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TERTIARY ACCREDITATION AND REGISTRATION REGULATIONS 2004 (NO 22 OF 2004)
2004
The
Legislative Assembly for the Australian Capital
Territory
Tertiary Accreditation and Registration
Regulations 2004
Explanatory
Statement
Circulated by the authority of
Katy Gallagher
MLA
Minister for Education, Youth and Family Services
TERTIARY ACCREDITATION AND REGISTRATION REGULATIONS 2004
Outline
The purpose of the regulation is to
grant a delegation of specific ACT Accreditation and Registration Council power
to the Canberra Institute of Technology (CIT). The delegation is to accredit
vocational education and training courses.
Background
The
Canberra Institute of Technology has held a delegation from the ACT
Accreditation and Registration Council (ARC) for more than six years. With the
introduction of new legislation in
2003[1] the delegation was reviewed
and the ARC agreed that the Canberra Institute of Technology (CIT) be granted a
further delegation to accredit vocational education and training courses. The
previous agreement was endorsed under the council’s previous legislation,
the Vocational Education and Training Act 1995.
The council is able to
delegate its functions to outside bodies, under S.10 of the Tertiary
Accreditation and Registration Act 2003. It has agreed to grant the Canberra
Institute of Technology a specific delegation to accredit courses in the
vocational education and training sector.
Accordingly, regulations
pursuant to Section 10 of the Tertiary Accreditation and Registration Act 2003
have been drafted and require presentation to the Legislative Assembly, in order
for a new delegation to proceed.
The CIT has demonstrated over a number
of years and at a recent audit their capacity to meet the course accreditation
requirements of the Australian Quality Training Framework, ie the national
standards for registering/course accrediting bodies.
In terms of risk
managing the proposed delegation, council will retain an official observer role
on the CIT internal accreditation committee. All accreditation outcomes from
the delegated process will be passed to council’s secretariat for entry to
the national register. The volume of courses accredited by the CIT under the
previous delegation was relatively low, at 8 to 10 programs per year. This
volume of activity is expected to remain stable.
To effect the
proposed delegation, a regulation pursuant to the Tertiary Accreditation and
Registration Act 2003 must be presented to the Assembly, as a disallowable
instrument.
Details
Detailed explanation of each
section of the Regulation follows.
Names the Regulations.
These regulations commence on the day after their notification day.
States that the notes provided in the Regulation are not part of the law and
are intended to assist readers with additional information or
explanation.
4. Delegation by council to director, CIT—Act, s 10
(d)
States that the council may delegate the exercise of its function
under the Act,
section 8 (1) (b) to the director, CIT. A note to this
section indicates to the reader that the delegated function is the accreditation
of vocational education and training courses and higher education courses. This
section also defines “director, CIT” as the Director under the
Canberra Institute of Technology Act 1987.
The Regulation will be
supported by an instrument of delegation that is to specify the administrative
matters to support operation of the delegation by CIT, including how the Council
will continue to maintain an overseeing role in course accreditations. While
the function to be delegated includes both vocational and higher education
course accreditation, the Council decision covers only vocational courses. The
instrument will restrict the function to be delegated to courses currently
described under the Australian Qualifications Framework.
The instrument
of delegation will be drafted with input from the ACT Government Solicitor, to
ensure consistency with the Tertiary Accreditation and Registration Act 2003 and
this Regulation.
[1] Tertiary Accreditation and Registration Act 2003