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Higher Education (General Provisions) Bill 1993
HIGHER EDUCATION (GENERAL
PROVISIONS) BILL 1993
EXPLANATORY NOTES
The objectives of the Bill are to protect the standing of universities in
Queensland and the use and conferring of higher education awards; to
provide for the accreditation of courses leading to higher education awards
proposed to be offered by providers other than universities; and to amend
the Education (General Provisions) Act 1989 by omitting outdated
provisions which relate to higher education awards and the use of the term
"university".
Clause 1 specifies the short title of the Act.
Clause 2 provides for the commencement of the Act.
Clause 3 provides the definitions of certain terms used in the Act.
Clause 4 provides that the Minister may make appropriate enquiries, to
enable the Minister to form the opinion that the authority in a foreign
country is the competent authority for the purposes of the Act.
Clause 5 protects the standing of universities in Queensland, by
providing for criteria and guidelines in relation to the establishment of a
university in Queensland to be enshrined in legislation (prescribed by the
regulation). (A university established in Queensland is a higher education
institution that is established as a university in Queensland under an Act).
Clause 6 protects the standing of universities in Queensland, by
providing that a higher education institution that is established in a foreign
country and recognised as a university, must obtain the approval of the
Minister to operate in Queensland as a university or part of a university.
This clause also provides that the Minister's approval is subject to the
university complying with certain guidelines and criteria prescribed by the
regulation.
Clause 7 protects the standing of universities in Queensland, by
providing that a person must not give to a place the title of "university" or
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Higher Education (General Provisions) Bill 1993
"university college" or similar title unless that place is established as or
recognised as a university.
Clause 8 protects the use and conferring of higher education awards in
Queensland, by providing that a non-university provider must not confer or
use higher education awards unless authorised to do so. (A non-university
provider is a person (other than a university) that provides, or proposes to
provide, a course of higher education).
Clause 9 confirms the fact that each university is the accrediting authority
for courses that lead to awards that it confers.
Clause 10 provides that the Minister is the accrediting authority for
courses leading to higher education awards offered or proposed to be
offered by non-university providers. This clause also provides that the
Minister may accredit such a course if the Minister is satisfied, following an
assessment made in accordance with accreditation procedures and criteria,
that the course and the way of delivering it are appropriate to the type of
award to be conferred.
Clause 11 provides that the Director-General of Education is to provide a
person with a copy of the accreditation procedures and criteria, if requested.
Clause 12 provides that the Minister may examine or cause to be
examined the operation or proposed operation of a non-university provider,
to enable the Minister to form an opinion on whether the standard of the
course, the way of delivering it and the ability of the provider to offer it,
justify the course being accredited.
Clause 13 provides that an application for accreditation must be made in
accordance with the approved accreditation procedures and accompanied by
the fees prescribed by regulation.
Clause 14 provides that the Minister must advise an applicant for
accreditation, in writing, of the Minister's decision on the application.
Clause 15 provides that where an accreditation is amended or revoked,
the Minister must advise the non-university provider in writing and give
reasons for the decision.
Clause 16 provides that a person who is aggrieved by a decision made
by the Minister as the accrediting authority, may appeal against the decision
to a District Court Judge.
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Higher Education (General Provisions) Bill 1993
Clause 17 provides for the Minister to prepare an annual report on the
operation of the Act and to have a copy of the report tabled in the Legislative
Assembly.
Clause 18 provides for regulations to be made under the Act.
Clause 19 provides for the removal of Part 7 of the Education (General
Provisions) Act 1989 which contains outdated provisions relating to the use
of the term "university" and the use and conferring of higher education
awards.
© The State of Queensland 1993