Part 1 Preliminary

1 Short title

[Section 1 Amended by No. 15 of 2015, s. 5, Applied:29 May 2015] [Section 1 Amended by No. 9 of 2022, s. 22, Applied:01 Jul 2023] This Act may be cited as the Tasmanian Assessment, Standards and Certification Act 2003 .

2 Commencement

This Act commences on a day to be proclaimed.

3 Interpretation

(1)  In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008]

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] accredited course means an accredited senior secondary course, accredited higher education course or accredited other education course;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] accredited education program means an education program that is accredited under section 55ZU ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] accredited higher education course means a course that is accredited under section 36 or by a self-accrediting higher education provider;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] accredited other education course means a course that is accredited under section 55ZI ;

accredited senior secondary course means a course that has been accredited under section 26 ;

[Section 3 Subsection (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012]

[Section 3 Subsection (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012] accredited training course has the same meaning as "VET course" in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;

amend includes –

(a) omit matter; and

(b) insert or add matter; and

(c) omit matter and substitute other matter;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] [Section 3 Subsection (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012]

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] approval certificate means an approval certificate issued under section 55D ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] approved overseas higher education course means a higher education course approved under section 55B(5)(b) ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] approved overseas higher education provider means an overseas higher education institution approved under section 55B(1)(a) as an approved overseas higher education provider;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] approved overseas higher education qualification means a qualification approved under section 55B(5)(c) ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] approved qualification means –

(a) a qualification for an accredited senior secondary course determined under section 26(4)(b) ; or

(b) a qualification for an examination or assessment of senior secondary education determined under section 33C(b) ; or

(c) a higher education award for an accredited higher education course determined under section 36(3) ; or

(d) a qualification for an approved overseas higher education course approved under section 55B(5)(c) ; or

(e) a qualification for a higher education course provided by a self-accrediting higher education provider determined by that provider under section 55Z ; or

(f) a qualification for an accredited other education course determined under section 55ZI(3) ; or

(g) a qualification for an examination or assessment of other education determined under section 55ZR(b) ; or

(h) a qualification for an accredited education program determined under section 55ZU(5) ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] [Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] [Section 3 Subsection (1) amended by No. 9 of 2022, s. 23, Applied:01 Jul 2023] assessment recommendation means the recommendation made under section 55ZZR by the Board to the Minister as to whether it is appropriate to establish a new university;

Australian Accounting Standards means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and the Institute of Chartered Accountants in Australia or their successors;

Australian Qualifications Framework means the policy of that name, defining all qualifications recognised nationally in post-compulsory education and training within Australia, endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs so as to commence on 12 January 1995, as amended from time to time;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] [Section 3 Subsection (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012]

Australian university has the same meaning as in the National Protocols for Higher Education Approval Processes;

authorised officer means a person appointed under section 19 to be an authorised officer;

[Section 3 Subsection (1) amended by No. 9 of 2022, s. 23, Applied:01 Jul 2023] Board means the Tasmanian Assessment, Standards and Certification Board established by section 7 ;

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015]

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] certificate of self-accrediting status means a certificate of self-accrediting status issued under section 55Q ;

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015]

committee means a committee established under section 20 ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] corresponding law means a law of the Commonwealth, another State or a Territory that provides for the accreditation, registration, licensing, approval or other recognition of any one or more of the following:

(a) senior secondary courses;

(b) higher education courses;

(c) other education courses;

(d) education programs;

(e) higher education providers;

(f) providers of education programs to overseas students;

course means –

(a) [Section 3 Subsection (1) amended by No. 45 of 2008, Sched. 1, Applied:01 Jan 2009] a senior secondary course; or

(b) an accredited training course; or

(c) [Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] a higher education course; or

(d) [Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] an approved overseas higher education course; or

(e) [Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] an accredited other education course –

which includes one or more subjects, syllabuses or programs of study or training leading to the conferral or issue of a particular qualification;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008]

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] education program means –

(a) an accredited course; or

(b) an accredited training course; or

(c) any other instruction, training or prescribed means of education, whether given as a course of study or otherwise;

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] [Section 3 Subsection (1) amended by No. 9 of 2022, s. 23, Applied:01 Jul 2023]

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] exempt university means –

(a) a university; or

(b) another provider of higher education; or

(c) another person –

referred to in section 5 ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] externally provided distance course means a course provided to a student situated in Tasmania if –

(a) the course is entirely provided by means that do not include teaching in person; and

(b) while the person is providing the course, the person is not present in Tasmania, and does not have any employees or business premises in Tasmania, for the purposes of providing that course;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] field of study has the same meaning as in the National Protocols for Higher Education Approval Processes;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] formal education means education that –

(a) is delivered in a structured program that if successfully completed will result in the person obtaining a qualification; or

(b) will result in the person obtaining a qualification if –

(i) [Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] the attainment of the education is successfully demonstrated by that person in an examination or other assessment conducted by another person, other than the Office; and

(ii) the conduct of such an examination or other assessment by that other person is an ordinary part of the business, functions or activities of that other person;

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] [Section 3 Subsection (1) amended by No. 9 of 2022, s. 23, Applied:01 Jul 2023]

functions includes duties;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] higher education means education in relation to which a higher education award may be issued;

higher education award means –

(a) an award of a diploma or advanced diploma; or

(b) an award of a graduate diploma or graduate certificate; or

(c) an award of an associate degree, bachelor degree, masters degree or doctoral degree; or

(d) any other award specified in the Australian Qualifications Framework as a higher education award; or

(da) [Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] an approved overseas higher education qualification; or

(e) a prescribed award –

but does not include a qualification that is awarded or issued in respect of vocational education and training or by an exempt university;

higher education course means a course of study that entitles a person who satisfies the course requirements to the conferral or issue of a higher education award;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] interstate higher education course means a higher education course that is –

(a) accredited, registered, licensed or otherwise approved under a corresponding law that provides for the accreditation, registration, licensing or other approval of a higher education course; and

(b) provided to a student present in Tasmania –

but does not include an externally provided distance course;

justice of the peace does not include a magistrate;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] local higher education course means a higher education course, other than an interstate higher education course or overseas higher education course, that –

(a) is provided in Tasmania; or

(b) is provided in another State, a Territory or another country by a person resident or situated in, or whose principal business premises are situated in, Tasmania;

[Section 3 Subsection (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012] [Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] [Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015]

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] MCEETYA means –

(a) the Ministerial Council on Education, Employment, Training and Youth Affairs created in 1993 by the Council of Australian Governments and which consists of the Ministers from the Commonwealth, States and Territories having responsibility for education, employment, training and youth affairs; or

(b) any other Ministerial Council consisting of the Ministers from the Commonwealth, States and Territories having responsibility for senior secondary education and tertiary education, whether created in substitution for, or in addition to, the Ministerial Council on Education, Employment, Training and Youth Affairs referred to in paragraph (a) , or otherwise;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students means the code of that name approved by MCEETYA on 7 July 2006, as amended or substituted from time to time;

National Protocols for Higher Education Approval Processes means –

(a) the set of protocols governing higher education quality assurance processes agreed to by the States and Territories at the Ministerial Council on Education, Employment, Training and Youth Affairs on 31 March 2000, as amended from time to time; or

(b) any set of protocols agreed to in substitution for the National Protocols for Higher Education Approval Processes, as amended from time to time;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008]

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] national standard means a standard relating to the provision of a course, the assessment of a person undertaking a course or the conferral or issue of a qualification in respect of a course to be followed by Commonwealth, State and Territory registering bodies and course accrediting bodies under –

(a) [Section 3 Subsection (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012]

(b) the National Protocols for Higher Education Approval Processes; or

(c) the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students; or

(d) the English Language Intensive Courses for Overseas Students (ELICOS) Standards;

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] [Section 3 Subsection (1) amended by No. 9 of 2022, s. 23, Applied:01 Jul 2023]

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] other education means education obtained by a person after the completion of those years of schooling that the person is required by law to attend –

(a) including but not limited to adult education, community education and education specifically designed for a person with a disability; but

(b) excluding senior secondary education, vocational education and training and higher education;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] other education course means a course of study in other education that entitles a person who satisfies the course requirements to the conferral or issue of an approved qualification;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] overseas higher education course means a higher education course provided or to be provided by an overseas higher education institution;

overseas higher education institution has the same meaning as in the National Protocols for Higher Education Approval Processes;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008]

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] overseas student means a student in relation to whom a fee is paid for a course, but does not include –

(a) an Australian citizen or a dependant of an Australian citizen; or

(b) a New Zealand citizen or a dependant of a New Zealand citizen; or

(c) a permanent resident in Australia or a dependant of such a permanent resident; or

(d) a refugee resident in Australia;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] person includes –

(a) a body of persons corporate or unincorporate; and

(b) a government department or part of a government department;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] qualification means the recognition, by any means, that a person has successfully completed a course or course of study or has been successful in an examination or other assessment of an area of his or her education;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] [Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] [Section 3 Subsection (1) amended by No. 9 of 2022, s. 23, Applied:01 Jul 2023] recognised qualification means a qualification recognised by the Board under section 55ZZM(1) ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] registered education (overseas students) provider means a person who is registered as a registered education (overseas students) provider under section 55ZZA ;

registered higher education provider means a person who is registered as a registered higher education provider under section 43 , while that registration has effect;

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] [Section 3 Subsection (1) amended by No. 47 of 2016, s. 15, Applied:10 Jul 2017]

[Section 3 Subsection (1) amended by No. 47 of 2016, s. 15, Applied:10 Jul 2017] registered school has the same meaning as in the Education Act 2016 ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] registered student exchange organisation means an organisation or other person that is registered as a registered student exchange organisation under section 33E ;

[Section 3 Subsection (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012]

[Section 3 Subsection (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012] registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;

[Section 3 Subsection (1) amended by No. 9 of 2022, s. 23, Applied:01 Jul 2023] Registrar means the Registrar of the Board appointed under section 16 ;

registration certificate means a registration certificate issued under section 45 ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] registration (overseas students) certificate means a registration (overseas students) certificate issued under section 55ZZC ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] registration (student exchange organisation) certificate means a registration (student exchange organisation) certificate issued under section 33F ;

regulations means regulations made and in force under section 72 ;

rules means rules made and in force under section 64 ;

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] [Section 3 Subsection (1) amended by No. 47 of 2016, s. 15, Applied:10 Jul 2017]

[Section 3 Subsection (1) amended by No. 47 of 2016, s. 15, Applied:10 Jul 2017] school has the same meaning as in the Education Act 2016 ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] self-accrediting higher education provider means a person who is granted the status of self-accrediting higher education provider under section 55O ;

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] senior secondary accreditation framework means the framework relating to the accreditation of senior secondary courses approved by the Minister under section 24F , as amended or substituted from time to time under that section;

[Section 3 Subsection (1) amended by No. 45 of 2008, Sched. 1, Applied:01 Jan 2009]

[Section 3 Subsection (1) amended by No. 45 of 2008, Sched. 1, Applied:01 Jan 2009] senior secondary course means a course of study that is normally undertaken, or intended to be undertaken, during senior secondary education;

[Section 3 Subsection (1) amended by No. 45 of 2008, Sched. 1, Applied:01 Jan 2009] senior secondary education means secondary education that is usually undertaken by persons following the completion of the fourth year of secondary education, being the year commonly known as Year 10;

[Section 3 Subsection (1) amended by No. 15 of 2015, s. 6, Applied:29 May 2015] [Section 3 Subsection (1) amended by No. 47 of 2016, s. 15, Applied:10 Jul 2017]

[Section 3 Subsection (1) amended by No. 47 of 2016, s. 15, Applied:10 Jul 2017] State school has the same meaning as in the Education Act 2016 ;

[Section 3 Subsection (1) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] student exchange program means a program whereby Tasmanian students undertaking senior secondary education, or other secondary education, may undertake a part of their studies in a country other than Australia and in return students from other countries may undertake a part of their studies in Tasmania;

[Section 3 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Treasurer's Instructions means instructions issued under section 114 of the Government Business Enterprises Act 1995 or section 51 of the Financial Management Act 2016 ;

[Section 3 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] vocational education and training has the same meaning as in the Training and Workforce Development Act 2013 .

(2)  For the purposes of this Act –

(a) [Section 3 Subsection (2) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] a person may provide a course or education in person, by mail, by means of the internet, radio or television or by any other means; and

(b) [Section 3 Subsection (2) amended by No. 59 of 2007, s. 4, Applied:01 Jan 2008] a person who provides a course or education to a student who is present in Tasmania while undertaking that course or education is taken to provide that course or education in Tasmania unless that course is an externally provided distance course.

4 Act binds Crown

(1)  This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

(2)  Nothing in this Act renders the Crown in right of Tasmania liable to be prosecuted for an offence against this Act.

5 Non-application of Act to certain providers of higher education

[Section 5 Substituted by No. 59 of 2007, s. 5, Applied:01 Jan 2008]

(1)  This Act, other than Part 4B , does not apply in relation to –

(a) the University of Tasmania; or

(b) a university established, recognised or registered by or under –

(i) an Act of this State; or

(ii) an Act of the Commonwealth, another State or a Territory; or

(c) a person who is authorised to provide higher education courses, and self-accredit those courses, by or under an Act of the Commonwealth, another State or a Territory.

(2)  This Act, or a provision or part of this Act, as prescribed does not apply to a prescribed person or a person of a prescribed class of persons.

(3)  If the University of Tasmania, a university referred to in subsection (1)(b) , a person referred to in paragraph (c) or a person referred to in subsection (2) is a registered education (overseas students) provider, this Act applies to that university or person in his, her or its capacity as such a registered education (overseas students) provider.

6 Application of principles

[Section 6 Repealed by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012] A person performing a function, action or duty, or exercising a power, under this Act is to have regard to the principles set out in section 4(1) of the Education Act 2016 .

Part 2 Tasmanian Assessment, Standards and Certification Board

[Part 2 Heading amended by No. 9 of 2022, s. 25, Applied:01 Jul 2023] [Part 2 Heading amended by No. 15 of 2015, s. 7, Applied:29 May 2015]

Division 1 Tasmanian Assessment, Standards and Certification Board

[Division 1 of Part 2 Heading amended by No. 9 of 2022, s. 26, Applied:01 Jul 2023] [Division 1 of Part 2 Heading amended by No. 15 of 2015, s. 8, Applied:29 May 2015]

7 Tasmanian Assessment, Standards and Certification Board

[Section 7 Subsection (1) substituted by No. 15 of 2015, s. 9, Applied:29 May 2015] [Section 7 Subsection (2) amended by No. 15 of 2015, s. 9, Applied:29 May 2015] [Section 7 Subsection (3) amended by No. 15 of 2015, s. 9, Applied:29 May 2015] [Section 7 Substituted by No. 9 of 2022, s. 27, Applied:01 Jul 2023]

(1)  The Tasmanian Assessment, Standards and Certification Board is established.

(2)  The Board –

(a) is a body corporate with perpetual succession; and

(b) may have a seal; and

(c) may sue and be sued in its corporate name.

(3)  If the Board has a seal –

(a) it is to be kept, and used as authorised, by the Board; and

(b) all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Board.

8 Membership of Board

[Section 8 Substituted by No. 15 of 2015, s. 10, Applied:29 May 2015] [Section 8 Substituted by No. 9 of 2022, s. 27, Applied:01 Jul 2023]

(1)  The Board consists of such number of members, including the chairperson, not exceeding 7 but not fewer than 5, as the Minister appoints.

(2)  Until the members of the Board are appointed under subsection (1) , the Registrar is to perform the functions and exercise the powers of the Board.

(3)  Before appointing a member under subsection (1) , the Minister is to give notice so that persons interested in being members may provide written expressions of interest to the Minister.

(4)  Notice given under subsection (3)  –

(a) is to be given by publication in one or more daily newspapers published and circulating in the State; and

(b) may be given –

(i) by publication in a journal, periodical or other document; and

(ii) by publication or broadcast, by means of the internet, in any format; and

(iii) in print, or electronic communication meant for one or more persons.

(5)  In appointing members under subsection (1) , the Minister is to ensure that the members –

(a) collectively, have the following skills:

(i) general board governance skills;

(ii) skills relevant to the Board’s functions; and

(b) represent the diversity of the community; and

(c) each hold a current registration under the Registration to Work with Vulnerable People Act 2013 .

(6)  In appointing the members of the Board, the Minister –

(a) is to have regard to all expressions of interest provided to the Minister under subsection (3) ; and

(b) may have regard to advice sought from an advisory council established under section 249 of the Education Act 2016 ; and

(c) may have regard to advice from any existing members of the Board regarding the skills required.

(7)  The Minister is to appoint a chairperson.

(8)  Schedule 1 has effect with respect to the membership and meetings of the Board.

9 Objectives of Board

[Section 9 Amended by No. 15 of 2015, s. 11, Applied:29 May 2015] [Section 9 Amended by No. 9 of 2022, s. 28, Applied:01 Jul 2023] The objectives of the Board are to ensure that –

(a) relevant national standards and State standards for senior secondary education, vocational education and training and higher education are monitored and met; and

(b) links between qualifications for senior secondary education, vocational education and training, higher education and other education are developed or improved; and

(c) throughout a person's life as wide a range of qualifications as practicable can be obtained and recognised in senior secondary education, vocational education and training, higher education and other education.

10 Functions of Board

[Section 10 Amended by No. 59 of 2007, s. 6, Applied:01 Jan 2008] [Section 10 Amended by No. 59 of 2007, s. 6, Applied:01 Jan 2008] [Section 10 Amended by No. 59 of 2007, s. 6, Applied:01 Jan 2008] [Section 10 Amended by No. 59 of 2007, s. 6, Applied:01 Jan 2008] [Section 10 Amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012] [Section 10 Substituted by No. 15 of 2015, s. 12, Applied:29 May 2015]

(1)  [Section 10 Subsection (1) amended by No. 9 of 2022, s. 29, Applied:01 Jul 2023] The Board has the following functions:

(a) to provide a consolidated statement of the approved qualifications and other qualifications of a person at his or her request;

(b) to accredit courses for senior secondary education, higher education and other education;

(c) to register providers of higher education;

(d) to determine standards and qualifications in senior secondary education and other education and to provide for or determine related matters;

(e) to set, to conduct or arrange for the conduct of and to mark examinations and assessments in senior secondary education and other education and to provide for or determine related matters;

(f) to accredit education programs for overseas students, register providers of such programs and provide for or determine related matters;

(g) to collect, record and distribute individual student information relating to senior secondary education, vocational education, higher education and other education;

(h) to provide advice to the Minister on matters relating to qualifications;

(i) to –

(i) collect and record data relating to the educational outcomes, attainment, retention and assessment of students; and

(ii) collect and record student demographic data; and

(iii) provide to the Minister, at the request of the Minister, the data collected and recorded under subparagraphs (i) and (ii) or such of that data as is specified in the Minister's request; and

(iv) provide to the Secretary of the Department, for the purpose of performing his or her functions under this or any other Act, the data collected and recorded under subparagraphs (i) and (ii) in so far as it relates to State schools; and

(v) provide to a school, or an organisation representing all or a group of registered schools, the data collected and recorded under subparagraphs (i) and (ii) in so far as it relates to that school or to a registered school represented by that organisation;

(j) to distribute the data referred to in paragraph (i) , or part of that data, as required by or under any law;

(k) [Section 10 Subsection (1) amended by No. 9 of 2022, s. 29, Applied:01 Jul 2023] to provide to the Secretary of the Department, or another person or an organisation agreed by the Secretary and the Board, the data referred to in paragraph (i) so as to enable the Department to manage the data on behalf of the Board;

(l) [Section 10 Subsection (1) amended by No. 9 of 2022, s. 29, Applied:01 Jul 2023] functions imposed on the Board by any other Act;

(m) [Section 10 Subsection (1) amended by No. 9 of 2022, s. 29, Applied:01 Jul 2023] other functions imposed on the Board by this Act;

(n) [Section 10 Subsection (1) amended by No. 9 of 2022, s. 29, Applied:01 Jul 2023] other functions imposed on the Board by the Minister by written notice provided to the Board.

(2)  For the purposes of subsection (1)(i)(iii) and (v) , information that identifies a student may only be distributed to the school, or an organisation representing the registered school, that the student attends.

(3)  Nothing in this section prevents any school or organisation representing all, or a group of, registered schools from providing data acquired under, or of a kind referred to in, subsection (1)(i) to any school or any such organisation.

11 Powers of Board

[Section 11 Amended by No. 15 of 2015, s. 13, Applied:29 May 2015] [Section 11 Amended by No. 9 of 2022, s. 30, Applied:01 Jul 2023] The Board has the following powers:

(a) authorising and directing the undertaking of investigations, inspections, examinations and reviews for the purposes of this Act;

(ab) [Section 11 Amended by No. 59 of 2007, s. 7, Applied:01 Jan 2008] [Section 11 Amended by No. 15 of 2015, s. 13, Applied:29 May 2015] [Section 11 Amended by No. 9 of 2022, s. 30, Applied:01 Jul 2023] undertaking audits of providers of education or training at the request of persons the Board considers have an interest in the provision of education or training by those providers;

(b) acquiring, holding, disposing of and otherwise dealing with property;

(c) entering into contracts, including a contract with another person for the performance or exercise of any of its functions or powers by or jointly with that other person;

(d) setting charges, terms and conditions relating to work done, or services, goods or information supplied, by it;

(da) [Section 11 Amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012] collecting vocational education attainment data from registered training organisations operating in Tasmania;

(e) doing any other thing necessary or convenient to be done in connection with the performance or exercise of its functions and powers under this or any other Act.

11A Performance and exercise of functions and powers

[Section 11A Inserted by No. 9 of 2022, s. 31, Applied:01 Jul 2023]

(1)  In this section –

education regulator has the same meaning as in the Education Act 2016 .

(2)  In performing functions and exercising powers under this Act, the Board, staff made available to the Board under section 18 and any committee established by the Board are to have regard to any principles of education regulator best practice specified in a Ministerial instruction issued under section 6 of the Education Act 2016 for the purposes of this section.

12 Delegation

[Section 12 Amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012] [Section 12 Amended by No. 15 of 2015, s. 14, Applied:29 May 2015] [Section 12 Substituted by No. 9 of 2022, s. 32, Applied:01 Jul 2023]

(1)  The Board may delegate any of its functions, duties or powers under this Act or any other Act, other than this power of delegation.

(2)  The Registrar may delegate to a State Service officer or State Service employee employed in the Department any of his or her functions, duties or powers under this or any other Act, including a function, duty or power delegated to him or her by the Board, other than this power of delegation.

13 Ministerial statement of expectations

[Section 13 Subsection (1) substituted by No. 15 of 2015, s. 15, Applied:29 May 2015] [Section 13 Subsection (2) amended by No. 15 of 2015, s. 15, Applied:29 May 2015] [Section 13 Subsection (3) amended by No. 15 of 2015, s. 15, Applied:29 May 2015] [Section 13 Substituted by No. 9 of 2022, s. 32, Applied:01 Jul 2023]

(1)  The Minister, before 31 December in each year, is to give to the Board a statement setting out the Minister’s expectations for the Board (a Ministerial statement of expectations) in relation to the period of 12 months commencing 1 July of the next year (or other such period as may be determined by the Minister).

(2)  In preparing a Ministerial statement of expectations, the Minister is to have regard to the Board’s functions and powers.

(3)  A Ministerial statement of expectations is not to –

(a) prevent the Board from performing a function that it is required to perform or from otherwise complying with any Act; or

(b) extend the functions or powers of the Board; or

(c) seek to direct the Board in relation to a decision made under the Act regarding an individual case.

(4)  The Board must perform its functions and duties in a manner consistent with an applicable Ministerial statement of expectations.

(5)  The Minister, on his or her own motion or at the request of the Board, may at any time amend a Ministerial statement of expectations.

(6)  A Ministerial statement of expectations and any amendment of it is to be in writing and signed by the Minister.

(7)  An amendment to a Ministerial statement of expectations takes effect on such day as is specified in the instrument of amendment.

(8)  The Minister may consult with the Board in preparing a Ministerial statement of expectations and any amendment of a Ministerial statement of expectations.

13A Corporate plan by Board

[Section 13A Inserted by No. 9 of 2022, s. 32, Applied:01 Jul 2023]

(1)  The Board is to prepare a corporate plan annually.

(2)  A corporate plan is to include targets that measure the performance outcomes of the functions of the Board.

(3)  A corporate plan is to be –

(a) consistent with an applicable Ministerial statement of expectations given under section 13 ; and

(b) in such form, if any, as specified in a Ministerial instruction issued under section 6 of the Education Act 2016 .

(4)  In preparing a corporate plan, the Board –

(a) is to consult the Minister; and

(b) may consult such other persons as it considers appropriate.

(5)  After preparing a corporate plan, the Board is to submit a draft of the plan to the Minister for approval.

(6)  The Minister may –

(a) approve the draft corporate plan as submitted; or

(b) require the Board to amend the draft corporate plan and resubmit it for approval.

(7)  To avoid doubt, the Minister’s power under subsection (6)(b) may be exercised more than once.

(8)  If a draft corporate plan is approved by the Minister –

(a) it takes effect as the corporate plan of the Board for the period specified in a Ministerial instruction issued under section 6 of the Education Act 2016 for the purposes of this section; and

(b) the Board is to act in accordance with the corporate plan during that period.

(9)  The Board, having regard to changes of circumstance or for other reasonable cause, may prepare an amendment to the corporate plan at any time.

(10)  Subsections (4) , (5) , (6) , (7) and (8) have the same application to an amendment as they have to the plan itself, and the amendment takes effect once it has been approved by the Minister.

(11)  The Board is to ensure that the current corporate plan, and the current Ministerial statement of expectations given to the Board under section 13 , are available for public inspection in such manner as the Board determines.

14 Responsibility of Board

[Section 14 Amended by No. 15 of 2015, s. 16, Applied:29 May 2015] [Section 14 Substituted by No. 9 of 2022, s. 32, Applied:01 Jul 2023]

(1)  The Board is responsible –

(a) to the Minister, in relation to any functions and powers performed and exercised under sections 10 and 11 ; and

(b) to the Secretary of the Department, in relation to all other functions and powers performed and exercised by the Board in accordance with this or any other Act.

(2)  Despite subsection (1) , neither the Minister nor the Secretary of the Department may direct the Board in relation to an individual decision made under the Act.

14A Independent review of Board

[Section 14A Inserted by No. 9 of 2022, s. 32, Applied:01 Jul 2023]

(1)  In this section –

independent review means a review conducted by persons who –

(a) in the Minister's opinion, are appropriately qualified for that task; and

(b) include one or more persons who are not State Service employees or State Service officers or employees of any agency of the State.

(2)  The Minister may require an independent review of the operation of the Board to be conducted, including of the performance and exercise of its functions and powers.

(3)  The persons who conduct a review are to give the Minister a written report on its outcome.

Division 2

[Division 2 of Part 2 Repealed by No. 15 of 2015, s. 17, Applied:29 May 2015]

15.

[Section 15 Repealed by No. 15 of 2015, s. 17, Applied:29 May 2015]

Division 3 Registrar and staff of Board

[Division 3 of Part 2 Heading amended by No. 15 of 2015, s. 18, Applied:29 May 2015] [Division 3 of Part 2 Substituted by No. 9 of 2022, s. 33, Applied:01 Jul 2023]

16 Registrar

[Section 16 Substituted by No. 15 of 2015, s. 19, Applied:29 May 2015] [Section 16 Substituted by No. 9 of 2022, s. 33, Applied:01 Jul 2023] The Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department, other than a member of the Board, to be the Registrar and that State Service officer or State Service employee may hold the office of Registrar in conjunction with his or her other State Service employment.

17 Roles, functions and duties of Registrar

[Section 17 Substituted by No. 15 of 2015, s. 19, Applied:29 May 2015] [Section 17 Substituted by No. 9 of 2022, s. 33, Applied:01 Jul 2023]

(1)  The Registrar is responsible to the Board for the general administration of the Board.

(2)  The Registrar –

(a) must perform any functions, and may exercise any powers, delegated to the Registrar by the Board; and

(b) must perform any other functions imposed on, and may exercise any other powers granted to, the Registrar by this or any other Act.

(3)  The Registrar may delegate any of his or her functions or powers under this Act other than this power of delegation.

(4)  The Registrar is responsible –

(a) to the Board, in relation to any functions or powers delegated under subsection (2)(a) ; and

(b) to the Secretary of the Department in relation to all other functions and powers performed and exercised by the Registrar in accordance with this or any other Act.

18 Staff

[Section 18 Repealed by No. 15 of 2015, s. 19, Applied:29 May 2015]

(1)  The Board may arrange with the Secretary of the Department for State Service officers and State Service employees employed in the Department to be made available to enable the Board to perform and exercise its functions and powers.

(2)  On the written request of the Board, the Secretary of the Department may arrange with the Head of a State Service Agency for State Service officers and State Service employees employed in that Agency to be made available to enable the Board to perform and exercise its functions and powers.

(3)  All expenses associated with the use by the Board of a State Service officer or State Service employee made available under subsection (2) to the Board by the Head of a State Service Agency are to be met by the Board unless otherwise agreed between the Secretary of the Department and the Head of that Agency.

19 Authorised officers

[Section 19 Subsection (1) substituted by No. 15 of 2015, s. 20, Applied:29 May 2015] [Section 19 Subsection (2) amended by No. 15 of 2015, s. 20, Applied:29 May 2015] [Section 19 Substituted by No. 9 of 2022, s. 33, Applied:01 Jul 2023]

(1)  The Board may appoint a State Service officer or State Service employee made available to the Board under section 18 to be an authorised officer.

(2)  The Board is to ensure that each authorised officer has a current identity card that is issued by the Board and contains a recent photograph of the officer.

Division 4 Committees

20 Committees

(1)  [Section 20 Subsection (1) amended by No. 9 of 2022, s. 34, Applied:01 Jul 2023] [Section 20 Subsection (1) amended by No. 15 of 2015, s. 21, Applied:29 May 2015] [Section 20 Subsection (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012] The Board may establish one or more committees to advise and assist the Board in the performance and exercise of its functions and powers under this Act or any other Act.

(2)  [Section 20 Subsection (2) amended by No. 9 of 2022, s. 34, Applied:01 Jul 2023] [Section 20 Subsection (2) amended by No. 15 of 2015, s. 21, Applied:29 May 2015] A committee consists of such persons as the Board appoints.

(3)  [Section 20 Subsection (3) amended by No. 9 of 2022, s. 34, Applied:01 Jul 2023] [Section 20 Subsection (3) substituted by No. 15 of 2015, s. 21, Applied:29 May 2015] The Registrar, or a member of the Board, or both, may be a member of a committee.

(4)  [Section 20 Subsection (4) amended by No. 15 of 2015, s. 21, Applied:29 May 2015] [Section 20 Subsection (4) omitted by No. 9 of 2022, s. 34, Applied:01 Jul 2023] .  .  .  .  .  .  .  .  

(5)  [Section 20 Subsection (5) omitted by No. 9 of 2022, s. 34, Applied:01 Jul 2023] .  .  .  .  .  .  .  .  

(6)  A member of a committee holds office on such conditions in relation to matters not provided for by this Act as are specified in the instrument of appointment.

(7)  [Section 20 Subsection (7) amended by No. 9 of 2022, s. 34, Applied:01 Jul 2023] [Section 20 Subsection (7) amended by No. 15 of 2015, s. 21, Applied:29 May 2015] At any time, the Board may abolish a committee.

21 Procedure of committees

(1)  A committee must keep accurate minutes of its meetings.

(2)  Except as otherwise provided in this Act, a committee may regulate its own proceedings.

Division 5 Financial affairs

22 Authorised deposit-taking institution accounts

[Section 22 Amended by No. 15 of 2015, s. 22, Applied:29 May 2015] [Section 22 Amended by No. 9 of 2022, s. 35, Applied:01 Jul 2023] The Board may open and maintain such authorised deposit-taking institution accounts as it considers necessary.

23 Accounting records

(1)  [Section 23 Subsection (1) amended by No. 9 of 2022, s. 36, Applied:01 Jul 2023] [Section 23 Subsection (1) amended by No. 15 of 2015, s. 23, Applied:29 May 2015] The Board is to –

(a) keep such accounting records as correctly record and explain its transactions (including any transactions as trustee) and financial position; and

(b) keep those records in a manner that –

(i) [Section 23 Subsection (1) amended by No. 15 of 2015, s. 23, Applied:29 May 2015] [Section 23 Subsection (1) amended by No. 9 of 2022, s. 36, Applied:01 Jul 2023] allows true and fair accounts of the Board to be prepared from time to time; and

(ii) allows its accounts to be conveniently and properly audited or reviewed; and

(iii) [Section 23 Subsection (1) amended by No. 15 of 2015, s. 23, Applied:29 May 2015] [Section 23 Subsection (1) amended by No. 9 of 2022, s. 36, Applied:01 Jul 2023] subject to any contrary written direction given by the Treasurer to the Board under subsection (2) , complies with Australian Accounting Standards; and

(iv) [Section 23 Subsection (1) amended by No. 15 of 2015, s. 23, Applied:29 May 2015] [Section 23 Subsection (1) amended by No. 9 of 2022, s. 36, Applied:01 Jul 2023] complies with any written directions given by the Minister or Treasurer to the Board under subsection (2) .

(2)  [Section 23 Subsection (2) amended by No. 9 of 2022, s. 36, Applied:01 Jul 2023] [Section 23 Subsection (2) amended by No. 15 of 2015, s. 23, Applied:29 May 2015] The Treasurer or Minister may give written directions to the Board for the purposes of subsection (1) .

(3)  [Section 23 Subsection (3) substituted by No. 9 of 2022, s. 36, Applied:01 Jul 2023] Subject to this section, Treasurer's Instructions apply to, and in relation to, the Board as if it were an Agency within the meaning of the Financial Management Act 2016 .

(4)  [Section 23 Subsection (4) inserted by No. 9 of 2022, s. 36, Applied:01 Jul 2023] The Treasurer, by notice to the Board, may modify Treasurer's Instructions in their application to the Board.

(5)  [Section 23 Subsection (5) inserted by No. 9 of 2022, s. 36, Applied:01 Jul 2023] If the Treasurer gives the Board a notice under subsection (4) modifying Treasurer's Instructions in their application to the Board, the Treasurer's Instructions that apply to and in respect of the Board are to be taken to be, for the purposes of this Act and the Financial Management Act 2016 , modified in accordance with the notice.

24 Annual report by Board

[Section 24 Substituted by No. 59 of 2007, s. 8, Applied:01 Jan 2008] [Section 24 Substituted by No. 15 of 2015, s. 24, Applied:29 May 2015] [Section 24 Substituted by No. 9 of 2022, s. 37, Applied:01 Jul 2023]

(1)  The Board, in each year, is to provide to the Minister a report on the performance and exercise of its functions and powers for the period of 12 months that ended on the last preceding 30 June (or such other period of 12 months as may be determined by the Minister).

(2)  The report is to –

(a) include –

(i) a statement regarding the achievement of targets set out in the corporate plan approved and in effect under section 13A ; and

(ii) the financial statements of the Board, as audited by the Auditor-General, for the financial year ending on 30 June in the year to which the annual report relates (or other period as determined by the Minister); and

(iii) details of any changes to the membership of the Board; and

(iv) any information required by the Minister; and

(b) be completed by the date determined by the Minister.

(3)  In each year, the Minister is to, on or before 31 October or such other date as may be prescribed, cause a copy of the report referred to in subsection (1) to be laid on the table of each House of Parliament.

(4)  A date prescribed for the purposes of subsection (3) is to be a date not later than 4 months after the end of the period of 12 months referred to in subsection (1) .

(5)  If the Minister is unable to comply with subsection (3) by reason of the fact that either House of Parliament is not sitting, the Minister, on 31 October or such other date as is prescribed under subsection (3) , as the case may require, is to –

(a) forward a copy of the report referred to in subsection (1) to the Clerk of the Legislative Council and the Clerk of the House of Assembly; and

(b) make the report available to the public –

and, within the next 7 sitting-days of that House, is to cause a copy of the report to be laid before that House.

(6)  If 31 October or such other date as is prescribed under subsection (3) is a Sunday or any day which is a bank holiday or a public holiday throughout the State (an excluded day), subsection (5) is taken to be complied with if a copy of the report is forwarded to the Clerk of the Legislative Council and the Clerk of the House of Assembly, and is made available to the public, on the next day afterwards, not being an excluded day.

24AA Framework agreement by Board

[Section 24AA Inserted by No. 9 of 2022, s. 37, Applied:01 Jul 2023] The Board is to enter into an agreement with the Secretary that includes the following matters:

(a) the budget of the Board;

(b) the staff made available to the Board under section 18 , and details regarding their selection and performance management;

(c) support and functions to be provided to the Board by the Secretary;

(d) the information-sharing arrangements between the Board and the Secretary;

(e) the application to the Board of the policies, procedures and guidelines of the Department;

(f) the manner in which the Board is accountable to the Secretary in relation to budget outcomes and other outcomes;

(g) any cost recovery arrangements between the Secretary and the Board.

Part 3 Senior Secondary Education

24A Priorities for curriculum

[Section 24A Inserted by No. 15 of 2015, s. 25, Applied:29 May 2015] The Minister –

(a) is to establish the priorities for the development of the curriculum for senior secondary education; and

(b) is to cause those priorities to be published on the website of the Department; and

(c) may make those priorities available to the public, free of charge, in any other manner the Minister considers appropriate.

24B Responsibilities of Secretary of Department for senior secondary curriculum

[Section 24B Inserted by No. 15 of 2015, s. 25, Applied:29 May 2015]

(1)  [Section 24B Subsection (1) omitted by No. 47 of 2016, s. 16, Applied:10 Jul 2017] .  .  .  .  .  .  .  .  

(2)  The Secretary of the Department has the following responsibilities in relation to the curriculum for senior secondary education:

(a) to advise the Minister on the priorities in relation to the development or revision of the curriculum for senior secondary education;

(b) to cause the Department to develop, and regularly revise, the curriculum for senior secondary education;

(c) to ensure that the curriculum for senior secondary education is –

(i) developed and revised in accordance with any priorities established by the Minister under section 24A ; and

(ii) [Section 24B Subsection (2) amended by No. 47 of 2016, s. 16, Applied:10 Jul 2017] suitable for use in State schools and registered schools.

(3)  In undertaking his or her responsibilities, the Secretary of the Department is to –

(a) consult and work collaboratively with any organisations that represent all, or any group of, registered schools; and

(b) consult with relevant teacher unions, and associations that represent parents of students, and take their opinions into consideration; and

(c) consider –

(i) the needs of the Tasmanian workforce; and

(ii) the needs of providers of vocational education and training, and of higher education, in developing their own accredited training courses and higher education courses.

24C Committees

[Section 24C Inserted by No. 15 of 2015, s. 25, Applied:29 May 2015]

(1)  The Secretary of the Department may establish such committees as he or she considers appropriate to advise him or her in relation to the undertaking, performance and exercise of his or her responsibilities, functions and powers under this Act.

(2)  A committee consists of such persons as the Secretary of the Department appoints after consulting with all organisations that represent all, or any group of, registered schools.

(3)  The Secretary of the Department may be a member of a committee.

(4)  A member of a committee holds office as a member for the term, and on the conditions, specified in his or her instrument of appointment.

(5)  The Secretary of the Department may abolish a committee at any time.

24D Procedure of committees

[Section 24D Inserted by No. 15 of 2015, s. 25, Applied:29 May 2015]

(1)  The Secretary of the Department, in writing provided to a committee established under section 24C , may provide for the regulation of its proceedings.

(2)  A committee established under section 24C must keep accurate minutes of its proceedings.

(3)  Except as otherwise provided by the Secretary of the Department or by this Act, a committee established under section 24C may regulate its own proceedings.

24E Development and review of senior secondary accreditation framework

[Section 24E Inserted by No. 15 of 2015, s. 25, Applied:29 May 2015]

(1)  [Section 24E Subsection (1) amended by No. 9 of 2022, s. 38, Applied:01 Jul 2023] The Board is to –

(a) develop a draft framework relating to the accreditation of senior secondary courses; and

(b) at the request of the Minister or from time to time on its own discretion, review the senior secondary accreditation framework.

(2)  [Section 24E Subsection (2) substituted by No. 9 of 2022, s. 38, Applied:01 Jul 2023] In developing the draft framework, providing a substitute draft framework in accordance with the Minister's requirement under section 24F(2)(c) or reviewing the senior secondary accreditation framework, the Board –

(a) is to consult with one or more organisations that represent all, or any group of, schools that offer senior secondary education; and

(b) may consult with one or more schools that offer senior secondary education.

(3)  [Section 24E Subsection (3) amended by No. 9 of 2022, s. 38, Applied:01 Jul 2023] After a review of the senior secondary accreditation framework, the Board is to, as it considers appropriate, prepare –

(a) a draft amendment to the senior secondary accreditation framework; or

(b) a draft framework to be substituted for the senior secondary accreditation framework; or

(c) a report stating that the senior secondary accreditation framework does not need amendment or replacement and the reasons supporting that conclusion.

24F Senior secondary accreditation framework

[Section 24F Inserted by No. 15 of 2015, s. 25, Applied:29 May 2015]

(1)  [Section 24F Subsection (1) amended by No. 9 of 2022, s. 39, Applied:01 Jul 2023] [Section 24F Subsection (1) amended by No. 9 of 2022, s. 39, Applied:01 Jul 2023] After completing under section 24E(1) or (3)  –

(a) a draft framework; or

(b) a draft amendment to the senior secondary accreditation framework; or

(c) a substitute draft framework to replace the senior secondary accreditation framework; or

(d) a report stating that the senior secondary accreditation framework does not need amendment or replacement –

the Board is to provide it to the Minister.

(2)  On receipt of a draft framework, the Minister may –

(a) approve the draft framework; or

(b) [Section 24F Subsection (2) amended by No. 9 of 2022, s. 39, Applied:01 Jul 2023] require the Board to amend the draft framework and provide the amended draft framework for approval; or

(c) [Section 24F Subsection (2) amended by No. 9 of 2022, s. 39, Applied:01 Jul 2023] require the Board to provide a substitute draft framework for approval.

(3)  The framework is to include –

(a) priorities for the accreditation of senior secondary courses; and

(b) the processes for determining whether or not to accredit any senior secondary course; and

(c) the standards which must be met by a senior secondary course for it to be accredited as a senior secondary course.

(4)  The framework may include any other matters the Minister considers appropriate.

(5)  [Section 24F Subsection (5) amended by No. 9 of 2022, s. 39, Applied:01 Jul 2023] If the Minister is provided by the Board with a draft amendment to the senior secondary accreditation framework, or a substitute draft framework for the senior secondary accreditation framework together with a recommendation that the senior secondary accreditation framework be rescinded and substituted, the Minister may –

(a) approve the draft amendment of the framework or rescind the framework and substitute the substitute draft framework; or

(b) [Section 24F Subsection (5) amended by No. 9 of 2022, s. 39, Applied:01 Jul 2023] require the Board to amend the draft amendment or substitute draft framework and provide the amended draft amendment or substitute draft framework for approval.

(6)  [Section 24F Subsection (6) amended by No. 9 of 2022, s. 39, Applied:01 Jul 2023] If the Minister is provided by the Board with a report stating that the senior secondary accreditation framework does not need amendment or replacement, the Minister may –

(a) accept that report and neither amend nor rescind and substitute the senior secondary accreditation framework; or

(b) [Section 24F Subsection (6) amended by No. 9 of 2022, s. 39, Applied:01 Jul 2023] require the Board to provide a draft amendment to the senior secondary accreditation framework or a substitute draft framework for the senior secondary accreditation framework.

(7)  [Section 24F Subsection (7) amended by No. 9 of 2022, s. 39, Applied:01 Jul 2023] The Minister is to provide a copy of the senior secondary accreditation framework, and any amendment to the senior secondary accreditation framework or substitute senior secondary accreditation framework, to the Board and, so as to assist the Secretary of the Department in undertaking his or her responsibilities under section 24B , to the Secretary.

(7A)  [Section 24F Subsection (7A) inserted by No. 9 of 2022, s. 39, Applied:01 Jul 2023] The Board –

(a) is to perform and exercise its functions and powers in a manner that is consistent with the senior secondary accreditation framework; and

(b) in so performing and exercising its functions and powers in relation to the senior secondary accreditation framework, may consult with –

(i) one or more organisations that represent all, or any group of, schools that offer senior secondary education; and

(ii) one or more schools that offer senior secondary education.

(8)  [Section 24F Subsection (8) substituted by No. 9 of 2022, s. 39, Applied:01 Jul 2023] The Board –

(a) is to publish the senior secondary accreditation framework, as amended or substituted from time to time, on its website; and

(b) may publish the framework, or make it available to the public, in any other manner the Board considers appropriate.

(9)  The senior secondary accreditation framework, an amendment to it, and a substitute senior secondary accreditation framework are not statutory rules for the purposes of the Rules Publication Act 1953 .

24G.

[Section 24G Inserted by No. 15 of 2015, s. 25, Applied:29 May 2015] [Section 24G Repealed by No. 9 of 2022, s. 40, Applied:01 Jul 2023]

24H.

[Section 24H Inserted by No. 15 of 2015, s. 25, Applied:29 May 2015] [Section 24H Repealed by No. 9 of 2022, s. 40, Applied:01 Jul 2023]

24I.

[Section 24I Inserted by No. 15 of 2015, s. 25, Applied:29 May 2015] [Section 24I Repealed by No. 9 of 2022, s. 40, Applied:01 Jul 2023]

Division 1A [Division 1A of Part 3 Heading inserted by No. 15 of 2015, s. 26, Applied:29 May 2015] Accredited senior secondary courses

25 Application for accreditation of senior secondary course

(1)  [Section 25 Subsection (1) amended by No. 9 of 2022, s. 41, Applied:01 Jul 2023] [Section 25 Subsection (1) amended by No. 15 of 2015, s. 27, Applied:29 May 2015] A person who provides, or proposes to provide, a senior secondary course in Tasmania or elsewhere may apply to the Board for accreditation of that course.

(2)  [Section 25 Subsection (2) amended by No. 9 of 2022, s. 41, Applied:01 Jul 2023] [Section 25 Subsection (2) substituted by No. 15 of 2015, s. 27, Applied:29 May 2015] An application is to be in a form approved by the Board.

(3)  [Section 25 Subsection (3) amended by No. 9 of 2022, s. 41, Applied:01 Jul 2023] [Section 25 Subsection (3) amended by No. 15 of 2015, s. 27, Applied:29 May 2015] The Board may require the applicant to provide any further information it considers relevant to the application.

26 Accreditation of senior secondary course

(1)  [Section 26 Subsection (1) omitted by No. 15 of 2015, s. 28, Applied:29 May 2015] .  .  .  .  .  .  .  .  

(2)  [Section 26 Subsection (2) amended by No. 9 of 2022, s. 42, Applied:01 Jul 2023] [Section 26 Subsection (2) amended by No. 15 of 2015, s. 28, Applied:29 May 2015] On receipt of an application under section 25 , the Board may –

(a) accredit the senior secondary course; or

(b) refuse to accredit the senior secondary course.

(3)  [Section 26 Subsection (3) amended by No. 9 of 2022, s. 42, Applied:01 Jul 2023] [Section 26 Subsection (3) amended by No. 15 of 2015, s. 28, Applied:29 May 2015] The Board must accredit a senior secondary course if satisfied –

(a) that each of the following matters is adequately provided for and of sufficient standard to allow the granting of a qualification to a person successfully completing the course:

(i) the aims and learning outcomes of the course;

(ii) the scope of the studies involved in the course;

(iii) the assessment processes used, or to be used, to determine whether a student has achieved the learning outcomes of the course; and

(ab) [Section 26 Subsection (3) amended by No. 15 of 2015, s. 28, Applied:29 May 2015] that the course has been developed in accordance with the senior secondary accreditation framework; and

(b) that the course and the methods of delivering the course are likely to achieve the purposes, aims and learning outcomes of the course; and

(c) [Section 26 Subsection (3) amended by No. 15 of 2015, s. 28, Applied:29 May 2015] that the contents and standards of the course, and the methods of delivering the course, are consistent with any relevant national standards.

(4)  [Section 26 Subsection (4) amended by No. 9 of 2022, s. 42, Applied:01 Jul 2023] [Section 26 Subsection (4) amended by No. 15 of 2015, s. 28, Applied:29 May 2015] When accrediting a senior secondary course, the Board may determine –

(a) that the course is an accredited course of a particular class or level; and

(b) the qualification that will be conferred on the successful completion of the course.

(5)  [Section 26 Subsection (5) amended by No. 9 of 2022, s. 42, Applied:01 Jul 2023] [Section 26 Subsection (5) amended by No. 15 of 2015, s. 28, Applied:29 May 2015] If on considering an application under section 25 the Board accredits, or refuses to accredit, a senior secondary course, the Board is to provide written notice of that decision to the applicant.

27 Term of accreditation of accredited senior secondary course

[Section 27 Amended by No. 15 of 2015, s. 29, Applied:29 May 2015] [Section 27 Amended by No. 9 of 2022, s. 43, Applied:01 Jul 2023] An accredited senior secondary course is accredited for the period determined by the Board.

28 Renewal of accreditation as accredited senior secondary course

[Section 28 Substituted by No. 15 of 2015, s. 30, Applied:29 May 2015]

(1)  A person who applied for the accreditation of an accredited senior secondary course may apply for the renewal of the accreditation of that course not less than 6 calendar months before the accreditation ceases to have effect.

(2)  [Section 28 Subsection (2) amended by No. 9 of 2022, s. 44, Applied:01 Jul 2023] The Board may require the applicant to provide any further information it considers relevant to the application.

(3)  [Section 28 Subsection (3) amended by No. 9 of 2022, s. 44, Applied:01 Jul 2023] On receipt of an application, the Board may –

(a) renew the accreditation of the senior secondary course; or

(b) refuse to renew the accreditation of the senior secondary course.

(4)  [Section 28 Subsection (4) amended by No. 9 of 2022, s. 44, Applied:01 Jul 2023] The Board may only renew the accreditation of the senior secondary course if satisfied that the course complies with the senior secondary accreditation framework.

(5)  [Section 28 Subsection (5) amended by No. 9 of 2022, s. 44, Applied:01 Jul 2023] The Board may only refuse to renew the accreditation of the senior secondary course if satisfied that –

(a) the course and the methods of delivering the course are no longer achieving the purposes, aims and learning outcomes of the course; or

(b) the contents and standards of the course, and the methods of delivering the course are no longer consistent with any relevant national standards.

(6)  [Section 28 Subsection (6) amended by No. 9 of 2022, s. 44, Applied:01 Jul 2023] If the Board renews the accreditation of a senior secondary course –

(a) [Section 28 Subsection (6) amended by No. 9 of 2022, s. 44, Applied:01 Jul 2023] the course is accredited for the period determined by the Board; and

(b) the qualification that is conferred on the successful completion of the course remains the same qualification as was conferred before the renewal.

(7)  [Section 28 Subsection (7) amended by No. 9 of 2022, s. 44, Applied:01 Jul 2023] If on considering an application the Board renews, or refuses to renew, the accreditation of a senior secondary course, the Board is to provide written notice of that decision to the applicant.

29 Cancellation of accreditation as accredited senior secondary course

(1)  [Section 29 Subsection (1) amended by No. 9 of 2022, s. 45, Applied:01 Jul 2023] [Section 29 Subsection (1) amended by No. 15 of 2015, s. 31, Applied:29 May 2015] The Board may, at any time in writing, cancel the accreditation of an accredited senior secondary course if the Board is no longer satisfied of the matters specified in section 26(3) .

(2)  A cancellation takes effect on the day specified in it.

30 Offence of falsely claiming to provide accredited course

A person who provides a course must not claim, or otherwise represent in any manner, that it is an accredited senior secondary course unless the course is an accredited senior secondary course.

Penalty:  Fine not exceeding 200 penalty units.

31 Assessment of accredited senior secondary courses

[Section 31 Amended by No. 59 of 2007, s. 10, Applied:01 Jan 2008] [Section 31 Amended by No. 15 of 2015, s. 32, Applied:29 May 2015] [Section 31 Amended by No. 9 of 2022, s. 46, Applied:01 Jul 2023] The Board may determine procedures and arrangements, and may set, conduct or arrange for the conduct of and mark examinations and assessments, for the assessment of persons undertaking accredited senior secondary courses.

32 Conferral or issue of approved qualification

[Section 32 Amended by No. 15 of 2015, s. 33, Applied:29 May 2015] [Section 32 Amended by No. 9 of 2022, s. 47, Applied:01 Jul 2023] Subject to section 33(4) , the Board, by written statement or otherwise, is to recognise the successful completion of an accredited senior secondary course by the conferral or issue of the approved qualification for that course.

33 Standards for provision and assessment of accredited senior secondary courses

(1)  [Section 33 Subsection (1) amended by No. 9 of 2022, s. 48, Applied:01 Jul 2023] [Section 33 Subsection (1) amended by No. 15 of 2015, s. 34, Applied:29 May 2015] The Board may set or adopt standards for the provision and assessment of accredited senior secondary courses.

(2)  [Section 33 Subsection (2) amended by No. 9 of 2022, s. 48, Applied:01 Jul 2023] [Section 33 Subsection (2) amended by No. 15 of 2015, s. 34, Applied:29 May 2015] For the purpose of ensuring that the provision and assessment of an accredited senior secondary course meets standards set under subsection (1) , the Board may give to a person providing or proposing to provide that course a written direction to do anything the Board considers appropriate.

(3)  A person must comply with a direction given under subsection (2) .

(4)  [Section 33 Subsection (4) amended by No. 9 of 2022, s. 48, Applied:01 Jul 2023] [Section 33 Subsection (4) amended by No. 15 of 2015, s. 34, Applied:29 May 2015] If an accredited senior secondary course provided by any person fails to meet standards set or adopted for the provision or assessment of that course, the Board may refuse to confer or issue an approved qualification to a student completing that course.

33A Examination or assessment of senior secondary education

[Section 33A Amended by No. 15 of 2015, s. 35, Applied:29 May 2015] [Section 33A of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008] [Section 33A Amended by No. 9 of 2022, s. 49, Applied:01 Jul 2023] The Board may determine procedures and arrangements, and may set, conduct or arrange for the conduct of and mark examinations and assessments, for the assessment of persons in respect of senior secondary education that has been obtained by those persons otherwise than by the successful completion of an accredited senior secondary course.

33B Senior secondary education qualification

[Section 33B Amended by No. 15 of 2015, s. 36, Applied:29 May 2015] [Section 33B of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008] [Section 33B Amended by No. 9 of 2022, s. 50, Applied:01 Jul 2023] If a person meets the standards required by the Board for success in an examination or assessment of the person's senior secondary education that was obtained otherwise than by the successful completion of an accredited senior secondary course, the Board is to issue to the person the approved qualification for that examination or assessment.

33C Standards and qualifications for senior secondary education

[Section 33C Amended by No. 15 of 2015, s. 37, Applied:29 May 2015] [Section 33C of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008] [Section 33C Amended by No. 9 of 2022, s. 51, Applied:01 Jul 2023] The Board may –

(a) set or adopt standards for examinations and assessments of the senior secondary education obtained by a person otherwise than by the successful completion of an accredited senior secondary course; and

(b) determine qualifications for the successful completion of such examinations and assessments.

33D Application for registration of student exchange organisation

[Section 33D of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008]

(1)  [Section 33D Subsection (1) amended by No. 9 of 2022, s. 52, Applied:01 Jul 2023] [Section 33D Subsection (1) amended by No. 15 of 2015, s. 38, Applied:29 May 2015] An organisation or other person that proposes to oversee or manage a student exchange program may apply to the Board for registration as a registered student exchange organisation.

(2)  An application is to be –

(a) [Section 33D Subsection (2) amended by No. 15 of 2015, s. 38, Applied:29 May 2015] [Section 33D Subsection (2) amended by No. 9 of 2022, s. 52, Applied:01 Jul 2023] in a form approved by the Board; and

(b) accompanied by any prescribed fee.

(3)  [Section 33D Subsection (3) amended by No. 9 of 2022, s. 52, Applied:01 Jul 2023] [Section 33D Subsection (3) amended by No. 15 of 2015, s. 38, Applied:29 May 2015] The Board may require the applicant to provide any further information, and any permissions for the release of information, it considers relevant to the application.

33E Registration as registered student exchange organisation

[Section 33E of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008]

(1)  [Section 33E Subsection (1) amended by No. 9 of 2022, s. 53, Applied:01 Jul 2023] [Section 33E Subsection (1) amended by No. 15 of 2015, s. 39, Applied:29 May 2015] On receipt of an application under section 33D , the Board may –

(a) register the applicant as a registered student exchange organisation; or

(b) refuse to so register the applicant.

(2)  [Section 33E Subsection (2) amended by No. 9 of 2022, s. 53, Applied:01 Jul 2023] [Section 33E Subsection (2) amended by No. 15 of 2015, s. 39, Applied:29 May 2015] In determining whether or not to register an applicant, the Board is to have regard to –

(a) any relevant national guidelines; and

(b) the aims of the proposed student exchange program; and

(c) the reciprocal arrangements between Tasmania and the other country under the proposed student exchange program; and

(d) the organisational and financial structure of the applicant; and

(e) the support offered under the proposed student exchange program to students in the program and the families accommodating those students; and

(f) the arrangements for health insurance for students in the proposed student exchange program; and

(g) the processes established by the proposed student exchange program for resolution of problems; and

(h) [Section 33E Subsection (2) amended by No. 15 of 2015, s. 39, Applied:29 May 2015] [Section 33E Subsection (2) amended by No. 9 of 2022, s. 53, Applied:01 Jul 2023] any other matter the Board considers relevant.

(3)  [Section 33E Subsection (3) amended by No. 9 of 2022, s. 53, Applied:01 Jul 2023] [Section 33E Subsection (3) amended by No. 15 of 2015, s. 39, Applied:29 May 2015] On registering or refusing to register an applicant, the Board is to notify the applicant, in writing, of that decision.

33F Registration (student exchange organisation) certificate

[Section 33F of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008]

(1)  [Section 33F Subsection (1) amended by No. 9 of 2022, s. 54, Applied:01 Jul 2023] [Section 33F Subsection (1) amended by No. 15 of 2015, s. 40, Applied:29 May 2015] On registering an organisation or other person as a registered student exchange organisation, the Board is to issue a registration (student exchange organisation) certificate to that organisation.

(2)  A registration (student exchange organisation) certificate is to specify –

(a) the period for which the registered student exchange organisation is registered; and

(b) [Section 33F Subsection (2) amended by No. 15 of 2015, s. 40, Applied:29 May 2015] [Section 33F Subsection (2) amended by No. 9 of 2022, s. 54, Applied:01 Jul 2023] any other matter the Board considers appropriate.

33G Term of registration

[Section 33G of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008]

(1)  The registration of a registered student exchange organisation has effect for the period not exceeding 5 years specified in the registration (student exchange organisation) certificate.

(2)  Registration of a person as a registered student exchange organisation takes effect on the day the registration (student exchange organisation) certificate is issued or on a later day specified in that certificate.

33H Registration fee

[Section 33H of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008] A registered student exchange organisation must pay any prescribed registration fee.

33I Amendment of registration

[Section 33I of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008]

(1)  [Section 33I Subsection (1) amended by No. 9 of 2022, s. 55, Applied:01 Jul 2023] [Section 33I Subsection (1) amended by No. 15 of 2015, s. 41, Applied:29 May 2015] The Board may amend the registration of a registered student exchange organisation on the request of the registered student exchange organisation or at its own discretion.

(2)  [Section 33I Subsection (2) amended by No. 9 of 2022, s. 55, Applied:01 Jul 2023] [Section 33I Subsection (2) amended by No. 15 of 2015, s. 41, Applied:29 May 2015] If the Board amends a registration under subsection (1) , the Board is to –

(a) notify the registered student exchange organisation, in writing, of that amendment; and

(b) either endorse that amendment on the registration (student exchange organisation) certificate or provide the registered student exchange organisation with a replacement registration (student exchange organisation) certificate.

(3)  The amendment of the registration of a registered student exchange organisation takes effect on the day specified in the notice provided to that organisation under subsection (2)(a) .

33J Renewal of registration

[Section 33J of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008]

(1)  A registered student exchange organisation may apply for the renewal of the registration not less than 6 calendar months before the registration ceases to have effect.

(2)  This Division applies in respect of an application for renewal of registration as a registered student exchange organisation, and that renewal, as if the application were an application for a first registration as a registered student exchange organisation.

(3)  [Section 33J Subsection (3) amended by No. 9 of 2022, s. 56, Applied:01 Jul 2023] [Section 33J Subsection (3) amended by No. 15 of 2015, s. 42, Applied:29 May 2015] A registered student exchange organisation must comply with the written requirement of the Board that the registration (student exchange organisation) certificate be surrendered to the Board for the purpose of amending it, or replacing it, as the Board determines appropriate on the renewal of the registration.

33K Registration not transferable

[Section 33K of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008] The registration of an organisation or other person as a registered student exchange organisation may not be transferred to any other organisation or person.

33L Guidelines

[Section 33L Amended by No. 15 of 2015, s. 43, Applied:29 May 2015] [Section 33L of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008] [Section 33L Amended by No. 9 of 2022, s. 57, Applied:01 Jul 2023] The Board may issue guidelines in respect of –

(a) the accommodation, education and wellbeing of students in a student exchange program; and

(b) the processes for making complaints and dealing with problems and complaints under a student exchange program; and

(c) [Section 33L Amended by No. 15 of 2015, s. 43, Applied:29 May 2015] [Section 33L Amended by No. 9 of 2022, s. 57, Applied:01 Jul 2023] any other matter the Board considers relevant to a student exchange program.

33M Direction to registered student exchange organisation

[Section 33M of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008]

(1)  [Section 33M Subsection (1) amended by No. 9 of 2022, s. 58, Applied:01 Jul 2023] [Section 33M Subsection (1) amended by No. 15 of 2015, s. 44, Applied:29 May 2015] The Board may direct a registered student exchange organisation to take any action the Board considers appropriate or refrain from doing any act if the Board is of the opinion that –

(a) the registered student exchange organisation has contravened this Act or guidelines issued under section 33L ; or

(b) it is appropriate to give the direction having taken into account the matters specified in section 33E(2) .

(2)  A direction is to be in writing provided to the registered student exchange organisation.

(3)  A registered student exchange organisation must comply with a direction provided under this section.

33N Cancellation or suspension of registration

[Section 33N of Part 3 Inserted by No. 59 of 2007, s. 11, Applied:01 Jan 2008]

(1)  [Section 33N Subsection (1) amended by No. 9 of 2022, s. 59, Applied:01 Jul 2023] [Section 33N Subsection (1) amended by No. 15 of 2015, s. 45, Applied:29 May 2015] The Board may cancel or suspend the registration of a registered student exchange organisation if, after allowing the organisation an opportunity to make submissions in respect of the matter, the Board is satisfied that –

(a) the organisation has contravened this Act or guidelines issued under section 33L ; or

(b) it is appropriate to so cancel or suspend the registration having taken into account the matters specified in section 33E(2) ; or

(c) it is in the public interest to so cancel or suspend the registration; or

(d) the organisation has not complied with a direction under section 33M within the time specified in the direction.

(2)  [Section 33N Subsection (2) amended by No. 9 of 2022, s. 59, Applied:01 Jul 2023] [Section 33N Subsection (2) amended by No. 15 of 2015, s. 45, Applied:29 May 2015] The Board is to cancel the registration of a registered student exchange organisation if it has surrendered the registration (student exchange organisation) certificate and requested that the registration be cancelled.

Part 4 Higher Education

34 When person may provide higher education course or higher education award

[Section 34 Substituted by No. 59 of 2007, s. 12, Applied:01 Jan 2008]

(1)  A person may provide a higher education course if –

(a) the person is a registered higher education provider, approved overseas higher education provider or self-accrediting higher education provider; and

(b) the course is an accredited higher education course, or approved overseas higher education course, that the provider is authorised under this Act to provide.

(2)  A person may confer or issue a higher education award if –

(a) the person conferring or issuing the award is a registered higher education provider, approved overseas higher education provider or self-accrediting higher education provider; and

(b) the course for which the award is to be conferred or issued is an accredited higher education course, or approved overseas higher education course, which the provider is authorised under this Act to provide; and

(c) the award is an approved qualification which the provider is authorised under this Act to confer or issue.

35 Application for accreditation of course

(1)  [Section 35 Subsection (1) amended by No. 9 of 2022, s. 60, Applied:01 Jul 2023] [Section 35 Subsection (1) amended by No. 15 of 2015, s. 46, Applied:29 May 2015] [Section 35 Subsection (1) substituted by No. 59 of 2007, s. 13, Applied:01 Jan 2008] A person who proposes to provide –

(a) in Tasmania or elsewhere a local higher education course; or

(b) in Tasmania an interstate higher education course or overseas higher education course –

may apply to the Board for accreditation of that course.

(2)  An application is to be –

(a) [Section 35 Subsection (2) amended by No. 15 of 2015, s. 46, Applied:29 May 2015] [Section 35 Subsection (2) amended by No. 9 of 2022, s. 60, Applied:01 Jul 2023] in a form approved by the Board; and

(b) [Section 35 Subsection (2) amended by No. 59 of 2007, s. 13, Applied:01 Jan 2008] accompanied by any prescribed fee; and

(c) [Section 35 Subsection (2) amended by No. 59 of 2007, s. 13, Applied:01 Jan 2008] if the application relates to an interstate higher education course, accompanied by –

(i) either evidence that the course is accredited, registered, licensed or otherwise approved under a corresponding law or the application for the course to be so accredited, registered, licensed or otherwise approved; and

(ii) [Section 35 Subsection (2) amended by No. 15 of 2015, s. 46, Applied:29 May 2015] [Section 35 Subsection (2) amended by No. 9 of 2022, s. 60, Applied:01 Jul 2023] permission in writing for the person or authority that accredits, registers, licenses or otherwise approves higher education courses under that corresponding law to provide to the Board details of that accreditation, registration, licence or other approval or of that application; and

(d) [Section 35 Subsection (2) amended by No. 59 of 2007, s. 13, Applied:01 Jan 2008] if the application relates to an overseas higher education course, accompanied by –

(i) if the course is provided in a country other than Australia, information on the provision of the course in that country and, if applicable, evidence that the course is accredited, registered, licensed or otherwise approved under a law of that country; and

(ii) [Section 35 Subsection (2) amended by No. 15 of 2015, s. 46, Applied:29 May 2015] [Section 35 Subsection (2) amended by No. 9 of 2022, s. 60, Applied:01 Jul 2023] permission in writing for the person or authority that accredits, registers, licenses or otherwise approves higher education courses under the law of that country to provide to the Board details of that accreditation, registration, licence or other approval.

(3)  [Section 35 Subsection (3) amended by No. 9 of 2022, s. 60, Applied:01 Jul 2023] [Section 35 Subsection (3) amended by No. 15 of 2015, s. 46, Applied:29 May 2015] [Section 35 Subsection (3) amended by No. 59 of 2007, s. 13, Applied:01 Jan 2008] The Board may require the applicant to provide any further information, and permissions for the release of information, it considers relevant to the application.

36 Accreditation of higher education course

(1)  [Section 36 Subsection (1) amended by No. 9 of 2022, s. 61, Applied:01 Jul 2023] [Section 36 Subsection (1) amended by No. 15 of 2015, s. 47, Applied:29 May 2015] On receipt of an application under section 35 , the Board may –

(a) accredit the higher education course; or

(b) refuse to accredit the higher education course.

(2)  [Section 36 Subsection (2) amended by No. 9 of 2022, s. 61, Applied:01 Jul 2023] [Section 36 Subsection (2) amended by No. 15 of 2015, s. 47, Applied:29 May 2015] [Section 36 Subsection (2) amended by No. 59 of 2007, s. 14, Applied:01 Jan 2008] [Section 36 Subsection (2) amended by No. 59 of 2007, s. 14, Applied:01 Jan 2008] In determining whether to accredit a local higher education course, the Board is to have regard to –

(a) any relevant national standards in relation to the principles, process or other matters to be applied in accrediting higher education courses; and

(b) whether each of the following matters is adequately provided for and of sufficient standard to allow the granting of a higher education award to a person successfully completing the course:

(i) the aims and learning outcomes of the course;

(ii) the scope of the studies involved in the course;

(iii) the assessment processes to be used to determine whether a student has achieved the learning outcomes of the course; and

(c) whether the contents and standards of the course, and the methods of delivering the course, are consistent with any relevant national standards in relation to the principles, process or other matters to be applied in accrediting courses; and

(d) [Section 36 Subsection (2) amended by No. 15 of 2015, s. 47, Applied:29 May 2015] the views of relevant industrial or professional bodies submitted to the Office; and

(e) [Section 36 Subsection (2) amended by No. 15 of 2015, s. 47, Applied:29 May 2015] [Section 36 Subsection (2) amended by No. 9 of 2022, s. 61, Applied:01 Jul 2023] any other matter the Board considers relevant.

(2A)  [Section 36 Subsection (2A) amended by No. 9 of 2022, s. 61, Applied:01 Jul 2023] [Section 36 Subsection (2A) amended by No. 15 of 2015, s. 47, Applied:29 May 2015] [Section 36 Subsection (2A) inserted by No. 59 of 2007, s. 14, Applied:01 Jan 2008] In determining whether to accredit an interstate higher education course or overseas higher education course, the Board is to have regard to –

(a) local issues that may impact on delivery of the course in Tasmania; and

(b) any of the matters specified in subsection (2) ; and

(c) any other relevant matter.

(2B)  [Section 36 Subsection (2B) amended by No. 9 of 2022, s. 61, Applied:01 Jul 2023] [Section 36 Subsection (2B) amended by No. 15 of 2015, s. 47, Applied:29 May 2015] [Section 36 Subsection (2B) inserted by No. 59 of 2007, s. 14, Applied:01 Jan 2008] The Board may accredit an interstate higher education course without having regard to the matters specified in subsection (2) if satisfied that –

(a) the course is accredited, registered, licensed or otherwise approved under a corresponding law; and

(b) the course is to be delivered in Tasmania in substantially the same manner as in the jurisdiction where it is so accredited, registered, licensed or otherwise approved.

(3)  [Section 36 Subsection (3) amended by No. 9 of 2022, s. 61, Applied:01 Jul 2023] [Section 36 Subsection (3) amended by No. 15 of 2015, s. 47, Applied:29 May 2015] [Section 36 Subsection (3) amended by No. 59 of 2007, s. 14, Applied:01 Jan 2008] [Section 36 Subsection (3) amended by No. 59 of 2007, s. 14, Applied:01 Jan 2008] On accrediting a local higher education course or overseas higher education course, the Board is to determine the higher education award that will be conferred or issued on the successful completion of the course.

(3A)  [Section 36 Subsection (3A) amended by No. 9 of 2022, s. 61, Applied:01 Jul 2023] [Section 36 Subsection (3A) amended by No. 15 of 2015, s. 47, Applied:29 May 2015] [Section 36 Subsection (3A) inserted by No. 59 of 2007, s. 14, Applied:01 Jan 2008] On accrediting an interstate higher education course, the Board is to determine that the qualification that may be conferred or issued in respect of the course under the relevant corresponding law is the higher education award that will be conferred on the successful completion of the course.

(4)  [Section 36 Subsection (4) amended by No. 9 of 2022, s. 61, Applied:01 Jul 2023] [Section 36 Subsection (4) amended by No. 15 of 2015, s. 47, Applied:29 May 2015] The Board is to provide written notice of whether it has accredited or refused to accredit a higher education course to the applicant.

37 Term of accreditation of accredited higher education course

[Section 37 Substituted by No. 59 of 2007, s. 15, Applied:01 Jan 2008]

(1)  [Section 37 Subsection (1) amended by No. 9 of 2022, s. 62, Applied:01 Jul 2023] [Section 37 Subsection (1) amended by No. 15 of 2015, s. 48, Applied:29 May 2015] An accredited higher education course that is a local higher education course or overseas higher education course is accredited for the period, not exceeding 5 years, determined by the Board.

(2)  An accredited higher education course that is an interstate higher education course is accredited for the period for which it is accredited, registered, licensed or otherwise approved under the relevant corresponding law.

38 Accredited higher education course subject to conditions

(1)  [Section 38 Subsection (1) amended by No. 9 of 2022, s. 63, Applied:01 Jul 2023] [Section 38 Subsection (1) amended by No. 15 of 2015, s. 49, Applied:29 May 2015] The accreditation of a higher education course is subject to any condition determined by the Board and notified in writing to the provider of the course.

(2)  [Section 38 Subsection (2) amended by No. 9 of 2022, s. 63, Applied:01 Jul 2023] [Section 38 Subsection (2) amended by No. 15 of 2015, s. 49, Applied:29 May 2015] The Board may at any time impose a condition on the accreditation of a higher education course or amend the conditions to which an accredited higher education course is subject by notifying the provider of the course in writing.

39 Renewal of accreditation as accredited higher education course

(1)  A person who applied for the accreditation of an accredited higher education course may apply for the renewal of the accreditation of that course not less than 6 calendar months before the accreditation ceases to have effect.

(2)  This Part applies in respect of an application for renewal of the accreditation of an accredited higher education course, and that renewal, as if the application were an application for a first accreditation as an accredited higher education course.

40 Cancellation of accreditation as accredited higher education course

(1)  [Section 40 Subsection (1) amended by No. 9 of 2022, s. 64, Applied:01 Jul 2023] [Section 40 Subsection (1) amended by No. 15 of 2015, s. 50, Applied:29 May 2015] [Section 40 Subsection (1) amended by No. 15 of 2015, s. 50, Applied:29 May 2015] The Board, at any time by written notice provided to the registered higher education provider providing an accredited higher education course, may cancel the accreditation of the accredited higher education course if the Board is satisfied that it is no longer appropriate for the course to be accredited.

(2)  A cancellation takes effect on the day specified in it.

41.

[Section 41 Repealed by No. 59 of 2007, s. 16, Applied:01 Jan 2008]

42 Application for registration

(1)  [Section 42 Subsection (1) amended by No. 9 of 2022, s. 65, Applied:01 Jul 2023] [Section 42 Subsection (1) amended by No. 15 of 2015, s. 51, Applied:29 May 2015] A person who proposes to provide, in Tasmania or elsewhere, an accredited higher education course may apply to the Board for registration as a registered higher education provider.

(2)  An application is to be –

(a) [Section 42 Subsection (2) amended by No. 15 of 2015, s. 51, Applied:29 May 2015] [Section 42 Subsection (2) amended by No. 9 of 2022, s. 65, Applied:01 Jul 2023] in a form approved by the Board; and

(b) made not less than 9 calendar months before the accredited higher education course that the person is proposing to provide is due to commence; and

(ba) [Section 42 Subsection (2) amended by No. 59 of 2007, s. 17, Applied:01 Jan 2008] if the applicant is registered, accredited, licensed or otherwise approved for the purposes of providing a higher education course under a corresponding law or has made an application for such registration, accreditation, licence or approval, accompanied by –

(i) either evidence of that registration, accreditation, licence or other approval under the corresponding law or the application for such registration, accreditation, licence or approval; and

(ii) [Section 42 Subsection (2) amended by No. 15 of 2015, s. 51, Applied:29 May 2015] [Section 42 Subsection (2) amended by No. 9 of 2022, s. 65, Applied:01 Jul 2023] permission in writing for the person or authority that registers, accredits, licenses or otherwise approves providers of higher education courses under that corresponding law to provide to the Board details of that registration, accreditation, licence or other approval or of that application; and

(c) accompanied by any prescribed fee.

(3)  [Section 42 Subsection (3) amended by No. 9 of 2022, s. 65, Applied:01 Jul 2023] [Section 42 Subsection (3) amended by No. 15 of 2015, s. 51, Applied:29 May 2015] [Section 42 Subsection (3) amended by No. 59 of 2007, s. 17, Applied:01 Jan 2008] The Board may require the applicant to provide any further information, and permissions for the release of information, it considers relevant to the application.

43 Registration as registered higher education provider

(1)  [Section 43 Subsection (1) amended by No. 9 of 2022, s. 66, Applied:01 Jul 2023] [Section 43 Subsection (1) amended by No. 15 of 2015, s. 52, Applied:29 May 2015] On receipt of an application under section 42 , the Board may –

(a) [Section 43 Subsection (1) amended by No. 59 of 2007, s. 18, Applied:01 Jan 2008] register a person as a registered higher education provider; or

(b) refuse to so register the person.

(2)  [Section 43 Subsection (2) amended by No. 9 of 2022, s. 66, Applied:01 Jul 2023] [Section 43 Subsection (2) amended by No. 15 of 2015, s. 52, Applied:29 May 2015] [Section 43 Subsection (2) amended by No. 59 of 2007, s. 18, Applied:01 Jan 2008] In determining whether or not to register a person who is not registered, accredited, licensed or otherwise approved by a corresponding law in relation to the provision of a higher education course, the Board is to have regard to –

(a) any national standards relating to the recognition of providers of higher education courses; and

(b) the processes proposed to be provided by the applicant in respect of quality assurance; and

(c) the delivery and assessment methods proposed to be used in respect of the accredited higher education course to be provided by the applicant; and

(d) the premises, equipment, materials, staff and resources proposed to be used in respect of the accredited higher education course to be provided by the applicant; and

(e) the applicant's compliance with, or ability to comply with, the rules; and

(f) the financial viability of the applicant; and

(g) [Section 43 Subsection (2) amended by No. 15 of 2015, s. 52, Applied:29 May 2015] [Section 43 Subsection (2) amended by No. 9 of 2022, s. 66, Applied:01 Jul 2023] any other matter the Board considers relevant.

(2A)  [Section 43 Subsection (2A) amended by No. 9 of 2022, s. 66, Applied:01 Jul 2023] [Section 43 Subsection (2A) amended by No. 15 of 2015, s. 52, Applied:29 May 2015] [Section 43 Subsection (2A) inserted by No. 59 of 2007, s. 18, Applied:01 Jan 2008] In determining whether or not to register a person who is registered, accredited, licensed or otherwise approved by a corresponding law in relation to the provision of a higher education course, the Board is to have regard to –

(a) local issues that may impact on delivery by the person of a higher education course in Tasmania; and

(b) any of the matters specified in subsection (2) ; and

(c) any other relevant matter.

(2B)  [Section 43 Subsection (2B) amended by No. 9 of 2022, s. 66, Applied:01 Jul 2023] [Section 43 Subsection (2B) amended by No. 15 of 2015, s. 52, Applied:29 May 2015] [Section 43 Subsection (2B) inserted by No. 59 of 2007, s. 18, Applied:01 Jan 2008] The Board may register a person who is registered, accredited, licensed or otherwise approved by a corresponding law in relation to the provision of higher education courses without having regard to the matters specified in subsection (2) if satisfied that –

(a) the person is so registered, accredited, licensed or otherwise approved under a corresponding law; and

(b) the person is to deliver the higher education courses in Tasmania, once they are accredited higher education courses, in substantially the same manner as in the jurisdiction where he, she or it is so registered, accredited, licensed or otherwise approved.

(3)  [Section 43 Subsection (3) amended by No. 9 of 2022, s. 66, Applied:01 Jul 2023] [Section 43 Subsection (3) amended by No. 15 of 2015, s. 52, Applied:29 May 2015] [Section 43 Subsection (3) amended by No. 59 of 2007, s. 18, Applied:01 Jan 2008] On registering or refusing to register a person, the Board is to notify the applicant in writing of that decision.

44 Registration subject to conditions

(1)  [Section 44 Subsection (1) amended by No. 9 of 2022, s. 67, Applied:01 Jul 2023] [Section 44 Subsection (1) amended by No. 15 of 2015, s. 53, Applied:29 May 2015] On registering a person as a registered higher education provider and at any other time, the Board may –

(a) impose conditions to which the registration as a registered higher education provider is subject; and

(b) amend any such conditions.

(2)  A condition imposed under this section, or the amendment under this section of such a condition, takes effect on the day on which the registered higher education provider receives written notice of the condition, or amendment, or on a later day specified in that notice.

45 Registration certificate

(1)  [Section 45 Subsection (1) amended by No. 9 of 2022, s. 68, Applied:01 Jul 2023] [Section 45 Subsection (1) amended by No. 15 of 2015, s. 54, Applied:29 May 2015] On registering a higher education provider, the Board is to issue a registration certificate to the registered higher education provider.

(2)  A registration certificate is to specify –

(a) which accredited higher education courses, or the classes of accredited higher education courses, the registered higher education provider is authorised to provide; and

(b) which higher education awards the registered higher education provider is authorised to confer or issue; and

(c) any conditions imposed in respect of the registration under section 44 ; and

(d) [Section 45 Subsection (2) amended by No. 59 of 2007, s. 19, Applied:01 Jan 2008] the period for which the higher education provider is registered; and

(e) [Section 45 Subsection (2) amended by No. 59 of 2007, s. 19, Applied:01 Jan 2008] [Section 45 Subsection (2) amended by No. 15 of 2015, s. 54, Applied:29 May 2015] [Section 45 Subsection (2) amended by No. 9 of 2022, s. 68, Applied:01 Jul 2023] any other matter the Board considers appropriate.

(3)  [Section 45 Subsection (3) amended by No. 9 of 2022, s. 68, Applied:01 Jul 2023] [Section 45 Subsection (3) amended by No. 15 of 2015, s. 54, Applied:29 May 2015] If the Board under section 44 imposes conditions on the registration of a registered higher education provider otherwise than on the grant of that registration, or amends any such conditions, the Board is to amend the registration certificate or issue a replacement registration certificate.

(4)  Conditions to which the registration of a registered higher education provider is subject may be specified in a registration certificate by –

(a) specifying those conditions in or on the certificate; or

(b) attaching those conditions to the certificate; or

(c) providing to the registered higher education provider a written notice containing those conditions.

46 Term of registration

(1)  [Section 46 Subsection (1) amended by No. 59 of 2007, s. 20, Applied:01 Jan 2008] The registration of a registered higher education provider who, immediately before being registered, was not registered, accredited, licensed or otherwise approved under a corresponding law in relation to the provision of a higher education course has effect for the period not exceeding 5 years specified in the registration certificate unless sooner cancelled.

(1A)  [Section 46 Subsection (1A) inserted by No. 59 of 2007, s. 20, Applied:01 Jan 2008] The registration of a registered higher education provider who, immediately before being registered, was registered, accredited, licensed or otherwise approved under a corresponding law in relation to the provision of a higher education course has effect for the period for which the provider is so registered, accredited, licensed or otherwise approved under the corresponding law.

(2)  Registration of a person as a registered higher education provider takes effect on the day the registration certificate is issued or on a later day specified in the registration certificate.

47 Registration fee

A registered higher education provider must pay any prescribed registration fee.

48 Amendment of registration

(1)  [Section 48 Subsection (1) amended by No. 9 of 2022, s. 69, Applied:01 Jul 2023] [Section 48 Subsection (1) amended by No. 15 of 2015, s. 55, Applied:29 May 2015] On the request of a registered higher education provider or at its own discretion, the Board may amend the registration of a registered higher education provider.

(2)  [Section 48 Subsection (2) amended by No. 9 of 2022, s. 69, Applied:01 Jul 2023] [Section 48 Subsection (2) amended by No. 15 of 2015, s. 55, Applied:29 May 2015] If the Board amends a registration under subsection (1) , the Board is to –

(a) notify the registered higher education provider of that amendment; and

(b) either endorse that amendment on the registration certificate or provide the registered higher education provider with a replacement registration certificate.

(3)  The amendment of the registration of a registered higher education provider takes effect on the day specified in the notice provided to that provider under subsection (2)(a) .

49 Renewal of registration

(1)  A registered higher education provider may apply for the renewal of the registration not less than 6 calendar months before the registration ceases to have effect.

(2)  This Division applies in respect of an application for renewal of registration as a registered higher education provider, and that renewal, as if the application were an application for a first registration as a registered higher education provider.

(3)  [Section 49 Subsection (3) amended by No. 9 of 2022, s. 70, Applied:01 Jul 2023] [Section 49 Subsection (3) amended by No. 15 of 2015, s. 56, Applied:29 May 2015] A registered higher education provider must comply with the written requirement of the Board that the registration certificate be surrendered to the Board for the purpose of amending it or replacing it as the Board determines appropriate on the renewal of the registration.

50 Registration not transferable

The registration of a person as a registered higher education provider may not be transferred to any other person.

51 Direction to registered higher education provider

(1)  [Section 51 Subsection (1) amended by No. 9 of 2022, s. 71, Applied:01 Jul 2023] [Section 51 Subsection (1) amended by No. 15 of 2015, s. 57, Applied:29 May 2015] The Board may direct a registered higher education provider to take any action the Board considers appropriate or refrain from doing any act if the Board is of the opinion that –

(a) the registered higher education provider has contravened this Act; or

(b) the registered higher education provider has contravened a condition to which the registration is subject; or

(c) [Section 51 Subsection (1) amended by No. 59 of 2007, s. 21, Applied:01 Jan 2008] it is appropriate to give the direction having taken into account the matters specified in section 43(2) and (2A) ; or

(d) the standards relating to the provision and assessment of an accredited higher education course by the registered higher education provider fail to meet any relevant national standards or the standards proposed by that provider in his, her or its application for accreditation of the course.

(2)  A direction is to be in writing provided to the registered higher education provider.

(3)  A registered higher education provider must comply with a direction provided under this section.

52 Cancellation or suspension of registration

(1)  [Section 52 Subsection (1) amended by No. 9 of 2022, s. 72, Applied:01 Jul 2023] [Section 52 Subsection (1) amended by No. 15 of 2015, s. 58, Applied:29 May 2015] The Board may cancel or suspend the registration of a registered higher education provider if, after allowing the registered higher education provider an opportunity to make submissions in respect of the matter, the Board is satisfied that –

(a) the registered higher education provider has contravened this Act; or

(b) the registered higher education provider has contravened a condition to which the registration is subject; or

(c) [Section 52 Subsection (1) amended by No. 59 of 2007, s. 22, Applied:01 Jan 2008] it is appropriate to so cancel or suspend the registration having taken into account the matters specified in section 43(2) , (2A) and (2B) ; or

(d) the registered higher education provider has not complied with a direction under section 51 within the time specified in the direction.

(2)  [Section 52 Subsection (2) amended by No. 9 of 2022, s. 72, Applied:01 Jul 2023] [Section 52 Subsection (2) amended by No. 15 of 2015, s. 58, Applied:29 May 2015] The Board is to cancel the registration of a registered higher education provider if the provider has surrendered the registration certificate and requested that the registration be cancelled.

53.

[Section 53 Repealed by No. 59 of 2007, s. 23, Applied:01 Jan 2008]

54.

[Section 54 Repealed by No. 59 of 2007, s. 23, Applied:01 Jan 2008]

55 Conferral or issue of approved qualification

If a person successfully completes an accredited higher education course provided by a registered higher education provider, that provider, by written statement or otherwise, must recognise that completion by the conferral or issue of the approved qualification for that course.

55A Application for approval

[Section 55A of Part 4 Inserted by No. 59 of 2007, s. 24, Applied:01 Jan 2008]

(1)  [Section 55A Subsection (1) amended by No. 9 of 2022, s. 73, Applied:01 Jul 2023] [Section 55A Subsection (1) amended by No. 15 of 2015, s. 59, Applied:29 May 2015] An overseas higher education institution that proposes to provide in Tasmania a higher education course may apply to the Board for approval as an approved overseas higher education provider.

(2)  An application is to be –

(a) [Section 55A Subsection (2) amended by No. 15 of 2015, s. 59, Applied:29 May 2015] [Section 55A Subsection (2) amended by No. 9 of 2022, s. 73, Applied:01 Jul 2023] in a form approved by the Board; and

(b) if the overseas higher education institution is accredited, registered, licensed or otherwise approved under a law of the country in which it was originally established, accompanied by –

(i) evidence of that accreditation, registration, licence or other approval; and

(ii) [Section 55A Subsection (2) amended by No. 15 of 2015, s. 59, Applied:29 May 2015] [Section 55A Subsection (2) amended by No. 9 of 2022, s. 73, Applied:01 Jul 2023] permission for the person or body responsible for that accreditation, registration, licence or other approval to provide information relating to the applicant to the Board; and

(c) if the applicant is authorised under a corresponding law that corresponds to this Division to provide in another State or a Territory a higher education course by reason of its registration, accreditation, licence or other approval under that corresponding law or has made an application for such registration, accreditation, licence or approval, accompanied by –

(i) either evidence of that registration, accreditation, licence or other approval under the corresponding law or the application for such registration, accreditation, licence or approval; and

(ii) [Section 55A Subsection (2) amended by No. 15 of 2015, s. 59, Applied:29 May 2015] [Section 55A Subsection (2) amended by No. 9 of 2022, s. 73, Applied:01 Jul 2023] permission in writing for the person or authority that registers, accredits, licenses or otherwise approves overseas higher education institutions under that corresponding law to provide to the Board details of that registration, accreditation, licence or other approval or of that application; and

(d) accompanied by any prescribed fee.

(3)  [Section 55A Subsection (3) amended by No. 9 of 2022, s. 73, Applied:01 Jul 2023] [Section 55A Subsection (3) amended by No. 15 of 2015, s. 59, Applied:29 May 2015] The Board may require the applicant to provide any further information, and any further permissions for the release of information, it considers relevant to the application.