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Queensland
HIGHER EDUCATION
(GENERAL PROVISIONS)
BILL 1993
Queensland
HIGHER EDUCATION (GENERAL
PROVISIONS) BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Minister may make inquiries to form certain opinions . . . . . . . . . . . . . . . . . 6
5 Establishment of universities in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Limitation on operation in Queensland of foreign universities . . . . . . . . . . 6
7 Limitation on use of "university" etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Limitation on conferring or using certain awards . . . . . . . . . . . . . . . . . . . . . 6
9 Universities as accrediting authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Minister as accrediting authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Copies of accreditation procedures and criteria to be made available . . . . 8
12 Minister may examine non-university provider's operations . . . . . . . . . . . . 8
13 Applications under s.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Decision on applications to be advised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Amendment or revocation to be advised . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Appeal against Minister's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19 Amendment of Education (General Provisions) Act 1989 . . . . . . . . . . . . . . 10
1993
A BILL
FOR
An Act to make provision in relation to the establishment of
universities and for the accreditation of courses that lead to
higher education awards proposed to be offered by other bodies
and institutions, and for related purposes
4
Higher Education (General Provisions)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
title 4
Short
This Act may be cited as the Higher Education (General 5
Clause1.
Provisions) Act 1993. 6
7
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 8
9
Definitions
In this Act-- 10
Clause3.
"accredit" includes re-accredit; 11
"advertise" means publish in any way, and includes publish-- 12
(a) in a newspaper or periodical; and 13
(b) by radio or television; and 14
(c) in a film or video recording; and 15
(d) by a notice, sign or circular; 16
"authorised" means-- 17
(a) accredited by the Minister under this Act; or 18
(b) authorised by, or accredited under, another Act; or 19
(c) authorised by, or accredited under, an Act of the Commonwealth, 20
another State or a Territory; or 21
(d) authorised by, or accredited under, the law of a foreign country; 22
or 23
(e) authorised or accredited by the authority in a foreign country that, 24
in the Minister's opinion, is the competent authority; 25
5
Higher Education (General Provisions)
"higher education" means education-- 1
(a) that is provided by a university; or 2
(b) that is provided by a non-university provider and-- 3
(i) is accredited by the Minister under this Act; or 4
(ii) is accredited or otherwise recognised under another Act, or 5
an Act of the Commonwealth, another State or a Territory, 6
as being higher education; or 7
(iii) is accredited or otherwise recognised under the law of a 8
foreign country as being higher education; or 9
(iv) is accredited or otherwise recognised as being higher 10
education by the authority in a foreign country that, in the 11
Minister's opinion, is the competent authority; 12
"higher education award" means-- 13
(a) a degree, status, title or description of bachelor, master or doctor; 14
or 15
(b) an award of postgraduate diploma or graduate certificate; or 16
(c) another award prescribed by regulation; 17
"non-university provider" means a person (other than a university) that 18
provides, or proposes to provide, a course of higher education; 19
"person" includes body and institution; 20
"university" means a higher education institution-- 21
(a) that is established as a university-- 22
(i) under an Act; or 23
(ii) under an Act of the Commonwealth, another State or a 24
Territory; or 25
(b) that is-- 26
(i) established in a foreign country; and 27
(ii) recognised as a university by the authority in the foreign 28
country that, in the Minister's opinion, is the competent 29
authority for the purpose. 30
6
Higher Education (General Provisions)
may make inquiries to form certain opinions 1
Minister
To enable the Minister to form the opinion mentioned in 2
Clause4.
paragraph (e) of the definition "authorised", paragraph (b)(iv) of the 3
definition "higher education", or paragraph (b)(ii) of the definition 4
"university", in section 3, the Minister may make the inquiries that the 5
Minister considers appropriate. 6
of universities in Queensland 7
Establishment
In determining whether a higher education institution should be 8
Clause5.
established as a university in Queensland under an Act, the Minister must 9
have regard to the regulations. 10
on operation in Queensland of foreign universities 11
Limitation
A university mentioned in paragraph (b) of the definition 12
Clause6.(1)
"university" in section 3 must not operate, or purport to operate, in 13
Queensland as a university, or part of a university, without the Minister's 14
approval. 15
(2) Approval mentioned in subsection (1) may be given only if the 16
Minister is satisfied that the university complies with the regulations. 17
on use of "university" etc. 18
Limitation
Unless an institution, facility, school, college or other place that 19
Clause7.
offers, or purports to offer, higher education is established as, or recognised 20
as being, a university or part of a university, a person must not give to it the 21
title `university', `university college' or a like title (whether any of those 22
titles is given alone or in combination with other titles). 23
Maximum penalty--200 penalty units. 24
on conferring or using certain awards 25
Limitation
A non-university provider, or a person who purports to be a 26
Clause8.(1)
non-university provider, must not confer, or hold out that the provider or 27
person is competent to confer, a higher education award unless the provider 28
or person is authorised to confer the award. 29
7
Higher Education (General Provisions)
Maximum penalty--200 penalty units. 1
(2) A non-university provider, or a person who purports to be a 2
non-university provider, must not send, exhibit, print or advertise a 3
document that is likely, or is intended by the provider or person, to induce 4
the belief that the provider or person, in Queensland or elsewhere-- 5
(a) will confer a higher education award; or 6
(b) undertakes to confer a higher education award; or 7
(c) holds out that the provider or person is competent to confer a 8
higher education award; 9
unless the provider or person is authorised to confer the award. 10
Maximum penalty--200 penalty units. 11
(3) A person, with a view to obtaining an advantage or benefit for the 12
person or another person, must not-- 13
(a) use, or attempt to use, a higher education award; or 14
(b) induce, or attempt to induce, the belief that the person has a higher 15
education award; 16
unless the award was conferred on the person by-- 17
(c) a university; or 18
(d) a non-university provider that was authorised to confer the award. 19
Maximum penalty--100 penalty units. 20
as accrediting authorities 21
Universities
Each university is the accrediting authority for courses that lead to 22
Clause9.
awards that it confers. 23
as accrediting authority 24
Minister
Clause10.(1) The Minister is the accrediting authority for courses leading to 25
higher education awards offered, or proposed to be offered, by 26
non-university providers. 27
(2) The Minister may accredit a course for a higher education award, or a 28
proposed higher education award, if the Minister is satisfied, following an 29
8
Higher Education (General Provisions)
assessment made in accordance with accreditation procedures and criteria 1
approved by the Minister, that the course, and the way of delivering it, are 2
appropriate to the type of the award. 3
(3) An accreditation by the Minister-- 4
(a) stays in force for the period that the Minister determines; and 5
(b) is subject to conditions that may be imposed by the Minister. 6
(4) The Minister may amend or revoke an accreditation under 7
subsection (2) if the Minister is satisfied, following a reassessment of the 8
accreditation made in accordance with the procedures and criteria mentioned 9
in subsection (2), that the course, or the way of delivering it, is no longer 10
appropriate to the type of the award. 11
of accreditation procedures and criteria to be made available 12
Copies
A person may request the chief executive of the department to 13
Clause11.(1)
give the person a copy of the procedures and criteria mentioned in 14
section 10(2). 15
(2) The chief executive must promptly comply with the request. 16
may examine non-university provider's operations 17
Minister
Clause12.(1) For the purpose mentioned in subsection (2), the Minister may 18
examine, or cause to be examined, the operation or proposed operation 19
(including financial arrangements) of a non-university provider. 20
(2) An examination mentioned in subsection (1) is for the purpose of 21
enabling the Minister to form an opinion about whether-- 22
(a) the standard of a course; and 23
(b) the way of delivering the course; and 24
(c) the ability (including financial ability) of the non-university 25
provider to deliver the course; 26
justify the course being accredited under section 10. 27
(3) If during the period for which a course has been accredited, the 28
Minister is satisfied on reasonable grounds that the matters mentioned in 29
subsection (2) may no longer justify the course's continued accreditation, 30
9
Higher Education (General Provisions)
the Minister may examine, or cause to be examined, the operation 1
(including financial arrangements) of the non-university provider 2
concerned. 3
under s.10 4
Applications
Application for accreditation under section 10 must be made in 5
Clause13.
accordance with the approved accreditation procedures mentioned in 6
section 10(2) and accompanied by the fees prescribed by regulation. 7
on applications to be advised 8
Decision
The Minister must advise an applicant for accreditation under 9
Clause14.(1)
section 10, in writing, of the Minister's decision on the application. 10
(2) The advice mentioned in subsection (1) must-- 11
(a) if the application is approved--specify the period of approval and 12
the conditions (if any) to which the approval is subject; or 13
(b) if the application is refused--give reasons for the decision. 14
or revocation to be advised 15
Amendment
Clause15. If an accreditation given under section 10 is amended or revoked, 16
the Minister must immediately-- 17
(a) advise the non-university provider, in writing, of the amendment 18
or revocation; and 19
(b) give the non-university provider written reasons for the 20
amendment or revocation. 21
against Minister's decision 22
Appeal
Clause16.(1) A person who is aggrieved by a decision of the Minister under 23
this Act may appeal against the decision to a District Court Judge. 24
(2) The appeal-- 25
(a) must be instituted-- 26
(i) within 28 days after the person receives notice of the 27
10
Higher Education (General Provisions)
decision; and 1
(ii) by filing a notice of appeal in the appropriate District Court 2
registry; and 3
(iii) by complying with rules of court applicable to the appeal; 4
and 5
(b) must be conducted in accordance with rules of court applicable to 6
the appeal or, if the rules make no provision or insufficient 7
provision, in accordance with directions of a District Court Judge; 8
and 9
(c) is by way of rehearing of the material before the Minister or, if 10
the Judge hearing the appeal orders, on material submitted on the 11
appeal, or on both. 12
(3) The Minister is a party to the appeal. 13
(4) On the appeal, the Judge may make the orders the Judge considers 14
just. 15
(5) In this section-- 16
"decision" includes a failure to make a decision. 17
report 18
Annual
As soon as practicable after the end of each financial year, the 19
Clause17.
Minister must prepare a report on the operation of this Act during the year 20
and cause a copy of the report to be tabled in the Legislative Assembly. 21
22
Regulations
The Governor in Council may make regulations for the purposes 23
Clause18.
of this Act. 24
of Education (General Provisions) Act 1989 25
Amendment
The Education (General Provisions) Act 1989 is amended as 26
Clause19.(1)
set out in this section. 27
(2) Part 7-- 28
11
Higher Education (General Provisions)
omit. 1
2
© State of Queensland 1993
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