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Higher Education Promulgation 2008

REPUBLIC OF FIJI ISLANDS
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INTERIM GOVERNMENT OF THE REPUBLIC OF THE FIJI ISLANDS
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HIGHER EDUCATION PROMULGATION 2008
(PROMULGATION NO. 24 OF 2008)
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Arrangement of Sections


PART 1 - PRELIMINARY


1. Short title and commencement
2. Application of Promulgation
3. Promulgation binds Government
4. Interpretation


PART 2 - ESTABLISHMENT OF THE HIGHER EDUCATION COMMISSION


5. Higher Education Commission
6. Membership
7. Functions
8. Committees to assist the Commission
9. Review Committee
10. Directions
11. Register of higher education institutions
12. Appointment of Director and other staff


PART 3 - ESTABLISHMENT AND RECOGNITION OF UNIVERSITIES INCLUDING DEGREE-AWARDING INSTITUTES OFTECHNOLOGY


13. Restriction on operation
14. Restriction on name
15. Restriction on use of the title "university"
16. Application for recognition
17. Criteria for recognition
18. Application for Registration
19. Consideration of application for registration by Commission
20. Approval for registration
21. Enactment of a University Act
22. Certificate of Registration
23. Duration of registration
24. Registration Fee
25. Revocation of recognition and registration
26. Application for Accreditation
27. Authorization to confer an award


PART 4 - ESTABLISHMENT AND RECOGNITION OF OTHER HIGHER EDUCATION INSTITUTIONS


28. Restriction on operation
29. Restriction on name
30. Application for recognition
31. Criteria for recognition
32. Application for Registration
33. Consideration of application for registration by Commission
34. Approval for registration
35. Certificate of registration
36. Duration of registration
37. Registration fee
38. Revocation of recognition and registration
39. Application for Accreditation
40. Authorization to confer an award


PART 5 - APPEALS


41. Higher Education Appeals Tribunal
42. Review of decisions
43. Determination of appeals


PART 6 - FINANCIAL PROVISIONS


44. Financial year
45. Annual Estimates
46. Funds of Commission
47. Grants


PART 7 - MISCELLANEOUS


48. Annual reports of higher education institutions
49. Annual report for Parliament
50. Power of the Commission to access information
51. Winding up of institutions
52. Power to make Regulations
53. Allowances for Commissioners, etc
54. Transitional provisions

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HIGHER EDUCATION PROMULGATION 2008
(PROMULGATION NO. 24 OF 2008)


IN EXERCISE of the powers conferred upon the Interim Government, and upon the exercise of my own deliberate judgment as President of the Republic of the Fiji Islands as to what is best and good for the people of Fiji, and by the executive authority of the State in accordance with section 85 of the Constitution and such other powers as may appertain, and with the advice of Cabinet, I, Josefa Iloilovatu Uluivuda, make this Promulgation-


TO REGULATE THE ESTABLISHMENT, RECOGNITION, OPERATION AND STANDARD OF UNIVERSITIES AND OTHER HIGHER EDUCATION INSTITUTIONS AND FOR RELATED MATTERS


PART 1 - PRELIMINARY


Short title and commencement

1.-(1) This Promulgation may be cited as the Higher Education Promulgation 2008.


(2) This Promulgation comes into force on the day appointed by the Minister by notice in the Gazette.


Application of Promulgation

2. This Promulgation applies to all higher education institutions in Fiji.


Promulgation binds Government

3. This Promulgation binds the Government.


Interpretation

4. In this Promulgation, unless the context otherwise requires -


"accreditation" in relation to a programme of study that leads to a higher education award, means the recognition that the standard of the programme of study and the way of delivering it, are appropriate to the award;


"appropriately qualified" means having the relevant qualifications and experience;


"Commission" means the Higher Education Commission;


"degree-awarding institute of technology" means an educational institution providing post-secondary education which specializes in technical education and training and awards qualifications up to degree level;


"higher education award" means the following qualifications -


(a) a degree or higher degree;


(b) post-graduate diploma;


(c) post-graduate certificate;


(d) a certificate, diploma, advanced diploma, associate degree if the programme of study relating to the diploma or certificate or associate degree is classified as higher education in the Higher Education Register; or


(e) any other award, if the programme of study relating to the award is generally understood to be higher education;


"higher education institution" means an educational institution in Fiji that provides award-conferring post-secondary education including, but not restricted to, Technical and Vocational Education and Training centres, information technology centres, secretariat schools, language schools, hospitality training centres, care-giving training providers, performing arts and sports academies, religious educational institutions, colleges and universities;


"Minister" means the Minister responsible for higher education;


"Other Higher Education Institutions" means higher education institutions that are neither universities nor degree-awarding institutes of technology;


"overseas institution" means an overseas higher educational institution that -


(a) is established and operates primarily in another country; and


(b) offers a programme of study leading to an award recognized as a higher education award by the entity responsible for recognizing higher education awards in that country;


"recognition" means the status awarded to an institution that possesses features of a higher education institution and meets the criteria prescribed in this Promulgation;


"registration" means registration of an institution by provision of a certificate of registration under section 22 or section 36, and includes renewal of registration.


PART 2 - ESTABLISHMENT OF THE HIGHER EDUCATION COMMISSION


Higher Education Commission

5.-(1) This section establishes the Higher Education Commission which shall be a body corporate with perpetual succession and a common seal and may -


(a) sue and be sued in its own name;


(b) after consultation with the Minister, acquire and hold real property of any description and subject to the terms and conditions upon which the same is held, may sell, exchange, lease, mortgage, dispose of or otherwise deal with such property.


(2) The seal of the Commission shall be authenticated by the signature of the Chairperson and one other member authorized to act in that behalf by the Commission.


(3) All documents, other than those required by law to be under seal, made by, and all decisions of, the Commission may be signified under the hand of the Chairperson or any member or officer authorized by the Commission to act in that behalf.


(4) All cheques and other negotiable instruments, and all receipts for money paid to the Commission, shall be signed, drawn, accepted, endorsed or otherwise executed, as the case may be, in such manner as the Commission may from time to time determine, so however, that no fewer than two persons shall be authorized to sign cheques.


Membership

6.-(1) The Commission shall consist of members appointed by the Minister as follows -


(a) a Chairperson;


(b) five members; and


(c) any other member the Minister may appoint, in consultation with the Commission, as and when he deems necessary.


(2) The terms and conditions of the appointment for membership shall be determined by the Minister.


(3) In appointing the members of the Commission, the Minister shall consider members who have -


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


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


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


(d) knowledge and experience in governance and management of higher education institutions;


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


(f) independence and integrity.


(4) Subject to the provisions of this Promulgation, the Commission shall conduct its own affairs in the appointment of its deputy-chairperson and regulation of its internal procedures.


Functions


7. The functions of the Commission are to -


(a) register and regulate higher education institutions according to the provisions of this Promulgation;


(b) foster and safeguard the national interest, the interests of students and parents, and also of local higher education providers;


(c) establish national standards for different qualifications;


(d) oversee the review process of higher education institutions;


(e) provide assurances that the programmes developed by the institutions meet national standards;


(f) promote the development of Fiji as a knowledge society;


(g) allocate government funds marked for higher education annually to higher education institutions according to a transparent and well-publicised criteria for allocation;


(h) foster co-operation among higher education institutions and linkages between higher education institutions and industry;


(i) maintain a database of higher education information;


(j) develop or cause to be developed an academic broadband facility for use by higher education institutions; and


(k) make recommendations to the Minister with respect to issues consistent with its functions including special projects.


Committees to assist the Commission

8. The Commission may establish committees consisting of its members and other persons it considers appropriate, to assist it in the performance of its functions.


Review Committee

9.-(1) The Commission shall establish a Review Committee consisting of four members appointed by it, who are not current members of the Commission or a committee established by it under section 8.


(2) The Review Committee shall conduct a review of the operation of existing and new higher education institutions according to the criteria, and guidelines set out by the Commission.


(3) The annual reports of higher education institutions shall be submitted to the Review Committee for consideration in the review process.


(4) In exceptional cases, the Review Committee may undertake a special audit of an institution as directed by the Commission.


Directions

10.-(1) The Minister may give the Commission written policy directions in relation to its powers and functions if the Minister is satisfied that it is necessary to do so in the public interest.


(2) The. Commission must comply with the Minister's directions given under subsection (1).


Register of higher education institutions

11. The Commission shall keep and maintain a Register of higher education institutions that are established under this Promulgation.


Appointment of Director and other staff

12.-(1) The Commission shall, with the approval of the Minister, appoint a Director on such terms and conditions as the Commission may determine.


(2) The Director shall be responsible to the Commission for the proper administration and management of the functions and affairs of the Commission in accordance with the policy laid down by the Commission.


(3) If the Director is temporarily unavailable or incapacitated by reason of illness or for any other reason temporarily unable to perform his/her duties, the Commission may appoint another person to act in the place of the Director during any such period of absence or disability.


(4) The Commission may, from time to time, appoint such other officers, employees, consultants, agents or other personnel as it thinks fit for the effective performance of its functions.


PART 3 - ESTABLISHMENT AND RECOGNITION OF UNIVERSITIES INCLUDING DEGREE-AWARDING INSTITUTES OFTECHNOLOGY


Restriction on operation

13.-(1) Subject to section 54, no person shall establish or operate a university or degree -awarding institute of technology unless the institution is established and registered by virtue of this Promulgation.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $50,000 for an individual or $250,000 for a body corporate or to imprisonment for term not exceeding 12 years for an individual or a director of a body corporate, or to both such fine and imprisonment.


Restriction on name

14.-(1) No person, other than the State, shall henceforth use "Fiji", "National" and "State" in the naming of a university or degree-awarding institute of technology unless approved by the Minister.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $20,000 for an individual or $100,000 for a body corporate or to imprisonment for term not exceeding 5 years for an individual or a director of a body corporate, or to both such fine and imprisonment.


Restriction on the use of the title “university”

15.-(1) No person shall -


(a) use the title "university" in naming an educational institution unless the institution is a higher education institution approved as a university by the Commission;


(b) use the title "university" in a business or corporation name unless approved by the Commission or unless the business is that of an approved university;


(c) operate or purport to operate an establishment as a university or part of a university unless approved by the Commission;


(d) operate or purport to operate as a university or part of a university from Fiji, through the internet or any other telecommunication device unless approved by the Commission;


(e) advertise as a university, offer a course as a university, or issue an award as a university unless approved by the Commission.


(2) The Commission may grant approval to a person under subsection (1) with or without conditions.


(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $50,000 for an individual or $250,000 for a body corporate or to imprisonment for term not exceeding 12 years for an individual or a director of a body corporate, or to both such fine and imprisonment.


Application for recognition

16.-(1) An application for recognition as a university or degree-awarding institute of technology shall be made in writing to the Commission and accompanied by the prescribed fee.


(2) The Commission shall prescribe the process for assessing applications for recognition as a university or degree-awarding institute of technology.


Criteria for recognition

17.-(1) A university or a degree-awarding institute of technology in Fiji is a higher education institution that -


(a) is authorized by an Act to award higher education qualifications across a range of fields and to set standards for those qualifications;


(b) incorporates teaching and learning that engage with advanced knowledge and inquiry;


(c) demonstrates a culture of sustained scholarship extending from that which informs inquiry and basic teaching and learning, to the creation of new knowledge through research, and original creative endeavour;


(d) commits teachers, researchers, course designers and assessors to free inquiry and the systematic advancement of knowledge;


(e) safeguards the integrity of the institution's academic programmes through procedural rules, organization, admission policies, financial arrangements and quality assurance processes.


(2) The Commission may prescribe more detailed and specific criteria in addition to the criteria listed in subsection (1).


Application for Registration

18.-(1) An application for registration as a university or degree-awarding institute of technology shall be made in writing to the Commission accompanied by the prescribed fee.


(2) The Commission shall prescribe the process for assessing applications for registration as a university or degree-awarding institute of technology.


Consideration of application for registration by Commission

19.-(1) When assessing an application for registration as a university or degree-awarding institute of technology, the Commission shall consider the following -


(a) an indication, on the basis of written material and discussion with the university or degree-awarding institute of technology, that the institution will comply with the relevant guidelines;


(b) an assessment of senior or high-level executives, including administrative and academic staff;


(c) an inspection of existing facilities, plans of facilities and delivery modes for programmes the institution proposes to offer to ensure that they meet national standards;


(d) an evaluation of the financial capacity of the institution to deliver its proposed programmes and to sustain them appropriately; and


(e) willingness of the institution or person to participate in periodic review processes, including national quality assurance processes.


(2) When considering an application, the Commission may take into account other information not contained in the application provided that such information is brought to the notice of the applicant.


Approval for registration

20.-(1) The Commission may approve the registration of a university or a degree-awarding institute of technology that satisfies the requirements of section 19 or conforms with the schedule of criteria prescribed by the Commission.


(2) If the Commission approves an application for registration with conditions, the Commission shall, as soon as possible, notify the applicant about the conditions of the approval and the reasons for imposing such conditions.


(3) An applicant who is granted a conditional approval may, in writing, make representations to the Commission concerning the conditions, within 3 months after receiving notification from the Commission.


(4) The Commission shall, as soon as possible, notify an applicant of the outcome of its representation.


Enactment of a University Act

21.-(1) If the Commission grants approval for registration as a university, the Commission shall cause a Bill for an Act to establish that university to be submitted to the Minister who is to table it in Parliament for enactment.


(2) The Commission may, while the enactment of an Act under subsection (1) is pending, allow a university to begin operations as soon as it is notified of the Commission's approval for registration and related fees have been paid.


Certificate of Registration

22.-(1) The Commission shall issue a certificate of registration to a university or degree-awarding institute of technology that has been granted an approval for, or renewal of, registration.


(2) If a certificate of registration is lost or destroyed, the Commission may, upon receipt of the prescribed fee, issue a replacement certificate.


Duration of registration

23. A registration remains in force for a period of five years after which it has to be renewed.


Registration Fee

24. The Commission shall determine the fees relating to the registration of higher education institutions.


Revocation of recognition and registration

25.-(1) The Commission may -


(a) after receiving a report from the Review Committee, invite and consider submissions from a higher education institution or person; and


(b) revoke or suspend the registration or impose any condition on the registration of a university or degree-awarding institute of technology.


(2) A person may appeal the decision of the Commission made pursuant to this section to the Higher Education Appeals Tribunal.


Application for Accreditation

26.-(1) An application for accreditation as a university or degree-awarding institute of technology shall be made in writing to the Commission accompanied by the prescribed fee.
.
(2) The Commission shall prescribe the process for assessing applications for accreditation of courses and programmes in universities or degree-awarding institutes of technology.


Authorization to confer an award

27.-(1) No university or degree-awarding institute of technology shall confer a higher education award unless the institution is recognized and registered by the Commission under the provisions of this Promulgation.


(2) An award shall not be recognized as a higher education award unless the institution conferring the award is a recognized and registered university or degree-awarding institute of technology under this Part.


(3) No higher education award, other than an honorary award, shall be conferred on a person unless the person has successfully completed a programme of study relating to the award.


(4) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $20,000 for an individual or $100,000 for a body corporate or to imprisonment for a term not exceeding 5 years for an individual or a director with respect to a body corporate, or to both such fine and imprisonment.


PART 4 - ESTABLISHMENT AND RECOGNITION OF OTHER HIGHER EDUCATION INSTITUTIONS


Restriction on operation

28.-(1) Subject to section 54, no person shall operate a higher education institution that is neither a university nor a degree-awarding institute of technology unless the institution is established and registered by virtue of this Promulgation.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $20,000 for an individual or $100,000 for a body corporate or to imprisonment for a term not exceeding 5 years for an individual or a director with respect to a body corporate, or to both such fine and imprisonment.


Restriction on name

29.-(1) No person, other than the State, shall henceforth use "Fiji", "National" and "State" in the naming of Other Higher Education institutions unless approved by the Minister.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $20,000 for an individual or $100,000 for a body corporate or an imprisonment for a term not exceeding 5 years for an individual or a director with respect to a body corporate, or to both such fine and imprisonment.


Application for recognition

30.-(1) An application for recognition as an Other Higher Education Institution shall be made in writing to the Commission accompanied by the prescribed fee.


(2) The Commission shall prescribe the process for assessing applications for recognition of Other Higher Education institutions.


Criteria for recognition

31.-(1) A higher education institution that is neither a university nor a degree-awarding institute of technology is one that -


(a) is authorized by the Commission to award higher education qualifications in one or more fields and to set standards for those qualifications;


(b) incorporates teaching, learning and training that engage with knowledge and skills;


(c) safeguards the integrity of the institution's education and training programmes through procedural rules, organization, admission policies, financial arrangements and quality assurance processes.


(d) has appropriately qualified staff.


(2) The Commission may prescribe more detailed and specific criteria in addition to the criteria listed under subsection (1).


Application for Registration

32.-(1) An application for registration as an Other Higher Education Institution shall be made in writing to the Commission accompanied by the prescribed fee.


(2) The Commission shall prescribe the process for assessing applications for registration as an Other Higher Education Institution.


Consideration of application for registration by Commission

33.-(1) When assessing an application for registration of a higher education institution that is neither a university nor a degree-awarding institute of technology, the Commission shall consider the following -


(a) an indication, on the basis of written material and discussion with the institution, that the institution will comply with the relevant guidelines;


(b) an assessment of management and staff, including administrative and academic staff;


(c) an inspection of existing facilities and or plans of facilities and delivery modes for programmes the institution proposes to offer to ensure that they meet national standards;


(d) an evaluation of the financial capacity of the institution to deliver its proposed programmes and to sustain them appropriately; and


(e) willingness of the applying organization or institution or person to participate in periodic review processes, including national quality assurance processes.


(2) When considering an application, the Commission may take into account other information not contained in the application provided that such information is brought to the notice of the applicant.


Approval for registration

34.-(1) The Commission may approve the registration of an Other Higher Education Institution that satisfies the requirements of section 33 or conforms with the schedule of criteria prescribed by the Commission.


(2) If the Commission approves an application for registration with conditions, the Commission shall, as soon as possible, notify the applicant about the conditions of the approval and the reasons for imposing such conditions.


(3) An applicant who is granted a conditional approval may, in writing, make representations to the Commission concerning the conditions, within 3 months after receiving notification from the Commission.


(4) The Commission shall, as soon as possible, notify an applicant of the outcome of its representation.


Certificate of Registration

35.-(1) The Commission shall issue a certificate of registration to an Other Higher Education Institution that has been granted an approval for, or renewal of, registration.


(2) If a certificate of registration is lost or destroyed, the Commission may, on receipt of the prescribed fee, issue a replacement certificate.


Duration of registration

36. A registration remains in force for a period of five years after which it has to be renewed.


Registration Fee

37. The Commission shall determine the fees relating to the registration of Other Higher Education Institutions.


Revocation of recognition and registration

38.-(1) The Commission may -


(a) after receiving a report from the Review Committee, invite and consider submissions from a higher education institution or person; and


(b) revoke or suspend the registration or impose any condition on the registration of an Other Higher Education Institution.


(2) A person may appeal the decision of the Commission made pursuant to this section to the Higher Education Appeals Tribunal.


Application for Accreditation

39.-(1) An application for accreditation as an Other Higher Education Institution shall be made in writing to the Commission accompanied by the prescribed fee.


(2) The Commission shall prescribe the process for assessing applications for accreditation of courses and programmes in Other Higher Education Institutions.


Authorization to confer an award

40.-(1) No Other Higher Education Institution shall confer an award unless the institution is registered or recognized by the Commission under this Promulgation.


(2) An award conferred by an Other Higher Education Institution shall not be recognized as a higher education award unless the institution conferring the award is recognised and registered by the Commission' under this Part.


(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $20,000 for an individual or $100,000 for a body corporate or to imprisonment for a term not exceeding 5 years for an individual or a director with respect to a body corporate, or to both such fine and imprisonment.


PART 5 – APPEALS


Higher Education Appeals Tribunal

41.-(1) This section establishes the Higher Education Appeals Tribunal consisting of -


(a) a chairperson, who must be a person qualified to be appointed as a judge or is a retired judge; and


(b) two members who are of standing in the community.


(2) The members of the Higher Education Appeals Tribunal shall be appointed by the Minister for a term of 3 years, either on a full-time or part-time basis and are eligible for re-appointment.


Review of decisions

42.-(1) Subject to subsection (2), a higher education institution that is aggrieved by a decision of the Commission and has exhausted the means prescribed under this Promulgation for review by the Commission of its decision, may apply to the Higher Education Appeals Tribunal for a review of the decision.


(2) The Higher Education Appeals Tribunal shall have jurisdiction to review only the Commission's decisions relating to:


(a) a refusal of an institution's application for registration or recognition, or for accreditation of a programme or course of study;


(b) the imposing of conditions on an institution's registration or recognition, or accreditation of a programme or course of study; and


(c) the suspension or cancellation of an institution's registration or recognition, or accreditation of a programme or course of study.


Determination of appeals

43.-(1) In determining an appeal, the Higher Education Appeals Tribunal may -


(a) confirm the original decision;


(b) amend the original decision;


(c) substitute another decision for the original decision; or


(d) set aside the original decision and return the matter to the Commission with any directions it considers appropriate.


(2) The Higher Education Appeals Tribunal shall determine an appeal in accordance with the procedures set out in the regulations.


PART 6 - FINANCIAL PROVISIONS


Financial year

44. The financial year of the Commission shall be from 1st January to 31st December of each year.


Annual estimates

45.-(1) The Commission shall, in each financial year, prepare or cause to be prepared and shall adopt annual estimates of income and expenditure of the Commission for the ensuing financial year.


(2) Supplementary estimates may be adopted by the Commission at any of its meetings.


(3) A copy of all annual and supplementary estimates shall, upon their adoption by the Commission, be sent immediately to the Minister.


Funds of the Commission

46.-(1) The funds of the Commission shall consist of -


(a) moneys received by the Commission by way of grants or subsidies;


(b) gifts, donations and contributions to the Commission;


(c) fees, charges, rents, interests, dividends and other income accruing to the Commission;


(d) moneys recovered or collected by the Commission or any officer or employee thereof (including sums collected for the composition of offences) under this Promulgation or any other written law administered by the Commission; and


(e) other moneys lawfully received by the Commission for the purposes of the Commission.


(2) The funds of the Commission shall be subjected to the financial management and procedures of the Ministry of Finance.


Grants

47.-(1) For the purpose of enabling the Commission to carry out its functions under this Promulgation, the Minister shall allocate annual grants to the Commission of such sums as the Minister may determine out of moneys to be provided by Parliament.


(2) The Commission shall account annually to Government through the Minister all revenues it collects under section 46.


(3) The accounts of the Commission shall be audited by the Auditor General.


PART 7 - MISCELLANEOUS


Annual reports of higher education institutions

48.-(1) A higher education institution shall, on or before 30 June each year, provide the Commission with an annual report for the period from 1st January to 31st December of the previous year, containing the matters relating to annual reports set out by the Commission, including, whenever required, audited financial reports.


(2) The annual report of a higher education institution shall be available for public examination, free of charge, at locations where the institution operates.


Annual report for Parliament

49. At the end of each financial year, the Commission shall submit an annual report, which must include an audited financial report, to the Minister on or before 30 September the following year and the Minister shall cause a copy of the report to be tabled in Parliament.


Power of the commission to access information

50.-(1) The Commission may require a higher education institution to provide such information as maybe needed relating to any aspect of the institution's operation.


(2) In gathering the requisite information under subsection (1), the Commission may utilize such means as it considers necessary to acquire the information.


Winding up of institutions

5l.-(1) A higher education institution intending to windup its operations shall inform the Commission in writing at least 12 months before the intended date of closure.


(2) For the purposes of subsection (1), an institution shall ensure that the future of the education and training of its students is not jeopardized.


(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $50,000 for an individual or $250,000 for a body corporate or to imprisonment for a term not exceeding 12 years for an individual or a director with respect to a body corporate, or to both such fine and imprisonment.


Power to make Regulations

52.-(1) The Minister may make regulations to give effect to the provisions of this Promulgation, and in particular to regulate -


(a) procedures and requirements for an application for recognition, registration and accreditation;


(b) fees, charges and other costs;


(c) guidelines for the conduct of appeals and hearings;


(d) other procedures, rules and forms for use under this Promulgation;


(e) inspection or entry in the register; and


(f) other services provided by the Commission.


(2) The regulations may prescribe penalties of a fine not exceeding $12,000 or imprisonment not exceeding 2 years, for offences committed under it.


Allowances for Commissioners, etc

53. The members of the Commission, Higher Education Appeals Tribunal and Review Committee shall receive allowances in accordance with the conditions determined by the Minister.


Transitional provisions

54.-(1) At the commencement of this Promulgation, all existing higher education institutions, including overseas higher education institutions established and operating in Fiji either under agency arrangements with local institutions or as a Fiji campus of its overseas institution, are deemed to have been granted provisional registration for one year under this Promulgation.


(2) A provisional registration under subsection (1) may be extended with the approval of the Minister.


(3) An institution which is the holder of a provisional registration under subsection (1) must within six months from the date of notification in the Gazette of the appointment of the Commission, apply for full registration to the Commission.


GIVEN UNDER MY HAND this 15th day of October 2008.


J. I. ULUIVUDA
President of the Republic of the Fiji Islands

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