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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
TASMANIAN QUALIFICATIONS
AUTHORITY BILL 2003
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
5. Non-application of Act to certain providers of higher
education and to vocational education and training
providers
6. Relationship with Vocational Education and Training Act
1994
PART 2 - TASMANIAN QUALIFICATIONS AUTHORITY
Division 1 - Tasmanian Qualifications Authority
7. Tasmanian Qualifications Authority
8. Membership of Authority
9. Objectives of Authority
10. Functions of Authority
11. Powers of Authority
12. Delegation
13. Ministerial directions
[Bill 75]-X
14. Independence of Authority
Division 2 - Duties of members of Authority
15. Duties of members of Authority
Division 3 - Chief executive officer and other staff
16. Chief executive officer
17. Role, functions and powers of chief executive officer
18. Staff
19. Authorised officers
Division 4 - Committees
20. Committees
21. Procedure of committees
Division 5 - Financial affairs
22. Authorised deposit-taking institution accounts
23. Accounting records
24. Report to Minister
PART 3 - SENIOR SECONDARY EDUCATION
25. Application for accreditation of senior secondary course
26. Accreditation of senior secondary course
27. Term of accreditation of accredited senior secondary
course
28. Renewal of accreditation as accredited senior secondary
course
29. Cancellation of accreditation as accredited senior
secondary course
30. Offence of falsely claiming to provide accredited course
31. Assessment of accredited senior secondary courses
32. Conferral or issue of approved qualification
33. Standards for provision and assessment of accredited
senior secondary courses
2
PART 4 - HIGHER EDUCATION
Division 1 - Preliminary
34. When person may provide higher education course or
higher education award
Division 2 - Accreditation of higher education courses
35. Application for accreditation of course
36. Accreditation of higher education course
37. Term of accreditation of accredited higher education
course
38. Accredited higher education course subject to conditions
39. Renewal of accreditation as accredited higher education
course
40. Cancellation of accreditation as accredited higher
education course
41. Offences relating to provision of higher education course
Division 3 - Registration of higher education providers
42. Application for registration
43. Registration as registered higher education provider
44. Registration subject to conditions
45. Registration certificate
46. Term of registration
47. Registration fee
48. Amendment of registration
49. Renewal of registration
50. Registration not transferable
51. Direction to registered higher education provider
52. Cancellation or suspension of registration
53. Offences relating to registration as higher education
provider
54. Offences relating to use of "university", &c.
55. Conferral or issue of approved qualification
3
PART 5 - INVESTIGATIONS AND INSPECTIONS
56. Investigations
57. Inspections
58. Documents
59. Use of document or information obtained
PART 6 - REVIEW OF DECISIONS
60. Review of decisions
PART 7 - REGISTERS
61. Registers
62. Manner of keeping registers
63. Access to registers
PART 8 - RULES
64. Rules
PART 9 - MISCELLANEOUS
65. Offences relating to exercise of powers by Authority or
authorised officer
66. Offences by body corporate and director, &c.
67. Land Acquisition Act 1993 does not apply
68. Judicial notice of certain signatures
69. Presumptions
70. Evidentiary matters
71. Service of documents
72. Regulations
73. Savings and transitional provisions
74. Administration of Act
75. Consequential amendments
76. Acts repealed
77. Statutory Rules rescinded
SCHEDULE 1 - MEMBERSHIP OF AUTHORITY
4
SCHEDULE 2 - MEETINGS OF AUTHORITY
SCHEDULE 3 - SAVINGS AND TRANSITIONAL
PROVISIONS
SCHEDULE 4 - CONSEQUENTIAL AMENDMENTS
SCHEDULE 5 - ACTS REPEALED
SCHEDULE 6 - STATUTORY RULES RESCINDED
5
6
TASMANIAN QUALIFICATIONS
AUTHORITY BILL 2003
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to establish the Tasmanian Qualifications
Authority, to provide for the development and
management of qualification processes, to abolish
certain qualifications bodies, to repeal the
Universities Registration Act 1995 and related Acts,
to amend certain Acts and for related purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Tasmanian Qualifications
Authority Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
[Bill 75] 7
s. 3 No. Tasmanian Qualifications Authority 2003
Interpretation
3. (1) In this Act, unless the contrary intention appears -
"accredited higher education course" means a
course that has been accredited under
section 36;
"accredited senior secondary course" means a
course that has been accredited under
section 26;
"accredited training course" has the same
meaning as in the Vocational Education and
Training Act 1994;
"amend" includes -
(a) omit matter; and
(b) insert or add matter; and
(c) omit matter and substitute other matter;
"approved qualification" means -
(a) a qualification for an accredited senior
secondary course determined under
section 26(3)(b); or
(b) a higher education award for an
accredited higher education course
determined under section 36(3);
"Australian Accounting Standards" means
Statements of Accounting Standards issued
jointly by the National Councils of the
Australian Society of Certified Practising
Accountants and the Institute of Chartered
Accountants in Australia or their successors;
8
2003 Tasmanian Qualifications Authority No. s. 3
"Australian Qualifications Framework" means
the policy of that name, defining all
qualifications recognised nationally in post-
compulsory education and training within
Australia, endorsed by the Ministerial Council
on Education, Employment, Training and
Youth Affairs so as to commence on
12 January 1995, as amended from time to
time;
"Australian Quality Training Framework"
means the policy of that name, that defines the
criteria and standards for the registration of
training organisations and the accreditation of
courses in the vocational education and
training sector, endorsed by the Ministerial
Council on Education, Employment, Training
and Youth Affairs on 8 June 2001, as amended
from time to time;
"Australian university" has the same meaning as
in the National Protocols for Higher Education
Approval Processes;
"authorised officer" means a person appointed
under section 19 to be an authorised officer;
"Authority" means the Tasmanian Qualifications
Authority established under section 7;
"chief executive officer" means the chief
executive officer of the Authority appointed
under section 16;
"child" means a person who is under 16 years of
age;
"committee" means a committee established under
section 20;
"course" means -
9
s. 3 No. Tasmanian Qualifications Authority 2003
(a) a course of study normally undertaken,
or intended to be undertaken, during the
final 2 years of secondary education,
being the years of secondary education
commonly known as years 11 and 12; or
(b) a course for the purposes of the
Vocational Education and Training Act
1994; or
(c) a higher education course -
which includes one or more subjects, syllabi or
programs of study or training leading to the
conferral or issue of a particular qualification;
"education" means the acquiring of knowledge,
skills and understanding through the
undertaking of courses;
"exempt university" means a university, other
self-accrediting higher education provider or
other person referred to in section 5;
"functions" includes duties;
"higher education" means education in relation to
which a higher education award may be issued
under the Australian Qualifications
Framework;
"higher education award" means -
(a) an award of a diploma or advanced
diploma; or
(b) an award of a graduate diploma or
graduate certificate; or
10
2003 Tasmanian Qualifications Authority No. s. 3
(c) an award of an associate degree,
bachelor degree, masters degree or
doctoral degree; or
(d) any other award specified in the
Australian Qualifications Framework as
a higher education award; or
(e) a prescribed award -
but does not include a qualification that is
awarded or issued in respect of vocational
education and training or by an exempt
university;
"higher education course" means a course of
study that entitles a person who satisfies the
course requirements to the conferral or issue
of a higher education award;
"justice of the peace" does not include a
magistrate;
"local registered training organisation" has the
same meaning as in the Vocational Education
and Training Act 1994;
"National Protocols for Higher Education
Approval Processes" means -
(a) the set of protocols governing higher
education quality assurance processes
agreed to by the States and Territories
at the Ministerial Council on Education,
Employment, Training and Youth
Affairs on 31 March 2000, as amended
from time to time; or
(b) any set of protocols agreed to in
substitution for the National Protocols
for Higher Education Approval
11
s. 3 No. Tasmanian Qualifications Authority 2003
Processes, as amended from time to
time;
"national standard" means a standard relating to
the provision of a course, the assessment of a
person undertaking a course or the conferral
or issue of a qualification in respect of a course
to be followed by Commonwealth, State and
Territory registering bodies and course
accrediting bodies under the Australian
Quality Training Framework or the National
Protocols for Higher Education Approval
Processes;
"overseas higher education institution" has the
same meaning as in the National Protocols for
Higher Education Approval Processes;
"qualification", in relation to a course, means the
recognition, by any means, that a person has
successfully completed the course;
"registered higher education provider" means a
person who is registered as a registered higher
education provider under section 43, while
that registration has effect;
"registered training organisation" has the same
meaning as in the Vocational Education and
Training Act 1994;
"registration certificate" means a registration
certificate issued under section 45;
"regulations" means regulations made and in force
under section 72;
"rules" means rules made and in force under
section 64;
12
2003 Tasmanian Qualifications Authority No. s. 4
"senior secondary course" means a course of
study that is normally undertaken, or
intended to be undertaken, during the final 2
years of secondary education, being the years
of secondary education commonly known as
years 11 and 12;
"senior secondary education" means education
that is normally undertaken during the final 2
years of secondary education, being the years
of secondary education commonly known as
years 11 and 12;
"Treasurer's Instructions" means instructions
issued under section 114 of the Government
Business Enterprises Act 1995 or section 23 of
the Financial Management and Audit Act
1990;
"vocational education and training" has the
same meaning as in the Vocational Education
and Training Act 1994.
(2) For the purposes of this Act -
(a) a person may provide a course in person, by
mail, by means of the internet, radio or
television or by any other means; and
(b) a person who provides a course to a student
who is present in Tasmania while undertaking
that course is taken to provide that course in
Tasmania.
Act binds Crown
4. (1) This Act binds the Crown in right of Tasmania and,
so far as the legislative power of Parliament permits, in all
its other capacities.
13
s. 5 No. Tasmanian Qualifications Authority 2003
(2) Nothing in this Act renders the Crown in right of
Tasmania liable to be prosecuted for an offence against
this Act.
Non-application of Act to certain providers of higher
education and to vocational education and training
providers
5. This Act does not apply in relation to -
(a) the University of Tasmania; or
(b) a university, or other self-accrediting higher
education provider, established, recognised or
registered under an Act of the Commonwealth,
this State, another State or a Territory; or
(c) a prescribed person.
Relationship with Vocational Education and
Training Act 1994
6. (1) Except as otherwise provided by the Vocational
Education and Training Act 1994 or this Act, this Act does
not apply in relation to -
(a) the accreditation of courses under the
Vocational Education and Training Act 1994
or accredited training courses; or
(b) the registration of providers of vocational
education and training under the Vocational
Education and Training Act 1994 or registered
training organisations.
(2) The Vocational Education and Training Act 1994
makes provision in relation to -
14
2003 Tasmanian Qualifications Authority No. s. 6
(a) the accreditation of courses in vocational
education and training or accredited training
courses; and
(b) the registration of providers of vocational
education and training and registered training
organisations.
15
s. 7 No. Tasmanian Qualifications Authority 2003
PART 2 - TASMANIAN QUALIFICATIONS
AUTHORITY
Division 1 - Tasmanian Qualifications Authority
Tasmanian Qualifications Authority
7. (1) The Tasmanian Qualifications Authority is
established.
(2) The Authority -
(a) is a body corporate with perpetual succession;
and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
(3) All courts and persons acting judicially must
take judicial notice of the imprint of the seal on a
document and presume that it was duly sealed by the
Authority.
Membership of Authority
8. (1) The Authority consists of 9 members appointed by
the Minister.
(2) Before appointing a member, the Minister is to
give notice in at least 3 daily newspapers published and
circulating in the State that persons interested in being
members may provide written expressions of interest to
the Minister.
(3) In appointing the members, the Minister is to
ensure that the members, collectively, have knowledge and
skills in the following areas:
16
2003 Tasmanian Qualifications Authority No. s. 8
(a) industry;
(b) directorship in corporations, finance or law;
(c) senior secondary teaching;
(d) vocational education and training;
(e) higher education;
(f) policy development and strategic planning.
(4) In appointing the members, the Minister is to
take into account -
(a) expressions of interest provided to the
Minister under subsection (2); and
(b) that it is desirable that the membership -
(i) is balanced in gender; and
(ii) contains persons from all regions of the
State; and
(iii) contains representatives of both
employees and employers; and
(iv) contains representatives from both
government schools and non-government
schools.
(5) The Minister may appoint a member as
chairperson of the Authority.
(6) Schedule 1 has effect with respect to the
membership of the Authority.
(7) Schedule 2 has effect with respect to the
meetings of the Authority.
17
s. 9 No. Tasmanian Qualifications Authority 2003
Objectives of Authority
9. The objectives of the Authority are to ensure that -
(a) relevant national standards and State
standards for senior secondary education,
vocational education and training and higher
education are monitored and met; and
(b) links between qualifications for senior
secondary education, vocational education and
training, higher education and other education
are developed or improved; and
(c) throughout a person's life as wide a range of
qualifications as practicable can be obtained
and recognised in senior secondary education,
vocational education and training, higher
education and other education.
Functions of Authority
10. The Authority has the following functions:
(a) to provide a consolidated statement of the
qualifications of a person at his or her request;
(b) to accredit courses for senior secondary
education and higher education;
(c) to register providers of higher education;
(d) to determine the manner of assessment for
obtaining a qualification in an accredited
course and to provide for or determine related
matters;
(e) to collect, record and distribute individual
student information relating to senior
18
2003 Tasmanian Qualifications Authority No. s. 11
secondary education, vocational education and
training and higher education;
(f) to provide advice to the Minister on matters
relating to qualifications;
(g) to provide system-level data to such State,
Territory and Commonwealth authorities as
the Authority considers appropriate;
(h) functions imposed on the Authority by -
(i) the Vocational Education and Training
Act 1994, including in particular the
accreditation of training courses and the
registration of training providers;
(ii) any other Act;
(i) other functions imposed on the Authority by
this Act;
(j) other functions imposed on the Authority by
the Minister by written notice provided to the
Authority.
Powers of Authority
11. The Authority has the following powers:
(a) authorising and directing the undertaking of
investigations, inspections, examinations and
reviews for the purposes of this Act;
(b) acquiring, holding, disposing of and otherwise
dealing with property;
(c) entering into contracts, including a contract
with another person for the performance or
19
s. 12 No. Tasmanian Qualifications Authority 2003
exercise of any of its functions or powers by or
jointly with that other person;
(d) setting charges, terms and conditions relating
to work done, or services, goods or information
supplied, by it;
(e) doing any other thing necessary or convenient
to be done in connection with the performance
or exercise of its functions and powers under
this or any other Act.
Delegation
12. The Authority may delegate any of its functions or
powers under this Act, the Vocational Education and
Training Act 1994 or any other Act, other than this power
of delegation.
Ministerial directions
13. (1) The Minister may give written directions to the
Authority in relation to the performance and exercise of its
functions and powers, including discretionary functions
and powers.
(2) The Authority is to comply with a direction given
under subsection (1).
(3) The annual report submitted under section 36 of
the State Service Act 2000 by the Head of Agency, within
the meaning of that Act, is to contain details of any
directions given under subsection (1) during the period to
which the report relates.
20
2003 Tasmanian Qualifications Authority No. s. 14
Independence of Authority
14. Except as otherwise provided by or under this or any
other Act, the Authority is not subject to the control or
directions of the Head of Agency within the meaning of the
State Service Act 2000 or the Department in respect of the
formation of any opinion, or the making of any decision,
that the Authority is required to form, or make, to perform
its functions.
Division 2 - Duties of members of Authority
Duties of members of Authority
15. A member of the Authority must act honestly, exercise
reasonable care and be diligent in the performance and
exercise of the functions and powers of a member.
Penalty: Fine not exceeding 50 penalty units.
Division 3 - Chief executive officer and other staff
Chief executive officer
16. (1) On the recommendation of the Minister, a person
other than a member of the Authority may be appointed as
chief executive officer of the Authority subject to and in
accordance with the State Service Act 2000.
(2) Before recommending a person for appointment
as chief executive officer, the Minister must consult with
the Authority in relation to the recommendation.
21
s. 17 No. Tasmanian Qualifications Authority 2003
Role, functions and powers of chief executive officer
17. (1) The chief executive officer is responsible to the
Authority for the general administration and management
of the Authority.
(2) The chief executive officer -
(a) must perform any functions, and may exercise
any powers, delegated to the chief executive
officer by the Authority; and
(b) must perform any other functions imposed on,
and may exercise any other powers granted to,
the chief executive officer by this or any other
Act.
(3) The chief executive officer may delegate any of
his or her functions or powers under this Act other than
this power of delegation.
Staff
18. Subject to and in accordance with the State Service Act
2000, persons may be appointed for the purposes of this
Act.
Authorised officers
19. (1) The Authority may appoint a person appointed
under section 18 to be an authorised officer.
(2) The Authority is to ensure that each authorised
officer has a current identity card that is issued by the
Authority and contains a recent photograph of the officer.
22
2003 Tasmanian Qualifications Authority No. s. 20
Division 4 - Committees
Committees
20. (1) The Authority may establish one or more
committees to advise and assist the Authority in the
performance and exercise of its functions and powers
under this Act, the Vocational Education and Training Act
1994 or any other Act.
(2) A committee consists of such persons as the
Authority appoints.
(3) A member of the Authority may be a member of a
committee.
(4) Subject to subsection (5), a member of a
committee is entitled to be paid such remuneration and
allowances as the Authority determines.
(5) A member of a committee who is a State Service
employee or State Service officer is not entitled to
remuneration under subsection (4) except with the
approval of the Minister administering the State Service
Act 2000.
(6) A member of a committee holds office on such
conditions in relation to matters not provided for by this
Act as are specified in the instrument of appointment.
(7) At any time, the Authority may abolish a
committee.
Procedure of committees
21. (1) A committee must keep accurate minutes of its
meetings.
23
s. 22 No. Tasmanian Qualifications Authority 2003
(2) Except as otherwise provided in this Act, a
committee may regulate its own proceedings.
Division 5 - Financial affairs
Authorised deposit-taking institution accounts
22. The Authority may open and maintain such
authorised deposit-taking institution accounts as it
considers necessary.
Accounting records
23. (1) The Authority is to -
(a) keep such accounting records as correctly
record and explain its transactions (including
any transactions as trustee) and financial
position; and
(b) keep those records in a manner that -
(i) allows true and fair accounts of the
Authority to be prepared from time to
time; and
(ii) allows its accounts to be conveniently
and properly audited or reviewed; and
(iii) subject to any contrary written direction
given by the Treasurer to the Authority
under subsection (2), complies with
Australian Accounting Standards; and
(iv) complies with any written directions
given by the Minister or Treasurer to the
Authority under subsection (2).
24
2003 Tasmanian Qualifications Authority No. s. 24
(2) The Treasurer or Minister may give written
directions to the Authority for the purposes of
subsection (1).
(3) A direction under subsection (2) may adopt,
either wholly or partly, with or without modification and
either specifically or by reference, any Treasurer's
Instructions, whenever issued.
Report to Minister
24. By 31 January each year, the Authority is to provide
to the Minister an annual report on its activities for the
year ending on the immediately preceding 31 December.
25
s. 25 No. Tasmanian Qualifications Authority 2003
PART 3 - SENIOR SECONDARY EDUCATION
Application for accreditation of senior secondary
course
25. (1) A person who provides, or proposes to provide, a
senior secondary course in Tasmania or elsewhere may
apply to the Authority for accreditation of that course.
(2) An application is to be -
(a) in a form approved by the Authority; and
(b) accompanied by any prescribed fee.
(3) The Authority may require the applicant to
provide any further information it considers relevant to
the application.
Accreditation of senior secondary course
26. (1) The Authority may accredit a senior secondary
course -
(a) at its own instigation; or
(b) on receipt of an application under section 25.
(2) The Authority may only accredit a senior
secondary course if satisfied -
(a) that each of the following matters is
adequately provided for and of sufficient
standard to allow the granting of a
qualification to a person successfully
completing the course:
(i) the aims and learning outcomes of the
course;
26
2003 Tasmanian Qualifications Authority No. s. 27
(ii) the scope of the studies involved in the
course;
(iii) the assessment processes used, or to be
used, to determine whether a student
has achieved the learning outcomes of
the course; and
(b) that the course and the methods of delivering
the course are likely to achieve the purposes,
aims and learning outcomes of the course; and
(c) that the contents and standards of the course,
and the methods of delivering the course, are
consistent with any relevant national
standards in relation to the principles, process
or other matters to be applied in accrediting
courses.
(3) When accrediting a senior secondary course, the
Authority may determine -
(a) that the course is an accredited course of a
particular class or level; and
(b) the qualification that will be conferred on the
successful completion of the course.
(4) If on considering an application under section 25
the Authority accredits, or refuses to accredit, a senior
secondary course, the Authority is to provide written
notice of that decision to the applicant.
Term of accreditation of accredited senior
secondary course
27. An accredited senior secondary course is accredited for
the period, not exceeding 5 years, determined by the
Authority.
27
s. 28 No. Tasmanian Qualifications Authority 2003
Renewal of accreditation as accredited senior
secondary course
28. (1) A person who applied for the accreditation of an
accredited senior secondary course may apply for the
renewal of the accreditation of that course not less than 6
calendar months before the accreditation ceases to have
effect.
(2) The Authority may renew the accreditation of an
accredited senior secondary course -
(a) at its own instigation; or
(b) on receipt of an application under
subsection (1).
(3) This Part applies in respect of -
(a) an application for renewal of the accreditation
of an accredited senior secondary course as if
the application were an application for a first
accreditation as an accredited senior
secondary course; and
(b) the renewal of an accredited senior secondary
course as if the renewal were a first
accreditation as an accredited senior
secondary course.
Cancellation of accreditation as accredited senior
secondary course
29. (1) The Authority may at any time cancel the
accreditation of an accredited senior secondary course if
the Authority is no longer satisfied of the matters specified
in section 26(2).
(2) A cancellation takes effect on the day specified in
it.
28
2003 Tasmanian Qualifications Authority No. s. 30
Offence of falsely claiming to provide accredited
course
30. A person who provides a course must not claim, or
otherwise represent in any manner, that it is an accredited
senior secondary course unless the course is an accredited
senior secondary course.
Penalty: Fine not exceeding 200 penalty units.
Assessment of accredited senior secondary courses
31. The Authority may determine procedures and
arrangements for the assessment of persons undertaking
accredited senior secondary courses.
Conferral or issue of approved qualification
32. Subject to section 33(4), the Authority, by written
statement or otherwise, is to recognise the successful
completion of an accredited senior secondary course by the
conferral or issue of the approved qualification for that
course.
Standards for provision and assessment of
accredited senior secondary courses
33. (1) The Authority may set or adopt standards for the
provision and assessment of accredited senior secondary
courses.
(2) For the purpose of ensuring that the provision
and assessment of an accredited senior secondary course
meets standards set under subsection (1), the Authority
may give to a person providing or proposing to provide that
29
s. 33 No. Tasmanian Qualifications Authority 2003
course a written direction to do anything the Authority
considers appropriate.
(3) A person must comply with a direction given
under subsection (2).
(4) If an accredited senior secondary course provided
by any person fails to meet standards set or adopted for
the provision or assessment of that course, the Authority
may refuse to confer or issue an approved qualification to a
student completing that course.
30
2003 Tasmanian Qualifications Authority No. s. 34
PART 4 - HIGHER EDUCATION
Division 1 - Preliminary
When person may provide higher education course
or higher education award
34. (1) A person may provide a higher education course
if -
(a) the course is an accredited higher education
course; and
(b) the person is a registered higher education
provider.
(2) A person may confer or issue a higher education
award if -
(a) the course for which the award is to be
conferred or issued is an accredited higher
education course; and
(b) the award is an approved qualification; and
(c) the person conferring the award is a registered
higher education provider.
Division 2 - Accreditation of higher education
courses
Application for accreditation of course
35. (1) A person who proposes to provide a higher
education course in Tasmania or elsewhere may apply to
the Authority for accreditation of that course.
(2) An application is to be -
31
s. 36 No. Tasmanian Qualifications Authority 2003
(a) in a form approved by the Authority; and
(b) accompanied by any prescribed fee.
(3) The Authority may require the applicant to
provide any further information it considers relevant to
the application.
Accreditation of higher education course
36. (1) On receipt of an application under section 35, the
Authority may -
(a) accredit the higher education course; or
(b) refuse to accredit the higher education course.
(2) In determining whether to accredit a higher
education course, the Authority may have regard to -
(a) any relevant national standards in relation to
the principles, process or other matters to be
applied in accrediting higher education
courses; and
(b) whether each of the following matters is
adequately provided for and of sufficient
standard to allow the granting of a higher
education award to a person successfully
completing the course:
(i) the aims and learning outcomes of the
course;
(ii) the scope of the studies involved in the
course;
(iii) the assessment processes to be used to
determine whether a student has
32
2003 Tasmanian Qualifications Authority No. s. 37
achieved the learning outcomes of the
course; and
(c) whether the contents and standards of the
course, and the methods of delivering the
course, are consistent with any relevant
national standards in relation to the
principles, process or other matters to be
applied in accrediting courses; and
(d) the views of relevant industrial or professional
bodies submitted to the Authority; and
(e) any other matter the Authority considers
relevant.
(3) On accrediting a higher education course, the
Authority is to determine the higher education award that
will be conferred on the successful completion of the
course.
(4) The Authority is to provide written notice of
whether it has accredited or refused to accredit a higher
education course to the applicant.
Term of accreditation of accredited higher
education course
37. An accredited higher education course is accredited for
the period, not exceeding 5 years, determined by the
Authority.
Accredited higher education course subject to
conditions
38. (1) The accreditation of a higher education course is
subject to any condition determined by the Authority and
notified in writing to the provider of the course.
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s. 39 No. Tasmanian Qualifications Authority 2003
(2) The Authority may at any time impose a
condition on the accreditation of a higher education course
or amend the conditions to which an accredited higher
education course is subject by notifying the provider of the
course in writing.
Renewal of accreditation as accredited higher
education course
39. (1) A person who applied for the accreditation of an
accredited higher education course may apply for the
renewal of the accreditation of that course not less than 6
calendar months before the accreditation ceases to have
effect.
(2) This Part applies in respect of an application for
renewal of the accreditation of an accredited higher
education course, and that renewal, as if the application
were an application for a first accreditation as an
accredited higher education course.
Cancellation of accreditation as accredited higher
education course
40. (1) The Authority, at any time by written notice
provided to the registered higher education provider
providing an accredited higher education course, may
cancel the accreditation of the accredited higher education
course if the Authority is satisfied that it is no longer
appropriate for the course to be accredited.
(2) A cancellation takes effect on the day specified in
it.
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2003 Tasmanian Qualifications Authority No. s. 41
Offences relating to provision of higher education
course
41. A person must not provide a higher education course,
or confer or issue a higher education award in respect of a
higher education course, unless the course is an accredited
higher education course.
Penalty: Fine not exceeding 200 penalty units.
Division 3 - Registration of higher education
providers
Application for registration
42. (1) A person who proposes to provide, in Tasmania or
elsewhere, an accredited higher education course may
apply to the Authority for registration as a registered
higher education provider.
(2) An application is to be -
(a) in a form approved by the Authority; and
(b) made not less than 9 calendar months before
the accredited higher education course that
the person is proposing to provide is due to
commence; and
(c) accompanied by any prescribed fee.
(3) The Authority may require the applicant to
provide any further information it considers relevant to
the application.
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s. 43 No. Tasmanian Qualifications Authority 2003
Registration as registered higher education
provider
43. (1) On receipt of an application under section 42, the
Authority may -
(a) register a person as a registered higher
education provider for a period not exceeding 5
years; or
(b) refuse to so register the person.
(2) In determining whether or not to register a
person, the Authority may have regard to -
(a) any national standards relating to the
recognition of providers of higher education
courses; and
(b) the processes proposed to be provided by the
applicant in respect of quality assurance; and
(c) the delivery and assessment methods proposed
to be used in respect of the accredited higher
education course to be provided by the
applicant; and
(d) the premises, equipment, materials, staff and
resources proposed to be used in respect of the
accredited higher education course to be
provided by the applicant; and
(e) the applicant's compliance with, or ability to
comply with, the rules; and
(f) the financial viability of the applicant; and
(g) any other matter the Authority considers
relevant.
(3) On refusing to register a person, the Authority is
to notify the applicant in writing of that decision.
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2003 Tasmanian Qualifications Authority No. s. 44
Registration subject to conditions
44. (1) On registering a person as a registered higher
education provider and at any other time, the Authority
may -
(a) impose conditions to which the registration as
a registered higher education provider is
subject; and
(b) amend any such conditions.
(2) A condition imposed under this section, or the
amendment under this section of such a condition, takes
effect on the day on which the registered higher education
provider receives written notice of the condition, or
amendment, or on a later day specified in that notice.
Registration certificate
45. (1) On registering a higher education provider, the
Authority is to issue a registration certificate to the
registered higher education provider.
(2) A registration certificate is to specify -
(a) which accredited higher education courses, or
the classes of accredited higher education
courses, the registered higher education
provider is authorised to provide; and
(b) which higher education awards the registered
higher education provider is authorised to
confer or issue; and
(c) any conditions imposed in respect of the
registration under section 44; and
(d) the period for which the higher education
provider is registered.
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s. 46 No. Tasmanian Qualifications Authority 2003
(3) If the Authority under section 44 imposes
conditions on the registration of a registered higher
education provider otherwise than on the grant of that
registration, or amends any such conditions, the Authority
is to amend the registration certificate or issue a
replacement registration certificate.
(4) Conditions to which the registration of a
registered higher education provider is subject may be
specified in a registration certificate by -
(a) specifying those conditions in or on the
certificate; or
(b) attaching those conditions to the certificate; or
(c) providing to the registered higher education
provider a written notice containing those
conditions.
Term of registration
46. (1) The registration of a registered higher education
provider has effect for the period not exceeding 5 years
specified in the registration certificate unless sooner
cancelled.
(2) Registration of a person as a registered higher
education provider takes effect on the day the registration
certificate is issued or on a later day specified in the
registration certificate.
Registration fee
47. A registered higher education provider must pay any
prescribed registration fee.
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2003 Tasmanian Qualifications Authority No. s. 48
Amendment of registration
48. (1) On the request of a registered higher education
provider or at its own discretion, the Authority may amend
the registration of a registered higher education provider.
(2) If the Authority amends a registration under
subsection (1), the Authority is to -
(a) notify the registered higher education provider
of that amendment; and
(b) either endorse that amendment on the
registration certificate or provide the
registered higher education provider with a
replacement registration certificate.
(3) The amendment of the registration of a
registered higher education provider takes effect on the
day specified in the notice provided to that provider under
subsection (2)(a).
Renewal of registration
49. (1) A registered higher education provider may apply
for the renewal of the registration not less than 6 calendar
months before the registration ceases to have effect.
(2) This Division applies in respect of an application
for renewal of registration as a registered higher education
provider, and that renewal, as if the application were an
application for a first registration as a registered higher
education provider.
(3) A registered higher education provider must
comply with the written requirement of the Authority that
the registration certificate be surrendered to the Authority
for the purpose of amending it or replacing it as the
39
s. 50 No. Tasmanian Qualifications Authority 2003
Authority determines appropriate on the renewal of the
registration.
Registration not transferable
50. The registration of a person as a registered higher
education provider may not be transferred to any other
person.
Direction to registered higher education provider
51. (1) The Authority may direct a registered higher
education provider to take any action the Authority
considers appropriate or refrain from doing any act if the
Authority is of the opinion that -
(a) the registered higher education provider has
contravened this Act; or
(b) the registered higher education provider has
contravened a condition to which the
registration is subject; or
(c) it is appropriate to give the direction having
taken into account the matters specified in
section 43(2); or
(d) the standards relating to the provision and
assessment of an accredited higher education
course by the registered higher education
provider fail to meet any relevant national
standards or the standards proposed by that
provider in his, her or its application for
accreditation of the course.
(2) A direction is to be in writing provided to the
registered higher education provider.
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2003 Tasmanian Qualifications Authority No. s. 52
(3) A registered higher education provider must
comply with a direction provided under this section.
Cancellation or suspension of registration
52. (1) The Authority may cancel or suspend the
registration of a registered higher education provider if,
after allowing the registered higher education provider an
opportunity to make submissions in respect of the matter,
the Authority is satisfied that -
(a) the registered higher education provider has
contravened this Act; or
(b) the registered higher education provider has
contravened a condition to which the
registration is subject; or
(c) it is appropriate to so cancel or suspend the
registration having taken into account the
matters specified in section 43(2); or
(d) the registered higher education provider has
not complied with a direction under section 51
within the time specified in the direction.
(2) The Authority is to cancel the registration of a
registered higher education provider if the provider has
surrendered the registration certificate and requested that
the registration be cancelled.
Offences relating to registration as higher education
provider
53. (1) A person who is not a registered higher education
provider must not claim, or otherwise represent in any
manner, that he, she or it is a registered higher education
provider.
41
s. 54 No. Tasmanian Qualifications Authority 2003
Penalty: Fine not exceeding 200 penalty units.
(2) A person who is not a registered higher
education provider, or who is not acting for a registered
higher education provider, must not -
(a) confer or issue a higher education award; or
(b) claim, or otherwise represent in any manner,
that he, she or it is authorised or able to confer
or issue a higher education award; or
(c) provide or offer to provide, or claim or
otherwise represent in any manner that he,
she or it is authorised or able to provide, a
course the successful completion of which
leads to the conferral or issue of a higher
education award by the registered higher
education provider.
Penalty: Fine not exceeding 200 penalty units.
(3) A person must not claim, or otherwise represent
in any manner, that he, she or it is authorised or able to
provide a course of study the successful completion of
which leads to the conferral or issue of a higher education
award by another person knowing that the other person is
not lawfully able to confer or issue that higher education
award.
Penalty: Fine not exceeding 200 penalty units.
Offences relating to use of "university", &c.
54. (1) In this section, "overseas university" means a
provider of higher education that -
(a) was originally established in a country other
than Australia; and
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2003 Tasmanian Qualifications Authority No. s. 55
(b) is established, recognised or accredited as a
university by the appropriate authority of that
country; and
(c) is declared by the Authority to be an overseas
university for the purposes of this definition.
(2) A person who provides education must not use
the word "university" or "universities" in its title or
description, or in any other way represent that the person
is a university or part of a university, unless the person
is -
(a) an Australian university or part of an
Australian university; or
(b) an overseas university or part of an overseas
university; or
(c) the organisation known as "U3A" or the
University of the Third Age; or
(d) a prescribed person.
Penalty: Fine not exceeding 200 penalty units.
Conferral or issue of approved qualification
55. If a person successfully completes an accredited higher
education course provided by a registered higher education
provider, that provider, by written statement or otherwise,
must recognise that completion by the conferral or issue of
the approved qualification for that course.
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s. 56 No. Tasmanian Qualifications Authority 2003
PART 5 - INVESTIGATIONS AND INSPECTIONS
Investigations
56. (1) The Authority may conduct an investigation -
(a) to determine whether or not -
(i) a course should be accredited, or the
accreditation of that course renewed,
under section 26 or 36 or under section
32U of the Vocational Education and
Training Act 1994; or
(ii) the accreditation of an accredited senior
secondary course, accredited higher
education course or accredited training
program should be cancelled under
section 29 or 40 or section 32ZA of the
Vocational Education and Training Act
1994; or
(b) to determine -
(i) under section 43, an application by a
person to be registered as a registered
higher education provider or for the
renewal of such registration; or
(ii) under section 31 of the Vocational
Education and Training Act 1994, an
application by a person to be registered
as a registered training organisation or
for the renewal of such registration; or
(c) to determine whether or not -
(i) conditions should be imposed on the
accreditation of a higher education
course, the registration of a registered
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2003 Tasmanian Qualifications Authority No. s. 56
higher education provider or the
registration of a registered training
organisation; or
(ii) any conditions so imposed should be
amended; or
(d) to determine whether or not to amend the
registration of a registered higher education
provider or a registered training organisation;
or
(e) to determine whether or not a registered
higher education provider or registered
training organisation is complying with -
(i) any conditions to which the registration
is subject; or
(ii) any conditions to which an accredited
higher education course provided by the
registered higher education provider is
subject; or
(f) to monitor the standard of any accredited
senior secondary course, accredited higher
education course or accredited training course
being provided by any person; or
(g) to monitor the appropriateness of -
(i) any approved qualification conferred or
issued, or proposed to be conferred or
issued, in respect of an accredited senior
secondary course or accredited higher
education course; or
(ii) any qualification conferred or issued, or
proposed to be conferred or issued, in
respect of an accredited training course;
or
45
s. 57 No. Tasmanian Qualifications Authority 2003
(h) to determine whether this Act, or those
provisions of the Vocational Education and
Training Act 1994 that apply with respect to
accredited training courses and registered
training organisations, are being contravened;
or
(i) for any prescribed purpose.
(2) In an investigation, the Authority may make
such inquiries, and may carry out such inspections, as it
considers appropriate.
(3) The Authority, by written notice provided to a
registered higher education provider or a registered
training organisation, may require the accredited higher
education provider or registered training organisation to
pay a fee in respect of an investigation under this section,
other than an investigation relating to -
(a) an application for registration as a registered
higher education provider or for the renewal of
that registration; or
(b) an application for registration as a registered
training organisation or for the renewal of that
registration.
(4) A fee under subsection (3) must not exceed the
reasonable costs of conducting the investigation.
(5) A registered higher education provider or
registered training organisation must pay any fee it is
required to pay under subsection (3).
Inspections
57. (1) If the Authority is carrying out an investigation
referred to in section 56, an authorised officer may do any
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2003 Tasmanian Qualifications Authority No. s. 57
or all of the following for the purposes of that investigation
subject to any written direction of the Authority:
(a) at any reasonable time, enter any place which
the authorised officer knows or reasonably
believes is used, or is to be used, by a person in
relation to -
(i) the provision of an accredited senior
secondary course or higher education
course, or an accredited training course
provided by a local registered training
organisation; or
(ii) the conferral or issue of an approved
qualification or a qualification in respect
of an accredited training course provided
by a local registered training
organisation;
(b) in any place lawfully entered, search for,
examine, take possession of, make copies of or
take extracts from any documents relating or
relevant to -
(i) the provision of accredited senior
secondary courses, accredited higher
education courses, accredited training
courses and other higher education
courses; or
(ii) the conferral or issue of approved
qualifications or qualifications in respect
of accredited training courses; or
(iii) an application under this Act or Part 5
or 5A of the Vocational Education and
Training Act 1994; or
(iv) a contravention of this Act or those
provisions of the Vocational Education
47
s. 57 No. Tasmanian Qualifications Authority 2003
and Training Act 1994 that relate to
accredited training courses or registered
training organisations;
(c) in any place lawfully entered, require any
person who is in charge of or employed in that
place to open any container or answer any
question.
(2) An authorised officer is to produce his or her
identity card for inspection -
(a) by a person apparently in charge of a place
referred to in subsection (1)(a) before
exercising a power under this section in
respect of that place; and
(b) by a person in a place in which the officer is
exercising powers under subsection (1) if the
person requests it.
(3) In the exercise of powers under this section, an
authorised officer may be accompanied and assisted by
such assistants as he or she considers appropriate.
(4) An authorised officer who has not obtained a
warrant under subsection (7) must not forcibly enter any
place referred to in subsection (1).
Penalty: Fine not exceeding 20 penalty units.
(5) An authorised officer is not entitled to use force
to enter a place referred to in subsection (1)(a) unless a
warrant has been issued under subsection (7) authorising
an authorised officer to enter that place.
Penalty: Fine not exceeding 20 penalty units.
(6) An authorised officer who does not have the
authority of a warrant under subsection (7) or does not
have the permission of the occupier to enter any premises
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2003 Tasmanian Qualifications Authority No. s. 58
which are, or any part of premises which is, used as a
dwelling must not enter those premises or that part of
premises.
Penalty: Fine not exceeding 20 penalty units.
(7) If a justice of the peace is satisfied by the
evidence on oath of an authorised officer that there is
reasonable cause to permit entry to any place referred to
in subsection (1) for a purpose specified in section 56(1),
the justice may issue a warrant authorising an authorised
officer to enter the place specified in the warrant for the
purpose of exercising in that place the powers conferred on
the authorised officer by this Act.
(8) A warrant issued under this section is sufficient
authority, for a period of one month from its issue -
(a) to an authorised officer, and to all persons
acting in aid of the authorised officer, to enter
the place specified in the warrant using such
force as is necessary; and
(b) to an authorised officer to exercise in respect of
the place specified in the warrant all the
powers conferred on an authorised officer by
this Act.
Documents
58. (1) If the Authority or an authorised officer has reason
to believe that a person has possession of any information
or document which is relevant to an investigation under
this Act, the Authority or authorised officer may require
that person to provide the information or document, or a
copy of the document, as specified in the requirement.
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s. 59 No. Tasmanian Qualifications Authority 2003
(2) If an authorised officer has taken possession of a
document for the purposes of this Act, the Authority has
taken possession of that document.
(3) If the Authority has taken possession of a
document for the purposes of this Act, the Authority may
retain the document for so long as is necessary for those
purposes.
(4) A person otherwise entitled to possession of a
document retained by the Authority under this Act is
entitled to be provided at his or her request with a copy of
that document certified by the chief executive officer to be
a true copy.
(5) A certified copy of a document referred to in
subsection (4) is to be received in all courts and elsewhere
as if it were the original document.
Use of document or information obtained
59. If a document or information is obtained by the
Authority or an authorised officer under this Part,
evidence of that document or information or the obtaining
of that document or information is not admissible against
any person in any civil or criminal proceedings other than
proceedings against that person for an offence under this
Act.
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2003 Tasmanian Qualifications Authority No. s. 60
PART 6 - REVIEW OF DECISIONS
Review of decisions
60. A person aggrieved by any of the following decisions of
the Authority may apply to the Magistrates Court
(Administrative Appeals Division) for a review of that
decision:
(a) a refusal under section 26 to accredit a course
as an accredited senior secondary course or to
renew the accreditation of such a course;
(b) a refusal under section 36 to accredit a course
as an accredited higher education course or to
renew the accreditation of such a course;
(c) a refusal under section 32U of the Vocational
Education and Training Act 1994 to accredit a
course as an accredited training course or to
renew the accreditation of such a course;
(d) a refusal under section 43 to register a person
as a registered higher education provider or to
new the registration of a registered higher
education provider;
(e) a refusal under section 31 of the Vocational
Education and Training Act 1994 to register a
person as a registered training organisation or
to new the registration of a registered training
organisation;
(f) the cancellation or suspension under
section 52 of the registration of a registered
higher education provider;
(g) the cancellation or suspension under section
32F of the Vocational Education and Training
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s. 60 No. Tasmanian Qualifications Authority 2003
Act 1994 of the registration of a registered
training organisation;
(h) a decision of the Authority under this Act, the
Vocational Education and Training Act 1994
or any other Act that is prescribed by the
regulations to be a decision which may be
reviewed.
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2003 Tasmanian Qualifications Authority No. s. 61
PART 7 - REGISTERS
Registers
61. (1) The Authority must establish and maintain one or
more registers as it considers appropriate to record details
in respect of the following matters:
(a) accredited senior secondary courses and
accredited higher education courses and the
approved qualifications for those courses;
(b) registered higher education providers;
(c) any other matter the Authority considers
appropriate.
(2) In establishing and maintaining a register under
this Part, the Authority is to comply, where appropriate,
with -
(a) the National Training Information Service, for
vocational education and training, kept under
the Australian Quality Training Framework
by the Australian National Training Authority
or any other service kept under the Australian
Quality Training Framework in substitution
for that National Training Information
Service; and
(b) the National Protocols for Higher Education
Approval Processes.
Manner of keeping registers
62. (1) The Authority may establish and maintain a
register under this Part in any form it considers
appropriate.
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s. 63 No. Tasmanian Qualifications Authority 2003
(2) The Authority may combine any register
established and maintained under this Part with any other
such register.
Access to registers
63. (1) The Authority is to make a register established
and maintained under this Part available for inspection by
any person during office hours at the office of the
Authority.
(2) On payment of any prescribed fee, a person may
obtain a copy of, or extract from, a register established and
maintained under this Part.
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2003 Tasmanian Qualifications Authority No. s. 64
PART 8 - RULES
Rules
64. (1) The Authority may make rules for the purposes of
the performance and exercise of its functions and powers.
(2) Without limiting the generality of subsection (1),
the rules may make provision in relation to -
(a) the assessment procedures for an accredited
senior secondary course, accredited higher
education course, accredited training course or
other course of study; and
(b) the eligibility of a person to take assessment in
an accredited senior secondary course,
accredited higher education course, accredited
training course or other course of study; and
(c) the conduct of a person during an assessment
in an accredited senior secondary course,
accredited higher education course, accredited
training course or other course of study; and
(d) the conferral or issue of an approved
qualification or a qualification for an
accredited training course; and
(e) any matter relating to the functions and
powers of the Authority under the Vocational
Education and Training Act 1994 or any other
Act; and
(f) the action to be taken if a person contravenes
a rule; and
(g) the review of decisions of the Authority or any
other person made under the rules.
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s. 64 No. Tasmanian Qualifications Authority 2003
(3) The rules may be made so as to apply differently
according to such factors as are specified in the rules.
(4) The rules may not provide that a contravention
of the rules is an offence.
(5) The rules may authorise any matter to be from
time to time determined, applied or regulated by the
Authority or chief executive officer.
(6) The Authority -
(a) is to make the rules available for inspection by
any person during its normal business hours;
and
(b) on the request of any person and payment of
any prescribed fee, is to provide a copy of the
rules or a part of rules to the person.
(7) The rules -
(a) are not a statutory rule for the purposes of the
Rules Publication Act 1953; and
(b) are not subject to section 47(3)(c) or (11) of the
Acts Interpretation Act 1931; and
(c) may not be declared under section 3(2) of the
Subordinate Legislation Act 1992 to be
subordinate legislation for the purposes of that
Act.
(8) A court or person acting judicially must -
(a) take judicial notice of the rules, as amended
from time to time; and
(b) admit as evidence a copy of the rules, as
amended from time to time, if the copy is
certified as a true copy by the chief executive
officer.
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2003 Tasmanian Qualifications Authority No. s. 65
PART 9 - MISCELLANEOUS
Offences relating to exercise of powers by Authority
or authorised officer
65. (1) A person must not -
(a) assault, resist, impede or obstruct an
authorised officer exercising powers under this
Act or attempt to do so; or
(b) use threatening, abusive or insulting language
to an authorised officer exercising powers
under this Act; or
(c) fail to open a container when required to do so
under this Act by an authorised officer; or
(d) fail to answer a question or to provide a
document or other information when required
to do so under this Act by the Authority or an
authorised officer; or
(e) provide a document or other information that
is false or misleading in a material particular
to the Authority or an authorised officer; or
(f) impersonate an authorised officer.
Penalty: Fine not exceeding 50 penalty units.
(2) If a person is convicted of an offence under
subsection (1)(c), the court may order the person to open
the container which was the subject of the offence in the
presence of, and for the inspection of, an authorised officer.
(3) If a person is convicted of an offence under
subsection (1)(d) or (e), the court may order the person to
provide the document or information which was the
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s. 66 No. Tasmanian Qualifications Authority 2003
subject of the offence to the Authority or an authorised
officer.
Offences by body corporate and director, &c.
66. (1) If a body corporate commits an offence against this
Act, a director or other person concerned in the
management of the body corporate is taken to have
committed that offence also.
(2) It is a defence in proceedings under
subsection (1) for the director or person to show that -
(a) the body corporate contravened the provision
without the knowledge of the director or
person; or
(b) the director or person was not in a position to
influence the conduct of the body corporate in
relation to its contravention of the provision;
or
(c) the director or person, if in that position, used
all due diligence to prevent the contravention
by the body corporate.
(3) A director or person may be proceeded against
and convicted in relation to an offence against this Act by
reason of this section whether or not the body corporate
has been proceeded against or convicted.
Land Acquisition Act 1993 does not apply
67. The Authority is not a public authority for the
purposes of the Land Acquisition Act 1993.
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2003 Tasmanian Qualifications Authority No. s. 68
Judicial notice of certain signatures
68. All courts and persons acting judicially must take
judicial notice of -
(a) the official signature of a person who is or has
been the chairperson of the Authority, a
member of the Authority or the chief executive
officer; and
(b) the fact that the person holds or has held the
office concerned.
Presumptions
69. In any proceedings by or against the Authority, unless
evidence is given to the contrary, proof is not required of -
(a) the constitution of the Authority; or
(b) any resolution of the Authority; or
(c) the appointment of any member of the
Authority; or
(d) the presence of a quorum at any meeting of the
Authority; or
(e) the appointment of the chief executive officer,
a member of a committee or an authorised
officer.
Evidentiary matters
70. (1) In any proceedings under this Act, a certificate
signed or purporting to be signed by the chief executive
officer and relating to one or more of the following matters
is evidence of the matters specified in it:
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s. 71 No. Tasmanian Qualifications Authority 2003
(a) whether or not a course was an accredited
senior secondary course or accredited higher
education course at the specified time;
(b) whether or not a person was a registered
higher education provider at the specified
time;
(c) whether or not a person was authorised or able
under this Act to confer or issue an approved
qualification at the specified time;
(d) whether or not the registration of a person as
a registered higher education provider was
subject to a specified condition at the specified
time;
(e) whether or not a qualification was an
approved qualification at the specified time.
(2) In subsection (1), "specified" means specified in
the certificate referred to in that subsection.
Service of documents
71. (1) A document may be served on or provided to the
Authority by -
(a) leaving it at, or sending it by post to, the
address of the Authority; or
(b) faxing it or emailing it to the Authority's fax
number or email address.
(2) The Authority may serve on or provide to a
person a document required to be provided or given under
this Act -
(a) in the case of a natural person, by -
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2003 Tasmanian Qualifications Authority No. s. 72
(i) giving it to the person; or
(ii) leaving it at, or sending it by post to, the
person's postal or residential address, or
place or address of business or
employment, last known to the
Authority; or
(iii) faxing it to the person's fax number; or
(iv) emailing it to the person's email address;
and
(b) in the case of any other person, by -
(i) leaving it at, or sending it by post to, the
person's principal or registered office or
principal place of business; or
(ii) faxing it to the person's fax number; or
(iii) emailing it to the person's email address.
Regulations
72. (1) The Governor may make regulations -
(a) for the purposes of this Act; and
(b) in relation to the performance and exercise of
the functions and powers of the Authority
under the Vocational Education and Training
Act 1994 or any other Act.
(2) Without limiting the generality of subsection (1),
the regulations may provide for fees payable under this
Act.
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(3) Regulations may be made so as to apply
differently according to such factors as are specified in the
regulations.
(4) The regulations may -
(a) provide that a contravention of, or a failure to
comply with, any of the regulations is an
offence; and
(b) in respect of such an offence, provide for the
imposition of a fine not exceeding 50 penalty
units and, in the case of a continuing offence, a
further fine not exceeding 10 penalty units for
each day during which the offence continues.
(5) The regulations may authorise any matter to be
from time to time determined, applied or regulated by the
Authority or chief executive officer.
(6) The regulations may contain provisions of a
savings or transitional nature consequent on any of the
following:
(a) the enactment of this Act;
(b) the amendments to the Education Act 1994
effected by this Act;
(c) the amendments to the Vocational Education
and Training Act 1994 effected by the
Vocational Education and Training
Amendment Act 2003;
(d) the repeal of the Universities Registration Act
1995;
(e) the amendment of this Act.
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(7) A provision referred to in subsection (6)(a), (b),
(c) or (d) may take effect on and from the day on which this
Act commences or a later day.
(8) A provision referred to in subsection (6)(e) may
take effect on and from the day on which the amendment
to this Act takes effect or a later day.
Savings and transitional provisions
73. The savings and transitional provisions set out in
Schedule 3 have effect.
Administration of Act
74. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990 -
(a) the administration of this Act is assigned to
the Minister for Education; and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Education.
Consequential amendments
75. The legislation specified in Schedule 4 is amended as
specified in that Schedule.
Acts repealed
76. The Acts specified in Schedule 5 are repealed.
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Statutory Rules rescinded
77. The Statutory Rules specified in Schedule 6 are
rescinded.
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2003 Tasmanian Qualifications Authority No. sch. 1
SCHEDULE 1 - MEMBERSHIP OF AUTHORITY
Section 8(6)
Interpretation
1. In this Schedule, "member" means a member of the
Authority.
Term of office
2. A member is appointed for such period, not exceeding 3
years, as is specified in the member's instrument of
appointment and, if eligible, may be reappointed.
Holding other office
3. The holder of an office who is required under the terms
of his or her appointment to devote the whole of his or her
time to the duties of that office is not disqualified from -
(a) holding that office and also the office of a
member; or
(b) accepting any remuneration payable to a
member.
State Service Act 2000
4. (1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a member.
(2) A person may hold the office of member in
conjunction with State Service employment.
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Remuneration and conditions of appointment
5. (1) A member is entitled to be paid such remuneration
and allowances as the Minister determines.
(2) A member who is a State Service employee or
State Service officer is not entitled to remuneration or
allowances under this clause except with the approval of
the Minister administering the State Service Act 2000.
(3) A member holds office on such conditions in
relation to matters not provided for by this Act as are
specified in the instrument of appointment.
Vacation of office
6. (1) A member vacates office if he or she -
(a) dies; or
(b) resigns by written notice given to the Minister;
or
(c) is removed from office under subclause (2) or
(3).
(2) The Minister may remove a member from office if
the member -
(a) is absent from 3 consecutive meetings of the
Authority without the permission of the other
members of the Authority; or
(b) becomes bankrupt, applies to take the benefit
of any law for the relief of bankrupt or
insolvent debtors, compounds with the
member's creditors or makes an assignment of
the member's remuneration or estate for their
benefit; or
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2003 Tasmanian Qualifications Authority No. sch. 1
(c) is convicted, in Tasmania or elsewhere, of a
crime or an offence punishable by
imprisonment for a term of 12 months or
longer; or
(d) is convicted of an offence under this Act; or
(e) fails to disclose a pecuniary interest as
required under clause 8 of Schedule 2; or
(f) has had his or her registration as a registered
training organisation or registered higher
education provider suspended or cancelled, or
was a member of the governing body of a
registered training organisation or registered
higher education provider that has had its
registration suspended or cancelled.
(3) The Minister may remove a member from office if
satisfied that the member is unable to perform adequately
or competently the duties of office.
(4) A member must not be removed from office
otherwise than in accordance with this clause.
Filling of vacancies
7. If the office of a member becomes vacant, the Minister
may appoint a person to the vacant office for the
remainder of that member's term of office.
Acting members
8. (1) In this clause, a member is absent if he or she -
(a) is absent from duty; or
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(b) is otherwise unable to perform the functions of
the office of a member.
(2) If a member is absent, the Minister may appoint
a person to act as a member.
(3) A person appointed to act as a member is taken
to be a member.
(4) The appointment of a person to act as a member
in the absence of a member ends when the absent member
resumes his or her duties as member.
Validation of proceedings, &c.
9. (1) An act or proceeding of the Authority or of a person
acting under any direction of the Authority is not
invalidated by reason only that at the time when the act or
proceeding was done, taken or commenced there was a
vacancy in the office of a member.
(2) All acts and proceedings of the Authority or of a
person acting under a direction of the Authority are,
despite the subsequent discovery of a defect in the
appointment of a member or that any other person was
disqualified from acting as, or incapable of being, a
member, as valid as if the member had been duly
appointed and was qualified to act as, or capable of being,
a member, and as if the Authority had been fully
constituted.
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2003 Tasmanian Qualifications Authority No. sch. 2
SCHEDULE 2 - MEETINGS OF AUTHORITY
Section 8(7)
Interpretation
1. In this Schedule -
"chairperson" means the chairperson of the
Authority;
"member" means a member of the Authority.
Convening of meetings
2. (1) The chairperson, after giving each member
reasonable notice of a meeting -
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested to do
so by 2 or more other members.
(2) If the chairperson is absent from duty or
otherwise unable to perform the duties of the office, a
meeting may be convened, after reasonable notice of the
meeting has been given of the meeting, by -
(a) two or more other members; or
(b) a person authorised by the Authority to do so.
(3) For the purposes of subclauses (1) and (2), what
constitutes reasonable notice is to be determined by the
Authority.
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Presiding at meetings
3. (1) The chairperson is to preside at all meetings of the
Authority at which he or she is present.
(2) If the chairperson is not present at a meeting of
the Authority, a member elected by the members present
at the meeting is to preside.
Quorum and voting at meetings
4. (1) At a meeting of the Authority, a quorum is
constituted by a majority of the total number of members
appointed.
(2) A meeting of the Authority at which a quorum is
present is competent to transact any business of the
Authority.
(3) At a meeting of the Authority -
(a) the member presiding has a deliberative vote
only; and
(b) a question is decided -
(i) by a majority of votes of the members
present and voting; or
(ii) in the negative if there is an equality of
votes of the members present and
voting.
(4) At a meeting of the Authority where a member is
excluded from being present and taking part in the
consideration and decision of the Authority in relation to
the matter, a quorum for the purposes of considering and
making a decision in relation to that matter is constituted
by the number of members specified as constituting a
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2003 Tasmanian Qualifications Authority No. sch. 2
quorum in subclause (1) less the number of members so
excluded.
Conduct of meetings
5. (1) Subject to this Act, the Authority may regulate the
calling of, and the conduct of business at, its meetings as it
considers appropriate.
(2) The Authority may permit members to
participate in a particular meeting or all meetings by -
(a) telephone; or
(b) video conference; or
(c) any other means of communication approved
by the Authority.
(3) A member who participates in a meeting under a
permission granted under subclause (2) is taken to be
present at the meeting.
(4) Without limiting subclause (1), the Authority
may allow a person to attend a meeting for the purpose of
advising or informing it on any matter.
Resolutions without meetings
6. (1) If all members appointed sign a document
containing a statement that they are in favour of a
resolution in the terms set out in the document, a
resolution in those terms is taken to have been passed at a
meeting of the Authority held on the day on which the
document is signed or, if the members do not sign it on the
same day, on the day on which the last of the members
signs the document.
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(2) If a resolution is taken to have been passed
under subclause (1), each member is to be -
(a) advised immediately of the matter; and
(b) given a copy of the terms of the resolution.
(3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in identical
terms, each of which is signed by one or more members, is
taken to constitute one document.
Minutes
7. The Authority is to keep accurate minutes of its
meetings.
Disclosure of interests
8. (1) If a member has a direct or indirect pecuniary
interest in a matter being considered, or about to be
considered, by the Authority, the member must, as soon as
practicable after the relevant facts come to the member's
knowledge, disclose the nature of the interest to the
Authority.
Penalty: Fine not exceeding 50 penalty units.
(2) Unless the Authority otherwise determines, a
member who has made a disclosure under subclause (1) in
relation to a matter must not -
(a) be present during any deliberation of the
Authority in relation to the matter; or
(b) take part in any decision of the Authority in
relation to the matter.
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2003 Tasmanian Qualifications Authority No. sch. 2
(3) For the purpose of making a determination
under subclause (2), the member to whom the
determination relates must not -
(a) be present during any deliberation of the
Authority for the purpose of making the
determination; or
(b) take part in making the determination.
(4) Subclause (1) does not apply -
(a) in respect of a contract for goods or services
supplied by the Authority if those goods or
services are ordinarily supplied by the
Authority and are supplied on the same terms
as they are ordinarily supplied to other
persons in the same situation; or
(b) in respect of an interest that arises only
because the member is also a State Service
officer or State Service employee.
General procedure
9. Except as provided by this Act, the Authority may
regulate its own proceedings.
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SCHEDULE 3 - SAVINGS AND TRANSITIONAL
PROVISIONS
Section 73
PART 1 - PRELIMINARY
Interpretation
1. In this Schedule -
"Assessment Board" means the Tasmanian
Secondary Assessment Board established
under section 73 of the Education Act;
"commencement day" means the day on which
this Act commences;
"Council" means the Universities Registration
Council established under section 5 of the
repealed Act;
"Education Act" means the Education Act 1994 as
in force immediately before the
commencement day;
"repealed Act" means the Universities Registration
Act 1995 as in force immediately before the
commencement day.
PART 2 - PROVISIONS RELATING TO EDUCATION ACT
Abolition of Assessment Board
2. The Assessment Board is abolished.
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2003 Tasmanian Qualifications Authority No. sch. 3
Syllabuses, assessments and attainments
3. If, immediately before the commencement day, a
determination by the Assessment Board under section
74(1)(a) of the Education Act relating to a syllabus for
provision to students has effect -
(a) that syllabus is to be taken to be accredited as
an accredited course under this Act for the
period ending on the day on which the
determination of that syllabus would have
ceased to have effect if this Act had not
commenced; and
(b) any certificate or other qualification that the
Assessment Board determined would be issued
or awarded on the successful completion of the
syllabus is taken to be the approved
qualification for the accredited course that the
syllabus is taken to be by reason of
paragraph (a).
Rules of Assessment Board
4. Rules made by the Assessment Board under section
74(2) of the Education Act and in force immediately before
the commencement day continue and are taken to be rules
made under section 64.
Committees of Assessment Board
5. All committees established by the Assessment Board
under section 76 of the Education Act are abolished.
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Documents
6. (1) If appropriate, a document issued or made by the
Assessment Board under the Education Act is taken to
have been issued or made by the Authority under this Act.
(2) If appropriate, a reference in a document to the
Assessment Board in an Act or other document is taken to
be, or to include, a reference to the Authority.
(3) If appropriate, a document served on or by, or
provided to or by, the Assessment Board is taken to have
been served on or by, or provided to or by, the Authority.
PART 3 - PROVISIONS RELATING TO UNIVERSITIES
REGISTRATION ACT 1995
Abolition of Council
7. The Council is abolished.
Registered university or registered institution
8. A person that, immediately before the commencement
day, was a registered university or registered institution,
within the meaning of the repealed Act, is taken to be a
registered higher education provider under this Act -
(a) subject to the same conditions as the
registration was subject to under the repealed
Act; and
(b) until the earlier of the following occurs:
(i) the period specified in the certificate of
registration issued under the repealed
Act ends; or
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2003 Tasmanian Qualifications Authority No. sch. 3
(ii) if the registration is cancelled under this
Act, that cancellation takes effect.
Certificate of registration
9. A certificate of registration issued under section 15 of
the repealed Act and in force immediately before the
commencement day is taken to be a registration certificate
issued under section 45 of this Act.
Applications
10. (1) An application under section 13, 18A or 18D of the
repealed Act for registration as a registered university or
registered institution, or for the renewal or variation of
such registration, made to the Council and accompanied by
any required fee before the commencement day but not
determined before that day is taken to be an application
under section 42, 49 or 48 of this Act for registration as a
registered higher education provider or for the renewal or
amendment of such registration made to the Authority and
accompanied by any appropriate prescribed fee.
(2) Any thing done by the Council in relation to an
application referred to in subclause (1) is taken to have
been done by the Authority.
Inspections, examinations and reviews
11. (1) If immediately before the commencement day an
inspection, examination or review has been authorised
under section 9 of the repealed Act but not completed
before that day, that inspection, examination or review is
taken to be an investigation under section 56 of this Act.
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(2) Any thing done by a person authorised under
section 9 of the repealed Act in relation to an inspection,
examination or review referred to in subclause (1) is taken
to have been done by the Authority or an authorised officer
under this Act.
(3) The Authority may charge a person a fee in
respect of both that part of an inspection or examination
referred to in subclause (1) conducted before the
commencement day and the completion of the inspection or
examination as an investigation under this Act.
(4) The fee under subclause (3) may not exceed the
amount that could have been charged under section 12 of
the repealed Act if this Act had not been enacted.
(5) If a fee is due and payable immediately before
the commencement day under section 12 of the repealed
Act in relation to an inspection or examination completed
under section 9 of the repealed Act, that fee is due and
payable on and after that day to the Authority.
Reviews of decisions
12. (1) If, immediately before the commencement day, a
person could have applied to the Magistrates Court
(Administrative Appeals Division) for a review of a
decision of the Council under section 18H of the repealed
Act, that person can apply to that Court for a review of
that decision as if the decision were a decision of the
Authority, and the Authority is bound by the
determination of that Court.
(2) If, immediately before the commencement day, a
application for a review of a decision of the Council under
section 18H has been made but not determined -
(a) that review may be continued; and
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2003 Tasmanian Qualifications Authority No. sch. 3
(b) the decision being reviewed is taken to be a
decision of the Authority; and
(c) the Authority is bound by the determination of
the Magistrates Court (Administrative
Appeals Division).
Documents
13. (1) If appropriate, a certificate or other document
issued or made by the Council under the repealed Act is
taken to have been issued or made by the Authority.
(2) If appropriate, a reference to the Council in an
Act, certificate or other document is taken to be, or to
include, a reference to the Authority.
(3) If appropriate, a document served on or by, or
provided to or by, the Council is taken to have been served
on or by, or provided to or by, the Authority.
PART 4 - MISCELLANEOUS
Ministers actions before enactment valid
14. (1) In this clause, "notice" means notice, in at least 3
daily newspapers published and circulating in the State,
that persons interested in being members of the Authority
may provide written expressions of interest to the
Minister.
(2) Notice given by the Minister before this Act has
received the Royal Assent is taken to have been given
under section 8(2) and any thing done by the Minister in
relation to, or in connection with, such notice is taken to
have been done under this Act.
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SCHEDULE 4 - CONSEQUENTIAL AMENDMENTS
Section 75
Education Act 1994
1. Section 3 is amended as follows:
(a) by omitting the definition of "Assessment
Board";
(b) by omitting "education;" from paragraph (b) of
the definition of "student" and substituting
"education.";
(c) by omitting the definition of "upper secondary
education".
2. Part 6 is repealed.
3. Section 86 is amended by omitting "Board, the
Assessment".
4. Section 89 is amended as follows:
(a) by omitting "and the Assessment Board are"
and substituting "is";
(b) by omitting from paragraph (a) "their" and
substituting "its";
(c) by omitting from paragraph (b) "their" and
substituting "its".
5. Section 90 is amended as follows:
(a) by omitting from paragraph (c) "Part 5;" and
substituting "Part 5.";
(b) by omitting paragraphs (d) and (e).
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2003 Tasmanian Qualifications Authority No. sch. 4
6. Section 94 is repealed.
7. Schedule 2 is repealed.
Ombudsman Act 1978
1. Schedule 1 is amended as follows:
(a) by omitting paragraph (a) from item 16;
(b) by inserting the following item after item 70B:
70BA. Tasmanian Qualifications Authority.
Proclamation under the Duties Act 2001
1. Paragraph (a) of the proclamation under the Duties Act
2001 (being S.R. 2001, No. 76) is amended by omitting
subparagraph (vii) and substituting the following
subparagraph:
(vii) Tasmanian Qualifications Authority;
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SCHEDULE 5 - ACTS REPEALED
Section 76
Universities Registration Act 1995 (No. 92 of 1995)
Universities Registration Amendment Act 2001 (No. 24 of
2001)
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2003 Tasmanian Qualifications Authority No. sch. 6
SCHEDULE 6 - STATUTORY RULES RESCINDED
Section 77
Universities Registration Regulations 1996 (No. 12 of 1996)
Government Printer, Tasmania 83