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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Higher Education Amendment Bill 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Part 2 Division 1 heading inserted 4
Division 1 -- Protection of standards for
higher education
6. Section 6 amended 4
7. Sections 7A and 7B inserted 6
7A. Representations about authorisation to
accredit higher education courses 6
7B. Representations about admissions into
higher education courses 7
8. Part 2 Division 2 heading and Part 2 Division 2
Subdivision 1 heading inserted 7
Division 2 -- Universities
Subdivision 1 -- Report about criteria for
establishing Australian university
9. Section 7 replaced 7
7. Report about criteria for establishing
Australian university 7
10. Part 2 Division 2 Subdivision 2 heading inserted 8
Subdivision 2 -- Recognition of overseas
universities
11. Section 8 amended 9
12. Section 9 amended 9
13. Section 10 replaced 10
10. Recognition of overseas universities 10
14. Section 11A inserted 11
11A. Further conditions on section 10
determination 11
15. Section 11 amended 12
93--1 page i
Higher Education Amendment Bill 2009
Contents
16. Part 2 Division 3 heading and Part 2 Division 3
Subdivision 1 heading inserted 12
Division 3 -- Non-university institutions
Subdivision 1 -- Authorised non-university
institutions
17. Section 12 replaced 13
12. Authorised non-university institutions 13
18. Part 2 Division 3 Subdivision 2 inserted 13
Subdivision 2 -- Self-accrediting authorisation of
non-university institutions
13A. Applications for grant of self-accrediting
authorisation 13
13B. Self-accrediting authorisation of
non-university institutions 14
13C. Further conditions on self-accrediting
authorisation 15
13D. Suspension or revocation of
self-accrediting authorisation 16
19. Part 2 Division 3 Subdivision 3 heading inserted 17
Subdivision 3 -- Provider's authorisation of
non-university institutions
20. Section 13 amended 17
21. Section 14 amended 18
22. Sections 15A and 15B inserted 19
15A. Duration of provider's authorisation 19
15B. Further conditions on provider's
authorisation 20
23. Section 15 amended 21
24. Part 2 Division 3 Subdivision 4 heading inserted 21
Subdivision 4 -- Accredited higher education
courses
25. Section 16 replaced 21
16. Accredited higher education courses 21
26. Part 2 Division 3 Subdivision 5 heading inserted 22
Subdivision 5 -- Ministerial accreditation of higher
education courses
27. Section 17A inserted 22
17A. Application of this Subdivision 22
28. Section 17 amended 22
29. Section 18 amended 23
30. Sections 19A and 19B inserted 24
19A. Duration of accreditation 24
19B. Further conditions on accreditation 25
31. Section 19 amended 25
page ii
Higher Education Amendment Bill 2009
Contents
32. Part 2 Division 4 heading inserted 26
Division 4 -- Higher education advisory committees
33. Section 20 amended 26
34. Section 21A inserted 27
21A. Report of higher education advisory
committee to be provided to applicant 27
35. Part 3A heading inserted 28
Part 3A -- Reviews and investigation
36. Section 22 amended 28
37. Sections 23A to 23C inserted 29
23A. Inspectors, appointment of 29
23B. Inspectors' powers 30
23C. Consequences of investigations 31
38. Section 23 amended 31
39. Section 24A inserted 32
24A. Minister to make National Protocols
available for inspection 32
40. Section 26A inserted 32
26A. Protection from liability 32
41. Section 27A inserted 33
27A. Evidentiary matters 33
42. Section 28 replaced 34
28. Agreement to pay costs of considering
application or request 34
43. Section 29 amended 35
44. Section 30 amended 35
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Higher Education Amendment Bill 2009
A Bill for
An Act to amend the Higher Education Act 2004.
The Parliament of Western Australia enacts as follows:
page 1
Higher Education Amendment Bill 2009
s. 1
1 1. Short title
2 This is the Higher Education Amendment Act 2009.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Higher Education Act 2004.
11 4. Section 3 amended
12 (1) In section 3 delete the definitions of:
13 higher education award
14 National Protocols
15 recognised Australian university
16 section 10 determination
17 (2) In section 3 insert in alphabetical order:
18
19 Australian Qualifications Framework means the
20 framework of educational qualification stated in the
21 implementation handbook for that framework
22 published by the Australian Qualifications Framework
23 Advisory Board as in force from time to time;
24 Australian university college means an education
25 institution, or part of an education institution, that --
26 (a) was originally established in Australia; and
27 (b) is established or recognised as a university
28 college by or under a written law of this State,
page 2
Higher Education Amendment Bill 2009
s. 4
1 the Commonwealth, another State, the
2 Australian Capital Territory or the Northern
3 Territory;
4 higher education award means a qualification referred
5 to in the Australian Qualifications Framework as a
6 qualification that is issued in the higher education
7 sector;
8 National Protocols means --
9 (a) the National Protocols for Higher Education
10 Approval Processes approved by the Ministerial
11 Council on Education, Employment, Training
12 and Youth Affairs on 31 March 2000, as
13 amended from time to time; or
14 (b) if the regulations declare a document to be in
15 substitution for that protocol -- a reference to
16 the substitute document, as amended from time
17 to time;
18 payment agreement means an agreement referred to in
19 section 28;
20 section 10 determination, in relation to an education
21 institution, means a determination made under
22 section 10;
23 self-accrediting authorisation means an authorisation
24 granted for a non-university institution under
25 section 13B.
26
27 (3) In section 3 in the definition of Australian university delete
28 "institution" and insert:
29
30 institution, or part of an education institution,
31
page 3
Higher Education Amendment Bill 2009
s. 5
1 (4) In section 3 in the definition of non-university institution:
2 (a) in paragraph (a) delete "a recognised" and insert:
3
4 an
5
6 (b) after paragraph (a) insert:
7
8 (ba) an Australian university college; or
9
10 (5) In section 3 in the definition of provider's authorisation delete
11 "authorisation given to" and insert:
12
13 an authorisation granted for
14
15 5. Part 2 Division 1 heading inserted
16 Before section 6 insert:
17
18 Division 1 -- Protection of standards for
19 higher education
20
21 6. Section 6 amended
22 (1) In section 6(1):
23 (a) in paragraph (a) delete "a recognised" and insert:
24
25 an
26
page 4
Higher Education Amendment Bill 2009
s. 6
1 (b) after "Penalty:" insert:
2
3 a fine of
4
5 (2) In section 6(2):
6 (a) in paragraph (b) delete "organisation." and insert:
7
8 organisation; or
9
10 (b) after paragraph (b) insert:
11
12 (c) an Australian university college or an agent of
13 such an institution that represents that the
14 institution is a university college or part of a
15 university college --
16 (i) by use of a title that includes the words
17 "university college"; or
18 (ii) in any other way.
19
20 (3) In section 6(3):
21 (a) in paragraph (a) delete "a recognised" and insert:
22
23 an
24
25 (b) after paragraph (a) insert:
26
27 (ba) an Australian university college; or
28
29 (c) in paragraph (d) after "(a)," insert:
30
31 (ba),
32
page 5
Higher Education Amendment Bill 2009
s. 7
1 (d) after each of paragraphs (a) and (b) insert:
2
3 or
4
5 (e) after "Penalty:" insert:
6
7 a fine of
8
9 (4) Delete section 6(4) and insert:
10
11 (4) A person must not represent that a course of study
12 leads to, will partially satisfy the requirements for, or
13 would entitle a person who satisfies the course
14 requirements to, the conferral of a higher education
15 award, unless --
16 (a) the course provider is --
17 (i) an Australian university; or
18 (ii) an Australian university college; or
19 (iii) a recognised overseas university;
20 or
21 (b) the course provider is an authorised
22 non-university institution and the course is
23 accredited.
24 Penalty: a fine of $20 000.
25
26 7. Sections 7A and 7B inserted
27 After section 6 insert:
28
29 7A. Representations about authorisation to accredit
30 higher education courses
31 An education institution or an agent of an education
32 institution must not represent that the institution is
page 6
Higher Education Amendment Bill 2009
s. 8
1 authorised to accredit a higher education course
2 unless a self-accrediting authorisation is in force for the
3 institution authorising it to accredit such a course.
4 Penalty: a fine of $20 000.
5 7B. Representations about admissions into higher
6 education courses
7 A person must not represent that successful completion
8 of a course of study would satisfy, or partially satisfy,
9 the academic prerequisites for admission into a higher
10 education course unless the higher education course
11 provider has authorised that representation.
12 Penalty: a fine of $20 000.
13
14 8. Part 2 Division 2 heading and Part 2 Division 2
15 Subdivision 1 heading inserted
16 Before section 7 insert:
17
18 Division 2 -- Universities
19
20 Subdivision 1 -- Report about criteria for establishing
21 Australian university
22 9. Section 7 replaced
23 Delete section 7 and insert:
24
25 7. Report about criteria for establishing Australian
26 university
27 (1) An education institution may request the Minister to
28 appoint a higher education advisory committee to
29 consider and report to the Minister on --
30 (a) whether the committee considers that the
31 institution meets the criteria set out in the
page 7
Higher Education Amendment Bill 2009
s. 10
1 National Protocols for establishing an
2 Australian university; and
3 (b) any other matter relevant to a decision on
4 whether the institution should be established as
5 an Australian university.
6 (2) A request must --
7 (a) be accompanied by a payment agreement; and
8 (b) include the prescribed information.
9 (3) The Minister may in writing, require the institution
10 making the request to provide further information in
11 relation to the request.
12 (4) The requirement is to specify a reasonable time within
13 which the institution must comply with the
14 requirement.
15 (5) The Minster may refuse to appoint a higher education
16 advisory committee, or may discharge a committee that
17 has been appointed, if the institution does not comply
18 with a requirement under subsection (3) within the time
19 specified in the requirement.
20 (6) The Minister must, as soon as practicable after
21 receiving the report of a higher education advisory
22 committee regarding an education institution, give a
23 copy of the report to the institution.
24
25 10. Part 2 Division 2 Subdivision 2 heading inserted
26 After section 7 insert:
27
28 Subdivision 2 -- Recognition of overseas universities
29
page 8
Higher Education Amendment Bill 2009
s. 11
1 11. Section 8 amended
2 In section 8(a) after "is" insert:
3
4 an overseas university or
5
6 12. Section 9 amended
7 (1) In section 9(1) after "institution" insert:
8
9 that is an overseas university, or part of an overseas university,
10
11 (2) Delete section 9(2)(a) and insert:
12
13 (a) be accompanied by a payment agreement; and
14
15 (3) After section 9(2) insert:
16
17 (3) The Minister may in writing, require the applicant to
18 provide further information in relation to the
19 application.
20 (4) The requirement is to specify a reasonable time within
21 which the applicant must comply with the requirement.
22 (5) The Minster may refuse the application if the applicant
23 does not comply with a requirement under
24 subsection (3) within the time specified in the
25 requirement.
26
page 9
Higher Education Amendment Bill 2009
s. 13
1 13. Section 10 replaced
2 Delete section 10 and insert:
3
4 10. Recognition of overseas universities
5 (1) The Minister may determine that an education
6 institution meets the criteria for recognition as an
7 overseas university if satisfied that the institution meets
8 the criteria set out in the National Protocols for
9 overseas universities seeking to operate in Australia.
10 (2) Before making a determination, the Minister must have
11 regard to the report of the higher education committee
12 appointed to consider the matter.
13 (3) When making a determination, the Minister may also
14 have regard to the following --
15 (a) any national policies and agreements about the
16 governance and other characteristics of
17 overseas universities made by the Minister with
18 other education Ministers;
19 (b) any other relevant information.
20 (4) The Minister may make a determination subject to any
21 conditions relevant to --
22 (a) ensuring that the education institution meets or
23 continues to meet the criteria referred to in
24 section 10(1); or
25 (b) protecting the interests of the students enrolled
26 in the higher education courses provided by the
27 institution.
page 10
Higher Education Amendment Bill 2009
s. 14
1 (5) If the Minister makes a determination under this
2 section, the Minister must arrange for a copy of the
3 determination to be laid before each House of
4 Parliament.
5
6 14. Section 11A inserted
7 After section 10 insert:
8
9 11A. Further conditions on section 10 determination
10 (1) The Minister may, at any time after making a
11 section 10 determination, make the determination
12 subject to any conditions relevant to --
13 (a) ensuring that the education institution meets or
14 continues to meet the criteria referred to in
15 section 10(1); or
16 (b) protecting the interests of the students enrolled
17 in the higher education courses provided by the
18 institution.
19 (2) Before making a section 10 determination subject to
20 conditions under subsection (1), the Minister must --
21 (a) give the institution an opportunity to make
22 representations on the matter; and
23 (b) consider any representations made; and
24 (c) have regard to the interests of the students
25 enrolled in the higher education courses
26 provided by the institution.
27
page 11
Higher Education Amendment Bill 2009
s. 15
1 15. Section 11 amended
2 (1) Delete section 11(1) and insert:
3
4 (1) The Minister may suspend or revoke a section 10
5 determination if --
6 (a) the education institution does not comply with a
7 condition to which the determination has been
8 made subject under section 10(4) or 11A(1); or
9 (b) the Minister is no longer satisfied that the
10 education institution meets the criteria referred
11 to in section 10(1).
12
13 (2) In section 11(2)(c) delete "higher education courses at" and
14 insert:
15
16 the higher education courses provided by
17
18 (3) After section 11(3) insert:
19
20 (4) If the Minister revokes a section 10 determination, the
21 Minister must arrange for a copy of the revocation to
22 be laid before each House of Parliament.
23
24 16. Part 2 Division 3 heading and Part 2 Division 3
25 Subdivision 1 heading inserted
26 After section 11 insert:
27
28 Division 3 -- Non-university institutions
29 Subdivision 1 -- Authorised non-university institutions
30
page 12
Higher Education Amendment Bill 2009
s. 17
1 17. Section 12 replaced
2 Delete section 12 and insert:
3
4 12. Authorised non-university institutions
5 A non-university institution is authorised to provide a
6 higher education course --
7 (a) if --
8 (i) a self-accrediting authorisation is in
9 force for the institution; and
10 (ii) the course is accredited by the
11 institution in accordance with that
12 authorisation;
13 or
14 (b) if --
15 (i) a provider's authorisation is in force for
16 the institution; and
17 (ii) ministerial accreditation is in force for
18 the course.
19
20 18. Part 2 Division 3 Subdivision 2 inserted
21 After section 12 insert:
22 Subdivision 2 -- Self-accrediting authorisation of
23 non-university institutions
24 13A. Applications for grant of self-accrediting
25 authorisation
26 (1) A non-university institution may apply to the Minister
27 for the grant of a self-accrediting authorisation.
28 (2) An application request must --
29 (a) be accompanied by a payment agreement; and
page 13
Higher Education Amendment Bill 2009
s. 18
1 (b) include the prescribed information.
2 (3) The Minister may in writing, require the applicant to
3 provide further information in relation to the
4 application.
5 (4) The requirement is to specify a reasonable time within
6 which the applicant must comply with the requirement.
7 (5) The Minster may refuse the application if the applicant
8 does not comply with a requirement under
9 subsection (3) within the time specified in the
10 requirement.
11 13B. Self-accrediting authorisation of non-university
12 institutions
13 (1) The Minister may grant a self-accrediting authorisation
14 for a non-university institution if satisfied that --
15 (a) the governance, financial resources, facilities,
16 staffing and student services of the institution
17 are or will be appropriate to the provision of
18 higher education courses; and
19 (b) the institution has structures and processes to
20 set standards for higher education courses that
21 are at least equal or equivalent to the Australian
22 standards appropriate to courses of that type;
23 and
24 (c) the institution meets any other criteria set out in
25 the National Protocols in relation to the
26 standards and qualities required for approval of
27 an institution to self-accredit its courses.
28 (2) When deciding whether to grant a self-accrediting
29 authorisation, the Minister must have regard to the
30 report of the higher education advisory committee
31 appointed to consider the matter.
page 14
Higher Education Amendment Bill 2009
s. 18
1 (3) When deciding whether to grant a self-accrediting
2 authorisation, the Minister may also have regard to the
3 following --
4 (a) the governance, financial resources, facilities,
5 staffing and student services of comparable
6 institutions;
7 (b) any other relevant information.
8 (4) A self-accrediting authorisation may authorise the
9 institution to do one or more of the following --
10 (a) accredit higher education courses leading to a
11 higher education award within a field or a range
12 of fields specified in the authorisation;
13 (b) accredit higher education courses leading to a
14 higher education award of a type or types
15 specified in the authorisation.
16 (5) The Minister may grant a self-accrediting authorisation
17 subject to any conditions relevant to --
18 (a) ensuring that the non-university institution
19 meets or continues to meet the criteria referred
20 to in section 13B(1); or
21 (b) protecting the interests of the students enrolled
22 in the higher education courses provided by the
23 institution.
24 13C. Further conditions on self-accrediting authorisation
25 (1) The Minister may, at any time after a self-accrediting
26 authorisation has been granted, make the authorisation
27 subject to any conditions relevant to --
28 (a) ensuring that the non-university institution
29 meets or continues to meet the criteria referred
30 to in section 13B(1); or
page 15
Higher Education Amendment Bill 2009
s. 18
1 (b) protecting the interests of the students enrolled
2 in the higher education courses provided by the
3 institution.
4 (2) Before making a self-accrediting authorisation subject
5 to conditions under subsection (1), the Minister
6 must --
7 (a) give the non-university institution an
8 opportunity to make representations on the
9 matter; and
10 (b) consider any representations made; and
11 (c) have regard to the interests of the students
12 enrolled in the higher education courses
13 provided by the institution.
14 13D. Suspension or revocation of self-accrediting
15 authorisation
16 (1) The Minister may suspend or revoke a self-accrediting
17 authorisation if --
18 (a) the non-university institution does not comply
19 with a condition to which the authorisation has
20 been made subject under section 13B(5) or
21 13C(1); or
22 (b) the Minister is no longer satisfied that the
23 non-university institution meets the criteria
24 referred to in section 13B(1).
25 (2) The suspension or revocation of a self-accrediting
26 authorisation may be in respect of one or more of the
27 higher education courses that the non-university
28 institution is authorised to accredit.
page 16
Higher Education Amendment Bill 2009
s. 19
1 (3) Before suspending or revoking a self-accrediting
2 authorisation, the Minister must --
3 (a) give the non-university institution an
4 opportunity to make representations on the
5 matter; and
6 (b) consider any representations made; and
7 (c) have regard to the interests of the students
8 enrolled in the higher education courses
9 provided by the institution.
10 (4) A suspension or revocation under subsection (1) is to
11 be given to the non-university institution in writing
12 signed by the Minister and is to --
13 (a) state the grounds relied on in making the
14 decision; and
15 (b) where relevant, specify the higher education
16 courses to which it applies.
17 (5) A suspension or revocation has effect to the extent
18 specified in the written notice.
19
20 19. Part 2 Division 3 Subdivision 3 heading inserted
21 Before section 13 insert:
22
23 Subdivision 3 -- Provider's authorisation of
24 non-university institutions
25
26 20. Section 13 amended
27 (1) In section 13(1) after "for" insert:
28
29 the grant or renewal of
30
page 17
Higher Education Amendment Bill 2009
s. 21
1 (2) After section 13(2) insert:
2
3 (3) The Minister may in writing, require the applicant to
4 provide further information in relation to the
5 application.
6 (4) The requirement is to specify a reasonable time within
7 which the applicant must comply with the requirement.
8 (5) The Minster may refuse the application if the applicant
9 does not comply with a requirement under
10 subsection (3) within the time specified in the
11 requirement.
12
13 21. Section 14 amended
14 (1) In section 14(1):
15 (a) delete "authorise a non-university institution to provide
16 a higher education course" and insert:
17
18 grant or renew a provider's authorisation for a
19 non-university institution
20
21 (b) in paragraph (a) delete "the course; and" and insert:
22
23 higher education courses; and
24
25 (2) In section 14(2) and (3) delete "give" and insert:
26
27 grant or renew
28
page 18
Higher Education Amendment Bill 2009
s. 22
1 (3) Delete section 14(4) and insert:
2
3 (4) The Minister may grant or renew a provider's
4 authorisation subject to any conditions relevant to --
5 (a) ensuring that the non-university institution
6 meets or continues to meet the criteria referred
7 to in section 14(1); or
8 (b) protecting the interests of the students enrolled
9 in the higher education courses provided by the
10 institution.
11
12 22. Sections 15A and 15B inserted
13 After section 14 insert:
14
15 15A. Duration of provider's authorisation
16 (1) Unless otherwise provided under this Act, a provider's
17 authorisation continues in force --
18 (a) for 5 years from the day on which the
19 authorisation is granted; or
20 (b) if an earlier day is specified in the
21 authorisation, until that day.
22 (2) The Minister may extend a provider's authorisation, in
23 writing given to the non-university institution, for a
24 period of up to 6 months after the day on which it
25 would otherwise have ceased to be in force if --
26 (a) an application for the renewal of the
27 authorisation was made --
28 (i) 6 months or more before that day; or
page 19
Higher Education Amendment Bill 2009
s. 22
1 (ii) less than 6 months before that day, if
2 that day is less than 6 months after the
3 commencement of the Higher
4 Education Amendment Act 2009
5 section 22;
6 and
7 (b) the Minister has not made a final decision on
8 that application before that day.
9 15B. Further conditions on provider's authorisation
10 (1) The Minister may, at any time after a provider's
11 authorisation has been granted, make the authorisation
12 subject to any conditions relevant to --
13 (a) ensuring that the non-university institution
14 meets or continues to meet the criteria referred
15 to in section 14(1); or
16 (b) protecting the interests of the students enrolled
17 in the higher education courses provided by the
18 institution.
19 (2) Before making a provider's authorisation subject to
20 conditions under subsection (1), the Minister must --
21 (a) give the non-university institution an
22 opportunity to make representations on the
23 matter; and
24 (b) consider any representations made; and
25 (c) have regard to the interests of the students
26 enrolled in the higher education courses
27 provided by the institution.
28
page 20
Higher Education Amendment Bill 2009
s. 23
1 23. Section 15 amended
2 (1) Delete section 15(1) and insert:
3
4 (1) The Minister may suspend or revoke a provider's
5 authorisation if --
6 (a) the non-university institution does not comply
7 with a condition to which the authorisation has
8 been made subject under section 14(4) or
9 15B(1); or
10 (b) the Minister is no longer satisfied that the
11 non-university institution meets the criteria
12 referred to in section 14(1).
13
14 (2) In section 15(2)(c) before "courses" insert:
15
16 higher education
17
18 24. Part 2 Division 3 Subdivision 4 heading inserted
19 Before section 16 insert:
20
21 Subdivision 4 -- Accredited higher education courses
22
23 25. Section 16 replaced
24 Delete section 16 and insert:
25
26 16. Accredited higher education courses
27 A higher education course provided by a
28 non-university institution is accredited for the purposes
29 of this Act if --
30 (a) a self-accrediting authorisation is in force for
31 the institution and the course is accredited by
page 21
Higher Education Amendment Bill 2009
s. 26
1 the institution in accordance with that
2 authorisation; or
3 (b) ministerial accreditation is in force for the
4 course; or
5 (c) the course is accredited by or under a written
6 law of the Commonwealth, another State, the
7 Australian Capital Territory or the Northern
8 Territory.
9
10 26. Part 2 Division 3 Subdivision 5 heading inserted
11 After section 16 insert:
12
13 Subdivision 5 -- Ministerial accreditation of higher
14 education courses
15
16 27. Section 17A inserted
17 Before section 17 insert:
18
19 17A. Application of this Subdivision
20 This Subdivision applies to a course provider that is a
21 non-university institution.
22
23 28. Section 17 amended
24 (1) In section 17(1) after "accreditation" insert:
25
26 or renewal of accreditation
27
page 22
Higher Education Amendment Bill 2009
s. 29
1 (2) After section 17(2) insert:
2
3 (3) The Minister may in writing, require the applicant to
4 provide further information in relation to the
5 application.
6 (4) The requirement is to specify a reasonable time within
7 which the applicant must comply with the requirement.
8 (5) The Minster may refuse the application if the applicant
9 does not comply with a requirement under
10 subsection (3) within the time specified in the
11 requirement.
12
13 29. Section 18 amended
14 (1) In section 18(1) and (2) delete "accredit" and insert:
15
16 accredit, or renew the accreditation of,
17
18 (2) In section 18(3):
19 (a) delete "accredit" and insert:
20
21 accredit, or renew the accreditation of,
22
23 (b) in paragraph (a) delete "recognised" (first occurrence).
24 (3) Delete section 18(4), (5) and (6).
25 (4) Delete section 18(7) and insert:
26
27 (7) The Minister may make the accreditation of a higher
28 education course subject to any conditions relevant
29 to --
30 (a) ensuring the course meets or continues to meet
31 the criteria referred to in section 18(1); or
page 23
Higher Education Amendment Bill 2009
s. 30
1 (b) protecting the interests of the students enrolled
2 in the course.
3
4 30. Sections 19A and 19B inserted
5 After section 18 insert:
6
7 19A. Duration of accreditation
8 (1) Unless otherwise provided under this Act, ministerial
9 accreditation of a higher education course continues in
10 force until --
11 (a) the day that is 5 years after the day on which
12 the course is registered under section 23(3); or
13 (b) if an earlier day is specified in the accreditation,
14 that day.
15 (2) The Minister may extend accreditation of a higher
16 education course, in writing given to the course
17 provider, for a period of up to 6 months after the day
18 on which it would otherwise have ceased to be in force
19 if --
20 (a) an application for the renewal of the
21 accreditation was made --
22 (i) 6 months or more before that day; or
23 (ii) less than 6 months before that day, if
24 that day is less than 6 months after the
25 commencement of the Higher
26 Education Amendment Act 2009
27 section 30;
28 and
29 (b) the Minister has not made a final decision on
30 that application before that day.
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Higher Education Amendment Bill 2009
s. 31
1 19B. Further conditions on accreditation
2 (1) The Minister may, at any time after accrediting a
3 higher education course, make the accreditation subject
4 to any conditions relevant to --
5 (a) ensuring the course meets or continues to meet
6 the criteria referred to in section 18(1); or
7 (b) protecting the interests of the students enrolled
8 in the course.
9 (2) Before making accreditation of a higher education
10 course subject to conditions under subsection (1), the
11 Minister must --
12 (a) give the course provider an opportunity to make
13 representations on the matter; and
14 (b) consider any representations made; and
15 (c) have regard to the interests of the students
16 enrolled in the course.
17
18 31. Section 19 amended
19 (1) Delete section 19(1).
20 (2) Delete section 19(2) and insert:
21
22 (2) The Minister may suspend or revoke the accreditation
23 of a higher education course if --
24 (a) the course provider does not comply with a
25 condition to which the accreditation is subject
26 under section 18(7) or 19B(1); or
27 (b) the Minister is no longer satisfied that the
28 course meets the criteria referred to in
29 section 18(1).
30
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Higher Education Amendment Bill 2009
s. 32
1 (3) In section 19(3) delete "the ministerial accreditation," and
2 insert:
3
4 accreditation of a higher education course,
5
6 Note: The heading to amended section 19 is to read:
7 Suspension or revocation of ministerial accreditation
8 32. Part 2 Division 4 heading inserted
9 After section 19 insert:
10
11 Division 4 -- Higher education advisory committees
12
13 33. Section 20 amended
14 (1) Delete section 20(1) and insert:
15
16 (1) The Minister must appoint a person who is or persons
17 who are suitably qualified and experienced to
18 constitute a higher education advisory committee to
19 consider and report to the Minister --
20 (a) on the receipt of a request made under
21 section 7(1);
22 (b) on an application made under section 9, 13A,
23 13 or 17.
24
25 (2) After section 20(1) insert:
26
27 (2A) Before appointing a person or persons to constitute a
28 higher education advisory committee under
page 26
Higher Education Amendment Bill 2009
s. 34
1 subsection (1) in respect of a particular request or
2 application, the Minister must --
3 (a) provide to the person making the request or
4 application an opportunity to comment on the
5 composition and membership of the committee;
6 and
7 (b) take into account the comments (if any)
8 provided to the Minister by the person making
9 the request or application.
10
11 34. Section 21A inserted
12 After section 20 insert:
13
14 21A. Report of higher education advisory committee to
15 be provided to applicant
16 (1) The Minister must, as soon as is practicable after
17 receiving the report on an application referred to in
18 section 20(1)(b) (the report), give a copy of the report
19 to the applicant.
20 (2) The applicant may request the Minister to undertake a
21 review of the report.
22 (3) A request to undertake a review of a report must --
23 (a) be made within 30 days after the receipt by the
24 applicant of a copy of the report; and
25 (b) set out the grounds on which the applicant is
26 seeking a review of the report; and
27 (c) be accompanied by the fee prescribed by, or
28 calculated under, the regulations.
29 (4) On receipt of a request to undertake a review of a
30 report the Minister may refer the request to any
page 27
Higher Education Amendment Bill 2009
s. 35
1 suitably qualified person or persons to consider and
2 report to the Minister on the request.
3 (5) The Minister must not make a decision on an
4 application referred to in section 20(1)(b) until --
5 (a) the applicant advises the Minister in writing
6 that the applicant accepts the report; or
7 (b) 31 days have elapsed since the date on which
8 the applicant is given a copy of the report and
9 the applicant has not requested a review of the
10 report; or
11 (c) the applicant has requested a review of the
12 report and that review has been completed.
13
14 35. Part 3A heading inserted
15 After section 21 insert:
16
17 Part 3A -- Reviews and investigation
18
19 36. Section 22 amended
20 In section 22:
21 (a) in paragraph (b) delete "higher education provider; or"
22 and insert:
23
24 non-university institution; or
25
26 (b) delete paragraph (c) and insert:
27
28 (c) the provision and standard of an accredited
29 course provided by an authorised
30 non-university institution.
31
page 28
Higher Education Amendment Bill 2009
s. 37
1 (c) after paragraph (a) insert:
2
3 or
4
5 37. Sections 23A to 23C inserted
6 After section 22 insert:
7
8 23A. Inspectors, appointment of
9 (1) In this section --
10 certificate means a certificate given under
11 subsection (3).
12 (2) The Minister, in writing, may appoint persons to
13 investigate --
14 (a) compliance with any condition to which a
15 provider's authorisation or a self-accrediting
16 authorisation is subject; or
17 (b) compliance with any condition to which
18 ministerial accreditation of a higher education
19 course is subject; or
20 (c) suspected contraventions of this Act; or
21 (d) any matters relevant to carrying out a review
22 under section 22,
23 on any terms the Minister decides and specifies in the
24 appointment.
25 (3) The Minister must give each inspector a certificate of
26 his or her appointment.
27 (4) A person who ceases to be an inspector must return his
28 or her certificate to the Minister within 21 days.
29 Penalty: a fine of $400.
page 29
Higher Education Amendment Bill 2009
s. 37
1 (5) A certificate that purports to be signed by the Minister
2 is, in the absence of evidence to the contrary, evidence
3 of its contents.
4 (6) If requested to do so and if practicable, an inspector
5 must produce his or her certificate for inspection when
6 exercising a function of an inspector.
7 23B. Inspectors' powers
8 (1) For the purpose of investigating any matter that he or
9 she is authorised to investigate, an inspector may do
10 any or all of the following --
11 (a) at any reasonable time, enter, inspect and
12 search any place, other than a dwelling, that the
13 inspector suspects on reasonable grounds is a
14 place where a higher education course is
15 provided;
16 (b) give a person a written direction to produce to
17 the inspector the records that are specified or
18 described in the direction and that are in the
19 person's possession;
20 (c) read and seize or copy any record the inspector
21 suspects on reasonable grounds is or may be
22 relevant to the matter being investigated;
23 (d) direct a person to answer any question that is
24 relevant to the matter being investigated.
25 (2) A person who is given a written direction under
26 subsection (1)(b) must obey it.
27 Penalty: a fine of $10 000.
28 (3) A person who is directed under subsection (1)(d) to
29 answer a question must not refuse to answer unless the
30 answer would tend to incriminate the person or make
31 the person liable to a penalty.
32 Penalty: a fine of $10 000.
page 30
Higher Education Amendment Bill 2009
s. 38
1 (4) A person must not give an inspector information that
2 the person knows is false or misleading.
3 Penalty: a fine of $10 000.
4 23C. Consequences of investigations
5 (1) An inspector may give the Minister any information
6 that the Minister may need in relation to performing his
7 or her functions under this Act.
8 (2) A prosecution for an offence under this Act cannot be
9 commenced except by or with the approval of the
10 Minister.
11
12 38. Section 23 amended
13 (1) After section 23(2) insert:
14
15 (3A) If the Minister grants a self-accrediting authorisation
16 for a non-university institution, the Minister must
17 arrange for the authorisation to be registered by
18 entering in the register --
19 (a) the name of the institution; and
20 (b) a description of the higher education courses
21 that the institution is authorised under
22 section 13B(4) to accredit; and
23 (c) any other relevant particulars.
24
25 (2) In section 23(4) delete "at reasonable times." and insert:
26
27 during normal office hours.
28
page 31
Higher Education Amendment Bill 2009
s. 39
1 39. Section 24A inserted
2 After section 23 insert:
3
4 24A. Minister to make National Protocols available for
5 inspection
6 The Minister must ensure that a copy of the National
7 Protocols is available for public inspection during
8 normal office hours.
9
10 40. Section 26A inserted
11 After section 25 insert:
12
13 26A. Protection from liability
14 (1) An action in tort does not lie against a person for
15 anything that the person has, in good faith, done in the
16 performance or purported performance of a function
17 under this Act.
18 (2) The protection given by this Act applies even if the
19 thing done in the performance or purported
20 performance of a function under this Act may have
21 been capable of being done whether or not this Act had
22 been enacted.
23 (3) This section does not relieve the State of any liability it
24 might have for the doing of anything by a person
25 against whom this section provides that an action does
26 not lie.
27 (4) In this section a reference to the doing of anything
28 includes a reference to the omission to do anything.
29
page 32
Higher Education Amendment Bill 2009
s. 41
1 41. Section 27A inserted
2 After section 26 insert:
3
4 27A. Evidentiary matters
5 A certificate that purports to be issued by the Minister
6 stating --
7 (a) that at a specified time, a non-university
8 institution did or did not have a provider's
9 authorisation; or
10 (b) a condition to which a provider's authorisation
11 was subject at the time specified in the
12 certificate; or
13 (c) that at a specified time, a non-university
14 institution did or did not have a self-accrediting
15 authorisation; or
16 (d) a condition to which a self-accrediting
17 authorisation was subject at the time specified
18 in the certificate; or
19 (e) that at a specified time, a higher education
20 course was or was not accredited; or
21 (f) a condition to which a ministerial accreditation
22 of a higher education course was subject at the
23 time specified in the certificate,
24 is, in the absence of evidence to the contrary, evidence
25 of its contents.
26
page 33
Higher Education Amendment Bill 2009
s. 42
1 42. Section 28 replaced
2 Delete section 28 and insert:
3
4 28. Agreement to pay costs of considering application
5 or request
6 (1) The Minister may enter into a written arrangement with
7 a person who intends to make a request under section 7
8 or an application under section 9 or 13A for the person
9 to pay --
10 (a) the reasonable costs and expenses incurred by
11 the Minister in considering the request or
12 application; and
13 (b) the reasonable costs and expenses incurred by,
14 or by the Minister on behalf of, a higher
15 education advisory committee appointed to
16 consider and report to the Minister on the
17 request or application.
18 (2) Regulations may make provision for and in relation to
19 an agreement referred to in subsection (1) including in
20 connection with --
21 (a) the ambit of the agreement;
22 (b) the making of the agreement;
23 (c) the costs and expenses to be paid under the
24 agreement, including as to the method of
25 calculating the costs and expenses;
26 (d) the methods for resolving any dispute about the
27 costs and expenses that are to be paid under the
28 agreement.
29
page 34
Higher Education Amendment Bill 2009
s. 43
1 43. Section 29 amended
2 In section 29 delete "jurisdiction." and insert:
3
4 jurisdiction as a debt due to the Crown.
5
6 44. Section 30 amended
7 (1) In section 30(2)(d) after "determination," insert:
8
9 self-accrediting authorisation,
10
11 (2) After section 30(2) insert:
12
13 (3) The regulations may provide for a method of
14 calculating a fee referred to in subsection (2)(e),
15 including calculation according to the costs and
16 expenses incurred in providing the service.
17
18
page 35
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