Call for Comments on the Amended Higher Education Act 1983

Press Release

INTRODUCTION

 This is to advice the public that the Ministry for Higher Education, Research, Science and Technology has completed the draft amendments to the Higher Education Act of 1983 (and consolidated to No. 45 of 2000) with the intention to Repeal the old and a new “Higher and Technical Education Act 2011” to come into effect in 2011.

The need to repeal the existing Act has come about to provide a governance framework that is consistent with current trends in the governance and management of higher and technical education, that is aligned towards a market economy that is driven by technological advancement in all facets of a country’s development. The demands of the Vision 2050 especially the ascendants of PNG into a middle income economy clearly shows the need for a new governance system that must take into account a complex management system in an equally dynamic system that the country has never experienced in the last 35 years.

Similarly, the higher and technical education system is observed to be obsolete and inadequate in addressing long term and existing problems, relating to quality and standards, student militancy, loss of scholarship and the academic collegiality, as the academics have become more involved in individual interest rather than the academic community, in the service of a broader national development.

As part of the consultation process, the Office of HERST is inviting views or comments from the general public on the governance and legislative system required to support the higher and technical education industry. The comments gathered from you will form a valuable input in the finalization of the proposed Higher and Technical Education Act.

 BREIF DESCRIPTION OF AMMENDMENTS TO THE CURRENT HIGHER EDUCATION ACT 1983

With the emerging global economic trends, the launching of the PNG Vision 2050 seeks to position PNG in the global environment in order to maximize its comparative and competitive advantages. The PNG Vision 2050 encourages that PNG’s policies, institutions and systems must shift from the current ‘scarcity mentality’ to the positive ‘abundance mentality’ to activate this paradigm shift.

Human capital development is important (Pillar One of the PNG V2050), thus the Ministry for HERST, CHE and OHE should play the leading role in ensuring that there is coherence with all post grade 12 institutions in PNG, and prospective providers of higher education.

The Review of the Higher Education Act and Draft Bill (draft 3) has been completed and submitted to the OHE Director General, with the professional advice from legal consultants.

 The Bill is comprehensive and seeks to cover most of the issues that affect the higher education sector. It has also been framed against the existing Higher Education Plans, the Policy Guidelines of Establishment, Provisional Recognition and Accreditation of an Institution of Higher Education in PNG, the Protocols and Declaration of an IHE as a University in PNG, the Authorization of Cross-Border Higher Education Providers in PNG, Policy Guidelines for Private Institutions of Higher Education in PNG and the PNG National Qualifications Framework and its guiding policies.

CHALLENGES IN THE HIGHER EDUCATION SECTOR THAT HAVE BEEN ADDRESSED IN THE DRAFT BILL INCLUDE:

A number of challenges that affect the higher and technical education are embraced by the Bill. These challenges are:

  • Management of the Sector (Unified)

The Bill empowers OHERST to secure the sector (unified) through a number of approval processes, in this way the sector becomes manageable. An important matter included in the Interpretation provision is the definition and steps involved in the intervention of the Minister and OHERST in resolving student and staff strikes and revolts in institutions of higher learning. An intervention mechanism is now provided in the sector to deal with violence and strife at the higher and technical education institutions.

  • Accreditation

The Bill clarifies accreditation standards set by the Government, and the proper procedures that will be acceptable, also covering procedural requirements for establishment of accredited institutions.

  • Private Providers

The Bill includes the regulation, accreditation, licensing, registration and recognition of private institutions of higher education in PNG.

  • Distance Education

The Bill includes provision of distance education offerings in PNG, their quality assurance measures and their guiding principles.

The Bill provides a number of provisions dealing with these challenges, applying to both public and private providers of higher education in PNG. Existing higher education institutions and universities will also be covered by the Bill.

KEY AREAS FOR REFORM

A number of key areas requiring the reform of the OHE are also addressed by the Bill. They include:

  • Organisational Structure (OHE, CHE, Powers, Roles and functions, and Committees)

Amendments reflect that there will be only one Board which will replace the Commission. The powers and functions of the Board are now clarified under the Bill. The OHE is now clearly mandated under the new amendments to carry out various powers and functions. The Office of the Director General has also been created and his/her powers and functions are clarified.

  • Higher Education
  1. 1.  Classification of Institutions of higher learning
  2. 2.  Structure and Management of Public Institutions of Higher Education
  3. 3.  Criteria
  4. 4.  Management and coordination of these institutions
  • Licensing

Licensing of Institutions and the process are clarified in the amended Bill.

  • Accreditation

Accreditation (institutional and program) procedures and guidelines are clearly set under the new amendments.

  • Management of Scholarships

The OHERST as the regulator is given power to develop rules and procedures about the Government scholarships that it manages.

Under the Bill there will be only one Board which will replace the Commission. The powers and functions of the Board are now clarified under the Bill. The OHE is now clearly mandated under the Bill to carry out various powers and functions. The Office of the DG has also been created and his powers and functions clarified.

A number of systems have been included in the Bill to promote quality in the higher education sector.

OUTLINE OF THE DRAFT HIGHER EDUCATION BILL

Amended Draft Bill
Part I: Inclusion of more elaborated interpretation

For the first time, an intervention mechanism is now provided in the sector to deal with violence and strife at institutions of higher education.

Part II: Covers the objects (s4) and principles (s5) of the proposed Act.

This part of the law is innovative as it provides the bridge between law and policy.

Part III: OHERST (its establishment, functions and powers etc.)
Part IV: Provides the Establishment of the ‘National Higher Education Board,’ its composition, powers, functions and related matters (s.10-19)

The CHE is replaced under this part (s10).

Part V: Special functions of the Chairperson of the Board
Part VI: Provides for establishment of five (5) working committees (s21).
Part VII: Provides for Office of DG (Division 1) and staff of OHERST (Division2).

Division 2: clearly covers staffing and employment of staff or officers of OHERST (s24-s26)


Part VIII: Covers Accredited Institutions generally.
Part IX: Covers the establishment of Accredited Institution. Division 1 (s30-s34) provides for procedural requirements for application. This is divided into six (6) divisions.
Part X: Covers the accreditation of academic Programmes. It is important to observe that it is not the course that is being accredited but the academic programme. This is divided into six (6) divisions.
Part XI: Covers universities (self accredited higher education institutions). This is divided into five (5) divisions.
Part XII: Cover overseas Higher Education institutions intending to operate as accredited IHE’s in the country. This is divided into seven (7) divisions.
Part XIII: This empowers OHERST to assist teachers and academics of State owned accredited institutions in their fight for better conditions and salaries. Section 104 empowers the Board to make recommendations to the Salaries and Conditions Monitoring Committee established under the Salaries and Conditions Monitoring Committee Act 1988 on their salaries and conditions. This provision is aimed at ensuring that salaries and conditions of teachers and academics at State owned institutions are standardized.
Part XIV: Covers finances and asses of the office.
Part XV: Section 110 provides for the repeal of the Higher Education Act 1983.
Part XVI: Sections 111-118) includes savings and transitional provisions. This part is also aimed at protecting the assets and accounts of the OHE as all existing assets and accounts and staff under the current Act will cease one the Bill becomes law and comes into operation.

Section 118 relates to the application of the new Act to the existing higher education institutions and universities. The provision provides that existing HEI’s and universities are required to comply with the provisions of this Act within 12 months. This will ensure that all HEI’s and universities start on the same footing under the Act.

Part XVII: This part of the law is aimed at including matters which cannot find place within other parts of the law.

Two important provisions are: (1) scholarship under (s119) where OHERST is given to develop rules and procedures about the Government Scholarships that it manages; and (2) confidentiality (s128) – this is designed to protect the OHERST against the leakage of confidential information to the public and unauthorized persons. As an important State institution that deals with confidential matters relating to institutions, students and staff, it is imperative that such a provision is included to protect the data that is within the control and management of the OHERST.

Part XVII: This part contains only one section – Regulation. This provision enables the OHERST to develop a number of rules and guidelines and impose fees and charges to support its work.

STRATEGY FOR REFORM

The Bill has been designed to complement existing laws. The amendments will affect numerous existing legislations of other stakeholders of higher and technical education in PNG, and therefore they will need to amend certain sections of their legislations, to ensure that there is a national standard and quality control in the higher and technical education sector and managed and oversighted by the OHERST.

The Amended Bill can be viewed at the Office of Higher Education, Mutual Rumana Building (2nd Floor), Waigani, Port Moresby, or by visiting our website: www.ohe.gov.pg. Hard copies can be obtained by contacting the Office of Higher Education, on phone: 3012052 / 2082 or email: emada@ohe.gov.pg.

Your comments should be received by the Office via postal address: Office of Higher Education, PO Box 5117, Boroko, National Capital District, or directly to the website link, no later than 30th May, 2011.

Authorized by:
William Tagis, PhD
Director General