Queensland Bills Explanatory Notes

[Index] [Search] [Download] [Bill] [Help]

HIGHER EDUCATION (GENERAL PROVISIONS) BILL 2003

                                     1
               Higher Education (General Provisions) Bill 2003


       HIGHER EDUCATION (GENERAL
          PROVISIONS) BILL 2003


                      EXPLANATORY NOTES
                                    FOR
  AMENDMENTS TO BE MOVED IN COMMITTEE BY
      THE HONOURABLE ANNA BLIGH MP

Title of the Bill
  Higher Education (General Provisions) Bill 2003


Objectives of the Amendment
    The objective of the amendment is to capture persons or institutions that
offer a restricted higher education award without having a course leading to
it, eg, if $500 is forwarded to the institution then a person will receive an
award, or an award is conferred based entirely upon previous life and/or
professional experience. There are examples of this practice by some
overseas based providers, and there is the potential for a person or
institution operating locally to do the same thing.
   It could be argued that there is a certain onus on individuals to ascertain
the integrity and accredited status of a person or institution that offers such
awards before entering into any agreement with them, and a similar
responsibility on employers and education institutions to verify the status
of such awards held by individuals.
   However, the operation, or potential for the operation, of such persons or
institutions is a national policy concern, as it is the view that they bring the
higher education sector and the protected awards into disrepute and
undermine their value. As the current restrictions in the Bill on conferring a
protected award would not apply to such operations, they could also
undermine the quality assurance intent of the National Protocols, and of the
proposed Queensland Act.
 
 
                                     2
               Higher Education (General Provisions) Bill 2003


Achievement of the Objectives
   To address this issue, a generic offence provision has been drafted to be
inserted in Part 9 of the Bill.


Consistency with Fundamental Legislative Principles
  The clause does not infringe on any fundamental legislative principles.


Consultation
  N/A




                   NOTES ON PROVISIONS

  Clause 82A
   This clause makes it an offence for a person, other than a university, to
confer a higher education award on another person unless there is a course
leading to the award, and the other person has undertaken the course
leading to the award.
  This section should be read in context with the offence provisions in
section 44 ­ (Conferring of higher education award by overseas higher
education institution etc.), section 58 (Conferring of higher education
award by non-university provider etc.) and section 71 (Conferring of higher
education award by interstate university etc.).



                            © State of Queensland 2003

[Index] [Search] [Download] [Bill] [Help]