Tasmanian Qualifications Authority Amendment Act 2007 (TAS)

Tasmanian Qualifications Authority Amendment Act 2007

An Act to amend the Tasmanian Qualifications Authority Act 2003 and the Vocational Education and Training Act 1994 and to consequentially repeal and rescind certain legislation

[Royal Assent 13 December 2007]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Tasmanian Qualifications Authority Amendment Act 2007 . 2CommencementThis Act commences on 1 January 2008. PART 2Tasmanian Qualifications Authority Act 2003 Amended3Principal ActIn this Part, the Tasmanian Qualifications Authority Act 2003 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of accredited higher education course from subsection (1) and substituting the following definitions: accredited course means an accredited senior secondary course, accredited higher education course or accredited other education course; accredited education program means an education program that is accredited under section 55ZU ; accredited higher education course means a course that is accredited under section 36 or by a self-accrediting higher education provider; accredited other education course means a course that is accredited under section 55ZI ; (b) by omitting the definitions of ANTA Ministerial Council and approved qualification from subsection (1) and substituting the following definitions: ANTA Ministerial Council means the Australian National Training Authority Ministerial Council that – (a) was established in accordance with the statement entitled "A National Vocational Education and Training System" agreed on by the Commonwealth and each State and Territory and published on 21 July 1992; and (b) was replaced by the Ministerial Council referred to in the Skilling Australia’s Workforce Act 2005 of the Commonwealth; approval certificate means an approval certificate issued under section 55D ; approved overseas higher education course means a higher education course approved under section 55B(5)(b) ; approved overseas higher education provider means an overseas higher education institution approved under section 55B(1)(a) as an approved overseas higher education provider; approved overseas higher education qualification means a qualification approved under section 55B(5)(c) ; approved qualification means – (a) a qualification for an accredited senior secondary course determined under section 26(4)(b) ; or (b) a qualification for an examination or assessment of senior secondary education determined under section 33C(b) ; or (c) a higher education award for an accredited higher education course determined under section 36(3) ; or (d) a qualification for an approved overseas higher education course approved under section 55B(5)(c) ; or (e) a qualification for a higher education course provided by a self-accrediting higher education provider determined by that provider under section 55Z ; or (f) a qualification for an accredited other education course determined under section 55ZI(3) ; or (g) a qualification for an examination or assessment of other education determined under section 55ZR(b) ; or (h) a qualification for an accredited education program determined under section 55ZU(5) ; assessment recommendation means the recommendation made under section 55ZZR by the Authority to the Minister as to whether it is appropriate to establish a new university; (c) by omitting "time;" from the definition of Australian Quality Training Framework in subsection (1) and substituting "time by the Ministerial Council referred to in the Skilling Australia’s Workforce Act 2005 of the Commonwealth or a prescribed body or person;"; (d) by inserting the following definition after the definition of Authority in subsection (1) : certificate of self-accrediting status means a certificate of self-accrediting status issued under section 55Q ; (e) by inserting the following definition after the definition of committee in subsection (1) : corresponding law means a law of the Commonwealth, another State or a Territory that provides for the accreditation, registration, licensing, approval or other recognition of any one or more of the following: (a) senior secondary courses; (b) higher education courses; (c) other education courses; (d) education programs; (e) higher education providers; (f) providers of education programs to overseas students; (f) by omitting "course –" from paragraph (c) of the definition of course in subsection (1) and substituting "course; or"; (g) by inserting the following paragraphs after paragraph (c) in the definition of course in subsection (1) : (d) an approved overseas higher education course; or (e) an accredited other education course – (h) by omitting the definitions of education and exempt university from subsection (1) and substituting the following definitions: education program means – (a) an accredited course; or (b) an accredited training course; or (c) any other instruction, training or prescribed means of education, whether given as a course of study or otherwise; exempt university means – (a) a university; or (b) another provider of higher education; or (c) another person – referred to in section 5 ; externally provided distance course means a course provided to a student situated in Tasmania if – (a) the course is entirely provided by means that do not include teaching in person; and (b) while the person is providing the course, the person is not present in Tasmania, and does not have any employees or business premises in Tasmania, for the purposes of providing that course; field of study has the same meaning as in the National Protocols for Higher Education Approval Processes; formal education means education that – (a) is delivered in a structured program that if successfully completed will result in the person obtaining a qualification; or (b) will result in the person obtaining a qualification if – (i) the attainment of the education is successfully demonstrated by that person in an examination or other assessment conducted by another person, other than the Authority; and (ii) the conduct of such an examination or other assessment by that other person is an ordinary part of the business, functions or activities of that other person; (i) by omitting "under the Australian Qualifications Framework" from the definition of higher education in subsection (1) ; (j) by inserting the following paragraph after paragraph (d) in the definition of higher education award in subsection (1) : (da) an approved overseas higher education qualification; or (k) by inserting the following definition after the definition of higher education course in subsection (1) : interstate higher education course means a higher education course that is – (a) accredited, registered, licensed or otherwise approved under a corresponding law that provides for the accreditation, registration, licensing or other approval of a higher education course; and (b) provided to a student present in Tasmania – but does not include an externally provided distance course; (l) by inserting the following definition after the definition of justice of the peace in subsection (1) : local higher education course means a higher education course, other than an interstate higher education course or overseas higher education course, that – (a) is provided in Tasmania; or (b) is provided in another State, a Territory or another country by a person resident or situated in, or whose principal business premises are situated in, Tasmania; (m) by inserting the following definitions after the definition of local registered training organisation in subsection (1) : MCEETYA means the Ministerial Council on Education, Employment, Training and Youth Affairs created in 1993 by the Council of Australian Governments and which consists of the Ministers from the Commonwealth, States and Territories having responsibility for education, employment, training and youth affairs; National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students means the code of that name approved by MCEETYA on 7 July 2006, as amended or substituted from time to time; (n) by omitting the definition of national standard from subsection (1) and substituting the following definitions: national standard means a standard relating to the provision of a course, the assessment of a person undertaking a course or the conferral or issue of a qualification in respect of a course to be followed by Commonwealth, State and Territory registering bodies and course accrediting bodies under – (a) the Australian Quality Training Framework; or (b) the National Protocols for Higher Education Approval Processes; or (c) the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students; or (d) the English Language Intensive Courses for Overseas Students (ELICOS) Standards; other education means education obtained by a person after the completion of those years of schooling that the person is required by law to attend – (a) including but not limited to adult education, community education and education specifically designed for a person with a disability; but (b) excluding senior secondary education, vocational education and training and higher education; other education course means a course of study in other education that entitles a person who satisfies the course requirements to the conferral or issue of an approved qualification; overseas higher education course means a higher education course provided or to be provided by an overseas higher education institution; (o) by omitting the definition of qualification from subsection (1) and substituting the following definitions: overseas student means a student in relation to whom a fee is paid for a course, but does not include – (a) an Australian citizen or a dependant of an Australian citizen; or (b) a New Zealand citizen or a dependant of a New Zealand citizen; or (c) a permanent resident in Australia or a dependant of such a permanent resident; or (d) a refugee resident in Australia; person includes – (a) a body of persons corporate or unincorporate; and (b) a government department or part of a government department; qualification means the recognition, by any means, that a person has successfully completed a course or course of study or has been successful in an examination or other assessment of an area of his or her education; recognised qualification means a qualification recognised by the Authority under section 55ZZM(1) ; registered education (overseas students) provider means a person who is registered as a registered education (overseas students) provider under section 55ZZA ; (p) by inserting the following definition after the definition of registered higher education provider in subsection (1) : registered student exchange organisation means an organisation or other person that is registered as a registered student exchange organisation under section 33E ; (q) by inserting the following definitions after the definition of registration certificate in subsection (1) : registration (overseas students) certificate means a registration (overseas students) certificate issued under section 55ZZC ; registration (student exchange organisation) certificate means a registration (student exchange organisation) certificate issued under section 33F ; (r) by inserting the following definition after the definition of rules in subsection (1) : self-accrediting higher education provider means a person who is granted the status of self-accrediting higher education provider under section 55O ; (s) by inserting the following definition after the definition of senior secondary education in subsection (1) : student exchange program means a program whereby Tasmanian students undertaking senior secondary education, or other secondary education, may undertake a part of their studies in a country other than Australia and in return students from other countries may undertake a part of their studies in Tasmania; (t) by inserting in subsection (2)(a) "or education" after "course"; (u) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) a person who provides a course or education to a student who is present in Tasmania while undertaking that course or education is taken to provide that course or education in Tasmania unless that course is an externally provided distance course. 5Section 5 substituted Section 5 of the Principal Act is repealed and the following section is substituted: 5Non-application of Act to certain providers of higher education (1) This Act, other than Part 4B , does not apply in relation to – (a) the University of Tasmania; or (b) a university established, recognised or registered by or under – (i) an Act of this State; or (ii) an Act of the Commonwealth, another State or a Territory; or (c) a person who is authorised to provide higher education courses, and self-accredit those courses, by or under an Act of the Commonwealth, another State or a Territory. (2) This Act, or a provision or part of this Act, as prescribed does not apply to a prescribed person or a person of a prescribed class of persons. (3) If the University of Tasmania, a university referred to in subsection (1)(b) , a person referred to in paragraph (c) or a person referred to in subsection (2) is a registered education (overseas students) provider, this Act applies to that university or person in his, her or its capacity as such a registered education (overseas students) provider. 6Section 10 amended (Functions of Authority) Section 10 of the Principal Act is amended as follows: (a) by inserting in paragraph (a) "approved qualifications and other" after "the"; (b) by omitting from paragraph (b) "education and higher education;" and substituting "education, higher education and other education;"; (c) by omitting paragraph (d) and substituting the following paragraphs: (d) to determine standards and qualifications in senior secondary education and other education and to provide for or determine related matters; (da) to set, conduct or arrange for the conduct of, and mark examinations and assessments in senior secondary education and other education and to provide for or determine related matters; (db) to accredit education programs for overseas students, register providers of such programs and provide for or determine related matters; (d) by omitting from paragraph (e) "education and training and higher education;" and substituting "education, higher education and other education;". 7Section 11 amended (Powers of Authority) Section 11 of the Principal Act is amended by inserting after paragraph (a) the following paragraph: (ab) undertaking audits of providers of education or training at the request of persons the Authority considers have an interest in the provision of education or training by those providers; 8Section 24 substituted Section 24 of the Principal Act is repealed and the following section is substituted: 24Report to Minister (1) By 31 March each year, the Authority is to provide to the Minister an annual report on its activities for the year ending on the immediately preceding 31 December. (2) The Minister must cause a copy of the annual report to be laid before each House of Parliament within one month after receiving it. (3) If the Minister is unable to comply with subsection (2) because either House of Parliament is not sitting, the Minister must – (a) either before, or as soon as practicable after, the end of that one-month period – (i) forward a copy of the annual report to the Clerk of that House; and (ii) make the annual report available to the public; and (b) within the next 7 sitting-days of that House, cause the annual report to be laid before that House. 9Part 3, Division 1: Heading inserted Part 3 of the Principal Act is amended by inserting the following heading before section 25 : Accredited senior secondary courses 10Section 31 amended (Assessment of accredited senior secondary courses) Section 31 of the Principal Act is amended by omitting "arrangements" and substituting "arrangements, and may set, conduct or arrange for the conduct of and mark examinations and assessments,". 11Part 3, Divisions 2 and 3 insertedAfter section 33 of the Principal Act , the following Divisions are inserted in Part 3: Division 2Senior secondary education otherwise than by completion of accredited senior secondary course 33AExamination or assessment of senior secondary education The Authority may determine procedures and arrangements, and may set, conduct or arrange for the conduct of and mark examinations and assessments, for the assessment of persons in respect of senior secondary education that has been obtained by those persons otherwise than by the successful completion of an accredited senior secondary course. 33BSenior secondary education qualification If a person meets the standards required by the Authority for success in an examination or assessment of the person’s senior secondary education that was obtained otherwise than by the successful completion of an accredited senior secondary course, the Authority is to issue to the person the approved qualification for that examination or assessment. 33CStandards and qualifications for senior secondary education The Authority may – (a) set or adopt standards for examinations and assessments of the senior secondary education obtained by a person otherwise than by the successful completion of an accredited senior secondary course; and (b) determine qualifications for the successful completion of such examinations and assessments. Division 3Registration of student exchange organisations 33DApplication for registration of student exchange organisation (1) An organisation or other person that proposes to oversee or manage a student exchange program may apply to the Authority for registration as a registered student exchange organisation. (2) An application is to be – (a) in a form approved by the Authority; and (b) accompanied by any prescribed fee. (3) The Authority may require the applicant to provide any further information, and any permissions for the release of information, it considers relevant to the application. 33ERegistration as registered student exchange organisation (1) On receipt of an application under section 33D , the Authority may – (a) register the applicant as a registered student exchange organisation; or (b) refuse to so register the applicant. (2) In determining whether or not to register an applicant, the Authority is to have regard to – (a) any relevant national guidelines; and (b) the aims of the proposed student exchange program; and (c) the reciprocal arrangements between Tasmania and the other country under the proposed student exchange program; and (d) the organisational and financial structure of the applicant; and (e) the support offered under the proposed student exchange program to students in the program and the families accommodating those students; and (f) the arrangements for health insurance for students in the proposed student exchange program; and (g) the processes established by the proposed student exchange program for resolution of problems; and (h) any other matter the Authority considers relevant. (3) On registering or refusing to register an applicant, the Authority is to notify the applicant, in writing, of that decision. 33FRegistration (student exchange organisation) certificate (1) On registering an organisation or other person as a registered student exchange organisation, the Authority is to issue a registration (student exchange organisation) certificate to that organisation. (2) A registration (student exchange organisation) certificate is to specify – (a) the period for which the registered student exchange organisation is registered; and (b) any other matter the Authority considers appropriate. 33GTerm of registration (1) The registration of a registered student exchange organisation has effect for the period not exceeding 5 years specified in the registration (student exchange organisation) certificate. (2) Registration of a person as a registered student exchange organisation takes effect on the day the registration (student exchange organisation) certificate is issued or on a later day specified in that certificate. 33HRegistration fee A registered student exchange organisation must pay any prescribed registration fee. 33IAmendment of registration (1) The Authority may amend the registration of a registered student exchange organisation on the request of the registered student exchange organisation or at its own discretion. (2) If the Authority amends a registration under subsection (1) , the Authority is to – (a) notify the registered student exchange organisation, in writing, of that amendment; and (b) either endorse that amendment on the registration (student exchange organisation) certificate or provide the registered student exchange organisation with a replacement registration (student exchange organisation) certificate. (3) The amendment of the registration of a registered student exchange organisation takes effect on the day specified in the notice provided to that organisation under subsection (2)(a) . 33JRenewal of registration (1) A registered student exchange organisation may apply for the renewal of the registration not less than 6 calendar months before the registration ceases to have effect. (2) This Division applies in respect of an application for renewal of registration as a registered student exchange organisation, and that renewal, as if the application were an application for a first registration as a registered student exchange organisation. (3) A registered student exchange organisation must comply with the written requirement of the Authority that the registration (student exchange organisation) certificate be surrendered to the Authority for the purpose of amending it, or replacing it, as the Authority determines appropriate on the renewal of the registration. 33KRegistration not transferable The registration of an organisation or other person as a registered student exchange organisation may not be transferred to any other organisation or person. 33LGuidelines The Authority may issue guidelines in respect of – (a) the accommodation, education and wellbeing of students in a student exchange program; and (b) the processes for making complaints and dealing with problems and complaints under a student exchange program; and (c) any other matter the Authority considers relevant to a student exchange program. 33MDirection to registered student exchange organisation (1) The Authority may direct a registered student exchange organisation to take any action the Authority considers appropriate or refrain from doing any act if the Authority is of the opinion that – (a) the registered student exchange organisation has contravened this Act or guidelines issued under section 33L ; or (b) it is appropriate to give the direction having taken into account the matters specified in section 33E(2) . (2) A direction is to be in writing provided to the registered student exchange organisation. (3) A registered student exchange organisation must comply with a direction provided under this section. 33NCancellation or suspension of registration (1) The Authority may cancel or suspend the registration of a registered student exchange organisation if, after allowing the organisation an opportunity to make submissions in respect of the matter, the Authority is satisfied that – (a) the organisation has contravened this Act or guidelines issued under section 33L ; or (b) it is appropriate to so cancel or suspend the registration having taken into account the matters specified in section 33E(2) ; or (c) it is in the public interest to so cancel or suspend the registration; or (d) the organisation has not complied with a direction under section 33M within the time specified in the direction. (2) The Authority is to cancel the registration of a registered student exchange organisation if it has surrendered the registration (student exchange organisation) certificate and requested that the registration be cancelled. 12Section 34 substituted Section 34 of the Principal Act is repealed and the following section is substituted: 34When person may provide higher education course or higher education award (1) A person may provide a higher education course if – (a) the person is a registered higher education provider, approved overseas higher education provider or self-accrediting higher education provider; and (b) the course is an accredited higher education course, or approved overseas higher education course, that the provider is authorised under this Act to provide. (2) A person may confer or issue a higher education award if – (a) the person conferring or issuing the award is a registered higher education provider, approved overseas higher education provider or self-accrediting higher education provider; and (b) the course for which the award is to be conferred or issued is an accredited higher education course, or approved overseas higher education course, which the provider is authorised under this Act to provide; and (c) the award is an approved qualification which the provider is authorised under this Act to confer or issue. 13Section 35 amended (Application for accreditation of course) Section 35 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1) A person who proposes to provide – (a) in Tasmania or elsewhere a local higher education course; or (b) in Tasmania an interstate higher education course or overseas higher education course – may apply to the Authority for accreditation of that course. (b) by omitting from subsection (2)(b) "fee." and substituting "fee; and"; (c) by inserting the following paragraphs after paragraph (b) in subsection (2) : (c) if the application relates to an interstate higher education course, accompanied by – (i) either evidence that the course is accredited, registered, licensed or otherwise approved under a corresponding law or the application for the course to be so accredited, registered, licensed or otherwise approved; and (ii) permission in writing for the person or authority that accredits, registers, licenses or otherwise approves higher education courses under that corresponding law to provide to the Authority details of that accreditation, registration, licence or other approval or of that application; and (d) if the application relates to an overseas higher education course, accompanied by – (i) if the course is provided in a country other than Australia, information on the provision of the course in that country and, if applicable, evidence that the course is accredited, registered, licensed or otherwise approved under a law of that country; and (ii) permission in writing for the person or authority that accredits, registers, licenses or otherwise approves higher education courses under the law of that country to provide to the Authority details of that accreditation, registration, licence or other approval. (d) by omitting from subsection (3) "information" and substituting "information, and permissions for the release of information,". 14Section 36 amended (Accreditation of higher education course) Section 36 of the Principal Act is amended as follows: (a) by inserting in subsection (2) "local" after "accredit a"; (b) by omitting from subsection (2) "may" and substituting "is to"; (c) by inserting the following subsections after subsection (2) : (2A) In determining whether to accredit an interstate higher education course or overseas higher education course, the Authority is to have regard to – (a) local issues that may impact on delivery of the course in Tasmania; and (b) any of the matters specified in subsection (2) ; and (c) any other relevant matter. (2B) The Authority may accredit an interstate higher education course without having regard to the matters specified in subsection (2) if satisfied that – (a) the course is accredited, registered, licensed or otherwise approved under a corresponding law; and (b) the course is to be delivered in Tasmania in substantially the same manner as in the jurisdiction where it is so accredited, registered, licensed or otherwise approved. (d) by inserting in subsection (3) "local higher education course or overseas" after "a"; (e) by inserting in subsection (3) "or issued" after "conferred"; (f) by inserting the following subsection after subsection (3) : (3A) On accrediting an interstate higher education course, the Authority is to determine that the qualification that may be conferred or issued in respect of the course under the relevant corresponding law is the higher education award that will be conferred on the successful completion of the course. 15Section 37 substituted Section 37 of the Principal Act is repealed and the following section is substituted: 37Term of accreditation of accredited higher education course (1) An accredited higher education course that is a local higher education course or overseas higher education course is accredited for the period, not exceeding 5 years, determined by the Authority. (2) An accredited higher education course that is an interstate higher education course is accredited for the period for which it is accredited, registered, licensed or otherwise approved under the relevant corresponding law. 16Section 41 repealed Section 41 of the Principal Act is repealed. 17Section 42 amended (Application for registration) Section 42 of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (b) in subsection (2) : (ba) if the applicant is registered, accredited, licensed or otherwise approved for the purposes of providing a higher education course under a corresponding law or has made an application for such registration, accreditation, licence or approval, accompanied by – (i) either evidence of that registration, accreditation, licence or other approval under the corresponding law or the application for such registration, accreditation, licence or approval; and (ii) permission in writing for the person or authority that registers, accredits, licenses or otherwise approves providers of higher education courses under that corresponding law to provide to the Authority details of that registration, accreditation, licence or other approval or of that application; and (b) by omitting from subsection (3) "information" and substituting "information, and permissions for the release of information,". 18Section 43 amended (Registration as registered higher education provider) Section 43 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) "for a period not exceeding 5 years"; (b) by omitting from subsection (2) "person, the Authority may" and substituting "person who is not registered, accredited, licensed or otherwise approved by a corresponding law in relation to the provision of a higher education course, the Authority is to"; (c) by inserting the following subsections after subsection (2) : (2A) In determining whether or not to register a person who is registered, accredited, licensed or otherwise approved by a corresponding law in relation to the provision of a higher education course, the Authority is to have regard to – (a) local issues that may impact on delivery by the person of a higher education course in Tasmania; and (b) any of the matters specified in subsection (2) ; and (c) any other relevant matter. (2B) The Authority may register a person who is registered, accredited, licensed or otherwise approved by a corresponding law in relation to the provision of higher education courses without having regard to the matters specified in subsection (2) if satisfied that – (a) the person is so registered, accredited, licensed or otherwise approved under a corresponding law; and (b) the person is to deliver the higher education courses in Tasmania, once they are accredited higher education courses, in substantially the same manner as in the jurisdiction where he, she or it is so registered, accredited, licensed or otherwise approved. (d) by inserting in subsection (3) "registering or" after "On". 19Section 45 amended (Registration certificate) Section 45(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (d) "registered." and substituting "registered; and"; (b) by inserting the following paragraph after paragraph (d) : (e) any other matter the Authority considers appropriate. 20Section 46 amended (Term of registration) Section 46 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "who, immediately before being registered, was not registered, accredited, licensed or otherwise approved under a corresponding law in relation to the provision of a higher education course" after "provider"; (b) by inserting the following subsection after subsection (1) : (1A) The registration of a registered higher education provider who, immediately before being registered, was registered, accredited, licensed or otherwise approved under a corresponding law in relation to the provision of a higher education course has effect for the period for which the provider is so registered, accredited, licensed or otherwise approved under the corresponding law. 21Section 51 amended (Direction to registered higher education provider) Section 51(1)(c) of the Principal Act is amended by omitting " section 43(2) ;" and substituting " section 43(2) and (2A) ;". 22Section 52 amended (Cancellation or suspension of registration) Section 52(1)(c) of the Principal Act is amended by omitting " section 43(2) ;" and substituting " section 43(2) , (2A) and (2B) ;". 23Sections 53 and 54 repealed Sections 53 and 54 of the Principal Act are repealed. 24Part 4, Divisions 4, 5 and 6 insertedAfter section 55 of the Principal Act , the following Divisions are inserted in Part 4: Division 4Approval of overseas higher education provider 55AApplication for approval (1) An overseas higher education institution that proposes to provide in Tasmania a higher education course may apply to the Authority for approval as an approved overseas higher education provider. (2) An application is to be – (a) in a form approved by the Authority; and (b) if the overseas higher education institution is accredited, registered, licensed or otherwise approved under a law of the country in which it was originally established, accompanied by – (i) evidence of that accreditation, registration, licence or other approval; and (ii) permission for the person or body responsible for that accreditation, registration, licence or other approval to provide information relating to the applicant to the Authority; and (c) if the applicant is authorised under a corresponding law that corresponds to this Division to provide in another State or a Territory a higher education course by reason of its registration, accreditation, licence or other approval under that corresponding law or has made an application for such registration, accreditation, licence or approval, accompanied by – (i) either evidence of that registration, accreditation, licence or other approval under the corresponding law or the application for such registration, accreditation, licence or approval; and (ii) permission in writing for the person or authority that registers, accredits, licenses or otherwise approves overseas higher education institutions under that corresponding law to provide to the Authority details of that registration, accreditation, licence or other approval or of that application; and (d) accompanied by any prescribed fee. (3) The Authority may require the applicant to provide any further information, and any further permissions for the release of information, it considers relevant to the application. 55BApproval as approved overseas higher education provider (1) On receipt of an application under section 55A , the Authority may – (a) approve the applicant as an approved overseas higher education provider; or (b) refuse to so approve the applicant. (2) In determining whether or not to approve an overseas higher education institution that is not registered, accredited, licensed or otherwise approved by a corresponding law in relation to the provision of a higher education course, the Authority is to have regard to – (a) any national standards relating to the approval of overseas higher education institutions; and (b) the international standing and standards of the person or body responsible for the accreditation, registration, licensing or other recognition of the institution in the country in which it was originally established; and (c) the standing and standards of the institution and the higher education courses it provides; and (d) the processes provided by the applicant in respect of quality assurance; and (e) the delivery and assessment methods used in respect of the higher education course to be provided by the applicant; and (f) the premises, equipment, materials, staff and resources proposed to be used in Tasmania in respect of the higher education course to be provided by the applicant; and (g) the manner in which the proposed course is to be provided in Tasmania and the local issues that may impact on delivery of the course; and (h) any other matter the Authority considers relevant. (3) In determining whether or not to approve an overseas higher education institution that is registered, accredited, licensed or otherwise approved by a corresponding law in relation to the provision of a higher education course, the Authority is to have regard to – (a) local issues that may impact on delivery by the institution of a higher education course in Tasmania; and (b) any of the matters specified in subsection (2) ; and (c) any other relevant matter. (4) The Authority may approve an overseas higher education institution that is registered, accredited, licensed or otherwise approved by a corresponding law in relation to the provision of a higher education course without having regard to the matters specified in subsection (2) if satisfied that – (a) the institution is so registered, accredited, licensed or otherwise approved under a corresponding law; and (b) the institution is to deliver that higher education course in Tasmania in substantially the same manner as in the jurisdiction where it is so registered, accredited, licensed or otherwise approved under a corresponding law. (5) On approving an overseas higher education institution, the Authority is to – (a) specify the title the institution may use in Tasmania having regard to the National Protocols for Higher Education Approval Processes; and (b) approve the higher education courses, not being accredited higher education courses, that the institution is authorised to provide to students in Tasmania; and (c) approve the qualifications that the institution is authorised to confer or issue for the successful completion of those approved overseas higher education courses. (6) On approving or refusing to approve an overseas higher education institution, the Authority is to notify the applicant, in writing, of that decision. 55CApproval subject to conditions (1) On approving an overseas higher education institution as an approved overseas higher education provider and at any other time, the Authority may – (a) impose conditions to which the approval as an approved overseas higher education provider is subject; and (b) amend any such conditions. (2) Without limiting the conditions that the Authority may impose, the Authority may impose conditions relating to – (a) the use of its title in Tasmania; and (b) the manner of and arrangements for the delivery of an approved overseas higher education course. (3) A condition imposed under this section, or the amendment under this section of such a condition, takes effect on the day on which the approved overseas higher education provider receives written notice of the condition, or amendment, or on a later day specified in that notice. 55DApproval certificate (1) On approving an overseas higher education institution as an approved overseas higher education provider, the Authority is to issue an approval certificate to that provider. (2) An approval certificate is to specify – (a) which approved overseas higher education courses and accredited higher education courses, or the classes of such higher education courses, the approved overseas higher education provider is authorised to provide; and (b) which approved overseas higher education qualification the approved overseas higher education provider is authorised to confer or issue in respect of those courses; and (c) any conditions imposed under section 55C ; and (d) the period for which the overseas higher education provider is approved; and (e) any other matter the Authority considers appropriate. (3) If the Authority under section 55C imposes conditions on the approval of an approved overseas higher education provider otherwise than on the grant of that approval, or amends any such conditions, the Authority is to amend the approval certificate or issue a replacement approval certificate. (4) Conditions to which the approval of an approved overseas higher education provider is subject may be specified in an approval certificate by – (a) specifying those conditions in or on the certificate; or (b) attaching those conditions to the certificate; or (c) providing to the approved overseas higher education provider a written notice containing those conditions. 55ETerm of approval (1) The approval of an approved overseas higher education provider that, immediately before being approved, was not registered, accredited, licensed or otherwise approved under a corresponding law in relation to the provision of a higher education course has effect for the period not exceeding 5 years specified in the approval certificate. (2) The approval of an approved overseas higher education provider that, immediately before being approved, was registered, accredited, licensed or otherwise approved under a corresponding law in relation to the provision of a higher education course has effect for the period for which the provider is so registered, accredited, licensed or otherwise approved under the corresponding law unless sooner cancelled. (3) Approval of an overseas higher education institution as an approved overseas higher education provider takes effect on the day the approval certificate is issued or on a later day specified in that certificate. 55FApproval fee An approved overseas higher education provider must pay any prescribed approval fee. 55GAmendment of approval (1) The Authority may amend the approval of an approved overseas higher education provider on the request of the approved overseas higher education provider or at its own discretion. (2) If the Authority amends a registration under subsection (1) , the Authority is to – (a) notify the approved overseas higher education provider, in writing, of that amendment; and (b) either endorse that amendment on the approval certificate or provide the approved overseas higher education provider with a replacement approval certificate. (3) The amendment of the approval of an approved overseas higher education provider takes effect on the day specified in the notice provided to that provider under subsection (2)(a) . 55HRenewal of approval (1) An approved overseas higher education provider may apply for the renewal of the approval not less than 6 calendar months before the approval ceases to have effect. (2) This Division applies in respect of an application for renewal of approval as an approved overseas higher education provider, and that renewal, as if the application were an application for a first approval as an approved overseas higher education provider. (3) An approved overseas higher education provider must comply with the written requirement of the Authority that the approval certificate be surrendered to the Authority for the purpose of amending it, or replacing it, as the Authority determines appropriate on the renewal of the approval. 55IApproval not transferable The approval of an overseas higher education institution as an approved overseas higher education provider may not be transferred to any other person. 55JDirection to approved overseas higher education provider (1) The Authority may direct an approved overseas higher education provider to take any action the Authority considers appropriate or refrain from doing any act if the Authority is of the opinion that – (a) the approved overseas higher education provider has contravened this Act; or (b) the approved overseas higher education provider has contravened a condition to which the approval is subject; or (c) it is appropriate to give the direction having taken into account the matters specified in section 55B(2) and (3) ; or (d) the standards relating to the provision and assessment of an accredited higher education course or an approved overseas higher education course by the approved overseas higher education provider fail to meet any relevant standards or the standards proposed by that provider in its application for accreditation of the course or approval of the course as an approved overseas higher education course. (2) A direction is to be in writing provided to the approved overseas higher education provider. (3) An approved overseas higher education provider must comply with a direction provided under this section. 55KCancellation of approval of higher education course (1) The Authority may, at any time in writing, cancel the approval of a higher education course that the approved overseas higher education provider is authorised to provide in Tasmania if the Authority is satisfied that it is no longer appropriate for the course to be so approved. (2) A cancellation takes effect on the day specified in it. 55LCancellation or suspension of approval of approved overseas higher education provider (1) The Authority may cancel or suspend the approval of an approved overseas higher education provider if, after allowing the provider an opportunity to make submissions in respect of the matter, the Authority is satisfied that – (a) the provider has contravened this Act; or (b) the provider has contravened a condition to which the approval is subject; or (c) it is appropriate to so cancel or suspend the approval having taken into account the matters specified in section 55B(2) , (3) and (4) ; or (d) the provider has not complied with a direction under section 55J within the time specified in the direction. (2) The Authority is to cancel the approval of an approved overseas higher education provider if the provider has surrendered the approval certificate and requested that the approval be cancelled. 55MConferral or issue of approved qualification If a person successfully completes an accredited higher education course or an approved overseas higher education course provided by an approved overseas higher education provider, that provider, by written statement or otherwise, must recognise that completion by the conferral or issue of the approved qualification or approved overseas higher education qualification for that course. Division 5Self-accrediting higher education providers 55NApplication to be self-accrediting higher education provider (1) A person that provides, or proposes to provide, in Tasmania a higher education course may apply to the Authority for the grant of the status of self-accrediting higher education provider. (2) An application is to be – (a) in a form approved by the Authority; and (b) accompanied by any prescribed fee. (3) The Authority may require the applicant to provide any further information, and any permissions for the release of information, it considers relevant to the application. 55OGrant of status of self-accrediting higher education provider (1) On receipt of an application under section 55N , the Authority may – (a) grant to the applicant the status of self-accrediting higher education provider; or (b) refuse to so grant the status of self-accrediting higher education provider. (2) The grant of the status of self-accrediting higher education provider may relate to any field of study at any qualification level offered or to be offered by the applicant, or to a particular field of study or a particular qualification level, or both, as specified by the Authority. (3) In determining whether or not to grant the status of self-accrediting higher education provider to an applicant, the Authority is to have regard to – (a) any national standards relating to the processes for awarding self-accrediting status to providers of higher education courses that are not universities; and (b) the effectiveness and level of governance, decision-making processes, teaching, learning, scholarship and, if relevant, research; and (c) the compliance with, or ability to comply with, the National Protocols for Higher Education Approval Processes; and (d) the structures and processes proposed to be used by the applicant in setting standards for the qualifications to be conferred or issued that are equivalent to qualifications under the Australian Qualifications Framework or, if relevant, internationally recognised qualifications; and (e) how long the applicant has been providing higher education courses; and (f) the premises, equipment, materials, staff and resources proposed to be used in Tasmania in respect of the higher education courses to be provided by the applicant; and (g) any other matter the Authority considers relevant. (4) The Authority may refuse, but is not obliged to refuse, to grant to an applicant the status of self-accrediting higher education provider if the applicant has less than 10 years experience in providing higher education courses. (5) The Authority may only grant to an applicant the status of self-accrediting higher education provider if satisfied that the applicant meets, or will meet on being granted that status, the standards required of a self-accrediting higher education institution under the National Protocols for Higher Education Approval Processes. (6) On granting or refusing to grant to the applicant the status of self-accrediting higher education provider, the Authority is to notify the applicant, in writing, of that decision. 55PGrant of status subject to conditions (1) On granting to a person the status of self-accrediting higher education provider and at any other time, the Authority may – (a) impose conditions to which the grant is subject; and (b) amend any such conditions. (2) A condition imposed under this section, or the amendment under this section of such a condition, takes effect on the day on which the self-accrediting higher education provider receives written notice of the condition, or amendment, or on a later day specified in that notice. 55QCertificate of self-accrediting status (1) On granting to a person the status of self-accrediting higher education provider, the Authority is to issue a certificate of self-accrediting status to the person. (2) A certificate of self-accrediting status is to specify – (a) whether the status of self-accrediting higher education provider applies to any field of study at any qualification level offered or to be offered by the applicant, or to a particular field of study or a particular qualification level, or both; and (b) if the status of self-accrediting higher education provider applies only to a particular field of study or a particular qualification level, or both, the fields of study and qualifications levels to which it applies; and (c) any conditions imposed under section 55P ; and (d) the period for which the status of self-accrediting higher education provider is granted; and (e) any other matter the Authority considers appropriate. (3) If the Authority under section 55P imposes conditions on the grant of the status of self-accrediting higher education provider otherwise than on the grant of that status, or amends any such conditions or the grant of status, the Authority is to amend the certificate of self-accrediting status or issue a replacement certificate of self-accrediting status. (4) Conditions to which the grant of the status of self-accrediting higher education provider is subject may be specified in a certificate of self-accrediting status by – (a) specifying those conditions in or on the certificate; or (b) attaching those conditions to the certificate; or (c) providing to the self-accrediting higher education provider a written notice containing those conditions. 55RTerm of grant of status (1) The grant of the status of self-accrediting higher education provider has effect for the period not exceeding 5 years specified in the certificate of self-accrediting status. (2) The grant of the status of self-accrediting higher education provider takes effect on the day the certificate of self-accrediting status is issued or on a later day specified in that certificate. 55SSelf-accreditation fee A self-accrediting higher education provider must pay any prescribed self-accreditation fee. 55TAmendment of grant of status (1) The Authority may amend the grant of the status of a self-accrediting higher education provider on the request of the self-accrediting higher education provider or at its own discretion. (2) Without limiting the amendments that may be made to the grant of the status of a self-accrediting higher education provider, the grant may be amended to expand, or limit or further limit, the fields of study or qualification levels to which that status applies. (3) If the Authority amends a grant of the status of self-accrediting higher education provider under subsection (1) , the Authority is to – (a) notify the self-accrediting higher education provider, in writing, of that amendment; and (b) either endorse that amendment on the certificate of self-accrediting status or provide the self-accrediting higher education provider with a replacement certificate of self-accrediting status. (4) The amendment of the grant of the status of self-accrediting higher education provider takes effect on the day specified in the notice provided to that provider under subsection (3)(a) . 55URenewal of grant of status (1) A self-accrediting higher education provider may apply for the renewal of the grant of the status of self-accrediting higher education provider not less than 6 calendar months before the grant ceases to have effect. (2) This Division applies in respect of an application for renewal of the grant of the status of self-accrediting higher education provider, and that renewal, as if the application were an application for a first grant of that status. (3) A self-accrediting higher education provider must comply with the written requirement of the Authority that the certificate of self-accrediting status be surrendered to the Authority for the purpose of amending it, or replacing it, as the Authority determines appropriate on the renewal of the grant of status. 55VGrant of status not transferable The grant of the status of self-accrediting higher education provider may not be transferred to any other person. 55WDirection to self-accrediting higher education provider (1) The Authority may direct a self-accrediting higher education provider to take any action the Authority considers appropriate or refrain from doing any act if the Authority is of the opinion that – (a) the self-accrediting higher education provider has contravened this Act; or (b) the self-accrediting higher education provider has contravened a condition to which the grant of status is subject; or (c) it is appropriate to give the direction having taken into account the matters specified in section 55O(3) ; or (d) the self-accrediting higher education provider fails to meet the standards for a self-accrediting higher education institution set out in the National Protocols for Higher Education Approval Processes. (2) A direction is to be in writing provided to the self-accrediting higher education provider. (3) A self-accrediting higher education provider must comply with a direction provided under this section. 55XCancellation or suspension of grant of status (1) The Authority may cancel or suspend the grant of status of self-accrediting higher education provider if, after allowing the self-accrediting higher education provider an opportunity to make submissions in respect of the matter, the Authority is satisfied that – (a) the provider has contravened this Act; or (b) the provider has contravened a condition to which the grant of status is subject; or (c) it is appropriate to so cancel or suspend the grant of status having taken into account the matters specified in section 55O(3) and (5) ; or (d) the provider fails to meet the standards for a self-accrediting higher education institution set out in the National Protocols for Higher Education Approval Processes; or (e) the provider has not complied with a direction under section 55W within the time specified in the direction. (2) The Authority is to cancel the grant of the status of self-accrediting higher education provider if the provider has surrendered the certificate of self-accrediting status and requested that the grant of status be cancelled. 55YConferral or issue of qualification If a person successfully completes a higher education course accredited and provided by a self-accrediting higher education provider, that provider, by written statement or otherwise, must recognise that completion by the conferral or issue of the approved qualification for that course. 55ZStandards for provision and assessment of higher education courses A self-accrediting higher education provider is to – (a) set or adopt standards for the provision and assessment of the higher education courses he, she or it provides; and (b) determine the qualifications that are to be conferred or issued on the successful completion of such courses. Division 6Offences 55ZAOffences relating to provision of higher education course A person must not provide a higher education course in Tasmania unless – (a) that course is an accredited higher education course or approved overseas higher education course; and (b) that person is – (i) a registered higher education provider authorised under this Act to provide that course; or (ii) an approved overseas higher education provider authorised under this Act to provide that course; or (iii) a self-accrediting higher education provider.