Frequently Asked Questions (FAQ)

What is the purpose of the Act?

The objectives of the Northern Territory Higher Education Act 2004 are to:

Uphold the standards of education provided by higher education institutions operating in the Territory; and
Maintain public confidence in the higher education sector in the Northern Territory.

What is the purpose of the regulations?

The purpose of the Higher Education Regulations is to set fees for approval in line with the National Protocols for Higher Education Approval Processes and consistent with other jurisdictions in Australia. The fees are set on a partial cost-recovery basis.

What are the protocols?

The National Protocols for Higher Education Approval Processes 2001 were agreed to by the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA). In July 2006, Ministers agreed to a revised set of National Protocols for Higher Education Approval Processes, effective from 1 January 2008.

The National Protocols and Guidelines are designed to ensure that there are consistent criteria and standards for approval of higher education across Australia. All Australian States and Territories have developed procedures in line with the Protocols.

Who is affected by the Act and regulations?

The Act and regulations affect higher education providers operating in the Northern Territory and, indirectly, their students. Higher education providers are bodies established or recognised by or under the law of the Commonwealth, States or Territories. The provider must be approved before it can issue higher education qualifications as a Northern Territory accredited provider, receive grants or its students receive assistance from the Commonwealth.

All new universities, and new and existing non-university higher education providers operating in the NT and offering courses leading to Australian higher education qualifications, are subject to the approval arrangements.

What do non-university providers need to do?

Higher education providers that are not universities are required to apply for approval, pay the application fee and achieve approval if they are to continue to provide higher education services in the Northern Territory. Achieving approval will assure providers that their services are of a quality consistent with those provided by their interstate counterparts.

What do interstate and overseas universities need to do?

Universities that want to deliver higher education from a Northern Territory location must apply to the Minister in writing for approval to operate. More information can be found in the National Protocols for Higher Education Approval Processes and the Higher Education Act.

What about Mutual Recognition?

Interstate non-self accrediting providers intending to offer a course in the Northern Territory that is already accredited in their home jurisdiction can apply for accreditation through a mutual recognition process. The process acknowledges the accreditation of the course and some aspects of the provider by the other jurisdiction.

Can providers market their courses before they are approved?

Applicants in the process of approval should refrain from making any public statement or advertisement that falsely implies a course is approved, or that the applicant is authorised to confer the award, until the Minister has formally granted the approval of a course. This includes advertising or promoting a course as ‘subject to approval’.

The Act contains penalties for offering or advertising the offering of a course or the conferring of an award before it has been approved.

What do the Act and regulations mean for students?

Students will be assured that their higher education awards are of a recognised and consistent quality, and that approved higher education providers operating in the NT are operating at a standard comparable to other approved institutions across Australia.

What are the approval criteria for non-university providers?

Under the protocols, the broad approval criteria for non-university providers are:

The course design and content should satisfy the requirements set in the Australian Qualifications Framework for the award level.
The course should be comparable in requirements and learning outcomes to a course at the same level in a similar field at an Australian university.
The delivery arrangements, including institutional governance, facilities, staffing and student services, must be appropriate to higher education and enable successful delivery of the course at the level proposed.
The provider should have appropriate financial and other arrangements to permit the successful delivery of the course, and must be a fit and proper person to accept responsibility for the course.

What are the fees?

Description	Fee Level
University Application Fee	$42 700
Second University Application where first was unsuccessful (within six months)	$21 360
Overseas Institution - one course (up to five-year approval)	$14 700
Overseas Institution additional course assessed by the same panel	$3 675
Non-university Provider - one course Modified Approval (up to five-year approval)	$3 250
Non-university Provider - one course approved under corresponding law (mutual recognition - up to five-year approval)	$6 500
Non-university Provider - one course concurrent application - NT is not the receiving authority (up to five-year approval)	$6 500
Non-university Provider - one course (up to five-year approval)	$14 700
Non-university Provider - additional courses modified approval process (up to five-year approval)	$810
Non-university Provider - additional course already approved under corresponding law that can be assessed by the same panel (up to five-year approval)	$1 625
Non-university Provider - additional course in concurrent application that can be assessed by the same panel (up to five-year approval)	$1 625
Non-university Provider - additional course that can be assessed by the same panel (up to five-year approval)	$3 675
Commonwealth Register of Institutions and Courses for Overseas Students CRICOS (up to five-year approval)	$350

The fee levels recognise that the approval process is the same and attracts the same costs regardless of the level of the degree. The fees are in line with the Protocols, which state ‘a fee for assessment of an application, based on partial cost-recovery, should be charged. National consistency in fee levels is desirable.’

The prescribed fee must be paid by the applicant in full prior to assessment. The fee is non-refundable.

Who is responsible for accrediting higher education providers?

The Minister for Employment, Education and Training is the approving authority, and may decide to impose conditions, relating to the criteria, for approval.

An independent panel of experts assesses the applications and makes recommendations to the Minister. The Department of Employment, Education and Training’s Higher Education Services unit manages the executive support to assist the Minister in the role of approving authority.

How does the approval process work for non-university providers?

There are a number of steps in the approval process:

Step 1:	Potential provider submits application to Higher Education Services and pays the application fee.
Step 2:	Higher Education Services assesses whether the application is complete and asks for additional information if necessary. The Minister appoints a panel of experts, with input from the applicant. Panel members must sign a declaration to maintain confidentiality and to declare any conflicts of interest.
Step 3:	The panel evaluates the application, including making site visits and conducting audits, and finalises its recommendation.
Step 4:	The panel’s report is prepared and provided to the Minister.
Step 5:	The applicant is advised of the Minister’s decision. Approval may be granted for five years. If approval is not granted, the applicant may appeal the decision. See the flow chart for more details.

See the flow chart for more details.

How long does the approval process take?

It is recommended that applicants contact Higher Education Services before embarking on the approval process. Applicants should allow about eighteen months in total: at least ten months from their submission of an application to a decision being made by the Minister, and an additional three to six months for marketing the course subsequent to approval.

CRICOS registration

It is the responsibility of the Department of Employment, Education and Training (DEET) to endorse courses of study as suitable for overseas students under the Commonwealth Education Services for Overseas Students Act. Endorsement of higher education courses in the Northern Territory for overseas students is only given following approval under the Northern Territory Higher Education Act. Once approved the provider is listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). The designated authority for CRICOS registration in the Northern Territory is DEET’s International Services Branch.