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This is a Bill, not an Act. For current law, see the Acts databases.
Education Amendment (School
Providers for Overseas Students)
Bill 2013
No , 2013
A Bill for
An Act to amend the Education Act 1990 in relation to approving providers to
provide courses at schools to overseas students; and for related purposes.
Clause 1 Education Amendment (School Providers for Overseas Students) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Education Amendment (School Providers for Overseas 3
Students) Act 2013. 4
2 Commencement 5
This Act commences, or is taken to have commenced, on 1 July 2013. 6
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Education Amendment (School Providers for Overseas Students) Bill 2013
Amendment of Education Act 1990 No 8 Schedule 1
Schedule 1 Amendment of Education Act 1990 No 8 1
[1] Section 3 Definitions 2
Insert in alphabetical order in section 3 (1): 3
Department means the Department of Education and 4
Communities. 5
[2] Sections 3 (1) (definition of "Director-General"), 22A (1), 26D (1), 6
26L (2) (f) and 28 (5) (e) 7
Omit "Department of Education and Training" wherever occurring. 8
Insert instead "Department". 9
[3] Section 26C (1) (b) and (2) (c) 10
Omit "Department of Education and Training" wherever occurring. 11
Insert instead "Department of Education and Communities". 12
[4] Part 7A 13
Insert after Part 7: 14
Part 7A Approval to provide courses to overseas 15
students 16
Note. The approval by the Board of providers to provide courses at schools to overseas 17
students forms the basis of the registration of those providers under the Education 18
Services for Overseas Students Act 2000 of the Commonwealth. 19
83A Interpretation 20
In this Part: 21
approval means an approval of a provider granted by the Board 22
under this Part. 23
approved provider means a provider who is for the time being 24
approved by the Board under this Part to provide courses to 25
overseas students. 26
Commonwealth Act means the Education Services for Overseas 27
Students Act 2000 of the Commonwealth. 28
provider has the same meaning as it has in the Commonwealth 29
Act. 30
83B Board responsible for approving providers 31
For the purposes of the Commonwealth Act, the Board is 32
responsible for approving providers to provide courses at 33
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Education Amendment (School Providers for Overseas Students) Bill 2013
Schedule 1 Amendment of Education Act 1990 No 8
government schools or non-government schools to overseas 1
students who are enrolled at those schools. 2
Note. Accordingly, the Board is a designated authority for the purposes 3
of the Commonwealth Act. 4
83C Approval to provide courses to overseas students 5
(1) The Board may, on the application of a provider, approve the 6
provider to provide courses at a government school or registered 7
non-government school to overseas students enrolled at the 8
school. 9
(2) An approval may (according to the terms of the approval) apply 10
to such courses generally, to specified classes of such courses or 11
to a specified course or courses. 12
(3) An application for approval must be in such form, and be 13
accompanied by such fee, as the Board may determine. 14
(4) The Board may require an applicant to furnish further 15
information in relation to the application. 16
(5) An approval has effect for such period as is specified in the 17
approval, commencing on a date so specified. 18
(6) Approval may be granted unconditionally or subject to such 19
conditions (which may be imposed when the approval is granted 20
or at any later time) as the Board determines. 21
(7) Examples of the conditions that may be imposed include the 22
following: 23
(a) conditions specifying the premises in or from which the 24
courses to which the approval relates are to be conducted, 25
(b) conditions requiring the payment (including periodic 26
payment while the approval remains in force) of fees to the 27
Board in respect of the approval. 28
(8) The Board must not refuse an application for approval except on 29
the grounds that: 30
(a) the applicant has not furnished such further information in 31
relation to the application as the Board requires, or 32
(b) the Board has reasonable grounds to believe that the 33
applicant will not comply with the national code (within 34
the meaning of the Commonwealth Act), or 35
(c) the Board is not satisfied that all relevant Commonwealth 36
criteria are met. 37
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Education Amendment (School Providers for Overseas Students) Bill 2013
Amendment of Education Act 1990 No 8 Schedule 1
(9) In this section, relevant Commonwealth criteria, in relation to an 1
application for approval, means the criteria that the Board (in its 2
role as a designated authority within the meaning of the 3
Commonwealth Act) is required to certify as having been met for 4
the purposes of recommending that the applicant be registered as 5
a provider under the Commonwealth Act. 6
83D Inspection of premises 7
The Board may arrange for the premises of an approved provider, 8
or any school at which an approved provider provides courses for 9
overseas students, to be inspected by a Board inspector for the 10
purposes of this Part, including for the purposes of monitoring 11
compliance with the conditions of the provider's approval. 12
83E Amendment, suspension or cancellation of approval 13
(1) The Board may, on its own motion or on the application of any 14
person or body, do any of the following in relation to an approval: 15
(a) amend the approval so that it applies to different courses, 16
(b) revoke or amend any condition of the approval, 17
(c) impose additional conditions on the approval, 18
(d) suspend or cancel the approval. 19
(2) The suspension of an approval may be lifted at any time by the 20
Board. Before lifting the suspension, the Board may require the 21
payment of a fee determined by the Board. 22
(3) The Board may not suspend or cancel an approval except on one 23
or more of the following grounds: 24
(a) the approved provider concerned requests the suspension 25
or cancellation, 26
(b) the approved provider is no longer providing courses for 27
overseas students, 28
(c) the approved provider has ceased to exist, 29
(d) the approved provider has contravened the 30
Commonwealth Act, the national code (within the 31
meaning of that Act) or a regulation under that Act, 32
(e) the Board has reasonable grounds to believe that one or 33
more of the relevant Commonwealth criteria are not met, 34
(f) the approved provider has contravened this Part or a 35
condition of the provider's approval. 36
(4) In this section, relevant Commonwealth criteria, in relation to an 37
approval, means the criteria that the Board (in its role as a 38
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Education Amendment (School Providers for Overseas Students) Bill 2013
Schedule 1 Amendment of Education Act 1990 No 8
designated authority within the meaning of the Commonwealth 1
Act) would be required to certify as having been met if the Board 2
were to recommend afresh that the provider concerned be 3
registered as a provider under the Commonwealth Act. 4
83F Requirements relating to approval decisions of Board 5
(1) Before the Board makes any decision under this Part, the Board 6
must: 7
(a) cause written notice of the proposed decision to be given 8
to the provider concerned, and 9
(b) give the provider a reasonable opportunity to make 10
representations to the Board in relation to the proposed 11
decision. 12
(2) Subsection (1) (b) does not apply if the Board is of the opinion 13
that it is in the public interest for the decision to have effect 14
immediately. 15
(3) In making a decision under this Part, the Board must have regard 16
to any representations made under this section in relation to the 17
proposed decision. 18
(4) Notice of any decision under this Part by the Board, together with 19
the reasons for the decision, must be given to the provider to 20
which the decision relates. 21
(5) This section does not apply to a decision to require a provider to 22
provide further information in relation to an application for 23
approval or a decision to grant such an application 24
unconditionally. 25
83G Offences relating to advertising of courses for overseas students 26
(1) A person must not falsely advertise or otherwise falsely represent 27
that a person is or has been approved by the Board to provide a 28
course to overseas students. 29
(2) A person must not advertise or otherwise represent that a person 30
will or is, or is likely, to be approved by the Board to provide a 31
course to overseas students. 32
Maximum penalty: 200 penalty units. 33
83H Information may be given to other bodies 34
(1) The Board may disclose to any agency of the State or the 35
Commonwealth or of any other State or Territory or, to the extent 36
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Education Amendment (School Providers for Overseas Students) Bill 2013
Amendment of Education Act 1990 No 8 Schedule 1
authorised by the regulations, any other person any information 1
the Board has about or arising from: 2
(a) an application for approval under this Part, or 3
(b) the approval of providers to provide courses to overseas 4
students, or 5
(c) any action taken by the Board in relation to an approved 6
provider. 7
(2) In disclosing any information in accordance with this section or 8
under a provision of a corresponding law, the Board does not 9
contravene any obligation, whether imposed by any other Act or 10
law, not to disclose the information. 11
(3) In this section, corresponding law means the law of the 12
Commonwealth (including the Commonwealth Act), or of 13
another State or Territory, relating to education or training. 14
[5] Section 102 Functions of the Board 15
Insert after section 102 (2) (b): 16
(b1) to approve providers to provide courses to overseas 17
students under Part 7A, 18
[6] Section 107 Applications for reviews of certain decisions 19
Insert after section 107 (1) (e1): 20
(e2) a decision of the Board: 21
(i) to refuse to grant approval under Part 7A, or 22
(ii) to impose conditions on, amend, suspend or cancel 23
such an approval, 24
[7] Section 108 Determination of application by the Tribunal 25
Insert after section 108 (2): 26
(3) This section does not apply in relation to a decision of the Board 27
under Part 7A. 28
Note. Accordingly, sections 63 and 65 of the Administrative Decisions 29
Tribunal Act 1997 apply. 30
[8] Section 109 Failure of Board to make a recommendation or decision 31
Insert after section 109 (1) (c): 32
(d) an application to the Board for approval to provide courses 33
to overseas students. 34
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Education Amendment (School Providers for Overseas Students) Bill 2013
Schedule 1 Amendment of Education Act 1990 No 8
[9] Section 121 Entry to premises 1
Insert after section 121 (1): 2
(1A) For the purposes of an inspection of premises under Part 7A, a 3
Board inspector: 4
(a) is at all reasonable times to have full and free access to the 5
premises and any documents that are on the premises, and 6
(b) may remove, or make copies of, any such documents. 7
[10] Section 123 Evidence 8
Insert after section 123 (5): 9
(6) In any proceedings under this Act, a certificate purporting to be 10
authenticated by the Board, or to be signed by an officer 11
prescribed by the regulations, stating any of the following matters 12
is admissible in evidence and is prima facie evidence of the 13
matters stated in the certificate: 14
(a) that a person or body was or was not, on a day or during a 15
period specified, an approved provider (within the 16
meaning of Part 7A), 17
(b) that a person or body, as such a provider, was or was not 18
approved to provide courses generally, a specified class of 19
courses or a specified course. 20
[11] Section 131 Rules of Board 21
Omit "registration and accreditation set out in Parts 7 and 8" from 22
section 131 (1A). 23
Insert instead "registration, approval and accreditation set out in Parts 7-8". 24
[12] Schedule 3 Savings, transitional and other provisions 25
Insert at the end of clause 2 (1): 26
any other Act that amends this Act 27
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Education Amendment (School Providers for Overseas Students) Bill 2013
Amendment of Education Act 1990 No 8 Schedule 1
[13] Schedule 3, Part 12 1
Insert after Part 11 of the Schedule: 2
Part 12 Provisions consequent on enactment of 3
Education Amendment (School Providers 4
for Overseas Students) Act 2013 5
25 Definition 6
In this Part: 7
repealed Regulation means the Vocational Education and 8
Training (Commonwealth Powers) (Transitional) Regulation 9
2011. 10
26 Pending applications 11
Any application made under the repealed Regulation, but not 12
finally determined, immediately before the repeal of that 13
Regulation is taken to have been made under Part 7A of this Act. 14
27 Approvals in force under repealed Regulation 15
Any approval in force under the repealed Regulation 16
immediately before the repeal of that Regulation is taken to have 17
been granted under Part 7A of this Act. 18
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