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PARLIAMENT OF VICTORIA
Post Compulsory Education Acts (Amendment) Act
2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Consequential amendment 2
4. Endorsement of courses of study for overseas students 2
5. Definitions 4
6. Approved universities 6
7. Accreditation and authorisation to conduct courses in higher
education 8
8. New sections 11A to 11D inserted 10
11A. Review of operations of universities, institutions and
courses 10
11B. Authorised officers 13
11C. Identification 13
11D. Powers of authorised officers 14
9. Delegation of review powers and functions 16
10. Part 6 substituted 16
PART 6--TRANSITIONALS AND SAVINGS 16
27. Saving of guidelines 16
28. Commencement of deemed approval for certain
universities 17
11. Deakin University 17
12. Victorian Qualifications Authority 17
ENDNOTES 18
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PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to amend the Tertiary Education Act 1993, the Deakin University
Act 1974 and the Victorian Qualifications Authority Act 2000 and
for other purposes.
Post Compulsory Education Acts
(Amendment) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to--
(a) amend the Tertiary Education Act 1993 to
make further provision for universities and
5 other post-secondary education providers of
higher education;
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(b) amend the Deakin University Act 1974 to
remove the requirement for Deakin
University to maintain a campus at Clayton;
(c) amend the Victorian Qualifications
5 Authority Act 2000 to empower the
Victorian Qualifications Authority to charge
fees for the registering of persons or bodies
authorised to issue recognised qualifications.
2. Commencement
10 (1) Sections 1, 11 and this section come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
15 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 June 2002, it
comes into operation on that day.
3. Consequential amendment
20 In section 5(2) of the Tertiary Education Act
1993, for paragraph (b) of the definition of
"prescribed institution" substitute--
"(b) an institution in respect of which an approval
under section 10 is in force or is deemed to
25 be in force;".
4. Endorsement of courses of study for overseas students
(1) In section 6(1) of the Tertiary Education Act
1993 for "university--" substitute--
"university; or
30 (c) accredited by an institution approved or
deemed to be approved to operate as a
university under section 10; or
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(d) authorised by the Minister under section
11(1)(e)(ii)--".
(2) In section 6(3) of the Tertiary Education Act
1993--
5 (a) for paragraph (a) substitute--
"(a) the management of the collection of
fees from students and the
disbursement of those fees;";
(b) after paragraph (b) insert--
10 "(ba) if a course of study is offered by a
recognised university or autonomous
college, the information made available
to prospective students before
enrolment in that course;";
15 (c) for paragraphs (e) and (f) substitute--
"(e) the availability of assistance in
acquiring English language skills;
(f) the processes in place to ensure that
staff are sensitive to the cultural
20 differences of students from overseas;";
(d) after paragraph (g) insert--
"(ga) the activities and services made
available to students on arrival in
Australia and services made available
25 to students to assist with orientation in
Australia and the institution, centre or
establishment where the course is to be
conducted;";
(e) for paragraphs (h) to (p) substitute--
30 "(h) procedures for monitoring students
compliance with visa requirements;
(i) student selection procedures;
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(j) the character and credentials of each
person concerned in the management of
the institution, centre or establishment
or the governing body of that
5 institution, centre or establishment;
(k) the status of the institution or provider
as a genuine post-secondary education
institution or provider;".
(3) For section 6(5) and (6) of the Tertiary
10 Education Act 1993 substitute--
"(5) An endorsement under this section remains
in force for a period, not exceeding 5 years,
specified by the Minister unless sooner
suspended or cancelled by the Minister.
15 (6) The Minister, after conducting a review in
accordance with section 11A and after
considering any submissions made in
accordance with that section, may decide
whether to impose the proposed suspension
20 or cancellation and must notify the post-
secondary education provider or institution
of his or her decision.
(6A) Any suspension or cancellation that the
Minister decides upon takes effect when
25 notice of the decision is given to the post-
secondary education provider or institution
or on any later date that may be specified in
the notice.".
5. Definitions
30 (1) In section 9 of the Tertiary Education Act
1993--
(a) insert the following heading--
"Interpretation";
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(b) for the definition of "higher education
award" substitute--
' "higher education award" means a
qualification described as--
5 (a) a degree, associate degree or
higher degree; or
(b) a graduate diploma or certificate
or post-graduate diploma or
certificate other than a graduate
10 certificate or post-graduate
certificate if the course of study
relating to that certificate is
included in the State Register of
Accredited Courses and
15 Recognised Qualifications
established under section 19 of the
Victorian Qualifications
Authority Act 2000; or
(c) a diploma or advanced diploma if
20 the course of study relating to that
award is classified as higher
education in the course
descriptions published by the
Australian Qualifications
25 Frameworks Advisory Board;'.
(c) in the definition of "recognised university",
in paragraph (b) for "or a Territory"
substitute ", the Australian Capital Territory
or the Northern Territory".
30 (2) At the end of section 9 of the Tertiary Education
Act 1993 insert--
"(2) In this Part a reference to an institution
operating as a University includes a
reference to an institution operating as a
35 University in or from Victoria by means of
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any of the following telecommunication
devices--
(a) a computer adapted for communicating
by way of the internet or another
5 communications network; or
(b) a television receiver adapted to allow
the viewer to transmit information by
way of a cable television network or
another communications network; or
10 (c) a telephone; or
(d) any other electronic device.
(3) In this Part a reference to a course of study
includes a reference to a course of study
offered in or from Victoria by means of any
15 of the telecommunication devices referred to
in sub-section (2).".
6. Approved universities
(1) In section 10(1) of the Tertiary Education Act
1993 for "recognised University" substitute
20 "University established or recognised under an
Act".
(2) After section 10(1A) of the Tertiary Education
Act 1993 insert--
"(1B) An institution that is established as a
25 University under an Act of the
Commonwealth, another State, the
Australian Capital Territory or the Northern
Territory is deemed to have the approval of
the Minister under this section to operate as
30 a University or part of a University (as the
case requires).".
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(3) In section 10(3) of the Tertiary Education Act
1993, after paragraph (a) insert--
"(b) the commitment of the University to research
and scholarship and the systematic
5 advancement of knowledge;
(ba) national policies and agreements by
Ministers responsible for higher education
about governance and other characteristics of
Universities in Australia;".
10 (4) In section 10 of the Tertiary Education Act
1993, for sub-sections (7) and (8) substitute--
"(7) The Minister may, after the conduct of a
review in accordance with section 11A and
after considering any submissions made in
15 accordance with that section, by notice
published in the Government Gazette, revoke
or suspend the approval or deemed approval
or impose any condition on the approval or
deemed approval.
20 (8) Any suspension, revocation or condition
imposed by the Minister under sub-section
(7) takes effect on the date the Order is
published in the Government Gazette or such
later date as is specified in the Order.".
25 (5) After section 10(13) of the Tertiary Education
Act 1993 insert--
"(14) Sub-sections (11), (12) and (13) do not
apply--
(a) to an Order granting or revoking an
30 approval relating to an institution that is
established as a University under an
Act of a Territory or an Act or law of
another country; or
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(b) with respect to a University deemed to
be approved to operate as a University
under sub-section (1B).".
7. Accreditation and authorisation to conduct courses in
5 higher education
(1) In section 11(3)(b) of the Tertiary Education
Act 1993--
(a) for sub-paragraphs (i), (ii) and (iii)
substitute--
10 "(i) student entry requirements;";
(b) for sub-paragraph (vi) substitute--
"(vi) resources required to deliver the
course;";
(c) for sub-paragraph (viii) substitute--
15 "(viii) qualifications and experience of staff
who developed the course of study and
the required level of qualifications and
experience of staff required to conduct
the course;
20 (viiia) experience of the institution in
developing higher education courses of
study in Australia;
(viiib) the views or recommendations of any
relevant professional body about the
25 course of study;".
(2) In section 11(4) of the Tertiary Education Act
1993--
(a) for paragraph (b) substitute--
"(b) the experience of the institution or any
30 person concerned in the management or
operation of the institution in
conducting higher education courses;";
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(b) after paragraph (e) insert--
"(ea) the ownership of any property rights in
the course or the curriculum or course
materials;
5 (eb) student selection procedures;
(ec) arrangements for the management and
maintenance of the academic standards
of the course of study;
(ed) the management of the collection of
10 fees from students and of the
disbursement of those fees;
(ee) the number of students;
(ef) student grievance procedures;
(eg) welfare and support services for
15 students;
(eh) premises, equipment, materials and
resources;
(ei) qualifications and experience of staff;
(ej) performance monitoring and reporting;
20 (ek) the probity of the institution and the
character and credentials of each person
concerned in the management of the
institution or the governing body of the
institution;".
25 (3) In section 11 of the Tertiary Education Act
1993, for sub-section (8) substitute--
"(8) The Minister, after conducting a review in
accordance with section 11A of a course of
study accredited under this section or the
30 institution conducting the course of study
and after considering any submissions made
in accordance with that section, may suspend
or cancel the accreditation or authorisation
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or impose any condition on the accreditation
or authorisation.
(8A) Any suspension, cancellation or condition
that the Minister decides upon takes effect
5 when notice of the decision is given to the
institution or on any later date that may be
specified in the notice.".
8. New sections 11A to 11D inserted
After section 11 of the Tertiary Education Act
10 1993 insert--
"11A. Review of operations of universities,
institutions and courses
(1) The Minister may at any time arrange for a
review of the operation of--
15 (a) a course of study endorsed under
section 6; or
(b) a University approved or deemed to be
approved to operate in Victoria under
section 10; or
20 (c) a course of study accredited under
section 11(1)(e)(i); or
(d) an institution authorised to conduct a
course of study under section
11(1)(e)(ii).
25 (2) In the case of a University that is approved
under section 10(1A), the Minister must
ensure that a review of the University's
operation is conducted within 5 years after
the first enrolment of students at that
30 University in Victoria.
(3) The Minister may appoint a person or
committee to review the operations of a
University, post-secondary education
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provider or other institution or course of
study and advise the Minister--
(a) having regard to the matters set out in
this Act and the guidelines published
5 under this Act whether or not the
University, post-secondary education
provider or other institution or course
of study has attained and continues to
attain the standards required of a
10 University, post-secondary education
provider or other institution or course
of study for the purposes of this Act;
and
(b) whether or not the University, post-
15 secondary education provider or other
institution has complied with any
condition imposed by the Minister on
an approval, accreditation or
authorisation under this Division.
20 (4) The Minister, by notice in writing, may
require a University, post-secondary
education provider or other institution or any
person involved in the management or
operation of the University, post-secondary
25 education provider or other institution--
(a) to provide, in accordance with
directions in the notice, to the Minister
or any person or committee appointed
by the Minister any information about
30 the matters set out in this Act or any
guidelines published under this Act
relevant to the University, post-
secondary education provider or other
institution, that is specified in the
35 notice; or
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(b) to produce to the Minister or any
person or committee appointed by the
Minister any records relevant to those
matters that are specified in the notice
5 and permit examination of the records
and the making of copies of those
records.
(5) If the Minister is satisfied after the conduct
of a review in accordance with this section
10 that it is in the interests of the students
enrolled at the University, post-secondary
education provider or other institution or of
students undertaking the course of study or
in the public interest that--
15 (a) the endorsement of a course of study
under section 6 should be suspended or
cancelled; or
(b) the approval or deemed approval of the
University under section 10 should be
20 suspended or revoked; or
(c) the accreditation of a course of study
under section 11(1)(e)(i) should be
suspended or revoked; or
(d) the authorisation of an institution to
25 conduct a course of study under section
11(1)(e)(ii) should be suspended or
revoked; or
(e) any condition should be imposed on an
approval, accreditation or
30 authorisation--
the Minister may suspend, cancel or revoke
that endorsement, approval, accreditation or
authorisation or impose that condition in
accordance with this Division.
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(6) A suspension, cancellation, revocation or
condition may be proposed by the Minister
giving notice in writing of the proposed
suspension, revocation or condition and
5 giving reasons to the University or
institution affected.
(7) The Minister must give the University or
institution 28 days to make submissions to
the Minister to show cause why the proposed
10 suspension, cancellation, revocation or
condition should not be imposed and must
consider any submissions made.
11B. Authorised officers
The Minister may appoint a person
15 employed under the Public Sector
Management and Employment Act 1998
in the administration of this Act as an
authorised officer for the purposes of this
Act.
20 11C. Identification
(1) The Minister must furnish an authorised
officer with an identification card bearing a
recent photograph of the officer.
(2) An authorised officer must produce his or
25 her identity card for inspection--
(a) before exercising a power under section
11D; and
(b) at any time during the exercise of a
power under section 11D, if asked to do
30 so.
Penalty: 10 penalty units.
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11D. Powers of authorised officers
(1) An authorised officer with any necessary
help, may enter, at any time during ordinary
working hours on any day, any premises--
5 (a) where, or where the officer has
reasonable cause to believe that, an
education institution, establishment or
centre is offering or providing a course
or part of a course endorsed under
10 section 6 to overseas students; and
(b) where, or where the officer has
reasonable cause to believe that, an
institution approved or deemed to be
approved to operate as a University
15 under section 10 is so operating; and
(c) where, or where the officer has
reasonable cause to believe that, an
institution is conducting a course of
study accredited under section
20 11(1)(e)(i); and
(d) where, or where the officer has
reasonable cause to believe that, an
institution authorised under section
11(1)(e)(ii) is conducting a course of
25 study accredited under section
11(1)(e)(i); and
(e) in the case of a place referred to in
paragraph (a), may make any inquiries
or inspect and examine any documents
30 relating to the matters referred to in
section 6(3) or guidelines made under
section 6(4) and take copies or extracts
from those documents; and
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(f) in the case of a place referred to in
paragraph (b), may make any inquiries
or inspect and examine any documents
relating to the matters referred to in
5 section 10(3) or guidelines made under
section 10(4) and take copies or
extracts from those documents; and
(g) in the case of a place referred to in
paragraph (c), may make any inquiries
10 or inspect and examine any documents
relating to the matters referred to in
section 11(3) or guidelines made under
section 11(5) about those matters and
take copies or extracts from those
15 documents; and
(h) in the case of a place referred to in
paragraph (d), may make any inquiries
or inspect and examine any documents
relating to the matters referred to in
20 section 11(4) or guidelines made under
section 11(5) about those matters and
take copies or extracts from those
documents; and
(i) in the case of a place referred to in
25 paragraph (a), (b), (c) or (d), may make
any inquiries or inspect and examine
any documents relating to the matters
that are specified in a notice under
section 11A(4) that have not been
30 produced to the Minister or any person
or committee appointed by the Minister
and take copies or extracts from those
documents.
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(2) An authorised officer may not exercise any
power under sub-section (1)--
(a) in relation to premises if the occupier of
the premises has required the officer to
5 produce his or her identification card
for inspection by the occupier and the
officer fails to comply with the
requirement; or
(b) in relation to premises used as or
10 mainly as residential premises, except
with the consent of the occupier.
(3) A person must not obstruct delay or
intimidate an authorised officer when the
officer is exercising or attempting to exercise
15 his or her functions as an authorised officer.
Penalty: 60 penalty units.".
9. Delegation of review powers and functions
In section 21 of the Tertiary Education Act
1993--
20 (a) for "any body" substitute "a member of a
body";
(b) after "11" insert ", 11A".
10. Part 6 substituted
For Part 6 of the Tertiary Education Act 1993
25 substitute--
"PART 6--TRANSITIONALS AND SAVINGS
27. Saving of guidelines
Despite the amendment of sections 6(3),
10(3) and 11(3) and (4) by the Post
30 Compulsory Education Acts
(Amendment) Act 2001, the guidelines
made under sections 6(4), 10(4) and 11(5)
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and in force immediately before the
commencement of section 4 of the Post
Compulsory Education Acts
(Amendment) Act 2001 continue in
5 operation for a period not exceeding
6 months after that commencement unless
sooner revoked by guidelines made under
section 6(3), 10(3) or 11(3) or (4) (as the
case requires).
10 28. Commencement of deemed approval for
certain universities
An institution established as a University
under an Act of the Commonwealth, another
State, the Australian Capital Territory or the
15 Northern Territory that was, before the
commencement of section 6(2) of the Post
Compulsory Education Acts
(Amendment) Act 2001, operating as a
University or part of a University in Victoria
20 is deemed on that date to have the approval
of the Minister under section 10(1B) to
operate as a University or part of a
University (as the case requires).".
11. Deakin University
Act No. 8610.
25 In section 5(ab) of the Deakin University Act
1974 omit "Clayton,".
12. Victorian Qualifications Authority
Act No. In section 23(11) of the Victorian Qualifications
97/2000.
Authority Act 2000, after "sub-section (1)" insert
30 "or (2)".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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