Chapter 2
-
Grants for higher education assistance etc
History
Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part
2-4
of the
Higher Education Support Act 2003
in respect of the year 2008 or a later year. The heading formerly read:
Chapter 2
-
Grants for higher education assistance
PART 2-1
-
HIGHER EDUCATION
PROVIDERS
Division 19
-
What are the quality and accountability requirements?
Subdivision 19-C
-
The quality requirements
History
Subdiv 19-C substituted by No 74 of 2011, s 3 and Sch 2 item 7, effective 29 January 2012. Subdiv 19-C formerly read:
Subdivision 19-C
-
The quality requirements
SECTION 19-15 Provider must maintain quality
19-15(1)
A higher education provider must operate, and continue to operate, at an appropriate level of quality for an Australian higher education provider.
19-15(2)
The Minister must not determine that a higher education provider meets an appropriate level of quality for an Australian higher education provider, unless the Minister is satisfied that:
(a)
the provider meets the requirements of section
19-20
; and
(b)
if the provider is not a *Table A provider
-
the provider meets the requirements of section
19-25
; and
(c)
if the provider is a Table A provider
-
the provider meets the requirements of section
19-27
.
History
S 19-15(2) amended by No 72 of 2007, s 3 and Sch 1 item 9, by substituting paras (a), (b) and (c) for paras (a) and (b), effective 31 December 2007. Paras (a) and (b) formerly read:
(a)
if the provider is not a *Table A provider
-
the provider meets the requirements of sections
19-20
and
19-25
; or
(b)
if the provider is a Table A provider
-
the provider meets the requirements of section
19-27
.
SECTION 19-20
SECTION 19-20 Provider to comply with National Protocols etc.
19-20
A higher education provider must:
(a)
be assessed, by a *government accreditation authority, as meeting the relevant requirements set out in the *National Protocols; and
(b)
comply with any requirement imposed on the provider by a government accreditation authority; and
(c)
comply with any requirement imposed on the provider by the Minister in writing in order to implement a specified recommendation of a *quality auditing body.
History
S 19-20 amended by No 72 of 2007, s 3 and Sch 1 items 10 to 12, by omitting
"
(other than a *Table A provider)
"
after
"
A higher education provider
"
, substituting para (a) and substituting
"
a government accreditation authority
"
for
"
an authorised accreditation authority listed on the Australian Qualifications Framework Register
"
in para (b), effective 31 December 2007. Para (a) formerly read:
(a)
be assessed, by an authorised accreditation authority listed in the *Australian Qualifications Framework Register, as meeting the relevant protocols in the *National Protocols; and
SECTION 19-25 Quality assurance
-
provider (other than Table A provider)
19-25(1)
A higher education provider (other than a *Table A provider) must be audited:
(a)
by a *quality auditing body for the provider; and
(b)
as the auditing body requires.
History
S 19-25(1) amended by No 89 of 2008, s 3 and Sch 1 item 1, by inserting
"
for the provider
"
after
"
body
"
in para (a), effective 20 September 2008.
19-25(2)
The provider must also:
(a)
after a request from a *quality auditing body for the provider to audit the provider, allow the audit to start within the time agreed to by the body and provider; and
(b)
fully co-operate with the auditing body in the course of its audit; and
(c)
pay to the auditing body any charges payable for such an audit.
History
S 19-25(2) amended by No 89 of 2008, s 3 and Sch 1 item 2, by inserting
"
for the provider
"
after
"
body
"
in para (a), effective 20 September 2008.
19-25(3)
The provider's agreement under paragraph (2)(a) must be given to the *quality auditing body within one month after the body makes the request to the provider.
SECTION 19-27 Quality assurance
-
Table A provider
19-27(1)
A *Table A provider must be audited by a *quality auditing body for the provider at least once every 5 years.
History
S 19-27(1) amended by No 89 of 2008, s 3 and Sch 1 item 3, by inserting
"
for the provider
"
, effective 20 September 2008.
19-27(2)
The provider must, in relation to each audit of the provider:
(a)
either:
(i)
before the start of the audit, reach agreement with the body on the time of, and the arrangements for, the audit; or
(ii)
comply with the Minister's determination under subsection (3); and
(b)
in relation to each audit, comply with any requests, made in the course of the audit by the body conducting the audit, that are reasonable having regard to the provider's circumstances.
19-27(3)
If the provider and the *quality auditing body are unable to agree on matters referred to in subparagraph (2)(a)(i) in relation to an audit of the provider, the Minister may, after consulting with the provider, determine in writing the audit arrangements for the provider.
SECTION 19-29 Quality auditing bodies
19-29
The Higher Education Provider Guidelines may:
(a)
list a body as a *quality auditing body for one or more kinds of higher education provider; and
(b)
set out requirements that must be met by quality auditing bodies in conducting audits of higher education providers.
History
S 19-29 inserted by No 89 of 2008, s 3 and Sch 1 item 4, effective 20 September 2008.
SECTION 19-20
Certain providers must comply with the National Higher Education Code to Prevent and Respond to Gender-based Violence
19-20(1)
A higher education provider that is a higher education provider within the meaning of the
Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025
must comply with the National Higher Education Code to Prevent and Respond to Gender-based Violence made under that Act.
19-20(2)
This section begins to apply to a higher education provider:
(a)
if the provider is a Table A provider or a Table B provider
-
on 1 January 2026; or
(b)
otherwise
-
on 1 January 2027.
History
S 19-20 inserted by No 35 of 2025, s 3 and Sch 1 item 1, effective 29 August 2025.
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