Universities Registration Act 1995

Universities Registration Act 1995

An Act to provide for the registration of certain institutions as universities and to protect the use of certain terms

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Universities Registration Act 1995 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

[Section 3 Amended by No. 44 of 1997, s. 4, Applied:13 Nov 1997] In this Act –

authorised person means a person authorised under section 9 to carry out an inspection, examination or review;

[Section 3 Amended by No. 44 of 1997, s. 4, Applied:13 Nov 1997] [Section 3 Amended by No. 24 of 2001, s. 4, Applied:26 Apr 2001]

[Section 3 Amended by No. 24 of 2001, s. 4, Applied:26 Apr 2001] award means –

(a) an award of a diploma or advanced diploma; or

(b) an award of a graduate diploma or graduate certificate; or

(c) an award of a bachelor degree, masters degree or doctoral degree; or

(d) a prescribed award;

[Section 3 Amended by No. 44 of 1997, s. 4, Applied:13 Nov 1997] certificate of registration means a certificate of registration in force under Division 3 of Part 2 ;

Council means the Universities Registration Council established under section 5 ;

[Section 3 Amended by No. 44 of 1997, s. 4, Applied:13 Nov 1997] foreign university means a university that is established recognised as such in a foreign country;

institution includes a person or body;

private university means a university which –

(a) is established, recognised or registered under an Act of the Commonwealth or a State or Territory of the Commonwealth; and

(b) is not specified in section 4 (1) of the Higher Education Funding Act 1988 of the Commonwealth;

[Section 3 Amended by No. 44 of 1997, s. 4, Applied:13 Nov 1997] provides includes offers or conducts;

[Section 3 Amended by No. 44 of 1997, s. 4, Applied:13 Nov 1997] registered institution means an institution that –

(a) is not a registered university; and

(b) provides university-level courses; and

(c) is registered as a registered institution under Division 3 of Part 2 ;

[Section 3 Amended by No. 44 of 1997, s. 4, Applied:13 Nov 1997] registered university means an institution registered as a registered university under Division 3 of Part 2 ;

Registrar means a person appointed as Registrar under section 7 ;

[Section 3 Amended by No. 44 of 1997, s. 4, Applied:13 Nov 1997] registration means a registration as a –

(a) registered university; or

(b) registered institution;

[Section 3 Amended by No. 44 of 1997, s. 4, Applied:13 Nov 1997] university-level course means a course of study that –

(a) is provided by a registered university or a registered institution; and

(b) is specified in or endorsed on the certificate of registration in respect of that university or institution; and

(c) leads to the conferral of an award;

[Section 3 Amended by No. 24 of 2001, s. 4, Applied:26 Apr 2001] vocational education and training means vocational education and training within the meaning of the Vocational Education and Training Act 1994 ;

[Section 3 Amended by No. 24 of 2001, s. 4, Applied:26 Apr 2001] vocational education and training authority means  –

(a) the Tasmanian Accreditation and Recognition Committee continued under section 17 of the Vocational Education and Training Act 1994 ; or

(b) a committee, authority or other body constituted or recognised under an Act of another State or a Territory of the Commonwealth and having the same or similar functions to those of the Tasmanian Accreditation and Recognition Committee.

4.   Non-application of Act

(1)  This Act does not apply to –

(a) [Section 4 Subsection (1) amended by No. 44 of 1997, s. 5, Applied:13 Nov 1997] a university established or registered under an Act of the Commonwealth or a State or Territory of the Commonwealth other than this State; or

(b) [Section 4 Subsection (1) amended by No. 44 of 1997, s. 5, Applied:13 Nov 1997] an institution established under an Act of the Commonwealth or a State or Territory of the Commonwealth; or

(c) [Section 4 Subsection (1) amended by No. 44 of 1997, s. 5, Applied:13 Nov 1997] a foreign university declared by the Council to be an institution to which this Act does not apply; or

(d) [Section 4 Subsection (1) amended by No. 24 of 2001, s. 5, Applied:26 Apr 2001] a body or training provider established or registered under an Act of the Commonwealth or a State or Territory of the Commonwealth for the provision of vocational education and training, except in so far as –

(i) the body or training provider offers or conducts a course of study leading to the conferral of an award by the body or training provider; and

(ii) the award is not of a type accredited or recognised by vocational education and training authorities; or

(e) a prescribed institution.

(2)  [Section 4 Subsection (2) omitted by No. 44 of 1997, s. 5, Applied:13 Nov 1997] .  .  .  .  .  .  .  .  

PART 2 - Registration of Institutions

Division 1 - Universities Registration Council

5.   Universities Registration Council

(1)  There is established a Universities Registration Council consisting of 6 persons appointed by the Minister of whom –

(a) one is the chairperson; and

(b) one is a person employed in the Department; and

(c) [Section 5 Subsection (1) amended by No. 24 of 2001, s. 6, Applied:26 Apr 2001] one is a person nominated by a university established or registered under an Act of the Commonwealth or a State or Territory of the Commonwealth; and

(d) one is a person nominated by a private university; and

(e) 2 are persons who the Minister considers have appropriate knowledge or experience.

(2)  Schedule 1 has effect with respect to membership of the Council.

(3)  Schedule 2 has effect with respect to meetings of the Council.

6.   General functions and powers of Council

(1)  The Council has the following functions:

(a) [Section 6 Subsection (1) amended by No. 44 of 1997, s. 7, Applied:13 Nov 1997] to hear and determine applications for registration of institutions;

(b) [Section 6 Subsection (1) amended by No. 44 of 1997, s. 7, Applied:13 Nov 1997] to advise the Minister on any matter relating to registration of institutions.

(2)  The Council may do anything necessary or convenient to perform its functions.

7.   Registrar

(1)  [Section 7 Subsection (1) amended by No. 24 of 2001, s. 7, Applied:26 Apr 2001] The Secretary may appoint a person employed in the Department, or another person, to be the Registrar.

(2)  [Section 7 Subsection (2) substituted by No. 24 of 2001, s. 7, Applied:26 Apr 2001] If the person appointed as Registrar is employed in the Department, he or she holds that office in conjunction with his or her position in the Department.

(3)  The Registrar is to –

(a) keep full and correct details of the proceedings of the Council; and

(b) perform any other function the Council directs.

8.   Advisory committees

(1)  The Council may establish advisory committees to assist in its functions and powers under this Act.

(2)  The Council may appoint persons as members of an advisory committee on any terms and conditions it considers appropriate.

Division 2 - Inspections, examinations and reviews

9.   Inspections, examinations and reviews

(1)  The Council may authorise a person to carry out any –

(a) [Section 9 Subsection (1) amended by No. 44 of 1997, s. 8, Applied:13 Nov 1997] inspection of the premises of any institution applying for registration, renewal of registration or variation of registration; and

(b) examination to determine any matter specified in section 14 (1) ; and

(c) [Section 9 Subsection (1) amended by No. 44 of 1997, s. 8, Applied:13 Nov 1997] review of a registered university or a registered institution.

(2)  [Section 9 Subsection (2) amended by No. 44 of 1997, s. 8, Applied:13 Nov 1997] An authorised person must carry out any inspection, examination or review in accordance with any instructions the Council issues.

(3)  [Section 9 Subsection (3) inserted by No. 44 of 1997, s. 8, Applied:13 Nov 1997] The Council may direct an authorised person to carry out a review for all or any of the following purposes:

(a) to determine whether or not the registered university or registered institution is complying with any condition of its registration;

(b) to monitor the standard of any university-level course provided under that registration;

(c) to monitor the appropriateness of any award conferred or proposed to be conferred in respect of a course provided under that registration.

(4)  [Section 9 Subsection (4) inserted by No. 44 of 1997, s. 8, Applied:13 Nov 1997] A review may include an examination or inspection.

(5)  [Section 9 Subsection (5) inserted by No. 44 of 1997, s. 8, Applied:13 Nov 1997] An authorised person carrying out a review is to give the Council a report of the findings of the review.

10.   Certificate of authority

(1)  The Council is to issue a certificate of authority to an authorised person.

(2)  A certificate of authority –

(a) [Section 10 Subsection (2) amended by No. 44 of 1997, s. 9, Applied:13 Nov 1997] has effect in respect of the premises, institution, registered institution or registered university specified in the certificate; and

(b) remains in force for the period specified in the certificate.

11.   Powers of authorised person

(1)  An authorised person, at any reasonable time, may –

(a) [Section 11 Subsection (1) amended by No. 44 of 1997, s. 10, Applied:13 Nov 1997] enter, search and inspect premises of an institution, registered institution or registered university; and

(b) inspect, take copies of or by warrant seize any records or documents kept on those premises; and

(c) require any person to give any assistance reasonably necessary to carry out any inspection, examination or review.

(2)  A person must produce the certificate of authority before exercising any of the powers specified in subsection (1) .

(3)  A person must not hinder or obstruct a person lawfully exercising any powers under subsection (1) .

Penalty:  Fine not exceeding 10 penalty units.

12.   Fees for inspection and examination

If an inspection or examination is carried out in respect of an institution, that institution must pay –

(a) the prescribed fee; or

(b) if the actual costs and expenses incurred in carrying out the inspection or examination are more than the prescribed fee, those costs and expenses.

Division 3 - Registration

13.   Application for registration

(1)  [Section 13 Subsection (1) amended by No. 44 of 1997, s. 12, Applied:13 Nov 1997] An institution must not operate as a university or part of a university unless it is registered as a registered university.

Penalty:  Fine not exceeding 200 penalty units.

(1A)  [Section 13 Subsection (1A) inserted by No. 44 of 1997, s. 12, Applied:13 Nov 1997] An institution must not purport to offer or conduct a university-level course unless the institution is registered as a –

(a) registered university; or

(b) registered institution.

Penalty:  Fine not exceeding 200 penalty units.

(2)  [Section 13 Subsection (2) substituted by No. 44 of 1997, s. 12, Applied:13 Nov 1997] An institution may apply to the Council to be registered as a –

(a) registered university; or

(b) registered institution.

(3)  An application is to be –

(a) in writing in a form approved by the Council; and

(b) accompanied by the prescribed fee; and

(c) lodged with the Council within the prescribed period.

14.   Grant of application

(1)  [Section 14 Subsection (1) amended by No. 44 of 1997, s. 13, Applied:13 Nov 1997] In determining an application by an institution for registration, the Council is to consider the following matters:

(a) the views or recommendations of any relevant industrial or professional body in respect of any course of study to be offered by the institution;

(b) the standard, scope and content of any course of study to be offered by the institution;

(c) the proposed method of delivering any course of study to be offered by the institution;

(d) the proposed method of assessment in respect of any course of study to be offered by the institution;

(e) the type of award proposed for the successful completion of any course of study to be offered by the institution;

(f) the academic, financial and staffing resources available to the institution;

(g) the facilities to be provided by that institution;

(h) the financial viability of the institution;

(i) any safeguards proposed by the institution in respect of fees paid if the institution closes, becomes bankrupt or insolvent;

(j) any other prescribed matter.

(2)  After considering the matters specified in subsection (1) , the Council may –

(a) [Section 14 Subsection (2) amended by No. 44 of 1997, s. 13, Applied:13 Nov 1997] grant the application for registration subject to any condition the Council considers appropriate; or

(b) refuse to grant the application.

(3)  The Council must determine an application within the prescribed period.

(4)  [Section 14 Subsection (4) omitted by No. 44 of 1997, s. 13, Applied:13 Nov 1997] .  .  .  .  .  .  .  .  

(5)  The Council, by notice in writing, must notify the applicant of –

(a) a refusal to grant an application; and

(b) the reasons for that refusal.

15.   Certificate of registration

(1)  [Section 15 Subsection (1) amended by No. 44 of 1997, s. 14, Applied:13 Nov 1997] On granting an application by an institution for registration, the Council is to issue a certificate of registration to the institution.

(2)  A certificate of registration is to –

(a) be in a form approved by the Minister; and

(ab) [Section 15 Subsection (2) amended by No. 44 of 1997, s. 14, Applied:13 Nov 1997] specify the type of registration; and

(b) [Section 15 Subsection (2) amended by No. 44 of 1997, s. 14, Applied:13 Nov 1997] specify any university-level course to be provided under that registration and the award to be conferred in respect of that course; and

(c) state any condition of the registration.

16.   Period of registration

[Section 16 Amended by No. 44 of 1997, s. 15, Applied:13 Nov 1997] A registration remains in force for the period specified in the certificate of registration, unless sooner cancelled.

17.   

18.   Cancellation of registration

(1)  [Section 18 Subsection (1) amended by No. 44 of 1997, s. 17, Applied:13 Nov 1997] The Council may cancel the registration of an institution.

(2)  Before cancelling the registration of an institution, the Council must direct an authorised person to carry out a review.

(3)  In carrying out a review, the authorised person is to take into account the matters referred to in section 14 (1) .

18A.   Application for renewal of registration

[Section 18A Inserted by No. 44 of 1997, s. 18, Applied:13 Nov 1997]

(1)  A registered university or a registered institution may apply to the Council for the renewal of its registration.

(2)  An application is to be –

(a) in writing in a form approved by the Council; and

(b) accompanied by the prescribed fee; and

(c) lodged with the Council within the prescribed period.

18B.   Review for purposes of renewal

[Section 18B Inserted by No. 44 of 1997, s. 18, Applied:13 Nov 1997]

(1)  On receiving an application for renewal of registration, the Council must direct an authorised person to carry out a review.

(2)  A review may include –

(a) an examination of any matter specified in section 14(1) ; and

(b) an inspection of premises.

(3)  In determining an application, the Council is to consider the report of the findings of the review.

18C.   Determination of application for renewal

[Section 18C Inserted by No. 44 of 1997, s. 18, Applied:13 Nov 1997]

(1)  After considering the report referred to in section 18B(3) , the Council may –

(a) grant the application for renewal of registration, subject to any condition the Council considers appropriate; or

(b) refuse to grant the application.

(2)  The Council must determine an application within the prescribed period.

(3)  The Council, by notice in writing, must notify the applicant of –

(a) a refusal to grant an application; and

(b) the reasons for that refusal.

18D.   Application for variation of registration

[Section 18D Inserted by No. 44 of 1997, s. 18, Applied:13 Nov 1997]

(1)  A registered university or a registered institution must apply to the Council for a variation of its registration –

(a) if that registered university or registered institution ceases to –

(i) provide any university-level course specified in or endorsed on the certificate of registration in respect of that registered university or registered institution; or

(ii) confer any award specified in or endorsed on that certificate of registration; or

(b) if that registered university or registered institution seeks to –

(i) provide any additional or substitute university-level course; or

(ii) confer any additional or substitute award; or

(c) if directed to by the Council after notifying the Council of any change or proposed change under subsection (2) .

(2)  A registered university or a registered institution must notify the Council, by notice in writing, of any significant change or proposed change in respect of any matter specified in section 14(1) .

(3)  A notice is to specify –

(a) full details of the change or proposed change; and

(b) how the change or proposed change may affect –

(i) the operation of the institution as a registered university or registered institution; and

(ii) the provision of university-level courses by that registered university or registered institution.

18E.   Review for purposes of variation

[Section 18E Inserted by No. 44 of 1997, s. 18, Applied:13 Nov 1997]

(1)  On receiving an application for variation of registration, the Council must direct an authorised person to carry out a review.

(2)  A review may include –

(a) an examination of any matter specified in section 14(1) ; and

(b) an inspection of premises.

(3)  In determining an application, the Council is to consider the report of the findings of the review.

18F.   Determination of application for variation

[Section 18F Inserted by No. 44 of 1997, s. 18, Applied:13 Nov 1997]

(1)  After considering the report referred to in section 18E(3) , the Council may –

(a) grant the application for variation of registration, subject to any condition the Council considers appropriate; or

(b) refuse to grant the application.

(2)  The Council must determine an application within the prescribed period.

(3)  The Council, by notice in writing, must notify the applicant of –

(a) a refusal to grant an application; and

(b) the reasons for that refusal.

18G.   Variation of registration

[Section 18G Inserted by No. 44 of 1997, s. 18, Applied:13 Nov 1997] The Council may vary a registration by –

(a) endorsing on the certificate of registration the following:

(i) the university-level courses to be provided under that registration;

(ii) the awards to be conferred in respect of those courses; and

(b) amending the register referred to in section 20(1) .

18H.   Reviews

[Section 18H Inserted by No. 44 of 1997, s. 18, Applied:13 Nov 1997] [Section 18H Substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] An institution, a registered university or a registered institution may apply to the Magistrates Court (Administrative Appeals Division) for a review of –

(a) the refusal to grant an application by the institution for registration; or

(b) the refusal to grant an application by the registered university or registered institution for the renewal of its registration; or

(c) the refusal to grant an application by the registered university or registered institution for a variation of its registration; or

(d) the cancellation of its registration.

PART 3 - Miscellaneous

19.   Change of ownership

[Section 19 Substituted by No. 44 of 1997, s. 19, Applied:13 Nov 1997] A registered university or a registered institution must notify the Council of any change of ownership of the university or institution within 28 days of that change.

Penalty:  Fine not exceeding 50 penalty units.

20.   Register of registered universities and registered institutions

(1)  [Section 20 Subsection (1) amended by No. 44 of 1997, s. 20, Applied:13 Nov 1997] The Registrar is to establish and maintain a register of registered universities and registered institutions.

(2)  The Registrar is to enter in the register the following details:

(a) the name and address of the institution;

(b) the date of the registration of the institution;

(ba) [Section 20 Subsection (2) amended by No. 44 of 1997, s. 20, Applied:13 Nov 1997] the date on which a registration is varied;

(c) the date on which the registration expires;

(d) [Section 20 Subsection (2) amended by No. 44 of 1997, s. 20, Applied:13 Nov 1997] any university-level course to be provided under the registration and any award to be conferred in respect of that course;

(e) the particulars of any condition of the registration;

(f) a summary of the matters referred to in section 14 (1) ;

(g) any change of ownership of the institution;

(h) any other matter the Council determines.

(3)  The Registrar is to remove from the register an entry relating to an institution if the registration in respect of that institution is cancelled under section 18 .

(4)  [Section 20 Subsection (4) inserted by No. 44 of 1997, s. 20, Applied:13 Nov 1997] The Registrar is to amend any entry in the register if the registration of an institution has been varied under section 18G .

21.   Conferral of awards

[Section 21 Substituted by No. 44 of 1997, s. 21, Applied:13 Nov 1997]

(1)  An institution, other than a registered university or registered institution, must not –

(a) confer or offer to confer an award; or

(b) offer or conduct a course of study leading to the conferral of an award by that institution; or

(c) represent in any manner that a course of study offered or conducted by that institution entitles a person completing that course to the conferral of an award by that institution.

Penalty:  Fine not exceeding 200 penalty units.

(2)  A registered university or registered institution may only confer, or offer to confer, an award or provide, or purport to provide, a university-level course if that award or course is specified in or endorsed on the certificate of registration in respect of that university or institution.

22.   Limitation on use of "university"

[Section 22 Substituted by No. 44 of 1997, s. 22, Applied:13 Nov 1997]

(1)  An institution, other than a registered university or a prescribed institution, must not use the word "university" or "universities" in any part of its title or description of the institution.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Any institution that offers or conducts a course of study that is not a university-level course must not use the word "university" or "universities" in any part of the title or description of that course.

Penalty:  Fine not exceeding 50 penalty units.

23.   False or misleading statements

A person, in giving any information or lodging any application under this Act, must not –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without it the statement is misleading.

Penalty:  Fine not exceeding 50 penalty units.

24.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  The regulations may apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.

(3)  The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

25.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

(a) the administration of this Act is assigned to the Minister for Education and the Arts; and

(b) the Department responsible to that Minister in relation to the administration of this Act is the Department of Education and the Arts.

SCHEDULE 1 - Membership of Council

Section 5 (2)

1.   Interpretation

In this Schedule, member means a member of the Council.

2.   Term of office

A member is to be appointed for the period, not exceeding 3 years, specified in the member's instrument of appointment.

3.   Holding other office

The holder of an office who is required under any Act to devote the whole of the time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

4.   Remuneration of members

A member is entitled to be paid any remuneration (including travelling and subsistence allowances) the Minister determines.

5.   Vacation of office

(1) A member vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

(2) The Minister may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Council without the permission of the Council; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or

(d) is convicted of an offence against this Act.

(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

6.   Filling of vacancies

If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

7.   Presumptions

In any proceedings by or against the Council, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Council; or

(b) any resolution of the Council; or

(c) the appointment of any member; or

(d) the presence of a quorum at any meeting of the Council.

SCHEDULE 2 - Meetings of Council

Section 5 (3)

1.   Interpretation

In this Schedule, member means a member of the Council.

2.   Convening of meetings

A meeting of the Council may be convened by the chairperson or by any 3 members.

3.   Procedure at meetings

(1) The quorum at any duly convened meeting of the Council is 4 members.

(2) Any duly convened meeting of the Council at which a quorum is present is competent to transact any business of the Council.

(3) A question arising at a meeting of the Council is to be determined by a majority of votes of the members present and voting.

4.   Chairperson

(1) The chairperson of the Council is to preside at the meetings of the Council.

(2) If the chairperson of the Council is not present at a meeting of the Council, a member elected by the members present is to preside at that meeting.

5.   Minutes

The Council is to cause full and accurate minutes to be kept of its proceedings at meetings and must submit to the Minister a copy of the minutes of each meeting within 14 days after the date on which the meeting is held.

6.   General procedure

Subject to this Schedule, the procedures for the calling of, and for the conduct of business at, meetings of the Council are as the Council determines.

7.   Validity of proceedings

(1) An act or proceeding of the Council or of a person acting under the direction of the Council is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Council.

(2) An act or proceeding of the Council or of a person acting under the direction of the Council is valid even if –

(a) the appointment of a member of the Council was defective; or

(b) a person appointed as a member of the Council was disqualified from acting as, or incapable of being, such a member.