Kim Carr (Victoria, Australian Labor Party, Minister for Innovation, Industry, Science and Research) Share this | Hansard source

Under the existing law that is the case. But perhaps I should add this, in terms of the government’s proposal for new arrangements. Following the repeal of the national governance protocols the minister will advise ministers that pending the development and the implementation of a new voluntary code she regards the national governance protocols as an ongoing benchmark for good governance practice. She would regard any substantial noncompliance with this benchmark—whether reflected in a recommendation arising from the quality audit by the AUQA or otherwise—as indicating a potential breach of the quality requirements specified in section 19-15 of the Higher Education Support Act.

It is a condition of funding under the Commonwealth Grants Scheme that the higher education provider must meet the quality and accountability requirements that are covered by sections 36-60. If a provider breaches a condition of a grant, the minister may reduce or require repayment of the grant under section 54-1—of course, with the additional matters in terms of the process that that covers, which are covered by other sections. The minister may also revoke a body’s approval as a higher education provider if the minister is satisfied that it has breached a condition of a grant or a quality and accountability requirement. That is covered by section 22-15.