Higher Education Regulation 2008 (NSW)

1Name of Regulation

This Regulation is the Higher Education Regulation 2008.

2Commencement

This Regulation commences on 1 September 2008.

Note—

This Regulation replaces the Higher Education Regulation 2003 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.

3Interpretation(1)

In this Regulation:

the Act means the Higher Education Act 2001.

(2)

Notes in this Regulation do not form part of this Regulation.

4Fees(1)

The fees set out in Schedule 1 are payable with respect to the matters referred to in that Schedule.

(2)

The fees set out in Schedule 1 apply equally to applications for registration, accreditation, authorisation or approval and applications for the renewal of registration, accreditation, authorisation or approval.

(3)

The annual fees referred to in Schedule 1 are payable on 31 July in each year if on the first day of that month:

• (a)

  the registration is current, in the case of an annual registration fee, or

• (b)

  the education institution is included in Part 2 of Schedule 1 to the Act in the case of an annual fee for inclusion in that Part, or

• (c)

  the approval is in force in the case of an annual approval fee.

(4)

The Director-General may waive, remit, reduce or refund any fee that is payable under the Act.

Note—

The fees set out in Schedule 1 will generally be subject to an annual review and indexation.

5Sections 14 and 15 of Act not to apply to certain matters following suspension or cancellation of registration or accreditation(1)

This clause applies in circumstances in which:

• (a)

  an education institution’s registration under the Act is suspended or cancelled, or

• (b)

  a course of study’s accreditation under the Act is suspended or cancelled in relation to an education institution.

(2)

Section 14 of the Act does not apply to any representation to the effect that the education institution concerned provides, or is authorised to provide, any degree or post-graduate course to persons who commenced the course before the relevant registration or accreditation was suspended or cancelled, as the case may be.

(3)

Section 15 of the Act does not apply to any representation to the effect that the education institution concerned is authorised to confer a degree or post-graduate qualification in relation to any degree or post-graduate course on persons who commenced the course before the relevant registration or accreditation was suspended or cancelled, as the case may be.

6Savings provision

Any act, matter or thing that, immediately before the repeal of the Higher Education Regulation 2003, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Fees

(Clause 4)

Australian and overseas universities
Application by education institution of this State for Minister’s recommendation under section 4 of the Act and preliminary review of application	$11,280
Application by education institution of the Commonwealth, another State or a Territory for Minister’s recommendation under section 4 of the Act	$3,390
Assessment of education institution of this State in connection with application for Minister’s recommendation under section 4 of the Act	$45,080
Application by education institution for registration as an overseas university under section 5 of the Act	$11,280
Assessment of education institution in connection with application for registration as an overseas university under section 5 of the Act	$45,080
Annual fee for registration as an overseas university under section 5 of the Act	$2,260
Annual fee for education institution included in Part 2 of Schedule 1 to the Act	$2,260
Application fee for 5 yearly review under the National Protocols of education institution included in Part 2 of Schedule 1 to the Act	$11,280
Undertaking 5 yearly review under the National Protocols of education institution included in Part 2 of Schedule 1 to the Act	$45,080
Australian and overseas higher education institutions
Application by education institution for registration as an Australian or overseas higher education institution under section 5 of the Act	$3,390
Assessment of education institution in connection with application for registration as an Australian or overseas higher education institution under section 5 of the Act	$5,630
Annual fee for registration of education institution under section 5 of the Act as an Australian or overseas higher education institution	$2,260
Assessment of education institution in connection with application by institution to vary or revoke any condition of registration under section 6 of the Act	$3,390
Assessment of an overseas location for the delivery of a course of study (per location)	$5,630
Assessment of application by education institution to vary particulars of its registration	$3,390
Accreditation of higher education courses by Director-General
Application for accreditation of course of study under section 7 of the Act (per course)	$2,260
Assessment of course of study in connection with application for accreditation under section 7 of the Act (per course):
(a) Diploma or advanced diploma	$3,950
(b) Associate degree	$4,790
(c) Bachelor degree	$5,630
(d) Graduate certificate or graduate diploma	$3,950
(e) Masters degree	$7,890
(f) Doctoral degree	$7,890
Assessment of application by education institution to vary or revoke any condition under section 8 of the Act (per course)	$3,390
Assessment of application by education institution to vary particulars of accreditation of a course of study	$3,390
Approval of a course of an overseas university or higher education institution under the National Protocols	$2,260
Accreditation of higher education courses by institution
Application to Director-General under section 7 of the Act for authorisation for an education institution to accredit courses provided by the institution	$6,760
Assessment of an application to Director-General under section 7 of the Act for authorisation for an education institution to accredit courses provided by the institution	$33,810
Application to vary particulars of authorisation for an education institution to accredit courses provided by the institution	$5,630
Assessment of application to vary particulars of authorisation for an education institution to accredit courses provided by the institution	$5,630
Approval to provide courses of study to overseas students
Application for approval of education institution in relation to courses of study under section 10 of the Act	$5,630
Annual fee for approval of education institution under section 10 of the Act:
(a) if number of courses covered by approval does not exceed 5	$1,130
(b) if number of courses covered by approval exceeds 5	$2,260
Assessment of application by education institution to vary or revoke any condition of approval under section 11 of the Act	$3,390
Assessment of application by education institution to vary its particulars of approval to add, suspend or cancel a course of study	$1,130
Assessment of application by education institution to vary its particulars of approval to add new course delivery locations (per location)	$3,390
Application by education institution to vary its particulars of registration other than to add, suspend or cancel a course of study or to add new course delivery location	$560