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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Higher Education Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Providing a course of study -- interpretation 4
5. Making representations -- interpretation 4
Part 2 -- Establishing and maintaining
standards for higher education
6. Protection of titles and awards 5
7. Recognised Australian universities 6
8. Recognised overseas universities 6
9. Applications for section 10 determination 6
10. Recognition of university standards 6
11. Suspension or revocation of section 10 determination 8
12. Authorised non-university institutions 9
13. Applications for provider's authorisations 9
14. Authorisation of non-university institutions 9
15. Suspension or revocation of provider's authorisation 10
16. Accredited higher education courses 10
17. Applications for ministerial accreditation 10
18. Ministerial accreditations 11
19. Duration of accreditation 12
20. Higher education advisory committees 13
21. Remuneration of advisory committee members 14
22. Review of operations 14
Part 3 -- Other matters
23. Register of Higher Education 15
page i
191--2
Higher Education Bill 2003
Contents
24. Delegation by Minister 15
25. Act binds Crown 16
26. Disclosure of information 16
27. Vicarious liability for corporations 16
28. Consent to institution of proceedings for an offence 17
29. Recovery of fees 17
30. Regulations 17
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Higher Education Bill 2003
A Bill for
An Act to provide for recognition of Australian and overseas
universities, authorisation of other higher education institutions and
accreditation of higher education courses, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Higher Education Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Higher Education Act 2003.
2. Commencement
5 This Act comes into operation on the day on which it receives
the Royal Assent.
3. Interpretation
In this Act, unless the contrary intention appears --
"accredited", in relation to a course of study, means accredited
10 for the purposes of this Act as provided by section 16;
"Australian university" means an education institution that --
(a) was originally established in Australia; and
(b) is established or recognised as a university by or
under a written law of this State, the Commonwealth,
15 another State, the Australian Capital Territory or the
Northern Territory;
"authorised non-university institution" means a
non-university institution that is authorised under
section 12 to provide a higher education course;
20 "company" has the same meaning as in the Corporations
Act 2001 of the Commonwealth;
"course provider", in relation to a higher education course,
means the education institution that provides, offers to
provide or proposes to provide the course;
25 "education institution" means a company or other body that
provides, offers to provide or proposes to provide a course
of study;
page 2
Higher Education Bill 2003
Preliminary Part 1
s. 3
"education Minister" means the Minister of State of the
Commonwealth, for a State, the Australian Capital
Territory or the Northern Territory who is principally
responsible for the administration of the law relating to
5 higher education in the respective jurisdiction;
"higher education advisory committee" means a person or
persons appointed under section 20;
"higher education award" means --
(a) a degree or higher degree;
10 (b) a diploma, advanced diploma, graduate diploma or
certificate, if the course of study relating to it is
classified as higher education in the course
descriptions published by the Australian
Qualifications Framework Advisory Board; or
15 (c) any other award, if the course of study relating to it is
classified as higher education in the course
descriptions published by the Australian
Qualifications Framework Advisory Board;
"higher education course" means a course of study that
20 entitles a person who satisfies the course requirements to
the conferral of a higher education award;
"National Protocols" means the National Protocols for Higher
Education Approval Processes approved by the Ministerial
Council on Education, Employment, Training and Youth
25 Affairs on 31 March 2000, as amended from time to time;
"ministerial accreditation", in relation to a higher education
course, means accreditation under section 18;
"non-university institution" means an education institution
that is not --
30 (a) a recognised Australian university; or
(b) a recognised overseas university;
"overseas university" means an education institution that --
(a) was originally established in another country; and
page 3
Higher Education Bill 2003
Part 1 Preliminary
s. 4
(b) is established, recognised or accredited as a
university by the appropriate authorities of that
country;
"provider's authorisation" means authorisation given to a
5 non-university institution under section 14;
"recognised Australian university" has the meaning given in
section 7;
"recognised overseas university" has the meaning given in
section 8;
10 "represent" has the meaning given in section 5;
"section 10 determination", in relation to an education
institution, means a determination under section 10 that the
institution meets the criteria for recognition as a university.
4. Providing a course of study -- interpretation
15 For the purposes of this Act, a person provides a course of study
if the institution or an agent of the institution enrols or offers to
enrol students to undertake the course, whether the course is
provided face-to-face or at a distance by post, fax, email or any
other means.
20 5. Making representations -- interpretation
For the purposes of this Act, a person represents that a state of
affairs exists if the person does or says anything, or allows
anything to be done or said, by which it is represented, or by
which a belief may be induced, that the state of affairs exists.
page 4
Higher Education Bill 2003
Establishing and maintaining standards for higher education Part 2
s. 6
Part 2 -- Establishing and maintaining standards for
higher education
6. Protection of titles and awards
(1) An education institution or an agent of an education institution
5 must not, by use of the title "university" or in any other way,
represent that the education institution is a university or part of a
university unless it is --
(a) a recognised Australian university; or
(b) a recognised overseas university.
10 Penalty: $20 000.
(2) Subsection (1) does not apply to --
(a) the organisation known as "U3A" (the "University of
the Third Age"); or
(b) a prescribed person or organisation.
15 (3) A person must not confer or offer to confer or purport to confer
a higher education award on anyone unless the person is --
(a) a recognised Australian university;
(b) a recognised overseas university;
(c) an authorised non-university institution; or
20 (d) an agent of an institution referred to in paragraph (a), (b)
or (c).
Penalty: $20 000.
(4) A person must not represent that a course of study leads to, or
would entitle a person who satisfies the course requirements to,
25 the conferral of a higher education award, unless --
(a) the course provider is a recognised Australian
university, a recognised overseas university or an
authorised non-university institution; and
page 5
Higher Education Bill 2003
Part 2 Establishing and maintaining standards for higher education
s. 7
(b) the course is accredited.
Penalty: $20 000.
7. Recognised Australian universities
An education institution is a recognised Australian university
5 for the purposes of this Act if the institution is an Australian
university or part of an Australian university.
8. Recognised overseas universities
An education institution is a recognised overseas university for
the purposes of this Act if --
10 (a) it is part of an overseas university; and
(b) a section 10 determination is in force in respect of the
institution.
9. Applications for section 10 determination
(1) An education institution may apply to the Minister for a
15 section 10 determination.
(2) An application must --
(a) be accompanied by the fee prescribed by, or calculated
under, the regulations; and
(b) include the prescribed information.
20 10. Recognition of university standards
(1) The Minister may determine that an education institution meets
the criteria for recognition as a university if satisfied that --
(a) the institution is or will be providing higher education
courses across a range of fields at a standard that is at
25 least equal or equivalent to the Australian standards
appropriate to the courses;
page 6
Higher Education Bill 2003
Establishing and maintaining standards for higher education Part 2
s. 10
(b) the institution demonstrates teaching and learning in
those fields that engage with knowledge and inquiry at a
level that is at least equal or equivalent to the levels of
teaching, learning and research carried on at recognised
5 Australian universities;
(c) the institution fosters a culture of sustained scholarship
and the extension of knowledge through research and
original creative endeavour in those fields that is
comparable to the culture of scholarship, research and
10 creative endeavour in those fields in recognised
Australian universities;
(d) the institution and its teachers, researchers, course
designers and assessors are committed to free inquiry
and the systematic advancement of knowledge in those
15 fields;
(e) the institution's governance, procedural rules,
organisation, admission policies, financial arrangements
and quality assurance processes promote the
establishment and maintenance of the values and goals
20 referred to in paragraphs (a), (b), (c) and (d);
(f) the institution has sufficient financial and other
resources to enable the institution to deliver its courses
and research programmes in the future;
(g) the institution meets any other criteria set out in the
25 National Protocols in relation to the standards and
qualities required of a university; and
(h) the institution satisfies any other prescribed criteria.
(2) Before making a determination, the Minister must have regard
to the report of the higher education advisory committee
30 appointed to consider the matter.
(3) When making a determination, the Minister may also have
regard to any or all of the following --
(a) any national policies and agreements about the
governance and other characteristics of Australian
page 7
Higher Education Bill 2003
Part 2 Establishing and maintaining standards for higher education
s. 11
universities made by the Minister with other education
Ministers;
(b) in the case of an overseas university -- the national and
international standing and reputation of the university;
5 (c) any other relevant information.
(4) Even if an education institution that is part of, or is affiliated
with, an overseas university does not offer higher education
courses across a wide range of fields, the Minister may make a
determination in respect of the institution if satisfied that --
10 (a) the overseas university meets the criteria set out in
subsection (1); and
(b) the institution meets the criteria in relation to the higher
education courses it provides or proposes to provide in
Western Australia.
15 (5) If the Minister makes a determination, the Minister must
arrange for a copy of the determination to be laid before each
House of the Parliament.
11. Suspension or revocation of section 10 determination
(1) The Minister may suspend or revoke a section 10 determination
20 if no longer satisfied of the matters referred to in section 10(1)
or (4).
(2) Before suspending or revoking a determination, the Minister
must --
(a) give the education institution an opportunity to make
25 representations on the matter;
(b) consider any representations made; and
(c) have regard to the interests of students enrolled in higher
education courses at the institution.
(3) A suspension or revocation under subsection (1) is to be given
30 to the education institution in writing signed by the Minister and
is to state the grounds relied on in making the decision.
page 8
Higher Education Bill 2003
Establishing and maintaining standards for higher education Part 2
s. 12
12. Authorised non-university institutions
A non-university institution is authorised to provide a higher
education course if --
(a) a provider's authorisation is in force for the institution;
5 and
(b) ministerial accreditation is in force for the course.
13. Applications for provider's authorisations
(1) A non-university institution may apply to the Minister for a
provider's authorisation.
10 (2) An application must --
(a) be accompanied by the fee prescribed by, or calculated
under, the regulations; and
(b) include the prescribed information.
14. Authorisation of non-university institutions
15 (1) The Minister may authorise a non-university institution to
provide a higher education course if satisfied that --
(a) the governance, financial resources, facilities, staffing
and student services of the institution are or will be
appropriate to the provision of the course; and
20 (b) the institution otherwise meets the criteria set out in the
National Protocols in relation to non-university
institutions.
(2) When deciding whether to give a provider's authorisation, the
Minister must have regard to the report of the higher education
25 advisory committee appointed to consider the matter.
(3) When deciding whether to give a provider's authorisation, the
Minister may also have regard to the following --
(a) the governance, financial resources, facilities, staffing
and student services of comparable institutions;
30 (b) any other relevant information.
page 9
Higher Education Bill 2003
Part 2 Establishing and maintaining standards for higher education
s. 15
(4) The Minister may give a provider's authorisation subject to any
conditions relevant to ensuring that the non-university
institution meets or continues to meet the criteria referred to in
subsection (1).
5 15. Suspension or revocation of provider's authorisation
(1) The Minister may suspend or revoke a provider's authorisation
if no longer satisfied that the non-university institution is
qualified to provide a higher education course.
(2) Before suspending or revoking a provider's authorisation, the
10 Minister must --
(a) give the non-university institution an opportunity to
make representations on the matter;
(b) consider any representations made; and
(c) have regard to the interests of students enrolled in the
15 courses provided by the institution.
(3) A suspension or revocation under subsection (1) is to be given
to the non-university institution in writing signed by the
Minister and is to state the grounds relied on in making the
decision.
20 16. Accredited higher education courses
(1) A higher education course provided by a recognised Australian
university is accredited for the purposes of this Act.
(2) A higher education course provided by a recognised overseas
university or a non-university institution is accredited for the
25 purposes of this Act if ministerial accreditation is in force for
the course.
17. Applications for ministerial accreditation
(1) A course provider may apply to the Minister for accreditation of
a higher education course.
page 10
Higher Education Bill 2003
Establishing and maintaining standards for higher education Part 2
s. 18
(2) An application must --
(a) be accompanied by the fee prescribed by, or calculated
under, the regulations; and
(b) include the prescribed information.
5 18. Ministerial accreditations
(1) The Minister may accredit a higher education course leading to
a particular higher education award if satisfied that --
(a) the standard of the course and the way in which it is
being or will be provided are appropriate to the award;
10 and
(b) the course meets any other applicable criteria set out in
the National Protocols in relation to the standards to be
met by courses leading to an award of that kind.
(2) When deciding whether to accredit a higher education course,
15 the Minister must have regard to the report of the higher
education advisory committee appointed to consider the matter.
(3) When deciding whether to accredit a higher education course,
the Minister may also have regard to the following --
(a) the standard and provision of comparable courses
20 provided by recognised Australian universities or
recognised overseas universities;
(b) any other relevant information.
(4) Ministerial accreditation of a higher education course is subject
to the condition that the course provider gives to the Minister as
25 much access to the course provider's premises, and as much
information, as the Minister from time to time requires for any
or all of the following purposes --
(a) to determine whether any conditions to which the
accreditation is subject under subsection (7) are being
30 complied with;
page 11
Higher Education Bill 2003
Part 2 Establishing and maintaining standards for higher education
s. 19
(b) to determine whether the provision and standard of the
course meet or continue to meet the criteria referred to
in subsection (1); or
(c) to carry out a review under section 22(c) of the
5 provision and standard of the course.
(5) A right of access under subsection (4) may be exercised --
(a) without notice during ordinary and actual business hours
on any day; or
(b) after giving written notice of not less than 24 hours if
10 access is to occur at any other time.
(6) A requirement under subsection (4) --
(a) is to be in writing identifying the form and content of
the information or described by reference to a class or
type of information that corresponds to that in the
15 requirement; and
(b) is to state the purpose of the requirement and require the
information to an extent that is proportionate in scope
and content to that purpose.
(7) The Minister may make the accreditation of a higher education
20 course subject to any conditions relevant to ensuring that the
course meets or continues to meet the criteria referred to in
subsection (1).
19. Duration of accreditation
(1) A ministerial accreditation of a higher education course
25 continues in force for 5 years from the day on which the course
is registered under section 23(3), unless the accreditation is
revoked before then.
(2) The Minister may suspend or revoke the ministerial
accreditation of a higher education course if --
30 (a) the course provider does not comply with a condition of
the accreditation imposed under section 18(4) or (7); or
page 12
Higher Education Bill 2003
Establishing and maintaining standards for higher education Part 2
s. 20
(b) the Minister is no longer satisfied of the matters referred
to in section 18(1) in relation to the course.
(3) Before suspending or revoking the ministerial accreditation, the
Minister must --
5 (a) give the course provider an opportunity to make
representations on the matter;
(b) consider any representations made;
(c) have regard to the interests of students enrolled in the
course.
10 (4) A suspension or revocation under subsection (2) is to be given
to the course provider in writing signed by the Minister and is to
state the grounds relied on in making the decision.
20. Higher education advisory committees
(1) The Minister must appoint a person or persons who is or are
15 suitably qualified and experienced to constitute a higher
education advisory committee to consider and report to the
Minister on an application made under section 9, 13 or 17.
(2) The Minister may --
(a) appoint a person or persons who is or are suitably
20 qualified and experienced to constitute a higher
education advisory committee to consider and report to
the Minister on any other matter related to the Minister's
functions under this Act; and
(b) have regard to the committee's report on the matter
25 when making a decision or carrying out any other
function in relation to the matter.
(3) A higher education advisory committee may be appointed
ad hoc or as a standing committee.
page 13
Higher Education Bill 2003
Part 2 Establishing and maintaining standards for higher education
s. 21
21. Remuneration of advisory committee members
(1) The remuneration and allowances of a person appointed to a
higher education advisory committee are to be determined by
the Minister.
5 (2) Subsection (1) has effect subject to the Salaries and Allowances
Act 1975 if that Act applies to the person.
(3) A determination is only to be made after having regard to the
recommendation of the Minister for Public Sector Management.
22. Review of operations
10 The Minister may at any time review --
(a) the operation of a recognised overseas university;
(b) the operation of an authorised higher education
provider; or
(c) the provision and standard of an accredited course
15 provided by a recognised overseas university or an
authorised higher education provider.
page 14
Higher Education Bill 2003
Other matters Part 3
s. 23
Part 3 -- Other matters
23. Register of Higher Education
(1) The Minister must ensure that a Register of Higher Education is
established and maintained.
5 (2) The register may be kept electronically or by any other means.
(3) If the Minister accredits a higher education course, the Minister
must arrange for the course to be registered by entering in the
register --
(a) the name of the course;
10 (b) the name of the education institution that provides or
proposes to provide the course;
(c) the name of the higher education award to be conferred
on successful completion of the course; and
(d) any other relevant particulars.
15 (4) The register must be made available for public inspection at
reasonable times.
24. Delegation by Minister
(1) The Minister may delegate to the chief executive officer any
function of the Minister under another provision of this Act.
20 (2) A delegation must be in writing signed by the Minister.
(3) The chief executive officer, when carrying out a function that
has been delegated under this section, is taken to do so in
accordance with the terms of the delegation unless the contrary
is shown.
25 (4) Nothing in this section limits the ability of the Minister to
perform a function through an officer or agent.
page 15
Higher Education Bill 2003
Part 3 Other matters
s. 25
25. Act binds Crown
This Act binds the Crown in right of Western Australia and, so
far as the legislative power of the Parliament permits, the Crown
in all its other capacities.
5 26. Disclosure of information
(1) A person who acquires any information about the affairs of
another person as a result of carrying out a function under or for
the purposes of this Act must not, directly or indirectly, make a
record of, or divulge or communicate the information to a third
10 person.
(2) However, subsection (1) does not prohibit recording, divulging
or communicating information --
(a) in the performance of a function under or in connection
with this Act or the Consumer Affairs Act 1971;
15 (b) for the purposes of any proceedings under this Act or the
Consumer Affairs Act 1971; or
(c) in the course of an exchange of information with a
person or body performing a function under or in
connection with a law of the Commonwealth or of
20 another State or a Territory, being a law that is relevant
to the administration of higher education courses in
Australia.
(3) Nothing in this section affects the operation of the
Parliamentary Privileges Act 1891.
25 27. Vicarious liability for corporations
(1) If a body corporate is convicted of an offence against this Act,
each director and each other person concerned in the
management of the body corporate is guilty of a like offence if
the act that constituted the offence took place with his or her
30 authority, permission or consent.
page 16
Higher Education Bill 2003
Other matters Part 3
s. 28
(2) If an agent or employee of an education institution is convicted
of an offence against this Act, the institution is guilty of a like
offence unless the institution proves that --
(a) the offence was committed without its knowledge; and
5 (b) it exercised all due diligence to prevent the commission
of the offence.
28. Consent to institution of proceedings for an offence
Proceedings for an offence against this Act cannot be
commenced without the approval of the Minister.
10 29. Recovery of fees
A fee payable under this Act is recoverable by the Crown in a
court of competent jurisdiction.
30. Regulations
(1) The Governor may make regulations prescribing all matters that
15 are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to this
Act.
(2) Without limiting subsection (1), the regulations may provide for
any or all of the following matters --
20 (a) the records to be kept by education institutions;
(b) information and returns to be provided by education
institutions;
(c) controlling, regulating or prohibiting advertising by
education institutions;
25 (d) procedures relating to the suspension or revocation, or
proposed suspension or revocation, of a section 10
determination, a provider's authorisation or ministerial
accreditation;
(e) the fees payable for services provided under this Act;
page 17
Higher Education Bill 2003
Part 3 Other matters
s. 30
(f) the waiver, rebate or refund of fees payable under this
Act;
(g) penalties not exceeding $5 000 for an offence against
the regulations.
page 18
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