Post Compulsory Education Acts (Amendment) Act 2001 (Vic)

Post Compulsory Education Acts (Amendment) Act

2001

Act No. 34/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Consequential amendment	2
4.	Endorsement of courses of study for overseas students	2
5.	Definitions	4
6.	Approved universities	6
7.	Accreditation and authorisation to conduct courses in higher
education	7
8.	New sections 11A to 11D inserted	10

11A.	Review of operations of universities, institutions and
courses 10
11B.	Authorised officers 13
11C.	Identification 13
11D.	Powers of authorised officers 13

9.	Delegation of review powers and functions	16
10.	Part 6 substituted	16
PART 6—TRANSITIONALS AND SAVINGS	16

27.	Saving of guidelines	16
28.	Commencement of deemed approval for certain
universities	17

11.	Deakin University	17
12.	Victorian Qualifications Authority	17

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ENDNOTES 18

i

Victoria

No. 34 of 2001

Post Compulsory Education Acts

(Amendment) Act 2001†

[Assented to 19 June 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to—

(a)	amend the Tertiary Education Act 1993 to make further provision for universities and other post-secondary education providers of higher education;
(b)	amend the Deakin University Act 1974 to remove the requirement for Deakin University to maintain a campus at Clayton;

Post Compulsory Education Acts (Amendment) Act 2001

s. 2 Act No. 34/2001

(c)	amend the Victorian Qualifications Authority Act 2000 to empower the Victorian Qualifications Authority to charge
fees for the registering of persons or bodies authorised to issue recognised qualifications.

2. Commencement

(1) Sections 1, 11 and this section come into

operation on the day after the day on which this

Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 June 2002, it
comes into operation on that day.

3. Consequential amendment

In section 5(2) of the Tertiary Education Act
1993, for paragraph (b) of the definition of
"prescribed institution" substitute—

"(b) an institution in respect of which an approval

under section 10 is in force or is deemed to

be in force;".

4. Endorsement of courses of study for overseas students

(1) In section 6(1) of the Tertiary Education Act

1993 for "university—" substitute—

"university; or

(c)	accredited by an institution approved or deemed to be approved to operate as a university under section 10; or
(d)	authorised by the Minister under section 11(1)(e)(ii)—".

(2) In section 6(3) of the Tertiary Education Act

1993—

Post Compulsory Education Acts (Amendment) Act 2001

Act No. 34/2001 s. 4

(a) for paragraph (a) substitute— "(a) the management of the collection of

fees from students and the

disbursement of those fees;";

(b) after paragraph (b) insert— "(ba) if a course of study is offered by a

recognised university or autonomous
college, the information made available
to prospective students before

enrolment in that course;";

(c) for paragraphs (e) and (f) substitute— "(e) the availability of assistance in

acquiring English language skills;

(f)	the processes in place to ensure that staff are sensitive to the cultural differences of students from overseas;";
(d)	after paragraph (g) insert— "(ga) the activities and services made

available to students on arrival in to students to assist with orientation in Australia and the institution, centre or establishment where the course is to be conducted;";

(e) for paragraphs (h) to (p) substitute— "(h) procedures for monitoring students

compliance with visa requirements;

(i) student selection procedures;

(j) the character and credentials of each person concerned in the management of the institution, centre or establishment

Post Compulsory Education Acts (Amendment) Act 2001

s. 5	Act No. 34/2001
or the governing body of that institution, centre or establishment;

(k) the status of the institution or provider as a genuine post-secondary education institution or provider;".

(3) For section 6(5) and (6) of the Tertiary

Education Act 1993 substitute—

"(5) An endorsement under this section remains

in force for a period, not exceeding 5 years,
specified by the Minister unless sooner
suspended or cancelled by the Minister.

(6) The Minister, after conducting a review in

accordance with section 11A and after
considering any submissions made in
accordance with that section, may decide
whether to impose the proposed suspension
or cancellation and must notify the post-
secondary education provider or institution
of his or her decision.

(6A) Any suspension or cancellation that the Minister decides upon takes effect when notice of the decision is given to the post-

secondary education provider or institution or on any later date that may be specified in the notice.".

5. Definitions

(1) In section 9 of the Tertiary Education Act

1993—

(a) insert the following heading—

"Interpretation";

(b)

for the definition of "higher education ' "higher education award" means a

qualification described as—

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Act No. 34/2001	s. 5
(a)	a degree, associate degree or higher degree; or
(b)	or post-graduate diploma or certificate other than a graduate certificate or post-graduate certificate if the course of study relating to that certificate is included in the State Register of Accredited Courses and Recognised Qualifications established under section 19 of the

a graduate diploma or certificate Authority Act 2000; or

(c)	a diploma or advanced diploma if the course of study relating to that award is classified as higher
education in the course descriptions published by the Australian Qualifications Frameworks Advisory Board;'.

(c) in the definition of "recognised university", in paragraph (b) for "or a Territory" substitute ", the Australian Capital Territory or the Northern Territory".

(2) At the end of section 9 of the Tertiary Education

Act 1993 insert—

"(2) In this Part a reference to an institution

operating as a University includes a any of the following telecommunication devices—

reference to an institution operating as a

(a) a computer adapted for communicating by way of the internet or another communications network; or

Post Compulsory Education Acts (Amendment) Act 2001

s. 6 Act No. 34/2001

(b) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; or

(c) a telephone; or
(d) any other electronic device.

(3) In this Part a reference to a course of study

includes a reference to a course of study
offered in or from Victoria by means of any
of the telecommunication devices referred to
in sub-section (2).".

6. Approved universities

(1) In section 10(1) of the Tertiary Education Act

1993 for "recognised University" substitute
"University established or recognised under an
Act".

(2) After section 10(1A) of the Tertiary Education

Act 1993 insert—

"(1B) An institution that is established as a

University under an Act of the Australian Capital Territory or the Northern Territory is deemed to have the approval of the Minister under this section to operate as a University or part of a University (as the case requires).".

(3) In section 10(3) of the Tertiary Education Act

1993, after paragraph (a) insert—
"(b) the commitment of the University to research

and scholarship and the systematic

advancement of knowledge;

(ba) national policies and agreements by

Ministers responsible for higher education

Post Compulsory Education Acts (Amendment) Act 2001

Act No. 34/2001 s. 6

about governance and other characteristics of

Universities in Australia;".

(4) In section 10 of the Tertiary Education Act

1993, for sub-sections (7) and (8) substitute—
"(7) The Minister may, after the conduct of a

review in accordance with section 11A and after considering any submissions made in accordance with that section, by notice

published in the Government Gazette, revoke
or suspend the approval or deemed approval
or impose any condition on the approval or
deemed approval.

(8) Any suspension, revocation or condition

imposed by the Minister under sub-section
(7) takes effect on the date the Order is
published in the Government Gazette or such
later date as is specified in the Order.".

(5) After section 10(13) of the Tertiary Education Act 1993 insert—

"(14) Sub-sections (11), (12) and (13) do not

apply—

(a) approval relating to an institution that is

to an Order granting or revoking an Act of a Territory or an Act or law of another country; or

(b) with respect to a University deemed to be approved to operate as a University under sub-section (1B).".

7.  Accreditation and authorisation to conduct courses in higher education

(1) In section 11(3)(b) of the Tertiary Education

Act 1993—

Post Compulsory Education Acts (Amendment) Act 2001

Act No. 34/2001

(a)

for sub-paragraphs (i), (ii) and (iii) "(i) student entry requirements;";

(b) for sub-paragraph (vi) substitute— "(vi) resources required to deliver the

course;";

(c) for sub-paragraph (viii) substitute—

"(viii) qualifications and experience of staff

who developed the course of study and the required level of qualifications and experience of staff required to conduct the course;

(viiia) experience of the institution in

developing higher education courses of
study in Australia;

(viiib) the views or recommendations of any

relevant professional body about the
course of study;".

(2) In section 11(4) of the Tertiary Education Act

1993—

(a) for paragraph (b) substitute— "(b) the experience of the institution or any

person concerned in the management or
operation of the institution in

conducting higher education courses;";

(b) after paragraph (e) insert— "(ea) the ownership of any property rights in

the course or the curriculum or course

materials;

(eb) student selection procedures;

Post Compulsory Education Acts (Amendment) Act 2001

Act No. 34/2001 s. 7

(ec) arrangements for the management and maintenance of the academic standards of the course of study;

(ed) the management of the collection of

fees from students and of the
disbursement of those fees;

(ee) the number of students;
(ef) student grievance procedures;

(eg) welfare and support services for

students;

(eh) premises, equipment, materials and

resources;

(ei) qualifications and experience of staff;
(ej) performance monitoring and reporting;

(ek) the probity of the institution and the

character and credentials of each person
concerned in the management of the
institution or the governing body of the

institution;".

(3) In section 11 of the Tertiary Education Act

1993, for sub-section (8) substitute—

"(8) The Minister, after conducting a review in

accordance with section 11A of a course of
study accredited under this section or the
institution conducting the course of study
and after considering any submissions made
in accordance with that section, may suspend
or cancel the accreditation or authorisation
or impose any condition on the accreditation

or authorisation.

(8A) Any suspension, cancellation or condition
that the Minister decides upon takes effect
when notice of the decision is given to the

Post Compulsory Education Acts (Amendment) Act 2001

s. 8 Act No. 34/2001

institution or on any later date that may be

specified in the notice.".

8. New sections 11A to 11D inserted

After section 11 of the Tertiary Education Act

1993 insert—

"11A. Review of operations of universities,

institutions and courses

(1) The Minister may at any time arrange for a review of the operation of—

(a)	a course of study endorsed under section 6; or
(b)	a University approved or deemed to be approved to operate in Victoria under section 10; or
(c)	a course of study accredited under section 11(1)(e)(i); or
(d)

an institution authorised to conduct a 11(1)(e)(ii).

(2) In the case of a University that is approved

under section 10(1A), the Minister must
ensure that a review of the University's
operation is conducted within 5 years after
the first enrolment of students at that
University in Victoria.

(3) The Minister may appoint a person or

committee to review the operations of a
University, post-secondary education
provider or other institution or course of

study and advise the Minister—

(a) having regard to the matters set out in this Act and the guidelines published under this Act whether or not the

University, post-secondary education

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Act No. 34/2001	s. 8
provider or other institution or course of study has attained and continues to attain the standards required of a
University, post-secondary education provider or other institution or course of study for the purposes of this Act; and

(b) secondary education provider or other
institution has complied with any
condition imposed by the Minister on

whether or not the University, post- authorisation under this Division.

(4) The Minister, by notice in writing, may

require a University, post-secondary
education provider or other institution or any
person involved in the management or
operation of the University, post-secondary
education provider or other institution—

(a)

to provide, in accordance with or any person or committee appointed by the Minister any information about the matters set out in this Act or any guidelines published under this Act relevant to the University, post- secondary education provider or other institution, that is specified in the notice; or

(b) to produce to the Minister or any person or committee appointed by the Minister any records relevant to those matters that are specified in the notice and permit examination of the records and the making of copies of those records.

Post Compulsory Education Acts (Amendment) Act 2001

s. 8 Act No. 34/2001

(5) If the Minister is satisfied after the conduct of a review in accordance with this section that it is in the interests of the students

enrolled at the University, post-secondary
education provider or other institution or of
students undertaking the course of study or

in the public interest that—

(a)	the endorsement of a course of study under section 6 should be suspended or cancelled; or
(b)	the approval or deemed approval of the University under section 10 should be suspended or revoked; or
(c)	the accreditation of a course of study under section 11(1)(e)(i) should be suspended or revoked; or
(d)	the authorisation of an institution to conduct a course of study under section 11(1)(e)(ii) should be suspended or revoked; or
(e)

any condition should be imposed on an authorisation—

the Minister may suspend, cancel or revoke that endorsement, approval, accreditation or authorisation or impose that condition in

accordance with this Division.

(6) A suspension, cancellation, revocation or

condition may be proposed by the Minister
giving notice in writing of the proposed
suspension, revocation or condition and
giving reasons to the University or
institution affected.

(7) The Minister must give the University or institution 28 days to make submissions to

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Act No. 34/2001 s. 8

the Minister to show cause why the proposed
suspension, cancellation, revocation or
condition should not be imposed and must

consider any submissions made.

11B. Authorised officers

The Minister may appoint a person employed under the Public Sector Management and Employment Act 1998

in the administration of this Act as an
authorised officer for the purposes of this

Act.

11C. Identification

(1) The Minister must furnish an authorised

officer with an identification card bearing a
recent photograph of the officer.

(2) An authorised officer must produce his or her identity card for inspection—

(a)	before exercising a power under section 11D; and
(b)	at any time during the exercise of a power under section 11D, if asked to do so.

Penalty: 10 penalty units.

11D. Powers of authorised officers

(1) An authorised officer with any necessary

help, may enter, at any time during ordinary
working hours on any day, any premises—

(a) where, or where the officer has reasonable cause to believe that, an

Post Compulsory Education Acts (Amendment) Act 2001

s. 8	Act No. 34/2001
education institution, establishment or centre is offering or providing a course or part of a course endorsed under
section 6 to overseas students; and

(b)	where, or where the officer has reasonable cause to believe that, an institution approved or deemed to be approved to operate as a University under section 10 is so operating; and
(c)	reasonable cause to believe that, an institution is conducting a course of

where, or where the officer has 11(1)(e)(i); and

(d) reasonable cause to believe that, an
institution authorised under section
11(1)(e)(ii) is conducting a course of

where, or where the officer has 11(1)(e)(i); and

(e)	in the case of a place referred to in paragraph (a), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 6(3) or guidelines made under section 6(4) and take copies or extracts from those documents; and
(f)	in the case of a place referred to in paragraph (b), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 10(3) or guidelines made under

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Act No. 34/2001	s. 8
section 10(4) and take copies or extracts from those documents; and

(g)	in the case of a place referred to in paragraph (c), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 11(3) or guidelines made under section 11(5) about those matters and take copies or extracts from those documents; and
(h)	in the case of a place referred to in paragraph (d), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 11(4) or guidelines made under section 11(5) about those matters and take copies or extracts from those documents; and

(i)  in the case of a place referred to in paragraph (a), (b), (c) or (d), may make any inquiries or inspect and examine any documents relating to the matters that are specified in a notice under section 11A(4) that have not been produced to the Minister or any person or committee appointed by the Minister and take copies or extracts from those documents.

(2) An authorised officer may not exercise any power under sub-section (1)—

(a) in relation to premises if the occupier of the premises has required the officer to produce his or her identification card

Post Compulsory Education Acts (Amendment) Act 2001

s. 9	Act No. 34/2001
for inspection by the occupier and the officer fails to comply with the requirement; or

(b) in relation to premises used as or mainly as residential premises, except with the consent of the occupier.

(3) A person must not obstruct delay or

intimidate an authorised officer when the
officer is exercising or attempting to exercise
his or her functions as an authorised officer.

Penalty: 60 penalty units.".

9. Delegation of review powers and functions

In section 21 of the Tertiary Education Act

1993—

(a) for "any body" substitute "a member of a body";

(b) after "11" insert ", 11A".

10. Part 6 substituted

For Part 6 of the Tertiary Education Act 1993 substitute—

"PART 6—TRANSITIONALS AND SAVINGS

27. Saving of guidelines
Despite the amendment of sections 6(3),
10(3) and 11(3) and (4) by the Post
Compulsory Education Acts
(Amendment) Act 2001, the guidelines
made under sections 6(4), 10(4) and 11(5)
and in force immediately before the
commencement of section 4 of the Post
Compulsory Education Acts
(Amendment) Act 2001 continue in
operation for a period not exceeding

Post Compulsory Education Acts (Amendment) Act 2001

Act No. 34/2001 s. 11

6 months after that commencement unless sooner revoked by guidelines made under section 6(3), 10(3) or 11(3) or (4) (as the case requires).

28.  Commencement of deemed approval for certain universities

under an Act of the Commonwealth, another
State, the Australian Capital Territory or the
Northern Territory that was, before the
commencement of section 6(2) of the Post
Compulsory Education Acts
(Amendment) Act 2001, operating as a

An institution established as a University is deemed on that date to have the approval of the Minister under section 10(1B) to operate as a University or part of a University (as the case requires).".

11. Deakin University

In section 5(ab) of the Deakin University Act	Act No. 8610.
1974 omit "Clayton,".

12. Victorian Qualifications Authority

Act No.

In section 23(11) of the Victorian Qualifications	97/2000.
Authority Act 2000, after "sub-section (1)" insert "or (2)".

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Post Compulsory Education Acts (Amendment) Act 2001

Endnotes Act No. 34/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 3 May 2001

Legislative Council: 6 June 2001

The long title for the Bill for this Act was "to amend the Tertiary
Education Act 1993, the Deakin University Act 1974 and the Victorian
Qualifications Authority Act 2000 and for other purposes."