Commonwealth of Australia
Higher Education Support
Act 2003
HIGHER EDUCATION IN
EXTERNAL TERRITORIES GUIDELINES
Making of Guidelines pursuant to section 238-10
of the Higher Education Support Act 2003
I, JULIE BISHOP, Minister for Education, Science
and Training, pursuant to section 238-10 of the Higher Education
Support Act 2003 ("the Act"), make the attached Guidelines for
the purposes of Part 6.1 and 6.2 of the Act.
Dated this...............21st...................................day
of..........March...........................2007.
(signed)
_________________________________________
JULIE BISHOP
Minister for Education, Science and Training
(i)
CITATION
These Guidelines may be cited as the Higher
Education in External Territories Guidelines.
(ii)
AUTHORITY
These Guidelines are made under
subsection 238-10(1) of the Higher Education Support Act 2003 (the Act)
for the purposes of Part 6.1 and 6.2 of the Act
(iii) DATE OF EFFECT
These Guidelines shall come into effect
on the day after the day on which they are registered on the Federal Register
of Legislative Instruments.
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
HIGHER EDUCATION IN EXTERNAL TERRITORIES GUIDELINES
TABLE
OF CONTENTS-
CHAPTER 1 INTRODUCTION 3
CHAPTER
2 INFORMATION WHICH MUST BE PROVIDED IN AN APPLICATION
TO THE MINISTER FOR APPROVAL AS A SELF-ACCREDITING ENTITY 5
CHAPTER
3 INFORMATION WHICH MUST BE PROVIDED BY AN OVERSEAS
INSTITUTION IN AN APPLICATION TO THE MINISTER FOR APPROVAL AS A
SELF-ACCREDITING ENTITY 7
CHAPTER
4 INFORMATION WHICH MUST BE PROVIDED IN AN APPLICATION
TO THE MINISTER FOR ACCREDITATION OF A COURSE 9
CHAPTER
5 APPROVAL OF AN APPLICANT AS A SELF-ACCREDITING ENTITY 11
CHAPTER
6 APPROVAL OF AN APPLICANT AS AN OVERSEAS
SELF-ACCREDITING INSTITUTION 14
CHAPTER
7 ACCREDITATION OF A COURSE OF STUDY 17
CHAPTER
8 ACCREDITATION OF A COURSE OF STUDY – MUTUAL
RECOGNITION PROCESS 19
CHAPTER
9 APPROVAL OF AN AUSTRALIAN UNIVERSITY TO OPERATE UNDER
AN AGENCY AGREEMENT 21
CHAPTER
10 REQUESTS FOR FURTHER INFORMATION AND DEADLINES FOR ITS
SUBMISSION 23
CHAPTER
11 FEES PAYABLE FOR APPROVAL PROCESSES 24
CHAPTER
12 OFFENCES 25
CHAPTER 13 PRIVACY AND FREEDOM OF INFORMATION 26
CHAPTER 14 CRIMINAL CODE 27
1.1 Purpose
1.1.1 Chapter
2 of these Guidelines sets out the information which must accompany an
application to the Minister by an Australian body corporate for approval
as a self-accrediting entity in relation to an Australian external Territory,
for the purposes of paragraph 225-1(2)(b) of the Act.
1.1.5 Chapter
3 of these Guidelines sets out the information relating to National Protocol
2 which must accompany an application to the Minister by an overseas higher
education institution for approval as a self-accrediting entity in relation to
an Australian external Territory for the purposes of paragraph 225-1(2)(b) of
the Act.
1.1.10 Chapter
4 of these Guidelines sets out the information which must accompany an
application to the Minister by a person for accreditation of a course of study
in relation to an Australian external Territory, for the purposes of paragraph
225-1(2)(b) of the Act.
1.1.15 Chapter
5 of these Guidelines specifies matters relating to National Protocol 1,
and other matters, to which the Minister will have regard in deciding whether
or not to approve an Australian body corporate as a self-accrediting
entity and in relation to amending or revoking a person’s approval as a
self-accrediting entity in relation to an Australian external Territory, for
the purposes of paragraphs 225-5(b) and 225-20(1)(b) of the Act.
1.1.20 Chapter
6 of these Guidelines specifies matters relating to National Protocol 2,
and other matters, to which the Minister will have regard in deciding whether
or not to approve an overseas higher education institution as a
self-accrediting entity and in
relation to amending or revoking an overseas higher education institution’s
approval as a self-accrediting entity in relation to an Australian external
Territory, for the purposes paragraphs 225-5(b) and 225-20(1)(b) of the Act
1.1.25 Chapter
7 of these Guidelines specifies matters relating to National Protocol 3,
and other matters, to which the Minister will have regard in deciding whether
or not to accredit a course of study in relation to an Australian external
Territory and in relation to amending or revoking an accreditation, for the
purposes of paragraph 225-10(b) of the Act.
1.1.30 Chapter
8 of these Guidelines specifies the information which the Minister will
require, and the matters to which the Minister will have regard, in deciding
whether or not to accredit a course of study in relation to an Australian
external Territory, where the course of study is already accredited in an
Australian State, the Northern Territory or the Australian Capital Territory, and
in relation to amending or revoking such an accreditation for the purposes of
paragraphs 225-1(2)(b) and 225-10(b) of the Act.
1.1.35 Chapter
9 of these Guidelines specifies the information which the Minister will
require, and the matters to which the Minister will have regard, in deciding
whether or not to approve the operation of an Australian university through
another organisation in relation to an Australian external Territory, for the
purposes of Protocol 4 of the National Protocols.
1.1.40 Chapter
10 of these Guidelines sets out the circumstances in which the Minister
may seek further information relating to an application for approval as a
self-accrediting entity, or for accreditation of a course of study, in relation
to an Australian external Territory, for the purposes of subsection 225-1(3) of
the Act.
1.1.45 Chapter
11 of these Guidelines sets out fees to be paid in respect of
applications under section 225-1 of the Act for approval as a
self-accrediting entity, or for accreditation of a course of study, in relation
to an Australian external Territory, for the purposes of section 225-25 of the Act.
1.1.50 Chapter
12 of these Guidelines states that Division 228 of the Act
creates offences and sets out penalties where persons without accreditation
operate as a university or other higher education provider in respect of an
Australian external Territory.
1.1.55
Chapter 13 of these Guidelines sets out the privacy
requirements by which the Department is bound in administering the Act
and these Guidelines.
1.1.60 Chapter 14 of these Guidelines states that in
respect of information of any kind submitted to the Department or the Minister
pursuant to the requirements of the Act and these Guidelines, the
Criminal Code (Cwth) provides that giving false or misleading
information is a serious offence.
INTERPRETATION
1.5.1 Unless the contrary intention appears, the terms used in
these Guidelines have the same meaning as in the Higher Education
Support Act 2003.
1.5.5 Terms
in these Guidelines that are in italics have the meanings given
in paragraph 1.5.10 of these Guidelines.
1.5.10 In these Guidelines, unless the contrary intention
appears:
Act
means the Higher Education Support Act 2003.
Applicant means a person,
other than a natural person, that applies under section 225-1 of the Act
to the Minister either for approval as a self-accrediting entity or to offer a
course of study in an Australian external Territory.
Australian body corporate
means a person, other than a natural person, that is incorporated by or under a
law of the Commonwealth, a State, the Australian Capital Territory or the Northern
Territory.
Fit and proper person means
a person who may be appropriately entrusted with the responsibility for
establishing and operating a self-accrediting higher education institution or
for offering an accredited higher education course under the Act.
Guidelines means
these Higher Education in External Territories Guidelines.
Mutual recognition means
an accreditation process conducted as set out in the ‘National Protocol for
the accreditation by mutual recognition of higher education courses offered by
non self-accrediting providers’ endorsed by the Ministerial Council for
Employment, Education, Training and Youth Affairs (MCEETYA) in October 2005.
National
Protocols means the National Protocols for Higher Education Approval
Processes (first endorsed by MCEETYA on 31 March 2000) as in force from time to
time.
Principal member means the
owner, director, president, principal, chief executive officer, or other senior
officer of the Applicant authorised to make binding decisions on its
behalf.
CHAPTER 2 INFORMATION WHICH MUST BE PROVIDED IN AN APPLICATION TO
THE MINISTER FOR APPROVAL AS A SELF-ACCREDITING ENTITY
2.1 Purpose
2.1.1 The
purpose of this chapter is to set out the information which must accompany an
application to the Minister by an Australian body corporate for approval
as a self-accrediting entity in relation to an Australian external Territory,
for the purposes of paragraph 225-1(2)(b) of the Act.
2.1.5 For
the purposes of this chapter, a university or other self-accrediting institution
that seeks to operate in an Australian external Territory by entering into an
arrangement with another organisation must comply with the requirements set out
in Chapter 9 of these Guidelines.
2.5 Submitting
an application
2.5.1 In
order to make an application to the Minister for approval as a self-accrediting
entity in relation to an Australian external Territory (see paragraph 225-1(1)(c)
of the Act), an Applicant must make an application through the
Department. The application must be complete and in the form approved by the
Minister.
2.10 Evidence
relating to institutional requirements
2.10.1 An
Applicant under this Chapter must include documentation in its
application which provides the following information concerning the proposed
self-accrediting entity:
1. the
statement of mission, or purpose and objectives of the Applicant;
2. the
legal status of the Applicant in Australia (for example a company,
incorporated association or statutory body);
3. the
constitution, size and structure of the Applicant’s governing body;
4. the
organisational structures, procedures and policies of the Applicant,
detailing the following:
a) staff
and student policies and procedures;
b) staff
development policy and procedures;
c) a
diagram of the (proposed) institutional structure for maintaining academic
quality;
d) the
body which undertakes academic oversight of the courses offered by the Applicant
(such as an academic board); academic and non-academic grievance procedures;
e) student
application and selection procedures;
f)
policies and procedures on the recognition of prior learning and credit
transfer; and
g) policy
in relation to all fees charged to students and intending students, and refund
policy;
5. scholarship
and research undertaken by the Applicant institution (where the
institution exists at the time of application), or planned, already undertaken,
or in progress, by the academic staff members of an institution to be
established by the Applicant;
6.
sufficient evidence to allow a full assessment of the present and future
financial viability of the Applicant for at least five years;
7. the
Strategic Plan of the Applicant;
8. quality
assurance processes sufficient to ensure the integrity of the Applicant’s
courses, including willingness to undergo quality audit;
9. examples
of a range of courses which the Applicant proposes to offer, leading to
a variety of awards. Unit outlines should be included;
10. arrangements for the
provision of student support services;
11. staffing arrangements,
including staff development;
12. library and information
resources;
13. physical resources and
infrastructure, including land, buildings, teaching, research and recreational
facilities, and resources relating to information and communications
technology;
14. arrangements to make
information available to staff and students.
2.15 Information relating to contingency planning
2.15.1 The Applicant
must provide information about contingency planning, including arrangements
that have been put in place under, or equivalent to, the tuition assurance
requirements as defined in the Act and the Higher Education Provider
Guidelines.
2.20 Fit
and proper person requirement
2.20.1 The Applicant
must include as part of the application a declaration signed by the principal
members of the Applicant attesting that they are fit and proper
persons to be entrusted with responsibility for establishing and operating
a self-accrediting entity. An application form (which includes the Fit and
Proper Person Declaration) can be obtained by writing to:
Private
Providers Unit (Location 136)
Quality Branch,
Higher
Education Group,
Department of
Education, Science and Training,
GPO Box 9880 Canberra
City ACT 2601
3.1 Purpose
3.1.1 The
purpose of this chapter is to set out the information relating to National
Protocol 2 which must accompany an application to the Minister by an
overseas higher education institution for approval as a self-accrediting entity
in relation to an Australian external Territory for the purposes of Protocol 2
of the National Protocols, together with subsection 225-1(2)(b) of the Act.
3.1.5 For
the purposes of this chapter, a university or other self-accrediting
institution that seeks to operate in an Australian external Territory by
entering into an arrangement with another organisation must comply with the
requirements set out in Chapter 9 of these Guidelines.
3.5 Submitting an application
3.5.1 In
order to make an application to the Minister for approval as a self-accrediting
entity in relation to an Australian external Territory, a body corporate must
make an application through the Department. The application must be complete
and in the form approved by the Minister.
3.10 Evidence relating to comparability with an
Australian self-accrediting institution
3.10.1 An Applicant
under this Chapter must include documentation in its application providing
information concerning the comparability of the proposed self-accrediting
entity to an Australian self-accrediting entity which details the following:
1.
the legal status of the
Applicant in its country of origin;
2.
the accreditation status of the
Applicant’s courses;
3.
the delivery arrangements for
the courses it proposes to offer, including arrangements for academic oversight
and quality assurance;
4.
the nominated authority that
will make the awards to which the Applicant’s courses will lead;
5.
sufficient evidence to allow a
full assessment of the present and future financial viability of the proposed
institution for at least five years;
6.
examples of a range of courses
which the Applicant proposes to offer, leading to various awards;
7.
arrangements to make information
available to staff and students;
8.
avenues for review of
decision-making;
9.
academic and non-academic
grievance policies;
10. student support services; including academic
support, learning resources and other support services.
3.15 Evidence relating to delivery arrangements
3.15.1 The
Applicant must include documentation in its application providing
information about the proposed delivery arrangements in the Australian external
Territory and detailing the following:
1.
the premises in which the Applicant
is to operate in the external territory, including the facilities and resources
for operation;
2.
the mode in which teaching will
be conducted (conventional, distance, virtual or a combination of these modes)
including the extent to which it will be conducted in the external territory;
3.
proposed staffing arrangements,
including whether the Applicant intends to provide staff from its home
location for face-to-face teaching or to engage local staff, or some other
arrangement;
4.
the arrangements the Applicant
proposes for monitoring the operation of its course(s) and for maintaining
academic oversight at a distance;
5.
how the course(s) will be
assessed and whether this will take place overseas or in the external
territory.
3.20 Information relating to the use of local
agents
3.20.1 The
Applicant must include documentation in its application providing information
about the arrangements between the overseas entity and any local agent for
delivery of its course(s), which details the following:
1. the arrangements between the Applicant and
any local agent, including any contract, Memorandum of Understanding or other
agreement which sets out the responsibilities of each party for academic
oversight and quality assurance of the course(s) offered, the receipt of
student fees, and the relevant financial and licensing arrangements;
2. the legal status and principal business activity of
any local agent;
3. the business environment and operations of the local
agent or entity, including financial performance and business operations.
3.25 Information relating to contingency planning
3.25.1 The Applicant
must provide information about contingency planning, including arrangements
that have been put in place under, or equivalent to, the tuition assurance
requirements as defined in the Act and the Higher Education Provider
Guidelines.
3.30 Fit
and proper person requirement
3.30.1 The Applicant
must include as part of the application a declaration signed by the principal
members of the body corporate attesting that they are fit and proper persons
to be entrusted with responsibility for establishing and operating a
self-accrediting entity. An application form (which includes the Fit and
Proper Person Declaration) can be obtained by writing to:
Private
Providers Unit (Location 136)
Quality Branch,
Higher
Education Group,
Department of
Education Science and Training,
GPO Box 9880 Canberra
City ACT 2601
4.1 Purpose
4.1.1 The
purpose of this chapter is to set out the information which must accompany an
application to the Minister by a person for accreditation of a course of study
in relation to an Australian external Territory, for the purposes of section
225-1(2)(b) of the Act.
4.5 Submitting an application
4.5.1 In order to make an application to
the Minister for approval of a higher education course in relation to an
Australian external Territory (see paragraph 225-1(1)(d) of the Act), an
Applicant must submit an application to the Minister through the
Department. The application must be complete and in the form approved by the
Minister.
4.10 Evidence
relating to institutional requirements
4.10.1 An
Applicant under this Chapter must include documentation in its
application providing the following information relating to institutional
requirements:
1. the Applicant’s
purpose and objectives;
2. the Applicant’s
strategic plan;
3. staff and
student policies and procedures;
4. staff
development policy and procedures, including budget allocation;
5. sufficient
evidence relating to the Applicant’s financial viability to allow a full
assessment;
6. the
constitution, size and structure of the Applicant’s governing body;
7. a diagram
of the (proposed) institutional structure for maintaining academic quality;
8. arrangements
for oversight of the proposed course, including student progress and assessment
and approval of course design, delivery, monitoring and review;
9. quality
assurance arrangements for the proposed course;
10. academic and non-academic
grievance procedures;
11. student application and selection
procedures;
12. policies and procedures on the
recognition of prior learning and credit transfer;
13. fees policy for students and
intending students, including refund policy;
14. student support services;
15. staffing structure and the actual
or planned staffing profile for the proposed course;
16. library and information resources
to support the proposed course;
17. the physical and consumable
resources to support the proposed course;
18. arrangements to make information
available to staff and students.
4.15
Evidence relating to course requirements
4.15.1 An
Applicant must include in such an application documentation which
provides the following information relating to the proposed course:
1. the
proposed level and duration;
2. the
proposed title of the award to which it would lead;
3. the
authority which will make the award;
4. funding
and anticipated enrolments;
5. overall
rationale;
6. objectives,
including graduate attributes and destinations;
7. workload;
8. the match
between skills to be taught and skills required for professional practice (if
appropriate);
9. admission
requirements;
10. course structure and content and
unit outlines;
11. mode or modes of study;
12. assessment methods, monitoring and
benchmarking;
13. articulation arrangements,
relationships with professional bodies.
4.15.5 The
application documentation relating to the proposed course should map the course
design and content against the learning outcomes for the qualification to which
it leads, as set out in the AQF Implementation Handbook.
4.20 Information relating to contingency planning
4.20.1 The
Applicant must provide information about contingency planning, including
arrangements that have been put in place under, or equivalent to, the tuition
assurance requirements as defined in the Act and the Higher Education
Provider Guidelines.
4.25
Fit and proper person requirement
4.25.1 An
Applicant must include as part of the application a declaration signed by the
principal members of the body corporate attesting that they are fit and
proper persons to be entrusted with the responsibility for the proposed
course. An application form (which includes the Fit and Proper Person
Declaration) can be obtained by writing to:
Private
Providers Unit (Location 136)
Quality Branch,
Higher
Education Group,
Department of
Education Science and Training,
GPO Box 9880 Canberra
City ACT 2601
5.1 Purpose
5.1.1 The
purpose of this chapter is to specify matters relating to National Protocol 1,
and other matters, to which the Minister will have regard in deciding whether
or not to approve an Australian body corporate as a self-accrediting
entity and in relation to amending or revoking a person’s approval as a
self-accrediting entity in relation to an Australian external Territory, for
the purposes of paragraphs 225-5(b) and 225-20(1) (b) of the Act. The
Minister will, in addition to the matters specified in this chapter, take into
account all the information provided in an application made under chapter 2 of
these Guidelines and any further information provided by an Applicant
in accordance with a request made by the Minister for such information, in
making his or her decision.
5.1.5 For
the purposes of this chapter, a university or other self-accrediting
institution that seeks to operate in an Australian external Territory by
entering into an arrangement with another organisation must comply with the
requirements set out in Chapter 9 of these Guidelines.
5.5
Minister may approve an Applicant
5.5.1 The
Minister may approve an Applicant as a self-accrediting entity in
relation to an Australian external Territory if:
1. the
Minister is satisfied that the Applicant should be empowered to issue
its own qualifications, following an assessment based on the criteria for the
recognition of universities set out in Protocol 1 of the National Protocols;
2. the Applicant
has complied with the requirements set out in these Guidelines;
3. the
principal purpose of the Applicant is either to provide education, to
conduct research or both.
5.10 Criteria
5.10.1 Protocol
1 of the National Protocols requires an Australian university to meet
nationally agreed criteria. A university is required to:
1. be
authorised by law to award higher education qualifications across a range of
fields and to set standards for those qualifications which are equivalent to
Australian and international standards;
2. exhibit
teaching and learning that engage with advanced knowledge and inquiry;
3. demonstrate
a culture of sustained scholarship extending from that which informs inquiry
and basic teaching and learning to the creation of new knowledge through
research, and original creative endeavour;
4. exhibit
commitment by teachers, researchers, course designers and assessors to free
inquiry and the systematic advancement of knowledge;
5. have
governance arrangements, procedural rules, organisation, admission policies,
financial arrangements and quality assurance processes which are underpinned by
the values and goals outlined above, and which are sufficient to ensure the
integrity of the institution’s academic courses;
6. have
sufficient financial and other resources to enable the institution’s courses to
be delivered and sustained into the future.
5.15 Assessment process
5.15.1 As
part of the assessment process, the Minister will consider whether the Applicant
has demonstrated that it will have due regard for the interests of students and
protect the broader reputation of higher education in Australia.
5.15.5 If
an application is found to be incomplete following a preliminary assessment,
the Minister or the Minister's delegate may request the information required
from the Applicant under the provisions of Chapter 10 of these Guidelines.
5.20 Refusal
of application without establishment of an assessment committee
5.20.1 The
Minister may decide that the application does not have sufficient merit (if
incomplete) to warrant a request for further information or (if complete) to
warrant the establishment of an assessment committee, and may proceed to refuse
the Applicant’s request for approval directly. In this case the Minister
will send the Applicant written advice as soon as possible after the
decision is made, giving reasons for the decision.
5.25 Assessment
Committee
5.25.1 Where
an application is found to be complete following a preliminary assessment, the
Minister may establish an assessment committee to consider the application and
make recommendations to the Minister as to whether or not it should be
approved.
5.25.5 An
assessment committee will consist of a minimum of three members, each of whom
will have substantial knowledge of at least one of the following:
1. academic
affairs;
2. university
management;
3. design,
development and delivery of higher education courses;
4. business
management;
5. a relevant
profession, industry or calling.
5.25.10 Where
an assessment committee is established, each relevant Applicant will be
formally consulted by the Department on its proposed membership, but the
Minister will ultimately determine its membership.
5.25.15 The duties of the assessment committee will be:
1. to notify
the public about the proposed university and undertake consultation with
interested persons;
2. to prepare
a description statement which briefly describes the proposed university. This
description statement must be published by the Department via the Department’s
website;
3. to ensure
that a consultation version of the Applicant’s submission is prepared by
the Applicant and made available to interested persons via the
Department’s website;
4. to
consider the application for approval as a university against the criteria set
out in the National Protocols and the matters set out in these Guidelines;
5. to make
recommendations to the Minister as to whether or not the Applicant
should be approved as a self-accrediting entity.
5.25.20 The assessment committee
may need more information in order for it to make recommendations to the
Minister as to whether or not the application should be approved. In this case
the Minister will request the information concerned under the provisions of
Chapter 10 of these Guidelines.
5.30 Approval and conditions
5.30.1 In
deciding whether or not to approve the Applicant as a self-accrediting
entity, the Minister may take a range of factors into account. These may
include recommendations made by the assessment committee and by the
Department. The Minister is not however bound by any recommendation made in
the committee’s report.
5.30.5 If
the Minister decides to approve the Applicant as a self-accrediting
entity, the Minister will determine the period of the approval, which is
generally anticipated to be five years in the first instance. Approximately 12
months before the period of approval is due to expire, a successful Applicant
will be required to undergo a review of its approved status.
5.30.10 Consistent
with section 225-15(1)(b) of the Act, the Minister may impose conditions
on the approval of an Applicant as a self-accrediting entity. Without
limitation, conditions may be imposed where the application is for the approval
of a projected institution to be newly established (a ‘greenfield’
institution), rather than for the approval of an existing institution as a
self-accrediting institution. Such conditions may include:
1. a period
of sponsorship or mentoring by an established Australian university or other
self-accrediting institution;
2. oversight
by a high level committee;
3. a
limitation on establishing additional campuses for a specified period.
5.35 Approval to continue to operate as a
self-accrediting entity
5.35.1 In
deciding whether or not to approve an institution to continue to operate as a
self-accrediting entity at the end of the initial period of accreditation, the
Minister may take into account a range of matters, including whether any
conditions which were imposed on the initial approval have been met.
5.40 Refusal of
application
5.40.1 If
the Minister decides to refuse an Applicant’s request for approval as a
self-accrediting entity, the Minister will send the Applicant a written
advice as soon as possible after the decision is made, giving the reasons for
the decision.
6.1 Purpose
6.1.1 The
purpose of this chapter is to specify matters relating to National Protocol 2,
and other matters, to which the Minister will have regard in deciding whether
or not to approve an overseas higher education institution as a
self-accrediting entity and in relation to amending or revoking an overseas
higher education institution’s approval as a self-accrediting entity in
relation to an Australian external Territory, for the purposes of paragraphs
225-5(b) and 225-20(1)(b)of the Act. The Minister will, in addition to
the matters specified in this chapter, take into account all the information
provided in an application made under chapter 3 of these Guidelines and
any further information provided by an Applicant in accordance with a
request made by the Minister for such information, in making his or her
decision.
6.1.5 For
the purposes of this chapter, a university or other self-accrediting
institution that seeks to operate in an Australian external Territory by entering
into an arrangement with another organisation must comply with the requirements
set out in Chapter 9 of these Guidelines.
6.5 Minister
may approve an applicant
6.5.1 The
Minister may approve an Applicant as a self-accrediting overseas
institution in relation to an Australian external Territory if:
1. the
Minister is satisfied that the Applicant should be empowered to issue
its own qualifications, following an assessment based on the criteria for the
recognition of overseas institutions set out in Protocol 2 of the National
Protocols;
2. the Applicant
has complied with the requirements set out in these Guidelines;
3. the
principal purpose of the Applicant is either to provide education, to
conduct research or both.
6.10 Criteria
6.10.1 Protocol
2 of the National Protocols requires an overseas higher education
institution seeking to operate in Australia to meet nationally agreed
criteria. An overseas higher education institution seeking to operate in Australia
is required to:
1. meet all
legal criteria and educational accreditation in its country of origin;
2. seek to
offer a course or courses that have been properly accredited in its country of
origin by an authority that, in the opinion of the Australian jurisdiction’s
decision-maker, is the appropriate authority;
3. seek to
offer a course or courses that are comparable in requirements and learning
outcomes to a course at the same level in a similar field in Australia;
4. propose
delivery arrangements, including arrangements for academic oversight and
quality assurance, comparable to those offered by accredited Australian
providers;
5. propose
appropriate financial and other arrangements which permit the successful
delivery of the course in the Australian jurisdiction.
6.15 Assessment process
6.15.1 As
part of the assessment process, the Minister will consider whether the Applicant
has demonstrated that it will have due regard for the interests of students and
protect the broader reputation of higher education in Australia.
6.15.5 Where
an application is found to be incomplete following a preliminary assessment,
the Minister or her delegate may request the information required from the Applicant
under the provisions of Chapter 10 of these Guidelines.
6.15.10 Where
an application is found to be complete following a preliminary assessment, and
the Minister either considers that the Applicant is seeking to offer a
course of study leading to an AQF award in relation to an Australian external
Territory; or considers that the standing of the institution’s accreditation
status is not acceptable, The Minister will not approve the application and
will advise the Applicant to resubmit it as an application for
accreditation under Protocol 3 of the National Protocols (as per
chapters 4 and 7 of these Guidelines).
6.20 Refusal
of application without establishment of an assessment committee
6.20.1 The
Minister may decide that the application does not have sufficient merit (if
incomplete) to warrant a Request for Further Information or (if complete) to
warrant the establishment of an assessment committee, and may proceed to refuse
the Applicant’s request for approval directly. In this case the Minister
will send the Applicant written advice as soon as possible after the
decision is made, giving reasons for the decision.
6.25 Assessment
committee
6.25.1 Following
a preliminary assessment, where an application is found to be complete and the
status of the institution is verified as complying with all legal criteria and
educational accreditation in its country of origin, which is proposing to offer
courses that have been accredited by the appropriate authority, the Minister
may establish an assessment committee to consider the application and make
recommendations to the Minister as to whether or not it should be approved.
6.25.5 An
assessment committee will consist of a minimum of three members, each of whom
will have substantial knowledge of at least one of the following:
1. academic
affairs;
2. university
management;
3. design,
development and delivery of higher education courses;
4. business
management;
5. a relevant
profession, industry or calling.
6.25.10 Where
an assessment committee is established, each relevant Applicant will be
formally consulted by the Department on the proposed membership of the
assessment committee but the Minister will ultimately determine its membership.
6.25.15 The duties of the assessment committee will be:
1. to notify
the public about the proposed institution and undertake consultation with
interested persons;
2. to prepare
a description statement which briefly describes the proposed university. This
description statement must be published by the Department via the Department’s
website;
3. to ensure
that a consultation version of the Applicant’s submission is prepared by
the Applicant and made available to interested persons via the
Department’s website;
4. to
consider the application for approval as a self-accrediting overseas
institution against the criteria set out in the National Protocols and
the matters set out in these Guidelines;
5. to make
recommendations to the Minister as to whether or not the Applicant
should be approved as a self-accrediting entity.
6.25.20 The
assessment committee may need more information in order for it to make
recommendations to the Minister as to whether or not the application should be
approved. In this case the Minister will request the information concerned
under the provisions of Chapter 10 of these Guidelines.
6.30 Approval and conditions
6.30.1 In
deciding whether or not to approve the Applicant as a self-accrediting
overseas institution, the Minister may take a range of factors into account.
These may include recommendations made by the assessment committee and by the
Department. The Minister is not however bound by any recommendation made in
the committee’s report.
6.30.5 If
the Minister decides to approve the Applicant as a self-accrediting
overseas institution, the Minister will determine the period of the approval,
which is generally anticipated to be five years in the first instance. Approximately
12 months before the period of approval is due to expire, a successful Applicant
will be required to undergo a review of its approved status.
6.30.10 Consistent
with section 225-15(1)(b) of the Act, the Minister may impose conditions
on the approval of the Applicant as a self-accrediting overseas
institution. Without limiting the conditions which the Minister may impose,
these could include:
1. further
development of delivery arrangements;
2. quality
improvement of some aspect of the proposed institution.
6.35 Approval to continue to operate as a
self-accrediting entity
6.35.1 In
deciding whether or not to approve a successful Applicant to continue to
operate as a self-accrediting overseas institution at the end of the initial
period of approval, the Minister will take into account a range of matters,
including whether any conditions which were imposed on the initial approval
have been met.
6.40 Refusal
of application and advice to resubmit under Protocol 3
6.40.1 If
the Minister considers that the criteria for approval as a self-accrediting
overseas institution set out in Protocol 2 have not been met, the Minister,
while not approving the application, may advise the Applicant to
resubmit it as an application for accreditation under Protocol 3 of the National
Protocols (see paragraph 225-1(1)(d) of the Act and chapter 4 of
these Guidelines)
6.45 Refusal
of application
6.45.1 If
the Minister decides to refuse an Applicant’s request for approval as a
self-accrediting overseas institution, the Minister will send the Applicant
a written advice as soon as possible after the decision is made, giving the
reasons for the decision.
7.1 Purpose
7.1.1 The purpose of this
chapter is to specify matters relating to National Protocol 3, and other
matters, to which the Minister will have regard in deciding whether or not to
accredit a course of study in relation to an Australian external Territory and
in relation to amending or revoking an accreditation, for the purposes of
paragraphs 225-10(b) and 225-20(1)(b) of the Act. The Minister will, in
addition to the matters specified in this chapter, take into account all the
information provided in an application made under chapter 4 of these Guidelines
and any further information provided by an Applicant in accordance with
a request made by the Minister for such information, in making his or her
decision.
7.5 Minister
may accredit a course of study
7.5.1 The
Minister may accredit a course of study in relation to an Australian external
Territory if:
1. the
Minister is satisfied, following an assessment based on the criteria for the
accreditation of a course of study set out in Protocol 3 of the National
Protocols, that the course and the manner of delivering it, are appropriate
to the award;
2. the Applicant
has complied with the requirements set out in these Guidelines;
3. the
principal purpose of the Applicant is either to provide education, to
conduct research or both.
7.10 Criteria
7.10.1 Protocol
3 of the National Protocols requires higher education courses to meet
nationally agreed criteria in order to be accredited. These criteria are:
1. the
course design and content should satisfy the requirements set in the AQF
Implementation Handbook for the award level;
2. the
course should be comparable in requirements and learning outcomes to a course
at the same level in a similar field at Australian universities;
3. the
delivery arrangements, including matters of institutional governance,
facilities, staffing, and student services are appropriate to higher education
and enable successful delivery of the course at the level proposed; and
4. the
provider should have appropriate financial and other arrangements to permit the
successful delivery of the course, and is a fit and proper person to be
entrusted with responsibility for the course.
7.15 Assessment process
7.15.1 Where
an application is found to be complete following a preliminary assessment by
the Department, the Minister may establish a course assessment committee to
consider the application and make recommendations to the Minister as to whether
it should be accredited.
7.15.5 Where
an application is found to be incomplete following a preliminary assessment,
the Minister or her delegate may request the information required from the Applicant
under the provisions of Chapter 10 of these Guidelines.
7.20 Refusal
of application without establishment of a course assessment committee
7.20.1 The
Minister may decide that the application does not have sufficient merit (if
incomplete) to warrant a request for further information from the Applicant
or (if complete) to warrant the establishment of an assessment committee, and
may proceed to refuse the Applicant’s request for approval directly. In
this case the Minister will send the Applicant written advice as soon as
possible after the decision is made, giving reasons for the decision.
7.25 Course
Assessment Committee
7.25.1 Where
the Applicant responds to the request for further information within the
time specified by the Minister or her delegate and the application is found to
be complete following a further assessment, the Minister may establish a course
assessment committee to consider the application and make recommendations to
the Minister as to whether or not the course should be accredited.
7.25.5 A
course assessment committee will consist of a minimum of three members, each of
whom will have substantial knowledge of at least one of the following:
1. academic affairs;
2. university management;
3. design, development and
delivery of higher education courses;
4. business management.
7.25.10 Where
a course assessment committee is established, each relevant Applicant
will be formally consulted by the Department on the proposed membership of the
course assessment committee but the Minister will ultimately determine the
membership of the committee.
7.25.15 The duties of the course assessment committee will
be:
1. to evaluate and report to the
Minister on whether the proposed course and the means of delivery are
appropriate to the type of award to which it is proposed that the course will
lead;
2. to consider whether the course and
the Applicant meet the criteria set out in the National Protocols
and the AQF Implementation Handbook and the matters set out in these Guidelines;
and
3. to make recommendations to the
Minister as to whether or not the course should be accredited.
7.25.20 The
course assessment committee may need more information in order to make
recommendations to the Minister as to whether or not the application for
accreditation should be approved. If this is the case the Minister or her
delegate will request the information concerned under the provisions of Chapter
10 of these Guidelines.
7.25.25 In
deciding whether or not to accredit the proposed course, the Minister may take
a range of factors into account. These may include recommendations made by the
assessment committee and by the Department. The Minister is not however bound
by any recommendation made in the committee’s report.
7.30 Accreditation
and conditions
7.30.1 the
Minister will determine the period of accreditation, which is generally
anticipated to be five years in the first instance. Approximately 12 months
before the period of accreditation is due to expire a successful Applicant
will be required to undergo a review of its approved status.
7.30.5 The
Minister may impose conditions on the accreditation of the course. Such
conditions may include that:
1. it is
subject to the further development of curriculum or delivery arrangements;
2. it is
subject to the quality improvement of some specified aspect of the course or
its delivery;
3. the
accreditation is subject to review after a specified period, expected to be
less than five years.
7.35 Refusal of accreditation
7.35.1 If
the Minister decides to refuse accreditation to the proposed course, the
Minister must send the Applicant written advice as soon as possible
giving the reasons for the decision.
CHAPTER 8 ACCREDITATION OF A COURSE OF STUDY – MUTUAL
RECOGNITION PROCESS
8.1 Purpose
8.1.1 The
purpose of this chapter is to specify the information which the Minister will
require, and the matters to which the Minister will have regard, in deciding
whether or not to accredit a course of study in relation to an Australian
external Territory, where the course of study is already accredited in an
Australian State, the Northern Territory or the Australian Capital Territory
(the primary jurisdiction), and in relation to amending or revoking such an
accreditation, for the purposes of paragraphs 225-1(2)(b), 225-10(b) and
225-20(1)(b) of the Act.
8.5 Submitting an application
8.5.1 In
order to make an application to the Minister for approval of a higher education
course in relation to an Australian external Territory (see paragraph 225-1(1)(d)
of the Act) through a mutual recognition process, an Applicant
must submit an application to the Minister through the Department. The
application must be complete and in the form approved by the Minister.
8.5.5 The
Applicant must also provide a full copy of the application submitted to
the primary jurisdiction, including full documentation of the course and
arrangements for its delivery.
8.10 Evidence
relating to delivery requirements
8.10.1 An
Applicant under this Chapter must include documentation in its
application providing the following information relating to delivery
arrangements for the proposed course of study:
1. arrangements
in the external territory for organisation, administration and governance;
2. financial
capacity to deliver the course;
3. teaching
and administrative staffing the external territory and their links to the Applicants’
organisation in the primary jurisdiction;
4. facilities
and resources to deliver the course in the external territory;
5. how the
quality and review system will operate in the external territory;
6. student
support and welfare systems in the external territory.
8.15 Minister
may accredit a course of study
8.15.1 The
Minister may accredit a course of study in relation to an Australian external
Territory by a mutual recognition process if:
1. the
Minister is satisfied, following an assessment based on the relevant criteria
for the accreditation of a course of study set out in Protocol 3 of the National
Protocols, that the method of delivering the course is appropriate to the
award; and
2. the Applicant
has complied with the requirements set out in these Guidelines.
8.15.5 If
an application is found to be complete following a preliminary assessment by
the Department, the Minister may establish a modified course assessment
committee for a mutual recognition process to consider the application
and make recommendations to the Minister as to whether it should be approved.
8.20 Assessment
process
8.20.1 If
an application is found to be incomplete following a preliminary assessment,
the Minister or her delegate will request the information required from the Applicant
under the provisions of Chapter 10 of these Guidelines.
8.25
Course Assessment Committee
8.25.1 If
the Applicant responds to the request for further information within the
time specified and the application is found to be complete following a further
a further assessment of this by the Department, the Minister may establish a
modified course assessment committee for a mutual recognition process to
consider the application and make recommendations to the Minister as to whether
it should be approved.
8.25.5 A
modified course assessment committee for a mutual recognition process
will usually have only one member, who will have substantial expertise in the
design, development and delivery of higher education courses.
8.25.10 Where
a modified course assessment committee is established, each relevant Applicant
will be formally consulted by the Department on its proposed membership, but
the Minister will ultimately determine the membership of the committee.
8.25.15 The duties of the course assessment committee will
be:
1. to
evaluate and report to the Minister on whether the means of delivery of the
proposed course are appropriate to the type of award proposed;
2. to make
recommendations to the Minister as to whether or not the course should be
accredited.
8.25.20 The
course assessment committee may need more information in order to make
recommendations to the Minister as to whether or not the application for
accreditation should be approved. If this is the case the Minister or her
delegate will request the information concerned under the provisions of Chapter
10 of these Guidelines.
8.30 Accreditation and conditions
8.30.1 In
deciding whether or not to accredit the proposed course, the Minister may take
a range of factors into account. These may include recommendations made by the
assessment committee and by the Department. The Minister is not however bound
by any recommendation made in the committee’s report.
8.30.5 If
the Minister decides to accredit the course, the Minister will determine the
period of accreditation. In determining this, the Minister may take into
account the date on which the course’s accreditation will expire in the primary
jurisdiction, with a view to harmonising the expiry dates. Approximately 12
months before the period of accreditation is due to expire a successful Applicant
will be required to undergo a review of its approved status.
8.30.10 The
Minister may impose conditions on the accreditation of the course. Such
conditions may include that it is subject to the quality improvement of some
specified aspect of the delivery arrangements.
8.35 Refusal of accreditation
8.35.1 If
the Minister decides to refuse accreditation to the proposed course, the
Minister must send the Applicant written advice as soon as possible
giving the reasons for the decision.
CHAPTER 9 APPROVAL OF AN AUSTRALIAN
UNIVERSITY TO OPERATE UNDER AN AGENCY AGREEMENT
9.1 Purpose
9.1.1 The
purpose of this chapter is to specify the information which the Minister will
require and the matters which he or she will take into account in deciding
whether or not to approve the operation of an Australian university through
another organisation (an agency agreement) in relation to an Australian
external Territory, for the purposes of Protocol 4 of the National Protocols.
9.5 Criteria
9.5.1 Protocol 4 deals with delivery
arrangements for universities operating through another organisation. Where a
university enters into an arrangement with another organisation, and the university
is to grant the academic award, the relationship will be construed as one of
principal and agent. The principal in this relationship must carry full
responsibility for all aspects of delivery, including:
1. quality
and standards comparable to those pertaining at other campus(es) of the
institution;
2. teaching
by staff qualified at a level comparable to those pertaining at other campus(es)
of the institution;
3. resources
and facilities adequate for the delivery of the course;
4. adequate
measures to protect the welfare of students.
9.10 Submitting an application
9.10.1 In
order to make an application to the Minister for approval of an agency
agreement in relation to an Australian external Territory, a university must submit
an application to the Minister through the Department. The application must be
complete and in the form approved by the Minister.
9.10.5 A
university will need to seek such approval for each agency arrangement it
enters into in relation to an Australian external Territory. Any changes to
agency arrangements, including changes of delivery place, should be notified to
the Minister in writing through the Department.
9.15 Evidence
relating to delivery requirements
9.15.1 As
part of such an application a university or other self-accrediting institution
must include documentation or other evidence providing the following
information:
1.
details of the name and address of the agent
under the arrangement;
2.
details of the address of the delivery place
under the arrangement;
3. a written undertaking by the governing body that it will carry full
responsibility for all aspects of delivery.
9.20 Approval
by the Minister
9.20.1 Provided the above information has been included in the
application, the Minister will generally grant the application and advise the
applicant accordingly. The Minister may impose conditions on an approval if
there is a reasonable basis on which to do so.
9.20.5 It is a condition of any approval granted by the Minister
that the agent allows the Department, on behalf of the Minister, to enter and
inspect, at any reasonable time, the delivery place under the arrangement. The
agent must comply with all reasonable requests by the Minister, or by the
Department on behalf of the Minister, to provide information or records (or a copy
of records) that the agent is keeping, or has control of, that are appropriate
or relevant.
9.25 Review of approval of agency arrangements
9.25.1 Where the Minister has concerns about the quality of
delivery of higher education courses under an agency arrangement, he or she may
conduct a review of the agency operation. The Minister may appoint a person or
persons with suitable expertise to conduct the review. If the review finds
that the operation of the university through the agency arrangement does not
comply with the standards expected of a higher education institution, and is
not comparable with the standards on other campuses of the university, the
Minister may do one of the following:
1.
establish conditions for the continuation of the
agency arrangement within the Australian external Territory;
2.
cancel the approval for the university to
operate in respect of the Australian external Territory through an agency
agreement.
10.1 Purpose
10.1.1 The
purpose of this chapter is to set out the circumstances in which the Minister
may seek further information relating to an application for approval as a
self-accrediting entity or for accreditation of a course of study in relation to
an Australian external Territory, for the purposes of section 225-1 (3) of the Act.
10.5 Provision of further information
10.5.1 For
the purpose of determining an application, the Minister may require an Applicant,
by notice in writing, to provide such further information as the Minister
directs.
10.5.5 The
Minister may require further information from an Applicant on one or
more occasions.
10.10 Date specified for provision of
further information
10.10.1 The
Minister will issue the Applicant with a written notice which will
specify the date by which the Applicant must provide the further
information specified. This will be 90 days from the date on which the request
was signed by the Minister or her delegate.
10.10.5 An
Applicant must comply with the requirements for further information set
out by the Minister in the written notice by the date specified in that notice,
or the application will be taken to have been withdrawn.
10.15 Application for further time
10.15.1 If
the Applicant is unable to provide all of the information requested in
the notice by the date specified, the Applicant may apply to the
Minister for a further period of time within which to comply. The Minister may
grant such an application in a written notice which will specify the amended
date by which the Applicant must provide the further information. The
amended date will be at the discretion of the Minister but will normally be 90
days from the date on which the extension was agreed by the Minister.
CHAPTER 11 FEES PAYABLE FOR APPROVAL PROCESSES
11.1 Purpose
11.1.1 This
chapter of the Guidelines set outs fees to be paid in respect of
applications under section 225-1 of the Act for approval as a
self-accrediting entity, or for the accreditation of a course of study, in
relation to an Australian external Territory, for the purposes of section
225-25 of the Act.
11.5 Applicable fees
11.5.1 The applicable fees are as follows.
1. Approval of an Australian
body corporate as a self-accrediting entity
Application fee for approval by
the Minister $ 43,000.00
2. Approval of an overseas
higher education provider to operate as a self-accrediting entity
Application fee for approval by
the Minister $ 43,000.00
3. Accreditation of a course
of study
Application fee for approval by
the Minister
(payable for each course) $
550.00
In addition there is an
examination fee for each course, payable at the time of application:
Diploma $
5,000.00
Advanced Diploma $
6,500.00
Associate Degree $
6,500.00
Bachelor Degree $
7,500.00
Bachelor (Honours) Degree
$ 7,500.00
Graduate Certificate $
5,000.00
Graduate Diploma $
7,000.00
Masters degree (by research or
course work) $ 8,000.00
Doctorate (Professional
Doctorate or by research) $ 8,500.00
4. Accreditation of a course
of study (mutual recognition process)
Examination fee (payable for each
course) $ 2,700.00
No application fee is payable for
a mutual recognition process.
12.1 Purpose
12.1.1 The purpose of this chapter is to state that Division 228
of the Act creates offences and sets out penalties for those offences
where:
1.
persons without accreditation operate as universities or other provider
in external territories (section 228-1);
2.
persons without accreditation offer higher education awards or courses
in external Territories (section 228-5); or
3.
persons without accreditation describe themselves as universities in
external territories (section 228-10).
13.1 The Privacy Act
1988
13.1.1 The
purpose of this chapter is to set out the privacy requirements by which the
Department is bound in administering the Act and these Guidelines.
13.1.5 In
administering the Act and these Guidelines, the Department is
bound by the provisions of the Privacy Act 1988. Section 14 of the Privacy Act
1988 contains the Information Privacy Principles (IPPs), which prescribe the
rules for handling personal information.
13.1.10 Persons,
bodies and organisations involved in administering the Act and these Guidelines
must abide by the IPPs and the Privacy Act when handling personal information
collected for the purposes of the Act and these Guidelines.
13.1.15 In brief, persons, bodies and
organisations must ensure that:
1. personal
information is collected in accordance with IPPs 1-3;
2. suitable
storage arrangements, including appropriate filing procedures are in place;
3. suitable
security arrangements exist for all records containing personal information;
4. access to
a person’s own personal information held by the organisation is made available
to the person at no charge;
5. records
are accurate, up-to-date, complete and not misleading;
6. where a
record is found to be inaccurate, it is corrected;
7. where a
person requests that a record be amended because it is inaccurate but the
record is found to be accurate, the details of the request for amendment are
noted on the record;
8. personal
information is only used for the purposes for which it was collected, or for
other purposes where expressly allowed by IPP 10; and
9. personal
information is only disclosed in accordance with IPP 11.
13.5 Privacy Complaints and Advice
13.5.1
Complaints about breaches of privacy and requests for advice about privacy
should be referred to the Privacy Contact Officer in the Litigation and
External Review Section of the Procurement, Assurance and Legal Group, in the
Department’s National Office. Privacy complaints can be made directly to the
Federal Privacy Commissioner. However, the Federal Privacy Commissioner prefers
that the Department be given an opportunity to deal with the complaint in the
first instance.
13.5 Freedom of Information
13.5.1 All
documents created or held by the Department with regard to the Act and
the Guidelines are subject to the Freedom of Information Act 1982
(“FOI Act”). Unless a document falls under an exemption provision, it will be
made available to the general public if requested under the FOI Act.
13.5.5 All
FOI requests are to be referred to the Freedom of Information Coordinator in
the Litigation and External Review Section of the Procurement, Assurance and
Legal Group, in the Department’s National Office. Decisions regarding requests
for access will be made by the Department’s authorised FOI decision-maker in
accordance with the requirements of the FOI Act.
14.1
In respect of information of any kind
submitted to the Department or the Minister pursuant to the requirements of the
Act and these Guidelines, the Criminal Code (Cwth)
provides that giving false or misleading information is a serious offence.