Hipkins ChrisEDUCATION (PASTORAL CARE) AMENDMENT BILLThird ReadingHon CHRIS HIPKINS (Minister of Education): I move That the Education (Pastoral Care) Amendment Bill be now read a third time. The passing of this bill is a significant step towards improving the pastoral care of tertiary students in our polytechs our universities our private training establishments and our wānanga up and down the country. I want to acknowledge again and thank the members of the House for their constructive work to bring this bill to its final stage today. The bill will allow for an interim code of practice to be put in place and be effective from the beginning of next year. I'd like to thank all of the officials who worked quickly and swiftly and tirelessly to develop the legislation and to draft the interim code so that it can be put in place in a very short space of time. I also want to acknowledge the family of Mason Pendrous at this difficult time for them and I want to reiterate in this House that we want to do all that we can to take steps to ensure that no family finds themselves in the position that they have found themselves in ever again. This tragic event and the subsequent information-gathering by the Tertiary Education Commission into the pastoral care arrangements of student accommodation throughout the country exposed limitations in the current self-regulating approach to supporting our tertiary students. The voluntary code for student accommodation had not been reviewed since it was brought in 15 years ago and in many cases had not been followed. We now have an opportunity to change this. The bill and the subsequently developed code of practice will provide greater certainty for students their families and for providers. The bill aims to address the regulatory gap for the pastoral care of domestic tertiary students. Families and whānau have a right to feel assured that when their young people leave home after Christmas they are going to be provided with the best possible pastoral care in terms of the safety and the support services that they receive. This bill and the interim code ensures that will happen.Students need to know that there are minimum standards of safety and there is support available to them if they need it. Providers also need clarity around what they are expected to provide for their students including specific requirements for halls of residence and for other student accommodation.The bill is going to enable the code of practice for pastoral care of domestic tertiary students to be issued. It will ensure that providers are accountable for pastoral care standards and that their students can succeed academically in a safe healthy and supportive learning environment.Further work is being done on the development of an ongoing code and a consultation requirement's been inserted into the bill. The consultation with students the wider tertiary sector including consultation with the Privacy Commissioner is going to be essential to developing an ongoing code that is robust and that's effective.The bill enables the Minister to appoint a code administrator to monitor compliance with the code and to issue notices and importantly sanctions if they are needed. I anticipate the code administrator will have a range of education information or influence interventions that are available to them so that they can promote good practice in line with the code of practice.The entry and inspection powers in the bill will enable the code administrator to monitor or investigate compliance with the relevant code and the provisions have been amended to strengthen the privacy of students by the select committee. The bill introduces a new criminal offence for breaches of the application of the code without reasonable excuse where those result in serious harm or death. The maximum level of the fine for this offence is $100000. It also introduces a new civil pecuniary penalty for serious breaches without reasonable excuse of the applicable code.The penalty and offence provisions will apply both to tertiary education providers and to signatories to the code for international students. Additionally the bill introduces a dispute resolution scheme for domestic tertiary students. But that won't apply to the interim code in 2020. Details of the application of the dispute resolution scheme to domestic tertiary students will be arranged and agreed over the course of the coming year.Other than the new offence and penalty provisions the bill does not propose to change the existing code for international students which has been in place for some time and transitional provisions carry forward that existing code.I want to say again that I appreciate the cross-party and cross-House support for the bill which has enabled the bill to progress through the House very quickly. The speed is important because it means that the interim code can be put in place from the beginning of 2020 to provide that assurance to students and their families while we work with them to ensure that we have a more long-term code in place from the beginning of 2021.The interim code will set out a general duty of pastoral care required of all tertiary education providers in relation to domestic students and specific requirements for student accommodation. The purpose of the code will be to ensure that as far as practicable domestic tertiary students can succeed academically in a safe healthy and supportive learning environment.I do want to note that some providers may need to strengthen their existing systems and processes for pastoral care of their students. And I note that some providers are already providing a very high standard of pastoral care with very robust systems in place. It's this inconsistency that needs to change and it's also why I do not accept any excuses that might be made of increased costs or any intention to pass those on to students as a direct result of the interim code next year when providers should already be delivering the level of care consistent with that which the code requires.We'll be releasing the interim code shortly after this third reading. I understand a copy has already been supplied to the Opposition. Officials will work with the sector to support them in discharging their responsibilities under the code. The interim code will apply from 1 January and as I've said we'll be working to establish the permanent code which will come into effect in 2021.To conclude the bill is vital to ensuring that the protections and supports that we need to have are in place for the pastoral care of all domestic tertiary students. Tertiary students but especially those young students leaving home for the first time can be a vulnerable group. Their wellbeing is essential for them to be able to succeed and achieve their aspirations in education. The bill will ensure stronger protections are in place for students and student accommodation it will support all domestic tertiary students to succeed academically in a safe healthy and supportive learning environment and I commend the Education (Pastoral Care) Amendment Bill to the House.