The Compact Between DEECD and TAFE institutes in Victoria Published by the Department of Education and Early Childhood Development Melbourne October 2013 ©State of Victoria (Department of Education and Early Childhood Development) 2013 The copyright in this document is owned by the State of Victoria (Department of Education and Early Childhood Development), or in the case of some materials, by third parties (third party materials). No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968, the National Education Access Licence for Schools (NEALS) (see below) or with permission. An educational institution situated in Australia which is not conducted for profit, or a body responsible for administering such an institution may copy and communicate the materials, other than third party materials, for the educational purposes of the institution. Authorised by the Department of Education and Early Childhood Development, 2 Treasury Place, East Melbourne, Victoria, 3002. The Victorian Government and the tertiary education sector, including TAFE institutes, share a commitment to, and responsibility for, the development of a highly skilled and capable workforce that meets the needs of an ever changing economy. The Department of Education and Early Childhood Development (‘the Department’) plays a number of roles in the vocational training market, including that of funder and system manager. It is also responsible for the management of TAFE institutes on behalf of the Minister for Higher Education and Skills. Reform Directions In 2012 the Government released Refocusing Vocational Training in Victoria, in which it signalled its intent to move towards a competitively neutral vocational training market. An independent TAFE Reform Panel was subsequently appointed to provide advice on the future sustainability and structure of TAFE institutes. The Government responded to the TAFE Reform Panel’s A strong and sustainable Victorian TAFE sector report through Next Steps for Refocusing Vocational Training in Victoria: Supporting a Modern Workforce. As a result of these reforms, the respective roles and responsibilities of TAFE institutes and the Department will fundamentally change. The Department has already restructured its Higher Education and Skills Group to separate its responsibilities as both the funder and owner of TAFE institutes. Given this change, it is critical that the roles, responsibilities, expectations and behaviours of the Department and TAFE institutes are clearly articulated and understood by both parties. The Compact As part of its response to the Panel’s recommendations, the Government has committed to developing a Compact to articulate the relationship between the Department and TAFE institutes. The Compact seeks to clarify respective roles and responsibilities associated with the changing context of the Victorian vocational training system. The Compact is an aspirational document, rather than a legally binding agreement. It does not override or replace any existing legislative or regulatory accountabilities, and it should be read in conjunction with existing accountability documents. Rather, the Compact fills in ‘gaps’ where particular principles, roles and responsibilities are not part of the current accountability framework, or would be inappropriate to include. The Compact sets out five key principles to support this new relationship. These principles have been developed in consultation between the Department and the 14 stand-alone TAFE institutes. Each principle is underpinned by a statement of intended outcomes and an explicit allocation of Department and TAFE institute responsibilities. They are: Public provision is an important part of the Government’s vision for the vocational training sector which they and the Department are held accountable for outcomes TAFE institutes are recognised as managing commercial, individually distinctive and separately governed businesses Information exchanges should be clear, efficient and timely and undertaken in a commercial manner that is underpinned by a recognised business need TAFE institutes are diverse, performance oriented enterprises that operate in a complex regulatory environment within Communications should be conducted in a respectful, honest, trusting and direct manner 3 Principles, Roles and Responsibilities Principle 1: Public provision is an important part of the Government’s vision for the vocational training sector Aim The Department and TAFE institutes have a shared understanding of the role of public provision in the vocational training sector. Responsibilities The Department will: TAFE institutes will: Clearly articulate the rationale for Government policy decisions and consult on policy directions in the vocational training market where possible. Operate consistently with the Government’s expectations for public providers. Provide market intelligence on training needs and capacity and skills gaps for emerging and niche occupations and industries. Acknowledge the Commonwealth and State perspectives on the public provision of vocational training. 4 Principle 2: TAFE institutes are recognised as managing commercial, individually distinctive and separately governed businesses. Aim The Department ensures that TAFE institutes operate in a fair and transparent market. TAFE institutes have the requisite powers and autonomy needed to be commercially focused and competitive, balanced by an appropriate accountability and risk management framework. Responsibilities The Department will: TAFE institutes will: Facilitate discussions for TAFE institutes with other parts of Government on issues that are beyond the influence of the Department, but which go towards ensuring a fair and transparent market. Advise the Department of potential issues and unintended consequences from policy changes as necessary. Provide governance and policy frameworks that are consistent with TAFE institutes operating in a competitively neutral market. Work with TAFE institutes to determine their specific financial objective and set realistic timeframes for it to be met. Respect the rights of TAFE institutes to exercise strategic, evidence based decisions. Be transparent on the institutional risk reporting framework and the triggers for intervention, and act consistently with this (subject to Ministerial approval). Principles, Roles and Responsibilities Work proactively with Government to pursue commercial business and investment opportunities. Take full responsibility for the management of their assets and will work with Government during the transition period to identify the best outcomes for those assets. Operate governance models and processes that reflect the intent of the Education and Training Reform Act 2006 and are consistent with a common understanding of good governance. 5 Principle 3: TAFE institutes are diverse, performance oriented enterprises that operate in a complex regulatory environment within which they and the Department are held accountable for outcomes Aim Be accountable for working within the State and Commonwealth legislative and regulatory framework for Victorian TAFE institutes, while meeting the needs of clients and learners. Engage the active participation and support of communities, industry, businesses, and other education providers. Responsibilities The Department will: TAFE institutes will: Work with other relevant bodies, including national bodies, to simplify the reporting obligations of TAFE institutes. Advise the Department of opportunities to simplify inter-departmental and cross jurisdictional requirements. Work to ensure that TAFE institutes have the skills to deal with a complex environment and change. Continue to measure and benchmark their performance with a view to improving their capacity to measure performance. Ensure that the Department has the right mix of skills to understand and effectively monitor the complex business needs of TAFE institutes. Implement recommendations that create a fair and transparent market and produce benchmarking information. Principles, Roles and Responsibilities 6 Principle 4: Information exchanges should be clear, efficient and timely and undertaken in a commercial manner that is underpinned by a recognised business need Aim Requests are clear, consolidated, efficient, simplified, cognisant of business impacts and given with sufficient notice, and responded to in a timely and responsive manner, with a view to producing better outcomes. Feedback and data is used to inform decisionmaking, strengthen practice, and identify areas for improvement. Responsibilities The Department will: Provide TAFE institutes with the rationale for information requests and timelines. Consult with TAFE institutes prior to creating new and streamlined reporting requirements. Develop processes to ensure that information requests are delivered to TAFE institutes through appropriate channels. Collate and disseminate timely and accurate performance benchmarking data and information about the market that provides an evidence base for TAFE institutes to improve their performance. Facilitate timely approvals and access to Government information. Transact on commercial terms by paying institutes on time for activities in its capacity as funder, not making automated deductions for unpaid payments. Principles, Roles and Responsibilities TAFE institutes will: Provide the Department with quality data in a timely and accurate manner. Provide an assessment of the workload and complexity associated with requests. Engage the Department to advise what sector wide data is useful for their operations. Provide qualitative information to give context to data collected by the Department. Recognise that there is some information that cannot be shared by the Department as it is either Cabinet-in-Confidence or would undermine competitive neutrality principles. Transact on commercial terms by making any repayments on time, and not making deductions for unrelated payments. 7 Principle 5: Communication should be conducted in a respectful, honest, trusting and direct manner Aim Two-way communication which is conducted in a way that builds trust. Constructive and regular interactions that lead to better institute, sectoral and/or market outcomes for students. Responsibilities The Department will: Both parties will: Be consistent with its communications protocols and ensure departmental contact points are communicated regularly. Adopt a ‘no surprises’ approach to build trust, including providing advance notice where possible. TAFE institutes will: Engage in regular structured communications (including at regional venues), supplemented by ad-hoc dialogues where necessary, including progress towards goals and targets. Provide the Department with advance notice of any significant announcements likely to generate media interest. Respect the right of the other party to treat information confidentially in some cases. Maintain effective and transparent two way communication between the Department and TAFE Institute. Principles, Roles and Responsibilities 8