Higher Education in External Territories Guidelines 2008

Administered by Department of Education

Legislation au F2008L02047 Not in force Legislative Instrument

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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

 

Overview

The Higher Education in External Territories Guidelines 2008 (HEET Guidelines) were introduced to provide detailed instructions for the implementation of the Higher Education Support Act 2003 (the Act), particularly in relation to the approval of higher education institutions and the accreditation of courses in Australian external territories. Enacted under Section 238-10 of the Act, these guidelines aim to streamline and standardise the approval processes for higher education entities operating in external territories, ensuring consistency and compliance with national protocols. The guidelines were developed following extensive consultations with stakeholders and incorporate the National Protocols for Higher Education Approval Processes and the National Guidelines, agreed upon by relevant ministers across jurisdictions. These guidelines serve to offer clarity and procedural guidance to applicants seeking approval or accreditation, ensuring they understand the requirements and processes involved in meeting the standards set by the Act. The HEET Guidelines were also subject to further consultation within the higher education sector, with minor amendments made in response to feedback from the Australian Council for Private Education and Training and the Council of Private Higher Education, while Universities Australia supported the guidelines in their circulated form. These guidelines commenced on the day following their registration on the Federal Register of Legislative Instruments, providing a comprehensive framework that must be read in conjunction with the referenced national protocols and guidelines.

Scope and Application

The Higher Education in External Territories Guidelines 2008, issued under the Higher Education Support Act 2003, establish the framework for approving and accrediting higher education institutions and courses of study in Australian external territories. These guidelines apply to entities and individuals seeking approval or accreditation to operate as universities or other higher education providers within these territories. They specify the necessary processes, including application procedures, fees, and limitations on marketing during the approval phase, as well as review and appeal mechanisms. The geographic reach of these guidelines is limited to Australian external territories, and they must be read in conjunction with the National Protocols for Higher Education Approval Processes and the National Guidelines, which were developed through extensive consultation with stakeholders and agreed upon by relevant ministers in all jurisdictions. The guidelines also reference the Criminal Code (Cwth) to outline the offences associated with operating without proper approval or accreditation. Subordinate instruments may extend or restrict the application of these guidelines as needed.

Key Provisions

The Higher Education in External Territories Guidelines 2008 (HEET Guidelines) provide detailed instructions for the approval of higher education institutions and courses in Australian external territories, in accordance with the Higher Education Support Act 2003 (section 238-10). These guidelines were formulated to ensure consistency and alignment with the National Protocols for Higher Education Approval Processes, developed by the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA), and the National Guidelines developed by the Joint Committee on Higher Education (JCHE). The HEET Guidelines reference these documents and must be interpreted in conjunction with them. Entities seeking approval to operate as higher education providers in Australian external territories must adhere to the processes and criteria outlined in the HEET Guidelines. This includes submitting detailed applications for approval as a non self-accrediting higher education entity, a self-accrediting higher education entity, a university, or an overseas higher education entity (Chapters 3 to 7). These applications must include specific information about the entity’s governance, financial stability, educational offerings, and other relevant factors. The Minister will consider these submissions alongside the criteria set out in the National Protocols and National Guidelines. Breaches of the requirements under the HEET Guidelines can lead to significant legal consequences. For instance, operating as a university or higher education provider without the necessary approval or accreditation can result in criminal offences under both the Higher Education Support Act 2003 and the Criminal Code (Cwth) (Chapter 9). These offences can carry substantial penalties, including fines and imprisonment, underscoring the importance of compliance with the guidelines. The HEET Guidelines also outline the appeal process for decisions made by the Minister regarding approval and accreditation applications. Entities dissatisfied with a decision can seek a review by the Administrative Appeals Tribunal, providing an avenue for redress if they believe their application was unfairly rejected or inadequately considered. In summary, the HEET Guidelines establish a comprehensive framework for the approval and accreditation of higher education providers and courses in Australian external territories, ensuring that all entities comply with stringent regulatory standards to maintain educational quality and integrity.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.