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Legislative Assembly for the ACT: 2000 Week 9 Hansard (7 September) . . Page.. 3021 ..


MR BERRY (continuing):

Established in a foreign country and recognised by the authority in the foreign country that, in the Minister's opinion, formed after consultation with the council, is the competent authority for the purpose; or

The council is the Accreditation and Registration Council, which is formed under the Vocational Education and Training Act, and its members are appointed by the minister, I assume, under the act.

I was just a wee bit nervous that the minister could form an opinion on his own. I know that the minister has an amendment which goes to the same issue where the minister would form an opinion after consulting relevant bodies, or words to that effect. I want the legislation to be a little more specific than that.

The Accreditation and Registration Council is a competent body with its terms of reference set out very clearly in the act. The legislation would have to be changed in this place for this body to cease to exist. The council, which is constituted under the legislation, would be an appropriate consultation point for the minister before forming a view about what is a competent authority in a foreign country. My amendment merely requires the minister to consult with a body competent to deal with these issues before making a decision in relation to the matter.

Amendment negatived.

MR STEFANIAK (Minister for Education) (4.49): I move:

Clause 4, page 2, line 15, paragraph (c), proposed definition of university , paragraph (b), after "opinion,", insert "based on reasonable grounds,".

This amendment goes to the same point as that made by Mr Berry. However, unlike Mr Berry's amendment, which sought to insert the words "formed after consultation with the council", my amendment seeks to insert the words "based on reasonable grounds". So paragraph (b) would read:

established in a foreign country and recognised by the authority in the foreign country that, in the Minister's opinion, based on reasonable grounds, is the competent authority for the purpose; or

Mr Berry and I have discussed this matter. Initially, might I say that this particular section as it stands without amendment has been lifted from the Queensland act. Basically, the bill seeks to include in the act a definition of "university" so that a non-university provider can be quickly and clearly identified. It is a concise and direct definition based on the premise that in Australia and in most overseas countries universities are established by statute or must be recognised by a relevant government authority. The wording of the amendment gives the minister of the day some degree of discretion in recognising overseas authorities with responsibility to accredit or recognise a university.

I have moved my amendment as a result of some concerns Mr Berry has about the minister acting completely off his or her own bat. Quite clearly, I think any responsible minister would take advice and would have to act on reasonable grounds whether or not


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