Australian College of Theology Ltd and Tertiary Education Quality and Standards Agency

The Australian College of Theology Ltd (ACT) sought to be registered as an Australian University, but the Tertiary Education Quality and Standards Agency (TEQSA) refused its application. The dispute centred on whether ACT met the Threshold Standards for registration as a university, specifically the requirement to undertake research at or above "world standard" in Religious Studies. The matter came before Member Lee Benjamin.

The legal issues before the Tribunal were whether ACT satisfied the Threshold Standards for registration as a university, with a particular focus on the requirement for world-standard research output in Religious Studies. The Tribunal also had to consider whether, even if ACT met the standard, it should exercise its discretionary power in light of TEQSA's objections. TEQSA argued that ACT's research was too concentrated among a small group of staff, raised concerns about "confessional scholarship" potentially excluding lower-quality outputs, and contended that ACT's reliance on benchmarking and bibliometrics was an unreliable indicator of world-standard research.

The Tribunal was required to assess the evidence presented by ACT, including a peer review analysis by two experts and an assessment by two consultants experienced in research performance reviews. ACT argued that it met the standard, noting its specialised focus within the Threshold Standards. TEQSA, however, maintained that meeting the research standard was critical and a defining feature of a university, not merely a right to be claimed. The Tribunal's reasoning and the legal principles applied would have involved a detailed examination of the evidence against the criteria set out in the Threshold Standards.