{"id":"nsw:act-2001-102","name":"Higher Education Act 2001","slug":"higher-education-act-2001","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"102 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105157,"registerId":"nsw-act-2001-102-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Higher Education Act 2001](/view/html/inforce/current/act-2001-102).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\n> > \n> > Australian higher education institution means an education institution that is registered as an Australian higher education institution under Division 1 of Part 2.\n> > \n> > Australian institution means:\n> > \n> > > (a) a company (including a foreign company) that is registered under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or\n> > \n> > > (b) any other body corporate constituted in Australia, or\n> > \n> > > (c) an unincorporated body of persons associated together in Australia, or\n> > \n> > > (d) any other institution established in Australia.\n> > \n> > Australian university means an education institution listed in Part 1 or 2 of Schedule 1.\n> > \n> > degree includes a degree of any kind, including an associate degree and, in particular, the degrees of doctor, master and bachelor.\n> > \n> > degree course means a course of study that leads to a degree.\n> > \n> > Department means the Department of Education.\n> > \n> > education institution means:\n> > \n> > > (a) a company (including a foreign company) that is registered under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or\n> > \n> > > (b) any other body corporate constituted in Australia,\n> > \n> > that provides or proposes to provide courses of study.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > higher education course means a course of study that leads to a higher education qualification.\n> > \n> > higher education qualification means:\n> > \n> > > (a) a degree, or\n> > \n> > > (b) a post-graduate qualification, or\n> > \n> > > (c) a diploma or advanced diploma.\n> > \n> > National Code means the code established under Part 4 of the Commonwealth Act, as amended from time to time.\n> > \n> > National Protocols means the National Protocols for Higher Education Approval Processes (as approved by the Ministerial Council on Education, Employment, Training and Youth Affairs on 7 July 2006), as in force from time to time, and includes any guidelines established under those Protocols.\n> > \n> > overseas higher education institution means an education institution that is registered as an overseas higher education institution under Division 1 of Part 2.\n> > \n> > overseas student has the same meaning as it has in the Commonwealth Act.\n> > \n> > overseas university means an education institution that is registered as an overseas university under Division 1 of Part 2.\n> > \n> > post-graduate course means a course of study that leads to a post-graduate qualification.\n> > \n> > post-graduate qualification means:\n> > \n> > > (a) any qualification that is described as a graduate diploma or a graduate certificate, or\n> > \n> > > (b) any other qualification (other than a degree) that is declared by the regulations to be a post-graduate qualification,\n> > \n> > but does not include a graduate diploma or graduate certificate awarded in connection with a person’s successful completion of a VET accredited course within the meaning of the [National Vocational Education and Training Regulator Act 2011](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Secretary means the Secretary of the Department.\n> > \n> > the Commonwealth Act means the [Education Services for Overseas Students Act 2000](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (2) For the purposes of this Act:\n> > \n> > > (a) a person represents that a state of affairs exists if the person does or says anything, or causes or allows anything to be done or said, by which it is represented, or by which a belief may be induced, that the state of affairs exists, and\n> > \n> > > (b) a person provides a course of study if the person enrols or registers students to undertake such a course, provides face-to-face instruction in connection with such a course or provides distance education facilities for the conduct of such a course (for example, facilities for students to undertake such a course by means of post, facsimile or electronic mail).\n> \n> **s 3:** Am 2005 No 100, Sch 3.9; 2008 No 14, Sch 1 \\[1\\]; 2010 No 131, Sch 2.5; 2017 No 22, Sch 4.23 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Australian universities","content":"#### 4 Australian universities\n\n4 Australian universities\n\n> > (1) On the recommendation of the Minister, the Governor may, by proclamation published on the NSW legislation website, amend Schedule 1 so as:\n> > \n> > > (a) to include the name of an education institution in Part 1 or 2 of that Schedule, or\n> > \n> > > (b) to vary the name of an education institution listed in Part 1 or 2 of that Schedule as a consequence of any change in its corporate name, or\n> > \n> > > (c) to omit the name of an education institution from Part 1 or 2 of that Schedule.\n> \n> > (2) A recommendation to include the name of an education institution in Part 1 of Schedule 1 may be given only in relation to an education institution that is established or recognised as a university:\n> > \n> > > (a) by an Act of the Commonwealth, or\n> > \n> > > (b) by an Act of this or some other State or Territory.\n> \n> > (3) A recommendation to omit the name of an education institution from Part 1 of Schedule 1 may be given only in relation to an education institution that is no longer established or recognised as a university by an Act referred to in subsection (2) (a) or (b).\n> \n> > (4) In deciding whether to make a recommendation:\n> > \n> > > (a) to include the name of an education institution in Part 2 of Schedule 1, or\n> > \n> > > (b) to vary the name of an education institution listed in Part 2 of Schedule 1, or\n> > \n> > > (c) to omit the name of an education institution from Part 2 of Schedule 1,\n> > \n> > the Minister must have regard to the National Protocols, any guidelines made for the purposes of section 19 (1) (a) and any regulations made for the purposes of section 25 (1) (a).\n> \n> > (5) A proclamation is not invalid only because of a failure of the Minister to comply with the requirements of subsection (4).\n> \n> **s 4:** Subst 2008 No 14, Sch 1 \\[2\\]. Am 2009 No 56, Sch 4.28.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration, accreditation and approvals","content":"# Part 2 Registration, accreditation and approvals\n\nPart 2 Registration, accreditation and approvals","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Registration of higher education institutions","content":"## Division 1 Registration of higher education institutions\n\nDivision 1 Registration of higher education institutions","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Registration of higher education institutions and overseas universities","content":"#### 5 Registration of higher education institutions and overseas universities\n\n5 Registration of higher education institutions and overseas universities\n\n> > (1) On the application of an education institution, the Secretary may register the institution:\n> > \n> > > (a) as an Australian or overseas higher education institution, or\n> > \n> > > (b) if the Minister so approves, as an overseas university.\n> \n> > (2) An approval referred to in subsection (1) (b) may be given only if the Minister is satisfied that the education institution will be able to operate in New South Wales to a standard no lower than that of Australian universities.\n> \n> > (3) An education institution is to be registered as an overseas university or higher education institution only if it operates as a university or higher education institution in its country of origin.\n> \n> > (4) An education institution is not eligible to be registered under this section as an Australian higher education institution unless at least one course of study is accredited in relation to the institution as a higher education course under Division 2.\n> \n> > (5) Registration may be unconditional or subject to such conditions as the Secretary determines.\n> \n> > (5A) In deciding whether to register an education institution, or what conditions to impose on its registration, the Secretary must have regard to the National Protocols.\n> \n> > (6) An education institution’s registration must be reviewed by the Secretary at intervals of not more than 5 years.\n> \n> **s 5:** Am 2008 No 14, Sch 1 \\[3\\] \\[4\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Variation, suspension and cancellation of registration","content":"#### 6 Variation, suspension and cancellation of registration\n\n6 Variation, suspension and cancellation of registration\n\n> > (1) The Secretary may at any time:\n> > \n> > > (a) suspend or cancel an education institution’s registration, or\n> > \n> > > (b) vary or revoke any condition to which an education institution’s registration is subject, or\n> > \n> > > (c) impose additional conditions on an education institution’s registration.\n> \n> > (2) The Secretary may suspend or cancel an education institution’s registration only on one or more of the following grounds:\n> > \n> > > (a) that the institution requests the suspension or cancellation,\n> > \n> > > (b) that the institution no longer exists,\n> > \n> > > (c) that the institution has contravened this Act, the regulations or a condition of its registration,\n> > \n> > > (d) that there is no longer any course of study accredited in relation to the institution under Division 2.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Accreditation of higher education courses","content":"## Division 2 Accreditation of higher education courses\n\nDivision 2 Accreditation of higher education courses","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Accreditation of higher education courses","content":"#### 7 Accreditation of higher education courses\n\n7 Accreditation of higher education courses\n\n> > (1) On the application of an education institution that is:\n> > \n> > > (a) an overseas university or an Australian or overseas higher education institution, or\n> > \n> > > (b) an applicant for registration as an overseas university or as an Australian or overseas higher education institution,\n> > \n> > the Secretary may accredit any course of study to be provided by the institution as a higher education course or may authorise the institution to accredit any such course.\n> \n> > (1A) In deciding whether to authorise an education institution to accredit any courses to be provided by the institution, the Secretary must have regard to the National Protocols.\n> \n> > (2) A course of study may be accredited in relation to an education institution only if the Secretary or institution, as the case requires, is satisfied that the course complies with the requirements of the Australian Qualifications Framework.\n> \n> > (3) Accreditation may be unconditional or subject to such conditions as the Secretary or institution, as the case requires, determines.\n> \n> > (3A) In deciding whether to accredit a course of study, or what conditions to impose on its accreditation, the Secretary or institution, as the case requires, must have regard to the National Protocols.\n> \n> > (4) Accreditation of a course of study in relation to an education institution must be reviewed by the Secretary or institution, as the case requires, at intervals of not more than 5 years.\n> \n> > (5) In this section, Australian Qualifications Framework means the current edition of the document entitled Australian Qualifications Framework, as published by the Australian Qualifications Framework Advisory Board.\n> \n> **s 7:** Am 2008 No 14, Sch 1 \\[5\\]–\\[8\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Variation, suspension and cancellation of accreditation","content":"#### 8 Variation, suspension and cancellation of accreditation\n\n8 Variation, suspension and cancellation of accreditation\n\n> > (1) The Secretary may at any time:\n> > \n> > > (a) suspend or cancel the accreditation of a course of study in relation to an education institution, or\n> > \n> > > (b) vary or revoke any condition to which the accreditation of a course of study in relation to an education institution is subject, or\n> > \n> > > (c) impose additional conditions on the accreditation of a course of study in relation to an education institution.\n> \n> > (2) The Secretary may suspend or cancel the accreditation of a course of study in relation to an education institution only on one or more of the following grounds:\n> > \n> > > (a) that the institution requests the suspension or cancellation,\n> > \n> > > (b) that the institution no longer exists,\n> > \n> > > (c) that the institution has contravened this Act, the regulations, or a condition to which accreditation of the course is subject.","sortOrder":11},{"sectionNumber":"Division 3","sectionType":"division","heading":"Approval to provide courses of study to overseas students and delivery of courses overseas","content":"## Division 3 Approval to provide courses of study to overseas students and delivery of courses overseas\n\nDivision 3 Approval to provide courses of study to overseas students and delivery of courses overseas\n\n**pt 2, div 3, hdg:** Am 2002 No 53, Sch 2.17.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Secretary to be designated authority under Commonwealth Act","content":"#### 9 Secretary to be designated authority under Commonwealth Act\n\n9 Secretary to be designated authority under Commonwealth Act\n\n> For the purposes of the Commonwealth Act, the Secretary is the person responsible for approving providers to provide courses to overseas students in New South Wales.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Approval of courses provided by universities and higher education institutions","content":"#### 10 Approval of courses provided by universities and higher education institutions\n\n10 Approval of courses provided by universities and higher education institutions\n\n> > (1) On the application of an education institution that is:\n> > \n> > > (a) an Australian or overseas university, or\n> > \n> > > (b) an Australian or overseas higher education institution,\n> > \n> > the Secretary may approve the institution to provide specified courses of study to overseas students.\n> \n> > (2) An approval may be granted in respect of a course of study only if the Secretary is satisfied that the education institution complies with the relevant requirements of the National Code.\n> \n> > (3) In the case of an Australian university, the Secretary is to rely on a statement by the governing body of the university as to the university’s compliance with the relevant requirements of the National Code unless the Secretary has reason to believe that those requirements have not been complied with.\n> \n> > (4) An approval may be granted unconditionally or subject to such conditions as the Secretary determines.\n> \n> > (5) An approval under this Division must be reviewed by the Secretary at intervals of not more than 5 years.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Variation, suspension and cancellation of approval","content":"#### 11 Variation, suspension and cancellation of approval\n\n11 Variation, suspension and cancellation of approval\n\n> > (1) The Secretary may at any time:\n> > \n> > > (a) suspend or cancel an education institution’s approval, or\n> > \n> > > (b) vary or revoke any condition to which an education institution’s approval is subject, or\n> > \n> > > (c) impose additional conditions on an education institution’s approval.\n> \n> > (2) The Secretary may suspend or cancel an education institution’s approval only on one or more of the following grounds:\n> > \n> > > (a) that the institution requests the suspension or cancellation,\n> > \n> > > (b) that the institution no longer exists,\n> > \n> > > (c) that the institution has contravened this Act, the regulations or a condition to which the approval is subject,\n> > \n> > > (d) that the institution has failed to comply with a requirement of the National Code.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Delivery of courses overseas","content":"#### 12 Delivery of courses overseas\n\n12 Delivery of courses overseas\n\n> > (1) If an Australian university operates outside Australia, and issues higher education qualifications under its own name while so operating, the governing body of the university must ensure that the courses of study it provides while so operating are of a standard no lower than that of comparable courses provided by Australian universities within Australia.\n> \n> > (2) If a course of study is being delivered outside Australia on behalf of, or in the name of, an Australian university, and the organisation delivering the course issues higher education qualifications under the name of the university, the governing body of the university must ensure that:\n> > \n> > > (a) the quality and standards of the course are comparable with those of the course, as delivered by the university, and\n> > \n> > > (b) the staff delivering the course have qualifications equivalent to those held by persons delivering the course in Australia, and\n> > \n> > > (c) the organisation has appropriate financial and other arrangements in place to ensure successful delivery of the course.","sortOrder":16},{"sectionNumber":"Division 4","sectionType":"division","heading":"Offences","content":"## Division 4 Offences\n\nDivision 4 Offences","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Unlawful use of title “university”","content":"#### 13 Unlawful use of title “university”\n\n13 Unlawful use of title “university”\n\n> A person must not represent that an Australian institution is a university unless the institution is an Australian or overseas university.\n> \n> Maximum penalty: 200 penalty units.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Unlawful provision of higher education courses","content":"#### 14 Unlawful provision of higher education courses\n\n14 Unlawful provision of higher education courses\n\n> A person must not represent that an Australian institution provides any degree or post-graduate course, or is authorised to provide any degree or post-graduate course, unless:\n> \n> > (a) the institution is:\n> > \n> > > (i) an Australian or overseas university, or\n> > \n> > > (ii) an Australian or overseas higher education institution, and\n> \n> > (b) in the case of a course provided otherwise than by an Australian university:\n> > \n> > > (i) the course is accredited under Division 2 in relation to the institution, or\n> > \n> > > (ii) if the institution is an overseas university or higher education institution, the course is approved in accordance with the National Protocols.\n> \n> Maximum penalty: 200 penalty units.\n> \n> **s 14:** Am 2008 No 14, Sch 1 \\[9\\].","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Unlawful conferral of higher education qualifications","content":"#### 15 Unlawful conferral of higher education qualifications\n\n15 Unlawful conferral of higher education qualifications\n\n> > (1) A person must not represent that an Australian institution has conferred, or is authorised to confer, a degree or post-graduate qualification unless:\n> > \n> > > (a) the institution was or is, as the case requires:\n> > > \n> > > > (i) an Australian or overseas university, or\n> > > \n> > > > (ii) an Australian or overseas higher education institution, and\n> > \n> > > (b) the degree or post-graduate qualification was conferred or is authorised to be conferred, as the case requires, in connection with a person’s successful completion of:\n> > > \n> > > > (i) a higher education course, or\n> > > \n> > > > (ii) a thesis, dissertation or other body of research, and\n> > \n> > > (c) in the case of a degree or post-graduate qualification conferred, otherwise than by an Australian university, in connection with a person’s successful completion of a higher education course:\n> > > \n> > > > (i) the course was or is, as the case requires, accredited under Division 2 in relation to the institution, or\n> > > \n> > > > (ii) if the institution was or is an overseas university or higher education institution, the course was or is, as the case requires, approved in accordance with the National Protocols.\n> > \n> > Maximum penalty: 200 penalty units.\n> \n> > (2) Subsection (1) (b) and (c) do not apply to the conferral of honorary degrees:\n> > \n> > > (a) by an Australian or overseas university, or\n> > \n> > > (b) by any other education institution that the Minister may from time to time authorise to confer honorary degrees.\n> \n> **s 15:** Am 2008 No 14, Sch 1 \\[10\\].","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Provision of false or misleading information","content":"#### 16 Provision of false or misleading information\n\n16 Provision of false or misleading information\n\n> A person must not, in or in connection with any application under this Act, make any statement that the person knows to be false or misleading.\n> \n> Maximum penalty: 200 penalty units.","sortOrder":21},{"sectionNumber":"Division 5","sectionType":"division","heading":"Miscellaneous","content":"## Division 5 Miscellaneous\n\nDivision 5 Miscellaneous","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Administrative review of decisions","content":"#### 17 Administrative review of decisions\n\n17 Administrative review of decisions\n\n> An education institution that is aggrieved by any of the following decisions of the Secretary may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision:\n> \n> > (a) a decision to refuse the institution’s application for registration or approval, or for accreditation of a course of study, under this Part,\n> \n> > (b) a decision to impose conditions on the institution’s registration or approval, or on a course of study’s accreditation in relation to the institution, under this Part,\n> \n> > (c) a decision to suspend or cancel the institution’s registration or approval, or a course of study’s accreditation in relation to the institution, under this Part,\n> \n> > (d) a decision to vary the conditions of the institution’s registration or approval, or of a course of study’s accreditation in relation to the institution, under this Part.\n> \n> **s 17:** Am 2013 No 95, Sch 2.77.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Register of higher education institutions","content":"#### 18 Register of higher education institutions\n\n18 Register of higher education institutions\n\n> > (1) The Secretary must maintain a register (to be called the Register of Higher Education) in relation to:\n> > \n> > > (a) each education institution that is registered under Division 1, and\n> > \n> > > (b) each course of study that is accredited by the Secretary under Division 2 in relation to an education institution, and\n> > \n> > > (c) each education institution that is approved under Division 3 in relation to any course of study.\n> \n> > (2) The regulations may make provision for or with respect to:\n> > \n> > > (a) the particulars to be recorded in the register, and\n> > \n> > > (b) the manner and form in which the register is to be maintained.\n> \n> > (3) The Secretary is to cause the register to be made available free of charge to the public at the Department’s head office and on the Department’s website on the Internet.\n> \n> > (4) A certificate:\n> > \n> > > (a) that is signed by the Secretary, and\n> > \n> > > (b) that certifies that, on a specified date or during a specified period, the particulars contained in the register as to specified matters were as so specified,\n> > \n> > is admissible in any proceedings and is evidence of the matters so certified.\n> \n> **s 18:** Am 2008 No 14, Sch 1 \\[11\\].","sortOrder":24},{"sectionNumber":"Part 3","sectionType":"part","heading":"General provisions","content":"# Part 3 General provisions\n\nPart 3 General provisions","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Administrative guidelines","content":"#### 19 Administrative guidelines\n\n19 Administrative guidelines\n\n> > (1) The Minister may from time to time issue guidelines (not inconsistent with this Act, the regulations or the National Protocols) for or with respect to the following matters:\n> > \n> > > (a) the procedure for assessing a proposal to recommend the making of a proclamation under section 4 (1),\n> > \n> > > (b) the procedure for assessing a proposal for legislation to establish or recognise a university within New South Wales,\n> > \n> > > (c) the procedure for making an application for registration, accreditation or approval under this Act,\n> > \n> > > (d) the requirements to be satisfied by an applicant for registration, accreditation or approval under this Act,\n> > \n> > > (e) the procedure for assessing an application for registration, accreditation or approval under this Act,\n> > \n> > > (f) the conditions to be imposed on an education institution’s registration or approval, or on a course of study’s accreditation in relation to an education institution, under this Act, including conditions with respect to:\n> > > \n> > > > (i) the provision of statistical data and other information, and\n> > > \n> > > > (ii) the provision of access to the institution’s premises, records, documents and staff,\n> > \n> > > (g) the procedure for determining whether to vary, suspend or cancel an education institution’s registration or approval, or a course of study’s accreditation in relation to an education institution, under this Act,\n> > \n> > > (h) such other matters relevant to an education institution’s registration or approval, or to a course of study’s accreditation in relation to an education institution, under this Act as the Minister determines.\n> \n> > (2) In particular, the guidelines under this section must give effect to the National Protocols.\n> \n> > (3) It is the duty of any person involved in the administration of this Act to comply with the requirements of the guidelines under this section.\n> \n> **s 19:** Am 2008 No 14, Sch 1 \\[12\\].","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Appointment of advisory committees","content":"#### 20 Appointment of advisory committees\n\n20 Appointment of advisory committees\n\n> > (1) The Secretary may appoint advisory committees to assist in the administration of this Act.\n> \n> > (2) The constitution, functions and procedure of an advisory committee are to be as determined by the Secretary.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Delegation","content":"#### 21 Delegation\n\n21 Delegation\n\n> > (1) The Minister may delegate to any person any of the Minister’s functions under this Act, other than this power of delegation.\n> \n> > (2) The Secretary may delegate to any person any of the Secretary’s functions under this Act, other than a function delegated to the Secretary by the Minister and other than this power of delegation.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Recovery of fees","content":"#### 22 Recovery of fees\n\n22 Recovery of fees\n\n> Any fee payable under this Act may be recovered by the Crown as a debt in any court of competent jurisdiction.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Exclusion of personal liability","content":"#### 23 Exclusion of personal liability\n\n23 Exclusion of personal liability\n\n> An act or omission of:\n> \n> > (a) the Minister, or\n> \n> > (b) the Secretary, or\n> \n> > (c) any person acting under the direction of the Minister or Secretary,\n> \n> does not subject the Minister, the Secretary or person so acting personally to any action, liability, claim or demand if the act or omission was done, or omitted to be done, in good faith for the purpose of executing this Act or the regulations.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Act binds Crown","content":"#### 24 Act binds Crown\n\n24 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"#### 25 Regulations\n\n25 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following:\n> > \n> > > (a) the procedure for assessing a proposal to recommend the making of a proclamation under section 4 (1),\n> > \n> > > (b) the procedure for assessing a proposal for legislation to establish or recognise a university within New South Wales,\n> > \n> > > (c) the procedure for making an application for registration, accreditation or approval under this Act,\n> > \n> > > (d) the requirements to be satisfied by an applicant for registration, accreditation or approval under this Act,\n> > \n> > > (e) the procedure for assessing an application for registration, accreditation or approval under this Act,\n> > \n> > > (f) the conditions to be imposed on an education institution’s registration or approval, or on a course of study’s accreditation in relation to an education institution, under this Act, including conditions with respect to:\n> > > \n> > > > (i) the provision of statistical data and other information, and\n> > > \n> > > > (ii) the provision of access to the institution’s premises, records, documents and staff,\n> > \n> > > (g) the procedure for determining whether to vary, suspend or cancel an education institution’s registration or approval, or a course of study’s accreditation in relation to an education institution, under this Act,\n> > \n> > > (h) the fees payable under this Act, including the waiving, remittal, reduction and refund of any such fee,\n> > \n> > > (i) transitional arrangements arising from the suspension or cancellation of an education institution’s registration or approval, or of a course of study’s accreditation in relation to an education institution, under this Act.\n> \n> > (2) A regulation may make provision for or with respect to the exemption of any person or body from the operation of this Act, or any specified provision of this Act, either unconditionally or subject to conditions.\n> \n> **s 25:** Am 2008 No 14, Sch 1 \\[13\\] \\[14\\].","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Repeal of Higher Education Act 1988","content":"#### 26 Repeal of Higher Education Act 1988\n\n26 Repeal of [Higher Education Act 1988](/view/html/repealed/current/act-1988-012)\n\n> The [Higher Education Act 1988](/view/html/repealed/current/act-1988-012) is repealed.","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":null,"content":"#### 27\n\n27 (Repealed)","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 28 Savings and transitional provisions\n\n28 Savings and transitional provisions\n\n> Schedule 3 has effect.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Review of Act","content":"#### 29 Review of Act\n\n29 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":37},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Australian universities","content":"# Schedule 1 Australian universities\n\nSchedule 1 Australian universities\n\n(Sections 3 and 4)\n\n**sch 1:** Am 2008 No 14, Sch 1 \\[15\\]–\\[18\\]; 2009 No 56, Sch 2.23; 2015 No 15, Sch 4.4; 2016 No 27, Sch 3.","sortOrder":38},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2005 No 64, Sch 3.","sortOrder":41},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 3 Savings and transitional provisions\n\nSchedule 3 Savings and transitional provisions\n\n(Section 28)\n\n**sch 3:** Am 2008 No 14, Sch 1 \\[19\\].","sortOrder":42}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a regulatory framework for higher education providers in NSW. While it has been amended several times (notably in 2008 to incorporate the National Protocols), these amendments appear to refine and update the regulatory mechanism rather than expand the Act into new substantive areas. The core purpose—registering institutions, accrediting courses, and regulating the use of university titles—remains consistent with the original 2001 intent."},"complexity_factors":["Multiple overlapping regulatory layers: registration of institutions, accreditation of courses, and approval for overseas students (three separate approval tracks in Part 2)","Frequent cross-references to external documents (National Protocols, National Code, Australian Qualifications Framework, Corporations Act 2001, Education Services for Overseas Students Act 2000)","Nested definitions with multiple tiers (e.g., 'higher education qualification' includes degrees, post-graduate qualifications, and diplomas; 'degree' includes associate degrees, bachelor, master, doctor)","Conditional logic in offence provisions requiring multiple elements to be satisfied (sections 14 and 15 have multi-part tests with alternatives)","Distinction between Australian universities (Schedule 1), Australian higher education institutions (registered), and overseas institutions (registered under different criteria)","Dual pathways for accreditation: Secretary can accredit directly OR authorise institutions to self-accredit (section 7)","Savings and transitional provisions preserving approvals from the repealed 1988 Act"],"plain_english_summary":"This law sets up the rules for running universities and higher education courses in New South Wales. It covers three main things:\n\n**Who can call themselves a university**\n- Only institutions listed in the Act (like the University of Sydney or UNSW) or properly registered overseas universities can use the title \"university\"\n- The Governor can add new universities to the list, but only if they're established by an Act of Parliament (Part 1 of Schedule 1) or meet national standards (Part 2 of Schedule 1)\n\n**Registration and accreditation**\n- Education institutions must register with the Secretary of the Department of Education to operate as a higher education provider\n- They need separate accreditation for each course they want to teach (degrees, diplomas, postgraduate qualifications)\n- Both registration and accreditation must be reviewed at least every 5 years\n- The Secretary can impose conditions, or suspend/cancel registration if rules are broken\n\n**Overseas students**\n- Institutions need special approval to teach international students, and must follow the National Code (a set of rules protecting overseas students)\n- The Secretary acts as the local regulator for the Commonwealth's overseas student education scheme\n\n**Offences and penalties**\n- It's illegal to falsely claim an institution is a university (maximum penalty: 200 penalty units)\n- It's illegal to offer degrees or postgraduate courses without proper accreditation (same penalty)\n- It's illegal to hand out degrees without authority (same penalty)\n- Providing false information in applications is also an offence\n\n**Who this affects**\n- Universities, colleges, and private education providers in NSW\n- Students choosing where to study (the Act maintains a public register of approved institutions)\n- International students and the education agents who recruit them\n\n**Why it matters**\nThis law protects students from dodgy operators and ensures Australian qualifications are worth what they say they are. It stops random businesses from calling themselves \"universities\" or selling fake degrees."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaces the earlier Higher Education Act 1988 by repealing it (s 26) and carries existing approvals and accreditations into the new registration/accreditation/approval framework (Schedule 3, clauses 3–4). It establishes new statutory mechanics: a requirement that an institution must have at least one accredited course to be registered as an Australian higher education institution (s 5(4)); designation of the Secretary as the authority under the Commonwealth Act for overseas student approvals (s 9); and explicit five-year review intervals for registrations, accreditations and approvals (ss 5(6), 7(4), 10(5)). These are concrete changes to scope and process relative to the prior legislative regime as reflected in the Act’s repeal and transitional provisions."},"complexity_factors":["Multiple decision-makers with overlapping powers: Secretary, Minister, Governor (ss 4, 5, 7, 9, 10, 19).","Extensive administrative discretion to impose, vary, suspend or cancel registrations, accreditations and approvals (ss 6, 8, 11).","Frequent cross-references to external instruments that determine standards (National Protocols, National Code, Australian Qualifications Framework) (ss 4(4), 5(5A), 7(1A), 7(3A), 10(2), 19(2)).","Delegation of procedural and substantive detail to Ministerial guidelines and regulations, leaving many operational rules outside the Act (ss 19, 25).","Mandatory periodic reviews of registrations/accreditations/approvals and a statutory five-year review of the Act itself (ss 5(6), 7(4), 10(5), 29), creating recurring administrative processes.","Criminal/penalty provisions and recoverable fees, which introduce compliance and enforcement complexity (ss 13–16, 22, 25(1)(h)).","Public register obligations and admissible certification evidence rules that affect proof in proceedings (s 18).","Transitional arrangements and repeal of prior statute, requiring conversion of prior approvals into the new scheme (s 26; Schedule 3, cl 3–4)."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a registration, accreditation and approval system for higher education providers in New South Wales. It gives the Secretary of the Department of Education power to register institutions, accredit courses, and approve providers to teach overseas students (ss 5, 7, 10).\n- Defines key terms (for example: Australian higher education institution, Australian university, degree, higher education course) used throughout the Act (s 3).\n- Requires at least one course to be accredited before an institution can be registered as an Australian higher education institution (s 5(4)).\n- Makes the Secretary the designated authority for approving providers under the Commonwealth Education Services for Overseas Students Act 2000 for New South Wales (s 9).\n- Requires the Secretary (or authorised institutions) to review registrations, accreditations and approvals at intervals not more than five years (ss 5(6), 7(4), 10(5)).\n- Allows the Secretary to impose, vary, suspend or cancel registrations, accreditations and approvals on stated grounds, including contravention of the Act, regulations or conditions (ss 6, 8, 11).\n- Creates criminal/penalty offences for false representations about an institution being a university or being authorised to provide degrees or postgraduate courses, for unlawful conferral of qualifications, and for providing false or misleading information in applications (ss 13–16). Penalties are expressed in penalty units (ss 13–16).\n- Requires a public register of registered institutions, accredited courses and approved providers to be maintained and made freely available (s 18).\n- Gives the Minister power to issue administrative guidelines to govern procedures and requirements for registration/accreditation/approval, and directs administrators to comply with those guidelines (s 19).\n- Authorises the Governor to make regulations on procedural and substantive matters (including fees, conditions and transitional arrangements) (s 25). Fees under the Act may be recovered as a debt by the Crown (s 22).\n- Repeals the earlier Higher Education Act 1988 and provides transitional savings so existing approvals and accreditations continue under this Act (s 26; Schedule 3, clauses 3–4).\n\nWho this affects\n\n- Education institutions that provide or propose to provide higher education courses in New South Wales (defined as companies, bodies corporate or unincorporated bodies that provide courses) (s 3).\n- Universities (listed in Schedule 1), higher education institutions, and overseas institutions seeking to operate in New South Wales (ss 3, 4, 5).\n- Students and overseas students insofar as provider approvals, course accreditation and quality standards affect the courses available to them (ss 7, 10, 12).\n- The Department of Education and its Secretary, who make registration, accreditation and approval decisions, set conditions, maintain the public register and enforce the Act (ss 5, 7, 9, 18).\n\nWhy it matters (official purpose-claims, and an operational test)\n\n- Officially, the Act establishes a regulated framework to ensure that institutions and courses meet defined higher education standards, that overseas delivery meets comparable standards, and that representations about university status and qualifications are accurate (see ss 5(2), 7(2), 10(2), 12, 13–15).\n\nTesting those purpose-claims against mechanisms and trade-offs\n\n- Who decides and how much discretion they have: the Secretary has wide decision-making powers over registration, accreditation and approval and may attach conditions, review or cancel them (ss 5, 6, 7, 8, 10, 11). The Minister issues guidelines that administrators must follow (s 19). The Governor proclaims changes to Schedule 1 on the Minister’s recommendation (s 4). These provisions concentrate decision authority in public officials and allow delegated decision-making (s 21).\n\n- Compliance burden for providers: the Act allows conditions to require statistical data, access to premises, records and staff (s 19(1)(f); s 25(1)(f)). Accreditation requires satisfaction of the Australian Qualifications Framework (s 7(2)) and approvals for overseas students require compliance with the National Code (s 10(2)). Those requirements create ongoing administrative obligations for applicants and registered providers.\n\n- Costs, penalties and who pays: the Act contemplates fees (to be prescribed by regulation) and allows recovery of unpaid fees by the Crown as a debt (s 25(1)(h); s 22). Penalties apply for unlawful representations and false statements in applications (ss 13–16) — those are financial or criminal penalties expressed as penalty units.\n\n- Interaction with external instruments and delegated rules: the Act repeatedly requires administrators to have regard to or give effect to external instruments such as the National Protocols, the National Code and the Australian Qualifications Framework (ss 4(4), 5(5A), 7(1A), 7(3A), 10(2), s 19(2)). Procedural details, fees, exemptions and transitional arrangements are left to regulations and Ministerial guidelines (ss 19, 25), so many operational rules will be set outside the Act.\n\n- Legal remedies and limits on review: affected institutions can seek administrative review by the Civil and Administrative Tribunal against specified decisions of the Secretary (s 17). The Act also includes an exclusion of personal liability for acts or omissions done in good faith in executing the Act, which limits personal legal exposure for decision-makers (s 23).\n\n- Transitional change and scope shift: the Act repeals the 1988 Act and converts prior approvals into accreditations/approvals under the new scheme (s 26; Schedule 3, cl 3–4). That is a structural transfer of existing approvals into the new registration/accreditation framework.\n\nConcrete points about incentives and potential trade-offs (mechanisms, not value judgements)\n\n- Incentives for providers: to operate as an Australian higher education institution an entity must secure registration and have at least one accredited course (s 5(4)). That creates an incentive to prioritize meeting accreditation criteria and ongoing reporting obligations.\n- Administrative incentives and concentration of outcome power: the Secretary’s power to set conditions, and the Minister’s power to issue binding guidelines, mean administrative decisions shape market access (ss 5, 7, 19). The Act also allows proclamations amending Schedule 1 even if a Ministerial procedural requirement in s 4(4) has not been complied with (s 4(5)), which affects how procedural lapses are treated.\n- Potential substitution effects: the Act treats overseas delivery and overseas institutions explicitly, requiring comparable standards for offshore operations and approvals for courses taught to overseas students (ss 10, 12). That creates a mechanism through which offshore provision and onshore provision are both regulated but can involve different pathways (approval vs accreditation).\n\nImplementation risk and administrative discretion\n\n- Much of the operational detail is left to guidelines and regulations (ss 19, 25). That means the Act establishes the regulatory architecture while delegating significant technical content to non-legislative instruments and regulations.\n- The Secretary must review registrations and accreditations at set intervals (not more than five years) (ss 5(6), 7(4), 10(5)), creating recurring administrative workload and opportunities for regulatory action at review points.\n\nSummary of who pays, who decides, and what behaviour changes\n\n- Who pays: applicants and registered providers may pay fees prescribed by regulation; unpaid fees are recoverable as a debt by the Crown (s 25(1)(h); s 22). Penalties may be imposed for specified offences (ss 13–16).\n- Who decides: the Secretary makes primary registration, accreditation and approval decisions; the Minister issues administrative guidelines and recommends changes to Schedule 1 for proclamation by the Governor (ss 4, 5, 7, 9, 10, 19). The Governor makes formal proclamations (s 4).\n- Behaviour changes required: institutions must apply for registration, accreditation and approval where relevant (ss 5, 7, 10); maintain compliance with standards such as the Australian Qualifications Framework and the National Code (ss 7(2), 10(2)); comply with conditions imposed (ss 5(5), 7(3)); and avoid making unlawful representations about status or qualifications (ss 13–16).\n\nKey statutory citations: ss 1–4 (preliminary), ss 5–12 (registration, accreditation, approvals), ss 13–16 (offences), ss 17–25 (administration, review, guidelines, registers, regulations), s 26 and Schedule 3 (repeal and transitional provisions)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based solely on the information provided, no substantive change in scope is evident. The only recorded amendment is a machinery-of-government change replacing 'Director-General' with 'Secretary' throughout the Act — a purely administrative update that does not alter the Act's purpose, coverage, or regulatory reach."},"complexity_factors":["Only administrative metadata and version history were provided — no substantive legal provisions are present to analyse","The sole recorded amendment is a simple terminology substitution (Director-General replaced with Secretary), which is minimally complex","Multiple version changes over 16+ years suggest the underlying Act has been amended repeatedly, but the nature of those amendments is unknown from this document","The Act sits within a broader federal-state framework for higher education regulation, which can be complex in practice, but that context is not reflected in the provided text"],"plain_english_summary":"## NSW Higher Education Act 2001 — What You Need to Know\n\nThis is a **New South Wales state law** that governs higher education in NSW (think universities and other higher education providers operating within the state).\n\n**What this document actually shows us** is primarily the *administrative and version history* of the Act — not the full text of the legislation itself. The substantive provisions (the actual rules and requirements) are not reproduced here. What we can determine:\n\n- **Who it affects:** Universities, higher education institutions, students, and the NSW government agencies that oversee tertiary education in NSW.\n- **Who is responsible:** The **Minister for Skills, TAFE and Tertiary Education** administers this Act.\n- **Key change on record:** In 2017, references throughout the Act to \"Director-General\" were replaced with \"Secretary\" — this is a bureaucratic restructure (renaming the top public servant responsible) with no change to the underlying rules.\n- **It has been updated multiple times** since it was first made in 2001, with significant revision points in 2003, 2005, 2006, 2008, 2009, 2011, 2014, 2015, 2016, and 2017.\n\n**Why it matters to you:** If you are a student, staff member, or institution involved in higher education in NSW, this Act sets the legal framework under which higher education is regulated in the state. However, **the full content of the Act is not available in this document**, so the specific rights, obligations, and rules it contains cannot be assessed from what has been provided."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-act-2001","history":"/api/acts/higher-education-act-2001/history","analysis":"/api/acts/higher-education-act-2001/analysis","conflicts":"/api/acts/higher-education-act-2001/conflicts","importantCases":"/api/acts/higher-education-act-2001/important-cases","documents":"/api/acts/higher-education-act-2001/documents"}}