Regulatory and Policy Framework

Australia has a well-developed regulatory framework. Each state or territory has its own education department with direct responsibility for the delivery of public education. All non-government schools must be registered with the state or territory education department and are subject to regular inspection. In general, non-government schools follow the same curricula as government schools and conform to identical standards in terms of infrastructure and teacher registration.

At present, Australian universities are largely self-regulated, save where they provide vocational-level programs. Each of the Australian public universities has been established by a separate Act of Parliament, which allows the university to self-accredit most courses and programs. For historical reasons, most of these Acts have been passed by the Parliaments of the States and Territories.

a)    International regulatory and policy frameworks

AUQA is a member of the Asia-Pacific Quality Network (APQN) and the

International Network for Quality Assurance Agencies in Higher Education (INQAAHE)

b)    Regional agreements

None.

c)     National regulations and policy

There is a significant body of Commonwealth legislation in the area of education and training. Only the major recent Commonwealth Acts are listed here:

Australian National Training Authority Act (1992)

Education Services for Overseas Students (ESOS) Act (2000)

Commonwealth Register of Institutions and Courses for Overseas Students (CRISCOS) Act (1999)

Higher Education Support Act (2003)

Skilling Australia’s Workforce Act (2005)

Skills Australia Act (2008)

Shaping Our Future: Australia's national strategy for vocational education and training 2004-2010 (2003)

Transforming Australia's higher education system (2009)

An education revolution for Australia's future (2009)

Melbourne declaration on educational goals for young Australians (2008)

MCEETYA Four Year Plan, 2009–2012: Companion document for the Melbourne Declaration (2009)

Skills' Australia foundations for the future (2009)

Digital Education Revolution Strategic Plan (2008)

National Professional Standards for Teachers Draft 2010

d)    State/District regulations and policy

The Parliaments of each State and Territory regulate to control educational delivery within its boundaries. Each State or Territory has its own Education Act (or equivalent) and extensive legislation relating to public and private TVET provision.

It is possible only to give an idea of the range of legislation at the State and Territory level. The NSW Department of Education & Training alone is currently responsible for the administration of the following pieces of State legislation:

Education Act (1990)

Teaching Service Act (1980)

Teaching Service Regulation (2007)

Parents and Citizens Associations Incorporation Act (1976)

Commission for Children and Young People Act (1998)

Children and Young Persons (Care and Protection) Act (1998)

Institute of Teachers Act (2004)

Education (School Administrative and Support Staff) Act (1987)

Education (School Administrative and Support Staff) Regulation (2008)

TAFE Act (1990)

Vocational Education and Training Act (2005)

In addition, the NSW Parliament has passed a number of Acts relating to universities situated within the State. The major Acts in force are:

Australian Catholic University Act (1990)

Charles Sturt University Act (1989)

Macquarie University Act (1989)

Southern Cross University Act (1993)

University of New England Act (1993)

University of New South Wales Act (1989)

University of Newcastle Act (1989)

University of Sydney Act (1989)

University of Technology, Sydney, Act (1989)

University of Western Sydney Act (1997) 

University of Wollongong Act (1989)

e)    University policies

During recent years, the higher education sector has experienced a rapid change in the policy environment. Successive governments have placed increasing emphasis on outcomes and efficiency. Australian universities are therefore under growing pressure to deliver higher quality research outputs, as well as continuously improve their teaching and learning. Faced with these rising demands, many universities across Australia have radically revised their operational models. There has been an increased trend toward managerialism, as university decision-makers seek to strengthen their ability to respond to demands from Commonwealth agencies.

The Excellence in Research for Australia (ERA) initiative is one aspect of the Commonwealth Government’s renewed emphasis on research quality. The ERA aims to provide a transparent system to assess research quality, utilising a combination of research metrics and expert review committees. ERA will detail areas within universities and disciplines that are internationally competitive, as well as point to emerging areas where there are opportunities for development and further investment. ERA rankings are expected to have a major impact on institutional prestige and the allocation of resources and funding.

Another reform proposal with radical implications is the establishment of a national Tertiary Education and Quality Standards Agency (TEQSA). From 2012, this agency will be responsible quality assurance across the Australian higher education sector. TEQSA will register and evaluate the performance of public and private higher education providers against the new Higher Education Standards Framework. Public universities which currently have the authority to self-accredit courses and programs will lose this authority, which will be automatically transferred to TEQSA. The new quality assurance model has some benefits for universities: those who are able to meet the new quality performance criteria and equity outcomes will be receive additional funding.

Australia

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