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Higher Education Promulgation 2008 - Higher Education Regulations 2009

FIJI ISLANDS

[LEGAL NOTICE No. 90]

HIGHER EDUCATION PROMULGATION 2008
(No. 24 of 2008)
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HIGHER EDUCATION REGULATIONS 2009

PART 1 - PRELIMINARY

1. Citation and commencement
2. Application
3. Interpretation

PART 2 - HIGHER EDUCATION COMMISSION

4. Term of appointment and allowances
5. Oath of office
6. Meetings of the Commission
7. Vacation of office
8. Finances
9. Personnel

PART 3 - RECOGNITION

10. Application for recognition
11. Approval for recognition process
12, Review of decision
13. Certificate of recognition
14. Recognition for registration

PART 4 - REGISTRATION

15. Eligibility to apply for registration
16. Application for registration
17. Application for amendment
18. Withdrawal of application
19. Re-applying for registration
20. Requirements for registration
21. Notifying the public
22. Process for objection
23. Determination of application for registration
24. Certificate of registration
25. Certificate of provisional registration
26. Certificate of provisional registration to be displayed
27. Application for conversion of registration
28. Display of registration status
29. Requirements for a registered institution
30. Provision of student services
31. Site visits
32. Academic audit
33. Information and reporting
34. Cancellation of registration
35. Public notice about registered institutions

PART 5 - REVIEW

36. Review of Institutions
37. Composition of the Review Committee
38. Meetings of the Review Committee
39. Functions of the Review Committee
40. Criteria for review
41. Notice of review
42. Power to acquire information
43. Outcome of review
44. Continuation of registration subject to conditions
45. Appeal against outcome

PART 6 - APPEALS

46. Membership of the Higher Education Appeals Tribunal
47. Oath of office
48. Vacancy
49. Administration of Appeals Tribunal
50. Application for appeal
51. Appeal process
52. Notification of the decision

PART 7 - GRANTS

53. Application for grants
54. Criteria for allocation of grants

PART 8 - FEES AND OFFENCE

55. Annual fees
56. Fees for replacement certificates
57. Fees for viewing the Register of Higher Education Institutions
58. Attempt to influence

SCHEDULES

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HIGHER EDUCATION PROMULGATION 2008
(PROMULGATION NO. 24 OF 2008)
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Higher Education Regulations 2009

IN exercise of the powers conferred upon me by section 52 of the Higher Education Promulgation 2008, I make the following Regulations -

PART 1 - PRELIMINARY

Citation and commencement

1.-(1) These Regulations may be cited as the Higher Education Regulations 2009.

(2) These Regulations are deemed to come into force on the ...................... day of ................... 2009.

Application

2. These Regulations shall apply to all higher education institutions, overseas institutions, the Higher Education Commission and its secretariat and any person wishing to establish a new institution.

Interpretation

3. In these Regulations, unless the context otherwise requires -

"appeal fees" means the fees set out in Schedule 7;

"Appeals Tribunal" means the Higher Education Appeals Tribunal established by section 41 of the Promulgation;

"appellant" means a party that is appealing a decision;

"applicant" means a person making an application in relation to any provisions in these Regulations;

"certificate of registration" means a certificate issued pursuant to section 22 and 35 of the Promulgation;

"Chairperson" means the chairperson of the Commission;

"Commission" means the Higher Education Commission;

"grievances" means any matter or decision that may be criminal or biased or inhumane, defamatory or discriminatory or inciteful;

"institution" means a higher education institution as defined in the Promulgation or an overseas institution as defined in the Promulgation;

"local agency" means an agency of an overseas institution located in Fiji and registered under the Companies Act (Cap.247) or an equivalent instrument of recognition by the Government of Fiji;

"overseas applicant" means a person who makes an application to operate an agency, branch, centre or campus in Fiji on behalf of an overseas institution;

"provisional registration" means the registration of an institution with conditions as contemplated in section 20(2) and section 34(2) of the Promulgation;

"registered institution" means an institution which has been issued a certificate of registration in accordance with the Promulgation and these Regulations;

"site" means any learning site, including a campus or learning centre, controlled and administered by a registered institution;

"secretariat" means officers approved to assist the Commission as stipulated in regulation 9.

PART 2 - HIGHER EDUCATION COMMISSION

Terms of appointment and allowances

4.-(1) A member of the Commission may be appointed for a term not exceeding 3 years and may be re-appointed to serve a maximum of 2 consecutive terms.

(2) The members of the Commission are entitled to allowances fixed by the Higher Salaries Commission.

Oath of office

5.-(1) Before taking office, the members and Director of the Commission must make before the Minister the oath of office set out in Schedule 5a.

(2) The other officers of the Commission must, before taking office, make before the Director the oath of office set out in Schedule 5b.

Meetings of the Commission

6.-(1) The Commission must meet at least quarterly.

(2) Four (4) members of the Commission constitute a quorum of a meeting of the Commission.

(3) The Commission must keep its minutes in a proper form.

(4) The records of the minutes of the meetings must be kept for 5 years or more.

(5) Decisions at meetings of the Commission must be by a simple majority of the members present and voting, and if there is an equality of votes, the Chairperson has a casting vote as well as a deliberative vote.

(6) The Cession has the power to invite any person to attend a meeting of the Commission for the purpose of advising it on any matter under discussion, but the person has no right to vote on the matter.

(7) Subject to these Regulations and the Promulgation, the Commission may regulate other procedures of its meetings.

Vacation of office

7. The office of a member of the Commission becomes vacant if the member -

(a) resigns by giving written notice to the Minister;

(b) has been absent, without leave of the Commission, from 3 consecutive meetings of the Commission;

(c) becomes or has been declared bankrupt, whether in the Fiji Islands or elsewhere;

(d) has been convicted of a criminal offence, in the Fiji Islands or elsewhere;

(e) becomes incapable of performing the duties of a member.

Finances

8. From the annual grant that it receives, the Commission must allocate funds to higher education institutions in accordance with Part 7 as well as for the performance of its own functions.

Personnel of the Secretariat

9.-(1) Officers of the secretariat are subject to all the conditions prescribed in their letters of appointment.

(2) Before a letter of appointment is issued, a candidate selected for appointment must -

(a) undergo medical examination and be passed as being in all respects physically and mentally fit by an authorized medical officer, and

(b) not have police conviction on record.

(3) Officers who have been confirmed in their appointment must, if they wish to resign, give not less than 30 consecutive days notice of their intention. Unless approved by the Commission, an officer who resigns without giving 30 consecutive days notice may be required to pay 30 days salary in lieu of notice.

(4) Officers serving on contract should, if they wish to resign before the normal term of their contract, give such notice as is required by the terms of their contract.

PART 3 - RECOGNITION

Application for recognition

10.-(1) For the purposes of sections 16 and 30 of the Promulgation -

(a) the prescribed application form is set out in Schedule 1;

(b) the recognition fee is prescribed in Schedule 7.

(2) Application forms and fees must be lodged with the Commission not less than 18 months before the date on which the institution is to start operating.

Approval for recognition Process

11.-(1) Applications for recognition must be considered by a committee appointed by the Commission and composed of suitably qualified persons.

(2) The procedures and guidelines for assessing applications must be prescribed by the Commission.

(3) At the completion of the assessment process, the committee appointed by the Commission in sub-regulation (1) must prepare a report outlining its findings and recommend to the Commission either an approval or disapproval of recognition.

(4) For new institutions, assessment must be based on a plan for the institution, where necessary, and the potential in the plan to materialise within a period. The committee in sub-regulation (1) may recommend recognition if it is satisfied that the new institution will be able to meet the criteria for recognition.

(5) The Commission must be satisfied that the applicant meets the requirements for recognition as prescribed in the Promulgation.

(6) The Commission must inform the applicant in writing of its decision.

Reconsideration of decision

12.-(1) In cases where the Commission does not approve the recognition, institution may request a copy of the assessment report and make a representation to the Commission for a reconsideration of its application.

(2) The Commission must inform the applicant in writing of its decision.

(3) An applicant that is not satisfied with the decision in sub-regulation (2) may appeal the decision to the Appeals Tribunal.

Recognition Certificate

13.-(1) If an application for recognition is approved by the Commission, the Commission must issue a certificate of recognition.

(2) Recognition is not renewable and its certificate must be issued only once.

(3) If a certificate of recognition is lost or destroyed, the Commission may, on payment of the fee prescribed in Schedule 10, issue a replacement certificate.

Recognition for registration

14. An institution must obtain a certificate of recognition for it to be considered for registration.

PART 4 - REGISTRATION

Eligibility to apply for registration

15.-(1) Any person proposing to operate a university, as contemplated in the Promulgation, must be established under an Act or Charter to be eligible to apply for registration.

(2) A person proposing to operate a degree-awarding institute, and Other Higher Education Institution or overseas institution, is eligible to apply for registration, if the institution exists as a legal entity such as a -

(a) Registered company;

(b) Trust;

(c) Registered Association;

(d) Society; or

(e) an institution established under its own Act.

(3) A person applying for registration must produce a certificate of recognition to the Commission.

(4) Any person that is guilty of an offence as mentioned in section 13, section 14 and section 15 of the Promulgation is not eligible to apply for registration.

Application for registration

16.-(1) A person who intends to operate an institution must apply for registration to the Commission.

(2) Subsection (1) shall apply to an institution established through a merger between registered institutions.

(3) An application for registration must -

(a) be submitted in full in the form prescribed in Schedule 2 [Form 1] not less than 12 months before the date on which the institution is to start operating;

(b) be accompanied by the registration fee prescribed in Schedule 7.

(4) If an application does not comply with sub-regulation (3) (a) and (b) the Commission must decline to process the application.

(5) In considering an application, the Commission may require the applicant to submit such additional information as is necessary to determine the application.

Application for amendment

17. An applicant must notify the Commission by submitting an application for amendment if there is any change in the information submitted in the application within 30 days of the date of submission of the application.

Withdrawal of application

18.-(1) An applicant may withdraw its application for registration by notifying the Commission in writing.

(2) An application for a withdrawal of application is entitled to a refund of 75% of the registration fee if it is made within 30 days of the date of the application for registration.

(3) The Commission must cease to process an application for registration on receipt of a notice of withdrawal.

Reapplying for registration

19. An applicant may submit a fresh application for registration in the form set out as Form 1 in Schedule 2 where the -

(a) application was previously rejected under section 20 and section 34 of the Promulgation; or

(b) provisional registration of the university, degree-awarding institute of technology, and Other Higher Education Institution or overseas institution has lapsed; or

(c) registration of the university, degree-awarding institute of technology, an Other Higher Education Institution or overseas institution has been revoked, suspended or amended under section 25 and section 38 of the Promulgation.

Requirements for registration

20.-(1) An application submitted under regulation 16 must be accompanied by -

(a) a certificate of recognition stating that the institution is recognised under the Promulgation;

(b) documentary evidence certifying that the institution complies with the applicable laws of Fiji relating to the occupational health and safety of persons on the premises [OHS], including copies of licenses issued by the relevant government and local government authorities;

(c) a list of the names and academic qualifications of the head of the institution and the Board of Directors;

(d) a list of all full-time staff, their academic qualifications and the programmes they would be teaching;

(e) evidence that each member of the staff possesses academic qualifications higher than the level at which he or she is teaching;

(f) a financial forecast indicating that the institution -

(i) is financially capable of satisfying its obligations to its prospective students;

(ii) has a level of income sufficient to sustain its programmes in an acceptable manner; and

(iii) has or will have a stable financial position that will enable it to maintain operational continuity; and

(g) such financial surety or guarantees as maybe acceptable to the Commission to ensure that the institution is able to meet its obligations to its enrolled students.

(2) With regard to all of its higher education programmes, an institution must -

(a) demonstrate that it has the capacity to maintain acceptable standards;

(b) meet any other requirements determined by the Commission from time to time.

(3) In the case of an overseas applicant, the applicant must provide documentary evidence certifying that -

(a) the institution is an agency, branch, centre or campus of an overseas university, degree-awarding institute of technology, or any Other Higher Education Institution;

(b) the applicant has a Certificate of Recognition issued by the Commission;

(c) the applicant operates lawfully in its country of origin as a university, degree-awarding institute of technology or any Other Higher Education Institution, and is accredited by the appropriate accrediting body;

(d) a qualification awarded through the institution will be fully recognised by its overseas institution.

Notifying the public

21. The Commission must, as soon as practicable after receiving an application for registration, publish a notice about the application in a newspaper circulating throughout Fiji stating the following -

(a) the applicant's name;

(b) a summary of the application;

(c) the nominated locations for inspecting the summary of the application;

(d) the website where a copy of the summary of the application may be accessed;

(e) that anyone may make an objection to the Commission about the application;

(f) how to make an objection;

(g) the objection period is 21 days from the date of publication of the notice of an application; and

(h) any other related matter deemed to be necessary by the Commission.

Process for objection

22.-(1) A person may, within the period of 21 days from the date of publication of the notice of an application, submit an objection on the application to the Commission.

(2) The Commission must accept a submission if it -

(a) is in writing;

(b) is signed by the person or each person ["signatory"] who makes the objection;

(c) states the name and address of each signatory; and

(d) is received on or before the last day of the objection period.

(3) The Commission must acknowledge all objections in writing.

Determination of application for registration

23.-(1) The Commission must -

(a) consider an application for registration made under regulation 16, and any further information, submissions, particulars or documents as it considers relevant; and

(b) register the institution if the requirements for registration in regulation 24 are fulfilled.

(2) Notwithstanding sub-regulation (1), if an applicant is found to have knowingly provided fraudulent, false or misleading information in the application, the Commission must reject the application.

(3) If the Commission decides to grant the application, it must -

(a) enter the name of the institution in the Register of Higher Education Institutions;

(b) issue a certificate of registration to the institution, stating the terms of such registration; and

(c) as soon as practicable after decision, publish the registration in the Gazette and in at least one of the national newspapers.

(4) If the Commission decides to reject the application, it must advise the institution in writing and provide reasons for the decision.

(5) Notwithstanding sub regulation (1), the Commission may grant provisional registration to an institution and it must inform the institution in writing of the terms and conditions of the provisional registration.

Certificate Of registration

24.-(1) The Commission must, on granting an application for registration to an institution, issue a certificate of registration to the institution in accordance with section 22 and section 35 of the Promulgation.

(2) The certificate of registration must include the following -

(a) the registered name of the institution and, where applicable, any approved translation, abbreviation, acronym or trade name;

(b) the institution's registration number;

(c) the Chairperson's signature and date of signature;

(d) the Director's signature and date of signature;

(e) the seal of the Commission; and

(f) the certificate number.

(3) A certificate of registration must -

(a) not be transferable from one institution to another; and

(b) be renewed every five years.

Certificate of provisional registration

25.-(1) The Commission must, on granting an application for provisional registration to an institution, issue a certificate of provisional registration to the institution.

(2) The certificate of provisional registration must include the following -

(a) the registered name of the institution and, where applicable, any approved translation, abbreviation, acronym or trade name;

(b) the institution's registration number;

(c) the Chairperson's signature and date of signature;

(d) the Director's signature and date of signature;

(f) the seal of the Commission; and

(g) the certificate number.

(3) A certificate of provisional registration is not transferable from one institution to another.

Certificate of provisional registration to be displayed

26.-(1) Where an institution has been provisionally registered under regulation 25, it must -

(a) display certificate of provisional registration in a prominent place in the main administration area in full view of the students and the public;

(b) include in full in its letterhead and official documents the words -

"Provisionally registered with the Fiji Higher Education Commission until (expiry date) as a (type of institution) under the Higher Education Promulgation 2008

Provisional Registration Certificate Number (state number on certificate)".

Application for conversion of registration

27.-(1) An application for conversion of registration must be made in the form prescribed in Form 3 of Schedule 2, and accompanied by the fee prescribed in Schedule 8, by the date specified by the Commission.

(2) The Commission may, after considering an application for conversion of registration -

(a) register the institution with effect from the expiry date of the provisional registration; or

(b) where it finds that the institution has not complied with the conditions on which it was granted provisional registration, reject the application for registration or grant an extension of provisional registration.

Display of registration status

28.-(1) A registered institution must -

(a) display its certificate of registration in a prominent place accessible to the public and to all students at each of its sites;

(b) include the following statement in full on its letterhead and official documents if the institution is registered -

"Registered with the Fiji Higher Education Commission as a (type of institution) under the Higher Education Promulgation 2008. Registration Certificate Number (state number on certificate)".

(2) A registered institution that does not comply with sub-regulation (1) is guilty of an offence and is liable on conviction to a fine not exceeding $12,000 or to imprisonment for a term not exceeding 2 years or both.

Requirements for a registered institution

29.-(1) A registered institution must -

(a) notify the Commission of any major change in the information submitted to the Commission;

(b) notify the Commission of any change in any of its programmes;

(c) offer programmes of general public or professional development interest in an area of academic or professional competence of higher education; and

(d) only offer awards for programmes approved by the Commission.

(2) For the purposes of sub regulations (1) (a) and (1) (b), an institution must -

(a) apply, in writing, to the Commission, in the form set out as Form 4 in Schedule 2, giving information on the details that need to be amended; and

(b) pay the application fee prescribed in Schedule 9.

(3) A person who contravenes or fails to comply with this regulation is guilty of an offence and is liable on conviction to a fine not exceeding $12,000 or to imprisonment for a term not exceeding 2 years or both.

Provision of student services

30. A registered institution, in providing services for its students, must -

(a) publish at least once each year a comprehensive calendar, prospectus or brochure for the information of students and the public;

(b) keep a comprehensive record of the academic and other achievements of each student enrolled in a programme;

(c) make available on request to an enrolled student or past student, a transcript of his academic record; and

(d) make available on request to an enrolled student or past student, a copy of a certificate awarded to the student or, where the institution is a local agency of the awarding institution, ensure that the awarding institution provides a copy of the certificate to the student.

Site visits

31. A registered institution must comply with periodic assessments made through site visits at such intervals as may be determined by the Commission.

Academic audit

32. The Commission may call for a special academic audit of an institution if there exists reasonable grounds for it.

Information and reporting

33. A registered institution must -

(1) with respect to all its official documents, advertising and marketing material -

(a) ensure that all information about its programmes and accreditation status is accurate;

(b) make no false, fraudulent or misleading statements; and

(c) not display the logo of the Commission on its letterhead, official documents, marketing or advertising materials;

(2) submit such information as the Commission may require for the purpose of monitoring compliance with the Promulgation and maintaining its information management system.

Revocation of registration

34.-(1) The Commission must consult with the Review Committee and may revoke registration or provisional registration and -

(a) inform the institution of its intention and reasons, at least 3 months before the revocation is to take effect; and

(b) hear representations in relation to such action from the institution and other interested parties.

(2) An institution that has been notified by the Commission that its provisional registration has lapsed or that its registration has been revoked under section 25 or section of the Promulgation must -

(a) inform its students of the arrangements that will be made to safeguard their interests, within 14 days after the expiry date of the provisional registration or of the receipt of the notice of revocation of registration issued by the Commission;

(b) issue to each enrolled student a copy of his academic transcript;

(c) make such reimbursement as may be reasonable to any enrolled student;

(d) make adequate arrangements for enrolled students to complete their programmes at a comparable public or private institution; and

(e) cease operating at such date as may be specified by the Commission.

(3) A person who contravenes or fails to comply with sub regulation (2) is guilty of an offence and is liable on conviction to a fine not exceeding $12,000 or to imprisonment for a term not exceeding 2 years or both.

Public notice about registered institutions

35. The Commission must, from time to time, publish a list of all registered institutions operating in Fiji by notice in the Gazette and in at least one national daily newspaper.

PART 5 - REVIEW

Review of institutions

36.-(1) An institution registered with the Commission shall be reviewed for quality assurance in accordance with this regulation.

(2) (a) A University or degree- awarding institute of technology shall be reviewed every 7 years.

(b) An Other Higher Education Institution shall be reviewed every 5 years.

(c) A newly-established Other Higher Education Institution shall be reviewed 3 years after its registration and every 5 years thereafter.

Qualifications of the Review Committee

37.-(1) The Review Committee shall consist of four members appointed by the Commission.

(2) In considering the membership of the Review Committee, the Commission must be satisfied that each member has -

(a) substantial knowledge and experience with a balanced combination of post-graduate qualification and work experience;

(b) teaching, research and publication experience in any academic field;

(c) knowledge and experience of higher education academic affairs;

(d) knowledge and experience in higher education institution management;

(e) knowledge and experience in the design, development and delivery of higher education courses;

(f) knowledge and experience in the review of tertiary institutions; and

(g) knowledge and experience in quality assurance processes.

(3) The Review Committee shall elect its chairperson from amongst the committee members.

Meeting of the Review Committee

38. The Review Committee shall determine its own procedures.

Functions of the Review Committee

39. The Review Committee shall -

(1) conduct the review of an institution according to the criteria and guidelines set out by the Commission; and

(2) upon the completion of the review, submit a report to the Commission within 90 days.

Criteria for review

40. While reviewing a registered institution, the Review Committee may consider information on the following -

(a) vision, mission, objectives, policies, regulations and procedures;

(b) annual report(s);

(c) structure and content of study programmes;

(d) teaching and assessment strategies;

(e) facilities for staff and students;

(f) quality assurance and quality control procedures;

(g) practical attachment(s) [if any];

(h) staff qualifications and other staffing matters;

(i) admission requirements;

(j) audited financial statements;

(k) status of research work (where applicable);

(l) internal review aid evaluation procedures;

(m) administrative structure and arrangements;

(n) fees and charges; and

(o) any other matter

Notice of review

41.-(1) (a) The Commission, when it considers appropriate, must give notice to an institution, in accordance with regulation 36 (2), for it to undergo a review.

(b) For the purpose of sub-regulation (1) (a), the notice form is set out as Form 1 in Schedule 3.

(2) An institution must, upon receipt of the notice and in any case not exceeding 30 days from the date of receipt of the notice, make a payment of fees to the Commission as prescribed in Schedule 7.

(3) A person who contravenes or fails to comply with sub-regulation (2) is guilty of an offence and liable on conviction to a fine not exceeding $12,000 or to imprisonment for a term not exceeding 2 years, or both.

Power to acquire information

42.-(1) Pursuant to section 50 of the Promulgation, the Commission may, by written notice, require a person or institution to provide information and documents as the Commission reasonably requires to perform its functions or exercise its powers as provided for in these Regulations.

(2) For the purpose of sub regulation (1), the notice form is set out as Form 2 in Schedule 3.

Outcome of review

43.-(1) The Review Committee must recommend to the Commission either the -

(a) continuation of registration without conditions, or

(b) continuation of registration subject to conditions.

(2) The Commission must, as soon as practicable, inform the institution of the outcome of the review and cause the outcome to be gazetted.

Continuation of registration subject to conditions

44.-(1) If the Commission grants a continuation of registration subject to conditions, the Commission must, as soon as possible, notify the institution about the conditions of the registration and the reasons for imposing such conditions.

(2) Upon receipt of the notification, the institution may either -

(a) comply with the condition(s) imposed by the Commission; or

(b) make representations, in writing, to the Commission about the conditions, within 3 months after the institution is given a copy of the Committee's report on the review.

(3) In the event the institution fails to comply with the conditions imposed by the Commission, the registration may be revoked.

Appeal against outcome

45.-(1) In the event where the institution is not satisfied with the outcome of the representation in regulation 44 (2) (b), the institution may, within 21 days from the date the institution is informed of the outcome of the representation, appeal in writing, to the Appeals Tribunal.

(2) The appeal in sub-regulation (1) must be accompanied by the fee prescribed in Schedule 7.

PART 6 - APPEALS

Membership of the Higher Education Appeals Tribunal

46.-(1) No person who has a direct association with any institution shall be appointed a member of the Appeals Tribunal.

(2) The chairperson and other members of the Appeals Tribunal must be appointed for a term of 3 years either on full-time or part-time basis.

(3) A member of the Appeals Tribunal is eligible for reappointment for another term and must not be appointed after serving two terms consecutively.

Oath of office

47. Before taking office, the chairperson, members and secretary of the Appeals Tribunal must swear an oath of office before the Minister.

Vacancy

48.-(1) A member of the Appeals Tribunal may resign from office at any time by giving one month's notice in writing to the Minister.

(2) The office of a member becomes vacant upon the death of the member.

(3) The Minister in consultation with the Commission must remove the chairperson or any other member of the Appeals Tribunal from office for bankruptcy, or misconduct including criminal or civil or moral offences or conflict of interest or any other case that brings disrepute to the office.

(4) A member of the Appeals Tribunal shall be deemed to have resigned after being absent from 3 consecutive hearings without apology.

Administration of Appeals Tribunal

44.-(1) The administrative costs of the Appeals Tribunal must be borne by the Commission.

(2) The Commission must employ a secretary who shall be responsible for the administration of the Appeals Tribunal and must report directly to the chairperson of the Appeals Tribunal.

(3) The Appeals Tribunal must set the time and date for hearing of the appeal and must notify the Commission and the appellant.

(4) The Appeals Tribunal must send a notice of appeal to the Commission in the form prescribed in Schedule 4.

Application for appeal

50.-(1) An appeal made pursuant to section 42 (1) of the Promulgation must be filed by an institution within 21 days from the date of its receipt of the notification of a decision.

(2) The application must -

(a) be made in writing;

(b) set out the grounds for appeal;

(c) be filed with the secretary of the Appeals Tribunal; and

(d) be accompanied by the fee prescribed in Schedule 7.

Appeals process

51.-(1) When hearing and determining an appeal, the Appeals Tribunal must -

(a) exercise all rules and powers of a court for the execution of its functions;

(b) keep a record of the proceedings;

(c) state in writing the reason for its decision on the appeal.

(2) The Commission and the appellant -

(a) must be given the opportunity to make representations either orally or in writing or both;

(b) are entitled to be represented by legal practitioners or by persons authorized by the Appeals Tribunal in writing.

(3) The use of technology of any form to facilitate the hearing shall beat the discretion of the Appeals Tribunal.

Notification of decision

52. A copy of the decision of the Appeals Tribunal must be sent to the Minister, Commission and the appellant within 7 days after the decision is made.

PART 7 - GRANTS

Application for grants

53.-(1) An institution that has been registered in the Register of Higher Education Institutions may apply for grants to the Commission.

(2) An application for a grant must be -

(a) made in writing, according to the format and guidelines prescribed by the Commission; and

(b) accompanied by a declaration in the form prescribed in Schedule 6.

(3) The process for assessing applications must be prescribed by the Commission.

Criteria for allocation of grants

54. When determining the allocation of grants to institutions, the Commission must consider the following -

(a) training needs analysis report by the Ministry responsible for National Planning;

(b) courses and programs offered by an institution and the number of study places available;

(c) the level of Government investment in an institution historically;

(d) an institution's ability to meet the human resource needs of the country;

(e) information on the major outputs of an institution;

(f) vision, mission, goals and objectives of an institution;

(g) organizational structure of an institution;

(h) an institution's previous year's audited financial statement;

(i) an institution's budget for the following year;

(j) an institution's annual corporate plan, business plan and strategic plan;

(k) enrolment data of an institution for the past three years;

(l) the type(s) of self - employment training program(s) and the number of available places;

(m) the type(s) of courses and programmes available through correspondence;

(n) modes of delivery of courses;

(o) nature of services available to staff and students;

(p) fees and charges levied by an institution;

(q) any submission(s), from the Public Service Commission;

(r) any submission(s), from the Ministry of Education; and

(s) any other information deemed necessary.

PART 8 - FEES AND OFFENCE

Annual fees

55.-(1) An institution whose registration is approved must pay an annual fee during the period of its registration, excluding the first year.

(2) The annual fee is prescribed in Schedule 8 and must be paid in accordance with the procedures set out by the Commission.

Fees for replacement certificates

56. If a certificate issued by the Commission is lost, destroyed or damaged, the Commission may, on payment of the fee prescribed in Schedule 10, issue a replacement certificate.

Fees for viewing the Register of Higher Education Institutions

57. The Register of Higher Education Institutions maybe inspected upon the payment of a fee of $20 to the Commission.

Attempt to influence

58. A person who attempts to influence a member of the Commission and its staff or a member of a committee appointed by the Commission or the Appeals Tribunal and its secretary commits an offence and is liable on conviction to a fine not exceeding $12,000 or to imprisonment for a term not exceeding 2 years or both.

Dated this 23rd day of November 2009.

F. N. BOLE
Minister for Education, National
Heritage, Culture & Arts, Youth & Sports

_____

SCHEDULE 1

Form 1

FIJI HIGHER EDUCATION COMMISSION

APPLICATION FOR RECOGNITION

(Sections 16 and 30 of the Promulgation Regulation 10 (1) (a))

APPLICATION CHECKLIST

Completed Application form for Recognition

Certified true copy of the certificate of Registration or other documentation related to legal entity status

Documents on procedures and policies that relate to academic integrity and honesty

Information relating to governing body including its relationship to the owners or financial sponsors and its terms of reference and membership

Organisational chart and an explanation of the relationships and reporting lines among key positions and structure

Documents on student grievance policy and procedure

FOR OFFICIAL USE

Fees Paid ________________ Receipt Number ___________ File Number ________

Receiving Officer ___________ Signature ____________ Date _____/_____/20___

Comments:________________________________________________________________

Name of Director: __________________ Signature: _________________

Date: _________/_______/20_____

A. DETAILS OF INSTITUTION

A.1 Institution

A.2 Type of Institution

Indicate the type of institution by placing a tick beside the descriptor.

A.3 Details of Authorized Officer

(The authorized officer is a senior manager of the institution)

A.4 Authorized Contact Person if different from A3 above):

A.5 Education and/or Training Locations:

Indicate below the details of all locations in Fiji where the institution plans to deliver or is delivering courses. Details of agents are to be shown if the institution intends to deliver courses through an agency arrangement.

B. CRITERIA FOR RECOGNITION

B.1 Criteria 1 - Legal Status

(a) How is the institution legally constituted? (Check box)

A company registered under the Company's Act

Other form of legal entity (e.g. statutory body, trust).
Please indicate below (e.g. Act, Royal Charter).

Attach to this section a copy of the certificate of registration and or other documentation related to legal entity status.

Name this attachment as Certificate of Registration

(b) If registered under the Company's Act, indicate the registration number.

(c) Indicate below the owners of the institution (e.g. individual(s), shareholders, trustees, members). Indicate if foreign-owned and include foreign ownership details.

(d) Has the institution ever operated as a training institution or organization?

If Yes, state briefly the institution's history as an educational institution.

B.2 Criteria 2 - Goals and Culture

(a) State the vision, mission and goals of the institution in the space below.

Attach to the back of this section any documentation or material that articulates the vision, mission and goals of the institution.

Name this attachment as Documentation on Vision, Mission and Goals

(b) Does the institution have policies and procedures which promote academic integrity and honesty and free intellectual inquiry in the teaching, research (if applicable) and scholarship activities of the institution?

If Yes, attach to the back of this section any documentation of policies and procedures that relate to academic integrity and honesty, and free intellectual inquiry.

Name this attachment as Policies and Procedures on academic integrity and honesty

B.3 Criteria 3 - Corporate Governance and organizational Arrangements

(a) Does the institution have a legally constituted governing body (e.g. a board) to govern the institution and confer awards? (check box)

If Yes, name the governing body.

Attach to the back of this section information relating to the governing body including its relationship to the owner(s) or financial sponsors and its terms of reference and membership.

Name this attachment as Information on governing body, financial sponsors, terms o reference and membership

(b) Does the institution have an organizational structure that ensures that structures and arrangements are in place to ensure the management of all key aspects of a quality higher education institution?

If Yes, attach to the back of this section an organizational chart and an explanation of the relationships and reporting lines among key positions and structure.

Name this attachment as Organizational chart and explanation of relationship

B.4 Academic Governance and Quality Assurance

(a) Does the institution have arrangements for its academic governance? If so, explain briefly in the space below.

(b) How do the academic governance arrangements provide for the development, dissemination and monitoring of academic policies related to academic standards? Explain briefly in the space below.

B.5 Finances and Management

(a) Does the institution have the financial capacity and viability to sustain quality higher education programmes and courses? If so, explain briefly in the space below.

(b) Does the institution have a strategic plan? If so, list its major outputs in the space below.

B.6 Staffing

(a) Is the institution appropriately staffed to ensure that it achieves its mission and goals?

Complete the table below to show the number employed in the 3 categories of staff.

B.7 Students Tuition and Grievances Arrangements

(a) Indicate below what tuition arrangement is there to safeguard the interests of students should there be a winding up of a course(s) or the institution?

(b) Attach to the back of this section the student grievance policy and procedures including any costs to students.

Name this attachment as Document an student grievance policy and procedures

_____

FIJI HIGHER EDUCATION COMMISSION

DECLARATION

I, _______________________________________________________________________

[full name of authorized officer]

the ______________________________________________________________________

[designation of the authorized officer]

of the ____________________________________________________________________

[name of the institution]

do solemnly and sincerely declare that the information contained on the preceding pages is true and correct, and I make it with the understanding and belief that a person who makes a false declaration is liable for prosecution

Official Stamp of the Institution

** This declaration can only be witnessed by a legal practitioner

Table on Category of Higher Education Institutions

_____

FIJI HIGHER EDUCATION COMMISSION

APPLICATION FOR/RENEWAL OF REGISTRATION

(Sections 18 and.32 of the Promulgation and Regulation 16)

APPLICATION CHECKLIST

Completed Application form for Registration
Documents mentioned in Annex 1 to Annex 12

FOR OFFICIAL CHECKLIST

Fees Paid _________________ Receipt Number __________ File Number ____________

Receiving Officer _________________ Signature ______________ Date ____/____/20__

Comments:

_________________________________________________________________________

Date: __________________/_________/20____

A. ADMINISTRATIVE INFORMATION

1. (a) Name of the Institution

(b) Type of institution, as shown in the Certificate of Recognition

2. Particulars of authorized contact person (a) Name

(a) Name

(b) Designation [CEO / Managing Director / Chairman/ Vice-Chancellor etc.]

(c) Postal Address

(d) Contact details

3. Address of the institution

4. Contact details of institution

5. Address of head office

6. Contact details of head office

B. COMPANY INFORMATION

7. Registration details

(a) Legal name of the institution

(b) Official trading name (acronym if applicable)

(c) Company registration number

(d) If foreign, state country of origin

8. Details of the parent institution [if applicable]

C. MANAGEMENT INFORMATION

9. Particulars of Management

(a) Chief Executive Officer or head of the institution
(

(i) Name and Title

(ii) Academic qualifications [name university]

(iii) Designation [CEO / Director / Chairman / Manager etc.]

(iv) Contact details

(b) Names and designations of the current Directors of the institution

10. Holding Company or any other organization to which the institution is subordinate.

11. Relationship between the institution and the holding company or other organization,

12. List of owners in accordance with the Memorandum and Articles of Association,

13. Details of the auditors of the institution

14. Tax and business registration details

D. INFORMATION ON LEARNING PROGRAMMES

15. Table 1 Programmes of Study

Provide detailed information on the programmes of study offered by the institution.

The name of the programme should be stated in full, for example; Certificate in Computing

Bachelor of Science [Biology/Chemistry],

Diploma in Education [Mathematics/Science], etc.

16. Table 2 Current/Proposed site(s) for programme delivery

E STAFF AND STUDENT INFORMATION

17.

Table 3a:

(i) In the case of an institution that is already operating, include the total number of students registered, on full-time and part-time basis, far the institution's educational programmes.

(ii) in the case of a new institution, include total number of students expected to be registered, on full-time and part-time basis, during the first 3 years of operation.

NB

(1) State the name of the programme in full, as mentioned in Table 1 of item 15.

(2) The data should be expressed as headcount only.

Table 3b:

(i) In the case of an institution that is already operating, include the number of Academic staff employed in each of the departments. Examples of departments could be; Department of Computing, Department of Tourism, Department of Electrical Engineering, Department of Social Science, etc.

(ii) In the case of a new institution, include the number of Academic staff expected to be employed in each of the departments.

Table 3c:

(i) In the case of an institution that is already operating, include the number of Administrative and Support staff employed.

(ii) In the case of a new institution, include the number of Administrative and Support staff expected to be employed.

18. Table 4: Academic/Research staff and their highest qualifications

F INFORMATION ON INFRASTRUCTURE

Name of Location: ______________________________________________

19. Table 5a General information: Site, lease, rentals etc

Table 5b Buildings: Classrooms, Libraries, Theatres, Laboratories etc.

0. Please state the full name of the Laboratories and the Workshops, for example; Biology Laboratory, Computer Laboratory, Food Technology Laboratory, Metal Workshop, Automotive Workshop, etc.
   

Table 5c Other Staff and Student facilities

NB If there is more than one location, please make additional copies of the two pages.

_____

FIJI HIGHER EDUCATION COMMISSION

DECLARATION

I, _______________________________________________________________________,

[full name of authorized officer]

the _____________________________________________________________________,

[designation of the authorized officer]

of the ___________________________________________________________________,

[name of the institution]

do solemnly and sincerely declare that the information contained on the preceding pages is true and correct, and I make it with the understanding and belief that a person who makes a false declaration is liable for prosecution.

Official Stamp of the Institution

** This declaration can only be witnessed by a legal practitioner

DOCUMENTS TO ACCOMPANY SCHEDULE 2 FORM 1

A. RECOGNITION

Table on Category of Higher Education Institutions

_____

SCHEDULE 2

Form 2

FIJI HIGHER EDUCATION COMMISSION

APPLICATION FOR AMENDMENT

(Regulation 17 of the higher Education Regulations)

FOR OFFICIAL USE

File Number ___________________________ Receiving Officer __________________

Signature _______________________Date _______/_____/20__

Amended by _________________________ Designation _________________

Signature ________________________ Date _______/______/20___

Comments:

___________________________________________________________________________________________________________________________________________________________________________________________________________________________

Name of Director _______________________ Signature_______________________

Date ________/_______/20___

Declaration - to be completed by the authorized person and attached to this form.

[Use extra sheets if necessary and attach]

_____

FIJI HIGHER EDUCATION COMMISSION

DECLARATION

I, _______________________________________________________________________

[full name of authorized officer]

of the ____________________________________________________________________

[name of the institution]

do solemnly and sincerely declare that the information contained on the preceding pages is true and correct, and I make it with the understanding and belief that a person who makes a false declaration is liable for prosecution.

Official Stamp of the institution

** This declaration can only be witnessed by a legal practitioner

_____

SCHEDULE 2

Form 3

FIJI- HIGHER EDUCATION COMMISSION

APPLICATION FOR CONVERSION OF REGISTRATION

(Regulation 27(1))

APPLICATION CHECKLIST

Completed Application form for Conversion of Registration
Certificate of Provisional Registration
Any other documents to support the application

FOR OFFICIAL USE

Fees Paid ______________ Receipt Number ___________File Number _________

Receiving Officer ________________ Signature ____________Date ______/_____/20__

Comments:

_________________________________________________________________________

Name of Director ________________________ Signature __________________

Date ____________/_________/20____

Instructions for completing this form

This form has two sections that must be completed in full:

Comments - if any, that you wish to include.

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Name: ______________________ Designation: _______________________

Date: _______________________

_____

FIJI HIGHER EDUCATION COMMISSION

DECLARATION

I, ______________________________________________________________________

[full name of authorized officer]

the _____________________________________________________________________

[designation of the authorized officer]

of the ___________________________________________________________________

[name of the institution]

do solemnly and sincerely declare that the information contained on the preceding pages is true and correct, and I make it with the understanding and belief that a person who makes a false declaration is liable for prosecution.

Official Stamp of the institution

** This declaration can only be witnessed by a legal practitioner

Table on Category of Higher Education Institutions

_____

SCHEDULE 2

Form 4

FIJI HIGHER EDUCATION COMMISSION

APPLICATION TO AMEND DETAILS IN THE REGISTER OF HIGHER EDUCATION INSTITUTIONS

(Regulation 29(2))

FOR OFFICIAL USE

Fees Paid ____________ Receipt Number _____________ File Number ____________

Receiving Officer _______________ Signature ___________ Date _____/_____/20___

Database amended by ________________________________ Date _____/_____/20___

H E Register amended by _____________________________ Date _____/_____/20___

Comments

__________________________________________________________________________________________________________________________________________________

Instructions for completing this form

Section A
1 - 4 provide administrative information an the institution, as contained in the registration certificate.

Section B

◦ Type of Information - write Registration if the change requested deals with the registration of the institution and Recognition if it deals with recognition,

◦ Question No. - write the number of the question for which the data is to be amended. The question number could be obtained from the relevant form.

◦ Current Details - write the data which is to be amended, as it appears in the database before the amendment.

◦ New Details - write the proposed amended data, as it should appear after the amendment.

◦ Comments

Table on Category of Higher Education Institutions

Please indicate the information that is to be amended by completing the table given below.

[Use extra sheets if necessary and attach

_____

FIJI HIGHER EDUCATION COMMISSION

DECLARATION

I, _______________________________________________________________________

[full name of authorized officer]

the ______________________________________________________________________

[designation of the authorized officer]

of the ____________________________________________________________________

[name of the institution]

do solemnly and sincerely declare that the information contained on the preceding pages is true and correct, and I make it with the understanding and belief that a person who makes a false declaration is liable for prosecution.

Official Stamp of the institution

** This declaration can only be witnessed by a legal practitioner

_____

SCHEDULE 3

Form 1

(Regulation 41(1)(b))

FIJI HIGHER EDUCATION COMMISSION

NOTICE OF REVIEW

(To be completed in duplicate)

Pursuant to section 9 of the Higher Education Promulgation 2008 and the Higher Education Regulations 2009 the ____________________ (name of the institution) located at ___________________________________ is hereby given notice to undergo a review.

You are required to pay to the Commission a fee of ____________________ not later than
______________________________

Dated at Suva this ____________ day of __________ 20____

________________
Chairman, Fiji Higher Education Commission

Official Stamp

_________________________________________________________________________

To be completed by the institution

Received by _______________________ (designation of officer)

Official Stamp

_____

SCHEDULE 3

Form 2

(Regulation 42(2))

FIJI HIGHER EDUCATION COMMISSION

REQUEST FOR INFORMATION

For the purpose of reviewing the progress of your institution, in accordance with section 9 of the Promulgation, you are hereby requested to furnish the Commission with the following;

(2) the annual reports and the audited financial reports of the institution for the past three years;

no later than _________________________________________

Dated at Suva this ______________ day of _______________ 20____

________________________
Chairman, Fiji Higher Education Commission

Official Stamp

_____

SCHEDULE 4

Form 1

(Regulation 49(4))

HIGHER EDUCATION APPEALS TRIBUNAL

NOTICE OF APPEAL

You are hereby given notice that _______________________________________(name of appellant) of ____________________________________(address) is appealing against the decision of the Commission to
___________________________________________________________________________________________________________________________________________________________________________________________________________________________

The Grounds for Appeal are;
_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Dated this ______________ day of _____________, 20____

SIGNED _______________________
Chief Tribunal

Official stamp of the Tribunal

_________________________________________________________________________

To be completed by the Commission

Official Stamp of the Commission

_____

SCHEDULE 5
(Regulation 5(1)

Form 1

FIJI HIGHER EDUCATION COMMISSION

OATH OF OFFICE

I __________________________________________________________ being appointed ________________________________of the Fiji Higher Education Commission do swear that I will, to the best of my judgment, at all times when so required, freely give my objective and sincere counsel, advice and opinion to the Minister and all persons acting under him for the good management of the affairs of the Fiji Higher Education Commission, and I do further swear that I will not disclose such counsel, advice or opinion to any person except with the express authority of my superior, directly or indirectly reveal the business or proceedings of the Fiji Higher Education Commission or the nature or contents of any documents communicated to me or any matter coming to my knowledge in my capacity as Commissioner and that in all things I will be a true and faithful officer of the Commission.

So help me God.

..........................
Signature of Officer

Taken before me this .......... day of .......................................... 20......

....................................
Signature of the Minister responsible for Higher Education

....................................
Name of the Minister responsible for Higher Education

_____

SCHEDULE 5b
(Regulations 5(2)

Form 2

FIJI HIGHER EDUCATION COMMISSION

OATH OF OFFICE

I __________________________________________________________ being appointed _______________________________ of the Fiji Higher Education Commission do swear that I will, to the best of my judgment, at all times when so required, freely give my objective and sincere counsel, advice and opinion to the Minister and all persons acting under him for the goad management of the affairs of the Fiji Higher Education Commission, and I do further swear that I will not disclose such counsel, advice or opinion to any person except with the express authority of my superior, directly or indirectly reveal the business or proceedings of the Fiji Higher Education Commission or the nature or contents of any documents communicated to me or any matter coming to my knowledge in my capacity as a staff of the Commission and that in all things I will he a true and faithful officer of the Commission.

So help me God.

........................
Signature of Officer

Taken before me this ......... day of .......................................... 20......

..................................
Signature of the Director, Fiji Higher Education Commission

_____

SCHEDULE 6

Form 1

(Regulation 53(2))

FIJI HIGHER EDUCATION COMMISSION

DECLARATION

I, _______________________________________________________________________

[full name of authorized officer]

the ______________________________________________________________________

[designation of the authorized officer)

of the ____________________________________________________________________

[name of the institution]

do solemnly and sincerely declare that the information contained on the preceding pages is true and correct, and I make it with the understanding and belief that a person who makes a false declaration is liable for prosecution.

Official Stamp of the institution

** This declaration can only be witnessed by a legal practitioner

_____

SCHEDULE 7

(Regulation 10(1), Regulation 16(3), Regulation 41(2) & Regulation 50(3))

APPLICATION FEES FOR RECOGNITION, REGISTRATION, REVIEW & APPEAL

_____

SCHEDULE 8

(Regulation 27(1) & Regulation 55(1))

CONVERSION OF REGISTRATION AND ANNUAL FEES

_____

SCHEDULE 9

(Regulation 29 (2))

FEES FOR APPLICATION TO AMEND DETAILS IN THE REGISTER

_____

SCHEDULE 10

(Regulation 56)

APPLICATION FEES FOR REPLACEMENT CERTIFICATES