Tertiary Education Act 1993

Version No. 031

Tertiary Education Act 1993

Act No. 18/1993

Version incorporating amendments as at 12 November 2003

table of provisions

SectionPage

PART 1—PRELIMINARY

1.Purpose

2.Commencement

3.Definitions

PART 2—CO-ORDINATION OF POST-SECONDARY EDUCATION

Division 1—General

4.Establishment of bodies to advise Minister

5.Supply of information

6.Endorsement of courses of study for overseas students

7.Repealed9

8.Power to acquire land

Division 2—Higher Education

9.Interpretation

10.Only approved universities to operate in Victoria

11.Accreditation and authorisation to conduct courses

11A.Review of operations of universities, institutions and courses

11B.Authorised officers

11C.Identification

11D.Powers of authorised officers

12.Register of Higher Education

Division 3—Student fees, subscriptions and charges

12A.Definition

12B.Application of Division

12C.Repealed27

12D.Provision for declining automatic membership of a student organisation

12E.Students who do not join student organisation

12F.Limitation on powers to spend funds from compulsory non-academic fees etc.

12G.Voluntary fees held on trust

12H.Offence

12I.Statement about compulsory fees etc.

12J.Transitional about the use of certain money

PART 3—INCORPORATION OF COUNCILS

13.Application

14.Post-secondary education institutions

15.Incorporation of councils

16.Award of degrees or diplomas

17–20.Repealed35

PART 4—GENERAL

21.Delegation

22.Regulations

PART 5—ABOLITION OF POST-SECONDARY EDUCATION COMMISSION

23.Repeal

24.Abolition of Post-Secondary Education Commission

25.Annual report of abolished Commission

26.Post-graduate courses at Swinburne University of Technology

Part 6—Transitionals and Savings

27.Saving of guidelines

28.Commencement of deemed approval for certain universities

29–34.Repealed40

______

SCHEDULES

SCHEDULE 1—Universities

SCHEDULE 2—Autonomous College

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 031

Tertiary Education Act 1993

Act No. 18/1993

Version incorporating amendments as at 12 November 2003

Tertiary Education Act 1993

Act No. 18/1993

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purpose

The main purpose of this Act is to provide for the better promotion, development and co-ordination of post-secondary education in Victoria.

2.Commencement

(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in sub-section (2) does not come into operation within the period of 6months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3.Definitions

In this Act—

"autonomous college" means a college specified in Schedule 2;

"further education" means that part of technical and further education which is not vocational education and training within the meaning of the Vocational Education and Training Act 1990 and which is not provided by a university or autonomous college;

"post-secondary education" means education of persons—

(a)who are beyond the age of compulsory school attendance; and

(b)who are not undergoing a course of secondary education;

S. 3 def. of "post-secondary education institution" amended by No. 59/1994 s.3.

"post-secondary education institution" means an institution which is supported directly or indirectly by government funds providing post-secondary education including but not limited to a TAFE college, an autonomous college and a university;

s. 3

"post-secondary education provider" means a post-secondary education institution or other institution or person or body providing or offering to provide post-secondary education;

"TAFE college" means an institution specified in Schedule 1 to the Vocational Education and Training Act 1990 but if an institution so specified is also specified in Schedule 1 or 2 to this Act means that part of the institution which provides technical and further education;

"technical and further education" means post-secondary education wherever provided or offered which is not directed towards—

(a)the award of a degree or diploma at an autonomous college or university; or

(b)a higher education award within the meaning of section 9;

"university", except in section 10, means an institution specified in Schedule 1.

s. 3

______

Part 2—Co-ordination of Post-Secondary Education

Division 1—General

4.Establishment of bodies to advise Minister

s. 4

(1)The Governor in Council may from time to time by order establish any board, committee or other similar body comprising persons with experience or expertise in, or able to offer informed advice about, post-secondary education—

(a)to advise the Minister on any matter relating to post-secondary education referred to it by the Minister; and

(b)to exercise any of the powers and functions of the Minister that are delegated to it under this Act.

(2)The Governor in Council may, in any Order made under sub-section (1), make any provision with respect to the terms and conditions of appointment of the members of the body and the functions and procedure of the body as the Governor in Council thinks fit.

S. 5
amended by No. 3/1998
s. 3(1)(2) (ILA
s. 39B(1)).

5.Supply of information

(1)The council or governing body of a prescribed institution must supply the Minister with any information that he or she may reasonably require for the effective monitoring, development and planning of post-secondary education in Victoria.

S. 5(2) inserted by No. 3/1998
s. 3(2).

(2)In this section—

S. 5(2) def. of "prescribed institution" amended by No. 34/2001 s.3.

"prescribed institution" means—

(a)a post-secondary education institution;

(b)an institution in respect of which an approval under section 10 is in force or is deemed to be in force;

(c)an institution that in accordance with section 11 confers or offers to confer a higher education award, or offers or conducts a course of study leading to the conferral of a higher education award.

6.Endorsement of courses of study for overseas students

s. 6

(1)The Minister may endorse any course of study—

(a)in higher education offered by a post-secondary education provider; or

S. 6(1)(b) amended by No. 34/2001 s.4(1).

(b)offered by an institution specified in Schedule 1 or 2 other than a course of study in a TAFE division of a university; or

S. 6(1)(c) inserted by No. 34/2001 s.4(1).

(c)accredited by an institution approved or deemed to be approved to operate as a university under section 10; or

S. 6(1)(d) inserted by No. 34/2001 s.4(1).

(d)authorised by the Minister under section11(1)(e)(ii)—

as suitable for students from overseas.

(2)The council or proprietor or other person representing an institution or post-secondary education provider may apply in writing to the Minister for the endorsement of a course.

(3)In deciding whether to endorse a course the Minister may have regard to all or any of the following matters in relation to the institution, establishment or centre where the course of study is offered or proposed to be offered—

S. 6(3)(a) substituted by No. 34/2001 s.4(2)(a).

(a)the management of the collection of fees from students and the disbursement of those fees;

(b)marketing and promotion materials;

S. 6(3)(ba) inserted by No. 34/2001 s.4(2)(b).

(ba)if a course of study is offered by a recognised university or autonomous college, the information made available to prospective students before enrolment in that course;

s. 6

(c)the use of agents;

(d)contracts with respect to students;

S. 6(3)(e) substituted by No. 34/2001 s.4(2)(c).

(e)the availability of assistance in acquiring English language skills;

S. 6(3)(f) substituted by No. 34/2001 s.4(2)(c).

(f)the processes in place to ensure that staff are sensitive to the cultural differences of students from overseas;

(g)student housing and accommodation;

S. 6(3)(ga) inserted by No. 34/2001 s.4(2)(d).

(ga)the activities and services made available to students on arrival in Australia and services made available to students to assist with orientation in Australia and the institution, centre or establishment where the course is to be conducted;

S. 6(3)(h) substituted by No. 34/2001 s.4(2)(e), amendedby No.83/2003 s.14(3).

(h)procedures for monitoring student's compliance with visa requirements;

S. 6(3)(i) substituted by No. 34/2001 s.4(2)(e).

(i)student selection procedures;

S. 6(3)(j) substituted by No. 34/2001 s.4(2)(e).

(j)the character and credentials of each person concerned in the management of the institution, centre or establishment or the governing body of that institution, centre or establishment;

S. 6(3)(k) substituted by No. 34/2001 s.4(2)(e).

(k)the status of the institution or provider as a genuine post-secondary education institution or provider;

S. 6(3)(l)–(p) repealed by No. 34/2001 s.4(2)(e).

*****

s. 6

(q)any other matter relating to the management or operations of the institution, centre or establishment where the course of study is offered or proposed to be offered.

(4)The Minister may from time to time issue guidelines dealing with all or any of the matters referred to in sub-section (3) and must publish any guidelines that are issued in the Government Gazette.

S. 6(5) substituted by No. 34/2001 s.4(3).

(5)An endorsement under this section remains in force for a period, not exceeding 5 years, specified by the Minister unless sooner suspended or cancelled by the Minister.

S. 6(6) substituted by No. 34/2001 s.4(3).

(6)The Minister, after conducting a review in accordance with section 11A and after considering any submissions made in accordance with that section, may decide whether to impose the proposed suspension or cancellation and must notify the post-secondary education provider or institution of his or her decision.

S. 6(6A) inserted by No. 34/2001 s.4(3).

(6A)Any suspension or cancellation that the Minister decides upon takes effect when notice of the decision is given to the post-secondary education provider or institution or on any later date that may be specified in the notice.

S. 6(7) substituted by No. 52/1998
s. 311(Sch. 1 item 90.1).

(7)A person whose interests are affected by a decision of the Minister—

(a)not to endorse a course of study; or

(b)to cancel or suspend the endorsement of a course of study—

may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

S. 6(7A) inserted by No. 52/1998
s. 311(Sch. 1 item 90.1).

(7A)An application for review must be made within 28days after the later of—

s. 6

(a)the day on which the decision is made;

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(8)The Minister must notify the Minister of the Commonwealth for the time being administering the Act of the Commonwealth known as the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 as soon as practicable of an endorsement of a course of study or the cancellation or suspension of an endorsement under this section.

(9)The Minister may charge any fee prescribed for investigating an application under sub-section (2).

S. 7
repealed by No. 59/1994 s.5.

*****

8.Power to acquire land

s. 8

(1)The Minister may purchase by agreement or compulsorily acquire any land required for post-secondary education purposes.

(2)The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—

(a)this Act is the special Act; and

(b)the Minister is the Authority.

Division 2—Higher Education

S. 9 (Heading) inserted by No. 34/2001 s.5(1)(a).

S. 9 amendedby No. 34/2001 s.5(2) (ILA s.39B(1)).

9.Interpretation

(1)In this Division—

"accredit" in relation to a course of study that leads to a higher education award, means recognise that the standard of the course of study and the way of delivering it, are appropriate to the award;

S. 9(1) def. of "higher education award" amended by Nos 80/1997
s. 53, 97/2000 s.37(Sch. 1 item4), substituted by No. 34/2001 s.5(1)(b).

"higher education award" means a qualification described as—

(a)a degree, associate degree or higher degree; or

(b)a graduate diploma or certificate or post-graduate diploma or certificate other than a graduate certificate or post-graduate certificate if the course of study relating to that certificate is included in the State Register of Accredited Courses and Recognised Qualifications established under section 19 of the Victorian Qualifications Authority Act 2000; or

(c)a diploma or advanced diploma if the course of study relating to that award is classified as higher education in the course descriptions published by the Australian Qualifications Frameworks Advisory Board;

"institution" includes person or body;

S. 9(1) def. of "recognised University" amended by No. 34/2001 s.5(1)(c).

"recognised University" means an institution that is—

(a)established or recognised as a University under an Act; or

s. 9

(b)established as a University under an Act of the Commonwealth, another State, the Australian Capital Territory or the Northern Territory.

S. 9(2) inserted by No. 34/2001 s.5(2).

(2)In this Part a reference to an institution operating as a University includes a reference to an institution operating as a University in or from Victoria by means of any of the following telecommunication devices—

(a)a computer adapted for communicating by way of the internet or another communications network; or

(b)a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; or

(c)a telephone; or

(d)any other electronic device.

S. 9(3) inserted by No. 34/2001 s.5(2).

(3)In this Part a reference to a course of study includes a reference to a course of study offered in or from Victoria by means of any of the telecommunication devices referred to in sub-section (2).

10.Only approved universities to operate in Victoria

s. 10

S. 10(1) amended by No. 34/2001 s.6(1).

(1)An institution, other than a University established or recognised under an Act, must not operate or purport to operate as a University or part of a University without the approval of the Minister.

Penalty:200 penalty units.

S. 10(1A) inserted by No. 59/1994 s.6(1).

(1A)The Minister may, by Order published in the Government Gazette, approve an institution, other than an autonomous college or a TAFE college, to operate as a university or part of a university.

S. 10(1B) inserted by No. 34/2001 s.6(2).

(1B)An institution that is established as a University under an Act of the Commonwealth, another State, the Australian Capital Territory or the Northern Territory is deemed to have the approval of the Minister under this section to operate as a University or part of a University (as the case requires).

(2)A person representing an institution may apply in writing for approval to operate as a University.

(3)In deciding whether to grant approval under sub-section (1), the Minister may have regard to government policies and priorities and to all or any of the following matters—

(a)in the case of an institution established in a foreign country, whether it is recognised as a University by the authority in the foreign country that, in the Minister's opinion, is the competent authority;

S. 10(3)(b) repealed by No. 70/1997
s. 77(a), new s.10(3)(b) inserted by No. 34/2001 s.6(3).

(b)the commitment of the University to research and scholarship and the systematic advancement of knowledge;

S. 10(3)(ba) inserted by No. 34/2001 s.6(3).

(ba)national policies and agreements by Ministers responsible for higher education about governance and other characteristics of Universities in Australia;

(c)the views or recommendations of any relevant industrial or professional body about the course of study to be offered by the University;

(d)the standard of any course of study to be offered by the University;

(e)the academic, financial and staffing resources of the University which would be available in Victoria.

s. 10

(4)The Minister may from time to time issue guidelines about all or any of the matters referred to in sub-section (3) and must publish any guidelines that are issued in the Government Gazette.

(5)An approval remains in force for any period not exceeding 5 years that the Minister determines unless sooner revoked.

(6)An approval is subject to any other conditions imposed by the Minister.

S. 10(7) amended by No. 59/1994 s.6(2), substituted by No. 34/2001 s.6(4).

(7)The Minister may, after the conduct of a review in accordance with section 11A and after considering any submissions made in accordance with that section, by notice published in the Government Gazette, revoke or suspend the approval or deemed approval or impose any condition on the approval or deemed approval.

S. 10(8) substituted by No. 34/2001 s.6(4).

(8)Any suspension, revocation or condition imposed by the Minister under sub-section (7) takes effect on the date the Order is published in the Government Gazette or such later date as is specified in the Order.

S. 10(9) substituted by No. 52/1998
s. 311(Sch. 1 item 90.2).

(9)A person whose interests are affected by a decision of the Minister—

(a)not to grant an approval; or

(b)to revoke an approval—

may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

S. 10(9A) inserted by No. 52/1998
s. 311(Sch. 1 item 90.2).

(9A)An application for review must be made within 28days after the later of—

s. 10

(a)the day on which the decision is made;

(10)The Minister may charge any fee prescribed for investigating an application for approval under this section.

S. 10(11) inserted by No. 59/1994 s.6(3).

(11)The power to make an Order under this section is subject to the Order being disallowed by Parliament.

S. 10(12) inserted by No. 59/1994 s.6(3).

(12)A copy of every Order under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in the Government Gazette.

S. 10(13) inserted by No. 59/1994 s.6(3), substituted by No. 80/1997
s. 54(1).

(13)Part 5 of the Subordinate Legislation Act 1994 applies to an Order under this section as if the Order were a statutory rule within the meaning of that Act laid before each House of the Parliament under section 15 of that Act.

S. 10(14) inserted by No. 34/2001 s.6(5).

(14)Sub-sections (11), (12) and (13) do not apply—

(a)to an Order granting or revoking an approval relating to an institution that is established as a University under an Act of a Territory or an Act or law of another country; or

(b)with respect to a University deemed to be approved to operate as a University under sub-section (1B).

11.Accreditation and authorisation to conduct courses

s. 11

(1)An institution, other than a recognised University or an institution which has the approval of the Minister to operate as a University under section10 or the Melbourne College of Divinity, must not—

(a)confer or offer to confer a higher education award in relation to a course of study; or

S. 11(1)(b) amended by No. 59/1994 s.7(1).

(b)offer or conduct a course of study leading to the conferral of a higher education award whether the award is to be conferred by that institution or any other institution; or

S. 11(1)(c) amended by No. 59/1994 s.7(1).

(c)represent in any manner that a course of study offered or conducted by that institution leads to or would entitle a person completing that course to, the conferral of a higher education award whether the award is to be conferred by that institution or any other institution—

unless—

(d)in the case of an institution specified in Schedule 2, it is authorised by an Order in Council under section 16 to confer the award;

S. 11(1)(da) inserted by No. 59/1994 s.7(2).

(da)in the case of an institution operated by a company established or controlled by a university, the governing body of the university has the power to control the standards and quality of the course of study offered by the institution and confers the award in relation to that course of study;

(e)in the case of any other institution—

(i)the course of study is accredited by the Minister; and

(ii)the Minister has authorised the institution to conduct the course of study.

Penalty:200 penalty units.

s. 11

(2)A person representing an institution may apply in writing for accreditation of a course of study or authorisation to conduct a course of study.

(3)In deciding whether to accredit a course of study under sub-section (1)(e)(i), the Minister—

(a)must have regard to whether the course of study is equivalent in standard to a course leading to an award of that type or level in a University; and

(b)may have regard to all or any of the following matters—

S. 11(3)(b)(i) substituted by No. 34/2001 s.7(1)(a).

(i)student entry requirements;

S. 11(3)(b)
(ii)(iii)
repealed by No. 34/2001 s.7(1)(a).

*****

(iv)student contact hours;

(v)curriculum;

S. 11(3)(b)(vi) substituted by No. 34/2001 s.7(1)(b).

(vi)resources required to deliver the course;

(vii)course nomenclature;

s. 11

S. 11(3)(b)(viii) substituted by No. 34/2001 s.7(1)(c).

(viii)qualifications and experience of staff who developed the course of study and the required level of qualifications and experience of staff required to conduct the course;

S.11(3)(b)
(viiia) insertedby No. 34/2001 s.7(1)(c).

(viiia)experience of the institution in developing higher education courses of study in Australia;

S.11(3)(b)
(viiib) insertedby No. 34/2001 s.7(1)(c).

(viiib)the views or recommendations of any relevant professional body about the course of study;

(ix)any other matter relating to the teaching administration or standards of the course of study.