EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education, Science and Training

Subject:                                   Higher Education Support Act 2003  

                                                Higher Education in External Territories Guidelines

Authority

Section 238-10 of the Higher Education Support Act 2003 (the HESA) provides that the Minister may make guidelines for the purposes of the HESA. In particular, section 238-10 specifies that the Minister may make Higher Education in External Territories (HEET) Guidelines (Guidelines) to give effect to matters set out in Part 6.1 and 6.2 of the HESA.

Background

The HESA provides for approval of existing higher education institutions or proposed institutions to be approved as self-accrediting entities and the accreditation of higher education courses of study, in each case in relation to an Australian external territory.

Part 6.1 of the HESA provides for bodies to apply for approval as a self-accrediting entity or for accreditation of a course or courses of study that they propose to offer.  This part of the HESA 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 institution, offer higher education awards or describe themselves as universities.

These Guidelines set out the information which must be provided in an application for approval as a self-accrediting entity, as a self-accrediting overseas institution, or for accreditation of a course; the matters which the Minister will take into account in deciding whether or not to approve an applicant as a self-accrediting entity or self-accrediting overseas institution, or to accredit a course; the matters which the Minister will take into account in deciding whether or not to approve the operation of an Australian university through another organisation (an agency agreement); requests for further information in relation to applications for approval or accreditation and deadlines for its submission; fees payable for approval or accreditation processes and information about relevant offences and penalties.

Consultation

The Guidelines were put out for sector comments in January 2007.  They were distributed to peak bodies, the Australian Council for Private Education and Training (ACPET), the Council of Private Higher Education (COPHE) and the Australian Vice Chancellors Committee (AVCC).  All three bodies were happy for the draft guidelines to be 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 Guidelines

Chapter 1, ‘Introduction’ outlines the purpose of the guidelines and lists defined terms that appear in the guidelines.

Chapter 2, ‘Information which must be provided in an application to the Minister for approval as a self-accrediting entity’ sets out in detail the information required in an application to become a self-accrediting entity in an Australian external Territory.  This includes legal requirements, the institution’s structures, procedures, policies, infrastructure and resources.  This chapter also sets out the requirement for contingency planning (tuition assurance requirements) for the protection of students, and the ‘Fit and Proper Person’ requirement which an applicant must meet in order to be entrusted with responsibility for operating a self-accrediting entity.

Chapter 3, ‘Information which must be provided by an overseas institution in an application to the Minister for approval as a self-accrediting entity’ sets out the information required in an application by an overseas higher education institution to become a self-accrediting entity in an Australian external Territory.  An applicant must demonstrate comparability to an Australian self-accrediting institution, and provide information including details of the institution’s structures, procedures, policies, accreditation and course details and delivery arrangements. Chapter 3 specifies the information which is required about the proposed delivery by the overseas institution of its course or courses, including any agreements with local agents.  This chapter also sets out the requirement for contingency planning (tuition assurance requirements) for the protection of students, and the ‘Fit and Proper Person’ requirement which an overseas institution must meet in order to be entrusted with responsibility for operating a self-accrediting entity. 

Chapter 4, ‘Information which must be provided in an application to the Minister for accreditation of a course’ sets out the information required in an application for accreditation of a higher education course in an Australian external Territory.  This includes evidence of the institution’s structure, policies and procedures, such as its governance, objectives, strategic plan, financial resources, and the institutional arrangements for maintaining academic quality.  The information required also includes details of the proposed course, such as its objectives, the proposed title of the award, its content (including unit outlines), admission requirements, outcomes (including graduate attributes) and the level of the proposed qualification.  This chapter also sets out the requirement for contingency planning (tuition assurance requirements) for the protection of students, and the ‘Fit and Proper Person’ requirement which an applicant must meet in order to be entrusted with responsibility for offering a higher education course of study.

Chapter 5, ‘Approval of an applicant as a self-accrediting entity’ sets out the criteria on which the Minister will base his or her decision to approve or not to approve an application to become a self-accrediting entity. It also sets out details of the establishment and duties of an assessment committee, the assessment process, and conditions which may be imposed upon an applicant approved as a self-accrediting entity.  It also sets the requirements if the Minister decides to refuse an applicant’s request for approval.

Chapter 6, ‘Approval of an applicant as an overseas self-accrediting institution’ sets out the criteria on which the Minister will base his or her decision either to approve or not to approve an overseas higher education institution as a self-accrediting entity. It also sets out details of the establishment and duties of an assessment committee, and the assessment process and conditions which may be imposed upon an overseas higher education institution becoming an approved self-accrediting institution.  It also sets the procedure to be applied if the Minister decides to refuse an applicant’s request for approval, or if the Minister considers that while not meeting the criteria for approval under this chapter, considers that it the application could be resubmitted under Protocol 3 (Chapter 4, application for accreditation of a course of study).

Chapter 7, ‘Accreditation of a course of study’ sets out the criteria on which the Minister will base his or her decision either to accredit or not to accredit a course of study in an Australian external Territory. It also sets out details of the establishment and the duties of a course assessment committee, the assessment process and conditions which may be imposed upon the accreditation of a higher education course of study. It also sets the requirements if the Minister decides to refuse an applicant’s request for accreditation.

Chapter 8, ‘Accreditation of a course of study – mutual recognition process’ sets out the information the Minister requires in deciding whether or not to accredit a course of study in an Australian external Territory which is already accredited in an Australian State, the Northern Territory or the Australian Capital Territory, and the process by which such an application is assessed. In particular it sets out the information which must be provided relating to the delivery arrangements for the proposed course of study, including the organisational and administrative arrangements in the external territory, financial capacity to deliver the course, staffing arrangements and facilities and resources in the external Territory.  This chapter sets out details of the establishment and duties of a modified course assessment committee, and the conditions which may be imposed upon the accreditation of a higher education course of study. It also sets the requirements if the Minister decides to refuse an applicant’s request for accreditation.

Chapter 9, ‘Approval of an Australian University to operate under an agency agreement’ sets out the information which the Minister requires and the matters she will take into account in deciding whether or not to approve the operation of an Australian university in an external Territory through another organisation (an agency agreement).  In particular it sets out the information which must be provided relating to the name and address of the agent and the address at which the operations will take place; and that the governing body of the university will be required to sign a written undertaking that it will carry responsibility for all aspect of delivery.  The chapter also states that so long as the required information is provided, that the Minister will generally grant such an application.

Chapter 10, ‘Requests for further information and deadlines for its submission’ details the circumstances in which the Minister may request further information from an applicant applying for approval as a self-accrediting entity, or for the accreditation of a course of study, and specifies the date by which an applicant must provide the further information.

Chapter 11, ‘Fees payable for approval processes’ sets out the fees that an applicant must pay when submitting an application for approval as a self-accrediting entity or for the accreditation of a course of study in an Australian external Territory.  The fees charged have been based on those charged by the Queensland Office of Higher Education for the same processes. 

Chapter 12, ‘Offences’, states that Division 228 of the HESA creates offences in relation to higher education activity in the Australian external Territories, such as persons without accreditation offering or purporting to offer higher education courses.  The penalties for those offences are set out in Division 228 of the HESA.

Chapter 13, ‘Privacy and Freedom of Information’, sets out the privacy requirements by which the Department is bound in administering the HESA and the HEET guidelines made under it. 

Chapter 14, ‘Criminal Code’, sets out that submitting false or misleading information to the Department or the Minister in respect of the requirements of the HESA and the HEET guidelines is a serious offence.