Part 4 · Tertiary Education Quality and Standards Agency Act 2011

Contents

Part 4 · Accreditation of courses of study

Division 1 · Accrediting courses of study

45Who can accredit courses of study#

Australian universities can self-accredit courses of study

(1)Each registered higher education provider that:

(a)is registered in the “Australian University” provider category; and

(b)is:

(i)established by or under, or recognised by, a law of the Commonwealth, a State or a Territory; or

(ii)registered as a company under Part 2A.2 of the Corporations Act 2001;

is authorised to self-accredit each course of study that leads to a higher education award that it offers or confers.

(2)However, this authority is subject to section 32 (about imposing conditions on a provider’s registration).

Note: TEQSA may impose a condition restricting or removing the provider’s authority to self-accredit. TEQSA will need to consult (see section 33) and comply with the principles in Part 2 before doing so.

(2A)Subsection (1) does not apply to a registered higher education provider in the “Australian University” provider category if that provider has a specialised focus in accordance with the Threshold Standards.

(3)Subsection (1) does not limit the registered higher education providers that may be authorised to self-accredit one or more courses of study.

TEQSA can accredit courses of study

(4)Divisions 2 to 4 of this Part apply to a registered higher education provider in relation to a course of study if the provider is not authorised to self-accredit the course of study.

Division 2 · Applying for accreditation

46Applying for accreditation#

(1)A regulated entity who is, or has applied to become, a registered higher education provider may apply to TEQSA for a course of study to be accredited.

(2)An application must be:

(a)in the approved form; and

(b)accompanied by any information, documents and assistance that TEQSA requests; and

(c)accompanied by the fee determined under section 158 for a preliminary assessment under this Part.

47Preliminary assessment of application#

(1)TEQSA must, within 30 days after an application is made:

(a)advise the applicant whether its application is accompanied by sufficient information, documents and assistance; and

(b)if it is not, request that the applicant provide further information, documents or assistance.

(2)If the applicant withdraws its application, the preliminary assessment application fee is not refundable.

48Substantive assessment of application#

(1)The applicant may continue with its application by:

(a)providing any further information, documents and assistance that TEQSA requests; and

(b)paying the fee determined under section 158 for a substantive assessment under this Part.

(2)If an applicant withdraws its application, the substantive assessment application fee is not refundable.

49Accreditation of course of study#

Grant of application for accreditation

(1)Following an application for a course of study to be accredited, TEQSA may accredit the course of study in relation to the applicant if TEQSA is satisfied that:

(a)the applicant is a registered higher education provider; and

(b)the course of study meets the Threshold Standards.

Decision on application

(2)TEQSA must make a decision on the 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

(3)If TEQSA is satisfied that, for reasons beyond its control, a decision on the application cannot be made within the period mentioned in paragraph (2)(a), TEQSA may determine a longer period, not exceeding a further 9 months, within which it must make a decision on the 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).

(5)If TEQSA determines a longer period, TEQSA must, within 7 days of making the determination:

(a)notify the applicant, in writing, of the determination; and

(b)give, in writing, the reasons for the determination.

Period of accreditation

(6)If TEQSA accredits a course of study in relation to a registered higher education provider, TEQSA must also determine the period for which the course of study is accredited. The period must not exceed 7 years, but need not be for the same period for which the provider is registered.

Note 1: The period will end automatically if the provider ceases to be registered as a registered higher education provider (see paragraph 51(2)(a)).

Note 2: Accreditation can be renewed (see section 56).

Note 3: TEQSA may also impose conditions on the accreditation (see subsection 53(1)).

Note 4: The period of accreditation may be extended (see section 57A).

Decision not made

(7)TEQSA is taken to have rejected the application if a decision is not made within the period applicable under subsection (2).

50TEQSA to notify provider of decision about accreditation#

TEQSA must, within 30 days of its decision to grant or reject an application for a course of study to be accredited, notify the applicant, in writing, of:

(a)the decision; and

(b)if TEQSA grants the application—the period for which the course of study is accredited; and

(c)if TEQSA rejects the application—the reasons for the decision.

Note: TEQSA must also notify of any conditions imposed under subsection 53(1) on the accreditation (see section 54).

51Commencement and duration of accreditation#

(1)Accreditation of a course of study:

(a)commences on the first day of the period specified in the notice given under section 50; and

(b)ends at the end of the period specified in the most recent notice given under section 50 or 57 in relation to the accreditation.

(2)Paragraph (1)(b) has effect subject to the following:

(a)the accreditation ends immediately if the provider ceases to be registered as a registered higher education provider;

(b)subsection 56(3) (about renewing accreditation);

(ba)section 57A (about extending accreditation);

(c)Division 1 of Part 7 (about cancelling accreditation and other administrative sanctions).

Division 3 · Conditions of accreditation

52Complying with conditions#

A registered higher education provider must comply with any conditions imposed under subsection 53(1) on the accreditation of a course of study.

53Conditions#

(1)TEQSA may impose conditions on the accreditation of a course of study.

(2)TEQSA may, on its own initiative, vary or revoke a condition imposed under subsection (1).

(3)TEQSA may also vary or revoke a condition imposed under subsection (1) if the registered higher education provider applies for the variation or revocation.

(4)The provider’s application must be:

(a)in the approved form; and

(b)accompanied by any information, documents and assistance that TEQSA requests; and

(c)accompanied by the fee determined under section 158 for an application under this section.

54TEQSA to notify provider of decision to impose, vary or revoke a condition#

TEQSA must, within 30 days of making a decision under subsection 53(1), (2) or (3), notify the registered higher education provider, in writing, of:

(a)the decision; and

(b)the reasons for the decision; and

(c)if the decision is to impose a condition—the period for which the condition is imposed.

Division 4 · Renewing accreditation

55Applying to renew accreditation#

(1)A registered higher education provider may apply to TEQSA, in the approved form, for the renewal of the accreditation of a course of study in relation to the provider:

(a)at least 180 days before the accreditation of the course of study is to end; or

(b)within such shorter period as TEQSA allows.

(2)An application must be accompanied by the fee determined under section 158 for an application under this section.

56Renewing accreditation#

Deciding whether to grant the application

(1)Upon receiving an application for renewal of the accreditation of a course of study, TEQSA may renew the accreditation of the course of study in relation to the registered higher education provider if it is satisfied that the accredited course continues to meet the Threshold Standards.

(2)The things TEQSA may do to assist it to make a decision under subsection (1) include:

(a)requesting information, documents or assistance from the provider; and

(b)conducting an accreditation assessment.

(3)The accreditation of the course of study is taken to continue until TEQSA decides whether to renew the accreditation.

(4)If TEQSA renews the accreditation, TEQSA must determine the period for which the accreditation is renewed. The period must not exceed 7 years.

Note 1: The period will end automatically if the provider ceases to be registered as a registered higher education provider (see paragraph 51(2)(a)).

Note 2: Any conditions imposed on the accreditation, and in force immediately before its renewal, will apply to the renewed accreditation.

Proposal to reject the application

(5)If TEQSA proposes to make a decision to reject the provider’s application for renewal of the accreditation, TEQSA must give the provider:

(a)a written notice stating that TEQSA intends to make the decision for specified reasons; and

(b)a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

(6)TEQSA must consider any representations received under subsection (5).

57TEQSA to notify provider of decision about renewal#

TEQSA must, within 30 days of its decision to grant or reject an application for renewal of accreditation, notify the registered higher education provider, in writing, of:

(a)the decision; and

(b)if TEQSA grants the application—the period for which the accreditation is renewed; and

(c)if TEQSA rejects the application—the reasons for the decision.

Division 5 · Extension of accreditation period

57AExtension of accreditation period#

(1)TEQSA may extend the period of the accreditation of a course of study.

(2)The extended period may exceed 7 years.

(3)This section has effect subject to the following:

(a)the accreditation ends immediately if the provider ceases to be registered as a registered higher education provider;

(b)subsection 56(3) (about renewing accreditation);

(c)Division 1 of Part 7 (about cancelling accreditation 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.