House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Education, Science and Training, the Honourable Julie Bishop MP)

Schedule 8-Regulation of higher education in external territories

Higher Education Support Act 2003

Item 1 At the end of Division 217

Chapter 6 of the Act provides for approval as self-accrediting entities and for the accreditation of courses of study in external Territories. Item 1 inserts a new section 217-5 in Division 217 of Chapter 6 to provide that matters relating to the provision of higher education in the external Territories are also dealt with in the Higher Education in External Territories Guidelines made by the Minister under section 238-10.

Item 2 Section 225-1

Renames the provisions of section 225-1 as subsection 225-1(1) to reflect the addition of subsections 225-1(2) and (3) by item 3.

Item 3 At the end of section 225-1

Inserts new subsections 225-1(2) and (3) to clarify the process of applying for approval as a self-accrediting entity or for accreditation of a course in an external Territory.

Proposed subsection 225-1(2) provides that an application under section 225-1 must be in the form approved by the Minister and must be accompanied by the information (if any) specified in the Higher Education in External Territories Guidelines.

Proposed subsection 225-1(3) provides that the Higher Education in External Territories Guidelines may provide for matters relating to applications under section 225-1, including matters relating to either or both of the following:

•

requests by the Minister for further information.

•

processes and deadlines that applicants must comply with.

Item 4 Paragraphs 225-5(b), 225-10(b), 225-20(1)(b) and 225-20(2)(b)

Amends paragraphs 225-5(b), 225-10(b), 225-20(1)(b) and 225-20(2)(b) to reflect the amendments made by item 3; i.e. to reflect the role of the new Higher Education in External Territories Guidelines in the approval and accreditation process.

Items 5 to 8 Subsections 225-25(1) and (2)

Amend subsections 225-25(1) and (2) to reflect that rules relating to fees payable in respect of applications made under section 225-1 are set out in the Higher Education in External Territories Guidelines rather than in the regulations.

Fees are being set out in the Higher Education in External Territories Guidelines rather than in the regulations for consistency with the revised National Protocols for Higher Education Approval Processes and to improve flexibility in administering section 225-1. As legislative instruments, the Higher Education in External Territories Guidelines will be disallowable by either House of Parliament.

Item 9 Subsection 238-10(1) (after table item 6)

The table in subsection 238-10(1) lists the Guidelines the Minister may make for the purposes of administering the Act. Item 9 inserts a new table item 6A to give the Minister the discretion to make Higher Education in External Territories Guidelines for the purposes of administering Chapter 6.