Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-1 - HIGHER EDUCATION PROVIDERS  

Division 19 - What are the quality and accountability requirements?  

Subdivision 19-E - The compliance requirements  

SECTION 19-82   Compliance notices  

Grounds for giving a compliance notice

19-82(1)    
The Minister may give a higher education provider a written notice (a compliance notice ) in accordance with this section if the Minister is satisfied that the provider has not complied with, or is aware of information that suggests that the provider may not comply with, one or more of the following:

(a) this Act or the regulations;

(b) the Guidelines made under section 238-10 that apply to the provider;

(c) a condition imposed on the provider ' s approval as a higher education provider.

Content of compliance notice

19-82(2)    
The compliance notice must:

(a) set out the name of the provider to which the notice is given; and

(b) set out brief details of the non-compliance or possible non compliance; and

(c) specify action that the provider must take, or refrain from taking, in order to address the non-compliance or possible non-compliance; and

(d) specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

(e) if the Minister considers it appropriate - specify a reasonable period within which the provider must provide the Minister with evidence that the provider has taken, or refrained from taking, the specified action; and

(f) in any case - state that a failure to comply with the notice is a breach of a *quality and accountability requirement which may lead to the provider ' s approval as a higher education provider being suspended or revoked; and

(g) in any case - set out any other matters specified in the Higher Education Provider Guidelines for the purposes of this paragraph.

Matters that Minister must consider in giving compliance notice

19-82(3)    
In deciding whether to give the compliance notice, the Minister must consider all of the following matters:

(a) whether the non-compliance or possible non compliance is of a minor or major nature;

(b) the period for which the provider has been approved as a higher education provider;

(c) the provider ' s history of compliance with:

(i) this Act and the regulations; and

(ii) the Guidelines made under section 238-10 that apply to the provider; and

(iii) any conditions imposed on the provider ' s approval as a higher education provider;

(d) the impact of the higher education provider ' s non-compliance or possible non-compliance, and of the proposed compliance notice, on:

(i) the provider ' s students; and

(ii) the provision of higher education generally;

(e) the public interest;

(f) any other matter specified in the Higher Education Provider Guidelines for the purposes of this paragraph.

Higher Education provider to comply with compliance notice

19-82(4)    

A higher education provider must comply with a compliance notice given to the provider under this section.

Civil penalty: 60 penalty units.

Variation and revocation of compliance notice

19-82(5)    
The Minister may, by written notice given to the higher education provider, vary or revoke a compliance notice if, at the time of the variation or revocation, the Minister considers that taking such action is in the public interest.

Note:

A variation could, for example, specify different action to be taken by the provider or a different period for complying with the notice.

19-82(6)    
In deciding whether to vary or revoke the compliance notice, the Minister must consider any submissions that are received from the higher education provider before the end of the period mentioned in paragraph (2)(d).

Compliance notice not required before suspending or revoking approval

19-82(7)    
To avoid doubt, the Minister need not give a compliance notice under this section before suspending or revoking the provider ' s approval as a higher education provider in accordance with Division 22 .