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Queensland
HIGHER EDUCATION
(GENERAL PROVISIONS)
BILL 2003
Queensland
HIGHER EDUCATION (GENERAL
PROVISIONS) BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Interpretation
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 3--Objects
5 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--ESTABLISHMENT OF, OR RECOGNITION AS,
UNIVERSITY
Division 1--Application for Minister's approval
6 Procedural requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Referral of application to committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Public notification of application
8 Public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Description statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Right to make submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Acceptance of submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Recommendation by committee
12 Consideration by committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Further information or document to support application . . . . . . . . . . . . . . . 12
14 Report by committee about application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Representations about any condition recommended by committee . . . . . . . 13
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Higher Education (General Provisions) Bill 2003
Division 4--Decision of Minister
16 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 5--Review of university's operation
19 Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 3--OVERSEAS HIGHER EDUCATION INSTITUTIONS
Division 1--Interpretation
20 Definitions for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Meaning of "operational plan" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Preliminary
22 Limitation on operation of overseas higher education institution . . . . . . . . . 16
23 Operational plan to be available for inspection . . . . . . . . . . . . . . . . . . . . . . . 16
Division 3--Applications for approval
24 Procedural requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Term of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Approval of operational plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
29 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4--Renewal of approvals
30 Applications for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
31 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Term of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 Approval of operational plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
35 Approval taken to be in force while application is considered ....... 20
Division 5--Cancellation of approvals
36 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
38 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
39 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 22
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Higher Education (General Provisions) Bill 2003
40 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 6--Change in key details
41 Application to change key detail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
42 Decision of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
43 Recording change of key detail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 7--Other provisions
44 Conferring of higher education award by overseas higher education
institution etc. ........................................... 24
PART 4--NONUNIVERSITY PROVIDERS
Division 1--Preliminary
45 Limitation on operation of non-university provider . . . . . . . . . . . . . . . . . . . 25
Division 2--Applications for accreditation
46 Procedural requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
47 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
48 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
49 Term of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
50 Standard conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
51 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--Cancellation of accreditations
52 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
53 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
54 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
55 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 28
56 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 4--Changing conditions of accreditations
57 Changing conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 5--Other provisions
58 Conferring of higher education award by non-university provider etc. . . . . 30
59 Course survey data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
60 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 5--INTERSTATE UNIVERSITIES
Division 1--Preliminary
61 Limitation on operation of interstate university . . . . . . . . . . . . . . . . . . . . . . 31
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Higher Education (General Provisions) Bill 2003
Division 2--Applications for approval
62 Procedural requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
63 Automatic grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
64 Standard conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3--Cancellation of approvals
65 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
66 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
67 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
68 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 34
69 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 4--Imposition of conditions on approvals
70 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 5--Other provisions
71 Conferring of higher education award by interstate university etc. . . . . . . . 35
PART 6--APPEALS
72 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
73 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
74 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
75 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 7--EVIDENCE AND LEGAL PROCEEDINGS
Division 1--Evidence
76 Evidentiary aids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 2--Proceedings
77 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
78 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 39
79 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 39
PART 8--REGISTER
80 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
81 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 9--MISCELLANEOUS
82 Use of restricted title etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
83 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Higher Education (General Provisions) Bill 2003
84 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
85 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
86 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
87 Failure to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
88 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
89 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 10--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
90 Repeal of Higher Education (General Provisions) Act 1993. . . . . . . . . . . . . 45
Division 2--Transitional provisions
91 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
92 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
93 Existing proposal to be established or recognised as university in
Queensland ............................................. 45
94 Continuation of approval for foreign institution to operate as a university. . 46
95 Existing application for approval for foreign institution to operate
as a university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
96 Course accredited under s 10(2) of repealed Act . . . . . . . . . . . . . . . . . . . . . 47
97 Existing application for accreditation of course under s 10(2) of
repealed Act ............................................ 47
98 Non-application of certain provisions to interstate non-university provider. 48
99 Non-application of certain provisions to interstate university. . . . . . . . . . . . 48
100 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
101 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 11--AMENDMENT OF ACTS
102 Consequential and other amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . 50
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 51
CONSEQUENTIAL AND OTHER AMENDMENTS OF ACTS
CENTRAL QUEENSLAND UNIVERSITY ACT 1998 . . . . . . . . . . . . . . . 51
DENTAL PRACTITIONERS REGISTRATION ACT 2001 . . . . . . . . . . . . 51
GRIFFITH UNIVERSITY ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
JAMES COOK UNIVERSITY ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . 52
MEDICAL PRACTITIONERS REGISTRATION ACT 2001 . . . . . . . . . . . 52
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Higher Education (General Provisions) Bill 2003
QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 1998 . . . . . . . . 54
UNIVERSITY OF QUEENSLAND ACT 1998 . . . . . . . . . . . . . . . . . . . . . . 54
UNIVERSITY OF SOUTHERN QUEENSLAND ACT 1998 . . . . . . . . . . . 54
UNIVERSITY OF THE SUNSHINE COAST ACT 1998 . . . . . . . . . . . . . . 55
VETERINARY SURGEONS ACT 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 56
DICTIONARY
2003
A BILL
FOR
An Act to provide for the approval of the establishment or recognition
of universities, approval of the operation of overseas higher
education institutions or interstate universities, accreditation of
courses offered by non-university providers, and for other
purposes
s1 8 s5
Higher Education (General Provisions) Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Higher Education (General Provisions) 5
Act 2003. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
3 Act binds all persons 9
(1) This Act binds all persons, including the State, and, as far as the 10
legislative power of the Parliament permits, the Commonwealth and the 11
other States. 12
(2) Nothing in this Act makes the Commonwealth or a State liable to be 13
prosecuted for an offence. 14
Division 2--Interpretation 15
4 Definitions 16
The dictionary in schedule 2 defines particular words used in this Act. 17
Division 3--Objects 18
5 Objects of Act 19
(1) The objects of this Act are-- 20
s6 9 s6
Higher Education (General Provisions) Bill 2003
(a) to uphold the standards of education delivered by higher 1
education institutions operating in Queensland; and 2
(b) to maintain public confidence in the higher education sector in 3
the State. 4
(2) The objects are to be achieved mainly by-- 5
(a) establishing a process for the establishment or recognition of a 6
university in the State; and 7
(b) providing for the approval of the operation of overseas higher 8
education institutions in Queensland; and 9
(c) providing for the accreditation of higher education courses 10
proposed to be offered by non-university providers; and 11
(d) providing for the approval of the operation of interstate 12
universities, under an agency arrangement, in Queensland; and 13
(e) limiting the use of a title that consists of, or includes, the word 14
`university'. 15
PART 2--ESTABLISHMENT OF, OR RECOGNITION AS, 16
UNIVERSITY 17
Division 1--Application for Minister's approval 18
6 Procedural requirements for application 19
(1) The governing body of a higher education institution may apply for 20
the Minister's approval that the institution is suitable to be established or 21
recognised, under an Act, as a university in Queensland. 22
(2) The application must-- 23
(a) be made to the Minister; and 24
(b) be in writing; and 25
(c) be accompanied by the fee prescribed under a regulation. 26
s7 10 s8
Higher Education (General Provisions) Bill 2003
7 Referral of application to committee 1
(1) After receiving an application under section 6, the Minister must 2
establish a committee and refer the application to it for its consideration. 3
(2) The committee must consist of at least 3 persons appointed by the 4
Minister. 5
(3) The Minister may appoint a person to be a member of the committee 6
only if the Minister is satisfied the person has substantial knowledge and 7
experience of-- 8
(a) academic affairs; or 9
(b) university management; or 10
(c) the design, development and delivery of higher education 11
courses; or 12
(d) business management. 13
Division 2--Public notification of application 14
8 Public notification 15
(1) As soon as practicable after the application is referred to the 16
committee under section 7, the committee must publish a notice about the 17
application in-- 18
(a) a newspaper circulating throughout Queensland; and 19
(b) any regional newspaper circulating generally in the region in 20
which the institution is located or proposed to be located. 21
(2) A notice published under subsection (1)(b) must be published on the 22
same day the notice is published under subsection (1)(a). 23
(3) The notice must state the following-- 24
(a) the name of the applicant; 25
(b) the institution's location or proposed location; 26
s9 11 s 11
Higher Education (General Provisions) Bill 2003
(c) where the description statement for the application may be 1
inspected;1 2
(d) that a copy of the description statement is posted on the 3
department's web site on the internet; 4
(e) that anyone may make a submission to the committee about the 5
application; 6
(f) the period (the "submission period") during which submissions 7
may be made; 8
(g) how to make a properly made submission; 9
(h) any other matter prescribed under a regulation. 10
(4) The submission period must be at least 14 days after the publication 11
of the notice under subsection (1). 12
9 Description statement 13
(1) The committee must, as soon as practicable after the application is 14
referred to it, prepare a statement (the "description statement") giving a 15
brief description of the application. 16
(2) The committee must, without charge, allow a person to inspect the 17
description statement, during ordinary office hours, at the head office of the 18
department. 19
(3) Also, the chief executive must keep a copy of the description 20
statement posted on the department's web site on the internet.2 21
10 Right to make submission 22
A person may, within the submission period, make a submission to the 23
committee about the application. 24
11 Acceptance of submission 25
(1) The committee must accept a submission, made under section 10, if 26
it-- 27
1 See section 9 (Description statement).
2 The department's web site address on the internet is www.education.qld.gov.au
s 12 12 s 14
Higher Education (General Provisions) Bill 2003
(a) is written; and 1
(b) is signed by or for each person ("signatory") who made the 2
submission; and 3
(c) states the name and address of each signatory; and 4
(d) is made to the committee; and 5
(e) is received on or before the last day of the submission period. 6
(2) A submission complying with subsection (1) is called a "properly 7
made submission". 8
(3) The committee may accept a written submission even if it is not a 9
properly made submission. 10
Division 3--Recommendation by committee 11
12 Consideration by committee 12
(1) The committee must consider whether the institution will comply 13
with the relevant criteria mentioned in the national protocols on its 14
establishment or recognition, under an Act, as a university in Queensland. 15
(2) In its consideration, the committee is not restricted to the information 16
contained in the application. 17
13 Further information or document to support application 18
(1) The committee may, by notice given to the applicant, require the 19
applicant to give the committee within a reasonable time of at least 14 days 20
stated in the notice further information or a document the committee 21
reasonably requires to make its recommendation on the application. 22
(2) The applicant is taken to have withdrawn the application if within the 23
stated time the applicant does not comply with the requirement. 24
14 Report by committee about application 25
(1) After completion of its consideration of the application, the 26
committee must-- 27
(a) give the Minister a written report on the application; and 28
(b) give the applicant a copy of the report. 29
s 15 13 s 16
Higher Education (General Provisions) Bill 2003
(2) The report must contain-- 1
(a) the committee's recommendation about whether the Minister 2
should grant the application; and 3
(b) if the committee recommends that the Minister grant the 4
application--any recommendation by the committee that the 5
Minister impose a condition on the approval. 6
(3) In this section-- 7
"recommendation" includes reasons for the recommendation. 8
15 Representations about any condition recommended by committee 9
(1) This section applies if the committee recommends that the Minister 10
grant the application and impose a condition on the approval. 11
(2) The applicant may make written representations to the Minister about 12
the condition within 14 days after the applicant is given a copy of the 13
committee's report on the application. 14
Division 4--Decision of Minister 15
16 Decision on application 16
(1) The Minister must consider the application and either grant, or refuse 17
to grant, the application. 18
(2) When considering the application, the Minister must have regard to 19
the committee's report on the application. 20
(3) The Minister is not bound by any recommendation contained in the 21
report. 22
(4) The Minister may grant the application only if the Minister is 23
satisfied the institution will comply with the relevant criteria mentioned in 24
the national protocols on its establishment or recognition, under an Act, as 25
a university in Queensland. 26
(5) If the Minister decides to grant the application, the Minister must as 27
soon as practicable give the applicant notice of the decision. 28
(6) If the Minister decides to refuse to grant the application, the Minister 29
must as soon as practicable give the applicant an information notice about 30
the decision. 31
s 17 14 s 19
Higher Education (General Provisions) Bill 2003
(7) If the Minister fails to decide the application within 1 year after its 1
receipt, the Minister is taken to have decided to refuse to grant the 2
application. 3
(8) Subsection (7) is subject to section 17. 4
17 Further consideration of application 5
(1) This section applies if the Minister considers further time is needed 6
to make a decision on the application because of the complexity of the 7
matters that need to be considered in deciding the application. 8
(2) The applicant and Minister may at any time before the final 9
consideration day agree in writing on a day (the "agreed extended day") 10
by which the decision is to be made. 11
(3) If the Minister fails to make the decision by the agreed extended day, 12
the Minister is taken to have decided to refuse to grant the application. 13
(4) In this section-- 14
"final consideration day" means the day that is 1 year after the 15
application was received by the Minister. 16
18 Imposition of conditions 17
(1) The Minister may, in granting the application, decide to impose 18
conditions on the approval that are relevant and reasonable. 19
(2) If the Minister decides to impose conditions on the approval, the 20
Minister must as soon as practicable give the applicant an information 21
notice about the decision. 22
Division 5--Review of university's operation 23
19 Review 24
(1) The Minister may, after the fifth anniversary of the establishment or 25
recognition under an Act of a university, review the university's operation. 26
(2) The review must involve a consideration of whether the university is 27
complying with the relevant criteria mentioned in the national protocols. 28
s 20 15 s 21
Higher Education (General Provisions) Bill 2003
PART 3--OVERSEAS HIGHER EDUCATION 1
INSTITUTIONS 2
Division 1--Interpretation 3
20 Definitions for pt 3 4
In this part-- 5
"change day" see section 42(3)(b). 6
"change notice" see section 42(3). 7
"key details" see section 21(2). 8
"operate", an overseas higher education institution in Queensland, 9
includes operate the institution in Queensland by electronic 10
communication. 11
"operational plan" see section 21(1). 12
21 Meaning of "operational plan" 13
(1) An "operational plan", for an overseas higher education institution, 14
means a document detailing the operation of the institution in Queensland 15
by reference to the relevant criteria mentioned in the national protocols. 16
(2) The plan must include details (the "key details") about each of the 17
following-- 18
(a) the accreditation, by the competent authority for the purpose in 19
the institution's country of establishment, of the course the 20
institution proposes to offer in Queensland; 21
(b) the institution's governing body; 22
(c) the premises where the institution is to operate in Queensland; 23
(d) the facilities and resources, for the operation, at the premises; 24
(e) if the course is to be delivered by an agent of the institution--the 25
name and address of the agent; 26
(f) the mode of delivery of education to be used in the operation; 27
(g) the learning outcomes of the course; 28
(h) the requirements of the course to achieve the learning outcomes; 29
s 22 16 s 24
Higher Education (General Provisions) Bill 2003
(i) the level and name of the award that may be attained on 1
successful completion of the course. 2
Division 2--Preliminary 3
22 Limitation on operation of overseas higher education institution 4
A person must not operate an overseas higher education institution in 5
Queensland unless the person has the Minister's approval under this part. 6
Maximum penalty--200 penalty units. 7
23 Operational plan to be available for inspection 8
The holder of an approval under this part must ensure a copy of the 9
operational plan for the institution the subject of the approval is available 10
for inspection, free of charge, by members of the public during ordinary 11
office hours at the premises at which the institution is approved to operate 12
in Queensland. 13
Division 3--Applications for approval 14
24 Procedural requirements for application 15
(1) The governing body of an overseas higher education institution may 16
apply for the Minister's approval to enable the institution to operate in 17
Queensland. 18
(2) The application must-- 19
(a) be made to the Minister; and 20
(b) be in writing; and 21
(c) be accompanied by-- 22
(i) the fee prescribed under a regulation; and 23
(ii) the proposed operational plan for the institution. 24
s 25 17 s 26
Higher Education (General Provisions) Bill 2003
25 Decision on application 1
(1) The Minister must consider the application and either grant, or refuse 2
to grant, the application. 3
(2) The Minister may grant the application only if the Minister is 4
satisfied the institution complies with the relevant criteria mentioned in the 5
national protocols. 6
(3) In deciding the application, the Minister may examine the proposed 7
operation of the institution in Queensland. 8
(4) If the Minister decides to grant the application, the Minister must as 9
soon as practicable give the applicant notice of the decision. 10
(5) If the Minister decides to refuse to grant the application, the Minister 11
must as soon as practicable give the applicant an information notice about 12
the decision. 13
(6) If the Minister fails to decide the application within 1 year after its 14
receipt, the Minister is taken to have decided to refuse to grant the 15
application. 16
(7) Subsection (6) is subject to section 26. 17
26 Further consideration of application 18
(1) This section applies if the Minister considers further time is needed 19
to make a decision on the application because of the complexity of the 20
matters that need to be considered in deciding the application. 21
(2) The applicant and Minister may at any time before the final 22
consideration day agree in writing on a day (the "agreed extended day") 23
by which the decision is to be made. 24
(3) If the Minister fails to make the decision by the agreed extended day, 25
the Minister is taken to have decided to refuse to grant the application. 26
(4) In this section-- 27
"final consideration day" means the day that is 1 year after the 28
application was received by the Minister. 29
s 27 18 s 30
Higher Education (General Provisions) Bill 2003
27 Term of approval 1
An approval under section 25 remains in force for the term, not more 2
than 5 years, stated in the notice given to the applicant for the approval 3
under section 25(4). 4
28 Approval of operational plan 5
(1) This section applies if the Minister gives an approval under 6
section 25 for an overseas higher education institution. 7
(2) The Minister is taken to have approved the operational plan, for the 8
institution, identified in the notice given to the applicant for the approval 9
under section 25(4). 10
(3) The Minister must endorse the plan with the Minister's written 11
approval and give the endorsed plan to the applicant. 12
29 Imposition of conditions 13
(1) The Minister may, in granting the application, decide to impose 14
conditions on the approval that are relevant and reasonable. 15
(2) If the Minister decides to impose conditions on the approval, the 16
Minister must as soon as practicable give the applicant an information 17
notice about the decision. 18
Division 4--Renewal of approvals 19
30 Applications for renewal 20
(1) The holder of an approval under this part may apply to the Minister 21
for the renewal of the approval within the period starting 1 year, and ending 22
9 months, before the term of the approval ends. 23
(2) The application must-- 24
(a) be in writing; and 25
(b) be accompanied by-- 26
(i) the fee prescribed under a regulation; and 27
s 31 19 s 31
Higher Education (General Provisions) Bill 2003
(ii) a proposed operational plan, for the institution the subject of 1
the approval, that is to apply if the Minister decides to renew 2
the approval. 3
(3) The Minister must consider the application and decide to renew, or 4
refuse to renew, the approval. 5
(4) In deciding the application, the Minister may examine the operation 6
of the institution in Queensland. 7
(5) The Minister may decide to renew the approval only if the Minister is 8
satisfied the institution is complying with the relevant criteria mentioned in 9
the national protocols. 10
(6) If the Minister decides to renew the approval, the Minister must as 11
soon as practicable give the applicant notice of the decision. 12
(7) If the Minister decides to refuse to renew the approval, the Minister 13
must as soon as practicable give the applicant an information notice about 14
the decision. 15
(8) If the Minister fails to decide the application within 1 year after its 16
receipt, the Minister is taken to have decided to refuse to renew the 17
approval. 18
(9) Subsection (8) is subject to section 31. 19
31 Further consideration of application 20
(1) This section applies if the Minister considers further time is needed 21
to make a decision on the application because of the complexity of the 22
matters that need to be considered in deciding the application. 23
(2) The applicant and Minister may at any time before the final 24
consideration day agree in writing on a day (the "agreed extended day") 25
by which the decision is to be made. 26
(3) If the Minister fails to make the decision by the agreed extended day, 27
the Minister is taken to have decided to refuse to renew the approval. 28
(4) In this section-- 29
"final consideration day" means the day that is 1 year after the 30
application was received by the Minister. 31
s 32 20 s 35
Higher Education (General Provisions) Bill 2003
32 Term of approval 1
An approval renewed under section 30 remains in force for the term, not 2
more than 5 years, stated in the notice given to the applicant for the renewal 3
under section 30(6). 4
33 Approval of operational plan 5
(1) This section applies if the Minister renews an approval under 6
section 30 for an overseas higher education institution. 7
(2) The Minister is taken to have approved the operational plan, for the 8
institution, identified in the notice given to the applicant for the renewal 9
under section 30(6). 10
(3) The Minister must endorse the plan with the Minister's written 11
approval and give the endorsed plan to the applicant. 12
34 Imposition of conditions 13
(1) The Minister may, in renewing the approval, decide to impose 14
conditions on the approval that are relevant and reasonable. 15
(2) If the Minister decides to renew the approval on conditions, the 16
Minister must as soon as practicable give the applicant an information 17
notice about the decision. 18
(3) In this section-- 19
"impose", a condition, includes change or confirm the condition. 20
35 Approval taken to be in force while application is considered 21
(1) If an application is made under section 30, the applicant's approval 22
under this part is taken to continue in force from the day that it would, apart 23
from this section, have expired until-- 24
(a) if the Minister decides to renew the approval--the day a notice 25
about the decision is given to the applicant under section 30(6); 26
or 27
(b) if the Minister decides to refuse to renew the approval-- 28
(i) the last day to appeal against the decision; or 29
s 36 21 s 37
Higher Education (General Provisions) Bill 2003
(ii) if an appeal is instituted against the decision--the day the 1
appeal is decided. 2
(2) Subsection (1) does not apply if the approval is earlier cancelled. 3
Division 5--Cancellation of approvals 4
36 Grounds for cancellation 5
Each of the following is a ground for cancelling an approval under this 6
part-- 7
(a) the institution the subject of the approval is not complying, or has 8
not complied, with the relevant criteria mentioned in the national 9
protocols; 10
(b) the holder of the approval has contravened a condition of the 11
approval; 12
(c) there has been a change, without the Minister's approval under 13
section 42, in a key detail mentioned in the institution's 14
operational plan. 15
37 Show cause notice 16
(1) If the Minister reasonably believes a ground exists to cancel an 17
approval under this part, the Minister must give the holder of the approval a 18
notice under this section (a "show cause notice"). 19
(2) The show cause notice must state the following-- 20
(a) the action (the "proposed action") the Minister proposes taking 21
under this division; 22
(b) the ground for the proposed action; 23
(c) an outline of the facts and circumstances forming the basis for 24
the ground; 25
(d) an invitation to the holder to show within a stated period (the 26
"show cause period") why the proposed action should not be 27
taken. 28
(3) The show cause period must be a period ending at least 30 days after 29
the show cause notice is given to the holder. 30
s 38 22 s 40
Higher Education (General Provisions) Bill 2003
38 Representations about show cause notice 1
(1) The holder may make written representations about the show cause 2
notice to the Minister in the show cause period. 3
(2) The Minister must consider all written representations (the 4
"accepted representations") made under subsection (1). 5
39 Ending show cause process without further action 6
If, after considering the accepted representations for the show cause 7
notice, the Minister no longer believes the ground exists to cancel the 8
approval, the Minister-- 9
(a) must not take further action about the show cause notice; and 10
(b) must, as soon as practicable, give notice to the holder that no 11
further action will be taken about the show cause notice. 12
40 Cancellation 13
(1) This section applies if, after considering the accepted representations 14
for the show cause notice, the Minister-- 15
(a) still believes the ground exists to cancel the approval; and 16
(b) believes cancellation of the approval is warranted. 17
(2) This section also applies if there are no accepted representations for 18
the show cause notice. 19
(3) The Minister may decide to cancel the approval. 20
(4) The Minister must, as soon as practicable, give an information notice 21
about the decision to the holder. 22
(5) The decision does not take effect until-- 23
(a) the last day to appeal against the decision; or 24
(b) if an appeal is instituted against the decision--the day the appeal 25
is decided. 26
s 41 23 s 42
Higher Education (General Provisions) Bill 2003
Division 6--Change in key details 1
41 Application to change key detail 2
(1) The holder of an approval under this part may apply to the Minister 3
to change a key detail mentioned in the operational plan for the institution 4
the subject of the approval. 5
(2) However, if the change concerns a key detail of the type mentioned in 6
section 21(2)(d) or (h), the application is only required to be made if the 7
change will have the effect of-- 8
(a) changing the learning outcomes for the course offered by the 9
institution under the approval; or 10
(b) adversely affecting the institution's ability to deliver the learning 11
outcomes. 12
(3) The application must-- 13
(a) be in writing; and 14
(b) be accompanied by the fee, if any, prescribed under a regulation. 15
42 Decision of Minister 16
(1) The Minister must consider the application and either grant, or refuse 17
to grant, the application. 18
(2) The Minister may decide to grant the application only if the Minister 19
is satisfied, after the change is effected, the institution will comply with the 20
relevant criteria mentioned in the national protocols. 21
(3) If the Minister decides to grant the application, the Minister must as 22
soon as practicable give the applicant a notice (a "change notice") 23
stating-- 24
(a) the decision; and 25
(b) the day (the "change day") by which the change must be 26
effected. 27
(4) If the Minister decides to refuse to grant the application, the Minister 28
must as soon as practicable give the applicant an information notice about 29
the decision. 30
s 43 24 s 44
Higher Education (General Provisions) Bill 2003
(5) If the Minister fails to decide the application within 6 months after its 1
receipt, the Minister is taken to have decided to refuse to grant the 2
application. 3
43 Recording change of key detail 4
(1) This section applies if the holder of an approval under this part 5
receives a change notice about a change in a key detail mentioned in the 6
operational plan for the institution the subject of the approval. 7
(2) The holder must return the plan to the Minister within 14 days after 8
receiving the notice. 9
(3) The returned plan must incorporate the change and state the change 10
day for the change. 11
(4) On receiving the plan under subsection (2), the Minister must 12
endorse the plan with the Minister's written approval and give the endorsed 13
plan to the holder. 14
Division 7--Other provisions 15
44 Conferring of higher education award by overseas higher 16
education institution etc. 17
(1) An overseas higher education institution must not confer, or hold out 18
that the institution is authorised to confer, a higher education award unless 19
the institution is approved, under this part, to offer the course leading to the 20
award. 21
Maximum penalty--200 penalty units. 22
(2) A person must not hold out that an overseas higher education 23
institution is authorised to confer a higher education award unless the 24
institution is approved, under this part, to offer the course leading to the 25
award. 26
Maximum penalty--200 penalty units. 27
s 45 25 s 47
Higher Education (General Provisions) Bill 2003
PART 4--NONUNIVERSITY PROVIDERS 1
Division 1--Preliminary 2
45 Limitation on operation of non-university provider 3
A non-university provider must not offer a higher education course 4
unless the course is an accredited course. 5
Maximum penalty--200 penalty units. 6
Division 2--Applications for accreditation 7
46 Procedural requirements for application 8
(1) The governing body of a non-university provider may apply for 9
accreditation of a higher education course proposed to be offered by the 10
provider. 11
(2) The application must-- 12
(a) be made to the Minister; and 13
(b) be in writing; and 14
(c) be accompanied by the fee prescribed under a regulation. 15
47 Decision on application 16
(1) The Minister must consider the application and either grant, or refuse 17
to grant, the application. 18
(2) The Minister may grant the application only if the Minister is 19
satisfied, having regard to the relevant criteria mentioned in the national 20
protocols, that the course and the way of delivering it are appropriate to the 21
type of the award to which the course leads. 22
(3) In deciding the application, the Minister may examine the operation, 23
or proposed operation, of the provider for the course. 24
(4) If the Minister decides to grant the application, the Minister must as 25
soon as practicable give the applicant notice of the decision. 26
s 48 26 s 50
Higher Education (General Provisions) Bill 2003
(5) If the Minister decides to refuse to grant the application, the Minister 1
must as soon as practicable give the applicant an information notice about 2
the decision. 3
(6) If the Minister fails to decide the application within 1 year after its 4
receipt, the Minister is taken to have decided to refuse to grant the 5
application. 6
(7) Subsection (6) is subject to section 48. 7
48 Further consideration of application 8
(1) This section applies if the Minister considers further time is needed 9
to make a decision on the application because of the complexity of the 10
matters that need to be considered in deciding the application. 11
(2) The applicant and Minister may at any time before the final 12
consideration day agree in writing on a day (the "agreed extended day") 13
by which the decision is to be made. 14
(3) If the Minister fails to make the decision by the agreed extended day, 15
the Minister is taken to have decided to refuse to grant the application. 16
(4) In this section-- 17
"final consideration day" means the day that is 1 year after the 18
application was received by the Minister. 19
49 Term of accreditation 20
The accreditation of an accredited course remains in force for the term, 21
not more than 5 years, stated in the notice given to the applicant for the 22
accreditation under section 47(4). 23
50 Standard conditions 24
It is a condition of the accreditation of an accredited course that the 25
governing body of the non-university provider offering the course-- 26
(a) allows the Minister to enter, at any reasonable time, a place to 27
examine the provider's operation for the course at the place; and 28
(b) complies with all reasonable requests by the Minister to give the 29
Minister information or records (or a copy of the records) the 30
governing body is keeping, or has control of, that are appropriate; 31
s 51 27 s 53
Higher Education (General Provisions) Bill 2003
for the purpose of the Minister considering whether, having regard to the 1
relevant criteria mentioned in the national protocols, the course and the 2
way of delivering it are appropriate to the type of the award to which the 3
course leads. 4
51 Imposition of conditions 5
(1) The Minister may, in granting the application, decide to impose 6
conditions on the accreditation that are relevant and reasonable. 7
(2) If the Minister decides to impose conditions on the accreditation, the 8
Minister must as soon as practicable give the applicant an information 9
notice about the decision. 10
Division 3--Cancellation of accreditations 11
52 Grounds for cancellation 12
Each of the following is a ground for cancelling the accreditation of an 13
accredited course-- 14
(a) having regard to the relevant criteria mentioned in the national 15
protocols, the course and the way of delivering it are no longer 16
appropriate to the type of the award to which the course leads; 17
(b) the holder of the accreditation has contravened a condition of the 18
accreditation; 19
(c) the holder of the accreditation does not provide an annual report 20
for the course under section 60. 21
53 Show cause notice 22
(1) If the Minister reasonably believes a ground exists to cancel the 23
accreditation of an accredited course, the Minister must give the holder of 24
the accreditation a notice under this section (a "show cause notice"). 25
(2) The show cause notice must state the following-- 26
(a) the action (the "proposed action") the Minister proposes taking 27
under this division; 28
(b) the ground for the proposed action; 29
s 54 28 s 56
Higher Education (General Provisions) Bill 2003
(c) an outline of the facts and circumstances forming the basis for 1
the ground; 2
(d) an invitation to the holder to show within a stated period (the 3
"show cause period") why the proposed action should not be 4
taken. 5
(3) The show cause period must be a period ending at least 30 days after 6
the show cause notice is given to the holder. 7
54 Representations about show cause notice 8
(1) The holder may make written representations about the show cause 9
notice to the Minister in the show cause period. 10
(2) The Minister must consider all written representations (the 11
"accepted representations") made under subsection (1). 12
55 Ending show cause process without further action 13
If, after considering the accepted representations for the show cause 14
notice, the Minister no longer believes the ground exists to cancel the 15
accreditation, the Minister-- 16
(a) must not take further action about the show cause notice; and 17
(b) must, as soon as practicable, give notice to the holder that no 18
further action will be taken about the show cause notice. 19
56 Cancellation 20
(1) This section applies if, after considering the accepted representations 21
for the show cause notice, the Minister-- 22
(a) still believes the ground exists to cancel the accreditation; and 23
(b) believes cancellation of the accreditation is warranted. 24
(2) This section also applies if there are no accepted representations for 25
the show cause notice. 26
(3) The Minister may decide to cancel the accreditation. 27
(4) The Minister must, as soon as practicable, give an information notice 28
about the decision to the holder. 29
(5) The decision does not take effect until-- 30
s 57 29 s 57
Higher Education (General Provisions) Bill 2003
(a) the last day to appeal against the decision; or 1
(b) if an appeal is instituted against the decision--the day the appeal 2
is decided. 3
Division 4--Changing conditions of accreditations 4
57 Changing conditions 5
(1) The Minister may change the conditions of the accreditation of an 6
accredited course imposed by the Minister if there is a reasonable basis to 7
make the change. 8
(2) Before deciding to change the conditions, the Minister must-- 9
(a) give notice to the holder of the accreditation-- 10
(i) of the particulars of the proposed change; and 11
(ii) that the holder may make written submissions to the 12
Minister about the proposed change within a reasonable 13
period of at least 21 days stated in the notice; and 14
(b) have regard to written submissions made to the Minister by the 15
holder before the end of the stated period. 16
(3) If the Minister decides to change the conditions, the Minister must as 17
soon as practicable give the holder an information notice about the 18
decision. 19
(4) The decision does not take effect until-- 20
(a) the last day to appeal against the decision; or 21
(b) if an appeal is instituted against the decision--the day the appeal 22
is decided. 23
(5) The power of the Minister under subsection (1) includes the power to 24
add conditions to the accreditation of an accredited course that is not 25
subject to conditions imposed by the Minister. 26
s 58 30 s 59
Higher Education (General Provisions) Bill 2003
Division 5--Other provisions 1
58 Conferring of higher education award by non-university provider 2
etc. 3
(1) A non-university provider must not confer, or hold out that the 4
provider is authorised to confer, a higher education award unless the course 5
leading to the award is an accredited course for the provider. 6
Maximum penalty--200 penalty units. 7
(2) A person must not hold out that a non-university provider is 8
authorised to confer a higher education award unless the course leading to 9
the award is an accredited course for the provider. 10
Maximum penalty--200 penalty units. 11
59 Course survey data 12
(1) A non-university provider offering an accredited course must in the 13
approved form give the Minister course survey data, for the course, relating 14
to the day prescribed under a regulation (the "relevant day"). 15
(2) The data must be given within 3 months after the relevant day. 16
(3) In this section-- 17
"course survey data", for an accredited course, means the following-- 18
(a) the number of full-time students undertaking the course; 19
(b) the number of part-time students undertaking the course; 20
(c) the modes of delivery of the course; 21
(d) the number of female students undertaking the course; 22
(e) the number of male students undertaking the course; 23
(f) the number of overseas students undertaking the course; 24
(g) the number of students who have reached each identifiable level 25
of study of the course; 26
(h) the broad field of education to which the course belongs; 27
(i) other details, about the course, prescribed under a regulation. 28
"overseas student" means a person who-- 29
(a) is not an Australian resident; or 30
s 60 31 s 62
Higher Education (General Provisions) Bill 2003
(b) holds a student visa issued under the Migration Act 1958 1
(Cwlth). 2
60 Annual report 3
(1) A non-university provider offering an accredited course must, on or 4
before 31 May in each year (the "reporting day"), give the Minister a 5
written report (an "annual report") for the period from the 1 January to 6
the 31 December immediately before the reporting day that complies with 7
subsection (2). 8
(2) For subsection (1), an annual report must contain information about 9
the course, and the way of delivering it, that will enable the Minister to 10
decide, having regard to the relevant criteria mentioned in the national 11
protocols, whether continued accreditation of the course is justified. 12
PART 5--INTERSTATE UNIVERSITIES 13
Division 1--Preliminary 14
61 Limitation on operation of interstate university 15
A person must not operate an interstate university, under an agency 16
arrangement, in Queensland unless the person has the Minister's approval 17
under section 63. 18
Maximum penalty--200 penalty units. 19
Division 2--Applications for approval 20
62 Procedural requirements for application 21
(1) The governing body of an interstate university may apply for the 22
Minister's approval to enable the university to operate, under an agency 23
arrangement, in Queensland. 24
(2) The application must-- 25
(a) be made to the Minister; and 26
s 63 32 s 64
Higher Education (General Provisions) Bill 2003
(b) be in writing; and 1
(c) be accompanied by-- 2
(i) details of the name and address of the agent under the 3
arrangement; and 4
(ii) details of the address of the delivery place under the 5
arrangement; and 6
(iii) a written undertaking by the governing body that it will 7
ensure the delivery of a higher education course, under the 8
arrangement, complies with the relevant criteria mentioned 9
in the national protocols. 10
63 Automatic grant of application 11
If the application strictly complies with section 62(2), the Minister must 12
as soon as practicable-- 13
(a) grant the application; and 14
(b) give the applicant notice that the application is granted. 15
64 Standard conditions 16
It is a condition of an approval under section 63 that the agent under the 17
relevant agency arrangement-- 18
(a) allows the Minister to enter, at any reasonable time, the delivery 19
place under the arrangement to inspect the place; and 20
(b) complies with all reasonable requests by the Minister to give the 21
Minister information or records (or a copy of the records) the 22
agent is keeping, or has control of, that are appropriate; 23
for the purpose of the Minister considering whether the delivery of a higher 24
education course, under the arrangement, complies with the relevant 25
criteria mentioned in the national protocols. 26
s 65 33 s 67
Higher Education (General Provisions) Bill 2003
Division 3--Cancellation of approvals 1
65 Grounds for cancellation 2
Each of the following is a ground for cancelling an approval under 3
section 63-- 4
(a) the delivery of a higher education course under the relevant 5
agency arrangement is not complying, or has not complied, with 6
the relevant criteria mentioned in the national protocols; 7
(b) there has been a contravention of a condition of the approval. 8
66 Show cause notice 9
(1) If the Minister reasonably believes a ground exists to cancel an 10
approval under section 63, the Minister must give the holder of the 11
approval a notice under this section (a "show cause notice"). 12
(2) The show cause notice must state the following-- 13
(a) the action (the "proposed action") the Minister proposes taking 14
under this division; 15
(b) the ground for the proposed action; 16
(c) an outline of the facts and circumstances forming the basis for 17
the ground; 18
(d) an invitation to the holder to show within a stated period (the 19
"show cause period") why the proposed action should not be 20
taken. 21
(3) The show cause period must be a period ending at least 30 days after 22
the show cause notice is given to the holder. 23
67 Representations about show cause notice 24
(1) The holder may make written representations about the show cause 25
notice to the Minister in the show cause period. 26
(2) The Minister must consider all written representations (the 27
"accepted representations") made under subsection (1). 28
s 68 34 s 70
Higher Education (General Provisions) Bill 2003
68 Ending show cause process without further action 1
If, after considering the accepted representations for the show cause 2
notice, the Minister no longer believes the ground exists to cancel the 3
approval, the Minister-- 4
(a) must not take further action about the show cause notice; and 5
(b) must, as soon as practicable, give notice to the holder that no 6
further action will be taken about the show cause notice. 7
69 Cancellation 8
(1) This section applies if, after considering the accepted representations 9
for the show cause notice, the Minister-- 10
(a) still believes the ground exists to cancel the approval; and 11
(b) believes cancellation of the approval is warranted. 12
(2) This section also applies if there are no accepted representations for 13
the show cause notice. 14
(3) The Minister may decide to cancel the approval. 15
(4) The Minister must as soon as practicable-- 16
(a) give the holder an information notice about the decision; and 17
(b) give the agent, under the relevant agency arrangement, a copy of 18
the information notice. 19
(5) The decision does not take effect until-- 20
(a) the last day to appeal against the decision; or 21
(b) if an appeal is instituted against the decision--the day the appeal 22
is decided. 23
Division 4--Imposition of conditions on approvals 24
70 Conditions 25
(1) The Minister may impose conditions on an approval under section 63 26
if there is a reasonable basis for the imposition. 27
(2) Before deciding to impose the conditions, the Minister must-- 28
(a) give notice to the holder of the approval-- 29
s 71 35 s 71
Higher Education (General Provisions) Bill 2003
(i) of the conditions and the basis for their proposed 1
imposition; and 2
(ii) that the holder may make written submissions to the 3
Minister about the conditions within a reasonable period of 4
at least 21 days stated in the notice; and 5
(b) have regard to written submissions made to the Minister by the 6
holder before the end of the stated period. 7
(3) If the Minister decides to impose the conditions, the Minister must as 8
soon as practicable give an information notice about the decision to the 9
holder. 10
(4) The decision does not take effect until-- 11
(a) the last day to appeal against the decision; or 12
(b) if an appeal is instituted against the decision--the day the appeal 13
is decided. 14
Division 5--Other provisions 15
71 Conferring of higher education award by interstate university etc. 16
(1) An interstate university operating in Queensland under an agency 17
arrangement must not confer, or hold out that the university is authorised to 18
confer, a higher education award unless the university is approved, under 19
section 63, to offer the course leading to the award. 20
Maximum penalty--200 penalty units. 21
(2) A person must not hold out that an interstate university operating in 22
Queensland under an agency arrangement is authorised to confer a higher 23
education award unless the university is approved, under section 63, to 24
offer the course leading to the award. 25
Maximum penalty--200 penalty units. 26
s 72 36 s 74
Higher Education (General Provisions) Bill 2003
PART 6--APPEALS 1
72 Who may appeal 2
A person (the "appellant") who is given, or is entitled to be given, an 3
information notice for a decision (the "original decision") may appeal 4
against the decision to the District Court.3 5
73 Starting appeals 6
(1) The appeal may be started at-- 7
(a) the District Court at the place where the appellant resides or 8
carries on business; or 9
(b) the District Court at Brisbane. 10
(2) Subsection (1) does not limit the District Court at which the appeal 11
may be started under the Uniform Civil Procedure Rules 1999. 12
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 13
must be filed with the registrar of the court within 28 days after-- 14
(a) if the appellant is given an information notice for the original 15
decision--the day the appellant is given the notice; or 16
(b) if paragraph (a) does not apply--the day the person otherwise 17
becomes aware of the original decision. 18
(4) The court may, at any time, extend the period for filing the notice of 19
appeal. 20
74 Hearing procedures 21
(1) In deciding the appeal, the court-- 22
(a) has the same powers as the Minister; and 23
(b) is not bound by the rules of evidence; and 24
(c) must comply with natural justice. 25
3 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 75 37 s 76
Higher Education (General Provisions) Bill 2003
(2) The appeal is by way of rehearing, unaffected by the original 1
decision, on the material before the Minister and any further evidence 2
allowed by the court. 3
75 Powers of court on appeal 4
(1) In deciding the appeal, the court may-- 5
(a) confirm the original decision; or 6
(b) amend the original decision; or 7
(c) substitute another decision for the original decision; or 8
(d) set aside the original decision and return the issue to the Minister 9
with the directions the court considers appropriate. 10
(2) In substituting another decision for the original decision, the court 11
has the same powers as the Minister. 12
13
Example--
14
If a non-university provider is unsuccessful in obtaining accreditation, under
15
section 47, of a course leading to a higher education award proposed to be offered by
16
the provider, the court may decide that the course be accredited on particular
17
conditions.
(3) If the court amends the original decision or substitutes another 18
decision for the original decision, the amended or substituted decision is, 19
for this Act (other than this part) taken to be the decision of the Minister. 20
PART 7--EVIDENCE AND LEGAL PROCEEDINGS 21
Division 1--Evidence 22
76 Evidentiary aids 23
(1) This section applies to a proceeding under this Act. 24
(2) A certificate purporting to be signed by the chief executive and 25
stating any of the following matters is evidence of the matter-- 26
(a) a stated document is one of the following things made, issued, 27
given or kept under this Act-- 28
s 77 38 s 77
Higher Education (General Provisions) Bill 2003
(i) an accreditation, approval or decision; 1
(ii) a notice; 2
(iii) a report; 3
(iv) the register, or an extract from the register; 4
(b) a stated document is an approved operational plan for an 5
overseas higher education institution; 6
(c) a stated document is a copy of a thing mentioned in paragraph (a) 7
or (b); 8
(d) an accreditation or approval issued or given under this Act-- 9
(i) was or was not issued or given for a stated term; or 10
(ii) was or was not in force on a stated day or during a stated 11
period; or 12
(iii) was or was not subject to a stated condition; 13
(e) on a stated day, an accreditation or approval issued or given 14
under this Act was cancelled; 15
(f) on a stated day, a stated person was given a stated notice under 16
this Act. 17
(3) A statement in a complaint for an offence against this Act that the 18
matter of the complaint came to the knowledge of the complainant on a 19
stated day is evidence of when the matter came to the complainant's 20
knowledge. 21
(4) In this section-- 22
"approved operational plan", for an overseas higher education 23
institution, means an operational plan for the institution approved by 24
the Minister, and includes the plan as changed under section 42. 25
Division 2--Proceedings 26
77 Summary proceedings for offences 27
(1) Proceedings for an offence against this Act must be taken in a 28
summary way under the Justices Act 1886. 29
(2) The proceeding must start-- 30
(a) within 1 year after the commission of the offence; or 31
s 78 39 s 79
Higher Education (General Provisions) Bill 2003
(b) within 6 months after the offence comes to the complainant's 1
knowledge, but within 2 years after the commission of the 2
offence. 3
78 Responsibility for acts or omissions of representatives 4
(1) This section applies in a proceeding for an offence against this Act. 5
(2) If it is relevant to prove a person's state of mind about a particular act 6
or omission, it is enough to show-- 7
(a) the act was done or omitted to be done by a representative of the 8
person within the scope of the representative's actual or apparent 9
authority; and 10
(b) the representative had the state of mind. 11
(3) An act done or omitted to be done for a person by a representative of 12
the person within the scope of the representative's actual or apparent 13
authority is taken to have been done or omitted to be done also by the 14
person, unless the person proves the person could not, by the exercise of 15
reasonable diligence, have prevented the act or omission. 16
(4) In this section-- 17
"representative" means-- 18
(a) for a corporation--an executive officer, employee or agent of the 19
corporation; or 20
(b) for an individual--an employee or agent of the individual. 21
"state of mind", of a person, includes-- 22
(a) the person's knowledge, intention, opinion, belief or purpose; 23
and 24
(b) the person's reasons for the intention, opinion, belief or purpose. 25
79 Executive officers must ensure corporation complies with Act 26
(1) The executive officers of a corporation must ensure the corporation 27
complies with this Act. 28
(2) If a corporation commits an offence against a provision of this Act, 29
each of the corporation's executive officers also commits an offence, 30
namely, the offence of failing to ensure the corporation complies with the 31
provision. 32
s 80 40 s 80
Higher Education (General Provisions) Bill 2003
Maximum penalty--the penalty for the contravention of the provision by 1
an individual. 2
(3) Evidence that the corporation has been convicted of an offence 3
against a provision of this Act is evidence that each of the executive 4
officers committed the offence of failing to ensure the corporation 5
complies with the provision. 6
(4) However, it is a defence for an executive officer to prove-- 7
(a) if the officer was in a position to influence the conduct of the 8
corporation in relation to the offence, the officer exercised 9
reasonable diligence to ensure the corporation complied with the 10
provision; or 11
(b) otherwise, the officer was not in a position to influence the 12
conduct of the corporation in relation to the offence. 13
PART 8--REGISTER 14
80 Register to be kept 15
(1) The Minister must keep a register about-- 16
(a) approvals under part 3;4 and 17
(b) accredited courses; and 18
(c) approvals under section 63. 19
(2) The register may be kept in the way the Minister considers 20
appropriate, including, for example, in an electronic form. 21
(3) The register must contain each of the following details for an 22
approval under part 3-- 23
(a) the name of the institution the subject of the approval; 24
(b) the name and address of the holder of the approval; 25
(c) the address of the premises at which the institution is approved to 26
operate in Queensland; 27
4 Part 3 (Overseas higher education institutions)
s 81 41 s 81
Higher Education (General Provisions) Bill 2003
(d) the title of the course the institution is authorised to offer in 1
Queensland under the approval; 2
(e) if the course is to be delivered by an agent of the institution--the 3
name and address of the agent; 4
(f) the last day of the term of the approval; 5
(g) any other details prescribed under a regulation. 6
(4) The register must contain the following details for an accredited 7
course-- 8
(a) the name of the course; 9
(b) the last day of the term of accreditation of the course; 10
(c) the name and address of the holder of the accreditation; 11
(d) any other details prescribed under a regulation. 12
(5) The register must contain the following details for an approval under 13
section 63-- 14
(a) the name of the university the subject of the approval; 15
(b) the name and address of the holder of the approval; 16
(c) the name and address of the agent under the relevant agency 17
arrangement; 18
(d) the address of the delivery place under the arrangement; 19
(e) the title of the higher education course the agent delivers in 20
Queensland on behalf of the university under the arrangement; 21
(f) any other details prescribed under a regulation. 22
81 Inspection of register 23
The Minister must-- 24
(a) keep the register open for inspection, on payment of the fee if 25
any prescribed under a regulation, at the head office of the 26
department by members of the public during ordinary office 27
hours; and 28
(b) give a person a copy of the register, or a part of it, on payment of 29
the fee prescribed under a regulation. 30
s 82 42 s 84
Higher Education (General Provisions) Bill 2003
PART 9--MISCELLANEOUS 1
82 Use of restricted title etc. 2
(1) A person must not, in relation to an educational institution, 3
educational facility, school, college or other place that delivers a course of 4
education, use a restricted title unless it is a university. 5
Maximum penalty--200 penalty units. 6
(2) A person must not hold out an educational institution, educational 7
facility, school, college or other place that delivers a course of education as 8
being a university unless it is a university. 9
Maximum penalty--200 penalty units. 10
(3) This section does not apply to the educational institution known as 11
`University of the Third Age'. 12
(4) In this section-- 13
"restricted title" means a title that consists of, or includes, the word 14
`university'. 15
83 Protection from liability 16
(1) The Minister does not incur civil liability for an act done, or omission 17
made, honestly and without negligence under this Act. 18
(2) If subsection (1) prevents a civil liability attaching to the Minister, 19
the liability attaches instead to the State. 20
84 Guidelines 21
(1) The Minister may issue guidelines for this Act. 22
(2) Without limiting subsection (1), a guideline may give guidance 23
about-- 24
(a) administrative matters relevant to applications under this Act; or 25
(b) how an applicant for an application under this Act should deal 26
with issues involved in the proper formulation of the application 27
or supporting material related to the application; or 28
(c) the type of information to be included in an annual report given 29
under section 60. 30
s 85 43 s 85
Higher Education (General Provisions) Bill 2003
(3) A guideline may be replaced or varied by a later guideline issued 1
under this section. 2
(4) The chief executive must keep a copy of a guideline, issued under 3
this section, available for inspection and permit a person-- 4
(a) to inspect the guideline without fee; and 5
(b) to take extracts from the guideline without fee. 6
(5) For subsection (4)-- 7
(a) a copy of the guideline-- 8
(i) must be kept at the head office of the department; and 9
(ii) may be kept at any other place the chief executive considers 10
appropriate; and 11
(b) the copy kept under paragraph (a) must be available for 12
inspection during office hours on business days for the office or 13
place. 14
(6) Also, the chief executive must keep a copy of a guideline, issued 15
under this section, available for supply to a person and permit a person to 16
obtain a copy of the guideline, or a part of the guideline, without fee. 17
(7) In addition, the chief executive must keep a copy of a guideline, 18
issued under this section, posted on the department's web site on the 19
internet.5 20
85 Delegation by Minister 21
(1) The Minister may delegate the Minister's powers under this Act to an 22
appropriately qualified person. 23
(2) In this section-- 24
"appropriately qualified" includes having the qualifications, experience 25
or standing appropriate to exercise the power. 26
27
Example of standing--
28
A person's classification level in the department.
5 The department's web site address on the internet is www.education.qld.gov.au
s 86 44 s 89
Higher Education (General Provisions) Bill 2003
86 Annual report 1
As soon as practicable after the end of each financial year, the Minister 2
must prepare a report about the operation of this Act during that year and 3
cause a copy of the report to be laid before the Legislative Assembly. 4
87 Failure to decide application 5
(1) This section applies if, under this Act, the Minister is taken to have 6
decided to refuse to grant an application. 7
(2) To remove doubt, it is declared the Minister must as soon as 8
practicable give the applicant an information notice about the decision. 9
88 Approval of forms 10
The Minister may approve forms for use under this Act. 11
89 Regulation-making power 12
(1) The Governor in Council may make regulations under this Act. 13
(2) Without limiting subsection (1), a regulation may be made about the 14
following-- 15
(a) fees for this Act, including-- 16
(i) fees for the examination by the Minister, under 17
section 25(3) or 30(4), of the operation or proposed 18
operation of an overseas higher education institution in 19
Queensland; and 20
(ii) fees for the examination by the Minister, under 21
section 47(3), of the operation or proposed operation by a 22
non-university provider for a higher education course; and 23
(iii) the refunding of fees; 24
(b) imposing a penalty of not more than 20 penalty units for a 25
contravention of a regulation. 26
s 90 45 s 93
Higher Education (General Provisions) Bill 2003
PART 10--REPEAL AND TRANSITIONAL PROVISIONS 1
Division 1--Repeal 2
90 Repeal of Higher Education (General Provisions) Act 1993 3
The Higher Education (General Provisions) Act 1993 No. 12 is repealed. 4
Division 2--Transitional provisions 5
91 Definitions for div 2 6
In this division-- 7
"commencement" means commencement of this section. 8
"repealed Act" means the Higher Education (General Provisions) 9
Act 1993. 10
92 References to repealed Act 11
In an Act or document, a reference to the repealed Act may, if the context 12
permits, be taken as a reference to this Act. 13
93 Existing proposal to be established or recognised as university in 14
Queensland 15
(1) A proposal made under the Higher Education (General Provisions) 16
Regulation 1996, part 36 and not decided before the commencement must 17
be decided under this Act. 18
(2) The proposal is taken to be an application made under section 6. 19
(3) Part 2, other than sections 6(2)(c) and 19, applies to the proposal.
7
20
6 Higher Education (General Provisions) Regulation 1996, part 3 (Establishment or
recognition of universities in Queensland)
7 Part 2 (Establishment of, or recognition as, university), sections 6 (Procedural
requirements for application) and 19 (Review)
s 94 46 s 95
Higher Education (General Provisions) Bill 2003
94 Continuation of approval for foreign institution to operate as a 1
university 2
(1) This section applies if, immediately before the commencement, an 3
institution held an approval (the "current approval") under section 68 of 4
the repealed Act. 5
(2) The current approval is taken to be an approval (the "continuing 6
approval") under section 25(2). 7
(3) If the current approval was, immediately before the commencement, 8
subject to a condition, the continuing approval is taken to be subject to the 9
condition. 10
(4) The continuing approval continues until the day that is 1 year after 11
the commencement. 12
(5) However, subsection (4) stops applying if the continuing approval is 13
cancelled. 14
(6) Section 239 does not apply to the holder of the continuing approval 15
until-- 16
(a) the end of the period mentioned in subsection (4); or 17
(b) if the holder of the continuing approval applies for its renewal 18
under section 30 and the application is not decided within the 19
period mentioned in subsection (4)--the end of the period 20
mentioned in section 35.10 21
95 Existing application for approval for foreign institution to operate 22
as a university 23
(1) An application for an approval made under the Higher Education 24
(General Provisions) Regulation 1996, part 411 and not decided before the 25
commencement must be decided under this Act. 26
(2) The application is taken to be an application for an approval made 27
under section 24. 28
8 Higher Education (General Provisions) Act 1993, section 6 (Limitation on operation
in Queensland of foreign universities)
9 Section 23 (Operational plan to be available for inspection)
10 Section 35 (Approval taken to be in force while application is considered)
11 Higher Education (General Provisions) Regulation 1996, part 4 (Foreign
universities in Queensland)
s 96 47 s 97
Higher Education (General Provisions) Bill 2003
(3) Part 3, division 3, other than sections 24(2)(c) and 28,12 applies to the 1
application. 2
(4) If the Minister grants the application, section 23 does not apply to the 3
holder of the approval during the term of the approval. 4
96 Course accredited under s 10(2) of repealed Act 5
(1) This section applies if a course was accredited under section 10(2) of 6
the repealed Act and the accreditation (the "current accreditation") has 7
not been cancelled before the commencement. 8
(2) The current accreditation is taken to be an accreditation of the course 9
(the "continuing accreditation") under section 47(2). 10
(3) If the current accreditation was, immediately before the 11
commencement, subject to a condition, the continuing accreditation is 12
taken to be subject to the condition. 13
(4) The continuing accreditation continues until the last day of the term 14
of the current accreditation. 15
(5) However, subsection (4) stops applying if the continuing 16
accreditation is cancelled. 17
97 Existing application for accreditation of course under s 10(2) of 18
repealed Act 19
(1) An application for accreditation of a course made under section 10(2) 20
of the repealed Act and not decided before the commencement must be 21
decided under this Act. 22
(2) The application is taken to be an application for accreditation of the 23
course made under section 46. 24
(3) Part 4, division 2, other than section 46(2)(c),13 applies to the 25
application. 26
12 Part 3 (Overseas higher education institutions), division 3 (Applications for
approval), sections 24 (Procedural requirements for application) and 28 (Approval
of operational plan)
13 Part 4 (Non-university providers), division 2 (Applications for accreditation),
section 46 (Procedural requirements for application)
s 98 48 s 99
Higher Education (General Provisions) Bill 2003
98 Non-application of certain provisions to interstate non-university 1
provider 2
(1) This section applies to a higher education course-- 3
(a) offered in Queensland immediately before the commencement 4
by a non-university provider established in another State; and 5
(b) accredited or otherwise recognised under an Act of the other 6
State. 7
(2) Sections 45 and 5814 do not apply in relation to the course for the 8
period ending 1 year after the commencement (the "exemption period"). 9
(3) Subsection (4) applies if the governing body of the provider applies, 10
under section 46, during the exemption period for the accreditation of the 11
course. 12
(4) The non-application of the provisions mentioned in subsection (2) in 13
relation to the course is taken to continue from the day it would, apart from 14
this subsection, have ended until the applicant is given notice of the 15
decision about the application. 16
99 Non-application of certain provisions to interstate university 17
(1) This section applies to an interstate university operating in 18
Queensland, at the commencement, under an agency arrangement. 19
(2) Sections 61 and 7115 do not apply in relation to the university for the 20
period ending 6 months after the commencement (the "exemption 21
period"). 22
(3) Subsection (4) applies if the governing body of the university applies, 23
under section 62, during the exemption period for the Minister's approval 24
to enable the university to operate, under an agency arrangement, in 25
Queensland. 26
(4) The non-application of the provisions mentioned in subsection (2) in 27
relation to the university is taken to continue from the day it would, apart 28
from this subsection, have ended until the applicant is given notice of the 29
decision about the application. 30
14 Sections 45 (Limitation on operation of non-university provider) and 58 (Conferring
of higher education award by non-university provider etc.)
15 Sections 61 (Limitation on operation of interstate university) and 71 (Conferring of
higher education award by interstate university etc.)
s 100 49 s 101
Higher Education (General Provisions) Bill 2003
100 Appeals 1
(1) Subsection (2) applies if-- 2
(a) a person has appealed to the District Court under repealed 3
section 16 before the commencement against a decision of the 4
Minister under the repealed Act; and 5
(b) the appeal has not been decided before the commencement. 6
(2) The District Court may hear, or continue to hear, and decide the 7
appeal under the repealed Act as if this Act had not commenced. 8
(3) Subsection (4) applies if-- 9
(a) immediately before the commencement a person could have 10
appealed to the District Court under the repealed section 16 11
against a decision of the Minister under the repealed Act; and 12
(b) the person has not appealed before the commencement. 13
(4) The person may appeal, and the District Court may hear and decide 14
the appeal, under the repealed Act as if this Act had not commenced. 15
(5) For giving effect to its decision under subsection (2) or (4), the 16
District Court may make the orders it considers necessary having regard to 17
the provisions of this Act. 18
(6) In this section-- 19
"District Court" includes a District Court judge. 20
"repealed section 16" means section 16 of the repealed Act. 21
101 Offences 22
(1) Proceedings for an offence against the repealed Act may be started or 23
continued, and the provisions of the repealed Act necessary or convenient 24
to be used in relation to the proceedings continue to apply, as if this Act 25
had not commenced. 26
s 102 50 s 102
Higher Education (General Provisions) Bill 2003
(2) For subsection (1), the Acts Interpretation Act 1954, section 2016 1
applies, but does not limit the subsection. 2
PART 11--AMENDMENT OF ACTS 3
102 Consequential and other amendments of Acts 4
Schedule 1 amends the Acts mentioned in it. 5
16 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
51
Higher Education (General Provisions) Bill 2003
SCHEDULE 1 1
CONSEQUENTIAL AND OTHER AMENDMENTS 2
OF ACTS 3
section 102 4
CENTRAL QUEENSLAND UNIVERSITY ACT 1998 5
1 Schedule 2, definition "higher education award"-- 6
omit, insert-- 7
` "higher education award" see the Higher Education (General 8
Provisions) Act 2003, schedule 2.'. 9
DENTAL PRACTITIONERS REGISTRATION ACT 2001 10
1 Section 142-- 11
omit, insert-- 12
`142 Use of title `doctor' 13
`(1) A registrant must not use the title of doctor unless the registrant uses 14
the title followed by-- 15
(a) the registrant's name and the words `dentist', `dental surgeon' or 16
`dental practitioner'; or 17
(b) for a specialist registrant, provisional specialist registrant, special 18
purpose registrant or provisional special purpose registrant 19
whose special activity involves the practice of a specialty--the 20
registrant's name and the restricted specialist title for the 21
specialty. 22
Maximum penalty--500 penalty units. 23
52
Higher Education (General Provisions) Bill 2003
SCHEDULE 1 (continued)
`(2) In this section-- 1
"title" includes description and status.'. 2
GRIFFITH UNIVERSITY ACT 1998 3
1 Schedule 2, definition "higher education award"-- 4
omit, insert-- 5
` "higher education award" see the Higher Education (General 6
Provisions) Act 2003, schedule 2.'. 7
JAMES COOK UNIVERSITY ACT 1997 8
1 Schedule 2, definition "higher education award"-- 9
omit, insert-- 10
` "higher education award" see the Higher Education (General 11
Provisions) Act 2003, schedule 2.'. 12
MEDICAL PRACTITIONERS REGISTRATION 13
ACT 2001 14
1 Section 160-- 15
omit, insert-- 16
`160 Use of title `doctor' 17
`(1) A health practitioner who does not hold a doctorate must not, in or 18
in connection with the provision of a health service, use the title of doctor. 19
53
Higher Education (General Provisions) Bill 2003
SCHEDULE 1 (continued)
Maximum penalty--500 penalty units. 1
`(2) A health practitioner who holds a doctorate must not, in or in 2
connection with the provision of a health service, use the title of doctor 3
unless the health practitioner uses the title followed by-- 4
(a) the health practitioner's name; and 5
(b) initials or words indicating the doctorate held. 6
Maximum penalty--500 penalty units. 7
`(3) In this section-- 8
"health practitioner" means-- 9
(a) a nurse, midwife, or other person authorised to practise nursing, 10
under the Nursing Act 1992; or 11
(b) a person registered under any of the following Acts-- 12
· Chiropractors Registration Act 2001 13
· Dental Technicians and Dental Prosthetists Registration 14
Act 2001 15
· Medical Radiation Technologists Registration Act 2001 16
· Occupational Therapists Registration Act 2001 17
· Optometrists Registration Act 2001 18
· Osteopaths Registration Act 2001 19
· Pharmacists Registration Act 2001 20
· Physiotherapists Registration Act 2001 21
· Podiatrists Registration Act 2001 22
· Psychologists Registration Act 2001 23
· Speech Pathologists Registration Act 2001; or 24
(c) a person practising in another health-related field, other than a 25
person registered under the Dental Practitioners Registration 26
Act 2001 or a registrant.17 27
17 See the Dental Practitioners Registration Act 2001, section 142 (Use of title
`doctor').
54
Higher Education (General Provisions) Bill 2003
SCHEDULE 1 (continued)
"health service" means a service for maintaining, improving or restoring 1
people's health and wellbeing. 2
"title" includes description and status.'. 3
QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 4
1998 5
1 Schedule 2, definition "higher education award"-- 6
omit, insert-- 7
` "higher education award" see the Higher Education (General 8
Provisions) Act 2003, schedule 2.'. 9
UNIVERSITY OF QUEENSLAND ACT 1998 10
1 Schedule 2, definition "higher education award"-- 11
omit, insert-- 12
` "higher education award" see the Higher Education (General 13
Provisions) Act 2003, schedule 2.'. 14
UNIVERSITY OF SOUTHERN QUEENSLAND ACT 1998 15
1 Schedule 2, definition "higher education award"-- 16
omit, insert-- 17
` "higher education award" see the Higher Education (General 18
Provisions) Act 2003, schedule 2.'. 19
55
Higher Education (General Provisions) Bill 2003
SCHEDULE 1 (continued)
UNIVERSITY OF THE SUNSHINE COAST ACT 1998 1
1 Schedule 2, definition "higher education award"-- 2
omit, insert-- 3
` "higher education award" see the Higher Education (General 4
Provisions) Act 2003, schedule 2.'. 5
VETERINARY SURGEONS ACT 1936 6
1 Section 24A-- 7
omit. 8
56
Higher Education (General Provisions) Bill 2003
SCHEDULE 2 1
DICTIONARY 2
section 4 3
"accepted representations"-- 4
(a) for part 3, division 5--see section 38(2); or 5
(b) for part 4, division 3--see section 54(2); or 6
(c) for part 5, division 3--see section 67(2). 7
"accredit" includes re-accredit. 8
"accredited course" means a course accredited under section 47. 9
"agency arrangement" means an arrangement between an interstate 10
university and an educational institution established in Queensland 11
under which the institution delivers a higher education course in 12
Queensland on behalf of the university. 13
"agent", under an agency arrangement, means the educational institution 14
that delivers a higher education course under the arrangement. 15
"appellant" see section 72. 16
"approved form" means a form approved by the Minister under 17
section 88. 18
"AQF Register" means the Register of Recognised Education Institutions 19
and Authorised Accreditation Authorities in Australia established, 20
under the Australian Qualifications Framework, by the Australian 21
Qualifications Framework Advisory Board.18 22
"Australian Qualifications Framework" means the national framework 23
of educational qualifications-- 24
(a) approved by MCEETYA; and 25
18 The AQF Register may be viewed at the web site at http://www.aqf.edu.au
57
Higher Education (General Provisions) Bill 2003
SCHEDULE 2 (continued)
(b) stated in the implementation handbook for that framework 1
published by the Australian Qualifications Framework Advisory 2
Board, as in force from time to time.19 3
"Australian Qualifications Framework Advisory Board" means the 4
board by that name established by MCEETYA. 5
"change day", for part 3, see section 20. 6
"change notice", for part 3, see section 20. 7
"delivery place", under an agency arrangement, means the place at which 8
a higher education course is delivered under the arrangement. 9
"description statement", for an application under section 6, see 10
section 9(1). 11
"executive officer", of a corporation, means a person who is concerned 12
with, or takes part in, the corporation's management, whether or not 13
the person is a director or the person's position is given the name of 14
executive officer. 15
"higher education award" means-- 16
(a) a degree, status, title or description of associate, bachelor, master 17
or doctor; or 18
(b) any other award, if the course of study relating to it is classified 19
as higher education in the course descriptions stated in the 20
Australian Qualifications Framework. 21
"higher education course" means a course of study, the successful 22
completion of which may lead to the conferral or award of a higher 23
education award. 24
"higher education institution" means an educational institution that 25
provides, or proposes to provide, a higher education course. 26
"information notice", for a decision made by the Minister, is a notice 27
stating the following-- 28
(a) the decision; 29
(b) the reasons for the decision; 30
19 The implementation handbook may be inspected during office hours on business
days at the head office of the department or viewed at the web site at
http://www.curriculum.edu.au/aqfab.htm
58
Higher Education (General Provisions) Bill 2003
SCHEDULE 2 (continued)
(c) that the person to whom the notice is given may appeal against 1
the decision within 28 days; 2
(d) the way the person may appeal against the decision. 3
"interstate university" means a higher education institution established or 4
recognised as a university under an Act of the Commonwealth, 5
another State or a Territory, and listed in the AQF Register. 6
"key details", for part 3, see section 20. 7
"MCEETYA" means the Ministerial Council on Education, Employment, 8
Training and Youth Affairs. 9
"national protocols" means the document entitled `National protocols for 10
higher education approval processes' that was approved by 11
MCEETYA on 31 March 2000.20 12
"non-university provider" means a person, other than a university or 13
overseas higher education institution, that provides, or proposes to 14
provide, a higher education course. 15
"notice" means written notice. 16
"operate", for part 3, see section 20. 17
"operational plan", for part 3, see section 20. 18
"original decision" see section 72. 19
"overseas higher education institution" means an educational institution 20
that-- 21
(a) is established and operates in a foreign country; and 22
(b) offers a course leading to an award recognised as a higher 23
education award by the entity responsible for recognising higher 24
education awards in the foreign country. 25
"properly made submission" see section 11(2). 26
"register" means the register kept under section 80. 27
"show cause notice"-- 28
(a) for part 3, division 5--see section 37(1); or 29
20 A copy of the document may be inspected during office hours on business days at
the head office of the department.
59
Higher Education (General Provisions) Bill 2003
SCHEDULE 2 (continued)
(b) for part 4, division 3--see section 53(1); or 1
(c) for part 5, division 3--see section 66(1). 2
"show cause period"-- 3
(a) for part 3, division 5--see section 37(2)(d); or 4
(b) for part 4, division 3--see section 53(2)(d); or 5
(c) for part 5, division 3--see section 66(2)(d). 6
"submission period" see section 8(3)(f). 7
"university" means a higher education institution-- 8
(a) that is-- 9
(i) established or recognised as a university under an Act; or 10
(ii) an interstate university; or 11
(b) that is-- 12
(i) established in a foreign country; and 13
(ii) recognised as a university by the competent authority for the 14
purpose in the foreign country; and 15
(iii) approved under part 3 to operate in Queensland; or 16
(c) that is recognised under a regulation to be a university. 17
© State of Queensland 2003
AMENDMENTS TO BILL
1
Higher Education (General Provisions) Bill 2003
HIGHER EDUCATION (GENERAL
PROVISIONS) BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 After clause 82
At page 42, after line 15--
insert--
`82A Conferring of higher education award without course being
undertaken
`A person, other than a university, must not confer a higher education
award on another person unless the other person has undertaken a course
leading to the award.1
Maximum penalty--200 penalty units.'.
© State of Queensland 2003
1 See also sections 44 (Conferring of higher education award by overseas higher
education institution etc.), 58 (Conferring of higher education award by
non-university provider etc.) and 71 (Conferring of higher education award by
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