Higher Education Support Act 2003

Chapter 7 - Miscellaneous  

SECTION 238-6   Delegations by Higher Education Tuition Protection Director  

238-6(1)    
The *Higher Education Tuition Protection Director may, in writing, delegate all or any of the Director ' s functions or powers under this Act (other than paragraphs 167-20(1)(e) and (ea) and Part 5-8 ) or the *TEQSA Act (other than Division 5 of Part 7 of that Act) to an APS employee who holds or performs the duties of an APS Level 6 position, or an equivalent or higher position, in the Department.

Note 1:

Paragraphs 167-20(1)(e) and (ea) give the Higher Education Tuition Protection Director the functions of making a legislative instrument under section 13 of the Higher Education Support (HELP Tuition Protection Levy) Act 2020 and section 13 of the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020 .

Note 2:

Paragraph 167-20(1)(g) of this Act gives the Higher Education Tuition Protection Director certain functions in relation to tuition protection under the TEQSA Act.

238-6(2)    
Before delegating a function or power under subsection (1), the Higher Education Tuition Protection Director must have regard to:

(a)    if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position - whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or

(b)    otherwise - whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.

238-6(3)    
In performing functions or exercising powers under the delegation, the delegate must comply with any directions of the *Higher Education Tuition Protection Director.