Higher Education Amendment Regulations 2010 (WA)

2608 GOVERNMENT GAZETTE, WA 8 June 2010

ED301*

Higher Education Act 2004

Higher Education Amendment Regulations 2010

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Higher Education Amendment
Regulations 2010.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.            Regulations amended

These regulations amend the Higher Education
Regulations 2005.

4.            Regulation 2 amended

In regulation 2(1) delete the definition of higher education advisory committee and insert:

Schedule 1.

higher education advisory committee, in relation to a
request under section 7 of the Act or an application
under section 9, 13 or 17 of the Act, means the higher
education advisory committee appointed to consider
the request or application;

5.            Regulation 3 replaced

Delete regulation 3 and insert:

3. Prescribed information relating to request to
appoint a higher education advisory committee

For the purposes of section 7(2)(b) of the Act, the prescribed information is the information specified in

8 June 2010 GOVERNMENT GAZETTE, WA 2609

6.            Regulations 5A and SB inserted

After regulation 4 insert:

5A.	Prescribed information for applications for self-accrediting authorisation
For the purposes of section 1 3A(2)(b) of the Act, the prescribed information is the information specified in Schedule 1.
5B.	Costs and expenses of considering request under section 7 or application under section 9 or 13A of the Act

(1) An arrangement entered into under section 28(1) of the Act by the Minister with a person (the applicant) must provide for -

(a) the costs and expenses of the preparation of a

report by a person approved by the Minister
on -

(i)     the financial and other resources available to the applicant; and

(ii)     whether or not those resources are adequate to enable the applicant to comply with the requirements of the Act

and meet the criteria set out in any National Protocol applicable to the applicant;

and

(b) the costs and expenses relating to preparing and

executing the agreement; and

(c) in the case of an appointment of a higher

education advisory committee, the costs and

expenses incurred by the Minister in relation

to -

(i)

the remuneration, allowances and and

(ii)     selecting and appointing members of the committee; and

(iii)     providing services to the committee; and

(iv)     the preparation of interim or other reports of the committee;

and

(d) the times or stages in which, and the manner in

which, payments of costs, expenses
remuneration and allowances are to be made by
the applicant to the Minister.

2610 GOVERNMENT GAZETTE, WA 8 June 2010

(2) If there is a dispute between the applicant and the

Minister about the costs and expenses that are to be
paid by the applicant under an arrangement entered into
under section 28(1) of the Act, that dispute is to be
determined by arbitration under the Commercial
Arbitration Act 1985.

7.            Regulation 9A inserted

After regulation 8 insert:

9A.	Fee for request to review report of higher education advisory committee
For the purposes of section 21 A(3)(c) of the Act, the fee to accompany a request to undertake a review of a report of a higher education advisory committee is to be calculated by multiplying -

(a)	the rate per hour agreed to by the applicant and the Minister; and
(b)	an estimate of the number of hours that will be required to undertake the review agreed to by the applicant and the Minister.

8.            Regulation 9 amended

In regulation 9(1)(b) delete "section 9, 13 or 17 of the Act." and insert:

section 9, 13A, 13 or 17 of the Act.

Schedule I amended

9. 

(1) In Schedule 1 delete:

Schedule 1 - Information to be included in applications

for a section 10 determination or a

provider's authorisation

[r. 4, 6]

and insert:

Schedule 1 - Information prescribed under

section 7, 9, 13A or 13

[r. 3, 4, 5A, 6]

8 June 2010 GOVERNMENT GAZETTE, WA 2611

(2) In Schedule 1 after clause 22 insert:

23A. Any other information in the possession or control

of the applicant that is likely to be relevant to a
higher education advisory committee appointed to

make a report under section 7(1) of the Act.

(3)	In Schedule 1 clause 23 delete "section 10(1)" and insert:
section 10(1), 13B(1)

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.