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Higher Education Legislation Amendment (2007 Measures No. 1) Bill 2007

Schedule 1 Approval and accreditation of higher education providers

   

Higher Education Support Act 2003

1  Subsection 3-5(2)

Omit “self-accrediting providers or non self-accrediting providers”, substitute “self-accrediting entities or non self-accrediting entities”.

2  Section 8-1

Omit “self-accrediting providers and non self-accrediting providers”, substitute “self-accrediting entities and non self-accrediting entities”.

3  Section 13-1

Omit “self-accrediting providers”, substitute “self-accrediting entities”.

4  Subsection 16-25(1)

Omit “(1)”.

5  Paragraph 16-25(1)(b)

Repeal the paragraph, substitute:

                     (b)  the body is:

                              (i)  an * Australian university; or

                             (ii)  a * self-accrediting entity; or

                            (iii)  a * non self-accrediting entity; and

6  Paragraph 16-25(1)(d)

Repeal the paragraph, substitute:

                     (d)  the body is in a State or Territory that the Minister is satisfied has legislation that complies with the * National Protocols; and

                   (da)  the body offers at least one * course of study that leads to a * higher education award; and

                   (db)  if the body is a self-accrediting entity:

                              (i)  the body is authorised by a * government accreditation authority to accredit that course; or

                             (ii)  the course is an * accredited course; and

                   (dc)  if the body is a non self-accrediting entity—the course is an accredited course; and

7  Subsections 16-25(2), (3) and (4)

Repeal the subsections.

8  Section 16-35

Repeal the section.

9  Paragraphs 19-15(2)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  the provider meets the requirements of section 19-20; and

                     (b)  if the provider is not a * Table A provider—the provider meets the requirements of section 19-25; and

                     (c)  if the provider is a Table A provider—the provider meets the requirements of section 19-27.

10  Section 19-20

Omit “(other than a * Table A provider)”.

Note:       The heading to section 19-20 is altered by omitting “ (other than Table A provider) ”.

11  Paragraph 19-20(a)

Repeal the paragraph, substitute:

                     (a)  be assessed, by a * government accreditation authority, as meeting the relevant requirements set out in the * National Protocols; and

12  Paragraph 19-20(b)

Omit “listed on the Australian Qualifications Framework Register”.

13  After section 19-75

Insert:

19-77   Notice of events affecting accreditation

                   A higher education provider must by writing inform the Minister of any event affecting:

                     (a)  the provider; or

                     (b)  a * related body corporate of the provider;

that relates to:

                     (c)  the provider’s authority to accredit * courses of study leading to * higher education awards; or

                     (d)  the accreditation by a * government accreditation authority, of such courses offered by the provider.

14  Paragraph 22-7(b)

Omit “16-25(1)(aa)”, substitute “16-25(aa)”.

15  Paragraph 22-10(1)(a)

Omit “a * university”, substitute “an * Australian university”.

Note 1:    The heading to section 22-10 is replaced by the heading “ Revocation of approval if status or accreditation changes ”.

Note 2:    The heading to subsection 22-10(1) is replaced by the heading “ Bodies that cease to be Australian universities ”.

16  Paragraph 22-10(1)(b)

Omit “a university”, substitute “an Australian university”.

17  Paragraph 22-10(2)(a)

Omit “provider” (first occurring), substitute “entity”.

Note:       The heading to subsection 22-10(2) is replaced by the heading “ Bodies that cease to be self-accrediting entities ”.

18  Paragraph 22-10(2)(b)

Omit “provider”, substitute “entity”.

19  After subsection 22-10(2)

Insert:

Self-accrediting entities that cease to have authority to accredit courses

          (2A)  The Minister may revoke a body’s approval as a higher education provider if:

                     (a)  the body was a * self-accrediting entity at the last time the body became a higher education provider; and

                     (b)  the body is no longer authorised by a * government accreditation authority to accredit a * course of study that the body was authorised to accredit at that time; and

                     (c)  the Minister complies with the requirements of section 22-20.

20  Paragraph 22-10(3)(a)

Omit “provider” (first occurring), substitute “entity”.

Note:       The heading to subsection 22-10(3) is replaced by the heading “ Bodies that cease to be non self-accrediting entities ”.

21  Paragraph 22-10(3)(b)

Omit “provider”, substitute “entity”.

22  At the end of section 22-10

Add:

Bodies offering courses that cease to be accredited courses

             (4)  The Minister may revoke a body’s approval as a higher education provider if:

                     (a)  the body was a * self-accrediting entity or a * non self-accrediting entity at the last time the body became a higher education provider; and

                     (b)  a * course of study offered by the body that was an * accredited course ceases to be an accredited course; and

                     (c)  the Minister complies with the requirements of section 22-20.

23  Paragraph 104-10(1)(b)

Repeal the paragraph, substitute:

                     (b)  if the unit is being undertaken as part of a course of study with a higher education provider and the course is not a course that the provider is authorised by a * government accreditation authority to accredit—the course is an * accredited course.

24  Section 206-1 (table items 5 to 10)

Repeal the items, substitute:

5

A decision under Division 225 (other than section 225-25), in relation to an external Territory

Division 225 (other than section 225-25)

the Minister

25  Section 217-1

Repeal the section, substitute:

217-1   What this Chapter is about

This Chapter primarily provides for approval of universities, self-accrediting entities and non self-accrediting entities to operate in external Territories, and for accreditation of courses of study in those Territories.

26  Section 222-1

Repeal the section, substitute:

222-1   What this Part is about

Certain persons (other than natural persons) may apply for approval to operate in an external Territory as a university, as a self-accrediting entity, or as a non self-accrediting entity.

All courses of study offered in an external Territory that an approved person is not authorised to accredit must be accredited by the Minister.

Persons (including natural persons) who do not have approval or accreditation under this Part may commit an offence if they operate as a university or other provider, offer higher education awards or describe themselves as universities, in an external Territory.

27  Subsection 225-1(1)

Repeal the subsection, substitute:

             (1)  A person (other than a natural person) who wishes to * operate in an external Territory as a university or other provider of * courses of study leading to * higher education awards, may apply in writing to the Minister:

                     (a)  for any of the following:

                              (i)  approval to operate as a university in relation to that Territory;

                             (ii)  approval to operate as a self-accrediting entity in relation to that Territory;

                            (iii)  approval to operate as a non self-accrediting entity in relation to that Territory; and

                     (b)  for accreditation, in relation to that Territory, of courses of study leading to higher education awards that the person proposes to offer in that Territory and is not authorised by a * government accreditation authority to accredit.

Note:          Division 228 contains offences for persons who operate as a university or other provider, offer higher education awards or describe themselves as universities, in an external Territory, without approval or accreditation under this Part.

Note:       The heading to section 225-1 is altered by omitting “ as self-accrediting entity or for accreditation of course ” and substituting “ and accreditation ”.

28  After subsection 225-1(2)

Insert:

          (2A)  The Minister may request an applicant to give the Minister specified additional information to enable the Minister to decide the application.

29  After section 225-1

Insert:

225-3   Approving a person to operate as a university in relation to an external Territory

             (1)  The Minister may approve a person to operate as a university in relation to an external Territory if:

                     (a)  the person applies for approval, under section 225-1, to operate as a university; and

                     (b)  the Minister is satisfied, following an assessment made having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, that it is appropriate to approve the person to operate as a university in relation to the external Territory; and

                     (c)  the person’s principal purpose is either or both of the following:

                              (i)  to provide education;

                             (ii)  to conduct research.

Note:          Refusal to approve a person to operate as a university is reviewable under Part 5-7.

             (2)  If the Minister approves a person to operate as a university in relation to an external Territory under subsection (1), he or she may, having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, approve the person’s use of:

                     (a)  the word “university”; or

                     (b)  the words “university college”; or

                     (c)  any like word or words;

for the purpose of:

                     (d)  identifying the person in the person’s * operation in the external Territory; or

                     (e)  identifying the person’s operation in the external Territory.

30  Section 225-5

Repeal the section, substitute:

225-5   Approving a person to operate as a self-accrediting entity in relation to an external Territory

             (1)  The Minister may approve a person to operate as a self-accrediting entity in relation to an external Territory if:

                     (a)  the person applies for approval, under section 225-1, to operate as a self-accrediting entity in relation to that Territory; and

                     (b)  the Minister is satisfied, following an assessment made having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, that it is appropriate that the person be authorised to accredit * courses of study leading to * higher education awards in relation to that Territory; and

                     (c)  the person’s principal purpose is either or both of the following:

                              (i)  to provide education;

                             (ii)  to conduct research.

Note:          Refusal to approve a person to operate as a self-accrediting entity is reviewable under Part 5-7.

             (2)  The Minister must, having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, specify in the approval:

                     (a)  whether the person’s authority to accredit * courses of study leading to * higher education awards in relation to that Territory is limited in any way; and

                     (b)  the nature of any such limitation.

Note 1:       An authority may be limited, for example, by reference to a field of study or level of qualification.

Note 2:       A decision to limit an authority is reviewable under Part 5-7.

Minister may accredit courses that person is not authorised to self-accredit

             (3)  If the Minister proposes to:

                     (a)  approve under subsection (1) a person to operate as a self-accrediting entity in relation to an external Territory; and

                     (b)  limit under subsection (2) the person’s authority to accredit * courses of study leading to * higher education awards in relation to that Territory;

the Minister may, when approving that person, accredit any course of study, in relation to that Territory, that the person proposes to offer in that Territory but would not be authorised to accredit because of that limitation.

             (4)  The Minister may only accredit a * course of study under subsection (3) in relation to an external Territory if the Minister is satisfied, following an assessment made having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, that the course, and the way of delivering it, are appropriate to the award.

Note:          A decision not to accredit a course of study under subsection (3) is reviewable under Part 5-7.

31  After section 225-5

Insert:

225-7   Approving a person to operate as a non self-accrediting entity in relation to an external Territory

                   The Minister may approve a person to operate as a non self-accrediting entity in relation to an external Territory if:

                     (a)  the person applies under section 225-1 for:

                              (i)  approval to operate as a non self-accrediting entity in relation to that Territory; or

                             (ii)  approval to operate as a self-accrediting entity in relation to that Territory; and

                     (b)  the Minister is satisfied, following an assessment made having regard to the * National Protocols and the Higher Education in External Territories Guidelines, that:

                              (i)  if subparagraph (a)(ii) applies—it would not be appropriate to authorise the person to accredit any * courses of study leading to * higher education awards in relation to that Territory; and

                             (ii)  in any case—it is appropriate that the person be authorised to offer courses of study leading to higher education awards in relation to that Territory; and

                     (c)  the person’s principal purpose is either or both of the following:

                              (i)  to provide education;

                             (ii)  to conduct research.

Note:          Refusal to approve a person to operate as a non self-accrediting entity, or a decision to approve a person to operate as a non self-accrediting entity on application for approval to operate as a self-accrediting entity, is reviewable under Part 5-7.

32  Paragraph 225-10(b)

Omit “award; and”, substitute “award.”.

33  Paragraph 225-10(c)

Repeal the paragraph.

34  Section 225-15

Repeal the section, substitute:

225-15   Duration of approval and accreditation

                   An approval or accreditation under this Part:

                     (a)  remains in force for the period that the Minister determines; and

                     (b)  is subject to any conditions that the Minister imposes.

Note:          A decision determining a period during which an approval or accreditation remains in force, or imposing conditions on an approval or accreditation, is reviewable under Part 5-7.

35  Section 225-20

Repeal the section, substitute:

225-20   Amending or revoking an approval, authorisation or accreditation in relation to an external Territory

Amending or revoking an approval to operate as a university

             (1)  The Minister may amend or revoke an approval of a person under section 225-3 to operate as a university in relation to an external Territory at any time if the Minister is satisfied that:

                     (a)  the person has breached a condition to which the person’s approval is subject; or

                     (b)  following a reassessment of the person’s approval made having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, the person’s circumstances have so changed that it is no longer appropriate that the person be approved to operate as a university in relation to that Territory; or

                     (c)  the person’s circumstances have changed so that it no longer satisfies paragraph 225-3(1)(c).

Note:          Amendment or revocation of an approval is reviewable under Part 5-7.

Amending or revoking an approval to use a word or words

             (2)  The Minister may amend or revoke an approval for a person under section 225-3 to use a word or words in relation to an external Territory at any time if the Minister is satisfied that:

                     (a)  the person has breached a condition to which the person’s approval was subject; or

                     (b)  following a reassessment of the person’s approval made having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, it is not appropriate for the person to use the word or words in relation to that Territory; or

                     (c)  the person’s approval under section 225-3 to operate as a university in relation to that Territory has been amended or revoked.

Note:          Amendment or revocation of an approval is reviewable under Part 5-7.

Amending or revoking an approval to operate as a self-accrediting entity

             (3)  The Minister may amend or revoke an approval of a person under section 225-5 to operate as a self-accrediting entity in relation to an external Territory at any time if the Minister is satisfied that:

                     (a)  the person has breached a condition to which the person’s approval is subject; or

                     (b)  following a reassessment of the person’s approval made having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, the person’s circumstances have so changed that:

                              (i)  it is no longer appropriate that the person be authorised to accredit any courses of study in relation to that Territory; or

                             (ii)  it is no longer appropriate that the person be authorised to accredit one or more of the courses that it is currently authorised to accredit in relation to that Territory; or

                     (c)  the person’s circumstances have changed so that it no longer satisfies paragraph 225-5(1)(c).

Note:          Amendment or revocation of an approval is reviewable under Part 5-7.

Amending or revoking an approval to operate as a non self-accrediting entity

             (4)  The Minister may amend or revoke an approval of a person under section 225-7 to operate as a non self-accrediting entity in relation to an external Territory at any time if the Minister is satisfied that:

                     (a)  the person has breached a condition to which the person’s approval is subject; or

                     (b)  following a reassessment of the person’s approval made having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, the person’s circumstances have so changed that it is no longer appropriate that the person be approved to operate as a non self-accrediting entity in relation to that Territory; or

                     (c)  the person’s circumstances have changed so that it no longer satisfies paragraph 225-7(c).

Note:          Amendment or revocation of an approval is reviewable under Part 5-7.

Amending or revoking an accreditation of a course of study

             (5)  The Minister may amend or revoke an accreditation of a * course of study under section 225-5 or 225-10 in relation to an external Territory at any time if the Minister is satisfied that:

                     (a)  the person * offering the course has breached a condition to which the accreditation is subject; or

                     (b)  following a reassessment of the accreditation made having regard to the * National Protocols and any matters set out in the Higher Education in External Territories Guidelines, the content of, or manner of providing, the course has so changed that it is no longer appropriate to the award; or

                     (c)  the person’s approval under section 225-5 or 225-7 has been amended or revoked.

Note:          Amendment or revocation of an accreditation is reviewable under Part 5-7.

Amending or revoking an approval or accreditation because false or misleading information provided in application

             (6)  The Minister may amend or revoke an approval or accreditation under this Part at any time if the Minister is satisfied that information given by a person in relation to an application under section 225-1 for that approval or accreditation was false or misleading.

Note:          Amendment or revocation of an accreditation is reviewable under Part 5-7.

36  Subparagraph 228-1(1)(a)(i)

Omit “ * university”, substitute “university”.

37  Paragraphs 228-1(1)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  the person is not:

                              (i)  an * Australian university; or

                             (ii)  a * self-accrediting entity; or

                            (iii)  approved to operate in that Territory by the Minister under section 225-3 or 225-7.

Note:       The heading to section 228-1 is altered by omitting “ accreditation ” and substituting “ approval ”.

38  Subsection 228-1(2)

Repeal the subsection, substitute:

             (2)  A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

39  Paragraph 228-5(1)(a)

After “offer,”, insert “the whole or a part of”.

40  Paragraphs 228-5(1)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  the person is not an * Australian university or approved under section 225-3 to operate in relation to that Territory as a university; and

                     (d)  if the person is a * self-accrediting entity—the person is not authorised by a * government accreditation authority to accredit the course; and

                     (e)  the course is not accredited by the Minister under section 225-5 or 225-10 in relation to that Territory.

41  Paragraphs 228-5(2)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  the person is not an * Australian university; and

                     (d)  the offer, or purported offer, of the award is not dependent on the successful completion of a * course of study leading to a higher education award.

42  Subsection 228-5(3)

Repeal the subsection, substitute:

             (3)  A person who contravenes subsection (1) or (2) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

43  Paragraphs 228-10(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  the person, or the person’s operation or purported operation, as so identified, is not an * Australian university; and

                     (c)  the Minister has not approved the use of that word or those words under subsection 225-3(2) or section 233-1 in relation to that Territory.

44  Subsection 228-10(2)

Repeal the subsection, substitute:

             (2)  A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

45  Paragraph 228-15(1)(a)

Omit “ * university”, substitute “university”.

46  Before subsection 228-15(1)

Insert:

          (1A)  A reference to a person operating , or purporting to operate, in an external Territory:

                     (a)  as a university, or part of a university, providing * courses of study leading to * higher education awards; or

                     (b)  as another provider of courses of study leading to higher education awards;

includes a reference to a person:

                     (c)  offering, providing, or conducting a business of offering or providing:

                              (i)  the whole or a part of such courses of study in relation to that Territory; or

                             (ii)  such awards in relation to that Territory; or

                     (d)  using premises for the purposes of operating as such a provider in relation to that Territory.

47  Subsection 228-15(1)

Omit “by means of any of the following telecommunication devices”, substitute “by any of the following means”.

48  Before paragraph 228-15(1)(c)

Insert:

                    (ca)  a postal or other like service;

49  Subsection 228-15(2)

Omit “by means of any of the telecommunication devices”, substitute “by any of the means”.

50  Clause 1 of Schedule 1 (paragraph (b) of the definition of accredited course )

Repeal the paragraph, substitute:

                     (b)  is accredited by a * government accreditation authority.

51  Clause 1 of Schedule 1

Insert:

Australian university means a body corporate:

                     (a)  that meets the requirements set out in the * National Protocols for entities referred to in the National Protocols as Australian universities; and

                     (b)  whose name is included, or who owns or controls a business name that is included, in the * Australian Qualifications Framework Register as an Australian university.

52  Clause 1 of Schedule 1

Insert:

government accreditation authority means:

                     (a)  the Commonwealth; or

                     (b)  a State or Territory accreditation agency listed in the * Australian Qualifications Framework Register.

53  Clause 1 of Schedule 1 (definition of listed self-accrediting entity )

Repeal the definition.

54  Clause 1 of Schedule 1 (definition of National Protocol 1 )

Repeal the definition.

55  Clause 1 of Schedule 1 (definition of National Protocol 3 )

Repeal the definition.

56  Clause 1 of Schedule 1

Insert:

non self-accrediting entity means a body corporate (other than an * Australian university or a * self-accrediting entity):

                     (a)  whose name is included; or

                     (b)  who owns or controls a business name that is included;

in the * Australian Qualifications Framework Register as a body authorised to offer * courses of study leading to * higher education awards, but not to accredit any of those courses.

57  Clause 1 of Schedule 1 (definition of non self-accrediting provider )

Repeal the definition.

58  Clause 1 of Schedule 1 (definition of offering )

Repeal the definition, substitute:

offering , in relation to an external Territory, has the meaning given by subsection 228-15(2).

59  Clause 1 of Schedule 1 (definition of operating )

Repeal the definition, substitute:

operating , in relation to an external Territory, has the meaning given by subsections 228-15(1A) and (1).

60  Clause 1 of Schedule 1

Insert:

self-accrediting entity means a body corporate (other than an * Australian university):

                     (a)  whose name is included; or

                     (b)  who owns or controls a business name that is included;

in the * Australian Qualifications Framework Register as a body authorised to accredit * courses of study leading to * higher education awards.

61  Clause 1 of Schedule 1 (definition of self-accrediting provider )

Repeal the definition.

62  Clause 1 of Schedule 1 (definition of university )

Repeal the definition.