EXPLANATORY STATEMENT
Issued by the authority of the Minister for Education
Subject: Higher Education Support Act 2003
Higher Education in External Territories Guidelines 2008
Authority
Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make guidelines for the purposes of the Act. In particular, Item 6A of the table in subsection 238-10(1) specifies that the Minister may make Higher Education in External Territories (HEET) Guidelines (Guidelines) to give effect to matters set out in Chapter 6 of the Act.
Background
Part 6 of the Act provides for approval of existing higher education institutions or proposed institutions to be approved as various kinds of higher education entities and the accreditation of higher education courses of study, in each case in relation to an Australian external territory. This part of the Act also provides that persons who do not have approval or accreditation under this part of the Act may be guilty of an offence if they operate as a university or other higher education provider, offer higher education awards or describe themselves as universities.
In October 2007, the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA) agreed to revised National Protocols for Higher Education Approval Processes (National Protocols) after extensive consultation with stakeholders.
The National Protocols are available at: http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html .
MCEETYA tasked the Joint Committee on Higher Education (JCHE) with developing National Guidelines to set out necessary matters of detail for implementation and to increase the consistency of approval processes for higher education institutions and courses across jurisdictions. The National Guidelines were developed with comment and input from a wide range of higher education stakeholders.
The National Guidelines have been agreed to by the relevant ministers in all jurisdictions. The National Guidelines are available at:
http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html.
The HEET Guidelines incorporate the National Protocols and the National Guidelines by reference and must be read in conjunction with those documents as they are in force at the time the HEET Guidelines are made by the Minister.
Consultation
Following on from the extensive consultation on the National Protocols and the National Guidelines, the HEET Guidelines were also distributed for comments from the higher education sector in January 2008. They were distributed to the following peak bodies: the Australian Council for Private Education and Training (ACPET), the Council of Private Higher Education (COPHE) and Universities Australia (UA). ACPET and COPHE suggested minor amendments regarding inclusion of fees for non self-accrediting higher education entities and appeal processes: these suggestions have been incorporated. UA agreed to the draft guidelines being made and registered in the form in which they were circulated.
Commencement
These Guidelines commence the day after the day they are registered on the Federal Register of Legislative Instruments.
Overview of the Higher Education in the External Territories Guidelines
Chapter 1 provides an introduction to and outline of the guidelines broadly similar to this document.
Chapter 2 provides potential Applicants with information about obtaining an application form, CRICOS approval, fees and charges, and limitations on marketing, advertising and public statements during the approval process, and review and appeals processes.
Chapter 3 sets out information about applications for approval as a non self-accrediting higher education entity in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.
Chapter 4 sets out information about applications for the accreditation of a course of study leading to a higher education award in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.
Chapter 5 sets out information about applications for approval as a self-accrediting higher education entity other than a university in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.
Chapter 6 sets out information about applications for approval as a university in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.
Chapter 7 sets out information about approval of an application to operate as an overseas higher education entity in relation to an Australian external Territory and specifies matters to which the Minister will have regard in making decisions.
Chapter 8 sets out the circumstances in which the Minister may seek further information relating to an application for approval as a higher education entity or for accreditation of a course of study in relation to an Australian external Territory.
Chapter 9 identifies the circumstances in which a person that operates or purports to operate in an external Territory as a university or other provider of courses of study leading to higher education awards commits an offence under the Act and the Criminal Code (Cwth).
Appendix 1 provides definitions and a glossary of terms for interpretation of the Guidelines