Higher Education Authority Act 2022
|
Determination of matter by Chief Executive Officer | ||
|
65. (1) The Chief Executive Officer may, in relation to a matter that is the subject of a request under section 64 (1), make a determination under subsection (3) for action to be taken by him or her in relation to the designated institution of higher education concerned if, following the request, the designated institution of higher education concerned does not undertake a review or prepare and submit a report to the Chief Executive Officer, or both, in accordance with section 64 . | ||
(2) If, following the receipt and consideration of a report under section 64 prepared and submitted by the designated institution of higher education concerned, the Chief Executive Officer is not satisfied that his or her concerns about the governance of the institution or the performance by it of its functions or compliance by it with its obligations have been adequately addressed and resolved, the Chief Executive Officer may make a determination under subsection (3) for action to be taken by him or her in relation to that institution. | ||
(3) The Chief Executive Officer may make a determination in writing to take all or any of the following actions as respects the designated institution of higher education concerned in order to address his or her concerns referred to in section 64 (1) in relation to that institution and, where appropriate, more than one action may be taken at any one time: | ||
(a) the imposition of remedial measures as respects the institution concerned in accordance with section 66 ; | ||
(b) the provision of information to such bodies as the Chief Executive Officer considers appropriate, as respects the institution concerned, in accordance with section 67 ; | ||
(c) the undertaking of a review of a matter concerning the institution concerned in accordance with section 68 . | ||
(4) A determination by the Chief Executive Officer under paragraph (a) or (c) of subsection (3) may be appealed by the designated institution of higher education concerned in accordance with section 69 within the prescribed period after the service of a notice on that institution under section 66 (2) or 68 (2), as the case may be. | ||
(5) The Chief Executive Officer may publish a determination under subsection (3) in such form or manner as he or she considers appropriate. | ||
(6) The bringing of an appeal by a designated institution of higher education against a determination of the Chief Executive Officer under subsection (3) to impose a remedial or other measure on the institution shall not affect the coming into operation of the measure pending the determination or discontinuance of the appeal, unless the Chief Executive Officer, on application to him or her in that behalf within 7 days after the service of a notice under section 66 (2), agrees to stay the operation of the measure concerned pending the determination of the appeal. | ||
(7) Where the Chief Executive Officer refuses an application from a designated institution of higher education under subsection (6), the institution may apply to the appeals board established to determine the appeal to have the operation of the remedial or other measure concerned suspended until the determination of the appeal by the appeals board and, on such application, the appeals board may, if it considers it appropriate to do so, grant the application. | ||
(8) The bringing of an appeal by a designated institution of higher education against a determination of the Chief Executive Officer under paragraph (c) of subsection (3) shall have the effect of staying the operation of the determination until the appeal is determined or discontinued. |