Tertiary Education Quality and Standards Agency Act 2011 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Tertiary Education Quality and Standards Agency Act 2011 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 29 June 2011 |
Sections 3 to 8 | The later of: (a) 1 July 2011; and
| 29 July 2011 (paragraph (b) applies) |
Section 9 | The later of: (a) 1 January 2012; and
| 29 January 2012 (paragraph (b) applies) |
Part 1, Division 5 | The later of: (a) 1 July 2011; and
| 29 July 2011 (paragraph (b) applies) |
Parts 2 to 4 | The later of: (a) 1 January 2012; and
| 29 January 2012 (paragraph (b) applies) |
Part 5, Division 1 | The later of: (a) 1 July 2011; and
| 29 July 2011 (paragraph (b) applies) |
Part 5, Division 2, and Parts 6 and 7 | The later of: (a) 1 January 2012; and
| 29 January 2012 (paragraph (b) applies) |
Parts 8 to 10 | The later of: (a) 1 July 2011; and
| 29 July 2011 (paragraph (b) applies) |
Part 11 | The later of: (a) 1 January 2012; and
| 29 January 2012 (paragraph (b) applies) |
Part 12 | The later of: (a) 1 July 2011; and
| 29 July 2011 (paragraph (b) applies) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The objects of this Act are:
(a) to provide for national consistency in the regulation of higher education; and
(b) to regulate higher education using:
(i) a standards‑based quality framework; and
(ii) principles relating to regulatory necessity, risk and proportionality; and
(c) to protect and enhance:
(i) Australia’s reputation for quality higher education and training services; and
(ii) Australia’s international competitiveness in the higher education sector; and
(iii) excellence, diversity and innovation in higher education in Australia; and
(d) to encourage and promote a higher education system that is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population; and
(e) to protect students undertaking, or proposing to undertake, higher education in Australia by requiring the provision of quality higher education; and
(f) to ensure students undertaking, or proposing to undertake, higher education, have access to information relating to higher education in Australia; and
(g) to protect and enhance the academic integrity of courses provided by higher education providers by prohibiting academic cheating services.
The following is a simplified outline of this Act:
• An entity must be registered before it can offer or confer any of the following awards (regulated higher education awards):
(a) Australian higher education awards;
(b) overseas higher education awards, if those awards relate to courses of study provided at Australian premises.
• Registered higher education providers must have their courses of study accredited before those courses can be provided in connection with regulated higher education awards. Some providers (including those providers registered in the “Australian University” provider category) are authorised to self‑accredit some or all of their courses of study.
• The Tertiary Education Quality and Standards Agency (
TEQSA ) registers providers and accredits courses of study. TEQSA regulates higher education using principles relating to regulatory necessity, risk and proportionality, and using a standards‑based quality framework.• That quality framework is a series of standards made by the Minister on the advice of the Higher Education Standards Panel.
• TEQSA has a role in preventing and minimising the use and promotion of academic cheating services in courses provided by higher education providers.
In this Act:
academic cheating service means the provision of work to or the undertaking of work for students, in circumstances where the work:
(a) is, or forms a substantial part of, an assessment task that students are required to personally undertake; or
(b) could reasonably be regarded as being, or forming a substantial part of, an assessment task that students are required to personally undertake.
academic cheating services information means information that:
(a) was obtained under, or for the purposes of, this Act; and
(b) relates to the use or provision of an academic cheating service by a person; and
(c) identifies, or is reasonably capable of being used to identify, the person.
accreditation assessment means an assessment conducted under section 61.
accredited course means a course of study that:
(a) if a registered higher education provider is authorised to self‑accredit the course of study—is accredited by the provider; and
(b) otherwise—is accredited by TEQSA.
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
affected unit , of an original course, means a unit of study that a domestic student was enrolled in when a registered higher education provider defaulted in relation to the student.
approved means approved by TEQSA, in writing, for the purposes of the provision in which the expression occurs.
assessment task means an assignment, essay, examination, practicum, presentation, project or any other assessable part of a course of study, whether mandatory or optional.
associated provisions : this Act’sassociated provisions are the provisions of theCrimes Act 1914 or theCriminal Code that relate to this Act.
Australia , when used in a geographical sense, includes the external Territories.
Australian corporation means a trading or financial corporation formed within the limits of the Commonwealth (to which paragraph 51(xx) of the Constitution applies).
Australian course of study means:
(a) a single course leading to an Australian higher education award; or
(b) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more Australian higher education awards.
Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the Australian higher education awards of Bachelor of Arts and Bachelor of Laws.
Australian higher education award means a higher education award offered or conferred (whether solely or jointly) by:
(a) an Australian corporation; or
(b) a corporation established by or under a law of the Commonwealth or a Territory; or
(c) a person (other than an individual) established in Australia who conducts activities in a Territory; or
(d) an Australian resident who conducts activities in a Territory.
Australian premises , in relation to an overseas higher education award, means premises:
(a) in Australia; and
(b) occupied by the person (the
offeror ) who offers or confers the award, or by another entity; and(c) from which the offeror, or the other entity under an arrangement with the offeror, provides all or part of a course of study.
Australian Qualifications Framework has the same meaning as in theHigher Education Support Act 2003 .
Australian resident means an individual who resides in Australia and is:
(a) an Australian citizen; or
(b) the holder (within the meaning of the
Migration Act 1958 ) of a permanent visa (within the meaning of that Act).
authorised officer means a person appointed as an authorised officer under section 94.
carriage service provider has the same meaning as in theTelecommunications Act 1997 .
Chief Commissioner means the Chief Commissioner of TEQSA.
Chief Executive Officer means the Chief Executive Officer of TEQSA.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
commercial purpose means a purpose relating to the derivation of financial gain or reward.
Commissioner means the Chief Commissioner or another Commissioner of TEQSA.
Commonwealth authority means:
(a) an Agency (within the meaning of the
Public Service Act 1999 ); or(b) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth.
compliance assessment means an assessment conducted under section 59.
condition includes:
(a) for a condition imposed under section 32 (about conditions on registration)—that condition as varied under that section; or
(b) for a condition imposed under section 53 (about conditions on accreditation)—that condition as varied under that section.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
course of study means:
(a) an Australian course of study; or
(b) an overseas course of study.
decision‑maker for a decision relating to tuition protection: see section 187A.
default : see section 62C.
disclose means divulge or communicate.
domestic student means a person who:
(a) is not an overseas student (or an overseas student within the meaning of the
Education Services for Overseas Students Act 2000 ); and(b) is enrolled, or proposes to become enrolled, in an Australian course of study with a registered higher education provider.
enrolled : a personenrolled in an Australian course of study (or unit of study) includes a person undertaking the course (or unit).
entrusted person means a person who is or was any of the following:
(a) a Commissioner;
(b) a Panel member;
(c) the Chief Executive Officer;
(d) a member of the staff of TEQSA;
(e) a person performing a service for TEQSA.
executive officer of an entity means a person, by whatever name called and whether or not a director of the entity, who is concerned in, or takes part in, the entity’s management.
Federal Court means the Federal Court of Australia.
FEE‑HELP assistance has the same meaning as in theHigher Education Support Act 2003 .
fit and proper person has a meaning affected by section 7A.
foreign corporation means a foreign corporation to which paragraph 51(xx) of the Constitution applies.
full‑time Commissioner means a Commissioner appointed on a full‑time basis.
HECS‑HELP assistance has the same meaning as in theHigher Education Support Act 2003 .
HESA investigator has the same meaning as in theHigher Education Support Act 2003 .
higher education award means:
(a) a diploma, advanced diploma, associate degree, bachelor degree, undergraduate certificate, graduate certificate, graduate diploma, masters degree or doctoral degree; or
(b) a qualification covered by level 5, 6, 7, 8, 9 or 10 of the Australian Qualifications Framework; or
(c) an award of a similar kind, or represented as being of a similar kind, to any of the above awards;
other than an award offered or conferred for the completion of a vocational education and training course.
higher education information means information, relating to a regulated entity:
(a) that is obtained by TEQSA; and
(b) that relates to TEQSA’s functions; and
(c) that is not personal information (within the meaning of the
Privacy Act 1988 ).
higher education provider means:
(a) a constitutional corporation that offers or confers a regulated higher education award; or
(b) a corporation that:
(i) offers or confers a regulated higher education award; and
(ii) is established by or under a law of the Commonwealth or a Territory; or
(c) a person who offers or confers a regulated higher education award for the completion of a course of study provided wholly or partly in a Territory.
Higher Education Standards Framework means:
(a) the Threshold Standards; and
(b) any other standards made under paragraph 58(1)(b).
higher education student records :
(a) in relation to an entity that is a registered higher education provider, means a document, or an object, in any form (including any electronic form) that is held by the entity because of the document’s or object’s connection with a person who is or was enrolled in an accredited course provided by the entity; and
(b) in relation to an entity that is a former registered higher education provider, means a document, or an object, in any form (including any electronic form) that was held by the entity when the entity was a registered higher education provider because of the document’s or object’s connection with a person who was enrolled in an accredited course provided by the entity.
Higher Education Tuition Protection Director means the person referred to in section 167‑15 of theHigher Education Support Act 2003 .
Higher Education Tuition Protection Fund means the Fund established by section 167‑1 of theHigher Education Support Act 2003 .
Information Guidelines means guidelines referred to in item 1 of the table in section 204.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
lawyer means:
(a) a barrister; or
(b) a solicitor; or
(c) a barrister and solicitor; or
(d) a legal practitioner;
of the High Court or of the Supreme Court of a State or Territory.
member of the staff of TEQSA means:
(a) a person referred to in subsection 156(1); or
(b) a person whose services are made available to TEQSA under section 157.
national security has the same meaning as in theNational Security Information (Criminal and Civil Proceedings) Act 2004 .
national security information has the same meaning as in theNational Security Information (Criminal and Civil Proceedings) Act 2004 .
Open Universities Australia means Open Universities Australia Pty Ltd (ACN 053 431 888).
original course means an Australian course of study in relation to which a registered higher education provider has defaulted.
overseas course of study means:
(a) a single course leading to an overseas higher education award; or
(b) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more overseas higher education awards.
Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the overseas higher education awards of Bachelor of Arts and Bachelor of Laws.
overseas higher education award means a higher education award offered or conferred (whether solely or jointly) by:
(a) a foreign corporation; or
(b) a person (other than an individual) established outside of Australia who conducts activities in a Territory; or
(c) an individual, who is not an Australian resident, who conducts activities in a Territory.
overseas student means a person who:
(a) is not an Australian citizen; and
(b) is enrolled, or proposes to become enrolled, in:
(i) an Australian course of study with a registered higher education provider; or
(ii) a unit of study access to which was provided by Open Universities Australia;
but does not include:
(c) a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or
(d) a New Zealand citizen; or
(e) a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse, de facto partner (within the meaning of the
Acts Interpretation Act 1901 ) or dependent relative of such a representative.
Panel means the Higher Education Standards Panel established by section 166.
Panel Chair means the Panel Chair mentioned in paragraph 167(1)(a).
Panel member means the Panel Chair or another member of the Panel.
part‑time Commissioner means a Commissioner appointed on a part‑time basis.
preliminary assessment application fee means:
(a) for an application under section 18 (about applications for registration)—the fee payable under paragraph 18(3)(c); or
(b) for an application under section 46 (about applications for accreditation)—the fee payable under paragraph 46(2)(c).
premises includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
protected person has the meaning given by subsection 202(2).
provide a course of study : an entity mayprovide a course of study by one or more of the following means:
(a) a lecture, class or examination on campus or other premises;
(b) a postal or other like service;
(c) a computer adapted for communicating by way of the internet or another communications network;
(d) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or other communications network;
(e) a telephone;
(f) any other electronic device.
provider category means a provider category listed in the Threshold Standards.
provider obligation period : see subsection 62F(2).
qualified auditor means:
(a) a registered company auditor (within the meaning of the
Corporations Act 2001 ); or(d) a person approved by TEQSA under subsection 27(4).
quality assessment means an assessment conducted under section 60.
Register means the National Register of Higher Education Providers established and maintained under section 198.
registered higher education provider means a higher education provider registered under Part 3 and listed on the Register under paragraph 198(1)(a).
registered higher education provider charge means charge imposed by theTertiary Education Quality and Standards Agency (Charges) Act 2021 .
Register Guidelines means guidelines referred to in item 2 of the table in section 204.
regulated entity means:
(a) a constitutional corporation; or
(b) a corporation established by or under a law of the Commonwealth or a Territory; or
(c) a person who conducts activities in a Territory.
regulated higher education award has the meaning given by section 6.
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .
relative , in relation to a representative, includes:
(a) an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and
(b) someone who is a child (within the meaning of the
Family Law Act 1975 ) of the representative, or of whom the representative is a child (within the meaning of that Act); and(c) relatives traced through relationships referred to in paragraphs (a) and (b).
replacement course means an Australian course of study that enables a domestic student to finish:
(a) an original course; or
(b) a course that is equivalent to an original course.
replacement unit means a unit of study that replaces an affected unit of an original course.
Research Minister means the Minister administering theAustralian Research Council Act 2001 .
reviewable decision :
(a) for a decision by TEQSA—means a decision covered by section 183;
(b) for a decision relating to tuition protection—means a decision covered by section 187A.
reviewer , of a reviewable decision relating to tuition protection: see section 187B.
Secretary means the Secretary of the Department.
State or Territory authority means:
(a) a Department, or agency, of a State or Territory; or
(b) a body, whether incorporated or not, established for a public purpose by or under a law of a State or Territory.
substantive assessment application fee means:
(a) for an application under section 18 (about applications for registration)—the fee payable under paragraph 20(1)(b); or
(b) for an application under section 46 (about applications for accreditation)—the fee payable under paragraph 48(1)(b).
Table A provider has the same meaning as in theHigher Education Support Act 2003 .
TEQSA : seeTertiary Education Quality and Standards Agency .
Tertiary Admission Centre means a person, body or organisation that provides services in relation to student admissions and enrolments on behalf of registered higher education providers.
Tertiary Education Quality and Standards Agency orTEQSA means the body established by section 132.
Threshold Standards means the Threshold Standards made under paragraph 58(1)(a).
tuition fees means:
(a) in relation to a unit of study for which a domestic student is liable to pay a student contribution amount within the meaning of the
Higher Education Support Act 2003 —that amount; or(b) in relation to a unit of study for which a domestic student is liable to pay a tuition fee within the meaning of the
Higher Education Support Act 2003 —that amount; or(c) if paragraph (a) or (b) does not apply—the amount, or the amount worked out using a method, prescribed by the Up‑front Payments Guidelines.
tuition protection requirements has the meaning given by subsection 26A(3).
unit of study :
(a) in relation to an Australian course of study and a registered higher education provider that is also a higher education provider within the meaning of the
Higher Education Support Act 2003 —has the same meaning as in that Act; or(b) in relation to an Australian course of study and a registered higher education provider that is not of the kind mentioned in paragraph (a) means:
(i) a subject or unit (however described) that a person may undertake as part of the course; or
(ii) if the course is not comprised of subjects or units as referred to in subparagraph (i)—the course.
up‑front payment for a domestic student for a unit of study:
(a) for a unit of study for which the student is liable to pay a student contribution amount within the meaning of the
Higher Education Support Act 2003 —has the same meaning as in section 93‑15 of that Act; or(b) for a unit of study for which the student is liable to pay a tuition fee within the meaning of the
Higher Education Support Act 2003— has the same meaning as in section 107‑5 of that Act; or(c) if paragraph (a) or (b) does not apply—means a payment of all or a part of the student’s tuition fees for the unit.
Up‑front Payments Guidelines means guidelines made by the Minister under section 26B.
up‑front payments tuition protection levy means levy imposed by theHigher Education (Up‑front Payments Tuition Protection Levy) Act 2020.
vacancy has a meaning affected by section 7.
vocational education and training course means a VET course (within the meaning of theNational Vocational Education and Training Regulator Act 2011 ).
(1) A
regulated higher education award is:
(a) an Australian higher education award offered or conferred for the completion of an Australian course of study; or
(b) an overseas higher education award offered or conferred for the completion of an overseas course of study provided wholly or mainly from Australian premises related to the award.
(2) The course of study does not need to be provided by the person that offers or confers the award.
(3) Paragraph (1)(a) does not apply to an Australian higher education award to the extent that it is offered or conferred by:
(a) a foreign corporation; or
(b) a person (other than an individual) established outside of Australia who conducts activities in a Territory; or
(c) an individual, who is not an Australian resident, who conducts activities in a Territory.
(1) For the purposes of a reference in:
(a) this Act to a vacancy in the office of a Commissioner; or
(b) the
Acts Interpretation Act 1901 to a vacancy in the membership of a body;there are taken to be 4 offices of Commissioners in addition to the Chief Commissioner.
(2) For the purposes of a reference in:
(a) this Act to a vacancy in the office of a Panel member; or
(b) the
Acts Interpretation Act 1901 to a vacancy in the membership of a body;there are taken to be 10 offices of Panel members in addition to the Panel Chair.
(1) In determining whether a person is a fit and proper person for the purposes of this Act, regard may be had to the matters (if any) specified in an instrument under subsection (2).
(2) TEQSA may, by legislative instrument, make a determination specifying matters for the purposes of subsection (1).
(3) TEQSA must not make an instrument under subsection (2) unless the Minister has given written approval to the making of the instrument.
(4) TEQSA must give the Minister such information as the Minister reasonably requires for the purposes of making a decision under subsection (3).
(1) The following entities are not required to comply with a State or Territory law purporting to regulate the provision of higher education:
(a) a higher education provider;
(b) a regulated entity who intends to become a higher education provider if:
(i) the regulated entity has applied to TEQSA for registration under section 18; and
(ii) TEQSA has not made a decision on the application.
(2) Subsection (1) does not apply in relation to a State or Territory law to the extent that:
(a) the law establishes the higher education provider or regulated entity; or
(b) the law regulates who may carry on an occupation; or
(c) the law is of a kind specified in regulations made for the purposes of this paragraph.
(3) Subsection (1) does not apply in relation to a State or Territory law if that law purports to regulate a matter, of which the provision of higher education is only a part, unless that law is of a kind specified in regulations made for the purposes of this subsection.
(1) This Act binds the Crown in each of its capacities.
(2) However, nothing in this Act makes the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
(1) This Act extends to every external Territory.
(2) Except so far as the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.
Section 15.4 of the
Criminal Code (extended geographical jurisdiction—category D) applies to each offence against this Act or this Act’s associated provisions.
TEQSA must comply with the following principles when exercising a power under this Act in relation to a regulated entity:
(a) the principle of regulatory necessity;
(b) the principle of reflecting risk;
(c) the principle of proportionate regulation.
TEQSA complies with the principle of regulatory necessity if its exercise of the power does not burden the entity any more than is reasonably necessary.
(1) TEQSA complies with the principle of reflecting risk if its exercise of the power has regard to:
(a) the entity’s history, including the history of:
(i) its scholarship, teaching and research; and
(ii) its students’ experiences; and
(iii) its financial status and capacity; and
(iv) its compliance with the Threshold Standards, this Act, this Act’s associated provisions and other laws regulating education; and
(b) matters relating to the risk of the entity not complying with the Threshold Standards, this Act or this Act’s associated provisions in the future, including:
(i) its internal quality assurance mechanisms; and
(ii) its financial status and capacity; and
(iii) the history of persons related to the entity.
(2) For the purposes of subparagraph (1)(b)(iii), a person is
related to a regulated entity if the person:
(a) is able to control, or to materially influence, the entity’s activities or internal affairs; or
(b) is able to determine, or to materially influence, the entity’s financial or operating policies; or
(c) is financially interested in the entity’s success or failure or apparent success or failure; or
(d) is a holding company of the entity; or
(e) is a subsidiary of the entity; or
(f) is a subsidiary of a holding company of the entity.
TEQSA complies with the principle of proportionate regulation if its exercise of the power is in proportion to:
(a) any non‑compliance; or
(b) risk of future non‑compliance;
by the entity with the Threshold Standards, this Act or this Act’s associated provisions.
This Part applies to an authorised officer in a corresponding way to the way it applies to TEQSA.
(1) A regulated entity who is, or intends to become, a higher education provider may apply to TEQSA for registration within a particular provider category.
(2) If an application is made, the entity may also apply to TEQSA for a course of study to be accredited.
Note: For an application for a course of study to be accredited, see section 46.
(3) An application for registration must be:
(a) in the approved form; and
(b) accompanied by any information, documents and assistance that TEQSA requests; and
(c) accompanied by the fee determined under section 158 for a preliminary assessment under this Part.
(1) TEQSA must, within 30 days after an application is made, advise the applicant:
(a) whether its application for registration in a particular provider category is appropriate, and if it is not, what provider category would be appropriate (if any); and
(b) whether an application is required for a course of study to be accredited.
(2) Before making a decision under paragraph (1)(a) about a provider category, TEQSA must:
(a) have regard to the Threshold Standards; and
(b) if the provider category applied for, or the provider category that TEQSA considers would be appropriate, is either the “Australian University” or “Overseas University” provider category:
(i) consult the Minister for each relevant State and Territory responsible for higher education; and
(ii) have regard to any advice or recommendations given by each of those Ministers.
(3) If the applicant withdraws its application, the preliminary assessment application fee is not refundable.
(1) The applicant may continue with its application by:
(a) providing any further information, documents and assistance that TEQSA requests; and
(b) paying the fee determined under section 158 for a substantive assessment under this Part.
(2) When conducting the substantive assessment, TEQSA must:
(a) proceed on the basis that the application is for registration in the provider category advised as appropriate under paragraph 19(1)(a); and
(b) if that provider category is either the “Australian University” or “Overseas University” provider category:
(i) consult the Minister for each relevant State and Territory responsible for higher education; and
(ii) have regard to any advice or recommendations given by each of those Ministers.
(3) If an applicant withdraws its application, the substantive assessment application fee is not refundable.
Grant of application for registration
(1) TEQSA may grant the application for registration if TEQSA is satisfied that:
(a) the applicant meets the Threshold Standards; and
(b) the applicant, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the applicant’s affairs, is a fit and proper person; and
(c) for an applicant to which Part 5A will apply—the applicant will comply with tuition protection requirements.
Decision on application
(2) TEQSA must make a decision on the application:
(a) within 9 months of receiving it; or
(b) if a longer period is determined by TEQSA under subsection (3)—within that period.
For the purposes of paragraph (a), TEQSA is taken to receive the application when it receives payment of the substantive assessment application fee.
Longer period for decision on application
(3) If TEQSA is satisfied that, for reasons beyond its control, a decision on the application cannot be made within the period mentioned in paragraph (2)(a), TEQSA may determine a longer period, not exceeding a further 9 months, within which it must make a decision on the application.
(4) If TEQSA determines a longer period, it must do so not later than 6 weeks before the end of the period mentioned in paragraph (2)(a).
(5) If TEQSA determines a longer period, TEQSA must, within 7 days of making the determination:
(a) notify the applicant, in writing, of the determination; and
(b) give, in writing, the reasons for the determination.
Period of registration
(6) If TEQSA grants the applicant’s application, TEQSA must also determine the period for which the applicant is registered. The period must not exceed 7 years.
Note 1: For renewals of registration, see section 36.
Note 2: TEQSA may also impose conditions on the registration (see subsection 32(1)).
Note 3: The period of registration may be extended (see section 37A).
Decision not made
(7) TEQSA is taken to have rejected the application if a decision is not made within the period applicable under subsection (2).
TEQSA must, within 30 days of its decision to grant or reject an application for registration as a registered higher education provider, notify the applicant, in writing, of:
(a) the decision; and
(b) if TEQSA grants the application—the following:
(i) the provider category in which the applicant is registered;
(ia) if the provider category is not the provider category that the applicant applied for under subsection 18(1)—the reasons for deciding on that category;
(ii) the period for which the applicant is registered;
(iii) whether the applicant may self‑accredit one or more courses of study; and
(c) if TEQSA rejects the application—the reasons for the decision.
Note: TEQSA must also notify of any conditions imposed under subsection 32(1) on the applicant’s registration (see section 34).
(1) An applicant’s registration:
(a) commences on the day specified in the notice given under section 22; and
(b) ends at the end of the period specified in the most recent notice given under section 22 or 37 in relation to the registration.
(2) Paragraph (1)(b) has effect subject to the following:
(a) subsection 36(3) (about renewing registration);
(b) section 37A (about extending registration);
(c) section 43 (about withdrawing registration);
(d) Division 1 of Part 7 (about cancelling registration and other administrative sanctions).
A registered higher education provider must:
(a) comply with the conditions imposed by sections 25 to 31 on the provider’s registration; and
(b) comply with any conditions imposed under subsection 32(1) on the provider’s registration.
Note: The provider’s registration will be automatically cancelled if a winding‑up order is made in respect of the provider (see section 102).
A registered higher education provider must offer at least one accredited course.
A registered higher education provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider’s affairs, must be a fit and proper person.
(1) This section applies to a registered higher education provider if the provider offers or confers a regulated higher education award for the completion of a course of study provided wholly or partly by another entity.
(2) The provider must ensure that the other entity provides the course of study consistently with the Threshold Standards.
(1) This section applies to a registered higher education provider if Part 5A applies to the provider.
(2) The provider must comply with the tuition protection requirements.
(3) The
tuition protection requirements are:
(a) the requirements set out in this section, Part 5A and the Up‑front Payments Guidelines; and
(b) the requirements set out in the Up‑front Payments Guidelines for the purposes of this paragraph.
(4) The provider must pay the following when it is due and payable by the provider:
(a) up‑front payments tuition protection levy;
(b) any penalty for late payment of up‑front payments tuition protection levy.
Note 1: Up‑front payments tuition protection levy is imposed by the
Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020 .Note 2: An amount equal to each amount of up‑front payments tuition protection levy received from a registered higher education provider is credited to the Higher Education Tuition Protection Fund: see paragraph 167‑5(aa) of the
Higher Education Support Act 2003 .Note 3: The Higher Education Tuition Protection Fund Advisory Board advises the Higher Education Tuition Protection Director in relation to certain components of the up‑front payments tuition protection levy: see paragraph 167‑35(1)(b) of the
Higher Education Support Act 2003. (5) The Up‑front Payments Guidelines may make provision for, or in relation to, all or any of the following matters:
(a) the issue of notices setting out the amount of up‑front payments tuition protection levy payable by a provider;
(b) when up‑front payments tuition protection levy is due and payable;
(c) the issue of notices extending the time for payment of up‑front payments tuition protection levy;
(d) penalties for late payment of up‑front payments tuition protection levy;
(e) to whom up‑front payments tuition protection levy and any penalties for late payment are payable;
(f) the refund, remission or waiver of up‑front payments tuition protection levy or penalties for late payment;
(g) the review of decisions made under the Up‑front Payments Guidelines in relation to the collection or recovery of up‑front payments tuition protection levy;
(h) any other matters relating to the collection or recovery of up‑front payments tuition protection levy.
(6) The Up‑front Payments Guidelines may, for the purposes of paragraph 167‑10(1)(b) of the
Higher Education Support Act 2003 , make provision for, or in relation to, payments made in connection with the tuition protection requirements, including in relation to the following:
(a) the circumstances in which payments may be made;
(b) amounts of different kinds of payments;
(c) methods for calculating different kinds of payments.
Note: For example, the Up‑front Payments Guidelines may provide that a provider of a replacement course may receive a transfer payment if a student accepts an offer of a replacement course with the provider.
Information and documents related to tuition protection
(7) The Up‑front Payments Guidelines may specify either or both of the following:
(a) information or documents that a registered higher education provider must keep records of for the purposes of the tuition protection requirements;
(b) information or documents that a registered higher education provider must give to the Secretary in accordance with subsection (8).
(8) The information and documents mentioned in paragraph (7)(b) must be given to the Secretary:
(a) within the period specified by the Secretary; and
(b) in the manner and form approved by the Secretary.
(9) Without limiting subsection (7), the information and documents may relate to one or more of the following:
(a) the provider’s domestic students (including information and documents relating to each student’s enrolment, progression in units of study and results);
(b) the provider’s tuition fees, including the amount of any up‑front payments received for each domestic student for a unit of study;
(c) identifying information about the provider’s domestic students, including the full names and contact details of the students;
(d) any other matter related to tuition protection under this Act.
The Minister may, by legislative instrument, make guidelines (the
Up‑front Payments Guidelines ) providing for matters:
(a) required or permitted by this Act or the
Higher Education Support Act 2003 to be provided by the Up‑front Payments Guidelines; or(b) necessary or convenient to be provided in order to carry out or give effect to Part 5A of this Act or Part 5‑1A or 5‑1B of the
Higher Education Support Act 2003 .
(1) A registered higher education provider must pay the following when they are due and payable by the provider:
(a) registered higher education provider charge;
(b) any penalty for late payment of registered higher education provider charge.
Note: Registered higher education provider charge is imposed by the
Tertiary Education Quality and Standards Agency (Charges) Act 2021 .(2) The Registered Higher Education Provider Charge Guidelines may make provision for, or in relation to, all or any of the following matters:
(a) the issue of notices setting out the amount of registered higher education provider charge payable by a provider;
(b) when registered higher education provider charge is due and payable;
(c) the issue of notices extending the time for payment of registered higher education provider charge;
(d) penalties for late payment of registered higher education provider charge;
(e) to whom registered higher education provider charge and any penalties for late payment are payable;
(f) the refund, remission or waiver of registered higher education provider charge or penalties for late payment;
(g) the review of decisions made under the Registered Higher Education Provider Charge Guidelines in relation to the collection or recovery of registered higher education provider charge;
(h) any other matters relating to the collection or recovery of registered higher education provider charge.
(3) If regulations under the
Tertiary Education Quality and Standards Agency (Charges) Act 2021 provide for the amount of registered higher education provider charge for a year for a registered higher education provider to be equal to the sum of one or more components, then a reference in this section to registered higher education provider charge includes a reference to the amount of such a component.
Providers must give TEQSA annual financial statements
(1) A registered higher education provider must give TEQSA a financial statement for each annual financial reporting period for which the provider is registered.
(2) The provider’s annual financial reporting period is the period of 12 months:
(a) to which the provider’s accounts relate; and
(b) that is notified, in writing, to TEQSA as the provider’s annual financial reporting period.
(3) A statement given under subsection (1) must be:
(a) in the approved form; and
(b) provided together with a report on the statement by an independent qualified auditor; and
(c) provided within 6 months after the end of the annual financial reporting period to which the statement relates.
TEQSA may approve additional persons as qualified auditors
(4) TEQSA may, in writing, approve a person as a qualified auditor for the purposes of this Act.
(1) This section applies to a registered higher education provider if:
(a) TEQSA believes on reasonable grounds that the provider has information relevant to TEQSA’s functions; and
(b) TEQSA, by written notice given to the provider, requests the provider to give TEQSA the information:
(i) within the period (not shorter than 14 days after the notice is given) specified in the notice; and
(ii) in the manner specified in the notice.
(2) The provider must comply with the request.
(1) A registered higher education provider must notify TEQSA if any of the following events happens or is likely to happen:
(a) an event that will significantly affect the provider’s ability to meet the Threshold Standards;
(b) an event that will require the Register to be updated in respect of the provider.
(2) The notification must be given no later than 14 days after the day the provider would reasonably be expected to have become aware of the event.
A registered higher education provider must keep adequate records for the purposes of this Act.
A registered higher education provider must cooperate with TEQSA to facilitate TEQSA’s performance of its functions.
TEQSA may impose conditions on registrations etc.
(1) TEQSA may impose other conditions on a registered higher education provider’s registration. Examples of the kinds of conditions that may be imposed (which need not be imposed at the time of registration) include the following:
(a) if section 26 applies to the provider:
(i) that the provider do certain things in relation to the other entity referred to in that section;
(ii) that the other entity referred to in that section do certain things;
(b) that the provider do any or all of the following for one or more accredited courses:
(i) maintain a particular staffing profile;
(ii) provide access to particular facilities;
(iii) provide particular support services;
(c) restricting or removing the provider’s authority to self‑accredit one or more courses of study;
(d) restricting or removing the provider’s ability to provide an accredited course;
(e) restricting the number of students that may enrol in a particular accredited course provided by the provider;
(f) restricting or removing the provider’s ability to offer or confer a regulated higher education award.
Note 1: TEQSA may need to consult before imposing a condition of a kind covered by paragraph (c) (see section 33).
Note 2: A condition covered by paragraph (d) could, for example, prohibit a registered higher education provider:
(a) doing anything for the purposes of recruiting or enrolling students or intending students for an accredited course; or
(b) soliciting or accepting any money from a student or an intending student for an accredited course.
(2) TEQSA may, on its own initiative, vary or revoke a condition imposed under subsection (1).
Applications to vary or revoke a condition
(3) TEQSA may also vary or revoke a condition imposed under subsection (1) if the registered higher education provider applies for the variation or revocation.
(4) The provider’s application must be:
(a) in the approved form; and
(b) accompanied by any information, documents and assistance that TEQSA requests; and
(c) accompanied by the fee determined under section 158 for an application under this section.
TEQSA to consult about such conditions
(1) Subsection (2) applies if:
(a) a registered higher education provider is registered in either the “Australian University” or “Overseas University” provider category; and
(b) TEQSA proposes to make a decision to:
(i) impose under subsection 32(1) a condition restricting or removing the provider’s authority to self‑accredit one or more courses of study; or
(ii) vary or revoke a condition of that kind.
(2) Before doing so, TEQSA must give the provider and the Minister for each relevant State and Territory responsible for higher education:
(a) a written notice stating that TEQSA intends to make the decision for specified reasons; and
(b) a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.
(3) TEQSA must have regard to any representations received under subsection (2).
Consequences for accreditation if authority removed
(4) If:
(a) a course of study is accredited by a registered higher education provider; and
(b) a condition imposed under subsection 32(1) removes the provider’s authority to self‑accredit the course of study;
the accreditation is cancelled when that removal takes effect.
Note: The provider may apply to TEQSA for TEQSA to accredit the course of study under Part 4.
(1) TEQSA must, within 30 days of making a decision under subsection 32(1), (2) or (3), notify the registered higher education provider, in writing, of:
(a) the decision; and
(b) the reasons for the decision; and
(c) if the decision is to impose a condition—the period for which the condition is imposed.
(2) Paragraph (1)(b) does not apply if:
(a) the decision is made under subsection 32(3) in response to an application made by a registered higher education provider; and
(b) the decision is in accordance with the application.
(1) A registered higher education provider may apply to TEQSA, in the approved form, to have its registration renewed:
(a) at least 180 days before its registration is to end; or
(b) within such shorter period as TEQSA allows.
(2) An application must be accompanied by the fee determined under section 158 for an application under this section.
Deciding whether to grant the application
(1) Upon receiving a registered higher education provider’s application for renewal of registration, TEQSA may renew the provider’s registration if TEQSA is satisfied that:
(a) the provider continues to meet the Threshold Standards; and
(b) the provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider’s affairs, is a fit and proper person.
(2) The things TEQSA may do to assist it to make a decision under subsection (1) include:
(a) requesting information, documents or assistance from the provider; and
(b) conducting a compliance assessment.
(3) The provider’s registration is taken to continue until TEQSA decides whether to renew the provider’s registration.
(4) If TEQSA renews the provider’s registration, TEQSA must determine the period for which the provider’s registration is renewed. The period must not exceed 7 years.
Note 1: Any conditions imposed on the registration, and in force immediately before its renewal, will apply to the renewed registration.
Note 2: The period of registration may be extended (see section 37A).
Proposal to reject the application
(5) If TEQSA proposes to make a decision to reject the provider’s application for renewal of registration, TEQSA must give each entity mentioned in subsection (6):
(a) a written notice stating that TEQSA intends to make the decision for specified reasons; and
(b) a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.
(6) The entities are:
(a) the provider; and
(b) if the provider’s registration is in either the “Australian University” or “Overseas University” provider category—the Minister for each relevant State and Territory responsible for higher education.
(7) TEQSA must consider any representations received under subsection (5).
TEQSA must, within 30 days of its decision to grant or reject an application for renewal of registration, notify the registered higher education provider, in writing, of:
(a) the decision; and
(b) if TEQSA grants the application—the period for which the registration is renewed; and
(c) if TEQSA rejects the application—the reasons for the decision.
(1) TEQSA may extend the period of a registered higher education provider’s registration.
(2) The extended period may exceed 7 years.
(3) This section has effect subject to the following:
(a) subsection 36(3) (about renewing registration);
(b) section 43 (about withdrawing registration);
(c) Division 1 of Part 7 (about cancelling registration and other administrative sanctions).
(1) TEQSA may change the provider category in which a registered higher education provider is registered:
(a) on its own initiative; or
(b) on application by the provider.
(1A) In relation to an application under paragraph (1)(b), if TEQSA considers that the provider category in which the provider is registered should not be changed, TEQSA may decide not to change that category.
(2) However, before making a decision under subsection (1) or (1A) TEQSA must have regard to the Threshold Standards.
(3) A registered higher education provider’s application must be:
(a) in the approved form; and
(b) accompanied by any information, documents and assistance that TEQSA requests; and
(c) accompanied by the fee determined under section 158 for an application under this section.
(1) This section applies if:
(a) TEQSA proposes to make a decision under subsection 38(1) to change the provider category in which a registered higher education provider is registered; and
(b) the provider’s current provider category, or the proposed provider category, is either the “Australian University” or “Overseas University” provider category.
(2) Before doing so, TEQSA must give the provider and the Minister for each relevant State and Territory responsible for higher education:
(a) a written notice stating that TEQSA intends to make the decision for specified reasons; and
(b) a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.
(3) TEQSA must have regard to any representations received under subsection (2).
TEQSA must, within 30 days of making a decision under subsection 38(1) or (1A), notify the registered higher education provider, in writing, of:
(a) the decision; and
(b) the reasons for the decision.
(1) TEQSA may, on application, authorise a registered higher education provider to self‑accredit one or more courses of study.
(2) However, before doing so TEQSA must have regard to the Threshold Standards.
(3) A registered higher education provider’s application must be:
(a) in the approved form; and
(b) accompanied by any information, documents and assistance that TEQSA requests; and
(c) accompanied by the fee determined under section 158 for an application under this section.
TEQSA must, within 30 days of making a decision under subsection 41(1), notify the registered higher education provider, in writing, of:
(a) the decision; and
(b) the reasons for the decision.
(1) A registered higher education provider may apply to TEQSA, in the approved form, to withdraw its registration.
(2) Upon receiving the provider’s application to withdraw its registration, TEQSA may grant the application if TEQSA is satisfied that it is appropriate to allow the registration to be withdrawn.
TEQSA must, within 30 days of its decision to grant or reject an application to withdraw a registration, notify the registered higher education provider, in writing, of:
(a) the decision; and
(b) if TEQSA grants the application—the day on which the withdrawal takes effect; and
(c) if TEQSA rejects the application—the reasons for the decision.
Australian universities can self‑accredit courses of study
(1) Each registered higher education provider that:
(a) is registered in the “Australian University” provider category; and
(b) is:
(i) established by or under, or recognised by, a law of the Commonwealth, a State or a Territory; or
(ii) registered as a company under Part 2A.2 of the
Corporations Act 2001 ;is authorised to self‑accredit each course of study that leads to a higher education award that it offers or confers.
(2) However, this authority is subject to section 32 (about imposing conditions on a provider’s registration).
Note: TEQSA may impose a condition restricting or removing the provider’s authority to self‑accredit. TEQSA will need to consult (see section 33) and comply with the principles in Part 2 before doing so.
(2A) Subsection (1) does not apply to a registered higher education provider in the “Australian University” provider category if that provider has a specialised focus in accordance with the Threshold Standards.
(3) Subsection (1) does not limit the registered higher education providers that may be authorised to self‑accredit one or more courses of study.
TEQSA can accredit courses of study
(4) Divisions 2 to 4 of this Part apply to a registered higher education provider in relation to a course of study if the provider is not authorised to self‑accredit the course of study.
(1) A regulated entity who is, or has applied to become, a registered higher education provider may apply to TEQSA for a course of study to be accredited.
(2) An application must be:
(a) in the approved form; and
(b) accompanied by any information, documents and assistance that TEQSA requests; and
(c) accompanied by the fee determined under section 158 for a preliminary assessment under this Part.
(1) TEQSA must, within 30 days after an application is made:
(a) advise the applicant whether its application is accompanied by sufficient information, documents and assistance; and
(b) if it is not, request that the applicant provide further information, documents or assistance.
(2) If the applicant withdraws its application, the preliminary assessment application fee is not refundable.
(1) The applicant may continue with its application by:
(a) providing any further information, documents and assistance that TEQSA requests; and
(b) paying the fee determined under section 158 for a substantive assessment under this Part.
(2) If an applicant withdraws its application, the substantive assessment application fee is not refundable.
Grant of application for accreditation
(1) Following an application for a course of study to be accredited, TEQSA may accredit the course of study in relation to the applicant if TEQSA is satisfied that:
(a) the applicant is a registered higher education provider; and
(b) the course of study meets the Threshold Standards.
Decision on application
(2) TEQSA must make a decision on the application:
(a) within 9 months of receiving it; or
(b) if a longer period is determined by TEQSA under subsection (3)—within that period.
For the purposes of paragraph (a), TEQSA is taken to receive the application when it receives payment of the substantive assessment application fee.
Longer period for decision on application
(3) If TEQSA is satisfied that, for reasons beyond its control, a decision on the application cannot be made within the period mentioned in paragraph (2)(a), TEQSA may determine a longer period, not exceeding a further 9 months, within which it must make a decision on the application.
(4) If TEQSA determines a longer period, it must do so not later than 6 weeks before the end of the period mentioned in paragraph (2)(a).
(5) If TEQSA determines a longer period, TEQSA must, within 7 days of making the determination:
(a) notify the applicant, in writing, of the determination; and
(b) give, in writing, the reasons for the determination.
Period of accreditation
(6) If TEQSA accredits a course of study in relation to a registered higher education provider, TEQSA must also determine the period for which the course of study is accredited. The period must not exceed 7 years, but need not be for the same period for which the provider is registered.
Note 1: The period will end automatically if the provider ceases to be registered as a registered higher education provider (see paragraph 51(2)(a)).
Note 2: Accreditation can be renewed (see section 56).
Note 3: TEQSA may also impose conditions on the accreditation (see subsection 53(1)).
Note 4: The period of accreditation may be extended (see section 57A).
Decision not made
(7) TEQSA is taken to have rejected the application if a decision is not made within the period applicable under subsection (2).
TEQSA must, within 30 days of its decision to grant or reject an application for a course of study to be accredited, notify the applicant, in writing, of:
(a) the decision; and
(b) if TEQSA grants the application—the period for which the course of study is accredited; and
(c) if TEQSA rejects the application—the reasons for the decision.
Note: TEQSA must also notify of any conditions imposed under subsection 53(1) on the accreditation (see section 54).
(1) Accreditation of a course of study:
(a) commences on the first day of the period specified in the notice given under section 50; and
(b) ends at the end of the period specified in the most recent notice given under section 50 or 57 in relation to the accreditation.
(2) Paragraph (1)(b) has effect subject to the following:
(a) the accreditation ends immediately if the provider ceases to be registered as a registered higher education provider;
(b) subsection 56(3) (about renewing accreditation);
(ba) section 57A (about extending accreditation);
(c) Division 1 of Part 7 (about cancelling accreditation and other administrative sanctions).
A registered higher education provider must comply with any conditions imposed under subsection 53(1) on the accreditation of a course of study.
(1) TEQSA may impose conditions on the accreditation of a course of study.
(2) TEQSA may, on its own initiative, vary or revoke a condition imposed under subsection (1).
(3) TEQSA may also vary or revoke a condition imposed under subsection (1) if the registered higher education provider applies for the variation or revocation.
(4) The provider’s application must be:
(a) in the approved form; and
(b) accompanied by any information, documents and assistance that TEQSA requests; and
(c) accompanied by the fee determined under section 158 for an application under this section.
TEQSA must, within 30 days of making a decision under subsection 53(1), (2) or (3), notify the registered higher education provider, in writing, of:
(a) the decision; and
(b) the reasons for the decision; and
(c) if the decision is to impose a condition—the period for which the condition is imposed.
(1) A registered higher education provider may apply to TEQSA, in the approved form, for the renewal of the accreditation of a course of study in relation to the provider:
(a) at least 180 days before the accreditation of the course of study is to end; or
(b) within such shorter period as TEQSA allows.
(2) An application must be accompanied by the fee determined under section 158 for an application under this section.
Deciding whether to grant the application
(1) Upon receiving an application for renewal of the accreditation of a course of study, TEQSA may renew the accreditation of the course of study in relation to the registered higher education provider if it is satisfied that the accredited course continues to meet the Threshold Standards.
(2) The things TEQSA may do to assist it to make a decision under subsection (1) include:
(a) requesting information, documents or assistance from the provider; and
(b) conducting an accreditation assessment.
(3) The accreditation of the course of study is taken to continue until TEQSA decides whether to renew the accreditation.
(4) If TEQSA renews the accreditation, TEQSA must determine the period for which the accreditation is renewed. The period must not exceed 7 years.
Note 1: The period will end automatically if the provider ceases to be registered as a registered higher education provider (see paragraph 51(2)(a)).
Note 2: Any conditions imposed on the accreditation, and in force immediately before its renewal, will apply to the renewed accreditation.
Proposal to reject the application
(5) If TEQSA proposes to make a decision to reject the provider’s application for renewal of the accreditation, TEQSA must give the provider:
(a) a written notice stating that TEQSA intends to make the decision for specified reasons; and
(b) a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.
(6) TEQSA must consider any representations received under subsection (5).
TEQSA must, within 30 days of its decision to grant or reject an application for renewal of accreditation, notify the registered higher education provider, in writing, of:
(a) the decision; and
(b) if TEQSA grants the application—the period for which the accreditation is renewed; and
(c) if TEQSA rejects the application—the reasons for the decision.
(1) TEQSA may extend the period of the accreditation of a course of study.
(2) The extended period may exceed 7 years.
(3) This section has effect subject to the following:
(a) the accreditation ends immediately if the provider ceases to be registered as a registered higher education provider;
(b) subsection 56(3) (about renewing accreditation);
(c) Division 1 of Part 7 (about cancelling accreditation and other administrative sanctions).
Making the standards
(1) The Minister may, by legislative instrument, make the following standards that make up the Higher Education Standards Framework:
(a) the Threshold Standards;
(b) other standards against which the quality of higher education can be assessed.
Note: For varying or revoking a standard, see subsection 33(3) of the
Acts Interpretation Act 1901 .
Requirements before making any of the standards
(3) The Minister must not make a standard under this section unless:
(a) a draft of the standard has been developed by the Panel; and
(b) the Minister has consulted each of the following about the draft:
(i) the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education;
(ii) if the Minister is not also the Research Minister—the Research Minister;
(iii) TEQSA.
(4) Before the Minister makes a standard under this section, the Minister must have regard to:
(a) the draft of the standard developed by the Panel; and
(b) any advice or recommendations given to the Minister by any of the following:
(i) the Panel, that Ministerial Council or TEQSA;
(ii) if the Minister is not also the Research Minister—the Research Minister.
Content of the standards
(5) Despite subsection 14(2) of the
Legislation Act 2003 , a standard may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
TEQSA may review or examine any aspect of an entity’s operations to assess whether a registered higher education provider continues to meet the Threshold Standards.
Note: This enables TEQSA to review the operations of an entity that provides part of a course of study that leads to a regulated higher education award offered or conferred by the registered higher education provider.
(1) If TEQSA is considering the Threshold Standards, to the extent they relate to research, in relation to:
(a) a regulated entity that has applied under section 18 to TEQSA for registration within the “Australian University” provider category; or
(b) a registered higher education provider that has applied under section 38 to change to the “Australian University” provider category; or
(c) a registered higher education provider that is in the “Australian University” provider category;
TEQSA must have regard to the quality of the research undertaken by the entity or provider.
(2) In doing so, if an instrument is in force under subsection (7), TEQSA must have regard to the matters determined in the instrument.
(3) Subsection (2) does not limit the matters to which TEQSA may have regard.
Matters relating to the quality of research
(4) TEQSA may, in writing, determine matters relating to the quality of research for the purposes of this section.
(5) A determination under subsection (4) has no effect unless the Minister has approved it in writing.
(6) TEQSA must give the Minister such information as the Minister reasonably requires for the purposes of approving the determination.
(7) A determination under subsection (4) made by TEQSA and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
(1) TEQSA may review or examine any aspect of an entity’s operations to:
(a) assess the level of quality of higher education provided by one or more registered higher education providers; or
(b) assess whether there are any systemic issues relating to a particular course of study leading to a particular regulated higher education award; or
(c) assess the level of quality of, or whether there are any systemic issues relating to, the courses of study that lead to one or more kinds of regulated higher education awards.
(2) At least 60 days before starting a review or examination that TEQSA is satisfied could impact on a majority of registered higher education providers, TEQSA must give written notice of the proposed review or examination to the Minister and the Panel.
TEQSA may review or examine an accredited course to assess whether the course continues to meet the Threshold Standards.
Consent
(1) Sections 59, 60 and 61 have effect subject to subsection (2).
(2) TEQSA must obtain an entity’s consent before:
(a) entering the entity’s premises; or
(b) doing anything on those premises;
for the purposes of a review or examination under this Division.
(3) However, subsection (2) has effect subject to section 24 (about a registered provider having to comply with conditions).
Note 1: When deciding whether to give the consent mentioned in subsection (2), a registered higher education provider needs to have regard to the condition that it cooperate with TEQSA (see section 31).
Note 2: A condition could be imposed under subsection 32(1) for the provider to arrange for another entity’s consent to be given.
Operations that can be reviewed or examined
(4) The operations covered by sections 59 and 60 are not limited to the entity’s higher education operations.
Certain registered higher education providers who default in delivering a unit of study to a domestic student for whom an up‑front payment for the unit of study has been made must give information about the default to the Higher Education Tuition Protection Director and to the student. If the student was entitled to FEE‑HELP assistance or HECS‑HELP assistance for the unit, the provider may also have obligations under Part 5‑1A of the
Higher Education Support Act 2003 in relation to the default.The provider must assist the student to find a replacement unit or replacement course, or provide a refund to the student (and offer the student a choice about this). If the provider fails to discharge this obligation, the Director must offer the student a suitable replacement course. If there is no suitable replacement course, or the student does not accept the offer, the Director must provide a refund to the student.
(1) This Part applies to registered higher education providers other than:
(a) Table A providers; or
(b) providers that are owned by the Commonwealth, a State or a Territory; or
(c) providers that are established under one of the following:
(i) the
Technical and Further Education Commission Act 1990 (NSW);(ii) the
Education and Training Reform Act 2006 (Vic.);(iii) the
TAFE Queensland Act 2013 (Qld);(iv) the
Vocational Education and Training Act 1996 (WA);(v) the
TAFE SA Act 2012 (SA);(vi) the
Training and Workforce Development Act 2013 (Tas.);(vii) the
Canberra Institute of Technology Act 1987 (ACT); or(d) providers of a kind prescribed by the Up‑front Payments Guidelines.
(2) Despite subsection (1), the Minister may, by written notice, determine that this Part:
(a) applies to a specified registered higher education provider; or
(b) does not apply to a specified registered higher education provider;
if the Minister considers it appropriate that this Part applies, or does not apply, to the provider.
(3) In deciding whether it is appropriate that this Part applies, or does not apply, to a specified registered higher education provider, the Minister must have regard to the following:
(a) the risk of the provider defaulting in relation to one or more domestic students;
(b) the provider’s financial status and capacity;
(c) any non‑compliance, or risk of future non‑compliance, with the Threshold Standards, this Act, legislative instruments made under this Act or this Act’s associated provisions;
(d) any advice given to the Minister by TEQSA or the Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c);
(e) any other matter the Minister considers appropriate.
(4) A determination under subsection (2):
(a) may be made either unconditionally or subject to conditions; and
(b) may be expressed to be in force indefinitely or for a specified period.
(5) A determination made under subsection (2) is not a legislative instrument.
(6) Despite subsection (1), sections 62N, 62P and 62Q apply to all registered higher education providers.
Note: Section 62N deals with the obligations of providers to provide information about replacement courses, section 62P deals with obligations of providers who provide replacement courses and section 62Q deals with the requirement of providers who provide replacement courses to keep up‑to‑date enrolment information.
(1) A registered higher education provider
defaults in relation to a domestic student if:
(a) the provider fails to start to provide a unit of study to the student on the day the unit was scheduled to start; and
(b) the student has not withdrawn before that day; and
(c) an up‑front payment:
(i) was made for the student for the unit of study on or before that day; or
(ii) was not made for the student for the unit on or before that day and the student was not entitled, and would not have been entitled, to FEE‑HELP assistance or HECS‑HELP assistance for the unit.
(2) A registered higher education provider
defaults in relation to a domestic student if:
(a) the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and
(b) the student has not withdrawn before that day; and
(c) an up‑front payment:
(i) was made for the student for the unit of study on or before that day; or
(ii) was not made for the student for the unit on or before that day and the student was not entitled, and would not have been entitled, to FEE‑HELP assistance or HECS‑HELP assistance for the unit.
(3) A registered higher education provider
defaults in relation to a domestic student if circumstances prescribed by the Up‑front Payments Guidelines apply in relation to the provider and the student.Note: If the student was entitled, or would have been entitled, to FEE‑HELP assistance or HECS‑HELP assistance in relation to the unit of study (or any other affected units of the original course) the provider may also have defaulted in relation to the student under the
Higher Education Support Act 2003 : see section 166‑10 of that Act.
Application of section
(1) This section applies if a registered higher education provider defaults in relation to a domestic student.
Notifying the Higher Education Tuition Protection Director of default
(2) The provider must, within 24 hours of the default occurring, give written notice to the Higher Education Tuition Protection Director of the circumstances of the default.
Notifying the Higher Education Tuition Protection Director of details of default
(3) The provider must, within 3 business days of the default occurring, give a written notice to the Higher Education Tuition Protection Director specifying:
(a) the following information:
(i) the student’s full name and contact details;
(ii) the units of study and the Australian course of study that the student was enrolled in at the time of the default;
(iii) the amount of the tuition fees for each unit of study that the student was enrolled in at the time of the default;
(iv) details about the payment of those tuition fees; and
(b) advice as to:
(i) whether the provider intends to discharge its obligations to the student under section 62F; and
(ii) (if appropriate) how the provider intends to discharge those obligations; and
(c) any other matter prescribed by the Up‑front Payments Guidelines.
(4) If requested in writing by the Higher Education Tuition Protection Director, the provider must give to the Director a copy of a student’s record of results for any units of study that the student has completed.
Notice requirements
(5) A notice given under subsection (2) or (3) must comply with any requirements prescribed by the Up‑front Payments Guidelines.
Civil penalty
(6) A registered higher education provider is liable to a civil penalty if the provider contravenes this section.
Civil penalty: 60 penalty units.
Offence
(7) A registered higher education provider commits an offence of strict liability if the provider contravenes this section.
Penalty: 60 penalty units.
Application of section
(1) This section applies if a registered higher education provider defaults in relation to a domestic student.
Notifying students of default
(2) The provider must, within 24 hours of the default occurring, give written notice of the default to the domestic student in relation to whom the provider has defaulted.
TEQSA may, by written notice given to a person who is, or was, an executive officer of the entity, require the person to provide to TEQSA a copy of such of the higher education student records relating to the entity as are specified in the notice within the period specified in the notice.
(2) The period specified in the notice must be at least 14 days after the notice is given.
Offence
(3) A person commits an offence if:
(a) the person is given a notice under subsection (1); and
(b) the person possesses or controls the higher education student records specified in the notice; and
(c) the person fails to comply with the notice.
Penalty: 150 penalty units.
Civil penalty
(4) A person contravenes this subsection if:
(a) the person is given a notice under subsection (1); and
(b) the person possesses or controls the higher education student records specified in the notice; and
(c) the person fails to comply with the notice.
Civil penalty: 300 penalty units.
If:
(a) either:
(i) an entity that is a registered higher education provider has effectively ceased to operate; or
(ii) an entity’s registration as a registered higher education provider is cancelled; and
(b) TEQSA considers that a person (the
holder ) may hold higher education student records relating to the entity; and(c) the holder is not a person who is, or was, an executive officer of the entity;
TEQSA may, by notice in writing, request the holder to provide to TEQSA a copy of such of those records as are specified in the notice.
If:
(a) a person (the
student ) is enrolled in an accredited course provided by an entity (thefirst entity ) that is a registered higher education provider; and(b) the student transfers to another registered higher education provider (the
second entity );then:
(c) the student may request the first entity to provide to the second entity a copy of the higher education student records relating to the student; or
(d) the second entity may request, in writing, the first entity to provide to the second entity a copy of the higher education student records relating to the student.
TEQSA may provide a copy of a higher education student record it holds to a registered higher education provider if:
(a) the person to whom the record relates has enrolled, or is seeking to enrol, in an accredited course provided by the provider and the person requests TEQSA, in writing, to provide the copy; or
(b) with the consent of the person to whom the record relates, the provider requests TEQSA, in writing, to provide the copy because that person has enrolled, or is seeking to enrol, in an accredited course provided by the provider.
(1) If the operation of section 197AA would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(1) A person commits an offence if:
(a) the person obtains academic cheating services information in the person’s capacity as an entrusted person; and
(b) the person:
(i) discloses the information to another person; or
(ii) uses the information.
Penalty: Imprisonment for 2 years.
Exception
(2) Subsection (1) does not apply if:
(a) the disclosure or use is made for the purposes of this Act or the
Education Services for Overseas Students Act 2000 , or otherwise is in connection with the performance of the person’s duties as an entrusted person; or(b) the disclosure or use is authorised by section 197B.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).
Disclosing etc. information relating to providers of academic cheating services
(1) TEQSA may disclose or use academic cheating services information if the disclosure or use is of information that a person provides, or is reasonably suspected by TEQSA of providing, an academic cheating service.
Disclosing information relating to users of academic cheating services
(2) TEQSA may disclose academic cheating services information to a higher education provider if:
(a) the disclosure is of information that a person has used, or is reasonably suspected by TEQSA of using, an academic cheating service; and
(b) TEQSA knows, or reasonably suspects, that the person is or has been enrolled in a course of study with the higher education provider.
(3) TEQSA may disclose academic cheating services information to a regulatory authority of another country if:
(a) cooperative arrangements exist with that authority or country that relate to the regulation of higher education; and
(b) the disclosure is consistent with those arrangements.
A person may disclose academic cheating services information to TEQSA to assist TEQSA in performing its functions under paragraph 134(1)(c), (da) or (j).
Section 197B does not apply to national security information.
(1) TEQSA must establish and maintain a register of:
(a) registered higher education providers; and
(b) each entity that was a registered higher education provider and whose registration has been cancelled other than because of a reason set out in the Register Guidelines.
(2) The register is to be known as the National Register of Higher Education Providers.
(3) The Register Guidelines may set out details that TEQSA must enter on the Register in respect of each registered higher education provider.
(4) Subsection (3) does not prevent TEQSA from entering other details on the Register in respect of a registered higher education provider.
(5) The Register is to be made available for inspection on the internet.
(1) TEQSA may, by writing, delegate any or all of TEQSA’s functions and powers to:
(a) a Commissioner; or
(ab) the Chief Executive Officer; or
(b) a member of the staff of TEQSA who holds the classification of APS Executive Level 1 or higher, or an equivalent classification.
Note 1: This subsection extends, for example, to TEQSA’s functions and powers under the
Education Services for Overseas Students Act 2000 .Note 2: TEQSA may also subdelegate powers delegated to TEQSA under section 170 of the
Education Services for Overseas Students Act 2000 .(2) Subsection (1) does not apply to a power to make, vary or revoke a legislative instrument.
In exercising functions or powers under a delegation under section 199, the delegate must comply with any written directions of TEQSA.
(1) The Secretary may, in writing, delegate all or any of the Secretary’s functions or powers under this Act (other than paragraph 134(1)(i)) to an APS employee who holds or performs the duties of an APS Level 6 position, or an equivalent or higher position, in the Department.
(2) The Secretary may, in writing, delegate the Secretary’s functions or powers under the Regulatory Powers Act as it applies in relation to Part 5A of this Act, to an SES employee, or an acting SES employee, in the Department.
(3) Before delegating a function or power under subsection (1) or (2), the Secretary must have regard to:
(a) if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or
(b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.
(4) In performing functions or exercising powers under a delegation under subsection (1) or (2), the delegate must comply with any directions of the Secretary.
(1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under Part 5A to the Secretary.
Note: Sections 34AA to 34A of the
Acts Interpretation Act 1901 contain provisions relating to delegations.(2) In performing functions or exercising powers under a delegation under subsection (1), the Secretary must comply with any directions of the Minister.
(1) No action, suit or proceeding (whether criminal or civil) lies against a protected person in relation to anything done, or omitted to be done, in good faith by the person:
(a) in accordance, or purportedly in accordance, with this Act; or
(b) in the performance, or purported performance, of TEQSA’s functions; or
(c) in the exercise, or purported exercise, of TEQSA’s powers.
Note: This section extends to, for example, a thing done in good faith in accordance with a delegation under section 199.
(2) The
protected persons are as follows:
(a) the Minister;
(b) a Commissioner;
(c) a member of the staff of TEQSA;
(d) a Commonwealth authority;
(e) a person who holds any office or appointment under a law of the Commonwealth;
(f) a person performing a service for TEQSA.
The Minister must, before 1 January 2016, cause a review to be started of the impact on the higher education sector of this Act.
(1) Before 1 July 2021, the Minister must commence a review of the operation of Part 5A (about tuition protection).
Note: The review must be conducted at the same time as a review of the operation of Parts 5 and 5A of the
Education Services for Overseas Students Act 2000 , Parts 5‑1A and 5‑1B of theHigher Education Support Act 2003 and Parts 5A and 5B of theVET Student Loans Act 2016 .(2) The Minister must cause to be prepared a report of a review under subsection (1).
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.
TEQSA may, by legislative instrument, make Guidelines, specified in the second column of the table, providing for matters:
(a) required or permitted by the corresponding provision mentioned in the third column of the table to be provided; or
(b) necessary or convenient to be provided for carrying out or giving effect to that provision.
1A | Registered Higher Education Provider Charge Guidelines | section 26C |
1 | Information Guidelines | section 189 |
2 | Register Guidelines | section 198 |
(1) A person must not use a domain name:
(a) with either:
(i) the word “university” in the domain name; or
(ii) a word or expression, that has the same or a similar meaning to the word “university” and that is determined in an instrument under subsection (3), in the domain name; and
(b) where the domain name includes an Australian top‑level domain;
unless there is an approval in force under subsection (4) in relation to the person’s use of that domain name.
Scope of prohibition
(2) Subsection (1) applies in relation to a person’s use of a domain name on or after the commencement of this section if:
(a) the licence for the use of that domain name was issued on or after that commencement; and
(b) no licence for the use of that domain name had been issued before that commencement to the licensee of the licence referred to in paragraph (a).
List of words or expressions
(3) The Minister may, by legislative instrument, determine words or expressions for the purposes of subparagraph (1)(a)(ii).
Approval of use of domain names
(4) The Minister may, in writing, approve a person’s use of a specified domain name. The Minister may give an approval on the Minister’s own initiative or on application.
(5) The Minister must give a copy of the approval to:
(a) the person; and
(b) the licensor that issues licences for the use of a domain name to which paragraphs (1)(a) and (b) apply.
(6) An approval under subsection (4) comes into force at the time it is given.
(7) If a person makes an application for an approval and the Minister refuses to give the approval, the Minister must give written notice of the refusal and of the reasons for the refusal to:
(a) the person; and
(b) the licensor that issues licences for the use of a domain name to which paragraphs (1)(a) and (b) apply.
(8) In deciding whether or not to give an approval under subsection (4), the Minister must have regard to:
(a) whether the person is a registered higher education provider; and
(b) the matters determined in an instrument under subsection (10).
(9) Subsection (8) does not limit the matters to which the Minister may have regard.
(10) The Minister must, by legislative instrument, determine matters for the purposes of paragraph (8)(b).
Licence details to be given to the Minister
(11) The Minister may, in writing, request the licensor that issues licences for the use of a domain name to which paragraphs (1)(a) and (b) apply to give the Minister the following details in relation to the period specified in the request:
(a) the name of each person to whom such a licence has been issued;
(b) the domain name covered by the licence;
(c) contact details for the person to the extent known by the licensor.
(12) The licensor must comply with a request under subsection (11).
Delegation
(13) The Minister may, in writing, delegate the Minister’s functions and powers under this section (except subsections (3) and (10)) to an SES employee, or acting SES employee, in the Department.
Approval not a legislative instrument
(14) An approval under subsection (4) is not a legislative instrument.
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Tertiary Education Quality and Standards Agency Act 2011 | 73, 2011 | 29 June 2011 | s 3–8, 10–12, 58, 132–197 and 199–205: 29 July 2011 s 9, 13–57, 59–131 and 198: 29 Jan 2012 Remainder: 29 June 2011 | |
Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011 | 74, 2011 | 29 June 2011 | Sch 2 (item 43): 29 July 2011 (s 2(1) item 11) | — |
Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012 | 9, 2012 | 20 Mar 2012 | Sch 1 (items 39, 44, 62): 1 July 2012 | Sch 1 (items 44, 62) |
Statute Law Revision Act 2012 | 136, 2012 | 22 Sept 2012 | Sch 4 (items 45–50): 22 Sept 2012 | Sch 4 (item 50) |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (items 515–550): 12 Apr 2013 ( Sch 2 (item 1): 12 Apr 2013 (s 2(1) items 2, 3) | Sch 1 (item 550) |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 8 (item 43): 24 June 2014 | — |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 6 (item 74), Sch 12 (items 213–229) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Tertiary Education Quality and Standards Agency Amendment Act 2014 | 130, 2014 | 12 Dec 2014 | Sch 1: 13 Dec 2014 (s 2(1) items 2–5) Remainder: 12 Dec 2014 (s 2(1) item 1) | Sch 1 (items 11, 12, 36, 44, 45, 51–53, 56, 58) |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 636–642): 5 Mar 2016 (s 2(1) item 2) | — |
Higher Education Legislation Amendment (Miscellaneous Measures) Act 2015 | 160, 2015 | 30 Nov 2015 | Sch 5: 1 Dec 2015 (s 2(1) item 3) | Sch 5 (item 6) |
Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015 | 171, 2015 | 11 Dec 2015 | Sch 1 (item 285), Sch 3 (item 3) and Sch 6 (items 2–6, 8–13): 1 July 2016 (s 2(1) items 2, 6, 8) Sch 6 (items 1, 7): 12 Dec 2015 (s 2(1) items 5, 7) | Sch 6 |
Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017 | 83, 2017 | 16 Aug 2017 | Sch 2: 17 Aug 2017 (s 2(1) item 1) |
Sch 2 (item 13) | ||||
Public Governance and Resources Legislation Amendment Act (No. 1) 2017 | 92, 2017 | 23 Aug 2017 | Sch 2 (item 88) and Sch 4: 23 Aug 2017 (s 2(1) item 1) | Sch 4 |
Tertiary Education Quality and Standards Agency Amendment Act 2019 | 98, 2019 | 30 Oct 2019 | 31 Oct 2019 (s 2(1) item 1) | Sch 1 (item 31) |
Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020 | 78, 2020 | 3 Sept 2020 | 4 Sept 2020 (s 2(1) item 1) | — |
Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020 | 101, 2020 | 20 Nov 2020 | Sch 1: 1 Jan 2021 (s 2(1) item 1) | Sch 1 (items 24, 25) |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (items 763–772): 1 Sept 2021 (s 2(1) item 5) | — |
Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Act 2021 | 14, 2021 | 1 Mar 2021 | Sch 1 (items 1–19): 1 July 2021 (s 2(1) item 2) Sch 1 (items 20–28, 30): 2 Mar 2021 (s 2(1) items 3, 3B) Sch 1 (item 29): 8 Mar 2021 (s 2(1) item 3A) | Sch 1 (items 19, 30) |
Regulatory Powers (Standardisation Reform) Act 2021 | 32, 2021 | 26 Mar 2021 | Sch 5 (items 1–23, 25, 29–36, 38–48): 26 Sept 2021 (s 2(1) items 9, 10, 12, 15, 17, 18) Sch 5 (items 24, 26–28, 37): never commenced (s 2(1) items 11, 13, 14, 16) | Sch 5 (items 17–22) |
Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Act 2021 | 80, 2021 | 13 Aug 2021 | 1 Jan 2022 (s 2(1) item 1) | — |
Education Legislation Amendment (2022 Measures No. 1) Act 2022 | 64, 2022 | 29 Nov 2022 | Sch 1 (items 22, 23): 30 Nov 2022 (s 2(1) item 2) | — |
Members of Parliament (Staff) Amendment Act 2023 | 71, 2023 | 19 Sept 2023 | Sch 4 (item 24): 17 Oct 2023 (s 2(1) item 5) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 5 (items 48–54): 14 Oct 2024 (s 2(1) item 2) | — |
Universities Accord (National Student Ombudsman) Act 2024 | 139, 2024 | 10 Dec 2024 | Sch 1 (items 14, 15): 1 Feb 2025 (s 2(1) item 2) | Sch 1 (item 15) |
s 3............................................. | am No 78, 2020 |
s 4............................................. | am No 78, 2020; No 14, 2021 |
s 5............................................. | am No 74, 2011; No 13, 2013; No 31, 2014; No 62, 2014; No 130, 2014; No 160, 2015; No 83, 2017; No 98, 2019; No 78, 2020; No 101, 2020; No 13, 2021; No 14, 2021; No 32, 2021; No 80, 2021 |
s 7A........................................... | ad No 83, 2017 |
Division 4 heading...................... | rs No 78, 2020 |
s 8............................................. | rep No 78, 2020 |
s 19........................................... | am No 14, 2021 |
s 20........................................... | am No 14, 2021 |
s 21............................................ | am No 130, 2014; No 83, 2017; No 101, 2020 |
s 22............................................ | am No 130, 2014 |
s 23............................................ | am No 130, 2014 |
s 25A......................................... | ad No 83, 2017 |
s 26A......................................... | ad No 101, 2020 |
am No 64, 2022 | |
ed C23 | |
s 26B......................................... | ad No 101, 2020 |
s 26C......................................... | ad No 80, 2021 |
s 33............................................ | am No 14, 2021 |
s 34............................................ | am No 130, 2014 |
s 36............................................ | am No 130, 2014; No 83, 2017; No 14, 2021 |
Division 3A................................ | ad No 130, 2014 |
s 37A......................................... | ad No 130, 2014 |
am No 14, 2021 | |
s 38............................................ | am No 14, 2021 |
s 39............................................ | am No 14, 2021 |
s 40............................................ | am No 14, 2021 |
s 45........................................... | am No 14, 2021 |
s 49............................................ | am No 130, 2014; No 14, 2021 |
s 51............................................ | am No 130, 2014 |
s 56............................................ | am No 14, 2021 |
Division 5.................................. | ad No 130, 2014 |
s 57A......................................... | ad No 130, 2014 |
am No 14, 2021 | |
s 58............................................ | am No 126, 2015; No 98, 2019; No 14, 2021 |
s 59A......................................... | ad No 14, 2021 |
s 60............................................ | am No 98, 2019 |
s 61............................................ | am No 14, 2021 |
Part 5A...................................... | ad No 101, 2020 |
s 62A......................................... | ad No 101, 2020 |
s 62B......................................... | ad No 101, 2020 |
s 62C......................................... | ad No 101, 2020 |
s 62D......................................... | ad No 101, 2020 |
s 62E......................................... | ad No 101, 2020 |
s 62F.......................................... | ad No 101, 2020 |
s 62G......................................... | ad No 101, 2020 |
s 62H......................................... | ad No 101, 2020 |
s 62J.......................................... | ad No 101, 2020 |
s 62K......................................... | ad No 101, 2020 |
s 62L......................................... | ad No 101, 2020 |
s 62M........................................ | ad No 101, 2020 |
s 62N......................................... | ad No 101, 2020 |
s 62P.......................................... | ad No 101, 2020 |
s 62Q......................................... | ad No 101, 2020 |
s 62R......................................... | ad No 101, 2020 |
s 62S.......................................... | ad No 101, 2020 |
s 62T......................................... | ad No 101, 2020 |
s 62U......................................... | ad No 101, 2020 |
Part 6 heading............................. | rs No 32, 2021 |
s 63............................................ | am No 78, 2020 |
Division 2.................................. | rep No 32, 2021 |
s 70............................................ | rep No 32, 2021 |
s 71............................................ | am No 13, 2013 |
rep No 32, 2021 | |
s 72............................................ | rep No 32, 2021 |
s 73............................................ | rep No 32, 2021 |
s 74............................................ | rep No 32, 2021 |
s 75............................................ | rep No 32, 2021 |
s 76............................................ | rep No 32, 2021 |
Division 3.................................. | rep No 32, 2021 |
s 77............................................ | rep No 32, 2021 |
s 78............................................ | rep No 32, 2021 |
s 79............................................ | am No 13, 2013 |
rep No 32, 2021 | |
s 80............................................ | am No 13, 2013 |
rep No 32, 2021 | |
s 81............................................ | am No 13, 2013 |
rep No 32, 2021 | |
s 82............................................ | rep No 32, 2021 |
Division 4.................................. | rep No 32, 2021 |
s 83............................................ | rep No 32, 2021 |
s 84............................................ | rep No 32, 2021 |
Division 5.................................. | rep No 32, 2021 |
s 85............................................ | rep No 32, 2021 |
s 86............................................ | rep No 32, 2021 |
s 87............................................ | rep No 32, 2021 |
s 88............................................ | am No 13, 2013 |
rep No 32, 2021 | |
s 89............................................ | rep No 32, 2021 |
Division 6.................................. | rep No 32, 2021 |
s 90............................................ | am No 13, 2013 |
rep No 32, 2021 | |
s 91............................................ | am No 13, 2013 |
rep No 32, 2021 | |
s 92............................................ | am No 13, 2013 |
rep No 32, 2021 | |
s 93............................................ | am No 13, 2013 |
rep No 32, 2021 | |
Division 7 heading...................... | rs No 32, 2021 |
s 95............................................ | rep No 32, 2021 |
Division 8 heading...................... | rs No 13, 2013 |
rep No 32, 2021 | |
Division 8.................................. | rep No 32, 2021 |
s 96............................................ | am No 13, 2013; No 13, 2021 |
rep No 32, 2021 | |
Division 1A................................ | ad No 32, 2021 |
s 97............................................ | am No 13, 2013; No 13, 2021 |
rs No 32, 2021 | |
s 98............................................ | am No 14, 2021 |
s 101A....................................... | ad No 130, 2014 |
Subdivision A heading................. | rep No 32, 2021 |
Subdivision A............................. | am No 101, 2020 |
s 104.......................................... | rep No 101, 2020 |
s 108.......................................... | am No 98, 2019; No 14, 2021 |
s 114A....................................... | ad No 78, 2020 |
s 114B....................................... | ad No 78, 2020 |
s 114C....................................... | ad No 78, 2020 |
Subdivision B............................. | rep No 32, 2021 |
Division 3.................................. | rs No 32, 2021 |
s 115.......................................... | am No 13, 2013; No 78, 2020; No 101, 2020; No 13, 2021 |
rs No 32, 2021 | |
am No 32, 2021 | |
Division 4.................................. | rs No 32, 2021 |
s 116.......................................... | rs No 32, 2021 |
am No 32, 2021 | |
Division 5.................................. | ad No 101, 2020 |
rs No 32, 2021 | |
s 117.......................................... | rs No 32, 2021 |
am No 32, 2021 | |
Division 6.................................. | ad No 32, 2021 |
s 118.......................................... | am No 13, 2013; No 13, 2021 |
rs No 32, 2021 | |
am No 32, 2021 | |
Division 7.................................. | ad No 32, 2021 |
s 119.......................................... | am No 13, 2013; No 13, 2021 |
rs No 32, 2021 | |
am No 32, 2021 | |
s 120.......................................... | rep No 32, 2021 |
Subdivision C............................. | rep No 32, 2021 |
s 121.......................................... | am No 13, 2013; No 13, 2021 |
rep No 32, 2021 | |
s 122.......................................... | rep No 32, 2021 |
s 123.......................................... | rep No 32, 2021 |
s 124.......................................... | rep No 32, 2021 |
s 125.......................................... | am No 78, 2020; No 101, 2020 |
rep No 32, 2021 | |
s 126.......................................... | am No 13, 2013; No 78, 2020; No 13, 2021 |
rep No 32, 2021 | |
Division 4 heading...................... | rep No 32, 2021 |
Division 8 heading...................... | ad No 32, 2021 |
s 127.......................................... | am No 13, 2013; No 78, 2020; No 101, 2020; No 13, 2021 |
rs No 32, 2021 | |
am No 32, 2021 | |
s 127A....................................... | ad No 78, 2020 |
am No 32, 2021 | |
s 128.......................................... | am No 13, 2013; No 78, 2020; No 13, 2021 |
rep No 32, 2021 | |
s 129.......................................... | am No 13, 2013; No 13, 2021 |
rep No 32, 2021 | |
s 130.......................................... | am No 13, 2013; No 78, 2020; No 13, 2021 |
rep No 32, 2021 | |
s 131.......................................... | am No 13, 2013; No 13, 2021 |
rep No 32, 2021 | |
Division 5.................................. | ad No 101, 2020 |
rep No 32, 2021 | |
s 131A....................................... | ad No 101, 2020 |
rep No 32, 2021 | |
s 131B....................................... | ad No 101, 2020 |
rep No 32, 2021 | |
s 131C....................................... | ad No 101, 2020 |
rep No 32, 2021 | |
s 131D....................................... | ad No 101, 2020 |
rep No 32, 2021 | |
s 131E........................................ | ad No 101, 2020 |
rep No 32, 2021 | |
s 131F........................................ | ad No 101, 2020 |
rep No 32, 2021 | |
s 132.......................................... | am No 62, 2014 |
s 133.......................................... | am No 130, 2014 |
s 134.......................................... | am No 78, 2020 |
s 135.......................................... | am No 171, 2015 |
s 136.......................................... | am No 130, 2014; No 126, 2015 |
s 138.......................................... | am No 130, 2014; No 98, 2019 |
s 141.......................................... | am No 130, 2014 |
s 145.......................................... | am No 130, 2014 |
s 146.......................................... | am No 130, 2014 |
s. 147......................................... | am. No. 136, 2012; No 98, 2019 |
Subdivision A heading................. | rs No 62, 2014 |
s 149.......................................... | am No 130, 2014; No 98, 2019 |
Subdivision A heading................. | ad No 130, 2014 |
s 153.......................................... | am No 130, 2014 |
Subdivision B............................. | ad No 130, 2014 |
s 154A....................................... | ad No 130, 2014 |
s 154B....................................... | ad No 130, 2014 |
s 154C....................................... | ad No 130, 2014 |
Subdivision C............................. | ad No 130, 2014 |
s 154D....................................... | ad No 130, 2014 |
s 154E........................................ | ad No 130, 2014 |
s 154F........................................ | ad No 130, 2014 |
s 154G....................................... | ad No 130, 2014 |
s 154H....................................... | ad No 130, 2014 |
s 154J........................................ | ad No 130, 2014 |
s 154K....................................... | ad No 130, 2014 |
Subdivision D............................. | ad No 130, 2014 |
s 154L........................................ | ad No 130, 2014 |
am No 101, 2020; No 32, 2021 | |
Subdivision E heading................. | ad No 130, 2014 |
s 155.......................................... | am No 130, 2014; No 126, 2015 |
Subdivision F.............................. | ad No 130, 2014 |
s 155A....................................... | ad No 130, 2014 |
am No 92, 2017 | |
s 158.......................................... | am No 130, 2014 |
Subdivision A heading................. | rs No 62, 2014 |
rep No 160, 2015 | |
s 159.......................................... | rep No 62, 2014 |
s 160.......................................... | rs No 62, 2014 |
am No 160, 2015 | |
s 161.......................................... | am No 62, 2014; No 160, 2015 |
Subdivision B............................. | rep No 160, 2015 |
s 162.......................................... | am No 62, 2014 |
rep No 160, 2015 | |
s 163.......................................... | am No 62, 2014 |
rep No 160, 2015 | |
s 164.......................................... | am No 62, 2014 |
rep No 160, 2015 | |
Division 8.................................. | rep No 62, 2014 |
s 165.......................................... | rep No 62, 2014 |
s 167.......................................... | am No 98, 2019 |
s 168.......................................... | am No 98, 2019 |
s 170.......................................... | am No 98, 2019 |
s 179.......................................... | am No 136, 2012 |
Subdivision A heading................. | ad No 101, 2020 |
s 183.......................................... | am No 130, 2014; No 101, 2020; No 14, 2021; No 39, 2024 |
s 187.......................................... | am No 39, 2024 |
Subdivision B............................. | ad No 101, 2020 |
s 187A....................................... | ad No 101, 2020 |
s 187B....................................... | ad No 101, 2020 |
s 187C....................................... | ad No 101, 2020 |
am No 39, 2024 | |
s 187D....................................... | ad No 101, 2020 |
am No 39, 2024 | |
s 187E........................................ | ad No 101, 2020 |
am No 39, 2024 | |
Division 2 heading...................... | rs No 78, 2020 |
s 188.......................................... | am No 171, 2015; No 98, 2019; No 78, 2020 |
s 189.......................................... | am No 9, 2012 |
s 192.......................................... | rs No 98, 2019 |
am No 101, 2020; No 71, 2023 | |
s 194A....................................... | ad No 139, 2024 |
s 195A....................................... | ad No 98, 2019 |
s 195B....................................... | ad No 98, 2019 |
s 197.......................................... | am No 98, 2019; No 78, 2020 |
Subdivision C............................. | ad No 14, 2021 |
s 197AA..................................... | ad No 14, 2021 |
s 197AB..................................... | ad No 14, 2021 |
s 197AC..................................... | ad No 14, 2021 |
s 197AD..................................... | ad No 14, 2021 |
s 197AE..................................... | ad No 14, 2021 |
Division 3.................................. | ad No 78, 2020 |
s 197A....................................... | ad No 78, 2020 |
s 197B....................................... | ad No 78, 2020 |
s 197C....................................... | ad No 78, 2020 |
s 197D....................................... | ad No 78, 2020 |
s 199.......................................... | am No 130, 2014; No 83, 2017 |
s 200.......................................... | rep No 130, 2014 |
s 201.......................................... | am No 130, 2014 |
s 201A....................................... | ad No 101, 2020 |
am No 32, 2021 | |
s 201B....................................... | ad No 101, 2020 |
s 202.......................................... | am No 130, 2014 |
s 203A....................................... | ad No 101, 2020 |
s 204.......................................... | am No 80, 2021 |
s 204A....................................... | ad No 14, 2021 |
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