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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Higher Education Amendment
Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Higher Education Act 2001 No 102 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2007-128-18.d09
New South Wales
Higher Education Amendment
Bill 2008
No , 2008
A Bill for
An Act to amend the Higher Education Act 2001 as a consequence of amendments
to the National Protocols for Higher Education Approval Processes that have been
approved by the Ministerial Council on Education, Employment, Training and Youth
Affairs; and for other purposes.
Clause 1 Higher Education Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Higher Education Amendment Act 2008. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Amendment of Higher Education Act 2001 No 102 6
The Higher Education Act 2001 is amended as set out in Schedule 1. 7
4 Repeal of Act 8
(1) This Act is repealed on the day following the day on which this Act 9
commences. 10
(2) The repeal of this Act does not, because of the operation of section 30 11
of the Interpretation Act 1987, affect any amendment made by this Act. 12
Page 2
Higher Education Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 3 Definitions 3
Omit the definitions of Australian university, degree and National Protocols 4
from section 3 (1). 5
Insert instead in alphabetical order: 6
Australian university means an education institution listed in 7
Part 1 or 2 of Schedule 1. 8
degree includes a degree of any kind, including an associate 9
degree and, in particular, the degrees of doctor, master and 10
bachelor. 11
National Protocols means the National Protocols for Higher 12
Education Approval Processes (as approved by the Ministerial 13
Council on Education, Employment, Training and Youth Affairs 14
on 7 July 2006), as in force from time to time, and includes any 15
guidelines established under those Protocols. 16
[2] Section 4 17
Omit the section. Insert instead: 18
4 Australian universities 19
(1) On the recommendation of the Minister, the Governor may, by 20
proclamation published in the Gazette, amend Schedule 1 so as: 21
(a) to include the name of an education institution in Part 1 or 22
2 of that Schedule, or 23
(b) to vary the name of an education institution listed in Part 1 24
or 2 of that Schedule as a consequence of any change in its 25
corporate name, or 26
(c) to omit the name of an education institution from Part 1 or 27
2 of that Schedule. 28
(2) A recommendation to include the name of an education 29
institution in Part 1 of Schedule 1 may be given only in relation 30
to an education institution that is established or recognised as a 31
university: 32
(a) by an Act of the Commonwealth, or 33
(b) by an Act of this or some other State or Territory. 34
Page 3
Higher Education Amendment Bill 2008
Schedule 1 Amendments
(3) A recommendation to omit the name of an education institution 1
from Part 1 of Schedule 1 may be given only in relation to an 2
education institution that is no longer established or recognised as 3
a university by an Act referred to in subsection (2) (a) or (b). 4
(4) In deciding whether to make a recommendation: 5
(a) to include the name of an education institution in Part 2 of 6
Schedule 1, or 7
(b) to vary the name of an education institution listed in Part 2 8
of Schedule 1, or 9
(c) to omit the name of an education institution from Part 2 of 10
Schedule 1, 11
the Minister must have regard to the National Protocols, any 12
guidelines made for the purposes of section 19 (1) (a) and any 13
regulations made for the purposes of section 25 (1) (a). 14
(5) A proclamation is not invalid only because of a failure of the 15
Minister to comply with the requirements of subsection (4). 16
[3] Section 5 Registration of higher education institutions and overseas 17
universities 18
Insert "as an Australian higher education institution" after "section" in section 19
5 (4). 20
[4] Section 5 (5A) 21
Insert after section 5 (5): 22
(5A) In deciding whether to register an education institution, or what 23
conditions to impose on its registration, the Director-General 24
must have regard to the National Protocols. 25
[5] Section 7 Accreditation of higher education courses 26
Insert "or may authorise the institution to accredit any such course" after 27
"higher education course" in section 7 (1). 28
[6] Section 7 (2), (3) and (4) 29
Insert "or institution, as the case requires," after "Director-General" wherever 30
occurring. 31
Page 4
Higher Education Amendment Bill 2008
Amendments Schedule 1
[7] Section 7 (3A) 1
Insert after section 7 (3): 2
(3A) In deciding whether to accredit a course of study, or what 3
conditions to impose on its accreditation, the Director-General or 4
institution, as the case requires, must have regard to the National 5
Protocols. 6
[8] Section 14 Unlawful provision of higher education courses 7
Omit section 14 (b). Insert instead: 8
(b) in the case of a course provided otherwise than by an 9
Australian university: 10
(i) the course is accredited under Division 2 in relation 11
to the institution, or 12
(ii) if the institution is an overseas university or higher 13
education institution, the course is approved in 14
accordance with the National Protocols. 15
[9] Section 15 Unlawful conferral of higher education qualifications 16
Omit section 15 (1) (c). Insert instead: 17
(c) in the case of a degree or post-graduate qualification 18
conferred, otherwise than by an Australian university, in 19
connection with a person's successful completion of a 20
higher education course: 21
(i) the course was or is, as the case requires, accredited 22
under Division 2 in relation to the institution, or 23
(ii) if the institution was or is an overseas university or 24
higher education institution, the course was or is, as 25
the case requires, approved in accordance with the 26
National Protocols. 27
[10] Section 18 Register of higher education institutions 28
Omit "accredited in relation to an education institution as a higher education 29
course under Division 2" from section 18 (1) (b). 30
Insert instead "accredited by the Director-General under Division 2 in relation 31
to an education institution". 32
Page 5
Higher Education Amendment Bill 2008
Schedule 1 Amendments
[11] Section 19 Administrative guidelines 1
Omit section 19 (1) (a). Insert instead: 2
(a) the procedure for assessing a proposal to recommend the 3
making of a proclamation under section 4 (1), 4
[12] Section 25 Regulations 5
Omit section 25 (1) (a). Insert instead: 6
(a) the procedure for assessing a proposal to recommend the 7
making of a proclamation under section 4 (1), 8
[13] Section 25 (1) (i) 9
Omit "on". Insert instead "of". 10
[14] Schedule 1 Australian universities 11
Insert at the beginning of the Schedule: 12
Part 1 Universities established or recognised by 13
an Act 14
[15] Schedule 1 15
Omit "Victoria University of Technology" from the matter appearing under 16
the heading Victoria. 17
Insert instead "Victoria University". 18
[16] Schedule 1 19
Omit "Northern Territory University" from the matter appearing under the 20
heading Northern Territory. 21
Insert instead "Charles Darwin University". 22
[17] Schedule 1 23
Insert at the end of the Schedule: 24
Part 2 Universities established or recognised 25
otherwise than by an Act 26
Page 6
Higher Education Amendment Bill 2008
Amendments Schedule 1
[18] Schedule 3 Savings and transitional provisions 1
Insert at the end of clause 1 (1): 2
Higher Education Amendment Act 2008 3
Page 7
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