SAE Institute Pty Ltd and Tertiary Education Quality and Standards Agency

The Administrative Appeals Tribunal reviewed a decision by the Tertiary Education Quality and Standards Agency (TEQSA) concerning an application by SAE Institute Pty Ltd to change its provider registration category. SAE Institute, a long-standing provider of vocational and higher education courses, sought to be registered in the newly established "University College" category under the Higher Education Standards Framework (Threshold Standards) 2021. TEQSA had initially refused this application.

The Tribunal was required to determine whether SAE Institute met the criteria for registration as a University College, specifically considering the relevance and application of the Threshold Standards in the context of a category change application under section 38 of the *Tertiary Education Quality and Standards Agency Act 2011* (Cth). A key issue was whether the Threshold Standards were a mandatory consideration or merely a relevant one when deciding on such an application, and whether TEQSA possessed a discretion to refuse a category change even if the applicant met the relevant criteria.

The Tribunal reasoned that while TEQSA must have regard to the Threshold Standards before making a decision under section 38, the Act does not mandate that these standards are the sole determinant for a category change. It found that SAE Institute met the relevant criteria for the University College category, including the Part A Standards for Higher Education. The Tribunal also noted that TEQSA did not contend it would exercise its discretion under section 38(1A) to refuse the change if the criteria were met. Consequently, the Tribunal was satisfied that SAE Institute met the necessary criteria and that it was reasonable to exercise the discretion under section 38(1) to change the provider registration category.

The Tribunal set aside TEQSA's decision and substituted it with a decision to change SAE Institute's provider registration category to University College. The Tribunal also considered the implications for the registration period, concluding that the existing registration expiry date of 6 November 2026 would continue to apply in the absence of specific provisions in the TEQSA Act addressing category changes.