A Bill for an Act to provide for the appointment of the Regional, Rural and Remote Education Commissioner to establish a national focus for education, training and research to enhance access, outcomes and opportunities in regional Australia, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Regional, Rural and Remote Education Commissioner Act 2018.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Sections 3 to 22 | The day the Consolidated Revenue Fund is appropriated under an Act to the Department in which this Act is administered for payment to the Commissioner. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Simplified outline of this Act
There is to be a Regional, Rural and Remote Education Commissioner.
The Commissioner is to:
(a) provide advice to the Minister responsible for education and training about education, training and research to enhance access, outcomes and opportunities for regional, rural and remote students, and about the role of educational institutions in developing regional economies, sustaining economic growth and supporting employment in regional, rural and remote Australia; and
(b) collect, analyse and publish relevant information, and undertake and publish research, to inform the development of policies and strategies relating to education, training and research to enhance access, outcomes and opportunities for regional, rural and remote students.
As part of the advice the Commissioner must provide to the Minister, the Commissioner must develop a national strategic framework for regional, rural and remote education, training and research, including a national regional higher education and training strategy.
The Commissioner will work with regional education and training stakeholders in performing the Commissioner’s functions.
4 Definitions
In this Act:
Commissioner means the Regional, Rural and Remote Education Commissioner.
Minister means the Minister responsible for education and training.
national regional higher education and training strategy means the strategy referred to in subsection 8(1).
regional, rural and remote areas means any area that is classified as inner regional, outer regional, remote or very remote under the Remoteness Structure described in:
(a) the document titled “Australian Statistical Geography Standard (ASGS): Volume 5 ‑ Remoteness Structure, July 2011”, published by the Australian Statistician, as amended from time to time; or
(b) the most recent replacement document that is published by the Australian Statistician, as amended from time to time.
regional, rural and remote students means students from regional, rural and remote areas.
5 Act binds the Crown
This Act binds the Crown in each of its capacities.
Part 2—Regional, Rural and Remote Education Commissioner
6 Regional, Rural and Remote Education Commissioner
There is to be a Regional, Rural and Remote Education Commissioner.
7 Functions of the Regional, Rural and Remote Education Commissioner
Advice
(1) It is a function of the Commissioner to provide advice to the Minister about:
(a) education, training and research to enhance access, outcomes and opportunities for regional, rural and remote students; and
(b) the role of educational institutions (including childcare providers, schools, universities, and vocational education and training providers) in developing regional economies, sustaining economic growth and supporting employment in regional, rural and remote Australia.
(2) Without limiting subsection (1), the Commissioner’s advice must include:
(a) the development of a national strategic framework for regional, rural and remote education, training and research, that must cover (but is not limited to) the following matters:
(i) a national approach to policy, planning, design and delivery;
(ii) improving access, outcomes and opportunities for regional, rural and remote students;
(iii) the role of educational institutions in developing regional economies and contributing to the social and cultural development of their regions;
(iv) the role of the Commonwealth in regional, rural and remote education, training and research;
(v) performance measures and monitoring arrangements; and
(b) advice on the Commissioner’s monitoring and evaluation of the progress of that national strategic framework; and
(c) advice on the appropriateness and effectiveness of current modes of education delivered in regional, rural and remote areas; and
(d) making recommendations on policy approaches and programs to support improved access and achievement of regional, rural and remote students in school and in their transition to further study, training or employment.
Information and research
(3) It is also a function of the Commissioner to:
(a) collect, analyse and publish relevant information; and
(b) undertake and publish research;
to inform the development of policies and strategies relating to education, training and research to enhance access, outcomes and opportunities for regional, rural and remote students.
Other functions
(4) The functions of the Commissioner also include:
(a) such other functions as are conferred on the Commissioner by the regulations or any other law of the Commonwealth; and
(b) to do anything incidental to or conducive to the performance of any of the Commissioner’s other functions.
Powers of the Commissioner
(5) The Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner’s functions.
Consultation
(6) In performing the Commissioner’s functions, the Commissioner must consult with:
(a) the States and Territories; and
(b) such other regional education and training stakeholders (including local government, regional development bodies, education and training providers, representative bodies, and industry in regional, rural and remote areas) as the Commissioner considers appropriate.
8 National regional higher education and training strategy
(1) The national strategic framework developed by the Commissioner under paragraph 7(2)(a) must include a strategy to be known as the national regional higher education and training strategy.
(2) The strategy must be prepared by the Commissioner and given to the Minister within the period of 6 months starting on the commencement of this section.
(3) The strategy must cover, but is not limited to, the following matters:
(a) strategies to support the provision of higher education and training in regional, rural and remote areas, including a review of regional loading;
(b) strategies to increase the representation of regional, rural and remote students in higher education and training;
(c) strategies to address the sustainability of communities in regional, rural and remote areas and the declining population of young people in regional, rural and remote areas;
(d) strategies to provide greater support for those transitioning between secondary and higher education and training, including support to stay in an area that is a regional, rural and remote area or to relocate from such an area to an urban area;
(e) strategies to ensure there is recognition of the workforce and economic development requirements of the community in developing higher education and training policy;
(f) strategies to support the role of higher education and training providers that are based in regional, rural and remote areas in creating diverse and resilient regional economies, taking into consideration other relevant policies and programs;
(g) strategies to increase the performance of regional universities and vocational education and training providers in student retention, teaching quality, equity, and contribution to social, cultural and economic prosperity.
(4) The Minister must cause a copy of the strategy to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of the period of 6 months starting on the commencement of this section.
(5) The Commissioner must, every 4 years, revise the strategy and give the revised strategy to the Minister.
(6) The Minister must cause a copy of a revised strategy under subsection (5) to be tabled in each House of the Parliament within 4 years after the previous strategy or revised strategy was tabled under this section.
9 Commissioner to publish advice
(1) The Commissioner must publish, on the Commissioner’s website, any advice the Commissioner provides to the Minister.
Note: The Commissioner may also publish information and research (see subsection 7(3)).
(2) Subsection (1) does not apply to the national regional higher education and training strategy, including that strategy as revised.
Note: The strategy, and each revised strategy, must be tabled in the Parliament (see section 8).
10 Appointment
(1) The Commissioner is to be appointed by the Minister by written instrument, on a full‑time basis or a part‑time basis.
Note: The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.
(3) A person is only eligible to be appointed as the Commissioner if the person has:
(a) experience in education or training in regional, rural and remote areas; and
(b) high level skills in:
(i) academic research; or
(ii) business or economics; or
(iii) government or administration.
11 Acting appointments
The Minister may, by written instrument, appoint a person to act as the Commissioner:
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
12 Terms and conditions
The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Part that are determined by the Minister.
13 Remuneration
(1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the instrument under subsection (4).
(2) The Commissioner is to be paid the allowances that are prescribed by the instrument under subsection (4).
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(4) The Minister may, by legislative instrument, prescribe:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
14 Leave of absence
(1) If the Commissioner is appointed on a full‑time basis, he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) If the Commissioner is appointed on a full‑time basis, the Minister may grant him or her leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3) If the Commissioner is appointed on a part‑time basis, the Minister may grant him or her leave of absence on the terms and conditions that the Minister determines.
15 Other paid work
(1) If the Commissioner is appointed on a full‑time basis, he or she must not engage in paid work outside the duties of his or her office without the Minister’s approval.
(2) If the Commissioner is appointed on a part‑time basis, he or she must not engage in any paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of his or her duties.
(3) In this section:
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
16 Resignation
(1) The Commissioner may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
17 Termination of appointment
(1) The Minister may terminate the appointment of the Commissioner:
(a) for misbehaviour; or
(b) if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of the Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) if the Commissioner is appointed on a full‑time basis—the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) if the Commissioner is appointed on a full‑time basis—the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see subsection 15(1)); or
(d) if the Commissioner is appointed on a part‑time basis—the Commissioner engages in paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of his or her duties (see subsection 15(2)); or
(e) the Commissioner fails, without reasonable excuse, to comply with section 18.
18 Disclosure of interests
The Commissioner must disclose to the Minister details of any direct or indirect pecuniary interests that the Commissioner has or acquires and that conflict or could conflict with the proper performance of the Commissioner’s functions.
19 Annual report
(1) The Commissioner must, within 3 months after the end of each calendar year, prepare and give to the Minister, for presentation to the Parliament, a report about the Commissioner’s activities during the previous calendar year (the reporting period).
Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.
(2) The report must include:
(a) details of the Commissioner’s activities during the reporting period; and
(b) any other matters the Minister directs the Commissioner to include in the report.
20 Minister may give directions to the Regional, Rural and Remote Education Commissioner
(1) The Minister may, by notifiable instrument, give written directions to the Commissioner about:
(a) the performance of the Commissioner’s functions; and
(b) matters to be included in a report under section 19.
(2) The Commissioner must comply with a direction under subsection (1).
21 Assistance from APS employees
(1) The Secretary of the Department may enter into an arrangement with the Commissioner for the services of APS employees in the Department to be made available to assist the Commissioner.
(2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.
Part 3—Regulations
22 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed by the regulations; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.