Rules

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

253 Rules

(1)

The Authority may make rules—

(a)

prescribing the process for, and the information required in, an application for—

(i)

registration of a private training establishment:

(ii)

approval of a programme:

(iii)

approval of a training scheme:

(iv)

accreditation:

(v)

consent to assess against standards:

(vi)

approval as a standard-setting body:

(vii)

the listing of a qualification on the Qualifications Framework:

(viii)

the listing of a standard on the Directory of Assessment Standards:

(b)

prescribing criteria that the Authority must apply when considering—

(i)

each class of application described in paragraph (a); and

(ii)

different kinds of application within each class:

(c)

prescribing requirements that the applicant must meet in order to maintain the registration, approval, accreditation, or consent granted by the Authority:

(d)

prescribing the amount of, or the method for determining, the annual registration fee required under section 233C:

(e)

prescribing the requirements for the protection of student fees that must be met by a private training establishment, any person to whom section 234D applies, any agent or person purporting to act as an agent for a student or private training establishment, and any independent trustee:

(f)

prescribing matters relating to the general operation of the Qualifications Framework and the Directory of Assessment Standards:

(g)

prescribing the quality assurance requirements that must be met by providers of adult and community education:

(ga)

prescribing the amount of, or the method for determining, the annual registration fee required under section 11F of the Industry Training and Apprenticeships Act 1992, and when and how that fee is payable:

(gb)

prescribing quality assurance requirements for industry training organisations, including, without limitation, requirements relating to the matters described in section 13B of the Industry Training and Apprenticeships Act 1992:

(h)

providing for the review, amendment, removal, or alteration of the status of qualifications and standards, including their components (including where amendments to titles occur, consequential amendments to programmes of study or training titles, accreditations, and consents to assess against standards):

(i)

providing any special requirements for NCEA and other secondary school qualifications or awards for the purposes of the Qualifications Framework:

(j)

providing for the conduct of assessments and examinations relating to any qualifications or awards:

(k)

prescribing the details for credits, cross credits, recognition of prior learning, and moderation:

(l)

prescribing requirements for qualifications in respect of which the Authority is the qualifications developer:

(m)

prescribing requirements relating to workplace training:

(n)

providing for the following matters for the purposes of section 236A:

(i)

the kinds of enrolment and academic records that must be kept:

(ii)

the manner in which the records must be kept:

(iii)

the length of time for which the records must be kept:

(o)

prescribing reporting requirements that institutions (within the meaning of section 254(1)) must comply with in relation to the student’s record of achievement that is maintained by the Qualifications Authority:

(p)

for the purposes of rules made under paragraph (o), specifying the qualifications or standards for which institutions are required to report the credits gained by students undertaking or who have undertaken study or training towards those qualifications or standards:

(pa)

prescribing the quality assurance requirements for tertiary education bodies in respect of whom the Authority grants approvals or consents under this Part:

(pb)

prescribing the types of programmes and training schemes that are exempt from the requirements specified in section 234E(1):

(q)

providing for any other matters contemplated by this Part or Part 18, necessary for their administration, or necessary for giving them full effect.

(2)

Without limiting any power to make rules under this section, restrictions on the use of standards may be included in any rules made under subsection (1)(b) that—

(a)

prescribe criteria that the Authority must apply when considering applications for approval of a programme leading to a degree or postgraduate qualification:

(b)

prescribe criteria that the Authority must apply when considering applications for the listing of a degree or postgraduate qualification on the Qualifications Framework:

(c)

prescribe criteria that the Authority must apply when considering applications for the listing of a standard on the Directory of Assessment Standards that relates to any programme leading to a degree or postgraduate qualification.

(3)

Rules made under subsection (1)(n) may specify different requirements for different qualifications.

(3A)

Rules made under subsection (1)(pb) before the day 12 months after the day on which the Education Amendment Act 2015 received the Royal assent come into force—

(a)

on the day 12 months after the day on which the Education Amendment Act 2015 received the Royal assent; or

(b)

on a later day stated in those rules.

(4)

Before making rules under this section that apply to a class of institutions, the Authority must consult,—

(a)

if the rules relate to universities, the Vice-Chancellors Committee; and

(b)

if the rules relate to bodies that provide adult and community education, those bodies or a body that represents their interests; and

(c)

if the rules relate to a class of institutions in respect of which there is a body whose function is to set up programme approval and moderation procedures, the representative bodies of those institutions, and any other bodies as the Authority considers appropriate.

(5)

Any proposed rules under this section must be approved by the board of the Authority and the Minister before being made, but, if the rules relate to any matter described in subsection (1)(j), the approval of the Minister is not required.

(6)

Any rules made under this section must be—

(a)

published on an Internet site maintained by or on behalf of the Authority; and

(b)

made available in printed form for purchase at a reasonable price on request by members of the public.

(7)

Rules made under this section are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 253: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).

Section 253(1)(ga): inserted, on 23 April 2014, by section 25 of the Industry Training and Apprenticeships Amendment Act 2014 (2014 No 16).

Section 253(1)(gb): inserted, on 23 April 2014, by section 25 of the Industry Training and Apprenticeships Amendment Act 2014 (2014 No 16).

Section 253(1)(pa): inserted, on 13 February 2015, by section 34(1) of the Education Amendment Act 2015 (2015 No 1).

Section 253(1)(pb): inserted, on 13 February 2015, by section 34(1) of the Education Amendment Act 2015 (2015 No 1).

Section 253(3A): inserted, on 13 February 2015, by section 34(2) of the Education Amendment Act 2015 (2015 No 1).

Section 253(7): replaced, on 29 October 2016, by section 36 of the Education Legislation Act 2016 (2016 No 72).