Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-1 - HIGHER EDUCATION PROVIDERS  

Division 16 - What is a higher education provider?  

Subdivision 16-C - How are bodies approved as higher education providers?  

SECTION 16-25   Approval by the Minister  

16-25(1)  


The Minister, in writing, may approve a body corporate as a higher education provider if:


(a) the body:


(i) is established under the law of the Commonwealth, a State or a Territory; and

(ii) carries on business in Australia; and

(iii) has its central management and control in Australia; and


(aa) subject to subsection (2), the body ' s principal purpose is, or is taken to be, either or both of the following:


(i) to provide education;

(ii) to conduct research; and


(b) the body is:


(i) an *Australian university; or

(ii) a *self-accrediting entity; or

(iii) a *non self-accrediting entity; and


(c) the body either fulfils the *tuition assurance requirements or is exempted from those requirements under section 16-31 ; and


(d) (Repealed by No 74 of 2011)


(da) the body offers at least one *course of study that leads to a *higher education award; and


(db) the course of study is an *accredited course in relation to the body; and


(dc) (Repealed by No 74 of 2011)


(e) the body applies for approval as provided for in section 16-40 ; and


(f) the Minister is satisfied that the body is willing and able to meet the *quality and accountability requirements; and


(fa) the body complies with any requirements set out in the Higher Education Provider Guidelines; and


(fb) the Minister is satisfied that the body has sufficient experience in the provision of higher education; and


(g) the Minister is satisfied that:


(i) the body; and

(ii) each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body ' s affairs;
is a fit and proper person.

16-25(2)  


For the purpose of paragraph (1)(aa), the Minister may determine that a body ' s principal purpose is taken to be either or both of the following:


(a) to provide education;


(b) to conduct research;

if the Minister is satisfied that any of the body ' s purposes do not conflict with the body ' s purpose of providing education and/or conducting research.

16-25(2A)  


For the purposes of paragraph (1)(fb), the Minister may have regard to the following:


(a) whether the body has been a *registered higher education provider for 3 or more years;


(b) the history of the body, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the body ' s affairs, in delivering higher education;


(c) the scope of courses and level of qualifications the body, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the body ' s affairs, has experience in providing.

16-25(3)  


The Minister must, in deciding whether he or she is satisfied that a person is a fit and proper person, take into account the matters specified in an instrument under subsection (4). The Minister may take into account any other matters he or she considers relevant.

16-25(4)  


The Minister must, by legislative instrument, specify matters for the purposes of subsection (3).



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