Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011 (74 of 2011)

Schedule 3  

Part 4   Transferring existing State accreditations to TEQSA system etc.

Division 2   Pending review decisions about State accreditations

19   Pending review decisions about State accreditations

(1) A course of study is taken to be accredited by TEQSA, in relation to a higher education provider, for the purposes of the TEQSA Act if:

(a) before the transition time:

(i) the provider has applied for review of a decision by a registration authority; or

(ii) the period for applying for review of a decision by a registration authority has not ended; and

(b) as a result of a review of that decision, a decision (the State review decision ) is made:

(i) under a State or Territory law relating to higher education; and

(ii) after the transition time;

that would (ignoring the enactment of the TEQSA Act) result in the course of study being accredited under that law; and

(c) the provider notifies TEQSA, in the approved form, of the State review decision.

Note 1: This automatic accreditation means, for example, that the provider must comply with conditions imposed from time to time on the accreditation (see section 52 of that Act).

Note 2: This Division does not apply to those providers authorised to self-accredit courses of study. An authority to self-accredit under a State or Territory law is automatically transferred under item 12 (see also paragraph 1(2)(c)).

(2) If item 18 does not apply in relation to the course of study, the accreditation of the course of study is for the period:

(a) starting at the transition time; and

(b) ending at the later of:

(i) the time the course of study would cease to be accredited under the relevant State or Territory law (ignoring the enactment of the TEQSA Act); and

(ii) the end of the period specified in the most recent notice (if any) given under section 57 (about renewals of accreditation) of the TEQSA Act in relation to the accreditation.

Note 1: If both item 18 and this item apply in relation to the course of study, its accreditation is for the period worked out under subitem 18(3).

Note 2: This automatic accreditation may be renewed under Division 4 of Part 4 of the TEQSA Act.

(3) Paragraph (2)(b) has effect subject to the following:

(a) the accreditation ends immediately if the provider ceases to be registered as a registered higher education provider;

(b) subsection 56(3) (about renewing accreditation) of the TEQSA Act;

(c) Division 1 of Part 7 (about cancelling accreditation and other administrative sanctions) of the TEQSA Act.

(4) Subitem (2) applies to the accreditation instead of section 51 (about commencement and duration of accreditation) of the TEQSA Act.