Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698832647152.pdf (New Zealand)
Education (Pastoral Care) Amendment Bill Government Bill Explanatory note General policy statement The Education (Pastoral Care) Amendment Bill amends the Education Act 1989 (the Act).
The public policy objectives of the Bill are to─ • • • address regulatory gaps relating to the pastoral care of domestic tertiary stu- dents, to ensure that students live in a safe environment and have a positive experience that supports their educational achievement: ensure the consistency and effectiveness of the codes of practice for domestic tertiary and international students: ensure that providers are accountable for pastoral care standards.
Addressing regulatory gaps for domestic tertiary students The Bill addresses regulatory gaps relating to the pastoral care of domestic tertiary students by enabling the Minister of Education (the Minister) to create a mandatory code for domestic students alongside the existing Education (Pastoral Care of Inter- national Students) Code of Practice 2016, and providing for code compliance to be monitored and enforced.
The code for domestic tertiary students will require providers to take all reasonable steps to protect students and ensure, so far as is possible, that students have a positive experience that supports their educational achievement.

The Bill is intended to ensure that students live in a safe environment by setting out provider requirements for student accommodation and enabling the code administra- tor to gather information about student accommodation in order to assess compliance.
Student accommodation will be subject to the requirements of the code where it is exempt from Residential Tenancies Act 1986 requirements.
184—1 2 Education (Pastoral Care) Amendment Bill Explanatory note Ensure consistency and effectiveness of codes of practice for domestic tertiary and international students The Bill provides for the consistency and effectiveness of the codes of practice for domestic tertiary and international students by setting out arrangements relating to code administration, monitoring, compliance and enforcement, offences and penal- ties, and dispute resolution.
Ensure that providers are accountable for pastoral care standards The Bill is intended to ensure that providers are accountable for pastoral care stand- ards by establishing a system of monitoring and enforcement.

In addition, the Bill introduces new offences and pecuniary penalties for providers responsible for serious harm to or the death of students, with liability in each case up to a maximum of $100,000.
Transitional arrangements Transitional provisions carry forward the existing international code and enable an interim domestic tertiary code to be in place between 1 December 2019 and 1 January 2021.

This will ensure that all domestic tertiary and international students have pro- tections in place for 2020.

Departmental disclosure statement The Ministry of Education is required to prepare a disclosure statement to assist with the scrutiny of this Bill.
The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?

type=bill&subtype=government&year=2019&no=184 Regulatory impact assessment The Ministry of Education is producing a regulatory impact assessment to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
When completed, a copy of the regulatory impact assessment can be found at— • http://www.treasury.govt.nz/publications/informationreleases/ria Clause 1 is the Title clause.

Clause by clause analysis Clause 2 is the commencement clause.

The Bill is to come into force on 1 Decem- ber 2019.

Clause 3 provides that the Bill amends the Education Act 1989 (the principal Act).
Explanatory note Education (Pastoral Care) Amendment Bill 3 Clause 4 replaces Part 18A of the principal Act, which concerns the pastoral care of international students, with a new Part 18A that concerns the pastoral care of domes- tic tertiary students and international students.

New section 238D defines the terms used in new Part 18A.

New section 238E provides that signatory providers may enrol persons as inter- national students.
New section 238F provides that, despite new section 238E, providers must enrol inter- national students for education instruction for 2 weeks or less.

New section 238G provides that the Minister may issue a code of practice for the pas- toral care of domestic tertiary students and a code of practice for the pastoral care of international students.

New section 238H provides that the Minister may appoint code administrators, whose responsibilities include assessing code compliance.
New section 238I provides that a code administrator may issue quality improvement notices to providers.

New section 238J provides that a code administrator may issue compliance notices to signatory providers.

New section 238K requires providers to comply with quality improvement notices and signatory providers to comply with compliance notices.

New section 238L sets out sanctions for breaching a code.

New section 238M establishes a student contract dispute resolution scheme (the DRS).
New section 238N places a cap on the amount to be paid in resolving a dispute between a student claimant and a provider or signatory provider.

New section 238O provides that the District Court may enforce compliance with DRS rules or binding resolutions.

New section 238P provides for the making of rules for the functioning and adminis- tration of the DRS.

New section 238Q provides for the making of regulations imposing an export educa- tion levy.
New section 238R sets out the purposes to which export education levy funds may be applied.

New section 238S sets out an offence for code breaches that result in serious harm to or the death of students.

The fine may not exceed $100,000.

New section 238T sets out a pecuniary penalty for code breaches.

The pecuniary pen- alty may not exceed $100,000.

New section 238U provides that a person may be held accountable under new section 238S or new section 238T, but not both.
4 Education (Pastoral Care) Amendment Bill Explanatory note Clause 5 amends Schedule 1 of the principal Act, which contains transitional, sav- ings, and related provisions, by inserting new Part 9 (new clauses 26 and 27).

New Part 9, which is set out in the Schedule of the Bill, sets out the transitional arrange- ments relating to the replacement of Part 18A of the principal Act with new Part 18A.
Hon Chris Hipkins Education (Pastoral Care) Amendment Bill Government Bill Contents 1 2 3 4 Title Commencement Principal Act Part 18A replaced Part 18A Pastoral care of students 238D Interpretation Enrolment of international students 238E 238F Signatory providers may enrol persons as international students Providers must enrol persons as international students in certain circumstances Pastoral care of domestic and international students 238G 238H Pastoral care codes of practice Code administrators Compliance 238I 238J 238K 238L Quality improvement notices Compliance notices Providers and signatory providers to comply with notices Sanctions for breach of code Dispute resolution 238M Student contract dispute resolution scheme established 238N Cap on amount to be paid 184—1 Page 2 2 2 2 2 4 4 4 6 7 8 8 9 9 10 1 10 11 11 11 13 13 13 14 15 cl 1 Education (Pastoral Care) Amendment Bill 238O 238P District Court to enforce DRS Rules of student contract dispute resolution scheme Export education levy 238Q 238R Export education levy How export education levy may be applied Offences and penalties 238S Offence relating to breach of code resulting in serious harm to or death of students Pecuniary penalty relating to breach of code Relationship between offences and penalties 238T 238U Schedule 1 amended 5 Schedule New Part 9 inserted into Schedule 1 The Parliament of New Zealand enacts as follows: 1 2 3 4 Title This Act is the Education (Pastoral Care) Amendment Act 2019.
Commencement This Act comes into force on 1 December 2019.

Principal Act This Act amends the Education Act 1989 (the principal Act).
Part 18A replaced Replace Part 18A with: Part 18A Pastoral care of students 238D Interpretation In this Part, unless the context otherwise requires,— code means a code of practice issued under section 238G code administrator means the person or agency appointed under section 238H(1) domestic tertiary student means an individual— (a) who is— (i) a New Zealand citizen; or 2 5 10 15 Education (Pastoral Care) Amendment Bill cl 4 (ii) (iii) the holder of a residence class visa granted under the Immigration Act 2009 who satisfies the criteria (if any) prescribed by regula- tions made under section 2(4); or a person of a class or description of persons required by the Min- ister, by notice in the Gazette, to be treated as if they are not inter- national students; and 5 (b) who is a tertiary student enrolled at a provider DRS operator means a person or an agency appointed under section 238M(4)(a) DRS rules means the rules made under section 238P international student means an individual— (a) who is enrolled, or is proposed to be enrolled, at a signatory provider; and (b) who is not a domestic tertiary student provider means a person or body that is,— (a) (b) in respect of international students, a registered school; or in respect of domestic tertiary students and international students,— (i) (ii) an institution within the meaning of section 159; or a private training establishment registered under section 233 serious harm, in relation to a domestic tertiary student or an international stu- dent, means an event or circumstances that seriously and detrimentally affect the safety or well-being of the student, including (but not limited to) a physical injury or illness that requires immediate treatment (other than first aid), hospi- talisation, or medical, psychological, or psychiatric intervention signatory provider means a provider that is a signatory to a code student accommodation means premises that are exempt under section 5B of the Residential Tenancies Act 1986 student claimant, in relation to a provider, means a person who— 10 15 20 25 (a) (b) (c) is a domestic or an international student enrolled by the provider or sig- natory provider; or 30 is a former domestic or international student enrolled by the provider or signatory provider; or intends to be, or is in the process of being, enrolled by the provider or signatory provider as a domestic or an international student student contract dispute resolution scheme or DRS means the student con- tract dispute resolution scheme established by section 238M.
35 3 cl 4 Education (Pastoral Care) Amendment Bill Enrolment of international students 238E Signatory providers may enrol persons as international students (1) A provider may enrol a person as an international student or continue to have an international student enrolled, as long as the provider is a signatory provider.
(2) A provider may not enrol a person as an international student or continue to have an international student enrolled, or provide educational instruction for the person, if the provider— 5 (a) (b) (c) is not a signatory provider; or is removed as a signatory provider under section 238L; or ceases to be a signatory provider for any other reason provided in the code.
(3) A provider or signatory provider that is subject to a sanction under section 238L(1) may continue to have international students enrolled and may provide educational instruction to those students, but only to the extent permitted by the sanction.
10 15 238F Providers must enrol persons as international students in certain circumstances A provider must enrol a person as an international student if the person is not a domestic tertiary student and the provider— (a) provides the person with educational instruction for more than 2 weeks; or 20 (b) accepts tuition fees from the person.
Pastoral care of domestic and international students 238G Pastoral care codes of practice (1) The Minister may issue— (a) (b) a code of practice that provides a framework for the pastoral care of domestic tertiary students: a code of practice that provides a framework for the pastoral care of international students.
(2) The purpose of the code— 25 30 (a) for domestic tertiary students is to support the Government’s objectives for the education of domestic tertiary students by— (i) (ii) requiring providers to take all reasonable steps to protect domestic tertiary students; and ensuring, so far as is possible, that domestic tertiary students have a positive experience that supports their educational achievement: 35 4 Education (Pastoral Care) Amendment Bill cl 4 (b) for international students is to support the Government’s objectives for international education by— (i) (ii) requiring providers to take all reasonable steps to protect inter- national students; and ensuring, so far as is possible, that international students have in New Zealand a positive experience that supports their educational achievement.
5 (3) The scope of the code— (a) for domestic tertiary students is to prescribe, alongside other quality assurance prescribed by this Act,— 10 (i) (ii) outcomes sought from providers for their domestic tertiary stu- dents; and key processes required of providers to support the well-being, achievement, and rights of domestic tertiary students: (b) for international students is to prescribe, alongside other quality assur- ance prescribed by this Act,— 15 (i) (ii) outcomes sought from providers for their international students; and key processes required of providers to support the well-being, achievement, and rights of international students.
20 (4) Without limiting subsections (1) to (3), a code may include provisions for 1 or more of the following purposes: (a) (b) despite anything in the Public Finance Act 1989, requiring providers to indemnify the code administrator: providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
25 (5) The code— (a) (b) for domestic tertiary students is binding on all providers: for international students is binding on all signatory providers.
(6) A code— (a) may make different provisions in relation to students under the age of 18 years and in relation to students aged 18 years or over: (b) must be published on an Internet site maintained by or on behalf of the Ministry: (c) is a disallowable instrument, but is not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
Compare: 2015 No 70 s 191(4) 30 35 5 cl 4 Education (Pastoral Care) Amendment Bill 238H Code administrators (1) The Minister may, by notice in the Gazette, appoint a person or an agency to be responsible for— (a) administering— (i) (ii) the code for domestic tertiary students: the code for international students; or (b) administering both codes.

(2) When appointing a code administrator, the Minister must have regard to the knowledge, skills, or experience of the person or agency.
(3) The functions of the code administrator are,— (a) in the case of international students,— (i) to receive applications from providers seeking to become signa- tory providers; and (ii) to assess those applications against— (A) (B) the criteria stated in a code; and the purpose stated in section 238G(2) and the scope sta- ted in section 238G(3); and (iii) to allow or decline to allow applicants to become signatory pro- viders in accordance with those assessments; and 5 10 15 (c) in the case of domestic tertiary students and international students,— 20 (i) to monitor and investigate the extent to which providers comply with a code— (A) (B) following a process prescribed by a code; and in close collaboration with education quality assurance authorities; and 25 (ii) (iii) to issue to providers notices under section 238I or 238J; and to impose on providers sanctions for breaches of a code and fail- ure to comply with notices under section 238I or 238J.
(4) A code administrator may allow an applicant to become a signatory provider unconditionally, or subject to any written conditions made known to the appli- cant at the time the code administrator informs the applicant that the applicant is allowed to become a signatory provider.
30 (5) A code administrator may, in accordance with the requirements of the applic- able code,— (a) (b) enter any student accommodation and inspect the premises and facilities: 35 inspect, and make and remove copies of, any information relating to the management of the student accommodation: 6 Education (Pastoral Care) Amendment Bill cl 4 (c) ask any person at any student accommodation to make or provide state- ments, in whatever form or manner is reasonable in the circumstances, about any matter relating to the safety of students who board at the stu- dent accommodation.
(6) A code administrator may exercise the powers in subsection (5) only for the purposes of monitoring or investigating compliance with the relevant code.
5 (7) A code administrator may not enter or inspect the room or sleeping area of a student accommodated at any student accommodation unless— (a) (b) the code administrator believes on reasonable grounds that the entry or inspection is necessary for the purposes specified in subsection (6); and prior notice of the entry or inspection is given to the student, and the pur- pose of the entry or inspection is explained; and (c) the student is present during the entry or inspection.
(8) A code administrator may, with the Minister’s prior written approval and sub- ject to any conditions that the code administrator or the Minister thinks fit, delegate any or all of the functions, duties, and powers specified in this section to another person or agency (having regard to their knowledge, skills, or experience).

Compliance 10 15 20 238I Quality improvement notices (1) A code administrator may issue a quality improvement notice to a provider.
(2) The notice must— (a) (b) (c) set out any concerns the administrator has about the provider’s systems, practices, training, or procedures; and 25 specify the time within which the provider is expected to address the administrator’s concerns (which must be a reasonable time, having regard to the nature and complexity of the action required); and specify the possible consequences of a failure to comply with a quality improvement notice.
30 (3) (4) The code administrator may publish the notice, or a summary of it, in a manner designed to give public notice of it.

The code administrator may, before the expiry of the time or period referred to in subsection (2)(b), extend the time or period, and in that case the time or period as extended becomes the time or period within or during which the notice must be complied with.
35 Compare: 1992 No 55 s 11C 7 cl 4 Education (Pastoral Care) Amendment Bill 238J Compliance notices (1) A code administrator may issue a compliance notice to a signatory provider that requires the signatory provider to do, or refrain from doing, a particular thing in relation to— (a) (b) the signatory provider’s obligations as a signatory to a code; or 5 the signatory provider’s conditions of approval as a signatory to a code.
(2) A notice under subsection (1) may specify the manner in which a thing must be done or the manner in which the consequences of a thing must be rectified.

(3) The notice must be in writing and must— (a) (b) (c) state the date on which it is issued; and 10 if it requires the signatory provider to take any action, state a time on or before which, or a period within which, the signatory provider must take the action; and state the consequences or possible consequences of non-compliance with the notice.
15 (4) (5) The code administrator may publish the notice, or a summary of it, in a manner designed to give public notice of it.

The code administrator may, before the expiry of the time or period referred to in subsection (3)(b), extend the time or period, and in that case the time or period as extended becomes the time or period within or during which the notice must be complied with.
20 238K Providers and signatory providers to comply with notices (1) A provider must comply with a quality improvement notice issued under sec- tion 238I.

(2) A signatory provider must comply with a compliance notice issue under sec- 25 (3) (4) tion 238J.
If, in a code administrator’s opinion, a provider or signatory provider does not comply with the relevant notice, the code administrator may (as the code administrator sees fit) impose sanctions against the provider or signatory pro- vider under section 238L.
The code administrator may not act under subsection (3) until the later of the following: 30 (a) (b) 10 working days after the date on which the quality improvement notice or compliance notice was issued: the expiry of any time or period of a kind referred to in section 238I(2)(b) or 238J(3)(b).

35 (5) This section and sections 238I and 238J do not limit or affect section 238L.
8 Education (Pastoral Care) Amendment Bill cl 4 238L Sanctions for breach of code (1) If satisfied that a provider or signatory provider has breached the relevant code or failed to comply with a notice under section 238I or 238J, a code admin- istrator may,— (a) (b) in the case of signatory providers, impose new, or amend or revoke any existing, conditions on the signatory provider’s approval as a signatory provider: 5 in the case of providers and signatory providers, impose limitations on the provider’s or the signatory provider’s power to enrol students.
(2) If satisfied that a signatory provider has not complied with a sanction imposed under subsection (1) or a notice under section 238I or 238J, a code administrator may remove the signatory provider as a signatory provider.

10 Dispute resolution 238M Student contract dispute resolution scheme established (1) (2) (3) (4) This section establishes a student contract dispute resolution scheme (the DRS).
15 The purpose of the DRS is to resolve contractual and financial disputes between students (and former and prospective students) and providers or signa- tory providers.

Every provider or signatory provider that enrols, intends to enrol, or has enrol- led students is subject to and must (in relation to any contractual or financial dispute with a student or a former or prospective student) comply with the rules of the DRS prescribed under section 238P.
The Minister— 20 (a) may, by notice in the Gazette, appoint 1 or more persons or agencies to 25 be responsible for administering the DRS; and (b) must take reasonable steps to ensure that there is at all times a person or an agency appointed to be responsible for administering the DRS; and (c) may impose any conditions on the appointment that the Minister thinks fit.
(5) A student claimant may lodge with the DRS operator for resolution under the DRS any contractual or financial dispute with a provider or signatory provider, but only if— (a) the provider or signatory provider has been given an opportunity to resolve the dispute, but the student claimant is not satisfied with the process, or outcome, or both; or 30 35 (b) the provider or signatory provider— (i) has not tried to resolve the dispute; or 9 cl 4 Education (Pastoral Care) Amendment Bill (ii) has refused to try to do so.
(6) The resolution of a dispute is binding on all parties to the dispute if— (a) (b) it is the outcome of an adjudication of the dispute by or on behalf of the DRS operator; or it is produced by a mediation undertaken by or on behalf of the DRS operator whose outcome the parties to the dispute have agreed will be binding.
5 (7) The DRS operator— (a) may charge fees to a student claimant or the provider concerned, or both, (b) according to the rules of the DRS prescribed under section 238P; but (despite those rules) may in its absolute discretion partially or com- pletely exempt any person, or persons of a particular description, from the payment of fees.
238N Cap on amount to be paid In resolving any dispute, the DRS operator— (a) may not require a provider or signatory provider to pay to a student claimant in relation to any particular claim any amount exceeding $200,000; but (b) may charge the provider fees in addition to any amount required to be paid.
238O District Court to enforce DRS (1) The District Court may,— (a) (b) on the application of a student claimant or the DRS operator, make an order requiring a provider to comply with the rules of the DRS or to give effect to any resolution that is binding under section 238M(6); or on the application of the provider or signatory provider or the DRS oper- ator, make an order requiring a student claimant to give effect to any resolution that is binding under section 238M(6).
If an order (or part of an order) requiring the provider or signatory provider to comply with the resolution requires the provider or signatory provider to pay any sum of money to any person, that order (or part) may be enforced as if it were a judgment by the District Court for the payment of that sum of money to that person.
If the District Court is satisfied that the terms of the resolution of a dispute by the DRS operator are manifestly unreasonable, the court may modify the reso- lution before giving effect to it.

(2) (3) (4) Subsection (3) overrides subsections (1) and (2) and section 238M(6).
10 15 20 25 30 35 10 Education (Pastoral Care) Amendment Bill cl 4 238P Rules of student contract dispute resolution scheme (1) (2) (3) The Governor-General may, by Order in Council made on the recommendation of the Minister, make rules for the functioning and administration of the DRS.

Before recommending that an order be made, the Minister must consult any relevant bodies and sector representatives that the Minister thinks appropriate.
5 The rules may prescribe fees, or a means by which fees can be calculated or ascertained.

Export education levy 238Q Export education levy (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations imposing an export education levy on signa- tory providers who receive tuition fees from international students enrolled with them.
(2) Without limiting subsection (1), regulations made under this section must— (a) (b) (c) (d) prescribe the amount or the method for calculating the amount (or both) of export education levy payable by individual signatory providers, and may prescribe different amounts, or different methods of calculating the amounts, payable by different classes of signatory provider; and prescribe when the levy, or any part of the levy, is payable; and designate an agency to administer the levy and, if that agency is the Min- istry, the regulations may authorise the Ministry to delegate all or speci- fied aspects of the levy’s collection and use to another body; and require a signatory provider to supply, on request by the agency respon- sible for the administration of the levy, information about student num- bers or any other matter that is necessary to determine or verify the amount of levy payable by the signatory provider.
10 15 20 25 (3) Before recommending that an order be made, the Minister must consult signa- tory providers.
238R How export education levy may be applied (1) Export education levy funds may be applied for the following purposes: 30 (a) the development, promotion, and quality assurance of the export educa- tion sector, which may include (without limitation)— (i) professional and institutional development; and (ii) marketing; and (iii) (iv) implementation of scholarship schemes; and 35 research, and resource development; and 11 cl 4 Education (Pastoral Care) Amendment Bill (v) support (financial or otherwise) of other bodies engaged in the development, promotion, or quality assurance of the export educa- tion sector: (b) (c) (d) (e) the making of payments as set out in subsections (2) and (3): the administration and audit of the code for international students: the funding of the cost of the operation of the DRS established by sec- tion 238M that is attributable to international students: the general administration of the levy and associated purposes.
(2) Subsection (3) applies if— (a) an international student is or was enrolled with a private training estab- lishment or a private school for a course of study or training; and 5 10 (b) (c) at the time of the international student’s enrolment, the private training establishment held a current registration under Part 18, or the private school held a current registration under section 35A; and the private training establishment or private school has not, cannot, or will not provide, in whole or in part, the course of study or training.
15 (3) If this subsection applies, the levy funds may be used for any of the following purposes: (a) to make payment to any person to ensure the reimbursement of the stu- dent, in whole or in part, for tuition fees or for any payment other than tuition fees made by or on behalf of that student to the private training establishment or private school in respect of the student’s course of study or training if, and to the extent that,— 20 (i) (ii) the private training establishment or private school has not refun- ded the tuition fees or other payment; and 25 the agency responsible for the administration of the levy approves the reimbursement of the student as necessary and appropriate in the circumstances: (b) with the approval of the Minister, to reimburse the Crown for any sum provided by the Crown and paid to any person to ensure the reimburse- ment of the student, in whole or in part, for tuition fees or for any other payment made by or on behalf of that student to the private training establishment or private school in respect of the student’s course of study or training if, and to the extent that,— 30 (i) (ii) the private training establishment or private school had not refun- ded the tuition fees or other payment; and 35 the agency responsible for the administration of the levy approved the reimbursement of the student as necessary and appropriate in the circumstances: 12 Education (Pastoral Care) Amendment Bill cl 4 (c) with the approval of the Minister, to reimburse, in whole or in part, the agency responsible for the administration of the levy, or any Crown entity, for— (i) (ii) costs incurred by that agency or Crown entity in placing the stu- dent with an alternative provider; or 5 other costs incurred by that agency or Crown entity as a direct result of the private training establishment or private school not providing the course of study or training.
(4) Levy funds must be kept in a separate bank account that is used only for the purposes of the levy.

10 (5) As soon as practicable after 1 July in each year, the agency responsible for the administration of the levy must present to the Minister an annual report on the administration of the levy, which must include audited financial statements pre- pared in accordance with generally accepted accounting practice, and the Min- ister must present a copy of the report to the House of Representatives.
15 (6) The amount of levy payable by a provider under regulations made under this section is a debt due to the Crown and may be recovered in any court of com- petent jurisdiction.
Offences and penalties 238S Offence relating to breach of code resulting in serious harm to or death of 20 students (1) A provider or signatory provider commits an offence if— (a) (b) the provider or signatory provider, without reasonable excuse, breaches the applicable code; and the breach results in serious harm to or the death of 1 or more of its stu- dents.

25 (2) A provider who commits an offence against this section is liable on conviction to a fine not exceeding $100,000.
238T Pecuniary penalty relating to breach of code (1) On the application of a code administrator, a court may order a provider or sig- natory provider to pay to the Crown any pecuniary penalty that the court deter- mines to be appropriate if the court is satisfied that the provider or signatory provider has committed a serious breach of the regulatory requirements set out in the applicable code.

(2) The amount of any pecuniary penalty may not exceed $100,000.
30 35 238U Relationship between offences and penalties (1) Once criminal proceedings against a person for an offence under section 238S are determined, the High Court may not order the person to pay a pecu- 13 cl 5 Education (Pastoral Care) Amendment Bill niary penalty under section 238T in respect of the conduct, events, transac- tions, or other matters that were the subject of the criminal proceedings.
(2) Once civil proceedings against a person for a pecuniary penalty under section 238T are determined, the person may not be convicted of an offence under section 238S in respect of the conduct, events, transactions, or other matters that were the subject of the civil proceedings.
(3) Any uncompleted proceedings for an order under this Act that a person pay a pecuniary penalty must be stayed if criminal proceedings are started or have already been started against the person for the same act or omission, or sub- stantially the same act or omission, in respect of which the pecuniary penalty order is sought.

5 10 Compare: 1986 No 5 s 79B 5 Schedule 1 amended In Schedule 1, after Part 8, insert the Part 9 set out in the Schedule of this Act.
15 14 Education (Pastoral Care) Amendment Bill Schedule Schedule New Part 9 inserted into Schedule 1 s 5 Part 9 Provisions relating to Education (Pastoral Care) Amendment Act 2019 5 26 (1) Transitional provision relating to code for domestic tertiary students This clause— (a) (b) applies to providers that enrol domestic tertiary students; and applies despite the provisions of Part 18A (as substituted by the Educa- tion (Pastoral Care) Amendment Act 2019).
10 (2) The Minister may, on or after 1 December 2019 and before 1 January 2021, issue an interim code for domestic tertiary students.

(3) An interim code issued under subclause (2) expires on 1 January 2021.

(4) Despite anything in this Act (as amended by the Education (Pastoral Care) Amendment Act 2019) or any other enactment, the Minister is not required to consult any interested or affected persons or bodies in respect of the content or issuing of an interim code.
(5) Until an interim code for domestic tertiary students is issued under subclause (2) or a code for domestic tertiary students is issued under this Act (as amended by the Education (Pastoral Care) Amendment Act 2019), the provi- sions in Part 18A, as they stood immediately before the commencement of this clause, continue to apply.
(6) If an interim code is issued, it is not subject to the DRS set out in— 15 20 (a) (b) this Act as it stood immediately before the commencement of this clause; or 25 Part 18A (as substituted by the Education (Pastoral Care) Amendment Act 2019).

Terms used in this clause and defined in section 238D (as substituted by the Education (Pastoral Care) Amendment Act 2019) have the same meanings as in that section.
30 Transitional provision relating to code for international students This clause— (a) (b) applies to signatory providers that enrol international students; and applies despite the provisions of Part 18A (as substituted by the Educa- tion (Pastoral Care) Amendment Act 2019).
35 (7) 27 (1) 15 Schedule Education (Pastoral Care) Amendment Bill (2) Until a code for international students is issued under this Act (as amended by the Education (Pastoral Care) Amendment Act 2019), Part 18A and the code for international students, as they stood immediately before the commencement of this clause, continue to apply.
(3) However, the Minister may, on or after 1 December 2019 and before 1 January 2021, amend the code for international students under Part 18A (as substituted by the Education (Pastoral Care) Amendment Act 2019) as if the code had been made under that Part.

(4) (5) The provisions of Part 18A, as they stood immediately before the commence- ment of this clause, continue to apply for the purposes of concluding any pro- ceedings commenced before the commencement of this clause.
Terms used in this clause and defined in section 238D (as substituted by the Education (Pastoral Care) Amendment Act 2019) have the same meanings as in that section.

5 10 Wellington, New Zealand: Published under the authority of the New Zealand Government—2019 16