Higher Education Act 2004 (Western Australia)

The Higher Education Act 2004 (WA) creates a statutory framework for recognising universities and accrediting higher education providers and courses in Western Australia. It does four mechanical things.

First, it protects titles and awards. The Act prohibits an education institution or its agents from using the title "university" or representing that it is a university unless the institution is an Australian university or a recognised overseas university (s 6(1)). The Act also forbids conferring or offering to confer higher education awards except by specified classes of institutions and agents (s 6(3)), and prohibits representations that a course leads to a higher education award unless the provider is an eligible university, university college, recognised overseas university, or an authorised non‑university institution with an accredited course (s 6(4)). Penalties for those prohibitions are statutory fines (s 6(1), (3), (4)).

Second, it establishes administrative pathways and gatekeeping roles for recognition and authorisation. The Minister may recognise overseas universities via a section 10 determination (ss 8-11), may grant provider’s authorisations and self‑accrediting authorisations for non‑university institutions (ss 13, 13A, 13B, 14), and may accredit higher education courses either through ministerial accreditation or by registration of courses accredited by authorised bodies (ss 16-19). Those decisions may be made subject to conditions and are reviewable through internal procedures set out in the Act (see ss 11A, 13C, 15B, 19B).

Third, it sets procedure and information obligations around applications and advisory reports. Applications for recognition or authorisation must include prescribed information and in many cases be accompanied by a payment agreement or fee (see ss 7(2), 9(2), 13A(2), 13(2), 17(2), 28). The Minister appoints higher education advisory committees to consider applications and report (s 20), must provide the committee report to the applicant (s 7(6), s 21A(1)), and applicants may request a review of such reports within a 30‑day window subject to a fee (s 21A(2)-(3)).

CrestWestern Australia

Higher Education Act 2004

Western Australia

Higher Education Act 2004

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Providing a course of study — interpretation 4
Making representations — interpretation 4

Part 2 — Establishing and maintaining standards for higher education

Division 1 — Protection of standards for higher education

Protection of titles and awards 5

7A. Representations about authorisation to accredit higher education courses 6

7B. Representations about admissions into higher education courses 6

Division 2 — Universities

Subdivision 1 — Report about criteria for establishing Australian university

Report about criteria for establishing Australian university 7

Subdivision 2 — Recognition of overseas universities

Recognised overseas universities 8
Applications for s. 10 determination 8
Recognition of overseas universities 9

11A. Further conditions on s. 10 determination 10

Suspension or revocation of s. 10 determination 10

Division 3 — Non‑university institutions

Subdivision 1 — Authorised non‑university institutions

Authorised non‑university institutions 11

Subdivision 2 — Self‑accrediting authorisation of non‑university institutions

13A. Applications for grant of self‑accrediting authorisation 12

13B. Self‑accrediting authorisation of non‑university institutions 12

13C. Further conditions on self‑accrediting authorisation 14

13D. Suspension or revocation of self‑accrediting authorisation 14

Subdivision 3 — Provider’s authorisation of non‑university institutions

Applications for provider’s authorisations 15
Authorisation of non‑university institutions 16

15A. Duration of provider’s authorisation 17

15B. Further conditions on provider’s authorisation 17

Suspension or revocation of provider’s authorisation 18

Subdivision 4 — Accredited higher education courses

Accredited higher education courses 19

Subdivision 5 — Ministerial accreditation of higher education courses

17A. Application of this Subdivision 19

Applications for ministerial accreditation 19
Ministerial accreditations 20

19A. Duration of accreditation 21

19B. Further conditions on accreditation 22

Suspension or revocation of ministerial accreditation 22

Division 4 — Higher education advisory committees

Higher education advisory committees 23

21A. Report of higher education advisory committee to be provided to applicant 24

Remuneration of advisory committee members 25

Part 3A — Reviews and investigation

Review of operations 26

23A. Inspectors, appointment of 26

23B. Inspectors’ powers 27

23C. Consequences of investigations 28

Part 3 — Other matters

24A. Minister to make National Protocols available for inspection 29

Delegation by Minister 30
Act binds Crown 30

26A. Protection from liability 30

Disclosure of information 31

27A. Evidentiary matters 31

Vicarious liability for corporations 32
Agreement to pay costs of considering application or request 32
Recovery of fees 33
Regulations 33

Notes

Compilation table 35

Western Australia

Higher Education Act 2004

An Act to provide for recognition of Australian and overseas universities, authorisation of other higher education institutions and accreditation of higher education courses, and for related purposes.

Part 1 — Preliminary

1. Short title

This Act may be cited as the Higher Education Act 2004 1.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent 1.

3. Terms used

In this Act, unless the contrary intention appears —

accredited, in relation to a course of study, means accredited for the purposes of this Act as provided by section 16;

Australian Qualifications Framework means the framework of educational qualification stated in the implementation handbook for that framework published by the Australian Qualifications Framework Advisory Board as in force from time to time;

Australian university means an education institution, or part of an education institution, that —

(a) was originally established in Australia; and

(b) is established or recognised as a university by or under a written law of this State, the Commonwealth, another State, the Australian Capital Territory or the Northern Territory;

Australian university college means an education institution, or part of an education institution, that —

(a) was originally established in Australia; and

(b) is established or recognised as a university college by or under a written law of this State, the Commonwealth, another State, the Australian Capital Territory or the Northern Territory;

authorised non‑university institution means a non‑university institution that is authorised under section 12 to provide a higher education course;

company has the same meaning as in the Corporations Act 2001 of the Commonwealth;

course provider, in relation to a higher education course, means the education institution that provides, offers to provide or proposes to provide the course;

education institution means a company or other body that provides, offers to provide or proposes to provide a course of study;

education Minister means the Minister of State of the Commonwealth, for a State, the Australian Capital Territory or the Northern Territory who is principally responsible for the administration of the law relating to higher education in the respective jurisdiction;

higher education advisory committee means a person or persons appointed under section 20;

higher education award means a qualification referred to in the Australian Qualifications Framework as a qualification that is issued in the higher education sector;

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

ministerial accreditation, in relation to a higher education course, means accreditation under section 18;

National Protocols means —

(a) the National Protocols for Higher Education Approval Processes approved by the Ministerial Council on Education, Employment, Training and Youth Affairs on 31 March 2000, as amended from time to time; or

(b) if the regulations declare a document to be in substitution for that protocol — a reference to the substitute document, as amended from time to time;

non‑university institution means an education institution that is not —

(a) an Australian university; or

(ba) an Australian university college; or

(b) a recognised overseas university;

overseas university means an education institution that —

(a) was originally established in another country; and

(b) is established, recognised or accredited as a university by the appropriate authorities of that country;

payment agreement means an agreement referred to in section 28;

provider’s authorisation means an authorisation granted for a non‑university institution under section 14;

recognised overseas university has the meaning given in section 8;

represent has the meaning given in section 5;

section 10 determination, in relation to an education institution, means a determination made under section 10;

self‑accrediting authorisation means an authorisation granted for a non‑university institution under section 13B.

[Section 3 amended: No. 40 of 2009 s. 4.]

4. Providing a course of study — interpretation

For the purposes of this Act, a person provides a course of study if the institution or an agent of the institution enrols or offers to enrol students to undertake the course, whether the course is provided face‑to‑face or at a distance by post, fax, email or any other means.

5. Making representations — interpretation

For the purposes of this Act, a person represents that a state of affairs exists if the person does or says anything, or allows anything to be done or said, by which it is represented, or by which a belief may be induced, that the state of affairs exists.

Part 2 — Establishing and maintaining standards for higher education

Division 1 — Protection of standards for higher education

[Heading inserted: No. 40 of 2009 s. 5.]

6. Protection of titles and awards

(1) An education institution or an agent of an education institution must not, by use of the title “university” or in any other way, represent that the education institution is a university or part of a university unless it is —

(a) an Australian university; or

(b) a recognised overseas university.

Penalty: a fine of $20 000.

(2) Subsection (1) does not apply to —

(a) the organisation known as “U3A” (the “University of the Third Age”); or

(b) a prescribed person or organisation; or

(c) an Australian university college or an agent of such an institution that represents that the institution is a university college or part of a university college —

(i) by use of a title that includes the words “university college”; or

(ii) in any other way.

(3) A person must not confer or offer to confer or purport to confer a higher education award on anyone unless the person is —

(a) an Australian university; or

(ba) an Australian university college; or

(b) a recognised overseas university; or

(d) an agent of an institution referred to in paragraph (a), (ba), (b) or (c).

Penalty: a fine of $20 000.

(4) A person must not represent that a course of study leads to, will partially satisfy the requirements for, or would entitle a person who satisfies the course requirements to, the conferral of a higher education award, unless —

(a) the course provider is —

(i) an Australian university; or

(ii) an Australian university college; or

(iii) a recognised overseas university;

(b) the course provider is an authorised non‑university institution and the course is accredited.

Penalty: a fine of $20 000.

[Section 6 amended: No. 40 of 2009 s. 6.]

7A. Representations about authorisation to accredit higher education courses

An education institution or an agent of an education institution must not represent that the institution is authorised to accredit a higher education course unless a self‑accrediting authorisation is in force for the institution authorising it to accredit such a course.

Penalty: a fine of $20 000.

[Section 7A inserted: No. 40 of 2009 s. 7.]

7B. Representations about admissions into higher education courses

A person must not represent that successful completion of a course of study would satisfy, or partially satisfy, the academic prerequisites for admission into a higher education course unless the higher education course provider has authorised that representation.

Penalty: a fine of $20 000.

[Section 7B inserted: No. 40 of 2009 s. 7.]

Division 2 — Universities

[Heading inserted: No. 40 of 2009 s. 8.]

Subdivision 1 — Report about criteria for establishing Australian university

[Heading inserted: No. 40 of 2009 s. 8.]

7. Report about criteria for establishing Australian university

(1) An education institution may request the Minister to appoint a higher education advisory committee to consider and report to the Minister on —

(a) whether the committee considers that the institution meets the criteria set out in the National Protocols for establishing an Australian university; and

(b) any other matter relevant to a decision on whether the institution should be established as an Australian university.

(2) A request must —

(a) be accompanied by a payment agreement; and

(b) include the prescribed information.

(3) The Minister may in writing, require the institution making the request to provide further information in relation to the request.

(4) The requirement is to specify a reasonable time within which the institution must comply with the requirement.

(5) The Minster may refuse to appoint a higher education advisory committee, or may discharge a committee that has been appointed, if the institution does not comply with a requirement under subsection (3) within the time specified in the requirement.

(6) The Minister must, as soon as practicable after receiving the report of a higher education advisory committee regarding an education institution, give a copy of the report to the institution.

[Section 7 inserted: No. 40 of 2009 s. 9.]

Subdivision 2 — Recognition of overseas universities

[Heading inserted: No. 40 of 2009 s. 10.]

8. Recognised overseas universities

An education institution is a recognised overseas university for the purposes of this Act if —

(a) it is an overseas university or part of an overseas university; and

(b) a section 10 determination is in force in respect of the institution.

[Section 8 amended: No. 40 of 2009 s. 11.]

9. Applications for s. 10 determination

(1) An education institution that is an overseas university, or part of an overseas university, may apply to the Minister for a. 10 determination.

(2) An application must —

(a) be accompanied by a payment agreement; and

(b) include the prescribed information.

(3) The Minister may in writing, require the applicant to provide further information in relation to the application.

(4) The requirement is to specify a reasonable time within which the applicant must comply with the requirement.

(5) The Minster may refuse the application if the applicant does not comply with a requirement under subsection (3) within the time specified in the requirement.

[Section 9 amended: No. 40 of 2009 s. 12.]

10. Recognition of overseas universities

(1) The Minister may determine that an education institution meets the criteria for recognition as an overseas university if satisfied that the institution meets the criteria set out in the National Protocols for overseas universities seeking to operate in Australia.

(2) Before making a determination, the Minister must have regard to the report of the higher education committee appointed to consider the matter.

(3) When making a determination, the Minister may also have regard to the following —

(a) any national policies and agreements about the governance and other characteristics of overseas universities made by the Minister with other education Ministers;

(b) any other relevant information.

(4) The Minister may make a determination subject to any conditions relevant to —

(a) ensuring that the education institution meets or continues to meet the criteria referred to in section 10(1); or

(b) protecting the interests of the students enrolled in the higher education courses provided by the institution.

(5) If the Minister makes a determination under this section, the Minister must arrange for a copy of the determination to be laid before each House of Parliament.

[Section 10 inserted: No. 40 of 2009 s. 13.]

11A. Further conditions on s. 10 determination

(1) The Minister may, at any time after making a section 10 determination, make the determination subject to any conditions relevant to —

(a) ensuring that the education institution meets or continues to meet the criteria referred to in section 10(1); or

(b) protecting the interests of the students enrolled in the higher education courses provided by the institution.

(2) Before making a section 10 determination subject to conditions under subsection (1), the Minister must —

(a) give the institution an opportunity to make representations on the matter; and

(b) consider any representations made; and

[Section 11A inserted: No. 40 of 2009 s. 14.]

11. Suspension or revocation of s. 10 determination

(1) The Minister may suspend or revoke a section 10 determination if —

(a) the education institution does not comply with a condition to which the determination has been made subject under section 10(4) or 11A(1); or

(b) the Minister is no longer satisfied that the education institution meets the criteria referred to in section 10(1).

(2) Before suspending or revoking a determination, the Minister must —

(a) give the education institution an opportunity to make representations on the matter;

(b) consider any representations made; and

(3) A suspension or revocation under subsection (1) is to be given to the education institution in writing signed by the Minister and is to state the grounds relied on in making the decision.

(4) If the Minister revokes a section 10 determination, the Minister must arrange for a copy of the revocation to be laid before each House of Parliament.

[Section 11 amended: No. 40 of 2009 s. 15.]

Division 3 — Non‑university institutions

[Heading inserted: No. 40 of 2009 s. 16.]

Subdivision 1 — Authorised non‑university institutions

[Heading inserted: No. 40 of 2009 s. 16.]

12. Authorised non‑university institutions

A non‑university institution is authorised to provide a higher education course —

(a) if —

(i) a self‑accrediting authorisation is in force for the institution; and

(ii) the course is accredited by the institution in accordance with that authorisation;

(b) if —

(i) a provider’s authorisation is in force for the institution; and

(ii) ministerial accreditation is in force for the course.

[Section 12 inserted: No. 40 of 2009 s. 17.]

Subdivision 2 — Self‑accrediting authorisation of non‑university institutions

[Heading inserted: No. 40 of 2009 s. 18.]

13A. Applications for grant of self‑accrediting authorisation

(1) A non‑university institution may apply to the Minister for the grant of a self‑accrediting authorisation.

(2) An application request must —

(a) be accompanied by a payment agreement; and

(b) include the prescribed information.

(3) The Minister may in writing, require the applicant to provide further information in relation to the application.

(4) The requirement is to specify a reasonable time within which the applicant must comply with the requirement.

(5) The Minster may refuse the application if the applicant does not comply with a requirement under subsection (3) within the time specified in the requirement.

[Section 13A inserted: No. 40 of 2009 s. 18.]

13B. Self‑accrediting authorisation of non‑university institutions

(1) The Minister may grant a self‑accrediting authorisation for a non‑university institution if satisfied that —

(a) the governance, financial resources, facilities, staffing and student services of the institution are or will be appropriate to the provision of higher education courses; and

(b) the institution has structures and processes to set standards for higher education courses that are at least equal or equivalent to the Australian standards appropriate to courses of that type; and

(c) the institution meets any other criteria set out in the National Protocols in relation to the standards and qualities required for approval of an institution to self‑accredit its courses.

(2) When deciding whether to grant a self‑accrediting authorisation, the Minister must have regard to the report of the higher education advisory committee appointed to consider the matter.

(3) When deciding whether to grant a self‑accrediting authorisation, the Minister may also have regard to the following —

(a) the governance, financial resources, facilities, staffing and student services of comparable institutions;

(b) any other relevant information.

(4) A self‑accrediting authorisation may authorise the institution to do one or more of the following —

(a) accredit higher education courses leading to a higher education award within a field or a range of fields specified in the authorisation;

(b) accredit higher education courses leading to a higher education award of a type or types specified in the authorisation.

(5) The Minister may grant a self‑accrediting authorisation subject to any conditions relevant to —

(a) ensuring that the non‑university institution meets or continues to meet the criteria referred to in section 13B(1); or

(b) protecting the interests of the students enrolled in the higher education courses provided by the institution.

[Section 13B inserted: No. 40 of 2009 s. 18.]

13C. Further conditions on self‑accrediting authorisation

(1) The Minister may, at any time after a self‑accrediting authorisation has been granted, make the authorisation subject to any conditions relevant to —

(a) ensuring that the non‑university institution meets or continues to meet the criteria referred to in section 13B(1); or

(b) protecting the interests of the students enrolled in the higher education courses provided by the institution.

(2) Before making a self‑accrediting authorisation subject to conditions under subsection (1), the Minister must —

(a) give the non‑university institution an opportunity to make representations on the matter; and

(b) consider any representations made; and

[Section 13C inserted: No. 40 of 2009 s. 18.]

13D. Suspension or revocation of self‑accrediting authorisation

(1) The Minister may suspend or revoke a self‑accrediting authorisation if —

(a) the non‑university institution does not comply with a condition to which the authorisation has been made subject under section 13B(5) or 13C(1); or

(b) the Minister is no longer satisfied that the non‑university institution meets the criteria referred to in section 13B(1).

(2) The suspension or revocation of a self‑accrediting authorisation may be in respect of one or more of the higher education courses that the non‑university institution is authorised to accredit.

(3) Before suspending or revoking a self‑accrediting authorisation, the Minister must —

(a) give the non‑university institution an opportunity to make representations on the matter; and

(b) consider any representations made; and

(4) A suspension or revocation under subsection (1) is to be given to the non‑university institution in writing signed by the Minister and is to —

(a) state the grounds relied on in making the decision; and

(b) where relevant, specify the higher education courses to which it applies.

(5) A suspension or revocation has effect to the extent specified in the written notice.

[Section 13D inserted: No. 40 of 2009 s. 18.]

Subdivision 3 — Provider’s authorisation of non‑university institutions

[Heading inserted: No. 40 of 2009 s. 19.]

13. Applications for provider’s authorisations

(1) A non‑university institution may apply to the Minister for the grant or renewal of a provider’s authorisation.

(2) An application must —

(a) be accompanied by the fee prescribed by, or calculated under, the regulations; and

(b) include the prescribed information.

(3) The Minister may in writing, require the applicant to provide further information in relation to the application.

(4) The requirement is to specify a reasonable time within which the applicant must comply with the requirement.

(5) The Minster may refuse the application if the applicant does not comply with a requirement under subsection (3) within the time specified in the requirement.

[Section 13 amended: No. 40 of 2009 s. 20.]

14. Authorisation of non‑university institutions

(1) The Minister may grant or renew a provider’s authorisation for a non‑university institution if satisfied that —

(a) the governance, financial resources, facilities, staffing and student services of the institution are or will be appropriate to the provision of higher education courses; and

(b) the institution otherwise meets the criteria set out in the National Protocols in relation to non‑university institutions.

(2) When deciding whether to grant or renew a provider’s authorisation, the Minister must have regard to the report of the higher education advisory committee appointed to consider the matter.

(3) When deciding whether to grant or renew a provider’s authorisation, the Minister may also have regard to the following —

(a) the governance, financial resources, facilities, staffing and student services of comparable institutions;

(b) any other relevant information.

(4) The Minister may grant or renew a provider’s authorisation subject to any conditions relevant to —

(a) ensuring that the non‑university institution meets or continues to meet the criteria referred to in section 14(1); or

(b) protecting the interests of the students enrolled in the higher education courses provided by the institution.

[Section 14 amended: No. 40 of 2009 s. 21.]

15A. Duration of provider’s authorisation

(1) Unless otherwise provided under this Act, a provider’s authorisation continues in force —

(a) for 5 years from the day on which the authorisation is granted; or

(b) if an earlier day is specified in the authorisation, until that day.

(2) The Minister may extend a provider’s authorisation, in writing given to the non‑university institution, for a period of up to 6 months after the day on which it would otherwise have ceased to be in force if —

(a) an application for the renewal of the authorisation was made —

(i) 6 months or more before that day; or

(ii) less than 6 months before that day, if that day is less than 6 months after the commencement of the Higher Education Amendment Act 2009 section 22 1;

and

(b) the Minister has not made a final decision on that application before that day.

[Section 15A inserted: No. 40 of 2009 s. 22.]

15B. Further conditions on provider’s authorisation

(1) The Minister may, at any time after a provider’s authorisation has been granted, make the authorisation subject to any conditions relevant to —

(a) ensuring that the non‑university institution meets or continues to meet the criteria referred to in section 14(1); or

(b) protecting the interests of the students enrolled in the higher education courses provided by the institution.

(2) Before making a provider’s authorisation subject to conditions under subsection (1), the Minister must —

(a) give the non‑university institution an opportunity to make representations on the matter; and

(b) consider any representations made; and

[Section 15B inserted: No. 40 of 2009 s. 22.]

15. Suspension or revocation of provider’s authorisation

(1) The Minister may suspend or revoke a provider’s authorisation if —

(a) the non‑university institution does not comply with a condition to which the authorisation has been made subject under section 14(4) or 15B(1); or

(b) the Minister is no longer satisfied that the non‑university institution meets the criteria referred to in section 14(1).

(2) Before suspending or revoking a provider’s authorisation, the Minister must —

(a) give the non‑university institution an opportunity to make representations on the matter;

(b) consider any representations made; and

(3) A suspension or revocation under subsection (1) is to be given to the non‑university institution in writing signed by the Minister and is to state the grounds relied on in making the decision.

[Section 15 amended: No. 40 of 2009 s. 23.]

Subdivision 4 — Accredited higher education courses

[Heading inserted: No. 40 of 2009 s. 24.]

16. Accredited higher education courses

A higher education course provided by a non‑university institution is accredited for the purposes of this Act if —

(a) a self‑accrediting authorisation is in force for the institution and the course is accredited by the institution in accordance with that authorisation; or

(b) ministerial accreditation is in force for the course; or

(c) the course is accredited by or under a written law of the Commonwealth, another State, the Australian Capital Territory or the Northern Territory.

[Section 16 inserted: No. 40 of 2009 s. 25.]

Subdivision 5 — Ministerial accreditation of higher education courses

[Heading inserted: No. 40 of 2009 s. 26.]

17A. Application of this Subdivision

This Subdivision applies to a course provider that is a non‑university institution.

[Section 17A inserted: No. 40 of 2009 s. 27.]

17. Applications for ministerial accreditation

(1) A course provider may apply to the Minister for accreditation or renewal of accreditation of a higher education course.

(2) An application must —

(a) be accompanied by the fee prescribed by, or calculated under, the regulations; and

(b) include the prescribed information.

(3) The Minister may in writing, require the applicant to provide further information in relation to the application.

(4) The requirement is to specify a reasonable time within which the applicant must comply with the requirement.

(5) The Minster may refuse the application if the applicant does not comply with a requirement under subsection (3) within the time specified in the requirement.

[Section 17 amended: No. 40 of 2009 s. 28.]

18. Ministerial accreditations

(1) The Minister may accredit, or renew the accreditation of, a higher education course leading to a particular higher education award if satisfied that —

(a) the standard of the course and the way in which it is being or will be provided are appropriate to the award; and

(b) the course meets any other applicable criteria set out in the National Protocols in relation to the standards to be met by courses leading to an award of that kind.

(2) When deciding whether to accredit, or renew the accreditation of, a higher education course, the Minister must have regard to the report of the higher education advisory committee appointed to consider the matter.

(3) When deciding whether to accredit, or renew the accreditation of, a higher education course, the Minister may also have regard to the following —

(a) the standard and provision of comparable courses provided by Australian universities or recognised overseas universities;

(b) any other relevant information.

[(4)‑(6) deleted]

(7) The Minister may make the accreditation of a higher education course subject to any conditions relevant to —

(a) ensuring the course meets or continues to meet the criteria referred to in section 18(1); or

(b) protecting the interests of the students enrolled in the course.

[Section 18 amended: No. 40 of 2009 s. 29.]

19A. Duration of accreditation

(1) Unless otherwise provided under this Act, ministerial accreditation of a higher education course continues in force until —

(a) the day that is 5 years after the day on which the course is registered under section 23(3); or

(b) if an earlier day is specified in the accreditation, that day.

(2) The Minister may extend accreditation of a higher education course, in writing given to the course provider, for a period of up to 6 months after the day on which it would otherwise have ceased to be in force if —

(a) an application for the renewal of the accreditation was made —

(i) 6 months or more before that day; or

(ii) less than 6 months before that day, if that day is less than 6 months after the commencement of the Higher Education Amendment Act 2009 section 30;

and

(b) the Minister has not made a final decision on that application before that day.

[Section 19A inserted: No. 40 of 2009 s. 30.]

19B. Further conditions on accreditation

(1) The Minister may, at any time after accrediting a higher education course, make the accreditation subject to any conditions relevant to —

(a) ensuring the course meets or continues to meet the criteria referred to in section 18(1); or

(b) protecting the interests of the students enrolled in the course.

(2) Before making accreditation of a higher education course subject to conditions under subsection (1), the Minister must —

(a) give the course provider an opportunity to make representations on the matter; and

(b) consider any representations made; and

[Section 19B inserted: No. 40 of 2009 s. 30.]

19. Suspension or revocation of ministerial accreditation

[(1) deleted]

(2) The Minister may suspend or revoke the accreditation of a higher education course if —

(a) the course provider does not comply with a condition to which the accreditation is subject under section 18(7) or 19B(1); or

(b) the Minister is no longer satisfied that the course meets the criteria referred to in section 18(1).

(3) Before suspending or revoking accreditation of a higher education course, the Minister must —

(a) give the course provider an opportunity to make representations on the matter;

(b) consider any representations made;

(4) A suspension or revocation under subsection (2) is to be given to the course provider in writing signed by the Minister and is to state the grounds relied on in making the decision.

[Section 19 amended: No. 40 of 2009 s. 31.]

Division 4 — Higher education advisory committees

[Heading inserted: No. 40 of 2009 s. 32.]

20. Higher education advisory committees

(1) The Minister must appoint a person who is or persons who are suitably qualified and experienced to constitute a higher education advisory committee to consider and report to the Minister —

(a) on the receipt of a request made under section 7(1);

(b) on an application made under section 9, 13A, 13 or 17.

(2A) Before appointing a person or persons to constitute a higher education advisory committee under subsection (1) in respect of a particular request or application, the Minister must —

(a) provide to the person making the request or application an opportunity to comment on the composition and membership of the committee; and

(b) take into account the comments (if any) provided to the Minister by the person making the request or application.

(2) The Minister may —

(a) appoint a person or persons who is or are suitably qualified and experienced to constitute a higher education advisory committee to consider and report to the Minister on any other matter related to the Minister’s functions under this Act; and

(b) have regard to the committee’s report on the matter when making a decision or carrying out any other function in relation to the matter.

(3) A higher education advisory committee may be appointed ad hoc or as a standing committee.

[Section 20 amended: No. 40 of 2009 s. 33.]

21A. Report of higher education advisory committee to be provided to applicant

(1) The Minister must, as soon as is practicable after receiving the report on an application referred to in section 20(1)(b) (the report), give a copy of the report to the applicant.

(2) The applicant may request the Minister to undertake a review of the report.

(3) A request to undertake a review of a report must —

(a) be made within 30 days after the receipt by the applicant of a copy of the report; and

(b) set out the grounds on which the applicant is seeking a review of the report; and

(4) On receipt of a request to undertake a review of a report the Minister may refer the request to any suitably qualified person or persons to consider and report to the Minister on the request.

(5) The Minister must not make a decision on an application referred to in section 20(1)(b) until —

(a) the applicant advises the Minister in writing that the applicant accepts the report; or

(b) 31 days have elapsed since the date on which the applicant is given a copy of the report and the applicant has not requested a review of the report; or

[Section 21A inserted: No. 40 of 2009 s. 34.]

21. Remuneration of advisory committee members

(1) The remuneration and allowances of a person appointed to a higher education advisory committee are to be determined by the Minister.

(2) Subsection (1) has effect subject to the Salaries and Allowances Act 1975 if that Act applies to the person.

(3) A determination is only to be made after having regard to the recommendation of the Public Sector Commissioner.

[Section 21 amended: No. 39 of 2010 s. 89.]

Part 3A — Reviews and investigation

[Heading inserted: No. 40 of 2009 s. 35.]

22. Review of operations

The Minister may at any time review —

(a) the operation of a recognised overseas university; or

(b) the operation of an authorised non‑university institution; or

[Section 22 amended: No. 40 of 2009 s. 36.]

23A. Inspectors, appointment of

(1) In this section —

certificate means a certificate given under subsection (3).

(2) The Minister, in writing, may appoint persons to investigate —

(a) compliance with any condition to which a provider’s authorisation or a self‑accrediting authorisation is subject; or

(b) compliance with any condition to which ministerial accreditation of a higher education course is subject; or

(d) any matters relevant to carrying out a review under section 22,

on any terms the Minister decides and specifies in the appointment.

(3) The Minister must give each inspector a certificate of his or her appointment.

(4) A person who ceases to be an inspector must return his or her certificate to the Minister within 21 days.

Penalty: a fine of $400.

(5) A certificate that purports to be signed by the Minister is, in the absence of evidence to the contrary, evidence of its contents.

(6) If requested to do so and if practicable, an inspector must produce his or her certificate for inspection when exercising a function of an inspector.

[Section 23A inserted: No. 40 of 2009 s. 37.]

23B. Inspectors’ powers

(1) For the purpose of investigating any matter that he or she is authorised to investigate, an inspector may do any or all of the following —

(a) at any reasonable time, enter, inspect and search any place, other than a dwelling, that the inspector suspects on reasonable grounds is a place where a higher education course is provided;

(b) give a person a written direction to produce to the inspector the records that are specified or described in the direction and that are in the person’s possession;

(c) read and seize or copy any record the inspector suspects on reasonable grounds is or may be relevant to the matter being investigated;

(d) direct a person to answer any question that is relevant to the matter being investigated.

(2) A person who is given a written direction under subsection (1)(b) must obey it.

Penalty: a fine of $10 000.

(3) A person who is directed under subsection (1)(d) to answer a question must not refuse to answer unless the answer would tend to incriminate the person or make the person liable to a penalty.

Penalty: a fine of $10 000.

(4) A person must not give an inspector information that the person knows is false or misleading.

Penalty: a fine of $10 000.

[Section 23B inserted: No. 40 of 2009 s. 37.]

23C. Consequences of investigations

(1) An inspector may give the Minister any information that the Minister may need in relation to performing his or her functions under this Act.

(2) A prosecution for an offence under this Act cannot be commenced except by or with the approval of the Minister.

[Section 23C inserted: No. 40 of 2009 s. 37.]

Part 3 — Other matters

23. Register of Higher Education

(1) The Minister must ensure that a Register of Higher Education is established and maintained.

(2) The register may be kept electronically or by any other means.

(3A) If the Minister grants a self‑accrediting authorisation for a non‑university institution, the Minister must arrange for the authorisation to be registered by entering in the register —

(a) the name of the institution; and

(b) a description of the higher education courses that the institution is authorised under section 13B(4) to accredit; and

(3) If the Minister accredits a higher education course, the Minister must arrange for the course to be registered by entering in the register —

(a) the name of the course;

(b) the name of the education institution that provides or proposes to provide the course;

(d) any other relevant particulars.

(4) The register must be made available for public inspection during normal office hours.

[Section 23 amended: No. 40 of 2009 s. 38.]

24A. Minister to make National Protocols available for inspection

The Minister must ensure that a copy of the National Protocols is available for public inspection during normal office hours.

[Section 24A inserted: No. 40 of 2009 s. 39.]

24. Delegation by Minister

(1) The Minister may delegate to the chief executive officer any function of the Minister under another provision of this Act.

(2) A delegation must be in writing signed by the Minister.

(3) The chief executive officer, when carrying out a function that has been delegated under this section, is taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(4) Nothing in this section limits the ability of the Minister to perform a function through an officer or agent.

25. Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

26A. Protection from liability

(1) An action in tort does not lie against a person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.

(2) The protection given by this Act applies even if the thing done in the performance or purported performance of a function under this Act may have been capable of being done whether or not this Act had been enacted.

(3) This section does not relieve the State of any liability it might have for the doing of anything by a person against whom this section provides that an action does not lie.

(4) In this section a reference to the doing of anything includes a reference to the omission to do anything.

[Section 26A inserted: No. 40 of 2009 s. 40.]

26. Disclosure of information

(1) A person who acquires any information about the affairs of another person as a result of carrying out a function under or for the purposes of this Act must not, directly or indirectly, make a record of, or divulge or communicate the information to a third person.

(2) However, subsection (1) does not prohibit recording, divulging or communicating information —

(a) in the performance of a function under or in connection with this Act or the Fair Trading Act 2010; or

(b) for the purposes of any proceedings under this Act or the Fair Trading Act 2010; or

(c) in the course of an exchange of information with a person or body performing a function under or in connection with a law of the Commonwealth or of another State or a Territory, being a law that is relevant to the administration of higher education courses in Australia.

(3) Nothing in this section affects the operation of the Parliamentary Privileges Act 1891.

[Section 26 amended: No. 58 of 2010 s. 196.]

27A. Evidentiary matters

A certificate that purports to be issued by the Minister stating —

(a) that at a specified time, a non‑university institution did or did not have a provider’s authorisation; or

(b) a condition to which a provider’s authorisation was subject at the time specified in the certificate; or

(d) a condition to which a self‑accrediting authorisation was subject at the time specified in the certificate; or

(e) that at a specified time, a higher education course was or was not accredited; or

(f) a condition to which a ministerial accreditation of a higher education course was subject at the time specified in the certificate,

is, in the absence of evidence to the contrary, evidence of its contents.

[Section 27A inserted: No. 40 of 2009 s. 41.]

27. Vicarious liability for corporations

(1) If a body corporate is convicted of an offence against this Act, each director and each other person concerned in the management of the body corporate is guilty of a like offence if the act that constituted the offence took place with his or her authority, permission or consent.

(2) If an agent or employee of an education institution is convicted of an offence against this Act, the institution is guilty of a like offence unless the institution proves that —

(a) the offence was committed without its knowledge; and

(b) it exercised all due diligence to prevent the commission of the offence.

28. Agreement to pay costs of considering application or request

(1) The Minister may enter into a written arrangement with a person who intends to make a request under section 7 or an application under section 9 or 13A for the person to pay —

(a) the reasonable costs and expenses incurred by the Minister in considering the request or application; and

(b) the reasonable costs and expenses incurred by, or by the Minister on behalf of, a higher education advisory committee appointed to consider and report to the Minister on the request or application.

(2) Regulations may make provision for and in relation to an agreement referred to in subsection (1) including in connection with —

(a) the ambit of the agreement;

(b) the making of the agreement;

(c) the costs and expenses to be paid under the agreement, including as to the method of calculating the costs and expenses;

(d) the methods for resolving any dispute about the costs and expenses that are to be paid under the agreement.

[Section 28 inserted: No. 40 of 2009 s. 42.]

29. Recovery of fees

A fee payable under this Act is recoverable by the Crown in a court of competent jurisdiction as a debt due to the Crown.

[Section 29 amended: No. 40 of 2009 s. 43.]

30. Regulations

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to this Act.

(2) Without limiting subsection (1), the regulations may provide for any or all of the following matters —

(a) the records to be kept by education institutions;

(b) information and returns to be provided by education institutions;

(d) procedures relating to the suspension or revocation, or proposed suspension or revocation, of a section 10 determination, self‑accrediting authorisation, a provider’s authorisation or ministerial accreditation;

(e) the fees payable for services provided under this Act;

(f) the waiver, rebate or refund of fees payable under this Act;

(g) penalties not exceeding $5 000 for an offence against the regulations.

(3) The regulations may provide for a method of calculating a fee referred to in subsection (2)(e), including calculation according to the costs and expenses incurred in providing the service.

[Section 30 amended: No. 40 of 2009 s. 44.]

Notes

1 This is a compilation of the Higher Education Act 2004 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Higher Education Act 2004	73 of 2004	8 Dec 2004	8 Dec 2004 (see s. 2)
Higher Education Amendment Act 2009	40 of 2009	3 Dec 2009	s. 1 and 2: 3 Dec 2009 (see s. 2(a)); Act other than s. 1 and 2: 27 Feb 2010 (see s. 2(b) and Gazette 26 Feb 2010 p. 809)
*Reprint 1: The Higher Education Act 2004* as at 23 Jul 2010** (includes amendments listed above)
Public Sector Reform Act 2010 s. 89	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Acts Amendment (Fair Trading) Act 2010 s. 196	58 of 2010	8 Dec 2010	1 Jan 2011 (see s. 2(c) and Gazette 24 Dec 2010 p. 6805)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

accredited 3

Australian Qualifications Framework 3

Australian university 3

Australian university college 3

authorised non‑university institution 3

certificate 23A(1)

company 3

course provider 3

education institution 3

education Minister 3

higher education advisory committee 3

higher education award 3

higher education course 3

ministerial accreditation 3

National Protocols 3

non‑university institution 3

overseas university 3

payment agreement 3

provider’s authorisation 3

recognised overseas university 3

report 21A(1)

represent 3

section 10 determination 3

self‑accrediting authorisation 3

Western Australia

Higher Education Act 2004

Western Australia

Higher Education Act 2004

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Providing a course of study — interpretation 4
Making representations — interpretation 4

Part 2 — Establishing and maintaining standards for higher education

Division 1 — Protection of standards for higher education

Protection of titles and awards 5

7A. Representations about authorisation to accredit higher education courses 6

7B. Representations about admissions into higher education courses 6

Division 2 — Universities

Subdivision 1 — Report about criteria for establishing Australian university

Report about criteria for establishing Australian university 7

Subdivision 2 — Recognition of overseas universities

Recognised overseas universities 8
Applications for s. 10 determination 8
Recognition of overseas universities 9

11A. Further conditions on s. 10 determination 10

Suspension or revocation of s. 10 determination 10

Division 3 — Non‑university institutions

Subdivision 1 — Authorised non‑university institutions

Authorised non‑university institutions 11

Subdivision 2 — Self‑accrediting authorisation of non‑university institutions

13A. Applications for grant of self‑accrediting authorisation 12

13B. Self‑accrediting authorisation of non‑university institutions 12

13C. Further conditions on self‑accrediting authorisation 14

13D. Suspension or revocation of self‑accrediting authorisation 14

Subdivision 3 — Provider’s authorisation of non‑university institutions

Applications for provider’s authorisations 15
Authorisation of non‑university institutions 16

The Act’s core concepts are defined in s 3 and recur throughout the scheme. These definitions determine who is regulated, what conduct is prohibited, and what procedural pathways are available.

Education institution and course provider. An education institution is any company or other corporate or non‑corporate body that provides, offers to provide or proposes to provide a course of study; course provider is the institution that provides or proposes to provide a particular higher education course (s 3). The Act expressly treats agents as within the scope of obligations and prohibitions (s 4 and s 6(3)).
Higher education course and higher education award. A higher education course is a course of study that entitles a person satisfying its requirements to the conferral of a higher education award (s 3). "Higher education award" is defined by reference to the Australian Qualifications Framework (s 3).
Australian university, Australian university college, recognised overseas university, and non‑university institution. The Act distinguishes Australian universities and university colleges (s 3), recognised overseas universities (s 8), and non‑university institutions (s 3). These categories determine which institutions may use titles and confer awards (s 6).
Authorisations and accreditations. The Act operates with three distinct authorisation/accreditation instruments:
- Section 10 determination: recognition of an overseas university that meets National Protocols criteria (ss 8-11).
- Self‑accrediting authorisation: permits a non‑university institution to accredit its own courses in specified fields or award types (ss 13A-13D).
- Provider’s authorisation plus ministerial accreditation: where a non‑university institution lacks self‑accrediting status, the institution must hold a provider’s authorisation and each course must hold ministerial accreditation (ss 13, 14, 17-19).
National Protocols and Australian Qualifications Framework. The Act anchors standards to the National Protocols for Higher Education Approval Processes and the Australian Qualifications Framework, both incorporated by reference in s 3 and invoked as assessment criteria for recognition and accreditation decisions (ss 10(1), 13B(1)(b), 18(1)).
Higher education advisory committees. The Minister must appoint suitably qualified persons to form advisory committees to consider applications and report (s 20). The committee’s report is a mandatory input to Ministerial decisions (ss 10(2), 13B(2), 14(2), 18(2)), and applicants receive the report and may seek an internal review (s 21A).
Register and public availability. The Minister must maintain a Register of Higher Education (s 23). Self‑accrediting authorisations and ministerial accreditations must be entered in the register and made available for public inspection (s 23(1)-(4)).
Inspectorate and investigatory powers. Inspectors, appointed by the Minister, have statutory powers to enter non‑dwelling premises, require production of records, copy or seize records, and compel answers (ss 23A-23B). There are specified penalties for non‑compliance and false information (s 23B(2)-(4)), and prosecutions require Ministerial approval (s 23C(2)).

Cross‑cutting mechanics and requirements:

Application procedural conditions. Applications and requests must include prescribed information and generally be accompanied by either a payment agreement (for certain advisory committee processes under ss 7(2), 9(2), 13A(2)) or a fee prescribed in regulations (ss 13(2), 17(2)). The Minister may require further information in writing within a reasonable time and may refuse applications that fail to comply (see ss 7(3)-(5), 9(3)-(5), 13A(3)-(5), 13(3)-(5), 17(3)-(5)).
Conditions, suspension and revocation. Authorisations, determinations and accreditations may be granted subject to conditions, later made subject to additional conditions, or be suspended or revoked where criteria are no longer met or conditions are breached; procedural protections include notice, opportunity to make representations, consideration of those representations, and having regard to the interests of students (see ss 10(4), 11A, 11, 13B(5), 13C, 13D, 14(4), 15B, 15, 18(7), 19B, 19).
Time‑limited validity. Provider’s authorisations and ministerial course accreditations generally run for five years unless otherwise specified (ss 15A(1), 19A(1)), with a mechanism to extend for up to six months where renewal is pending (ss 15A(2), 19A(2)).

Legal and administrative evidence and protections:

Certificates issued by the Minister are prima facie evidence of authorisation and accreditation status (s 27A).
The Act binds the Crown (s 25) and protects persons acting in good faith in the performance of functions under the Act from tort liability (s 26A).
Information acquired under the Act is protected from disclosure with enumerated exceptions oriented to the administration of higher education and Fair Trading proceedings (s 26).

These concepts organise both regulatory eligibility (who may call themselves a university or confer awards) and procedural gatekeeping (how an institution obtains recognition, authorisation or accreditation, and how those statuses are monitored and enforced).

The Act creates regulatory obligations and entitlements that affect identifiable categories of actors. The principal affected parties are education institutions, their agents and representatives, students, the Western Australian Minister and the administrative apparatus supporting the Minister, higher education advisory committees, inspectors, and the Crown.

Education institutions and course providers. Any company or body that provides, offers to provide or proposes to provide a course of study is an education institution for the Act’s purposes (s 3). Providers that are Australian universities or university colleges enjoy different entitlements and exclusions from certain prohibitions (s 3 definitions; s 6(2)). Non‑university institutions will be directly affected because they must seek either self‑accrediting authorisation (ss 13A-13B) or a provider’s authorisation and ministerial accreditation for individual courses (ss 13, 14, 17-19) to lawfully represent courses as leading to higher education awards (s 6(4); s 16).
Agents of institutions. The Act extends prohibitions and responsibilities to agents. Representations (broadly defined in s 5) by agents that induce belief about university status or awards are captured by s 6(1) and (3) and related provisions (e.g. ss 7A, 7B). This makes institutional compliance dependent not only on internal governance but on agent conduct.
Students and prospective students. Students are the object of protective provisions. The Minister may impose conditions on authorisations and accreditations expressly intended to protect student interests (e.g. ss 10(4), 13B(5), 14(4), 18(7)), and suspension or revocation decisions must have regard to students’ interests (see ss 11(2)(c), 13D(3)(c), 15(2)(c), 19(3)(c)). The register and availability of the National Protocols (ss 23(4), 24A) provide public information that students can consult.
The Minister and public administration. The Minister is the central decision‑maker for recognition, authorisation and accreditation (see ss 10, 13B, 14, 18). The Act also empowers the Minister to appoint and remunerate advisory committee members (ss 20, 21), to appoint inspectors with investigatory powers (s 23A), to enter into payment agreements and collect fees (ss 7(2), 9(2), 13A(2), 13(2), 17(2), 28, 29), and to delegate to the chief executive officer (s 24). The Minister therefore bears administrative costs and decisions that drive compliance behaviour across the sector.
Higher education advisory committees and reviewers. These committees are statutory decision supports. They are appointed by the Minister (s 20), must be suitably qualified and report on applications (s 20(1)), and their reports are a mandatory input to Ministerial decisions (s 10(2), s 13B(2), s 14(2), s 18(2)). Applicants receive the report and may request a review of the report subject to a fee and within a 30‑day period (s 21A). Advisory committee members are remunerated at the Minister’s determination (s 21).
Inspectors and enforcement officers. Persons appointed as inspectors investigate compliance with authorisation conditions, suspected contraventions and matters relevant to reviews (s 23A(2)). Inspectors have powers to enter non‑dwelling premises, require production of records, seize/copy records and compel answers, with statutory penalties for non‑compliance and false statements (s 23B). Inspectors report to the Minister (s 23C).
Corporations and directors. Corporate entities carrying on higher education activities are subject to the Act; where a body corporate is convicted, each director or manager concerned in management may be convicted of a like offence if the act occurred with their authority or consent (s 27(1)). Conversely, institutions can avoid vicarious liability for employee offences only by proving lack of knowledge and due diligence (s 27(2)).
The Crown and other jurisdictions. The Act binds the Crown (s 25) and enables information exchange with Commonwealth, State or Territory bodies relevant to higher education administration (s 26(2)(c)). Recognitions and accreditations may reflect or rely on Commonwealth and interstate accreditation frameworks (s 16(c); incorporation of the Australian Qualifications Framework and National Protocols in s 3).

Who pays. Applicants for certain advisory committee reports must enter payment agreements (s 7(2), s 9(2), s 13A(2)). Provider authorisation and ministerial accreditation applications require prescribed fees (ss 13(2), 17(2)), regulations may prescribe fees and fee calculation methods (s 30(2)(e), (3)), and the Minister may require payment of reasonable costs incurred in considering requests and applications under written arrangements (s 28). Fees are recoverable as a debt to the Crown (s 29).

Who decides. The Minister is the primary decision‑maker for recognition, authorisation and accreditation (ss 10, 13B, 14, 18), supported by higher education advisory committees (s 20). The Minister appoints inspectors (s 23A) and determines remuneration of committee members (s 21). The Minister must have regard to advisory reports and students’ interests and must provide applicants with committee reports and an opportunity to be heard before conditions are imposed or suspensions/revocations made (ss 10(2), 11A(2), 13C(2), 13D(3), 15B(2), 15(2), 19B(2), 19(3)).

Overall, the Act affects the operational choices of providers and their agents (what they may advertise, how they structure governance and quality assurance), students’ access to publicly verifiable information (the register, National Protocols), and the allocation of administrative costs between applicants and the Minister via payment agreements and fees.

This part outlines statutory duties imposed on regulated parties and procedural rights secured by the Act.

Key duties

Duty not to misrepresent titles, awards and authorisations. An education institution or its agent must not use the title "university" or represent it is a university unless it is an Australian university or a recognised overseas university (s 6(1)). A person must not confer or purport to confer a higher education award unless authorised under s 6(3). A person must not represent that a course leads to a higher education award unless the provider is an eligible university/college/recognised overseas university or is an authorised non‑university institution and the course is accredited (s 6(4)). There are parallel prohibitions on representing that an institution is authorised to accredit courses (s 7A) and representing that course completion satisfies prerequisites for admission to higher education courses without authorisation from the relevant provider (s 7B).
Duty to include prescribed information and enter payment agreements or pay fees when applying. Applications for advisory committee reports and for certain determinations must be accompanied by payment agreements and prescribed information (ss 7(2), 9(2), 13A(2)). Applications for provider’s authorisation and ministerial accreditation require the fee prescribed by regulations and prescribed information (ss 13(2), 17(2)). The Minister may require further information in writing within a reasonable time, and failure to comply can lead to refusal (e.g. ss 7(3)-(5), 9(3)-(5), 13A(3)-(5), 13(3)-(5), 17(3)-(5)).
Duty to produce records and answer inspector questions. A person must obey a written direction to produce specified records to an inspector (s 23B(1)(b), (2)). A person directed to answer questions must not refuse unless the answer would tend to incriminate the person (s 23B(3)). Providing false or misleading information to an inspector is an offence (s 23B(4)).
Duty to maintain standards and comply with conditions. Authorised institutions and accredited course providers must meet governance, financial, staffing and quality assurance criteria (e.g. ss 13B(1)(a)-(c), 14(1)(a)-(b), 18(1)(a)-(b)), and must comply with conditions attached to authorisations or accreditations. Failure to comply may result in conditions being imposed, or suspension or revocation (ss 11, 13D, 15, 19).
Duty to return inspector certificates when ceasing to be an inspector. Inspectors must return their ministerially issued certificate within 21 days after ceasing to be an inspector, subject to a small fine (s 23A(4)).

Key procedural rights

Right to be informed of advisory committee reports and to seek a review. The Minister must provide a copy of the higher education advisory committee report to the applicant as soon as practicable after receipt (s 21A(1)). The applicant has 30 days to request a review, must set out grounds, and pay the prescribed fee; the Minister must not decide the application until the review process results are resolved or the applicant accepts the report or time lapses (s 21A(2)-(5)).
Right to make representations before adverse conditions or suspension/revocation. Before the Minister makes a section 10 determination subject to conditions, or before making further conditions on authorisations or accreditations, or before suspending or revoking authorisations or accreditations, the Minister must give the institution an opportunity to make representations, consider any representations made, and have regard to students’ interests (ss 11A(2), 13C(2), 13D(3), 15B(2), 15(2), 19B(2), 19(3)).
Right to have decisions informed by advisory committee reports. When taking decisions to grant recognition, authorisation or accreditation, the Minister must have regard to the report of the higher education advisory committee appointed to consider the matter (e.g. ss 10(2), 13B(2), 14(2), 18(2)).
Right to public registration and information. Authorisations and accreditations are to be entered on the Register of Higher Education, which must be made available for public inspection during normal office hours (s 23(1)-(4)). The National Protocols must be available for inspection (s 24A). Certain ministerial determinations must be laid before Parliament (s 10(5), s 11(4)).
Evidentiary protections and presumptions. A certificate purporting to be issued by the Minister about authorisation or accreditation status is, in the absence of contrary evidence, evidence of its content (s 27A).

Enforcement rights and constraints

Inspectors may obtain and provide information to the Minister but cannot themselves commence prosecutions; prosecutions for offences under the Act can only be commenced by or with the approval of the Minister (s 23C(2)). This centralises prosecutorial discretion in the Minister.

Other statutory protections

Protection from tort actions for persons acting in good faith under the Act (s 26A) reduces personal civil exposure for officials executing statutory duties.
Confidentiality constraints exist on disclosure of acquired information, with explicit exceptions for functions under this Act, Fair Trading Act proceedings and exchanges with relevant Commonwealth, State or Territory bodies (s 26(1)-(2)).

Operationally, the duties create compliance obligations on providers and their agents to avoid prohibited representations, to put in place governance and quality assurance systems to meet criteria for authorisation or accreditation (ss 13B(1), 14(1), 18(1)), to respond to Ministerial information requests, to maintain and produce records, and to bear application costs and fees as prescribed. The rights provide procedural safeguards: receipt of advisory reports, opportunity to make representations before adverse measures, ability to request review of committee reports within defined windows, and access to public registers and the National Protocols.

The Act specifies a mix of criminal fines, administrative enforcement powers, investigatory mechanisms, evidentiary conveniences and prosecutorial control. Enforcement is primarily Minister‑centred and administrative, supplemented by statutory penalties for particular offences.

Statutory fines and penalties

Misuse of the title "university" and related representations. A fine of $20,000 is prescribed where an education institution or its agent represents it is a university when it is not an Australian university or a recognised overseas university (s 6(1)). The same $20,000 fine applies to unauthorised conferral or purported conferral of a higher education award (s 6(3)) and to representing that a course leads to a higher education award when the provider is not duly authorised and the course not accredited (s 6(4)). Section 7A (representing authorisation to accredit) and section 7B (representations about admissions prerequisites) each prescribe a penalty of $20,000.
Inspector directions and false information. Inspectors’ written directions to produce records must be obeyed; failure attracts a fine of $10,000 (s 23B(2)). A person directed to answer questions must not refuse except on self‑incrimination grounds; failure to answer where not otherwise protected is punishable by a fine of $10,000 (s 23B(3)). Providing information known to be false or misleading to an inspector is also liable to a fine of $10,000 (s 23B(4)). Failure by an inspector to return a certificate when ceasing to be an inspector is a minor penalty of $400 (s 23A(4)).
Regulatory penalties. The regulations can prescribe penalties not exceeding $5,000 for offences against the regulations (s 30(2)(g)).

Enforcement mechanisms and processes

Ministerial control of prosecutions. A prosecution for an offence under the Act cannot be commenced except by or with the approval of the Minister (s 23C(2)). This places initiation of criminal enforcement under Ministerial discretion, rather than delegable to a general prosecutor or agency officer under the Act.
Inspectors and investigatory powers. Inspectors appointed by the Minister conduct investigations into compliance with authorisation conditions, ministerial accreditation conditions, suspected contraventions, and matters relevant to reviews (s 23A(2)). Inspectors have powers to enter, inspect and search non‑dwelling premises at reasonable times (s 23B(1)(a)), require production of records (s 23B(1)(b)), read and seize or copy records (s 23B(1)(c)), and require answers to relevant questions (s 23B(1)(d)). These powers support evidence gathering for administrative decisions and potential prosecutions.
Administrative actions: conditions, suspension and revocation. The Minister may impose conditions on determinations, authorisations or accreditations at the time of grant or subsequently (ss 10(4), 11A(1), 13B(5), 13C(1), 14(4), 15B(1), 18(7), 19B(1)). Where criteria are no longer met or conditions are breached, the Minister may suspend or revoke determinations, authorisations, or accreditations (ss 11, 13D, 15, 19). Prior to imposing conditions or taking suspension/revocation actions, the Minister must give the institution an opportunity to make representations, consider representations, and have regard to student interests (see, e.g., ss 11(2), 13D(3), 15(2), 19(3)).
Evidence and evidentiary presumptions. Certificates purporting to be issued by the Minister about authorisation/accreditation status are, in the absence of contrary evidence, evidence of their contents (s 27A). This facilitiates proof in administrative and judicial processes.
Recovery of fees. Fees payable under the Act are recoverable by the Crown as a debt in court (s 29), which supports fee enforcement and budgetary cost recovery.

Limits on enforcement and protections

Protections for administrative actors. Section 26A provides that an action in tort does not lie against a person for acts done in good faith in the performance or purported performance of a function under the Act. This limits civil exposure for officials and agents exercising statutory authority.
Confidentiality of information with exceptions. Section 26 restricts disclosure of information acquired under the Act but allows disclosure in the course of functions under the Act or the Fair Trading Act 2010, for proceedings under those Acts, or in exchanges with relevant Commonwealth/State/Territory bodies. That enables cross‑jurisdictional enforcement cooperation while protecting sensitive information.

Operational implications

Centralisation of prosecutorial authority in the Minister creates a political/administrative gate for criminal enforcement; investigations and inspector reports feed the Minister, who then decides whether to pursue prosecution (s 23C). That can influence enforcement timing and selection.
The statutory fines for title and award misrepresentations are significant relative to the minor regulatory maximum in s 30, signalling legislative priority on preventing misleading claims about university status and awards.
Inspectors’ powers to seize and copy records together with the obligations to comply and penalties for non‑compliance create real compliance costs and evidential risks for institutions; institutions must maintain accessible records and procedures for lawful responses to inspectors.
Suspension and revocation processes embed procedural protections, but the Minister retains discretion to impose conditions post‑grant, then suspend or revoke if conditions are breached. Notice, opportunity to be heard, and requirement to state grounds in writing are mandatory procedural constraints (see follow‑on sections referenced above).

In sum, enforcement combines administrative regulatory controls, inspectorate evidence gathering and substantial fines for core misrepresentations, with prosecutorial discretion concentrated in the Minister and statutory safeguards for procedural fairness before adverse administrative action.

The Act is structured to operate alongside Commonwealth, State and Territory higher education frameworks and other relevant statutes. It expressly incorporates and references external frameworks and provides mechanisms for legal interface.

Incorporation of external standards and frameworks

National Protocols and the Australian Qualifications Framework. The Act defines "National Protocols" and "Australian Qualifications Framework" as integral reference standards (s 3). Recognition of overseas universities (s 10(1)), criteria for self‑accrediting authorisation (s 13B(1)(c)), and course accreditation criteria (s 18(1)(b)) require consideration of the National Protocols and Australian standards. The Minister must make the National Protocols available for inspection (s 24A), signalling that those instruments provide substantive criteria used in decision‑making under the Act.

Cross‑jurisdictional recognition and cooperation

Recognition of overseas universities. An institution that was originally established overseas can be a "recognised overseas university" for the purposes of the Act if a section 10 determination is in force (ss 8-11). The Minister may have regard to national policies and inter‑jurisdictional agreements (s 10(3)(a)) when making determinations, allowing alignment with Commonwealth or other State approaches to overseas providers.
Accreditation by other jurisdictions. A course is accredited for the purposes of the Act if it is accredited by or under a written law of the Commonwealth, another State or Territory (s 16(c)). This permits recognition of accreditations granted under other statutory regimes, reducing duplication and supporting mutual recognition.

Interaction with Fair Trading and disclosure provisions

Information exchange and Fair Trading Act. Section 26(2)(a)-(b) permits disclosure of information acquired under the Act for exercises of functions under this Act or the Fair Trading Act 2010 and for proceedings under either Act. The Acts Amendment (Fair Trading) Act 2010 amendment is reflected in the compilation table and s 26 amendments, embedding a statutory pathway for enforcement and information sharing where consumer protection or fair trading issues intersect higher education representations.

Administrative law interfaces

Judicial review. The Act does not exclude judicial review or create privative clauses specifically. Administrative decisions by the Minister,such as granting, conditioning, suspending or revoking authorisations and accreditations,are subject to statutory procedural protections (opportunity to be heard, consideration of representations, reasons to be provided on suspension/revocation in writing) and thus will generate typical administrative law reviewability questions in external proceedings. The Act also requires certain determinations to be laid before Parliament (s 10(5), s 11(4)), which creates parliamentary oversight but does not substitute for judicial review.

Corporations law and vicarious liability

Corporations Act definitions and director liability. The Act imports the Corporations Act 2001 definition of "company" (s 3). Section 27 imposes vicarious liability principles on bodies corporate, exposing directors and persons concerned in management to like offences where the act occurred with their authority or consent. This intersects with directors’ duties under the Corporations Act, increasing compliance attention for corporate providers.

Evidence and procedural law

Evidentiary certificates. Section 27A makes ministerial certificates prima facie evidence of authorisation and accreditation status, interfacing with rules of evidence in administrative and judicial proceedings.

Financial and debt recovery law

Fees recoverable as a debt. Fees payable under the Act are recoverable by the Crown in court as a debt (s 29), interfacing with civil debt recovery procedures.

Delegation and public sector laws

Delegation to chief executive officer. The Minister may delegate functions to the chief executive officer (s 24), and remuneration of committee members is subject to the Salaries and Allowances Act 1975 where applicable (s 21(2)). The Public Sector Reform Act 2010 appears in the compilation table as an amending instrument and may affect administrative processes and public sector employment conditions in practice.

Limits and complementarities

The Act does not operate in isolation; it is designed to complement National Protocols and Commonwealth frameworks and to enable exchange of information with relevant national regulators. The Act accepts accreditations made under Commonwealth or other State laws (s 16(c)), which avoids duplication. At the same time, the Minister retains independent discretion under this Act to impose conditions, suspend or revoke recognitions or authorisations where criteria are not met (ss 11, 13D, 15, 19), creating a potential parallel or backstop enforcement function relative to other jurisdictions’ regulators.

Regulatory boundary issues

The Act contemplates coordination but preserves Ministerial discretion. While decisions must be informed by advisory committee reports and National Protocols, the Minister may also "have regard to any other relevant information" (see ss 10(3)(b), 13B(3)(b), 14(3)(b), 18(3)(b)), which permits consideration of matters beyond those external frameworks where necessary to protect student interests or local standards.

In short, the Act is constructed to sit alongside Commonwealth and interstate higher education regulation, to permit mutual recognition of accrediting decisions, to allow information sharing with Fair Trading and other jurisdictional bodies, and to apply corporate and public sector law concepts (director liability, delegation, remuneration frameworks) to providers operating in Western Australia.

The Act as compiled includes identifiable amendments and insertions recorded in the document. The compilation table lists specific amending Acts and the sections they affected. The following is a source‑grounded summary of amendment milestones and text insertions as shown in the Act.

Higher Education Act 2004 (Act No. 73 of 2004). The original Act received assent and commenced on 8 December 2004 (compilation table). The 2004 Act established the foundational framework.
Higher Education Amendment Act 2009 (No. 40 of 2009). This amending Act (assent 3 December 2009) introduced numerous insertions and amendments. The compilation header and many inline notes show "Heading inserted: No. 40 of 2009 s. X" and "Section X inserted: No. 40 of 2009 s. Y". Specific textual changes attributable to the 2009 amendment as reflected in the Act include:
- Insertion of new headings and sections in Division 1, including ss 7A and 7B (representations about authorisation to accredit and admissions) (see notes "Section 7A inserted: No. 40 of 2009 s. 7" and "Section 7B inserted: No. 40 of 2009 s. 7").
- Addition of Division 3 subdivisions and powers related to self‑accrediting authorisations and provider’s authorisations (ss 13A, 13B, 13C, 13D, 15A, 15B and consequential amendments) with cross‑references to inserted sections; multiple notes indicate these insertions (e.g. "Section 13B inserted: No. 40 of 2009 s. 18").
- Insertion of Part 3A (Reviews and investigation) including ss 22, 23A, 23B and 23C, establishing inspector powers and review mechanisms (see "Section 23A inserted: No. 40 of 2009 s. 37").
- Changes to the Register provisions, durations of authorisations and accreditations (ss 15A, 19A) and fee/payment arrangements (s 28). The Act notes that many headings and sections were inserted by No. 40 of 2009 (various internal notes).
Public Sector Reform Act 2010 (No. 39 of 2010). The compilation table records this Act as amending the Higher Education Act 2004 via s 89; it had effect from 1 December 2010. The text labels "Section 21 amended: No. 39 of 2010 s. 89" appear in the Act indicating amendment to s 21 regarding remuneration of advisory committee members.
Acts Amendment (Fair Trading) Act 2010 (No. 58 of 2010). The compilation table records this Act with effect from 1 January 2011 and marks amendment of s 26; the footnote "Section 26 amended: No. 58 of 2010 s. 196" appears. The amendment connects the Act’s disclosure provisions to the Fair Trading Act 2010, as reflected in s 26(2)(a)-(b).
Reprint 1: The Act was reprinted as at 23 July 2010, incorporating the 2009 amendments as indicated in the compilation table.

Internal insertion notes. Throughout the Act text, many sections are annotated as "Section X inserted: No. 40 of 2009 s. Y" (for example, s 7 is marked "Section 7 inserted: No. 40 of 2009 s. 9") indicating the 2009 amending Act inserted or substantially reworked those provisions. Sections appended after 2009 generally show the same amendment note.

Amendment scope and themes. The amendments recorded in the text focus on:

Strengthening administrative procedures for authorisation and accreditation (new processes for self‑accrediting authorisations, provider’s authorisations, ministerial accreditation and advisory committee procedures).
Introducing an inspectorate with investigatory powers and penalties (Part 3A).
Aligning disclosure provisions and enforcement with the Fair Trading Act (s 26 amendments by 2010 Act).
Adjusting public sector personnel and remuneration arrangements for advisory committee members (Public Sector Reform Act 2010).

Limitations. The Act text provides the compilation table identifying the specific amending statutes and relevant section numbers. It does not supply an exhaustive legislative drafting history beyond the entries shown. Any further amendment events after the listed compilation entries are not recorded in the material provided. Practitioners should consult the authorised reprint and parliamentary records for subsequent amendments beyond those noted.

The Act as provided contains no case citations, reported decisions or judicial consideration recorded within the text. It does not list or summarise litigation that has arisen under its provisions. The Act’s internal notes and compilation table record statutory amendments and reprints but do not reference any judicial determinations.

Consequently, based on the statutory text alone:

There is no litigation history set out in the Act document to indicate how courts have interpreted its provisions, procedural requirements, the scope of ministerial discretion, inspectors’ powers, or the vicarious liability provisions of s 27.
There are no authoritative judicial glosses on key concepts such as "represent", "providing a course of study" (although the Act itself defines these for its purposes in ss 4-5), the standard of "satisfied" for Ministerial decisions (e.g. ss 10(1), 13B(1), 14(1), 18(1)), or the interplay between the Act and Commonwealth or interstate regulatory frameworks.

Practically, the Act contains many provisions that would be litigation‑prone in a lived regulatory environment: Ministerial discretion to impose conditions and to suspend/revoke authorisations (with statutorily required procedural steps), inspectors’ seizure and compulsion powers, and large fines for misrepresentation. The Act also centralises prosecutorial authority with the Minister (s 23C(2)), a feature that could shape the scope and timing of judicial cases.

For authoritative precedent on interpretation, judicial review, administrative law remedies and enforcement outcomes, practitioners would need to consult case law databases and court records outside this Act text. The Act itself does not provide litigation examples or summaries.

The Act contains operational details and drafted definitions that create practical traps for institutions, agents and administrators. Below are concrete "watch points" grounded in the statute.

Representations are broadly framed. The Act’s definition of "represent" is wide: a person represents that a state of affairs exists if the person does or says anything or allows anything to be done or said by which the representation or a belief may be induced (s 5). That means passive conduct,permitting third parties or agents to make statements,can attract liability under s 6 and the related s 7A and s 7B prohibitions. Institutions must control third‑party marketing, recruitment agents and subcontractors.

Agents are within the regulated perimeter. Agents are explicitly caught by prohibitions such as s 6(1) and 6(3). An institution can be vicariously liable for agents’ conduct; s 27(2) creates an evidential burden on institutions to prove lack of knowledge and due diligence if an agent commits an offence.

"Providing a course" is defined by enrolment activity. For the Act’s purposes, providing a course includes enrolling or offering to enrol students whether face‑to‑face or at a distance by post, fax, email or any other means (s 4). Distance marketing and online enrolments are thus within scope; providers engaging in online delivery must ensure authorisation and accreditation are in place before marketing or enrolment.

Applications demand prescribed information and timely responses. Many application routes require prescribed information and either a payment agreement (ss 7(2), 9(2), 13A(2)) or regulationally prescribed fees (ss 13(2), 17(2)). The Minister may issue written requests for further information with a specified reasonable time for compliance and may refuse applications that do not comply (e.g. ss 7(3)-(5), 9(3)-(5)). Practitioners should expect operational requirements that, if not satisfied, permit refusal on procedural grounds.

Costs shift to applicants. The Act enables the Minister to enter payment agreements to recover reasonable costs and expenses in considering requests and paying advisory committee costs (s 28). Regulations may specify fee structures and methods of calculation (s 30(2)(e), (3)). Applicants therefore bear measurable administrative costs in addition to compliance obligations.

Ministerial discretion is broad but procedurally constrained. The Minister has wide power to grant recognitions, authorisations and accreditations and to attach or later impose conditions (e.g. ss 10(4), 11A(1), 13B(5), 13C(1), 18(7), 19B(1)). However, before imposing or changing conditions or suspending/revoking, the Minister must give an opportunity to be heard and must consider representations and student interests. The practical effect is that decisions may be subject to administrative delay and procedural steps that an applicant must manage.

Prosecution gating. Prosecutions for offences under the Act cannot be commenced except by or with the Minister’s approval (s 23C(2)). This can delay criminal enforcement and concentrates prosecutorial discretion with the Minister, which may affect enforcement predictability.

Inspectors’ powers and record‑keeping obligations. Inspectors may enter non‑dwelling premises at reasonable times and require production and seizure/copying of records (s 23B(1)). Failure to comply with production directions or to answer questions (except on self‑incrimination grounds) attracts fines (s 23B(2)-(3)). Institutions must maintain accessible records and designate staff able to respond to inspector demands.

Advertising controls and regulatory risk. Regulations may control, regulate or prohibit advertising by education institutions (s 30(2)(c)). Coupled with the broad definition of "represent" and substantial fines for misrepresentation (s 6), advertising campaigns must be carefully scripted and checked against the register and authorisation status.

Five‑year cycles and renewal timing. Provider’s authorisations and ministerial accreditations generally continue for five years and have an extension mechanism of up to six months when renewal is pending (ss 15A(1) and (2), 19A(1) and (2)). Practitioners must plan renewal applications well within those timeframes or risk lapses that affect lawful marketing and enrolment.

Public register and evidence. Authorisations and accreditations are entered in the Register of Higher Education and are public (s 23(1)-(4)). Ministerial certificates are prima facie evidence of status under s 27A. Misalignment between an institution’s marketing and entries on the register can create exposure in enforcement and litigation.

Vicarious liability for corporate managers. A body corporate convicted of an offence exposes directors and management to like offences if the act occurred with their authority, consent or permission (s 27(1)). Corporate governance structures must therefore address compliance proactively.

Confidentiality exceptions. Section 26 protects information but allows disclosure for functions under this Act and the Fair Trading Act and exchanges with relevant bodies (s 26(2)). Confidentiality expectations should be calibrated: information may lawfully be shared with other regulators.

Minor but binding procedural provisions. Small details, such as the requirement for inspectors to return their certificate within 21 days (s 23A(4)), carry penalties; while penalties are modest, they demonstrate the Act’s attention to procedural formality.

Taken together, these "gotchas" indicate that institutions and their agents must maintain active compliance systems, control agent communications, budget for application costs, keep records accessible, engage with advisory committee processes within procedural windows, and monitor public registers to ensure public representations match legal status.

This section provides a compliance checklist and practical steps directly traceable to the Act’s provisions. Consistent compliance requires governance, record‑keeping, application discipline and controls over communications.

Determine legal status and entitlement to use titles. Confirm whether the institution is an Australian university, Australian university college, or a recognised overseas university (s 3 definitions; s 8). If not, do not use the title "university" or represent university status in any way (s 6(1)). Ensure agents, marketers and subcontractors are contractually prohibited from making prohibited representations (s 5; s 6).
Authorisation and accreditation before representations or enrolment. Ensure that any representation that a course leads to a higher education award is only made where:
- the provider is an Australian university, Australian university college, recognised overseas university; or
- the provider is an authorised non‑university institution and the course is accredited (s 6(4); s 16). If seeking to self‑accredit, apply under s 13A and s 13B; if not, secure a provider’s authorisation (ss 13, 14) and ministerial accreditation for each course (ss 17-18).
Follow application requirements meticulously. Include all prescribed information and either a payment agreement or the fee as required (ss 7(2), 9(2), 13A(2), 13(2), 17(2)). Respond to any Ministerial request for further information within the reasonable time specified; failure permits refusal (e.g. ss 7(3)-(5), 9(3)-(5), 13A(3)-(5), 13(3)-(5), 17(3)-(5)).
Budget for costs and fees. Anticipate payment agreements for advisory committee processes (ss 7(2), 9(2), 13A(2)) and fees for authorisation/accreditation applications (ss 13(2), 17(2), s 30(2)(e)). Fees are recoverable as a debt (s 29). Build fee schedules and potential advisory committee costs into project budgets.
Prepare evidence of compliance with criteria. For self‑accrediting or provider’s authorisation applications, assemble documentation demonstrating governance, financial resources, facilities, staffing and student services, and quality assurance processes equivalent to Australian standards (ss 13B(1)(a)-(c), 14(1)(a)-(b), 18(1)(a)-(b)). Be ready to show comparability with similar institutions as the Minister may have regard to such information (ss 13B(3)(a), 14(3)(a), 18(3)(a)).
Control marketing and agent communications. Because "represent" includes allowing third parties to say or do things (s 5), contractually bind agents and recruiters to accurate statements, maintain approval processes for marketing content, and ensure marketing checks against register entries (s 23(3)).
Maintain robust records and designate compliance officers. Inspectors may require production of records and may seize or copy records (s 23B(1)(b)-(c)). Keep records in accessible formats, maintain an audit trail and designate staff authorised to liaise with inspectors. Train staff on the obligation to comply with inspector directions and on the narrow scope of self‑incrimination protections (s 23B(3)).
Monitor Ministerial and advisory committee steps. When an advisory committee is appointed, expect to receive its report and be prepared to request a review within 30 days if appropriate (s 21A(1)-(3)). Follow procedural timelines; the Minister must not decide an application until report review processes are resolved (s 21A(5)).
Manage conditions and renewal timelines. If granted authorisation or accreditation with conditions, implement compliance plans and monitoring to avoid contraventions that could lead to suspension or revocation; prior to imposing conditions or suspending/revoking, the Minister must give an opportunity to make representations (see ss 11A(2), 13C(2), 13D(3), 15B(2), 15(2), 19B(2), 19(3)). For renewals, apply well ahead of the 5‑year expiry and use the six‑month extension mechanism only as contingency (ss 15A(1)-(2), 19A(1)-(2)).
Use the register and National Protocols. Ensure that any self‑accrediting authorisation or ministerial accreditation entries are accurate on the Register of Higher Education (s 23(3A), (3)). Make National Protocols available internally and ensure institutional procedures align with them (s 24A; s 3 definitions).
Address corporate governance and liability exposure. Incorporate compliance responsibilities into board duties; remember vicarious liability provisions (s 27). Document due diligence steps to support a defence if employee or agent misconduct arises (s 27(2)).
Plan for inspections and possible prosecutions. Given that prosecutions require Ministerial approval (s 23C(2)), maintain records of communications and corrective measures taken when issues arise. Adopt remediation plans for student protection issues which the Minister must consider (e.g. ss 10(4), 13B(5), 18(7)).
Confidentiality and data sharing. Ensure internal policies reflect s 26: information obtained under the Act is protected but may be shared in connection with the Act, Fair Trading Act or exchanges with other relevant jurisdictional bodies (s 26(2)). Put processes in place for lawful disclosure and data exchange requests.
Verify advertising rules in regulations. The regulations may prescribe controls on advertising (s 30(2)(c)) and set related penalties (s 30(2)(g)). Consult the regulations for detailed advertising compliance, fee schedules and recordkeeping requirements.
Keep a legal monitoring plan. The statutory framework and appended National Protocols are living controls; maintain a system to track regulatory changes and to ensure continuing alignment with National Protocols and other jurisdictional requirements referred to in the Act (s 3).

Adopting these measures,structured governance, documentable quality assurance, disciplined application and review processes, controls over agents and marketing, and accessible records,implements the Act’s compliance obligations embodied in the statutory duties, and reduces operational risk from inspections, administrative conditions and penalties.

Deep Dive

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