Higher Education Act 2001 (NSW)

Higher Education Act 2001 No 102

An Act to make provision with respect to the recognition of Australian and overseas universities and higher education institutions, the accreditation of courses of study and the approval of universities and higher education institutions for the purposes of certain Commonwealth legislation; to repeal the Higher Education Act 1988; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Higher Education Act 2001.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act: Australian higher education institution means an education institution that is registered as an Australian higher education institution under Division 1 of Part 2. Australian institution means: (a) a company (including a foreign company) that is registered under the Corporations Act 2001 of the Commonwealth, or (b) any other body corporate constituted in Australia, or (c) an unincorporated body of persons associated together in Australia, or (d) any other institution established in Australia. Australian university means an education institution listed in Part 1 or 2 of Schedule 1. degree includes a degree of any kind, including an associate degree and, in particular, the degrees of doctor, master and bachelor. degree course means a course of study that leads to a degree. Department means the Department of Education. education institution means: (a) a company (including a foreign company) that is registered under the Corporations Act 2001 of the Commonwealth, or (b) any other body corporate constituted in Australia, that provides or proposes to provide courses of study. exercise a function includes perform a duty. function includes a power, authority or duty. higher education course means a course of study that leads to a higher education qualification. higher education qualification means: (a) a degree, or (b) a post-graduate qualification, or (c) a diploma or advanced diploma. National Code means the code established under Part 4 of the Commonwealth Act, as amended from time to time. National Protocols means the National Protocols for Higher Education Approval Processes (as approved by the Ministerial Council on Education, Employment, Training and Youth Affairs on 7 July 2006), as in force from time to time, and includes any guidelines established under those Protocols. overseas higher education institution means an education institution that is registered as an overseas higher education institution under Division 1 of Part 2. overseas student has the same meaning as it has in the Commonwealth Act. overseas university means an education institution that is registered as an overseas university under Division 1 of Part 2. post-graduate course means a course of study that leads to a post-graduate qualification. post-graduate qualification means: (a) any qualification that is described as a graduate diploma or a graduate certificate, or (b) any other qualification (other than a degree) that is declared by the regulations to be a post-graduate qualification, but does not include a graduate diploma or graduate certificate awarded in connection with a person's successful completion of a VET accredited course within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth. Secretary means the Secretary of the Department. the Commonwealth Act means the Education Services for Overseas Students Act 2000 of the Commonwealth. (2) For the purposes of this Act: (a) a person represents that a state of affairs exists if the person does or says anything, or causes or allows anything to be done or said, by which it is represented, or by which a belief may be induced, that the state of affairs exists, and (b) a person provides a course of study if the person enrols or registers students to undertake such a course, provides face-to-face instruction in connection with such a course or provides distance education facilities for the conduct of such a course (for example, facilities for students to undertake such a course by means of post, facsimile or electronic mail).