Higher Education (Disclosure of Information to Other Bodies) Determination 2023

Administered by Department of Education

Legislation au F2023L01326 In force Legislative Instrument

Legislation content

 

Higher Education (Disclosure of Information to Other Bodies) Determination 2023

made under subsection 180-25(4) of the

Higher Education Support Act 2003

Compilation No. 1 

Compilation date: 17 April 2026

Includes amendments: F2026L00433

About this compilation

This compilation

This is a compilation of the Higher Education (Disclosure of Information to Other Bodies) Determination 2023 that shows the text of the law as amended and in force on 17/04/2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1  Name

3  Authority

4  Definitions

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

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

1  Name

  This instrument is the Higher Education (Disclosure of Information to Other Bodies) Determination 2023.

3  Authority

  This instrument is made under subsection 180-25(4) of the Higher Education Support Act 2003.

4  Definitions

In this instrument:

Act means the Higher Education Support Act 2003.

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 Independent Higher Education Australia Ltd [ABN 23 472 698 119];

 (c) the Independent Tertiary Education Council Australia [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 Ltd [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];

 (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

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court 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

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Higher Education (Disclosure of Information to Other Bodies) Determination 2023

28 September 2023

(F2023L01326)

29 September 2023

Higher Education Support Legislation Amendment (Disclosure of Information to Certain Agencies) Instrument 2026

16 April 2026

(F2026L00433)

17 April 2026

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s 48D

s 5

rep LA s 48C

s 6

am F2026L00433

Schedule 1

rep LA s 48C

 

Overview

The Higher Education (Disclosure of Information to Other Bodies) Determination 2023 was enacted to facilitate the disclosure of information from the Australian Government Department of Education, Skills and Employment to specified bodies and associations for the purpose of enhancing the quality and effectiveness of higher education services in Australia. This legislative instrument was made under subsection 180-25(4) of the Higher Education Support Act 2003 by the Australian Government, aiming to address the need for better coordination and alignment of higher education policies and practices. The bodies or associations determined for the purposes of this determination include Universities Australia, Independent Higher Education Australia Ltd, the Independent Tertiary Education Council Australia, The Group of Eight Limited, and various Tertiary Admissions Centres, as well as the Australian Institute for Teaching and School Leadership Limited. The policy objective is to ensure that these bodies have access to relevant data to support their roles in the higher education sector.

Scope and Application

The Higher Education (Disclosure of Information to Other Bodies) Determination 2023, which came into effect on 29 September 2023, specifies which bodies or associations are authorised to receive information from higher education institutions under the Higher Education Support Act 2003. This determination applies to specified entities, including Universities Australia, Independent Higher Education Australia Ltd, the Independent Tertiary Education Council Australia, The Group of Eight Limited, and various Tertiary Admissions Centres, as well as the Australian Institute for Teaching and School Leadership Limited. The scope of this legislation is Commonwealth-wide, ensuring that the authorised bodies can access relevant information to fulfil their functions effectively across Australia. The determination does not specify any exclusions or thresholds but provides a clear list of entities eligible to receive such disclosures. The legislation may be further extended or restricted through subordinate instruments, although none are noted in this compilation. Uncommenced amendments and modifications are accessible on the Federal Register of Legislation, providing transparency and enabling practitioners to understand the current legal landscape.

Key Provisions

The Higher Education (Disclosure of Information to Other Bodies) Determination 2023 (F2023L01326), made under subsection 180-25(4) of the Higher Education Support Act 2003, outlines the specific bodies to which higher education providers can disclose information. This determination clarifies the types of information that can be shared and the entities authorised to receive this data. It is crucial for higher education institutions to understand these provisions to ensure compliance with the legal requirements for information disclosure. Under this determination, higher education providers are permitted to disclose certain types of information to designated bodies. These include Universities Australia, the Independent Higher Education Australia Ltd, the Independent Tertiary Education Council Australia, The Group of Eight Limited, various Tertiary Admissions Centres, and the Australian Institute for Teaching and School Leadership Limited. The information that can be disclosed encompasses a range of data pertinent to educational services, student enrolments, and other related metrics. Such disclosures are intended to assist these bodies in their respective roles and responsibilities within the higher education sector. Higher education providers are obligated to ensure that any information disclosed is done so in accordance with the provisions of this determination. This includes verifying that the receiving entity is one of the bodies listed and that the information disclosed is within the scope permitted by the determination. Furthermore, providers must maintain records of such disclosures for a period as specified by the Higher Education Support Act 2003, to ensure traceability and accountability. In the event of a breach of this determination, there are potential civil and criminal consequences. While specific penalties are not detailed within the determination itself, the Higher Education Support Act 2003 provides a framework for enforcement. Breaches could result in penalties under the Act, which may include fines and other sanctions. It is imperative for higher education providers to adhere to these guidelines to avoid legal repercussions and maintain the integrity of the information disclosure process.

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Education Law
Instrument
Legislative Instrument
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Definitions & Interpretation
Reporting & Disclosure Obligations
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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.