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Post Compulsory Education Acts (Amendment)
Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
This Bill makes miscellaneous amendments to various Acts relating to post
compulsory education in Victoria.
The Bill amends the Tertiary Education Act 1993 (the Act) to strengthen
the provisions in that Act regulating universities and other providers of
higher education in Victoria to meet nationally agreed standards.
It amends the Deakin University Act 1974 to remove the requirement for
the university to maintain a campus at Clayton.
It also amends the Victorian Qualifications Authority Act 2000 to
empower the Authority to charge the prescribed fees (if any) for applications
for the registration of persons and bodies authorised to issue recognised
qualifications.
Clause Notes
Clause 1 sets out the main purpose of the Bill.
Clause 2 provides for the commencement of the Bill. Clauses 1, 2 and 11
will commence on the day after Royal Assent and the remaining
provisions come into operation on a day or days to be proclaimed
or on 1 June 2002 if not proclaimed sooner.
Clause 3 makes a consequential amendment to the Tertiary Education
Act 1993 (the Act) in the definition of "prescribed institution" to
refer to the institutions in the new section 10(1B) to be inserted
by clause 6(2).
· makes amendments to the provisions relating to the
Clause 4
endorsement of courses for students from overseas under
section 6 of the Act;
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· section 6(1) is amended to allow the Minister to endorse as
suitable for overseas students a course of study offered by
a university with approval or deemed approval to operate
as a university under the proposed section 10 that is
accredited by that university or a course of study that is
authorised to be conducted under section 11(1)(e)(ii);
· further criteria for endorsement of higher education
courses offered to overseas students are included in line
with nationally agreed principles;
· extends the term for endorsement to up to 5 years;
· provides that the Minister may suspend or cancel an
endorsement after conducting a review in accordance with
the new section 11A.
· amends the definitions relating to higher education;
Clause 5
· extends the definition of "higher education awards" to
include the awards of diploma and advanced diploma where
these awards come from appropriate higher education
courses;
· includes an interpretation provision that provides for the
Part to apply to courses offered in or from Victoria through
the use of telecommunication devices by a person, body or
organisation operating in or from Victoria. It also includes
an interpretation provision that provides for the Part to apply
to Universities operating in or from Victoria by
telecommunication devices;
· restricts the definition of a recognised university to one
established by the Commonwealth, a State or the Australian
Capital Territory or the Northern Territory.
· makes amendments to the provisions requiring the Minister's
Clause 6
approval for universities to operate in Victoria;
· section 10(1) of the Act is amended to provide that all
institutions operating as universities, except the Victorian
universities set out in the existing Schedule to the Act, will
require the approval of the Minister to do so;
· the proposed new section 10(1B) provides for the deemed
approval of universities established under an Act of a
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Commonwealth, State, the Australian Capital Territory or
the Northern Territory;
· further criteria for approval are included in line with
nationally agreed principles;
· provides that the Minister may suspend, revoke or impose
conditions on an approval after conducting a review in
accordance with the new section 11A;
· the section is also amended to provide that Orders relating
to approvals for overseas Universities and certain
Territories which are now required to be subject to the
approval process and the new deemed approvals will not be
subject to the tabling and disallowance provisions in the
existing section 10 of the Act.
· makes amendments to the provisions for granting
Clause 7
accreditation of courses in higher education and for
granting authorisation to conduct such courses;
· further criteria for authorisation and accreditation are
included in line with nationally agreed principles;
· provides that the Minister may suspend, revoke or impose
conditions on an accreditation or authorisation after
conducting a review in accordance with the new section
11A.
· inserts new sections 11A-11D in the Act;
Clause 8
· new section 11A provides for the review of operations of
universities operating in Victoria with the approval or
deemed approval of the Minister and for the review of the
operations of other institutions and private providers of
higher education courses that are endorsed, accredited or
authorised under the Act;
· new sections 11B-11D provide for the appointment,
identification and powers of authorised officers.
Section 11B enables the Minister to appoint a person
employed under the Public Sector Management and
Employment Act 1998 in the administration of the
Tertiary Education Act 1993 an authorised officer for the
purposes of the Act.
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Clause 9 amends the delegation powers of the Minister to allow the new
review powers under section 11A to be delegated to a member of
a body established under section 4 or an executive of the public
service.
· saves existing guidelines under sections 6, 10 and 11 for
Clause 10
6 months to allow time for new guidelines to be made after
the commencement of the new provisions;
· provides that Universities established under an Act of the
Commonwealth, a State, the Australian Capital Territory
or the Northern Territory and that were operating as such
in Victoria before the commencement of the new section
10(1B) will deemed to be approved to operate in Victoria
from that date.
Clause 11 makes a minor amendment to section 5(ab) of the Deakin
University Act 1974 to remove the requirement for the
university to maintain a campus at Clayton.
Clause 12 amends the Victorian Qualifications Authority Act 2000 to
empower the Authority to charge any fees that are prescribed for
applications for the registration of persons and bodies authorised
to issue recognised qualifications.
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