Hipkins ChrisEDUCATION (PASTORAL CARE) AMENDMENT BILLSecond ReadingHon CHRIS HIPKINS (Minister of Education): I move That the Education (Pastoral Care) Amendment Bill be now read a second time. It's customary when Ministers move a second reading speech that they thank the members of the select committee who have considered the bill and I want to do that today with some genuine appreciation for the across the House cooperation that has taken place in bringing this bill to this place. It is an example of I think how we can work together when we need to in the House. I particularly want to thank the Opposition spokesperson Dr Reti for his cooperation in helping to get the bill through the House. I do want to thank the organisations and individuals who have made submissions on the bill and taken the opportunity to have their voices heard on the matter. The bill addresses regulatory gaps relating to the pastoral care of domestic tertiary students to ensure that students live in a safe environment and that they have a positive experience that supports their educational achievement. It ensures the consistency and effectiveness of codes of practice for domestic and tertiary students and it ensures that providers are accountable for the pastoral care of their students. I want to briefly cover some of the amendments that the Education and Workforce Committee has made to the bill. The Government intends to support the amendments as recommended by the committee. The committee has recommended an amendment to the definition of serious harm" in new section 238D of the bill. The definition of "serious harm" is relevant in determining whether an offence has been committed. New section 238S introduces a new criminal offence for breaches of the applicable code without reasonable excuse that result in serious harm or death. The definition of "serious harm" as introduced was linked to a requirement for immediate treatment. A number of the submitters were concerned about this definition. Whether or not an injury or illness has required treatment or medical intervention shouldn't be what decides whether serious harm has occurred. I welcome the committee's recommended amendment to remove reference to the types of treatments or interventions that might be required and I also support the committee's other recommended amendment to the definition of "serious harm" to make it clear that the definition is not intended to include harms that have a minor or no ongoing impact for the students. The committee's recommendation is to change the reference to "an event or circumstances that seriously and detrimentally affect the safety or well being of the student" to "an event or circumstances that seriously and detrimentally affect the ongoing welfare of the student". New section 238G as introduced enables the Minister to issue "a code of practice that provides a framework for the pastoral care of domestic students:" and "a code of practice that provides a framework for the pastoral care of international students." The committee has recommended this section is amended to clarify that the Minister is able to issue a single code that provides the framework for the pastoral care of both domestic and international students and I welcome this amendment. It does give additional flexibility. A number of submitters commented that there should be a more explicit requirement around consultation particularly with students in the wider tertiary sector. In response the committee has recommended the insertion of new subsection (4A) into new section 238G. That would require the Minister before issuing the code to consult with those parties that the Minister considers are likely to be affected by the code. That includes representatives of students parents providers signatory providers—i.e. those who are part of the international code—and the staff of providers and signatory providers as well as the Privacy Commissioner. I welcome those recommended amendments and I consider that the consultation with students their families and the wider sector including the Privacy Commissioner is in fact going to be essential to developing the code and to ensuring that it is robust and effective. New section 238H gives new powers of entry and inspection of student accommodation to the code administrator as part of their ability to monitor a provider's compliance with the code. The committee has recommended three changes to these provisions: for inspection of a student's room the code administrator must give the student a minimum of 24 hours' notice that explains the purpose of the intended entry or inspection; the student must consent to the entry and inspection unless that is unreasonable in the circumstances—for example if the student has been unable to be contacted—and the student doesn't need to be present if they consent to the entry in their absence. Now I support these amendments. The amendments will improve the bill by strengthening the privacy of students and I think that is a welcome thing. The committee has also recommended several minor amendments to the bill which I support including amending new section 238G to require providers to take all reasonable steps "to maintain the well-being of domestic tertiary students;" rather than requiring providers "to protect domestic tertiary students;"—that's a sensible change—amending new section 238I to limit the application of quality improvement notices to matters that are applicable by the code; amending new section 238M by introducing a limitation period for the dispute resolution scheme so that the student is required to lodge a dispute for resolution no later than seven years after the date of the act or omission on which the dispute is based; and amending new section 238T to introduce a defence of "without reasonable excuse" and making this provision clearer by removing the need for a breach of regulatory requirements and just referring to a breach of the applicable code. This bill is vital in improving the pastoral care of domestic tertiary students. It addresses the regulatory gaps that currently exist relating to the pastoral care of domestic students and it ensures that providers are going to have a consistent approach to maintaining the wellbeing of domestic tertiary students. Families and whānau have a right to feel assured that when their young people leave home and they are studying a long way away from home they're being provided with the best possible pastoral care in terms of safety and support services. I once again want to thank all members of the House for their cooperation on this bill and I commend it to the House."