Education Act 1989

Approval of programmes

Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).

249 Approval of programmes


In this section, institution includes any institution, government training establishment, registered establishment, relevant school, or other body.


An institution may apply to the Authority for approval of a programme.


The Authority—


may grant or refuse to grant approval of the programme to the applicant; and


is required only to consider the programme as a whole; and


must give the applicant written notice of its decision to grant or refuse approval; and


may grant approval without limitation as to time or for a specified period.


If 2 or more institutions have prepared a programme together, they may make a joint application for approval of the programme.


If the Authority considers that there may be grounds for withdrawing approval of a programme,—


the Authority must give written notice to the institution concerned stating the grounds on which the Authority is considering withdrawing approval; and


the Authority must give the institution a reasonable time (as specified in the notice) to make submissions on the matter; and


after considering those submissions, the Authority—


may withdraw approval if it considers there are reasonable grounds to do so; and


must notify the institution of the withdrawal (if any) and the reasons for it.


The Authority may withdraw approval of a programme at the written request of the institution concerned.


This section—


is subject to section 253A:


does not limit the Authority’s power to withdraw an approval under section 255(7):


does not apply to secondary school qualifications.

Section 249: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).

Section 249(1): amended, on 1 April 2020, by section 58 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).