Letter of Transmission

1. The Secretary's review 1999-2000

2. The Department

3. A summary of the Department's roles and the new reporting framework

4. Analysis of performance for Outcome 1

5. Analysis of performance for Outcome 2

6. Analysis of performance for Outcome 3

7. People management

8. Management and accountability

9. External scrutiny and legal matters affecting the Department

A1. Staffing statistics

A2. Occupational health and safety

A3. Freedom of information

A4. Payments to advertising and market research organisations

A5. Consultancies

A6. Performance against actual results against outcomes and outputs

A7. Financial statements

A8. The Higher Education Contribution Scheme

A9. Discretionary grants

A10. Glossary and acronyms

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Section 1.Decision making powers 
Section 2. Arrangements for outside participation 
Section 3. Categories of document produced by the Department  
Section 4. Access other than through the Freedom of Information Act 1982  

This appendix has been prepared in accordance with the Freedom of Information Act 1982 (the Act), Section 8. 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. It includes details about documents held by the Department and how members of the public can obtain copies of them.

Information about the organisation of the Department and its functions, which is required under Section 8 of the Act, is covered in Chapter 2 of this report, the corporate overview.

Section 1 - Decision-making powers

The Minister has powers to make decisions in accordance with:

• the States Grants (Primary and Secondary Education Assistance) Act 1996 which makes provision for grants of financial assistance to or through State and Territory Governments;
• the Indigenous Education (Supplementary Assistance) Act 1989 which makes provision for grants of financial assistance under the Indigenous Education Strategic Initiatives programme; and
• the annual Appropriations Acts for several programmes, in particular, the Indigenous Education Direct Assistance programme.

The Minister also has powers to make decisions in accordance with the Higher Education Funding Act 1998, which:

• makes provision for grants of financial assistance to higher education institutions and other bodies for higher education purposes;
• makes provision for the determination of the Higher Education Operating Grants Index and the maximum amount students can borrow for a unit of study under the Open Learning Deferred Payment Scheme;
• makes provision for 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 and fees policy; and
• makes provision for certain students to be exempt from the requirements to pay their Higher Education Contribution Scheme contribution up-front each semester.

The Secretary has powers to make decisions in accordance with the Higher Education Funding Act 1988 which:

• makes provision for the remission of the whole or part of a debt incurred under those schemes.

The Commissioner of Taxation has powers to make decisions in accordance with the Higher Education Funding Act 1988 which:

• makes provision for students not to be provided with a Tax File Number;
• makes provision for the repayment of moneys lent by the Commonwealth to students; and
• makes provision for the deferral of a compulsory repayment of a Higher Education Contribution Scheme debt.

Departmental Officers can have these decision-making powers delegated to them by the Minister or the Secretary.

The Minister authorises officers to make decisions on whether certain students can be exempt from the requirements to pay their Higher Education Contribution Scheme debt up-front each semester.

Decision-making powers to provide support for systems, organisations and individuals that help to achieve the Government’s training reforms are conferred by Ministerial approval of policy guidelines. 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 (Registration of Providers and Financial Regulation) Act 1991 concerning registration of providers whose courses have been accredited and approved by the relevant State or Territory education authority: and
• the Education Services for Overseas Students (Registration Charges) Act 1997 concerning registration charges for providers.

The Minister authorises 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 the recovery of debts and the gathering and release of information concerning the correct rate of payment.

Authorised officers have decision-making powers for initiatives to improve the national perception of the value and status of young people and to provide assistance to young people. These powers are conferred by Ministerial approval of policy guidelines. The authorised officers are also able to make and review decisions concerning eligibility for these programmes.

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Section 2 - Arrangements for outside participation

Schools

The Department has regular contact with clients on schools policy and programme administration. The Department consulted extensively with State and Territory Governments and non-government education authorities while developing the Commonwealth Programmes for Schools Quadrennial Administrative Guidelines 1997 to 2000. The consultation centred on administrative requirements and funding allocations in conjunction with the funding agreements. The Department also consults with the same education authorities on policy and programme matters and contributes to policy development in the Ministerial Council on Education, Employment, Training and Youth Affairs.

Vocational education and training

Australia’s national vocational education and training system is being developed through continuing consultation between Commonwealth, State and Territory governments, the Australian National Training Authority, industry and other stakeholders. The Department also consults regularly with peak industry bodies and with industry organisations such as the National Industry Training Advisory Bodies and Group Training Companies.

International

The Department consults in relation to overseas students with the education and training export industry and with relevant State and Territory Authorities.

Higher education

The Department consults on the allocation of higher education resources through:

• annual discussions between the Department and higher education institutions on developments in their educational profiles. Issues discussed include performance to achieve planned enrolment levels, developments in Commonwealth policy, quality assurance, equity and plans for the forthcoming triennium including bids for resources; and
• joint planning committee meetings, which are held several times a year. They consider higher education funding priorities. The Joint Planning Committee comprises representatives of the Department and State and Territory Governments.

Youth affairs

The Department provides national leadership in youth affairs. To improve life prospects for all young people, it coordinates outside participation from a wide range of stakeholders. These include the public and private sectors, community organisations and young Australians. In particular, the Department :

• encourages communication and consultation through initiatives such as Voices of Youth, which provides an opportunity for Young Australians, organisations working with young people and the Commonwealth Government to exchange ideas through the National Youth Roundtable, the Youth Parliament and an interactive web site, The Source;
• coordinates participation by government agencies in youth affairs at Commonwealth, State and local level through involvement in the Ministerial Council on Education, Employment, Training and Youth Affairs;
• supports an integrated package of vocational information and career counselling services through the Youth Taskforce;
• promotes participation on the broadest scale across all sectors through, for example, a programme of seminars and conferences that assist cross-portfolio communication and interaction between academics and practitioners from the community and business sectors; and
• promotes cross-sectorial participation in specific activities. For example, by working in partnership with the Aboriginal and Torres Strait Islander Commission, the Body Shop and the Commonwealth Youth programme to conduct Enterprise Development workshops. These workshops provide young Indigenous Australians with training to establish and run a small business.

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Section 3 - 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:

• The Commonwealth Register of Institutions and Courses for Overseas Students, maintained in accord with the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991, is available from the International Policy Branch of the Department. It is available either as 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 that are available for purchase by the public. This category includes statistical material sold by the Department , and the following:

• National Office of Overseas Skill Recognition Country Education Profiles, The Skills Recognition Directory for Professional Occupations in ASEAN and Australia (also accessible on the Internet free of charge) and The Recognition of Professional and Technical Qualifications in Australia. A full list of research papers can be found at http://www.detya.gov.au/noosr/publications.htm.

3. Documents that are usually made available to the public free of charge other than under the Freedom of Information Act. This includes the Annual Report, pamphlets and brochures and the following:

• Course and provider information extracted from the Commonwealth Register of Institutions and Courses for Overseas Students can be examined on the Internet free of charge;
• Guidelines for the providers of education and training to overseas students;
• Higher Education Report for the 199-2001 Triennium;
• Higher Education Contribution Scheme and Open Learning Deferred Payment Scheme booklets and manuals; and
• Publications covering a wide range of policy oriented studies in areas of interest to the higher education sector. A full list of publications can be found at http://www.detya.gov.au/highered/repts.htm

Access to documents

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

FOI Coordinator
Litigation and External Review Section
Legal, Business Assurance and Investigations Branch
Department of Education, Training and Youth Affairs
GPO Box 9880
Canberra ACT 2601

Applications for access to documents under the Freedom of Information Act are 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 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.

The Department will refer a request for any information it does not have to another agency closely connected with the function involved and which is known to have the information.

These procedures also apply to freedom of information matters concerning Review Tribunals.

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Section 4 - Access other than through the Freedom of Information Act 1982

People can get 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 inquiries about requests that have been lodged with the Department can be made to the Litigation and External Review Section. Their contact details are in the section before this.

Table 37. Freedom of Information statistics