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Commonwealth of Australia

 

Higher Education Support Act 2003

 

HIGHER EDUCATION IN EXTERNAL TERRITORIES GUIDELINES

 

Making of Guidelines pursuant to section 238-10 of the Higher Education Support Act 2003

 

I, JULIE BISHOP, Minister for Education, Science and Training, pursuant to section 238-10 of the Higher Education Support Act 2003 ("the Act"), make the attached Guidelines for the purposes of Part 6.1 and 6.2 of the Act.

 

 

 

 

 

 

 

Dated this...............21st...................................day of..........March...........................2007.

 

 

 

(signed)

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JULIE BISHOP

Minister for Education, Science and Training

 

 

 

1.                  CITATION

 

These Guidelines may be cited as the Higher Education in External Territories Guidelines.

 

1.                AUTHORITY

 

These Guidelines are made under subsection 238-10(1) of the Higher Education Support Act 2003 (the Act) for the purposes of Part 6.1 and 6.2 of the Act

 

(iii) DATE OF EFFECT

 

These Guidelines shall come into effect on the day after the day on which they are registered on the Federal Register of Legislative Instruments.

 

COMMONWEALTH OF AUSTRALIA

 

Higher Education Support Act 2003

 

HIGHER EDUCATION IN EXTERNAL TERRITORIES GUIDELINES

 

TABLE OF CONTENTS-

CHAPTER 1 INTRODUCTION

CHAPTER 2 INFORMATION WHICH MUST BE PROVIDED IN AN APPLICATION TO THE MINISTER FOR APPROVAL AS A SELF-ACCREDITING ENTITY

CHAPTER 3 INFORMATION WHICH MUST BE PROVIDED BY AN OVERSEAS INSTITUTION IN AN APPLICATION TO THE MINISTER FOR APPROVAL AS A SELF-ACCREDITING ENTITY

CHAPTER 4 INFORMATION WHICH MUST BE PROVIDED IN AN APPLICATION TO THE MINISTER FOR ACCREDITATION OF A COURSE

CHAPTER 5 APPROVAL OF AN APPLICANT AS A SELF-ACCREDITING ENTITY

CHAPTER 6 APPROVAL OF AN APPLICANT AS AN OVERSEAS SELF-ACCREDITING INSTITUTION

CHAPTER 7 ACCREDITATION OF A COURSE OF STUDY

CHAPTER 8 ACCREDITATION OF A COURSE OF STUDY – MUTUAL RECOGNITION PROCESS

CHAPTER 9 APPROVAL OF AN AUSTRALIAN UNIVERSITY TO OPERATE UNDER AN AGENCY AGREEMENT

CHAPTER 10 REQUESTS FOR FURTHER INFORMATION AND DEADLINES FOR ITS SUBMISSION

CHAPTER 11 FEES PAYABLE FOR APPROVAL PROCESSES

CHAPTER 12 OFFENCES

CHAPTER 13 PRIVACY AND FREEDOM OF INFORMATION

CHAPTER 14 CRIMINAL CODE

 

CHAPTER 1     INTRODUCTION

1.1 Purpose

 

1.1.1 Chapter 2 of these Guidelines sets out the information which must accompany an application to the Minister by an Australian body corporate for approval as a self-accrediting entity in relation to an Australian external Territory, for the purposes of paragraph 225-1(2)(b) of the Act.

 

1.1.5 Chapter 3 of these Guidelines sets out the information relating to National Protocol 2 which must accompany an application to the Minister by an overseas higher education institution for approval as a self-accrediting entity in relation to an Australian external Territory for the purposes of paragraph 225-1(2)(b) of the Act.

 

1.1.10 Chapter 4 of these Guidelines sets out the information which must accompany an application to the Minister by a person for accreditation of a course of study in relation to an Australian external Territory, for the purposes of paragraph 225-1(2)(b) of the Act.

 

1.1.15 Chapter 5 of these Guidelines specifies matters relating to National Protocol 1, and other matters, to which the Minister will have regard in deciding whether or not to approve an Australian body corporate as a self-accrediting entity and in relation to amending or revoking a person’s approval as a self-accrediting entity in relation to an Australian external Territory, for the purposes of paragraphs 225-5(b) and 225-20(1)(b) of the Act.

 

1.1.20 Chapter 6 of these Guidelines specifies matters relating to National Protocol 2, and other matters, to which the Minister will have regard in deciding whether or not to approve an overseas higher education institution as a self-accrediting entity and in relation to amending or revoking an overseas higher education institution’s approval as a self-accrediting entity in relation to an Australian external Territory, for the purposes paragraphs 225-5(b) and 225-20(1)(b) of the Act

 

1.1.25 Chapter 7 of these Guidelines specifies matters relating to National Protocol 3, and other matters, to which the Minister will have regard in deciding whether or not to accredit a course of study in relation to an Australian external Territory and in relation to amending or revoking an accreditation, for the purposes of paragraph 225-10(b) of the Act.

 

1.1.30  Chapter 8 of these Guidelines specifies the information which the Minister will require, and the matters to which the Minister will have regard, in deciding whether or not to accredit a course of study in relation to an Australian external Territory, where the course of study is already accredited in an Australian State, the Northern Territory or the Australian Capital Territory, and in relation to amending or revoking such an accreditation for the purposes of paragraphs 225-1(2)(b) and 225-10(b) of the Act.

 

1.1.35  Chapter 9 of these Guidelines specifies the information which the Minister will require, and the matters to which the Minister will have regard, in deciding whether or not to approve the operation of an Australian university through another organisation in relation to an Australian external Territory, for the purposes of Protocol 4 of the National Protocols.

 

1.1.40 Chapter 10 of these Guidelines sets out the circumstances in which the Minister may seek further information relating to an application for approval as a self-accrediting entity, or for accreditation of a course of study, in relation to an Australian external Territory, for the purposes of subsection 225-1(3) of the Act.

 

1.1.45 Chapter 11 of these Guidelines sets out fees to be paid in respect of applications under section 225-1 of the Act for approval as a self-accrediting entity, or for accreditation of a course of study, in relation to an Australian external Territory, for the purposes of section 225-25 of the Act.

 

1.1.50 Chapter 12 of these Guidelines states that Division 228 of the Act creates offences and sets out penalties where persons without accreditation operate as a university or other higher education provider in respect of an Australian external Territory.

 

1.              Chapter 13 of these Guidelines sets out the privacy requirements by which the Department is bound in administering the Act and these Guidelines.

 

1.1.60 Chapter 14 of these Guidelines states that in respect of information of any kind submitted to the Department or the Minister pursuant to the requirements of the Act and these Guidelines, the Criminal Code (Cwth) provides that giving false or misleading information is a serious offence.

 

INTERPRETATION

 

1.5.1 Unless the contrary intention appears, the terms used in these Guidelines have the same meaning as in the Higher Education Support Act 2003.

 

1.5.5 Terms in these Guidelines that are in italics have the meanings given in paragraph 1.5.10 of these Guidelines.

 

1.5.10 In these Guidelines, unless the contrary intention appears: 

 

 Act means the Higher Education Support Act 2003.

 

Applicant means a person, other than a natural person, that applies under section 225-1 of the Act to the Minister either for approval as a self-accrediting entity or to offer a course of study in an Australian external Territory.

 

Australian body corporate means a person, other than a natural person, that is incorporated by or under a law of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory.

 

Fit and proper person means a person who may be appropriately entrusted with the responsibility for establishing and operating a self-accrediting higher education institution or for offering an accredited higher education course under the Act.

 

Guidelines means these Higher Education in External Territories Guidelines.

 

Mutual recognition means an accreditation process conducted as set out in the ‘National Protocol for the accreditation by mutual recognition of higher education courses offered by non self-accrediting providers’ endorsed by the Ministerial Council for Employment, Education, Training and Youth Affairs (MCEETYA) in October 2005.

 

 National Protocols means the National Protocols for Higher Education Approval Processes (first endorsed by MCEETYA on 31 March 2000) as in force from time to time.

 

Principal member means the owner, director, president, principal, chief executive officer, or other senior officer of the Applicant authorised to make binding decisions on its behalf.

 

CHAPTER 2     INFORMATION WHICH MUST BE PROVIDED IN AN APPLICATION TO THE MINISTER FOR APPROVAL AS A SELF-ACCREDITING ENTITY

 

2.1 Purpose

 

2.1.1 The purpose of this chapter is to set out the information which must accompany an application to the Minister by an Australian body corporate for approval as a self-accrediting entity in relation to an Australian external Territory, for the purposes of paragraph 225-1(2)(b) of the Act.

 

2.1.5 For the purposes of this chapter, a university or other self-accrediting institution that seeks to operate in an Australian external Territory by entering into an arrangement with another organisation must comply with the requirements set out in Chapter 9 of these Guidelines.

 

2.5 Submitting an application

 

2.5.1 In order to make an application to the Minister for approval as a self-accrediting entity in relation to an Australian external Territory (see paragraph 225-1(1)(c) of the Act), an Applicant must make an application through the Department.  The application must be complete and in the form approved by the Minister.   

 

2.10 Evidence relating to institutional requirements

 

2.10.1 An Applicant under this Chapter must include documentation in its application which provides the following information concerning the proposed self-accrediting entity:

1.       the statement of mission, or purpose and objectives of the Applicant;

2.       the legal status of the Applicant in Australia (for example a company, incorporated association or statutory body);

3.       the constitution, size and structure of the Applicant’s governing body;

4.       the organisational structures, procedures and policies of the Applicant, detailing the following:

5.       staff and student policies and procedures;

6.       staff development policy and procedures;

7.       a diagram of the (proposed) institutional structure for maintaining academic quality;

8.       the body which undertakes academic oversight of the courses offered by the Applicant (such as an academic board); academic and non-academic grievance procedures;

9.       student application and selection procedures;

10.         policies and procedures on the recognition of prior learning and credit transfer; and

11.       policy in relation to all fees charged to students and intending students, and refund policy;

12.       scholarship and research undertaken by the Applicant institution (where the institution exists at the time of application), or planned, already undertaken, or in progress, by the academic staff members of an institution to be established by the Applicant;

13.       sufficient evidence to allow a full assessment of the present and future financial viability of the Applicant  for at least five years;

14.       the Strategic Plan of the Applicant;

15.       quality assurance processes sufficient to ensure the integrity of the Applicant’s courses, including willingness to undergo quality audit;

16.       examples of a range of courses which the Applicant proposes to offer, leading to a variety of awards. Unit outlines should be included;

17.   arrangements for the provision of student support services;

18.   staffing arrangements, including staff development; 

19.   library and information resources;

20.   physical resources and infrastructure, including land, buildings, teaching, research and recreational facilities, and resources relating to information and communications technology;

21.   arrangements to make information available to staff and students.

 

2.15  Information relating to contingency planning

 

2.15.1 The Applicant must provide information about contingency planning, including arrangements that have been put in place under, or equivalent to, the tuition assurance requirements as defined in the Act and the Higher Education Provider Guidelines.  

 

2.20 Fit and proper person requirement

 

2.20.1 The Applicant must include as part of the application a declaration signed by the principal members of the Applicant attesting that they are fit and proper persons to be entrusted with responsibility for establishing and operating a self-accrediting entity.  An application form (which includes the Fit and Proper Person Declaration) can be obtained by writing to:

 

Private Providers Unit (Location 136)

Quality Branch,

Higher Education Group,

Department of Education, Science and Training,

GPO Box 9880 Canberra City ACT 2601

 

 

CHAPTER 3     INFORMATION WHICH MUST BE PROVIDED BY AN OVERSEAS INSTITUTION IN AN APPLICATION TO THE MINISTER FOR APPROVAL AS A SELF-ACCREDITING ENTITY

 

3.1 Purpose

 

3.1.1 The purpose of this chapter is to set out the information relating to National Protocol 2 which must accompany an application to the Minister by an overseas higher education institution for approval as a self-accrediting entity in relation to an Australian external Territory for the purposes of Protocol 2 of the National Protocols, together with subsection 225-1(2)(b) of the Act.  

3.1.5 For the purposes of this chapter, a university or other self-accrediting institution that seeks to operate in an Australian external Territory by entering into an arrangement with another organisation must comply with the requirements set out in Chapter 9 of these Guidelines.

 

3.5 Submitting an application

 

3.5.1 In order to make an application to the Minister for approval as a self-accrediting entity in relation to an Australian external Territory, a body corporate must make an application through the Department.  The application must be complete and in the form approved by the Minister.

 

3.10 Evidence relating to comparability with an Australian self-accrediting institution 

 

3.10.1 An Applicant under this Chapter must include documentation in its application providing information concerning the comparability of the proposed self-accrediting entity to an Australian self-accrediting entity which details the following:

1.      the legal status of the Applicant in its country of origin;
2.      the accreditation status of the Applicant’s courses;
3.      the delivery arrangements for the courses it proposes to offer, including arrangements for academic oversight and quality assurance;
4.      the nominated authority that will make the awards to which the Applicant’s courses will lead;
5.      sufficient evidence to allow a full assessment of the present and future financial viability of the proposed institution for at least five years;
6.      examples of a range of courses which the Applicant proposes to offer, leading to various awards;
7.      arrangements to make information available to staff and students;
8.      avenues for review of decision-making;
9.      academic and non-academic grievance policies;
10. student support services; including academic support, learning resources and other support services.

 

3.15   Evidence relating to delivery arrangements

 

3.15.1 The Applicant must include documentation in its application providing information about the proposed delivery arrangements in the Australian external Territory and detailing the following:

1.      the premises in which the Applicant is to operate in the external territory, including the facilities and resources for operation;
2.      the mode in which teaching will be conducted (conventional, distance, virtual or a combination of these modes) including the extent to which it will be conducted in the external territory;
3.      proposed staffing arrangements, including whether the Applicant intends to provide staff from its home location for face-to-face teaching or to engage local staff, or some other arrangement;
4.      the arrangements the Applicant proposes for monitoring the operation of its course(s) and for maintaining academic oversight at a distance;
5.      how the course(s) will be assessed and whether this will take place overseas or in the external territory.

 

3.20 Information relating to the use of local agents

 

3.20.1 The Applicant must include documentation in its application providing information about the arrangements between the overseas entity and any local agent for delivery of its course(s), which details the following:

1. the arrangements between the Applicant and any local agent, including any contract, Memorandum of Understanding or other agreement which sets out the responsibilities of each party for academic oversight and quality assurance of the course(s) offered, the receipt of student fees, and the relevant financial and licensing arrangements;
2. the legal status and principal business activity of any local agent;
3. the business environment and operations of the local agent or entity, including financial performance and business operations.

 

3.25 Information relating to contingency planning

 

3.25.1 The Applicant must provide information about contingency planning, including arrangements that have been put in place under, or equivalent to, the tuition assurance requirements as defined in the Act and the Higher Education Provider Guidelines.

 

3.30 Fit and proper person requirement

 

3.30.1 The Applicant must include as part of the application a declaration signed by the principal members of the body corporate attesting that they are fit and proper persons to be entrusted with responsibility for establishing and operating a self-accrediting entity.  An application form (which includes the Fit and Proper Person Declaration) can be obtained by writing to:

 

Private Providers Unit (Location 136)

Quality Branch,

Higher Education Group,

Department of Education Science and Training,

GPO Box 9880 Canberra City ACT 2601

 

CHAPTER 4     INFORMATION WHICH MUST BE PROVIDED IN AN APPLICATION TO THE MINISTER FOR ACCREDITATION OF A COURSE

 

4.1 Purpose

 

4.1.1 The purpose of this chapter is to set out the information which must accompany an application to the Minister by a person for accreditation of a course of study in relation to an Australian external Territory, for the purposes of section 225-1(2)(b) of the Act.  

4.5 Submitting an application

 

4.5.1 In order to make an application to the Minister for approval of a higher education course in relation to an Australian external Territory (see paragraph 225-1(1)(d) of the Act), an Applicant must submit an application to the Minister through the Department.  The application must be complete and in the form approved by the Minister.

 

4.10 Evidence relating to institutional requirements

 

4.10.1 An Applicant under this Chapter must include documentation in its application providing the following information relating to institutional requirements:

1.      the Applicant’s purpose and objectives;
2.      the Applicant’s strategic plan;
3.      staff and student policies and procedures;
4.      staff development policy and procedures, including budget allocation;
5.      sufficient evidence relating to the Applicant’s financial viability to allow a full assessment;
6.      the constitution, size and structure of the Applicant’s governing body;
7.      a diagram of the (proposed) institutional structure for maintaining academic quality;
8.      arrangements for oversight of the proposed course, including student progress and assessment and approval of course design, delivery, monitoring and review;
9.      quality assurance arrangements for the proposed course;
10. academic and non-academic grievance procedures;
11. student application and selection procedures;
12. policies and procedures on the recognition of prior learning and credit transfer;
13. fees policy for students and intending students, including refund policy;
14. student support services;
15. staffing structure and the actual or planned staffing profile for the proposed course;
16. library and information resources to support the proposed course;
17. the physical and consumable resources to support the proposed course;
18. arrangements to make information available to staff and students.

 

4.15  Evidence relating to course requirements

 

4.15.1 An Applicant must include in such an application documentation which provides the following information relating to the proposed course:

1.      the proposed level and duration;
2.      the proposed title of the award to which it would lead;
3.      the authority which will make the award;
4.      funding and anticipated enrolments;
5.      overall rationale;
6.      objectives, including graduate attributes and destinations;
7.      workload;
8.      the match between skills to be taught and skills required for professional practice (if appropriate);
9.      admission requirements;
10. course structure and content and unit outlines;
11. mode or modes of study;
12. assessment methods, monitoring and benchmarking;
13. articulation arrangements, relationships with professional bodies.

 

4.15.5 The application documentation relating to the proposed course should map the course design and content against the learning outcomes for the qualification to which it leads, as set out in the AQF Implementation Handbook.

 

4.20  Information relating to contingency planning

 

4.20.1 The Applicant must provide information about contingency planning, including arrangements that have been put in place under, or equivalent to, the tuition assurance requirements as defined in the Act and the Higher Education Provider Guidelines.

 

4.25  Fit and proper person requirement

 

4.25.1 An Applicant must include as part of the application a declaration signed by the principal members of the body corporate attesting that they are fit and proper persons to be entrusted with the responsibility for the proposed course.  An application form (which includes the Fit and Proper Person Declaration) can be obtained by writing to:

 

Private Providers Unit (Location 136)

Quality Branch,

Higher Education Group,

Department of Education Science and Training,

GPO Box 9880 Canberra City ACT 2601

 

CHAPTER 5     APPROVAL OF AN APPLICANT AS A SELF-ACCREDITING ENTITY

 

5.1 Purpose

 

5.1.1 The purpose of this chapter is to specify matters relating to National Protocol 1, and other matters, to which the Minister will have regard in deciding whether or not to approve an Australian body corporate as a self-accrediting entity and in relation to amending or revoking a person’s approval as a self-accrediting entity in relation to an Australian external Territory, for the purposes of paragraphs 225-5(b) and 225-20(1) (b) of the Act.  The Minister will, in addition to the matters specified in this chapter, take into account all the information provided in an application made under chapter 2 of these Guidelines and any further information provided by an Applicant in accordance with a request made by the Minister for such information, in making his or her decision.

 

5.1.5 For the purposes of this chapter, a university or other self-accrediting institution that seeks to operate in an Australian external Territory by entering into an arrangement with another organisation must comply with the requirements set out in Chapter 9 of these Guidelines.

 

5.5  Minister may approve an Applicant

 

5.5.1 The Minister may approve an Applicant as a self-accrediting entity in relation to an Australian external Territory if:

1.      the Minister is satisfied that the Applicant should be empowered to issue its own qualifications, following an assessment based on the criteria for the recognition of universities set out in Protocol 1 of the National Protocols;
2.      the Applicant has complied with the requirements set out in these Guidelines;
3.      the principal purpose of the Applicant is either to provide education, to conduct research or both.

 

5.10       Criteria

 

5.10.1 Protocol 1 of the National Protocols requires an Australian university to meet nationally agreed criteria.  A university is required to:

1.      be authorised by law to award higher education qualifications across a range of fields and to set standards for those qualifications which are equivalent to Australian and international standards;
2.      exhibit teaching and learning that engage with advanced knowledge and inquiry;
3.      demonstrate a culture of sustained scholarship extending from that which informs inquiry and basic teaching and learning to the creation of new knowledge through research, and original creative endeavour;
4.      exhibit commitment by teachers, researchers, course designers and assessors to free inquiry and the systematic advancement of knowledge;
5.      have governance arrangements, procedural rules, organisation, admission policies, financial arrangements and quality assurance processes which are underpinned by the values and goals outlined above, and which are sufficient to ensure the integrity of the institution’s academic courses;
6.      have sufficient financial and other resources to enable the institution’s courses to be delivered and sustained into the future.

 

5.15 Assessment process

 

5.15.1 As part of the assessment process, the Minister will consider whether the Applicant has demonstrated that it will have due regard for the interests of students and protect the broader reputation of higher education in Australia.

 

5.15.5 If an application is found to be incomplete following a preliminary assessment, the Minister or the Minister's delegate may request the information required from the Applicant under the provisions of Chapter 10 of these Guidelines.

 

5.20  Refusal of application without establishment of an assessment committee

 

5.20.1 The Minister may decide that the application does not have sufficient merit (if incomplete) to warrant a request for further information or (if complete) to warrant the establishment of an assessment committee, and may proceed to refuse the Applicant’s request for approval directly. In this case the Minister will send the Applicant written advice as soon as possible after the decision is made, giving reasons for the decision.

 

5.25  Assessment Committee

 

5.25.1 Where an application is found to be complete following a preliminary assessment, the Minister may establish an assessment committee to consider the application and make recommendations to the Minister as to whether or not it should be approved.

 

5.25.5 An assessment committee will consist of a minimum of three members, each of whom will have substantial knowledge of at least one of the following:

1.      academic affairs;
2.      university management;
3.      design, development and delivery of higher education courses;
4.      business management;
5.      a relevant profession, industry or calling.

 

5.25.10  Where an assessment committee is established, each relevant Applicant will be formally consulted by the Department on its proposed membership, but the Minister will ultimately determine its membership.

 

5.25.15 The duties of the assessment committee will be:

1.      to notify the public about the proposed university and undertake consultation with interested persons;
2.      to prepare a description statement which briefly describes the proposed university.  This description statement must be published by the Department via the Department’s website;
3.      to ensure that a consultation version of the Applicant’s submission is prepared by the Applicant and made available to interested persons via the Department’s website;
4.      to consider the application for approval as a university against the criteria set out in the National Protocols and the matters set out in these Guidelines;
5.      to make recommendations to the Minister as to whether or not the Applicant should be approved as a self-accrediting entity.

 

5.25.20 The assessment committee may need more information in order for it to make recommendations to the Minister as to whether or not the application should be approved.  In this case the Minister will request the information concerned under the provisions of Chapter 10 of these Guidelines.

 

5.30 Approval and conditions

 

5.30.1 In deciding whether or not to approve the Applicant as a self-accrediting entity, the Minister may take a range of factors into account.  These may include recommendations made by the assessment committee and by the Department.  The Minister is not however bound by any recommendation made in the committee’s report.

 

5.30.5 If the Minister decides to approve the Applicant as a self-accrediting entity, the Minister will determine the period of the approval, which is generally anticipated to be five years in the first instance.  Approximately 12 months before the period of approval is due to expire, a successful Applicant will be required to undergo a review of its approved status.

 

5.30.10 Consistent with section 225-15(1)(b) of the Act, the Minister may impose conditions on the approval of an Applicant as a self-accrediting entity. Without limitation, conditions may be imposed where the application is for the approval of a projected institution to be newly established (a ‘greenfield’ institution), rather than for the approval of an existing institution as a self-accrediting institution.  Such conditions may include:

1.      a period of sponsorship or mentoring by an established Australian university or other self-accrediting institution;
2.      oversight by a high level committee;
3.      a limitation on establishing additional campuses for a specified period.

 

5.35 Approval to continue to operate as a self-accrediting entity

 

5.35.1 In deciding whether or not to approve an institution to continue to operate as a self-accrediting entity at the end of the initial period of accreditation, the Minister may take into account a range of matters, including whether any conditions which were imposed on the initial approval have been met.

 

5.40  Refusal of application

 

5.40.1 If the Minister decides to refuse an Applicant’s request for approval as a self-accrediting entity, the Minister will send the Applicant a written advice as soon as possible after the decision is made, giving the reasons for the decision.

 

 

 

CHAPTER 6     APPROVAL OF AN APPLICANT AS AN OVERSEAS SELF-ACCREDITING INSTITUTION

 

6.1 Purpose

 

6.1.1 The purpose of this chapter is to specify matters relating to National Protocol 2, and other matters, to which the Minister will have regard in deciding whether or not to approve an overseas higher education institution as a self-accrediting entity and in relation to amending or revoking an overseas higher education institution’s approval as a self-accrediting entity in relation to an Australian external Territory, for the purposes of paragraphs 225-5(b) and 225-20(1)(b)of the Act.  The Minister will, in addition to the matters specified in this chapter, take into account all the information provided in an application made under chapter 3 of these Guidelines and any further information provided by an Applicant in accordance with a request made by the Minister for such information, in making his or her decision.

 

6.1.5 For the purposes of this chapter, a university or other self-accrediting institution that seeks to operate in an Australian external Territory by entering into an arrangement with another organisation must comply with the requirements set out in Chapter 9 of these Guidelines.

 

6.5  Minister may approve an applicant

 

6.5.1 The Minister may approve an Applicant as a self-accrediting overseas institution in relation to an Australian external Territory if:

1.      the Minister is satisfied that the Applicant should be empowered to issue its own qualifications, following an assessment based on the criteria for the recognition of overseas institutions set out in Protocol 2 of the National Protocols;
2.      the Applicant has complied with the requirements set out in these Guidelines; 
3.      the principal purpose of the Applicant is either to provide education, to conduct research or both.

 

6.10 Criteria

 

6.10.1 Protocol 2 of the National Protocols requires an overseas higher education institution seeking to operate in Australia to meet nationally agreed criteria.  An overseas higher education institution seeking to operate in Australia is required to:

1.      meet all legal criteria and educational accreditation in its country of origin;
2.      seek to offer a course or courses that have been properly accredited in its country of origin by an authority that, in the opinion of the Australian jurisdiction’s decision-maker, is the appropriate authority;
3.      seek to offer a course or courses that are comparable in requirements and learning outcomes to a course at the same level in a similar field in Australia;
4.      propose delivery arrangements, including arrangements for academic oversight and quality assurance, comparable to those offered by accredited Australian providers;
5.      propose appropriate financial and other arrangements which permit the successful delivery of the course in the Australian jurisdiction.

 

6.15 Assessment process

 

6.15.1 As part of the assessment process, the Minister will consider whether the Applicant has demonstrated that it will have due regard for the interests of students and protect the broader reputation of higher education in Australia.

 

6.15.5 Where an application is found to be incomplete following a preliminary assessment, the Minister or her delegate may request the information required from the Applicant under the provisions of Chapter 10 of these Guidelines.

 

6.15.10 Where an application is found to be complete following a preliminary assessment, and the Minister either considers that the Applicant is seeking to offer a course of study leading to an AQF award in relation to an Australian external Territory; or considers that the standing of the institution’s accreditation status is not acceptable, The Minister will not approve the application and will advise the Applicant to resubmit it as an application for accreditation under Protocol 3 of the National Protocols (as per chapters 4 and 7 of these Guidelines).

 

6.20  Refusal of application without establishment of an assessment committee

 

6.20.1 The Minister may decide that the application does not have sufficient merit (if incomplete) to warrant a Request for Further Information or (if complete) to warrant the establishment of an assessment committee, and may proceed to refuse the Applicant’s request for approval directly. In this case the Minister will send the Applicant written advice as soon as possible after the decision is made, giving reasons for the decision.

 

6.25  Assessment committee

 

6.25.1 Following a preliminary assessment, where an application is found to be complete and the status of the institution is verified as complying with all legal criteria and educational accreditation in its country of origin, which is proposing to offer courses that have been accredited by the appropriate authority, the Minister may establish an assessment committee to consider the application and make recommendations to the Minister as to whether or not it should be approved.

 

6.25.5 An assessment committee will consist of a minimum of three members, each of whom will have substantial knowledge of at least one of the following:

1.      academic affairs;
2.      university management;
3.      design, development and delivery of higher education courses;
4.      business management;
5.      a relevant profession, industry or calling.

 

6.25.10 Where an assessment committee is established, each relevant Applicant will be formally consulted by the Department on the proposed membership of the assessment committee but the Minister will ultimately determine its membership.

 

6.25.15 The duties of the assessment committee will be:

1.      to notify the public about the proposed institution and undertake consultation with interested persons;
2.      to prepare a description statement which briefly describes the proposed university.  This description statement must be published by the Department via the Department’s website;
3.      to ensure that a consultation version of the Applicant’s submission is prepared by the Applicant and made available to interested persons via the Department’s website;
4.      to consider the application for approval as a self-accrediting overseas institution against the criteria set out in the National Protocols and the matters set out in these Guidelines;
5.      to make recommendations to the Minister as to whether or not the Applicant should be approved as a self-accrediting entity.

 

6.25.20 The assessment committee may need more information in order for it to make recommendations to the Minister as to whether or not the application should be approved.  In this case the Minister will request the information concerned under the provisions of Chapter 10 of these Guidelines.

 

 

6.30 Approval and conditions

 

6.30.1 In deciding whether or not to approve the Applicant as a self-accrediting overseas institution, the Minister may take a range of factors into account.  These may include recommendations made by the assessment committee and by the Department.  The Minister is not however bound by any recommendation made in the committee’s report.

 

6.30.5 If the Minister decides to approve the Applicant as a self-accrediting overseas institution, the Minister will determine the period of the approval, which is generally anticipated to be five years in the first instance.  Approximately 12 months before the period of approval is due to expire, a successful Applicant will be required to undergo a review of its approved status. 

 

6.30.10 Consistent with section 225-15(1)(b) of the Act, the Minister may impose conditions on the approval of the Applicant as a self-accrediting overseas institution. Without limiting the conditions which the Minister may impose, these could include:

1.      further development of delivery arrangements;
2.      quality improvement of some aspect of the proposed institution.

 

6.35 Approval to continue to operate as a self-accrediting entity

 

6.35.1 In deciding whether or not to approve a successful Applicant to continue to operate as a self-accrediting overseas institution at the end of the initial period of approval, the Minister will take into account a range of matters, including whether any conditions which were imposed on the initial approval have been met.

 

6.40  Refusal of application and advice to resubmit under Protocol 3

 

6.40.1 If the Minister considers that the criteria for approval as a self-accrediting overseas institution set out in Protocol 2 have not been met, the Minister, while not approving the application, may advise the Applicant to resubmit it as an application for accreditation under Protocol 3 of the National Protocols (see paragraph 225-1(1)(d) of the Act and chapter 4 of these Guidelines)

 

6.45  Refusal of application

 

6.45.1 If the Minister decides to refuse an Applicant’s request for approval as a self-accrediting overseas institution, the Minister will send the Applicant a written advice as soon as possible after the decision is made, giving the reasons for the decision.

CHAPTER 7     ACCREDITATION OF A COURSE OF STUDY

 

7.1    Purpose

 

7.1.1 The purpose of this chapter is to specify matters relating to National Protocol 3, and other matters, to which the Minister will have regard in deciding whether or not to accredit a course of study in relation to an Australian external Territory and in relation to amending or revoking an accreditation, for the purposes of paragraphs 225-10(b) and 225-20(1)(b) of the Act.  The Minister will, in addition to the matters specified in this chapter, take into account all the information provided in an application made under chapter 4 of these Guidelines and any further information provided by an Applicant in accordance with a request made by the Minister for such information, in making his or her decision.

 

7.5  Minister may accredit a course of study

 

7.5.1 The Minister may accredit a course of study in relation to an Australian external Territory if:

1.      the Minister is satisfied, following an assessment based on the criteria for the accreditation of a course of study set out in Protocol 3 of the National Protocols, that the course and the manner of delivering it, are appropriate to the award;
2.      the Applicant has complied with the requirements set out in these Guidelines;
3.      the principal purpose of the Applicant is either to provide education, to conduct research or both.

 

7.10 Criteria

 

7.10.1 Protocol 3 of the National Protocols requires higher education courses to meet nationally agreed criteria in order to be accredited.  These criteria are:

1. the course design and content should satisfy the requirements set in the AQF Implementation Handbook for the award level;

2. the course should be comparable in requirements and learning outcomes to a course at the same level in a similar field at Australian universities;

3. the delivery arrangements, including matters of institutional governance, facilities, staffing, and student services are appropriate to higher education and enable successful delivery of the course at the level proposed; and

4. the provider should have appropriate financial and other arrangements to permit the successful delivery of the course, and is a fit and proper person to be entrusted with responsibility for the course.

 

7.15 Assessment process

 

7.15.1 Where an application is found to be complete following a preliminary assessment by the Department, the Minister may establish a course assessment committee to consider the application and make recommendations to the Minister as to whether it should be accredited.

 

7.15.5 Where an application is found to be incomplete following a preliminary assessment, the Minister or her delegate may request the information required from the Applicant under the provisions of Chapter 10 of these Guidelines.

 

7.20  Refusal of application without establishment of a course assessment committee

 

7.20.1 The Minister may decide that the application does not have sufficient merit (if incomplete) to warrant a request for further information from the Applicant or (if complete) to warrant the establishment of an assessment committee, and may proceed to refuse the Applicant’s request for approval directly. In this case the Minister will send the Applicant written advice as soon as possible after the decision is made, giving reasons for the decision.

 

7.25 Course Assessment Committee

 

7.25.1 Where the Applicant responds to the request for further information within the time specified by the Minister or her delegate and the application is found to be complete following a further assessment, the Minister may establish a course assessment committee to consider the application and make recommendations to the Minister as to whether or not the course should be accredited.

 

7.25.5 A course assessment committee will consist of a minimum of three members, each of whom will have substantial knowledge of at least one of the following:

1.  academic affairs;
2.  university management;
3.  design, development and delivery of higher education courses;
4.  business management.

 

7.25.10 Where a course assessment committee is established, each relevant Applicant will be formally consulted by the Department on the proposed membership of the course assessment committee but the Minister will ultimately determine the membership of the committee.

 

7.25.15 The duties of the course assessment committee will be:

1. to evaluate and report to the Minister on whether the proposed course and the means of delivery are appropriate to the type of award to which it is proposed that the course will lead;
2. to consider whether the course and the Applicant meet the criteria set out in the National Protocols and the AQF Implementation Handbook and the matters set out in these Guidelines; and
3. to make recommendations to the Minister as to whether or not the course should be accredited.

 

7.25.20 The course assessment committee may need more information in order to make recommendations to the Minister as to whether or not the application for accreditation should be approved.  If this is the case the Minister or her delegate will request the information concerned under the provisions of Chapter 10 of these Guidelines.

 

7.25.25 In deciding whether or not to accredit the proposed course, the Minister may take a range of factors into account.  These may include recommendations made by the assessment committee and by the Department.  The Minister is not however bound by any recommendation made in the committee’s report.

 

7.30  Accreditation and conditions

 

7.30.1 the Minister will determine the period of accreditation, which is generally anticipated to be five years in the first instance.  Approximately 12 months before the period of accreditation is due to expire a successful Applicant will be required to undergo a review of its approved status. 

 

7.30.5 The Minister may impose conditions on the accreditation of the course.  Such conditions may include that:

1.      it is subject to the further development of curriculum or delivery arrangements;
2.      it is subject to the quality improvement of some specified aspect of the course or its delivery;
3.      the accreditation is subject to review after a specified period, expected to be less than five years.

 

7.35 Refusal of accreditation

 

7.35.1 If the Minister decides to refuse accreditation to the proposed course, the Minister must send the Applicant written advice as soon as possible giving the reasons for the decision.

 

CHAPTER 8     ACCREDITATION OF A COURSE OF STUDY – MUTUAL RECOGNITION PROCESS

 

8.1  Purpose

 

8.1.1  The purpose of this chapter is to specify the information which the Minister will require, and the matters to which the Minister will have regard, in deciding whether or not to accredit a course of study in relation to an Australian external Territory, where the course of study is already accredited in an Australian State, the Northern Territory or the Australian Capital Territory (the primary jurisdiction), and in relation to amending or revoking such an accreditation, for the purposes of paragraphs 225-1(2)(b), 225-10(b) and 225-20(1)(b) of the Act.

 

8.5         Submitting an application

 

8.5.1 In order to make an application to the Minister for approval of a higher education course in relation to an Australian external Territory (see paragraph 225-1(1)(d) of the Act) through a mutual recognition process, an Applicant must submit an application to the Minister through the Department.  The application must be complete and in the form approved by the Minister.

 

8.5.5 The Applicant must also provide a full copy of the application submitted to the primary jurisdiction, including full documentation of the course and arrangements for its delivery.

 

8.10  Evidence relating to delivery requirements

 

8.10.1 An Applicant under this Chapter must include documentation in its application providing the following information relating to delivery arrangements for the proposed course of study:

1.      arrangements in the external territory for organisation, administration and governance;
2.      financial capacity to deliver the course;
3.      teaching and administrative staffing the external territory and their links to the Applicants’ organisation in the primary jurisdiction;
4.      facilities and resources to deliver the course in the external territory;
5.      how the quality and review system will operate in the external territory;
6.      student support and welfare systems in the external territory.

 

8.15 Minister may accredit a course of study

 

8.15.1 The Minister may accredit a course of study in relation to an Australian external Territory by a mutual recognition process if:

1.      the Minister is satisfied, following an assessment based on the relevant criteria for the accreditation of a course of study set out in Protocol 3 of the National Protocols, that the method of delivering the course is appropriate to the award; and
2.      the Applicant has complied with the requirements set out in these Guidelines.

 

8.15.5 If an application is found to be complete following a preliminary assessment by the Department, the Minister may establish a modified course assessment committee for a mutual recognition process to consider the application and make recommendations to the Minister as to whether it should be approved.

 

8.20 Assessment process

 

8.20.1 If an application is found to be incomplete following a preliminary assessment, the Minister or her delegate will request the information required from the Applicant under the provisions of Chapter 10 of these Guidelines.

 

8.25  Course Assessment Committee

 

8.25.1 If the Applicant responds to the request for further information within the time specified and the application is found to be complete following a further a further assessment of this by the Department, the Minister may establish a modified course assessment committee for a mutual recognition process to consider the application and make recommendations to the Minister as to whether it should be approved.

 

8.25.5 A modified course assessment committee for a mutual recognition process will usually have only one member, who will have substantial expertise in the design, development and delivery of higher education courses.

 

8.25.10 Where a modified course assessment committee is established, each relevant Applicant will be formally consulted by the Department on its proposed membership, but the Minister will ultimately determine the membership of the committee.

 

8.25.15 The duties of the course assessment committee will be:

1.      to evaluate and report to the Minister on whether the means of delivery of the proposed course are appropriate to the type of award proposed;
2.      to make recommendations to the Minister as to whether or not the course should be accredited.

 

8.25.20 The course assessment committee may need more information in order to make recommendations to the Minister as to whether or not the application for accreditation should be approved.  If this is the case the Minister or her delegate will request the information concerned under the provisions of Chapter 10 of these Guidelines.

 

8.30 Accreditation and conditions

 

8.30.1 In deciding whether or not to accredit the proposed course, the Minister may take a range of factors into account.  These may include recommendations made by the assessment committee and by the Department.  The Minister is not however bound by any recommendation made in the committee’s report.

 

8.30.5 If the Minister decides to accredit the course, the Minister will determine the period of accreditation. In determining this, the Minister may take into account the date on which the course’s accreditation will expire in the primary jurisdiction, with a view to harmonising the expiry dates.  Approximately 12 months before the period of accreditation is due to expire a successful Applicant will be required to undergo a review of its approved status. 

 

8.30.10 The Minister may impose conditions on the accreditation of the course.  Such conditions may include that it is subject to the quality improvement of some specified aspect of the delivery arrangements.

 

8.35 Refusal of accreditation

 

8.35.1 If the Minister decides to refuse accreditation to the proposed course, the Minister must send the Applicant written advice as soon as possible giving the reasons for the decision.

 

 

CHAPTER 9     APPROVAL OF AN AUSTRALIAN UNIVERSITY TO OPERATE UNDER AN AGENCY AGREEMENT

 

9.1 Purpose

 

9.1.1  The purpose of this chapter is to specify the information which the Minister will require and the matters which he or she will take into account in deciding whether or not to approve the operation of an Australian university through another organisation (an agency agreement) in relation to an Australian external Territory, for the purposes of Protocol 4 of the National Protocols.

 

9.5     Criteria

 

9.5.1 Protocol 4 deals with delivery arrangements for universities operating through another organisation. Where a university enters into an arrangement with another organisation, and the university is to grant the academic award, the relationship will be construed as one of principal and agent. The principal in this relationship must carry full responsibility for all aspects of delivery, including:

1.      quality and standards comparable to those pertaining at other campus(es) of the institution;
2.      teaching by staff qualified at a level comparable to those pertaining at other campus(es) of the institution;
3.      resources and facilities adequate for the delivery of the course;
4.      adequate measures to protect the welfare of students.

 

9.10      Submitting an application

 

9.10.1 In order to make an application to the Minister for approval of an agency agreement in relation to an Australian external Territory, a university must submit an application to the Minister through the Department.  The application must be complete and in the form approved by the Minister.

 

9.10.5  A university will need to seek such approval for each agency arrangement it enters into in relation to an Australian external Territory.  Any changes to agency arrangements, including changes of delivery place, should be notified to the Minister in writing through the Department.

 

9.15 Evidence relating to delivery requirements

 

9.15.1 As part of such an application a university or other self-accrediting institution must include documentation or other evidence providing the following information:

1.      details of the name and address of the agent under the arrangement;
2.      details of the address of the delivery place under the arrangement;
3.      a written undertaking by the governing body that it will carry full responsibility for all aspects of delivery.

 

9.20 Approval by the Minister

 

9.20.1 Provided the above information has been included in the application, the Minister will generally grant the application and advise the applicant accordingly.  The Minister may impose conditions on an approval if there is a reasonable basis on which to do so.

 

9.20.5 It is a condition of any approval granted by the Minister that the agent allows the Department, on behalf of the Minister, to enter and inspect, at any reasonable time, the delivery place under the arrangement. The agent must comply with all reasonable requests by the Minister, or by the Department on behalf of the Minister, to provide information or records (or a copy of records) that the agent is keeping, or has control of, that are appropriate or relevant.

 

9.25  Review of approval of agency arrangements

 

9.25.1 Where the Minister has concerns about the quality of delivery of higher education courses under an agency arrangement, he or she may conduct a review of the agency operation. The Minister may appoint a person or persons with suitable expertise to conduct the review.  If the review finds that the operation of the university through the agency arrangement does not comply with the standards expected of a higher education institution, and is not comparable with the standards on other campuses of the university, the Minister may do one of the following:

1.      establish conditions for the continuation of the agency arrangement within the Australian external Territory;
2.      cancel the approval for the university to operate in respect of the Australian external Territory through an agency agreement.

 

CHAPTER 10       REQUESTS FOR FURTHER INFORMATION AND DEADLINES FOR ITS SUBMISSION

 

10.1  Purpose

 

10.1.1 The purpose of this chapter is to set out the circumstances in which the Minister may seek further information relating to an application for approval as a self-accrediting entity or for accreditation of a course of study in relation to an Australian external Territory, for the purposes of section 225-1 (3) of the Act.

 

10.5  Provision of further information

 

10.5.1 For the purpose of determining an application, the Minister may require an Applicant, by notice in writing, to provide such further information as the Minister directs. 

 

10.5.5 The Minister may require further information from an Applicant on one or more occasions.

 

10.10  Date specified for provision of further information

 

10.10.1 The Minister will issue the Applicant with a written notice which will specify the date by which the Applicant must provide the further information specified.  This will be 90 days from the date on which the request was signed by the Minister or her delegate.

 

10.10.5 An Applicant must comply with the requirements for further information set out by the Minister in the written notice by the date specified in that notice, or the application will be taken to have been withdrawn. 

 

10.15  Application for further time

 

10.15.1 If the Applicant is unable to provide all of the information requested in the notice by the date specified, the Applicant may apply to the Minister for a further period of time within which to comply. The Minister may grant such an application in a written notice which will specify the amended date by which the Applicant must provide the further information.  The amended date will be at the discretion of the Minister but will normally be 90 days from the date on which the extension was agreed by the Minister.

 

CHAPTER 11    FEES PAYABLE FOR APPROVAL PROCESSES

 

11.1  Purpose

 

11.1.1 This chapter of the Guidelines set outs fees to be paid in respect of applications under section 225-1 of the Act for approval as a self-accrediting entity, or for the accreditation of a course of study, in relation to an Australian external Territory, for the purposes of section 225-25 of the Act.

 

11.5  Applicable fees

 

11.5.1 The applicable fees are as follows.

 

1. Approval of an Australian body corporate as a self-accrediting entity

 

Application fee for approval by the Minister   $ 43,000.00

 

2. Approval of an overseas higher education provider to operate as a self-accrediting entity

 

Application fee for approval by the Minister   $ 43,000.00

 

3. Accreditation of a course of study

 

Application fee for approval by the Minister

(payable for each course)     $ 550.00

 

In addition there is an examination fee for each course, payable at the time of application:

Diploma         $ 5,000.00

Advanced Diploma       $ 6,500.00

Associate Degree      $ 6,500.00

Bachelor Degree      $ 7,500.00

Bachelor (Honours) Degree                $ 7,500.00

Graduate Certificate      $ 5,000.00

Graduate Diploma      $ 7,000.00

Masters degree (by research or course work)                         $ 8,000.00

Doctorate (Professional Doctorate or by research)             $ 8,500.00

 

4. Accreditation of a course of study (mutual recognition process)

 

Examination fee (payable for each course)    $ 2,700.00

 

No application fee is payable for a mutual recognition process. 

 

CHAPTER 12    OFFENCES

 

12.1 Purpose

 

12.1.1 The purpose of this chapter is to state that Division 228 of the Act creates offences and sets out penalties for those offences where:

 

1.       persons without accreditation operate as universities or other provider in external territories (section 228-1);
2.       persons without accreditation offer higher education awards or courses in external Territories (section 228-5); or
3.       persons without accreditation describe themselves as universities in external territories (section 228-10). 

 

 

CHAPTER 13    PRIVACY AND FREEDOM OF INFORMATION

 

13.1  The Privacy Act 1988

 

13.1.1 The purpose of this chapter is to set out the privacy requirements by which the Department is bound in administering the Act and these Guidelines.

 

13.1.5 In administering the Act and these Guidelines, the Department is bound by the provisions of the Privacy Act 1988.  Section 14 of the Privacy Act 1988 contains the Information Privacy Principles (IPPs), which prescribe the rules for handling personal information.

 

13.1.10 Persons, bodies and organisations involved in administering the Act and these Guidelines must abide by the IPPs and the Privacy Act when handling personal information collected for the purposes of the Act and these Guidelines.

 

13.1.15 In brief, persons, bodies and organisations must ensure that:

 

1.      personal information is collected in accordance with IPPs 1-3;
2.      suitable storage arrangements, including appropriate filing procedures are in place;
3.      suitable security arrangements exist for all records containing personal information;
4.      access to a person’s own personal information held by the organisation is made available to the person at no charge;
5.      records are accurate, up-to-date, complete and not misleading;
6.      where a record is found to be inaccurate, it is corrected;
7.      where a person requests that a record be amended because it is inaccurate but the record is found to be accurate, the details of the request for amendment are noted on the record;
8.      personal information is only used for the purposes for which it was collected, or for other purposes where expressly allowed by IPP 10; and
9.      personal information is only disclosed in accordance with IPP 11.

 

13.5   Privacy Complaints and Advice

 

13.5.1         Complaints about breaches of privacy and requests for advice about privacy should be referred to the Privacy Contact Officer in the Litigation and External Review Section of the Procurement, Assurance and Legal Group, in the Department’s National Office. Privacy complaints can be made directly to the Federal Privacy Commissioner. However, the Federal Privacy Commissioner prefers that the Department be given an opportunity to deal with the complaint in the first instance.

 

13.5           Freedom of Information

 

13.5.1 All documents created or held by the Department with regard to the Act and the Guidelines are subject to the Freedom of Information Act 1982 (“FOI Act”). Unless a document falls under an exemption provision, it will be made available to the general public if requested under the FOI Act.

 

13.5.5 All FOI requests are to be referred to the Freedom of Information Coordinator in the Litigation and External Review Section of the Procurement, Assurance and Legal Group, in the Department’s National Office. Decisions regarding requests for access will be made by the Department’s authorised FOI decision-maker in accordance with the requirements of the FOI Act.

 

CHAPTER 14    CRIMINAL CODE

 

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.