Higher Education (General Provisions) Act 1993 (Qld)

Queensland HIGHER EDUCATION (GENERAL PROVISIONS) ACT 1993 Reprinted as in force on 4 April 1996 (Act not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 4 April 1996. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • reorder provisions consistent with current drafting practice (s 30A) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (s 40) • omit enacting words (s 42A). See endnotes for information about when provisions commenced.

Queensland HIGHER EDUCATION (GENERAL PROVISIONS) ACT 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Minister may make inquiries to form certain opinions . . . . . . . . . . . . . . . . . 5 5 Establishment of universities in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Limitation on operation in Queensland of foreign universities . . . . . . . . . . 5 7 Limitation on use of “university” etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Limitation on conferring or using certain awards . . . . . . . . . . . . . . . . . . . . . 6 9 Universities as accrediting authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Minister as accrediting authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Copies of accreditation procedures and criteria to be made available . . . . 7 12 Minister may examine non-university provider’s operations . . . . . . . . . . . . 7 13 Applications under s10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Decision on applications to be advised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Amendment or revocation to be advised . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 16 Appeal against Minister’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18 Bodies may be excluded from operation of Act . . . . . . . . . . . . . . . . . . . . . . 10 19 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 11

2 Higher Education (General Provisions) Act 1993 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s3 Higher Education (General Provisions) Act 1993 HIGHER EDUCATION (GENERAL PROVISIONS) ACT 1993 [reprinted as in force on 4 April 1996] An Act to make provision in relation to the establishment of universities and for the accreditation of courses that lead to higher education awards proposed to be offered by other bodies and institutions, and for related purposes ˙ Short title 1. This Act may be cited as the Higher Education (General Provisions) Act 1993 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Definitions 3. In this Act— “accredit” includes re-accredit; “advertise” means publish in any way, and includes publish— (a) in a newspaper or periodical; and (b) by radio or television; and (c) in a film or video recording; and (d) by a notice, sign or circular; “authorised” means—

s3 4 s3 Higher Education (General Provisions) Act 1993 (a) accredited by the Minister under this Act; or (b) authorised by, or accredited under, another Act; or (c) authorised by, or accredited under, an Act of the Commonwealth, another State or a Territory; or (d) authorised by, or accredited under, the law of a foreign country; or (e) authorised or accredited by the authority in a foreign country that, in the Minister’s opinion, is the competent authority; “higher education” means education— (a) that is provided by a university; or (b) that is provided by a non-university provider and— (i) is accredited by the Minister under this Act; or (ii) is accredited or otherwise recognised under another Act, or an Act of the Commonwealth, another State or a Territory, as being higher education; or (iii) is accredited or otherwise recognised under the law of a foreign country as being higher education; or (iv) is accredited or otherwise recognised as being higher education by the authority in a foreign country that, in the Minister’s opinion, is the competent authority; “higher education award” means— (a) a degree, status, title or description of bachelor, master or doctor; or (b) an award of postgraduate diploma or graduate certificate; or (c) another award prescribed by regulation; “non-university provider” means a person (other than a university) that provides, or proposes to provide, a course of higher education; “person” includes body and institution; “university” means a higher education institution— (a) that is—

s4 5 s7 Higher Education (General Provisions) Act 1993 (i) established or recognised as a university under an Act; or (ii) established or recognised as a university under an Act of the Commonwealth, another State or a Territory; or (b) that is— (i) established in a foreign country; and (ii) recognised as a university by the authority in the foreign country that, in the Minister’s opinion, is the competent authority for the purpose; or (c) that is recognised by regulation to be a university. ˙ Minister may make inquiries to form certain opinions 4. To enable the Minister to form the opinion mentioned in section 3, definition “authorised”, paragraph (e), definition “higher education”, paragraph (b)(iv), or definition “university”, paragraph (b)(ii), the Minister may make the inquiries that the Minister considers appropriate. ˙ Establishment of universities in Queensland 5. In determining whether a higher education institution should be established or recognised as a university in Queensland under an Act, the Minister must have regard to the regulations. ˙ Limitation on operation in Queensland of foreign universities 6.(1) A university mentioned in section 3, definition “university”, paragraph (b), must not operate, or purport to operate, in Queensland as a university, or part of a university, without the Minister’s approval. (2) Approval mentioned in subsection (1) may be given only if the Minister is satisfied that the university complies with the regulations. ˙ Limitation on use of “university” etc. 7. Unless an institution, facility, school, college or other place that offers, or purports to offer, higher education is established as, or recognised as

s8 6 s8 Higher Education (General Provisions) Act 1993 being, a university or part of a university, a person must not give to it the title ‘university’, ‘university college’ or a like title (whether any of those titles is given alone or in combination with other titles). Maximum penalty—200 penalty units. ˙ Limitation on conferring or using certain awards 8.(1) A non-university provider, or a person who purports to be a non-university provider, must not confer, or hold out that the provider or person is competent to confer, a higher education award unless the provider or person is authorised to confer the award. Maximum penalty—200 penalty units. (2) A non-university provider, or a person who purports to be a non-university provider, must not send, exhibit, print or advertise a document that is likely, or is intended by the provider or person, to induce the belief that the provider or person, in Queensland or elsewhere— (a) will confer a higher education award; or (b) undertakes to confer a higher education award; or (c) holds out that the provider or person is competent to confer a higher education award; unless the provider or person is authorised to confer the award. Maximum penalty—200 penalty units. (3) A person, with a view to obtaining an advantage or benefit for the person or another person, must not— (a) use, or attempt to use, a higher education award; or (b) induce, or attempt to induce, the belief that the person has a higher education award; unless the award was conferred on the person by— (c) a university; or (d) a non-university provider that was authorised to confer the award. Maximum penalty—100 penalty units.

s 9 7 s 12 Higher Education (General Provisions) Act 1993 ˙ Universities as accrediting authorities 9. Each university is the accrediting authority for courses that lead to awards that it confers. ˙ Minister as accrediting authority 10.(1) The Minister is the accrediting authority for courses leading to higher education awards offered, or proposed to be offered, by non-university providers. (2) The Minister may accredit a course for a higher education award, or a proposed higher education award, if the Minister is satisfied, following an assessment made in accordance with accreditation procedures and criteria approved by the Minister, that the course, and the way of delivering it, are appropriate to the type of the award. (3) An accreditation by the Minister— (a) stays in force for the period that the Minister determines; and (b) is subject to conditions that may be imposed by the Minister. (4) The Minister may amend or revoke an accreditation under subsection (2) if the Minister is satisfied, following a reassessment of the accreditation made in accordance with the procedures and criteria mentioned in subsection (2), that the course, or the way of delivering it, is no longer appropriate to the type of the award. ˙ Copies of accreditation procedures and criteria to be made available 11.(1) A person may request the chief executive of the department to give the person a copy of the procedures and criteria mentioned in section 10(2). (2) The chief executive must promptly comply with the request. ˙ Minister may examine non-university provider’s operations 12.(1) For the purpose mentioned in subsection (2), the Minister may examine, or cause to be examined, the operation or proposed operation (including financial arrangements) of a non-university provider.

s 13 8 s 15 Higher Education (General Provisions) Act 1993 (2) An examination mentioned in subsection (1) is for the purpose of enabling the Minister to form an opinion about whether— (a) the standard of a course; and (b) the way of delivering the course; and (c) the ability (including financial ability) of the non-university provider to deliver the course; justify the course being accredited under section 10. (3) If during the period for which a course has been accredited, the Minister is satisfied on reasonable grounds that the matters mentioned in subsection (2) may no longer justify the course’s continued accreditation, the Minister may examine, or cause to be examined, the operation (including financial arrangements) of the non-university provider concerned. ˙ Applications under s 10 13. Application for accreditation under section 10 must be made in accordance with the approved accreditation procedures mentioned in section 10(2) and accompanied by the fees prescribed by regulation. ˙ Decision on applications to be advised 14.(1) The Minister must advise an applicant for accreditation under section 10, in writing, of the Minister’s decision on the application. (2) The advice mentioned in subsection (1) must— (a) if the application is approved—specify the period of approval and the conditions (if any) to which the approval is subject; or (b) if the application is refused—give reasons for the decision. ˙ Amendment or revocation to be advised 15. If an accreditation given under section 10 is amended or revoked, the Minister must immediately— (a) advise the non-university provider, in writing, of the amendment

s 16 9 s 17 Higher Education (General Provisions) Act 1993 or revocation; and (b) give the non-university provider written reasons for the amendment or revocation. ˙ Appeal against Minister’s decision 16.(1) A person who is aggrieved by a decision of the Minister under this Act may appeal against the decision to a District Court judge. (2) The appeal— (a) must be instituted— (i) within 28 days after the person receives notice of the decision; and (ii) by filing a notice of appeal in the appropriate District Court registry; and (iii) by complying with rules of court applicable to the appeal; and (b) must be conducted in accordance with rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of a District Court judge; and (c) is by way of rehearing of the material before the Minister or, if the judge hearing the appeal orders, on material submitted on the appeal, or on both. (3) The Minister is a party to the appeal. (4) On the appeal, the judge may make the orders the judge considers just. (5) In this section— “decision” includes a failure to make a decision. ˙ Annual report 17. As soon as practicable after the end of each financial year, the

s 18 10 s 19 Higher Education (General Provisions) Act 1993 Minister must prepare a report on the operation of this Act during the year and cause a copy of the report to be tabled in the Legislative Assembly. ˙ Bodies may be excluded from operation of Act 18. A body may be excluded from the operation of this Act by regulation. ˙ Regulations 19. The Governor in Council may make regulations for the purposes of this Act.

11 Higher Education (General Provisions) Act 1993 ENDNOTES ´ 1 Index to endnotes page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Higher Education (General Provisions) Act 1993 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

12 Higher Education (General Provisions) Act 1993 ´ 4 List of legislation Higher Education (General Provisions) Act 1993 No. 12 date of assent 28 May 1993 ss 1–2 commenced on date of assent remaining provisions commenced 15 March 1996 (1996 SL No. 45) ´´ 5 List of annotations Amendment of Education (General Provisions) Act 1989 s 20 om R1 (see RA s 40) © State of Queensland 1996