QueenslandHIGHEREDUCATION(GENERAL
PROVISIONS) ACT1993Reprinted as in force on 21 April
1997(includes amendments up to Act No. 65 of
1996)Reprint No. 1A *This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy*Minor differences in style between
this reprint and another reprint with the same number are due to
theconversion to another software program. The
content has not changed.
Information about this reprintThis
Act is reprinted as at 21 April 1997.The
reprint—•shows the law as amended by all
amendments that commenced on or before that day(Reprints Act
1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have alsobeen made to use
aspects of format and printing style consistent with current
draftingpractice (s 35).This page is
specific to this reprint.See previous reprint for information
about earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s3Higher
Education (General Provisions) Act 1993HIGHER EDUCATION
(GENERALPROVISIONS) ACT 1993[as amended by
all amendments that commenced on or before 21 April 1997]AnActtomakeprovisioninrelationtotheestablishmentofuniversitiesandfortheaccreditationofcoursesthatleadtohigher education
awards proposed to be offered by other bodiesand institutions,
and for related purposes1Short
titleThis ActmaybecitedastheHigherEducation(GeneralProvisions)Act 1993.2CommencementThis Act
commences on a day to be fixed by proclamation.3DefinitionsIn this
Act—“accredit”includes
re-accredit;“advertise”means publish in
any way, and includes publish—(a)in a
newspaper or periodical; and(b)by
radio or television; and(c)in a film or
video recording; and(d)by a notice,
sign or circular;“authorised”means—(a)accredited by the Minister under this
Act; or(b)authorised by, or accredited under,
another Act; or
s34s3Higher
Education (General Provisions) Act 1993(c)authorised by, or accredited under, an Act
of the Commonwealth,another State or a Territory;
or(d)authorised by, or accredited under,
the law of a foreign country;or(e)authorisedoraccreditedbytheauthorityinaforeigncountrythat, in the Minister’s opinion, is the
competent authority;“higher education”means
education—(a)that is provided by a university;
or(b)that is provided by a non-university
provider and—(i)is accredited by the Minister under
this Act; or(ii)is accredited or
otherwise recognised under another Act, oran Act of the
Commonwealth, another State or a Territory,as being higher
education; or(iii)isaccreditedorotherwiserecognisedunderthelawofaforeign country as being higher
education; or(iv)isaccreditedorotherwiserecognisedasbeinghighereducation by the authority in a foreign
country that, in theMinister’s opinion, is the competent
authority;“higher education award”means—(a)a degree, status, title or description
of bachelor, master or doctor;or(b)an award of postgraduate diploma or
graduate certificate; or(c)another award
prescribed by regulation;“non-university provider”means a person (other than a university)
thatprovides, or proposes to provide, a course
of higher education;“person”includes body
and institution;“university”means a higher
education institution—(a)that is—(i)established or recognised as a
university under an Act; or(ii)established or recognised as a university
under an Act of theCommonwealth, another State or a Territory;
or(b)that is—
s45s7Higher
Education (General Provisions) Act 1993(i)established in a foreign country; and(ii)recognisedasauniversitybytheauthorityintheforeigncountrythat,intheMinister’sopinion,isthecompetentauthority for the purpose; or(c)that is recognised by regulation to be
a university.4Minister may make inquiries to form
certain opinionsToenabletheMinistertoformtheopinionmentionedinsection3,definition“authorised”,paragraph
(e),definition“highereducation”,paragraph
(b)(iv), or definition “university”, paragraph (b)(ii), the
Ministermay make the inquiries that the Minister
considers appropriate.5Establishment of
universities in QueenslandIndeterminingwhetherahighereducationinstitutionshouldbeestablished or recognised as a
university in Queensland under an Act, theMinister must
have regard to the regulations.6Limitation on operation in Queensland of
foreign universities(1)Auniversitymentionedinsection 3,definition“university”,paragraph (b),
must not operate, or purport to operate, in Queensland as auniversity, or part of a university, without
the Minister’s approval.(2)Approvalmentionedinsubsection (1)maybegivenonlyiftheMinister is
satisfied that the university complies with the regulations.7Limitation on use of “university”
etc.Unless an institution, facility, school,
college or other place that offers,orpurportstooffer,highereducationisestablishedas,orrecognisedasbeing, a university or part of a university,
a person must not give to it thetitle
‘university’, ‘university college’ or a like title (whether any of
thosetitles is given alone or in combination with
other titles).Maximum penalty—200 penalty
units.
s86s9Higher
Education (General Provisions) Act 19938Limitation on conferring or using certain
awards(1)Anon-universityprovider,orapersonwhopurportstobeanon-university
provider, must not confer, or hold out that the provider orperson is competent to confer, a higher
education award unless the provideror person is
authorised to confer the award.Maximum
penalty—200 penalty units.(2)Anon-universityprovider,orapersonwhopurportstobeanon-universityprovider,mustnotsend,exhibit,printoradvertiseadocument that is likely, or is intended by
the provider or person, to inducethe belief that
the provider or person, in Queensland or elsewhere—(a)will confer a higher education award;
or(b)undertakes to confer a higher
education award; or(c)holdsoutthattheproviderorpersoniscompetenttoconferahigher education award;unless the
provider or person is authorised to confer the award.Maximum penalty—200 penalty units.(3)A person, with a view to obtaining an
advantage or benefit for theperson or another
person, must not—(a)use, or attempt to use, a higher
education award; or(b)induce,orattempttoinduce,thebeliefthatthepersonhasahigher education award;unless the award was conferred on the person
by—(c)a university; or(d)anon-universityproviderthatwasauthorisedtoconfertheaward.Maximum
penalty—100 penalty units.9Universities as
accrediting authoritiesEachuniversityistheaccreditingauthorityforcoursesthatleadtoawards that it confers.
s
107s 12Higher Education
(General Provisions) Act 199310Minister as accrediting authority(1)The Minister is the accrediting
authority for courses leading to highereducationawardsoffered,orproposedtobeoffered,bynon-universityproviders.(2)The Minister may accredit a course for
a higher education award, or aproposed higher
education award, if the Minister is satisfied, following anassessment made in accordance with
accreditation procedures and criteriaapproved by the
Minister, that the course, and the way of delivering it, areappropriate to the type of the award.(3)An accreditation by the
Minister—(a)stays in force for the period that the
Minister determines; and(b)is subject to
conditions that may be imposed by the Minister.(4)TheMinistermayamendorrevokeanaccreditationundersubsection (2) if the Minister is satisfied,
following a reassessment of theaccreditationmadeinaccordancewiththeproceduresandcriteriamentioned in
subsection (2), that the course, or the way of delivering it,
isno longer appropriate to the type of the
award.11Copies of accreditation procedures and
criteria to be madeavailable(1)A
person may request the chief executive of the department to
givethe person a copy of the procedures and
criteria mentioned in section 10(2).(2)The
chief executive must promptly comply with the request.12Minister may examine non-university
provider’s operations(1)Forthepurposementionedinsubsection (2),theMinistermayexamine,orcausetobeexamined,theoperationorproposedoperation(including financial arrangements) of a
non-university provider.(2)Anexaminationmentionedinsubsection (1)isforthepurposeofenabling the Minister to form an
opinion about whether—(a)the standard of
a course; and(b)the way of delivering the course;
and(c)theability(includingfinancialability)ofthenon-universityprovider to
deliver the course;
s
138s 15Higher Education
(General Provisions) Act 1993justify the
course being accredited under section 10.(3)Ifduringtheperiodforwhichacoursehasbeenaccredited,theMinister is satisfied on reasonable grounds
that the matters mentioned insubsection (2)
may no longer justify the course’s continued accreditation,theMinistermayexamine,orcausetobeexamined,theoperation(includingfinancialarrangements)ofthenon-universityproviderconcerned.13Applications under s 10(1)Applicationforaccreditationundersection 10mustbemadeinaccordancewiththeapprovedaccreditationproceduresmentionedinsection 10(2).(2)An
applicant must pay the fee—(a)prescribed under a regulation; and(b)at the time prescribed under a
regulation.14Decision on applications to be
advised(1)TheMinistermustadviseanapplicantforaccreditationundersection 10, in writing, of the Minister’s
decision on the application.(2)The
advice mentioned in subsection (1) must—(a)iftheapplicationisapproved—specifytheperiodofapprovaland the
conditions (if any) to which the approval is subject; or(b)if the application is refused—give
reasons for the decision.15Amendment or
revocation to be advisedIfanaccreditationgivenundersection
10isamendedorrevoked,theMinister must immediately—(a)advise the non-university provider, in
writing, of the amendmentor revocation; and(b)givethenon-universityproviderwrittenreasonsfortheamendment or
revocation.
s
169s 18Higher Education
(General Provisions) Act 199316Appeal against Minister’s decision(1)A person who is aggrieved by a
decision of the Minister under thisAct may appeal
against the decision to a District Court judge.(2)The
appeal—(a)must be instituted—(i)within28 daysafterthepersonreceivesnoticeofthedecision; and(ii)by
filing a notice of appeal in the appropriate District Courtregistry; and(iii)by
complying with rules of court applicable to the appeal;and(b)must be
conducted in accordance with rules of court applicabletotheappealor,iftherulesmakenoprovisionorinsufficientprovision,inaccordancewithdirectionsofaDistrictCourtjudge; and(c)is
by way of rehearing of the material before the Minister or,
ifthe judge hearing the appeal orders, on
material submitted on theappeal, or on both.(3)The Minister is a party to the
appeal.(4)On the appeal, the judge may make the
orders the judge considersjust.(5)In
this section—“decision”includes a
failure to make a decision.17Annual
reportAs soon as practicable after the end of each
financial year, the Ministermust prepare a
report on the operation of this Act during the year and
causea copy of the report to be tabled in the
Legislative Assembly.18Bodies may be
excluded from operation of ActA body may be
excluded from the operation of this Act by regulation.
s
1910s 19Higher Education
(General Provisions) Act 199319RegulationsThe Governor in
Council may make regulations for the purposes of thisAct.
11Higher Education (General Provisions)
Act 1993ENDNOTES1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.113Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .114Table of earlier
reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .125List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .126List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .122Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 21 April 1997.Future amendments
of the Higher Education (General Provisions) Act 1993 may be
madein accordance with this reprint under the
Reprints Act 1992, section 49.3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=presentKeyprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASIRSLsubunnumExplanation=previous=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
1992=subordinate legislation=substituted=unnumbered
