Contents
Division 1 · Applying for registration
18Applying for registration#
(1)A regulated entity who is, or intends to become, a higher education provider may apply to TEQSA for registration within a particular provider category.
(1A)If an application is made, the entity may also apply to TEQSA for authorisation as an authorised offshore provider.
Note: For an application for a provider to be authorised as an authorised offshore provider, see section 44B.
(2)If an application is made, the entity may also apply to TEQSA for a course of study to be accredited.
Note: For an application for a course of study to be accredited, see section 46.
19Preliminary assessment of application#
(1)TEQSA must, within 30 days after an application is made, advise the applicant:
(a)whether its application for registration in a particular provider category is appropriate, and if it is not, what provider category would be appropriate (if any); and
(b)whether an application is required for a course of study to be accredited.
(2)Before making a decision under paragraph (1)(a) about a provider category, TEQSA must:
(a)have regard to the Threshold Standards; and
(b)if the provider category applied for, or the provider category that TEQSA considers would be appropriate, is either the “Australian University” or “Overseas University” provider category:
(i)consult the Minister for each relevant State and Territory responsible for higher education; and
(ii)have regard to any advice or recommendations given by each of those Ministers.
(3)If the applicant withdraws its application, the preliminary assessment application fee is not refundable.
20Substantive assessment of application#
(1)The applicant may continue with its application by:
(a)providing any further information, documents and assistance that TEQSA requests; and
(2)When conducting the substantive assessment, TEQSA must:
(a)proceed on the basis that the application is for registration in the provider category advised as appropriate under paragraph 19(1)(a); and
(b)if that provider category is either the “Australian University” or “Overseas University” provider category:
(i)consult the Minister for each relevant State and Territory responsible for higher education; and
(ii)have regard to any advice or recommendations given by each of those Ministers.
(3)If an applicant withdraws its application, the substantive assessment application fee is not refundable.
21Registration#
Grant of application for registration
(a)the applicant meets the Threshold Standards; and
(b)the applicant, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the applicant’s affairs, is a fit and proper person; and
(c)for an applicant to which Part 5A will apply—the applicant will comply with tuition protection requirements.
Decision on application
(a)within 9 months of receiving it; or
(b)if a longer period is determined by TEQSA under subsection (3)—within that period.
For the purposes of paragraph (a), TEQSA is taken to receive the application when it receives payment of the substantive assessment application fee.
Longer period for decision on application
(4)If TEQSA determines a longer period, it must do so not later than 6 weeks before the end of the period mentioned in paragraph (2)(a).
(a)notify the applicant, in writing, of the determination; and
(b)give, in writing, the reasons for the determination.
Period of registration
(6)If TEQSA grants the applicant’s application, TEQSA must also determine the period for which the applicant is registered. The period must not exceed 7 years.
Note 1: For renewals of registration, see section 36.
Note 2: TEQSA may also impose conditions on the registration (see subsection 32(1)).
Note 3: The period of registration may be extended (see section 37A).
Decision not made
22TEQSA to notify applicant of decision about registration#
TEQSA must, within 30 days of its decision to grant or reject an application for registration as a registered higher education provider, notify the applicant, in writing, of:
(a)the decision; and
(b)if TEQSA grants the application—the following:
(i)the provider category in which the applicant is registered;
(ia)if the provider category is not the provider category that the applicant applied for under subsection 18(1)—the reasons for deciding on that category;
(ii)the period for which the applicant is registered;
(iii)whether the applicant may self-accredit one or more courses of study; and
23Commencement and duration of registration#
(1)An applicant’s registration:
(a)commences on the day specified in the notice given under section 22; and
(b)ends at the end of the period specified in the most recent notice given under section 22 or 37 in relation to the registration.
(2)Paragraph (1)(b) has effect subject to the following:
(a)subsection 36(3) (about renewing registration);
(b)section 37A (about extending registration);
(c)section 43 (about withdrawing registration);
(d)Division 1 of Part 7 (about cancelling registration and other administrative sanctions).
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.