QueenslandHigher Education
(General Provisions) Act 1993HIGHEREDUCATION(GENERALPROVISIONS)REGULATION1996Reprinted as in force on 22 December
2000(includes amendments up to SL No. 344 of
2000)Reprint No. 2A *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 reprintThisregulationisreprintedasat22 December 2000.Thereprintshowsthelawasamended by all amendments that commenced on
or before that day (Reprints Act 1992s 5(c)).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 beenmade to use
aspects of format and printing style consistent with current
drafting practice(s 35).This page is
specific to this reprint.See previous reprints 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)
Regulation1996HIGHER EDUCATION (GENERALPROVISIONS) REGULATION 1996[as
amended by all amendments that commenced on or before 22 December
2000]PART 1—PRELIMINARY1Short
titleThisregulationmaybecitedastheHigherEducation(GeneralProvisions)
Regulation 1996.PART 2—INTERPRETATION2DefinitionsIn this
regulation—“proposal”meansaproposalmadeunderpart3byahighereducationinstitutionforitsestablishmentorrecognitionasauniversityinQueensland under an Act.“proposed
university”means the higher education institution to
which aproposal relates.3Meaning of “characteristics and role of a
university”A higher education institution has the
characteristics, and fulfils the role,of a university
if it has—(a)thecapacitytoadvance,preserveandtransmitknowledgethrough research, scholarly activity and
teaching; and(b)thecapacitytoprovidecoursesofstudyleadingtohighereducation awards
under national and international standards; and
s44s5Higher Education (General Provisions)
Regulation1996(c)thecommitmenttoconstituteagoverningstructurethatwillenabletheinstitutiontofulfilitsobligationsforacademicautonomy,
independent enquiry and self-management; and(d)the
capacity to have sufficient and satisfactory financial, humanandmaterialresources(including,forexample,buildings,equipment and
plant) to support its research, scholarly activityand
teaching.PART 3—ESTABLISHMENT OR RECOGNITION
OFUNIVERSITIES IN QUEENSLAND4Ministerial decision about
establishment or recognition ofuniversityTheMinistermaydecidethatahighereducationinstitutionmaybeestablished or recognised as a
university in Queensland under an Act onlyif—(a)the institution has, under this part,
proposed it be so establishedor recognised;
and(b)aftertheproposalhasbeenconsideredunderthispart—theMinisterissatisfiedtheinstitutionhasthecharacteristics,andfulfils the role, of a university.5Proposal to be established or
recognised as university inQueensland(1)Ahighereducationinstitutionmaypropose,inwritingtotheMinister,thatitshouldbeestablishedorrecognisedasauniversityinQueensland under an Act.(2)The
proposal must include detailed documentation about the way
theproposeduniversityhasthecharacteristics,andfulfilstherole,ofauniversity.(3)The
proposal may also include other relevant information.
s65s9Higher Education (General Provisions)
Regulation19966Establishment of
committee and referral of proposal to it(1)As
soon as possible after receiving the proposal, the Minister
mustestablishacommitteeandrefertheproposaltothecommitteeforitsconsideration and a report.(2)The committee must consist of 3 or
more persons appointed by theMinister.(3)The Minister may appoint a person to
be a member of the committeeonly if the
Minister is satisfied the person has substantial knowledge
andexperience of academic affairs or university
management.7Considerations for committeeThe
committee must decide the extent to which the proposed
universityhas the characteristics, and fulfils the role,
of a university by considering—(a)the
information provided in the proposal; and(b)other relevant information obtained from the
proposed universityor other sources.8Committee may stop its considerationIf
the committee decides that a reasonable request for cooperation
fromtheproposeduniversityhasnotbeenmet,thecommitteemaystopconsidering the
proposal and advise the Minister that it has stopped and itsreasons for stopping.9Committee to report to the Minister(1)The committee must give a written
report to the Minister about theproposal, within
the time agreed between the Minister and the committee.(2)The report must include—(a)an analysis of the extent to which the
proposed university has thecharacteristics,
or fulfils the role, of a university; and(b)thecommittee’srecommendationaboutwhethertheproposeduniversity
should or should not be established or recognised as auniversity and its reasons for the
recommendation; and
s
106s 12Higher Education
(General Provisions) Regulation1996(c)anyconditionsrecommendedbythecommitteetowhichtheestablishment or recognition should be
subject.10Minister to decide proposal after
receipt of committee’s reportAftertheMinisterreceivesandconsidersthecommittee’sreport,theMinistermustdecidewhethertheproposeduniversityshouldbeestablished or recognised as a
university in Queensland under an Act.11Decision and notice to institution(1)The Minister must give to the proposed
university written notice ofthe Minister’s
decision under section 10.(2)If the Minister
has decided that the proposed university should beestablishedorrecognised,onconditions,asauniversityinQueenslandunder an Act, the
notice must also state the conditions.(3)IftheMinisterdecidesthattheproposeduniversityshouldnotbeestablished or
recognised as a university in Queensland under an Act, thenotice must also state the reasons for the
decision.1(4)The notice must
also state that, under section 16 of the Act,2a
personwhoisaggrievedbyadecisionoftheMinistermayappealagainstthedecision to a District Court judge
within 28 days after the person receivesnotice of the
decision.PART 4—FOREIGN UNIVERSITIES IN
QUEENSLAND12Approval for foreign institutions to
operate as universities(1)Aninstitutionmayapplyforapprovalfortheinstitutionundersection 6 of the Act.1Section 16 of the Act sets out that a person
may appeal to a District Court judge ifthe person is
aggrieved by a Minister’s decision under this Act.2Section 16 of the Act (Appeal against
Minister’s decision)
s
137s 13AHigher Education
(General Provisions) Regulation1996(2)The Minister may approve an
institution under section 6 of the Actonly if the
Minister is satisfied about—(a)thelegalstatusoftheinstitutionanditsstandinginitsowncountry(includingrecognitionbytherelevantaccreditationbody);
and(b)the adequacy of the proposed
arrangements for the institution’soperation,havingregardtoStateandCommonwealthrequirements.13Minister to decide application(1)The Minister must decide an
application under section 12—(a)by
granting the application, with or without conditions; or(b)by refusing the application.(2)TheMinistermustgivetotheapplicantwrittennoticeoftheMinister’s
decision.(3)If the Minister has approved the
application on conditions, the noticemust also state
the conditions.(4)If the Minister has not approved the
application, the notice must alsostate the reasons
for the decision.(5)If the decision is not the decision
sought by the applicant, the noticemust also state
that, under section 16 of the Act,3a
person who is aggrievedby a decision of the Minister may
appeal against the decision to a DistrictCourt judge
within 28 days after the person receives notice of the
decision.PART 4A—ACCREDITATION OF COURSES13A
Application and examination fees(1)An
application by a non-university provider for accreditation of 1
ormore courses leading to a higher education
award must be accompanied bythe application
fee for each course.3Section 16 of the Act (Appeal against
Minister’s decision)
s
13B8Higher Education (General Provisions)
Regulation1996s 13B(2)Also, if the course assessment panel for the
application is to examinethe applicant’s operation or proposed
operation for a course, the applicantmust, before the
examination is conducted, pay the examination fee for thecourse.(3)However, if the application is for 2 or more
courses and the samecourseassessmentpanelistoexaminetheapplicant’soperationorproposedoperationformorethan1ofthecourses,theapplicantmust,before the examination is conducted,
pay—(a)the examination fee for the highest
fee course of the courses forwhich the
operation or proposed operation is to be examined or,if
there is more than 1 highest fee course, the examination fee
for1 of them; and(b)one-quarteroftheexaminationfeeforeachothercourseforwhich the operation or proposed operation is
to be examined.(4)If the applicant has made 2 or more
applications at the same time, theapplicationsare,forsubsection(3),takentohavebeenmadeas1
application.(5)In this section—“course assessment
panel”means the panel established by the Minister
toassess an application for accreditation of a
course leading to a highereducation award.“highestfeecourse”,foranapplicationforaccreditationofcoursesleading to a
higher education award, means the course for which thehighest examination fee is prescribed under
this regulation.13B Waiver of examination fee(1)This section applies if the
application—(a)is for the accreditation of a course
proposed to be offered in 2 ormore States;
and(b)has been made in accordance with the
MCEETYA procedures.(2)TheMinistermaywaivepaymentofthefeementionedinsection 13A(2) or (3) if the Minister is not
the receiving authority, for theapplication,
under the MCEETYA procedures.(3)In
this section—
s
149s 16Higher Education
(General Provisions) Regulation1996“MCEETYAprocedures”meanstheproceduresapprovedbytheMinisterial
Council on Education, Employment, Training and YouthAffairsforconsideringapplicationsbynon-universityprovidersforthe concurrent accreditation of
courses, proposed to be offered in 2 ormore States,
leading to a higher education award.PART
5—MISCELLANEOUS MATTERS14Definition “higher
education award”—s 3 of the ActThe following
are higher education awards—(a)awards offered by a university, other than
an award mentioned insection3oftheAct,definition“highereducationaward”,paragraph (a) or (b);(b)diplomas (however described) and associate
degrees for coursesofferedbyanon-universityproviderandaccreditedbytheMinister under section 10 of the
Act.15Exclusion of U3A from operation of s 7
of the ActThe body known as the ‘University of the
Third Age (U3A)’ is excludedfrom the
operation of section 7 of the Act.16FeesThe fees payable
under the Act are in the schedule.
12Higher Education (General Provisions)
Regulation19964Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes a roman letter, the reprint was released in
unauthorised,electronic form only.]Reprint
No.11A1B2Amendments includednoneto SL No. 76 of 1996to SL
No. 199 of 1997to SL No. 199 of 1997Reprint
date4 April 19966 November
199612 November 199727 January
19985List of legislationHigher
Education (General Provisions) Regulation 1996 SL No. 46made
by the Governor in Council on 14 March 1996notfd gaz 15
March 1996 pp 1178–9commenced on date of notificationexp 1
September 2006 (see SIA s 54)as amended
by—HigherEducation(GeneralProvisions)AmendmentRegulation(No.1)1996SL No. 76notfd
gaz 26 April 1996 pp 1781–2commenced on date of
notificationHigherEducation(GeneralProvisions)AmendmentRegulation(No.1)1997SL No. 199notfd
gaz 4 July 1997 pp 1143–4commenced on date of
notificationHigherEducation(GeneralProvisions)AmendmentRegulation(No.1)2000SL No. 344notfd
gaz 15 December 2000 pp 1478–83commenced on date
of notification6List of annotationsDecision and notice to institutions
11amd 1996 SL No. 76 s 3Minister to decide
applications 13amd 1996 SL No. 76 s 4PART
4A—ACCREDITATION OF COURSESpt hdgins 1997 SL No.
199 s 3
