This appendix has been prepared in accordance with section 8 of the Freedom of Information Act 1982. It provides information about the department’s decision-making powers and any arrangements it has for members of the public to participate in the work of the department. The appendix includes details about documents held by the department and how members of the public can obtain copies of them. Statistical details relating to freedom of information requests, actions and charges can be found in Table A2.1.

Information about the organisation of the department and its functions, which is required under s.8 of the Act, is covered in chapters 2 and 7 of this report.

• Decision-making powers
• Arrangements for outside participation
  • Schools
  • Vocational and technical education
  • Science
  • International education
  • Higher education
  • Innovation and research

• Categories of documents produced by the department

  • Access to documents
  • Access other than through the Freedom of Information Act 1982

Decision-making powers

The Minister has powers to make decisions in accordance with the annual Appropriations Acts for several programmes, in particular:

• the Indigenous Education Direct Assistance Programme
• science programmes, including the Cooperative Research Centres Programme, the Major National Research Facilities Programme, the International Science Linkages Programme, and the science programme components of the National Innovation Awareness Strategy
• schools and other programmes, including Quality Outcomes, the Australian Government Quality Teacher Programme, the National School Drug Education Strategy, Civics and Citizenship, the Framework for Open Learning Programme, including the Schools Online Curriculum Content Initiative, Grants and Awards, Careers, Transition and Partnerships (including Career and Transition) Pilot, Partnership Outreach Education Model Pilot, Jobs Pathway Programme, Enterprise and Career Education Programme and Structured Workplace Learning.

The Minister also has powers to make decisions in accordance with the Indigenous Education (Targeted Assistance) Act 2000, which makes provision for:

• payments to education providers for recurrent expenditure, for ABSTUDY approved courses run by the provider, or for particular projects
• payments to other people or bodies for particular projects.

The Minister also has a range of powers under the Higher Education Support Act 2003, which is the principal legal instrument to give effect to the higher education reform package. This Act makes provision for:

• determining when a body corporate becomes or ceases to be a higher education provider
• the quality and accountability requirements of higher education providers
• funding agreements between the Minister and higher education providers under the Commonwealth Grants Scheme and the power to make payments under those agreements
• the conditions relating to the Student Learning Entitlement
• administration of three kinds of assistance to students under the Higher Education Loan Programme—HECS-HELP, FEE-HELP and OS-HELP
• the power to make guidelines for departmental officers and/or university administrators to make decisions and to administer grant programmes under the Act.

In addition, the Minister has decision-making powers under the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 which makes provision for:

• transitional arrangements for the financing of institutions for the years 2004 to 2008
• transitional arrangements relating to student assistance and repayment of debts of students who commenced study before 2005
• the appointment of members of the governing Council of the Australian National University
• transitional arrangements for the Australian Maritime College
• a one-off grant to Marcus Oldham College.

The Minister retains his powers to make decisions in accordance with the Higher Education Funding Act 1988, which makes provision for:

• grants of financial assistance to higher education institutions to 31 December 2004
• grants of transitional financial assistance to higher education institutions and other bodies for higher education purposes until the end of 2008
• determination of the Higher Education Operating Grants Index
• the Higher Education Contribution Scheme annual course contribution amount, band amounts, and repayment thresholds
• the maximum amount students can borrow for a unit of study under the Open Learning Deferred Payment Scheme, and the index figure used to calculate these amounts
• guidelines for departmental officers and/or university administrators to make decisions and to administer the Higher Education Contribution Scheme, the Open Learning Deferred Payment Scheme, the Postgraduate Education Loan Scheme, the Bridging for Overseas Trained Professionals Loan Scheme, and fees policy
• guidelines for departmental officers and/or university administrators to make decisions and to administer grant programmes under Part 2.2 of the Higher Education Funding Act 1988
• exemption of certain students from the requirement to pay their Higher Education Contribution Scheme contribution ‘up front’ each semester
• declarations that certain higher education institutions are listed under Chapter 1, section 4 of the Higher Education Funding Act 1988, for the purposes of being granted ‘Deductible Gift Recipient’ status under the Income Tax Assessment Act 1997.

The Minister also has powers to make decisions in accordance with the Education Services for Overseas Students Act 2000 and the Education Services for Overseas Students Regulations 2001, which make provision for:

• registration of approved providers of courses to overseas students on the Commonwealth Register of Institutions and Courses for Overseas Students
• suspension and cancellation of providers from the Commonwealth Register of Institutions and Courses for Overseas Students
• imposition of conditions on a registered provider’s registration for one or more courses in one or more states
• establishment of the Education Services for Overseas Students Assurance Fund and approved tuition assurance schemes.

The Minister also has powers to make decisions in accordance with the States Grants (Primary and Secondary Education Assistance) Act 2000 and the Schools Assistance (Learning Together – Achievement Through Choice and Opportunity) Act 2004 which make provision for:

• grants of financial assistance to or through state and territory governments for government and non-government schools, government and non-government bodies, approved government school community organisations and education providers
• approval for non-government schools for funding and funding levels for non-government schools
• participation by education authorities in preparing a national report on the outcomes of schooling and associated performance information
• conditions on which financial assistance is to be paid, including reporting by education authorities on performance information specified in the Act and Regulations under the Act, publishing schools performance information, requirements for student reports to parents and national consistency in schooling
• requests by the Minister for an authority to take certain specified administrative action if the authority does not achieve the performance targets.

The Secretary has powers to make decisions in accordance with:

• the Education Services for Overseas Students Act 2000 and the Education Services for Overseas Students Regulations 2001
• the Higher Education Funding Act 1988 in relation to remission of the whole or part of a debt incurred under student support schemes under that Act
• the Higher Education Support Act 2003 in relation to the rollover of funding grants, advances of funding grants, the review of providers’ original decisions on re-crediting of HELP payments and protection of personal information under that Act.

The Minister or Secretary may delegate these decision-making powers to departmental officers.

The Commissioner of Taxation has powers to make decisions in accordance with the Higher Education Funding Act 1988 and the Higher Education Support Act 2003 in relation to:

• students not to be provided with a Tax File Number
• repayment of moneys lent by the Commonwealth to students
• deferral of a compulsory repayment of a Higher Education Loan Programme debt.

The Minister approves policy guidelines to help achieve the Australian Government’s training reforms. The guidelines include decision-making powers to provide support for systems, organisations and individuals to help to achieve these reforms. Authorised officers are able to make and review decisions concerning eligibility in relation to these programmes. Departmental officers make decisions, under authorisation from the Minister, on expenditure of programme funds under some international programmes. They also make decisions under:

• the Education Services for Overseas Students Act 2000 concerning registration of providers whose courses have been accredited and approved by the relevant state or territory education authority
• the Education Services for Overseas Students Regulations 2001 concerning assurance scheme arrangements.

The Minister authorises Centrelink officers to make and review decisions concerning eligibility in relation to ABSTUDY and the Assistance for Isolated Children Scheme in accordance with approved guidelines. Some of these decision-making powers are conferred by the Student Assistance Act 1973. These decision-making powers relate to recovery of debts and gathering and releasing information concerning the correct rate of payment.

The Minister also has powers under the Student Assistance Act 1973  to make Determinations of Education Institutions and Courses and to set guidelines for the exercise of the Secretary’s power to give certificates.

The Secretary has powers to make decisions under the Social Security Act 1991 and the Social Security (Administration) Act 1999 in matters related to Austudy and Youth Allowance for persons who are students; and any other payment, allowance or supplement insofar as that payment, allowance or supplement relates to persons who are students. The Secretary may delegate these powers to departmental officers and to the CEO of Centrelink.

The Australian Technical Colleges (Flexibility in Achieving Australia’s Skills Needs) Bill 2005 was introduced into Parliament on 11 May 2005 and was passed by the House of Representatives on 23 June. Under the legislation, the Minister will have powers to make decisions concerning the establishment and operation of an Australian Technical College (ATC) and will be able to:

• enter into a funding agreement, on behalf of the Commonwealth, with a state or ATC Authority for the establishment and operation of an ATC
• determine that a body is the ATC Authority for an ATC
• authorise the payment of financial assistance to a state or ATC Authority
• determine eligibility criteria for the payment of financial assistance to an ATC Authority.

The Secretary has the power to authorise that any university, college institute, association or organisation is an approved research institute which undertakes scientific research which is or may prove to be of value to Australia (under section 73A(6) of the Income Tax Assessment Act 1936. The Secretary has authorised other officers in the department to exercise this power.

The Minister had powers under the Vocational Education and Training Funding Act 1992 to determine amounts of money payable to the Australian National Training Authority.

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Arrangements for outside participation

The department is committed to providing quality client service, as well as being receptive to clients’ needs. The department operates within an Open for Business philosophy and arrangements are underpinned by a service charter (see Chapters 8).

The department is in regular contact and consults widely with clients and stakeholders in each of its major areas of portfolio responsibility, as summarised below. Chapters 3 to 6  highlight major consultative processes that took place during 2004–05.

Schools

The department has regular contact with a full range of government and non-government stakeholders and clients on schools policy and programme administration.

The department works in collaboration with state and territory government and non-government education authorities on policy development and programme matters and with the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA) and its related taskforces in support of the National Goals for Schooling in the Twenty-first Century.

Major consultations occurred with stakeholders in relation to the funding arrangements and new legislation for the 2005–2008 funding quadrennium. The Schools Assistance (Learning Together – Achievement Through Choice and Opportunity) Act 2004 received royal assent on 13 December 2004. The Australian Education Systems Officials Committee was the formal mechanism for seeking views from states and territories to inform development of arrangements, framing of legislation and supporting agreements for 2005–2008. Consultations on the funding agreements and administrative guidelines were undertaken in late 2004. Draft agreements and guidelines were sent to states and territories, and non-government education authorities, and the department responded to the specific issues raised by each jurisdiction in February 2005.

In the context of the government’s consultative approach on the expanded performance framework, education authorities were provided with a draft form of the regulations under the Schools Assistance (Learning Together – Achievement Through Choice and Opportunity) Act 2004 in April 2005. The draft regulations cover elements of the expanded performance framework including performance measures, student reports and school performance information and these were also made publicly available on the department’s website. The department also undertook bi-lateral meetings on the draft regulations with jurisdictions and sectors in each state and territory in early June 2005, in line with the MCEETYA resolution of 13 May 2005.

Regular consultations with stakeholders, principally through establishment of project steering or advisory committees, occurred with regard to a variety of projects dealing with literacy and numeracy; students with disabilities; civics and citizenship; history and values education; boys’ education; gifted and talented education; the National Awards for Quality Schooling; the common schools starting age project; the interstate student data transfer note and protocols trial; and ongoing work to enhance national consistency in school education. The department also held forums with national, state and territory school principal and parent organisations on schooling issues.

In addition, established committees had specific advisory functions during 2004-05:

• Block Grant Authorities in each state and territory receive and assess applications, make recommendations to the Minister and administer non-government capital grants for participating schools. The authorities operate under agreements with the Australian Government that set out the basis upon which they are to recommend grants and administer funds.
• Selection committees were established to assess schools’ submissions for National Literacy and Numeracy Week Schools Excellence Awards and the Minister’s Awards for Outstanding Contribution to Improving Literacy and/or Numeracy, which are key aspects of National Literacy and Numeracy Week. Committees included experts in literacy and numeracy from the government and non-government school sectors. Selection committees in each state and territory assessed nominations and made recommendations to the Minister for awards.

On 25 November 2004 the Minister foreshadowed a periodic review of the operations of  Block Grant Authorities. These authorities comprise representatives of Catholic and independent schools, and they administer capital grants funding for non-government schools. The review will examine the extent of parental involvement in the capital grants allocation process and examine the operations of the Block Grant Authorities to further strengthen accountability measures and transparency. Consultation with stakeholders will form a key part of the review. Terms of reference for the review were announced by the Minister on 8 June 2005.

With the announcement of a major new initiative the $1 billion Investing in Our Schools Programme in November 2004, the department formed an advisory committee comprising peak parent and secondary and primary school principals’ representative groups to formulate the framework of the programme. This consultation took place from December 2004 through the first half of 2005.

The establishment of 24 Australian Technical Colleges for Year 11 and Year 12 students will further strengthen Australia’s vocational training and education system and promote pride and excellence in the acquisition of trade skills. The first of the colleges is expected to open in 2006 and all 24 will commence operations by 2008. ATC are to be based in regions with reported skill needs, a strong industry base and a significant youth population. The Australian Government is committed to ensuring that vocational and technical education, including School-based New Apprenticeships is a valued and well-recognised choice available to young people. Throughout February and March 2005, the department invited local community representatives to forums in each of the nominated regions to discuss the ATC initiative. The forums were hosted by the Hon Gary Hardgrave MP and were attended by 50 to 100 local stakeholders with an interest in the colleges. Consultations were advertised in the local press prior to each forum.

On 30 November 2004, the Minister for Education, Science and Training, the Hon Dr Brendan Nelson MP announced the Australian Government’s National Inquiry into the Teaching of Literacy. An independent committee, chaired by Dr Ken Rowe, Research Director of the Learning Processes and Contexts research programme at the Australian Council for Educational Research, is conducting the inquiry. The committee will report to the Minister before the end of 2005. The inquiry will examine the way reading is taught and assessed in classrooms as well as the effectiveness of teacher education courses in preparing our teachers for reading instruction. The inquiry will also review and analyse recent national and international research about literacy teaching approaches, particularly approaches that are shown to be effective in assisting students with reading difficulties.

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Vocational and technical education

Throughout February and March 2005, the department undertook a series of consultations with business, industry, training providers and state and territory government departments on the future arrangements for Australia’s national training system set out in the directions paper Skilling Australia – New Directions for Vocational Education and Training. Stakeholders were invited to provide views and input on the preferred models for governance and accountability, regulating for quality and maintaining industry leadership. The outcome of consultations informed the development of new training arrangements, legislation and the Commonwealth-State Agreement for Skilling Australia’s Workforce.

During this period, the department undertook specific consultations with key stakeholders on a range of new business activities announced during the 2004 election campaign to address skills gaps and needs.

Science

Established committees have specific advisory functions:

• The Grants Selection Committee provides advice to the departmental delegate on allocating grant funds to National Science Week projects. Members of the committee are appointed annually by the Minister. The committee assesses all applications and recommends selected applications for funding to the departmental delegate, together with advice on recommended funding amounts.
• The Science Prizes Committee provides advice to the Minister about recommended recipients of the annual award of the Prime Minister’s Prize for Science, the Malcolm McIntosh Prize for Physical Scientist of the Year and the Science Minister’s Prize for Life Scientist of the Year.
• The Science Teaching Prizes Committee provides advice to the Minister concerning the recommended recipients of the Prime Minister’s Prizes for Excellence in Science Teaching in Primary and Secondary Schools.

The audit of science, engineering and technology skills was informed by a round of stakeholder consultations held in each state and territory capital, as well as the regional centre of Albury-Wodonga in 2005.

International education

The department consults with the education and training export industry and with relevant state and territory authorities on matters pertaining to overseas students.

An independent evaluation of the Educational Services for Overseas Students Act 2000 (ESOS Act), as required by legislation, was conducted by PhillipsKPA. The evaluation considered the Act in terms of its efficiency and effectiveness, by addressing the main themes of quality assurance; consumer protection; migration policy; the activities of Australian Government agencies and state and territory authorities; and administration. PhillipsKPA presented its report to the department in February 2005. The evaluation will inform the policy and legislative changes required to improve the efficiency and effectiveness of the operation of the ESOS legislative framework.

The ESOS Implementation Group consists of Australian Government and state and territory officers and meets three times a year to discuss issues associated with ESOS legislation. There is no restriction on the number of participants. The meetings are important to ensure nationally consistent implementation of the legislation through multilateral discussions.

A memorandum of understanding is in place with the Department of Immigration and Multicultural and Indigenous Affairs to codify each agency’s responsibilities for maintaining the timeliness, accuracy and completeness of overseas student enrolment data.

The International Education Advisory Body operates as an advisory body to the Minister to provide strategic advice on developments in, and future directions for, the international education industry, drawing on the expertise of prominent education and business leaders. This body is chaired by the Secretary of DEST and meets about three times each year.

The Promotions Advisory Committee, consisting of industry nominees from all international education and training sectors, has been established to advise on how best to shape new promotional activity undertaken by AEI.

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Higher education

The department continued to consult widely with the higher education sector, through a variety of forums, on implementing the Our Universities: Backing Australia’s Future package of higher education reforms. Major consultation has been conducted on reform initiatives such as the Higher Education Support Act 2003 Guidelines, the Carrick Institute for Learning and Teaching in Higher Education, the Learning and Teaching Performance Fund, new equity measures, new scholarships programmes, new collaboration measures, quality audits, higher education private provider status and the Higher Education Information Management System.

Information on implementing reforms is continually disseminated to the sector through the Our Universities: Backing Australia’s Future website and newsletter.

In 2004, the annual Educational Profiles system was replaced with a new accountability framework based on a more strategic bilateral engagement with each higher education provider and underpinned by the Institution Assessment Framework, which clearly articulates the Australian Government’s accountability requirements.

Detailed bilateral discussions between the department and individual institutions occur every two years. If a university identifies the specific need for additional meetings, or if concerns arise from the assessment, discussions will be held annually.

From 2005, each institution that receives funds under the Commonwealth Grants Scheme enters into a funding agreement with the Australian Government, specifying the number of places and the discipline mix that will be supported.

The funding agreements are negotiated each year in the context of each institution’s mission and strategic direction for course provision, strengthened Australian Government and state consultation and consideration of labour market needs. The agreements are finalised in the second half of each year. This process is separate from the Institution Assessment Framework discussions outlined above.

The department is undertaking consultations with stakeholders in relation to audit arrangements for private providers.

In addition, the department is currently undertaking broad consultations on two issues papers, with outcomes of consultations to be considered by the Ministerial Council on Employment, Education, Training and Youth Affairs (MCEETYA) later in 2005:

• Building University Diversity: Future approval and accreditation processes for Australian higher education
• Building Better Foundations for Higher Education in Australia: A discussion about
  re-aligning Commonwealth-state responsibilities.

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Innovation and research

The Expert Advisory Group (EAG) for the development of the Research Quality Framework was established in December 2004 and will operate during 2005. The group, chaired by Professor Sir Gareth Roberts from Oxford University, supports the development of the Research Quality Framework through provision of advice on processes and measures to assess the quality and impact of research in Australia’s universities and publicly funded research agencies including:

• international experiences of implementing research assessments and options for international benchmarking
• options to improve the comparability of quality assessment mechanisms across discipline areas
• cost effective approaches to undertaking research quality assessment processes
• advantages and drawbacks to linking quality assessment in universities and Publicly Funded Research Agencies (PFRAs) to research funds allocation
• appropriate processes for consultation with universities and PFRAs and other key stakeholders to progress consideration of a Research Quality Framework.

There have been two face-to-face meetings (17 March 2005 and 3 June 2005) of the EAG, and a National Stakeholder Forum was hosted on 2 June 2005. The next face-to-face meeting is due to take place on 19 August 2005 with a fourth meeting scheduled for 17 October 2005.

In October 2004, the Research Quality Framework web pages were established to provide a central site for information and communication with stakeholders. An invitation for public submissions was issued alongside the release of the Research Quality Framework Issues Paper and some 165 written submissions were received, mainly from universities, thematic groups and representative organisations.

The EAG also undertook a series of public consultations in each capital city to ensure that interested parties had additional opportunities for input to the issues presented in the Research Quality Framework Issues Paper and to encourage formal submissions. Some 100 invited representatives from universities, publicly-funded research agencies, and government and other representative organisations attended the National Stakeholder Forum. The EAG released a second paper in late May 2005, the Research Quality Framework Advanced Approaches Paper, to support the discussions at the forum.

The Minister established an advisory committee to advise him on the development and implementation of the National Collaborative Research Infrastructure Strategy (NCRIS). The committee has consulted with universities, researchers, industry, research agencies, state and territory governments and the general public on principles and funding mechanisms for NCRIS and on priority areas for investment. This included a round of public consultation meetings in each capital city and Townsville in November and December 2004 and targeted meetings with key stakeholders during the first half of 2005.

In November 2004 a Draft Implementation Framework paper was released. Stakeholders were invited to provide submissions in response. Around 75 submissions were received. The department has established an NCRIS webpage to provide information on the development of a strategic roadmap for Australia’s major research infrastructure investments and to provide an avenue for public comment.

Arising from a commitment made prior to the last election, the Australian Government, through the department and the Department of Communications, Information Technology and the Arts, has established an e-Research Coordinating Committee, chaired by Dr Mike Sargent, to act as the primary source of expert advice to the government on the development of Australia’s e-research capacity. The committee’s work is expected to better inform investment decisions made under programmes such as NCRIS and will guide the development of the Accessibility Framework, which will provide a consistent system-wide approach to ensure that information about publicly funded research is more widely accessible.

A discussion paper on e-research issues was released recently and consultations with stakeholders in the research community are underway until mid-July 2005. Taking into consideration the outcomes of these consultations the e-Research Coordinating Committee  will recommend a strategic e-research coordination framework for the longer term by the end of 2005.

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Categories of documents produced by the department

1. Documents that are open to public access (as part of a public register or otherwise) in accordance with an enactment other than the Freedom of Information Act 1982, where that access is subject to a fee or other charge:

• Commonwealth Register of Institutions and Courses for Overseas Students, maintained in accordance with the Education Services for Overseas Students Act 2000, is available from the department’s International Quality Branch. It is available either on a computer disk or as a printed report. A fee is charged for this service. Course and provider information extracted from the register can also be accessed on the Internet, free of charge.

2. Documents the public can purchase (this category includes statistical material and some research reports sold by the department):

• In-print National Office of Overseas Skills Recognition Country Education Profiles and The Skills Recognition Directory for Professional Occupations in ASEAN and Australia (the latter is also accessible on the Internet free of charge). A full list of National Office of Overseas Skills Recognition research papers can be found on the Internet.
• National Office of Overseas Skills Recognition Country Education Profiles are listed on the Internet.
• Students Selected Higher Education Statistics [2004 full year] can be ordered through the website. Individual tables from these publications can be downloaded free of charge from the site.

3. Documents that are usually made available to the public free of charge other than under the Freedom of Information Act 1982. This category includes the department’s annual report and various types of reports, publications, pamphlets and brochures, including:

• course and provider information extracted from the Commonwealth Register of Institutions and Courses for Overseas Students, which can be examined on the Internet free of charge
• guidelines for providers of education and training to overseas students; brochures and booklets on Australian education and training for international promotion purposes to international students
• brochures and booklets on Australian education and training for international promotion purposes to international students
• the Higher Education Annual Report for the 2004-2006 Triennium
• booklets, leaflets, posters and manuals on the Higher Education Loan Programme, including HECS-HELP, FEE-HELP and OS-HELP
• guidelines for programmes under the Higher Education Support Act 2003
• the Our Universities: Backing Australia’s Future newsletter
• the Cooperative Research Centres Directory
• the Innovation Report 2004-05:  Backing Australia’s Ability–Real Results, Real Jobs
• guidelines, selection criteria, application forms and other public information for the National Innovation Awareness Strategy grants for National Science Week, the Prime Minister’s Science Prizes, the Innovation Access Programme—International Science and Technology, the Cooperative Research Centres programme and the Major National Research Facilities programme, which can be obtained from the department’s web site, or direct from the Science Group
• publications covering a wide range of policy-oriented studies in areas of interest to the education, science and training portfolio, such as the National Survey of Research Commercialisation and Australian Science and Technology At A Glance 2004.

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Access to documents

People who wish to access documents through the Freedom of Information Act 1982 should make enquiries to:

FOI Coordinator
Litigation and External Review Section (Loc Code 765)
Procurement, Assurance and Legal Group
Department of Education, Science and Training
GPO Box 9880
Canberra ACT 2601

Applications for access to documents under the Freedom of Information Act 1982 must be made in writing. There is no mandatory application form. Applicants are encouraged to contact the Litigation and External Review Section with any questions. The application should be lodged with, or posted to, the above address. People applying for access should have an address in Australia to which notices may be sent and a telephone number for use during business hours. An officer of the department will help to clarify the request if there is not enough information in the application. Applications are processed as quickly as possible.

If the department receives a request for any information it does not have, the request will be referred to another agency which is closely connected with the function involved and which is known to have the information.

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Access other than through the Freedom of Information Act 1982

People can gain access to their own student assistance records. Centrelink holds current records, but the department holds some non-current records. A written application is required for access to records held by the department. Any enquiries about requests that have been lodged with the department can be made to the FOI Coordinator.

Table A2.1: Freedom of Information statistics

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