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Queensland
Higher Education (General
Provisions) Bill 2008
Queensland
Higher Education (General Provisions)
Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Non self-accrediting higher education institutions
Division 1 Preliminary
6 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Limitation on operation of non self-accrediting higher education
institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Application for registration
8 Procedural requirements for application. . . . . . . . . . . . . . . . . . . . 12
9 Further information or document to support application. . . . . . . . 13
10 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . 14
12 Term of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Standard condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3 Renewal of registration
15 Procedural requirements for applying for renewal . . . . . . . . . . . . 16
16 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Term of renewed registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Conditions of a renewed registration . . . . . . . . . . . . . . . . . . . . . . 17
19 Registration taken to be in force while application is considered . 17
Higher Education (General Provisions) Bill 2008
Contents
Division 4 Cancellation of registration
20 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Lapse of accreditation of courses. . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 5 Changes to conditions of registration
22 Changing conditions of registration . . . . . . . . . . . . . . . . . . . . . . . 19
Division 6 Application for accreditation
23 Procedural requirements for application. . . . . . . . . . . . . . . . . . . . 20
24 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Term of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Standard condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 7 Renewal of accreditation
28 Procedural requirements for applying for renewal . . . . . . . . . . . . 22
29 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30 Term of renewed accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Conditions of a renewed accreditation . . . . . . . . . . . . . . . . . . . . . 23
32 Accreditation taken to be in force while application is considered 23
Division 8 Cancellation of accreditation
33 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Lapse of registration as non self-accrediting higher education
institution ....................................... 25
Division 9 Changes to conditions of accreditation
35 Changing conditions of accreditation . . . . . . . . . . . . . . . . . . . . . . 25
Division 10 Major changes to institution or course
36 Application for approval to make major change . . . . . . . . . . . . . . 26
37 Meaning of major change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
38 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 11 Other provisions
39 Conferring of higher education award by non self-accrediting
higher education institution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
40 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 3 Self-accrediting higher education institutions
Division 1 Preliminary
41 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
42 Limitation on operation of self-accrediting higher education
institution ....................................... 30
Page 2
Higher Education (General Provisions) Bill 2008
Contents
Division 2 Self-accrediting higher education institutions (other than
interstate)
Subdivision 1 Application for self-accrediting authority
43 Procedural requirements for application. . . . . . . . . . . . . . . . . . . . 30
44 Further information or document to support application. . . . . . . . 31
45 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
46 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . 32
47 Term of self-accrediting authority . . . . . . . . . . . . . . . . . . . . . . . . . 32
48 Standard condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
49 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 2 Renewal of self-accrediting authority
50 Procedural requirements for applying for renewal . . . . . . . . . . . . 33
51 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
52 Term of renewed self-accrediting authority. . . . . . . . . . . . . . . . . . 34
53 Conditions of a renewed self-accrediting authority. . . . . . . . . . . . 35
54 Self-accrediting authority taken to be in force while application is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 3 Cancellation of self-accrediting authority
55 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 4 Changes to conditions of self-accrediting authority
56 Changing conditions of self-accrediting authority. . . . . . . . . . . . . 36
Subdivision 5 Major changes to self-accrediting higher education
institution
57 Application for approval to make major change . . . . . . . . . . . . . . 37
58 Meaning of major change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
59 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 6 Changes to scope of self-accrediting authority
60 Procedural requirements for application. . . . . . . . . . . . . . . . . . . . 39
61 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
62 Term of self-accrediting authority . . . . . . . . . . . . . . . . . . . . . . . . . 40
63 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 7 Other provisions
64 Conferring of higher education award by self-accrediting higher
education institution ............................... 41
65 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 3 Interstate self-accrediting higher education institutions
66 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Higher Education (General Provisions) Bill 2008
Contents
67 Operating under a recognised self-accrediting authority . . . . . . . 42
68 Term of recognised self-accrediting authority. . . . . . . . . . . . . . . . 43
69 Standard condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
70 Notification of change to scope of authority . . . . . . . . . . . . . . . . . 44
71 Grounds for withdrawal of recognised self-accrediting authority . 44
72 Conferring of higher education award by interstate
self-accrediting higher education institution . . . . . . . . . . . . . . . . 45
Part 4 Universities, specialised universities, university colleges
and specialised university colleges
Division 1 Preliminary
73 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 2 Universities etc. (other than interstate)
Subdivision 1 Application for approval
74 Procedural requirements for application. . . . . . . . . . . . . . . . . . . . 46
75 Public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
76 Further information or document to support application. . . . . . . . 47
77 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
78 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . 48
79 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 2 Review of operation of university or specialised university
80 Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 3 Interstate universities etc.
81 Recognised authority for interstate higher education institutions . 49
82 Standard condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
83 Grounds for withdrawal of recognised authority . . . . . . . . . . . . . . 50
Part 5 Overseas higher education institutions
Division 1 Preliminary
84 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
85 Limitation on operation of overseas higher education institution . 51
Division 2 Application for approval
86 Procedural requirements for application. . . . . . . . . . . . . . . . . . . . 51
87 Further information or document to support application. . . . . . . . 52
88 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
89 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . 53
90 Term of approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
91 Standard condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
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Higher Education (General Provisions) Bill 2008
Contents
92 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 3 Renewal of approval
93 Procedural requirements for applying for renewal . . . . . . . . . . . . 55
94 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
95 Term of renewed approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
96 Conditions of a renewed approval . . . . . . . . . . . . . . . . . . . . . . . . 56
97 Approval taken to be in force while application is considered . . . 56
Division 4 Cancellation of approval
98 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 5 Changes to conditions of approval
99 Changing conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 6 Major changes to overseas higher education institutions
100 Application for approval to make major change . . . . . . . . . . . . . . 58
101 Meaning of major change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
102 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 7 Other changes to overseas higher education institutions
103 Notification of other changes to overseas higher education
institutions ...................................... 60
Division 8 Other provisions
104 Conferring of higher education award by overseas higher
education institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
105 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Part 6 Appeals
106 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
107 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
108 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
109 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Part 7 Evidence and legal proceedings
Division 1 Evidence
110 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 2 Proceedings
111 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 65
112 Responsibility for acts or omissions of representatives . . . . . . . . 66
113 Executive officers must ensure corporation complies with Act. . . 66
Part 8 Offences
114 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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Higher Education (General Provisions) Bill 2008
Contents
115 Self-accrediting higher education institution. . . . . . . . . . . . . . . . . 68
116 University title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
117 Specialised university title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
118 University college title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
119 Specialised university college title . . . . . . . . . . . . . . . . . . . . . . . . 70
120 Restriction on operating a higher education institution. . . . . . . . . 71
121 Conferring of higher education award without course being
undertaken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Part 9 Miscellaneous provisions
Division 1 Show cause process
122 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
123 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
124 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
125 Representations about show cause notice. . . . . . . . . . . . . . . . . . 73
126 Ending show cause process without further action . . . . . . . . . . . 73
127 Cancellation of relevant authority . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 2 Other provisions
128 Applied provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
129 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
130 Disclosure of information to relevant entities . . . . . . . . . . . . . . . . 75
131 Committees and other sources of advice . . . . . . . . . . . . . . . . . . . 76
132 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
133 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
134 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
135 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
136 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
137 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 10 Repeal and transitional provisions
Division 1 Repeal
138 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 2 Transitional provisions
139 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
140 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
141 Application for approval to be established or recognised as a
university ...................................... 80
142 Approval to operate overseas higher education institution . . . . . . 80
Page 6
Higher Education (General Provisions) Bill 2008
Contents
143 Application for approval to operate overseas higher education
institution ....................................... 80
144 Cancellation of approval to operate overseas higher education
institution ....................................... 81
145 References to non-university provider . . . . . . . . . . . . . . . . . . . . . 81
146 Non-university provider taken to be non self-accrediting higher
education institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
147 Application for accreditation of higher education course . . . . . . . 82
148 Cancellation of accreditation of an accredited course . . . . . . . . . 83
149 Approval to operate interstate university . . . . . . . . . . . . . . . . . . . 83
150 Application for approval to operate interstate university . . . . . . . . 83
151 Cancellation of approval to operate interstate university . . . . . . . 84
152 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
153 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Part 11 Amendment of Education (General Provisions) Act 2006
154 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
155 Amendment of s 52 (Fee for distance education provided by a
State school) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
156 Amendment of s 54 (Waiver of fee for distance education) . . . . . 86
Part 12 Amendment of Vocational Education, Training and
Employment Act 2000
157 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
158 Amendment of s 168 (Council's functions) . . . . . . . . . . . . . . . . . . 86
159 Amendment of s 221 (Recognition of group training organisation)
86
160 Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Chapter 7A Principal employer organisations
223A Recognition of principal employer organisation . . . . . 87
223B Function of principal employer organisation . . . . . . . . 87
223C Withdrawal of recognition . . . . . . . . . . . . . . . . . . . . . . 88
161 Amendment of s 224 (Appeal to Magistrates Court) . . . . . . . . . . 88
162 Insertion of new ch 10, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Part 5 Transitional provision for Higher Education
(General Provisions) Act 2008
344 Recognition of group training organisation . . . . . . . . . 88
163 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 89
Part 13 Amendment of other Acts
164 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
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Higher Education (General Provisions) Bill 2008
Contents
Schedule 1 Consequential and minor amendments of other Acts . . . . . . 90
Australian Catholic University (Queensland) Act 2007 . . . . . . . . . 90
Central Queensland University Act 1998 . . . . . . . . . . . . . . . . . . . 90
Commission for Children and Young People and Child Guardian
Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 92
Education (Queensland College of Teachers) Act 2005. . . . . . . . 93
Griffith University Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
James Cook University Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . 94
Nursing Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Queensland University of Technology Act 1998 . . . . . . . . . . . . . . 94
University of Queensland Act 1998 . . . . . . . . . . . . . . . . . . . . . . . 95
University of Southern Queensland Act 1998 . . . . . . . . . . . . . . . 95
University of the Sunshine Coast Act 1998 . . . . . . . . . . . . . . . . . 95
Vocational Education, Training and Employment Act 2000 . . . . . 96
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Page 8
2008
A Bill
for
An Act to provide for the establishment, recognition,
registration and operation of higher education institutions and
the accreditation of courses offered by certain higher
education institutions, and for related and other purposes
Higher Education (General Provisions) Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Higher Education (General 4
Provisions) Act 2008. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Act binds all persons 8
(1) This Act binds all persons, including the State, and, as far as 9
the legislative power of the Parliament permits, the 10
Commonwealth and the other States. 11
(2) Nothing in this Act makes the Commonwealth or a State 12
liable to be prosecuted for an offence. 13
4 Definitions 14
The dictionary in schedule 2 defines particular words used in 15
this Act. 16
5 Objects of Act 17
(1) The objects of this Act are-- 18
(a) to uphold the standards of education delivered by higher 19
education institutions operating in the State; and 20
(b) to uphold the standards of education delivered by higher 21
education institutions approved to be established or 22
recognised, authorised to operate, or registered, under 23
this Act, when operating outside the State; and 24
Page 10
Higher Education (General Provisions) Bill 2008
Part 1 Preliminary
[s 5]
(c) to maintain public confidence in the higher education 1
sector in the State. 2
(2) The objects are to be achieved mainly by the following-- 3
(a) establishing a process for the registration of non 4
self-accrediting higher education institutions; 5
(b) providing for the accreditation of higher education 6
courses proposed to be offered by non self-accrediting 7
higher education institutions; 8
(c) establishing a process for granting self-accrediting 9
authority to higher education institutions other than 10
universities; 11
(d) providing for the recognition of higher education 12
institutions that have authority to operate as 13
self-accrediting higher education institutions in another 14
Australian jurisdiction; 15
(e) establishing a process for the establishment or 16
recognition of universities, specialised universities, 17
university colleges and specialised university colleges in 18
the State; 19
(f) providing for the approval of the operation of interstate 20
universities, interstate specialised universities, interstate 21
university colleges and interstate specialised university 22
colleges in the State; 23
(g) providing for the approval of the operation of overseas 24
higher education institutions in the State; 25
(h) limiting the use of a title that consists of, or includes, the 26
word `university'. 27
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Higher Education (General Provisions) Bill 2008
Part 2 Non self-accrediting higher education institutions
[s 6]
Part 2 Non self-accrediting higher 1
education institutions 2
Division 1 Preliminary 3
6 Definition for pt 2 4
In this part-- 5
national guidelines means the document entitled `National 6
Guidelines for Higher Education Approval 7
Processes--Guidelines for the registration of non 8
self-accrediting higher education institutions and the 9
accreditation of their course/s' that was approved by the 10
Ministerial Council on 31 October 2007. 11
7 Limitation on operation of non self-accrediting higher 12
education institution 13
A non self-accrediting higher education institution must not 14
offer a higher education course unless the course is an 15
accredited course for the institution. 16
Maximum penalty--200 penalty units. 17
Division 2 Application for registration 18
8 Procedural requirements for application 19
(1) The governing body of an entity may apply to the Minister for 20
registration of the entity as a non self-accrediting higher 21
education institution. 22
(2) The application must-- 23
(a) be in writing; and 24
(b) state the place where the entity is to operate; and 25
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(c) include the information required to be provided under 1
the national guidelines; and 2
(d) be accompanied by an application under section 23 for 3
accreditation of a course proposed to be offered by the 4
entity; and 5
(e) be accompanied by the fee prescribed under a 6
regulation. 7
9 Further information or document to support application 8
(1) The Minister may, by notice given to the applicant, require the 9
applicant to give the Minister, within the reasonable time of at 10
least 14 days stated in the notice, further information or a 11
document the Minister reasonably requires to decide the 12
application. 13
(2) The applicant is taken to have withdrawn the application if the 14
applicant does not comply with the requirement within the 15
stated time. 16
10 Decision on application 17
(1) The Minister must consider the application and either grant, 18
or refuse to grant, the application. 19
(2) The Minister may grant the application only if the Minister-- 20
(a) is satisfied the entity complies with the national 21
protocols and national guidelines; and 22
(b) at the same time, grants accreditation of at least 1 higher 23
education course the entity proposes to offer. 24
(3) In deciding the application, the Minister may-- 25
(a) examine the proposed operation of the entity both inside 26
and outside the State; and 27
(b) make any other enquiries the Minister considers 28
appropriate. 29
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(4) If the Minister decides to grant the application, the Minister 1
must as soon as practicable give the applicant notice of the 2
decision. 3
(5) If the Minister decides to refuse to grant the application, the 4
Minister must as soon as practicable give the applicant an 5
information notice about the decision. 6
(6) If the Minister fails to decide the application within 18 months 7
after its receipt, the Minister is taken to have decided to refuse 8
to grant the application. 9
(7) Subsection (6) is subject to section 11. 10
11 Further consideration of application 11
(1) This section applies if the Minister considers further time is 12
needed to make a decision on the application because of the 13
complexity of the matters that need to be considered. 14
(2) The applicant and the Minister may at any time before the 15
final consideration day agree in writing on a day (the agreed 16
extended day) by which the decision is to be made. 17
(3) Also, the applicant and the Minister may at any time before 18
the agreed extended day again agree in writing on a day (the 19
further extended day) by which the decision is to be made. 20
(4) The Minister is taken to have decided to refuse to grant the 21
application if the Minister fails to make the decision by-- 22
(a) the agreed extended day; or 23
(b) if the applicant and the Minister have agreed on a further 24
extended day--the further extended day. 25
(5) In this section-- 26
final consideration day means the day that is 18 months after 27
the application was received by the Minister. 28
12 Term of registration 29
Registration as a non self-accrediting higher education 30
institution remains in force for the term of not more than 5 31
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years stated in the notice given to the applicant for the 1
registration under section 10(4). 2
Note-- 3
Under section 34, the registration lapses if the accreditation of all 4
courses accredited for the institution is cancelled. 5
13 Standard condition 6
(1) It is a condition (a standard condition) of registration as a non 7
self-accrediting higher education institution that the 8
governing body of the institution-- 9
(a) allows the Minister to enter a place at any reasonable 10
time to examine the operation of the institution both 11
inside and outside the State; and 12
(b) complies with all reasonable requests by the Minister to 13
give the Minister information or records, or a copy of 14
records, the governing body is keeping, or has control 15
of, that are appropriate. 16
(2) The standard condition applies to help the Minister decide 17
whether-- 18
(a) the institution is complying with the national protocols 19
and national guidelines; or 20
(b) the institution and its governing body are complying 21
with any other conditions of the registration. 22
14 Imposition of conditions 23
(1) The Minister may, in granting the application, decide to 24
impose conditions on the registration that are relevant and 25
reasonable. 26
(2) If the Minister decides to impose conditions on the 27
registration, the Minister must as soon as practicable give the 28
applicant an information notice about the decision. 29
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Division 3 Renewal of registration 1
15 Procedural requirements for applying for renewal 2
(1) The governing body of a non self-accrediting higher 3
education institution may apply to the Minister for renewal of 4
the institution's registration within the period starting 18 5
months, and ending 9 months, before the term of the 6
registration ends. 7
(2) The application must-- 8
(a) be in writing; and 9
(b) include the information required to be provided under 10
the national guidelines; and 11
(c) be accompanied by the fee prescribed under a 12
regulation. 13
(3) Section 9 applies to an application under this section. 14
Note-- 15
See section 128 in relation to the operation of applied provisions. 16
16 Decision on application 17
(1) The Minister must consider the application and either grant, 18
or refuse to grant, the application. 19
(2) The Minister may grant the application only if the Minister is 20
satisfied-- 21
(a) the institution is complying with the national protocols 22
and national guidelines; and 23
(b) the institution and its governing body are complying 24
with any conditions of the institution's registration. 25
(3) In deciding the application, the Minister may-- 26
(a) examine the operation of the institution both inside and 27
outside the State; and 28
(b) make any other enquiries the Minister considers 29
appropriate. 30
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(4) Sections 10(4) to (7) and 11 apply to the making of a decision 1
under this section. 2
17 Term of renewed registration 3
Registration as a non self-accrediting higher education 4
institution, renewed under section 16, remains in force for the 5
further term of not more than 5 years stated in the notice given 6
to the applicant for the renewal under section 10(4) as applied 7
by section 16(4). 8
Note-- 9
Under section 34, the registration lapses if the accreditation of all 10
courses accredited for the institution is cancelled. 11
18 Conditions of a renewed registration 12
(1) Sections 13 and 14 apply to a registration renewed under this 13
division. 14
(2) For applying section 14-- 15
impose, a condition, includes change or confirm the condition. 16
19 Registration taken to be in force while application is 17
considered 18
(1) If an application for renewal of registration as a non 19
self-accrediting higher education institution is made under 20
section 15, the registration is taken to continue in force from 21
the day that it would, apart from this section, have expired 22
until-- 23
(a) if the Minister decides to renew the registration--the 24
day a notice about the decision is given to the applicant 25
under section 10(4) as applied by section 16(4); or 26
(b) if the Minister decides to refuse to renew the 27
registration-- 28
(i) the last day to appeal against the decision; or 29
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(ii) if an appeal is instituted against the decision--the 1
day the appeal is decided. 2
(2) Subsection (1) does not apply if the registration is earlier 3
cancelled. 4
Division 4 Cancellation of registration 5
20 Grounds for cancellation 6
(1) Each of the following is a ground for cancelling a higher 7
education institution's registration as a non self-accrediting 8
higher education institution-- 9
(a) the institution-- 10
(i) is not complying, or has not complied, with the 11
national protocols and national guidelines; or 12
(ii) has contravened a condition of the registration; 13
(b) the governing body of the institution-- 14
(i) has contravened a condition of the registration; or 15
(ii) has made a major change to the institution without 16
the Minister's approval under section 38; or 17
(iii) has not given the Minister an annual report under 18
section 40; 19
(c) the Minister's decision to grant or renew the registration 20
was based on false or misleading information. 21
(2) If the Minister reasonably believes a ground exists for 22
cancelling a registration, the Minister must follow the process 23
under part 9, division 1. 24
21 Lapse of accreditation of courses 25
(1) This section applies if a registration as a non self-accrediting 26
higher education institution is cancelled under part 9, division 27
1. 28
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(2) The accreditation of all courses accredited for the institution 1
lapses on the day the cancellation of the registration takes 2
effect. 3
Division 5 Changes to conditions of 4
registration 5
22 Changing conditions of registration 6
(1) The Minister may change the conditions of a registration as a 7
non self-accrediting higher education institution imposed by 8
the Minister if the Minister reasonably believes the change is 9
appropriate. 10
(2) Before deciding to change the conditions, the Minister must-- 11
(a) give notice to the holder of the registration-- 12
(i) of the particulars of the proposed change; and 13
(ii) that the holder may make written submissions to 14
the Minister about the proposed change within a 15
reasonable period of at least 21 days stated in the 16
notice; and 17
(b) have regard to written submissions made to the Minister 18
by the holder before the end of the stated period. 19
(3) If the Minister decides to change the conditions, the Minister 20
must as soon as practicable give the holder an information 21
notice about the decision. 22
(4) 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 25
the appeal is decided. 26
(5) The power of the Minister under subsection (1) includes the 27
power to add conditions to a registration that is not subject to 28
conditions imposed by the Minister. 29
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Division 6 Application for accreditation 1
23 Procedural requirements for application 2
(1) Either of the following may apply to the Minister for 3
accreditation of a higher education course-- 4
(a) the governing body of a non self-accrediting higher 5
education institution that proposes to offer the course; 6
(b) the governing body of an entity applying under section 8 7
for registration of the entity as a non self-accrediting 8
higher education institution. 9
(2) The application must-- 10
(a) be in writing; and 11
(b) state the place where the institution or entity proposes to 12
offer the course; and 13
(c) include the information required to be provided under 14
the national guidelines; and 15
(d) be accompanied by the fee prescribed under a 16
regulation. 17
(3) Section 9 applies to an application under this section. 18
24 Decision on application 19
(1) The Minister must consider the application and either grant, 20
or refuse to grant, the application. 21
(2) The Minister may grant the application only if the Minister-- 22
(a) is satisfied the course complies with the national 23
protocols and national guidelines; and 24
(b) for an applicant mentioned in section 23(1)(b)--at the 25
same time, grants registration of the entity as a non 26
self-accrediting higher education institution. 27
(3) In deciding the application, the Minister may-- 28
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(a) examine the operation of the institution or entity in 1
relation to the course both inside and outside the State; 2
and 3
(b) make any other enquiries the Minister considers 4
appropriate. 5
(4) Sections 10(4) to (7) and 11 apply to the making of a decision 6
under this section. 7
25 Term of accreditation 8
The accreditation of an accredited course remains in force for 9
the term of not more than 5 years stated in the notice given to 10
the applicant for the accreditation under section 10(4) as 11
applied by section 24(4). 12
Note-- 13
See section 21 in relation to the lapsing of the accreditation of a course 14
if the institution's registration is cancelled. 15
26 Standard condition 16
(1) It is a condition (a standard condition) of the accreditation of 17
a course that the governing body of the non self-accrediting 18
higher education institution offering the course-- 19
(a) allows the Minister to enter a place at any reasonable 20
time to examine the operation of the institution in 21
relation to the course both inside and outside the State; 22
and 23
(b) complies with all reasonable requests by the Minister to 24
give the Minister information or records, or a copy of 25
records, the governing body is keeping, or has control 26
of, that are appropriate. 27
(2) The standard condition applies to help the Minister decide 28
whether-- 29
(a) the course complies with the national protocols and 30
national guidelines; or 31
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(b) the institution and its governing body are complying 1
with any other conditions of the accreditation. 2
27 Imposition of conditions 3
(1) The Minister may, in granting the application, decide to 4
impose conditions on the accreditation that are relevant and 5
reasonable. 6
(2) If the Minister decides to impose conditions on the 7
accreditation, the Minister must as soon as practicable give 8
the applicant an information notice about the decision. 9
Division 7 Renewal of accreditation 10
28 Procedural requirements for applying for renewal 11
(1) The governing body of a non self-accrediting higher 12
education institution may apply to the Minister for renewal of 13
the accreditation of a higher education course, offered by the 14
institution, within the period starting 18 months, and ending 9 15
months, before the term of the accreditation ends. 16
(2) The application must-- 17
(a) be in writing; and 18
(b) include the information required to be provided under 19
the national guidelines; and 20
(c) be accompanied by the fee prescribed under a 21
regulation. 22
(3) Section 9 applies to an application under this section. 23
29 Decision on application 24
(1) The Minister must consider the application and either grant, 25
or refuse to grant, the application. 26
(2) The Minister may grant the application only if the Minister is 27
satisfied-- 28
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(a) the course complies with the national protocols and 1
national guidelines; and 2
(b) the institution and its governing body are complying 3
with any conditions of the accreditation. 4
(3) In deciding the application, the Minister may-- 5
(a) examine the operation of the institution in relation to the 6
course both inside and outside the State; and 7
(b) make any other enquiries the Minister considers 8
appropriate. 9
(4) Sections 10(4) to (7) and 11 apply to the making of a decision 10
under this section. 11
30 Term of renewed accreditation 12
Accreditation of a course, renewed under section 29, remains 13
in force for the further term of not more than 5 years stated in 14
the notice given to the applicant for the renewal under section 15
10(4) as applied by section 29(4). 16
Note-- 17
See section 21 in relation to the lapsing of the accreditation of a course 18
if the institution's registration is cancelled. 19
31 Conditions of a renewed accreditation 20
(1) Sections 26 and 27 apply to an accreditation renewed under 21
this division. 22
(2) For applying section 27-- 23
impose, a condition, includes change or confirm the condition. 24
32 Accreditation taken to be in force while application is 25
considered 26
(1) If an application for renewal of accreditation of a course is 27
made under section 28, the accreditation is taken to continue 28
in force from the day that it would, apart from this section, 29
have expired until-- 30
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(a) if the Minister decides to renew the accreditation--the 1
day a notice about the decision is given to the applicant 2
under section 10(4) as applied by section 29(4); or 3
(b) if the Minister decides to refuse to renew the 4
accreditation-- 5
(i) the last day to appeal against the decision; or 6
(ii) if an appeal is instituted against the decision--the 7
day the appeal is decided. 8
(2) Subsection (1) does not apply if the accreditation is earlier 9
cancelled. 10
Division 8 Cancellation of accreditation 11
33 Grounds for cancellation 12
(1) Each of the following is a ground for cancelling the 13
accreditation of a course accredited for a non self-accrediting 14
higher education institution-- 15
(a) the institution-- 16
(i) is not complying, or has not complied, with the 17
national protocols and national guidelines; or 18
(ii) has contravened a condition of the accreditation; 19
(b) the governing body of the institution-- 20
(i) has contravened a condition of the accreditation; or 21
(ii) has made a major change to the course without the 22
Minister's approval under section 38; or 23
(iii) has not given the Minister an annual report under 24
section 40; 25
(c) the Minister's decision to grant or renew the 26
accreditation was based on false or misleading 27
information. 28
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(2) If the Minister reasonably believes a ground exists for 1
cancelling the accreditation of an accredited course, the 2
Minister must follow the process under part 9, division 1. 3
34 Lapse of registration as non self-accrediting higher 4
education institution 5
(1) This section applies if the accreditation of all courses 6
accredited for a non self-accrediting higher education 7
institution is cancelled under part 9, division 1. 8
(2) The institution's registration as a non self-accrediting higher 9
education institution lapses on the day the cancellation of the 10
accreditation of all the courses takes effect. 11
Division 9 Changes to conditions of 12
accreditation 13
35 Changing conditions of accreditation 14
(1) The Minister may change the conditions of the accreditation 15
of an accredited course imposed by the Minister if the 16
Minister reasonably believes the change is appropriate. 17
(2) Before deciding to change the conditions, the Minister must-- 18
(a) give notice to the holder of the accreditation-- 19
(i) of the particulars of the proposed change; and 20
(ii) that the holder may make written submissions to 21
the Minister about the proposed change within a 22
reasonable period of at least 21 days stated in the 23
notice; and 24
(b) have regard to written submissions made to the Minister 25
by the holder before the end of the stated period. 26
(3) If the Minister decides to change the conditions, the Minister 27
must as soon as practicable give the holder an information 28
notice about the decision. 29
(4) The decision does not take effect until-- 30
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(a) the last day to appeal against the decision; or 1
(b) if an appeal is instituted against the decision--the day 2
the appeal is decided. 3
(5) The power of the Minister under subsection (1) includes the 4
power to add conditions to the accreditation of an accredited 5
course that is not subject to conditions imposed by the 6
Minister. 7
Division 10 Major changes to institution or 8
course 9
36 Application for approval to make major change 10
(1) The governing body of a non self-accrediting higher 11
education institution may apply to the Minister for approval to 12
make a major change to the institution or to a course 13
accredited under this part for the institution. 14
(2) The application must-- 15
(a) be in writing; and 16
(b) include the information required to be provided under 17
the national guidelines; and 18
(c) be accompanied by the fee prescribed under a 19
regulation. 20
37 Meaning of major change 21
(1) A major change, to a non self-accrediting higher education 22
institution or to a course accredited under this part for the 23
institution, means a change that-- 24
(a) may affect the institution's capacity to comply with the 25
national protocols and national guidelines; and 26
(b) is described as a major change in the national 27
guidelines. 28
(2) A major change to the institution includes-- 29
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(a) a merger of the institution with another entity; or 1
(b) a change to the institution's corporate status; or 2
(c) a change in the ownership of, or shareholding in, the 3
institution; or 4
(d) a change that may result in a significant decline in the 5
financial position of the institution; or 6
(e) a change to the place or places where the institution 7
operates. 8
(3) A major change to a course accredited under this part for the 9
institution includes-- 10
(a) a change to the way of providing the course, for example 11
a change from face-to-face delivery to providing the 12
course electronically or by distance education; or 13
(b) a change that may result in the course no longer being 14
recognised by relevant professional or industry 15
associations, for example, graduates of the course may 16
no longer be able to obtain professional registration; or 17
(c) a change that involves substituting new subjects for 18
more than 25% of the subjects in the course or deleting 19
more than 25% of the subjects in the course; or 20
(d) a significant reduction in the number of student contact 21
hours for the course. 22
38 Decision on application 23
(1) The Minister must consider the application and either grant, 24
or refuse to grant, the application. 25
(2) The Minister may grant the application only if the Minister is 26
satisfied the institution will comply with the national 27
protocols and national guidelines after the change is effected. 28
(3) In deciding the application, the Minister may-- 29
(a) examine the operation of the institution both inside and 30
outside the State; and 31
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(b) make any other enquiries the Minister considers 1
appropriate. 2
(4) If the Minister decides to grant the application, the Minister 3
must as soon as practicable give the applicant a notice 4
stating-- 5
(a) the decision; and 6
(b) the day by which the change must be effected. 7
(5) If the Minister decides to refuse to grant the application, the 8
Minister must as soon as practicable give the applicant an 9
information notice about the decision. 10
(6) Subject to subsection (7), if the Minister fails to decide the 11
application within 6 months after its receipt, the Minister is 12
taken to have decided to refuse to grant the application. 13
(7) Section 11 applies to the making of a decision under this 14
section. 15
(8) In applying section 11-- 16
final consideration day means the day that is 6 months after 17
the application was received by the Minister. 18
Division 11 Other provisions 19
39 Conferring of higher education award by non 20
self-accrediting higher education institution 21
(1) A non self-accrediting higher education institution must not 22
confer, or hold out that the institution is authorised to confer, a 23
higher education award unless the course leading to the award 24
is an accredited course for the institution. 25
Maximum penalty--200 penalty units. 26
(2) A person must not hold out that a non self-accrediting higher 27
education institution is authorised to confer a higher education 28
award unless the course leading to the award is an accredited 29
course for the institution. 30
Maximum penalty--200 penalty units. 31
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40 Annual report 1
(1) The governing body of a non self-accrediting higher 2
education institution must, on or before 31 May in each year 3
(the reporting day), give the Minister a report (an annual 4
report). 5
(2) The annual report must-- 6
(a) be given-- 7
(i) in the way required by the Minister; and 8
(ii) for the period from 1 January to 31 December 9
immediately before the reporting day; and 10
(b) contain information to help the Minister assess 11
whether-- 12
(i) the institution is complying with the national 13
protocols and national guidelines; and 14
(ii) the institution and its governing body are 15
complying with the conditions of the registration 16
and accreditation. 17
(3) The annual report must be accompanied by the assessment fee 18
prescribed under a regulation. 19
(4) The annual report is taken not to have been given until the 20
assessment fee is paid. 21
Part 3 Self-accrediting higher 22
education institutions 23
Division 1 Preliminary 24
41 Definition for pt 3 25
In this part-- 26
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[s 42]
national guidelines means the document entitled `National 1
Guidelines for Higher Education Approval 2
Processes--Guidelines for awarding self-accrediting 3
authority to higher education institutions other than 4
universities' that was approved by the Ministerial Council on 5
31 October 2007. 6
42 Limitation on operation of self-accrediting higher 7
education institution 8
A self-accrediting higher education institution must not 9
accredit a course other than in relation to a field of study or 10
AQF qualification level for which the institution holds a 11
self-accrediting authority. 12
Maximum penalty--200 penalty units. 13
Division 2 Self-accrediting higher education 14
institutions (other than interstate) 15
Subdivision 1 Application for self-accrediting 16
authority 17
43 Procedural requirements for application 18
(1) The governing body of an entity may apply to the Minister for 19
authority for the entity to operate as a self-accrediting higher 20
education institution (a self-accrediting authority). 21
(2) The application must-- 22
(a) be in writing; and 23
(b) state the fields of study and the AQF qualification levels 24
for which the governing body is seeking the 25
self-accrediting authority; and 26
(c) include the information required to be provided under 27
the national guidelines; and 28
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(d) be accompanied by the fee prescribed under a 1
regulation. 2
44 Further information or document to support application 3
(1) The Minister may, by notice given to the applicant, require the 4
applicant to give the Minister, within the reasonable time of at 5
least 14 days stated in the notice, further information or a 6
document the Minister reasonably requires to decide the 7
application. 8
(2) The applicant is taken to have withdrawn the application if the 9
applicant does not comply with the requirement within the 10
stated time. 11
45 Decision on application 12
(1) The Minister must consider the application and either grant, 13
or refuse to grant, the application. 14
(2) The Minister may grant the application only if the Minister is 15
satisfied the entity complies with the national protocols and 16
national guidelines. 17
(3) In deciding the application, the Minister may-- 18
(a) examine the proposed operation of the entity both inside 19
and outside the State; and 20
(b) make any other enquiries the Minister considers 21
appropriate. 22
(4) If the Minister decides to grant the application, the Minister 23
must decide the fields of study and the AQF qualification 24
levels for which the self-accrediting authority is to be given 25
(the scope of the self-accrediting authority). 26
(5) If the Minister decides to grant the application, the Minister 27
must as soon as practicable give the applicant notice of the 28
decision. 29
(6) If the Minister decides to refuse to grant the application, the 30
Minister must as soon as practicable give the applicant an 31
information notice about the decision. 32
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(7) If the Minister fails to decide the application within 18 months 1
after its receipt, the Minister is taken to have decided to refuse 2
to grant the application. 3
(8) Subsection (7) is subject to section 46. 4
46 Further consideration of application 5
(1) This section applies if the Minister considers further time is 6
needed to make a decision on the application because of the 7
complexity of the matters that need to be considered. 8
(2) The applicant and the Minister may at any time before the 9
final consideration day agree in writing on a day (the agreed 10
extended day) by which the decision is to be made. 11
(3) Also, the applicant and the Minister may at any time before 12
the agreed extended day again agree in writing on a day (the 13
further extended day) by which the decision is to be made. 14
(4) The Minister is taken to have decided to refuse to grant the 15
application if the Minister fails to make the decision by-- 16
(a) the agreed extended day; or 17
(b) if the applicant and the Minister have agreed on a further 18
extended day--the further extended day. 19
(5) In this section-- 20
final consideration day means the day that is 18 months after 21
the application was received by the Minister. 22
47 Term of self-accrediting authority 23
A self-accrediting authority remains in force for the term of 24
not more than 5 years stated in the notice given to the 25
applicant for the authority under section 45(5). 26
48 Standard condition 27
(1) It is a condition (a standard condition) of a self-accrediting 28
authority that the governing body of the higher education 29
institution that holds the authority-- 30
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Part 3 Self-accrediting higher education institutions
[s 49]
(a) allows the Minister to enter a place at any reasonable 1
time to examine the operation of the institution both 2
inside and outside the State; and 3
(b) complies with all reasonable requests by the Minister to 4
give the Minister information or records, or a copy of 5
records, the governing body is keeping, or has control 6
of, that are appropriate. 7
(2) The standard condition applies to help the Minister decide 8
whether-- 9
(a) the institution is complying with the national protocols 10
and national guidelines; or 11
(b) the institution and its governing body are complying 12
with any other conditions of the authority. 13
49 Imposition of conditions 14
(1) The Minister may, in granting the application, decide to 15
impose conditions on the self-accrediting authority that are 16
relevant and reasonable. 17
(2) If the Minister decides to impose conditions on the authority, 18
the Minister must as soon as practicable give the applicant an 19
information notice about the decision. 20
Subdivision 2 Renewal of self-accrediting 21
authority 22
50 Procedural requirements for applying for renewal 23
(1) The governing body of a self-accrediting higher education 24
institution may apply to the Minister for renewal of the 25
institution's self-accrediting authority within the period 26
starting 18 months, and ending 9 months, before the term of 27
the authority ends. 28
(2) The application must-- 29
(a) be in writing; and 30
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(b) include the information required to be provided under 1
the national guidelines; and 2
(c) be accompanied by the fee prescribed under a 3
regulation. 4
(3) Section 44 applies to an application under this section. 5
Note-- 6
See section 128 in relation to the operation of applied provisions. 7
51 Decision on application 8
(1) The Minister must consider the application and either grant, 9
or refuse to grant, the application. 10
(2) The Minister may grant the application only if the Minister is 11
satisfied-- 12
(a) the institution-- 13
(i) is operating within the scope of its authority; and 14
(ii) is complying with the national protocols and 15
national guidelines; and 16
(b) the institution and its governing body are complying 17
with any conditions of the authority. 18
(3) In deciding the application, the Minister may-- 19
(a) examine the operation of the institution both inside and 20
outside the State; and 21
(b) make any other enquiries the Minister considers 22
appropriate. 23
(4) Sections 45(5) to (8) and 46 apply to the making of a decision 24
under this section. 25
52 Term of renewed self-accrediting authority 26
A self-accrediting authority, renewed under section 51, 27
remains in force for the further term of not more than 5 years 28
stated in the notice given to the applicant for the renewal 29
under section 45(5) as applied by section 51(4). 30
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53 Conditions of a renewed self-accrediting authority 1
(1) Sections 48 and 49 apply to a self-accrediting authority 2
renewed under this division. 3
(2) For applying section 49-- 4
impose, a condition, includes change or confirm the condition. 5
54 Self-accrediting authority taken to be in force while 6
application is considered 7
(1) If an application for renewal of a self-accrediting authority is 8
made under section 50, the authority is taken to continue in 9
force from the day that it would, apart from this section, have 10
expired until-- 11
(a) if the Minister decides to renew the authority--the day a 12
notice about the decision is given to the applicant under 13
section 45(5) as applied by section 51(4); or 14
(b) if the Minister decides to refuse to renew the authority-- 15
(i) the last day to appeal against the decision; or 16
(ii) if an appeal is instituted against the decision--the 17
day the appeal is decided. 18
(2) Subsection (1) does not apply if the authority is earlier 19
cancelled. 20
Subdivision 3 Cancellation of self-accrediting 21
authority 22
55 Grounds for cancellation 23
(1) Each of the following is a ground for cancelling a 24
self-accrediting higher education institution's self-accrediting 25
authority-- 26
(a) the institution-- 27
(i) is not complying, or has not complied, with the 28
national protocols and national guidelines; or 29
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[s 56]
(ii) has contravened a condition of the authority; 1
(b) the governing body of the institution-- 2
(i) has contravened a condition of the authority; or 3
(ii) has accredited a course that was not within the 4
scope of its authority; or 5
(iii) has made a major change to the institution without 6
the Minister's approval under section 59; or 7
(iv) has not given the Minister an annual report under 8
section 65; 9
(c) the Minister's decision to grant or renew the authority 10
was based on false or misleading information. 11
(2) If the Minister reasonably believes a ground exists for 12
cancelling a self-accrediting authority, the Minister must 13
follow the process under part 9, division 1. 14
Subdivision 4 Changes to conditions of 15
self-accrediting authority 16
56 Changing conditions of self-accrediting authority 17
(1) The Minister may change the conditions of a self-accrediting 18
authority imposed by the Minister if the Minister reasonably 19
believes the change is appropriate. 20
(2) Before deciding to change the conditions, the Minister must-- 21
(a) give notice to the holder of the authority-- 22
(i) of the particulars of the proposed change; and 23
(ii) that the holder may make written submissions to 24
the Minister about the proposed change within a 25
reasonable period of at least 21 days stated in the 26
notice; and 27
(b) have regard to written submissions made to the Minister 28
by the holder before the end of the stated period. 29
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(3) If the Minister decides to change the conditions, the Minister 1
must as soon as practicable give the holder an information 2
notice about the decision. 3
(4) The decision does not take effect until-- 4
(a) the last day to appeal against the decision; or 5
(b) if an appeal is instituted against the decision--the day 6
the appeal is decided. 7
(5) The power of the Minister under subsection (1) includes the 8
power to add conditions to a self-accrediting authority that is 9
not subject to conditions imposed by the Minister. 10
Subdivision 5 Major changes to self-accrediting 11
higher education institution 12
57 Application for approval to make major change 13
(1) The governing body of a self-accrediting higher education 14
institution may apply to the Minister for approval to make a 15
major change to the institution. 16
(2) The application must-- 17
(a) be in writing; and 18
(b) include the information required to be provided under 19
the national guidelines; and 20
(c) be accompanied by the fee prescribed under a 21
regulation. 22
58 Meaning of major change 23
(1) A major change, to a self-accrediting higher education 24
institution, means a change that-- 25
(a) may affect the institution's capacity to comply with the 26
national protocols and national guidelines; and 27
(b) is described as a major change in the national 28
guidelines. 29
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(2) A major change includes-- 1
(a) a merger of the institution with another entity; or 2
(b) a change to the institution's corporate status; or 3
(c) a change in the ownership of, or shareholding in, the 4
institution; or 5
(d) a change that may result in a significant decline in the 6
financial position of the institution. 7
(3) A change to the scope of the institution's self-accrediting 8
authority is not a major change. 9
59 Decision on application 10
(1) The Minister must consider the application and either grant, 11
or refuse to grant, the application. 12
(2) The Minister may grant the application only if the Minister is 13
satisfied the institution will comply with the national 14
protocols and national guidelines after the change is effected. 15
(3) In deciding the application, the Minister may-- 16
(a) examine the operation of the institution both inside and 17
outside the State; and 18
(b) make any other enquiries the Minister considers 19
appropriate. 20
(4) If the Minister decides to grant the application, the Minister 21
must as soon as practicable give the applicant a notice 22
stating-- 23
(a) the decision; and 24
(b) the day by which the change must be effected. 25
(5) If the Minister decides to refuse to grant the application, the 26
Minister must as soon as practicable give the applicant an 27
information notice about the decision. 28
(6) Subject to subsection (7), if the Minister fails to decide the 29
application within 6 months after its receipt, the Minister is 30
taken to have decided to refuse to grant the application. 31
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(7) Section 46 applies to the making of a decision under this 1
section. 2
(8) In applying section 46-- 3
final consideration day means the day that is 6 months after 4
the application was received by the Minister. 5
Subdivision 6 Changes to scope of 6
self-accrediting authority 7
60 Procedural requirements for application 8
(1) The governing body of a self-accrediting higher education 9
institution may apply to the Minister for approval to change 10
the scope of the institution's self-accrediting authority. 11
(2) The application must-- 12
(a) be in writing; and 13
(b) state the proposed change to the scope of the authority; 14
and 15
(c) include the information required to be provided under 16
the national guidelines; and 17
(d) be accompanied by the fee prescribed under a 18
regulation. 19
(3) Section 44 applies to an application under this section. 20
61 Decision on application 21
(1) The Minister must consider the application and either grant, 22
or refuse to grant, the application. 23
(2) The Minister may grant the application only if the Minister is 24
satisfied the institution will comply with the national 25
protocols and national guidelines after the change is effected. 26
(3) In deciding the application, the Minister may-- 27
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Higher Education (General Provisions) Bill 2008
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[s 62]
(a) examine the operation of the institution both inside and 1
outside the State; and 2
(b) make any other enquiries the Minister considers 3
appropriate. 4
(4) If the Minister decides to grant the application, the Minister 5
must change the scope of the authority in the way mentioned 6
in the application. 7
(5) If the Minister decides to grant the application, the Minister 8
must as soon as practicable give the applicant notice of the 9
decision. 10
(6) If the Minister decides to refuse to grant the application, the 11
Minister must as soon as practicable give the applicant an 12
information notice about the decision. 13
(7) Subject to subsection (8), if the Minister fails to decide the 14
application within 12 months after its receipt, the Minister is 15
taken to have decided to refuse to grant the application. 16
(8) Section 46 applies to the making of a decision under this 17
section. 18
(9) In applying section 46-- 19
final consideration day means the day that is 12 months after 20
the application was received by the Minister. 21
62 Term of self-accrediting authority 22
The term of a self-accrediting authority is not affected by a 23
change to the scope of the authority. 24
63 Imposition of conditions 25
(1) The Minister may, in granting the application, decide to 26
impose conditions on the self-accrediting authority that are 27
relevant and reasonable. 28
(2) If the Minister decides to impose conditions on the authority, 29
the Minister must as soon as practicable give the applicant an 30
information notice about the decision. 31
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[s 64]
(3) In this section-- 1
impose, a condition, includes change or confirm the condition. 2
Subdivision 7 Other provisions 3
64 Conferring of higher education award by self-accrediting 4
higher education institution 5
(1) A self-accrediting higher education institution must not 6
confer, or hold out that the institution is authorised to confer, a 7
higher education award unless the course leading to the award 8
is accredited under the scope of the institution's 9
self-accrediting authority. 10
Maximum penalty--200 penalty units. 11
(2) A person must not hold out that a self-accrediting higher 12
education institution is authorised to confer a higher education 13
award unless the course leading to the award is accredited 14
under the scope of the institution's self-accrediting authority. 15
Maximum penalty--200 penalty units. 16
65 Annual report 17
(1) The governing body of a self-accrediting higher education 18
institution must, on or before 31 May in each year (the 19
reporting day), give the Minister a report (an annual report). 20
(2) The annual report must-- 21
(a) be given-- 22
(i) in the way required by the Minister; and 23
(ii) for the period from 1 January to 31 December 24
immediately before the reporting day; and 25
(b) contain information to help the Minister assess 26
whether-- 27
(i) the institution is-- 28
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[s 66]
(A) operating within the scope of its authority; 1
and 2
(B) complying with the national protocols and 3
national guidelines; and 4
(ii) the institution and its governing body are 5
complying with the conditions of the authority. 6
(3) The annual report must be accompanied by the assessment fee 7
prescribed under a regulation. 8
(4) The annual report is taken not to have been given until the 9
assessment fee is paid. 10
Division 3 Interstate self-accrediting higher 11
education institutions 12
66 Definitions for div 3 13
In this division-- 14
interstate self-accrediting authority means an authority under 15
an Act of the Commonwealth or another State for a higher 16
education institution to operate as a self-accrediting higher 17
education institution. 18
interstate self-accrediting higher education institution 19
means a higher education institution that holds an interstate 20
self-accrediting authority. 21
recognised self-accrediting authority see section 67(2). 22
scope, of an interstate self-accrediting authority, see section 23
67(3). 24
67 Operating under a recognised self-accrediting authority 25
(1) The governing body of an interstate self-accrediting higher 26
education institution that intends operating in the State must 27
give the Minister-- 28
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(a) a copy of the institution's interstate self-accrediting 1
authority and any other documents or information, 2
reasonably required by the Minister, including 3
documents or information about the authority's scope or 4
term; and 5
(b) notice of-- 6
(i) the institution's intention to operate in the State; 7
and 8
(ii) the place where the institution intends operating. 9
(2) The Minister must, as soon as practicable after receiving the 10
documents or information mentioned in subsection (1), give 11
the governing body a notice acknowledging the institution's 12
intention (a recognised self-accrediting authority). 13
(3) The recognised self-accrediting authority applies only to a 14
field of study or AQF qualification level for which the 15
institution's interstate self-accrediting authority is held (the 16
scope of the interstate self-accrediting authority). 17
68 Term of recognised self-accrediting authority 18
(1) A recognised self-accrediting authority remains in force, for 19
an interstate self-accrediting higher education institution, 20
while the institution's interstate self-accrediting authority 21
remains in force. 22
(2) Subsection (1) is subject to the withdrawal of the recognised 23
self-accrediting authority under section 71 and part 9, division 24
1. 25
69 Standard condition 26
(1) It is a condition (a standard condition) of a recognised 27
self-accrediting authority that the governing body of the 28
higher education institution that holds the authority-- 29
(a) allows the Minister to enter a place at any reasonable 30
time to examine the operation of the institution in the 31
State; and 32
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[s 70]
(b) complies with all reasonable requests by the Minister to 1
give the Minister information or records, or a copy of 2
records, the governing body is keeping, or has control 3
of, that are appropriate. 4
(2) The standard condition applies to help the Minister decide 5
whether the institution is complying with the national 6
protocols and national guidelines. 7
70 Notification of change to scope of authority 8
(1) The governing body of an interstate self-accrediting higher 9
education institution to which a recognised self-accrediting 10
authority relates must give the Minister notice of any change 11
to the scope of the institution's interstate self-accrediting 12
authority or the cancellation of that authority. 13
(2) The notice must be given within 14 days after the change 14
happens. 15
71 Grounds for withdrawal of recognised self-accrediting 16
authority 17
(1) Each of the following is a ground for withdrawing an 18
interstate self-accrediting higher education institution's 19
recognised self-accrediting authority-- 20
(a) the institution is not complying, or has not complied, 21
with the national protocols and national guidelines; 22
(b) the governing body of the institution-- 23
(i) has contravened the standard condition under 24
section 69; or 25
(ii) has not given the Minister notice of a change under 26
section 70. 27
(2) If the Minister reasonably believes a ground exists for 28
withdrawing a recognised self-accrediting authority, the 29
Minister must follow the process under part 9, division 1. 30
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Higher Education (General Provisions) Bill 2008
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colleges
[s 72]
72 Conferring of higher education award by interstate 1
self-accrediting higher education institution 2
(1) An interstate self-accrediting higher education institution 3
must not confer, or hold out that the institution is authorised to 4
confer, a higher education award in the State unless-- 5
(a) the institution holds a recognised self-accrediting 6
authority; and 7
(b) the course leading to the award is accredited under the 8
scope of the institution's interstate self-accrediting 9
authority. 10
Maximum penalty--200 penalty units. 11
(2) A person must not hold out that an interstate self-accrediting 12
higher education institution is authorised to confer a higher 13
education award unless the course leading to the award is 14
accredited under the scope of the institution's interstate 15
self-accrediting authority. 16
Maximum penalty--200 penalty units. 17
Part 4 Universities, specialised 18
universities, university 19
colleges and specialised 20
university colleges 21
Division 1 Preliminary 22
73 Definition for pt 4 23
In this part-- 24
national guidelines means the document entitled `National 25
Guidelines for Higher Education Approval 26
Processes--Guidelines for establishing Australian 27
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colleges
[s 74]
universities' that was approved by the Ministerial Council on 1
31 October 2007. 2
Division 2 Universities etc. (other than 3
interstate) 4
Subdivision 1 Application for approval 5
74 Procedural requirements for application 6
(1) The governing body of an entity may apply to the Minister for 7
approval that the entity is suitable to be established or 8
recognised in the State, under an Act, as-- 9
(a) a university; or 10
(b) a specialised university; or 11
(c) a university college; or 12
(d) a specialised university college. 13
(2) The application must-- 14
(a) be in writing; and 15
(b) include the information required to be provided under 16
the national guidelines; and 17
(c) be accompanied by the fee prescribed under a 18
regulation. 19
75 Public notification 20
As soon as practicable after receiving an application under 21
section 74, the Minister must carry out a public notification 22
process about the application as provided by the national 23
guidelines. 24
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Higher Education (General Provisions) Bill 2008
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[s 76]
76 Further information or document to support application 1
(1) The Minister may, by notice given to the applicant, require the 2
applicant to give the Minister, within the reasonable time of at 3
least 14 days stated in the notice, further information or a 4
document the Minister reasonably requires to decide the 5
application. 6
(2) The applicant is taken to have withdrawn the application if the 7
applicant does not comply with the requirement within the 8
stated time. 9
77 Decision on application 10
(1) The Minister must consider the application and either grant, 11
or refuse to grant, the application. 12
(2) The Minister may grant the application only if the Minister is 13
satisfied the entity will comply with the national protocols and 14
national guidelines on its establishment or recognition in the 15
State, under an Act, as-- 16
(a) a university; or 17
(b) a specialised university; or 18
(c) a university college; or 19
(d) a specialised university college. 20
(3) In deciding the application, the Minister may-- 21
(a) examine the proposed operation of the entity both inside 22
and outside the State; and 23
(b) make any other enquiries the Minister considers 24
appropriate. 25
(4) If the Minister decides to grant the application, the Minister 26
must as soon as practicable give the applicant notice of the 27
decision. 28
(5) If the Minister decides to refuse to grant the application, the 29
Minister must as soon as practicable give the applicant an 30
information notice about the decision. 31
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[s 78]
(6) If the Minister fails to decide the application within 18 months 1
after its receipt, the Minister is taken to have decided to refuse 2
to grant the application. 3
(7) Subsection (6) is subject to section 78. 4
78 Further consideration of application 5
(1) This section applies if the Minister considers further time is 6
needed to make a decision on the application because of the 7
complexity of the matters that need to be considered. 8
(2) The applicant and the Minister may at any time before the 9
final consideration day agree in writing on a day (the agreed 10
extended day) by which the decision is to be made. 11
(3) Also, the applicant and the Minister may at any time before 12
the agreed extended day again agree in writing on a day (the 13
further extended day) by which the decision is to be made. 14
(4) The Minister is taken to have decided to refuse to grant the 15
application if the Minister fails to make the decision by-- 16
(a) the agreed extended day; or 17
(b) if the applicant and the Minister have agreed on a further 18
extended day--the further extended day. 19
(5) In this section-- 20
final consideration day means the day that is 18 months after 21
the application was received by the Minister. 22
79 Imposition of conditions 23
(1) The Minister may, in granting the application, decide to 24
impose conditions on the approval that are relevant and 25
reasonable. 26
(2) If the Minister decides to impose conditions on the approval, 27
the Minister must as soon as practicable give the applicant an 28
information notice about the decision. 29
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Higher Education (General Provisions) Bill 2008
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colleges
[s 80]
Subdivision 2 Review of operation of university or 1
specialised university 2
80 Review 3
(1) The Minister may, after the fifth anniversary of the 4
establishment or recognition under an Act of a university or 5
specialised university, review the operation of the university 6
or specialised university. 7
(2) The review must involve a consideration of whether the 8
university or specialised university is complying with the 9
national protocols and national guidelines. 10
(3) In conducting the review, the Minister may examine the 11
operation of the university or specialised university both 12
inside and outside the State. 13
Division 3 Interstate universities etc. 14
81 Recognised authority for interstate higher education 15
institutions 16
(1) Each of the following higher education institutions is taken to 17
hold an authority to operate the institution in the State (a 18
recognised authority)-- 19
(a) an interstate university; 20
(b) an interstate specialised university; 21
(c) an interstate university college; 22
(d) an interstate specialised university college. 23
(2) Subsection (1) is subject to the withdrawal of the recognised 24
authority under section 83 and part 9, division 1. 25
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[s 82]
82 Standard condition 1
(1) It is a condition (a standard condition) of a recognised 2
authority that the governing body of the higher education 3
institution that holds the authority-- 4
(a) allows the Minister to enter a place at any reasonable 5
time to examine the operation of the institution in the 6
State; and 7
(b) complies with all reasonable requests by the Minister to 8
give the Minister information or records, or a copy of 9
records, the governing body is keeping, or has control 10
of, that are appropriate. 11
(2) The standard condition applies to help the Minister decide 12
whether the institution is complying with the national 13
protocols and national guidelines. 14
83 Grounds for withdrawal of recognised authority 15
(1) Each of the following is a ground for withdrawing a higher 16
education institution's recognised authority-- 17
(a) the institution is not complying, or has not complied, 18
with the national protocols and national guidelines; 19
(b) the governing body of the institution has contravened 20
the standard condition under section 82. 21
(2) If the Minister reasonably believes a ground exists for 22
withdrawing a recognised authority, the Minister must follow 23
the process under part 9, division 1. 24
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Higher Education (General Provisions) Bill 2008
Part 5 Overseas higher education institutions
[s 84]
Part 5 Overseas higher education 1
institutions 2
Division 1 Preliminary 3
84 Definition for pt 5 4
In this part-- 5
national guidelines means the document entitled `National 6
Guidelines for Higher Education Approval 7
Processes--Guidelines for overseas higher education 8
institutions seeking to operate in Australia' that was approved 9
by the Ministerial Council on 31 October 2007. 10
85 Limitation on operation of overseas higher education 11
institution 12
An overseas higher education institution must not offer a 13
higher education course in the State unless the course is 14
offered under an approval under this part. 15
Maximum penalty--200 penalty units. 16
Division 2 Application for approval 17
86 Procedural requirements for application 18
(1) The governing body of an overseas higher education 19
institution may apply to the Minister for approval for the 20
institution to operate in the State. 21
(2) The application must-- 22
(a) be in writing; and 23
(b) state the courses the institution proposes to offer in the 24
State; and 25
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[s 87]
(c) if a course is to be offered under an arrangement with a 1
partner or agent of the institution--state the name of the 2
partner or agent and details of the arrangement; and 3
(d) include the information required to be provided under 4
the national guidelines; and 5
(e) be accompanied by the fee prescribed under a 6
regulation. 7
87 Further information or document to support application 8
(1) The Minister may, by notice given to the applicant, require the 9
applicant to give the Minister, within the reasonable time of at 10
least 14 days stated in the notice, further information or a 11
document the Minister reasonably requires to decide the 12
application. 13
(2) The applicant is taken to have withdrawn the application if the 14
applicant does not comply with the requirement within the 15
stated time. 16
88 Decision on application 17
(1) The Minister must consider the application and either grant, 18
or refuse to grant, the application. 19
(2) The Minister may grant the application only if the Minister is 20
satisfied the entity complies with the national protocols and 21
national guidelines. 22
(3) In deciding the application, the Minister may-- 23
(a) examine the proposed operation of the entity in the 24
State; and 25
(b) make any other enquiries the Minister considers 26
appropriate. 27
(4) If the Minister decides to grant the application, the Minister 28
must-- 29
(a) decide the courses for which the approval is to be given; 30
and 31
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[s 89]
(b) if a course is to be offered under an arrangement with a 1
partner or agent of the institution--approve the partner 2
or agent and details of the arrangement. 3
(5) If the Minister decides to grant the application, the Minister 4
must as soon as practicable give the applicant notice of the 5
decision. 6
(6) If the Minister decides to refuse to grant the application, the 7
Minister must as soon as practicable give the applicant an 8
information notice about the decision. 9
(7) If the Minister fails to decide the application within 18 months 10
after its receipt, the Minister is taken to have decided to refuse 11
to grant the application. 12
(8) Subsection (7) is subject to section 89. 13
89 Further consideration of application 14
(1) This section applies if the Minister considers further time is 15
needed to make a decision on the application because of the 16
complexity of the matters that need to be considered. 17
(2) The applicant and the Minister may at any time before the 18
final consideration day agree in writing on a day (the agreed 19
extended day) by which the decision is to be made. 20
(3) Also, the applicant and the Minister may at any time before 21
the agreed extended day again agree in writing on a day (the 22
further extended day) by which the decision is to be made. 23
(4) The Minister is taken to have decided to refuse to grant the 24
application if the Minister fails to make the decision by-- 25
(a) the agreed extended day; or 26
(b) if the applicant and the Minister have agreed on a further 27
extended day--the further extended day. 28
(5) In this section-- 29
final consideration day means the day that is 18 months after 30
the application was received by the Minister. 31
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Higher Education (General Provisions) Bill 2008
Part 5 Overseas higher education institutions
[s 90]
90 Term of approval 1
An approval under section 88 remains in force for the term of 2
not more than 5 years stated in the notice given to the 3
applicant for the approval under section 88(5). 4
91 Standard condition 5
(1) It is a condition (a standard condition) of an approval under 6
section 88 that the governing body of the overseas higher 7
education institution that holds the approval-- 8
(a) allows the Minister to enter a place at any reasonable 9
time to examine the operation of the institution in the 10
State; and 11
(b) complies with all reasonable requests by the Minister to 12
give the Minister information or records, or a copy of 13
the records, the governing body is keeping, or has 14
control of, that are appropriate. 15
(2) The standard condition applies to help the Minister decide 16
whether-- 17
(a) the institution is complying with the national protocols 18
and national guidelines; or 19
(b) the institution and its governing body are complying 20
with any other conditions of the approval. 21
92 Imposition of conditions 22
(1) The Minister may, in granting the application, decide to 23
impose conditions on the approval that are relevant and 24
reasonable. 25
(2) If the Minister decides to impose conditions on the approval, 26
the Minister must as soon as practicable give the applicant an 27
information notice about the decision. 28
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Higher Education (General Provisions) Bill 2008
Part 5 Overseas higher education institutions
[s 93]
Division 3 Renewal of approval 1
93 Procedural requirements for applying for renewal 2
(1) The governing body of an overseas higher education 3
institution that holds an approval under section 88 may apply 4
to the Minister for renewal of the approval within the period 5
starting 18 months, and ending 9 months, before the term of 6
the approval ends. 7
(2) The application must-- 8
(a) be in writing; and 9
(b) include the information required to be provided under 10
the national guidelines; and 11
(c) be accompanied by the fee prescribed under a 12
regulation. 13
(3) Section 87 applies to an application under this section. 14
Note-- 15
See section 128 in relation to the operation of applied provisions. 16
94 Decision on application 17
(1) The Minister must consider the application and either grant, 18
or refuse to grant, the application. 19
(2) The Minister may grant the application only if the Minister is 20
satisfied-- 21
(a) the institution is complying with the national protocols 22
and national guidelines; and 23
(b) the institution and its governing body are complying 24
with any conditions of the approval. 25
(3) In deciding the application, the Minister may-- 26
(a) examine the operation of the institution in the State; and 27
(b) make any other enquiries the Minister considers 28
appropriate. 29
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Higher Education (General Provisions) Bill 2008
Part 5 Overseas higher education institutions
[s 95]
(4) Sections 88(5) to (8) and 89 apply to the making of a decision 1
under this section. 2
95 Term of renewed approval 3
An approval renewed under section 94 remains in force for the 4
further term of not more than 5 years stated in the notice given 5
to the applicant for the renewal under section 88(5) as applied 6
by section 94(4). 7
96 Conditions of a renewed approval 8
(1) Sections 91 and 92 apply to an approval renewed under this 9
division. 10
(2) For applying section 92-- 11
impose, a condition, includes change or confirm the condition. 12
97 Approval taken to be in force while application is 13
considered 14
(1) If an application is made under section 93, the applicant's 15
approval under this part is taken to continue in force from the 16
day that it would, apart from this section, have expired until-- 17
(a) if the Minister decides to renew the approval--the day a 18
notice about the decision is given to the applicant under 19
section 88(5) as applied by section 94(4); or 20
(b) if the Minister decides to refuse to renew the approval-- 21
(i) the last day to appeal against the decision; or 22
(ii) if an appeal is instituted against the decision--the 23
day the appeal is decided. 24
(2) Subsection (1) does not apply if the approval is earlier 25
cancelled. 26
Page 56
Higher Education (General Provisions) Bill 2008
Part 5 Overseas higher education institutions
[s 98]
Division 4 Cancellation of approval 1
98 Grounds for cancellation 2
(1) Each of the following is a ground for cancelling an overseas 3
higher education institution's approval under this part to 4
operate in the State-- 5
(a) the institution-- 6
(i) is not complying, or has not complied, with the 7
national protocols and national guidelines; or 8
(ii) has contravened a condition of the approval; 9
(b) the governing body of the institution-- 10
(i) has contravened a condition of the approval; or 11
(ii) has made a major change to the operation of the 12
institution in the State without the Minister's 13
approval under section 102; or 14
(iii) has not given the Minister notice of a change under 15
section 103; or 16
(iv) has not given the Minister an annual report under 17
section 105; 18
(c) the Minister's decision to grant or renew the approval 19
was based on false or misleading information. 20
(2) If the Minister reasonably believes a ground exists for 21
cancelling an approval under this part, the Minister must 22
follow the process under part 9, division 1. 23
Division 5 Changes to conditions of approval 24
99 Changing conditions of approval 25
(1) The Minister may change the conditions of an approval under 26
this part imposed by the Minister if the Minister reasonably 27
believes the change is appropriate. 28
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Higher Education (General Provisions) Bill 2008
Part 5 Overseas higher education institutions
[s 100]
(2) Before deciding to change the conditions, the Minister must-- 1
(a) give notice to the holder of the approval-- 2
(i) of the particulars of the proposed change; and 3
(ii) that the holder may make written submissions to 4
the Minister about the proposed change within a 5
reasonable period of at least 21 days stated in the 6
notice; and 7
(b) have regard to written submissions made to the Minister 8
by the holder before the end of the stated period. 9
(3) If the Minister decides to change the conditions, the Minister 10
must as soon as practicable give the holder an information 11
notice about the decision. 12
(4) The decision does not take effect until-- 13
(a) the last day to appeal against the decision; or 14
(b) if an appeal is instituted against the decision--the day 15
the appeal is decided. 16
(5) The power of the Minister under subsection (1) includes the 17
power to add conditions to an approval that is not subject to 18
conditions imposed by the Minister. 19
Division 6 Major changes to overseas higher 20
education institutions 21
100 Application for approval to make major change 22
(1) The governing body of an overseas higher education 23
institution that holds an approval under this part may apply to 24
the Minister for approval to make a major change to the 25
operation of the institution in the State. 26
(2) The application must-- 27
(a) be in writing; and 28
(b) include the information required to be provided under 29
the national guidelines; and 30
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Higher Education (General Provisions) Bill 2008
Part 5 Overseas higher education institutions
[s 101]
(c) be accompanied by the fee prescribed under a 1
regulation. 2
101 Meaning of major change 3
(1) A major change, to the operation of an overseas higher 4
education institution in the State, means a change that-- 5
(a) may affect the institution's capacity to comply with the 6
national protocols and national guidelines; and 7
(b) is described as a major change in the national 8
guidelines. 9
(2) A major change includes-- 10
(a) a merger of the institution, in the State, with another 11
entity; or 12
(b) a change to offer a course other than a course approved 13
under this part; or 14
(c) a change in the arrangement under which a course is 15
approved to be offered, including the addition of a new 16
partner or agent; or 17
(d) a change that may result in a significant decline in the 18
financial position of the institution. 19
102 Decision on application 20
(1) The Minister must consider the application and either grant, 21
or refuse to grant, the application. 22
(2) The Minister may grant the application only if the Minister is 23
satisfied the institution will comply with the national 24
protocols and national guidelines after the change is effected. 25
(3) In deciding the application, the Minister may-- 26
(a) examine the operation of the institution in the State; and 27
(b) make any other enquiries the Minister considers 28
appropriate. 29
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Higher Education (General Provisions) Bill 2008
Part 5 Overseas higher education institutions
[s 103]
(4) If the Minister decides to grant the application, the Minister 1
must as soon as practicable give the applicant a notice 2
stating-- 3
(a) the decision; and 4
(b) the day by which the change must be effected. 5
(5) If the Minister decides to refuse to grant the application, the 6
Minister must as soon as practicable give the applicant an 7
information notice about the decision. 8
(6) Subject to subsection (7), if the Minister fails to decide the 9
application within 6 months after its receipt, the Minister is 10
taken to have decided to refuse to grant the application. 11
(7) Section 89 applies to the making of a decision under this 12
section. 13
(8) In applying section 89-- 14
final consideration day means the day that is 6 months after 15
the application was received by the Minister. 16
Division 7 Other changes to overseas higher 17
education institutions 18
103 Notification of other changes to overseas higher 19
education institutions 20
(1) The governing body of an overseas higher education 21
institution that holds an approval under this part must give the 22
Minister notice of the following-- 23
(a) a change to-- 24
(i) the status or approval of the institution in its 25
country of origin; or 26
(ii) the basis on which the institution is established or 27
operates in its country of origin; 28
(b) a change to-- 29
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Higher Education (General Provisions) Bill 2008
Part 5 Overseas higher education institutions
[s 104]
(i) the status or approval of a course offered by the 1
institution in its country of origin; or 2
(ii) the basis on which the institution offers a course in 3
its country of origin; 4
if the course is also offered in the State; 5
(c) a merger of the institution with another entity in the 6
institution's country of origin. 7
(2) The notice must be given within 14 days after the change or 8
merger happens. 9
Division 8 Other provisions 10
104 Conferring of higher education award by overseas higher 11
education institution 12
(1) An overseas higher education institution must not confer, or 13
hold out that the institution is authorised to confer, a higher 14
education award unless the institution is approved, under this 15
part, to offer the course leading to the award. 16
Maximum penalty--200 penalty units. 17
(2) A person must not hold out that an overseas higher education 18
institution is authorised to confer a higher education award 19
unless the institution is approved, under this part, to offer the 20
course leading to the award. 21
Maximum penalty--200 penalty units. 22
105 Annual report 23
(1) The governing body of an overseas higher education 24
institution must, on or before 31 May in each year (the 25
reporting day), give the Minister a report (an annual report). 26
(2) The annual report must-- 27
(a) be given-- 28
(i) in the way required by the Minister; and 29
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Higher Education (General Provisions) Bill 2008
Part 6 Appeals
[s 106]
(ii) for the period from 1 January to 31 December 1
immediately before the reporting day; and 2
(b) contain information to help the Minister assess 3
whether-- 4
(i) the institution is-- 5
(A) operating within its approval; and 6
(B) complying with the national protocols and 7
national guidelines; and 8
(ii) the institution and its governing body are 9
complying with the conditions of the approval. 10
(3) The annual report must be accompanied by the assessment fee 11
prescribed under a regulation. 12
(4) The annual report is taken not to have been given until the 13
assessment fee is paid. 14
Part 6 Appeals 15
106 Who may appeal 16
A person (the appellant) who is given, or is entitled to be 17
given, an information notice for a decision of the Minister (the 18
original decision) may appeal against the decision to the 19
District Court. 20
Note-- 21
The Uniform Civil Procedure Rules 1999 contain provisions about 22
appeals to the District Court. 23
107 Starting appeals 24
(1) The appeal may be started at-- 25
(a) the District Court at the place where the appellant 26
resides or carries on business; or 27
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Higher Education (General Provisions) Bill 2008
Part 6 Appeals
[s 108]
(b) the District Court at Brisbane. 1
(2) Subsection (1) does not limit the District Court at which the 2
appeal may be started under the Uniform Civil Procedure 3
Rules 1999. 4
(3) The notice of appeal under the Uniform Civil Procedure Rules 5
1999 must be filed with the registrar of the court within 28 6
days after-- 7
(a) if the appellant is given an information notice for the 8
original decision--the day the appellant is given the 9
notice; or 10
(b) if paragraph (a) does not apply--the day the person 11
otherwise becomes aware of the original decision. 12
(4) The court may, at any time, extend the period for filing the 13
notice of appeal. 14
108 Hearing procedures 15
(1) In deciding the appeal, the court-- 16
(a) has the same powers as the Minister; and 17
(b) is not bound by the rules of evidence; and 18
(c) must comply with natural justice. 19
(2) The appeal is by way of rehearing, unaffected by the original 20
decision, on the material before the Minister and any further 21
evidence allowed by the court. 22
109 Powers of court on appeal 23
(1) In deciding the appeal, the court may-- 24
(a) confirm the original decision; or 25
(b) amend the original decision; or 26
(c) substitute another decision for the original decision; or 27
Page 63
Higher Education (General Provisions) Bill 2008
Part 7 Evidence and legal proceedings
[s 110]
(d) set aside the original decision and return the issue to the 1
Minister with the directions the court considers 2
appropriate. 3
(2) In substituting another decision for the original decision, the 4
court has the same powers as the Minister. 5
Example-- 6
If a non self-accrediting higher education institution is unsuccessful in 7
obtaining, under section 24, accreditation of a course proposed to be 8
offered by the institution, the court may decide that the course be 9
accredited on particular conditions. 10
(3) If the court amends the original decision or substitutes another 11
decision for the original decision, the amended or substituted 12
decision is, for this Act, other than this part, taken to be the 13
decision of the Minister. 14
Part 7 Evidence and legal 15
proceedings 16
Division 1 Evidence 17
110 Evidentiary aids 18
(1) This section applies to a proceeding under this Act. 19
(2) A certificate purporting to be signed by the chief executive 20
and stating any of the following matters is evidence of the 21
matter-- 22
(a) a stated document is one of the following things made, 23
issued, given or kept under this Act-- 24
(i) an accreditation, approval, authority, decision or 25
registration; 26
(ii) a notice; 27
(iii) a report; 28
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Higher Education (General Provisions) Bill 2008
Part 7 Evidence and legal proceedings
[s 111]
(b) a stated document is a copy of a thing mentioned in 1
paragraph (a); 2
(c) an accreditation, approval, authority or registration 3
issued or given under this Act-- 4
(i) was or was not issued or given for a stated term; or 5
(ii) was or was not in force on a stated day or during a 6
stated period; or 7
(iii) was or was not subject to a stated condition; 8
(d) on a stated day, an accreditation, approval, authority or 9
registration issued or given under this Act was cancelled 10
or withdrawn; 11
(e) on a stated day, a stated entity was given a stated notice 12
under this Act. 13
(3) A statement in a complaint for an offence against this Act that 14
the matter of the complaint came to the knowledge of the 15
complainant on a stated day is evidence of when the matter 16
came to the complainant's knowledge. 17
Division 2 Proceedings 18
111 Summary proceedings for offences 19
(1) Proceedings for an offence against this Act must be taken in a 20
summary way under the Justices Act 1886. 21
(2) The proceeding must start within whichever is the longer of 22
the following-- 23
(a) 1 year after the commission of the offence; 24
(b) 6 months after the offence comes to the complainant's 25
knowledge, but within 2 years after the commission of 26
the offence. 27
Page 65
Higher Education (General Provisions) Bill 2008
Part 7 Evidence and legal proceedings
[s 112]
112 Responsibility for acts or omissions of representatives 1
(1) This section applies in a proceeding for an offence against this 2
Act. 3
(2) If it is relevant to prove a person's state of mind about a 4
particular act or omission, it is enough to show-- 5
(a) the act was done or omitted to be done by a 6
representative of the person within the scope of the 7
representative's actual or apparent authority; and 8
(b) the representative had the state of mind. 9
(3) An act done or omitted to be done for a person by a 10
representative of the person within the scope of the 11
representative's actual or apparent authority is taken to have 12
been done or omitted to be done also by the person, unless the 13
person proves the person could not, by the exercise of 14
reasonable diligence, have prevented the act or omission. 15
(4) In this section-- 16
representative means-- 17
(a) for a corporation--an executive officer, employee or 18
agent of the corporation; or 19
(b) for an individual--an employee or agent of the 20
individual. 21
state of mind, of a person, includes-- 22
(a) the person's knowledge, intention, opinion, belief or 23
purpose; and 24
(b) the person's reasons for the intention, opinion, belief or 25
purpose. 26
113 Executive officers must ensure corporation complies 27
with Act 28
(1) The executive officers of a corporation must ensure the 29
corporation complies with this Act. 30
(2) If a corporation commits an offence against a provision of this 31
Act, each of the corporation's executive officers also commits 32
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Higher Education (General Provisions) Bill 2008
Part 8 Offences
[s 114]
an offence, namely, the offence of failing to ensure the 1
corporation complies with the provision. 2
Maximum penalty--the penalty for the contravention of the 3
provision by an individual. 4
(3) Evidence that the corporation has been convicted of an 5
offence against a provision of this Act is evidence that each of 6
the executive officers committed the offence of failing to 7
ensure the corporation complies with the provision. 8
(4) However, it is a defence for an executive officer to prove-- 9
(a) if the officer was in a position to influence the conduct 10
of the corporation in relation to the offence, the officer 11
exercised reasonable diligence to ensure the corporation 12
complied with the provision; or 13
(b) otherwise, the officer was not in a position to influence 14
the conduct of the corporation in relation to the offence. 15
Part 8 Offences 16
114 Definitions for pt 8 17
In this part-- 18
relevant educational institution means an educational 19
institution, educational facility, school, college or other place 20
that delivers a course of education. 21
type of specialisation-- 22
(a) for a specialised university or specialised university 23
college, means the field of study for which, under an 24
Act, the specialised university or specialised university 25
college was established or recognised; or 26
(b) for an interstate specialised university or interstate 27
specialised university college, means the field of study 28
for which, under an Act of the Commonwealth or 29
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Higher Education (General Provisions) Bill 2008
Part 8 Offences
[s 115]
another State, the interstate specialised university or 1
interstate specialised university college was established 2
or recognised. 3
115 Self-accrediting higher education institution 4
(1) A person must not, in relation to a relevant educational 5
institution, use a title that consists of, or includes, the words 6
`self-accrediting higher education institution' to promote the 7
institution's operation in the State unless it is-- 8
(a) a self-accrediting higher education institution; or 9
(b) an interstate self-accrediting higher education institution 10
that holds a recognised self-accrediting authority. 11
Maximum penalty--200 penalty units. 12
(2) A person must not hold out a relevant educational institution 13
as being a self-accrediting higher education institution 14
operating in the State unless it is-- 15
(a) a self-accrediting higher education institution; or 16
(b) an interstate self-accrediting higher education institution 17
that holds a recognised self-accrediting authority. 18
Maximum penalty--200 penalty units. 19
(3) A person must not, in relation to a self-accrediting higher 20
education institution, hold out that the institution is authorised 21
to operate in a way that is outside the scope of its 22
self-accrediting authority. 23
Maximum penalty--200 penalty units. 24
(4) A person must not, in relation to an interstate self-accrediting 25
higher education institution that holds a recognised 26
self-accrediting authority, hold out that the institution is 27
authorised to operate in the State in a way that is outside the 28
scope of its recognised self-accrediting authority. 29
Maximum penalty--200 penalty units. 30
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Higher Education (General Provisions) Bill 2008
Part 8 Offences
[s 116]
116 University title 1
(1) A person must not, in relation to a relevant educational 2
institution, use a title that consists of, or includes, the word 3
`university' unless it is-- 4
(a) a university; or 5
(b) an interstate university; or 6
(c) an overseas university. 7
Maximum penalty--200 penalty units. 8
(2) A person does not commit an offence against subsection (1) 9
by using-- 10
(a) in relation to a specialised university, or an interstate 11
specialised university, a title that includes its type of 12
specialisation; or 13
Example of title that includes type of specialisation-- 14
The Brisbane University of the Performing Arts 15
(b) in relation to a university college, or an interstate 16
university college, a title that includes the words 17
`university college'; or 18
(c) in relation to a specialised university college, or an 19
interstate specialised university college, a title that 20
includes its type of specialisation and the words 21
`university college'. 22
Example of title that includes type of specialisation and words 23
`university college'-- 24
The Townsville University College of Marine Biology 25
(3) A person must not hold out a relevant educational institution 26
as being a university unless it is-- 27
(a) a university; or 28
(b) an interstate university; or 29
(c) an overseas university. 30
Maximum penalty--200 penalty units. 31
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Higher Education (General Provisions) Bill 2008
Part 8 Offences
[s 117]
(4) A person does not commit an offence against subsection (3) 1
by holding out-- 2
(a) a specialised university, or an interstate specialised 3
university, as a university for the field of study that is its 4
type of specialisation; or 5
(b) a university college, or an interstate university college, 6
as a university college; or 7
(c) a specialised university college, or an interstate 8
specialised university college, as a university college for 9
the field of study that is its type of specialisation. 10
(5) Subsections (1) and (3) do not apply in relation to the 11
educational institution known as `University of the Third 12
Age'. 13
117 Specialised university title 14
A person must not, in relation to a specialised university or an 15
interstate specialised university, use a title to identify the 16
specialised university or interstate specialised university, 17
unless the title includes its type of specialisation. 18
Example of title that includes type of specialisation-- 19
The Brisbane University of the Performing Arts 20
Maximum penalty--200 penalty units. 21
118 University college title 22
A person must not, in relation to a university college or an 23
interstate university college, use a title to identify the 24
university college or interstate university college unless the 25
title includes the words `university college'. 26
Maximum penalty--200 penalty units. 27
119 Specialised university college title 28
(1) A person must not, in relation to a specialised university 29
college or an interstate specialised university college, use a 30
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Higher Education (General Provisions) Bill 2008
Part 8 Offences
[s 120]
title to identify the specialised university college or interstate 1
specialised university college, unless the title includes its type 2
of specialisation and the words `university college'. 3
Example of title that includes type of specialisation and words `university 4
college'-- 5
The Townsville University College of Marine Biology 6
Maximum penalty--200 penalty units. 7
120 Restriction on operating a higher education institution 8
A person must not operate, or hold out that the person 9
operates, a higher education institution in the State unless the 10
institution is-- 11
(a) a non self-accrediting higher education institution; or 12
(b) a self-accrediting higher education institution; or 13
(c) an interstate self-accrediting higher education institution 14
that holds a recognised self-accrediting authority; or 15
(d) a university, specialised university, university college or 16
specialised university college; or 17
(e) an interstate university, interstate specialised university, 18
interstate university college or interstate specialised 19
university college that holds a recognised authority; or 20
(f) an overseas higher education institution that holds an 21
approval under part 5. 22
Maximum penalty--200 penalty units. 23
121 Conferring of higher education award without course 24
being undertaken 25
(1) A person, other than a relevant entity, must not confer a higher 26
education award on another person unless the other person has 27
undertaken a course leading to the award. 28
Maximum penalty--200 penalty units. 29
(2) In this section-- 30
Page 71
Higher Education (General Provisions) Bill 2008
Part 9 Miscellaneous provisions
[s 122]
relevant entity means-- 1
(a) a university; or 2
(b) a specialised university; or 3
(c) an interstate university that holds a recognised authority; 4
or 5
(d) an interstate specialised university that holds a 6
recognised authority; or 7
(e) an overseas university that holds an approval under part 8
5. 9
Part 9 Miscellaneous provisions 10
Division 1 Show cause process 11
122 Definitions for div 1 12
In this division-- 13
cancel, for a recognised self-accrediting authority or a 14
recognised authority, means withdraw. 15
relevant authority means-- 16
(a) a registration as a non self-accrediting higher education 17
institution; or 18
(b) the accreditation of an accredited course; or 19
(c) a self-accrediting authority; or 20
(d) a recognised self-accrediting authority; or 21
(e) a recognised authority; or 22
(f) an approval to operate an overseas higher education 23
institution in the State. 24
Page 72
Higher Education (General Provisions) Bill 2008
Part 9 Miscellaneous provisions
[s 123]
123 Application of div 1 1
This division applies if the Minister reasonably believes a 2
ground exists for cancelling a relevant authority. 3
124 Show cause notice 4
(1) The Minister must give the holder of the relevant authority a 5
notice under this section (a show cause notice). 6
(2) The show cause notice must state the following-- 7
(a) that the Minister proposes to cancel the relevant 8
authority (the proposed action); 9
(b) the ground for the proposed action; 10
(c) an outline of the facts and circumstances forming the 11
basis for the ground; 12
(d) an invitation to the holder to show within a stated period 13
(the show cause period) why the proposed action should 14
not be taken. 15
(3) The show cause period must be a period ending at least 30 16
days after the show cause notice is given to the holder. 17
125 Representations about show cause notice 18
(1) The holder of the relevant authority may make written 19
representations about the show cause notice to the Minister in 20
the show cause period. 21
(2) The Minister must consider all written representations (the 22
accepted representations) made under subsection (1). 23
126 Ending show cause process without further action 24
If, after considering the accepted representations for the show 25
cause notice, the Minister no longer believes the ground exists 26
to cancel the relevant authority, the Minister-- 27
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Higher Education (General Provisions) Bill 2008
Part 9 Miscellaneous provisions
[s 127]
(a) must not take further action about the show cause 1
notice; and 2
(b) must, as soon as practicable, give notice to the holder of 3
the relevant authority that no further action will be taken 4
about the show cause notice. 5
127 Cancellation of relevant authority 6
(1) This section applies if, after considering the accepted 7
representations for the show cause notice, the Minister-- 8
(a) still believes the ground exists to cancel the relevant 9
authority; and 10
(b) believes cancellation of the relevant authority is 11
warranted. 12
(2) This section also applies if there are no accepted 13
representations for the show cause notice. 14
(3) The Minister may decide to cancel the relevant authority. 15
(4) The Minister must, as soon as practicable, give an information 16
notice about the decision to the holder of the relevant 17
authority. 18
(5) The decision does not take effect until-- 19
(a) the last day to appeal against the decision; or 20
(b) if an appeal is instituted against the decision--the day 21
the appeal is decided. 22
Division 2 Other provisions 23
128 Applied provisions 24
If a provision of this Act (an applied provision) applies under 25
another provision, the applied provision must be read with the 26
changes necessary or convenient for the other provision to 27
have effect. 28
Page 74
Higher Education (General Provisions) Bill 2008
Part 9 Miscellaneous provisions
[s 129]
Example of applied provision-- 1
Section 15 applies section 9 (an applied provision) to an application 2
under section 15. Section 9 applies as if a reference in section 9 to an 3
application were a reference to an application under section 15. 4
129 Protection from liability 5
(1) The Minister does not incur civil liability for an act done, or 6
omission made, honestly and without negligence under this 7
Act. 8
(2) If subsection (1) prevents a civil liability attaching to the 9
Minister, the liability attaches instead to the State. 10
130 Disclosure of information to relevant entities 11
(1) The Minister may disclose information to a relevant entity 12
if-- 13
(a) the information was obtained in the course of the 14
administration of this Act or the repealed Act; and 15
(b) the Minister considers the disclosure is necessary for the 16
relevant entity to perform its functions. 17
(2) In this section-- 18
relevant entity means any of the following-- 19
(a) an entity listed as a government accreditation authority 20
on the AQF Register; 21
(b) a designated authority under the Education Services for 22
Overseas Students Act 2000 (Cwlth); 23
(c) a person involved in the administration of the Education 24
Services for Overseas Students Act 2000 (Cwlth); 25
(d) a person involved in the administration of the Higher 26
Education Support Act 2003 (Cwlth). 27
Page 75
Higher Education (General Provisions) Bill 2008
Part 9 Miscellaneous provisions
[s 131]
131 Committees and other sources of advice 1
(1) The Minister may establish 1 or more committees to advise 2
the Minister on-- 3
(a) deciding applications under this Act; and 4
(b) any other matter under this Act referred to the 5
committee by the Minister. 6
(2) The Minister may also seek advice on a matter under this Act 7
from any other person the Minister considers has appropriate 8
knowledge or experience of the matter. 9
132 Guidelines 10
(1) The Minister may issue guidelines for this Act. 11
(2) Without limiting subsection (1), a guideline may give 12
guidance about-- 13
(a) administrative matters relevant to applications under this 14
Act; or 15
(b) how an applicant under this Act should deal with issues 16
involved in the proper formulation of the application or 17
supporting material related to the application; or 18
(c) the type of information to be included in an annual 19
report given under section 40, 65 or 105. 20
(3) A guideline may be replaced or varied by a later guideline 21
issued under this section. 22
(4) The chief executive must keep a copy of a guideline, issued 23
under this section, available for inspection and permit a 24
person-- 25
(a) to inspect the guideline without fee; and 26
(b) to take extracts from the guideline without fee. 27
(5) For subsection (4)-- 28
(a) a copy of the guideline-- 29
(i) must be kept at the head office of the department; 30
and 31
Page 76
Higher Education (General Provisions) Bill 2008
Part 9 Miscellaneous provisions
[s 133]
(ii) may be kept at any other place the chief executive 1
considers appropriate; and 2
(b) the copy kept under paragraph (a) must be available for 3
inspection during office hours on business days for the 4
office or place. 5
(6) Also, the chief executive must keep a copy of a guideline, 6
issued under this section, available for supply to a person and 7
permit a person to obtain a copy of the guideline, or a part of 8
the guideline, without fee. 9
(7) In addition, the chief executive must keep a copy of a 10
guideline, issued under this section, posted on the 11
department's website. 12
Editor's note-- 13
The department's website address is . 14
133 Delegation by Minister 15
(1) The Minister may delegate the Minister's functions under this 16
Act to an appropriately qualified public service employee. 17
(2) In this section-- 18
appropriately qualified, for a public service employee to 19
whom a function may be delegated, includes having the 20
qualifications, experience or standing appropriate for the 21
function. 22
Example of standing for a public service employee-- 23
the employee's classification or level in a department 24
functions includes powers. 25
134 Annual report 26
As soon as practicable after the end of each financial year, the 27
Minister must prepare a report about the operation of this Act 28
during that year and lay a copy of the report before the 29
Legislative Assembly. 30
Page 77
Higher Education (General Provisions) Bill 2008
Part 9 Miscellaneous provisions
[s 135]
135 Failure to decide application 1
(1) This section applies if, under this Act, the Minister is taken to 2
have decided to refuse to grant an application. 3
(2) To remove any doubt, it is declared the Minister must as soon 4
as practicable give the applicant an information notice about 5
the decision. 6
136 Approval of forms 7
The Minister may approve forms for use under this Act. 8
137 Regulation-making power 9
(1) The Governor in Council may make regulations under this 10
Act. 11
(2) Without limiting subsection (1), a regulation may be made 12
about the following-- 13
(a) the fees payable under this Act and the matters for 14
which fees are to be paid, including fees for the Minister 15
to do either of the following in deciding an 16
application-- 17
(i) examine the operation or proposed operation of a 18
higher education institution; 19
(ii) make any other enquiries the Minister considers 20
appropriate; 21
(b) the recovery, waiving or refunding of fees; 22
(c) imposing a penalty of not more than 20 penalty units for 23
a contravention of a regulation. 24
Page 78
Higher Education (General Provisions) Bill 2008
Part 10 Repeal and transitional provisions
[s 138]
Part 10 Repeal and transitional 1
provisions 2
Division 1 Repeal 3
138 Repeal 4
The Higher Education (General Provisions) Act 2003, No. 59 5
is repealed. 6
Division 2 Transitional provisions 7
139 Definitions for div 2 8
In this division-- 9
commencement means commencement of this section. 10
continuing accreditation see section 146(2)(b). 11
continuing approval see section 142(2)(a). 12
existing accreditation see section 146(1). 13
existing approval see section 142(1). 14
existing approval to operate see section 149(1). 15
non-university provider means an entity, other than a 16
university or overseas higher education institution under the 17
repealed Act, that, immediately before the commencement, 18
provided a higher education course under that Act. 19
repealed Act means the Higher Education (General 20
Provisions) Act 2003. 21
140 References to repealed Act 22
In an Act or document, a reference to the repealed Act may, if 23
the context permits, be taken to be a reference to this Act. 24
Page 79
Higher Education (General Provisions) Bill 2008
Part 10 Repeal and transitional provisions
[s 141]
141 Application for approval to be established or recognised 1
as a university 2
An application made under part 2 of the repealed Act and not 3
finally decided before the commencement-- 4
(a) is taken to be an application under part 4 of this Act; and 5
(b) must be decided under this Act. 6
142 Approval to operate overseas higher education 7
institution 8
(1) This section applies if, immediately before the 9
commencement, the governing body of an overseas higher 10
education institution held an approval under part 3 of the 11
repealed Act to operate the institution in the State (an existing 12
approval). 13
(2) The existing approval-- 14
(a) is taken to be an approval under part 5 of this Act (a 15
continuing approval); and 16
(b) continues in force until it would have expired under the 17
repealed Act. 18
(3) If the existing approval was subject to a condition, the 19
continuing approval is taken to be subject to the same 20
condition. 21
(4) Subsection (2)(b) applies unless the continuing approval is 22
earlier cancelled or renewed under this Act. 23
143 Application for approval to operate overseas higher 24
education institution 25
An application made under part 3 of the repealed Act and not 26
finally decided before the commencement-- 27
(a) is taken to be an application under part 5 of this Act; and 28
(b) must be decided under this Act. 29
Page 80
Higher Education (General Provisions) Bill 2008
Part 10 Repeal and transitional provisions
[s 144]
144 Cancellation of approval to operate overseas higher 1
education institution 2
(1) This section applies if, immediately before the 3
commencement, a show cause process had started in relation 4
to an existing approval but had not been completed. 5
(2) Subject to subsection (3), the show cause process may be 6
completed under part 9, division 1 of this Act. 7
(3) If the show cause process had started in relation to a ground 8
for cancellation mentioned in the repealed Act, section 36(c) 9
the process lapses on the commencement. 10
(4) In this section-- 11
show cause process, for an existing approval, means the 12
process mentioned in part 3, division 5 of the repealed Act. 13
145 References to non-university provider 14
A reference in an Act or document to a non-university 15
provider may, if the context permits, be taken to be a reference 16
to a non self-accrediting higher education institution. 17
146 Non-university provider taken to be non self-accrediting 18
higher education institution 19
(1) This section applies if, immediately before the 20
commencement, the governing body of a non-university 21
provider held an accreditation for 1 or more higher education 22
courses under part 4 of the repealed Act (an existing 23
accreditation). 24
(2) On the commencement-- 25
(a) the provider is taken to hold registration under part 2 of 26
this Act as a non self-accrediting higher education 27
institution (a deemed registration); and 28
(b) each existing accreditation is taken to be an 29
accreditation under part 2 of this Act for the institution 30
(a continuing accreditation). 31
Page 81
Higher Education (General Provisions) Bill 2008
Part 10 Repeal and transitional provisions
[s 147]
(3) If the existing accreditation was subject to a condition, the 1
continuing accreditation is taken to be subject to the same 2
condition. 3
(4) The deemed registration for the institution expires when the 4
term of all continuing accreditations has ended. 5
(5) Subsection (4) applies unless the deemed registration is earlier 6
cancelled or renewed under part 2. 7
(6) Each continuing accreditation expires when the existing 8
accreditation would have expired under the repealed Act if 9
this Act had not commenced unless the continuing 10
accreditation is earlier cancelled or renewed under part 2. 11
(7) In subsection (4)-- 12
term, of a continuing accreditation, does not include any 13
renewal of the term that happens after the commencement. 14
147 Application for accreditation of higher education course 15
(1) This section applies to an application, by the governing body 16
of a non-university provider for accreditation of a higher 17
education course proposed to be offered by the provider, made 18
under the repealed Act and not finally decided before the 19
commencement. 20
(2) The application must be decided under the repealed Act as if 21
this Act had not commenced. 22
(3) If the Minister decides to grant the application-- 23
(a) if section 146(1) does not apply to the provider--the 24
provider is taken to hold registration under part 2 of this 25
Act as a non self-accrediting higher education 26
institution (a deemed registration); and 27
(b) the accreditation granted is taken to be an accreditation 28
under part 2 of this Act for the non self-accrediting 29
higher education institution. 30
(4) The deemed registration for the institution expires when the 31
term of the accreditation mentioned in subsection (3)(b) ends. 32
Page 82
Higher Education (General Provisions) Bill 2008
Part 10 Repeal and transitional provisions
[s 148]
(5) Subsection (4) applies unless the deemed registration is earlier 1
cancelled or renewed under part 2. 2
(6) If the Minister decides to refuse to grant the application, the 3
applicant has the right of appeal the applicant had under the 4
repealed Act. 5
(7) If, on appeal, the court amends the original decision or 6
substitutes another decision for the original decision, the 7
amended or substituted decision is, for this section, taken to 8
be the decision of the Minister. 9
148 Cancellation of accreditation of an accredited course 10
(1) This section applies if, immediately before the 11
commencement, a show cause process had started in relation 12
to an existing accreditation but had not been completed. 13
(2) The show cause process may be completed under part 9, 14
division 1 of this Act. 15
(3) In this section-- 16
show cause process, for an existing accreditation, means the 17
process under part 4, division 3 of the repealed Act. 18
149 Approval to operate interstate university 19
(1) This section applies if, immediately before the 20
commencement, the governing body of an interstate university 21
held an approval under part 5 of the repealed Act to operate 22
the university in the State (an existing approval to operate). 23
(2) The existing approval to operate is taken to be a recognised 24
authority under part 4 of this Act. 25
150 Application for approval to operate interstate university 26
An application made under part 5 of the repealed Act and not 27
finally decided before the commencement lapses on the 28
commencement. 29
Page 83
Higher Education (General Provisions) Bill 2008
Part 10 Repeal and transitional provisions
[s 151]
151 Cancellation of approval to operate interstate university 1
(1) This section applies if, immediately before the 2
commencement, a show cause process had started in relation 3
to an existing approval to operate but had not been completed. 4
(2) The show cause process may be completed under part 9, 5
division 1 of this Act. 6
(3) In this section-- 7
show cause process, for an existing approval to operate, 8
means the process under part 5, division 3 of the repealed Act. 9
152 Appeals 10
(1) Subsection (2) applies if-- 11
(a) before the commencement, a person appealed to the 12
District Court under repealed section 72 against a 13
decision of the Minister under the repealed Act; and 14
(b) on the commencement, the appeal has not been decided. 15
(2) The District Court may hear, or continue to hear, and decide 16
the appeal under the repealed Act as if this Act had not 17
commenced. 18
(3) Subsection (4) applies if-- 19
(a) immediately before the commencement, a person could 20
have appealed to the District Court under repealed 21
section 72 against a decision of the Minister under the 22
repealed Act; and 23
(b) on the commencement, the person has not appealed. 24
(4) The person may appeal, and the District Court may hear and 25
decide the appeal, under the repealed Act as if this Act had not 26
commenced. 27
(5) For giving effect to its decision under subsection (2) or (4), 28
the District Court may make the orders it considers necessary 29
having regard to the provisions of this Act. 30
(6) In this section-- 31
Page 84
Higher Education (General Provisions) Bill 2008
Part 11 Amendment of Education (General Provisions) Act 2006
[s 153]
District Court includes a District Court judge. 1
repealed section 72 means section 72 of the repealed Act. 2
153 Offences 3
(1) Proceedings for an offence against the repealed Act may be 4
started or continued, and the provisions of the repealed Act 5
necessary or convenient to be used in relation to the 6
proceedings continue to apply, as if this Act had not 7
commenced. 8
(2) For subsection (1), the Acts Interpretation Act 1954, section 9
20 applies, but does not limit the subsection. 10
Part 11 Amendment of Education 11
(General Provisions) Act 2006 12
154 Act amended in pt 11 13
This part amends the Education (General Provisions) Act 14
2006. 15
155 Amendment of s 52 (Fee for distance education provided 16
by a State school) 17
(1) Section 52(1)(b)-- 18
omit, insert-- 19
`(b) a person, other than a State school student, who is 20
enrolled to undertake a component of a program of 21
distance education at a State school but is not enrolled in 22
the program at the school.'. 23
(2) Section 52(3), definition non-State school student-- 24
omit. 25
Page 85
Higher Education (General Provisions) Bill 2008
Part 12 Amendment of Vocational Education, Training and Employment Act 2000
[s 156]
156 Amendment of s 54 (Waiver of fee for distance education) 1
(1) Section 54(1)(b), after `program'-- 2
insert-- 3
`, or enrolled to undertake a component of a program,'. 4
(2) Section 54(2)(a), after `program'-- 5
insert-- 6
`, or enrol to undertake a component of a program,'. 7
(3) Section 54(2)(b), `program of distance education'-- 8
omit, insert-- 9
`program, or a component of a program, of distance 10
education'. 11
Part 12 Amendment of Vocational 12
Education, Training and 13
Employment Act 2000 14
157 Act amended in pt 12 15
This part amends the Vocational Education, Training and 16
Employment Act 2000. 17
158 Amendment of s 168 (Council's functions) 18
Section 168(1)(l), after `organisations'-- 19
insert-- 20
`and principal employer organisations'. 21
159 Amendment of s 221 (Recognition of group training 22
organisation) 23
Section 221(1)-- 24
Page 86
Higher Education (General Provisions) Bill 2008
Part 12 Amendment of Vocational Education, Training and Employment Act 2000
[s 160]
omit, insert-- 1
`(1) The council may, by signed notice to a corporation that 2
employs apprentices or trainees for placing under a hosting 3
arrangement, recognise the corporation as a group training 4
organisation.'. 5
160 Insertion of new ch 7A 6
After chapter 7-- 7
insert-- 8
`Chapter 7A Principal employer 9
organisations 10
`223A Recognition of principal employer organisation 11
`(1) The council may, by signed notice to an entity, recognise the 12
entity as a principal employer organisation. 13
`(2) However, the council may recognise an entity as a principal 14
employer organisation only if the entity conforms with the 15
requirements of the approved guidelines for a principal 16
employer organisation. 17
`(3) In this section-- 18
entity means an entity that-- 19
(a) employs, or intends to employ, 25 or more apprentices 20
or trainees for placing under a hosting arrangement; and 21
(b) is not recognised under section 221 as a group training 22
organisation. 23
`223B Function of principal employer organisation 24
`A function of a principal employer organisation is, by 25
agreement between the organisation and another entity, to 26
arrange for the other entity to train, under a training plan, an 27
apprentice or trainee employed by the organisation. 28
Page 87
Higher Education (General Provisions) Bill 2008
Part 12 Amendment of Vocational Education, Training and Employment Act 2000
[s 161]
`223C Withdrawal of recognition 1
`(1) The council may withdraw the recognition of an entity as a 2
principal employer organisation by fair procedures prescribed 3
under a regulation. 4
`(2) If the council withdraws the recognition of an entity as a 5
principal employer organisation, the council must promptly 6
give the entity an information notice.'. 7
161 Amendment of s 224 (Appeal to Magistrates Court) 8
Section 224(c), after `organisation'-- 9
insert-- 10
`or principal employer organisation'. 11
162 Insertion of new ch 10, pt 5 12
Chapter 10-- 13
insert-- 14
`Part 5 Transitional provision for 15
Higher Education (General 16
Provisions) Act 2008 17
`344 Recognition of group training organisation 18
`(1) Subsection (2) applies to the recognition of a corporation as a 19
group training organisation, in force immediately before the 20
commencement, for-- 21
(a) an industry; or 22
(b) an industry sector; or 23
(c) an area. 24
`(2) The corporation's recognition is no longer limited to the 25
industry, industry sector or area. 26
Page 88
Higher Education (General Provisions) Bill 2008
Part 13 Amendment of other Acts
[s 163]
`(3) In this section-- 1
commencement means the commencement of this section.'. 2
163 Amendment of sch 3 (Dictionary) 3
Schedule 3-- 4
insert-- 5
`hosting arrangement means an arrangement under which a 6
group training organisation or a principal employer 7
organisation (each an organisation) agrees in writing with 8
another entity for-- 9
(a) the organisation, for a fee, to hire out an apprentice or 10
trainee employed by the organisation to perform work 11
for the other entity; and 12
(b) the other entity to train the apprentice or trainee under a 13
training plan. 14
principal employer organisation means an entity recognised 15
by the council under section 223A as a principal employer 16
organisation.'. 17
Part 13 Amendment of other Acts 18
164 Acts amended in sch 1 19
Schedule 1 amends the Acts it mentions. 20
Page 89
Higher Education (General Provisions) Bill 2008
Schedule 1
Schedule 1 Consequential and minor 1
amendments of other Acts 2
section 164 3
Australian Catholic University (Queensland) Act 2007 4
1 Section 14-- 5
omit, insert-- 6
`14 Application of Higher Education (General Provisions) Act 7
2008 8
`The operation of the university is not subject to review under 9
the Higher Education (General Provisions) Act 2008, part 4, 10
division 2.'. 11
2 Schedule, definition higher education award-- 12
omit, insert-- 13
`higher education award see the Higher Education (General 14
Provisions) Act 2008, schedule 2.'. 15
Central Queensland University Act 1998 16
3 Schedule 2, definition higher education award-- 17
omit, insert-- 18
`higher education award see the Higher Education (General 19
Provisions) Act 2008, schedule 2.'. 20
Page 90
Higher Education (General Provisions) Bill 2008
Schedule 1
Commission for Children and Young People and Child 1
Guardian Act 2000 2
4 Schedule 4, definition education provider, paragraphs (a) 3
and (d) to (f)-- 4
omit, insert-- 5
`(a) each of the following, within the meaning given by the 6
Higher Education (General Provisions) Act 2008, 7
schedule 2-- 8
(i) a non self-accrediting higher education institution; 9
(ii) a self-accrediting higher education institution; 10
(iii) an interstate self-accrediting higher education 11
institution that holds a recognised self-accrediting 12
authority under that Act; 13
(iv) a university; 14
(v) a specialised university; 15
(vi) a university college; 16
(vii) a specialised university college; 17
(viii) an interstate university, interstate specialised 18
university, interstate university college or interstate 19
specialised university college, that holds a 20
recognised authority under that Act; 21
(ix) an overseas higher education institution for which 22
an approval is held under part 5 of that Act; or'. 23
Page 91
Higher Education (General Provisions) Bill 2008
Schedule 1
Education (General Provisions) Act 2006 1
5 Section 232, table, 3rd item-- 2
omit, insert-- 3
`a higher education course under the a higher education entity'.
Higher Education (General
Provisions) Act 2008
6 Schedule 4, definitions non-university provider and 4
university-- 5
omit. 6
7 Schedule 4-- 7
insert-- 8
`higher education entity means each of the following within 9
the meaning given by the Higher Education (General 10
Provisions) Act 2008, schedule 2-- 11
(a) a non self-accrediting higher education institution; 12
(b) a self-accrediting higher education institution; 13
(c) an interstate self-accrediting higher education institution 14
that holds a recognised self-accrediting authority under 15
that Act; 16
(d) a university; 17
(e) a specialised university; 18
(f) a university college; 19
(g) a specialised university college; 20
(h) an interstate university, interstate specialised university, 21
interstate university college or interstate specialised 22
university college, that holds a recognised authority 23
under that Act; 24
(i) an overseas higher education institution for which an 25
approval is held under part 5 of that Act.'. 26
Page 92
Higher Education (General Provisions) Bill 2008
Schedule 1
Education (Queensland College of Teachers) Act 2005 1
8 Schedule 3, definitions higher education course, higher 2
education entity and higher education institution-- 3
omit, insert-- 4
`higher education course see the Higher Education (General 5
Provisions) Act 2008, schedule 2. 6
higher education entity means each of the following within 7
the meaning given by the Higher Education (General 8
Provisions) Act 2008, schedule 2-- 9
(a) a non self-accrediting higher education institution; 10
(b) a self-accrediting higher education institution; 11
(c) an interstate self-accrediting higher education institution 12
that holds a recognised self-accrediting authority under 13
that Act; 14
(d) a university; 15
(e) a specialised university; 16
(f) a university college; 17
(g) a specialised university college; 18
(h) an interstate university, interstate specialised university, 19
interstate university college or interstate specialised 20
university college, that holds a recognised authority 21
under that Act; 22
(i) an overseas higher education institution for which an 23
approval is held under part 5 of that Act. 24
higher education institution see the Higher Education 25
(General Provisions) Act 2008, schedule 2.'. 26
Page 93
Higher Education (General Provisions) Bill 2008
Schedule 1
Griffith University Act 1998 1
9 Schedule 2, definition higher education award-- 2
omit, insert-- 3
`higher education award see the Higher Education (General 4
Provisions) Act 2008, schedule 2.'. 5
James Cook University Act 1997 6
10 Schedule 2, definition higher education award-- 7
omit, insert-- 8
`higher education award see the Higher Education (General 9
Provisions) Act 2008, schedule 2.'. 10
Nursing Act 1992 11
11 Section 83E(1), example, `2003'-- 12
omit, insert-- 13
`2008'. 14
Queensland University of Technology Act 1998 15
12 Schedule 2, definition higher education award-- 16
omit, insert-- 17
`higher education award see the Higher Education (General 18
Provisions) Act 2008, schedule 2.'. 19
Page 94
Higher Education (General Provisions) Bill 2008
Schedule 1
University of Queensland Act 1998 1
13 Schedule 2, definition higher education award-- 2
omit, insert-- 3
`higher education award see the Higher Education (General 4
Provisions) Act 2008, schedule 2.'. 5
University of Southern Queensland Act 1998 6
14 Schedule 2, definition higher education award-- 7
omit, insert-- 8
`higher education award see the Higher Education (General 9
Provisions) Act 2008, schedule 2.'. 10
University of the Sunshine Coast Act 1998 11
15 Schedule 2, definition higher education award-- 12
omit, insert-- 13
`higher education award see the Higher Education (General 14
Provisions) Act 2008, schedule 2.'. 15
Page 95
Higher Education (General Provisions) Bill 2008
Schedule 1
Vocational Education, Training and Employment Act 1
2000 2
16 Section 220Z(2)(i), `Higher Education (General 3
Provisions) Act 2003'-- 4
omit, insert-- 5
`Higher Education (General Provisions) Act 2008'. 6
17 Section 220ZC(1), `made by a former TAFE institute'-- 7
omit, insert-- 8
`made for a former TAFE institute'. 9
18 Section 220ZC(2), definition application, `Higher 10
Education (General Provisions) Act 2003'-- 11
omit, insert-- 12
`Higher Education (General Provisions) Act 2008'. 13
14
Page 96
Higher Education (General Provisions) Bill 2008
Schedule 2
Schedule 2 Dictionary 1
section 4 2
accepted representations see section 125(2). 3
accredited course means a course accredited under section 4
24. 5
appellant see section 106. 6
approved form means a form approved by the Minister under 7
section 136. 8
AQF qualification level means the level of higher education 9
award to which a course of study described in the Australian 10
Qualifications Framework leads. 11
AQF Register means the Register of Recognised Education 12
Institutions and Authorised Accreditation Authorities in 13
Australia established by the Australian Qualifications 14
Framework Advisory Board under the Australian 15
Qualifications Framework. 16
Editor's note-- 17
The AQF Register may be viewed at the website . 18
Australian Qualifications Framework means the national 19
framework of educational qualifications-- 20
(a) approved by the Ministerial Council; and 21
(b) stated in the implementation handbook for that 22
framework published by the Australian Qualifications 23
Framework Advisory Board; 24
as in force from time to time. 25
Editor's note-- 26
The implementation handbook may be inspected during office hours on 27
business days at the head office of the department or viewed at the 28
department's website at . 29
Page 97
Higher Education (General Provisions) Bill 2008
Schedule 2
Australian Qualifications Framework Advisory Board 1
means the board by that name established by the Ministerial 2
Council. 3
cancel, for part 9, division 1, see section 122. 4
commencement, for part 10, division 2, see section 139. 5
continuing accreditation, for part 10, division 2, see section 6
139. 7
continuing approval, for part 10, division 2, see section 139. 8
electronically, in relation to providing a higher education 9
course, includes by email, DVD or through the internet. 10
executive officer, of a corporation, means a person who is 11
concerned with, or takes part in, the corporation's 12
management, whether or not the person is a director or the 13
person's position is given the name of executive officer. 14
existing accreditation, for part 10, division 2, see section 139. 15
existing approval, for part 10, division 2, see section 139. 16
existing approval to operate, for part 10, division 2, see 17
section 139. 18
higher education award means-- 19
(a) a degree, status, title or description of associate, 20
bachelor, master or doctor; or 21
(b) any other award, if the course of study relating to it is 22
classified as higher education in the course descriptions 23
stated in the Australian Qualifications Framework. 24
higher education course means a course of study, the 25
successful completion of which may lead to the conferral or 26
award of a higher education award. 27
higher education institution means an educational institution 28
that provides, or proposes to provide, a higher education 29
course. 30
information notice, for a decision made by the Minister, is a 31
notice stating the following-- 32
(a) the decision; 33
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Schedule 2
(b) the reasons for the decision; 1
(c) that the person to whom the notice is given may appeal 2
against the decision within 28 days; 3
(d) the way the person may appeal against the decision. 4
interstate self-accrediting authority, for part 3, division 3, see 5
section 66. 6
interstate self-accrediting higher education institution, for 7
part 3, division 3, see section 66. 8
interstate specialised university means a higher education 9
institution established or recognised as a specialised 10
university under an Act of the Commonwealth or another 11
State. 12
interstate specialised university college means a higher 13
education institution established or recognised as a specialised 14
university college under an Act of the Commonwealth or 15
another State. 16
interstate university means a higher education institution 17
established or recognised as a university under an Act of the 18
Commonwealth or another State. 19
interstate university college means a higher education 20
institution established or recognised as a university college 21
under an Act of the Commonwealth or another State. 22
major change-- 23
(a) for part 2--see section 37; or 24
(b) for part 3--see section 58; or 25
(c) for part 5--see section 101. 26
Ministerial Council means the Ministerial Council on 27
Education, Employment, Training and Youth Affairs. 28
national guidelines-- 29
(a) for part 2--see section 6; or 30
(b) for part 3--see section 41; or 31
(c) for part 4--see section 73; or 32
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(d) for part 5--see section 84. 1
Editor's note-- 2
A copy of the national guidelines may be inspected during office hours 3
on business days at the head office of the department and may be viewed 4
on the department's website at . 5
national protocols means the document entitled `National 6
Protocols for Higher Education Approval Processes' that was 7
approved by the Ministerial Council on 31 October 2007. 8
Editor's note-- 9
A copy of the national protocols may be inspected during office hours 10
on business days at the head office of the department and may be viewed 11
on the department's website at . 12
non self-accrediting higher education institution means a 13
higher education institution registered under part 2. 14
non-university provider, for part 10, division 2, see section 15
139. 16
notice means written notice. 17
operating, in relation to a higher education institution-- 18
(a) includes the following-- 19
(i) providing courses or parts of courses leading to 20
higher education awards; 21
(ii) providing the related components of providing 22
courses, including materials, other resources and 23
assessment; 24
(iii) conferring higher education awards, whether or not 25
a course is provided; 26
(iv) providing higher education courses electronically 27
or by distance education from a place inside the 28
State to another place whether inside or outside the 29
State; 30
(v) conducting a business in the State as a higher 31
education institution including by using premises, 32
mail or telecommunication devices for the 33
institution; but 34
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Schedule 2
(b) does not include providing a course or part of a course 1
electronically or by distance education in the State from 2
outside the State. 3
Note-- 4
This definition also applies to references to operating a particular higher 5
education institution, including for example, a non self-accrediting 6
higher education institution. 7
original decision see section 106. 8
overseas higher education institution means an educational 9
institution that-- 10
(a) is established and operates in a foreign country; and 11
(b) offers a course-- 12
(i) recognised as a higher education course by the 13
entity responsible for recognising higher education 14
courses in the foreign country; or 15
(ii) leading to an award recognised as a higher 16
education award by the entity responsible for 17
recognising higher education awards in the foreign 18
country. 19
overseas university means a higher education institution that 20
is-- 21
(a) established and operates in a foreign country; and 22
(b) recognised as a university by the entity responsible for 23
recognising universities in the foreign country; and 24
(c) approved under part 5 to operate in the State. 25
recognised authority see section 81. 26
recognised self-accrediting authority, for part 3, division 3, 27
see section 66. 28
relevant authority, for part 9, division 1, see section 122. 29
relevant educational institution, for part 8, see section 114. 30
repealed Act see section 139. 31
scope-- 32
(a) of a self-accrediting authority--see section 45(4); or 33
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Schedule 2
(b) of an interstate self-accrediting authority--see section 1
66. 2
self-accrediting authority see section 43(1). 3
self-accrediting higher education institution means a higher 4
education institution that holds a self-accrediting authority. 5
show cause notice see section 124(1). 6
show cause period see section 124(2)(d). 7
specialised university means a higher education institution 8
established or recognised as a specialised university under an 9
Act. 10
specialised university college means a higher education 11
institution established or recognised as a specialised 12
university college under an Act. 13
type of specialisation, for part 8, see section 114. 14
university means a higher education institution established or 15
recognised as a university under an Act. 16
university college means a higher education institution 17
established or recognised as a university college under an Act. 18
© State of Queensland 2008
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