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Higher Education in External Territories Guidelines 2008

Authoritative Version
  • - F2008L02047
  • In force - Latest Version
Guides & Guidelines as made
These Guidelines provide approval of existing higher education institutions or proposed institutions to be approved as various kinds of higher education entities and the accreditation of higher education courses of study, in each case in relation to an Australian external territory.
Administered by: Education and Training
Made 16 May 2008
Registered 18 Jun 2008
Tabled HR 19 Jun 2008
Tabled Senate 19 Jun 2008
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
18-Sep-2008
Expiry Date:
26-Nov-2008
House:
Senate
Details:
Full
Resolution:
Withdrawn
Resolution Date:
25-Sep-2008
Resolution Time:
Provisions:

 

                                   

 

Commonwealth of Australia



 

Higher Education Support Act 2003

 

 

 

 

HIGHER EDUCATION IN EXTERNAL TERRITORIES GUIDELINES 2008



 

 

 

I, Julia Gillard, Minister for Education, pursuant to section 238‑10 of the Higher Education Support Act 2003 (‘the Act’), make these Higher Education in External Territories Guidelines 2008, which provide for matters under Chapter 6 of the Act.

 

 

 

 

 

 

Dated this 16th day of May 2008.

 

 

 

 

 

 

                                                                 

JULIA GILLARD

Minister for Education


 

1.         Citation

 

These Guidelines may be cited as the Higher Education in External Territories Guidelines 2008.

 

2.         Authority

 

These Guidelines are made under section 238-10 of the Act for the purposes of Part 6-1 of the Act.

 

3.         Date of Effect

 

These Guidelines commence the day after the day they are registered on the Federal Register of Legislative Instruments.

 

4.         Revocation

 

The Higher Education in External Territories Guidelines dated 21 March 2007 (Legislative Instrument F2007L00834) are hereby revoked.

 

5.         Transitional Arrangements 

 

(1)     The revocation of the Higher Education in External Territories Guidelines dated 21 March 2007 (Legislative Instrument F2007L00834) does not affect the validity of a decision made under those guidelines.

 

(2)     A decision made under those guidelines is taken to continue to have effect as if it were made under these Guidelines.

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Higher Education

 

in the

 

External Territories

 

Guidelines 2008

 

 

 

 

 

 

 

 

 


 

Contents

 

Chapter 1:      Introduction. 1

1.1       Interpretation. 1

1.5       Background and Context 1

1.10     Overview.. 2

Chapter 2:      Common requirements for all applicants. 3

2.1       Purpose. 3

2.5       How to obtain an application form.. 3

2.10     Relation to CRICOS approval 3

2.15     Application fees. 3

2.20     Marketing and public statements during the approval process. 4

2.25     Fit and Proper Person Guideline. 4

2.30     Review of Decisions. 5

Chapter 3:      Applications for approval as a non self-accrediting Higher education entity. ...............................................................................................................................6

3.1       Purpose. 6

3.5       Submitting an application. 6

3.10     Assessment process. 6

3.15     Refusal of application without establishment of an assessment committee. 6

3.20     Assessment Committee. 6

3.25     Minister may approve an Applicant 7

3.30     Period of and conditions on approval of an Applicant 7

3.35     Approval to continue to operate as a non self-accrediting Higher education entity. 8

3.40     Refusal of application. 8

3.45     Mutual Recognition. 8

Chapter 4:      Applications for the accreditation of higher education course/s. 9

4.1       Purpose. 9

4.5       Submitting an application. 9

4.10     Assessment process. 9

4.15     Refusal of application without establishment of an assessment committee. 10

4.20     Assessment Committee. 10

4.25     Minister may accredit a course of study. 10

4.30     Period of and conditions on accreditation of a course of study. 11

4.35     Approval to continue to offer a course of study in an Australian external Territory. 11

4.40     Refusal of application. 11

4.45     Mutual Recognition. 11

Chapter 5:      Applications for approval as a self-accrediting Higher education entity other than a university  12

5.1       Purpose. 12

5.5       Submitting an application. 12

5.10     Assessment process. 12

5.15     Refusal of application without establishment of an assessment committee. 12

5.20     Assessment Committee. 13

5.25     Minister may approve an Applicant 13

5.30     Period of, limitations on and conditions on approval of an Applicant 13

5.35     Extending self-accrediting authority. 14

5.40     Approval to continue to operate as a self-accrediting Higher education entity. 14

5.45     Refusal of application. 15

5.50     Mutual Recognition. 15

Chapter 6:      Applications for approval as a university. 16

6.1       Purpose. 16

6.5       Submitting an application. 16

6.10     Assessment process. 16

6.15     Refusal of application without establishment of an assessment committee. 16

6.20     Assessment Committee. 16

6.25     Minister may approve an Applicant 17

6.30     Period of and conditions on approval of an Applicant 18

6.35     Post-approval processes. 18

6.40     Approval to continue to operate as a university. 18

6.45     Refusal of application. 19

Chapter 7:      Applications for approval to operate as an overseas Higher education entity in relation to an external Territory. 20

7.1       Purpose. 20

7.5       Submitting an application. 20

7.10     Assessment process. 20

7.15     Refusal of application without establishment of an assessment committee. 20

7.20     Assessment Committee. 21

7.25     Minister may approve an Applicant 21

7.30     Period of and conditions on approval of an Applicant 21

7.35     Approval to continue to operate as an overseas Higher education entity. 22

7.40     Refusal of application. 22

7.45     Mutual Recognition. 22

Chapter 8:      Requests for further information and deadlines for its submission. 23

8.1       Purpose. 23

8.5       Provision of further information. 23

8.10     Date specified for provision of further information. 23

8.15     Application for further time. 23

Chapter 9:      Offences under Division 228 of the Act and application of the Criminal Code (Cwth) 24

9.1       Purpose. 24

9.5       Offences under the Act 24

9.10     Offences under the Criminal Code (Cwth) 24

Appendix 1: Definitions, Glossary and Acronyms. 25

 

 

 


Chapter 1: Introduction

1.1       Interpretation

1.1.1       Unless the contrary intention appears, the terms used in these Guidelines have the same meaning as in the Act.

 

1.1.5       Terms in these Guidelines that are in italics have the meanings given in Appendix 1 of these Guidelines.

 

1.1.10     Except for the above, the terms used in these Guidelines have the meanings given in the National Guidelines.

1.5       Background and Context

1.5.1       In October 2007, the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA) agreed to revised National Protocols for Higher Education Approval Processes (National Protocols) after extensive consultation with stakeholders. 

 

1.5.5       There are five national protocols for higher education approval processes:

Protocol A        identifies nationally agreed criteria and approval processes for all higher education institutions;

Protocol B        identifies specific criteria and processes applying to the registration of non self-accrediting higher education entities and the accreditation of their course/s;

Protocol C        identifies specific criteria and processes applying to the awarding of self-accrediting authority to higher education entities other than universities;

Protocol D        identifies specific criteria and processes applying to establishing Australian universities; and

Protocol E        identifies specific criteria and processes applying to overseas higher education institutions seeking to operate in Australia.

 

1.5.10     The National Protocols are available at: http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html .

 

1.5.15     At the same time MCEETYA approved four sets of National Guidelines covering each of the specific types of approval envisaged in the revised National Protocols to set out necessary matters of detail for implementation and to increase the consistency of approval processes for higher education institutions and courses across jurisdictions.  The National Guidelines are available at: http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html.

 

1.5.25     The four sets of National Guidelines cover:

1.     non self-accrediting higher education entities and the accreditation of their course/s (Protocols A and B), available at http://www.mceetya.edu.au/verve/_resources/NationalProtocolsOct2007_AandB.pdf;

2.     awarding self-accrediting authority to higher education entities other than universities (Protocols A and C), available at http://www.mceetya.edu.au/verve/_resources/NationalProtocolsOct2007_AandC.pdf;

3.     establishing Australian universities (Protocols A and D), available at http://www.mceetya.edu.au/verve/_resources/NationalProtocolsOct2007_AandD.pdf; and

4.     overseas higher education institutions seeking to operate in Australia (Protocols A and E), available at http://www.mceetya.edu.au/verve/_resources/NationalProtocolsOct2007_AandE.pdf.

 

1.5.30     The relevant legislation for higher education approval processes is the Act.  In particular, Part 6, Divisions 225 and 228, and section 238-10 of the Act provide the authority for these Guidelines.

 

1.5.35     These HEET Guidelines incorporate the National Protocols and the National Guidelines by reference and must be read in conjunction with those documents, as they are in force at the time the HEET Guidelines are made by the Minister, and the Act.

1.10      Overview

1.10.1     Chapter 2 provides potential Applicants with information about obtaining an application form, CRICOS approval, fees and charges, appeals, and limitations on marketing, advertising and public statements during the approval process.

 

1.10.5     Chapter 3 sets out information about applications for approval as a non self-accrediting Higher education entity in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.

 

1.10.10   Chapter 4 sets out information about applications for the accreditation of a course of study leading to a higher education award in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.

 

1.10.15   Chapter 5 sets out information about applications for approval as a self-accrediting Higher education entity other than a university in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.

 

1.10.20   Chapter 6 sets out information about applications for approval as a university in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.

 

1.10.25   Chapter 7 sets out information about approval of an application to operate as an overseas Higher education entity in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.

 

1.10.30   Chapter 8 sets out the circumstances in which the Minister may seek further information relating to an application for approval as a Higher education entity or for accreditation of a course of study in relation to an Australian external Territory.

 

1.10.35   Chapter 9 identifies the circumstances in which a person who operates or purports to operate in an external Territory as a university or other provider of courses of study leading to higher education awards commits an offence under the Act and the Criminal Code (Cth).

 

1.10.40   Appendix 1 provides definitions and a glossary of terms for interpretation of these Guidelines.

 

 


Chapter 2: Common requirements for all applicants

2.1       Purpose

2.1.1       The purpose of this chapter is to inform potential Applicants about:

 

1.  how to obtain an application form and lodge an application;

 

2.  the relationship between these Guidelines and approval for registration on Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS);

 

3.  what fees, if any, will be charged for making an application, examination of an application, and/or for approval of an application;

 

4.  marketing and public statements during the approval process; and

 

5.  the Fit and Proper Person Guideline.

2.5       How to obtain an application form

2.5.1       An application form (which includes a Fit and Proper Person Declaration) can be obtained by writing to:

 

Private Providers Unit (Location 022)

Quality Branch,

Higher Education Group,

Department of Education, Employment and Workplace Relations,

GPO Box 9880, Canberra City, ACT 2601

 

2.5.5       An Applicant must include as part of the application a declaration signed by the Principal members of the Applicant attesting that they are Fit and Proper Persons to be entrusted with responsibility for establishing and operating a Higher education entity and/or delivering a course of study leading to a higher education award and that they are authorised to make binding decisions on behalf of the Applicant. 

 

2.5.10     Completed applications are to be returned to the address stated in paragraph 2.5.1 above. 

2.10      Relation to CRICOS approval

2.10.1     Higher education entities seeking to offer courses for overseas students in Australian external Territories must also become registered on CRICOS through a separate application process.  A Higher education entity or course cannot be registered on CRICOS unless it is first approved through the processes described in these GuidelinesApplicants intending to deliver courses to international students should allow time for CRICOS approval and registration.

 

2.15      Application fees

2.15.1     This part of the Guidelines sets out fees to be paid in respect of applications under section 225-1 of the Act for approval as a self-accrediting entity, or for the accreditation of a course of study, in relation to an Australian external Territory, for the purposes of section 225-5 of the Act.

 

2.15.5     The application fees are as follows.

 

Item

Fee

1.  Approval as a self-accrediting Higher education entity, or a university

Application fee for each approval by the Minister

 

 

 

$ 43,000.00

2.  Approval as a non self-accrediting Higher education entity

Application fee for each approval by the Minister

 

 

 

$ 10,000.00

3.  Accreditation of a higher education course of study to be offered by a non self-accrediting entity

Application fee for each course of study to be accredited:

Diploma .........................................................

Advanced Diploma ........................................

Associate Degree ..........................................

Bachelor Degree ...........................................

Bachelor (Honours) Degree ..........................

Graduate Certificate ......................................

Graduate Diploma .........................................

Masters degree (research or course work) .......

Doctorate (Professional Doctorate or by research)

 

 

 

 

 

$ 5,000.00

$ 6,500.00

$ 6,500.00

$ 7,500.00

$ 7,500.00

$ 5,000.00

$ 7,000.00

$ 8,000.00

$ 8,500.00

 

4.  Accreditation of a higher education course of study (mutual recognition process)

Application fee (payable for each course)

 

 

 

$ 2,700.00

 

2.20      Marketing and public statements during the approval process

2.20.1     An Applicant in the process of initial approval must refrain from making any public statement or advertisement which falsely implies that a course is accredited or that the Applicant is registered to confer an award before approval is formally granted by the Minister.

 

2.25      Fit and Proper Person Guideline

2.25.1     An Applicant must comply with the Fit and Proper Person Guideline which is at Appendix 3 of each of the four National Guidelines referred to in paragraph 1.5.25 above.

 

2.30      Review of Decisions

2.30.1     Where an Applicant is not satisfied with the Minister’s decision in respect of an application made under these Guidelines the Applicant may seek review of the decision.  The person’s request must be made in writing and given to the decision maker within 28 days after the day on which the Applicant first received notice of the decision.

 

2.30.2          The Reviewer of the decision will reconsider the Minister’s decision and:

·         Confirm the decision; or

·         Vary the decision; or

·         Set the decision aside and substitute a new decision.

The Reviewer will provide reasons for the decision.

 

2.30.3          If an Applicant is not satisfied with the Reviewer’s reconsideration of the decision, an application may be made to the Administrative Appeals Tribunal for review of the decision.  Details of the AAT review processes can be found at http://www.aat.gov.au/ApplyingToTheAAT/ApplicationProcess.htm.

 


Chapter 3: Applications for approval as a non self-accrediting Higher education entity

3.1       Purpose

3.1.1       The purposes of this chapter are to:

 

1.  Set out the information which must accompany an application to the Minister by a person, other than a natural person, for approval as a non self-accrediting Higher education entity in relation to an Australian external Territory, for the purposes of section 225-1(1)(a)(iii) of the Act; and  

 

2.  Specify matters to which the Minister will have regard in deciding whether or not to approve a person as a non self-accrediting Higher education entity under section 225-7 of the Act and in relation to amending or revoking a person’s approval as a non self-accrediting Higher education entity under subsection 225-20(4) of the Act

 

3.5       Submitting an application

3.5.1       In order to make an application to the Minister for approval as a non self-accrediting Higher education entity in relation to an Australian external Territory, an Applicant must make an application through the Department as per paragraphs 2.5.1 to 2.5.10 above (see section 225-1 of the Act).

 

3.5.5       The application must be complete and in the form approved by the Minister and address the “evidence to be provided by initial Applicants” as set out in section 17 of the “Guidelines for the Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s” under the National Guidelines (in this chapter 3 of these Guidelines, the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s).  

3.10      Assessment process

3.10.1     As part of the assessment process, the Minister will consider whether the Applicant has demonstrated that it will comply with the requirements of section 17 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s, as relevant and appropriate to the Applicant

 

3.10.5     If an application is found to be incomplete following a preliminary assessment, the Minister may request the information required from the Applicant under the provisions of Chapter 8 of these Guidelines.

3.15      Refusal of application without establishment of an assessment committee

3.15.1     The Minister may decide that an application that is incomplete does not have sufficient merit to warrant a request to the Applicant for further information or that an application that is complete does not have sufficient merit to warrant the establishment of an assessment committee, and may refuse the application for this reason. In either case, the Minister will, as soon as possible after the Minister has made a decision, write to the Applicant to provide reasons for the decision.

3.20      Assessment Committee

3.20.1     Where the Minister considers that an application is complete and has sufficient merit to warrant the establishment of an assessment committee, the Minister will establish an assessment committee in accordance with sections 11.4-11.10 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s to consider the application and make recommendations to the Minister as to whether or not the Minister should approve the application.

 

3.20.5     An assessment committee will consist of a minimum of three members.  The assessment committee members will be required to respect the confidentiality of the Applicant’s application and will sign a declaration to maintain confidentiality, to protect ownership of intellectual property and to declare any conflicts of interest as per section 11.5 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s.

 

3.20.10   Where an assessment committee is to be established, the Applicant will be formally consulted by the Department on the proposed membership of the assessment committee. The Minister will ultimately determine the membership of the assessment committee.

 

3.20.15   The assessment committee may need more information in order for it to make recommendations to the Minister as to whether or not the application should be approved.  In that case, the Minister will request the information concerned under the provisions of Chapter 8 of these Guidelines.

3.25      Minister may approve an Applicant

3.25.1     The Minister may approve an Applicant as a non self-accrediting Higher education entity in relation to an Australian external Territory if:

 

1.        the Minister is satisfied that the Applicant should be approved following an assessment against the requirements for the recognition of non self-accrediting higher education institutions set out in sections 17-19 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s;

 

2.        the Applicant has complied with the requirements set out in these Guidelines; and

 

3.        the principal purpose of the Applicant is to provide education and/or conduct research or both.

 

3.25.5     In deciding whether or not to approve the Applicant as a non self-accrediting Higher education entity, the Minister will have regard to the matters identified above, including the offshore activities of the Applicant, recommendations made by the assessment committee and recommendations made by the Department which may have been based on information not submitted by the Applicant.  The Minister is not, however, bound by any recommendation made in the assessment committee’s report.

3.30      Period of and conditions on approval of an Applicant

3.30.5     If the Minister decides to approve the Applicant as a non-self-accrediting Higher education entity, the Minister will determine the period of the approval, which may be up to five years.  Successful Applicants wishing to continue to operate in an Australian external Territory will be required to apply for approval to continue to operate as a non-self-accrediting Higher education entity in an Australian external Territory in accordance with section 3.35 below.

 

3.30.10   Consistent with paragraph 225-15(b) of the Act, the Minister may impose conditions on the approval of an Applicant as a non self-accrediting Higher education entity

3.35      Approval to continue to operate as a non self-accrediting Higher education entity

3.35.1     Consistent with paragraph 15 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s, an Applicant may apply for approval to continue to operate as a non-self-accrediting Higher education entity in an Australian external Territory. 

 

3.35.5     The process and timeline for re-registration are similar to those for registration outlined above.  Applications for re-registration must be submitted to the Minister in time for the process for renewal of approval to be completed before approval expires.  Applicants operating in more than one jurisdiction will also need to apply to the secondary jurisdiction/s for a renewal of mutual recognition against the relevant requirements in these Guidelines.

 

3.35.10   In deciding whether or not to approve an entity to continue to operate as a non-self-accrediting Higher education entity at the end of the initial period of accreditation, the Minister will take into account matters covered by paragraphs 17-19 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s, including whether any conditions which were imposed on the initial approval have been met. 

3.40      Refusal of application

3.40.1     If the Minister decides to refuse an application for approval as a non self-accrediting Higher education entity, the Minister will, as soon as possible after the decision is made, write to the Applicant to provide reasons for the decision.

3.45      Mutual Recognition

3.45.1      Mutual Recognition across jurisdictions will be in accordance with sections 12 and 19, of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s.

 


Chapter 4: Applications for the accreditation of higher education course/s

4.1       Purpose

4.1.1       The purposes of this chapter are to:

 

1.    Set out the information which must accompany an application to the Minister by a person, other than a natural person, for accreditation of a course of study leading to a higher education award in relation to an Australian external Territory, for the purposes of section 225-10 of the Act; and

 

2.    Specify matters to which the Minister will have regard in deciding whether or not to accredit a course of study in relation to an Australian external Territory, for the purposes of section 225-10 of the Act and in relation to amending or revoking an approval under section 225-20 of the Act.

 

4.1.5       This chapter requires that the Applicant for accreditation of the course of study to be delivered in an Australian external Territory is a non self-accrediting Higher education entity approved under these Guidelines, or is a non self-accrediting Higher education entity approved to operate in another Australian jurisdiction and seeking mutual recognition for a course to be delivered in an Australian external Territory, or is a person, other than a natural person, submitting the application for accreditation of the course of study in conjunction with an application under these Guidelines for approval as a non self-accrediting Higher education entity.

 

4.5       Submitting an application

4.5.1       In order to make an application to the Minister for accreditation of a course of study leading to a higher education award in relation to an Australian external Territory, an Applicant must make an application through the Department as per paragraphs 2.5.1 to 2.5.10 above (see section 225-1 of the Act). 

 

4.5.10     The application must be complete and in the form approved by the Minister and address the “evidence to be provided by initial Applicants” as set out in section 18 of the “Guidelines for the Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s” under the National Guidelines (in this chapter 4 of these Guidelines, the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s).  

4.10      Assessment process

4.10.1     As part of the assessment process, the Minister will consider whether the Applicant has demonstrated that the course of study will comply with the requirements of section 18 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s. 

 

4.10.5     If an application is found to be incomplete following a preliminary assessment, the Minister may request the information required from the Applicant under the provisions of Chapter 8 of these Guidelines.

4.15      Refusal of application without establishment of an assessment committee

4.15.1     The Minister may decide that an application that is incomplete does not have sufficient merit to warrant a request for further information or that an application that is complete does not have sufficient merit to warrant the establishment of an assessment committee, and may refuse the application for this reason. In either case, the Minister will, as soon as possible after the Minister has made a decision, write to the Applicant to provide reasons for the decision. 

4.20      Assessment Committee

4.20.1     Where the Minister considers that an application is complete and has sufficient merit to warrant the establishment of an assessment committee, the Minister will establish an assessment committee in accordance with paragraghs 11.4-11.10 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s to consider the application and make recommendations to the Minister as to whether or not the Minister should approve the application.

 

4.20.5      An assessment committee will consist of a minimum of three members.  The assessment committee members will be required to respect the confidentiality of the Applicant’s application and will sign a declaration to maintain confidentiality, to protect ownership of intellectual property and to declare any conflicts of interest as per section 11.5 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s.

 

4.20.10    Where an assessment committee is to be established, the Applicant will be formally consulted by the Department on the proposed membership of the assessment committee. The Minister will ultimately determine the membership of the assessment committee.

 

4.20.15    The assessment committee may need more information in order for it to make recommendations to the Minister as to whether or not the application should be approved.  In that case, the Minister will request the information concerned under the provisions of Chapter 8 of these Guidelines.

4.25      Minister may accredit a course of study

4.30.1     The Minister may accredit a particular course of study in relation to an Australian external Territory if:

 

1.      the Minister is satisfied that the Applicant’s course of study should be accredited following an assessment against the requirements for the accreditation of a higher education course set out in section 18 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s;

 

2.      the Applicant has complied with the requirements set out in these Guidelines;

 

3.      the principal purpose of the Applicant is to provide education and/or conduct research or both.

 

4.25.5     In deciding whether or not to accredit the Applicant’s course of study, the Minister will have regard to the matters identified above, including the offshore activities of the Applicant, recommendations made by the assessment committee and recommendations made by the Department which may have been based on information not submitted by the Applicant.  The Minister is not, however, bound by any recommendation made in the assessment committee’s report.

4.30      Period of and conditions on accreditation of a course of study

4.30.1      If the Minister decides to accredit a course of study, the Minister will determine the period of the accreditation, which may be up to five years.  Successful Applicants wishing to continue to offer an accredited course of study in an Australian external Territory will be required to apply for approval to continue to offer that course of study in an Australian external Territory in accordance with section 4.35 below.

 

4.30.5       Consistent with paragraph 225-15(b) of the Act, the Minister may impose conditions on the accreditation of the course of study. 

 

4.30.10    In addition to any conditions on accreditation applied under section 4.30.10 above, the Minister may require a successful Applicant to comply with any or all of the post-approval processes specified in the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s.

4.35      Approval to continue to offer a course of study in an Australian external Territory

4.35.1      Consistent with section 15 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s, an Applicant may apply for approval to continue to offer a course of study in an Australian external Territory.

 

4.35.5     The process and timeline for re-accreditation are similar to those for accreditation outlined above.  Applications for re-accreditation must be submitted to the Minister in time for the process for renewal of approval to be completed before approval expires.  Applicants operating in more than one jurisdiction will also need to apply to the secondary jurisdiction/s for a renewal of mutual recognition against the relevant requirements in these Guidelines.

 

4.35.10    In deciding whether or not to approve an entity to continue to offer a course of study at the end of the initial period of accreditation, the Minister will take into account matters covered by sections 17-19 of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s, including whether any conditions which were imposed on the initial approval have been met.

4.40      Refusal of application

4.40.1      If the Minister decides to refuse an application for accreditation of a course of study, the Minister will, as soon as possible after the decision is made, write to the Applicant to provide reasons for the decision.

4.45      Mutual Recognition

4.45.1      Mutual Recognition across jurisdictions will be in accordance with sections 12 and 19, of the National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions and the Accreditation of their Course/s.

 


Chapter 5: Applications for approval as a self-accrediting Higher education entity other than a university

5.1       Purpose

5.1.1       The purposes of this chapter are to:

 

1.      Set out the information which must accompany an application to the Minister by a person, other than a natural person, for approval as a self-accrediting Higher education entity in relation to an Australian external Territory, for the purposes of section 225-1(1)(a)(ii) of the Act; and

 

2.      Specify matters to which the Minister will have regard in deciding whether or not to approve a person, other than a natural person, as a self-accrediting Higher education entity for the purpose of paragraph 225-5 of the Act and in relation to amending or revoking a person’s approval as a self-accrediting Higher education entity under paragraph 225-20(3) of the Act.

5.5       Submitting an application

5.5.1         In order to make an application to the Minister for approval as a self-accrediting entity in relation to an Australian external Territory, an Applicant must make an application through the Department as per paragraphs 2.5.1 to 2.5.10 above (see section 225-1 of the Act)

 

5.5.10       The application must be complete and in the form approved by the Minister and address the “evidence to be provided by initial Applicants” as set out in section 20 of the “Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities” under the National Guidelines (in this chapter 5 of these Guidelines, the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities).

5.10      Assessment process

5.10.1     As part of the assessment process, the Minister will consider whether the Applicant has demonstrated that it will comply with the requirements of section 20 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities, as relevant and appropriate to the Applicant

 

5.10.5     If an application is found to be incomplete following a preliminary assessment, the Minister may request the information required from the Applicant under the provisions of Chapter 8 of these Guidelines.

5.15      Refusal of application without establishment of an assessment committee

5.15.1     The Minister may decide that an application that is incomplete does not have sufficient merit to warrant a request to the Applicant for further information or that an application that is complete does not have sufficient merit to warrant the establishment of an assessment committee, and may refuse the application for this reason. In either case, the Minister will, as soon as possible after the Minister has made a decision, write to the Applicant to provide reasons for the decision.

5.20      Assessment Committee

5.20.1     Where the Minister considers that an application is complete and has sufficient merit to warrant the establishment of an assessment committee, the Minister will establish an assessment committee in accordance with sections 11.4-11.10 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities to consider the application and make recommendations to the Minister as to whether or not the Minister should approve the application.

 

5.20.5      An assessment committee will consist of a minimum of three members.  Members of the assessment committee will be required to keep the information provided by an Applicant in respect of the Applicant’s application confidential and will sign a declaration to maintain confidentiality, to protect ownership of intellectual property and to declare any conflicts of interest as per section 11.5 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities.

 

5.20.10    Where an assessment committee is to be established, the Applicant will be formally consulted by the Department on the proposed membership of the assessment committee. The Minister will ultimately determine the membership of the assessment committee.

 

5.20.15    The assessment committee may need more information in order for it to make recommendations to the Minister as to whether or not the application should be approved.  In that case, the Minister will request the information concerned under the provisions of Chapter 8 of these Guidelines.

5.25      Minister may approve an Applicant

5.25.1     The Minister may approve an Applicant as a self-accrediting Higher education entity in relation to an Australian external Territory if:

 

1.      the Minister is satisfied that the Applicant should be approved following an assessment against the requirements set out in section 20 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities;

 

2.      the Applicant has complied with the requirements set out in these Guidelines;

 

3.      the principal purpose of the Applicant is to provide education and/or conduct research or both.

 

5.25.5     In deciding whether or not to approve the Applicant as a self-accrediting Higher education entity, the Minister will have regard to the matters identified above, including the offshore activities of the Applicant, recommendations made by the assessment committee and recommendations made by the Department which may have been based on information not submitted by the Applicant.  The Minister is not, however, bound by any recommendation made in the assessment committee’s report.

5.30      Period of, limitations on and conditions on approval of an Applicant

5.30.1     If the Minister decides to approve the Applicant as a self-accrediting Higher education entity, the Minister will determine the period of the approval, which may be up to five years.  Successful Applicants wishing to continue to operate in an Australian external Territory will be required to apply for approval to continue to operate as a self-accrediting Higher education entity in an Australian external Territory in accordance with section 5.40 below.

 

5.30.5       Consistent with subsection 225-5(2) of the Act and section 11.10 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities, the Minister may impose limitations on the authority of an Applicant to accredit its courses of study in relation to an external Territory. 

 

5.30.10    Consistent with paragraph 225-15(b) of the Act, the Minister may impose conditions on the approval of a self-accrediting entity.  The Minister may require a successful Applicant to comply with any or all of the post-approval processes specified in sections 13-19 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities, including:

1.      annual reporting;

2.      external quality audit;

3.      notification of changes to the organisation of or courses offered by the Applicant during the approval period;

4.      renewing or extending approval or self-accrediting authority.

5.35      Extending self-accrediting authority

5.35.1       Consistent with section 16 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities, a Higher education entity that is a self-accrediting entity may apply for an extension of its self-accrediting scope.

 

5.35.5       The Minister will, on receiving an application for extension of an institution’s self-accrediting scope, follow a process that is similar to that for the approval of a person as a self-accrediting entity described above. The Minister will, in such a case, consider and either approve, approve subject to limitations and/or conditions, or reject the application. The Minister will, as soon as possible after he or she has made a decision, write to the Applicant to provide reasons for the decision.

5.40      Approval to continue to operate as a self-accrediting Higher education entity

5.40.1      Consistent with section 18 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities, an Applicant may apply for approval to continue to operate as a self-accrediting Higher education entity in an Australian external Territory.

 

5.40.5     The process and timeline for approval to continue to operate as a self-accrediting Higher education entity in an Australian external Territory are similar to those for approval outlined above.  Applications for renewal of approval must be submitted to the Minister in time for the process for renewal of approval to be completed before approval expires.  Applicants operating in more than one jurisdiction will also need to apply to the secondary jurisdiction/s for a renewal of mutual recognition against the relevant requirements in these Guidelines.

 

5.40.10    In deciding whether or not to approve an entity to continue to operate as a self-accrediting Higher education entity at the end of the initial period of approval, the Minister will take into account matters specified in section 20 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities, including whether any conditions which were imposed on the initial approval have been met.

5.45      Refusal of application

5.45.1      If the Minister decides to refuse an application for approval as a self-accrediting Higher education entity, the Minister will, as soon as possible after the decision is made, write to the Applicant to provide reasons for the decision.

5.50      Mutual Recognition

5.50.1       Mutual Recognition across jurisdictions will be in accordance with section 12 of the National Guidelines for Awarding Self-Accrediting Authority to Higher Education Institutions other than Universities.

 


Chapter 6: Applications for approval as a university

6.1       Purpose

6.1.1       The purposes of this chapter are to:

 

1.     Set out the information which must accompany an application to the Minister by a person, other than a natural person, for approval as a university in relation to an Australian external Territory, for the purposes of paragraph 225-1(1)(a)(i) of the Act; and

 

2.     Specify matters to which the Minister will have regard in deciding whether or not to approve a person, other than a natural person, as a university under section 225-3 of the Act and in relation to amending or revoking a person’s approval as a university in relation to an Australian external Territory or their approval to use a word or words, for the purposes of sections 225-20(1) and (2) of the Act.

6.5       Submitting an application

6.5.1       In order to make an application to the Minister for approval as a university in relation to an Australian external Territory, an Applicant must make an application through the Department as per paragraphs 2.5.1 to 2.5.10 of Chapter 2 above (see section 225-1 of the Act). 

 

6.5.5     The application must be complete and in the form approved by the Minister and address the “evidence to be provided by initial Applicants” as set out in sections 16-19 of the “Guidelines for Establishing Australian Universities” under the National Guidelines (in this chapter 6 of these Guidelines, the National Guidelines for Establishing Australian Universities).

6.10      Assessment process

6.10.1     As part of the assessment process, the Minister will consider whether the Applicant has demonstrated that it will comply with the requirements of sections 16-19 of the National Guidelines for Establishing Australian Universities, as relevant and appropriate to the Applicant.

 

6.10.5     If an application is found to be incomplete following a preliminary assessment, the Minister may, pursuant to Chapter 8 of these Guidelines, request the Applicant to provide further information.

6.15      Refusal of application without establishment of an assessment committee

6.15.1     The Minister may decide that an application that is incomplete does not have sufficient merit to warrant a request to the Applicant for further information or that an application that is complete does not have sufficient merit to warrant the establishment of an assessment committee, and may refuse the application for this reason. In either case, the Minister will, as soon as possible after the Minister has made a decision, write to the Applicant to provide reasons for the decision.

6.20      Assessment Committee

6.20.1     Where the Minister considers that an application is complete and has sufficient merit to warrant the establishment of an assessment committee, the Minister will establish an assessment committee in accordance with sections 10.5-10.10 of the National Guidelines for Establishing Australian Universities to consider the application and make recommendations to the Minister as to whether or not the Minister should approve the application. 

 

6.20.5      An assessment committee will consist of a minimum of three members.  In accordance with section 10.6 of the National Guidelines for Establishing Australian Universities, the committee members will be required to keep the information provided by an Applicant in respect of the Applicant’s application confidential and will sign a declaration to maintain confidentiality, to protect ownership of intellectual property and to declare any conflicts of interest.

 

6.20.10    Where an assessment committee is to be established, the Applicant will be formally consulted by the Department on the proposed membership of the assessment committee. The Minister will ultimately determine the membership of the assessment committee.

 

6.20.15    The duties of the assessment committee, including notifying the public about the proposed university and undertaking consultation with interested persons in accordance with section 10.4 of the National Guidelines for Establishing Australian Universities, are as follows;

a.      preparation of a description statement which briefly describes the proposed university.  This description statement must be published by the Department via the Department’s website;

b.      ensuring that a consultation version of the Applicant’s submission is prepared and made available to interested persons via the Department’s website;

 

6.20.20     The assessment committee may need more information in order for it to make recommendations to the Minister as to whether or not the application should be approved.  In that case the Minister will request the information concerned under the provisions of Chapter 8 of these Guidelines.

6.25      Minister may approve an Applicant

6.25.1     The Minister may approve an Applicant as a university in relation to an Australian external Territory if:

 

1.      the Minister is satisfied that the Applicant should be approved following an assessment against the requirements for the recognition of universities set out in sections 17-19 of the National Guidelines for Establishing Australian Universities;

 

2.      the Applicant has complied with the requirements set out in these Guidelines;

 

3.      the principal purpose of the Applicant is to provide education and/or to conduct research or both.

 

6.25.5     The Minister may approve an Applicant as a university in relation to an Australian external Territory with one of the following kinds of titles in accordance with section 10.11 of the National Guidelines for Establishing Australian Universities:

 

1.      An unmodified university title where the Applicant meets all requirements of sections 16 and 17 of the National Guidelines for Establishing Australian Universities;

 

2.      A modified university title for a specialised university that meets all requirements of sections 16 and 18 of the National Guidelines for Establishing Australian Universities;

 

3.      A university college title where the Applicant meets all requirements of sections 16 and 19 of the National Guidelines for Establishing Australian Universities.

 

6.25.10     In deciding whether or not to approve the Applicant as a university, the Minister will have regard to the matters identified above, including the offshore activities of the Applicants, recommendations made by the assessment committee and recommendations made by the Department which may have been based on information not submitted by the Applicant.  The Minister is not, however, bound by any recommendation made in the assessment committee’s report.

6.30      Period of and conditions on approval of an Applicant

6.30.1       If the Minister decides to approve the Applicant as a university, the Minister will determine the period of the approval, which is generally anticipated to be five years in the first instance.  Successful Applicants wishing to continue to operate in an Australian external Territory will be required to apply for approval to continue to operate as a university with a specified kind of university title in an Australian external Territory in accordance with section 6.40 below.

 

6.30.5      Consistent with paragraph 225-15(b) of the Act, the Minister may impose conditions on the approval of an Applicant as a university. The conditions that may be imposed include:

1.     a modified university title in accordance with paragraph 6.25.5 above and section 10.11 of the National Guidelines for Establishing Australian Universities;

2.     a period of sponsorship or mentoring by an established Australian university;

3.     oversight by a high level committee;

4.     a limitation on establishing additional campuses for a specified period.

6.35      Post-approval processes

6.35.1      In addition to any conditions on approval applied under paragraph 6.30.10 above, the Minister may require the Applicant to comply with any or all of the post-approval processes specified in sections 11-14 of the National Guidelines for Establishing Australian Universities, including:

1.      annual reporting;

2.      external quality audit;

3.      notification of changes to the organisation of or courses offered by the Applicant during approval period;

4.      renewing approval or moving from a university college to a university.

6.40      Approval to continue to operate as a university

6.40.1      Consistent with section 14 of the National Guidelines for Establishing Australian Universities, an Applicant may apply for approval to continue to operate as a university with the specified kind of university title in an Australian external Territory.

 

6.40.5     The process and timeline for approval to continue to operate as a university with the specified kind of university title in an Australian external Territory are similar to those for approval outlined above.  Applications for renewal of approval must be submitted to the Minister in time for the process for renewal of approval to be completed before approval expires. 

 

6.40.10    In deciding whether or not to approve an entity to continue to operate as a university with the specified kind of university title at the end of the initial period of accreditation, the Minister will take into account matters identified in sections 16-19 of the National Guidelines for Establishing Australian Universities, including whether any conditions which were imposed on the initial approval have been met.

 

6.40.15    Consistent with section 14 of the National Guidelines for Establishing Australian Universities, an Applicant may apply for approval to move from operating as a university college to operating as a university in an Australian external Territory.

 

6.40.20   The process and timeline for approval to move from operating as a university college to operating as a university in an Australian external Territory are similar to those for approval outlined above.  Applications for approval to move from operating as a university college to operating as a university must be submitted to the Minister in time for the process for renewal of approval to be completed before the approval to operate as a university college expires. 

 

6.40.25    In deciding whether or not to approve an entity to move from operating as a university college to operating as a university at the end of the initial period of accreditation, the Minister will take into account matters identified in sections 16-19 of the National Guidelines for Establishing Australian Universities, including whether any conditions which were imposed on the initial approval have been met.

 

6.45      Refusal of application

6.45.1      If the Minister decides to refuse an application for approval as a university, the Minister will, as soon as possible after the decision is made, write to the Applicant to provide reasons for the decision.

 


Chapter 7: Applications for approval to operate as an overseas Higher education entity in relation to an external Territory

7.1       Purpose

7.1.1       The purposes of this chapter are to:

 

1.      Set out the information which must accompany an application to the Minister by an Overseas higher education institution for approval to operate as a Higher education entity in relation to an Australian external Territory, for the purposes of subsection 225-1(1) of the Act; and

 

2.      Specify matters to which the Minister will have regard in deciding whether or not to approve an Overseas higher education institution to operate as a Higher education entity in an Australian external Territory for the purposes of sections 225-3, 225-5 or 225-7 of the Act or to accredit a particular course of study under section 225-10 of the Act and in relation to amending or revoking an approval or accreditation under section 225-20 of the Act.

7.5       Submitting an application

7.5.1       In order to make an application to the Minister for approval as an overseas Higher education entity in relation to an Australian external Territory, an Applicant must make an application through the Department as per paragraphs 2.5.1 to 2.5.10 of Chapter 2 above. 

 

7.5.5       The application must be complete and in the form approved by the Minister and address the “evidence to be provided by initial Applicants” as set out in sections 17-19 of the “Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia” under the National Guidelines (in this chapter 7 of these Guidelines, the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia).

7.10      Assessment process

7.10.1     As part of the assessment process, the Minister will consider whether the Applicant has demonstrated that it will comply with the requirements of sections 17-19 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia, as relevant and appropriate to the Applicant.  In particular, the Minister will consider whether the Applicant has complied with sections 18.2, 18.3 and 18.4 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia regarding protection of students, contribution to higher education in Australia and quality assurance.

 

7.10.5     If an application is found to be incomplete following a preliminary assessment, the Minister may, pursuant to Chapter 8 of these Guidelines, request the applicant to provide further information.

7.15      Refusal of application without establishment of an assessment committee

7.15.1     The Minister may decide that an application that is incomplete does not have sufficient merit to warrant a request to the Applicant for further information or that an application that is complete does not have sufficient merit to warrant the establishment of an assessment committee, and may refuse the application for this reason. In either case, the Minister will, as soon as possible after the Minister has made a decision, write to the Applicant to provide reasons for the decision.

7.20      Assessment Committee

7.20.1     Where an application is found to be complete following a preliminary assessment, the Minister may establish an assessment committee in accordance with sections 10.6-10.10 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia to consider the application and make recommendations to the Minister as to whether or not it should be approved.

 

7.20.5      An assessment committee will consist of a minimum of three members.  Members of the assessment committee will be required to keep the information provided by an Applicant in respect of the Applicant’s application confidential and will sign a declaration to maintain confidentiality, to protect ownership of intellectual property and to declare any conflicts of interest as per section 10.6 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia.

 

7.20.10    Where an assessment committee is to be established, the Applicant will be formally consulted by the Department on the proposed membership of the assessment committee. The Minister will ultimately determine the membership of the assessment committee.

 

7.20.15    The assessment committee may need more information in order for it to make recommendations to the Minister as to whether or not the application should be approved.  In that case, the Minister will request the information concerned under the provisions of Chapter 8 of these Guidelines.

7.25      Minister may approve an Applicant

7.25.1     The Minister may approve an Applicant to operate as a higher education institution in relation to an Australian external Territory if:

 

1.      the Minister is satisfied that the Applicant should be approved following an assessment against the requirements set out in sections 17-19 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia;

 

2.      the Applicant has complied with the requirements set out in these Guidelines;

 

3.      the principal purpose of the Applicant is to provide education and/or to conduct research or both.

 

7.25.1       In deciding whether or not to approve the Applicant to operate as a higher education institution in an Australian external Territory, the Minister will have regard to the matters identified above, including the offshore activities of the Applicant, recommendations made by the assessment committee and recommendations made by the Department which may have been based on information not submitted by the Applicant.  The Minister is not, however, bound by any recommendation made in the assessment committee’s report.

7.30      Period of and conditions on approval of an Applicant

7.30.1       If the Minister decides to approve the Applicant to operate as a higher education institution in an Australian external Territory, the Minister will determine the period of the approval, which may be up to five years.  Successful Applicants wishing to continue to operate in an Australian external Territory will be required to apply for approval to continue to operate as an Overseas higher education institution in an Australian external Territory in accordance with paragraph 7.35 below.

 

7.30.5       Consistent with paragraph 225-15(b) of the Act and section 10.11 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia, the Minister may impose conditions on the approval of an Applicant to operate as an Overseas higher education institution in an Australian external Territory. 

 

7.30.10    In addition to any conditions on approval applied under paragraph 7.30.10 above, the Minister may require a successful Applicant to comply with any or all of the post-approval processes specified in sections 12-15 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia, including:

1.      annual reporting;

2.      amendment and/or revocation;

3.      notification of changes to the organisation of or courses offered by the Applicant during approval period;

4.      renewing or extending approval or authority.

7.35      Approval to continue to operate as an overseas Higher education entity

7.35.1      Consistent with section 15 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia, an Applicant may apply for approval to continue to operate an Overseas higher education institution in an Australian external Territory.

 

7.35.5     The process and timeline for approval to continue to operate as an Overseas higher education institution in an Australian external Territory are similar to those for approval outlined above.  Applications for renewal of approval must be submitted to the Minister in time for the process for renewal of approval to be completed before approval expires. 

 

7.35.10    In deciding whether or not to approve an Overseas higher education institution to continue to operate as an Overseas higher education institution at the end of the initial period of approval, the Minister will take into account matters identified in sections 17-19 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia including whether any conditions which were imposed on the initial approval have been met.

7.40      Refusal of application

7.40.1      If the Minister decides to refuse an application for approval to operate as an Overseas higher education institution in an Australian external Territory, the Minister will, as soon as possible after the decision is made, write to the Applicant to provide reasons for the decision.

7.45      Mutual Recognition

7.45.1      Mutual Recognition across jurisdictions will be in accordance with section 11 of the National Guidelines for Overseas Higher Education Institutions Seeking to Operate in Australia.

 

 


Chapter 8: Requests for further information and deadlines for its submission

8.1       Purpose

8.1.1        The purpose of this chapter is to set out the circumstances in which the Minister may seek further information relating to an application for approval as a Higher education entity or for accreditation of a course of study in relation to an Australian external Territory, for the purposes of paragraph 225-1(3)(a) of the Act.

8.5       Provision of further information

8.5.1        For the purpose of determining an application, the Minister may require an Applicant, by notice in writing, to provide such further information as the Minister directs. 

 

8.5.5        The Minister may require further information from an Applicant on one or more occasions.

8.10      Date specified for provision of further information

8.10.1      The Minister will issue the Applicant with a written notice which will specify the date by which the Applicant must provide the further information specified.  This will be 90 days from the date on which the request was signed by the Minister.

 

8.10.5      An Applicant must comply with the requirements for further information set out by the Minister in the written notice by the date specified in that notice, or the application will be taken to have been withdrawn. 

8.15      Application for further time

8.15.1      If the Applicant is unable to provide the information or all of the information requested by the date specified in the notice, the Applicant may apply to the Minister for a further period of time within which to comply. The Minister may grant such an application in a written notice which will specify the amended date by which the Applicant must provide the further information.  The amended date will be at the discretion of the Minister but will normally be 90 days from the date on which the extension was agreed to by the Minister.

 

 

 

 

 


Chapter 9: Offences under Division 228 of the Act and application of the Criminal Code (Cwth)

9.1       Purpose

9.1.5        The purpose of this chapter is to identify the circumstances in which a person who operates or purports to operate in an external Territory as a university or other provider of courses of study leading to higher education awards commits an offence under the Act and the Criminal Code (Cwth)

9.5       Offences under the Act

9.5.1        Division 228 of the Act creates offences and sets out penalties for those offences where:

1.       persons without accreditation operate as universities or other providers in external Territories (section 228-1);

2.       persons without accreditation offer higher education awards or courses in external Territories (section 228-5); or

3.       persons without accreditation describe themselves as universities in external Territories (section 228-10). 

9.10      Offences under the Criminal Code (Cwth)

9.10.1      In respect of information of any kind submitted to the Department or the Minister pursuant to the requirements of the Act and these Guidelines, the Criminal Code (Cwth) provides that giving false or misleading information is a serious offence.

 

 

 


Appendix 1: Definitions, Glossary and Acronyms

 

Act means the Higher Education Support Act 2003.

 

Applicant means a person, other than a natural person, who, in relation to an external Territory, applies under section 225-1 of the Act to the Minister for approval as a university, or to operate as a self-accrediting entity or as a non self-accrediting entity, or for the accreditation of courses of study leading to higher education awards.

 

Fit and Proper Person means a person who meets the requirements of the Fit and Proper Person Guideline at Appendix 3 of each of the National Guidelines.

 

Guidelines means these Higher Education in External Territories Guidelines.

 

Higher education entity means the same in these guidelines as Higher education institution means in the National Guidelines.

 

Minister means the Minister for Education, Employment and Workplace
Relations or her delegate.

 

Mutual Recognition means the approval by one jurisdiction (the ‘secondary’ jurisdiction) based on registration of an institution and accreditation of its course/s by another jurisdiction (the ‘primary’ jurisdiction).

 

National Guidelines means the National Guidelines for Higher Education Approval Processes (approved October 2007 by MCEETYA) and available at http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html.

 

National Protocols means the revised National Protocols for Higher Education Approval Processes (approved October 2007) by MCEETYA and available at http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html.

 

Overseas Higher Education Institution means a university or other recognised higher education institution whose legal origin is in a country or countries other than Australia.

 

Principal member means the owner, director, president, principal, chief executive officer, or other senior officer of the Applicant authorised to make binding decisions on its behalf.