Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Higher Education Act 2001.
ANDREW REFSHAUGE, M.P.,Minister for Education and Training
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Higher Education Regulation 2003.
2 Commencement
This Regulation commences on 1 July 2003.
3 Definition
In this Regulation:the Act means the Higher Education Act 2001.
Part 2 Fees
4 Fees generally
(1) Subject to this Part, the fees set out in Schedule 1 are payable with respect to the matters referred to in that Schedule.(2) Despite subclause (1), the fee payable with respect to the assessment of two or more courses that are the subject of a single application for accreditation, and that are referred to the same assessment panel, is the sum of the following:(a) for the course for which the greatest assessment fee is set out in Schedule 1, the amount of that fee, and(b) for each other course, one half of the assessment fee set out in Schedule 1 in relation to that course.(3) The fees set out in Schedule 1 apply equally to applications for registration, accreditation or approval and applications for the renewal of registration, accreditation or approval.
5 Annual fees
(1) The annual registration fees referred to in Schedule 1 are payable on 31 July in each year in respect of registration that is current as at the first day of that month.(2) The annual approval fees referred to in Schedule 1 are payable on 31 July in each year in respect of courses of study for which approvals are in force as at the first day of that month.
6 Fees with respect to accreditation of courses
An application for accreditation of one or more courses of study must be accompanied by the appropriate application fees for each course of study to which the application relates.
7 Waiver, remittal, reduction and refund of fees
The Director-General may waive, remit, reduce or refund any fee that is payable under the Act.
Part 3 Savings and transitional provisions
8 Sections 14 and 15 of Act not to apply to certain matters following suspension or cancellation of registration or accreditation
(1) This clause applies in circumstances in which:(a) an education institution’s registration under the Act is suspended or cancelled, or(b) a course of study’s accreditation under the Act is suspended or cancelled in relation to an education institution.(2) Section 14 of the Act does not apply to any representation to the effect that the education institution concerned provides, or is authorised to provide, any degree or post-graduate course to persons who commenced the course before the relevant registration or accreditation was suspended or cancelled, as the case may be.(3) Section 15 of the Act does not apply to any representation to the effect that the education institution concerned is authorised to confer a degree or post-graduate qualification in relation to any degree or post-graduate course on persons who commenced the course before the relevant registration or accreditation was suspended or cancelled, as the case may be.
9 Sections 14 and 15 of Act not to apply to education institutions providing courses approved under the 1988 Act
(1) Sections 14 and 15 of the Act do not apply to an education institution referred to in Column 1 of Schedule 2, during the period from the commencement of those sections until the date specified in relation to that institution in Column 2 of that Schedule, in relation to any course of study approved under section 3 of the Higher Education Act 1988 that, immediately before the commencement of those sections, was being provided by that institution.(2) The Director-General may, by order published in the Gazette, suspend the operation of subclause (1) in relation to any specified education institution and specified course of study.(3) Section 17 of the Act applies to a decision of the Director-General to make an order under subclause (2) in the same way as it applies to a decision of the Director-General referred to in that section.
Schedule 1 Fees
(Clause 4)
Australian and overseas universities | |
Application by education institution for Minister’s recommendation under section 4 of Act | $11,000 |
Assessment of education institution in connection with application for Minister’s recommendation under section 4 of Act | $44,000 |
Application by education institution for registration as an overseas university under section 5 of Act | $11,000 |
Assessment of education institution in connection with application for registration as an overseas university under section 5 of Act | $44,000 |
Australian and overseas higher education institutions | |
Application by education institution for registration as an Australian or overseas higher education institution under section 5 of Act | $3,300 |
Annual fee for registration of education institution under section 5 of Act as an Australian or overseas higher education institution | $2,200 |
Assessment of education institution in connection with application for termination of suspension of registration under section 6 of Act | $3,300 |
Accreditation of higher education course | |
Application for accreditation of course of study under section 7 of Act (per course) | $2,200 |
Assessment of course of study in connection with application for accreditation under section 7 of Act (per course): | |
(a) Diploma or advanced diploma | $3,850 |
(b) Bachelor degree, | $5,500 |
(c) Graduate certificate, graduate diploma or other prescribed post-graduate qualification, | $3,850 |
(d) Master’s degree, | $7,700 |
(e) Doctoral degree | $7,700 |
Assessment of course of study in connection with application for termination of suspension of accreditation under section 8 of Act (per course) | $3,300 |
Approval to provide courses of study to overseas students | |
Application for approval of education institution in relation to courses of study under section 10 of Act | $5,500 |
Annual fee for approval of education institution under section 10 of Act: | |
(a) if number of courses covered by approval does not exceed 5, or | $1,100 |
(b) if number of courses covered by approval exceeds 5 | $2,200 |
Application to amend education institution’s approval to add new courses | $1,100 |
Assessment of education institution in connection with application for termination of suspension of approval under section 11 of Act | $3,300 |
Schedule 2 Education institutions temporarily exempted from sections 14 and 15
(Clause 9)
Education Institution | Date when exemption ceases |
ACPE Redlands Limited | 31 December 2006 |
Australasian Conference Association Limited | 30 June 2005 |
Australian College of Applied Psychology Pty Ltd | 30 June 2007 |
Australian Institute of Management NSW Training Centre Limited | 30 June 2006 |
Australian Institute of Police Management | 31 December 2004 |
Blue Mountains International Hotel Management School Pty Limited | 31 December 2006 |
Centre for Intermodal Systems Management | 30 June 2006 |
Chartered Secretaries Australia Ltd | 31 December 2004 |
College of Christian Higher Education Incorporated | 31 December 2005 |
College of Law Pty Limited | 31 December 2006 |
East Coast Gestalt Training Incorporated | 31 December 2004 |
Gospel Service Ministries Incorporated | 31 December 2005 |
Institute for Emotionally Focused Therapy Pty Ltd | 30 June 2004 |
Institute for Learning Difficulties Pty Ltd | 30 June 2004 |
International Conservatorium of Music (Aust) | 30 June 2005 |
Jansen Newman Institute Pty Limited | 30 June 2004 |
KvB Visual Concepts Pty Ltd | 30 June 2006 |
Moore Theological College Council | 31 December 2006 |
Morling College | 30 June 2005 |
National Art School | 31 December 2006 |
Parsifal College Limited | 30 June 2004 |
Property Council of Australia Limited | 30 June 2004 |
Royal Australian College of General Practitioners | 31 December 2006 |
Securities Institute Education | 30 June 2007 |
Snowy Mountains Institute Limited | 30 June 2004 |
Somatic Psychotherapy Training Pty Ltd | 30 June 2005 |
Sydney College of Divinity Ltd | 30 June 2006 |
Tabor College (Australia) Incorporated | 31 December 2004 |
The Australian College of Theology Council Incorporated | 31 December 2005 |
The Australian Institute of Music Limited | 31 December 2005 |
The Crucible Centre Pty Limited | 31 December 2004 |
The Institute of Chartered Accountants in Australia | 30 June 2006 |
The National Institute of Dramatic Art | 31 December 2004 |
The NSW Institute of Psychiatry | 31 December 2005 |
The Shalom Institute | 30 June 2007 |
The Sydney Graphics College Pty Ltd | 31 December 2006 |
The Sydney Institute of Business and Technology Pty Ltd | 30 June 2004 |
The Uniting Church In Australia Property Trust (NSW) | 30 June 2005 |