Higher Education (Disclosure of Information to Other Bodies) Determination 2013

Administered by Department of Education

Legislation au F2013L01320 Not in force Legislative Instrument

Legislation content

Higher Education (Disclosure of Information to Other Bodies) Determination 2013

made under subsection 180-25(4) of the

Higher Education Support Act 2003

Compilation No. 1 

Compilation date: 6 August 2022

Includes amendments up to: F2022L01043

 

 

 

 

 

 

 

 

 

 

Prepared by the Department of Education, Canberra

 

About this compilation

This compilation

This is a compilation of the Higher Education (Disclosure of Information to Other Bodies) Determination 2013 that shows the text of the law as amended and in force on 6 August 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

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 Legislation Register (www.legislation.gov.au). 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 series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

Modifications

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 series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

1               Citation

 

This legislative instrument may be cited as the Higher Education (Disclosure of Information to Other Bodies) Determination 2013.

 

2               Authority

 

The Higher Education (Disclosure of Information to Other Bodies) Determination 2013 is made under subsection 180-25(4) the Act.

 

4 Revocation

 

 The Higher Education (Disclosure of Information to Other Bodies) Determination 2012 (F2012L02256) made on 19 November 2012 and registered on 26 November 2012 (the Former Instrument) is revoked.

 

5 Transitional Arrangements

 

 The revocation of the Former Instrument does not affect the validity of a disclosure or a decision made under that instrument. A decision made under the Former Instrument is taken to continue to have effect as if it were made under the Higher Education (Disclosure of Information to Other Bodies) Determination 2013.

 

6 Bodies or Associations determined for the purposes of paragraph 180-25(3)(d)

 

 Pursuant to subsection 180-25(4) of the Act, the bodies or associations for the purposes of paragraph 180-25(3)(d) are:

(a)    Universities Australia [ABN 53 008 502 930];

(b)    the Council of Private Higher Education Incorporated [ABN 23 472 698 119]

(c)    the Australian Council for Private Education and Training [ABN 63 054 953 758];

(d)    the Group of Eight Limited [ABN 98 089 687 990];

(e)    the following Tertiary Admissions Centres:

i)       Queensland Tertiary Admissions Centre Limited [ABN 28 050 542 633]

ii)    South Australian Tertiary Admissions Centre [ABN 55 682 725 032]

iii)  Tertiary Institutions Service Centre Inc [ABN 24 830 500 871]

iv)   Universities Admissions Centre (NSW & ACT) Pty Limited [ABN 19 070 055 935]

v)     Victorian Tertiary Admissions Centre [ABN 83 837 024 255]

(f)     the Australian Institute of Health and Welfare [ABN 16 515 245 497]; and

(g)    the Australian Institute for Teaching and School Leadership Limited [ABN 17 117 362 740].

 

 

 

Endnotes

Endnote 1—About the endnotes

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

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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.

Misdescribed amendments

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 Legislation Act 2003.

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.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/sub‑subparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Higher Education (Disclosure of Information to Other Bodies) Determination 2013

4 July 2013 (F2013L01320)

5 July 2013

 

Higher Education (Disclosure of Information to Other Bodies) Amendment Determination 2022

5 August 2022 (F2022L01043)

6 August 2022

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3

rep LA s 48D

s 6

am F2022L01043

 

Overview

The Higher Education (Disclosure of Information to Other Bodies) Determination 2013 was enacted to address the need for a structured framework governing the disclosure of information by higher education providers to specified bodies under the Higher Education Support Act 2003. This legislative instrument, prepared by the Department of Education, aims to ensure that information is shared transparently and efficiently among relevant entities, thereby facilitating better governance and accountability within the higher education sector. The determination was made under the authority of subsection 180-25(4) of the Act and revoked the previous Higher Education (Disclosure of Information to Other Bodies) Determination 2012. The revocation was designed to ensure a smooth transition without affecting the validity of any decisions made under the previous instrument. The determination identifies specific bodies and associations authorised to receive such information, including Universities Australia, the Council of Private Higher Education Incorporated, and various Tertiary Admissions Centres, among others. This determination serves to streamline the process of information disclosure, ensuring that it aligns with the policy objective of enhancing the quality and integrity of the higher education system in Australia. By clearly specifying the entities authorised to receive information, the determination supports the broader goals of the Higher Education Support Act 2003, which aims to provide a robust support framework for higher education providers and their students. The determination also includes provisions for its own transitional arrangements, ensuring continuity and legal certainty for ongoing disclosures.

Scope and Application

The Higher Education (Disclosure of Information to Other Bodies) Determination 2013 was made under subsection 180-25(4) of the Higher Education Support Act 2003 and governs the disclosure of information from higher education providers to specific bodies or associations. This Determination applies to information held by institutions that are eligible to receive Commonwealth support for higher education services, including universities and other eligible higher education providers. The specified bodies or associations to which information may be disclosed include Universities Australia, the Council of Private Higher Education Incorporated, the Australian Council for Private Education and Training, the Group of Eight Limited, and various Tertiary Admissions Centres, among others. The Determination revokes the previous Higher Education (Disclosure of Information to Other Bodies) Determination 2012 but ensures that any decisions made under the former Determination remain valid. The scope of this Determination is limited to the disclosure of information for specific purposes as outlined in the Higher Education Support Act 2003 and does not extend to other types of information or entities not listed in the Determination.

Key Provisions

The Higher Education (Disclosure of Information to Other Bodies) Determination 2013 (the Determination) provides the framework for the disclosure of information from the Australian Government Department of Education to specific bodies or associations under subsection 180-25(4) of the Higher Education Support Act 2003 (the Act). This Determination revokes the previous Higher Education (Disclosure of Information to Other Bodies) Determination 2012, but it ensures that any decisions made under the former Determination remain valid and effective as if they were made under the 2013 Determination (section 5). The specific bodies or associations to which information can be disclosed are listed in section 6, and include Universities Australia, the Council of Private Higher Education Incorporated, and various Tertiary Admissions Centres, among others. The Determination imposes obligations on the Department of Education to facilitate the disclosure of information to the specified bodies or associations. This includes ensuring that the information provided is accurate, relevant, and sufficient for the purposes for which it is intended (subsection 180-25(3)(d) of the Act). The entities governed by this Determination must comply with any conditions or requirements set by the Department of Education regarding the disclosure of information, including maintaining confidentiality and using the information solely for the purposes authorised under the Act. Breaches of the Determination can result in various consequences, although the specific offences, penalties, or consequences are not detailed within the Determination itself. Typically, breaches of provisions under the Higher Education Support Act 2003 could result in civil or criminal penalties, including fines and imprisonment, depending on the severity and nature of the breach. The maximum penalties for breaches would be as prescribed by the relevant sections of the Act or any other applicable laws. It is essential to consult the primary Act and related legislation for specific details regarding penalties and enforcement mechanisms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.