The Government’s Bill establishing a Code to prevent and respond to gender-based violence in higher education institutions is set to sail through Parliament. But while universal support for the intent is assured, elements in the way it will be enforced are being noted.
The Senate Scrutiny of Bills Committee reports that a legislative instrument will set out the standards and requirements providers must meet and that obligations flow from the Code, which if not met can incur a $66,000 fine and “trigger monitoring and investigation powers.”
About which, the Committee comments, “in such circumstances the Committee would generally expect greater detail in the Bill itself as to what the code must contain and/or a more detailed explanation in the explanatory memorandum as to the need to set the Code entirely out in delegated legislation.”
And it reminds the Senate, “a legislative instrument made by the executive is not subject to the full range of Parliamentary scrutiny inherent in bringing forward proposed legislation in the form of a Bill.”
The Parliament’s Bills Digest also reports “it is not clear” if the legislative instrument setting out how the Code will be enforced, “will be subject to disallowance.”
It is a point Senators who read what the Department of Education has in mind for enforcing the code might want to consider. DoE sets out in detail, quite a lot detailed detail, how it will, “monitor and enforce” the Code. And woe to any who do not stick to it, with “financial penalties, enforceable undertakings and court ordered compliance.”
But who in DoE will do the enforcing? Last May, a discussion paper for the code, referred to a dedicated Unit being established, delivering a range of education, regulation and communication activities to ensure the sector’s ongoing compliance with the National Code.
Perhaps this sounded too CSI, as it’s not in the February 6 draft. But the Department makes it plain that it has a bunch of power, which it will use.
