Commonwealth
of Australia
Higher
Education Support Act 2003
HIGHER EDUCATION
IN EXTERNAL TERRITORIES GUIDELINES 2008
I, Julia Gillard, Minister for
Education, pursuant to section 238‑10 of the Higher Education
Support Act 2003 (‘the Act’), make these Higher Education in External
Territories Guidelines 2008, which provide for matters under Chapter 6 of the
Act.
Dated this 16th day of May 2008.
JULIA
GILLARD
Minister
for Education
1. Citation
These Guidelines may be cited as the Higher Education in External
Territories Guidelines 2008.
2. Authority
These Guidelines are made under section 238-10 of the Act
for the purposes of Part 6-1 of the Act.
3. Date of Effect
These
Guidelines commence the day after the day they are registered on the Federal
Register of Legislative Instruments.
4. Revocation
The Higher Education in External Territories Guidelines
dated 21 March 2007 (Legislative Instrument F2007L00834) are hereby revoked.
5. Transitional Arrangements
(1) The
revocation of the Higher Education in External Territories Guidelines dated 21
March 2007 (Legislative Instrument F2007L00834) does not affect the validity of
a decision made under those guidelines.
(2) A
decision made under those guidelines is taken to continue to have effect as if
it were made under these Guidelines.
Higher Education
in the
External
Territories
Guidelines 2008
Contents
Chapter 1: Introduction. 1
1.1 Interpretation. 1
1.5 Background and Context 1
1.10 Overview.. 2
Chapter 2: Common requirements for all applicants. 3
2.1 Purpose. 3
2.5 How to obtain an application form.. 3
2.10 Relation to CRICOS approval 3
2.15 Application fees. 3
2.20 Marketing and public statements
during the approval process. 4
2.25 Fit and Proper Person Guideline. 4
2.30 Review of Decisions. 5
Chapter 3: Applications for approval as a non self-accrediting Higher
education entity. ...............................................................................................................................6
3.1 Purpose. 6
3.5 Submitting an application. 6
3.10 Assessment process. 6
3.15 Refusal of application without
establishment of an assessment committee. 6
3.20 Assessment Committee. 6
3.25 Minister may approve an Applicant 7
3.30 Period of and conditions on approval
of an Applicant 7
3.35 Approval to continue to operate as a
non self-accrediting Higher education entity. 8
3.40 Refusal of application. 8
3.45 Mutual Recognition. 8
Chapter 4: Applications for the accreditation of higher education
course/s. 9
4.1 Purpose. 9
4.5 Submitting an application. 9
4.10 Assessment process. 9
4.15 Refusal of application without
establishment of an assessment committee. 10
4.20 Assessment Committee. 10
4.25 Minister may accredit a course of
study. 10
4.30 Period of and conditions on
accreditation of a course of study. 11
4.35 Approval to continue to offer a
course of study in an Australian external Territory. 11
4.40 Refusal of application. 11
4.45 Mutual Recognition. 11
Chapter 5: Applications for approval as a self-accrediting Higher
education entity other than a university 12
5.1 Purpose. 12
5.5 Submitting an application. 12
5.10 Assessment process. 12
5.15 Refusal of application without
establishment of an assessment committee. 12
5.20 Assessment Committee. 13
5.25 Minister may approve an Applicant 13
5.30 Period of, limitations on and
conditions on approval of an Applicant 13
5.35 Extending self-accrediting authority. 14
5.40 Approval to continue to operate as a
self-accrediting Higher education entity. 14
5.45 Refusal of application. 15
5.50 Mutual Recognition. 15
Chapter 6: Applications for approval as a university. 16
6.1 Purpose. 16
6.5 Submitting an application. 16
6.10 Assessment process. 16
6.15 Refusal of application without
establishment of an assessment committee. 16
6.20 Assessment Committee. 16
6.25 Minister may approve an Applicant 17
6.30 Period of and conditions on approval
of an Applicant 18
6.35 Post-approval processes. 18
6.40 Approval to continue to operate as a
university. 18
6.45 Refusal of application. 19
Chapter 7: Applications for approval to operate as an overseas Higher
education entity in relation to an external Territory. 20
7.1 Purpose. 20
7.5 Submitting an application. 20
7.10 Assessment process. 20
7.15 Refusal of application without
establishment of an assessment committee. 20
7.20 Assessment Committee. 21
7.25 Minister may approve an Applicant 21
7.30 Period of and conditions on approval
of an Applicant 21
7.35 Approval to continue to operate as an
overseas Higher education entity. 22
7.40 Refusal of application. 22
7.45 Mutual Recognition. 22
Chapter 8: Requests for further information and deadlines for its
submission. 23
8.1 Purpose. 23
8.5 Provision of further information. 23
8.10 Date specified for provision of
further information. 23
8.15 Application for further time. 23
Chapter 9: Offences under Division 228 of the Act and application of
the Criminal Code (Cwth) 24
9.1 Purpose. 24
9.5 Offences under the Act 24
9.10 Offences under the Criminal Code
(Cwth) 24
Appendix 1: Definitions, Glossary and
Acronyms. 25
1.1.1 Unless
the contrary intention appears, the terms used in these Guidelines have
the same meaning as in the Act.
1.1.5 Terms
in these Guidelines that are in italics have the meanings given in Appendix
1 of these Guidelines.
1.1.10 Except
for the above, the terms used in these Guidelines have the meanings
given in the National Guidelines.
1.5.1 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.
1.5.5 There
are five national protocols for higher education approval processes:
Protocol A identifies
nationally agreed criteria and approval processes for all higher education
institutions;
Protocol B identifies
specific criteria and processes applying to the registration of non
self-accrediting higher education entities and the accreditation of their
course/s;
Protocol C identifies
specific criteria and processes applying to the awarding of self-accrediting
authority to higher education entities other than universities;
Protocol D identifies
specific criteria and processes applying to establishing Australian
universities; and
Protocol E identifies
specific criteria and processes applying to overseas higher education
institutions seeking to operate in Australia.
1.5.10 The
National Protocols are available at: http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html .
1.5.15 At
the same time MCEETYA approved four sets of National Guidelines covering
each of the specific types of approval envisaged in the revised National
Protocols 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
are available at: http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html.
1.5.25 The
four sets of National Guidelines cover:
1. non
self-accrediting higher education entities and the accreditation of their
course/s (Protocols A and B), available at http://www.mceetya.edu.au/verve/_resources/NationalProtocolsOct2007_AandB.pdf;
2. awarding
self-accrediting authority to higher education entities other than universities
(Protocols A and C), available at http://www.mceetya.edu.au/verve/_resources/NationalProtocolsOct2007_AandC.pdf;
3. establishing
Australian universities (Protocols A and D), available at http://www.mceetya.edu.au/verve/_resources/NationalProtocolsOct2007_AandD.pdf;
and
4. overseas
higher education institutions seeking to operate in Australia (Protocols A and
E), available at http://www.mceetya.edu.au/verve/_resources/NationalProtocolsOct2007_AandE.pdf.
1.5.30 The
relevant legislation for higher education approval processes is the Act.
In particular, Part 6, Divisions 225 and 228, and section 238-10 of the Act
provide the authority for these Guidelines.
1.5.35 These
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, and the Act.
1.10.1 Chapter
2 provides potential Applicants with information about obtaining an
application form, CRICOS approval, fees and charges, appeals, and limitations
on marketing, advertising and public statements during the approval process.
1.10.5 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.
1.10.10 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.
1.10.15 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.
1.10.20 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.
1.10.25 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.
1.10.30 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.
1.10.35 Chapter
9 identifies the circumstances in which a person who 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 (Cth).
1.10.40 Appendix
1 provides definitions and a glossary of terms for interpretation of these Guidelines.
2.1.1 The
purpose of this chapter is to inform potential Applicants about:
1. how to
obtain an application form and lodge an application;
2. the
relationship between these Guidelines and approval for registration on
Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS);
3. what
fees, if any, will be charged for making an application, examination of an
application, and/or for approval of an application;
4. marketing
and public statements during the approval process; and
5. the Fit
and Proper Person Guideline.
2.5.1 An
application form (which includes a Fit and Proper Person Declaration) can be
obtained by writing to:
Private Providers Unit (Location 022)
Quality Branch,
Higher Education Group,
Department of Education, Employment
and Workplace Relations,
GPO Box 9880, Canberra City, ACT 2601
2.5.5 An
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 Higher education entity and/or delivering a
course of study leading to a higher education award and that they are
authorised to make binding decisions on behalf of the Applicant.
2.5.10 Completed
applications are to be returned to the address stated in paragraph 2.5.1 above.
2.10.1 Higher
education entities seeking to offer courses for overseas students in Australian
external Territories must also become registered on CRICOS through a separate
application process. A Higher education entity or course cannot be
registered on CRICOS unless it is first approved through the processes
described in these Guidelines. Applicants intending to deliver
courses to international students should allow time for CRICOS approval and
registration.
2.15.1 This
part of the 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 the accreditation of a course of study, in
relation to an Australian external Territory, for the purposes of section 225-5
of the Act.
2.15.5 The application fees are as follows.
|
Item
|
Fee
|
|
1. Approval as a
self-accrediting Higher education entity, or a university
Application fee for each
approval by the Minister
|
$
43,000.00
|
|
2. Approval as a non
self-accrediting Higher education entity
Application
fee for each approval by the Minister
|
$ 10,000.00
|
|
3. Accreditation of a higher
education course of study to be offered by a non self-accrediting entity
Application fee for each course
of study to be accredited:
Diploma
.........................................................
Advanced Diploma ........................................
Associate Degree
..........................................
Bachelor Degree
...........................................
Bachelor (Honours) Degree
..........................
Graduate Certificate
......................................
Graduate Diploma
.........................................
Masters degree (research or course work) .......
Doctorate (Professional Doctorate or by research)
|
$
5,000.00
$ 6,500.00
$ 6,500.00
$
7,500.00
$
7,500.00
$
5,000.00
$
7,000.00
$
8,000.00
$
8,500.00
|
|
4. Accreditation of a higher
education course of study (mutual recognition process)
Application fee
(payable for each course)
|
$
2,700.00
|
2.20.1 An Applicant in the process of initial approval must
refrain from making any public statement or advertisement which falsely implies
that a course is accredited or that the Applicant is registered to
confer an award before approval is formally granted by the Minister.
2.25.1 An
Applicant must comply with the Fit and Proper Person Guideline which is
at Appendix 3 of each of the four National Guidelines referred to in
paragraph 1.5.25 above.
2.30.1 Where an Applicant is not satisfied with the Minister’s
decision in respect of an application made under these Guidelines the Applicant
may seek review of the decision. The person’s request must be made in writing
and given to the decision maker within 28 days after the day on which the Applicant
first received notice of the decision.
2.30.2
The Reviewer of the decision will reconsider the Minister’s decision
and:
·
Confirm the decision; or
·
Vary the decision; or
·
Set the decision aside and substitute a new decision.
The
Reviewer will provide reasons for the decision.
2.30.3
If an Applicant is not satisfied with the Reviewer’s
reconsideration of the decision, an application may be made to the
Administrative Appeals Tribunal for review of the decision. Details of the AAT
review processes can be found at http://www.aat.gov.au/ApplyingToTheAAT/ApplicationProcess.htm.
3.1.1 The
purposes of this chapter are to:
1. Set out
the information which must accompany an application to the Minister by a
person, other than a natural person, for approval as a non self-accrediting Higher
education entity in relation to an Australian external Territory, for the
purposes of section 225-1(1)(a)(iii) of the Act; and
2. Specify
matters to which the Minister will have regard in deciding whether or
not to approve a person as a non self-accrediting Higher education entity
under section 225-7 of the Act and in relation to amending or revoking a
person’s approval as a non self-accrediting Higher education entity under
subsection 225-20(4) of the Act.
3.5.1 In
order to make an application to the Minister for approval as a non self-accrediting
Higher education entity in relation to an Australian external Territory,
an Applicant must make an application through the Department as per paragraphs
2.5.1 to 2.5.10 above (see section 225-1 of the Act).
3.5.5 The
application must be complete and in the form approved by the Minister
and address the “evidence to be provided by initial Applicants” as set
out in section 17 of the “Guidelines for the Registration of Non Self-Accrediting
Higher Education Institutions and the Accreditation of their Course/s” under
the National Guidelines (in this chapter 3 of these Guidelines,
the National Guidelines for Registration of Non Self-Accrediting Higher
Education Institutions and the Accreditation of their Course/s).
3.10.1 As
part of the assessment process, the Minister will consider whether the Applicant
has demonstrated that it will comply with the requirements of section 17 of the
National Guidelines for Registration of Non Self-Accrediting Higher Education Institutions
and the Accreditation of their Course/s, as relevant and appropriate to the Applicant.
3.10.5 If
an application is found to be incomplete following a preliminary assessment,
the Minister may request the information required from the Applicant
under the provisions of Chapter 8 of these Guidelines.
3.15.1 The Minister may decide that an
application that is incomplete does not have sufficient merit to warrant a
request to the Applicant for further information or that an application
that is complete does not have sufficient merit to warrant the establishment of
an assessment committee, and may refuse the application for this reason. In either
case, the Minister will, as soon as possible after the Minister
has made a decision, write to the Applicant to provide reasons for the
decision.
3.20.1 Where
the Minister considers that an application is complete and has
sufficient merit to warrant the establishment of an assessment committee, the Minister
will establish an assessment committee in accordance with sections 11.4-11.10
of the National Guidelines for Registration of Non Self-Accrediting Higher
Education Institutions and the Accreditation of their Course/s to consider the
application and make recommendations to the Minister as to whether or
not the Minister should approve the application.
3.20.5 An
assessment committee will consist of a minimum of three members. The
assessment committee members will be required to respect the confidentiality of
the Applicant’s application and will sign a declaration to maintain
confidentiality, to protect ownership of intellectual property and to declare
any conflicts of interest as per section 11.5 of the National Guidelines for
Registration of Non Self-Accrediting Higher Education Institutions and the
Accreditation of their Course/s.
3.20.10 Where
an assessment committee is to be established, the Applicant will be
formally consulted by the Department on the proposed membership of the
assessment committee. The Minister will ultimately determine the membership
of the assessment committee.
3.20.15 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 that case, the Minister will request the
information concerned under the provisions of Chapter 8 of these Guidelines.
3.25.1 The
Minister may approve an Applicant as a non self-accrediting Higher
education entity in relation to an Australian external Territory if:
1.
the Minister is satisfied that the Applicant should be approved
following an assessment against the requirements for the recognition of non
self-accrediting higher education institutions set out in sections 17-19 of the
National Guidelines for Registration of Non Self-Accrediting Higher Education
Institutions and the Accreditation of their Course/s;
2.
the Applicant has complied with the requirements set out in these
Guidelines; and
3.
the principal purpose of the Applicant is to provide education and/or
conduct research or both.
3.25.5 In
deciding whether or not to approve the Applicant as a non
self-accrediting Higher education entity, the Minister will have
regard to the matters identified above, including the offshore activities of
the Applicant, recommendations made by the assessment committee and recommendations
made by the Department which may have been based on information not submitted
by the Applicant. The Minister is not, however, bound by any
recommendation made in the assessment committee’s report.
3.30.5 If
the Minister decides to approve the Applicant as a non-self-accrediting
Higher education entity, the Minister will determine the period
of the approval, which may be up to five years. Successful Applicants
wishing to continue to operate in an Australian external Territory will be
required to apply for approval to continue to operate as a non-self-accrediting
Higher education entity in an Australian external Territory in
accordance with section 3.35 below.
3.30.10 Consistent
with paragraph 225-15(b) of the Act, the Minister may impose
conditions on the approval of an Applicant as a non self-accrediting Higher
education entity.
3.35.1 Consistent with paragraph 15 of the
National Guidelines for Registration of Non Self-Accrediting Higher Education
Institutions and the Accreditation of their Course/s, an Applicant may
apply for approval to continue to operate as a non-self-accrediting Higher
education entity in an Australian external Territory.
3.35.5 The process and timeline
for re-registration are similar to those for registration outlined above. Applications
for re-registration must be submitted to the Minister in time for the
process for renewal of approval to be completed before approval expires. Applicants
operating in more than one jurisdiction will also need to apply to the
secondary jurisdiction/s for a renewal of mutual recognition against the
relevant requirements in these Guidelines.
3.35.10 In
deciding whether or not to approve an entity to continue to operate as a
non-self-accrediting Higher education entity at the end of the initial
period of accreditation, the Minister will take into account matters
covered by paragraphs 17-19 of the National Guidelines for Registration of Non
Self-Accrediting Higher Education Institutions and the Accreditation of their
Course/s, including whether any conditions which were imposed on the initial
approval have been met.
3.40.1 If
the Minister decides to refuse an application for approval as a non
self-accrediting Higher education entity, the Minister will, as
soon as possible after the decision is made, write to the Applicant to
provide reasons for the decision.
3.45.1 Mutual
Recognition across jurisdictions will be in accordance with sections 12 and
19, of the National Guidelines for Registration of Non Self-Accrediting Higher
Education Institutions and the Accreditation of their Course/s.
4.1.1 The
purposes of this chapter are to:
1. Set out
the information which must accompany an application to the Minister by a
person, other than a natural
person, for accreditation of a course of study leading to a higher education
award in relation to an Australian external Territory, for the purposes of section
225-10 of the Act; and
2. Specify
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, for the purposes of section 225-10 of the Act and in relation
to amending or revoking an approval under section 225-20 of the Act.
4.1.5 This
chapter requires that the Applicant for accreditation of the course of
study to be delivered in an Australian external Territory is a non self-accrediting
Higher education entity approved under these Guidelines, or is a non
self-accrediting Higher education entity approved to operate in another
Australian jurisdiction and seeking mutual recognition for a course to be
delivered in an Australian external Territory, or is a person, other than a natural
person, submitting the application for accreditation of the course of study in
conjunction with an application under these Guidelines for approval as a
non self-accrediting Higher education entity.
4.5.1 In
order to make an application to the Minister for accreditation of a
course of study leading to a higher education award in relation to an
Australian external Territory, an Applicant must make an application
through the Department as per paragraphs 2.5.1 to 2.5.10 above (see section
225-1 of the Act).
4.5.10 The
application must be complete and in the form approved by the Minister
and address the “evidence to be provided by initial Applicants” as set
out in section 18 of the “Guidelines for the Registration of Non
Self-Accrediting Higher Education Institutions and the Accreditation of their
Course/s” under the National Guidelines (in this chapter 4 of these Guidelines,
the National Guidelines for Registration of Non Self-Accrediting Higher
Education Institutions and the Accreditation of their Course/s).
4.10.1 As
part of the assessment process, the Minister will consider whether the Applicant
has demonstrated that the course of study will comply with the requirements of
section 18 of the National Guidelines for Registration of Non Self-Accrediting
Higher Education Institutions and the Accreditation of their Course/s.
4.10.5 If
an application is found to be incomplete following a preliminary assessment,
the Minister may request the information required from the Applicant
under the provisions of Chapter 8 of these Guidelines.
4.15.1 The
Minister may decide that an application that is incomplete does not have
sufficient merit to warrant a request for further information or that an
application that is complete does not have sufficient merit to warrant the
establishment of an assessment committee, and may refuse the application for
this reason. In either case, the Minister will, as soon as possible
after the Minister has made a decision, write to the Applicant to
provide reasons for the decision.
4.20.1 Where
the Minister considers that an application is complete and has
sufficient merit to warrant the establishment of an assessment committee, the Minister
will establish an assessment committee in accordance with paragraghs 11.4-11.10
of the National Guidelines for Registration of Non Self-Accrediting Higher
Education Institutions and the Accreditation of their Course/s to consider the
application and make recommendations to the Minister as to whether or not the Minister
should approve the application.
4.20.5 An assessment committee will consist of a minimum of three
members. The assessment committee members will be required to respect the
confidentiality of the Applicant’s application and will sign a
declaration to maintain confidentiality, to protect ownership of intellectual
property and to declare any conflicts of interest as per section 11.5 of the
National Guidelines for Registration of Non Self-Accrediting Higher Education
Institutions and the Accreditation of their Course/s.
4.20.10 Where
an assessment committee is to be established, the Applicant will be
formally consulted by the Department on the proposed membership of the
assessment committee. The Minister will ultimately determine the membership
of the assessment committee.
4.20.15 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 that case, the Minister will request the information
concerned under the provisions of Chapter 8 of these Guidelines.
4.30.1 The
Minister may accredit a particular course of study in relation to an
Australian external Territory if:
1. the Minister
is satisfied that the Applicant’s course of study should be accredited following
an assessment against the requirements for the accreditation of a higher
education course set out in section 18 of the National Guidelines for
Registration of Non Self-Accrediting Higher Education Institutions and the
Accreditation of their Course/s;
2. the Applicant
has complied with the requirements set out in these Guidelines;
3. the
principal purpose of the Applicant is to provide education and/or conduct
research or both.
4.25.5 In
deciding whether or not to accredit the Applicant’s course of study, the
Minister will have regard to the matters identified above, including the
offshore activities of the Applicant, recommendations made by the
assessment committee and recommendations made by the Department which may have
been based on information not submitted by the Applicant. The Minister
is not, however, bound by any recommendation made in the assessment committee’s
report.
4.30.1 If
the Minister decides to accredit a course of study, the Minister
will determine the period of the accreditation, which may be up to five years.
Successful Applicants wishing to continue to offer an accredited course
of study in an Australian external Territory will be required to apply for
approval to continue to offer that course of study in an Australian external
Territory in accordance with section 4.35 below.
4.30.5 Consistent
with paragraph 225-15(b) of the Act, the Minister may impose
conditions on the accreditation of the course of study.
4.30.10 In
addition to any conditions on accreditation applied under section 4.30.10
above, the Minister may require a successful Applicant to comply
with any or all of the post-approval processes specified in the National
Guidelines for Registration of Non Self-Accrediting Higher Education
Institutions and the Accreditation of their Course/s.
4.35.1 Consistent
with section 15 of the National Guidelines for Registration of Non
Self-Accrediting Higher Education Institutions and the Accreditation of their
Course/s, an Applicant may apply for approval to continue to offer a
course of study in an Australian external Territory.
4.35.5 The
process and timeline for re-accreditation are similar to those for
accreditation outlined above. Applications for re-accreditation must be
submitted to the Minister in time for the process for renewal of
approval to be completed before approval expires. Applicants operating
in more than one jurisdiction will also need to apply to the secondary
jurisdiction/s for a renewal of mutual recognition against the relevant
requirements in these Guidelines.
4.35.10 In
deciding whether or not to approve an entity to continue to offer a course of
study at the end of the initial period of accreditation, the Minister will
take into account matters covered by sections 17-19 of the National Guidelines for
Registration of Non Self-Accrediting Higher Education Institutions and the
Accreditation of their Course/s, including whether any conditions which were
imposed on the initial approval have been met.
4.40.1 If
the Minister decides to refuse an application for accreditation of a
course of study, the Minister will, as soon as possible after the
decision is made, write to the Applicant to provide reasons for the
decision.
4.45.1 Mutual
Recognition across jurisdictions will be in accordance with sections 12 and
19, of the National Guidelines for Registration of Non Self-Accrediting Higher
Education Institutions and the Accreditation of their Course/s.
5.1.1 The
purposes of this chapter are to:
1. Set
out the information which must accompany an application to the Minister by a person,
other than a natural person, for approval as a self-accrediting Higher
education entity in relation to an Australian external Territory, for the
purposes of section 225-1(1)(a)(ii) of the Act; and
2. Specify
matters to which the Minister will have regard in deciding whether or
not to approve a person, other than a natural person, as a self-accrediting Higher
education entity for the purpose of paragraph 225-5 of the Act and
in relation to amending or revoking a person’s approval as a self-accrediting Higher
education entity under paragraph 225-20(3) of the Act.
5.5.1 In
order to make an application to the Minister for approval as a self-accrediting
entity in relation to an Australian external Territory, an Applicant
must make an application through the Department as per paragraphs 2.5.1 to
2.5.10 above (see section 225-1 of
the Act).
5.5.10 The
application must be complete and in the form approved by the Minister and
address the “evidence to be provided by initial Applicants” as set out
in section 20 of the “Guidelines for Awarding
Self-Accrediting Authority to Higher Education Institutions other than
Universities” under the National Guidelines (in this chapter 5 of
these Guidelines, the National Guidelines for Awarding Self-Accrediting
Authority to Higher Education Institutions other than Universities).
5.10.1 As
part of the assessment process, the Minister will consider whether the Applicant
has demonstrated that it will comply with the requirements of section 20 of the
National Guidelines for Awarding Self-Accrediting Authority to Higher Education
Institutions other than Universities, as relevant and appropriate to the Applicant.
5.10.5 If
an application is found to be incomplete following a preliminary assessment,
the Minister may request the information required from the Applicant
under the provisions of Chapter 8 of these Guidelines.
5.15.1 The
Minister may decide that an application that is incomplete does not have
sufficient merit to warrant a request to the Applicant for further
information or that an application that is complete does not have sufficient merit
to warrant the establishment of an assessment committee, and may refuse the
application for this reason. In either case, the Minister will, as soon
as possible after the Minister has made a decision, write to the Applicant
to provide reasons for the decision.
5.20.1 Where
the Minister considers that an application is complete and has
sufficient merit to warrant the establishment of an assessment committee, the Minister
will establish an assessment committee in accordance with sections 11.4-11.10
of the National Guidelines for Awarding Self-Accrediting Authority to Higher
Education Institutions other than Universities to consider the application and
make recommendations to the Minister as to whether or not the Minister
should approve the application.
5.20.5 An
assessment committee will consist of a minimum of three members. Members of the assessment committee
will be required to keep the information provided by an Applicant in respect
of the Applicant’s application confidential and will sign a
declaration to maintain confidentiality, to protect ownership of intellectual
property and to declare any conflicts of interest as per section 11.5 of the
National Guidelines for Awarding Self-Accrediting Authority to Higher Education
Institutions other than Universities.
5.20.10 Where
an assessment committee is to be established, the Applicant will be
formally consulted by the Department on the proposed membership of the
assessment committee. The Minister will ultimately determine the membership
of the assessment committee.
5.20.15 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 that case, the Minister will request the
information concerned under the provisions of Chapter 8 of these Guidelines.
5.25.1 The
Minister may approve an Applicant as a self-accrediting Higher
education entity in relation to an Australian external Territory if:
1. the Minister
is satisfied that the Applicant should be approved following an
assessment against the requirements set out in section 20 of the National
Guidelines for Awarding Self-Accrediting Authority to Higher Education
Institutions other than Universities;
2. the Applicant
has complied with the requirements set out in these Guidelines;
3. the
principal purpose of the Applicant is to provide education and/or conduct
research or both.
5.25.5 In
deciding whether or not to approve the Applicant as a self-accrediting Higher
education entity, the Minister will have regard to the matters
identified above, including the offshore activities of the Applicant,
recommendations made by the assessment committee and recommendations made by
the Department which may have been based on information not submitted by the Applicant.
The Minister is not, however, bound by any recommendation made in the assessment
committee’s report.
5.30.1 If
the Minister decides to approve the Applicant as a self-accrediting
Higher education entity, the Minister will determine the period
of the approval, which may be up to five years. Successful Applicants
wishing to continue to operate in an Australian external Territory will be
required to apply for approval to continue to operate as a self-accrediting Higher
education entity in an Australian external Territory in accordance with
section 5.40 below.
5.30.5 Consistent
with subsection 225-5(2) of the Act and section 11.10 of the National
Guidelines for Awarding Self-Accrediting Authority to Higher Education
Institutions other than Universities, the Minister may impose limitations
on the authority of an Applicant to accredit its courses of study in
relation to an external Territory.
5.30.10 Consistent
with paragraph 225-15(b) of the Act, the Minister may impose
conditions on the approval of a self-accrediting entity. The Minister may
require a successful Applicant to comply with any or all of the
post-approval processes specified in sections 13-19 of the National Guidelines for
Awarding Self-Accrediting Authority to Higher Education Institutions other than
Universities, including:
1. annual
reporting;
2. external
quality audit;
3. notification
of changes to the organisation of or courses offered by the Applicant during
the approval period;
4. renewing
or extending approval or self-accrediting authority.
5.35.1 Consistent
with section 16 of the National Guidelines for Awarding Self-Accrediting
Authority to Higher Education Institutions other than Universities, a Higher
education entity that is a self-accrediting entity may apply for an
extension of its self-accrediting scope.
5.35.5 The
Minister will, on receiving an application for extension of an
institution’s self-accrediting scope, follow a process that is similar to that
for the approval of a person as a self-accrediting entity described above. The Minister
will, in such a case, consider and either approve, approve subject to limitations
and/or conditions, or reject the application. The Minister will, as soon
as possible after he or she has made a decision, write to the Applicant
to provide reasons for the decision.
5.40.1 Consistent
with section 18 of the National Guidelines for Awarding Self-Accrediting
Authority to Higher Education Institutions other than Universities, an Applicant
may apply for approval to continue to operate as a self-accrediting Higher
education entity in an Australian external Territory.
5.40.5 The
process and timeline for approval to continue to operate as a self-accrediting Higher
education entity in an Australian external Territory are similar to those
for approval outlined above. Applications for renewal of approval must be
submitted to the Minister in time for the process for renewal of approval to be
completed before approval expires. Applicants operating in more than
one jurisdiction will also need to apply to the secondary jurisdiction/s for a
renewal of mutual recognition against the relevant requirements in these Guidelines.
5.40.10 In
deciding whether or not to approve an entity to continue to operate as a self-accrediting
Higher education entity at the end of the initial period of approval,
the Minister will take into account matters specified in section 20 of
the National Guidelines for Awarding Self-Accrediting Authority to Higher
Education Institutions other than Universities, including whether any
conditions which were imposed on the initial approval have been met.
5.45.1 If the Minister decides to refuse an application for
approval as a self-accrediting Higher education entity, the Minister
will, as soon as possible after the decision is made, write to the Applicant
to provide reasons for the decision.
5.50.1 Mutual
Recognition across jurisdictions will be in accordance with section 12 of
the National Guidelines for Awarding Self-Accrediting Authority to Higher
Education Institutions other than Universities.
6.1.1 The
purposes of this chapter are to:
1. Set
out the information which must accompany an application to the Minister by a person,
other than a natural person, for approval as a university in relation to an
Australian external Territory, for the purposes of paragraph 225-1(1)(a)(i) of
the Act; and
2. Specify
matters to which the Minister will have regard in deciding whether or
not to approve a person, other
than a natural person, as a university under section 225-3 of the Act
and in relation to amending or revoking a person’s approval as a university in
relation to an Australian external Territory or their approval to use a word or
words, for the purposes of sections 225-20(1) and (2) of the Act.
6.5.1 In
order to make an application to the Minister for approval as a university in
relation to an Australian external Territory, an Applicant must make an
application through the Department as per paragraphs 2.5.1 to 2.5.10 of Chapter
2 above (see section 225-1 of the Act).
6.5.5 The
application must be complete and in the form approved by the Minister
and address the “evidence to be provided by initial Applicants” as set
out in sections 16-19 of the “Guidelines for Establishing Australian
Universities” under the National Guidelines (in this chapter 6 of these Guidelines,
the National Guidelines for Establishing Australian Universities).
6.10.1 As
part of the assessment process, the Minister will consider whether the Applicant
has demonstrated that it will comply with the requirements of sections 16-19 of
the National Guidelines for Establishing Australian Universities, as relevant
and appropriate to the Applicant.
6.10.5 If
an application is found to be incomplete following a preliminary assessment,
the Minister may, pursuant to Chapter 8 of these Guidelines,
request the Applicant to provide further information.
6.15.1 The
Minister may decide that an application that is incomplete does not have
sufficient merit to warrant a request to the Applicant for further
information or that an application that is complete does not have sufficient
merit to warrant the establishment of an assessment committee, and may refuse the
application for this reason. In either case, the Minister will, as soon
as possible after the Minister has made a decision, write to the Applicant
to provide reasons for the decision.
6.20.1 Where
the Minister considers that an application is complete and has
sufficient merit to warrant the establishment of an assessment committee, the Minister
will establish an assessment committee in accordance with sections 10.5-10.10
of the National Guidelines for Establishing Australian Universities to consider
the application and make recommendations to the Minister as to whether
or not the Minister should approve the application.
6.20.5 An
assessment committee will consist of a minimum of three members. In accordance
with section 10.6 of the National Guidelines for Establishing Australian
Universities, the committee members will be required to keep the information
provided by an Applicant in respect of the Applicant’s
application confidential and will sign a declaration to maintain
confidentiality, to protect ownership of intellectual property and to declare
any conflicts of interest.
6.20.10 Where
an assessment committee is to be established, the Applicant will be
formally consulted by the Department on the proposed membership of the
assessment committee. The Minister will ultimately determine the membership
of the assessment committee.
6.20.15 The
duties of the assessment committee, including notifying the public about the
proposed university and undertaking consultation with interested persons in
accordance with section 10.4 of the National Guidelines for Establishing
Australian Universities, are as follows;
a. preparation
of a description statement which briefly describes the proposed university.
This description statement must be published by the Department via the
Department’s website;
b. ensuring
that a consultation version of the Applicant’s submission is prepared
and made available to interested persons via the Department’s website;
6.20.20 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 that case the Minister will request the
information concerned under the provisions of Chapter 8 of these Guidelines.
6.25.1 The
Minister may approve an Applicant as a university in relation to
an Australian external Territory if:
1. the Minister
is satisfied that the Applicant should be approved following an assessment against
the requirements for the recognition of universities set out in sections 17-19
of the National Guidelines for Establishing Australian Universities;
2. the Applicant
has complied with the requirements set out in these Guidelines;
3. the
principal purpose of the Applicant is to provide education and/or to conduct
research or both.
6.25.5 The
Minister may approve an Applicant as a university in relation to
an Australian external Territory with one of the following kinds of titles in
accordance with section 10.11 of the National Guidelines for Establishing
Australian Universities:
1. An
unmodified university title where the Applicant meets all requirements
of sections 16 and 17 of the National Guidelines for Establishing Australian
Universities;
2. A
modified university title for a specialised university that meets all
requirements of sections 16 and 18 of the National Guidelines for Establishing
Australian Universities;
3. A university
college title where the Applicant meets all requirements of sections 16
and 19 of the National Guidelines for Establishing Australian Universities.
6.25.10 In
deciding whether or not to approve the Applicant as a university, the Minister
will have regard to the matters identified above, including the offshore
activities of the Applicants, recommendations made by the assessment
committee and recommendations made by the Department which may have been based
on information not submitted by the Applicant. The Minister is
not, however, bound by any recommendation made in the assessment committee’s
report.
6.30.1 If
the Minister decides to approve the Applicant as a university,
the Minister will determine the period of the approval, which is
generally anticipated to be five years in the first instance. Successful Applicants
wishing to continue to operate in an Australian external Territory will be
required to apply for approval to continue to operate as a university with a
specified kind of university title in an Australian external Territory in
accordance with section 6.40 below.
6.30.5 Consistent
with paragraph 225-15(b) of the Act, the Minister may impose
conditions on the approval of an Applicant as a university. The conditions
that may be imposed include:
1. a modified
university title in accordance with paragraph 6.25.5 above and
section 10.11 of the National Guidelines for Establishing Australian
Universities;
2. a period
of sponsorship or mentoring by an established Australian university;
3. oversight
by a high level committee;
4. a
limitation on establishing additional campuses for a specified period.
6.35.1 In
addition to any conditions on approval applied under paragraph 6.30.10 above,
the Minister may require the Applicant to comply with any or all
of the post-approval processes specified in sections 11-14 of the National
Guidelines for Establishing Australian Universities, including:
1. annual
reporting;
2. external
quality audit;
3. notification
of changes to the organisation of or courses offered by the Applicant during
approval period;
4. renewing
approval or moving from a university college to a university.
6.40.1 Consistent
with section 14 of the National Guidelines for Establishing Australian
Universities, an Applicant may apply for approval to continue to operate
as a university with the specified kind of university title in an Australian
external Territory.
6.40.5 The
process and timeline for approval to continue to operate as a university with
the specified kind of university title in an Australian external Territory are
similar to those for approval outlined above. Applications for renewal of
approval must be submitted to the Minister in time for the process for renewal
of approval to be completed before approval expires.
6.40.10 In
deciding whether or not to approve an entity to continue to operate as a university
with the specified kind of university title at the end of the initial period of
accreditation, the Minister will take into account matters identified in
sections 16-19 of the
National Guidelines for Establishing Australian Universities, including whether
any conditions which were imposed on the initial approval have been met.
6.40.15 Consistent
with section 14 of the National Guidelines for Establishing Australian
Universities, an Applicant may apply for approval to move from operating
as a university college to operating as a university in an Australian external
Territory.
6.40.20 The
process and timeline for approval to move from operating as a university
college to operating as a university in an Australian external Territory are
similar to those for approval outlined above. Applications for approval to
move from operating as a university college to operating as a university must
be submitted to the Minister in time for the process for renewal of approval to
be completed before the approval to operate as a university college expires.
6.40.25 In
deciding whether or not to approve an entity to move from operating as a university
college to operating as a university at the end of the initial period of
accreditation, the Minister will take into account matters identified in
sections 16-19 of the National Guidelines for Establishing Australian
Universities, including whether any conditions which were imposed on the
initial approval have been met.
6.45.1 If
the Minister decides to refuse an application for approval as a university,
the Minister will, as soon as possible after the decision is made, write
to the Applicant to provide reasons for the decision.
7.1.1 The
purposes of this chapter are to:
1. Set
out the information which must accompany an application to the Minister by an Overseas
higher education institution for approval to operate as a Higher
education entity in relation to an Australian external Territory, for the
purposes of subsection 225-1(1) of the Act; and
2. Specify
matters to which the Minister will have regard in deciding whether or
not to approve an Overseas higher education institution to operate as a Higher
education entity in an Australian external Territory for the purposes of
sections 225-3, 225-5 or 225-7 of the Act or to accredit a particular
course of study under section 225-10 of the Act and in relation to
amending or revoking an approval or accreditation under section 225-20 of the Act.
7.5.1 In
order to make an application to the Minister for approval as an overseas Higher
education entity in relation to an Australian external Territory, an Applicant
must make an application through the Department as per paragraphs 2.5.1 to
2.5.10 of Chapter 2 above.
7.5.5 The
application must be complete and in the form approved by the Minister
and address the “evidence to be provided by initial Applicants” as set
out in sections 17-19 of the “Guidelines for Overseas Higher Education
Institutions Seeking to Operate in Australia” under the National Guidelines
(in this chapter 7 of these Guidelines, the National Guidelines for
Overseas Higher Education Institutions Seeking to Operate in Australia).
7.10.1 As
part of the assessment process, the Minister will consider whether the Applicant
has demonstrated that it will comply with the requirements of sections 17-19 of
the National Guidelines for Overseas Higher Education Institutions Seeking to
Operate in Australia, as relevant and appropriate to the Applicant. In
particular, the Minister will consider whether the Applicant has
complied with sections 18.2, 18.3 and 18.4 of the National Guidelines for
Overseas Higher Education Institutions Seeking to Operate in Australia
regarding protection of students, contribution to higher education in Australia
and quality assurance.
7.10.5 If
an application is found to be incomplete following a preliminary assessment,
the Minister may, pursuant to Chapter 8 of these Guidelines, request
the applicant to provide further information.
7.15.1 The
Minister may decide that an application that is incomplete does not have
sufficient merit to warrant a request to the Applicant for further
information or that an application that is complete does not have sufficient
merit to warrant the establishment of an assessment committee, and may refuse the
application for this reason. In either case, the Minister will, as soon
as possible after the Minister has made a decision, write to the Applicant
to provide reasons for the decision.
7.20.1 Where
an application is found to be complete following a preliminary assessment, the Minister
may establish an assessment committee in accordance with sections 10.6-10.10 of
the National Guidelines for Overseas Higher Education Institutions Seeking to
Operate in Australia to consider the application and make recommendations to the
Minister as to whether or not it should be approved.
7.20.5 An
assessment committee will consist of a minimum of three members. Members of
the assessment committee will be required to keep the information provided by
an Applicant in respect of the Applicant’s application
confidential and will sign a declaration to maintain confidentiality, to
protect ownership of intellectual property and to declare any conflicts of
interest as per section 10.6 of the National Guidelines for Overseas Higher
Education Institutions Seeking to Operate in Australia.
7.20.10 Where
an assessment committee is to be established, the Applicant will be
formally consulted by the Department on the proposed membership of the
assessment committee. The Minister will ultimately determine the membership
of the assessment committee.
7.20.15 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 that case, the Minister will request the information
concerned under the provisions of Chapter 8 of these Guidelines.
7.25.1 The
Minister may approve an Applicant to operate as a higher
education institution in relation to an Australian external Territory if:
1. the Minister
is satisfied that the Applicant should be approved following an
assessment against the requirements set out in sections 17-19 of the National
Guidelines for Overseas Higher Education Institutions Seeking to Operate in
Australia;
2. the Applicant
has complied with the requirements set out in these Guidelines;
3. the
principal purpose of the Applicant is to provide education and/or to
conduct research or both.
7.25.1 In
deciding whether or not to approve the Applicant to operate as a higher
education institution in an Australian external Territory, the Minister will
have regard to the matters identified above, including the offshore activities
of the Applicant, recommendations made by the assessment committee and recommendations
made by the Department which may have been based on information not submitted
by the Applicant. The Minister is not, however, bound by any
recommendation made in the assessment committee’s report.
7.30.1 If
the Minister decides to approve the Applicant to operate as a
higher education institution in an Australian external Territory, the Minister
will determine the period of the approval, which may be up to five years. Successful
Applicants wishing to continue to operate in an Australian external
Territory will be required to apply for approval to continue to operate as an Overseas
higher education institution in an Australian external Territory in
accordance with paragraph 7.35 below.
7.30.5 Consistent
with paragraph 225-15(b) of the Act and section 10.11 of the National
Guidelines for Overseas Higher Education Institutions Seeking to Operate in
Australia, the Minister may impose conditions on the approval of an Applicant
to operate as an Overseas higher education institution in an Australian
external Territory.
7.30.10 In
addition to any conditions on approval applied under paragraph 7.30.10 above,
the Minister may require a successful Applicant to comply with
any or all of the post-approval processes specified in sections 12-15 of the National
Guidelines for Overseas Higher Education Institutions Seeking to Operate in
Australia, including:
1. annual
reporting;
2. amendment
and/or revocation;
3. notification
of changes to the organisation of or courses offered by the Applicant during
approval period;
4. renewing
or extending approval or authority.
7.35.1 Consistent
with section 15 of the National Guidelines for Overseas Higher Education
Institutions Seeking to Operate in Australia, an Applicant may apply for
approval to continue to operate an Overseas higher education institution
in an Australian external Territory.
7.35.5 The
process and timeline for approval to continue to operate as an Overseas
higher education institution in an Australian external Territory are similar
to those for approval outlined above. Applications for renewal of approval
must be submitted to the Minister in time for the process for renewal of
approval to be completed before approval expires.
7.35.10 In
deciding whether or not to approve an Overseas higher education institution
to continue to operate as an Overseas higher education institution at
the end of the initial period of approval, the Minister will take into
account matters identified in sections 17-19 of the National Guidelines for
Overseas Higher Education Institutions Seeking to Operate in Australia
including whether any conditions which were imposed on the initial approval
have been met.
7.40.1 If
the Minister decides to refuse an application for approval to operate as
an Overseas higher education institution in an Australian external
Territory, the Minister will, as soon as possible after the decision is
made, write to the Applicant to provide reasons for the decision.
7.45.1 Mutual
Recognition across jurisdictions will be in accordance with section 11 of
the National Guidelines for Overseas Higher Education Institutions Seeking to
Operate in Australia.
8.1.1 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 Higher
education entity or for accreditation of a course of study in relation to
an Australian external Territory, for the purposes of paragraph 225-1(3)(a) of
the Act.
8.5.1 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.
8.5.5 The
Minister may require further information from an Applicant on one
or more occasions.
8.10.1 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.
8.10.5 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.
8.15.1 If
the Applicant is unable to provide the information or all of the
information requested by the date specified in the notice, 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 to
by the Minister.
9.1.5 The
purpose of this chapter is to identify the circumstances in which a person who
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)
9.5.1 Division
228 of the Act creates offences and sets out penalties for those
offences where:
1.
persons without accreditation operate as universities or other providers
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).
9.10.1 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.
Act means the
Higher Education Support Act 2003.
Applicant means a
person, other than a natural person, who, in relation to an external Territory,
applies under section 225-1 of the Act to the Minister for approval as a
university, or to operate as a self-accrediting entity or as a non
self-accrediting entity, or for the accreditation of courses of study leading
to higher education awards.
Fit and Proper Person means
a person who meets the requirements of the Fit and Proper Person Guideline at
Appendix 3 of each of the National Guidelines.
Guidelines means
these Higher Education in External Territories Guidelines.
Higher education entity means
the same in these guidelines as Higher education institution
means in the National Guidelines.
Minister means the
Minister for Education, Employment and Workplace
Relations or her delegate.
Mutual Recognition
means the approval by one jurisdiction (the ‘secondary’ jurisdiction) based on
registration of an institution and accreditation of its course/s by another
jurisdiction (the ‘primary’ jurisdiction).
National Guidelines means
the National Guidelines for Higher Education Approval Processes (approved October
2007 by MCEETYA) and available at http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html.
National Protocols means
the revised National Protocols for Higher Education Approval Processes (approved
October 2007) by MCEETYA and available at http://www.mceetya.edu.au/mceetya/national_protocols_for_higher_education_mainpage,15212.html.
Overseas Higher Education
Institution means a university or other recognised higher education
institution whose legal origin is in a country or countries other than Australia.
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.