        Journals of the Senate, No. 9–11 October 2016, pp. 290–291; Journals of the Senate, No. 73–28 November 2017, p. 2314.

[2]        Council of Australian Governments, National Education Reform Agreement, cll. 29 and 31.

[3]        Australian Government, 'Federal Register of Legislation, Australian Education Act 2013', https://www.legislation.gov.au/Details/C2018C00012 (accessed 28 November 2018).

[4]        Productivity Commission, Report on Government Services 2018, 2018, p. 4.4.

[5]        The Hon. Scott Morrison MP, Prime Minister of Australia, and the Hon. Dan Tehan MP, Minister for Education, 'Transcript', joint press conference, 20 September 2018, https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2F6223293%22 (accessed 28 November 2018).

[6]        Australian Government, 'Federal Register of Legislation, Tertiary Education Quality and Standards Act 2011', https://www.legislation.gov.au/Details/C2017C00271 (accessed 28 November 2018).

[7]        Australian Government, 'Federal Register of Legislation, Higher Education Standards Framework (Threshold Standards) 2015', https://www.legislation.gov.au/Details/F2015L01639 (accessed 28 November 2018).

[8]        Australian Government, 'Federal Register of Legislation, Education Services for Overseas Students Act 2000', https://www.legislation.gov.au/Details/C2018C00210 (accessed 28 November 2018).

[9]        Australian Government, 'Federal Register of Legislation, Higher Education Support Act 2003', https://www.legislation.gov.au/Details/C2018C00312 (accessed 28 November 2018).

[10]      Department of Education and Training, 'Higher Education Loan Program', https://www.education.gov.au/higher-education-loan-program-help (accessed 28 November 2018).

[11]      Australian Skills Quality Authority, 'Jurisdiction', https://www.asqa.gov.au/about/agency-overview/jurisdiction (accessed 28 November 2018).

[12]      Australian Government, 'Federal Register of Legislation, National Vocational Education and Training Regulator Act 2011', https://www.legislation.gov.au/Details/C2017C00245 (accessed 28 November 2018).

[13]      Council of Australian Governments, National Agreement for Skills and Workforce Development, cl. 26.

[14]      Susan Hewlett, Group Manager, Industry Skills and Quality, Skills and Training, Department of Education and Training, Committee Hansard, 9 October 2018, p. 38. Also see: Catholic Education Commission Victoria, Submission 11, p. 4, which argued that Australian Government regulation may sometimes exceed its role.

Chapter 2 - Key issues

[1]        For example: David Wilkes, Chief Financial Officer, Catholic Education Commission of Victoria, Committee Hansard, 9 October 2018, p. 2; Peter Roberts, Director, School Services, Independent Schools Victoria, Committee Hansard, 9 October 2018, p. 20.

[2]        Independent Schools Council of Australia, Submission 6, p. 3. Also see: Independent Schools Victoria, Submission 8, pp. [3–4]; Catholic Education Commission of Victoria, Submission 11, Appendix B.

[3]        Catholic Education Commission of Victoria, Submission 11, p. 7.

[4]        Dow, K. L. and Braithwaite, V., Review of Higher Education Regulation Report, 2013, https://docs.education.gov.au/node/33587 (accessed 28 November 2018).

[5]        Council of Private Higher Education, Submission 14, pp. 1–2 and 4.

[6]        Simon Finn, Chief Executive Officer, Council of Private Higher Education, Committee Hansard, 9 October 2018, p. 27.

[7]        Australian Council for Private Education and Training, Submission 3, p. 2.

[8]        Bruce Callaghan, Chairman, Australian Council for Private Education and Training, Committee Hansard, 9 October 2018, pp. 11 and 17. Mr Callaghan considered that there has been no red tape reduction in the VET sector under the Deregulation Agenda.

[9]        Open Colleges, Submission 12, p. 5. Also see: pp. 4 and 6–7. Open Colleges submitted that this amount of regulation creates complexity and confusion that contributes to non-compliance.

[10]      Open Colleges, Submission 12, p. 8.

[11]      Alexis Watt, Chief Executive Officer, Open Colleges' School of Health, and Member, Executive Team, Open Colleges, Committee Hansard, 9 October 2018, pp. 12–13. Also see: Department of Education and Training, 'VET Student Loans', https://www.education.gov.au/vet-student-loans (accessed 28 November 2018). Mr Watt noted that only one registered training organisation in the Open Colleges Group participates in the VET Student Loans program.

[12]      Council of Private Higher Education, Submission 14, p. 2. Also see: Australian Council for Private Education and Training, Submission 3, p. 2; Open Colleges, Submission 12, p. 3.

[13]      Richard Buker, Director, HELP Integrity and Superannuation Team, HELP and Provider Integrity Branch, Higher Education Group, Department of Education and Training, Committee Hansard, 9 October 2018, p. 40. Also see: p. 39.

[14]      Susan Hewlett, Group Manager, Industry Skills and Quality, Skills and Training, Department of Education and Training, Committee Hansard, 9 October 2018, p. 40.

[15]      Susan Hewlett, Group Manager, Industry Skills and Quality, Skills and Training, Department of Education and Training, Committee Hansard, 9 October 2018, p. 42. Also see: Braithwaite, V., All eyes on quality: Review of the National Vocational Education and Training Regulator Act 2011 report, January 2018, p. 7, https://www.education.gov.au/nvetr-act-review (accessed 28 November 2018).

[16]      Catholic Education Commission of Victoria, Submission 11, p. 7.

[17]      For example: Australian Council for Private Education and Training, Submission 3, p. 5; Association of Independent Schools (NSW), Submission 7, p. 2; Independent Schools Victoria, Submission 8, p. [4]; Chris Watt, Federal Secretary, Independent Education Union of Australia, Committee Hansard, 9 October 2018, pp. 33 and 36.

[18]      Independent Education Union of Australia, Submission 15, p. 2. Also see: Independent Schools Council of Australia, Submission 6, p. 5; Independent Schools Victoria, Submission 8, pp. [3 and 5].

[19]      Chris Watt, Federal Secretary, Independent Education Union of Australia, Committee Hansard, 9 October 2018, p. 36.

[20]      Bruce Phillips, Policy Adviser, Catholic Education Commission of Victoria, Committee Hansard, 9 October 2018, p. 1; David Wilkes, Chief Financial Officer, Catholic Education Commission of Victoria, Committee Hansard, 9 October 2018, p. 3. Also see: Peter Roberts, Director, School Services, Independent Schools Victoria, Committee Hansard, 9 October 2018, p. 20.

[21]      Simon Finn, Chief Executive Officer, Council of Private Higher Education, Committee Hansard, 9 October 2018, p. 27.

[22]      Bruce Callaghan, Chairman, Australian Council for Private Education and Training, Committee Hansard, 9 October 2018, p. 11.

[23]      Australian Council for Private Education and Training, Submission 3, p. 7. Also see: Open Colleges, Submission 12, p. 5.

[24]      Bruce Callaghan, Chairman, Australian Council for Private Education and Training, Committee Hansard, 9 October 2018, p. 12.

[25]      Alexis Watt, Chief Executive Officer, Open Colleges' School of Health, and Member, Executive Team, Open Colleges, Committee Hansard, 9 October 2018, p. 12. Also see: Bruce Callaghan, Chairman, Australian Council for Private Education and Training, Committee Hansard, 9 October 2018, p. 12, for further examples.

[26]      Alexis Watt, Chief Executive Officer, Open Colleges' School of Health, and Member, Executive Team, Open Colleges, Committee Hansard, 9 October 2018, p. 11. Also see: Council of Private Higher Education, Submission 14, p. 6; Michael Wells, Director, Wells Advisory, Committee Hansard, 9 October 2018, pp. 30–31, who questioned regulatory timeframes in the private higher education sector.

[27]      Open Colleges, Submission 12, pp. 5–6.

[28]      Alexis Watt, Chief Executive Officer, Open Colleges' School of Health, and Member, Executive Team, Open Colleges, Committee Hansard, 9 October 2018, p. 17.

[29]      Michael Wells, Director, Wells Advisory, Committee Hansard, 9 October 2018, p. 32.

[30]      Australian Council for Private Education and Training, Submission 3, p. 7.

[31]      Open Colleges, Submission 12, p. 8. The submission stated that regulatory compliance costs are factored into pricing structures and are borne by students, who receive no educational benefit from the expense.

[32]      Susan Hewlett, Group Manager, Industry Skills and Quality, Skills and Training, Department of Education and Training, Committee Hansard, 9 October 2018, pp. 43–44.

[33]      Department of Jobs and Small Business, 'Deregulation Agenda', https://www.jobs.gov.au/deregulation-agenda (accessed 28 November 2018).

[34]      For example: Council of Private Higher Education, Submission 14, p. 8, which commented on duplication within Tertiary Education Quality and Standards Agency processes, including in relation to applications for course accreditation.

[35]      Australian Government, 'Federal Register of Legislation, Australian Education Act 2013', https://www.legislation.gov.au/Details/C2018C00012 (accessed 28 November 2018).

[36]      Australian Government, 'Federal Register of Legislation, Australian Education Regulation 2013', https://www.legislation.gov.au/Details/F2018C00529 (accessed 28 November 2018).

[37]      Department of Education and Training, 'Financial Questionnaire', https://ssphelp.education.gov.au/financial-questionnaire (accessed 28 November 2018).

[38]      National Catholic Education Commission, Submission 9, p. 1. Also see: Queensland Catholic Education Commission, Submission 1, p. 2; Catholic Education Western Australia, Submission 2, p. 1; Independent Schools Victoria, Submission 8, p. [4]; David Wilkes, Chief Financial Officer, Catholic Education Commission of Victoria, Committee Hansard, 9 October 2018, p. 3; Council of Private Higher Education, Submission 14, p. 4, which similarly commented on the burden associated with the provision of annual data sets for higher education providers.

[39]      Australian Charities and Not-for-profits Commission, 'Report annually', http://www.acnc.gov.au/ACNC/Manage/Reporting/ACNC/Report/ReportInformation.aspx?hkey=1c68676b-8be6-4fe8-965f-0ba204bbc793 (accessed 28 November 2018).

[40]      National Catholic Education Commission, Submission 11, p. [2]. Also see: Australian Charities and Not-for-profits Commission, Submission 16, p. 2, which agreed that it is not the 'primary' regulator for Catholic schools.

[41]      Catholic Education Commission Victoria, Submission 11, p. 6. Also see: David Wilkes, Chief Financial Officer, Catholic Education Commission of Victoria, Committee Hansard, 9 October 2018, p. 2, who said that the Australian Charities and Not-for-profit Commission is the appropriate regulator in the area of tax deductible gifts.

[42]      National Catholic Education Commission, Submission 9, p. 2. Also see: Australian Charities and Not-for-profits Commission, Submission 16, p. 3, which submitted that private schools had agreed to this arrangement.

[43]      National Catholic Education Commission, Submission 9, p. 2.

[44]      David Wilkes, Chief Financial Officer, Catholic Education Commission of Victoria, Committee Hansard, 9 October 2018, p. 2, who said that this  process will be based on accrual accounting, which is not how most schools currently report.

[45]      National Catholic Education Commission, Submission 9, pp. 2–3. Also see: David Wilkes, Chief Financial Officer, Catholic Education Commission of Victoria, Committee Hansard, 9 October 2018, p. 2, who said that the ACNC reporting requirement will be based on accrual accounting which is a huge burden for most Catholic schools in Victoria.

[46]      Independent Schools Council of Australia, Submission 6, p. 10.  Also see: Nigel Bartlett, Manager, Funding and Accountability, Independent Schools Victoria, Committee Hansard, 9 October 2018, p. 22; paragraph 15–5(1)(c) of the Australian Charities and Not-for-profits Commission Act 2012 (Cth).

[47]      Nigel Bartlett, Manager, Funding and Accountability, Independent Schools Victoria, Committee Hansard, 9 October 2018, p. 21. Also see: Peter Roberts, Director, School Services, Independent Schools Victoria, Committee Hansard, 9 October 2018, p. 24, where he identified other areas in which further collaborations could reduce duplication in regulation.

[48]      Australian Charities and Not-for-profits Commission, Submission 16, p. 2. Also see: p. 3.

[49]      Australian Charities and Not-for-profits Commission, Submission 16, p. 4.

[50]      Subdivision F of the Australia Education Regulation 2013 (Cth); Department of Education and Training, 'Census 2018', https://ssphelp.education.gov.au/census (accessed 28 November 2018).

[51]      Department of Education and Training, 'Nationally Consistent Collection of Data on School Students with Disability 2018', https://docs.education.gov.au/documents/guidelines-nationally-consistent-collection-data-school-students-disability-2018 (accessed 28 November 2018).

[52]      For example: Independent Schools Victoria, Submission 8, p. [6]; Nigel Bartlett, Manager, Funding and Accountability, Independent Schools Victoria, Committee Hansard, 9 October 2018, p. 22, who highlighted that there are slightly dissimilar requirements in each process.

[53]      Department of Education and Training, 'What is the Government doing to support students with disability', https://www.education.gov.au/what-government-doing-support-students-disability (accessed 28 November 2018); Disability Discrimination Act 1992 (Cth), https://www.legislation.gov.au/Details/C2018C00125 (accessed 28 November 2018); Disability Standards for Education 2005, https://www.legislation.gov.au/Details/F2005L00767 (accessed 28 November 2018).

[54]      Catholic Education Commission of Victoria, Submission 11, pp. 2–3; Bruce Phillips, Policy Adviser, Catholic Education Commission of Victoria, Committee Hansard, 9 October 2018, p. 4.

[55]      Bruce Phillips, Policy Adviser, Catholic Education Commission of Victoria, Committee Hansard, 9 October 2018, p. 6. Also see: pp. 4–5.

[56]      Susan Hewlett, Group Manager, Industry Skills and Quality, Skills and Training, Department of Education and Training, Committee Hansard, 9 October 2018, pp. 38–39.

[57]      David Pattie, Group Manager, Schools Funding and Assurance, Schools and Youth, Department of Education and Training, Committee Hansard, 9 October 2018, pp. 39 and 43.

[58]      David Pattie, Group Manager, Schools Funding and Assurance, Schools and Youth, Department of Education and Training, Committee Hansard, 9 October 2018, p. 41. Also see: p. 40.

[59]      David Pattie, Group Manager, Schools Funding and Assurance, Schools and Youth, Department of Education and Training, Committee Hansard, 9 October 2018, p. 41.

[60]      Simon Finn, Chief Executive Officer, Council of Private Higher Education, Committee Hansard, 9 October 2018, p. 27. Mr Finn suggested that there ought to be a review of the Tertiary Education Quality and Standards Act 2011 (Cth): p. 28.

[61]      Council of Private Higher Education, Submission 14, pp. 2–3.

[62]      Independent Schools Council of Australia, Submission 6, p. 11.

[63]      For example: Catholic Education Commission Victoria, Submission 11, p. 5.

[64]      Independent Schools Council of Australia, Submission 6, p. 10. Also see: pp. 11–12, which illustrates the argument by referencing the Tuition Protection Service.

[65]      National Catholic Education Commission, Submission 9, pp. 1–2. Also see: Catholic Education Commission Victoria, Submission 11, p. 6.

[66]      National Catholic Education Commission, Submission 9, p. 3.

[67]      Australian Government, Regulator Performance Framework, 2014, p. 4, https://docs.jobs.gov.au/system/files/doc/other/regulator_performance_framework.pdf  (accessed 28 November 2018).

[68]      Australian Council for Private Education and Training, Submission 3, p. 8.

[69]      Council of Private Higher Education, Submission 14, p. 6.

[70]      Council of Private Higher Education, Submission 14, p. 7; Simon Finn, Chief Executive Officer, Council of Private Higher Education, Committee Hansard, 9 October 2018, pp. 27 and 30.

[71]      Open Colleges, Submission 12, pp. 7–8.

[72]      Braithwaite, V., All eyes on quality: Review of the National Vocational Education and Training Regulator Act 2011 report, January 2018, Recommendation 1, p. 54, https://www.education.gov.au/nvetr-act-review (accessed 28 November 2018). Also see: pp. 27–28. Also see: Australian Government, All eyes on quality: Review of the National Vocational Education and Training Regulator Act 2011, Australian Government Response, June 2018, p. 5, https://docs.education.gov.au/system/files/doc/other/australian_government_response_to_the_nvetr_act_review_0.pdf (accessed 28 November 2018).

[73]      Susan Hewlett, Group Manager, Industry Skills and Quality, Skills and Training, Department of Education and Training, Committee Hansard, 9 October 2018, p. 44.

[74]      For example: Federation of Parents and Citizens Association of New South Wales, Submission 4, pp. 2–3, which argued that, in many ways, private schools operate in a less restrictive environment than their public counterparts.

[75]      National Catholic Education Commission, Submission 9, p. 2.

[76]      Independent Schools Council of Australia, Submission 6, p. 11.

[77]      Peter Roberts, Director, School Services, Independent Schools Victoria, Committee Hansard, 9 October 2018, p. 25. Also see: Independent Schools Victoria, Submission 8, p. [7].

[78]      Council of Private Higher Education, Submission 14, p. 2. Also see: pp. 9–10, which noted that this regulation creates compliance burden and costs for private providers.

[79]      Council of Private Higher Education, Submission 14, pp. 2 and 11. COPHE noted that the 25 per cent loan fee has recently been abolished for independent universities and their undergraduate courses.

[80]      Simon Finn, Chief Executive Officer, Council of Private Higher Education, Committee Hansard, 9 October 2018, p. 31. Also see: p. 28.

[81]      Australian Council for Private Education and Training, Submission 3, pp. 3–4. Also see: Alexis Watt, Chief Executive Officer, Open Colleges' School of Health, and Member, Executive Team, Open Colleges, Committee Hansard, 9 October 2018, p. 16, who supported consistency between the public and private education sectors.

[82]      Richard Buker, Director, HELP Integrity and Superannuation Team, HELP and Provider Integrity Branch, Higher Education Group, Department of Education and Training, Committee Hansard, 9 October 2018, p. 44.