Showing posts with label TAFE. Show all posts
Showing posts with label TAFE. Show all posts

25 June 2019

Demand Driven Tertiary Education in Australia

The Productivity Commission's The Demand Driven University System: A mixed report card discussion paper offers the following key points
• University education can be transformative. It is also costly in terms of forgone earnings, student debt and Commonwealth outlays, so it is important that students, taxpayers and the broader community benefit from the investment. 
• The ‘demand driven system’ in place between 2010 and 2017 was intended to increase domestic student numbers and give under represented groups greater access. The results were mixed. 
• It was certainly effective in increasing numbers: the share of young people that attended university by age 22 years increased from 53 per cent in 2010 to an estimated 60 per cent in 2016, based on data from the Longitudinal Surveys of Australian Youth. 
• Multivariate regression analysis shows that the ‘additional students’ — those whose attendance can be ascribed to the expansion of the system — were drawn from many backgrounds. However, compared with other students, they typically had lower literacy and numeracy and a lower Australian Tertiary Admission Rank (most had an ATAR less than 70). 
• Many of the additional students succeeded. About half of the additional students graduated by age 23 years (with many still studying). About half of those graduates entered managerial or professional occupations, outcomes that are similar to those of other graduates. 
• However, people that enter university with lower literacy and numeracy and a lower ATAR drop out at higher rates. By age 23 years, 21 per cent of the additional students had left university without receiving a qualification compared with 12 per cent of other students. 
• University participation increased within some under represented ‘equity groups’, but not others. – School students from a low socioeconomic background and ‘first in family’ students were more likely to participate in higher education following the expansion in university places. – However, the participation ‘gaps’ (compared to those not in the equity group) remain for Indigenous people and for people from regional or remote areas, and may have widened. 
• Despite the expansion, the level of participation among all these groups remains far lower than for people who do not come from disadvantaged backgrounds — a reflection of poorer average school performance and a range of cultural and environmental factors. In the latter respect, an equity group student with a given level of academic ability is still significantly less likely to attend university than their non equity equivalents. 
• Overall, the demand driven system succeeded in increasing the number of students and made progress in improving equity of access. However, many are entering university ill prepared and struggling academically. 
This study suggests some areas for further policy consideration: 
– The school system has arguably not adapted to the role needed of it to prepare more young people to succeed at university, or more broadly to meet the growing demand in the Australian economy for complex and adaptable skills. Average literacy and numeracy of school children needs to rise to fill this role, reversing the sharp falls since 2003. 
– Children growing up in regional or remote areas with the same academic ability as their metropolitan peers continue to be much less likely to attend university. 
– The growing risk of students dropping out of university requires attention. On average, the additional students need greater academic support to succeed. While universities had strong incentives to expand student numbers, the incentives for remedial support are weak. 
– University will not be the best option for many. Viable alternatives in employment and vocational education and training will ensure more young people succeed.
The Commission argues
University can be transformative. Most university students succeed academically and go on to rewarding careers. On average, they earn higher wages and are less likely to be unemployed — which means higher taxes and lower social security benefits — and they make the economy more innovative and adaptive. 
A well functioning higher education system should provide students with opportunities and empower them to make the choice of whether or not to study. It should match students with suitable study opportunities and meet the needs of the labour market. It should be open to people regardless of their background. It should also encourage those who will benefit most from the many years spent acquiring a qualification and support students to succeed while at university, recognising that university education is costly to students and the public more generally. The Australian university system has evolved to meet these goals. Funding, pricing and institutional changes have slowly shifted the university system from the province of a small group of universities servicing a small, mainly male, share of the population in the 1950s and 1960s, to a key pillar of the skills formation system. It now involves a large share of school graduates and, after Dawkins’ reforms, dozens of universities. 
The most recent significant expansion of university participation was due to the implementation of the ‘demand driven system’ from 2010 to 2017 (the result of recommendations made by the Bradley Review of Higher Education). Fiscal constraints were no longer part of the rationing mechanism. The Australian Government removed caps on its support for most domestic undergraduate students. Everyone could attend university, limited only by the students’ willingness to invest their time and incur (concessional) debt, and universities’ admission requirements. The policy aimed to expand undergraduate education for domestic students and improve the equity of access for disadvantaged groups. The policy was underpinned by the view that investment in higher education was falling behind the growing need for university educated workers in the Australian economy.
An uncapped system has the virtue of letting students — who generally know their capabilities and lifetime aspirations better than government or universities — make choices about whether investing in university makes sense for them. It recognises that universities and governments are unable to accurately predict students’ future university outcomes. The most prominent basis for entry — the Australian Tertiary Admission Rank (ATAR) — is an imprecise indicator. A system that conservatively screens out students who would benefit from university attendance means that many with good prospects will be denied access under capped systems. The demand driven system also gave students a greater chance to try some university study and learn whether it suited their skills and aspirations. 
On the other hand, students only bear a share of the costs of university attendance and may have imperfect information about their likely success. So uncapped systems — where universities are funded based on how many students they enrol, rather than a fixed sum of money — face the risk of encouraging attendance by people who will not ultimately benefit, accompanied by student debt, diversion from superior educational options, forgone earnings from jobs that do not need a university qualification, and costs to taxpayers. 
This study explores some of the costs and benefits of moving to a demand driven system by comparing access and student outcomes before and after the policy change. 
The Commission’s approach 
This is a descriptive study. The study explores what happened to young Australians during the demand driven system using administrative, population and longitudinal data. The study addresses two research questions:
1. Who are the ‘additional students’ who enrolled in university under the demand driven system who would not have had the opportunity in earlier periods, and what are the academic and labour market outcomes they achieved? 
2. To what extent was the demand driven system more accessible to people from under represented ‘equity groups’ (figure 1)? And what factors predict the under representation of these groups?
The study draws on a range of data, such as the Census of Population and Housing, administrative data sourced from the Department of Education and Training, and the Quality Indicators of Learning and Teaching dataset. The centrepiece of this study is an analysis of the Longitudinal Surveys of Australian Youth (LSAY). The LSAY provides remarkably rich data on adolescents’ lives as they grow and enter adulthood, beginning at around age 15 years and tracking through to age 25 years. This includes objective measures of school achievement. Since 2003, the LSAY participants have sat the OECD Program of International Student Assessment (PISA) in literacy and numeracy. While the previously mentioned data sets provide population benchmarks, the detail in the LSAY provides the best estimates available about young Australians’ education decisions and the barriers they face to university access and success. Unlike many previous studies using the LSAY, this study draws comparisons across cohorts. The focus is on the cohorts that enter the surveys at age 15 years in 2003, 2006 and 2009. The study considers determinants of their university participation by age 22 years — at the commencement of the demand driven system in 2010, and then in 2013 and 2016 respectively. It then follows students over time to assess their graduation rates and labour market transitions. 
The relatively abrupt change in the mechanism for determining university access provides a natural experiment. In some ways, this study is a simple before and after analysis. The mechanism for determining university access before 2010 allowed fewer people access; beginning in 2010, more people were given access to a university education. This study uses statistical analysis to identify, in a probabilistic way, the additional students and considers their academic and labour market outcomes. 
This study is not a policy evaluation of the demand driven system. It has made no attempt to weigh the benefits in terms of greater opportunity against the resource costs of expanding the system. Moreover, while the demand driven system contributed to a large change in the supply of domestic university places, other factors such as the youth labour market, technological change, problems in the vocational education and training system, skilled migration, and many other social and economic factors also affect who took up these places and the outcomes they achieved. Nevertheless, this study seeks to make a contribution by identifying who the additional students were under the demand driven system, without which it would be difficult (if not impossible) to make a rigorous assessment of the policy. It also highlights the connection between university success and school achievement (measured by literacy and numeracy at age 15 years) and the role that this achievement plays in explaining the persistent under representation of equity groups. 
New opportunities for many, though some ‘additional students’ fared poorly 
The demand driven system had pronounced effects on Australians’ access to higher education. The transition to a demand driven system saw a progressive increase in the cap on Australian Government supported domestic undergraduate places by 5 per cent in each of 2010 and 2011, followed by uncapped funding from 2012 for almost all fields of study. Overall, between 2009 and 2017, the number of domestic bachelor degree students increased by one third (figure 2). The proportion of young people who enrolled in university has increased and a clear majority of Australians now attend university at some point by the age of 22 years. In step with the increase in enrolments, Australian Government expenditure (including deferred student contributions) increased in real terms from $6.4 billion in 2009 to $9.3 billion in 2017. 
The expansion in the number of Australian Government supported university places meant additional students had an opportunity to attend university during the demand driven system that they would not have had in earlier periods. These additional students come from a wide range of backgrounds, but are more likely to have certain traits than ‘other students’ (i.e. those that were not additional students). For example, the additional students are more likely to come from low socioeconomic families, study at public schools and grow up in metropolitan areas (figure 3). 
The most distinct feature of this group of additional students, compared with other university students, is that their school achievement was weaker. Prior to the demand driven system, ATAR scores were a primary mechanism for rationing places. While they remain important for entry by year 12 students and for many courses offered by Group of Eight universities, the most rapid growth in the system came from enrolments by students who had been out of school for a period into courses at non Group of Eight universities. Around two thirds of additional students have an ATAR below 70 or received no ATAR at all. These students also have poorer foundational skills of literacy and numeracy, as measured by PISA scores at age 15 years, which weakens their capacity to engage and succeed at university (figure 4). 
Additional students are less likely than other students to succeed academically. About 21 per cent of additional students drop out by age 23 years compared with about 12 per cent of other students, rates that for other students have been trending down over time (figure 5). While most students that drop out do so within two years of enrolment, there is a tail of students who attend for longer prior to dropping out. Additional students that dropped out had an opportunity to experience university that would not have previously been available to them, and to take an informed decision on whether they are well suited to benefit from the experience. Nevertheless, it is an opportunity that came with costs, not least to the student. Students who drop out incur fee costs of $12 000 on average (Norton and Cherastidtham 2018), with the costs in terms of forgone earnings likely to be much greater. 
For those who succeed academically, a university education remains a good investment. Around half of the additional students are in managerial or professional occupations by age 25 years, roles that generally would have been unavailable to them prior to the demand driven system. Nevertheless, additional students who graduate face slightly less smooth labour market transitions. They are less likely to be in full time employment and have lower average weekly pay than other graduates or those who never attended university at age 23 years. However, the outcomes for graduates converge over time as they grow older and spend more time in the labour market. By age 25 years the remaining differences between these two groups are small. While average wages are similar for all groups in their early twenties, Census data show average earnings of graduates through their late twenties and thirties grows faster than those with trade qualifications or without post school qualifications, implying a significant lifetime earnings premium (albeit lower than during earlier decades). 
FINDING 1 
The demand driven system significantly expanded access to university. The ‘additional students’ — those whose attendance can be ascribed to the expansion of the system — entered university with weaker literacy and numeracy than other students and were more likely to drop out. However, additional students that did graduate transitioned fairly well into the labour market. 
There was some progress in improving equity 
Improving access is valuable in its own right. Few would argue for excluding young people from opportunities based on disadvantage or hardship due to circumstances beyond their control. That said, policy should aim to ensure access also leads to success. A goal in providing access to under represented groups is to set young people onto a career path they could not otherwise have pursued, thereby helping to overcome the disadvantage they were exposed to during their youth. A useful heuristic is to consider three hurdles: gaining access; degree completion; and labour market transitions. 
Access 
Young Australians from disadvantaged backgrounds have long been under represented at university. In the two decades prior to the demand driven system, progress on lifting enrolments of students from equity groups had been modest at best. 
The demand driven system lifted enrolments of some equity groups more than others. In comparison with the general student population, additional students were more likely to come from low socioeconomic backgrounds and from families where the parents had not attended university. For example, in 2016, around one third of additional students were from a low socioeconomic background compared with around 15 per cent of other students. This inflow of additional students changed the overall composition of the student body, but only to a limited degree because the additional students comprised a modest share of all university students. 
In contrast, the demand driven system did not stimulate increased participation rates for young people from regional or remote areas or for Indigenous people, though the latter finding does not take into account that Indigenous people often undertake university study at ages that are outside the scope of the dataset used in this study. For example, more than one third of Indigenous university students are aged over 30 years, compared with one quarter of non Indigenous students. 
Some of these trends may have been expected, while others need to be unpacked. For example, the different outcomes for those growing up in regional or remote areas may reflect the substantial relocation costs they face and the relative ease of access for young people growing up in metropolitan areas near large university campuses (figure 6). The demand driven system, of itself, did not address these underlying barriers. 
FINDING 2 
University enrolment and participation rates of people whose parents did not attend university and those from low SES backgrounds increased strongly under the demand driven system. In contrast, while there has been some increase in enrolments for people from Indigenous or regional or remote backgrounds, overall participation rates for these groups do not appear to have improved, at least until age 22 years. 
Despite the increase in enrolments by some equity groups, all remain significantly under represented at university. This study maps the effects of people’s various characteristics at age 15 years on university attendance by age 22 years and how that affects equity group participation. It shows that there are two different reasons that explain why gaps in attendance persist: school achievement; and a range of cultural and environmental factors effects that are difficult to identify individually. 
Proficiency in literacy and numeracy at age 15 years is the strongest predictor of whether an individual will attend university and a major explanation for the under representation of children from low socioeconomic backgrounds or from families with parents who did not attend university (figure 7). Literacy and numeracy are also relevant factors in explaining why Indigenous and regional or remote children are less likely to attend university. As such, recent large declines in literacy and numeracy scores among regional or remote school children are of particular concern. 
Put differently, strong foundational skills in literacy and numeracy are a powerful protective factor for children growing up in equity groups or from disadvantaged backgrounds. Those children that succeed in school and attain literacy and numeracy in the top quartile attend university at fairly similar rates regardless of their background. By contrast, children from equity groups with literacy and numeracy in the bottom quartile are about half as likely to attend university as equivalently capable children from more privileged backgrounds. 
FINDING 3 
All equity groups remain heavily under represented at universities. Poorer average literacy and numeracy within these groups, when compared with the broader population, is one important source of this under representation. Conversely, for people growing up in disadvantage, strong development of these foundational skills greatly increases their likelihood of university attendance. 
Outcomes 
Students from equity groups also face challenges when they attend university, as they: • enter university with poorer literacy and numeracy on average than students from more advantaged backgrounds • commence university at an older age on average (having spent some time working after completing school) • are more likely to study part time and work while they study. 
All of these factors are correlated with higher non completion rates, which explains why equity groups tend to have higher drop-out and lower completion rates than students from non-equity groups. 
Moreover, students from equity groups whose participation can be ascribed to the demand driven system have fared more poorly in terms of drop out rates and completions than students from equity groups who would have gone to university in the absence of the demand driven system. For example, in 2017, drop out rates for an additional student who was a member of at least one equity group were around 21 per cent compared with around 15 per cent for their equity group peers who would have gone to university in the absence of the demand driven system. Relative completion rates were even more starkly different — at 42 and 60 per cent respectively — reflecting that additional students from equity groups had entered university when older and had not yet completed their studies by age 23 years. Accordingly while the demand driven system increased access to students from some equity groups, it has so far led to relatively modest increases in the number of completions by such students.
There is insufficient information to gauge the labour market outcomes of additional students from equity groups, but the evidence for all students from equity groups is that those that graduate tend to have outcomes that are on par with graduates from non equity groups. For example, nearly 60 per cent of low SES students who complete university are employed in managerial and professional occupations. 
FINDING 4 
While university access for people from low SES backgrounds improved during the demand driven system, some of the gains were given up due to higher drop out rates and lower completion rates. 
Implications for policy 
Governments have many policy levers that affect higher education access and outcomes. They can: • use their substantial control over the school sector to attempt to improve school achievement, particularly literacy and numeracy, noting this has proved difficult to achieve in the past • try to address the range of environmental and cultural factors that cultivate a learning environment at school and affect aspiration to attend university • expand (or reduce) access by relaxing (or tightening) caps on government-supported places • require, or provide incentives for universities to provide greater support to students while at university.
The move to a demand driven system focussed on the third of these. This was supplemented by additional funding through the Higher Education Participation and Partnerships Program (HEPPP) for universities to raise the aspiration of disadvantaged children and to provide additional support services.
The demand driven system had several advantages over previous policies that severely rationed access. A series of reviews prior to its introduction indicated that pre-determining the number of university places allowed insufficient flexibility to meet the changing needs of the economy.
Overall, this study shows the demand driven system delivered substantial benefits in improving equity of access to some groups. It made higher education accessible to some students from disadvantaged backgrounds and it allowed the number of places to flex in response to changes in demand. More than 40 per cent of additional students attracted through the demand driven system had graduated by age 23 years, and these graduates eventually transitioned into managerial and professional careers at rates similar to other students. This assessment of the success of the system needs to be tempered, though, by noting that many of the additional students did not succeed academically. And despite growth in the system, equity groups remain substantially under represented.
Designing tertiary entrance arrangements is a vexed policy problem given the difficulties in identifying those most likely to benefit from a university education. Government can open the net wide for entry by allowing demand to lead the system. This approach maximises access, but increases fiscal costs and, for students ill suited to higher education, can waste their time, build up debt and cause them to forgo alternative job or education options. Alternatively, government can make the net narrow by constraining the supply of places. However, the most readily available filtering techniques for universities to use are imprecise (school achievement measured by ATAR) and this study shows that in the past that approach has denied a higher education to people who would have benefited greatly from it (particularly disadvantaged groups, who may have fewer university educated role models in their family or neighbourhood). The current freeze on university funding may provide the Australian Government some fiscal breathing room. However, the long run pressure will be to continue to increase the size of the sector given that the historical shift towards jobs requiring complex cognitive skills is unlikely to abate. Australian Government policy foreshadows, from 2020, a return to growth in the number of university students, with funding levels subject to universities meeting performance targets. In a system that continues to expand, some of the lessons from eight years under the demand driven system may be of value to future policy design. This study points to a range of areas in which policy settings should be considered. 
Improving foundational skills of students 
Many of the additional students at university are arriving academically ill prepared. This suggests that the Australian school system has insufficiently adapted to the role needed of it to prepare larger numbers of young people to succeed at university. While the entire distribution of achievement on literacy and numeracy at school is declining, an overall trend that should be of concern, this study suggests that the university prospects of children from equity groups may be particularly affected.
Improving the preparation of university students requires raising the skills of school students. While governments have some capacity to influence the factors outside the school environment that affect literacy and numeracy, they have multiple levers affecting the functioning of schools. For example, teacher quality is a key driver of student outcomes and is influenced by policy decisions about accreditation of university teaching courses, recruitment practices for teachers, professional standards, teacher support, performance assessment, requirements to teach in field and for professional development, and teacher salary structures among other factors. The evidence base for policy decisions to improve schools is still piecemeal, as is its use for making such decisions (PC 2016), and experts often have divergent views about the best approaches. Nevertheless, some answers to the problems look promising (PC 2017). Along with the benefits that would arise from having better prepared university students, improved schooling outcomes would have wider benefits. There is widespread acknowledgement that acquiring sound foundational skills in literacy and numeracy is essential to developing the skilled workforce the Australian economy will need. 
The continuing access issues for regional or remote students 
Children growing up in regional or remote areas with the same academic ability as their metropolitan peers continue to be much less likely to attend university. While the current study has not investigated the reasons in detail, it seems likely the high cost (both monetary and non monetary) of moving to the cities where major university campuses are located is a significant, and perhaps increasing, barrier. The Commission (PC 2017) has previously noted that cost effective and flexible ways of delivering education may bring benefits, such as massive open online courses (MOOCs) if accompanied with appropriate accreditation. 
Retention rates for additional students 
Declining retention rates require attention. There are two elements of this: admissions processes and remedial support. Admitting a larger group of students inevitably makes it more difficult to assess ahead of time which students will flourish academically. During the demand led period, this challenge became more acute for some universities than for others. For example, the Group of Eight universities expanded domestic enrolments less than other universities and, to the extent they did, were able to do so in part by enrolling students that otherwise would have attended and succeeded at other universities. Higher drop out rates outside the Group of Eight, and some variation across the sector, should have been expected. Nevertheless, the Higher Education Standards Panel (2016b) noted that particularly severe problems emerged for three universities (Swinburne, Federation and Tasmania), while conversely the University of Notre Dame used effective admissions processes that led to low subsequent drop out rates.
The other challenge is remedial support for students that enter with weak or incomplete foundational skills. The current structure of the HEPPP provides additional funding to universities in proportion to the number of students they enrol from equity groups, in part to meet the cost of additional support needed to allow some students to succeed. The policy most likely further encourages enrolments, though whether it delivers higher quality and more appropriate support services for these students is difficult to know with the limited evidence base available on the scheme.
The incentives for universities to manage drop out risks are weak. By and large, universities’ incentives are to enrol more students. In many courses (particularly those without a laboratory component), the incremental costs of enrolling an additional student are low compared with the per student revenue. The surplus is typically used to cross subsidise research, which is often seen within universities as their preeminent and high status purpose. This imperative for growth has not necessarily aligned with the needs of the student, nor the needs of Australian society and the economy.
There are many ways in which universities could be required to have more ‘skin in the game’ (PC 2017). The Australian Government (2018) is currently consulting on performance metrics to be tied to university funding, which may include measures of student outcomes (such as student satisfaction, full time employment four months after graduation, and employer satisfaction), course completion, equity, and student repayment of higher education loans. Any performance metrics tied to funding would need to be designed carefully to reward universities for ‘adding value’ to their students. They would need to avoid unintended incentives in favour of passing students regardless of their performance or against accepting students from disadvantaged backgrounds (who this study shows may be less likely to complete despite having similar capability).
Another way to improve university incentives would be to help students make well informed choices and ‘vote with their feet’. The Commission (PC 2017) previously recommended establishing a single portal for students to access comprehensive and up to date information about the areas of skills needed, educational requirements of careers, the range of education institutions providing relevant qualifications, and measures of their performance including student experiences and outcomes. Well informed consumers who can vote with their feet would contribute to aligning better university incentives with the needs of the Australian economy.
Consideration should also be given to strengthening course counselling for students that encourages them to ‘fail fast, fail cheap’. While a benefit of the demand driven system was that more students could try university and see whether they were well suited for it, early exit of those that prove ill suited, despite remedial support, will mitigate the ‘debt and regret’ problem (Norton and Cherastidtham 2018).
Providing young people a range of options
Finally, university education is never going to be the best option for everyone. An economy that presents young people with a range of viable alternative options is likely to produce more consistently good outcomes. The other major alternatives to university — a job or vocational training — have been undermined by relative weakness in the youth labour market and deep seated challenges in the vocational education and training sector (VET). In a different environment, more of those for whom university may not have been the best option may have pursued these alternatives. The policy imperative is to ensure a well functioning youth labour market and VET sector.
The above remarks do not only apply to the additional students attracted by the demand driven system. Foundational skills have been falling across the board. Even prior to the demand driven system, full time employment rates were falling for graduates and unemployment rates were rising. Policy initiatives to remedy the deficiencies in the education system — school, VET and university — have benefits that flow well beyond those that were the target of the demand driven system. This study points to a range of areas in which, regardless of the university funding model, policy settings may be able to improve the effectiveness of the system. 
POLICY CHALLENGES 
There are many policy challenges that emerge from the experiences during the demand driven system.
• Governments need to address the generally declining levels of proficiency of students, and particularly the growing share of school students who perform poorly. However, beyond some obvious initiatives, the question is what detailed package of policy measures would be most likely to be effective in reversing the decline. 
• University enrolment practices and student support can help student retention without relinquishing standards, but universities have relatively weak incentives to change their practices. Prescriptive government requirements for entry and student support would discourage innovation and ignore the variations in the groups going to different universities. On the other hand, while rewards for universities to increase their retention rates overcome the problems of prescription, they may inadvertently lower standards or discriminate against groups with higher average likelihoods of dropping out. Devising a workable incentive regime entails difficult design issues, and better measures of outcomes for students beyond retention alone. 
• Improving access to university by remote or regional students has proved resistant to policy, and may require more innovative models for their involvement. 
• The university system is not a desirable destination for all people, but weaknesses in the youth labour market and the vocational education and training system have made the alternatives less attractive.
In the US 'Busting the College- Industrial Complex' by Frederick M. Hess and J. Grant Addison in (2019) 40 Nartional Affairs comments 
 Obstacles to employment are a problem. They impede social mobility, disproportionately harm society's most vulnerable citizens, and hinder the larger economy. That is why efforts to remove such barriers have become a bipartisan cause. It's why more than two dozen states now ban public employers (and sometimes even private ones) from inquiring about applicants' criminal history, due to concerns that capable job candidates will be turned away or otherwise deterred. A number of states and locales are going further: New York City, for example, prohibits public employers from asking about applicants' prior-earnings history; in 2016, Massachusetts became the first state to prohibit the practice for all employers. 
Occupational-licensing reform has similarly seen growing, bipartisan support. Reformers on the left and right have surveyed the staggering costs and barriers to entry for quotidian positions such as masseuse, nail technician, exterminator, and florist, and concluded that these need to be reduced or eliminated. In doing so, they are embracing the understanding Milton Friedman propounded most fluently in his 1962 book, Capitalism and Freedom: "The most obvious social cost," Friedman wrote of occupational registration, certification, and licensure, "is that any one of these measures...almost inevitably becomes a tool in the hands of a special producer group to obtain a monopoly position at the expense of the rest of the public." 
Yet even as reformers have pushed to remove a variety of barriers to employment, the biggest and most significant barrier to employment in American life — the use of the college degree as a default hiring device — has gone blithely unremarked. Indeed, even as reformers target employment obstacles for felons and florists, the pervasive use of college-degree requirements, despite its dubious legality and profound costs, has bizarrely escaped serious consideration. 
At its best, higher education can be a powerful engine of opportunity and socioeconomic advancement. And that's the way it's almost universally described — at least in college brochures, think-tank reports, campaign stump speeches, and legacy media. Nevertheless, for too many Americans, the truth is that post-secondary education is principally a toll: an ever-more-expensive, increasingly mandatory, two-, four-, or, more accurately, six-year pit stop on the way to remuneration. 
Constitutional doctrine holds that employment practices that disproportionately affect members of a protected group are prohibited, unless the practice can be shown to be directly related to job performance and consistent with business need. Nonetheless, thousands of employers now casually flout this standard by screening applicants based on post-secondary credentials and by factoring degrees into hiring decisions, even where degree requirements have a disproportionate effect and bear no obvious relation to job duties or performance. 
In a comprehensive October 2017 report, researchers from Harvard Business School documented extensive evidence of increasing "degree inflation," with employers demanding baccalaureate degrees for middle-skill jobs that previously did not require one and for which the work duties have not changed. In fact, 61% of employers surveyed admitted to rejecting applicants with the requisite skills and experience simply because they lacked a college degree. Researchers calculated that this affected an estimated 6.2 million jobs across dozens of industries. 
This all raises an obvious yet oft-overlooked question: Why are college-degree requirements treated differently from other employment tests? 
The burdens of degree inflation, of course, fall most heavily on those of modest means: low-income and working-class individuals who are less likely to attend college or to complete a degree. Degree requirements summarily disqualify non-credentialed workers with relevant skills and experience from desirable jobs. They impede young workers who could otherwise take entry-level jobs and build the skills and expertise needed to pursue new opportunities. And they hold students and families hostage, forcing them to spend substantial time and money on collecting degrees, regardless of whether students wish to attend college and whether the degree in question actually conveys relevant skills or knowledge. The privileged status of the degree, meanwhile, has insulated colleges from non-degree competition. As the de facto gatekeepers to "good" jobs, colleges have increasingly operated as an employer-sanctioned cartel. 
As we consider the kinds of changes to work implied by artificial intelligence, automation, new technologies, and demographic shifts, it's long past time to ask whether the privileged legal treatment of college degrees is defensible — especially when it may be serving to impede opportunity, burden struggling families, aggravate systemic inequities, and stifle economic dynamism. 

06 April 2019

Free Speech in Australian Higher Education Institutions

The report by former High Court Chief Justice the Hon Robert French AC, foreshadowed here,  suggests that Australia is not experiencing a crisis of free speech on university campuses.

French comments
Reported incidents in Australia in recent times do not establish a systemic pattern of action by higher education providers or student representative bodies, adverse to freedom of speech or intellectual inquiry in the higher education sector. There is little to be gained by debating the contested merits of incidents which have been the subject of report and controversy. Nevertheless, even a limited number of incidents seen as affecting freedom of speech may have an adverse impact on public perception of the higher education sector which can feed into the political sphere. And as the Joint Committee on Human Rights of the House of Commons and the House of Lords observed in its report in March 2018, they may have a ‘chilling effect’ on the exercise of freedom of speech in some places. 
The emphasis in this Review has been upon the statutory framework and Standards applicable to higher education providers and their rules and policies, which may affect freedom of expression and academic freedom. Also relevant are constraints on freedom of expression and academic freedom arising out of employment terms and conditions in the higher education sector and constraints imposed by collaborative arrangements with third parties and conditions attaching to major donations. 
Constraints upon freedom of speech under the general law often require difficult judgments about which reasonable minds may differ. Laws affecting freedom of speech, both by way of protection and qualification of the freedom, often use rather general language. Its application can create challenges for administrators and law enforcement agencies and ultimately by courts. In the case of the domestic rules and policies of higher education providers the broader the terminology used to describe the circumstances in which expressive conduct can be constrained, the wider the potential application of constraints and the greater the risk of overreach even if resulting from ad hoc decisions short of a systemic approach. 
Many of the higher education rules and policies mentioned in the Report use broad language capable of impinging on freedom of expression. They have been outlined in the preceding sections of this Report. One example from among many, but not atypical, is a Discipline Rule, which defines ‘misconduct’ to include conduct that ‘demonstrates a lack of integrity or a lack of respect for the safety or wellbeing of other members of the University community’. It extends that definition to conduct that is otherwise:
(i) a contravention of the values set by the Council for the University; or 
(ii) prejudicial to the good order and government of the University; or 
(iii) reprehensible conduct for a member of the University community to engage in.
Specific instances of misconduct are set out in the Rule. They include behaving in a way to another member of the university community which creates a hostile study, research or work environment. The terms ‘lack of respect’, ‘prejudicial’ and ‘reprehensible’ are wide. That is not to say that they have not been and are not being sensibly administered. However, it does not require much imagination to apply them to a considerable range of expressive conduct. 
Terminology of that kind, when used in statutes or in the common law, fits into what Professor Julius Stone described as ‘legal categories of indeterminate reference’. They allow ‘a wide range for variable judgment in interpretation and application approaching compulsion only at the limits of the range’.  Courts, in applying such language generally, operate within parameters established by long-standing practice and precedent coupled with a degree of visibility in relation to their decision-making. Even then their decisions can involve contestable and not always visible normative choices. Administrative application may be informed by more variable and less visible perspectives. 
That kind of terminology in rules and policies, which may affect expressive conduct, is rife on university campuses in Australia. It makes the sector an easy target for those who would argue that the potential exists for restrictive approaches to the expression of contentious or unwelcome opinions or opinions which some may find offensive or insulting. The potential for overreach tending to erosion of important freedoms equates to a non-trivial risk of that erosion. The risk can never be eliminated but it can be reduced by appropriately limiting language in higher education rules and policies. Beyond that measure, a determining factor will be the culture of the institution. A culture powerfully predisposed to the exercise of freedom of speech and academic freedom is ultimately a more effective protection than the most tightly drawn rule. A culture not so predisposed will undermine the most emphatic statement of principles. The recitation of a generally expressed commitment to freedom of speech and academic freedom does not of itself provide strong evidence of the existence of such a culture. 
Given their nature and diversity and the range of subject matters upon which they touch, an immediate global review of all higher education provider rules or policies to narrow their application to freedom of speech and academic freedom would be like cleaning the Augean Stables. For this reason, it is recommended that higher education providers adopt at least umbrella principles operationalised in a code applicable to cases in which freedom of speech and academic freedom may be in issue. It is not proposed that such a code be enacted as a species of delegated legislation. Not all institutions have the power to make delegated legislation. As a non-statutory code it would be applied to guide the exercise of powers and discretions, formal and informal, when their breadth allows for its application. Essentially, its purpose is effectively to restrain the exercise of overbroad powers to the extent that they would otherwise be applied adversely to freedom of speech and academic freedom without proper justification. 
The development of a common voluntary code is not a novel proposition. In January 2018 in testimony to the Joint Committee on Human Rights of the House of Commons and the House of Lords, Sir Michael Barker, Chairman of the Regulator, the Office of Students, said that some codes of practice in the higher education sector, designed to preserve free speech, are too complicated and too bureaucratic. It was not up to the Office of Students to come up with a model code. He said however:
I do not think you need any government related agency making single codes of practice on freedom of speech. It feels altogether wrong. However, if university leaders and students’ unions got together and came up with a simplified code of practice, that might be a very good idea.
In February 2019, the Equality and Human Rights Commission of the United Kingdom, following a collaborative exercise with the sector, published a common guide for higher education providers, outlined earlier in this Report. That guide provides an approach to the discharge of statutory duties relating to freedom of speech in the sector in the UK. It also has relevance for Australia even without equivalent statutory obligations. 
A model code embodying a set of umbrella principles could be adopted, with or without modification, by individual institutions. It could also be adopted across the sector. Such a code is likely to enhance the authority of the sector in its self-regulation in this important area. It could also give rise to a body of experience in its application able to be developed and shared as a sector-wide resource. Given the importance of freedom of expression as a cultural and constitutional value in our society and to the proper functioning of higher education providers themselves, any such code must lean powerfully against limitation of the freedom by reference to the content of speech. It should cover academic freedom particularly those aspects of it which relate to freedom of expression and freedom of intellectual inquiry as well as the protection, at least within existing limits, of institutional autonomy. The code should also be at least a relevant consideration in the negotiation of enterprise bargaining agreements, employment contracts, collaborative arrangements with third parties and the conditions upon which major philanthropic gifts are accepted. 
Any code or principles must acknowledge the limits on speech imposed by the law and those limits which can be justified as necessary to the higher education provider’s mission. That mission includes responsibility for the maintenance of scholarly standards in teaching, learning and research. It includes the provision of effective teaching and learning experiences which may require conventions and practices about mutual communication between students and teachers, and between students in classroom or learning spaces, including digital learning spaces. Any code or principles must also allow for compliance with the institutional duties of care at common law and duties which are imposed by statute, including the HE Standards relating to equitable treatment of students and staff, and the fostering of their wellbeing. Suitably framed diversity and inclusion policies are no doubt referrable to those HE Standards but should be conservative in their application to expressive conduct. 
Any code or statement of principle should be framed in the recognition that it is concerned with an academic institution. A particular aspect of that distinctive character may be the institution’s responses to visits by off-campus speakers. The question may be asked whether a higher education provider should be obliged to host any intellectual rubbish that wants to cross its threshold. There is certainly an abundance of it. The challenge in this area is that sometimes one person’s intellectual rubbish is another’s profound wisdom. What is intellectual rubbish today may be received wisdom tomorrow and vice versa. In 1950, Bertrand Russell wrote an essay entitled ‘An Outline of Intellectual Rubbish’. In that category he included the attribution of value to gold, and the notion that Aristotle was wise. Some, of course, may see positive benefit in exposing students to the proponents of intellectual rubbish, including racist opinion, so as to better identify it, understand how it is propagated and how to challenge it effectively. The EHRC Guide in the United Kingdom offers some useful, practical advice in that respect. 
There is difficulty in drawing a line around the concept of ‘intellectual rubbish’ as much as there is in drawing a line around the concept of a resulting ‘harm’ which would warrant refusing entry to a speaker. Some refusals seem reasonable and essentially uncontroversial, at least where ideological perspectives are not involved. In 2017, Edith Cowan University rejected a facility hire application by an organisation proposing to hold a seminar on its campus related to ‘Pranic crystal healing’. Following letters of concern from members of the public the university conducted inquiries into the organisation and the content of the seminar and determined that the seminar did not align with the university’s evidence-based approach to teaching and research in dietetics and was inconsistent with its research activities in that discipline. 
There are cases in which there may be strong ‘harm’ arguments for not providing a platform for the lawful expression of an opinion. As a matter of general principle, the class of speech to be characterised as ‘harmful’ for the purpose of a model code should be as small as possible and, by its very definition, offer justification for the imposition of a restriction. None of the above is inconsistent with the determination of priorities by a higher education institution for the purpose of deciding who will be permitted to use its facilities. Nor is it inconsistent with a higher education provider applying priorities governing the extent to  which it will bear costs associated with the conduct of any event involving an off-campus speaker. 
The Terms of Reference of this Review require consideration of existing statutory Standards with respect to their ‘effectiveness’. The term ‘effectiveness’ in relation to the protection of freedom of speech and intellectual inquiry is normative and depends upon some common understanding of what limits on the freedom are appropriate and what is necessary to provide an acceptable level of protection of the freedom within those limits. Any statutory regime has to allow room for distinctions to be made between different classes of case and circumstances. A detailed prescription would provide a platform for undesirably intrusive regulatory supervision of the formulation and application of institutional policies. An example is the Campus Free Speech Protection Act 2017 of Tennessee, referred to earlier in this Report. 
Arming a regulator with a detailed statutory prescription would probably require additional compliance resourcing for the regulator. It would impose on the regulator the burden of contestable evaluative and normative judgments. It would diminish institutional autonomy. A statutory standard, beyond the level of generality presently reflected in the HE Standards made under the TEQSA Act, is at risk of being disproportionate to any threat to freedom of expression which exists or is likely to exist on Australian university campuses for the foreseeable future. 
Effective statutory standards can and should be confined to broadly expressed requirements that higher education providers have in place policies reflected in their domestic rules or principles and applicable to student representative bodies, the objectives of which are the protection of freedom of speech as a free-standing value and academic freedom which encompasses freedom of expression peculiar to the distinctive character of higher education institutions and their academic staff in particular. On that model, the existence of an institution-wide policy which could reasonably guide administrative action consistently with the HE Standards should constitute compliance with them. ‘Effective policies’ in this context must at least mean policies which reflect and give effect to a strong presumption in favour of freedom of speech and academic freedom. External review of the existence of such policies and of their administration should be sufficient to provide public accountability without the need to impose financial penalties which are hardly likely to benefit anybody in the higher education sector. That said, the present HE Standards could be improved with a more precise formulation directed to freedom of speech and academic freedom. 
Consistently with that approach, the statutory standard presently established under the HES Act and the TEQSA Act which relates to ‘free intellectual inquiry’ should be amended to refer instead to freedom of expression and academic freedom, coupled with a definition of the term ‘academic freedom’. The HES Act itself should be amended to support that change. 
A more far-reaching measure, in relation to freedom of speech generally, would be the imposition of a statutory duty on higher education providers in relation to freedom of expression which is modelled on the duty imposed on public authorities under the human rights legislation of Victoria, the ACT and now Queensland and in the United Kingdom under the Human Rights Act 1998 (UK). Freedom of speech and expression in that statutory context are terms which are the subject of an extensive body of domestic and international law which has worked out their application and limits case-by-case over many years. The imposition of such a statutory mandate would not involve the application of a novel legal standard although it would be necessary to ensure that its application to the decision-making of higher education providers covered the exercise of statutory discretions and the application of domestic rules and policies. The proposed Model Code should provide a way of responding to such a statutory duty in those places in which it already applies. 
Some might say — if a law of the Commonwealth were to create a statutory mandate along the lines of the existing Victorian, Queensland or ACT provisions applicable to higher education providers —why should it not apply to all public authorities throughout Australia? Such an application would appear to be within the constitutional authority of the Commonwealth Parliament to make laws with respect to external affairs, given the inclusion of freedom of expression in the International Covenant on Civil and Political Rights to which Australia is a party. This Review does not propose a general statutory duty of the kind imposed in Victoria, Queensland and the ACT as one of its recommendations. Such a proposal would have policy implications with which it is not necessary to engage for present purposes. The recommendation of a Model Code, operationalising umbrella principles, coupled with cognate amendments to the HES Act and the HE Standards should be sufficient unto the day.
The report then directly addresses  the Terms of Reference
In summary the response to the Terms of Reference, reflected in the body of this Report, the General Conclusions and the Recommendations is as follows:
1. The effectiveness of the HES Act and the HE Standards to promote and protect freedom of expression and freedom of intellectual inquiry depends upon how they are interpreted by higher education providers and by TEQSA. 
Their interpretation and therefore their effectiveness is made difficult by the uncertain scope of the term ‘free intellectual inquiry’ and its relationship to freedom of expression generally, freedom of expression as an aspect of academic freedom, and academic freedom generally. They must also be interpreted and applied consistently with other standards requiring higher education providers to accommodate student diversity, to promote and foster a safe environment and to foster the wellbeing of students and staff. 
2. The policies and practices of higher education providers which arguably respond to the standards are diverse. They use broad language such that their practical operation in relation to freedom of speech and academic freedom depends upon their interpretation by those who are required to apply them and also upon the exercise of evaluative judgments and discretions. There is no evidence, on the basis of recent events, which would answer the pejorative description of a ‘free speech crisis’ on campus. Nevertheless, the diversity and language of a range of policies and rules give rise to unnecessary risks to freedom of speech and to academic freedom. And even a small number of high profile incidents can have adverse reputational effects on the sector as a whole. 
3. There is a range of approaches in other countries to the protection of freedom of expression and academic freedom that range from legislative prescription to codes of practice to statements of high level principle. The most relevant of those is found in recent consideration of the application of statutory requirements in the United Kingdom. The principles-based approach adopted by a number of universities in the United States is also instructive and potentially applicable in Australia. 
4. The most realistic and practical options are those for which the sector can claim ownership under the general coverage of the HES Act and HE Standards, rather than more prescriptive legislative requirements. The protection of freedom of speech and academic freedom in the sector can be made more effective by the adoption of a statement of principles, preferably operationalised by an overarching code. Such a code should be pitched at a level sufficient to allow for reasonable flexibility in its application but providing greater guidance to decision-makers and others than presently exists. These measures can be supported by minor amendments to the HES Act and the HE Standards to distinguish freedom of speech and academic freedom and to define academic freedom by reference to generally accepted elements. Such principles and a code of practice, which is owned by the sector, offer more promise in supporting a culture disposed to the freedoms than imposed prescription.
French makes a recommendation  for a statutory amenfment
Amendment of the existing HES Act and HE Standards is not essential to support a Model Code for the sector directed to ‘freedom of speech’ and ‘academic freedom’. Nevertheless, it would be preferable that the HES Act and the HE Standards be clarified with the use of that terminology. It is therefore suggested that consideration be given to amending the HES Act along the following lines:
1. Substitute for the objects set out in s 2-1(a)(iv): To support a higher education system that: (i) promotes and protects freedom of speech and academic freedom. 
2. Introduction of a definition of ‘academic freedom’ as follows: “Academic freedom”, for the purposes of this Act and the Tertiary Education and Quality Standards Agency Act and any standards made under that Act, comprises the following elements:
  • the freedom of academic staff to teach, discuss, and research and to disseminate and publish the results of their research;
  • the freedom of academic staff and students to engage in intellectual inquiry, to express their opinions and beliefs, and to contribute to public debate, in relation to their subjects of study and research; 
  • the freedom of academic staff and students to express their opinions in relation to the higher education provider in which they work or are enrolled; 
  • the freedom of academic staff, without constraint imposed by reason of their employment by the university, to make lawful public comment on any issue in their personal capacities; 
  • the freedom of academic staff to participate in professional or representative academic bodies; 
  • the freedom of students to participate in student societies and associations. 
  • the autonomy of the higher education provider in relation to the choice of academic courses and offerings, the ways in which they are taught and the choices of research activities and the ways in which they are conducted. 
3. Amend s 19-115 of the HES Act to read: A higher education provider that is a Table A provider or a Table B provider must have a policy that upholds freedom of speech and academic freedom.
He also recommends amendment of the Higher Education Standards
1. The relevant HE Standard, 6.1 at par 4, be amended consequentially to read: The governing body takes steps to develop and maintain an institutional environment in which freedom of speech and academic freedom is upheld and protected, students and staff are treated equitably, the wellbeing of students and staff is fostered, informed decision-making by students is supported and students have opportunities to participate in the deliberative and decision-making processes of the higher education provider. 
2. A consequential amendment to the criteria for higher education providers set out in Part B of the Standards would have B1.1 reading: The higher education provider has a clearly articulated higher education purpose that includes a commitment to and support for freedom of speech and academic freedom. 
3. There would probably be a need for consequential amendments to the TEQSA guidance note on the diversity and equity statement issued on 11 October 2017. 
4. The existing HE Standards, if amended, would be consistent with a Model Code which is expressed in terms of freedom of speech and academic freedom as distinct but overlapping concepts rather than in terms of freedom of intellectual inquiry. However, the Model Code proposed below should not require an amendment to the HES Act or the relevant HE Standards to render it compliant with them.
As a consequence, a Model Code is recommended. The text of that Code is provided in the following post.

07 December 2018

Education Sector Regulation

The spirited dissenting report by ALP senators in the Senate Red Tape Committee report on Effect of red tape on private education states
Privatisation and deregulation in the vocational education and training (VET) sector has been a dismal failure. 
Experience has repeatedly shown that rent-seeking, and access to government funding in VET with limited regulation, has led to extreme outbreaks of malfeasance by unscrupulous private, profit seeking providers. 
VET FEE-HELP is the most recent, but not the only, example of the runaway rorting by unscrupulous for-profit training providers putting profit before the national interest. 
As a consequence of rorting in the VET sector the reputation of the sector has been marred by: dismal completion rates; increased course costs; burgeoning and unfair student debt; insolvency of major private colleges; and predatory behaviour by unscrupulous registered training organisations to enrol students and access government funding. 
VET FEE-HELP was introduced by the Coalition in 2008 and opened up in 2012. In the five years under Labor, loans totalled $1.4 billion. Under three years of the Coalition loans skyrocketed by a further $5.8 billion. 
The Australian National Audit Office has reported that the Government Actuary assessed that $1.2 billion of loans were wrongly issued under VET FEE-HELP. The number of people misled and subjected to unfair debts is yet to be determined. 
It is estimated that close to 75 per cent of all VET FEE-HELP funding went to private providers. This included $600 million to just one provider, Careers Australia, which subsequently went into receivership leaving 18 000 students stranded without qualifications and holding unfair debts, 1000 employees robbed of their entitlements, and money owing to suppliers. 
In addition to the scandalous provider behaviour exhibited in the VET sector, there is evidence that privatisation in VET has led to widespread and persistent concerns relating to quality, and in particular the development of low quality training markets driven by low-cost, high-profit provision. For example the prevalence of low cost, short courses was reported in a series of strategic reviews by Australian Skills Quality Authority of the aged and community care, early childhood education and care, and the construction and security industries. 
It is clear that sound and fit-for-purpose regulatory standards are fundamental to ensuring quality delivery and for ensuring consumer protection in vocational education and training. 
If public money is to flow to educational organisations then those organisations must be of the highest standards and the bar for entry must be appropriately high. 
Labor recognises that the current design of the VET system is flawed. The reliance on a market to deliver quality vocational education and valued training qualifications is one of many factors that require close examination and review. 
As such, no amount of regulatory oversight and intervention will adequately correct the current problems in the vocational education system. Importantly, regulation reduction will simply promote reduced oversight and increased exploitation of students. 
In government Labor will establish an independent and comprehensive inquiry into the post-secondary education system, ensuring that public TAFEs and universities sit at the centre of the system as anchoring and publicly accountable institutions. 
That inquiry will make recommendations about regulation and consumer protection, in light of the review of the whole post-secondary education system. 
There's a less splenetic account in the Braithwaite report earlier this year noted here.

The dissenting report - no surprises with an election coming up - goes on to state -
Higher Education 
Australia has a well-established higher education system with a strong public university sector and a number of quality private providers. Unlike VET, public universities have not been subject to the same level of private competition and they have benefited significantly from reforms put in place by a number of Labor governments. 
Labor's policy in 2009 to uncap university places (through the demand-driven system) has been one of the greatest changes seen to higher education in this country in a generation. 
This reform, in conjunction with greater funding for access and equity opened the door of university to more than 200 000 more Australians. Our reforms also saw increased participation from traditionally underrepresented groups. Between 2008 and 2016, we've seen: • Low SES undergraduate student enrolments increase by 55 per cent; • Indigenous undergraduate student enrolments grow by 89 per cent; • Enrolments of regional and remote students increase by 48 per cent; and • Enrolments of undergraduate students with a disability more than double. 
Not only did we boost participation, the demand-driven system drove innovation in modes of delivery and industry collaboration. This was noted by the Liberals' 2014 review of the demand-driven system. 
In 2011, Labor introduced a national system of regulation with the creation of the Tertiary Education Quality and Standards Agency – fundamentally streamlining regulation of the sector, reducing the number of jurisdictions from nine to one. The regulatory system was also designed to be proportionate and risk-based. 
Labor believes the national regulatory system in higher education needs more time to mature. In order to ensure the settings continue to be fit-for-purpose, we will examine regulation as part of our once-in-a-generation national inquiry into post-secondary education in Australia.
The overall report features the following recommendations -
Recommendation 1 
The committee recommends that the Australian Government, through the Council of Australian Governments, initiate a review of Commonwealth and state-based regulation affecting the private education sector, to identify opportunities for regulation and red tape reductions. 
Recommendation 2 
In conjunction with Recommendation 1, the committee recommends that the Department of Education and Training review the findings and recommendations of the 2013 Review of Higher Education Regulation Report, to assist in the identification of deregulation opportunities for the higher education sector. 
Recommendation 3 
In conjunction with Recommendation 1, the committee recommends that Australian governments consider the effectiveness of a 'one-size-fits-all' approach to regulation and explore options to implement better risk-based regulation. 
Recommendation 4 
The committee recommends that the Department of Education and Training, in conjunction with the Office of Best Practice Regulation, review its Regulatory Impact Statement processes, to improve identification and quantification of regulatory compliance costs in the private education sector. 
Recommendation 5 
The committee recommends that the Department of Education and Training schedule a two-year review of the Nationally Consistent Collection of Data on School Students with Disability, including audit options to ensure the consistency of quality data collection. 
Recommendation 6 
The committee recommends that the Australian Government initiate a five-year review of the Regulator Performance Framework, to identify opportunities to improve Commonwealth regulators' performance. 
Recommendation 7 
The committee recommends that the Australian Government review the assumptions underpinning the 25 per cent loan fee and if they are not substantiated with statistical information, take action to abolish this fee.

09 November 2018

VET mess

Another instance of problems in the VET sector, with announcement by the Australian Competition and Consumer Commission that it has launched Federal Court proceedings against Productivity Partners Pty Ltd, trading as Captain Cook College, alleging systemic unconscionable conduct in breach of the Australian Consumer Law. T

The ACCC alleges that from 7 September 2015 the College, in seeking to improve its financial performance, removed consumer safeguards from its enrolment and withdrawal processes for online courses. ACCC Commissioner Sarah Court stated
We allege that Captain Cook College engaged in systemic unconscionable conduct designed to maximise profit at the expense of their students 
We are very concerned by Captain Cook College’s decision to make process changes that we will submit removed consumer safeguards. We allege that this significantly reduced the College’s ability to detect misconduct by its sales agents and assess a consumer’s suitability or participation in the course they had been enrolled in. 
We further allege that the removal of consumer safeguards increased the number of students that Captain Cook College enrolled and who remained enrolled, allowing the College to increase VET FEE-HELP payments from the Commonwealth,” 
The ACCC indicates that  approximately 5,500 affected consumers whose enrolment was processed during the period from 7 September 2015 have VET FEE-HELP debt, totalling over $60 million. Around 98% of those 5,500 people failed to complete any part of the course in which they were enrolled. Around 86% never logged in to their online course.

The ACCC also alleges that the College made false or misleading representations, engaged in unconscionable conduct and failed to provide unsolicited consumer agreement protections in its dealings with four individual consumers.  Further,  Ian Cook (former Captain Cook College CEO), Site Group International Limited (Site, the parent company ) and Blake Wills (former COO of Site) were knowingly concerned in the systemic unconscionable conduct.

 The ACCC is seeking pecuniary penalties, declarations, corrective notices, adverse publicity orders, finding of fact orders and orders requiring the implementation of a consumer law compliance program, costs and orders disqualifying Wills and Cook from managing corporations.

The ACCC notes
 There is currently a legislative mechanism available under the Higher Education Support Act 2003 (Cth) (HESA) to cancel VET FEE-HELP debts of consumers enrolled from 1 January 2016 if they were affected by “unacceptable provider conduct”, and satisfy other legislative criteria. No such mechanism currently exists for consumers enrolled before this date. ...   
On 20 September 2018, the Australian Government announced that it would introduce legislation to amend the HESA to allow for the cancellation of VET FEE-HELP debts of consumers that were affected by “inappropriate provider conduct”, including those who enrolled prior to 1 January 2016.
Only a cynic would regard the proposed legislation as putting a bandaid on the horse's door after the livestock have run off with the money while regulators were asleep.

14 October 2018

Sports Collapse

Another trainwreck in the VET sector, with The Age reporting that Agoge Education Australia has been told its status as a Registered Training Organisation will be cancelled on 31 October.

Agoge  closed campuses in Sydney, Brisbane, Melbourne and Newcastle in June, having been promoted  as a "global leader in innovative sports education".

Agoge reportedly was  linked to  FC 11, a sports training academy promoted as  "Australia’s leading sports education provider” before its collapse in February with debts of over $5 million and $4945 in the bank.

Problems at both bodies are symptomatic of regulatory failure across the vocational education sector, belatedly addressed in the recent Braithwaite report noted here.

The  Age reports that an investigation by the Australian Quality Skills Authority found Agoge was  in breach of government guidelines for the sector and that its "executive officers and/or high managerial agents failed to meet the fit and proper person requirements".

Michael Katsaris, an Agoge Director and one of the owners of FC 11, is reported as stating that  consumers received a "blue-ribbon course" with an 80 per cent completion rate, above the average for other registered training organisations. He appears to have denied any breach of fiduciary duty, reportedly stating "We always acted honestly when it came to our students and we did everything we could to give them a positive experience. There are so many crooks in the industry and we were one of the only ones trying to do the right thing.''

The Age appears unimpressed, noting that former students of FC11 contacted Fairfax in May when the training provider  when had been put into liquidation, .complaining they had debts of over $25,000 for diplomas that were "not worth the paper they were printed on''. One unhappy customer of  Agoge is reported as having been influenced by marketing material of elite training facilities, sports scientists, high-performance coaches and links to some of the nation’s biggest clubs and associations. Reality appears to have been somewhat different: "When I got to training on the first day, there was a bloke with a bag of soccer balls and some cones. They didn't even have a gym,"

Questions about governance are evident in promotion by FC 11 through endorsements from Football Federation Victoria, Penrith Panthers, NSW Cricket, Sydney Thunder and Sydney Sixers. Some of those entities are now owed significant debts by FC 11.

The Age notes that a  creditors report refers to investigation of whether  FC 11's directors had breached their fiduciary duties: "Our preliminary view is that the company may have been (insolvent) from around October 2016 and remained insolvent at all times to the date of our appointment on 9 February 2018".

26 September 2018

Trade, Training and Trade Practices

Having recently read Globalists: The End of Empire and the Birth of Neoliberalism (Harvard University Press, 2018) by Quinn Slobodian I was interested to see 'What Do Trade Agreements Really Do?' by Dani Rodrik in (2018) 32(2) Journal of Economic Perspectives 73-90.

Rodrik comments 
Economists have a tendency to associate "free trade agreements" all too closely with "free trade." They may be unaware of some of the new (and often problematic) beyond-the-border features of current trade agreements. As trade agreements have evolved and gone beyond import tariffs and quotas into regulatory rules and harmonization—intellectual property, health and safety rules, labor standards, investment measures, investor-state dispute settlement procedures, and others—they have become harder to fit into received economic theory. It is possible that rather than neutralizing the protectionists, trade agreements may empower a different set of rent-seeking interests and politically well-connected firms—international banks, pharmaceutical companies, and multinational firms. Trade agreements could still result in freer, mutually beneficial trade, through exchange of market access. They could result in the global upgrading of regulations and standards, for labor, say, or the environment. But they could also produce purely redistributive outcomes under the guise of "freer trade." As trade agreements become less about tariffs and nontariff barriers at the border and more about domestic rules and regulations, economists might do well to worry more about the latter possibility.
Last week the ACCC announced that the Federal Court found training college Cornerstone Investments Aust Pty Ltd, trading as Empower Institute (Empower), had in unconscionable and misleading or deceptive conduct, and made false or misleading representations when enrolling consumers into VET FEE-HELP Diploma courses that cost up to $15,000 per course.

Empower marketed and sold these courses to consumers in remote communities and low socio-economic areas (including Indigenous communities) using face-to-face marketing, including door-to-door sales.

Empower enrolled over 6,000 new students  in its courses March 2014 and October 2015.
Many of these students were vulnerable consumers and were signed up using incentives such as free laptops and cash, unaware they were incurring a significant debt. 
“Empower misled vulnerable and disadvantaged consumers into enrolling in courses they would likely be unable to complete. Many consumers it enrolled had poor literacy and numeracy skills. Some who enrolled in online courses could not even use a computer and did not have access to the internet,” ACCC Chair Rod Sims said. 
“Empower also failed to provide clear and accurate information about the price of the courses and the nature of the VET FEE-HELP loan.” ... 
 “Empower was paid more than $64 million by the Government under the VET FEE-HELP scheme for enrolling students using these appalling tactics, while the students were left with large debts."
 The ACCC is seeking remedies from Empower, including redress for affected consumers and pecuniary penalties.

The ACCC notes that it has taken action against a number of private colleges and can seek remedies from the court in those cases, but cannot itself, cancel the debts of affected consumers.

26 June 2018

AI proofing

Preparing For The Best And Worst Of Times by John Buchanan, Rose Ryan, Michael Anderson, Rafel A Calvo, Nick Glozier and Sandra Peter responds to the challenge by the NSW Department of Education to a 'a consortium of University of Sydney academics to consider the important question of what today’s kindergarteners will need to thrive and not just survive in the 21st century'.

The report states
The Department is particularly interested in the predicted changes that Artificial Intelligence (AI) and other developing technologies could bring to Australia’s economy, workplace and community. This report, which integrates insights from scholars in faculties as diverse as engineering and medicine, business and education is not a definitive analysis of all potentially relevant issues; rather, it explores some of the challenges and opportunities around these emerging technologies and what this might mean for education, particularly school education. 
Section 1 outlines the methodology for this interdisciplinary approach and how this report was prepared. 
Section 2 considers the three dimensions of impact associated with artificial intelligence. Its most overt impact is on job numbers and content. Its covert impact is on means of decision-making and social connection. Its impact as an amplifier of other changes is significant, especially given its capacity to  intensify dynamics associated with labour market fragmentation, globalisation, inequality and climate change. The central challenge is not to predict the future but to prepare for uncertainty. This is best achieved by developing in individuals the capacity to adapt successfully to changing situations. 
Section 3 considers how education might best nurture this capacity. The relationship between education and the labour market is not as obvious as commonly thought. Moreover, recent literature on improving people’s employability reveals formal education is only one (and not necessarily the most important) factor determining labour market success. That said, appropriate education is a vital ingredient. Arguably the most prevalent current narrative concerns the need for educators to focus on ‘soft’, ‘generic employability’ or so-called ‘21st century skills’.  Typically, these are defined as 'literacy and numeracy' and capabilities concerning ‘problem solving’, ‘creativity’, ‘communication’ and ‘collaboration’. This narrative, while superficially attractive, is ultimately not sufficient for guiding education policy and practice in an AI era. Any effective approach must grapple with four issues.
1. What types of pupils are we developing: highly flexible labour or florishing productive citizens? Many prescriptions in the current ‘future of work’ literature are predominantly concerned with developing what is best described as the ultra-flexible worker - ie people able to meet ever-changing market requirements. Drawing on the health, humanities and social science disciplines we highlight the importance of nurturing productive, flourishing citizens. 
2. How can education contribute to the development of human flourishing over the life course? Human development is a complex, multi-dimensional process. The early school years are critical for developing individuals’ ‘learner identity’. Primary schools in particular have a crucial role to play in shaping people’s learning dispositions. These concern such things as curiosity, the ability to concentrate, resilience and learning relationships. If nurtured well, they result in people empowered to learn, wanting to learn and excited by learning. If not developed early, their absence can have lasting effects on people’s willingness, interest in and capacity to learn and adapt. 
3. What is the relationship between developing general learning dispositions and developing specialist expertise? Using literature from disciplines as diverse as cognitive psychology, education, philosophy, engineering and applied labour economics we show specific knowledge is important. We highlight how gaining ‘generic’  skills (or, more accurately, learning dispositions concerning such things as collaboration and problem solving) are often best acquired in the context of mastering specific disciplinary, trade or professional expertise (i.e. having something substantive to contribute to a team or solving a problem). 
4. Are current approaches to gaining specialised knowledge providing students with welldeveloped learning dispositions? The mainstream academic curriculum focuses on fairly abstract analytical skills, perceived by many students as ‘too academic.’ Much vocational education and training in schools, on the other hand, focuses on developing narrow skills relevant to an immediate job. Academic disciplines need to better highlight their potential broader relevance to life (and not just the labour market). Keynes once observed that there is nothing more practical than a good theory. Why this is the case and how abstraction can be appropriately applied ‘in real life’ deserve closer attention. For vocational education, greater attention needs to be devoted to giving students underpinning knowledge for a broadly defined domain of expertise to increase their capacity to adapt to changing opportunities. 
Section 4 considers the implications for schools. There is a need to engage more effectively with AI and its broader impacts. Increasing ICT literacy is important but involves much more than teaching all students how to code. Rather, it involves equipping young people with digital fluency, ie to handle the ‘covert’ and ‘amplifying’ impact of AI as well as its more overt consequences for job destruction and transformation of job content. 
Widespread debate is needed on how to define domains of specialised knowledge necessary for underpinning the development of ‘generic’ skills. Recognised academic disciplines are important, but they are not the only categories for defining expertise. Special attention is especially needed for the vocational offering in schools. Take the example of care work. Instead of doing courses in ‘aged care’, ‘disability support’, ‘youth work’ or ‘drugs and alcohol support’, for example, consideration should be given to preparing people for ‘care work’ more broadly defined. This would provide the context for  practicing in the more specialised sectors. Closer engagement with the world of work challenges us to consider how we define domains of occupational capability. Notions of job clusters or vocational streams of connected occupations deserve closer attention from a wide range of stakeholders, within schools and beyond. 
The challenges associated with AI require more than marginal adjustments to established arrangements, best conceived of as an education ‘settlement’ or ‘compact’. Education, like most social domains, is structured by an array of stakeholders contributing in different ways. Currently employers and the community are not as actively engaged in local schools and education as they could be. Many are quick to criticise the status quo, but few are helping build new arrangements. The country’s education effort would benefit immensely from closer engagement with employers in the private and public sectors, and community organisations. While schools have been endeavouring to do this, quality engagement from the business sector has been limited. The importance of specialised knowledge - both academic and vocational - highlights the continuing importance of professional teachers. We conclude by asking whether it is time for a new education settlement. Such a settlement would give greater recognition to teacher professionalism on the one hand and support closer connections with quality employers and arts and community organisations on the other to develop the flourishing citizens of tomorrow